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The Former Financial Regulation

The Former Financial Regulation

Outline of the Community (European Union) legislation about The Former Financial Regulation

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Budget

The Former Financial Regulation

1) Objective

To lay down the procedures for drawing up, adopting and implementing the budget of the European Union.

2) Community Measure

Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities.

Amended by:
CouncilRegulation (ECSC, EEC, Euratom) No 1252/79 of 25 June 1979
Financial Regulation of 16 December 1980 (80/1176 /EEC, Euratom, ECSC)
Council Regulation (ECSC, EEC, Euratom) No 1600/88 of 7 June 1988
Council Regulation (ECSC, EEC, Euratom) No 2049/88 of 24 June 1988
Council Regulation (Euratom, ECSC, EEC) No 610/90 of 13 March 1990
Council Regulation (ECSC, EC, Euratom) No 1923/94 of 25 July 1994
Council Regulation (ECSC, EC, Euratom) No 2730/94 of 31 October 1994
Council Regulation (EC, Euratom, ECSC) No 2333/95 of 18 September 1995
Council Regulation (EC, Euratom, ECSC) No 2334/95 of 18 September 1995
Council Regulation (EC, Euratom, ECSC) No 2335/95 of 18 September 1995
Council Regulation (EC) No 2444/97 of 22 September 1997
Council Regulation (EC, ECSC, Euratom) No 2548/98 of 23 November 1998
Council Regulation (EC, ECSC, Euratom) No 2779/98 of 17 December 1998
Council Regulation (EC, ECSC, Euratom) No 2673/1999 of 13 December 1999

3) Contents

“The budget of the European Communities is the instrument which sets out the forecasts of, and authorises in advance, the expected revenue and expenditure of the Communities for each year”. It is on the basis of this definition (given in Article 1) that the Financial Regulation goes on toshape the European Union’s financial architecture step by step. Subsequent articles of the Regulation introduce the key concepts underlying the budget and lay down the procedures and rules for its establishment and implementation. The main features of the Financial Regulation are summarised below. More detailed questions can be answered by referring to the text of the Regulation itself.

I. European budgetary law in 16 definitions

The financial year: The financial year runs for 12 months from 1 January to 31 December. The budget comprises all expenditure and revenue authorised for that year. The appropriations entered in the budget are authorised only for the duration of one financial year. (See point 12 – Carryover of appropriations).

Differentiated appropriations: One of the principles governing the Community’s financial system is annuality. This means that operations relate to a given financial year, making it easier to control the work of the Community executive. However, multiannual operations are often necessary (e.g. research programmes, structural measures, etc), in which case the notion of differentiated appropriations is used. Differentiated appropriations, as opposed to non-differentiated appropriations, are split into commitment appropriations and payment appropriations. Operations extending over more than one financial year have a deadline attached, i.e. a date by which the relevant projects must be completed.

Commitment appropriations: Commitment appropriations cover the total cost, in the current financial year, of the legal obligations entered into for operations to be carried out over more than one financial year. This type of appropriation constitutes the upper limit of expenditure which can be committed during the financial year.

Payment appropriations: Payment appropriations cover expenditure arising from commitments entered into during the current financial year or preceding years.

Appropriations for commitment: This term refers to the sum of commitment appropriations and non-differentiated appropriations.*

Appropriations for payment: This term refers to the sum of payment appropriations and non-differentiated appropriations. *In effect, non-differentiated appropriations authorise an equal amount of commitments and payments, so that both aspects must be fully taken into account.

Principles of sound financial management: Principles underlying the use of budget appropriations, including economy, cost-effectiveness, evaluation prior to mobilisation of Community resources, regular review of operations, etc.

Financial statement: The financial statement sets out the various financial aspects of an operation (financial consequences, links with financial instruments, schedule, etc). Any proposal or communication which may have budgetary consequences must include a financial statement.

No offsetting: According to this principle, all revenue and expenditure must be entered in full with no adjustment against each other, thus ensuring an exhaustive and complete presentation of the budget.

No assignment of revenue: This rule prevents specific revenue from being used to finance specific expenditure. Total revenue covers total expenditure. There are exceptions to this principle: for example Member States’ financial contributions to certain research programmes and contributions from non-member countries to Community activities under the Agreement on the European Economic Area.

Booking of revenue and expenditure to articles: Revenue can be collected and expenditure effected only if it is booked to an article in the budget. This means that all financial operations (revenue or expenditure) must have a budgetary basis, i.e. a specific article in the budget. In addition, no expenditure may exceed the authorised appropriations.

Carryover of appropriations: As a general rule, non-differentiated appropriations lapse if they are not used at the end of the financial year for which they are entered. However, in the case of payments outstanding in respect of commitments entered into before the end of the financial year, appropriations left unused must be transferred to the budget of the following year. Optional carryovers are possible when requirements cannot be met from the budget of the following financial year. Differentiated appropriations (consisting of commitment appropriations and payment appropriations) also lapse if they are not used at the end of the financial year, although a decision may be taken to carry them over in certain instances (e.g. where the basic legislative instrument is adopted at the end of December and the Commission is unable to commit the amounts before 31 December).

Provisional twelfths: If the budget is not finally adopted by the beginning of the financial year, i.e. 1 January, the “provisional twelfths” system comes into operation. In this case, payments may be made monthly up to a limit of one twelfth of the appropriations entered in the budget of the previous financial year.

Adoption of the budget: The adoption of the budget marks the end of the budget procedure. The budget, which is drawn up in euros, is declared adopted by the President of Parliament and then published in the Official Journal. Once the budget has been finally adopted, each Member State is required to make available to the Community its own resources payments with effect from 1 January of the following financial year.

Reserves: Under European budgetary law, there are six types of reserves, of which three are expressly provided for by the Financial Regulation:

  1. provisional appropriations;
  2. The contingency reserve;
  3. The negative reserve: a mechanism whereby new expenditure is financed by anticipating savings which will be made during the financial year, even though it is impossible to tell, when the budget is adopted, which items will generate these savings. A negative amount is therefore entered in the budget and offset during the year by transfers from chapters which are in surplus.

These reserves are designed to facilitate budget management. They can be drawn on – during the financial year – to enter amounts in a budget line for an operation that was not entirely finalised when the budget was adopted, to increase the authorised appropriations in order to deal with unforeseen circumstances or to reduce the authorised appropriations for the sake of economy, taking into account the progress made in implementation. The reserves can be used only by implementing a transfer procedure.

The financial perspective provides for three other reserves designed to create room for manoeuvre, so that expenditure can be covered even where the requirements could not easily have been foreseen when the financial perspective was drawn up:

  1. The monetary reserve is designed to offset the effects on agricultural spending of significant and unexpected movements in the dollar/euro parity, compared with the value used in drawing up the budget.
  2. The reserve for loan guarantees for non-member countries is used to transfer amounts to the budget lines, which cover payments to the guarantee fund and payments in the event of default by debtors.
  3. The emergency aid reserve is designed to enable the Community to react quickly to specific aid requirements in non-member countries, mainly in the form of humanitarian aid.

Discharge: The European Parliament, acting on a recommendation by the Council, grants the Commission discharge for its implementation of the budget, after examining a series of reports, in particular that of the Court of Auditors. The purpose is to bring the financial year to a close in both formal and political terms. The discharge decision covers the accounts of all Community revenue and expenditure and the situation described in the balance sheet (statement of assets and liabilities). It consists of an appraisal of how the Commission has discharged its responsibility for budget management over the past financial year.

II. Establishment of the budget

The first stage in the process leading to the establishment of the budget is that each institution (Parliament, the Council, the Court of Justice, the Court of Auditors, the Economic and Social Committee and Committee of the Regions and the Ombudsman) draws up estimates of its expenditure and revenue for the following year and sends them to the Commission.

After receiving the various estimates, the Commission draws up the preliminary draft budget, which must be presented by 1 September and contains:

  • a general statement of the revenue of the Communities;
  • a statement of estimates;
  • a general introduction including financial tables covering the entire budget and a description of the policies for which the appropriations are requested;
  • an introduction to each section, drafted by the institution concerned;
  • a working paper on the staff of the institutions (staff policy, variation in staff numbers, etc);
  • a working paper on subsidies to decentralised bodies (agencies, European schools etc);
  • an analysis of financial management over the past year and a balance sheet setting out the Communities’ assets and liabilities;
  • an opinion on the estimates of the other institutions.

During the procedure, the Commission may amend this preliminary draft by sending a letter of amendment to the Council at least 30 days before Parliament’s first reading of the draft budget.

In exceptional circumstances, the Commission may present preliminary draft supplementary and/or amending budgets, which are examined according to the usual budgetary procedure. A preliminary draft supplementary budget either increases the total amount of appropriations or finances new operations without increasing appropriations. A preliminary draft amending budget makes technical changes, without increasing the overall budget or providing for new operations. These preliminary drafts must be accompanied by statements of justification.

The budgetary procedure is laid down in Article 272 of the EC Treaty. After examining the preliminary draft budget, the Council sends Parliament a draft budget, accompanied by an explanatory memorandum explaining why it has departed from the preliminary draft budget, if it has done so.

III. Structure and presentation of the budget

The budget contains a general statement of revenue (estimated revenue of the Communities for the financial year in question and actual revenue in the previous financial year), plus a number of sections subdivided into statements of revenue (revenue for the financial year in question and the previous year, together with the relevant remarks) and expenditure. The various sections cover:

  1. The European Parliament
  2. The Council
  3. The Commission
  4. The Court of Justice
  5. The Court of Auditors
  6. The Economic and Social Committee
  7. The Committee of the Regions
  8. The Ombudsman.

The Commission section contains a Part A (staff and administrative expenditure) and a Part B (operational expenditure). Part B is broken down into several sub-sections, according to requirements. These subsections, which correspond to European Union policies, are shown in the table below. The figures are taken from the 1999 budget.

Policies (sub-sections) Amount in 1999 budget (EUR million) Percentage of the total budget
Common agricultural policy (CAP)
European Agricultural Guidance and Guarantee Fund, Guarantee Section
40 940.0 42.2
Structural operations
structural and cohesion expenditure
39 260.0 40.5
Training, youth, culture, audiovisual media, information, social dimension and employment 812.0 0.8
Energy and environment 235.4 0.2
Consumer protection, internal market, industry and trans-European networks 1129.1 1.2
Research and technological development 3450.0 3.6
External action 6223.8 6.4
Common foreign and security policy 30.0 0.0
Guarantees and reserves 346.0 0.4

Each section or subsection is divided into titles, chapters, articles and items. The statement of expenditure in each section (i.e. for each institution) includes, for the various titles, chapters, articles and items (each subdivision being accompanied by remarks):

  • the appropriations made available for the financial year in question;
  • the appropriations made available for the previous financial year;
  • actual expenditure in the last financial year (= actual payments plus carryovers to the following financial year).

IV. Implementation of the budget

The implementation of the budget is based on a fundamental principle – the need for a legislative basis – which has been both the cause and the result of a series of crises between the two arms of the budgetary authority. The implementation of appropriations entered in the budget for “significant” Community action requires the prior adoption of a basic act, i.e. a legal provision such as a regulation, a decision, etc., providing for the expenditure. Pilot schemes and certain kinds of information activities are deemed not to be “significant”, so that they can be put into effect merely on the basis of the relevant line in the Community budget.

The Community budget is implemented by the European Commission, acting under its own responsibility, in accordance with the Financial Regulation and within the limits of the appropriations entered in the budget. But while the Commission’s implementing responsibilities cover its own internal operations and Community policies, the other institutions (Parliament and the Council, etc.) implement the sections of the budget which concern them. This power to implement the budget cannot be delegated to external bodies, at least in relation to the tasks of the European civil service (e.g. public procurement). Implementing powers may be delegated within the European administration so that certain officials act as authorising officers, accounting officers and financial controllers. In practical terms, it is they who implement the budget. This internal delegation of powers is subject to strict conditions in order to avoid conflicts of interest or abuse of power.

Within the European administration the implementation of the Community budget rests on the existence of three different functions, which must be performed separately: authorising officer, accounting officer and financial controller.

The authorising officer administersthe appropriations. He alone has the power to “commit” expenditure, i.e. to give the initial authorisation for expenditure. The authorising officer is liable to disciplinary action and may be held financially liable if he fails to comply with the Financial Regulation or neglects tasks relating to his function.
The accounting officer makes the payments. He is the only person empowered to handle monies and other assets and is also responsible for their safekeeping. The accounting officer is liable to disciplinary action and may be held financially liable for payments in which a procedural error is detected. Officials performing accounting functions receive a special allowance to compensate for their increased responsibility vis-à-vis “ordinary” officials.
The financial controller carries outmonitoring and audit tasks. He checks the commitment and authorisation of all expenditure and ensures that revenue is properly collected. In short, he checks the legality of operations. To carry out this task, the financial controller has access to all the necessary documents and information. In his capacity as auditor, he is also regularly consulted on and evaluates changes to financial management systems. Commission staff exercising this function are governed by special rules guaranteeing their independence (for example, in certain cases they may bring actions before the Court of Justice). The financial controller is liable to disciplinary action and may be held financially liable if he grants his approval to expenditure in excess of the budget appropriations.

In a stricter sense, implementation of the Community budget consists mainly of expenditure, which, under budgetary law, is broken down into various stages: commitment, validation, authorisation and payment:

1 Commitment Prior to any measure which may give rise to expenditure (in particular legal commitments vis-à-vis third parties), the authorising officer must draw up a proposal for a budgetary commitment on which the financial controller must grant his approval. The purpose of the financial controller’s approval is to establish that the appropriations are available and that the expenditure is consistent with the relevant legislation and correctly charged to the budget. If some of these conditions are not met, the financial controller may refuse to grant his approval. The superior authority may overrule such a refusal, informing the Court of Auditors of its decision, but this hypothetical facility is rarely used in practice.
2 Validation Validation is the act whereby the authorising officer checks the claim of the creditor (the recipient of expenditure), the amount of that claim and the conditions under which payment falls due. Validation is subject to presentation of supporting documents.
3 Authorisation Authorisation is the act whereby the authorising officer instructs the accounting officer to pay an item of expenditure which he has validated. Payment orders are sent for prior approval to the financial controller, the purpose being to establish, among other things, that the payment order agrees with the commitment of expenditure and that the amount is correct. After approval, the order is forwarded to the accounting officer.
4 Payment Payment is the final action whereby the institution is discharged of its obligations towards its creditors. It is carried out by the accounting officer.

Appropriations are classified under chapters and articles. Parliament and the Council may transfer appropriations from one chapter to another and from one article to another within their own section of the budget. The Commission may, within its section of the budget, transfer appropriations from one article to another within each chapter and from one chapter to another within each of the titles relating to staff and administrative expenditure. The Commission informs the budgetary authority of these transfers, giving a statement of the grounds.

The balance from each financial year is entered in the budget of the following financial year as revenue or expenditure, depending on whether it represents a surplus or a deficit.

During the financial year, the Commission sends Parliament, the Council and the Court of Auditors figures on the implementation of the budget in the form of:

  • monthly reports on both revenue and expenditure, together with information on the use of appropriations carried over from previous financial years;
  • a report every four months on revenue and expenditure, together with information on the use of appropriations carried over from previous financial years.

In the course of the year, following a given financial year, the Commission produces several documents describing its financial activities in that financial year. By no later than 1 May of the following year, it draws up a consolidated revenue and expenditure account comprising:

  1. a table of revenue;
  2. tables showing movements in appropriations for the financial year, indicating payment appropriations and non-differentiated appropriations;
  3. tables of expenditure showing the use of appropriations allocated for the financial year, indicating payment appropriations and non-differentiated appropriations;
  4. tables showing the use of the appropriations available from previous years;
  5. a document showing capital operations and debt management.

The revenue and expenditure account encompasses all revenue and expenditure operations relating to the past financial year for each institution. It is presented in the same form as the budget. At the same time, the Commission presents a consolidated balance sheet setting out the Communities’assets and liabilities, including borrowing and lending operations, and an analysis of financial management.

The institutions comply with existing European legislation regarding public procurement.

The Communities’ movable and immovable property is recorded in an inventory, which is used in drawing up each institution’s balance sheet.

The Community accounts are kept in euros, using the double entry method, on the basis of the calendar year. The accounts show all revenue and expenditure for the financial year and are supplemented by supporting documents.

The Court of Auditors monitors the implementation of the Community budget. The institutions send it all the supporting documents required for that purpose. The object of the Court’s supervision is to ensure that revenue and expenditure is legal and consistent with the Treaties, the budget and Community legislation. The Court also ensures that sound financial management is practiced. The Court’s comments are set out in its annual report. It may present special reports when it wishes to comment on specific matters. Special reports may also be drawn up at the request of an institution.

V. Special status of certain areas of the Community’s financial activities

The very nature of certain operations or policies means that their financial management receives special treatment:

  1. Research and technological development (R&TD) appropriations

    Appropriations earmarked for projects under the framework programme of R&TD activities are entered separately in a special subsection in Part B of the Commission section of the budget.
  2. European Agricultural Guidance and Guarantee Fund, Guarantee Section (EAGGF)

    One of the peculiarities of the agricultural budget is that provisional overall commitments are made corresponding to the advances to be paid to Member States. There is also an early warning system designed to rein in agricultural spending.
  3. External aid

    External aid is granted as part of the Community’s cooperation policy, either under cooperation agreements or independently. In many cases financing agreements are drawn up between the Commission and the government of the recipient country.
  4. Financial contributions from third parties
    As an exceptionto the principles of specification and non-assignment, contributions to the Community budget from third parties constitute revenue earmarked for specific purposes. This applies in particular to countries which are parties to the Agreement on the European Economic area.
  5. Office for Official Publications of the European Communities
    The budget appropriations relating to the Publications Office are shown in an annex setting out its expenditure and revenue, as it is the only Community body to generate revenue.

4) Deadline For Implementation Of The Legislation In The Member States

Not applicable.

5) Date Of Entry Into Force (If Different From The Above)

  • Financial Regulation of 21 December 1977:
  • Regulation (ECSC, EEC, Euratom) No 1252/79: 01.07.1979
  • Regulation (EEC, Euratom, ECSC) No 80/1176: 12.05.1980
  • Regulation (ECSC, EEC, Euratom) No 1600/88: 13.06.1988
  • Regulation (ECSC, EEC, Euratom) No 2049/88: 18.07.1988
  • Regulation (Euratom, ECSC, EEC) No 610/90: 19.03.1990
  • Regulation (ECSC, EC, Euratom) No 1923/94: 02.08.1994
  • Regulation (ECSC, EC, Euratom) No 2730/94: 19.11.1994
  • Regulation (EC, Euratom, ECSC) No 2333/95: 10.10.1995
  • Regulation (EC, Euratom, ECSC) No 2334/95: 10.10.1995
  • Regulation (EC, Euratom, ECSC) No 2335/95: 10.10.1995
  • Regulation (EC) No 2444/97: 18.12.1997
  • Regulation (EC, ECSC, Euratom) No 2548/98: 05.12.1998
  • Regulation (EC, ECSC, Euratom) No 2779/98: 01.01.1999
  • Regulation (EC, ECSC, Euratom) No 2673/1999: 01.01.2000

6) References

  • Financial Regulation of 21 December 1977: Official Journal L 356, 31.12.1977
  • Regulation (ECSC, EEC, Euratom) No 1252/79: Official Journal L 160, 28.06.1979
  • Regulation (EEC, Euratom, ECSC) No 80/1176: Official Journal L 345, 20.12.1980
  • Regulation (ECSC, EEC, Euratom) No 1600/88: Official Journal L 143, 10.06.1988
  • Regulation (ECSC, EEC, Euratom) No 2049/88: Official Journal L 185, 15.07.1988
  • Regulation (Euratom, ECSC, EEC) No 610/90: Official Journal L 70, 16.03.1990
  • Regulation (ECSC, EC, Euratom) No 1923/94: Official Journal L 198, 30.07.1994
  • Regulation (ECSC, EC, Euratom) No 2730/94: Official Journal L 293, 12.11.1994
  • Regulation (EC, Euratom, ECSC) No 2333/95: Official Journal L 240, 07.10.1995
  • Regulation (EC, Euratom, ECSC) No 2334/95: Official Journal L 240, 07.10.1995
  • Regulation (EC, Euratom, ECSC) No 2335/95: Official Journal L 240, 07.10.1995
  • Regulation (EC) No 2444/97: Official Journal L 340, 11.12.1997
  • Regulation (EC, ECSC, Euratom) No 2548/98: Official Journal L 320, 28.11.1998
  • Regulation (EC, ECSC, Euratom) No 2779/98: Official Journal L347, 23.12.1998
  • Regulation (EC, ECSC, Euratom) No 2673/1999: Official Journal L 326, 18.12.1999

7) Follow-Up Work

8) Commission Implementing Measures

EU-China: closer partners, growing responsibilities

EU-China: closer partners, growing responsibilities

Outline of the Community (European Union) legislation about EU-China: closer partners, growing responsibilities

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Asia

EU-China: closer partners, growing responsibilities

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 24 October 2006 entitled “EU-China: closer partners, growing responsibilities” [COM(2006) 631 final – Not published in the Official Journal].

Summary

The European Union (EU) supports the sustainable development of China by strengthening its partnership for political, economic and social reform. Strong economic growth in China has promoted stability and poverty reduction but the country still faces significant challenges.

In this respect, the two partners have decided to re-assess their trade and cooperation agreement in order to establish a more global partnership, covering the whole of their relationship.

The Commission also presents the cooperation priorities for the partners, which take into consideration their joint interests and the development of their relationship.

Supporting political transition

The EU and China hold regular political dialogue on human rights, the protection of minorities and the strengthening of the rule of law. In this field, the partners shall:

  • orient their objectives towards achieving concrete results;
  • monitor their actions;
  • coordinate their actions with bilateral dialogues conducted between China and the EU Member States.

Promoting energy efficiency and environmental protection

China and the EU are two of the principal actors in the global energy markets. Their cooperation is carried out within a context of increased energy demands. In particular, it aims to:

  • improve transparency and the regulatory environment of the energy sector;
  • exchange techniques and information for managing resources effectively, and the development of renewable energies;
  • favour investment and the opening up of public procurement;
  • promote the application of international standards.

On the basis of a joint declaration in 2005, the EU assists China on preventing pollution, protecting biodiversity, combating deforestation, and the sustainable management of fisheries, water resources and raw materials.

This declaration also opens the way for closer cooperation on tackling climate change, specifically in order to meet the requirements of the Kyoto Protocol.

Balancing economic and social development

The EU proposes extending the political dialogue to decent work standards, health and the ageing population.

In addition, China must reform its growth model in order to promote social inclusion and to increase the purchasing power of its population. The partners shall cooperate to define and implement balanced monetary and fiscal policies.

Improving trade and economic relations

The EU is China’s largest trading partner. Its imports represent more than 19 % of China’s external trade. In addition, the growing Chinese market represents a significant export opportunity for European companies.

In order to comply with commitments to the World Trade Organization (WTO), the partners must specifically:

  • promote the opening up of the Chinese market to investments and exports;
  • define fair trade rules, specifically regarding protecting intellectual property rights and decent work standards;
  • resolve trade disputes through dialogue or trade defence measures and the WTO dispute settlement system.

Strengthening sectoral cooperation

More targeted bilateral cooperation is needed in the following fields:

  • cooperation in science and technology, including the participation of researchers in the respective research programmes and projects of each of the partners;
  • immigration, to establish a legal framework for exchanges and readmission, but also concerning the fight against organised crime and terrorism;
  • cultural exchanges, by supporting relations between the civil societies;
  • education, through student exchange programmes and interaction between universities.

Encouraging security and international cooperation

The EU and China both have an interest in conducting a structured dialogue on peace and security in certain regions of the world, particularly in East Asia, where China is a key player. The EU also supports dialogue between China and Taiwan in order to promote the stability of the region.

The cooperation also concerns transparency on military expenditure, nuclear non-proliferation and the progressive lifting of the European arms embargo.

Lastly, the partners must work together to coordinate international actions in the area of development aid, particularly for sustainable development, peace and stability in Africa.

 

Marketing of feed

Marketing of feed

Outline of the Community (European Union) legislation about Marketing of feed

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Animal nutrition

Marketing of feed

Document or Iniciative

Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC.

Summary

This Regulation lays down rules on the placing on the market and use of feed for food-producing animals or pets. It also lays down labelling, packaging and presentation requirements.

Feed

This Regulation covers feed, i.e. any substance or product, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals.

It applies without prejudice to provisions in the field of animal nutrition concerning:

  • medicated feedingstuffs;
  • undesirable substances;
  • transmissible spongiform encephalopathies;
  • animal by-products not intended for human consumption;
  • genetically modified food and feed;
  • the traceability and labelling of genetically modified organisms (GMOs);
  • additives; and
  • the production and labelling of organic products.

Marketing and use

Animal feed shall comply with safety and marketing requirements. In particular, it shall:

  • be safe;
  • not have a direct adverse effect on the environment or animal welfare;
  • be sound, genuine, unadulterated, fit for purpose and of merchantable quality;
  • be labelled, packaged and presented in accordance with the applicable legislation; and
  • comply with the technical provisions on impurities and other chemical determinants (see Annex I to the Regulation).

Feed shall not contain materials whose placing on the market or use is restricted or prohibited (see Annex III to the Regulation).

The traceability of feed shall be guaranteed at all stages of production, processing and distribution. Feed business operators must therefore be capable of identifying any person who has provided them with feed, a food-producing animal or any substance intended or likely to be incorporated into feed.

Feed which is or is likely to be placed on the market in the European Community shall be labelled or identified appropriately in order to facilitate its traceability.

If the feed business operator considers that a feed does not meet the feed safety requirements, it shall immediately initiate the procedures for withdrawing the feed in question from the market. It shall then inform the competent authorities and users without delay.

Labelling and presentation

This Regulation establishes general provisions for the labelling and presentation of all feed, such as the obligation to indicate:

  • the type of feed;
  • the name and address of the operator;
  • the batch or lot reference number;
  • the net weight;
  • the list of additives used; and
  • the moisture content.

The labelling and presentation of feed must not mislead the user concerning the intended use or characteristics of the feed. The mandatory labelling particulars shall be clearly visible on the packaging, the container, on a label attached thereto or on the document accompanying the feed. The particulars shall be clearly legible and indelible. They shall be given in at least one of the official languages of the Member State or region in which the feed is marketed.

Specific labelling requirements are laid down for feed materials, compound feed and “dietetic” feed. All claims relating to feed must be duly justified.

The labelling of pet food shall include a telephone number for customers wishing to know more about the ingredients used.

Packaging

Feed materials and compound feed shall be placed on the market in sealed packages and containers.

However, certain feed may be placed on the market in bulk or in unsealed packages or containers. This derogation concerns:

  • feed materials;
  • mixtures of grain and whole fruit;
  • deliveries between producers of compound feed;
  • compound feed delivered by the producer to the user or packaging firms;
  • quantities of compound feed not exceeding 50 kilograms in weight which are intended for the final user and are taken directly from a sealed package or container; and
  • blocks or licks.

Community Catalogue of feed materials

The Community Catalogue of feed materials is intended to improve the labelling of feed materials and compound feed. For each material listed, it includes the following particulars:

  • the name;
  • the identification number;
  • a description (including information on the manufacturing process); and
  • a glossary of definitions.

Community Codes of good labelling practice

Stakeholders are also encouraged to create Community Codes of exemplary practice in the context of optional labelling: one for pet food and one for compound feed for food-producing animals.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 767/2009

21.9.2009

OJ L 229 of 1.9.2009

Subsequent amendments and corrections to Regulation (EC) No 767/2009 have been incorporated in the basic text. This consolidated versionhas a purely documentary value”.

DEROGATION FROM THE ACT

Regulation (EU) No 454/2010 [Official Journal L 128 du 27.5.2010].
Feed intended for pet animals which is labelled in accordance with Directive 79/373/EEC and Article 16 of Directive 70/524/EEC may be placed on the market until 31 August 2011.

Related Acts

Commission Regulation (EU) No 242/2010 of 19 March 2010 creating the Catalogue of feed materials [Official Journal L 77 of 24.3.2010].

Transparency, simplification of the Treaties and quality of Community legislation

Transparency, simplification of the Treaties and quality of Community legislation

Outline of the Community (European Union) legislation about Transparency, simplification of the Treaties and quality of Community legislation

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Institutional affairs > Building europe through the treaties > The Amsterdam treaty: a comprehensive guide

Transparency, simplification of the Treaties and quality of Community legislation

The European Union often deals with complex technical matters, whilst its institutional arrangements are unique and difficult to understand on first acquaintance. Frequent misunderstandings have thus arisen between the European institutions, national political and economic interests and the European public at large. To promote a better understanding of the European integration process, the institutions are gradually adopting more transparent ways of working and taking decisions.

The concept of “transparency” applies mainly to the question of access to Union information and documents but it also has to do with the production of clearly understandable legislative texts. It involves not only producing a single consolidated version of each text which has undergone amendments (such consolidation may be done formally or informally) but also laying down drafting rules so that any piece of legislation adopted in each of the Community’s official languages (of which there are currently eleven) is as clear as possible.

The Treaty of Amsterdam confers certain rights on the public and makes recommendations to the institutions with a view to ensuring that the fullest possible information is available and thus improving the democratic workings of the European Union.

TRANSPARENCY

To clarify the concept of “transparency” some amendments have been made to the EC Treaty.

A new Article 255 has been inserted, giving any Union citizen and any natural or legal person residing or having a registered office in a member state the right of access to European Parliament, Council and Commission documents.

The general principles governing the right of access and any restrictions on the grounds of public or private interest are to be fixed by the Council, acting under the codecision procedure with Parliament, within two years after the Treaty of Amsterdam enters into force. The three institutions concerned must include specific rules on access to documents in their Rules of Procedure.

A third paragraph has been added to Article 207 (ex Article 151), requiring the Council to grant access to documents relating to its legislative activities. As a minimum requirement, the results of votes, explanations of votes, and statements in the minutes must be made public.

These provisions clarify the rights of the public regarding access to documents and apply to all areas covered by the first and third pillars. However, they do not cover the common foreign and security policy, since that involves diplomatic rather than legislative activities. Access to certain national documents may also be restricted if the member state concerned so requests (Declaration adopted by the intergovernmental conference on Article 255).

SIMPLIFICATION AND CONSOLIDATION OF THE TREATIES

It has become difficult to read the original Treaties because of all the deletions, additions and amendments made by the Single European Act and the Treaties of Maastricht and Amsterdam. To make the EU Treaty and the EC Treaty easier to follow, all their articles have been renumbered.

In a Declaration adopted by the Intergovernmental Conference, the Member States also agreed to produce consolidated versions of all the Treaties. This consolidation will have no legal status but will provide more legible texts from which any lapsed provisions will have been deleted.

QUALITY OF THE DRAFTING OF COMMUNITY LEGISLATION

The Intergovernmental Conference adopted a Declaration incorporating the conclusions of the Edinburgh European Council (11-12 December 1992) and the Council Resolution of 8 June1993. This Declaration stresses that Community legislation must be clearly drafted if it is to be properly implemented by the competent national authorities and better understood by the general public.

In particular, the Conference calls on the three main institutions responsible for drafting Community legislation (the European Parliament, the Council and the Commission) to establish guidelines for improving the quality of the texts which they draft, amend or adopt.

The Conference also called for the codification of legislative texts to be speeded up.

Assistance for traditional ACP suppliers of bananas

Assistance for traditional ACP suppliers of bananas

Outline of the Community (European Union) legislation about Assistance for traditional ACP suppliers of bananas

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Development > African Caribbean and Pacific states (ACP)

Assistance for traditional ACP suppliers of bananas

Document or Iniciative

Council Regulation (EC) No 2686/94 of 31 October 1994 establishing a special system of assistance to traditional ACP suppliers of bananas.

Council Regulation (EC) No 856/1999 of 22 April 1999 establishing a special framework of assistance for traditional ACP suppliers of bananas.

Summary

Traditional African, Caribbean and Pacific (ACP) suppliers of bananas have benefited from a framework of assistance to improve the competitiveness and diversification of their agricultural production.

The term traditional ACP suppliers of bananas does not refer to all current ACP suppliers of bananas. The countries involved (defined according to historical references) are: Belize, Cameroon, Cape Verde, Côte d’Ivoire, Dominica, Grenada, Jamaica, Madagascar, Saint Lucia, Saint Vincent and the Grenadines, Somalia and Suriname.

Within the meaning of the Regulation, the term “bananas” means fresh or dried bananas, excepting plantains.

The temporary special framework of assistance (SFA) is established by Regulation (EC) No 856/1999 for a period of ten years with effect from 1 January 1999.

Activities eligible for assistance

The assistance measures aim to:

  • increase productivity and improve product quality, including in the field of plant health;
  • adapt production, distribution or marketing methods, particularly in the context of the standards provided for in Regulation (EEC) No 404/93 and (EC) No 1234/2007;
  • establish producers’ organisations to improve the marketing and competitiveness of their products;
  • develop fair trade, and systems of certifying environmentally-friendly production methods;
  • develop a production and/or marketing strategy to meet the requirements of the market;
  • assist with training, market intelligence and the development of environment-friendly and fair production methods;
  • support the diversification of production where improvement in the competitiveness of the sector is not sustainable.

Financing programmes

The financial assistance provided is designed to complement and reinforce the assistance provided under other instruments of development cooperation. Each year, the Commission fixes the maximum amount available to each supplier on the basis of the competitiveness gap observed and the scale of banana production of the country concerned.

The Regulation provides for mechanisms to reduce Community aid gradually. From 2004, a maximum reduction coefficient of 15 % will be applied each year to the level of assistance made available to each country. When programmes are implemented, this reduction coefficient will be reduced to an extent equivalent to the increase in competitiveness observed.

The projects financed under the “bananas” budget heading were devolved to the Commission delegations in the last quarter of 2005. This devolution has enabled the delegations to manage projects more effectively and to catch up on any commitment or payment backlogs.

Evaluation

The Commission was required to present a report to the European Parliament and the Council on the operation of the Regulation by 31 December 2000 and every two years thereafter.
It presented its first two-yearly report in February 2001, and the second in December 2002.

Context

Since the common market organisation (CMO) in bananas was established in 1993, ACP states have benefited from a preferential trade regime for exporting bananas to the EU. As such:

  • from 1993 to 2005 imports of bananas from non-ACP states were subject to quotas and customs duties. ACP states were not subject to customs duties within quota and benefited from reduced customs duties for imports above the quota;
  • in 2006 the general imports system was replaced by a system based only on customs duties, except for ACP states which benefited from a quota system exempt from customs duties;
  • since 2008, the ACP states which have negotiated an Economic Partnership Agreement (EPA) have benefited from access to the market without quotas or customs duties. The EPAs replace the trade provisions of the Cotonou Agreement which expired on 31 December 2007;
  • since 15 December 2009 customs duties applicable to imports from third countries (non-ACP states) have been EUR 148/tonne.

The special framework of assistance for ACP suppliers established in 1999 came to an end in 2008; however a number of projects are still underway.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 2686/94

5.11.1994

OJ L 286 of 5.11.1994

Regulation (EC) No 856/1999

30.4.1999

OJ L 108 of 27.4.1999

Related Acts

Council Decision 2010/314/EU of 10 May 2010 on the signing and provisional application of the Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of the Agreement on Trade in Bananas between the European Union and the United States of America.

Commission Regulation (EC) No 1609/1999 of 22 July 1999 laying down the detailed rules for the implementation of Council Regulation (EC) No 856/1999 [Official Journal L 190 of 23.7.1999].
This Regulation lays down the detailed rules for the implementation of the special framework of assistance, for example the deadlines, the methods for calculating the reference price, the reference quantities and the competitivity gap.
Requests for assistance should be based on a coherent long-term strategy for the banana sector. Programmes submitted should be drawn up on the basis of this strategy and take the form of annual action plans. Funds allocated to countries which have not presented a request for assistance within the specified deadline shall be distributed to other countries.

REPORTS

Communication from the Commission to the Council and the European Parliament of 17 March 2010 – Biennial Report on the Special Framework of Assistance for Traditional ACP suppliers of Bananas [COM(2010) 103 final – Not published in the Official Journal].

The special framework of assistance (SFA) came to an end on 31 December 2008. Its implementation enabled traditional ACP suppliers of bananas to make progress in terms of:

  • competitiveness and adaptation to the needs of the European market and to EU standards and policies with the aim of sustainable economic development;
  • diversifying agricultural production and including it in the planning of the development of the country in a more integrated and strategic way.

However, the majority of these states remain vulnerable to external crises and must still overcome significant challenges to adapt to the constraints of world trade.

Communication from the Commission to the Council and the European Parliament –Special Framework of Assistance for traditional ACP Suppliers of Bananas (Council Regulation No 856/1999): Biennial Report from the Commission 2006 [COM(2006) 806 – Not published in the Official Journal].

Communication from the Commission to the Council and the European Parliament – Special Framework of Assistance for Traditional ACP Suppliers of Bananas (Council Regulation (EC) No 856/1999): Biennial Report from the Commission – 2004 [COM(2004) 823 final – Not published in the Official Journal].
The EU trade regime has not changed since the last report and measures have been taken as part of enlargement.

Communication from the Commission to the Council and the European Parliament of 23 December 2002 – Special Framework of Assistance for Traditional ACP Suppliers of Bananas (Council Regulation (EC) No 856/1999): Biennial Report from the Commission – 2002 [COM(2002) 763 final – Not published in the Official Journal].
In April 2001 the Community prepared a new regime in order to comply with WTO rules, putting an end to the “banana conflict” between the United States and the European Community. The amended regime is a compromise and contains major, phased changes to EU banana import arrangements:

  • the quota system should be replaced by a tariff-only system;
  • in the meantime, the EU market in bananas will continue to be managed through a quota system based on historical reference, which has also been discussed with the ACP countries.

In particular, the Commission notes that between 1999 and 2002 the amounts used to boost the productivity of banana plantations have declined, compared with those aimed at supporting diversification. These changes correspond to the Commission’s desire to improve the management of funds, in particular regarding transparency, security and identification of the various stakeholders’ responsibilities.

Communication from the Commission to the European Parliament of 7 February 2001 – Special Framework of Assistance for Traditional ACP Suppliers of Bananas (Council Regulation No 856/1999) – Biennial Report from the Commission 2000 [COM(2001) 67 final – Not published in the Official Journal].
Market conditions were difficult for the traditional ACP suppliers of bananas in 1999 and 2000. The market is dominated by cheaper bananas from Latin America. In addition, banana prices fell in 1999 and plummeted to an exceptional low in 2000. Furthermore, following the WTO’s unfavourable conclusions on the Commission’s import regimes in 1999, the Commission made significant changes to the import regime.

Mobility of young volunteers

Mobility of young volunteers

Outline of the Community (European Union) legislation about Mobility of young volunteers

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Education training youth sport > Youth

Mobility of young volunteers

Document or Iniciative

Council Recommendation of 20 November 2008 on the mobility of young volunteers across the European Union [Official Journal C 319 of 13.12.2008].

Summary

This recommendation establishes a framework of cooperation for Member States, based on which the cross-border mobility of young volunteers may be strengthened. It does so with due respect to the diversity of the national volunteering schemes.

The Council has defined cross-border voluntary activities as: “open to all young people, undertaken by their own free will in the general interest, for a sustained period, within a clear framework and in a country other than the country of residence, unpaid or with token payment and/or coverage of expenses”. Voluntary activities provide a non-formal educational and informal learning experience through which young people may develop their professional and social skills and competences. Thereby, these activities enhance their employability and active citizenship, while benefiting local communities and fostering social cohesion.

With this recommendation, the Council is encouraging Member States to strengthen cooperation among voluntary organisations and public authorities involved in organising voluntary activities, in order to promote the mobility of young volunteers within Europe. To this end, Member States should take action to:

  • promote the dissemination of information on national voluntary activities;
  • facilitate stakeholders’ access to information regarding cross-border voluntary activities and provide information on rights and opportunities thereof;
  • facilitate young volunteers’ access to cross-border voluntary activities, in particular by simplifying the procedures;
  • develop opportunities for cross-border voluntary activities through a flexible approach, taking into consideration such issues as hosting capacities, establishment of contacts among volunteers, use of European mobility mechanisms, mobility of youth workers and training of those active in youth work;
  • promote the development of intercultural competences and the learning of languages as means to facilitate cross-border mobility;
  • support the development of self-assessment tools with which voluntary organisations may guarantee the quality of their cross-border activities;
  • exchange information and cooperate with each other in order to assure the social and legal protection of volunteers;
  • promote the recognition of volunteers’ learning outcomes through the use of national and European level qualification instruments;
  • promote the participation of young people with fewer opportunities in cross-border voluntary activities.

The Commission is committed to support Member States’ actions relating to the above. It will do this through the EU cooperation framework in the youth field, the open method of coordination as well as the European Voluntary Service (EVS), as contained in the youth in action programme. The Commission will develop opportunities for voluntary organisations to exchange information and experience on cross-border cooperation. In addition, it will establish a European Youth Volunteer Portal to disseminate information to all stakeholders.

Background

The common objectives for young people’s voluntary activities and their implementation at national level were identified in the Resolution of 15 November 2004 on common objectives for voluntary activities of young people and in its implementing resolution of 16 November 2007. These also requested that Member States develop means to measures progress in practice. The 2007 resolution further requested the Commission to propose additional ways to promote and recognise young people’s voluntary activities.

Pricing and long-term management of water

Pricing and long-term management of water

Outline of the Community (European Union) legislation about Pricing and long-term management of water

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Water protection and management

Pricing and long-term management of water

Document or Iniciative

Communication from the Commission to the Council, European Parliament and Economic and Social Committee: Pricing and sustainable management of water resources [COM(2000) 477 – Not published in the Official Journal].

Summary

Water management is one of the European Commission’s environmental priorities. The framework directive on water sets out the guidelines for water policy in Europe for the decades ahead. It more especially promotes the use of pricing and taxation as an incentive for consumers to use water resources in a more sustainable manner and to recover the cost of water services per sector of the economy. It is with this in view that the Commission has prepared its communication on the pricing and sustainable management of water resources. Its aim is to enable a fruitful political debate to take place on this matter and to inform those concerned.

The Commission stresses that this communication should not be taken as solely advocating pricing in order to solve water-resource problems. However, this must be taken into due consideration and be combined with other instruments as part of drawing up of management plans for water resources at individual catchment-area level.

Water and water policy in Europe

The sustainability of water resources is threatened in several of Europe’s regions. By way of an illustration one may mention the salination of groundwater, the reduced flow in many water courses, and the diffuse pollution that can be attributed to agriculture.

This being the case, the use of economic instruments (taxes, duties, financial assistance, negotiable permits) has gained increasing importance and was fully legitimised in the United Nations’ Rio Declaration on the Environment and Development in 1992. The central environmental role to be played by economic instruments is also recognised at Community level. The Treaty considers that, in particular, the “polluter pays” principle is an underlying principle of European environmental policies. Furthermore the framework directive on water advocates a boosting of the part played by pricing in order to improve the sustainability of water resources.

The “water price” is defined as being “the unit or overall amount paid by users for all of the services that they receive in terms of water, including the environment” (example: wastewater treatment).

Water pricing policies in theory and in practice

In order to achieve the environmental aims and to include the major economic principles, water pricing policies must reflect the following costs:

  • Financial costs: direct costs embracing the costs of supply and administration, operation and maintenance, and also capital costs.
  • Environmental costs: cost of the waste caused by water use on the ecosystem, for example: salination or degradation of productive soils).
  • Resource costs: cost of resource depletion leading to the disappearance of certain options for other users.

Each user must bear the cost of consuming water. If pricing is to promote better water-resource use prices must be directly linked to the amount of water consumed and/or pollution produced.

There are major differences between the water pricing systems in the Member States. In the south European countries for example agriculture, which is a major water consumer, pays for its water at preferential rates (because of various subsidies). Recently pricing played an increasing part in the water policy in many Member Sates. In the countries which joined the European Union in 2004 water pricing is also expected to expand, mainly owing to the major cost of alignment with the Community patrimony.

The water pricing policy enables the pressure on water resources to be restricted and infrastructures to be maintained. Moreover, a harmonised approach to water pricing is needed in order to avoid any distortions in competition arising from uneven application of economic principles on the internal market.

Promoting water pricing policies enabling the sustainability of water management to be improved.

It is necessary, in order to map out a pricing policy, to be aware of the following factors:

  • The demand for water which, in agriculture, for example, is still not well understood. Measuring methods (meters, use of satellite scanning …) must be developed.
  • The elasticity of the demand for water as compared with its price.
  • The financial cost of water supplies.
  • The environmental cost of the resource. However, it is difficult to assess those costs.

It is relevant to incorporate a variable factor (quality, pollution) into pricing structures in order that these may genuinely provide an incentive.

For reasons of cost and political acceptability, the introduction of a new pricing system will have to be gradual. Moreover social-order considerations must be taken into account in water pricing, but must not take precedence where sustainable water resource management is under threat. Social back-up policies will be preferred to these. Systematic ex ante and ex post assessment of the effects on demand of any such pricing policies is needed.

The matter of scale is also to be considered. Financial costs are better assessed and managed at water-service distribution level, but in environmental terms it is that of water catchment area that is the most appropriate. This may cause difficulties in the case of cross-border catchment areas (for example the Rhine river basin): the cost must then be shared among the interested parties and the administrations in the various countries.

In order to ease the transition to incentive pricing, it might be necessary to adapt the existing institutional framework. It would, in particular, be necessary to ensure transparency (via information and communication policies and quality/price comparisons) and the involvement of the public in water pricing polices. Monitoring water prices in order to ensure that these reflect costs in an adequate manner must also take place.

The water pricing policies must be combined with other measures in order to solve the qualitative and quantitative water resource management problems. It must also ensure better synergy between water pricing policy and the other European Union’s policies: the common agricultural policy or the structural and cohesion policies must also provide incentives for better use of water. The European Commission’s framework research and technological development programme also has a key role to play in providing new economic assessment and analysis methodologies.

Implementation of the framework directive on water will provide the necessary impetus for formulating water-price policies based on the factors set out in this communication.

Intra-Community trade in and imports of bovine embryos

Intra-Community trade in and imports of bovine embryos

Outline of the Community (European Union) legislation about Intra-Community trade in and imports of bovine embryos

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Veterinary checks animal health rules food hygiene

Intra-Community trade in and imports of bovine embryos

Document or Iniciative

Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species [See amending act(s)].

Summary

The Directive lays down animal health conditions for trade between Member States in embryos of domestic cattle and imports from third countries.

Intra-Community trade in embryos is limited to those complying with conditions concerning conception, collection, processing, storage and certification. The embryos must be accompanied during transport by a health certificate certifying that they conform to this Directive.

The Directive envisages a system for approving the embryo collection and production teams in the Member States and in third countries. Each team is registered by the competent authority of the country concerned and receives a veterinary registration number.

The list of embryo collection and production teams and their veterinary registration number is regularly updated by the Member States. The latter then communicate the list to the other Member States and the public.

Imports of embryos from third countries are restricted to a list of authorised countries to be drawn up by a procedure provided for by Article 18 with regard to certain criteria (the health of the livestock, information on contagious diseases, prevention and combating animal diseases, the structure of veterinary services, the guarantees provided, etc.).

The Directive provides for safeguard and control measures in the country of collection and the country of destination.

REFERENCES

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 89/556/EEC

29.9.1989

1.1.1991

OJ L 302, 19.10.1989

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 90/425/EEC

26.7.1990

26.9.1990

OJ L 224, 18.8.1990

Directive 93/52/EEC

19.7.1993

31.12.1993

OJ L 175, 19.7.1993

Regulation (EC) No 806/2003

5.6.2003

OJ L 122, 16.5.2003

Directive 2008/73/EC

3.9.2008

1.1.2010

OJ L 219, 14.8.2008

The successive amendments and corrections to Directive 89/556/EEC have incorporated into the original text. This consolidated versionis for reference only.

RELATED ACTS

Commission Decision 2006/168/EC of 4 January 2006 establishing the animal health conditions and the veterinary certification requirements for imports into the Community of bovine embryos and repealing Decision 2005/217/EC [Official Journal L 57 of 28.2.2006].

Guidelines for trans-European telecommunications networks

Guidelines for trans-European telecommunications networks

Outline of the Community (European Union) legislation about Guidelines for trans-European telecommunications networks

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Regional policy > Management of regional policy > Trans-european networks

Guidelines for trans-European telecommunications networks

Document or Iniciative

Decision No 1336/97/EC of the European Parliament and of the Council of 17 June 1997 on a series of guidelines for trans-European telecommunications networks [Official Journal L 183 of 11.07.1997]. [See amending acts].

Summary

In this Decision, the European Parliament and the Council establish guidelines covering the objectives, priorities and broad lines of action proposed for trans-European networks. These guidelines set out the areas selected for projects of common interest and establish a procedure for the identification of specific projects of common interest in these areas.

The following priorities are established for the achievement of the objectives set out in point 1 above:

  • study and validation of technical and commercial feasibility, followed by the deployment of applications supporting the development of a European information society, in particular applications of collective interest;
  • study and validation of feasibility, followed by the deployment of applications contributing to economic and social cohesion, by improving access to information across the whole Union, building on European cultural diversity;
  • stimulation of trans-boundary interregional initiatives and of initiatives involving regions, in particular the less favoured ones, for the launch of trans-European telecommunications services and applications;
  • study and validation of feasibility, followed by the deployment of applications and services contributing to the strengthening of the internal market and job creation, in particular those offering to SMEs means to improve their competitiveness in the Community and at world level;
  • identification, study and validation of technical and commercial feasibility, followed by the deployment of trans-European generic services providing seamless access to all kinds of information, including in rural and peripheral areas, and interoperable with equivalent services at world level;
  • study and validation of the feasibility of new integrated broadband communication (IBC) networks, where required for such applications and services, and the promotion of such networks;
  • identification and removal of gaps and missing links for effective interconnection and interoperability of all components of telecommunications networks in Europe and at world level, with particular emphasis on IBC networks.

The broad lines of measures to be implemented for achieving the objectives defined in point 1 will cover:

  • identification of projects of common interest by the establishment of a work programme;
  • action aiming at increasing the awareness of citizens, economic operators and administrations about the benefits they can draw from the new advanced trans-European telecommunications services and applications;
  • action aiming at the stimulation of combined initiatives from users and providers for the launch of projects in the field of trans-European telecommunications networks, in particular IBC networks;
  • support, within the framework of the methods laid down by the Treaty, for action to study and validate the feasibility, followed by the deployment, of applications, in particular applications of collective interest, and encouragement of the establishment of public/private collaboration, in particular through partnerships;
  • stimulation of the supply and use of services and applications for SMEs and professional users;
  • promotion of the interconnectivity of networks, the interoperability of broadband services and applications and the infrastructure they require, in particular for multimedia applications, and interoperability between existing services and applications and their broadband counterparts.

The projects designated are eligible for Community support in accordance with the provisions of the Council Regulation laying down general rules for the granting of Community financial aid in the field of trans-European networks.

Member States shall take all measures required at national, regional or local level to facilitate and accelerate the implementation of the projects of common interest in accordance with Community rules.

The Commission shall report every three years on the application of this Decision to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.

Annex 1 to the Decision defines the three-layer model which is the most appropriate way of describing trans-European telecommunications networks:

  • The “applications” level caters for user needs, taking into account cultural and linguistic differences and, in particular, the accessibility requirements of disabled people. These applications also seek to cater for the specific needs of less developed or less populated regions.
    The areas concerned are the following: a) e-government and e-administration: (e.g. e-procurement activities, personal security, environment and tourism, business support for SMEs and participation in the democratic decision-making process); b) improved access to health services and improvements in the quality of care (e.g. networking of health care institutions, actions on disease prevention and health promotion); c) education and culture (e.g. new ways of presenting educational and cultural information, life-long learning and participation of older people and people with disabilities in the information society).
  • The “generic services” level provides common tools for the development and implementation of new applications based on interoperable standards.
    The areas concerned are the following: a) the mobile services (e.g. for the 2.5-3G mobile networks: guidance and navigation, security, invoicing, emergency services, health, teleworking, learning and culture); b) services in the public interest aimed at all aspects of security (e.g. networking of the national CERT systems).
  • The “interconnection and interoperability of networks” level promotes the interconnection, interoperability and security of networks underpinning the operation of specific public interest applications and services.

The Community is taking additional back-up and coordinating measures with a view to creating the appropriate environment for the realisation of these projects. The actions will contribute to programme awareness, and to consensus development centred on European, national, regional and local activities designed to stimulate and promote the new services and applications. They will necessitate consultation with European standardisation and planning bodies, involving essentially:

  • strategic studies on the formulation of target specifications and the transition towards their application, in order to help players in the sector to make sound economic investment decisions;
  • definition of means of accessing broadband networks;
  • establishment of common specifications based on European and world standards;
  • intensification of public and private partnerships (PPP);
  • coordination of these activities with related Community and national programmes.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 1336/97/EC 31.7.1997 OJ L of 11.7.1997
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Decision No 1375/2002/EC 19.8.2002 OJ L 200 of 30.7.2002

Motor vehicles with trailers: front underrun protection devices

Motor vehicles with trailers: front underrun protection devices

Outline of the Community (European Union) legislation about Motor vehicles with trailers: front underrun protection devices

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Motor vehicles > Technical implications of road safety

Motor vehicles with trailers: front underrun protection devices (until 2014)

To improve the protection of the occupants of passenger cars and light vans from injury in the event of a head-on collision with heavy goods vehicles.

2) Document or Iniciative

Directive 2000/40/EC of the European Parliament and the Council of 26 June 2000 on the approximation of the laws of the Member States relating to the front underrun protection of motor vehicles and amending Directive 70/156/EEC of the Council [Official Journal L 203 of 10.08.2000].

3) Summary

The Community has acceded to the United Nations Economic Commission for Europe Agreement concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts. Through its accession to the Agreement, the Community subscribed to a defined list of Regulations, including Regulation No 93 concerning front underrun protective devices for commercial vehicles having a mass exceeding 3.5 tonnes.

In order to reduce the number of European road accident casualties, the Commission proposes the introduction of the measures established by that Regulation into the EC type-approval procedure set up by Council Directive 70/156/EEC.

A front underrun protective device is defined as “a front underrun protective device which is intended to be part of a vehicle and which can be approved as a separate technical unit in accordance with Directive 70/156/EEC”.

Member States may not refuse to grant type-approval (EC or national), or prohibit the registration, sale or entry into service of vehicles on grounds relating to their front underrun protection if it complies with the technical requirements of the Directive.

Member States may no longer grant type-approval (EC or national) and must prohibit the registration, sale or entry into service of vehicles on grounds relating to their front underrun protection if it does not comply with the technical requirements of the Directive.

Applications for EC type-approval must be submitted by the manufacturer of the front underrun protective device, using the model information document in the Annex to the Directive as a basis. A representative sample of the type of device to be approved must be submitted to the technical service responsible for conducting the type-approval tests.

The technical requirements which have to be complied with in order to obtain a type-approval in accordance with the Directive are those set out in United Nations Economic Commission for Europe Regulation 93.

Act Date of entry into force Deadline for implementation in the Member States
Directive 2000/40/EC 10.08.2000 10.08.2001

4) Implementing Measures

5) Follow-Up Work

Regulation No 93 of the Economic Commission for Europe of the United Nations (UN/ECE) – Uniform provisions concerning the approval of front underrun protective devices (FUPDs), vehicles with regard to the installation of an FUPD of an approved type, and vehicles with regard to their front underrun protection (FUP) [Official Journal L 032 of 01.02.2002].