Author Archives: Lucas Smith

Exemption for certain agreements between liner shipping companies

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Exemption for certain agreements between liner shipping companies

Outline of the Community (European Union) legislation about Exemption for certain agreements between liner shipping companies

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Competition > Rules applicable to specific sectors > Competition in transport

Exemption for certain agreements between liner shipping companies (“consortia”)

Document or Iniciative

Commission Regulation (EC) No 906/2009 of 28 September 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia).

Summary

This regulation applies to consortia * providing international liner shipping * services from or to one or more ports within the European Union (EU).

Exempted agreements

In accordance with Article 101(3) of the Treaty on the Functioning of the European Union (TFEU) (formerly Article 81(3) of the Treaty establishing the European Community (TEC)), Article 101(1) TFEU (formerly Article 81(1) TEC) is not applicable to the following activities of a consortium:

  • the joint operation of liner shipping services;
  • capacity adjustments in response to supply and demand fluctuations;
  • the joint operation or use of port terminals;
  • any other activity ancillary to those listed above, which is necessary for their implementation, such as:
    1. the use of a computerised data exchange system;
    2. an obligation on members of a consortium to limit use in the relevant market or markets to vessels allocated to the consortium;
    3. an obligation on members of a consortium not to assign or charter space to other vessel-operating carriers in the relevant market or markets except with the prior consent of the other members of the consortium.

Hardcore restrictions

The exemption above does not apply to a consortium that, directly or indirectly, alone or together with other factors under the control of the parties, has the object to:

  • fix prices when selling liner shipping services to third parties outside the consortium;
  • limit the capacity or sales except for the previously mentioned exempted capacity adjustments;
  • allocate markets or customers.

Conditions for exemption

To qualify for the exemption, the combined market share of the consortium members in the relevant market in which the consortium operates must not exceed 30 %, calculated by reference to the total volume of goods carried by the members within or outside the consortium. 5. To qualify for the exemption, members of the consortium must have the right to withdraw, subject to a maximum period of notice of six months, without any penalty, financial or otherwise. In the case of a highly integrated consortium, the maximum period of notice can be extended to 12 months.

Background

This regulation builds on Regulation (EC) No 823/2000 which expired on 25 April 2010. Although the justifications for a block exemption for liner consortia are still valid, Regulation 906/2009 ensures a greater convergence with other existing block exemption regulations for horizontal cooperation whilst taking into account current market practices in the liner industry.

Key terms used in the act
  • Consortium: an agreement or a set of interrelated agreements between two or more vessel-operating carriers which provide joint international liner shipping services exclusively for the carriage of cargo relating to one or more trades.
  • Liner shipping: the transport of goods on a regular basis on a particular route or routes between ports and in accordance with timetables and sailing dates advertised in advance and available, even on an occasional basis, to any transport user against payment.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 906/2009

26.4.2010 – 25.4.2015

–

OJ L 256 of 29.9.2009

Regional strategy for Asia 2007-2013

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Regional strategy for Asia 2007-2013

Outline of the Community (European Union) legislation about Regional strategy for Asia 2007-2013

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External relations > Relations with third countries > Asia

Regional strategy for Asia 2007-2013

Document or Iniciative

European Commission – Regional Strategy Paper 2007-2013 for Asia .

Summary

The Regional Strategy Paper (RSP) defines the objectives and the priorities of the cooperation between the European Union (EU) and Asia for the period 2007-2013. Asia covers Afghanistan, Bangladesh, Bhutan, Cambodia, China, India, Indonesia, North Korea, Laos, Malaysia, Maldives, Mongolia, Myanmar, Nepal, Pakistan, Philippines, Sri Lanka, Thailand and Vietnam.

Challenges faced by Asia

At political level, Asia, which is marked by the emergence of China and India, has multiple systems of governance. It faces a large number of challenges in the fields of security, nuclear proliferation, democratisation, respect for human rights, unemployment and health, fragile situations (Afghanistan, Pakistan, Sri Lanka and Nepal), large refugee and migratory flows, labour standards, natural disasters and protection of the environment.

In the past twenty years, Asia has experienced strong economic growth, attributable to increased openness and major economic reforms. It is now the EU’s largest trading partner, most of the countries are members of the World Trade Organisation (WTO), civil society is sophisticated and a dynamic business class is emerging. However, despite this progress, the rise in socio-economic indicators has led to income disparities, employment creation has declined in many countries, the benefits of growth are unequally distributed and the institutional weaknesses, natural disasters and weakness of the infrastructures continue to hamper development.

Social protection is poor in Asia; child labour, the situation of women and poverty remain major challenges to be faced, as too are maternal mortality, child malnutrition, the violation of human rights, social protection, the increase in communicable diseases, health threats, gender imbalance, discrimination, etc. Southern Asia has made progress towards achieving the millennium development goals (MDG), in contrast to East Asia, which is developing less rapidly.

Asia is geographically very diverse. However, the environment is suffering from demographic pressures, rapid economic growth, industrialisation, inadequate legislation and investments, and poorly enforced protection measures which lead to unsustainable use of natural resources. In addition, climate change is likely to compound the geological and climatic instability.

Priority areas of the regional strategy 2007-2013

The main priority of the strategy is to encourage cooperation and regional integration. To achieve this, the EU supports work and dialogue with the Asia-Europe Meeting (ASEM), the Asia-Europe Foundation (ASEF), the Trans-Eurasia Information Network (TEIN), the South Asian Association for Regional Cooperation (SAARC), the South Asian Free Trade Area (SAFTA) and the Association of South-East Asian Nations (ASEAN).

The second priority encourages cooperation based on policy and know-how in the fields of the environment, education and health. It aims to promote sustainable consumption and production and trade in environmental goods and services and to support Forest Law Enforcement, Governance and Trade (FLEGT). It also places emphasis on the promotion of equal opportunities and the values of democracy, the rule of law, respect for human rights and fundamental freedoms. Finally, it supports the region in the control of avian flu and highly pathogenic and emerging diseases, and intends to introduce cross-border health cooperation.

The objective of the third priority is to support uprooted people in Asia by assisting them to return and settle in their country of origin or in a third country. This support establishes links between relief, reintegration and development aimed at filling the gap between emergency relief for refugees and longer-term relief. The activities are coordinated with ECHO, with due regard for operations established in the context of the country programmes. Local partnerships and development capacities will gradually be built up.

Certain cross-cutting issues (human rights, democracy, governance, etc.) will be addressed at regional level and streamlined throughout the programme, as appropriate.

Terms and conditions

For 2007-2013, the budget for Asia amounts to EUR 5.187 billion, of which 81 % is allocated to country development assistance, 16 % to regional assistance and 3 % as a reserve. The present RSP consists of a regional multiannual indicative programme (MIP), which is the programming document for the assistance, based on actions designed to achieve the priorities identified in the RSP. The first MIP has been drawn up for the period 2007-2010 (EUR 400 million); a second MIP will be drawn up for the period 2011-2013 (EUR 375 million). The RSP is complementary to country strategy papers drawn up for each country of Asia and the RSP for Central Asia . The financing instrument for development cooperation (DCI) is the main framework for financing the assistance granted under the present RSP.

The activities receiving support are the following: programmes, contacts, meetings, promotion activities, dialogue, exchange of best practices, expert meetings, regional and triangular cooperation, seminars, conferences, workshops, research, twinning, gatherings, studies, training, study trips, university exchange programmes and harmonisation of standards and legislation. Other activities will also be defined at the identification stage.

Success indicators are defined to measure the impact of the activities carried out. They spell out the objective sought by the intervention, the result and the advantages expected for the target groups, the direct effects and the activities to be carried out to achieve the expected goals. The results of these activities will be measured qualitatively and quantitatively, not only by the indicators but also by the verification criteria and other implementation mechanisms. The implementation of all the programmes will be supervised and monitored. A mid-term review of the entire programme is scheduled (2009).

Background

The cooperation between the two regions is based on the “Europe and Asia” Communication and the European Consensus on Development, which set the eradication of poverty as a prime objective. The present RSP in this way ensures continuity of the priorities, results and experience, based on the previous RSP 2005-2006 .


 

Protection of chickens kept for meat production

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Protection of chickens kept for meat production

Outline of the Community (European Union) legislation about Protection of chickens kept for meat production

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Food safety > Animal welfare

Protection of chickens kept for meat production

Document or Iniciative

Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production

Summary

This Directive lays down a number of minimum requirements for holdings that rear chickens for meat production. Those requirements are designed to protect the welfare of the chickens, particularly those kept on high-density farms, and to eliminate distortions of competition in the sector.

Scope

This Directive applies to holdings that rear chickens for meat production (broiler chickens). It does not apply to holdings with fewer than 500 chickens or to holdings with only breeding stocks of chickens.

Rules that apply to all holdings

The poultry houses in which the chickens are kept must allow all chickens adequate access to a litter tray, a drinking channel and food. The buildings must have adequate lighting and ventilation, and should be inspected at least twice a day. Any chickens that are seriously injured or in poor health must be treated or immediately culled. Most surgical procedures performed for purposes other than medical treatment are prohibited. However, beak trimming and castration may be permitted in certain cases. Furthermore, the producer must keep a detailed record of the chickens reared, the conditions in which they are kept, their state of health, the mortality rate and any medical treatments administered.

The competent authorities must implement measures for monitoring and follow?up at the abattoir. If the post-mortem inspection reveals possible indications of poor welfare conditions, the holding and the competent authorities must take the appropriate measures.

Rules that apply to high-density holdings

The stocking density should not exceed 33 kg/m2. However, a higher stocking density (up to a maximum of 42 kg/m2) may be authorised if the producer meets additional criteria.

In addition to the rules that apply to all holdings, owners of high-density holdings must supply the competent authorities with specific documentation containing technical details relating to the holding and its equipment. Furthermore, holdings must be equipped with ventilation, heating and cooling systems to maintain the appropriate temperature, humidity and CO2 and NH3 concentrations.

Staff training

Farmers must follow training courses on the following subjects:

  • the characteristics of holdings and stocking density;
  • animal physiology;
  • handling chickens and administering emergency care;
  • preventive biosecurity.

Committee procedure

The Commission is assisted by the Standing Committee on the Food Chain and Animal Health in implementing this Directive.

Background

Before the entry into force of this Directive, the welfare of chickens kept for meat production was not covered by any specific Community legislation, except the general requirements of Council Directive 98/58/EC concerning the protection of animals kept for farming purposes. The Directive was proposed following a report drawn up in 2001 by the Scientific Committee on Animal Health and Animal Welfare , which concluded that the level of animal health and animal welfare was not satisfactory.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2007/43/EC

1.8.2007

30.6.2010

OJ L 182, 12.7.2007

The Court of Justice

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The Court of Justice

Outline of the Community (European Union) legislation about The Court of Justice

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

The Court of Justice

Conferring greater democratic legitimacy on the European institutions is one of the chief aims of the reform of the European Union. The role of the Court of Justice is important in this context since it has the task of ensuring that the law is observed in the interpretation and application of the Treaties, an essential requirement if the European Union is to work along democratic lines.

The Court’s powers have been widened by the Treaty of Amsterdam. It now has jurisdiction in areas that previously lay outside its field of competence, but where there is an urgent need to protect individual rights:

  • fundamental rights;
  • asylum, immigration, free movement of persons and judicial cooperation in civil matters;
  • police and judicial cooperation in criminal matters.

FUNDAMENTAL RIGHTS

Article 46 (ex Article L) of the EU Treaty has been amended to extend the powers of the Court of Justice to cover Article 6(2) (ex Article F.2) of the Treaty, as far as action by the European institutions is concerned.

Article 6 requires the Union to respect fundamental rights, as guaranteed by the European Convention on Human Rights. The amendment is important since it formally gives the Court the power to rule on how the Convention is being applied by the Community institutions. This should spur the Court to greater vigilance.

ASYLUM, IMMIGRATION, FREE MOVEMENT OF PERSONS AND JUDICIAL COOPERATION IN CIVIL MATTERS

A new Title (“Visas, asylum, immigration and other policies related to free movement of persons”) has been inserted in the EC Treaty. The Treaty already contained provisions relating to visas (ex Article 100c, which has been repealed). The main changes therefore relate to the new Community framework for questions regarding asylum, immigration, free movement of persons, and judicial cooperation in civil matters.

Under Article 68 the Court now has jurisdiction in the following cases:

  • a national court against whose decisions there is no judicial remedy under national law may ask the Court of Justice to give a ruling on a question concerning the interpretation of the new Title or the validity or interpretation of Community acts based on it, if a ruling by the Court is necessary so that the national court can give judgment;
  • the Council, the Commission or a Member State may request the Court of Justice to give a ruling on a question of interpretation of the Title or Community acts based on it.

POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS

Title VI of the EU Treaty has been renamed “Provisions on police and judicial cooperation in criminal matters”.

Article 35 (ex Article K.7) lays down two restrictions on the Court’s powers to rule on matters covered by Title VI:

  • preliminary rulings apply only to those Member States which have made a declaration accepting the jurisdiction of the Court (paragraph 2);
  • actions for annulment may be brought only by Member States or the Commission (paragraph 6).

The Court also has jurisdiction to rule on any dispute between Member States over the interpretation or application of the measures adopted and on any dispute between Member States and the Commission about the interpretation or application of conventions established under the third pillar.

European Water Facility for the ACP countries

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European Water Facility for the ACP countries

Outline of the Community (European Union) legislation about European Water Facility for the ACP countries

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Development > African Caribbean and Pacific states (ACP)

European Water Facility for the ACP countries

Document or Iniciative

Communication of 26 January 2004 from the Commission to the Council and the European Parliament on the future development of the EU Water Initiative and the modalities for the establishment of a Water Facility for ACP countries [COM(2004) 43 final – Not published in the Official Journal].

Summary

A WATER FACILITY FOR ACP COUNTRIES

The Water Facility for African, Caribbean and Pacific (ACP) countries, is intended to serve as a catalyst by supporting development and reform of the relevant sectoral policies and through flexible and innovative methods of financing water supply and sanitation projects and programmes.

Basic principles

The Facility is based on three key principles:

  • Governance: The Water Facility is to concentrate its activities on ACP countries which have a sound national water policy or which are strongly committed to developing one, and on countries that prioritise spending on social sectors. It will help those countries to establish the institutional and regulatory framework necessary to attract additional financial resources;
  • Ownership: The facility is entirely demand-driven. It will be an instrument for supporting and deepening the involvement of ACP actors in the design and implementation of water policies;
  • Innovation and flexibility: In order to achieve maximum impact a creative combination of grants and other sources are envisaged to fund basic infrastructure. The proposed grants could constitute the necessary seed capital to get projects off the ground and be a tool in forging the public-private partnerships needed to increase funding.

Activities funded

The Water Facility will mainly fund two types of activity: improving water management and governance, and cofinancing drinking water and sanitation infrastructure.

The activities relating to improved water management and governance are:

  • institution building and support for reforming the sector;
  • integrated management of water resources at national level and at that of ACP river basins.

For the second category of activities the Water Facility uses flexible and innovative methods to finance water and sanitation projects and programmes for low-income users and socially disadvantaged areas.

Management of the Facility

The organisational structure for the management of the Water Facility has been set up within the European Commission, staffed with EU officials. The officials on this team are responsible for establishing implementing procedures for the facility.

However, in the preparation and implementation of projects to be financed, maximum use should be made of the expertise available outside the Commission, in particular through expert groups and collaboration with the European Investment Bank and other development finance institutes, and, where appropriate, the private sector and non-governmental organisations (NGOs).

The projects are selected on the basis of a call for proposals open to most of the state and non-state actors concerned in the ACP and EU countries. Proposals are selected on the basis of criteria defined by the European Commission in the call for proposals, which must be consistent with the general objectives of sustainable development and the EU’s water management policy in the developing countries and with the integrated river basin water management programmes, and take account of factors such as the implementing capacity of the partners and the maturity of the project.

THE FUTURE OF THE EU WATER INITIATIVE

The Communication also assesses the outlook for the EU Water Initiative launched during the World Summit on Sustainable Development.

It finds that the Initiative has made considerable progress, noting that the drinking water and sanitation objectives will have to be achieved within the framework of integrated management of the river basins.

The Initiative concentrates on Africa, the countries of Eastern Europe, the Caucasus and Central Asia, the Mediterranean and Latin America.

The Commission considers that the progress made is not sufficient to meet the Millennium Development Goals without a significant increase in financing and improved mechanisms to help development aid attract other resources (private sector, development banks); the creation of a European Water Facility will serve both these purposes.

BACKGROUND

The Communication follows up on the EU Water Initiative launched at the World Summit on Sustainable Development in Johannesburg in September 2002. The summit confirmed the objective, set in the context of the Millennium Development Goals, of halving the number of people in the world who do not have access to drinking water or basic sanitation by 2015.

Unsafe water causes more deaths than war does. More than 1 100 million people in the world have no access to drinking water, and 2 400 million do not have access to adequate sanitation. In Africa more than 40 % of the population is without drinking water, and even more lack appropriate sanitation services.

Related Acts

Decision No 7/2005

of the ACP-EC Council of Ministers of 22 November 2005 concerning the use of a second allocation of EUR 250 million from the conditional EUR 1 billion under the ninth EDF to be used for the second instalment of the ACP-EU Water Facility [Official Journal L 48 of 18.2.2006].
The Decision officially authorises allocation of a second tranche of EUR 250 million to the ACP-EU Water Facility.


Decision 2004/632/EC

of the ACP-EC Council of Ministers of 6 May 2004 on the use of the reserve of the long-term development envelope as well as resources from the Investment Facility of the ninth European Development Fund for the establishment of an ACP-EU Water Facility [Official Journal L 289 of 10.9.2004].
The Decision officially authorises allocation of a first tranche of EUR 250 million to the ACP-EU Water Facility and provides for the release of a further EUR 250 million.

Council Decision of 26 April 2004 on the position to be adopted by the Community in the ACP-EC Council of Ministers concerning a Decision on the use of the reserve of the long-term development envelope as well as resources from the Investment Facility of the ninth European Development Fund (EDF) for the establishment of an ACP-EU Water Facility [Not published in the Official Journal].
The Council provides that the reserve of the long-term development envelope as well as resources from the Investment Facility of the ninth EDF are to be used for the establishment of the ACP-EU Water Facility.

Council Decision 2004/289/EC of 22 March 2004 concerning the partial release of the conditional amount of EUR 1 billion under the ninth European Development Fund for cooperation with African, Caribbean and Pacific countries in order to establish a Water Facility [Official Journal L 94, 31.03.2004].
In this Decision the Council agrees to establish the Water Facility for ACP countries. In accordance with the provisions of the Financial Protocol to the ACP-EC Partnership Agreement, the Council notes that the level of commitments and disbursements at the end of 2003 in conjunction with forecasts for the period 2004 to 2007 allows the release of EUR 500 million from the ninth EDF out of the budget of EUR 1000 million for the establishment of the Water Facility. The Council approves the release an initial tranche of EUR 250 million. Decisions will be taken later on the remaining sum.

EU Youth Strategy

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EU Youth Strategy

Outline of the Community (European Union) legislation about EU Youth Strategy

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Education training youth sport > Youth

EU Youth Strategy

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 27 April 2009 – An EU Strategy for Youth: Investing and Empowering – A renewed open method of coordination to address youth challenges and opportunities [COM(2009) 200 final – Not published in the Official Journal].

Summary

The communication provides a strategy for future youth policies. It seeks to establish a cross-sectoral approach to empower young people in Europe to face a number of current challenges, in particular regarding education, employment, social inclusion and health. Young people should be given the resources and opportunities to achieve autonomy.

The current framework of cooperation, which will expire in 2009, has introduced a youth dimension in other policy fields as well as served to influence national policy-making. Nevertheless, the framework needs to be developed further, both in terms of its coordination and its impact on other policy areas. The scope of the framework also needs to be enlarged to reach young people with fewer opportunities.

The EU’s vision for young people is based on two approaches: investing in and empowering youth. The proposed new strategy pays particular attention to youth with fewer opportunities. Collaboration between youth and other policy areas, as well as collaborative policy-making through the renewed open method of coordination (OMC) will be improved. In the context of the latter, young people will also be able to express themselves in a structured dialogue.

The new long-term strategy consists of three overarching and interconnected aims that are closely associated with those of the renewed social agenda, with several fields of action proposed under each aim. Each field of action consists of a short-term objective and specific actions to be undertaken by Member States and the Commission, based on their respective spheres of competence. These will be assessed every three years.

Under the aim of creating more education and employment opportunities for young people, the following fields of action are proposed:

  • education: non-formal education should be better integrated to complement formal education, its quality should be developed and outcomes recognised;
  • employment: to facilitate the transition of young people from school, inactivity or unemployment to work, national and European employment policy actions should respect the principles of flexicurity. Moreover, education should aim to provide the skills demanded by the labour market;
  • creativity and entrepreneurship: the development of talent, creative skills, entrepreneurial mindsets and cultural expressions should be promoted among young people.

The following fields of action are proposed under the aim of improving young people’s access and full participation in society:

  • health and sport: to prevent and treat obesity, injury, addictions and substance abuse, promote the adoption of healthy lifestyles among young people and encourage collaboration between youth workers, health professionals and sporting organisations;
  • participation: to increase young people’s participation in the civic life of their communities as well as in representative democracy, provide support to youth organisations, encourage the participation of non-organised youth and provide better information services for young people.

The aim of fostering mutual solidarity between young people and society incorporates the following fields of action:

  • social inclusion: to prevent the social exclusion of young people, the relevant actors such as parents, teachers as well as social and youth workers should be mobilised;
  • volunteering: to support volunteering by young people, more opportunities, including cross-border, should be developed, obstacles removed and recognition of the value of non-formal education enhanced;
  • youth and the world: the existing youth networks and tools should be used to involve young people in global policy-making.

Youth work can provide an added value to the fight against unemployment, school failure and social exclusion. More support and recognition should thus be given to youth work, which should also become increasingly professional. To achieve this, Member States and the Commission are invited to promote the financing and quality of youth work, as well as the skills and mobility of youth workers. The Commission is committed to further examining the economic and social contribution of youth work.

For the new integrated cooperation framework in the field of youth, cross-sectoral policy approaches need to be developed at all levels. For the monitoring of its implementation, permanent and regular dialogue should be established at the EU level and between Member States and young people. With a view to improving policy-making, peer-learning exercises in the form of high-level seminars for political cooperation and clusters for technical expertise are proposed, which would also see the involvement of relevant stakeholders. Policy-making should also be evidence-based. To this end, current tools to acquire knowledge of the youth field should be used and further developed. The Commission also proposes to further develop other evidence-seeking instruments, such as studies and Eurobarometer surveys. Furthermore, existing EU programmes and funds, most notably the Youth-in-Action programme, should be used to support youth policy and to provide opportunities for young people, and measures should be taken to ensure the widespread availability of information about these opportunities.

Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas

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Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas

Outline of the Community (European Union) legislation about Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas

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Transport > Waterborne transport

Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas

Document or Iniciative

Council Directive 87/540/EEC of 9 November 1987 on access to the occupation of carrier of goods by waterway in national and international transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation [Official Journal L 322 of 12 November 1987].

Summary

Organisation of the transport market is necessary for the implementation of a common transport policy. Therefore, the measures intended to coordinate the conditions for access to the occupation of carrier are directed towards market integration, in the interest of users, carriers and the economy as a whole. This Directive is also likely to encourage the achievement of the free provision of services and the effective exercise of the right of establishment.

At the same time, the Directive allows for a degree of flexibility by allowing Member States to maintain or lay down rules governing the good repute and financial standing of the carrier. Carriers operating exclusively on navigable waterways on their territory not linked to the waterway network of another Member State may also be exempted from the Directive.

The Directive is based on the principle of mutual recognition of diplomas, certificates and other evidence of formal qualifications.

Scope

Access to the occupation of carrier of goods by waterway is governed by the Member States within the framework of the common rules as laid down in this Directive. The Directive does not apply to natural persons or undertakings pursuing the occupation of carrier of goods by waterway using vessels with a deadweight capacity at maximum draft not exceeding 200 tonnes. However, Member States may lower this limit for all or some transport operations or certain categories of transport.

Access to the occupation

Natural persons and undertakings must meet the condition of professional competence, which means possessing the competences recognised by the authority or body appointed to this end by each Member State in the areas listed in the annex. The authority will issue a certificate once it has verified possession of these competences (on the basis of a diploma, attendance at a course or sufficient practical experience). If the carrier no longer meets the conditions, the certificate may be withdrawn.

Key terms used in the act
Occupation of carrier of goods by waterway vessel: the activities engaged in by any natural person or any undertaking carrying goods by inland waterway for hire or reward, even if this occupation is not exercised on a regular basis,
Undertaking: companies or firms within the meaning of Article 58 of the Treaty and groups or cooperatives of operators whose purpose is to obtain business from shipping agents for distribution among their members, irrespective of whether such groups or cooperatives possess legal personality.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 87/540/EEC 30.6.1988 30.6.1988 OJ L 322 of 12.11.1987

PETRA II

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PETRA II

Outline of the Community (European Union) legislation about PETRA II

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

Education training youth sport > Vocational training

PETRA II

1) Objective

To raise the status of vocational education and initial training, and to stimulate exchanges of experience between Member States and transnational cooperation between training bodies. To extend the PETRA programme until 31 December 1994.

2) Community Measures

Council Decision 91/387/EEC of 22 July 1991 amending Decision 87/569/EEC concerning an action programme for the vocational training of young people and their preparation for adult and working life (PETRA).

3) Contents

The programme is adopted for a three-year period from 1 January 1992. Its aim is to support and supplement, through measures at Community level, the policies of the Member States, which are seeking to ensure that all young people who so wish receive two or more years’ vocational training in addition to their compulsory full-time education, leading to a recognized vocational qualification.

The programme is intended in particular to:

  • raise the quality of vocational and technical education and initial training;
  • encourage and diversify vocational-training provision;
  • add a Community dimension to vocational qualifications;
  • stimulate cooperation and the development of training partnerships transnationally and within each Member State;
  • allow the following young people to benefit from periods of training or work experience in other Member States: young people receiving technical and vocational education, young job-seekers, young workers, young unemployed people.

Support for transnational cooperation, including specific assistance for initiatives involving young people in planning, organizing and implementing activities. Such cooperation is above all intended to promote within the Community:

  • vocational training or work experience placements in another Member State; these must lead to a certificate and form a recognized part of the young person’s training course;
  • joint development of initial vocational training modules compatible with national training systems;
  • joint training of instructors working in initial vocational training.

Support for measures aimed at introducing a Community dimension into the processes and systems of vocational information and guidance, by:

  • supporting national contact points or centres to create a network for the exchange of guidance data and to explore effective means of transferring up-to-date guidance information throughout the Community:
  • standardizing the content of training programmes and supporting supplementary training for vocational guidance specialists and advisers on the European aspects of guidance.

Technical assistance, as necessary, in the implementation of the programme; comparative studies on vocational education and training issues, including surveys on the effectiveness of youth training programmes, and review of the evolution of vocational qualifications.

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

Not applicable.

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

6) References

Official Journal L 214, 02.08.1991

7) Follow-Up Work

Commission report on the implementation of the PETRA programme in accordance with Article 8 of Decision 91/387/EEC (COM(93) 704 final).

The Community provided aid amounting to ECU 104.2 million for the period 1992-94. Community action under PETRA to attain the objectives set out in the Decision and to support Member States’ activities can be classified in the categories of Action I, II, III and additional measures.

Under Action I, i.e. support for vocational training placements or training periods in a company in another Member State for young people undergoing initial vocational training, young workers, young job-seekers and young people receiving advanced vocational training, from 1992-94 involved 36 000 young people.

For Action II, entailing support for activities of transnational cooperation to carry out joint innovatory training projects between several Member States, including youth initiative projects, within the European Network of Training Partnerships, an estimated 100 000 young people and 20 000 teachers and instructors participated directly in the network between 1992 and 1994. In all, the programme also supported over 900 youth initiative projects. A total of 25 000 young people have now been directly involved in the youth initiative projects since 1988.

Under Action III of the PETRA programme concerning support for national systems to promote the exchange of information on vocational guidance, a Community network of resource centres in the Member States was set up, and the training of guidance counsellors in the Community dimension of guidance commenced; 27 resource centres now cooperate throughout the European Union.

As for additional measures on support for the dissemination of the results of the programme, transnational cooperation on research into the vocational training of young people, technical assistance at Community and national level for the implementation, coordination and assessment of the programme, the programme has, since 1988, been present in over 200 major information events in the Community or nationally. PETRA has provided its support to national research partnerships involving over 70 research centres designated by the national authorities.

Theme-based research has been conducted on issues such as the legal and administrative obstacles to transnational training and work experience placements, the accreditation of these placements, and the access of young people to vocational training.

Commission final report of 22 July 1997 on the implementation of the PETRA programme [COM(97) 385 final, not published in the Official Journal].

This report takes stock of the development of the PETRA programme (1988-94, with a total budget of ECU 150 million over the whole period).

The PETRA programme’s twin achievements were: carrying out of numerous studies and the establishment of networks.

Five types of network have been set up:

  • the network of National Coordination Units (NCUs) dealing with placements (between 1992 and 1994, 33 719 young people benefited from the scheme);
  • other placement-related networks (e.g. the informal network of organisers of work experience placements);
  • European Network of Training Partnerships (ENTP);
  • networks associated with vocational guidance activities (guidance counsellors);
  • research networks.

The first major objective of the PETRA programme was to foster young people’s involvement in vocational training programmes by supporting and supplementing the Member States’ policies. Among the wide-ranging reforms introduced by Member States into their national systems, the following are particularly noteworthy:

  • fixing quantitative targets for participation in initial vocational training: for example, the Danish “Education and Training for all” plan is geared to ensuring that, in the year 2000, 95% of young people will be engaged in an education programme;
  • establishment of an entitlement or right to take part in vocational training: for example, in France, a 1990 Law establishes the right to a qualification for all workers in the form of a “crédit formation” (training entitlement);
  • extending the provision of initial vocational training: for example, in Greece, the number of programmes rose by 50.8% in four years;
  • raising the status and attractiveness of vocational training: for example, an initiative was launched in Germany in 1991 offering special support to particularly gifted young people in vocational training, with the aim of placing vocational education on a par with post-compulsory general education;
  • introduction of a Community dimension within vocational guidance services;
  • promoting equal opportunities for young men and women: for example, Denmark is devising training courses tailored specifically for unskilled women;
  • priority treatment for disadvantaged persons: for example, in France, “solidarity employment contracts” were created in 1990 for young people between the ages of 18 and 25 who have difficulty in finding employment.

The national reforms are also concerned with raising the quality of vocational training and adapting it to changing needs. In Portugal, a new type of vocational school has been set up (“Escolas Profissionais”), where the old technical/vocational courses are being replaced by training in the new technologies.

  • promoting creativity, initiative and entrepreneurial spirit in young people, by emphasising, as in Germany, personal development, motivation, responsibility and acquisition of key skills;
  • major efforts to train teachers and instructors: Belgium places great emphasis on this aspect;
  • certification of qualifications: for example, Luxembourg has introduced two levels of certification to increase the success rate in initial training;
  • strengthening of links between training establishments and industry: for example, the United Kingdom has launched two apprenticeship initiatives offering young people a work-based route to skills at craft, technician and junior management level;
  • more active involvement of the social partners in defining national training needs, so as to enhance the effectiveness of programmes;
  • making vocational training more responsive to local and regional requirements.

Most of the Member States have made use of the opportunities afforded by the PETRA programme to introduce or reinforce the Community dimension in their initial training systems. Transnational mobility is seen as a vital element, as is, to a lesser extent, the improvement of vocational language skills.

The ongoing major objectives of the PETRA programme are:

  • to reduce the number of young people who enter the labour market without a basic qualification;
  • to increase the attractiveness of vocational training;
  • to introduce a practical Community dimension into initial vocational training;
  • to develop key skills through initial vocational training;
  • to reinforce vocational guidance and to incorporate a European dimension;
  • to disseminate innovation in initial vocational training within and between the Member States.

These objectives are pursued under the Leonardo da Vinci programme, which brings together all the activities relating to initial or continuing vocational training.

8) Commission Implementing Measures

Transport, energy and the environment

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Transport, energy and the environment

Outline of the Community (European Union) legislation about Transport, energy and the environment

Topics

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

Transport > Transport energy and the environment

Transport, energy and the environment

Transport is the source of nearly a third of the European Union’s total greenhouse gas emissions. Their reduction, particularly in the context of the Kyoto Protocol, requires research and the introduction of alternative solutions, specifically in the road transport sector. The Union has thus defined a policy to promote biofuels and the reduction of emissions in road and air transport. Shipping also presents the problem of marine pollution. The Union intervenes to limit pollution caused by vessels, as well as to penalise malicious conduct.

PROTECTION AND THE ENVIRONMENT

  • Clean and energy-efficient road transport vehicles
  • The Transport Protocol of the Alpine Convention
  • Transport and the environment
  • Integrating the environment into aerial transport
  • Aviation and climate change
  • Noise management at EU airports
  • Internalisation of external transport costs

BIOFUELS AND EMISSIONS REDUCTION

  • Reduction of carbon dioxide emissions from light commercial vehicles
  • Reduction in CO? emissions of new passenger cars
  • Emissions from heavy duty vehicles (Euro VI): certification rules
  • “Green” vehicles: a European strategy
  • EU strategy for biofuels
  • Reduction of pollutant emissions from light vehicles
  • Pollutant gases of wheeled agricultural or forestry tractors

PREVENTION OF MARINE POLLUTION

  • Strategy to reduce atmospheric emissions from seagoing ships
  • Maritime safety: prevention of pollution from ships
  • Ship-source pollution and criminal penalties
  • Maritime safety: Bunkers Convention
  • Maritime safety: compensation fund for oil pollution damage
  • Maritime safety: prohibition of organotin compounds on ships

Vulnerable road users and frontal protection systems

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Vulnerable road users and frontal protection systems

Outline of the Community (European Union) legislation about Vulnerable road users and frontal protection systems

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

Vulnerable road users and frontal protection systems

Technical requirements for the frontal protection systems of motor vehicles are laid down with the aim of improving the protection of pedestrians and other vulnerable road users in the event of a collision with a vehicle equipped with such a system.

Document or Iniciative

Directive 2005/66/EC of the European Parliament and of the Council of 26 October 2005 relating to the use of frontal protection systems on motor vehicles and amending Council Directive 70/156/EEC.

Summary

Frontal protection systems or “bull bars”, which are increasingly common and present an increased safety risk to pedestrians and other vulnerable road users, must now meet certain technical requirements.

The improvement of the frontal structures of vehicles actually helps to considerably attenuate the severity of injuries to pedestrians and other vulnerable road users, particularly if the vehicle is moving at reduced speed (under 40 km/h) at the time of collision.

Scope

The vehicles covered by the Directive are passenger cars and light commercial vehicles (category M1 and N1 vehicles weighing less than 3.5 tonnes).

The technical requirements of the Directive apply not only to frontal protection systems fitted to a vehicle as original equipment but also to systems supplied as separate technical units.

Technical requirements

The Directive lays down technical requirements for the testing, construction and installation of frontal protection systems. These requirements form part of the Community type-approval procedure established by Directive 70/156/EEC.

Timetable

These provisions apply from 25 November 2006 to new types of vehicles as well as to new types of frontal protection systems supplied as separate technical units.

As of 25 May 2007, they will apply to all new vehicles and all frontal protection systems available as separate technical units.

By 25 August 2010 at the latest, the Commission will re-examine these provisions in the light of technical progress and experience gained.

Context

The technical requirements laid down for frontal protection systems are part of the recent focus on the protection of pedestrians and other vulnerable road users, particularly under Directive 2003/102/EC relating to the protection of pedestrians and other vulnerable road users before and in the event of a collision with a motor vehicle. Road safety measures have thus been extended beyond the protection of only the occupants of vehicles.

The technical requirements laid down for frontal protection systems help to achieve the objective set by the European Commission in its European Road Safety Action Programme to halve the number of road accident victims by 2010.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 2005/66/EC 15.12.2005 25.08.2006 OJ L 309 of 25.11.2005

Related Act

Directive 2003/102/EC of the European Parliament and of the Council of 17 November 2003 relating to the protection of pedestrians and other vulnerable road usersbefore and in the event of a collision with a motor vehicle and amending Council Directive 70/156/EEC [OJ L 321 of 6.12.2003].