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Public passenger transport service by rail and road

Outline of the Community (European Union) legislation about Public passenger transport service by rail and road

Topics

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

Competition > Rules applicable to specific sectors > Competition in transport

Public passenger transport service by rail and road

Document or Iniciative

Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road, and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70

Summary

Public service compensation may be necessary to ensure the provision of services of general economic interest (SGEI) and guarantee safe, efficient, attractive and high quality passenger transport.

This Regulation applies to regular and non-limited access, national and international public passenger transport services by rail and other track-based modes and by road.

Public service contracts and general rules

The competent authority * is obliged to conclude a public service contract with the operator to which it grants an exclusive right and/or compensation in exchange for discharging public service obligations * (PSO). Obligations which aim to establish maximum tariffs for all or certain categories of passengers may be subject to general rules.

To define the framework for the competent authority, the latter grants compensation for the net positive or negative financial impact on costs and revenue occasioned by compliance with the pricing obligations established in the general rules.

The public service contracts * and general rules define:

the PSO to be fulfilled by the operator and the areas concerned;
the parameters based on which compensation must be calculated and the nature and scope of all exclusive rights granted to avoid any overcompensation;
the means of distributing the costs linked to service supply (staff costs, energy, infrastructure, maintenance, etc.);
the means of distributing income from the sale of transport tickets between the operator and the competent authority.

The duration of public service contracts is limited and must not exceed ten years for bus and coach services, and fifteen years for passenger transport services by rail or other track-based modes. This period may be extended by up to 50 % under certain conditions.

Awarding of public service contracts

Public service contracts are awarded according to the rules laid down in this Regulation. However, for awarding certain passenger transport services by bus or tram, the procedures of Directives 2004/17/EC and 2004/18/EC apply.

Subject to certain reservations detailed in Article 5 of the Regulation, local authorities may provide public transport services themselves or assign them to an internal operator over which they have control comparable to that over their own services.

Any competent authority who uses a third party other than an internal operator must award public service contracts by means of transparent and non-discriminatory competitive procedures which may be subject to negotiation.

The obligation to instigate competitive procedures does not apply to:

low level contracts, the average annual value of which is estimated at less than EUR 1 000 000 or which supply less than 300 000 kilometres of public passenger transport services;
where emergency measures are taken or contracts are imposed in response to actual or potential service interruptions;
regional or long distance rail transport.

Terms and conditions

The Member States have three months to provide the Commission with all the information necessary to determine whether the compensation allocated is compatible with this Regulation.

Each competent authority must publish a global annual report on the public service obligations incumbent on them and the resultant compensation received by them.

One year prior to any competitive procedure, the competent authority must ensure that the following information is published in the Official Journal of the European Union: name and contact details of the competent authority, type of allocation proposed and services and territories likely to be affected.

The Member States must gradually come into line with the Regulation, with the end of the transition period fixed at 3 December 2019.

Background

This Regulation forms part of the objectives in the Commission’s white paper of 12 September 2001 entitled “European transport policy for 2010: time to decide” and repeals Regulations (EEC) No 1191/61 and (EEC) No 1107/70.

Key terms used in the act
Competent authority: any public authority or group of public authorities in one or more Member States which can intervene in public passenger transport in a given geographical area, or any body invested with such power; Public service obligation: requirement defined or determined by a competent authority to guarantee general interest services in terms of passenger transport which an operator, in considering its own commercial interest, would not assume or would not ensure in the same measure or under the same conditions, without compensation; Public service contract: all arrangements made between one or more transport operators with one or more responsible authorities for all the rights and obligations of the service in question, including any unilateral public acts.

Key terms used in the act

Competent authority: any public authority or group of public authorities in one or more Member States which can intervene in public passenger transport in a given geographical area, or any body invested with such power;
Public service obligation: requirement defined or determined by a competent authority to guarantee general interest services in terms of passenger transport which an operator, in considering its own commercial interest, would not assume or would not ensure in the same measure or under the same conditions, without compensation;
Public service contract: all arrangements made between one or more transport operators with one or more responsible authorities for all the rights and obligations of the service in question, including any unilateral public acts.

Reference

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1370/2007	3.12.2009	–	OJ L 315 of 3.12.2007

European system of national and regional accounts in the Community

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European system of national and regional accounts in the Community

Outline of the Community (European Union) legislation about European system of national and regional accounts in the Community

Topics

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

Budget

European system of national and regional accounts in the Community

Document or Iniciative

Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community [See amending acts].

Summary

The European system of national and regional accounts (“ESA 1995”) makes it possible to describe the total economy of a region, country or group of countries, its components and its relations with other total economies.

The ESA is focused on the circumstances and needs of the EU. It can therefore serve as the central framework of reference for the social and economic statistics of the European Union and its Member States.

Content of the ESA

The ESA 1995 comprises two sets of tables:

the sector accounts *;
the input-output framework * and the accounts by industry *.

The purpose of this Regulation is to set up the ESA 1995 by providing for:

a methodology on common standards, definitions, classifications and accounting rules, that is intended to be used for compiling accounts and tables on comparable bases between the Member States for the purposes of the Community;
a programme, Eurostat, for transmitting on precise dates the accounts and tables compiled according to the ESA 1995.

Use

The Commission uses the national accounts aggregates for Community administrative and budgetary calculations. The ESA applies to all Community acts in which reference is made to it or to the definitions it lays down.

Key terms used in the act
Sector accounts: these provide, by institutional sector, a systematic description of the different stages of the economic process: production, generation of income, distribution of income, redistribution of income and use of income, as well as financial and non-financial accumulation; they also include balance sheets to describe the stocks of assets, liabilities and net worth at the beginning and at the end of the accounting period. Input-output framework and accounts by industry: these describe in more detail the production process (cost structure, income generated and employment) and the flows of goods and services (output, imports, exports, intermediate consumption and capital formation by product group).

Key terms used in the act

Sector accounts: these provide, by institutional sector, a systematic description of the different stages of the economic process: production, generation of income, distribution of income, redistribution of income and use of income, as well as financial and non-financial accumulation; they also include balance sheets to describe the stocks of assets, liabilities and net worth at the beginning and at the end of the accounting period.
Input-output framework and accounts by industry: these describe in more detail the production process (cost structure, income generated and employment) and the flows of goods and services (output, imports, exports, intermediate consumption and capital formation by product group).

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 2223/96	20.12.1996	–	OJ L 310 of 30.11.1996

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 2516/2000	7.12.2000	–	OJ L 290 of 17.11.2000
Regulation (EC) No 359/2002	20.3.2002	–	OJ L 58 of 28.2.2002
Regulation (EC) No 1392/2007	30.12.2007	–	OJ L 324 of 10.12.2007
Regulation (EC) No 400/2009	10.06.2009	–	OJ L 126 of 21.5.2009
Regulation (EC) No 715/2010	31.08.2010	–	OJ L 210 of 11.8.2010

Subsequent amendments and corrections to Regulation 2223/96 have been incorporated in the basic text. This consolidated version is for reference purpose only.

Related Acts

Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of Community own resources [Official Journal L 130 of 31.5.2000].
See consolidated version

Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community [Official Journal L 145 of 10.6.2009].
See consolidated version

Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax [Official Journal L 155 of 7.6.1989].
See consolidated version

Council Directive 89/130/EEC, Euratom of 13 February 1989 on the harmonisation of the compilation of gross national product at market prices [Official Journal L 49 of 21.2.1989].
See consolidated version consolidated version

EU-India Strategic Partnership

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EU-India Strategic Partnership

Outline of the Community (European Union) legislation about EU-India Strategic Partnership

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-India Strategic Partnership

Document or Iniciative

Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee of 16 June 2004: An EU-India Strategic Partnership [COM(2004) 430) final – Not published in the Official Journal].

Summary

The EU and India already enjoy a close relationship based on shared values and mutual respect. In recent years, the relationship has developed exponentially in terms of shared vision, goals and challenges. Against this background the Commission proposes a new strategy based on the following objectives:

international cooperation through multilateralism, including promoting peace, combating terrorism, non-proliferation of weapons of mass destruction and human rights;
enhanced commercial and economic interaction, in particular through sectoral dialogue and dialogue on regulatory and industrial policy;
cooperation on sustainable development, protecting the environment, mitigating climate change and combating poverty;
continuous improvement of mutual understanding and contacts between the EU’s and India’s civil society.

International cooperation

Since the EU and India are seen as forces for global stability, the focus of relations has shifted from trade to wider political issues. The Commission proposes a strategic alliance to enhance relations with India and promote an effective multilateral approach.

India is an important partner in conflict prevention. The EU should therefore explore means of formalising regular cooperation with India in this area. The Commission wishes to step up political dialogue on non-proliferation of weapons of mass destruction and proposes setting up dialogue on export control measures.

Real cooperation should be established on combating terrorism and organised crime.

The EU is strongly committed to peace and stability in South Asia and encourages dialogue between India and Pakistan.

Economic partnership

The EU is India’s largest trading partner and main source of foreign inward investment, whereas India is only the EU’s 14th trading partner. India needs to further open up its market and accelerate market reform to realise the potential of its market. It must address such matters as customs tariffs and the many non-tariff trade barriers, as well as considerably improving its infrastructure.

The strategic dialogue should address regulatory and industrial policy to improve business competitiveness on both sides. India and the EU should also promote cooperation on the world’s major environmental challenges such as biodiversity, climate change and the depletion of the ozone layer.

In many areas, dialogue with India has already made considerable progress. Strategic sectoral dialogues should be developed in the following areas:

the information society;
transport;
energy;
biotechnology;
the Galileo programme (the European global satellite navigation system);
a space partnership.

The EU and India must start dialogue on investment, intellectual property rights and trade defence instruments. The EU has an interest in enhancing cooperation with India on technical barriers to trade and sanitary and phytosanitary issues. The EU-India customs cooperation agreement should also be exploited and sustainable development and South Asian regional cooperation should be promoted.

There is enormous potential for EU-India collaboration in science and technology. Indian researchers should be encouraged to participate in the EU’s 6th Framework Programme.

The EU should invite India to regularly attend ministerial level consultations on subjects of mutual interest in the field of monetary and financial policy.

Development cooperation

The EU must help India to meet the Millennium Development Goals (MDG). Coordination with other EU donors needs to be improved. The EU could also share its experience of social security systems.

Mutual understanding

The European and Indian Parliaments are considering organising regular, institutionalised parliamentary exchanges. In terms of culture, cooperation in all disciplines should be reinforced. All Member States and institutions should cooperate and coordinate their activities to inform Indian public opinion. The Government of India should be encouraged to visit EU institutions as often as possible and devise its own communications strategy.

Institutional architecture

EU-Indian partnership is based on the 1994 Cooperation Agreement and the Joint Political Declaration of 1993. The first Lisbon summit of 2000 was also key to the development of bilateral relations. The Commission proposes a number of initiatives to streamline the structure of the partnership.

Implementation and follow-up

The Commission hopes that this Communication will be a starting point for collective reflection on how to improve EU-India relations. The proposals emerging from such reflection could serve as the basis for an action plan and a new EU-Indian joint political declaration. Both could be endorsed at the Sixth EU-India Summit in 2005.

Context

India is an increasingly important international player and regional power with an impressive economic growth rate. Since the first EU-India summit held in Lisbon in 2000, EU relations with India have progressed in political, geopolitical, economic and trade terms.

Related Acts

Joint Action Plan adopted at the Sixth EU-India Summit at Delhi, 7 September 2005.

The current Joint Action Plan should be seen in the context of the 2004 Hague Summit. Its primary objective is to develop EU-India relations in the context of a strategic partnership. Its specific aim is to encourage the EU and India to:

consolidate their mechanisms for dialogue and consultation mechanisms;
deepen dialogue and cooperation on political and economic matters;
develop trade and investments;
improve relations between their peoples and cultures.

Joint Press Statement from the Fifth India-EU Summit (FR ) at The Hague, 8 November 2004.

The Indian and European authorities highlight the progress made in strengthening EU-Indian relations, in particular after the 2004 communication on the EU-Indian strategic partnership, followed by the Council’s conclusions of 11 October 2004. They also reiterate that their partnership is based on a solid foundation of shared values and convictions and their commitment to democracy, pluralism, the rule of law and multilateralism in international relations, which contribute stability and peace in the world. Finally, they wish to strengthen their partnership through more intensive dialogue.

Animal by-products not intended for human consumption

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Animal by-products not intended for human consumption

Outline of the Community (European Union) legislation about Animal by-products not intended for human consumption

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

Animal by-products not intended for human consumption

The food crises of the 1990s highlighted the part played by animal by-products not intended for human consumption in the spread of certain infectious diseases. Such by-products must be kept out of the food chain. This Regulation therefore establishes strict health rules for their use, so as to ensure a high level of health and safety. In particular, it prohibits intra-species recycling.

Document or Iniciative

Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption [See amending acts].

Summary

Regulation (EC) No 178/2002 constitutes the cornerstone of the new European legislation on food safety. Adopting the “from farm to table” approach, it aims, by drawing on the latest scientific opinions, to guarantee a high standard of health and safety throughout the food chain.

Animal by-products are defined as the entire bodies or parts of bodies of animals or products of animal origin not intended for human consumption, including ova, embryos and sperm. They represent more than 15 million tonnes of meat, dairy products and other products, including manure . These materials are then disposed of or processed and re-used in many different sectors, including the cosmetics or pharmaceuticals sectors, as well as being used for other technical purposes.

Following the food crises of the 1990s, such as the bovine spongiform encephalopathy (BSE) epidemic, the role of these by-products in propagating transmissible animal diseases was brought to light. Composed of eight independent scientific experts, the Scientific Steering Committee then concluded that products derived from animals declared unfit for human consumption must not enter the food chain. Moreover, the administration to any animal of proteins obtained by processing carcasses of the same species – or cannibalism – may constitute an additional risk of disease propagation.

This Regulation sets out the measures to be implemented for the processing of animal by-products.

SCOPE

This Regulation lays down the health and surveillance rules applicable to:

the collection, transport, storage, handling, processing and use or disposal of animal by-products;
the placing on the market and, in certain specific cases, the export and transit of animal by-products and products derived therefrom.

It does not apply to:

raw petfood originating from retail shops;
liquid milk and colostrum used on the farm of origin;
entire bodies (or parts) of healthy wild animals, except for fish landed for commercial purposes and animals used to produce game trophies;
raw petfood for use on site, derived from animals slaughtered on the farm of origin for use as foodstuffs by the farmer and his family only, in accordance with national legislation;
catering waste, unless it is destined for animal consumption, it is destined for use in a biogas plant or for composting or it comes from means of transport operating internationally;
ova, embryoes and sperm intended for breeding purposes;
transit by sea or by air.

CLASSIFICATION OF ANIMAL BY-PRODUCTS

Category 1 material

Category 1 material comprises the following animal by-products:

all body parts body, including hides and skins, of animals suspected of being infected by a transmissible spongiform encephalopathy (TSE) or in which the presence of a TSE has been confirmed, animals killed in the context of TSE eradication measures, pet animals, zoo animals and circus animals, experimental animals, wild animals suspected of being infected with a communicable disease;
specified risk material as tissues likely to carry an infectious agent;
products derived from animals that have absorbed prohibited substances or substances containing products dangerous for the environment;
all animal material collected when treating waste water from category 1 processing plants and other premises in which specified risk material is removed;
catering waste from means of transport operating internationally;
mixtures of category 1 with category 2 and/or category 3 material.

Intermediate handling and storage of category 1 material must take place in approved intermediate establishments of the same category. Collected, transported and identified without delay, this material shall be:

directly disposed of as waste by incineration in an approved incineration plant;
processed in an approved plant by a specific method, in which case the resulting material shall be marked and finally disposed of as waste by incineration or co-incineration;
with the exclusion of material coming from carcasses of animals infected (or suspected of being infected) with a TSE, processed by a specific method in an approved plant, in which case the resultant material shall be marked and finally disposed of as waste by means of burial in an approved landfill;
in the case of catering waste, disposed of by burial in a landfill.

Category 2 material

Category 2 material comprises the following animal by-products:

manure and digestive tract content;
all animal materials other than those belonging to category 1 collected when treating waste water from slaughterhouses;
products of animal origin containing residues of veterinary drugs and contaminants in concentrations exceeding the Community limits;
products of animal origin, other than category 1 material, that are imported from third countries and fail to comply with the Community veterinary requirements;
animals other than category 1 that have not been slaughtered for human consumption;
mixtures of category 2 and category 3 material.

Except in the case of manure, the intermediate handling and storage of category 2 material must take place in approved intermediate establishments of the same category. Collected, transported and identified without delay, this material shall be:

directly disposed of as waste by incineration in an approved incineration plant;
processed in an approved plant by a specific method, in which case the resultant material shall be marked and finally disposed of as waste;
ensiled or composted in the case of material derived from fish;
in the case of manure, digestive tract content, milk and colostrum not presenting any risk of spreading a communicable disease, either a) used without processing as raw material in a biogas or composting plant or treated in a technical plant, or b) applied to land;
used in a technical plant to produce game trophies.

Category 3 material

Category 3 material comprises the following animal by-products:

parts of slaughtered animals which are fit for human consumption but are not intended for human consumption for commercial reasons;
parts of slaughtered animals which are rejected as unfit for human consumption but are not affected by any sign of a communicable disease;
hides and skins, hooves and horns, pig bristles and feathers originating from animals that are slaughtered in a slaughterhouse and were declared fit for human consumption after undergoing an ante mortem inspection;
blood obtained from animals declared fit for human consumption after undergoing an ante mortem inspection, other than ruminants slaughtered in a slaughterhouse;
animal by-products derived from the production of products intended for human consumption, including degreased bones and greaves;
former foodstuffs of animal origin, other than catering waste, which are no longer intended for human consumption for commercial reasons or due to problems of manufacturing or packaging defects;
raw milk originating from animals that do not show any signs of a communicable disease;
fish or other sea animals, except sea mammals, caught in the open sea for the purpose of fishmeal production, and fresh by-products from fish from plants manufacturing fish products for human consumption;
shells of eggs originating from animals that do not show any signs of a communicable disease;
blood, hides and skins, hooves, feathers, wool, horns, hair and fur originating from healthy animals;
catering waste other than category 1.

Intermediate handling and storage of category 3 material must take place in approved intermediate establishments of the same category. Collected, transported and identified without delay, this material shall be:

directly disposed of as waste by incineration in an approved incineration plant;
used as raw material in a petfood plant;
processed by a specific method in an approved processing, technical, biogas or composting plant;
composted or processed in a biogas plant in the case of category 3 catering waste;
in the case of raw material of fish origin, ensiled or composted.

COLLECTION, TRANSPORTATION, STORAGE, DISPATCH

With the exception of category 3 catering waste, animal by-products and processed products shall be collected, transported and identified. The regulatory procedure concerns identification and labelling of raw materials in the three categories, equipment of vehicles and containers, commercial documents, health certificates and transportation conditions. Records must be kept of all dispatches.

For the dispatch of animal by-products and processed products, the Member State of destination must have authorised the receipt of category 1 and 2 material and of processed animal proteins. Duly identified, any batch of animal by-products must be conveyed directly to the plant of destination. Information is exchanged between the Member States’ competent authorities via the TRACES system.

APPROVAL

Intermediate and storage establishments

Category 1, 2 and 3 intermediate and storage establishments shall be subject to approval by the competent authority. To be approved, they must meet the requirements of the Regulation aimed at preventing any risk of transmissible disease propagation.

Hygiene requirements relate to: the layout of premises, the type of facilities, staff hygiene, protection against pests (insects, rodents and birds), waste water disposal, storage temperature, cleaning and disinfection of containers and transport vehicles other than ships.

The competent authority must check these establishments regularly; in addition, intermediate establishments must apply specific own-check procedures. The competent authority shall suspend approval immediately if the conditions under which it was granted are no longer fulfilled.

Incineration and co-incineration plants

Directive 2000/76/EC defines the conditions for the incineration of waste from processed products. Where this Directive does not apply to certain animal by-products, they are disposed of in accordance with the present Regulation.

The competent authority shall approve high- and low-capacity plants. Used only for the disposal of pet animals, specified risk material and category 2 and/or category 3 material, low-capacity plants must meet strict requirements regarding the equipment and maintenance of premises, operating conditions (gaseous releases, temperature), waste water, residues (ash, slag, dust), temperature measurement and the conditions for incinerating specified risk material.

Approval shall be suspended immediately if the requirements in force are no longer met.

Category 1 and 2 processing plants

Category 1 and 2 processing plants shall be subject to approval by the competent authority, which validates and checks the manufacturing processes. To be approved, these plants must meet the requirements of the Regulation regarding: the layout of premises, the type of facilities, staff hygiene, protection against pests (insects, rodents and birds), waste water disposal, storage, cleaning and disinfection of the site and vehicles.

Depending on the category of animal by-products, seven processing methods may be used. Described in Annex V, these methods vary according to the particle size of the raw material, the temperature reached during heat treatment, the pressure applied and the duration of the process, one of them being specific to animal by-products of fish origin. Method No 1 shall be applied to:

category 2 material – other than manure, digestive tract content, milk and colostrum – destined for a biogas or composting plant or intended for use as organic fertilisers or soil improvers;
category 1 and 2 material to be disposed of in a landfill;
processed mammalian proteins.

The methods numbered from 1 to 5 are applied to:

category 2 raw material intended for incineration after processing;
category 1 and 2 material intended for incineration.

For each of the processing methods, identification of the critical points determining the intensity of heat treatment is essential. These critical points include: the particle size of the raw material, the temperature reached during heat treatment, the pressure applied and the duration of the process.

Approval shall be suspended immediately if the conditions under which it was granted are no longer fulfilled.

Category 3 processing plants

Category 3 processing plants shall be subject to approval by the competent authority. To be approved, these plants must meet the requirements regarding the layout of the premises, the type of facilities, hot water production capacity, heat treatment, protection against pests, waste water disposal, cleaning and disinfection of the site.

Only category 3 raw material – apart from blood, hides and skins, hooves, feathers, wool, horns, hair and fur of animals unfit for human consumption but not show any signs of a communicable disease, as well as catering waste – may be used for the production of processed animal proteins and other raw material for animal feed. Prior to any processing, the animal by-products must be subjected to a check to detect the presence of foreign bodies such as packaging material or pieces of metal.

For each of the processing methods used, the critical points determining the intensity of the heat treatment must be identified: particle size, temperature, pressure, duration of the process. Specific requirements are applicable, depending on whether the method involves processed animal proteins (e. g. method No 1 for mammalian proteins), blood products, rendered fats and fish oils, (products based on) milk and colostrum, gelatine and hydrolysed proteins, dicalcium or tricalcium phosphate.

The competent authority shall approve and inspect processing plants and shall suspend approval immediately if the requirements of the Regulation are no longer met. The plants must also introduce own-check procedures.

Category 2 and 3 oleochemical plants

Oleochemical plants shall be subject to approval by the competent authority. To be approved, these plants must process rendered fats derived from category 2 or 3 material in accordance with the standards laid down in the Regulation and establish and implement critical point monitoring and control methods. The authority shall inspect the plants and suspend approval if the conditions under which it was granted are no longer fulfilled.

Biogas and composting plants

Biogas and composting plants shall be subject to approval by the competent authority. The conditions for obtaining approval relate to the nature and equipment of the plants. In addition, these plants must implement critical point monitoring and control methods. Approval shall be suspended immediately if the conditions under which it was granted are no longer fulfilled.

Only the following animal by-products may be processed in a biogas or composting plant:

category 2 material subjected to processing method No 1 in a category 2 processing plant;
manure and digestive tract content separated from the digestive tract, milk and colostrum;
category 3 material.

There are specific hygiene and processing requirements for biogas and composting plants.

Petfood plants and technical plants

Plants producing petfood, articles for chewing and technical products shall be subject to control and approval by the competent authority.

The Regulation sets out the hygiene rules specific to:

petfood and articles for chewing;
manure;
blood and blood products;
serum from equidae;
hides and skins of ungulates;
game trophies;
wool;
unprocessed hair, unprocessed pig bristles, unprocessed feathers and parts of feathers;
apiculture products;
bones, horns, hooves intended for purposes other than as raw material for animal feed, organic fertilisers or soil improvers;
animal by-products intended for the manufacture of petfood, pharmaceuticals and other technical products;
rendered fats intended for an oleochemical use;
fat derivatives;
flavouring innards used in the manufacture of petfood.

The plants must establish and implement critical point monitoring and control methods on the basis of the process used. Depending on the products, they must take samples for laboratory analysis. The competent authority shall carry out checks and suspend approval if the conditions under which it was granted are no longer fulfilled.

PLACING ON THE MARKET AND USE OF PROCESSED PROTEINS

The Member States must be able to guarantee that animal by-products and processed products do not come from a geographical zone subject to health restrictions. In certain cases, animal by-products may originate from such a zone if they are neither infected nor suspected of being infected, are correctly identified and meet the hygiene requirements laid down in the Regulation.

Placing on the market and export of processed animal proteins used as feed material

Only animal proteins handled, processed, stored and transported in accordance with the provisions of the Regulation may be placed on the market. Produced in a category 3 processing plant, they must be prepared exclusively from material of the same category.

Placing on the market and export of petfood, articles for chewing and technical products

Only petfood, articles for chewing and technical products which meet the specific requirements of the Regulation and come from approved and inspected plants may be placed on the market.

Fat derivatives, placed on the market or exported, must be produced from category 2 or 3 material and prepared in an oleochemical plant; they must meet the requirements of the Regulation relating to processing and handling.

Safeguard measures

In the event of an outbreak of an epizootic disease that may constitute a risk to health, the Member State of dispatch must take – in accordance with the legislation in force – all necessary measures to eradicate the disease and, in particular, must demarcate the affected area. The Member State of destination must take the preventive measures laid down in Community legislation. These provisions apply to movements of animal by-products.

It is prohibited to:

feed a species with processed animal proteins derived from the bodies or parts of bodies of animals of the same species (cannibalism);
Following a consultation of the Scientific Committee, which came out in favour, fish and fur animals are exempt from this ban.
feed farmed animals other than fur animals with catering waste;
apply organic fertilisers and soil improvers, other than manure, to pasture land.

DEROGATIONS

Derogations regarding the use of animal by-products

Under the supervision of the competent authority, the Member States may authorise the use of animal by-products for diagnostic, educational and research purposes, as well as for taxidermy purposes in approved technical plants.

Animal by-products derived from category 2 and 3 material – except for blood, hides and skins, hooves, feathers, wool, horns, hair and fur from animals unfit for human consumption but not showing any signs of a communicable disease – may be used for the feeding of the following animals:

zoo and circus animals;
reptiles and birds of prey;
fur animals;
wild animals the meat of which is not destineded for human consumption;
dogs from recognised kennels or packs of hounds;
maggots for fishing bait.

Following a consultation of the Scientific Committee, which expressed a favourable opinion, the Member States may authorise the use of entire bodies of category 1 animals containing specified risk material for the feeding of endangered or protected species of necrophagous birds (griffon vultures).

Member States must inform the Commission of the use made of the derogations and the verification arrangements introduced. They must draw up a list of authorised users and collection centres registered on their territory and assign them an official number.

Derogations regarding the disposal of animal by-products

The direct burial of dead pet animals is authorised only in limited cases.

Certain animal by-products originating in remote areas may be disposed of as waste by burning or burial on site. This concerns the bodies of pet animals and category 1 animals containing specified risk material, category 2 and 3 material originating in remote areas or animal by-products that can be burnt or buried on site in the event of an outbreak of a disease included in list A of the International Office for Epizootics (OIE).

No derogation may be granted for animals suspected of being infected with a TSE.

CONTROLS AND INSPECTIONS

Plants’ own checks

Operators and owners of intermediate establishments and processing plants must put in place a permanent procedure developed in accordance with the principles of the system of hazard analysis and critical control points (HACCP). They must:

identify the critical points in order to establish a monitoring and control method;
in the case of a processing plant, take samples for analysis;
record the results of checks and tests and keep them for a period of at least two years;
introduce a system ensuring the traceability of each batch dispatched.

Where the results of a test on samples do not comply with the provisions of the Regulation, the operator of the plant must notify the competent authority immediately, establish the causes of failures of compliance, stop the dispatch of contaminated material, increase the frequency of testing of production and take appropriate steps to decontaminate the plant.

Official controls and lists of approved establishments and plants

The competent authority shall inspect approved establishments and plants at regular intervals. In the case of processing plants, the supervision of production covers the following:

general conditions of hygiene of the premises;
equipment and staff;
the efficacy of the own checks carried out by the plant;
the standards of the products after processing;
storage conditions;
description of the process;
identification of critical control points (CCP).

The frequency of inspections and supervision shall depend on the size of the establishments and plants, the type of products manufactured and the risk assessment in accordance with the principles of the HACCP system.

Each Member State shall draw up a list of the approved establishments and plants within its territory and assign them an official identification number. It shall sends copies of the list and updated versions to the Commission and the other Member States.

Community controls in the Member States

Experts from the Commission experts may make on-the-spot checks in cooperation with the competent authorities of the Member States. The Commission shall inform the Member State’s competent authority of the results of the checks made.

IMPORTATION AND TRANSIT OF CERTAIN ANIMAL BY-PRODUCTS

The provisions applicable to the importation of animal by-products from third countries shall provide equivalent guarantees to those applicable to the production and marketing of these products in the Community.

Imported products must come from a third country on an updated list which takes account of criteria relating to that country’s legislation and health situation. Similarly, establishments and plants producing for export to the European Union shall be approved by the competent authority in the third country and entered on a Community list. Pending the compilation of such lists, the Member States may maintain the controls provided for in Directive 97/78/EC.

A health certificate, which may be drawn up according to various models shown in the Regulation, shall identify the product and certify that it is safe.

Experts from the Commission may make on-the-spot checks with a view to drawing up the list of third countries and verifying compliance with import and/or transit conditions. The Commission shall meet the costs incurred for these checks. If a check reveals a serious infringement of the health rules, the Commission shall immediately ask the third country to take appropriate measures or shall suspend consignments to the Union and immediately inform the Member States.

According to the product concerned, the lists of third countries from which the Member States may authorise imports of animal by-products are given in Annex XI of the Regulation.

FINAL PROVISIONS

After consultation of the appropriate scientific committee on any question that could have an impact on animal health or public health, the Annexes may be amended or supplemented and any appropriate transitional measures may be adopted by a decision of the Commission.

The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health and by the appropriate scientific committees.

National provisions

Within one year of the entry into force of the Regulation, the Member States shall communicate to the Commission the text of the provisions of any national law that they adopt in order to comply with the new Community provisions.

On the basis of the information received, the Commission shall submit to the European Parliament and the Council a detailed report accompanied, if appropriate, by legislative proposals. It shall also prepare a report on the financial arrangements in by the Member States for the processing, collection, storage and disposal of animal by-products.

The Member States may adopt or maintain more restrictive national rules concerning the use of organic fertilisers and soil improvers and of fat derivatives produced from category 2 raw material.

Repeal

Directive 90/667/EEC and Decisions 95/348/EC and 1999/534/EC shall be repealed with effect from six months after the entry into force of the Regulation.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1774/2002	30.10.2002	–	OJ L 273 of 10.10.2002

DEROGATION

Decision 2003/324/EC [Official Journal L117 of 13.05.2003]

This derogation is granted to Finland and Estonia with regard to the intra-species recycling of fur animals (fox and raccoon dog) with processed animal protein derived from the bodies or parts of bodies of animals of the same species.

See consolidated version (pdf)

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 808/2003	13.05.2003	–	OJ L 117 of 13.05.2003

Successive amendments and corrections to Regulation (EC) No 1774/2002 have been incorporated into the original text. The consolidated version (pdf ) is intended purely as a documentation tool.

CHANGES TO THE ANNEXES

Annexe I – Specific definitions:
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003];
Regulation (EC) No 668/2004 [Official Journal L 112 of 19.04.2004];
Regulation (EC) No 181/2006 [Official Journal L 29 of 2.2.2006];
Regulation (EC) No 829/2007 [Official Journal L 191 of 21.7.2007];
Regulation (EC) No 1432/2007 [Official Journal L 320 of 6.12.2007].

Regulation (EC) No 777/2008 [Official Journal L 207 of 5.8.2008].

Annexe II – Hygiene requirements for collection and transport:
Regulation (EC) No 808/2003 [Official Journal L 117 du 13.05.2003];
Regulation (EC) No 93/2005 [Official Journal L 19 du 21.01.2005].
Regulation (EC) No 829/2007 [Official Journal L 191 of 21.7.2007];
Regulation (EC) No 1432/2007 [Official Journal L 320 of 6.12.2007].

Annexe III – Hygiene requirements for intermediate and storage plants:
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003].

Annexe IV – Requirements for incineration and co-incineration plants to which Directive 2000/76/EC does not apply:
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003];

Annexe V – General hygiene requirements for the processing of category 1, 2 and 3 material:
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003];
Regulation (EC) No 93/2005 [Official Journal L 19 of 21.01.2005].
Regulation (EC) No 777/2008 [Official Journal L 207 of 5.8.2008]

Annexe VI – Specific requirements for the processing of category 1 and 2 material and for the production of biogas, for composting as well as for the marking of certain processed products:
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003];
Regulation (EC) No 208/2006 [Official Journal L 36 of 08.02.2006];
Regulation (EC) No 1432/2007 [Official Journal L 320 of 6.12.2007].

Annexe VII – Specific hygiene requirements for the processing and placing on the market of processed animal protein and other processed products that could be used as feed material:
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003] ;
Regulation (EC) No 668/2004 [Official Journal L 112 of 19.04.2004].
Regulation (EC) No 829/2007 [Official Journal L 191 of 21.7.2007].
Regulation (EC) No 437/2008 [Official Journal L 132 of 22.5.2008].

Regulation (EC) No 777/2008 [Official Journal L 207 of 5.8.2008].

Annexe VIII – Requirements for the placing on the market of petfood, dogchews and technical products:
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003] ;
Regulation (EC) No 668/2004 [Official Journal L 112 of 19.04.2004];
Regulation (EC) No 208/2006 [Official Journal L 36 of 08.02.2006].
Regulation (EC) No 2007/2006 [Official Journal L 379 of 28.12.2006];
Regulation (EC) No 829/2007 [Official Journal L 191 of 21.7.2007].

Regulation (EC) No 399/2008 [Official Journal L 118 of 6.5.2008].

Regulation (EC) No 523/2008 [Official Journal L 153 of 12.6.2008].

Annexe IX – Rules applicable to the use of certain category 2 and category 3 material for the feeding of certain animals in accordance with Article 23(2):
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003].

Annexe X – Model health certificates for the importation from third countries of certain animal by-products and products derived therefrom:
Regulation (EC) No 668/2004 [Official Journal L 112 of 19.04.2004].
Regulation (EC) No 2007/2006 [Official Journal L 379 of 28.12.2006];
Regulation (EC) No 829/2007 [Official Journal L 191 of 21.7.2007].

Regulation (EC) No 437/2008 [Official Journal L 132 of 22.5.2008].

Regulation (EC) No 523/2008 [Official Journal L 153 of 12.6.2008].

Annexe XI – List of third countries from which member states may authorise imports of animal by-products not intended for human consumption:
Regulation (EC) No 668/2004 [Official Journal L 112 of 19.04.2004];
Regulation (EC) No 416/2005 [Official Journal L 66 of 12.03.2005].
Regulation (EC) No 829/2007 [Official Journal L 191 of 21.7.2007].

Regulation (EC) No 437/2008 [Official Journal L 132 of 22.5.2008].

Regulation (EC) No 523/2008 [Official Journal L 153 of 12.6.2008].

Related Acts

PROPOSALS

Proposal for a Regulation of the European Parliament and of the Council laying down health rules as regards animal by-products not intended for human consumption (“Animal by-products Regulation”) [COM (2008) 345 final – Not published in the Official Journal].

In this proposal the basic framework of safeguards applicable to animal by-products (ABP) is maintained. Nevertheless, the regulations will be clarified and a more risk-based approach will be introduced. The proposal also aims to ensure that the health rules on ABP are consistent with other Community legislation. Finally this proposal specifies the circumstances and methods related to the implementation of environmental legislation and facilitates the use of materials of animal origin for technical uses.

Codecision Procedure (COD/2008/0110).

Commission Regulation (EC) No 1192/2006 of 4 August 2006 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards lists of approved plants in Member States [Official Journal L 215 of 5.8.2006].

Category 1 material

Commission Regulation (EC) No 92/2005 of 19 January 2005 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards means of disposal or uses of animal by-products and amending its Annex VI as regards biogas transformation and processing of rendered fats [Official Journal L 19 of 21.1.2005].

Commission Regulation (EC) No 811/2003 of 12 May 2003 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures [Official Journal L 117 of 13.5.2003].

Commission Decision 2003/322/EC [Official Journal L 117 of 13.5.2003]

(Use of category 1 materials for the feeding of certain necrophagous birds)

See consolidated text (pdf ).

Category 3 material

Commission Regulation (EC) No 79/2005 [Official Journal L 16 of 20.1.2005]

(the use of milk, milk-based products and milk-derived products, defined as Category 3 material).

See consolidated version (pdf ).

TRANSITIONAL MEASURES

Commission Regulation (EC) No 197/2006 of 3 February 2006 on transitional measures under Regulation (EC) No 1774/2002 as regards the collection, transport, treatment, use and disposal of former foodstuffs [Official Journal L 32 of 4.2.2006].
Member States can authorise the collection, transport, treatment and use and disposal of former foodstuffs of animal origin or containing products of animal origin not intended for human consumption, which carry no risk for human or animal health. This transitional measure is valid until 31 July 2009.

Regulation (EC) No 878/2004 [Official Journal L 162 of 30.4.2004]

(importation and placing on the market of certain by-products from categories 1 and 2.

REPORTS

Report from the Commission to the Council and the European Parliament of 21 October 2005 on the measures taken by Member States to ensure compliance with regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption [COM(2005) 521 – Official Journal C 49 of 28.02.2006].

Thematic Strategy on Air Pollution

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Thematic Strategy on Air Pollution

Outline of the Community (European Union) legislation about Thematic Strategy on Air Pollution

Topics

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

Environment > Air pollution

Thematic Strategy on Air Pollution

Act

Communication of 21 September 2005 from the Commission to the Council and the European Parliament – Thematic Strategy on Air Pollution [COM(2005) 446 – Not published in the Official Journal]

Summary

In order to attain “levels of air quality that do not give rise to significant negative impacts on, and risks to human health and environment”, this Thematic Strategy supplements the current legislation. It establishes objectives for air pollution and proposes measures for achieving them by 2020: modernising the existing legislation, placing the emphasis on the most harmful pollutants, and involving to a greater extent the sectors and policies that may have an impact on air pollution.

Air Pollution

Air pollution seriously damages human health and the environment: respiratory problems, premature deaths, eutrophication * and damage to ecosystems as a result of the deposition of nitrogen and acidic substances are some of the consequences of this problem which is both local and transfrontier in nature.

The pollutants causing the greatest concern where public health is concerned are tropospheric ozone * and especially particulate matter * (in particular fine particles or PM2.5).

The objectives of the Strategy

The Strategy chosen sets health and environmental objectives and emission reduction targets for the main pollutants. These objectives will be delivered in stages, and will make it possible to protect EU citizens from exposure to particulate matter and ozone in air, and protect European ecosystems more effectively from acid rain, excess nutrient nitrogen, and ozone

When drawing up the Strategy, it was impossible to determine a level of exposure to particulate matter and tropospheric ozone that does not constitute a danger to human beings. However, a significant reduction in these substances will have beneficial effects in terms of public health, and will also generate benefits for ecosystems.

Compared with the situation in 2000, the Strategy sets specific long-term objectives (for 2020):

47% reduction in loss of life expectancy as a result of exposure to particulate matter;
10 % reduction in acute mortalities from exposure to ozone;
reduction in excess acid deposition of 74% and 39% in forest areas and surface freshwater areas respectively;
43% reduction in areas or ecosystems exposed to eutrophication.

To achieve these objectives, SO2 emissions will need to decrease by 82%, NOx emissions by 60%, volatile organic compounds * (VOCs) by 51%, ammonia by 27%, and primary PM2.5 (particles emitted directly into the air) by 59% compared with the year 2000.

Implementing the Strategy will entail an incremental additional cost compared with spending on existing measures. This additional cost is likely to amount to EUR 7.1 billion per annum from 2020.

In terms of health, the savings that will be made as a result of the Strategy are estimated at EUR 42 billion per annum. The number of premature deaths should fall from 370 000 in 2000 to 230 000 in 2020 (compared with 293 000 in 2020 without the Strategy).

Where the environment is concerned, there is no agreed way to assign a monetary value to ecosystem damage or the likely benefits resulting from the Strategy. However, there should a be a favourable impact as a result of reducing acid rain and nutrient nitrogen inputs, resulting among other things in better protection for biodiversity.

Better European legislation on air quality

One of the crucial aspects in this respect is the simplification of legislation. A proposal to revise the legislation on air quality, which provides for merging the Framework Directive, the first, second, and third “Daughter Directives”, and the Exchange of Information Decision, is therefore attached to the Strategy.

It is proposed that the legislation on particulate matter should be supplemented by setting a limit value of 25 g/m³ for fine particles (PM 2.5) and an interim reduction target of 20% to be attained between 2010 and 2020.

The Strategy also makes provision for revising the legislation on national emission ceilings, extending, subject to strict conditions, certain deadlines for the implementation of legislative provisions, modernising data communication, and improving coherence with other environmental policies.

Integrating air quality concerns into the sectors concerned

More efficient energy use can help to reduce harmful emissions. The targets set concerning the production of energy and electricity from renewable energy sources (12% and 21% respectively by 2010) and concerning biofuels are major factors in this connection. The Strategy makes provision for possible extension of the IPPC Directive and the Energy Performance of Buildings Directive to small combustion plants. The establishment of standards for small heating installations is also envisaged through the new Energy-using Products Directive. The Strategy also provides for examining how to reduce VOC emissions at filling stations.

Turning to transport, the Strategy envisages new proposals concerning the reduction of emissions from new passenger cars and vans, and heavy-duty vehicles. In addition, it envisages improvements in vehicle approval procedures and other measures concerning the scope for differentiated charging, and older vehicles.

The Commission is also planning to examine the impact of aviation on climate change in a forthcoming communication. Where shipping is concerned, the Strategy provides for the continuation of negotiations in the context of the International Maritime Organisation, the promotion of shore-side electricity for ships in port, and the consideration of pollution issues in relation to funding through programmes such as Marco Polo.

Where agriculture is concerned, the strategy calls for measures to be promoted to reduce the use of nitrogen in animal feedingstuffs and fertilisers. The rules and proposals concerning rural development also provide for possible ways of reducing ammonia emissions from agricultural sources, in particular through farm modernisation. The ongoing reform of the rules relating to the cohesion instruments also includes proposals that will help to meet the objectives of the Strategy.

The Strategy also calls for air quality concerns to be taken into account in international forums and bilateral relations.

Background

The Strategy on Air Pollution is one of the seven thematic strategies provided for in the Sixth Environmental Action Programme adopted in 2002. It is the first of these strategies to be adopted formally by the Commission.

It is based on research carried under by the Clean Air For Europe (CAFE) programme and the successive research framework programmes, and was adopted following a lengthy consultation process involving the European Parliament, Non-Governmental Organisations and industry and private individuals.

Key terms used in the act
Eutrophication: Excess nutrient nitrogen (in the form of ammonia and nitrogen oxides) which disrupts plant communities, and leaches into fresh waters, leading in each case to a loss of biodiversity. Tropospheric ozone: Ozone which is formed through chemical reactions between volatile organic compounds (VOCs) and nitrogen oxides (NOx) in the presence of sunlight and which accumulates at low altitudes. Particulate matter: Fine dust emitted by certain human activities (primary particles) or which are formed in the atmosphere (secondary particles) from gases such as sulphur dioxide (SO2), nitrogen oxides (NOx) and ammonia (NH3). Particles differ in size: large particles (PM10) are between 2.5 and 10 m in diameter, while fine particles (PM2.5) are less than 2.5 m in diameter. Volatile organic compounds (VOCs): Carbon-based chemical compounds emitted into the atmosphere from natural sources or as a result of human activities (e.g. the use of solvents, paints and varnishes, the storage of motor fuel and the use of motor fuel in filling stations, and vehicle exhaust gases).

Key terms used in the act

Eutrophication: Excess nutrient nitrogen (in the form of ammonia and nitrogen oxides) which disrupts plant communities, and leaches into fresh waters, leading in each case to a loss of biodiversity.
Tropospheric ozone: Ozone which is formed through chemical reactions between volatile organic compounds (VOCs) and nitrogen oxides (NOx) in the presence of sunlight and which accumulates at low altitudes.
Particulate matter: Fine dust emitted by certain human activities (primary particles) or which are formed in the atmosphere (secondary particles) from gases such as sulphur dioxide (SO2), nitrogen oxides (NOx) and ammonia (NH3). Particles differ in size: large particles (PM10) are between 2.5 and 10
m in diameter, while fine particles (PM2.5) are less than 2.5
m in diameter.
Volatile organic compounds (VOCs): Carbon-based chemical compounds emitted into the atmosphere from natural sources or as a result of human activities (e.g. the use of solvents, paints and varnishes, the storage of motor fuel and the use of motor fuel in filling stations, and vehicle exhaust gases).

Instrument for structural policy for pre-accession

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Instrument for structural policy for pre-accession

Outline of the Community (European Union) legislation about Instrument for structural policy for pre-accession

Topics

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

Enlargement > Enlargement 2004 and 2007

Instrument for structural policy for pre-accession

In order to prepare for the accession of the candidate countries from Central and Eastern Europe (CEECs), the European Union provides, through the structural pre-accession instrument, financial support in the area of economic and social cohesion, and in particular for environment and transport policies for the period 2000 – 2006.

Document or Iniciative

Council Regulation (EC) No 1267/1999 of 21 June 1999 establishing an Instrument for Structural Policies for Pre-accession [See amending acts]

Summary

The Commission communication on Agenda 2000 calls for measures to reinforce the pre-accession strategy for all the applicant countries in Central and Eastern Europe for the period 2000-06. This implies the establishment, by way of back-up for the Phare programme and aid for agricultural development, of a structural instrument for pre-accession (ISPA) (replaced by the instrument for pre-accession assistance – IPA – for the period 2007-2013).

Eligible Measures

Community assistance granted under ISPA is limited to programmes for the environment and transport.

Environment

Community financial assistance is granted to environmental projects that enable the beneficiary countries to comply with the requirements of Community environmental law and with the accession partnerships.

Transport

ISPA assistance is granted for transport infrastructure measures. The projects concerned promote sustainable mobility and above all

are of common interest based on the criteria laid down in Council Decision No 1692/96 (on Community guidelines for the development of the trans-European transport network);
enable the beneficiary countries to comply with the objectives of the accession partnerships. This includes interconnection and interoperability between national networks and the trans-European networks, as well as access to such networks.

The total cost of each measure cannot, in principle, be less than 5 million.

A balance must be struck between measures in the field of the environment and measures relating to transport infrastructure. Assistance may also be granted for:

preliminary studies related to eligible measures;
technical support measures, including information and publicity actions.

The selection and approval of projects are based on national transport and environmental programmes. These programmes are included in the national programme for the adoption of the Community acquis, which is one of the key elements of the accession partnerships.

Financial arrangements

An indicative allocation between beneficiary countries of the total Community assistance under ISPA is made by the Commission on the basis of the criteria of population, per capita GDP in purchasing power parities, and surface area.

Forms and rate of assistance

The rate of Community assistance granted under ISPA may be up to 75% of public or equivalent expenditure. The Commission may decide to increase this rate to up to 85%, in particular where it considers that a rate higher than 75% is required to implement projects essential for achieving the general objectives of ISPA. Preliminary studies and technical support measures may be financed in exceptional cases at 100% of the total cost.

Compatibility with other Community policies

Measures financed under ISPA comply with the provisions set out in the Europe Agreements, including the implementing rules on state aid.

The Commission is responsible for coordination and consistency between those measures and measures financed by other contributions from the Community budget, for instance in respect of cross-border, transnational and interregional cooperation, by the European Investment Bank.

Appraisal and approval of measures

The Commission adopts decisions on the measures to be financed under ISPA on the basis of applications for assistance submitted by beneficiary countries. Commission decisions approving measures determine the amount of financial assistance and lay down a financing plan together with all the provisions necessary for the implementation of the measures.

Management and control

The applicant countries are responsible for implementing projects under Commission supervision. In implementing the Regulation, the Commission ensures that the principles of sound financial management are adhered to.

Monitoring and evaluation

Monitoring of ISPA is carried out jointly by the beneficiary country and the Commission. More specifically, monitoring is carried out by reference to physical and financial indicators relating to the specific character of the project and its objectives.

References

Act	Entry into force – Expiry	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1267/1999 [adoption: consultation CNS/1998/0091]	29.06.1999 – 31.12.2006	–	OJ L 161 of 26.06.1999

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 2382/2001	07.12.2001	–	OJ L 323 of 07.12.2001
Regulation (EC) No 2500/2001	30.12.2001	–	OJ L 342 of 27.12.2001
Regulation (EC) No 769/2004	30.04.2004	–	OJ L 123 of 27.04.2004
Regulation (EC) No 2257/2004	02.01.2005	–	OJ L 389 of 31.12.2004
Regulation (EC) No 2112/2005	28.12.2005	–	OJ L 344 of 27.12.2005

Related Acts

Report from the Commission – General report on pre-accession assistance (PHARE – ISPA – SAPARD) in 2005 [COM(2006) 746 final – Not published in the Official Journal].

Report from the Commission – 2005 report on PHARE, pre-accession and transition instruments [COM(2007) 3 final – Not published in the Official Journal].

Report from the Commission – 2005 Annual Report on the Instrument for Structural Policy for Pre-Accession (ISPA) [COM(2006) 674 final – Not published in the Official Journal].

General report from the Commission to the European Parliament and to the Council of 24 March 2006 on pre-accession assistance Phare – Ispa – Sapard in 2004 [COM(2006) 137 final – Not published in the Official Journal].

Report from the Commission – 2004 Report on Phare, pre-accession and transition instruments [COM(2005) 701 final – Not published in the Official Journal]

Report from the Commission – Annual Report of the Instrument for Structural Policy for pre-accession (ISPA) 2004 [COM(2005) 612 – not published in the Official Journal]

Report from the Commission – Annual Report of the Instrument for Structural Policy for pre-accession (ISPA) 2003 [COM(2004) 735 – Official Journal C 10 of 14.01.2005]

Council Decision 2004/749/EC of 21 October 2004 outlining the general approach for the reallocation of resources under Regulation (EC) No 1267/1999 establishing an Instrument for Structural Policies for Pre-accession [Official Journal L 332 of 6.11.2004]
This Decision sets out the reallocation of ISPA resources between Bulgaria and Romania for the period 2004 to 2006.

Commission report – General report on pre-accession assistance (Phare-Ispa-Sapard) in 2002 [COM (2003) 844 final – Official Journal C 98 of 23.04.2004]

Commission Report – Annual report of the Instrument for Structural Policy for Pre-accession (ISPA) 2002 [COM (2003) 655 final – Official Journal C 96 of 21.04.2004]

Commission Report- General Report on pre-accession assistance (Phare – ISPA – Sapard) in 2001 [COM (2003) 329 final – Official Journal C 76 of 25.03.2004]

Commission report – General report on pre-accession assistance (Phare-Ispa-Sapard) in 2000 [COM (2002) 781 final – Not published in the Official Journal]

Commission Report – Annual report of the Instrument for Structural Policy for Pre-accession (ISPA) 2001 [COM(2002) 596 final – Not published in the Official Journal]

Commission Report – Annual report of the Instrument for Structural Policy for Pre-accession (ISPA) 2000 [COM(2001) 616 final – Not published in the Official Journal]

This summary is for information only and is not designed to interpret or replace the reference document.

Common objectives for voluntary activities

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Common objectives for voluntary activities

Outline of the Community (European Union) legislation about Common objectives for voluntary activities

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

Common objectives for voluntary activities

Document or Iniciative

Communication from the Commission to the Council of 30 April 2004 – Follow-up to the White Paper on a New Impetus for European Youth – Proposed common objectives for voluntary activities among young people in response to the Council Resolution of 27 June 2002 regarding the framework of European cooperation in the youth field [COM(2004) 337 final – Official Journal C 122 of 30.4.2004].

Summary

The overall objective of the proposal is to develop, facilitate, promote and recognise voluntary activities at all levels. On the basis of European Union (EU) countries’ replies to the questionnaire on voluntary activities at national level, the Commission has proposed four common objectives:

to develop the voluntary activities of young people with the aim of enhancing the transparency of existing opportunities, enlarging their scope and improving their quality;
to make it easier for young people to carry out voluntary activities by removing the existing obstacles;
to promote voluntary activities with a view to reinforcing young people’s solidarity and engagement as citizens;
to recognise voluntary activities of young people with a view to acknowledging their personal skills and their commitment to society.

In order to ensure that these objectives are properly transposed, the Commission proposes measures for each objective. These include the following:

strengthening voluntary organisations, stepping up exchanges of information, and extending the European Voluntary Service (EVS) within the Youth programme 2000-06;
simplifying legal, administrative, fiscal and social constraints, for example by exchanging information and best practice;
encouraging the participation of young people by disseminating information at all appropriate levels (local, regional, national, European), by encouraging closer cooperation between the various groups involved (young people, youth organisations, voluntary organisations, public authorities, private sector, etc.), and by putting an end to the exclusion of certain categories of young people;
guaranteeing recognition of voluntary activities by means of certificates, reward schemes and awards, by introducing at national level concepts such as National Volunteers Day and European Youth Week, and by consolidating projects such as Europass.

For the sake of clarity, the report also makes a distinction between the following concepts:

voluntary activity: includes all kinds of voluntary engagement;
voluntary service: voluntary activity characterised by the following aspects: fixed period; clear objectives, content, tasks, structure and framework; appropriate support; and legal and social protection;
civic service: voluntary service managed by or on behalf of the State, e.g. in the social field or in civil protection;
civilian service: an alternative to compulsory military service in some countries, but not voluntary.

The first European conference on civic service and youth was held in Rome on 28-29 November 2003. The conference was designed to allow an exchange of views, activities and national practices on the civic service of young people. Another objective of the conference was to identify ways of achieving closer cooperation between civic services at European level, including the EVS.

Under the open method of coordination, the Commission proposes that EU countries undertake to achieve all the objectives and submit reports on their national contributions by the end of 2006.

Background

Following the new framework for cooperation, which identified voluntary activities as a priority issue, the Commission sent a questionnaire to EU countries in order to ascertain their situations and their expectations at European level. It consulted the European Youth Forum and called on EU countries to ask for the opinions of young volunteers, youth organisations and volunteer organisations.

Related Acts

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

Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 14 February 2002 on the added value of voluntary activity for young people in the context of the development of Community action on youth [Official Journal C 50 of 23.2.2002].

European Commission White Paper of 21 November 2001 – A new impetus for European youth [COM(2001) 681 final – Not published in the Official Journal].

Recommendation of the European Parliament and of the Council of 10 July 2001 on mobility within the Community for students, persons undergoing training, volunteers, teachers and trainers [Official Journal L 215 of 9.8.2001].

Urban waste water treatment

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Urban waste water treatment

Outline of the Community (European Union) legislation about Urban waste water treatment

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

Urban waste water treatment

Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment [See amending acts].

Summary

Directive 91/271/EEC

This Directive concerns the collection, treatment and discharge of urban waste water and the treatment and discharge of waste water from certain industrial sectors. Its aim is to protect the environment from any adverse effects caused by the discharge of such waters.

Industrial waste water entering collecting systems and the disposal of waste water and sludge from urban waste water treatment plants are subject to regulations and/or specific authorisation by the competent authorities.

The Directive establishes a timetable, which Member States must adhere to, for the provision of collection and treatment systems for urban waste water in agglomerations corresponding to the categories laid down in the Directive. The main deadlines are as follows:

31 December 1998: all agglomerations of more than 10 000 “population equivalent”* (p.e.) which discharge their effluent into sensitive areas must have a proper collection and treatment system;
31 December 2000: all agglomerations of more than 15 000 p.e. which do not discharge their effluent into a sensitive area must have a collection and treatment system which enables them to satisfy the requirements in Table 1 of Annex I;
31 December 2005: all agglomerations of between 2 000 and 10 000 p.e. which discharge their effluent into sensitive areas, and all agglomerations of between 2 000 and 15 000 p.e. which do not discharge into such areas must have a collection and treatment system.

Annex II requires Member States to draw up lists of sensitive and less sensitive areas which receive the treated waters. These lists must be updated regularly.

The treatment of urban water is to be varied according to the sensitivity of the receiving waters.

The Directive lays down specific requirements for discharges from certain industrial sectors of biodegradable industrial waste water not entering urban waste water treatment plants before discharge to receiving waters.

Member States are responsible for monitoring both discharges from treatment plants and the receiving waters. They must ensure that the competent national authorities publish a situation report every two years. This report must also be sent to the Commission.

Member States must set up national programmes for the implementation of this Directive and must present them to the Commission.

The Directive also provides for temporary derogations.

Directive 98/15/EC

This Directive clarifies the rules relating to discharges from urban waste water treatment plants in order to put an end to differences in interpretation by the Member States.

It specifies, among other things, that:

the option of using daily averages for the total nitrogen concentration applies both to agglomerations of 10 000-100 000 p.e. and to those of more than 100 000 p.e.;
the condition concerning the temperature of the effluent in the biological reactor and the limitation on the time of operation to take account of regional climatic conditions only apply to the “alternative” method using daily averages;
use of the “alternative” method must ensure the same level of environmental protection as the annual mean technique.

Key terms used in the act
urban waste water means waste water from residential settlements and services which originates predominantly from the human metabolism and from household activities (domestic waste water) or a mixture of domestic waste water with waste water which is discharged from premises used for carrying on any trade or industry (industrial waste water) and/or run-off rain water; eutrophication means the enrichment of water by nutrients, especially compounds of nitrogen and/or phosphorus, causing an accelerated growth of algae and higher forms of plant life to produce an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned; population equivalent is a measure of pollution representing the average organic biodegradable load per person per day: it is defined in Directive 91/271/EEC as the organic biodegradable load having a five-day biochemical oxygen demand (BOD5) of 60 g of oxygen per day.

Key terms used in the act

urban waste water means waste water from residential settlements and services which originates predominantly from the human metabolism and from household activities (domestic waste water) or a mixture of domestic waste water with waste water which is discharged from premises used for carrying on any trade or industry (industrial waste water) and/or run-off rain water;
eutrophication means the enrichment of water by nutrients, especially compounds of nitrogen and/or phosphorus, causing an accelerated growth of algae and higher forms of plant life to produce an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned;
population equivalent is a measure of pollution representing the average organic biodegradable load per person per day: it is defined in Directive 91/271/EEC as the organic biodegradable load having a five-day biochemical oxygen demand (BOD5) of 60 g of oxygen per day.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 91/271/EEC	19.06.1991	30.06.1993	OJ L 135 of 30.05.1991

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 98/15/EC	27.03.1998	30.09.1998	OJ L 67 of 07.03.1998

Related Acts

Communication from the Commission of 22 March 2007 entitled: “Towards sustainable water management in the European Union – First stage in the implementation of the Water Framework Directive 2000/60/EC” [COM(2007) 128 final – Not published in the Official Journal].
In this report the Commission notes that in 2003 significant amounts of waste water were still not being treated adequately before being discharged into the surface waters of the Member States. The main problems singled out are the lack of appropriate treatment and the lack of designation of “sensitive areas”. In 2003, 17 cities with populations of over 150 000 did not have treatment systems. Significant financial investment is still needed in order for Member States to comply fully with the Directive.

Report from the Commission of 23 April 2004 on the implementation of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, as amended by Commission Directive 98/15/EC of 27 February 1998 [COM(2004) 248 final – Not published in the Official Journal].
This report looks at the application of the Directive at 31 December 2000. The Commission notes that, since the previous report, considerable efforts have been undertaken by Member States and improvements in the waste water treatment sector have been achieved in many countries. Significant improvements have been achieved in terms of the identification of sensitive areas and waste water infrastructure in those areas, but the Commission considers that less than 50% of the waste water load impacting on sensitive areas is receiving the appropriate level of treatment. Meanwhile, the number of cities with populations of over 150 000 without proper waste water treatment has fallen from 37 in 1998 to 25. Despite improvements having taken place, however, the Commission is concerned about the considerable delays in implementing the Directive and stresses that implementation will be a particular challenge for the new Member States.

Report from the Commission of 21 November 2001 on the implementation of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, as amended by Commission Directive 98/15/EC of 27 February 1998 [COM(2001) 685 final – Not published in the Official Journal].
This report looks at the application of the Directive at 31 December 1998. On that date, a total of 37 European cities with a population of more than 150 000 were discharging their waste water untreated into the natural environment. Another 57 were also discharging a large proportion of their effluent either untreated or without proper treatment.

Report from the Commission of 15 January 1999 on the implementation of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, as amended by Commission Directive 98/15/EC of 27 February 1998 [COM(98) 775 final – Not published in the Official Journal].

Production and marketing of eggs and chicks

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Production and marketing of eggs and chicks

Outline of the Community (European Union) legislation about Production and marketing of eggs and chicks

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

Production and marketing of eggs and chicks

The EU sets out rules for marketing and transporting chicks and eggs for hatching and for incubating eggs.

Proposal

Proposal of 16 November 2006 for a Council Regulation on the production and marketing of eggs for hatching and of farmyard poultry chicks.

Summary

The purpose of the proposed Regulation is to set out rules for marketing and transporting chicks and eggs for hatching, and for incubating hatching eggs.

The proposal does not cover small-scale operations, i.e. pedigree breeding and breeding establishments with less than 100 birds, and hatcheries with a capacity of less than 1 000 hatching eggs.

The establishments covered by the proposal have to register with their competent national authority, which then sends the information to the other Member States and the Commission.

Obligations as regards eggs for hatching

Operators must, among other things:

individually mark hatching eggs that will be used for supplying chicks;
transport hatching eggs in clean packs that contain eggs from only one species, one category and one type of poultry, originating in one establishment, and that bear the words “eggs for hatching ” in at least one Community language;
refrain from using for human consumption eggs that have been withdrawn from an incubator.

In addition, every hatchery has to record certain information (dates, distinguishing number and quantities) by species, category and type, and report to the national authority each month how many hatching eggs it has incubated and how many chicks it has hatched. The Member States then forward this information to the Commission.

For exports, certain additional details can be required. Eggs may be imported only if they are marked clearly and legibly with the name of the country of origin and the words “eggs for hatching”, and are presented appropriately (i.e. eggs of the same category, species and type, from the same country of origin and sender, with certain details on the packaging).

Obligations as regards chicks

Chicks have to be packed by species, type and category of poultry. Boxes may contain chicks from one hatchery only and must bear the hatchery’s reference number.

Imports must also comply with these rules and be transported in boxes containing chicks from one country of origin and one sender only, and bearing certain details.

Accompanying document

Movements of hatching eggs and chicks have to be accompanied by a document showing, for each consignment, the following minimum details:

the name or business name and address of the establishment, and its distinguishing number (or, in the case of imports, the country of origin);
the number of eggs for hatching or chicks, set out by species, category and type of poultry;
the date of dispatch;
the name and address of the consignee.

Background

The proposal seeks to consolidate and replace Regulation (EEC) No 2782/75: the change is one of form, aimed at bringing together the original regulation and subsequent amendments in one act, without altering the basic provisions.

References And Procedure

Proposal	Official Journal	Procedure
COM(2006) 694	–	Consultation CNS/2006/231

Related Acts

of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs [Official Journal L 303 of 31.10.1990].

The purpose of this Directive is to promote trade in poultry and hatching eggs within the Community by ironing out differences in animal health conditions between Member States and avoiding the spread of animal diseases.

of 29 October 1975 on the common organisation of the market in eggs [Official Journal L 282 of 1.11.1975].
The common market organisation (CMO) for eggs ensures stable prices and a reasonable standard of living for farmers by helping in the marketing of their produce and laying down arrangements for trade with other countries. Agricultural support, including the eggs CMO, underwent a complete overhaul with the June 2003 reform of the common agricultural policy (CAP) and the introduction of the single payment system. Eligible producers can now receive direct payments regardless of their level of production.

Rare diseases: Europe’s challenges

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Rare diseases: Europe’s challenges

Outline of the Community (European Union) legislation about Rare diseases: Europe’s challenges

Topics

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

Public health > Threats to health

Rare diseases: Europe’s challenges

The Commission proposes a strategic approach to improving the recognition of rare diseases and patient access to suitable treatment. It supports cooperation between the European Union (EU) Member States and the development of a network of experts made up of health professionals.

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 November 2008 on Rare Diseases – Europe’s challenges [COM(2008) 679 final – Not published in the Official Journal].

Summary

Rare diseases, 80% being genetic in origin, are defined as those diseases which affect not more than 5 per 10 000 persons in Europe. The limited number of patients accounts for the current low level of medical knowledge and expertise, even though these diseases can lead to the death or disability of the people affected.

This communication presents a comprehensive Community strategy aimed at supporting the recognition, prevention, management and treatment of rare diseases. The Commission encourages Member States to share their knowledge and resources in this field. The Commission will be assisted by the European Union Advisory Committee on Rare Diseases (EUACRD).

Identification and visibility

The Commission is contributing to the development of the International Classification of Diseases (ICD) developed by the World Health Organisation (WHO) and to the classification and codification of rare diseases in the new version of this classification. The Commission also supports the development of an evolving European database aimed at professionals and patients.

Information networks and European Reference Networks for rare diseases are essential means for exchanging best practice and epidemiological expertise.

Screening, diagnosis and prevention

Member States should be able to use comparable data with regard to the screening and primary prevention of rare diseases. Early diagnosis of diseases can be made using biological tests. The design and validation of these tests can be facilitated through the establishment of European reference networks of expert diagnostic laboratories.

Access to care

Member States are undertaking concrete measures to ensure the quality of and universal access to care, in particular by establishing centres of expertise at national and regional levels. Their activity could be extended to providing social services in order to improve the quality of life of patients.

Access to medication

National authorities should proceed with a joint scientific assessment of orphan medicinal products. Member States should adapt their pricing and reimbursement systems on the basis of this assessment.

The Commission requests that the European Medicines Agency (EMA) encourage a common approach to improving access to compassionate use programmes. These programmes allow the provision of new medicines before they have been approved and/or reimbursed.

Regulations applicable to medical devices should be adapted to the market for orphan medicinal products. The Commission should also provide for incentive measures to encourage pharmaceutical companies to develop new treatments.

e-Health

Information and Communication Technologies (ICTs) contribute to facilitating the exchange of scientific data. The telemedicine systems and services can enable professionals to share their expertise and to gain specialist knowledge.

Scientific research is supported by the 7^th Framework Programme, which funds the development of computer assisted modelling, in particular, with the aim of increasing knowledge of the physiological and pathological processes of rare diseases.

RELATED ACTS

Proposal for a Council recommendation of 11 November 2008 on a European action in the field of rare diseases[COM(2008) 726 final – Not published in the Official Journal].

This Proposal is based on the conclusions of the communication of 11 November 2008 which promotes a European strategic approach to rare diseases. In this context, the Council invites Member States to:

establish strategies and national plans before 2013 in order to ensure universal access to and the high quality of care;
adopt a European definition of rare diseases so that they can be referenced and coded more easily in care and reimbursement systems;
identify research priorities and ongoing projects, with particular regard to basic, clinical and translational research and enable patients to benefit from new therapeutic advances;
encourage the development of national and regional centres of expertise, cross-border care and expert networks;
adopt common methods in terms of screening, treatment and monitoring therapeutic techniques;
support the activities of parent associations;
ensure the viability of research infrastructures at national and European levels.

The Commission is invited to inform the Council on the progress of actions undertaken by Member States as part of the comprehensive strategy on rare diseases.