Tag Archives: AP

Application of certain EU competition rules to agricultural products

Outline of the Community (European Union) legislation about Application of certain EU competition rules to agricultural products

Topics

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

Agriculture > General framework

Application of certain EU competition rules to agricultural products

Document or Iniciative

Council Regulation (EC) No 1184/2006 of 24 July 2006 applying certain rules of competition to the production of and trade in certain agricultural products [See amending acts].

Summary

This regulation states that, except for certain exceptions detailed below, Articles 101 to 106 of the Treaty on the Functioning of the European Union (TFEU) (ex-Articles 81 to 86 of the Treaty Establishing the European Community (TEC)) apply to all agreements, decisions and practices referred to in Articles 101(1) and 102 TFEU (ex-Article 81(1) and 82 TEC) relating to the production of, or trade in, agricultural products.

There are three exceptions. These general rules do not apply to:

agreements, decisions and practices that form an integral part of a national market organisation;
agreements, decisions and practices that are necessary in order to attain the objectives of the common agricultural policy (CAP);
certain agreements, decisions and practices of farmers or farmers’ associations belonging to a single European Union (EU) country, provided such agreements do not introduce an obligation to charge identical prices, exclude competition or jeopardise the objectives of the CAP.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1184/2006	24.8.2006	–	OJ L 214, 24.6.2006

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1234/2007	23.11.2007	–	OJ L 299, 16.11.2007
Regulation (EC) No 361/2008	14.5.2008	–	OJ L 121, 7.5.2008
Regulation (EC) No 491/2009	24.6.2009	–	OJ L 154, 17.6.2009

Successive amendments and corrections to Regulation (EC) No 1184/2006 have been incorporated into the basic text. This consolidated versionis for reference only.

Applying the codecision procedure to maintenance obligations

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Applying the codecision procedure to maintenance obligations

Outline of the Community (European Union) legislation about Applying the codecision procedure to maintenance obligations

Topics

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

Justice freedom and security > Judicial cooperation in civil matters

Applying the codecision procedure to maintenance obligations

Document or Iniciative

Commission Communication of 15 December 2005 calling on the Council to provide for measures relating to maintenance obligations taken under Article 65 of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty [COM/2005/648].

Summary

The European Commission has called on the Council of the European Union to take a decision which would make it possible to apply the codecision procedure of Article 251 of the Treaty establishing the European Communities (“the EC Treaty”) to measures relating to maintenance obligations, which require a unanimous vote in the Council.

Making Article 251 applicable to maintenance obligations

Under the second indent of Article 67(2) of the Treaty, the Council, acting unanimously after consulting the European Parliament, may take a decision providing for all or parts of the areas covered by Title IV of the Treaty to be governed by the procedure referred to in Article 251.

Recovering maintenance claims: primarily a pecuniary claim

Despite close links between maintenance and family relations, the European Commission considers that the recovery of a maintenance claim does not go to the heart of family relations, unlike a decision on visiting rights or custody. Such a decision has a direct effect on the personal relationship between children and parents and thus affects the equilibrium of the family relationship, which is heavily influenced by the Member States’ differing legal and cultural traditions. A maintenance claim, on the other hand, is indeed a specific kind of claim but it remains a claim, an amount of money to be recovered. The recovery mechanisms that apply are the same as for any other pecuniary decision, such as an attachment on salaries and wages.

Moreover, if the codecision procedure applied in place of unanimity, it would be possible for rules specifically devoted to maintenance obligations to be subject to the same legislative procedure, with in particular the same prerogatives of the European Parliament, as applies to instruments such as the European enforcement order (EEO) Regulation, which established a common arrangement extending to maintenance claims like any other credit.

In view of the foregoing considerations, the Commission calls on the Council to decide that the procedure established by Article 251 of the Treaty is applicable to maintenance obligations with effect from 1 June 2006. Article 251 applies to opinions of the European Parliament received by the Council before that date on proposals concerning measures for which the Council takes a decision by the codecision procedure.

Adopting Community measures in civil matters

Since the Amsterdam Treaty entered into force on 1 May 1999, the European Community has been able to adopt measures in matters of judicial cooperation in civil matters with cross-border implications. The Council:

decides on proposals from the Commission;
acting unanimously after consulting the European Parliament, takes decisions providing for all or parts of the areas covered by this Title to be governed by the procedure referred to in Article 251 and adapting the provisions relating to the powers of the Court of Justice.

Denmark does not take part in the adoption of the decision. The United Kingdom and Ireland have notified their wish to take part in the adoption and application of the decision.

Under the second indent of Article 67(5) of the EC Treaty, as amended by the Treaty of Nice, in force since 1 February 2003, the measures provided for by Article 65 of the Treaty are to be adopted by the codecision procedure, with the exception of the aspects relating to family law.

Under the second indent of Article 67(2) of the Treaty, the Council, acting unanimously after consulting the European Parliament, is to take a decision providing for all or parts of the areas covered by Title IV of Part Three to be governed by the codecision procedure.

Judicial cooperation in civil matters has thus been governed by two separate procedures since the Treaty of Nice entered into force – the codecision procedure, which is now the standard procedure, and adoption by the Council, acting unanimously after consulting the European Parliament, which is the exceptional procedure for measures involving aspects relating to family law.

Applicable law and jurisdiction in matrimonial matters

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Applicable law and jurisdiction in matrimonial matters

Outline of the Community (European Union) legislation about Applicable law and jurisdiction in matrimonial matters

Topics

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

Justice freedom and security > Judicial cooperation in civil matters

Applicable law and jurisdiction in matrimonial matters (Proposal for a Regulation)

Proposal

Proposal for a Council Regulation of 17 July 2007 amending Regulation (EC) No 2201/2003 as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters [COM(2006) 399 final – Not published in the Official Journal].

Summary

The proposal, which was presented by the European Commission on 17 July 2006 following the Green Paper on applicable law and jurisdiction matters in divorce matters (FR), aims to provide a clear and comprehensive legal framework in matrimonial matters in the European Union. In view of the high divorce rate in the European Union (EU), the Commission hopes to enhance legal certainty, predictability, flexibility and access to court for “international couples” *, particularly as regards divorce and legal separation cases. Once it is adopted (consultation procedure CNS/2006/0135), the proposal will amend Regulation (EC) No 2201/2003.

The lack of Community rules – a source of legal uncertainty

There are currently no Community rules in the field of applicable law in matrimonial matters. Regulation (EC) No 2201/2003 of 27 November 2003 sets out rules on jurisdiction, recognition and enforcement of judgments in matrimonial matters. It does not, however, contain any rules in the field of applicable law.

Regulation (EC) No 2201/2003 allows spouses to choose between several alternative grounds of jurisdiction. When a matrimonial proceeding is brought before a court of a Member State, the applicable law is determined on the basis of the national conflict-of-law rules of that Member State. These rules are based on very different criteria when it comes to determining the applicable law in each case. Most Member States are familiar with the connection factor, whereby the proceeding is governed by the legal order with which it has the closest connection. Other Member States apply systematically their domestic laws (“lex fori”) to matrimonial proceedings.

The diversity of national rules on applicable law and differences in substantive law may lead to legal uncertainty in matrimonial proceedings of an international nature. This can make it very difficult for “international” couples to predict which law will apply to their matrimonial proceeding. For instance, a Maltese-Finnish couple, married under Belgian law but residing mainly in a non-EU country, may have some difficulty ascertaining which law will apply if they decide on a divorce.

Most Member States do not offer spouses the choice of applicable law. This may lead to a result that does not correspond to people’s legitimate expectations. In addition, current rules may lead one of the spouses to bring proceedings before a court ahead of the other spouse in order to ensure that the proceeding is governed by a particular law which safeguards his or her own interests (the “rush to court”).

Establishing common rules in matrimonial matters

With a view to providing a clear and comprehensive legal framework in matrimonial matters in the European Union, the Commission proposal is aimed at:

Improving legal certainty with harmonised conflict-of-law rules: The proposal introduces harmonised conflict-of-law rules in matters of divorce and legal separation. Under these rules, spouses will be able to choose the law applicable to their divorce or legal separation. The choice is, however, confined to laws with which the spouses have a close connection by virtue of their last common habitual residence if one of them still resides there, the nationality of one of the spouses, the law of the State of their previous habitual residence or the law of the forum. If the spouses do not themselves make the choice, the applicable law will be determined on the basis of a scale of connecting factors, beginning with the habitual residence of the spouses.
Increasing flexibility by introducing limited party autonomy: The proposal enables the spouses to choose the applicable law and competent court in proceedings concerning divorce and legal separation. This would make the existing legal framework more flexible as there is currently very little scope for party autonomy in matrimonial matters. That said, certain formal requirements do need to be respected to ensure that both spouses are aware of the consequences of their choice. The possibility of choosing the competent court does not apply to proceedings relating to marriage annulment.
Ensuring access to court: The proposal provides for the possibility of choosing the competent court in proceedings relating to divorce and legal separation (“prorogation”). This will facilitate access to court for spouses of different nationalities. The rule on prorogation applies regardless of whether the couple lives in a Member State or in a third country. The proposal also introduces a uniform and exhaustive rule on “residual jurisdiction” in order to enhance legal certainty and ensure access to court in matrimonial matters for spouses who live in a third country but would like to bring proceedings in a Member State with which they have a close connection.
Preventing a “rush to court” by one spouse: Establishing harmonised conflict-of-law rules as set out in this proposal should address the problem of a “rush to court” by one spouse, i.e. where one spouse applies for divorce before the other spouse has done so in order to ensure that the proceeding is governed by a law which safeguards his or her own interests. Harmonising the rules governing applicable law should significantly reduce the risk of this, as the applicable law would be the same in any court applied to within the European Union.

The proposed Regulation is intended to be of universal application, i.e. the conflict-of-law rule can designate the law of a Member State of the European Union or the law of a third country.

If the law designated by virtue of the Regulation is clearly contrary to public policy, the judge may, in exceptional circumstances, disregard its application.

Where the law of another Member State is applicable, the court may make use of the European Judicial Network in civil and commercial matters to obtain information on its contents.

Denmark is not participating in the adoption of this proposed Regulation by virtue of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community. Once the Regulation is adopted, Denmark will therefore not be bound by it or subject to its application. The United Kingdom and Ireland have stated that they do not wish to participate in the adoption and application of the proposed Regulation. They are entitled to this opt-out under the Protocol on the position of the United Kingdom and Ireland annexed to the same Treaties.

Key terms used in the act
international couple: couple consisting of spouses of different nationalities (e.g. a Spaniard and a Pole) or of spouses residing in different Member States (e.g. one in Luxembourg and the other in Germany) or in a Member States of which at least one of the two is not a national (e.g. an Italian living in Greece with his/her Greek spouse)

References And Procedure

Proposal	Official Journal	Procedure
COM(2006) 399 final	–	CNS/2006/0135

Related Acts

Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation [Official Journal L 343 of 29.12.2010].

Application of minimum reserves by the ECB

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Application of minimum reserves by the ECB

Outline of the Community (European Union) legislation about Application of minimum reserves by the ECB

Topics

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

Economic and monetary affairs > Institutional and economic framework of the euro

Application of minimum reserves by the ECB

Document or Iniciative

Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank [Official Journal L 318 of 27.11.1998] [See amending acts].

Summary

This Regulation ensures that the minimum reserve arrangements applicable to credit institutions and their branches in Member States are the same throughout the euro area. Minimum reserves as a monetary policy instrument are used mainly to stabilise interest rates and to dampen autonomous fluctuations in money market liquidity by adjusting reserve requirements. The Regulation first sets out definitions of the following terms:

institution: any entity in a participating Member State which the European Central Bank (ECB) may require to hold minimum reserves;
reserve ratio: such percentage of the basis for minimum reserves as the ECB may specify in accordance with Article 19.1 of its Statute. Reserve ratios must not exceed 10% of any relevant liabilities forming part of the basis for minimum reserves but may be 0%. This approach reflects the need to give the ECB the necessary flexibility to carry out its tasks and takes into account the reserve ratios imposed by the national central banks which currently require reserves to be set up. At the same time, the Regulation seeks to ensure that the system of minimum reserves is the same throughout the euro area. In this way, it will not lead to the relocation of credit institutions;
sanctions: fines, periodic penalty payments, penalty interest and non-interest-bearing deposits.

Giving practical effect to the ESCB Statute

The Regulation is necessary to give practical effect to Article 19.2 of the Statute of the European System of Central Banks (ESCB), which provides that “the Council shall define the basis for minimum reserves “(i.e. deposits, debt securities issued, money market instruments) “and the maximum permissible ratios between those reserves and their basis, as well as the appropriate sanctions in cases of non-compliance”.

Exemptions and collection of information

The ECB may, on a non-discriminatory basis, exempt institutions from minimum reserves in accordance with its own criteria. It has the right to collect and to verify the information necessary for the application of minimum reserves. The right to verify data includes the right to:

require the submission of documents;
examine the books and records of the institutions;
take copies or extracts from such books and records;
obtain written or oral explanations.

This right makes for a proper balance between the rights of the institutions subject to the obligations and the needs of the ECB in performing its tasks. The ECB may also delegate the exercise of these rights to the national banks.

Sanctions

Where institutions fail to meet the obligations laid down in the Regulation and ECB regulations or decisions associated with it, the ECB may impose one of the following sanctions:

a payment of up to 5 percentage points above the ESCB’s marginal lending rate applied to the amount of the minimum reserves which the relevant institution fails to provide;
a payment of twice the ESCB’s marginal lending rate applied to the amount of the minimum reserves which the relevant institution fails to provide;
the requirement for the relevant institution to establish a non-interest-bearing deposit with the ECB or the national central banks of up to three times the amount of the minimum reserves which the relevant institution fails to provide. The maturity of the deposit must not exceed the period during which the institution fails to hold the minimum reserves.

Entry into force

Article 5 of the Regulation, which concerns regulatory power (right to exempt institutions, basis for minimum reserves, reserve ratios), has been applicable from the date of entry into force of the Regulation, i.e. 27 November 1998. The other articles have been applicable since 1 January 1999, the date of entry into force of the third stage of economic and monetary union.

Regulation (EC) No 134/2002

This Regulation extends to two months the period for the Governing Council to take a decision in order to implement the review procedure referred to in Article 3 (7) of Regulation (EC) No 2532/98.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 2531/98	27.11.1998	–	OJ L 318 of 27.11.1998

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 134/2002	26.1.2002	–	OJ L 24 of 26.1.2002

Related Acts

Regulation (EC) No of the European Central Bank of 19 December 2008 concerning the balance sheet of the monetary financial institutions sector (Recast) [Official Journal L 15 of 20 January 2009].
Monetary financial institutions (MFI) are subject to the requirement to report on their consolidated accounts to the European Central Bank (ECB). These institutions are known as credit institutions or financial institutions that receive deposits, grant loans and make investments in securities for their own accounts. They are mainly central banks, credit institutions (which can be an electronic money institution within the meaning of Directive 2006/48/EC) and monetary collective investment undertakings (CIUs) or money market funds.

Monthly and annual statistical reporting is used to calculate the reserve base of the ECB. The reporting requirement can be reduced for small MFIs, MMFs and electronic money institutions, which are considered as non-financial corporations.

This Regulation establishes additional statistical reporting requirements for securitisation transactions and loan disposal (regarding the net flow of securitised or disposed of loans and the end-of-quarter and end-of-period amounts outstanding).

Regulation (EC) No of the European Central Bank of 12 September 2003 on the application of minimum reserves (ECB/2003/9) [Official Journal L 250 of 2.10.2003].
This Regulation lays down the definitions, the methods for calculating and creating obligatory reserves, and reporting and verification rules. It will replace Regulation (EC) No 2818/98 with effect from 23 January 2004 and with effect from 9 March 2004 for certain provisions of Article 5. The new Regulation groups together in a single text the provisions of the old regulation and the significant amendments thereto and introduces new amendments concerning:

the deposit of reserves in the national central banks of the euro area;
the methods for calculating and creating reserves;
the reporting and verification rules;
the timetable for the maintenance periods;
procedures for the notification and acknowledgement of minimum reserves.

See consolidated version ( )

Introduction of the euro

Decision of the European Central Bank of 28 October 2008 on the transitional provisions for the application of the minimum reserves by the European Central Bank following the introduction of the euro in Slovakia (ECB/2008/14).

Regulation (EC) No 1348/2007 of the European Central Bank of 9 November 2007 concerning transitional provisions for the application of minimum reserves by the European Central Bank following the introduction of the euro in Cyprus and Malta (ECB/2007/11).

Regulation (EC) No of the European Central Bank of 2 November 2006 concerning transitional provisions for the application of minimum reserves by the European Central Bank following the introduction of the euro in Slovenia(ECB/2006/15).

Regulation (EC) No of the European Central Bank of 2 November 2000 concerning transitional provisions for the application of minimum reserves by the European Central Bank following the introduction of the euro in Greece (ECB/2000/11) [Official Journal L 291 of 18.11.2000].

Application of the Aarhus Convention to the EU institutions

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Application of the Aarhus Convention to the EU institutions

Outline of the Community (European Union) legislation about Application of the Aarhus Convention to the EU institutions

Topics

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

Environment > General provisions

Application of the Aarhus Convention to the EU institutions

Document or Iniciative

Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies.

Summary

The European Union applies the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters to its own institutions and bodies.

Access to environmental information

The institutions and bodies of the Union process all requests for access to environmental information held by them in accordance with Regulation (EC) No 1049/2001.

Besides providing access to environmental information on request, the institutions and bodies of the Union also collect and disseminate such information.

They organise environmental information in their field of competency and make it systematically accessible to the public, particularly in databases disseminated by computer telecommunications or by other electronic means.

These databases or registers should include:

texts of international treaties, conventions or agreements, and of European legislation relating to the environment, and of policies, plans and programmes relating to the environment;
steps taken in proceedings for infringements of Community law from the stage of the reasoned opinion;
reports on the state of the environment;
data derived from the monitoring of activities affecting, or likely to affect, the environment;
authorisations with a significant impact on the environment;
environmental impact studies and risk assessments concerning environmental elements.

Environmental information made available for public consultation must be up-to-date, accurate and comparable. On request, Union institutions and bodies must inform the public how to access existing information and of methods of analysis, sampling and pre-treatment of samples used in compiling the information.

Where a Union institution or body receives a request for access to environmental information which it does not hold, it must inform the applicant, as promptly as possible, of the institution, body or public authority which holds the information requested. The institution receiving the request may also transfer it directly to the competent authority.

In the event of an imminent threat to human health or the environment, Union institutions and bodies must collaborate with the public authorities and assist them in disseminating without delay to the public all information held by them which could prevent or mitigate harm arising from the threat.

A report on the state of the European environment should be published at least every four years. It should include information on the quality of, and pressures on, the environment.

Public participation in the preparation of environmental plans and programmes

Union institutions and bodies shall provide the public with an opportunity to participate in the preparation of environmental plans and programmes. Due account is taken of the results of public participation in the final decisions.

Access to justice in environmental matters

Qualified entities (associations, groups and organisations concerned with environmental protection and recognised by a Member State) entitled to exercise the right to take legal action if they consider that an administrative act or an omission by a Union institution or body is in breach of environmental law, are entitled to make a request for internal review to the institution or body in question. The request must be submitted in writing no more than six weeks from the adoption of the act. The institution or body must publish a written decision and the reasons for it, no later than twelve weeks later. The decision should describe the measures to be taken in order to conform with environmental law, or indicate that the request has been rejected.

If the qualified entity which made the request considers that the decision of the Union institution or body does not guarantee conformity with environmental law, it may institute proceedings before the Court of Justice of the European Union. The entity may also take such action if the institution fails to communicate its decision within the specified period.

Qualified entitles are entitled to take legal action without having to demonstrate the impairment of a right or a sufficient interest when they have been recognised and when the subject matter is covered by their statutory activities.

Background

The European Community signed the Aarhus Convention on 25 June 1998 and ratified it on 17 February 2005. All Member States except Ireland are also Parties to the Convention.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1367/2006	28.9.2006	–	OJ L 264 of 25.9.2006

Approval of explosives intended for civilian use

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Approval of explosives intended for civilian use

Outline of the Community (European Union) legislation about Approval of explosives intended for civilian use

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

Justice freedom and security > Fight against terrorism

Approval of explosives intended for civilian use

Document or Iniciative

Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses [Official Journal L 121 of 15.05.1993] [See amending acts].

Summary

This Directive concerns the placing on the market and supervision of explosives for civilian use *. It does not apply to:

explosives, including ammunition, intended for military or police use;
pyrotechnic articles.

Placing on the market and CE marking

Explosives for civilian use may be placed on the market only if they comply with the essential safety requirements set out in the Directive.

Explosives which fall within the scope of this Directive may be placed on the market only if they:

comply with all provisions of the Directive;
have been assessed regarding their conformity with the essential safety requirements;
have the “CE” marking affixed to them.

Where a Member State establishes that an explosive bearing CE conformity marking and being used for its intended purpose may compromise safety, it shall take all interim measures necessary to withdraw the explosive from the market or prohibit its being placed on the market or its freedom of movement.

Essential requirements

Any explosive must be designed, manufactured and supplied in such a way as to present a minimal risk to the safety of human life and health, and to prevent damage to property and the environment.

Supervision of transfers of explosives

Approval to transfer explosives must be obtained by the consignee from the recipient competent authority. The competent authority verifies that the consignee is legally authorised to acquire explosives and that he is in possession of the necessary licences or authorisations. The person responsible for the transfer must notify the competent authorities of the transit Member State or Member States of movements of explosives through this State or these States.

Harmonised standards and notified bodies

Explosives falling within the scope of this Directive which comply with the European harmonized standards are considered to be in conformity with the essential safety requirements.

Conformity assessment

The Directive lays down different procedures for assessing the conformity of explosives for civilian use with the essential requirements, to be followed at the choice of the manufacturer. The Member States inform the Commission of the bodies which they have appointed to carry out the procedures for assessing conformity.

Key terms used in the act
Explosives for civilian use: the materials and articles considered to be such in the “United Nations recommendations on the transport of dangerous goods” and falling within Class 1 of those recommendations.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 93/15/EEC	1.1.1995	30.6.1994	OJ L 121 of 15.5.1993

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1882/2003	20.11.2003	–	OJ L 284 of 31.10.2003
Regulation (EC) No 219/2009	20.4.2009	–	OJ L 87of 31.3.2009

Successive amendments and corrections to Directive 93/15/EEC have been incorporated in the basic text. This consolidated versionis for reference purpose only.

Related Acts

Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses [Official Journal L 94 of 5.4.2008].
This Directive establishes a harmonised system for the unique identification and traceability of explosives intended for civilian use. Member States must ensure that companies which manufacture or import explosives, and those which assemble detonators mark these products with a unique identification. As a minimum, each product must have an alphanumerical code that identifies the country and production site, in addition to a corresponding bar code or matrix code.
Companies must also keep a record of all unique identification numbers and the location where each explosive is stored until it is transferred or used.
Member States must transpose the Directive by 5 April 2009. The provisions of the Directive will come into effect on 5 April 2012.

Commission Decision 2004/388/EC of 15 April 2004 on an intra-Community transfer of explosives document [Official Journal L 120 of 24.4.2004].
This Decision draws up a model document for the transfer of explosives, which is set out in the Annex. Its aim is to facilitate such transfers between Member States, with the exception of ammunition.
See consolidated version

Commission Directive 2004/57/EC of 23 April 2004 on the identification of pyrotechnic articles and certain ammunition for the purposes of Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses [Official Journal L 127 of 29.4.2004].
Pyrotechnic articles are expressly excluded from the scope of Directive 93/15/EEC. However, certain products have a dual function, since it is possible to use them either as explosives or as pyrotechnic articles. In order to ensure that Directive 93/15/EEC is applied consistently, the Directive classifies the products in question by their predominant nature.

A paperless environment for Customs and Trade

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A paperless environment for Customs and Trade

Outline of the Community (European Union) legislation about A paperless environment for Customs and Trade

Topics

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

Customs

A paperless environment for Customs and Trade

Document or Iniciative

Decision No 70/2008/EC of the European Parliament and the Council of 15 January 2008 on a paperless environment for customs and trade [Official Journal L 23/21 of 26.1.2008].

Summary

This decision is intended to promote electronic customs in the EC.

Objectives

Following the Commission’s 2003 communication on creating a simple and paperless environment for customs and trade, the Commission is proposing to set up secure, integrated, interoperable and accessible electronic customs systems.

Customs systems supply pan-European e-government services which facilitate imports and exports, by reducing costs and coordinating procedures. They also provide for the exchange of data between the customs administrations of the Member States, traders and the Commission. Supply chain logistics and customs processes are thereby improved and facilitated.

Measures

If the objectives set out in the decision are to be met, it will be necessary to:

harmonise the exchange of information;
review customs processes with a view to optimising their efficiency and effectiveness;
offer traders a wide range of electronic customs services.

The Commission’s role

The Commission will coordinate:

the setting-up, testing, operation, and maintenance of the Community components of the computerised systems;
the systems and services set out in this proposal with other projects concerning e-government services;
the parallel development of national and Community elements;
automatic customs services and single window services at a Community level;
the completion of the tasks allocated to it under the multiannual strategic plan;
training needs.

The Commission will monitor progress with regard to the Customs Policy Group. In addition, the Commission will initiate regular consultations with the economic stakeholders concerned.

Role of the Member States

The Member States will ensure the following:

the setting-up, testing, operation, and maintenance of the national components of the computerised systems;
the coordination of the systems and services provided for in this decision with other relevant projects relating to e-government at national level;
the completion of the tasks allocated to them under the multiannual strategic plan;
the promotion and implementation at national level of electronic customs services and single window services;
training for officials.

Timetable for automated customs services

The decision contains a list of systems and databases and sets out the timetable for their implementation. It makes provision for single window services within six years.

Financing

The action programme for customs in the Community (Customs 2007) covers the sharing of financing for the IT projects, based on their Community or national character. Cost-sharing models shall be developed by the Member States.

BACKGROUND

The implementing measures have been updated several times. They were last updated by Regulation (EC) No 450/2008, which provides for the use of information and communication technologies by the customs administrations.

This decision is connected with the initiative on the interoperable delivery of pan-European e-government services to public administrations, businesses and citizens (IDABC); it also follows directly on from the e-Europe programme and the e-Government programme (government on-line services).

References

Act	Entry into force	Transposition Deadline for Member States	Official Journal
Decision 70/2008/EC	15.2.2008	–	OJ L 23, 26.1.2008

Related Acts

Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) [Official Journal L 145, 4.6.2008].

Appliances burning gaseous fuels

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Appliances burning gaseous fuels

Outline of the Community (European Union) legislation about Appliances burning gaseous fuels

Topics

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

Internal market > Single Market for Goods > Construction

Appliances burning gaseous fuels

Document or Iniciative

Directive 2009/142/EC of the European Parliament and of the Council of 30 November 2009 relating to appliances burning gaseous fuels (Text with EEA relevance).

Summary

This Directive defines the rules applying to the following gas appliances and fittings:

appliances burning gaseous fuels used for cooking, heating, hot water production, refrigeration, lighting or washing and having a normal water temperature not exceeding 105 °C;
safety equipment, such as in particular safety devices, controlling devices and regulating devices.

These appliances must be designed and built in such a way as to operate safely and present no danger to persons, domestic animals or property.

When placed on the market, all appliances must be accompanied by:

technical instructions for the installer, giving details of the type of gas and supply pressure used, the flow of fresh air required, as well as the conditions for the dispersal of combustion products;
instructions for use and servicing intended for the user which give the information required for safe installation;
warnings indicating the type of gas, the supply pressure and any restrictions on use.

Manufacturers must guarantee the safety of the properties of materials.

The manufacturer must lodge an application for type-examination with the notified body * including:

the manufacturer’s name and address;
a written declaration;
design documentation.

Where the application satisfies the criteria laid down by this Directive, the notified body must issue an EC type-examination certificate to the applicant.

EC surveillance ensures that the manufacturer duly fulfils the obligations arising out of the approved quality system.

The manufacturer may also make an EC declaration of conformity to type *.

The gas appliance or installation must include the following inscriptions:

the manufacturer’s name or identification symbol;
the trade name of the appliance;
the type of electrical supply used;
the appliance category;
the last two digits of the year in which the “CE” marking was affixed.

This Directive repeals Directive 90/396/EC.

Key terms of the Act
Notified body: provides conformity assessment services under the conditions laid down by directives. This is a service to manufacturers in the public interest; EC declaration of conformity to type: product quality assurance, a notified body assesses and checks the manufacturer’s quality systems.

Reference

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2009/142/EC	5.1.2010	–	OJ L 330 of 16.12.2009

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.

Approximation of the laws of the Member States

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Approximation of the laws of the Member States

Outline of the Community (European Union) legislation about Approximation of the laws of the Member States

Topics

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

Justice freedom and security > Combating drugs

Approximation of the laws of the Member States (2)

To more effectively coordinate and improve the European Union’s strategy for combating illicit drug-trafficking and in particular to improve cooperation in criminal matters in this area.

2) Document or Iniciative

Council Resolution 97/C 10/02 of 20 December 1996 on sentencing for serious drug-trafficking [Official Journal C 10 of 11.1.1997].

3) Summary

Member States will ensure that their national laws provide for the possibility of custodial sentences for serious illicit trafficking in drugs that are within the range of the most severe custodial penalties imposed by their respective criminal law for crimes of comparable gravity.

The factors which might be taken into account regarding custodial penalties that might be applicable in relation to serious drug-trafficking could include, among other factors:

the extent of the trafficking,
the extent to which the person concerned has profited from the illicit traffic,
the involvement in the offence of an organised criminal group to which the offender belongs,
the extent to which the offender has control of the drug-trafficking organisation,
the victimisation or use of minors.

4) Implementing Measures

5) Follow-Up Work

Another Normative about Approximation of the laws of the Member States

Topics

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

Justice freedom and security > Combating drugs

Approximation of the laws of the Member States (1)

Document or Iniciative

Joint Action 96/750/JHA adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the approximation of the laws and practices of the Member States of the European Union to combat drug addiction and to prevent and combat illegal drug trafficking [Official Journal L 342 of 31 12 1996].

Summary

The Member States are to undertake to cooperate fully in the fight against drug addiction and endeavour to approximate their laws to make them mutually compatible to the extent necessary to prevent and combat illegal drug trafficking in the Union.

The Member States are to endeavour to make the practices of their police, customs services and judicial authorities more compatible with each other, thus making for closer European cooperation to prevent and combat illegal drug trafficking the Union.

The Member States are to undertake to combat illicit movements of narcotic drugs and psychotropic substances within the Community, including “drug tourism”.

The Member States are to ensure that under their legal systems the penalties imposed for serious drug trafficking are among the most severe available for crimes of comparable gravity.

The Member States are to endeavour to draft convergent legislation to the extent necessary to make up legal ground or fill legal vacuums as regards synthetic drugs. In particular, they will promote the establishment of a rapid information system to enable such drugs to be identified as substances liable to be prohibited as soon as they appear anywhere in a Member State.

The Member States are to undertake to adopt the necessary measures to effect a tangible increase in operational cooperation between police, customs services and judicial authorities in combating drug addiction and preventing and combating illegal drug trafficking.

The Member States are to ensure that their obligations under the United Nations Conventions on narcotic drugs and psychotropic substances of 1961, 1971 and 1988 are applied strictly and effectively.

The Member States are to undertake to take the most appropriate steps to combat the illicit cultivation of plants containing active ingredients with narcotic properties.

The Member States are to undertake, subject to their constitutional principles and the basic concepts of their legal systems, to make it an offence publicly and intentionally to incite or induce others, by any means, to commit offences of illicit use or production of narcotic drugs. They will be especially vigilant as regards the use made of on-line data services, in particular the Internet.

The Member States may maintain or introduce into their territory any additional measure they deem appropriate to fight drug addiction.

Related Acts

Note from the Council of 22 November 2004 on the EUfor the period 2005-2012 [15074/04 – Not published in the Official Journal].

of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking.

of 20 December 1996 on sentencing for serious drug-trafficking [Official Journal C 10 of 11.1.1997].

A programme for clean and competitive SMEs

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A programme for clean and competitive SMEs

Outline of the Community (European Union) legislation about A programme for clean and competitive SMEs

Topics

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

Enterprise > Interaction between enterprise policy and other policies

A programme for clean and competitive SMEs

Document or Iniciative

Communication of 8 October 2007 from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions, entitled: “Small, clean and competitive – A programme to help small and medium-sized enterprises comply with environmental legislation” [COM(2007) 379 – Not published in the Official Journal].

Summary

Small and medium-sized enterprises (SMEs) represent 99 % of all enterprises and 57 % of economic added value in the European Union (EU), yet they fail to apply a significant number of European environmental laws. This happens either because they fall below the thresholds that trigger the application of these laws, or because they are unaware of their impact on the environment and of the legislation applicable to their activities.

This situation has adverse effects on the competitiveness of SMEs, which don’t reap the economic benefits associated with better environmental management and eco-innovation, and also on the environment and the health and safety of workers.

To help SMEs adopt sustainable production methods and business practices, the Commission aims to increase SME compliance with environmental legislation by reducing the costs involved, increasing the eco-efficiency of SMEs and enhancing their eco-innovation and competitiveness.

This action plan entails improving legislation, adapting environmental management tools, providing SMEs with financial assistance, building local expertise and improving communication and information. The Commission and Member States must regularly review the programme’s implementation, whose initial assessment will take place by 2010.

Better regulation

Measures that can be taken to improve the design and implementation of legislation include streamlining administrative procedures in order to cut costs, grouping and disseminating best practices for meeting environmental obligations, for instance via initiatives such as BEST, working with implementation authorities such as the IMPEL Network and consulting with SMEs in policy-making and policy implementation.

Tailoring environmental management schemes to SMEs

The Commission encourages the application of the environmental management and audit system (EMAS). In particular, it intends to extend this system to a given industrial cluster or sector, and to develop tools such as EMAS-Easy to facilitate its implementation. Furthermore, it plans to reduce the red tape involved in dealing with EMAS in order to encourage European companies to use it. .

Providing appropriate and sustainable financial assistance

To facilitate investment in eco-efficient processes, SMEs can receive European funding and aid through programmes such as LIFE+, the Competitiveness and Innovation Framework Programme and the new instruments of the Cohesion Policy 2007-2013, such as the ERDF, the Cohesion Fund and the European Social Fund. The Commission plans to publish a handbook on new funding opportunities for businesses.

In addition, Community regulations on State aid make it possible for Member States to financially assist businesses that comply with and even improve on the EU’s environmental legislation.

Building local expertise

The Commission plans to build capacity to support SMEs in the Member States by organising training seminars on how to find information and on the legal requirements and the benefits of improved environmental performance. The Euro Info Centres (EIC) Network and, from 2008, the new network in support of business and innovation, integrating the services of EICs and the Innovation Relay Centres (IRCs), will support the efforts of the Commission by promoting partnerships and working actively with SMEs.

Improved communication and more targeted information

A multilingual website should be established to provide SMEs with information on the implementation of laws, management tools, funding opportunities, good practices and so on. The Commission also intends to develop guidelines for SMEs to help them control their impact on the environment.