Tag Archives: DA

Danube – Black Sea region

Danube – Black Sea region

Outline of the Community (European Union) legislation about Danube – Black Sea region

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

Danube – Black Sea region

Highlight actions to be taken to improve environmental quality in the Danube – Black Sea region and the outline of a strategy aimed at protecting the environment of the region.

2) Document or Iniciative

Communication from the Commission: Environmental cooperation in the Danube – Black Sea region [COM (2001) 615 final – Not published in the Official Journal].

3) Summary

The Danube and the Black Sea constitute the largest non-oceanic body of water in Europe. With enlargement, many of the Danube countries became members of the European Union (EU) and the Black Sea became a coastal area of the EU. As the environmental situation in the region is extremely critical, a strategy is required to rectify it. If this strategy is to be effective, there has to be cooperation between all the countries of the region.

Cooperation before the communication

The Convention on cooperation and protection and sustainable use of the Danube River and the Convention on the protection of the Black Sea against pollution are the current instruments for environmental cooperation. The communication considers that they should be reinforced and that they should form the basis for environmental cooperation in the region.

The European Community is a party to the Danube Convention and the Commission has observer status regarding the Convention on the Black Sea. The Community’s PHARE and TACIS programmes also support environmental projects in the region. Annex 2.3 to the communication lists EU environmental projects carried out in the region.

Main environmental problems in the region

Eutrophication (over-enrichment of the water with organic matter, especially algae, produced by excessive discharges of nutrients) is one of the main environmental problems in both the Danube and the Black Sea. This phenomenon has adverse effects on the biodiversity of the water, wetlands, the surrounding forests, human health and fisheries. Much of the nutrients (nitrogen and phosphorus) discharged into the water come from agriculture.

Competition for water in the Danube is also a problem, as is over exploitation of surface and groundwater, contamination with hazardous substances and accidental pollution and degradation and loss of wetlands.

Discharge of waste water, oil pollution in the coastal areas and loss of biodiversity including fish stocks are the most serious problems in the Black Sea.

Environmental objectives

The Commission states that the long-term goal is to reduce the levels of nutrients and other hazardous substances in the water in order to allow the ecosystems to recover. The intermediate goal is to implement measures to avoid discharges of nitrogen and phosphorus to the Black Sea (including via the Danube) exceeding 1997 levels.

Other important objectives are mentioned in the communication: protecting and enhancing the status of ecosystems, promoting sustainable water use, reducing pollution of groundwater and mitigating the effects of floods and droughts. The importance of applying the principles of integrated coastal zone management is also underlined.

Actions to achieve the environmental objectives

There are three type of action envisaged in the communication:

  • establishment of an operational framework for the entire region: the Commission stresses the urgent need to assist the two existing Conventions on environmental matters and to promote regional cooperation. The communication provides for the establishment of a Task Force and a joint Danube – Black Sea working group. Following this communication, the DABLAS Task Force was set up in November 2001;
  • improved integration of Danube – Black Sea priorities into EU sectoral policies: the Commission will assist in the implementation of the guiding principles of the EC Water Framework Directive and in the conclusion of cooperation agreements for other rivers flowing into the Black Sea. It will promote research in the sector and the ratification of other environmental conventions by the countries of the region and will examine closely the environmental efforts made by Romania;
  • more efficient financial assistance: the Commission will take account of environmental matters in all projects financed by the EU in the area and will attempt to encourage the financial institutions to increase investments. It will study the possibility of the countries of the region one day participating in the LIFE programme.

4) Implementing Measures

5) Follow-Up Work

 

Data protection in the electronic communications sector

Data protection in the electronic communications sector

Outline of the Community (European Union) legislation about Data protection in the electronic communications sector

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 services

Data protection in the electronic communications sector

Document or Iniciative

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) [See amending acts].

Summary

Directive 2002/58/EC forms part of the “Telecoms Package”, a new legislative framework designed to regulate the electronic communications sector and amend the existing regulations governing the telecommunications sector. The “Telecoms Package” includes four other Directives on the general framework, access and interconnection, authorisation and licensing and the universal service. The “Telecoms Package” was amended in December 2009 by the two Directives “Better law-making” and “Citizens’ rights”, as well as by the establishment of a body of European regulators for electronic communications (BEREC).

This Directive principally concerns the processing of personal data relating to the delivery of communications services.

Processing security

The provider of an electronic communications service must protect the security of its services by:

  • ensuring personal data is accessed by authorised persons only;
  • protecting personal data from being destroyed, lost or accidentally altered;
  • ensuring the implementation of a security policy on the processing of personal data.

In the case of an infringement of personal data, the service provider must inform the person concerned, as well as the National Regulatory Authority (NRA).

Confidentiality of communications

The Directive reiterates the basic principle that Member States must, through national legislation, ensure the confidentiality of communications made over a public electronic communications network. They must in particular prohibit the listening into, tapping and storage of communications by persons other than users without the consent of the users concerned. The subscriber or user who stores their information must first be informed of the purposes of the processing of their data. They have the option to withdraw their consent on the processing of traffic data.

Data retention

The Directive determines that traffic data and location data must be erased or made anonymous when they are no longer required for the conveyance of a communication or for billing, except if the subscriber has given their consent for another use. On the sensitive issue of data retention, the Directive stipulates that Member States may withdraw the protection of data only to allow criminal investigations or to safeguard national security, defence and public security. Such action may be taken only where it constitutes a “necessary, appropriate and proportionate measure within a democratic society”.

In order to ensure the availability of communication data for the purpose of investigation, detection and prosecution of criminal offences, the Directive lays down provisions for the retention of data.

Unsolicited communications (“spamming”)

The Directive takes an “opt-in” approach to unsolicited commercial electronic communications, i.e. users must have given their prior consent before such communications are addressed to them. This opt-in system also covers SMS text messages and other electronic messages received on any fixed or mobile terminal. However, exceptions are provided.

Cookies

The Directive states that users must give their consent for information to be stored on their terminal equipment, or that access to such information may be obtained. In order to do this, users must receive clear and comprehensive information about the purpose of the storage or access. These provisions protect the private life of users from malicious software, such as viruses or spyware, but also apply to cookies.

Cookies are hidden information exchanged between an Internet user and a web server, and are stored in a file on the user’s hard disk. Their original purpose was to retain information between sessions. They are also a useful and much decried tool for monitoring a net surfer’s activity.

The Directive encourages the use of methods, which are as user-friendly as possible, see effective technical tools.

Public directories

European citizens must give prior consent in order for their telephone numbers (landline or mobile), e-mail addresses and postal addresses to appear in public directories.

Controls

Member States must implement a system of penalties, including legal sanctions in the case of infringements to the provisions of this Directive, and ensure that the national competent authorities have at their disposal the necessary powers and resources to monitor and control compliance with the national provisions adopted during the transposition of this Directive.

References

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

Directive 2002/58/EC

30.07.2002

31.10.2003

OJ L 201 of 31.07.2002

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

Directive 2006/24/EC

3.5.2006

15.9.2007

OJ L 105 of 13.04.2006

Directive 2009/136/EC

19.12.2009

25.5.2011

OJ L 337 of 18.12.2009

Related Acts

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data [Official Journal L 281/31 of 23.11.95].
This Directive is the reference text, at European level, on the protection of personal data. It sets up a regulatory framework which seeks to strike a balance between a high level of protection for the privacy of individuals and the free movement of personal data within the EU.

Regulation 45/2001/EC of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data [Official Journal L 8 of 12.01.2001]
This Regulation aims to protect personal data within EU institutions and bodies. The text provides for rules to ensure a high level of protection for personal data processed by the Community institutions and bodies and the creation of an independent supervisory body to monitor the application of these rules.

Dangers arising from ionising radiation

Dangers arising from ionising radiation

Outline of the Community (European Union) legislation about Dangers arising from ionising radiation

Topics

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

Energy > Nuclear energy

Dangers arising from ionising radiation

Document or Iniciative

Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation.

Summary

Title I defines all of the technical terms to be found in the document.

The Directive applies to all practices which involve a risk from ionising radiation, either from an artificial source or from a natural source where natural radionuclides are processed because of their radioactive, fissile or fertile properties.

Each Member State must require the use of these practices to be reported, except in exceptional cases as specified in the Directive.

Each Member State must require prior authorisation to be obtained for practices that may involve a risk of ionising radiation, subject to the exceptions provided for in the Directive.

Prior authorisation is required for the disposal, recycling or reuse of radioactive substances or materials containing radioactive substances resulting from any practice subject to compulsory reporting or authorisation, unless the clearance levels established by the competent national authorities are complied with.

Before they are adopted or approved for the first time, Member States must ensure that all new classes or types of practices resulting in exposure to ionising radiation are justified on the basis that their economic, social or other benefits outweigh any adverse effects they may have on health.

Member States shall not permit radioactive substances to be deliberately added during the production of foodstuffs, toys, personal ornaments or cosmetics, neither shall they permit such goods to be imported or exported.

Where appropriate, efforts to ensure optimum radiological protection should include dose constraints.

Persons under the age of 18 may not be assigned to any work which would make them exposed workers.

The effective dose for exposed workers is limited to 100 mSv over a period of five consecutive years and must not exceed 50 mSv in any one year.

As soon as a pregnant woman or nursing mother informs an undertaking of her situation, she may not be assigned to work involving a significant risk of bodily radioactive contamination.

In exceptional circumstances, excluding radiological emergencies, to be evaluated on a case-by-case basis, the competent authorities may, where specific operations so require, authorise a certain number of designated workers to exceed the individual occupational exposure limits.

Each Member State must take reasonable steps to ensure that the contribution made by each practice to the exposure of the population as a whole is kept as low as reasonably achievable in view of the economic and social factors. The total of all such contributions must be assessed regularly.

The Directive establishes exposure prevention measures:

  • the competent authorities must draw up appropriate guidelines for classifying controlled and supervised areas in a given situation, and undertakings must monitor working conditions closely within these areas;
  • Member States must require undertakings to provide information to workers who fall into either of the two distinct categories of exposed workers;
  • the undertaking is responsible for assessing and implementing arrangements for the radiological protection of exposed workers.

Exposure assessment involves monitoring the workplace (measuring external dose rates and indicating the nature and quality of the radiation in question, as well as measuring the air concentration and surface density of contaminating radioactive substances and indicating their nature and their physical and chemical states), monitoring the individual (systematic for the most exposed workers) and monitoring in the event of accidental or emergency exposure.

The medical surveillance of exposed workers is to be based on the principles that govern occupational medicine generally.

Each Member State must determine the procedure for appealing against findings and decisions made on the basis of the Directive.

Each Member State must:

  • establish one or more systems for carrying out inspections in order to enforce the provisions introduced under the Directive, as well as to initiate monitoring and intervene whenever necessary;
  • require workers to be given access, at their request, to the results of any individual monitoring relating to them;
  • require the necessary means for proper radiation protection to be made available to the units responsible.

Each Member State must create the conditions necessary to ensure optimum protection of the population and to apply the fundamental principles governing operational protection of the population.

Member States must ensure that consideration is given to the fact that radiological emergencies may occur in connection with practices carried out within or outside their territory and that these may affect them. Each Member State must ensure that appropriate action plans are drawn up at national or local level, and that these are tested at regular intervals.

If a Member State intends to adopt provisions which are stricter than those laid down by the Directive, it must inform the Commission and the other Member States.

References

Act

Entry into force – Date of expiry

Deadline for transposition in the Member States

Official Journal

Directive 96/29/Euratom

13.5.2000

OJ L 159, 29.6.1996

Related Acts

Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of

shipments of radioactive waste and spent fuel

[Official Journal L 337 of 5 December 2006].
The EU operates a system of prior authorisation for all shipments of radioactive waste in order to provide greater protection against the dangers of ionising radiation. This system was set up in 1992 and significantly amended in 2006.

Communication from the Commission of 23 February 1998 concerning the implementation of Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation [COM(98) 87 final – Official Journal C 133 of 30 April 1998].
This Communication is a reference document designed to facilitate the transposition of Directive 96/29/Euratom into national law. It takes the form of comments on certain Articles of the Directive.

Data protection by Community institutions and bodies

Data protection by Community institutions and bodies

Outline of the Community (European Union) legislation about Data protection by Community institutions and bodies

Topics

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

Information society > Data protection copyright and related rights

Data protection by Community institutions and bodies

Document or Iniciative

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the institutions and bodies of the Community and on the free movement of such data.

Summary

This Regulation contains provisions aiming to protectpersonal data processed by European Union (EU) institutions and bodies.

These provisions aim to ensure a high level of protection for personal data managed by Community institutions and bodies. In particular, such data have to be:

  • processed fairly and lawfully;
  • collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes;
  • adequate, relevant and not excessive in relation to the purposes for which they are collected and/or further processed;
  • accurate and, where necessary, kept up to date (all reasonable steps should be taken to ensure that data which are inaccurate or incomplete in relation to the purposes for which they are collected or for which they are further processed, are erased or rectified);
  • kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data are collected or for which they are further processed.

This Regulation also provides for the establishment of a “European Data Protection Authority”, an independent Community authority responsible for monitoring the correct application of the data protection rules by the EU institutions and bodies. This authority will be comparable to the data protection authorities established by Member States in accordance with Directive 95/46/EC on data protection. Citizens will thus be able to lodge complaints directly with that authority if they consider their data protection rights under the Regulation have not been respected.

Each Community institution and body shall appoint at least one person as Data Protection Officer with the task of cooperating with the Data Protection Supervisor and ensuring that the rights and freedoms of the data subjects are unlikely to be adversely affected by the data processing.

Citizens enjoy legally enforceable rights under the Regulation, such as the right to access, rectify, block or delete personal data relating to them in files held by the Community institutions and bodies.

Background

The data protection methods in this Regulation are based on the provisions of Directive 95/46/EC.

References

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

Regulation (EC) No 45/2001

1.2.2001 OJ L 8 of 12.1.2001

Related Acts

Commission Decision 2008/597/EC of 3 June 2008 adopting implementing rules concerning the Data Protection Officer pursuant to Article 24(8) of Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data [Official Journal L 193 of 22.7.2008].

This Decision defines the rules and procedures for implementation of the function of Data Protection Officer within the Commission (appointment, status, duties, powers, etc.).

website.

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

Data protection, copyright and related rights

Data protection, copyright and related rights

Outline of the Community (European Union) legislation about Data protection, copyright and related rights

Topics

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

Information society > Data protection copyright and related rights

Data protection, copyright and related rights

The protection of personal data is governed by Directive 95/46/EC, which aims to establish a balance between a high level of protection of privacy and the free flow of personal data within the European Union (EU). The Commission is working to modernise the current framework in order to mount a better response to the new challenges posed by globalisation and new technologies.

European legislation on copyright and related rights is part of the rules introduced by the World Intellectual Property Organisation (WIPO). This legislation has two aims. They are to protect the economic interests of the authors of artworks such as books, films and musical works, but also to establish databases without hampering creativity and innovation.

Data protection

  • Protection of personal data
  • Data protection by Community institutions and bodies
  • Personal data protection: a new strategy
  • Promoting data protection by privacy-enhancing technologies

Copyright and related rights in the information society

  • Copyright in the Knowledge Economy
  • Copyright and related rights in the information society
  • Orphan works
  • Green Paper on Copyright in the Knowledge Economy
  • Green Paper on Copyright and Related Rights in the Information Society