Tag Archives: GE

General safety of motor vehicles

General safety of motor vehicles

Outline of the Community (European Union) legislation about General safety of motor vehicles

Topics

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

Internal market > Motor vehicles > Technical implications of road safety

General safety of motor vehicles

2 emissions.

Document or Iniciative

Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (Text with EEA relevance).

Summary

This Regulation establishes requirements for the type-approval of:

  • the safety of motor vehicles and their trailers;
  • the energy efficiency of motor vehicles by introducing the mandatory installation of tyre pressure monitoring systems and gear shift indicators;
  • the safety and energy efficiency of tyres and their levels of noise emissions.

Types of vehicles concerned

This Regulation applies to:

  • motor vehicles used for the carriage of passengers having at least four wheels (category M);
  • motor vehicles intended for the transportation of goods having at least four wheels (category N);
  • trailers (category O).

Obligations of manufacturers

Manufacturers shall guarantee that new vehicles that are sold, registered or put into service within the European Union (EU) are type-approved in accordance with the provisions of this Regulation.

The Regulation aims at making several UNECE regulations obligatory. Type-approval in accordance with these UNECE regulations shall be considered as EC type-approval.

In order to improve road safety, all vehicles must be equipped with an electronic stability control system. Furthermore, vehicles in categories M2, M3, N2 and N3 must be equipped with an advanced emergency braking system and a lane departure warning system.

Tyres shall satisfy requirements relating to:

  • wet grip;
  • rolling resistance;
  • rolling noise.

In addition, vehicles in category M1 must be equipped with a tyre pressure monitoring system and gear shift indicators.

Obligations of the Member States

Member States shall not grant EC type-approval or national type-approval to vehicles which do not meet the requirements laid down in this Regulation.

Transitional provisions

This Regulation contributes to the simplification of legislation insofar as it repeals a considerable number of basic directives and their amending acts.

This Regulation repeals Directives 70/221/EEC, 70/222/EEC, 70/311/EEC, 70/387/EEC, 70/388/EEC, 71/320/EEC, 72/245/EEC, 74/60/EEC, 74/61/EEC, 74/297/EEC, 74/408/EEC, 74/483/EEC, 75/443/EEC, 76/114/EEC, 76/115/EEC, 76/756/EEC, 76/757/EEC, 76/758/EEC, 76/759/EEC, 76/760/EEC, 76/761/EEC, 76/762/EEC, 77/389/EEC, 77/538/EEC, 77/539/EEC, 77/540/EEC, 77/541/EEC, 77/649/EEC, 78/316/EEC, 78/317/EEC, 78/318/EEC, 78/549/EEC, 78/932/EEC, 89/297/EEC, 91/226/EEC, 92/21/EEC, 92/22/EEC, 92/24/EEC, 92/114/EEC, 94/20/EC, 95/28/EC, 96/27/EC, 96/79/EC, 97/27/EC, 98/91/EC, 2000/40/EC, 2001/56/EC, 2001/85/EC, and 2003/97/EC from 1 November 2014.

It repeals Directive 92/23/EC from 1 November 2017.

REFERENCES

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 661/2009

20.8.2009

OJ L 200 of 31.7.2009

General arrangements for the holding and movement of products subject to excise duty

General arrangements for the holding and movement of products subject to excise duty

Outline of the Community (European Union) legislation about General arrangements for the holding and movement of products subject to excise duty

Topics

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

Taxation

General arrangements for the holding and movement of products subject to excise duty

Document or Iniciative

Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC [See amending act(s)].

Summary

This directive establishes the general arrangements for excise duties which affect the consumption of:

  • energy products and electricity covered by Directive 2003/96/EC;
  • alcohol and alcoholic beverages covered by Directives 92/83/EEC and 92/84/EEC;
  • manufactured tobacco covered by Directive 95/59/EC, Directive 92/79/EC and Directive 92/80/EC.

These products are subject to excise duties at the time of:

  • their production, including, where applicable, their extraction, within the European Union (EU);
  • their importation into the EU.

On condition that they do not give rise to formalities on the crossing of frontiers within the EU, EU countries may also levy taxes on:

  • products other than excise goods;
  • the supply of services, including those relating to excise goods, which cannot be characterised as turnover taxes.

This directive applies to the territory of the EU with the exception of certain territories such as:

  • the Canary Islands;
  • the French overseas departments;
  • the Åland Islands;
  • the Channel Islands.

Chargeability, reimbursement, exemption

Excise duties are chargeable at the time of release for consumption in the EU country concerned. The person liable to pay the excise duty is generally the authorised warehousekeeper or the registered consignee.

EU countries may remit or refund excise duty on excise goods which have been released for consumption. EU countries are free to fix the relevant conditions, so long as the result does not create a new class of exemption (see next paragraph).

Excise goods are exempted from payment of excise duty where they are intended to be used:

  • in the context of diplomatic or consular relations;
  • by international organisations;
  • by the armed forces of a State;
  • by the British armed forces stationed in Cyprus;
  • under an agreement concluded with non-EU countries or international organisations.

EU countries may also exempt from payment of excise duty excise goods supplied by tax-free shops * which are carried away in the personal luggage of travellers to a non-EU country by flight or sea-crossing.

Production, processing and holding

The rules concerning the production, processing and holding of excise goods are determined by each EU country. These operations, where the excise duty has not yet been paid, must take place in a tax warehouse *.

Movement of excise goods under suspension of excise duty

Excise goods may be moved under a duty suspension arrangement within the EU, from a tax warehouse or from a place of importation to another tax warehouse, an authorised consignee *, a place of exportation from the EU or a beneficiary of the exemption referred to above (diplomatic or consular relations, international organisations, armed forces, etc.). A movement of excise goods must in principle take place under cover of an electronic administrative document.

The competent authorities of the EU country of dispatch may request from the authorised warehousekeeper or registered consignor * a guarantee which covers the risks inherent in the movement under suspension of excise duty. In principle the guarantee can be provided by another party

Movements and taxation of excise goods after release for consumption

Excise duties may be charged only in the EU country in which the goods are acquired by a private individual for his own personal use and transported from one EU country to another by him. To determine whether the excise goods are intended for a private individual, EU countries take account of:

  • the commercial status of the holder of the goods;
  • the place where the goods are located;
  • any document relating to the goods;
  • the nature of the goods;
  • the quantity of the goods.

Where excise goods intended for consumption in an EU country are held for commercial purposes in another EU country, the goods are subject to the excise duties of the latter country. Excise duties paid in the first EU country may be reimbursed.

In the case of distance selling from one EU country to another, the vendor or his agent must pay excise duty in the EU country of destination.

EU countries may require that excise goods carry tax markings or national identification marks.

Directive 2008/118/EC repeals Directive 92/12/EC from 1 April 2010.

Key terms of the Act
  • Tax-free shop: any establishment situated within an airport or port which is authorised to sell tax-free to travellers leaving the EU.
  • Tax warehouse: a place where excise goods are produced, processed, held, received or dispatched under duty suspension arrangements by an authorised warehousekeeper in the course of his business, subject to certain conditions laid down by the competent authorities of the EU country where the tax warehouse is located.
  • Registered consignee: a natural or legal person authorised by the competent authorities of the EU country of destination, in the course of his business and under the conditions fixed by those authorities, to receive excise goods moving under a duty suspension arrangement from another EU country.
  • Registered consignor: a natural or legal person authorised by the competent authorities of the EU country of importation, in the course of his business and under the conditions fixed by those authorities, to only dispatch excise goods under a duty suspension arrangement upon their release for free circulation.

References

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

Directive 2008/118/EC

 15.1.2009

1.4.2010 

OJ L 9 of 14.1.2009 

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2010/12/EU

27.2.2010

1.1.2011

OJ L 50 of 27.2.2010

General framework for informing and consulting employees

General framework for informing and consulting employees

Outline of the Community (European Union) legislation about General framework for informing and consulting employees

Topics

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

Employment and social policy > Social dialogue and employee participation

General framework for informing and consulting employees

Document or Iniciative

Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community – Joint declaration of the European Parliament, the Council and the Commission on employee representation.

Summary

The purpose of this Directive is to establish a general framework for improving the information and consultation rights of employees * in undertakings * within the European Community.

Two important principles are highlighted:

  • practical arrangements for information and consultation must be defined and implemented in accordance with national law and industrial relations practices in individual Member States;
  • when defining or implementing this framework, employers * and employees’ representatives must work in a spirit of cooperation and with due regard for each other’s rights and obligations.

This Directive applies to undertakings with at least 50 employees in a Member State or to establishments * with at least 20 employees in a Member State. The choice is left to the Member States, which also establish the manner in which the number of employees is calculated.

Particular provisions applicable to undertakings which pursue directly and essentially political, professional, charitable, educational, scientific or artistic aims, or aims involving information * or the expression of opinions, may be adopted on condition that such provisions already existed in national legislation on the date of adoption of the Directive.

Member States may authorise the social partners to define freely, through agreement, the procedures for implementing the employee information and consultation * requirements referred to in the Directive.

Employee information and consultation covers three areas in relation to undertakings:

  • economic, financial and strategic developments;
  • the structure and foreseeable development of employment, and related measures;
  • decisions likely to lead to substantial changes in work organisation or contractual relations.

Member States must establish the procedures for applying the principles set out in the Directive with a view to ensuring the effective application of employee information and consultation. They also have the option of limiting the information and consultation obligations of undertakings with fewer than 50 or 20 employees.

Confidentiality arrangements are included, to the effect that:

  • experts and employees’ representatives must not disclose any information which has expressly been provided to them in confidence, even after expiry of their term of office;
  • within conditions laid down by national legislation, an employer may be exempted from the information and consultation obligation where complying with it would seriously harm the functioning of the undertaking or would be prejudicial to it.

When carrying out their functions, employees’ representatives must have adequate protection and guarantees to enable them to perform their duties.

The Directive makes the Member States responsible for ensuring compliance with its provisions (through adequate administrative or judicial procedures at national level).

The following are regarded as serious breaches of the obligations laid down in the Directive:

  • total absence of information and/or consultation of the employees’ representatives prior to a decision being taken or publicly announced;
  • withholding of important information or provision of inaccurate information rendering ineffective the exercising of the right to information and consultation.

In the event of a serious breach with direct and immediate consequences in terms of substantial changes to or termination of employment contracts or relationships, the decisions taken have no legal effect. This situation continues until the employer has fulfilled his information and consultation obligations. If this is no longer possible, the employer must establish adequate redress in accordance with the arrangements and procedures in place in the Member States.

The provisions of the Directive do not prejudice Council Directive 94/45/EC on the establishment of a European works council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees.

The Directive makes provision for a review of its application no later than five years after its adoption, in consultation with the social partners and Member States, with a view to proposing to the Council any necessary amendments.

Background

In its Communication on worker information and consultation [COM(95) 547 final – not published in the Official Journal], the Commission took stock of Community action in the field of information, consultation and participation of employees. Several directives have already been adopted in this area (‘ collective redundancies ‘, ‘transfers of undertakings’ and ‘European works councils’).

Despite the existence of specific provisions on employee information and consultation, the Commission emphasised the need to redefine the Community legal framework in order to establish more binding rules. In its Communication, the Commission set out various options for the approach to be taken by Community action and encouraged the social partners to identify the arrangements for a general framework.

Following this Communication, on 4 June 1997, the Commission launched a phase of consultation with the social partners on the basis of Article 3(2) of the Agreement on Social Policy. The European Trade Union Confederation (ETUC) and European Centre of Enterprises with Public Participation and Enterprises of General Economic Interest (CEEP) indicated their willingness to enter into Community-level negotiations on the subject. However, the Union of Industrial and Employers’ Confederations of Europe (UNICE) declined to participate in negotiations, as it considered the project to be at odds with the principle of subsidiarity and felt that the subject concerned the internal organisation and management of companies and therefore came under companies’ own management prerogatives.

In the absence of a consensus among the social partners, the Commission presented a proposal for a Directive.

Key terms used in the act
  • ‘Undertaking’ means a public or private undertaking carrying out an economic activity, whether or not operating for gain, which is located within the territory of the Member States.
  • ‘Establishment’ means a unit of business defined in accordance with national law and practice, and located within the territory of a Member State, where an economic activity is carried out on an ongoing basis with human and material resources.
  • ‘Employee’ means any person who, in the Member State concerned, is protected as an employee under national employment law and in accordance with national practice.
  • ‘Workers’ representatives’ means the employees’ representatives provided for by national laws and/or practices.
  • ‘Information’ means transmission by the employer to the employees’ representatives of data in order to enable them to acquaint themselves with the subject matter and to examine it.
  • ‘Consultation’ means the exchange of views and establishment of dialogue between the employees’ representatives and the employer.
  • ‘Employer’ means the natural or legal person party to employment contracts or employment relationships with employees, in accordance with national law and practice;

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 2002/14/EC [adoption: codecision COD/1998/0315] 23.3.2002 23.3.2005 (23.3.2007 for some Member States) OJ L 80 of 23.3.2002.

Related Acts

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 10 October 2007 entitled ‘Reassessing the regulatory social framework for more and better seafaring jobs in the EU (first phase consultation of the social partners at Community level provided for in Article 138(2) of the Treaty)’ [COM(2007) 591 final – Not published in the Official Journal].
This Communication advocates various changes to European legislation on working conditions and employee information and consultation in the European Union’s maritime sector. Concerning the present Directive, the Commission intends to verify, in connection with a scheduled implementation report, the conformity of the legal provisions contained in Article 3(3), according to which ‘Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas’.

General provisions ERDF – ESF – Cohesion Fund

General provisions ERDF – ESF – Cohesion Fund

Outline of the Community (European Union) legislation about General provisions ERDF – ESF – Cohesion Fund

Topics

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

Agriculture > General framework

General provisions ERDF – ESF – Cohesion Fund (2007-2013)

Document or Iniciative

Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 [See amending acts].

Summary

The aim of the Regulation is to strengthen economic and social cohesion in order to promote the harmonious, balanced and sustainable development of the European Union (EU) regions for the period 2007-2013. European cohesion policy aims to respond to the challenges linked to economic, social and territorial inequalities, the acceleration of economic restructuring and the ageing of the population.

This Regulation:

  • defines the context for cohesion policy (including the Community strategic guidelines for cohesion, growth and employment);
  • defines the objectives to which the Structural Funds and the Cohesion Fund (hereinafter referred to as “the Funds”) are to contribute;
  • defines the criteria Member States and regions must meet to be eligible for the Funds;
  • defines the financial resources available and the criteria for allocating them;
  • defines the principles and lays down the rules on partnership, programming, evaluation, management, monitoring and inspection on the basis of responsibilities shared between the Member States and the Commission.

THREE NEW OBJECTIVES

A total of EUR 308.041 billion will be allocated to financing regional policy between 2007 and 2013 to work towards the three new objectives: Convergence, Regional Competitiveness and Employment and Territorial Cooperation. These objectives will supersede the former Objectives 1, 2 and 3 for the 2000-2006 programming period.

Convergence

The Convergence objective is quite close to the previous “Objective 1”. It aims to help the least-developed Member States and regions catch up more quickly with the EU average by improving conditions for growth and employment. It covers the Member States and regions whose development is lagging behind. The fields of action will be physical and human capital, innovation, knowledge-based society, adaptability to change, the environment and administrative effectiveness. It will be financed by the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund.

The total resources allocated to this objective are EUR 251.163 billion, equivalent to 81.54 % of the total. The following are eligible:

  • for the Structural Funds (ERDF and ESF):
    1. regions where per capita GDP is below 75 % of the European average. They must be at NUTS II level. They will receive 70.51 % of the funds allocated for this objective;
    2. regions where per capita GDP has risen above 75 % of the European average (due to the statistical effect of EU enlargement including more deprived regions) will benefit from transitional, specific and degressive financing. They will receive 4.99 % of the total allocation;
  • for the Cohesion Fund: Member States whose per capita Gross National Income (GNI) is below 90 % of the European average and which are running economic convergence programmes. They will receive 23.22 % of the resources allocated for this objective. Regions where per capita GNI has risen to above 90 % of the European average (due to the statistical effect of EU enlargement including more deprived regions) will benefit from transitional, specific and degressive financing;
  • for specific financing from the ERDF: the outermost regions. The aim is to facilitate their integration into the internal market and to take account of their specific constraints (such as compensation for excess costs due to their remote location).

For this objective, the following ceilings apply to co-financing rates:

  • 75 % of public expenditure co-financed by the ERDF or the ESF. The ceiling can be raised to 80 % where the eligible regions are located in a Member State covered by the Cohesion Fund, and even to 85 % in the case of the outermost regions;
  • 85 % of public expenditure co-financed by the Cohesion Fund;
  • 50 % of public expenditure co-financed in the outermost regions (a new additional allocation from the ERDF to compensate for excess costs).

Regional Competitiveness and Employment

The Regional Competitiveness and Employment objective aims to strengthen the competitiveness, employment and attractiveness of regions other than those which are the most disadvantaged. It must help to anticipate economic and social changes, promote innovation, entrepreneurship, protection of the environment, accessibility, adaptability and the development of inclusive labour markets. It will be financed by the ERDF and the ESF.

The eligible regions are:

  • regions which fell under Objective 1 during the period 2000-06, which no longer meet the regional eligibility criteria of the Convergence objective, and which consequently benefit from transitional support. The Commission will produce a list of these regions. Once adopted, the list will be valid from 2007 to 2013;
  • all other EU regions not covered by the Convergence objective.

With regard to the programmes financed by the ESF, the Commission proposes four priorities within the European Employment Strategy (EES): to improve the adaptability of workers and businesses, to increase social inclusion, to improve access to employment and to implement reforms in the fields of employment and inclusion.

The resources intended for this objective total EUR 49.13 billion, equivalent to 15.95 % of the total and divided equally between the ERDF and the ESF. Of this amount:

  • 78.86 % is intended for the regions not covered by the Convergence objective.
  • 21.14 % is earmarked for transitional degressive support.

Under this objective, measures can be co-financed up to 50 % of public expenditure. The ceiling is 85 % for the outermost regions.

European Territorial Cooperation

The European Territorial Cooperation objective aims to strengthen cross-border, transnational and inter-regional cooperation. It is based on the old European INTERREG initiative and will be financed by the ERDF. It aims to promote common solutions for neighbouring authorities in the fields of urban, rural and coastal development, the development of economic relations and the creation of networks of small and medium-sized enterprises (SMEs). Cooperation will be based around research, development, information society, the environment, risk prevention and integrated water management.

13 Regions eligible for funding are those regions at NUTS III level which are situated along internal land borders, certain external land borders and certain regions situated along maritime borders separated by a maximum of 150 km. The Commission will adopt a list of eligible regions.

In the case of networks of cooperation and exchange of experience, the entire EU territory is eligible. The ceiling for co-financing is 75 % of public expenditure.

The resources intended for this objective total EUR 7.75 billion, equivalent to 2.52 % of the total, fully covered by the ERDF. This amount will be distributed between the different components as follows:

  • 73.86 % for financing cross-border cooperation;
  • 20.95 % for financing transnational cooperation;
  • 5.19 % for financing interregional cooperation.

PROVISIONS SPECIFIC TO THE THREE OBJECTIVES

Principles of operation

The Funds will provide assistance which complements national action, including action at regional and local levels. The Commission and the Member States will ensure that assistance from the Funds is consistent with the activities, policies and priorities of the EU and complementary to other European financial instruments.

The objectives of the Funds will be pursued according to multiannual programming and close cooperation between the Commission and each Member State.

Strategic approach

The Council adopts the Community strategic guidelines for Cohesion before 1 January 2007. These guidelines define the priorities and objectives of the cohesion policy for the period 2007-2013. They therefore contribute to the coherent and effective implementation of the structural funds

Based on these guidelines, Member States then adopt a national strategic reference framework. This framework therefore serves as the base for programming actions financed by the Funds. It ensures the that interventions of the funds are in-line with the strategic guidelines.

Operational programmes

The Member States’ operational programmes are to cover the period from 1 January 2007 to 31 December 2013.Operational programmes deal with only one of the three objectives and receive financing from a single Fund. The Commission appraises each programme proposed to determine whether it contributes to the objectives and priorities of:

  • the national strategic reference framework;
  • the Community strategic guidelines on cohesion.

Operational programmes relating to the Convergence and Regional Competitiveness and Employment objectives must include:

  • justification for the priorities in view of the strategic guidelines on cohesion and the national strategic reference framework;
  • information on the priority areas and their specific objectives;
  • a financing plan;
  • the implementing provisions for the operational programme;
  • a list of major projects linked to an operation comprising a set of works, activities or services whose total cost exceeds EUR 25 million in the case of the environment and EUR 50 million in the other fields.

Management, monitoring and inspections

Member States will be responsible for the management and control of operational programmes. They will ensure that the management and control systems are set up in accordance with the provisions of this Regulation. They will also prevent, detect and correct irregularities and recover amounts unduly paid.

The management and control systems of operational programmes set up by Member States will provide for:

  • the definition of the functions of the bodies involved in management and control;
  • compliance with the principle of separation of functions between these bodies;
  • procedures for ensuring the correctness and regularity of expenditure declared under the operational programme;
  • reliable accounting, monitoring and financial reporting systems;
  • a system of reporting and monitoring where the responsible body entrusts the execution of tasks to another body;
  • arrangements for auditing the functioning of the systems;
  • systems and procedures to ensure an adequate audit trail;
  • reporting and monitoring procedures for irregularities and the recovery of amounts unduly paid.

For each operational programme, the Member State will designate the following:

  • a managing authority (a national, regional or local public authority or a public or private body which manages the operational programme);
  • a certifying authority (a national, regional or local public authority or body which certifies statements of expenditure and applications for payment before they are sent to the Commission);
  • an audit authority (a national, regional or local public authority or body designated for each operational programme and responsible for verifying the effective functioning of the management and control system).

Information and publicity

The Member States and the managing authority for the operational programme will provide information on and publicise operations and programmes which receive co-financing. The information will be addressed to EU citizens and the beneficiaries, with the aim of highlighting the role of the Community and ensuring that assistance from the Funds is transparent.

BACKGROUND

The other provisions on cohesion policy for the period 2007-2013 are set out in the four specific regulations on:

  • the European Regional Development Fund (ERDF);
  • the European Social Fund (ESF);
  • the Cohesion Fund;
  • the European grouping of cross-border cooperation (EGCC).

Politically speaking, the financial basis of the cohesion policy for 2007-2013 is the Interinstitutional Agreement and the Financial Framework for 2007-2013.

SUMMARY TABLE

Objectives Financial instruments
Convergence ERDF
ESF
Cohesion funds
Regional competitiveness and employment ERDF
ESF
European territorial cooperation ERDF

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1083/2006

1.8.2006

OJ L 210 of 31.7.2006

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1341/2008

24.12.2008

OJ L 348 of 24.12.2008

Regulation (EC) No 85/2009

30.1.2009

OJ L 25 of 29.1.2009

Regulation (EC) No 284/2009

9.4.2009

OJ L 94 of 8.4.2009

Regulation (EU) No 539/2010

25.6.2010

OJ L 158 of 24.6.2010

Regulation (EU) No 1310/2011

23.12.2011

OJ L 337 of 20.12.2011

Regulation (EU) No 1311/2011

20.12.2011

OJ L 337 of 20.12.2011

Regulation (EU) No 423/2012

23.5.2012

OJ L 133 of 23.5.2012

Subsequent amendments and corrections to Regulation No 1083/2006 have been incorporated into the basic text. This consolidated versionis for reference purposes only.

Related Acts

Commission Decision 2010/802/EU of 21 December 2010 exempting certain cases of irregularity arising from operations co-financed by the Structural Funds and by the Cohesion Fund for the 2000-2006 programming period from the special reporting requirements laid down by Article 5(2) of Regulation (EC) No 1681/94 and by Article 5(2) of Regulation (EC) No 1831/94 [Official Journal L 341 of 23.12.2010].

Commission Decision 2007/766/EC of 14 November 2007 drawing up the list of regions and areas eligible for financing under the Cross-border Cooperation Component of the Instrument for Pre-accession Assistance for the purpose of cross-border cooperation between Member States and beneficiary countries for the period 2007 to 2013 [Official Journal L 310 of 28.11.2007].

Commission Decision 2006/769/EC of 31 October 2006 drawing up the list of regions and areas eligible for funding from the European Regional Development Fund under the cross-border and transnational strands of the European Territorial Cooperation objective for the period 2007 to 2013 [Official Journal L 312 of 11.11.2006].

Commission Decision 2006/597/EC of 4 August 2006 drawing up the list of regions eligible for funding from the Structural Funds on a transitional and specific basis under the Regional Competitiveness and Employment objective for the period 2007-2013 [Official Journal L 243 of 6.9.2006].

Commission Decision 2006/596/EC of 4 August 2006 drawing up the list of regions eligible for funding from the Cohesion Fund for the period 2007-2013 [Official Journal L 243 of 6.9.2006].

Commission Decision 2006/595/EC of 4 August 2006 drawing up the list of regions eligible for funding from the Structural Funds under the Convergence objective for the period 2007-2013 [Official Journal L 243 of 6.9.2006].

General provisions for the right of residence

General provisions for the right of residence

Outline of the Community (European Union) legislation about General provisions for the right of residence

Topics

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

Other

General provisions for the right of residence

This Directive aims to remove obstacles to the free movement of persons and allow any European citizen to reside in a country other than their own.

Document or Iniciative

Council Directive 90/364/EEC of 28 June 1990 on the right of residence.

Repealed by:

Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.

Summary

1. Member States will grant the right of residence to nationals of Member States who do not enjoy this right under other provisions of Community law provided that they themselves and the members of their family (spouse, dependent descendants and dependent relatives in the ascending line of the person concerned or his or her spouse) are covered by sickness insurance in respect of all risks in the host Member State and have sufficient resources to avoid becoming a burden on the social security system of the host Member State during their period of residence.

2. Member States will issue a residence permit the validity of which may be limited to five years on a renewable basis. However, they may, if they deem it to be necessary, require revalidation of the permit at the end of the first two years of residence. Furthermore, the right of residence continues for as long as the beneficiaries of that right fulfil the conditions set out in paragraph 1. Where a member of the family does not hold the nationality of a Member State, he or she will be issued with a residence document of the same validity as that issued to the national on whom he or she depends.

3. The spouse and the dependent children of a national of a Member State entitled to the right of residence within the territory of the Member State may take up any employed activity anywhere within the territory of that Member State, even if they are not nationals of a Member State.

4. Member States may not derogate from the provisions of the Directive save on the grounds of public policy, public security or public health. The Directive does not affect existing legislation on the acquisition of second homes.

5. Not later than three years following the entry into force of the Directive, and then every three years, the Commission will draw up a report on the implementation of this Directive and present it to the Council and the European Parliament.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 90/364/EEC 30.6.1992 OJ L 180 of 13.7.1990

Related Acts

Report from the Commission to the Council and the European Parliament of 18 March 1999 on the implementation of Directives 90/364, 90/365 and 93/96 (right of residence) [COM(99) 127 final].
Freedom of movement was originally limited to persons exercising an economic activity, but was subsequently extended to all Member State nationals, even those who were not economically active. This extension to the right of residence, which is subject to certain conditions, was formally confirmed by the incorporation into the EC Treaty of the former Article 8a of the Treaty of Maastricht (now Article 18 of the EC Treaty). This Article gives every EU citizen a basic personal right to move and reside within the territory of the Member States.
The implementation of Directives 90/364, 90/365 and 93/96 has given rise to infringement procedures against nearly all the Member States, as only three had implemented the Directives by the deadline. The infringement procedures have, however, gradually been dropped as the Member States in question have adopted implementing measures.
The evaluation of the tangible implementation of the Directives has been based on the correspondence, complaints and petitions to the European Parliament and on a survey carried out among former Commission officials who, on retirement, have settled in a Member State other than that of their origin or last place of employment. Additional information has been provided by the Euro-Jus advisers’ network and by the Citizens Signpost Service. The assessments have highlighted the difficulties which citizens have encountered, such as uncertainties regarding the steps to be taken and the length and complexity of the procedures for obtaining a residence permit. The authorities have also experienced difficulties, mainly in interpreting the conditions relating to financial resources and health insurance.

The preliminary conclusions are that there is a need:

  • to step up efforts to inform citizens;
  • to continue to ensure strict compliance with existing Community law;
  • to make Community law on the free movement of persons easier to understand and to restructure it around the concept of “citizenship of the Union”;
  • to consider substantive changes to existing law.

Second report from the Commission to the Council and Parliament on the implementation of Directives 90/364, 90/365 and 93/96 (right of residence) [COM(2003)101 final].
This is the second report on the implementation of the three Directives on the right of residence of Union citizens and their family members, of whatever nationality, who are not economically active in the host Member State (“inactive”), covering the period 1999-2002.

Report from the Commission to the Council and the European Parliament of 5 April 2006, on the application of Directives 90/364, 90/365 and 93/96 – (Right of residence) [COM(2006)156 final].
Fifteen years after the adoption of the Directives on the right of residence of inactive Union citizens, their application is basically satisfactory as the declining number of infringements shows. However, the national implementing measures of six Member States are still subject to infringement procedures for non-conformity or incorrect application mainly on account of a restrictive interpretation of the Directives.

For instance, the Commission sent a letter of formal notice to France on 18 October 2004 concerning the requirement imposed by the French authorities on Union citizens to present a series of documents proving their civil status and their domicile in order to obtain a residence card. An additional letter of formal notice was sent a year later because the national legislation was still in force, although the contested practices have been discontinued.

The new Directive 2004/38 improves the current legislation and provides a solution in a number of ways to many of the specific problems encountered with regard to the application of the three Directives: it constitutes a single, simple legal instrument. The Commission indicates that it will give the utmost priority to ensuring that the Directive is correctly transposed into national law.

Genocide, crimes against humanity and war crimes: criminal investigation and prosecution

Genocide, crimes against humanity and war crimes: criminal investigation and prosecution

Outline of the Community (European Union) legislation about Genocide, crimes against humanity and war crimes: criminal investigation and prosecution

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 criminal matters

Genocide, crimes against humanity and war crimes: criminal investigation and prosecution

Document or Iniciative

Council Decision 2003/335/JHA of 8 May 2003 on the investigation and prosecution of genocide, crimes against humanity and war crimes.

Summary

The European Union is stepping up cooperation between the Member States’ law-enforcement and prosecution services to work effectively with the criminal investigation and prosecution of the actual or suspected perpetrators of genocide, crimes against humanity and war crimes and those who have been involved in them. The definition of these crimes is taken over from the Statute of the International Criminal Court

  • Genocide: acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such, including killing members of the group, imposing measures intended to prevent births within the group and forcibly transferring children of the group to another group;
  • Crimes against humanity: acts when committed as part of a widespread or systematic attack directed against any civilian population, such as murder, extermination, deportation, torture and rape;
  • War crimes: grave breaches of the Geneva Convention of 12 August 1949 such as wilful killing, torture or inhuman treatment, including biological experiments, destruction of property and taking of hostages.

The Member States are to take the necessary measures in order for the law enforcement authorities to be informed when facts are established which give rise to a suspicion that an applicant for a residence permit has committed such crimes. The authorities may then commence criminal proceedings in a Member State or in international criminal courts. Member States are to assist one another in investigating and prosecuting the crimes. They may set up or designate specialist units within the competent law enforcement authorities to that end.

Member States are to coordinate ongoing efforts to investigate and prosecute persons suspected of having committed or participated in the commission of the relevant crimes. The contact points designated under Decision 2002/494/JHA are to meet at regular intervals with a view to exchanging information about experiences, practices and methods. These meetings may take place in conjunction with meetings within the European Judicial Network.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2003/335/JHA 14.5.2003 OJ L 118 of 14.5.2003

Geographical Indications and Designations of Origin

Geographical Indications and Designations of Origin

Outline of the Community (European Union) legislation about Geographical Indications and Designations of Origin

Topics

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

Internal market > Businesses in the internal market > Intellectual property

Geographical Indications and Designations of Origin

This Regulation establishes the rules for protecting designations of origin and geographical indications for agricultural products and foodstuffs intended for human consumption.

Document or Iniciative

Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs [See amending act(s)].

Summary

This Regulation sets out provisions on agricultural products and foodstuffs (excluding all wine-sector products, except wine vinegar) from a defined geographical area. If there is a link between the characteristics of certain products and their geographical origin, they may qualify for either a protected geographical indication (PGI)* or a protected designation of origin (PDO)*. The use of corresponding EU symbols on the labels of such products provides consumers with clear and concise information on their origin. The introduction of these two terms also benefits the rural economy, since it boosts farmers’ income and maintains the population in less favoured or remote areas.

Designation of origin and geographical indication

The two types of geographical description are different. A PDO (Protected Designation of Origin) covers the term used to describe foodstuffs which are produced, processed and prepared in a given geographical area using recognised know-how (such as Mozzarella di Bufala Campana). A PGI indicates a link with the area in at least one of the stages of production, processing or preparation (such as Turrón de Alicante). The link with the area is therefore stronger for PDOs.

Names that have become generic, i.e. those that, although linked to the place or region where the product was initially produced or sold, denote the common name of a product in the EU (such as Dijon mustard) may not be registered.

Names that conflict with the name of a plant variety or an animal breed and as a result are likely to mislead the consumer as to the true origin of the product may not be registered.

A name wholly or partially homonymous with that of a name already registered under this Regulation must only be registered with due regard for local and traditional usage and the actual risk of confusion.

A PDO or PGI may not be registered where the reputation and the length of time it has been used are liable to mislead the consumer as to the true identity of the product.

Product specification

In order to obtain a PDO or PGI, agricultural products or foodstuffs must comply with the product specification, which must include the following aspects:

  • the name of the PDO or PGI;
  • the description of the product, with an indication of its main physical, chemical, microbiological and organoleptic properties;
  • definition of the geographical area;
  • information proving that the product originates from that area;
  • information justifying the link between the product and the geographical area;
  • description of the production method and, if appropriate, the authentic and unvarying local methods as well as information concerning packaging that takes place in the defined geographical area in order to safeguard quality, ensure the origin or ensure control;
  • the name and address of authorities or bodies that verify compliance with the provisions contained in the product specification;
  • any specific labelling rule for the product in question;
  • any requirements laid down by Community or national provisions.

Application for registration

Applications for registration may only be made by a group of producers or processors or, in exceptional cases, natural or legal persons. If the application concerns a cross-border area, it may be made jointly by several groups.

The application for registration must include:

  • the name and address of the applicant group;
  • the product specification;
  • a single document setting out the main aspects of the product specification and a description of the link between the product and its geographical area of origin.

Applications are made to the Member State on whose territory the geographical area is situated. The Member State examines it and initiates a national objection procedure, ensuring that the application is sufficiently publicised and allowing a reasonable period within which any natural or legal person having a legitimate interest and established or resident on its territory may lodge an objection. Where the Member State deems the application to be acceptable, it forwards the single document to the Commission together with a declaration stating that all the necessary conditions have been met.

Where an application for registration concerns a geographical area in a third country, it has to be sent to the Commission either directly or through the authorities of that country.

Examination by the Commission

The Commission checks that the application is justified and that it meets all the necessary conditions. This check must be carried out within twelve months. Each month, the Commission publishes the list of the names for which registration applications have been submitted. If the conditions are met, it publishes in the Official Journal of the European Union (OJ) the single document and the publication reference of the product specification. If the conditions are not met, the Commission will reject the application for registration.

Objections

Within six months from the date of publication in the OJ, any Member State, third country, natural or legal person having a legitimate interest may object to the registration proposed by lodging a duly substantiated statement. Proof must be given that either the product specification fails to meet the required conditions, or that the name conflicts with a trade mark or agricultural product or that it has become a generic name.

Where the Commission receives no admissible objection, it will register the name.

Where the Commission judges that an objection is admissible, it invites the interested parties to engage in the appropriate consultations. If they reach an agreement within six months, they notify the Commission of all the factors that enabled that agreement to be reached, including the opinions of the applicant and the objector. If no agreement is reached, the Commission takes a decision, bearing in mind traditional fair practice and the actual likelihood of confusion.

Names, indications and symbols

A registered name may be used by any operator marketing products conforming to the corresponding specification. The terms “protected designation of origin” and “protected geographical indication” or the associated EU symbols must be included on the labelling of products originating in the EU and may be included on those originating in third countries and sold under these designations.

Amending the product specification

A group may request the product specification to be amended to take into account technical or scientific developments or to revise the definition of the geographical area. Applications for amendments are made in accordance with procedures similar to those for registering a designation.

Official controls

Controls on the requirements set out in this Regulation are carried out under Regulation (EC) No 882/2004. Verification of compliance of a product with its product specification may be ensured by one or more public authorities set up for this purpose or by one or more product certification bodies. For EU designations, the costs of such verification are to be borne by the operators subject to those controls.

Cancellation

If the Commission deems that compliance with the conditions laid down in the product specification for a protected designation is no longer ensured or if any natural or legal person with a legitimate interest requests cancellation of the registration, the Commission may initiate the procedure to cancel a registration.

Protection

Registered names are protected against:

  • any misuse, imitation or evocation, even if the true origin of the product is indicated or if the protected name is translated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation” or similar;
  • any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
  • any other practice liable to mislead the consumer as to the true origin of the product;
  • commercial use of a registered name in respect of products not covered by the registration if they are comparable to the products registered under that name or if this use exploits the reputation of the protected name.

Relations between trade marks, designations of origin and geographical indications

Where a PDO or a PGI is registered, applications to register trade marks corresponding to one of the above situations and relating to the same class of product are refused if they are submitted after the date of submission of the registration application to the Commission.

In certain cases specified in the Regulation, a trade mark may co-exist with a geographical indication or a designation of origin.

Committee procedure

The Commission is assisted by the Standing Committee on Protected Geographical Indications and Protected Designations of Origin.

Fees

Member States may charge a fee to cover their costs, including those incurred in scrutinising applications for registration, statements of objection, applications for amendments and requests for cancellations under this Regulation.

Key terms used in the act
  • Geographical Indication: is linked to the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff:
    – originating in that region, specific place or country, an
    – which possesses a specific quality, reputation or other characteristics attributable to that geographical origin, and
    – the production and/or processing and/or preparation of which take place in the defined geographical area.
  • >Designation of origin: is linked to the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff:
    – originating in that region, specific place or country, and
    – the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and
    – the production, processing and preparation of which take place in the defined geographical area

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 510/2006

31.3.2006

OJ L 93, 31.3.2006

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1791/2006

1.1.2007

OJ L 363, 20.12.2006

Successive amendments and corrections to Regulation (EC) No 510/2006 have been incorporated into the basic text. This consolidated version is for reference purposes only.

MODIFICATION OF THE ANNEXES

Annex I – Foodstuffs covered in Article 1, paragraph 1

Regulation (EC) n° 417/2008 [Official Journal L 125 of 9.5.2008];

Annex II – Agricultural products covered in Article 1, paragraph 1
Regulation (EC) n° 417/2008 [Official Journal L 125 of 9.5.2008].

Related Acts

Detailed implementing rules

Regulation(EC) No 1898/2006 [Official Journal L 369 of 23.12.2006].
The above Regulation contains detailed rules for the application of Regulation (EC) No 510/2006. It sets out the specific rules applicable to groups, names, raw materials and the labelling of agricultural products. It also contains a template of the single document to be included in applications for registration, a reproduction of Community indications and symbols and templates for amending and cancelling geographical indications and designations of origin.
Modified by:

Regulation (EC) n° 628/2008 [Official Journal L 173 of 3.7.2008].

Expert groups

Commission Decision 2007/71/EC of 20 December 2006 [Official Journal L 32 of 6.2.2007].
The above decision sets up a scientific group of experts for designations of origin, geographical indications and traditional specialities guaranteed.

Traditional specialities

Regulation (EC) No 509/2006 [Official Journal L 93 of 31.3.2006].
The above Regulation sets out the requirements for agricultural products and foodstuffs to qualify as traditional specialities guaranteed. The Commission registers as traditional specialities guaranteed all agricultural products and foodstuffs that comply with certain specifications concerning their composition or method of production.
Applications for registration may be submitted only by groups of producers or processors of the agricultural product concerned. Applications must contain a product specification with the name, detailed description of the product, minimum requirements and the necessary control procedures. If after scrutiny, which may take up to 12 months, the Commission approves the application, the product specification and details on the producers group and the competent authority are published in the Official Journal of the European Union. Only producers that comply with the product specification are authorised to use the label certifying that the product is a traditional speciality guaranteed.

Labelling and presentation of foodstuffs

Directive 2000/13/EC [Official Journal L 109 of 6.5.2000].
The above Directive concerns the labelling of foodstuffs supplied to the ultimate consumer and certain aspects relating to presentation and advertising. It sets out methods for labelling and the name under which products are sold and specifies the methods for listing the ingredients used to produce or prepare the product in question. According to the Directive, the ingredients should be designated by their specific name and listed starting with the ingredient which is present in the largest quantity in the product. The particulars provided on the labelling of foodstuffs must appear in a language easily understood by the consumer. To this end, Member States must ensure that trade in foodstuffs in their country complies with these rules and that national legislation is in line with EU legislation.
See consolidated version .


Another Normative about Geographical Indications and Designations of Origin

Topics

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

Food safety > Food safety: general provisions

Geographical Indications and Designations of Origin

This Regulation establishes the rules for protecting designations of origin and geographical indications for agricultural products and foodstuffs intended for human consumption.

Document or Iniciative

Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs [See amending act(s)].

Summary

This Regulation sets out provisions on agricultural products and foodstuffs (excluding all wine-sector products, except wine vinegar) from a defined geographical area. If there is a link between the characteristics of certain products and their geographical origin, they may qualify for either a protected geographical indication (PGI)* or a protected designation of origin (PDO)*. The use of corresponding EU symbols on the labels of such products provides consumers with clear and concise information on their origin. The introduction of these two terms also benefits the rural economy, since it boosts farmers’ income and maintains the population in less favoured or remote areas.

Designation of origin and geographical indication

The two types of geographical description are different. A PDO (Protected Designation of Origin) covers the term used to describe foodstuffs which are produced, processed and prepared in a given geographical area using recognised know-how (such as Mozzarella di Bufala Campana). A PGI indicates a link with the area in at least one of the stages of production, processing or preparation (such as Turrón de Alicante). The link with the area is therefore stronger for PDOs.

Names that have become generic, i.e. those that, although linked to the place or region where the product was initially produced or sold, denote the common name of a product in the EU (such as Dijon mustard) may not be registered.

Names that conflict with the name of a plant variety or an animal breed and as a result are likely to mislead the consumer as to the true origin of the product may not be registered.

A name wholly or partially homonymous with that of a name already registered under this Regulation must only be registered with due regard for local and traditional usage and the actual risk of confusion.

A PDO or PGI may not be registered where the reputation and the length of time it has been used are liable to mislead the consumer as to the true identity of the product.

Product specification

In order to obtain a PDO or PGI, agricultural products or foodstuffs must comply with the product specification, which must include the following aspects:

  • the name of the PDO or PGI;
  • the description of the product, with an indication of its main physical, chemical, microbiological and organoleptic properties;
  • definition of the geographical area;
  • information proving that the product originates from that area;
  • information justifying the link between the product and the geographical area;
  • description of the production method and, if appropriate, the authentic and unvarying local methods as well as information concerning packaging that takes place in the defined geographical area in order to safeguard quality, ensure the origin or ensure control;
  • the name and address of authorities or bodies that verify compliance with the provisions contained in the product specification;
  • any specific labelling rule for the product in question;
  • any requirements laid down by Community or national provisions.

Application for registration

Applications for registration may only be made by a group of producers or processors or, in exceptional cases, natural or legal persons. If the application concerns a cross-border area, it may be made jointly by several groups.

The application for registration must include:

  • the name and address of the applicant group;
  • the product specification;
  • a single document setting out the main aspects of the product specification and a description of the link between the product and its geographical area of origin.

Applications are made to the Member State on whose territory the geographical area is situated. The Member State examines it and initiates a national objection procedure, ensuring that the application is sufficiently publicised and allowing a reasonable period within which any natural or legal person having a legitimate interest and established or resident on its territory may lodge an objection. Where the Member State deems the application to be acceptable, it forwards the single document to the Commission together with a declaration stating that all the necessary conditions have been met.

Where an application for registration concerns a geographical area in a third country, it has to be sent to the Commission either directly or through the authorities of that country.

Examination by the Commission

The Commission checks that the application is justified and that it meets all the necessary conditions. This check must be carried out within twelve months. Each month, the Commission publishes the list of the names for which registration applications have been submitted. If the conditions are met, it publishes in the Official Journal of the European Union (OJ) the single document and the publication reference of the product specification. If the conditions are not met, the Commission will reject the application for registration.

Objections

Within six months from the date of publication in the OJ, any Member State, third country, natural or legal person having a legitimate interest may object to the registration proposed by lodging a duly substantiated statement. Proof must be given that either the product specification fails to meet the required conditions, or that the name conflicts with a trade mark or agricultural product or that it has become a generic name.

Where the Commission receives no admissible objection, it will register the name.

Where the Commission judges that an objection is admissible, it invites the interested parties to engage in the appropriate consultations. If they reach an agreement within six months, they notify the Commission of all the factors that enabled that agreement to be reached, including the opinions of the applicant and the objector. If no agreement is reached, the Commission takes a decision, bearing in mind traditional fair practice and the actual likelihood of confusion.

Names, indications and symbols

A registered name may be used by any operator marketing products conforming to the corresponding specification. The terms “protected designation of origin” and “protected geographical indication” or the associated EU symbols must be included on the labelling of products originating in the EU and may be included on those originating in third countries and sold under these designations.

Amending the product specification

A group may request the product specification to be amended to take into account technical or scientific developments or to revise the definition of the geographical area. Applications for amendments are made in accordance with procedures similar to those for registering a designation.

Official controls

Controls on the requirements set out in this Regulation are carried out under Regulation (EC) No 882/2004. Verification of compliance of a product with its product specification may be ensured by one or more public authorities set up for this purpose or by one or more product certification bodies. For EU designations, the costs of such verification are to be borne by the operators subject to those controls.

Cancellation

If the Commission deems that compliance with the conditions laid down in the product specification for a protected designation is no longer ensured or if any natural or legal person with a legitimate interest requests cancellation of the registration, the Commission may initiate the procedure to cancel a registration.

Protection

Registered names are protected against:

  • any misuse, imitation or evocation, even if the true origin of the product is indicated or if the protected name is translated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation” or similar;
  • any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
  • any other practice liable to mislead the consumer as to the true origin of the product;
  • commercial use of a registered name in respect of products not covered by the registration if they are comparable to the products registered under that name or if this use exploits the reputation of the protected name.

Relations between trade marks, designations of origin and geographical indications

Where a PDO or a PGI is registered, applications to register trade marks corresponding to one of the above situations and relating to the same class of product are refused if they are submitted after the date of submission of the registration application to the Commission.

In certain cases specified in the Regulation, a trade mark may co-exist with a geographical indication or a designation of origin.

Committee procedure

The Commission is assisted by the Standing Committee on Protected Geographical Indications and Protected Designations of Origin.

Fees

Member States may charge a fee to cover their costs, including those incurred in scrutinising applications for registration, statements of objection, applications for amendments and requests for cancellations under this Regulation.

Key terms used in the act
  • Geographical Indication: is linked to the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff:
    – originating in that region, specific place or country, an
    – which possesses a specific quality, reputation or other characteristics attributable to that geographical origin, and
    – the production and/or processing and/or preparation of which take place in the defined geographical area.
  • >Designation of origin: is linked to the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff:
    – originating in that region, specific place or country, and
    – the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and
    – the production, processing and preparation of which take place in the defined geographical area

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 510/2006

31.3.2006

OJ L 93, 31.3.2006


Amending act(s)
Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1791/2006

1.1.2007

OJ L 363, 20.12.2006

Successive amendments and corrections to Regulation (EC) No 510/2006 have been incorporated into the basic text. This consolidated versionis for reference purposes only.

MODIFICATION OF THE ANNEXES

Annex I – Foodstuffs covered in Article 1, paragraph 1


Regulation (EC) n° 417/2008 [Official Journal L 125 of 9.5.2008];

Annex II – Agricultural products covered in Article 1, paragraph 1
Regulation (EC) n° 417/2008 [Official Journal L 125 of 9.5.2008].

Related Acts

Detailed implementing rules

Regulation(EC) No 1898/2006 [Official Journal L 369 of 23.12.2006].
The above Regulation contains detailed rules for the application of Regulation (EC) No 510/2006. It sets out the specific rules applicable to groups, names, raw materials and the labelling of agricultural products. It also contains a template of the single document to be included in applications for registration, a reproduction of Community indications and symbols and templates for amending and cancelling geographical indications and designations of origin.
Modified by:

Regulation (EC) n° 628/2008 [Official Journal L 173 of 3.7.2008].

Expert groups

Commission Decision 2007/71/EC of 20 December 2006 [Official Journal L 32 of 6.2.2007].
The above decision sets up a scientific group of experts for designations of origin, geographical indications and traditional specialities guaranteed.

Traditional specialities

Regulation (EC) No 509/2006 [Official Journal L 93 of 31.3.2006].
The above Regulation sets out the requirements for agricultural products and foodstuffs to qualify as traditional specialities guaranteed. The Commission registers as traditional specialities guaranteed all agricultural products and foodstuffs that comply with certain specifications concerning their composition or method of production.
Applications for registration may be submitted only by groups of producers or processors of the agricultural product concerned. Applications must contain a product specification with the name, detailed description of the product, minimum requirements and the necessary control procedures. If after scrutiny, which may take up to 12 months, the Commission approves the application, the product specification and details on the producers group and the competent authority are published in the Official Journal of the European Union. Only producers that comply with the product specification are authorised to use the label certifying that the product is a traditional speciality guaranteed.

Labelling and presentation of foodstuffs

Directive 2000/13/EC [Official Journal L 109 of 6.5.2000].
The above Directive concerns the labelling of foodstuffs supplied to the ultimate consumer and certain aspects relating to presentation and advertising. It sets out methods for labelling and the name under which products are sold and specifies the methods for listing the ingredients used to produce or prepare the product in question. According to the Directive, the ingredients should be designated by their specific name and listed starting with the ingredient which is present in the largest quantity in the product. The particulars provided on the labelling of foodstuffs must appear in a language easily understood by the consumer. To this end, Member States must ensure that trade in foodstuffs in their country complies with these rules and that national legislation is in line with EU legislation.
See consolidated version .

General provisions

General provisions

Outline of the Community (European Union) legislation about General provisions

Topics

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

Environment > General provisions

General provisions

The Sixth Environment Action Programme, which was adopted in July 2002, sets out the EU’s priorities for the period to 2010. Four areas are singled out for priority action: climate change, nature and biodiversity, the environment and health, and the management of natural resources and waste. EU environment policy is guided by the precautionary principle and the “polluter pays” principle. Various institutional, financial and management instruments are available to ensure that it is implemented effectively. The involvement of the general public is also a key part of environment policy.

POLICY FRAMEWORK

  • Sixth Environment Action Programme
  • Environment Policy Review – 2008
  • 2007 Environment Policy Review

TRANSVERSAL POLICY OBJECTIVES

  • Environment and health strategy
  • Ecolabel
  • Sustainable Consumption, Production and Industry Action Plan

ORGANISATIONS AND AGENCIES

  • European Environment Agency
  • Regulatory framework for the management of chemicals (REACH), European Chemicals Agency
  • Scientific Committees for consumer safety, public health and the environment

ENVIRONMENTAL MONITORING

  • Towards a Shared Environmental Information System (SEIS)
  • European Pollutant Release and Transfer Register (PRTR)
  • European Earth monitoring programme (GMES)
  • Infrastructure for Spatial Information (INSPIRE)
  • Marine knowledge 2020

ENVIRONMENTAL MANAGEMENT

General Obligations

  • Environmental liability
  • The precautionary principle
  • Assessment of the effects of plans and programmes on the environment
  • Évaluation d’impact de certains projets sur l’environnement
    (FR)
  • Environmental inspections: minimum criteria
  • Community guidelines on State aid for environmental protection

Management instruments

  • Community eco-management and audit scheme (EMAS)
  • A programme for clean and competitive SMEs
  • Environmental agreements
  • Integration of environmental aspects into European standardisation

FINANCIAL INSTRUMENTS

  • Programme LIFE+
  • The operational priorities of the European Investment Bank
  • Environmental taxes and charges

APPLICATION AND CONTROL OF COMMUNITY ENVIRONMENTAL LAW

  • Access to information, public participation and access to justice in environmental matters
  • Application of the Aarhus Convention to the EU institutions
  • Freedom of access to information
  • Access to justice in environmental matters
  • Protection of the environment through criminal law
  • Implementation of Community environmental law in 2004

General framework

General framework

Outline of the Community (European Union) legislation about General framework

Topics

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

Agriculture > General framework

General framework

There are two main elements to the common agricultural policy (CAP): helping European farmers to be competitive and promoting development in rural areas, particularly in the least-favoured regions. With this in mind, the financing available to farmers has changed, increasingly focusing on environmental protection and on the quality, rather than quantity, of production. The EU has also made a greater commitment to rural development through a single financial instrument which promotes agriculture and forestry and all types of rural activity. Control and monitoring systems also play a key role in the management of these measures, whilst ensuring the proper conduct of operations and the development of the agricultural sector within the Union.

FINANCING

Financial framework

  • A budget for Europe (2014-2020)
  • Interinstitutional Agreement on cooperation in budgetary matters
  • Towards a new financial framework 2007-2013
  • Financing the common agricultural policy
  • Scrutiny of expenditure under the European Agricultural Guarantee Fund (EAGF)
  • Recovery and information system for money wrongly paid in connection with the financing of the common agricultural policy
  • Community system for the identification of certain beneficiaries of transactions financed by the EAGGF Guarantee Section

Rural development

  • European Union strategic guidelines for rural development
  • European Agricultural Fund for Rural Development (EAFRD)
  • Access for rural areas to ICTs
  • Employment in rural areas: closing the jobs gap
  • 2000-06: support for rural development within the framework of the European Agricultural Guidance and Guarantee Fund (EAGGF)
  • The financing of the common agricultural policy (CAP)

Direct support schemes

  • Single Farm Payment
  • Mediterranean package
  • Risk and crisis management in agriculture
  • Reform of the common agricultural policy (CAP)

STRUCTURAL ACTIONS

2007-2013

  • General provisions ERDF – ESF – Cohesion Fund (2007-2013)
  • European Regional Development Fund (ERDF) (2007-2013)
  • The European Social Fund (2007-2013)
  • European grouping of territorial cooperation (EGTC)
  • Cohesion Fund (2007-2013)
  • Rules for the application of the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund (2007-2013)

Disadvantaged regions

  • Specific measures for the outermost regions
  • Specific measures in favour of the smaller Aegean islands

COMPETITION

  • Application of certain EU competition rules to agricultural products
  • State aid in the agriculture sector

INFORMATION AND STATISTICS

Simplifying the CAP

  • The CAP towards 2020
  • A simplified CAP for Europe
  • Health Check of the CAP reform
  • Simplification and better regulation for the common agricultural policy

Better understanding the CAP

  • Information measures relating to the common agricultural policy
  • Information measures on the Community market and markets of Non-EU Member Countries

Statistics and surveys

  • Farm Accountancy Data Network

General development framework

General development framework

Outline of the Community (European Union) legislation about General development framework

Topics

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

Development > General development framework

General development framework

The European Union’s action in the development cooperation field is based on the principles of effectiveness of aid, coordination between Member States and international players, and consistency of European policies with development objectives.

The “European Consensus on Development” defines the general framework for the action of the Union and Member States. In addition, the Union is particularly committed to honouring the United Nations Millennium Development Goals (MDG), for which the Union has put in place various instruments that will also help reinforce the impact of its action.

PRINCIPLES OF DEVELOPMENT AID

  • The European Consensus on Development
  • Millennium Development Goals (MDGs): twelve-point action plan
  • The EU contribution towards the Millennium Development Goals (MDGs)
  • European development and external assistance policy: 2009 Report
  • European Development and External Assistance Policies: 2008 Report

Effectiveness of aid

  • Action Plan for more, better and faster aid
  • Common framework for joint multiannual programming
  • Untying aid to developing countries

Policy coherence for development

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    (FR)
  • Policy coherence for development
  • Mid-term report on policy coherence for development

Monitoring the financing for development

  • Accelerating progress towards achieving the Millennium Development Goals (MDG)
  • Keeping Europe’s promises on Financing for Development
  • Translating the Monterrey Consensus into practice

Cooperation and complementarity between the EU and the Member States

  • Local authorities and development assistance
  • Code of Conduct on Complementarity and the Division of Labour in Development Policy

International cooperation

  • Role of the European Union in the multilateral system of the UN
  • The European Union and the United Nations: The choice of multilateralism
  • Partnership with the United Nations: development assistance and humanitarian aid

INSTRUMENTS

  • European Development Fund (EDF)
  • Financing instrument for development cooperation – DCI (2007-2013)

Thematic Programmes (2007-2013)

  • Combating hunger: strategy for food security
  • Investing in people
  • Non-state Actors and Local Authorities
  • Environment and sustainable management of natural resources, including energy
  • Cooperation with Non-EU Member Countries in the areas of migration and asylum

Other instruments

  • A financing instrument for the promotion of democracy and human rights in the world (2007 – 2013)
  • Instrument for Stability (2007 – 2013)
  • Facility for rapid response to soaring food prices