Tag Archives: Harmonisation of standards

Interoperability of the rail system within the EU

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Interoperability of the rail system within the EU

Outline of the Community (European Union) legislation about Interoperability of the rail system within the EU

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Regional policy > Management of regional policy > Trans-european networks

Interoperability of the rail system within the EU

Document or Iniciative

Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (Text with EEA relevance).

Summary

This directive establishes the conditions to be fulfilled to achieve interoperability * within the EU rail system at the design, construction, placing into service, upgrading, renewal, operation and maintenance stages. Its provisions comply with Directive 2004/45/EC on railway safety and the health and safety of workers.

The gradual implementation of interoperability of the rail system is pursued through the harmonisation of technical standards. Thus this directive covers:

  • essential requirements with regard to safety, reliability, human health, environmental protection, technical compatibility and operation of the system (Annex III);
  • the technical specifications for interoperability (TSIs) adopted for each subsystem or part of subsystem pursuant to this directive;
  • the corresponding European specifications.

The railway network * is broken down into subsystems of a structural nature (energy, control-command and signalling, rolling stock) or functional (operation and traffic management, maintenance and telematics applications). European Union (EU) countries may request that the Commission grant derogations and the Commission may decide to exclude certain measures from the scope of the directive for specific cases and for a set period *.

TSI projects shall be prepared by the European railway agency which will examine the subsystems in consultation with associations and the social partners. Next, the projects shall be submitted to the European Commission which will modify and adopt them, having regard to the right of scrutiny of the Parliament.

Interoperability constituents
* shall be subject to European specifications (such as European standards). They shall be subject to the procedure for “EC” declaration of conformity or suitability for use.

Authorisations for placing in service of vehicles shall be granted by the national safety authorities responsible for each network.

Context

This Directive is a recast of Directive 2001/16/EC applicable to the conventional rail system and Directive 96/48/EC on the trans-European high-speed rail system.

The pursuit of technical harmonisation aims at developing transport services in the EU and with third countries. It facilitates the integration of the market in equipment and services for the construction, renewal and operation of the rail system.

Key terms used in the Act
  • Interoperability: the ability of a rail system to allow the safe and uninterrupted movement of trains which accomplish the required levels of performance for these lines. This ability depends on all the regulatory, technical and operational conditions which must be met in order to satisfy the essential requirements.
  • Network: the lines, stations, terminals, and all kinds of fixed equipment needed to ensure safe and continuous operation of the rail system.
  • Specific case: any part of the rail system which needs special provisions in the TSIs (temporary or definitive) because of geographical, topographical or urban environment constraints or those affecting compatibility with the existing system. This may include in particular railway lines and networks isolated from the rest of the Community, the loading gauge, the track gauge or space between the tracks and vehicles strictly intended for local, regional or historical use, as well as vehicles originating from or destined for third countries.
  • Interoperability constituents: any elementary component, group of components, subassembly or complete assembly of equipment incorporated or intended to be incorporated into a subsystem. The concept covers both tangible objects and intangible objects (such as software).

References

Act Entry into force Transposition in the Member States Official Journal
Directive 2008/57/EC

19.7.2008

19.7.2010

OJ L 191 of 18.7.2008

Subsequent amendments and corrections to Directive 2008/57/EC have been incorporated into the basic text. This consolidated version is for reference purposes only.

Related Acts

Commission Regulation (EU) No 201/2011 of 1 March 2011 on the model of declaration of conformity to an authorised type of railway vehicle [Official Journal L 57 of 2.3.2011].

Commission Decision 2009/107/EC of 23 January 2009 amending Decisions 2006/861/EC and 2006/920/EC concerning technical specifications of interoperability relating to subsystems of the trans-European conventional rail system [notified under number C(2009) 38] (Text with EEA relevance) [Official Journal L 45 of 14.2.2009].

Further integration of the European rail system: third railway package

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Further integration of the European rail system: third railway package

Outline of the Community (European Union) legislation about Further integration of the European rail system: third railway package

Topics

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

Transport > Rail transport

Further integration of the European rail system: third railway package

Document or Iniciative

Communication from the Commission of 3 March 2004 entitled “Further integration of the European rail system: the third railway package [COM(2004) 140 final – not published in the Official Journal].

Summary

In 2001 the Commission set out its objectives for the reform of rail transport in the White Paper ” European transport policy for 2010: time to decide “.The present communication announces the third railway package. The Commission proposes the opening-up of services to competition by 2010 and puts forward proposals concerning the certification of drivers and strengthening of passengers’ rights.

This third railway package comprises two directives and two regulations (of which one was rejected by the Parliament):

Proposal for a Directive [COM(2004) 142 final] on the certification of drivers

In its communication the Commission stresses the impact of driver training on safety. It considers that driver skills fall into two categories:

  • general skills relating to the job of driver;
  • more specific skills relating to line knowledge, the rolling stock and the operating procedures of the railway undertaking for which the driver works.

With the opening-up of the rail freight markets, a growing number of drivers will find themselves operating on the network of another Member State. The Commission therefore wishes to establish:

  • a certification system attesting that the driver has sufficient general knowledge, authenticated by a licence issued to the individual driver that is recognised and valid throughout the Community;
  • a series of certificates attesting to specific knowledge (relating to a specific route, rolling stock and railway undertaking) and allowing the driver to operate.

Proposal for a Regulation [COM(2004) 143 final] on passengers’ rights

In order to make the railways more attractive, the Commission also wishes passengers’ rights to be better protected – particularly with regard to reimbursement for train delays. The situation of passengers on international journeys is often less secure. The Commission therefore considers that the current international arrangements, based on the Convention concerning International Carriage by Rail (COTIF), are inadequate and do not directly create passengers’ rights.

Access to information and fares, and the option of buying international rail tickets easily, are in the Commission’s view the very least that is needed to make rail services attractive. In addition, the Commission wishes liability to be clearly defined in the event of accidents, incidents or train delays. On this last point, compensation thresholds should be set and the various channels for passengers’ appeals clearly identified. Lastly, the Commission considers that greater account should be taken of the needs of people with reduced mobility.

In the Commission’s view, these arrangements to protect passengers’ rights will be all the more vital once the market is opened up for certain services.

Proposal for a Directive [COM(2004) 139 final] on opening up the passenger transport market

The Commission stresses the contrasts between regional, national and international rail traffic and wishes to take these diverse segments into account by combining two models for opening up to competition:

  • under the first, a competitive procedure can be used to award a public service contract. In the Commission’s view this model would work well for suburban and regional services, which transport the vast majority of passengers. It forms the basis of the Commission’s proposal to modernise Regulation No 1191/69 on public service obligations;
  • the other model consists in opening up access to the infrastructure for operators wishing to provide international services. This model would be better suited to long-distance services and to specific services where commercial innovation is likely to attract new customers.

The competitors will need to have:

  • rolling stock and drivers authorised for service in the Member States in which they plan to operate;
  • a railway undertaking licence in a Member State;
  • a safety certificate issued by the national safety authority of each of the Member States they plan to cross;
  • infrastructure capacity, in order to provide a regular service.

The Commission therefore wishes all international services to be opened up to competition on 1 January 2010. This opening-up also includes cabotage on international services (carriage of passengers between two places within the same Member State).

Interoperability requirements

The Commission also points out that integrating Europe’s railway systems requires technical harmonisation in order to ensure the interoperability of rolling stock and equipment.

A fourth proposal rejected by the Parliament

The Commission had also made a proposal for a regulation aiming to improve the quality of rail services. It was rejected first time round by the Parliament. In particular the text proposed establishing mandatory minimum clauses in transport contracts, among which there was a proposal for a compensation system in case of freight being delayed or damaged. It would have encouraged railway undertakings and their clients to regulate quality management contractually.

Noise management at EU airports

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Noise management at EU airports

Outline of the Community (European Union) legislation about Noise management at EU airports

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Transport > Transport energy and the environment

Noise management at EU airports

Document or Iniciative

Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise?related operating restrictions at Community airports [See amending act].

Summary

This directive aims to promote the sustainable development of air transport through the reduction of noise pollution from aircraft at airports. The use of aircraft with a better environmental performance can contribute to a more effective use of the available airport capacity and facilitate the development of airport infrastructure in line with market requirements.

The directive lays down common rules for prohibiting the noisiest aircraft from European airports and repeals Regulation (EC) No 925/1999, the ‘Hushkit’ Regulation, which was intended to prohibit the registration in Europe of aircraft fitted with noise-reducing devices.

This new directive allows airports with a noise problem to introduce a series of operating restrictions, including the gradual withdrawal of the noisiest aircraft. The ‘Hushkit Regulation’ had maintained the status quo and did not provide for the withdrawal of aircraft fitted with noise-muffling systems already operating in Europe.

EU countries’ competent authorities may prohibit or restrict the use of aircraft whose compliance with the International Civil Aviation Organisation (ICAO) noise standards is only ‘marginal’, i.e. aircraft which meet the standards in force by a margin of no more than 5 decibels.

The airport authorities must establish the existence of a noise nuisance by carrying out an impact assessment and prove that all other available measures to reduce noise at the airport concerned have been taken.

Objectives and content

The ‘Hushkits Regulation’ was a response to the inability to reach an agreement within the ICAO on measures to control aircraft noise. Hushkits are devices fitted to the engines of older designs of aircraft in order to reduce their noise levels.

In the directive, noise management is structured around a balanced approach. It is an approach that involves solving noise problems on an ‘airport-by-airport’ basis and requires careful assessment of four key elements:

  • reduction of aeroplane noise at source;
  • land-use planning and management measures;
  • noise abatement operational procedures;
  • local operating restrictions relating to noise problems.

The objectives of the directive are to:

  • lay down rules for the EU to facilitate the introduction of operating restrictions in a consistent manner at airport level so as to limit or reduce the number of people significantly affected by the harmful effects of noise;
  • provide a framework which safeguards internal market requirements;
  • promote development of airport capacity in harmony with the environment;
  • facilitate the achievement of specific noise abatement objectives at individual airport level;
  • achieve maximum environmental benefit in the most cost-effective manner.

The directive allows for more stringent noise standards. However, unlike the ‘Hushkits Regulation’, it allows such restrictions to be imposed only at the most noise?sensitive airports (those with more than 50 000 movements per year and city airports).

Four city airports (Berlin-Tempelhof, Stockholm Bromma, London City and Belfast City) will be able to apply more stringent rules. Aircraft registered in developing countries and already in use before December 2001 at the European airports concerned may be exempted for a period of ten years.

As the directive lays down identical rules for all airports, it also ensures compliance with the rules of the internal market by preventing unfair competition between airports.

The directive allows for a common approach for assessing the current and foreseeable noise climate. If necessary, airports may require that ‘marginally compliant’ aircraft, i.e. old aircraft fitted with systems which reduce noise by small amounts, be withdrawn.

References

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

Directive 2002/30/EC

28.3.2002

28.9.2003

OJ L 85, 28.3.2002
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1137/2008

11.12.2008

–

OJ L 311, 21.11.2008

Successive amendments and corrections to Directive 2002/30/EC have been incorporated in the basic text. This consolidated versionis for reference purposes only.

Related Acts

Report from the Commission to the Council and the European Parliament of 15 February 2008 – Noise Operation Restrictions at EU Airports – (Report on the application of Directive 2002/30/EC) [COM(2008) 66 final – Not published in the Official Journal].

The report looks at whether the objective of Directive 2002/30/EC has been achieved and to what extent the directive itself contributed to this. It includes an assessment of the directive’s effectiveness and concludes that it:

  • has made it possible to create a harmonised structure for a balanced approach and to ensure that all interests are taken into account when restrictions are considered;
  • has been used only at a limited number of airports and is not sufficiently clear;
  • has had a limited impact on aircraft.

Furthermore, the report notes that, in general, the number of people affected by noise has increased because the number of movements has increased.
The Commission predicts that the number of people affected will continue to rise and therefore intends to look into whether it would be possible to clarify both the provisions of the directive and its scope.

Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise [Official Journal L 189 of 18 July 2002].

Radio and telecommunications terminal equipment

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Radio and telecommunications terminal equipment

Outline of the Community (European Union) legislation about Radio and telecommunications terminal equipment

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Information society > Current general legal framework

Radio and telecommunications terminal equipment

Document or Iniciative

Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity [See amending acts].

Summary

This Directive is intended to encourage rapid dissemination of innovative technology and thus promote competition in the internal market for telecommunications.

Scope

The Directive applies to radio equipment * and telecommunications terminal equipment *. The Directive also applies where this equipment :

  • incorporates, as an integral part or as an accessory, a medical device within the meaning of Directive 93/42/EEC on medical devices;
  • incorporates, as an integral part or as an accessory, an active implantable medical device within the meaning of Directive 90/385/EEC on active implantable medical devices;
  • constitutes a component or a separate technical unit of a vehicle, within the meaning of Directive 72/245/EEC relating to radio interference caused by motor vehicles;
  • constitutes a component or a separate technical unit of a vehicle, within the meaning of Directive 2002/24/EC relating to the type-approval of two- or three-wheel motor vehicles.

The Directive does not apply to apparatus exclusively used for activities concerning public security, defence, State security and the activities of the State in the area of criminal law; nor does it apply to:

  • radio equipment used by radio amateurs, except when it is commercially available fully assembled;
  • equipment covered by Directive 96/98/EC relating to marine equipment;
  • wires and cables;
  • radio equipment intended to be used solely for the reception of sound and TV broadcasting services;
  • products, equipment or components within the meaning of Council Regulation (EEC) No 3922/91 relating to the field of civil aviation;

Essential requirements and harmonised European standards

Member States must ensure that apparatus complies with the essential requirements of the Directive where it is properly installed, maintained and used, which is a condition for its being placed on the market.

The following essential requirements are applicable to the apparatus:

  • protection of the health and safety of the user and any other person, including the security provisions laid down in Directive 2006/95/EC, relating to electrical equipment designed for use within certain voltage limits (but with no lower voltage limit);
  • electromagnetic compatibility as per Directive 2004/108/EC;
  • use of the spectrum allocated to terrestrial/space radiocommunication and to orbital resources, which make it possible to avoid harmful interference.

When an apparatus is in conformity with harmonised European standards, in accordance with the procedures established by Directive 98/34/EC, the Member States presume that the current Directive’s requirements have been met.

Information and notification

Member States shall ensure that the manufacturers or the persons responsible for placing the apparatus on the market provide information on its use in the documentation or packaging, together with the declaration of conformity with the essential requirements.

More specifically, for radio equipment, this information must be sufficient to identify on the packaging and in the instructions for use of the apparatus the Member States or the geographical area within a Member State where the equipment is intended to be used.

For telecommunications terminal equipment, such information must identify the interfaces of the public telecommunications networks to which the equipment is intended to be connected.

CE marking

Apparatus which complies with all the essential requirements bears the CE conformity marking. Manufacturers identify their apparatus by stating its type, batch and/or serial numbers and by the name of the manufacturer or of the person responsible for placing the apparatus on the market.

If a notified body has been consulted by the manufacturer regarding the equipment’s conformity with the Directive, its number accompanies the CE marking.

In its Decision 2000/299/EC of 6 April 2000, the Commission established a class of radio equipment and telecommunications terminal equipment that cannot be used everywhere in the EU (as in the case of non-harmonised national frequency plans). This type of equipment must bear a corresponding warning mark along side the CE marking.

Placing on the market and free movement

Member States must not prohibit, restrict or impede the placing on the market and putting into service on their territory of any apparatus if it complies with the essential requirements and other provisions of the Directive.

If a Member State decides that apparatus does not meet the requirements of this Directive, it may prohibit, interrupt or restrict the placing on the market and also the putting into service of that apparatus.

Putting into service and the safeguard clause

Member States may restrict the putting into service of radio equipment only for reasons relating to the efficient and appropriate use of the radio spectrum, the need to avoid harmful interference, or public health issues.

If a Member State decides that an apparatus does not satisfy the requirements of the safeguard clause, it may take measures to withdraw it from service, to prohibit its being in service or to restrict its free movement.

Conformity assessment and notified bodies

This Directive lays down the procedures from which the manufacturer may choose for assessing conformity with the essential requirements for different types of equipment. Member States notify the Commission of the bodies they have designated to carry out the conformity assessment procedures.

If the manufacturer so chooses, the procedures for assessing conformity with essential requirements in Directive 73/23/EEC and Directive 89/336/EEC may also be used for assessing conformity with the respective requirements of those directives.

Key terms used in the act
  • Radio equipment: a product, or component thereof, capable of communication by means of the emission and/or reception of radio waves utilising the spectrum allocated to terrestrial/space radio communication.
  • Telecommunications terminal equipment: a product, or a component of a product, which is intended to be connected directly or indirectly to interfaces of public telecommunications networks.
  • Apparatus: any radio equipment, telecommunications terminal equipment, or both.

References

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

Directive 1999/5/EC

7.4.1999

7.4.2000

OJ L 91 of 7.4.1999
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1882/2003.

20.11.2003

–

OJ L 284 of 31.10.2003

Regulation (EC) No 596/2009

18.6.2009

–

OJ L 188 of 18.7.2009

Successive amendments and corrections to Directive 2000/29/EEC have been incorporated into the basic text. This consolidated versionis for reference only.

Related Acts

Reports

Report from the Commission to the Council and the European Parliament of 9 February 2010 – second Progress Report on the operation of Directive 1999/5/EC, on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity [COM(2010) 43 final – Not published in the Official Journal].

This Report describes the operation of Directive 1999/5/EC with a view to its future revision.
The Report notes that the objectives of the Directive have been achieved in terms of:

  • protection of health for users;
  • the safety of users;
  • the electromagnetic compatibility of telecommunications terminals and radio equipment;
  • the avoidance of harmful interference.

However, the Report stresses that market entrance for innovative radio technologies and the traceability of the manufacturer or the person responsible for placing products on the market need to be improved.

Report from the Commission to the Council and the European Parliament of 22 April 2004 – First Progress Report Directive 1999/5/EC (the R&TTE Directive) [COM(2004) 288 final – Not published in the Official Journal].
This Report notes that the implementation of Directive 1999/5/EC has contributed towards the development of the internal market for radio and terminal equipment. However, the administrative provisions of the Directive are not sufficiently adhered to, which puts into question of the proportionality of these provisions and the effectiveness of communicating them to the sector.

Decisions

Commission Decision 2005/631/EC of 29 August 2005 concerning essential requirements as referred to in Directive 1999/5/EC of the European Parliament and of the Council ensuring access to Cospas-Sarsat locator beacons to emergency services. [Official Journal L 225 of 31.08.2005].

Commission Decision 2005/53/EC of 25 January 2005, relating to the application of Article 3(3)(e) of Directive 1999/5/EC of the European Parliament and of the Council to radio equipment intended to participate in the Automatic Identification System (AIS) [Official Journal L 22 of 26.01.2005].

Commission Decision 2004/71/EC of 4 September 2003 on essential requirements relating to marine radio communication equipment which is intended to be used on non-SOLAS vessels and to participate in the Global Maritime Distress and Safety System (GMDSS) [Official Journal L 16 of 23.01.2004].

Commission Decision 2001/148/EC of 21 February 2001 on the application of Article 3(3)(e) of Directive 1999/5/EC to avalanche beacons [Official Journal L 55 of 24.02.2001].

Commission Decision 2000/637/EC of 22 September 2000 on the application of Article 3(3)(e) of Directive 1999/5/EC to radio equipment covered by the regional arrangement concerning the radiotelephone service on inland waterways [Official Journal L 269 of 21.10.2000].

Commission Decision 2000/373/EC of 26 May 2000 concerning the request by France to maintain pursuant to Article 18(3) of Directive 1999/5/EC of the European Parliament and of the Council (the Terminal Directive) a requirement for telecommunications terminal equipment intended for connection to the analogue public switched telephone network of France Telecom [Official Journal L 135 of 08.06.2000].

Commission Decision 2000/299/EC of 6 April 2000 establishing the initial classification of radio equipment and telecommunications terminal equipment and associated identifiers [Official Journal L 97 of 06.04.2000].

Regulations

Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) [Official Journal L 96 of 31.03.2004].

Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation [Official Journal L 373 of 31.12.1991].

Recommendation

Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) [Official Journal L 199 of 30.07.1999].

Directive

Directive 98/10/EC of the European Parliament and of the Council of 26 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment [Official Journal L 101 of 01.04.1998].

Strengthening cooperation with Switzerland, Norway and Iceland: the Lugano Convention

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Strengthening cooperation with Switzerland, Norway and Iceland: the Lugano Convention

Outline of the Community (European Union) legislation about Strengthening cooperation with Switzerland, Norway and Iceland: the Lugano Convention

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Justice freedom and security > Judicial cooperation in civil matters

Strengthening cooperation with Switzerland, Norway and Iceland: the Lugano Convention (2007)

Document or Iniciative

Council Decision 2007/712/EC of 15 October 2007 on the signing, on behalf of the Community, of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

Summary

The “new Lugano Convention” will apply to jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. It will not apply to tax, customs and administrative matters or to the status and legal capacity of natural persons, rights in property arising from matrimonial relationships, wills and succession, bankruptcy or composition, social security or arbitration.

With this decision, the Council of the European Union (EU) authorises the President of the Council to designate the persons empowered to sign the convention on behalf of the Community. The text of the convention is attached to the decision.

Achieving a high level of circulation of judgments

The convention, signed on 30 October 2007 by the European Community, along with Denmark, Iceland, Norway and Switzerland, will come into force as soon as it is ratified by the signatories. It will replace the Lugano Convention of 16 September 1988. The contracting parties must deposit their instruments of ratification with the Swiss Federal Council, which will serve as depositary of the convention. Once it has come into force, the convention will be open to:

  • future members of the European Free Trade Association (EFTA);
  • Member States of the European Community acting on behalf of certain non-European territories that are part of their territory or for whose external relations they are responsible;
  • any other state, subject to the unanimous agreement of all the contracting parties.

Based on the rules applicable between EU Member States

The convention follows the present legal framework of the Community, namely the “Brussels I” regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters between Member States. The rules will therefore be similar in the EU and in Switzerland, Norway and Iceland. The convention will also facilitate the mutual recognition and enforcement of judgments handed down by the national courts of these countries.

The convention provides that, in general, persons domiciled in a state bound by the convention are sued in that state, whatever their nationality. However, it also provides for special rules of jurisdiction in certain matters, such as with regard to:

  • contracts: jurisdiction resides with the courts of the place of performance of the obligation;
  • maintenance: jurisdiction resides with the courts of the place where the maintenance creditor is domiciled or habitually resident;
  • tort, delict or quasi-delict: jurisdiction resides with the courts of the place where the harmful event occurred or may occur.

The convention also provides for specific jurisdictions in matters relating to insurance, consumer contracts and individual contracts of employment. Jurisdiction in matters relating to tenancies and real property rights resides exclusively with the courts of the contracting state in which the property is situated.

A number of protocols are annexed to the convention, among other things to ensure that it is interpreted as uniformly as possible.

Signing of the convention marks a major institutional development

The European Court of Justice confirms in its Opinion 1/03 that the European Community is exclusively competent to conclude the new Lugano Convention.

Signed on behalf of the Community on 30 October 2007, the convention is a key part of Community law. It runs for an unlimited period.

Council Decision 2009/430/EC of 27 November 2008 approved the conclusion of the convention on behalf of the Community. It also established the declarations to be made at the time of depositing the Community instrument of ratification (annexed to the decision).

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2007/712/EC

15.10.2007

–

OJ L 339 of 21.12.2007

Protection of video game users

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Protection of video game users

Outline of the Community (European Union) legislation about Protection of video game users

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Audiovisual and media

Protection of video game users

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the protection of consumers, in particular minors, in respect of the use of video games – 22 April 2008 [COM(2008) 207 final – Not published in the Official Journal].

Summary

This Communication examines the methods used to assess the content, classification and labelling of video and computer games in Member States. It follows the Council Resolution of 1 March 2002 on the protection of consumers through the labelling of certain video games and computer games [OJ C65, 14.3.2002].



Video game rating systems


The Pan-European Game Information age rating system (PEGI) is a voluntary, self-regulatory system. It was introduced following consultations with the industry and civil society in order to replace national age rating systems with a single European system.

Most European Union (EU) Member States use PEGI, and some also have specific legislation. However, in 2008, Cyprus, Luxembourg, Romania and Slovenia had no age or content rating systems in place.



Access to video games


Half of the Member States have specific legal provisions, in both civil and criminal law, concerning the sale of video games with content that may be harmful to minors in retail shops. In 2008, Bulgaria, Cyprus, Denmark, Hungary, Luxembourg, Poland, the Czech Republic and Romania had no specific legislation governing these matters.


A Code of Conduct for video game retailers could improve the protection of minors in Europe. Complementary measures such as media literacy campaigns and parental awareness-raising activities may also be necessary.

Some States have officially banned the distribution of certain video games due to their illegal or dangerous nature. The Commission considers that these bans should be limited to cases where there are serious breaches of human dignity.

Access to computer games

In the majority of Member States, online games are subject to general national legislation. Alternatively, the legislation concerning offline video games may be applied by analogy. Some States use the PEGI Online system, which was designed to better protect young people against unsuitable gaming content and to help parents understand the dangers of the Internet.


Because online games are readily accessible on the Internet, certain Member States have taken additional protection measures. This is notably the case in Germany, which has created a Common Agency for Youth Protection on the Internet, in Ireland, where consumers can call a special hotline, and in Latvia, where the distribution of video games is subject to strict conditions.


The Commission is proposing a pan-European dialogue to reinforce the monitoring of this category of video game. In addition, it points out that the fight against cybercrime could be enhanced through public-private cooperation.



Harmonisation of policies


Offline and online video games are subject to different regulations and rating systems. Cross-platform pan-European ratings would promote system transparency and the free movement of products within the European market.


The Commission calls on Member States and stakeholders to:

  • protect minors while ensuring high standards of freedom of expression;
  • integrate the information and classification system put in place for the purposes of the PEGI and PEGI Online initiatives into their national systems;
  • raise awareness of the PEGI and PEGI Online systems, and improve media literacy;
  • develop new age and content verification systems;
  • better assess the positive and negative effects of video games;
  • adopt a Pan-European Code of Conduct on the sale of video games to minors.



Context


In view of the significant growth of the video game market and the increased access to media, in particular the Internet, the European Union is seeking to provide a high level of protection for minors and human dignity. The Insafe network managed by the European Commission aims to inform the general public about the use of new media by children.

Single market: improving its functioning

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Single market: improving its functioning

Outline of the Community (European Union) legislation about Single market: improving its functioning

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Internal market > Internal market: general framework

Single market: improving its functioning

Document or Iniciative

Commission Recommendation 2009/524/EC of 29 June 2009 on measures to improve the functioning of the single market (Text with EEA relevance).

Summary

This Recommendation aims to improve the functioning of the single market. It presents a set of measures intended to guarantee the application of the Community rules and to promote best practices which already exist in certain Member States.

Improving coordination and cooperation

This Recommendation invites Member States to designate a new authority or to use the existing structures in their national administration to ensure that a body assumes responsibility for coordination with regard to the single market. Government ministries and public bodies must also cooperate with each other.

The European Commission also considers it pertinent to bring together responsibilities for a number of single market related activities within a single authority.

Cooperation between national authorities is strongly encouraged, on the one hand in order to make the existing networks such as the IMI, RAPEX or RASFF more operational and, on the other hand, to ensure that the responses to Commission requests concerning the application of single market rules at national level are more effective. From this perspective, this Recommendation encourages Member States to follow the example of cooperation between Nordic and Baltic countries in the context of market surveillance.

Improving the transposition of single market rules

Member States are invited to prepare actively for the transposition, application and enforcement of single market directives at national level.

It is crucial that relevant information is communicated between national administrations and national, regional and devolved parliaments in order to raise awareness of negotiations and the process for the transposition of Community rules. To this end, some Member States draw up national impact assessments when a directive is tabled by the Commission.

Improving market monitoring and the application of rules

The Commission recommends that Member States take measures aimed at monitoring the market, by using analysis carried out by academics, consultants, National Statistical offices or complaint handling bodies.

Local stakeholders are also strongly encouraged to participate in the market monitoring process.

In addition, officials responsible for applying single market rules should be able to receive continued training on Community law in general and single market rules in particular.

Promoting problem-solving mechanisms

This Recommendation encourages Member States to develop non-judicial problem-solving mechanisms and to participate in existing Community systems such as SOLVIT.

As far as the national judiciary is concerned, Member States must provide to judges basic training in Community law and single market rules to enable them to take better account of the requirements of Community law in their judgments.

Assessing national legislation

It is important that Member States should ensure the monitoring and assessment of national legislation implementing single market rules in order to rectify any deficiency or error in the application of Community rules without delay.

The Commission proposes that Member States should develop ex-post impact assessment reports or audits to monitor the implementation of single market directives.

Informing citizens and businesses about their rights

Citizens and businesses can obtain information about their rights from the Community information services within national administrations. It is therefore vital to ensure increased coordination between the national contact points responsible for these Community information services.

The Your Europe portal should be more visible and provide clearer information online.

Information campaigns and programmes should be launched to report the benefits and opportunities offered by the single market.

Context

The Communication “A single market for 21st century Europe” emphasised a number of shortcomings of the single market due to poor application of and non-compliance with Community rules. The Commission has therefore reviewed the single market with the aim of proposing specific measures for citizens and businesses to ensure that they benefit from the economic advantages created by this market.

Road safety: Driving licences

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Road safety: Driving licences

Outline of the Community (European Union) legislation about Road safety: Driving licences

Topics

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

Transport > Road transport

Road safety: Driving licences

Document or Iniciative

Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences.

Summary

This Directive recasts Directive 91/439/EEC – which it repeals – and incorporates into it the amendments previously introduced by Directives 94/72/EC, 96/47/EC, 97/26/EC, 2000/56/EC and 2003/59/EC.

The Directive also introduces substantive changes with the aim of:

  • reducing the scope for fraud: the Directive replaces the paper driving licence with a model in the form of a plastic card. Existing paper licences do not need to be exchanged, but will no longer be issued once the new legislation applies. European Union (EU) countries which so wish may equip the new licence with a microchip incorporating the information printed on the card;
  • ensuring the free movement of citizens: driving licence holders will retain their acquired rights, but regular renewal of the document will limit the scope for fraud by allowing the protection features of all licences, and the holder’s photograph, to be updated. All licences will have a given period of validity and will be unconditionally valid in all EU countries.
    All new category A (motorcycles) and category B (cars) licences issued after the Directive enters into force will in principle be valid for 10 years (EU countries may opt for an administrative validity of up to 15 years). All new category C (lorries) and category D (buses/coaches) licences are valid for 5 years;
  • helping to improve road safety: the Directive introduces a new category of licence for mopeds and harmonises the frequency of medical checks for professional drivers. It also introduces minimum requirements for the initial qualification and the training of driving examiners.

The Directive also takes over the substance of the existing legislation: EU countries’ national driving licences must be based on the EU model. Licences issued by EU countries must be mutually recognised. Page 1 of the licence must contain the distinguishing sign of each country.

The driving licence may authorise the holder to drive vehicles in the following categories:

  • category A – motorcycles weighing less than 750 kg;
  • category B – vehicles weighing less than 3 500 kg or caravans weighing less than 4 250 kg;
  • category B+E – combinations consisting of a category B vehicle and trailer;
  • category C – vehicles weighing more than 3 500 kg;
  • category C+E – combinations consisting of a category C vehicle and trailer;
  • category D – vehicles having more than 8 seats;
  • category D+E – combinations consisting of a category D vehicle and trailer.

Specific driving licences can be obtained for certain categories depending on the maximum cubic capacity and the maximum power in kW (kilowatts).

Driving licences must state the conditions subject to which the driver is authorised to drive. If, because of a physical disability, driving is authorised only for certain types of vehicle or for adapted vehicles, then this should be reflected through a specific code in the driving licence.

The issuing of driving licences is also subject to the following conditions: licences for categories C and D may be issued only to drivers already entitled to drive vehicles in category B, and licences for categories B+E, C+E and D+E may be issued only to drivers already entitled to drive vehicles in categories B, C and D respectively.

The minimum age for the issuing of driving licences is as follows: 16 years for categories A1 (light motorcycles) and B1 (motor-powered tricycles and quadricycles), 18 years for categories A, B, B+E, C and C+E and 21 years for categories D and D+E. EU countries may, however, raise or lower the minimum age, within given limits, for certain categories.

EU countries must ensure that applicants for driving licences possess the knowledge and skills and exhibit the behaviour required for driving a motor vehicle. In general, the tests introduced to this effect must consist of:

  • a theory test;
  • a test of skills and behaviour.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2006/126/EC

19.1.2007

19.1.2011

OJ L 403 of 30.12.2006

Successive amendments and corrections to Directive 2006/126/EC have been incorporated in the basic text. This consolidated versionis for reference purposes only.

Related Acts

Commission Regulation (EU) No 383/2012 of 4 May 2012 laying down technical requirements with regard to driving licences which include a storage medium (microchip).

The Regulation establishes the technical rules regarding driving licences which include a microchip. All data stored on the microchip must comply with the provisions of Annex I to this Regulation. The Regulation also covers procedure for EU type-approval certificates, which are issued to the manufacturer or its representative when all relevant provisions of this Regulation are met.

Deployment of the rail signalling system ERTMS/ETCS

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Deployment of the rail signalling system ERTMS/ETCS

Outline of the Community (European Union) legislation about Deployment of the rail signalling system ERTMS/ETCS

Topics

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

Transport > Rail transport

Deployment of the rail signalling system ERTMS/ETCS

Document or Iniciative

Communication from the Commission to the European Parliament and the Council on the deployment of the European rail signalling system ERTMS/ETCS [COM(2005) 298 final – Not published in the Official Journal].

Summary

Europe has more than twenty different signalling and speed control systems for rail transport. Although expensive, on-board systems in locomotives fitted with transducers, which react to signals transmitted from the track, are necessary for both safety and traffic management. Nevertheless, the coexistence of various systems is a barrier to the development of international rail traffic, as locomotives have to be able to ‘read’ the signals from different networks when crossing borders. The Thalys train for example, which links Paris and Brussels in particular, has seven on-board systems. This results in increased costs and breakdown risk, as well as being a headache for drivers, who have to be able to juggle several interfaces. In addition, this segmentation represents an obstacle to the integration of rail transport on a European scale, while road transport benefits from the absence of such barriers.

Considering the abolition of these barriers to be fully in line with the Lisbon Strategy (since it will increase the competitiveness of the rail sector while promoting its integration), on 4 July 2005 the European Commission published a Communication on the deployment of the European rail signalling system ERTMS/ETCS.

The importance of signals for safety

The twenty different systems coexisting in Europe are currently developed on a national level. They are very different in terms of performance and safety. Several fatal accidents, including those in Bologna in 2005, Albacete in 2003 and London in 1999, show that a more effective signalling system with automatic train speed control could improve the safety of the railways.

A series of extra costs for operators

Locomotives operating internationally also have to be equipped with a variety of on-board systems able to process the information transmitted by track-side systems. As adding on-board systems is expensive, and sometimes even impossible, some trains have to stop at borders in order to change locomotive. As a result, for the Thalys train the numerous signalling systems to be integrated push up the cost of manufacturing each trainset by 60 %. Such obstacles make the connection and integration of the different European networks problematic.

The Commission therefore calls for the gradual transition to a system that is common to the various Member States: the European Rail Traffic Management System (ERTMS).

This has two components:

  • GSM-R, a radio communication system based on standard GSM (used by mobile telephones), but using various frequencies specific to rail;
  • ETCS (European Train Control System), which not only allows permitted speed information to be transmitted to the driver, but also monitors the driver’s compliance with these instructions.

The deployment of ETCS

While the deployment of GSM-R, based on successful public GSM technology, is taking place quickly, ETCS has been developed specifically for the rail sector and takes longer. It requires the installation of a specific module on board the train and for the transducers on the track to use the same ETCS format. Given the long service life of rail equipment (more than 20 years), it is impossible to renovate the entire network at once. The Commission therefore estimates that it is inevitable that there will often be at least one system coexisting with ETCS on board and/or on the track.

There is a lot at stake in the long term, especially with respect to reducing external costs, such as pollution, noise, safety and congestion. In addition, it appears that the costs of ETCS, used on its own, may be considerably lower than those of conventional systems. Having a single system would also reduce the complexity of the locomotives and thereby simplify maintenance operations. According to UNIFE (the Association of European Railway Industries), ETCS could consequently provide an increase in line capacity of between 2 and 20 % when compared with existing systems.

In favour of a rapid migration strategy

The Commission is planning a rapid migration strategy, with the aim of quickly reaching a critical mass of ETCS equipment. It therefore hopes that a sufficient number of traction units will be equipped over a period of ten or twelve years, while at the same time large interoperable international corridors are created.

The entire rail sector also hopes that such a strategy can be implemented, having endorsed a Memorandum of Understanding signed on 17 March 2005 with the Commission. In concrete terms this entails investments amounting to 5 billion in order to reach the critical mass by 2016. The Commission proposes to support up to 50 % of the investments. Support may diminish over time in order to speed up the migration. The rail sector has also pledged to assist the Member States in preparing national deployment plans.

The role of the European Railway Agency

In this context, it consequently has to be ensured that Community funds allocated elsewhere in the sector, and especially to infrastructure projects, do not work against the completion of an interoperable trans-European network. For this reason, the Commission hopes that failure to comply with the technical specifications of interoperability in general, and the use of systems other than ETCS in particular, even when legally justified, will be considered as minus points when evaluating the projects. In addition, it is important to guarantee that trains equipped with an ETCS and GSM-R module made by one manufacturer are able to run on a network equipped by another manufacturer.

The Commission therefore proposes to make the European Railway Agency, based in Lille/Valenciennes in France, responsible for these technical specifications. These specifications were first referred to by the Commission in 2002 and were supplemented in 2004. Consequently, for any project supported by Community funds and involving the implementation of ETCS or GSM-R, the final payment will be made subject to demonstration, by means of tests, of compliance with the specifications of interoperability.

A European coordinator

The Commission has also judged it appropriate to appoint a European coordinator, a prominent personality in the rail transport sector, to facilitate the coordinated deployment of ETRMS.

The certification of drivers

In addition, the Commission points out that the standardisation achieved through the implementation of ERTMS will permit less specific training for drivers, subject to the condition that they obtain the European Certificate. The European Railway Agency will also promote exchanges of drivers and trainers between railway companies in different Member States.

Alzheimer’s and other dementias: European initiative

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Alzheimer’s and other dementias: European initiative

Outline of the Community (European Union) legislation about Alzheimer’s and other dementias: European initiative

Topics

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

Public health > Health determinants: lifestyle

Alzheimer’s and other dementias: European initiative

Document or Iniciative

Communication from the Commission to the European Parliament and the Council of 22 July 2009 on a European initiative on Alzheimer’s disease and other dementias [COM(2009) 380 final – Not published in the Official Journal].

Summary

This Communication lays down milestones for a European initiative on Alzheimer’s disease and other forms of dementia.

Definitions

Dementia is a neurodegenerative disease which affects mental ability such as memory, thinking and judgement, even causing a deterioration in personality.

The most common types of dementia are:

  • Alzheimer’s disease (50 to 70 % of cases);
  • dementia caused by successive strokes (30 % of cases);
  • Frontotemporal dementia;
  • Pick’s disease
  • Binswanger’s disease;
  • Lewy-Body dementia.

Obstacles

Obstacles hindering the introduction of a European initiative to combat forms of dementia involve:

  • the lack of prevention and early diagnosis of the disease;
  • the lack of epidemiological data which limits understanding of the mechanisms of the disease;
  • the lack of exchanges of good practices between Member States;
  • the image and negative impact of the disease on the population.

First objective: prevention and early diagnosis of the disease

Preventing the disease or making an early diagnosis can delay the development of the disease. However, these risk factors are not the same according to the different forms of dementia. It is, for example, easier to detect vascular dementia than Alzheimer’s disease since risk factors for vascular dementia are already well known:

  • high blood pressure;
  • high cholesterol levels;
  • smoking.

Member States already have avenues to explore regarding the development of effective prevention of the disease. In particular:

  • the promotion and stimulation of physical and mental activities throughout life;
  • the control of the vascular risk factors mentioned above.

In order to meet this objective of prevention and early diagnosis, Member States shall put in place the following actions:

  • promote cardiovascular health and physical activity;
  • produce recommendations to inform the public;
  • include older people in a flexible retirement regime to allow them to remain active.

Second objective: to improve epidemiological knowledge

The European Commission proposes to collect data on the impact of these diseases through the “European Collaboration on Dementia (EuroCoDe)” project. The framework of the “Health” programme may also be used to prepare new criteria for early diagnosis. The Seventh Framework Programme for research and technological development (FP7) may also offer an effective research framework for Alzheimer’s disease and other forms of dementia.

It is also necessary to harmonise existing research frameworks both at European and national level in order to prepare coherent policies. To this end, actions include:

  • using the European Health Examination Survey to provide new Europe-wide data on the prevalence of people with early cognitive deficiencies;
  • launching a pilot Joint Programming approach to combat neurodegenerative diseases.

Third objective: exchange of good practices

Exchange of good practices may take place through the Open Method of Coordination (OMC) for social protection, social inclusion and long-term care. Moreover, the Commission may provide information on how ongoing Community programmes can finance these exchanges.

The OMC can help to define quality frameworks for medical and care services for people affected by the disease.

The European Union Disability Action Plan 2003-2010 (DAP) can also be used to support patients’ organisations.

Fourth objective: to respect patients’ rights

The Commission intends to establish a European Network for the protection of the rights and dignity of people with dementia. This Network would be responsible for working on issues related to the dignity, autonomy and social inclusion of patients.

Context

7.3 million Europeans between 30 and 99 years of age were suffering from dementia in 2006. According to the “Dementia in Europe Yearbook” report (2008) , the total direct and informal care costs of the disease amounted to EUR 130 billion for the European Union in 2005. Coordinated action at European level would reduce these figures and combat this major health problem.