Tag Archives: MO

Monitoring of zoonoses and zoonotic agents

Monitoring of zoonoses and zoonotic agents

Outline of the Community (European Union) legislation about Monitoring of zoonoses and zoonotic agents

Topics

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

Food safety > Animal health

Monitoring of zoonoses and zoonotic agents

Document or Iniciative

Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC [See amending act(s)].

Summary

The European Union is stepping up monitoring of zoonoses *, zoonotic agents * and related antimicrobial resistance. It has laid down minimum requirements applicable in the Member States to reinforce their existing monitoring systems, through which they collect, analyse and disseminate data on these phenomena with a view to identifying and characterising hazards, assessing exposure and defining the associated risks.

Increased monitoring of zoonoses and antimicrobial resistance

The Member States are responsible for establishing and maintaining monitoring systems. Monitoring is at the level of primary production * or other stages of the food chain, including in feed and food.

As a priority, the monitoring concerns the following zoonoses: brucellosis, campylobacteriosis, echinococcosis, listeriosis, salmonellosis, trichinellosis, tuberculosis due to Mycobacterium bovis, verotoxigenic Escherichia coli.

The monitoring also concerns, depending on the epidemiological situation, viral zoonoses (calicivirus, hepatitis A virus, influenza virus, rabies, viruses transmitted by arthropods), bacterial zoonoses (borreliosis, botulism, leptospirosis, psittacosis, tuberculosis other than that specified above, vibriosis, yersiniosis and agents thereof), parasitic zoonoses (anisakiasis, cryptosporidiosis, cysticercosis and toxoplasmosis), etc.

The monitoring methods specify:

  • the animal population or subpopulations and stages in the food chain to be covered by monitoring;
  • the nature and type of data to be collected;
  • sampling schemes and the methods of analysis to be used;
  • frequency of reporting of diseases or risks.

In some cases, data collected through routine monitoring are insufficient. Coordinated monitoring programmes for one or more zoonoses may prove necessary in order to assess specific risks or establish base-line values.

Member States are responsible for ensuring that monitoring provides comparable data on the occurrence of antimicrobial resistance in zoonotic and, where necessary, other important agents. Resistance means the ability of a microorganism to survive or to grow in a given concentration of an antimicrobial agent that is usually sufficient to inhibit or kill microorganisms of that species. Monitoring of antimicrobial resistance will supplement the monitoring of human isolates conducted in accordance with Decision No 2119/98/EC setting up a network for the epidemiological surveillance and control of communicable diseases in the Community.

Investigating food-borne outbreaks

The competent authorities in the Member States will investigate food-borne outbreaks, gathering data on the epidemiological profile, the foodstuffs potentially implicated and the potential causes. The competent authorities will submit an annual report to the Commission on the results of the investigations, which will be forwarded to the European Food Safety Authority (EFSA).

Facilitating information exchange

The exchange of information is necessary to obtain exhaustive and comparable data at European level. In each Member State one or more competent authorities cooperate with the authorities responsible for animal health, feed and food hygiene. Community and national reference laboratories are also designated.

Member States will assess trends and sources of zoonoses, zoonotic agents and antimicrobial resistance and submit a report to the Commission by the end of May each year. The Commission will forward these reports to the EFSA, which will examine them and publish a summary report by the end of November each year.

Key terms of the Act
  • Zoonosis: any disease and/or infection which is naturally transmissible directly or indirectly between animals and humans.
  • Zoonotic agent: any virus, bacterium, fungus, parasite or other biological entity which is likely to cause a zoonosis.
  • Primary production: the production, breeding or cultivation of primary products, including the rearing, processing and production of farm animals before slaughter. It also covers the hunting, fishing and harvesting of wild products.

References

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

Directive 2003/99/EC

12.12.2003

12.04.2004

OJ L 325, 12.12.2003

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

Directive 2006/104/EC

1.1.2007

1.1.2007

OJ L 363, 20.12.2006

Regulation (EC) No 219/2009

20.4.2009

OJ L 87, 31.3.2009

The successive amendments and corrections to Directive 2003/99/EC have been incorporated into the original text. This consolidated versionis of documentary value only.

Related Acts

Commission Decision 2007/407/EC of 12 June 2007 on a harmonised monitoring of antimicrobial resistance in Salmonella in poultry and pigs [Official Journal L 153 of 14.6.2007].

Commission Decision 2004/564/EC of 20 July 2004 concerning Community reference laboratories for the epidemiology of zoonoses and for salmonella and national reference laboratories for salmonella [Official Journal L 251 of 27.72004].

Mobility of young volunteers

Mobility of young volunteers

Outline of the Community (European Union) legislation about Mobility of young volunteers

Topics

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

Education training youth sport > Youth

Mobility of young volunteers

Document or Iniciative

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

Summary

This recommendation establishes a framework of cooperation for Member States, based on which the cross-border mobility of young volunteers may be strengthened. It does so with due respect to the diversity of the national volunteering schemes.

The Council has defined cross-border voluntary activities as: “open to all young people, undertaken by their own free will in the general interest, for a sustained period, within a clear framework and in a country other than the country of residence, unpaid or with token payment and/or coverage of expenses”. Voluntary activities provide a non-formal educational and informal learning experience through which young people may develop their professional and social skills and competences. Thereby, these activities enhance their employability and active citizenship, while benefiting local communities and fostering social cohesion.

With this recommendation, the Council is encouraging Member States to strengthen cooperation among voluntary organisations and public authorities involved in organising voluntary activities, in order to promote the mobility of young volunteers within Europe. To this end, Member States should take action to:

  • promote the dissemination of information on national voluntary activities;
  • facilitate stakeholders’ access to information regarding cross-border voluntary activities and provide information on rights and opportunities thereof;
  • facilitate young volunteers’ access to cross-border voluntary activities, in particular by simplifying the procedures;
  • develop opportunities for cross-border voluntary activities through a flexible approach, taking into consideration such issues as hosting capacities, establishment of contacts among volunteers, use of European mobility mechanisms, mobility of youth workers and training of those active in youth work;
  • promote the development of intercultural competences and the learning of languages as means to facilitate cross-border mobility;
  • support the development of self-assessment tools with which voluntary organisations may guarantee the quality of their cross-border activities;
  • exchange information and cooperate with each other in order to assure the social and legal protection of volunteers;
  • promote the recognition of volunteers’ learning outcomes through the use of national and European level qualification instruments;
  • promote the participation of young people with fewer opportunities in cross-border voluntary activities.

The Commission is committed to support Member States’ actions relating to the above. It will do this through the EU cooperation framework in the youth field, the open method of coordination as well as the European Voluntary Service (EVS), as contained in the youth in action programme. The Commission will develop opportunities for voluntary organisations to exchange information and experience on cross-border cooperation. In addition, it will establish a European Youth Volunteer Portal to disseminate information to all stakeholders.

Background

The common objectives for young people’s voluntary activities and their implementation at national level were identified in the Resolution of 15 November 2004 on common objectives for voluntary activities of young people and in its implementing resolution of 16 November 2007. These also requested that Member States develop means to measures progress in practice. The 2007 resolution further requested the Commission to propose additional ways to promote and recognise young people’s voluntary activities.

Motor vehicles with trailers: lateral protection for goods vehicles

Motor vehicles with trailers: lateral protection for goods vehicles

Outline of the Community (European Union) legislation about Motor vehicles with trailers: lateral protection for goods 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

Motor vehicles with trailers: lateral protection for goods vehicles (until 2014)

To harmonize the requirements to be met by vehicles as regards the side-guards of motor vehicles and their trailers.

2) Document or Iniciative

Council Directive 89/297/EEC of 13 April 1989 on the approximation of the laws of the Member States relating to the lateral protection (side-guards) of certain motor vehicles and their trailers [Official Journal L124 of 05.05.1989].

3) Summary

The Directive applies to big and heavy goods vehicles and their trailers (categories N2, N3, O3 and O4 as defined in Council Directive 70/156/EEC on type-approval of motor vehicles and their trailers) intended for road use with or without bodywork and having a maximum design speed above 25 km/h. It does not apply to buses as their normal bodywork fulfils the requirements.

No Member State may refuse, for reasons connected with lateral protection, to grant type-approval to vehicles which meet the requirements set out in the annex or prevent their sale, registration and use. Any modifications to parts or characteristics referred to in the annex shall be transmitted to the Member State which carried out the EC type-approval. The Member State may then decide whether to hold fresh tests on the modified type.

Annexes containing technical requirements for lateral protection and application form for EC type-approval. Appendix containing model of annex to type-approval certificate with information on lateral protection.

Consultation of a standing committee by the Commission before adapting the annex to technical progress.

Act Date of entry into force Deadline for implementation in the Member States
Directive 89/297/EEC 30.10.1989

4) Implementing Measures

5) Follow-Up Work

Motor vehicles with trailers: behaviour of steering device under impact

Motor vehicles with trailers: behaviour of steering device under impact

Outline of the Community (European Union) legislation about Motor vehicles with trailers: behaviour of steering device under impact

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

Motor vehicles with trailers: behaviour of steering device under impact (until 2014)

To harmonise the laws of the Member States in respect of the interior fittings of motor vehicles as regards behaviour of steering device under impact.

2) Document or Iniciative

Council Directive 74/297/EEC of 4 June 1974 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (behaviour of steering device under impact) [Official Journal L 165 of 20.06.1974].

Amended by the following act:

Council Directive 91/662/EEC of 6 December 1991 [Official Journal L 366 of 31.12.1991].

3) Summary

These Directives apply to the behaviour of the steering device fitted to category M1 motor vehicles and category N1 vehicles the maximum permissible weight of which is less than 1 500 kg in respect of driver protection in the event of a head-on collision.

Component type-approval procedure for each type of vehicle and steering control:

  • application for EC approval:

– lodged by the manufacturer or his authorized representative with the authorities respnsible for approval within a Member State;

– accompanied by the information requested in line with annex I to the present Directive;

  • approval procedure:

– provision is made for three types of test which concern either the type of vehicle or the type of steering control: these are the impact test against a barrier, the impact test against a test block and the headform test;

– where the type of vehicle or steering control meets the requirements of the tests an EC approval certificate and its annex are issued by the Member State authority that is responsible for approval.

Implementation of the Directive:

  • 1 October 1992: manufacturers voluntarily meeting the safety standards may obtain EC approval;
  • 1 October 1995: mandatory application of the safety standards for:

– component type-approval of the steering device fitted to forward-control category M1 vehicles and to all motor vehicles the maximum permissible weight of which does not exceed 1 500 kg;

– the placing on the market of steering controls intended to be fitted to one or several types of vehicle;

  • 1 October 1996, mandatory application of safety standards concerning:

– the steering device for normal-control category M1 motor vehicles;

– the steering control for all types of vehicle.

These provisions shall only apply from 1 October 1997 to:

  • category M1 vehicles;
  • category N1 vehicles the maximum permissible weight of which does not exceed 1 500 kg.

Procedure for the adaptation of the Directive to technical progress.

Act Date
of entry into force
Final date for implementation in the Member States
Directive 74/297/EEC 10.06.1974 10.12.1975
Directive 91/662/EEC 01.10.1992

4) Implementing Measures

5) Follow-Up Work

Motor vehicles with trailers: front underrun protection devices

Motor vehicles with trailers: front underrun protection devices

Outline of the Community (European Union) legislation about Motor vehicles with trailers: front underrun protection devices

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

Motor vehicles with trailers: front underrun protection devices (until 2014)

To improve the protection of the occupants of passenger cars and light vans from injury in the event of a head-on collision with heavy goods vehicles.

2) Document or Iniciative

Directive 2000/40/EC of the European Parliament and the Council of 26 June 2000 on the approximation of the laws of the Member States relating to the front underrun protection of motor vehicles and amending Directive 70/156/EEC of the Council [Official Journal L 203 of 10.08.2000].

3) Summary

The Community has acceded to the United Nations Economic Commission for Europe Agreement concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts. Through its accession to the Agreement, the Community subscribed to a defined list of Regulations, including Regulation No 93 concerning front underrun protective devices for commercial vehicles having a mass exceeding 3.5 tonnes.

In order to reduce the number of European road accident casualties, the Commission proposes the introduction of the measures established by that Regulation into the EC type-approval procedure set up by Council Directive 70/156/EEC.

A front underrun protective device is defined as “a front underrun protective device which is intended to be part of a vehicle and which can be approved as a separate technical unit in accordance with Directive 70/156/EEC”.

Member States may not refuse to grant type-approval (EC or national), or prohibit the registration, sale or entry into service of vehicles on grounds relating to their front underrun protection if it complies with the technical requirements of the Directive.

Member States may no longer grant type-approval (EC or national) and must prohibit the registration, sale or entry into service of vehicles on grounds relating to their front underrun protection if it does not comply with the technical requirements of the Directive.

Applications for EC type-approval must be submitted by the manufacturer of the front underrun protective device, using the model information document in the Annex to the Directive as a basis. A representative sample of the type of device to be approved must be submitted to the technical service responsible for conducting the type-approval tests.

The technical requirements which have to be complied with in order to obtain a type-approval in accordance with the Directive are those set out in United Nations Economic Commission for Europe Regulation 93.

Act Date of entry into force Deadline for implementation in the Member States
Directive 2000/40/EC 10.08.2000 10.08.2001

4) Implementing Measures

5) Follow-Up Work

Regulation No 93 of the Economic Commission for Europe of the United Nations (UN/ECE) – Uniform provisions concerning the approval of front underrun protective devices (FUPDs), vehicles with regard to the installation of an FUPD of an approved type, and vehicles with regard to their front underrun protection (FUP) [Official Journal L 032 of 01.02.2002].

Motor vehicles with trailers: protection of occupants in the event of a frontal impact

Motor vehicles with trailers: protection of occupants in the event of a frontal impact

Outline of the Community (European Union) legislation about Motor vehicles with trailers: protection of occupants in the event of a frontal impact

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

Motor vehicles with trailers: protection of occupants in the event of a frontal impact (until 2014)

To reduce the number of road accident victims in Europe to improve the protection of occupants of motor vehicles in the event of a head-on collision.

2) Document or Iniciative

Directive 96/79/EC of the European Parliament and of the Council of 16 December 1996 on the protection of occupants of motor vehicles in the event of a frontal impact and amending Directive 70/156/EEC [Official Journal L 18 of 21.01.1997].

Amended by:

Commission Directive 1999/98/EC of 15 December 1999 [Official Journal L 9 of 13.01.2000].

3) Summary

Directive 96/79/EC

The Directive establishes test requirements for devices which aim to protect the occupants of motor vehicles in the event of a frontal impact. In particular, biomechanical criteria are introduced to ensure a high level of protection.

For the purposes of this Directive, a protective system is defined as the fittings and devices intended to restrain the occupants in their seats (such as seatbelts, airbags, etc.). Thus the Directive establishes methods for testing these devices.

No Member State may, on grounds concerning the protection of occupants of vehicles in the event of a frontal impact, refuse, in respect of a vehicle type, to grant EC type-approval or national type-approval, or prohibit the registration, sale or entry into service of a vehicle, if it complies with the requirements of this Directive.

Directive 1999/98/EC

Directive 1999/98 amends the Annexes to the previous Directive incorporating the conclusions of assessment tests on the ankle of the Hybrid III dummy, including tests on vehicles.

Act Date
of entry into force
Final date for implementation in the Member States
Directive 96/79/EC 10.02.1997 01.04.1997
Directive 1999/98/EC 02.02.2000 30.09.2000

4) Implementing Measures

5) Follow-Up Work

 

MODINIS programme: follow-up of eEurope 2005 action plan

MODINIS programme: follow-up of eEurope 2005 action plan

Outline of the Community (European Union) legislation about MODINIS programme: follow-up of eEurope 2005 action plan

Topics

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

Information society > Digital Strategy i2010 Strategy eEurope Action Plan Digital Strategy Programmes

MODINIS programme: follow-up of eEurope 2005 action plan

The aim of MODINIS is intended to follow up the eEurope 2005 action plan by disseminating good practices, comparing performances of the Member States and supporting action to raise awareness and thus to enhance the security of networks and information.

Document or Iniciative

Decision 2256/2003/EC of the European Parliament and of the Council of 17 November 2003 adopting a multiannual programme (2003-2005) for the monitoring of the eEurope 2005 action plan, dissemination of good practices and the improvement of network and information security (MODINIS) [See amending acts]

Summary

Objectives of the programme

The MODINIS programme has the following objectives:

  • to monitor performance of and within Member States and to compare it with the best in the world by using, where possible, official statistics;
  • to support efforts made by Member States in the framework of eEurope at national, regional or local level, by analysing good practices and establishing a mechanism of exchange of experiences;
  • to analyse the economic and societal consequences of the information society with a view to facilitating policy discussions, particularly in terms of industrial competitiveness and cohesion as well as in terms of social inclusion;
  • to prepare for the establishment of the future structure at European level for network and information security issues.

The programme also provides a common framework for interaction at European, national, regional and local levels.

Action planned

Various forms of action will be undertaken to attain the above objectives:

  • monitoring and comparison of performance. Particular attention will be given to information concerning the main eEurope 2005 objectives, i.e. stimulating the development of services, applications and content while speeding up the deployment of secure broadband Internet access.
  • dissemination of good practices which will help to ensure the successful implementation of eEurope 2005. This will be achieved through studies and the organisation of targeted conferences, seminars and workshops;
  • analysis and strategic discussion through support for the work of social and economic experts and support for the eEurope steering group to provide an overview of implementation of the eEurope 2005 action plan and offer a forum to exchange experiences;
  • improvement of network and information security. The MODINIS programme will contribute towards preparing the establishment of a structure at European level for network and information security issues. To this end, it will finance surveys, studies and workshops on subjects such as security mechanisms and their interoperability, network reliability and protection, advanced cryptography, privacy and security in wireless communication.

In carrying out these objectives, the Commission will take appropriate measures, including the following:

  • awarding of contracts for the execution of tasks relating to surveys, exploratory studies, workshops and conferences;
  • collecting, publishing and disseminating information and developing web-based services;
  • granting support for meetings of experts, conferences and seminars.

Duration and funding

The MODINIS programme has been operational since 1 January 2003. Initially planned to last until 2005, it has been extended by Decision 2113/2005/EC until 31 December 2006. The financial envelope for 2003-2006 is EUR 30.16 million.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2256/2003/EC [adoption: codecision COD/2002/0187] 24.12.2003 OJ L 336 of 23.12.2003
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Decision 2113/2005/EC [adoption: codecision COD/2005/0144] 27.12.2005 OJ L 344 of 27.12.2005

Related Acts

Work programme for 2005

The 2005 work programme > class=”alIco” border=”0″ src=”../../../wel/images/doc_icons/f_msw8_16.gif/”> has a budget of EUR 7.72 million, out of a total budget of EUR 22.4 million for the period 2003-2005.

For the year 2005, the MODINIS initiative concentrated on three areas:

  • following up the eEurope plan and the comparison of performances
  • identifying, analysing and disseminating good practices for eEurope better through forums where experiences can be exchanged (workshops, conferences, etc.);
  • analysing the economic and social consequences of the information society

Work programme for 2004

The 2004 MODINIS work programme reserved a budget of EUR 12.8 million for the establishment of the European Agency, responsible for information and network security.

Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency [Official Journal L 77 of 13.03.2004].
The main aim of setting up this agency is to facilitate the application of EU measures concerning network and information security and strengthen cooperation among the actors concerned so as to guarantee that users enjoy the highest possible level of security.

 

Motor vehicles and their trailers: roadworthiness test

Motor vehicles and their trailers: roadworthiness test

Outline of the Community (European Union) legislation about Motor vehicles and their trailers: roadworthiness test

Topics

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

Transport > Road transport

Motor vehicles and their trailers: roadworthiness test

Document or Iniciative

Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (Recast).

Summary

Motor vehicles registered in a European Union (EU) country and their trailers must undergo periodic roadworthiness tests. Annexes I and II to this directive detail the categories of vehicles to be tested, the frequency of the roadworthiness tests and the items which must be tested. The roadworthiness tests must be undertaken by the EU countries, or by a public body that has been entrusted with the task, or by bodies or establishments designated and directly supervised.

Annex I details the categories of motor vehicles that will be subject to roadworthiness tests and the required frequency of the tests for each category. The minimum testing frequency for the different categories of motor vehicles and their trailers is:

  • One year after the date on which the vehicle was first used, and thereafter annually for:
    • motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver’s seat;
    • motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg;
    • trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg;
    • taxis, ambulances;
  • Four years after the date on which the vehicle was first used, and thereafter every two years for:
    • motor vehicles having at least four wheels, normally used for the road carriage of goods and with a maximum permissible mass not exceeding 3 500 kg, excluding agricultural tractors and machinery;
    • motor vehicles having at least four wheels, used for the carriage of passengers and with not more than eight seats excluding the driver’s seat.

Annex II sets out which items must be compulsorily tested. The tests covered by Annex II should be undertaken using techniques and equipment available without the use of tools to disassemble or remove any part of the vehicle. Where the motor vehicle is found to be defective with regard to the test items below, the competent authority in the EU country concerned must set specific conditions under which the particular vehicle may be used before passing another roadworthiness test. The test must cover the items listed in the annex, provided that these are related to the equipment of the vehicle being tested in the EU country concerned. The compulsory test items include:

  • vehicle identification;
  • braking equipment;
  • steering;
  • visibility;
  • lighting equipment and parts of electric system;
  • axles, wheels, tyres and suspension;
  • chassis and chassis attachments;
  • other equipment – safety belts, fire extinguisher, locks and anti-theft device, warning triangle, first-aid kit, speedometer, etc;
  • nuisance – noise, exhaust emissions, etc;
  • supplementary tests for public transport vehicles – emergency exit(s), heating and ventilation systems, seat layout, interior lighting;

The vehicle operator or driver must be informed in writing of any defects, the result of the test and the legal consequences. EU countries will take the necessary measures to make it possible to prove that a vehicle has passed a roadworthiness test. Other EU countries and the Commission will be informed of these measures. All EU countries will mutually recognise the proof issued in another EU country showing that a vehicle registered in that other EU country, together with its trailer or semi-trailer, has passed a roadworthiness test in compliance with the provisions of this directive. EU countries will also implement all appropriate measures to establish that the brake performance of motor vehicles registered in their country complies with the requirements of this directive.

Exceptions

Notwithstanding the provisions of Annexes I and II, EU countries have the right to:

  • bring forward the date for the first compulsory roadworthiness test and, where appropriate, require the vehicle to be submitted for test prior to registration;
  • shorten the interval between two successive compulsory tests;
  • make the testing of optional equipment compulsory;
  • increase the number of items to be tested;
  • extend the periodic test requirement to other categories of vehicles;
  • prescribe special additional tests;
  • require vehicles registered on their territory to have higher minimum standards for braking efficiency than those specified in Annex II and include a test on vehicles with heavier loads, provided such requirements do not exceed those of the vehicle’s original type-approval.

EU countries also have the right to exclude vehicles belonging to the armed forces, the forces of law and order and the fire service from the scope of this directive. After consultation with the Commission, EU countries may exclude from the requirements of this directive certain motor vehicles operated or used in exceptional conditions, and motor vehicles which are never, or hardly ever, used on public highways. Following consultation with the Commission, EU countries also have the right to set their own testing standards for vehicles considered to be of historic interest.

The Commission will adopt all necessary directives to define the minimum standards and methods for testing the items listed in Annex II of this directive, as well as any amendments necessary to adapt to technical progress in these areas.

Within three years from the introduction of regular testing of speed limitation devices, the Commission will re-examine whether the tests laid down are sufficient to detect defective or manipulated speed limitation devices or whether the rules need to be modified.

This directive repeals Directive 96/96/EC.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2009/40/EC

26.6.2009

OJ L 141 of 6.6.2009

Successive amendments and corrections to Directive 2009/40/EC have been incorporated in the basic text. This consolidated versionis for reference purposes only.

Related Acts

Commission Recommendation 2010/378/EU of 5 July 2010 on the assessment of defects during roadworthiness testing in accordance with Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers [Official Journal L 173 of 8.7.2010].

Mobile broadband services

Mobile broadband services

Outline of the Community (European Union) legislation about Mobile broadband services

Topics

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

Information society > Radiofrequencies

Mobile broadband services

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 30 June 2004 on mobile broadband services [COM(2004) 447 final – Not published in the Official Journal].

Summary

This Communication examines the broader policy and regulatory environment for mobile broadband services. The principal aim is to ensure access to information at all times and in all locations within the European Union and to maintain European leadership in the sector. The Communication indicates how the challenges may be met and, in drawing it up, the Commission consulted widely with industry players through the Mobile Communications and Technology Platform and a workshop on the mobile sector held in June 2004.

EU labour productivity has improved considerably over recent years and this progress has been based to a great extent on electronic communications services, which are essential for Europe’s economic competitiveness. Two trends can be discerned in this sector in Europe:

  • broadband growth of more than 80% in 2003;
  • mobile revenues have overtaken those of fixed telephony.

Looking forward, the convergence of telecommunications, broadcasting and internet will result in the proliferation of high speed multimedia services delivered over mobile networks. For example, mobile users will be able to shop and pay on-line and receive a whole range of audio-visual services such as music and video.

For the Commission, it is vital to overcome the political and technological barriers to achieving the aims that have been set in order to ensure the success of these systems and to prepare the future by means of concerted action at EU level.

Research and innovation

The EU will only maintain its competitive advantage by focussing on innovation. Competitiveness on the world market is based not only on profitability but also on the capacity to innovate. The Commission intends to launch a comprehensive programme of integrated activities to promote cooperation between the major players in the pre-competitive research phase.

There is a growing fragmentation of the mobile and wireless communications market. To prevent this, research must address the entire value chain, from technological development to the development of services, which will require European and then global standards and platforms.

In the context of the preparation of the 7th Framework Programme, the “Mobile Communications and Technology Platform” initiative provides an opportunity to put in place a formal technology platform in the mobile and wireless communications sector. The aim of this structure would be to draw up a strategic research agenda, achieve the necessary critical mass for research and innovation and mobilise substantial public and private funding.

The interoperability of services, content and terminals is critical for achieving the goal of mass market adoption. In the Commission’s opinion, without interoperability, markets could collapse. To prevent fragmentation of the markets for third generation mobile communication systems, interoperability between the various services and terminals is vital.

A number of fora are involved in service specification and standardisation with the aim of providing service interoperability. The cooperation between the 3rd Generation Partnership Project (3GPP) and the Global Certification Forum (GCF) and the agenda of the Open Mobile Alliance (OMA) provide a good basis on which to build. However, the increased complexity brought about by a converging environment presents a new challenge that needs to be addressed.

Technical challenges

The Commission aims to stimulate the demand for mobile communications and the development of new services. To do this, it is essential to increase the range and quality of the content available on mobile. There are, however, many obstacles to be overcome, which the Commission hopes to eliminate so as to ensure the fast take-up of mobile services in Europe. The Commission intends to conduct a study on technical and other potential obstacles.

A secure environment for content is crucial for the development of these services. The rights to protected digital content require new business models that guarantee the effective payment of intellectual property rights.

National law applies for determining the compensation to be paid for the reproduction of protected content for private use. In deciding on the level of compensation, the availability of digital rights management systems and services for the distribution of content over mobile communications needs to be taken into consideration.

Legally, the traditional system of territorial licences granted by national rightholders applies for mobile communications. These licences no longer meet the needs of the information society in the enlarged European Union. The Commission is therefore proposing Community licences for mobile content issued using a one-stop-shop mechanism (COM(2004) 261).

The Commission is aiming for greater flexibility in radio spectrum usage in the EU. The Radio Spectrum Policy Group (RSPG) is currently reviewing approaches to spectrum management for broadband mobile services. The Group favours a coordinated European approach based on market-oriented solutions and free or “unlicensed” use of spectrum with exclusive usage rights.

The use of mobile phone pre-paid cards as a means of payment to purchase products and services, other than communication services, may be classed as the use of electronic money. Mobile broadband services extend this use of electronic money but, pending the creation of a new legal framework providing for a single EU payment area, mobile operators are faced with uncertainties regarding the current Community rules on electronic money and money laundering (Directive on electronic money).

In the short term, the mobile industry needs an appropriate interim solution that provides a degree of legal certainty. The Commission will lay down criteria for national regulators in applying the Directive. The regulatory authorities should aim to apply only the minimum regulation needed to ensure appropriate coverage of risks for financial stability and consumer protection.

From networks to people

Third generation mobile communications will require a greater number of base stations than previous GSM networks owing to the higher frequency bands used. Problems with obtaining legal authorisation in each of the Member States are hampering the physical deployment of 3G networks. More generally, the Commission takes the view that the health and safety of citizens is adequately protected, provided that exposure of the public remains below EU limits.

The use of personal and sensitive data concerning individuals and companies requires reliable and secure identification and authentication procedures. A common interoperable authentication framework is needed to ensure general purpose authentication across Europe.

International cooperation on research and development is essential. The Commission takes the view that the benefits of open and global standards should be exploited to achieve global interoperability.

Related Acts

Commission Communication of 11 June 2002, Towards the Full Roll-Out of Third Generation Mobile Communications [COM(2002) 301 final – Not published in the Official Journal].

This Communication summarises the situation in the sector. The roll-out of third generation mobile services (Universal Mobile Telecommunications System (UMTS) or “3G” services) has been slower than expected and is facing a number of difficulties. The Communication also identifies the main challenges that must be overcome so that 3G services can fulfil their role in building a competitive, dynamic information society.

Mobile communications GSM – UMTS

Mobile communications GSM – UMTS

Outline of the Community (European Union) legislation about Mobile communications GSM – UMTS

Topics

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

Information society > Radiofrequencies

Mobile communications GSM – UMTS

Acts

Council Directive 87/372/EEC of 25 June 1987 on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community [See amending acts].

Summary

Member State must make the frequency bands of 880-915 MHz and 925-960 MHz (the 900 MHz band) available for the GSM * and UMTS * systems. They can also establish other land-based systems capable of providing electronic communication services which can co-exist with the GSM systems in accordance with the Regulatory Framework for radio spectrum policy.

In this regard, Commission Decision 2009/766/EC aims to harmonise the technical dispositions on the availability and efficient use of the 900 MHz band for UMTS, in compliance with this Directive as amended in 2009. Commission Decision 2011/251/EU also makes possible the introduction of the LTE * (Long Term Evolution) and the WiMAX * (Worldwide Interoperability for Microwave Access) systems in the 900 MHz band.

Member States are required to first determine if the existing allocations on the 900 MHz band to mobile telephone operators in competition on their territory would create a distortion of competition in the telephony markets. If such a case does arise, Member States must apply the Directive on the Authorisation of electronic communications networks and services.

Key terms used in the act
  • GSM system: an electronic communications network that complies with the GSM standards, as published by ETSI, in particular EN 301 502 and EN 301 511.
  • UMTS system: an electronic communications network that complies with the UMTS standards as published by ETSI, in particular EN 301 908-1, EN 301 908-2, EN 301 908-3 and EN 301 908-11.
  • LTE system: an electronic communications network which confirms to the LTE standards published by ETSI, and in particular to the standards EN 301 908-1, EN 301 908-13, EN 301 908-14 and EN 301 908-11.
  • WiMAX system: an electronic communications network which conforms to the WiMAX standards published by ERSI, and in particular to the standards EN 301 908-1, EN 301 908-21, and EN 301 908-22.
  • European cellular digital land-based mobile communications service: a public cellular radio service provided in each of the Member States to a common specification, which includes the feature that all voice signals are encoded into binary digits prior to radio transmission, and where users provided with a service in one Member State can also gain access to the service in any other Member State.

References

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

Directive 87/372/EEC

25.12.1998

OJ L 196, 17.07.1987

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

Directive 2009/114/EC

9.11.2009

OJ L 274, 20.10.2009

The successive amendments and corrections to Directive 87/372/EEC have been incorporated into the original text. This consolidated versionis of documentary value only.

Related Acts

Council Recommendation 87/371/EEC of 25 June 1987 on the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community [OJ L 196 of 17.7.1987].