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Notification of diseases

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Notification of diseases

Outline of the Community (European Union) legislation about Notification of diseases

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

Food safety > Animal health

Notification of diseases

Document or Iniciative

Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community [See amending acts]

Summary

The Directive makes it obligatory for Member States to notify the Commission of an outbreak * as well as its eradication for certain contagious diseases so as to prevent their spread in Community livestock.

The Member States must notify:

  • the Commission and the other Member States within twenty four hours of both the primary outbreak and the withdrawal of the restrictions imposed after the eradication of the last outbreak and;
  • the Commission of any secondary outbreaks on the first working day of each week.

Close cooperation between the Member States is provided for so that the notification can be adjusted in line with technical requirements.

The Commission is assisted by the Standing Committee on the Food Chain and Animal Health.

Key terms of the Act
  • Outbreak: the farm or the place, located on Community territory, where animals are kept together and where one or several cases have been officially confirmed.
  • Primary outbreak: any outbreak not epizootiologically linked with a previous outbreak in the same region of a Member State, or the first outbreak in a different region of the same Member State.

References

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

Directive 82/894/EEC

23.12.1982

01.01.1984

OJ L 378 of 31.12.1982
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 807/2003

05.06.2003

–

OJ L 122 of 16.05.2003

Subsequent amendments and corrections to Directive 82/894/EEC have been incorporated in the basic text. This consolidated version  has a purely documentary value”.

AMENDMENTS TO THE ANNEXES

ANNEX I – Diseases which are subject to notification:
Decision 2004/216/EC [Official Journal L 67 of 5.3.2004];
Decision 2008/650/EC [Official Journal L 213 of 8.8.2008].

ANNEX II – Information to be given under the notification
Decision 2004/216/EC [Official Journal L 67 of 5.3.2004];
Decision 2008/650/EC [Official Journal L 213 of 8.8.2008].

Related Acts

Commission Decision 2007/142/EC of 28 February 2007 establishing a Community Veterinary Emergency Team to assist the Commission in supporting Member States and third countries in veterinary matters relating to certain animal diseases [Official Journal L 62 of 1.3.2007].

Commission Decision 2005/176/EC of 1 March 2005 laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC [Official Journal L 59 of 5.3.2005].

Amended by:

Decision 2006/924/EC [Official Journal L 354 of 14.12.2006];
Decision 2008/755/EC [Official Journal L 258 of 26.9.2008];
Decision 2009/847/EC [Official Journal L 307 of 21.11.2009];
Decision 2010/160/EU [Official Journal L 68 of 18.3.2010].

Non-commercial movements of pet animals

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Non-commercial movements of pet animals

Outline of the Community (European Union) legislation about Non-commercial movements of pet animals

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Food safety > Veterinary checks animal health rules food hygiene

Non-commercial movements of pet animals

Document or Iniciative

Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC [See amending act(s)].

Summary

This Regulation harmonises the health requirements applicable to pet animals which are moved within the European Union (EU) for non-commercial reasons. It also reinforces the standards applicable to animals coming in from third countries.

This Regulation aims to guarantee a high level of protection for human and animal health while facilitating movements of pet animals * accompanied by their owners.

Animals concerned

This Regulation deals with:

  • dogs,
  • cats,
  • ferrets,
  • invertebrates (except bees and crustaceans),
  • ornamental tropical fish,
  • amphibians,
  • reptiles,
  • birds (except poultry which are covered by Directives 2009/158/EC and 92/65/EEC),
  • rodents, and
  • domestic rabbits.

However, the health requirements applicable to these animals are not harmonised. The national rules prevail.

This Regulation applies without prejudice to the provisions on species of wild fauna and flora.

Identification of animals

Cats, dogs and ferrets must be identified by means of an electronic chip (transponder) or a clearly readable tattoo. As from 3 July 2011, transponders will be the only accepted means of identification.

The transponder is already recognised as the only valid means of identification in Ireland, Malta and United Kingdom.

Movements of pet animals between Member States

Animals travelling, accompanied by their owner, within the European Union must be accompanied by a passport * issued by a veterinarian authorised by the competent authority in their Member State of origin.

The passport of the animals (cats, dogs and ferrets) must certify that the animal complies with the health requirements detailed below and, in the case of Finland, Ireland, Malta, Sweden and the United Kingdom, with the additional national rules required by these countries.

Entry of pet animals (cats, dogs and ferrets) into the territory of a Member State is subject to compliance with the following three conditions:

  • the animal must have a system of identification (transponder or tattoo);
  • the animal must be validly vaccinated against rabies;
  • the animal must comply, if necessary, with certain preventive health measures concerning diseases other than rabies.

For a transitory period up until 31 December 2011, entry of pet animals (dogs or cats) into the territory of Ireland, Malta, Sweden and the United Kingdom is subject to compliance with the following additional conditions:

  • the animal must have undergone a neutralising antibody titration (a test aimed at checking the efficacy of the vaccine) in a laboratory approved by the European Commission and following the protocol in force in these Member States;
  • the animal must be treated against ticks (except for Sweden) and tapeworm echinococciosis (this treatment is also required for Sweden) following the protocol in force in these Member States.

In addition, Member States may authorise entry to young animals under three months old and unvaccinated under certain conditions.

Movements of pet animals from third countries

The health rules applicable to intra-Community movements of pet animals also apply to the following countries: Andorra, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the Vatican. They also apply to the third countries listed in Annex II, Part C.

Stricter health rules apply to animals (cats, dogs and ferrets) coming from a third country not listed in Part C of Annex II. If they enter Member States other than Ireland, Malta, Sweden and the United Kingdom, these animals must be vaccinated and have undergone a neutralising antibody titration (for Finland treatment against tapeworm echinococcosis is also required until 31 December 2011). The titration must be carried out in a laboratory approved by the European Commission on a blood sample taken at least one month after the vaccination and three months before the movement of the animal.

If they enter Ireland, Malta, Sweden or the United Kingdom, placing in quarantine is foreseen in accordance with the protocol in force in those Member States.

Animals coming from third countries must be accompanied by a certificate issued by an official veterinarian or a passport in the case of reintroduction, certifying that the health rules of this Regulation have been complied with.

Penalties

Where checks, particularly those performed at EU entry points, reveal that an animal does not satisfy the requirements of this Regulation, the authority responsible may decide to return the animal to its country of origin, to isolate it under official supervision for the time necessary to bring it into line with health requirements or, as a last resort, to put the animal down where its return or isolation in quarantine cannot be envisaged.

Key terms of the Act
  • Pet animals: animals of the species listed in Annex I which are accompanying their owners or a natural person responsible for such animals on behalf of the owner during their movement and are not intended to be sold or transferred to another owner.
  • Passport: any document enabling the pet animal to be clearly identified and including the points that enable its status with regard to this Regulation to be checked.

References

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

Regulation (EC) No 998/2003

3.7.2003

–

JO L 146, 13.6.2003

DEROGATION FROM THE ACT

Decision 2004/557/EC [Official Journal L 249, 23.7.2004].
This derogation applies to the transit of pet dogs and cats between the island of Bornholm and other parts of the territory of Denmark via Swedish territory.

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

Decision 2004/650/EC

21.9.2004

–

JO L 298, 23.9.2004

Regulation (EC) No 454/2008

24.6.2008

–

OJ L 145 of 4.6.2008

Regulation (EC) No 219/2009

20.4.2009

–

OJ L 87 of 31.3.2009

Regulation (EU) No 438/2010

18.6.2010

–

OJ L 132 of 29.5.2010

The successive amendments and corrections to Regulation (EC) No 998/2003 have been incorporated into the basic text. This consolidated versionis for information only.

Related Acts

Council Regulation (EU) No 388/2010 of 6 May 2010 implementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards the maximum number of pet animals of certain species that may be the subject of non-commercial movement [Official Journal L 114 of 7.5.2010].

Commission Decision 2007/25/EC of 22 December 2006 as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community [Official Journal L 8, 13.1.2007].
See consolidated version

Commission Decision 2005/91/EC of 2 February 2005 establishing the period after which the anti-rabies vaccination is considered as valid [Official Journal L 31, 4.2.2005].

Commission Decision 2004/839/EC of 3 December 2004 establishing conditions for non-commercial movements of young dogs and cats from third countries into the Community [Official Journal L 361, 8.12.2004].

Commission Decision 2004/824/EC of 1 December 2004 establishing a model health certificate for non-commercial movements of dogs, cats and ferrets from third countries into the Community [Official Journal L 358, 3.12.2004].

Commission Decision 2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets [Official Journal L 312 of 27.11.2003].

Report from the Commission to the European Parliament and the Council in connection with Article 23 of Regulation (EC) No 998/2003 of the European Parliament and of the Council on the animal health requirements applicable to the non-commercial movement of pet animals [COM(2007) 578 final – Not published in the Official Journal].
This report concerns the measures to be taken at the end of the transitional period during which Ireland, Malta, Sweden and the United Kingdom have maintained anti-rabies measures as a specific condition of entry. With a view to achieving full harmonisation of the rules in force in the EU, the Commission is assessing the options available for revising the current arrangements. This assessment is based on the scientific opinion of the European Food Safety Authority. The options available include continuing on a permanent basis, extending, lifting or adjusting the conditions of entry for the United Kingdom, Ireland, Malta, Finland and Sweden. However, since the discussions on amending the Regulation will last for longer than the time provided for by the Regulation, the Commission will initially opt for an extension of the period of application of those rules.

Northern Ireland: PEACE II programme

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Northern Ireland: PEACE II programme

Outline of the Community (European Union) legislation about Northern Ireland: PEACE II programme

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Regional policy > Provisions and instruments of regional policy

Northern Ireland: PEACE II programme (2000-2006)

The PEACE II programme is designed to consolidate the peace process in Northern Ireland by channelling finance under Objective 1 of the Structural Funds in the 2000-06 period. Like its forerunner, PEACE I (1995-99), the programme seeks to encourage progress towards a peaceful, stable society and promote reconciliation in the region.

Document or Iniciative

Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds [See amending acts].

Summary

In March 1999, the Berlin European Council decided that the special programme for peace and reconciliation in Northern Ireland and the border counties of Ireland should continue until 2004 (renamed PEACE II). In January 2005, this programme was extended until 2006 and more funding allocated to it.

The new Regulation stipulates that PEACE II is a programme under Objective 1 of the Structural Funds to provide support for Northern Ireland and the border regions of Ireland.

Its goal is to encourage progress towards a peaceful, stable society and promote reconciliation in the region.

Programme elements

PEACE II has two general strands:

  • economic and social development;
  • addressing the legacy of the conflict in Northern Ireland, as part of the region’s peace process.

Specific goals

The programme addresses the specific problems caused by the conflict in order to create a peaceful and stable society. It provides support for measures and action designed to achieve this end.

Priorities

PEACE II contains five economic and social priorities:

  • economic renewal (realising the economic opportunities generated by the peace process);
  • social integration, inclusion and reconciliation (with priority given to vulnerable groups in the areas worst affected by the conflict, interface areas and areas where community infrastructure is weak);
  • locally-based regeneration and development strategies;
  • promoting an outward and forward-looking region (by encouraging a dialogue with other EU regions on economic, social and environmental issues);
  • cross-border cooperation (economic, social and cultural).

Financing

For the 2000-06 period, total expenditure part-financed under PEACE II will be EUR 796 million. The Structural Fund contribution to this will be EUR 597 million, of which EUR 467 million in Northern Ireland (around 80% of the total) and EUR 130 million in the border counties of Ireland. Some 15% of the whole programme budget will be spent on cross-border projects.

The extension of PEACE II until 2006 has brought an extra EUR 144 million worth of funding for 2005-06.

The programme will draw on financing from the four Structural Funds in the 2000-06 period: 60% from the European Regional Development Fund, 32% from the European Social Fund, 7.5% from the European Agricultural Guidance and Guarantee Fund and 0.5% from the Financial Instrument for Fisheries Guidance.

In total the EU will provide 75% of total public spending under the programme, with the remaining 25% provided by public and private sources in the United Kingdom and Ireland.

Eligibility and management

The beneficiaries of the projects run under PEACE II come from the sectors, fields, groups and communities hardest hit by the conflict. What is more, projects are expected to prioritise a cross-community approach.

The programme is administered by the “Special EU Programmes Body”. This body is supervised by a monitoring committee whose members represent the different interest groups in Northern Ireland and the border regions of Ireland.

Most financing is administered by local partnerships and specialist non-governmental bodies in each sector. These structures also involve local councillors, union and employer representatives, the non-profit sector, representatives of the public interest and other groups with an interest in the local administration of the funds.

Background

Northern Ireland has been receiving financial support from the EU since the end of the 1980s, starting with the 1989-93 Community Support Framework for Northern Ireland.

The PEACE I programme (1995-99) was set up in July 1995. Between then and 1999 it part-financed EUR 692 million worth of expenditure under the Structural Funds.

Since 1989, the EU has also become one of the main contributors to the International Fund for Ireland. This Fund is an international organisation set up by an agreement between the governments of the UK and Ireland in 1986.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1260/1999 29.06.1999 – OJ L 161 of 26.6.1999
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1477/2001 01.01.2000 – OJ L 198 of 21.07.2001
Regulation (EC) No 1105/2003 27.06.2003 – OJ L 158 of 27.06.2003
Regulation (EC) No 173/2005 22.02.2005 – OJ L 29 of 02.02.2005

Related Acts

PEACE I (1995-1999)

Communication from the Commission to the Council and European Parliament of 7 December 1994 – “Special programme for peace and reconciliation in Northern Ireland” [COM(94) 607 final – Not published in the Official Journal].

Council Regulation (EEC) No 2081/93 of 20 July 1993 amending Regulation (EEC) No 2052/88 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments [Official Journal L 193 of 31.07.1993].

Council Regulation (EEC) No 2082/93 of 20 July 1993 amending Regulation (EEC) No 4253/88 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments [Official Journal L 193 of 31.07.1993].

PEACE II (2000-2006)

Commission communication of 12 October 2006 “Report on the International Fund for Ireland pursuant to Article 5 of Council Regulation (EC) No” [COM(2006) 563 final – Not published in the Official Journal].

Council Regulation (EC) No 173/2005 of 24 January 2005 amending Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds concerning the extension of the duration of the PEACE programme and the granting of new commitment appropriations [Official Journal L 29 of 02.02.2005].

EU contributions to the International Fund for Ireland:

Council Regulation (EC) No 1968/2006 of 21 December 2006 concerning Community financial contributions to the International Fund for Ireland (2007 to 2010) [Official Journal L 409 of 30.12.2006].

Council Regulation (EC) No 177/2005 of 24 January 2005 concerning Community financial contributions to the International Fund for Ireland (2005-06) [Official Journal L 30 of 03.02.2005].

Council Regulation (EC) No 2236/2002 of 10 December 2002 concerning Community financial contributions to the International Fund for Ireland (2003-2004) [Official Journal L 341 of 17.12.2002].

Council Regulation (EC) No 214/2000 of 24 January 2000 concerning Community financial contributions to the International Fund for Ireland [Official Journal L 24 of 29.01.2000].

Non-automatic weighing instruments

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Non-automatic weighing instruments

Outline of the Community (European Union) legislation about Non-automatic weighing instruments

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Other

Non-automatic weighing instruments

This Directive on non-automatic weighing instruments is based on the principles of the “new approach” to technical harmonisation and standards. In accordance with this new approach, the design and construction of non-automatic weighing instruments are subject to essential safety requirements.

Document or Iniciative

Council Directive 90/384/EEC of 20 June 1990 on the harmonisation of the laws of the Member States relating to non-automatic weighing instruments [See amending acts].

Summary

This Directive applies to non-automatic * weighing instruments *.

Scope

The provisions of the Directive which relate to the essential requirements, conformity assessment and the CE marking apply to instruments designed for the following uses:

  • determination of weight for commercial transactions;
  • determination of weight for a toll, tariff, tax, bonus, penalty, payment, indemnity or similar fee;
  • determination of weight for the application of legislative or regulatory provisions, legal opinions by experts;
  • determination of weight in the course of medical practice, i.e. weighing of patients for the purpose of health monitoring, diagnosis and medical treatment;
  • determination of weight for the purpose of making up prescriptions in the pharmacy and determination of weight during analyses carried out in medical and pharmaceutical laboratories;
  • determination of prices as a function of weight for direct sales to the public and in the making-up of pre-packaged products.

Non-automatic weighing instruments designed for other uses must bear the manufacturer’s mark or name and the maximum capacity.

Essential requirements

The essential requirements which non-automatic weighing instruments must meet concern metrological requirements and the design and construction of the instruments.

Placing on the market

Member States shall not impede the placing on the market and the putting into service of instruments meeting the essential requirements of the Directive.

Member States must ensure that only those instruments complying with the provisions of the Directives may be placed on the market.

Member States shall presume that instruments complying with national standards implementing the harmonised standards that meet the essential requirements are in conformity with these requirements.

Conformity assessment

Instruments for which compliance with the essential requirements is mandatory must undergo an EC type examination, followed by either an EC declaration of production conformity or EC unit verification. Instruments which do not employ electronic devices and in which the load-measuring device does not use a spring to balance the load do not need to undergo an EC type examination.

Harmonised standards

The European standardisation bodies – the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) – shall draw up harmonised European standards on the basis of the essential requirements.

CE marking

The must be affixed to those instruments which comply with the requirements of this Directive, together with the inscriptions referred to in the Annex to the Directive and a sticker bearing the letter ‘M’.

The Annexes to the present Directive contain:

  • essential metrological requirements;
  • essential design and construction requirements;
  • details of an EC type examination;
  • type conformity declaration;
  • EC verification;
  • EC unit verification;
  • technical documentation relating to the project;
  • minimum criteria to be applied in designating the bodies notified;
  • CE conformity marking and other inscriptions on instruments.

Directive 90/384/EEC is repealed by Directive 2009/23/EC.

Key terms used in the act
  • Weighing instrument: a measuring instrument serving to determine the mass of a body by using the action of gravity on that body. A weighing instrument may also serve to determine other mass-related magnitudes, quantities, parameters or characteristics.
  • Non-automatic weighing instrument: a weighing instrument requiring the intervention of an operator during weighing.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 90/384/EEC

01.01.1993

01.07.1992

OJ L 189 of 20.07.1990
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 93/68/EEC

01.01.1995

01.07.1994

OJ L 220 of 30.08.1993

Related Acts

Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations [Official Journal L 204 of 21.07.1998].
This Directive provides for two information procedures, one for standards (voluntary technical specifications) and the other for technical regulations (obligatory technical specifications) on industrial products.

Notified bodies

The NANDO-IS database will enable you to find the notified bodies in Europe as well as third country bodies which are responsible for carrying out the conformity assessment procedures referred to in the New Approach Directives.

Commission Communications publishing the lists of titles and references of harmonised European standards meeting the essential requirements set out in Directive 90/384/EEC:
Official Journal C 153 of 04.06.1994.

List of the titles and references of harmonised standards

Noise pollution

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Noise pollution

Outline of the Community (European Union) legislation about Noise pollution

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Environment > Noise pollution

Noise pollution

Noise above a certain volume threshold (from 60 Ldn dB(A) according to the European Environment Agency) affects not only wellbeing, but also the health of citizens. On top of the corrective measures applicable to some sources of noise, in 2002 the European Union adopted a Directive setting out a Community approach to the management and evaluation of ambient noise in order to protect public health.

GENERAL FRAMEWORK

  • Assessment and management of environmental noise
  • Action against noise: Green Paper

SOURCES OF NOISE POLLUTION

  • Motor vehicles with trailers: permissible sound level
  • Noise emission by equipment used outdoors
  • Noise management at EU airports

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

Topics

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

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].

Novel foods and food ingredients

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Novel foods and food ingredients

Outline of the Community (European Union) legislation about Novel foods and food ingredients

Topics

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

Environment > Protection of nature and biodiversity

Novel foods and food ingredients

Document or Iniciative

Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients [See amending act(s)].

Summary

The novel foods and food ingredients concerned by this Regulation are those which are not yet currently used for human consumption.

Novel foods and food ingredients

This Regulation applies to foods and food ingredients in the following categories:

  • foods and food ingredients which present a new or modified primary molecular structure;
  • foods and food ingredients which consist of micro-organisms, fungi or algae;
  • foods and food ingredients which consist of or are isolated from plants and ingredients isolated from animals;
  • foods and food ingredients whose nutritional value, metabolism or level of undesirable substances has been significantly changed by the production process.

The Regulation is not applicable to food additives, flavourings, extraction solvents, nor to food enzymes (which are the subject of Regulation (EC) No 1332/2008).

Genetically Modified Organisms (GMOs) are no longer covered by this Regulation, but by Regulation (EC) No 1823/2003 instead.

Furthermore, foods and food ingredients covered by this Regulation must not:

  • present a danger for the consumer;
  • mislead him/her;
  • be nutritionally disadvantageous for him/her.

Evaluation procedure

The foods and foods ingredients referred to in the Regulation must undergo Community assessment before being placed on the market.

Under the assessment procedure, the competent body of the Member State which receives an application must make an initial assessment and determine whether or not an additional assessment is required. If neither the Commission nor the Member States raise an objection, and if no additional assessment is required, the Member State informs the applicant that he may place the product on the market. In other cases an authorisation decision is required. This decision is adopted in accordance with the measures proposed by the Commission within the Committee on Food Safety and Animal Health.

The decision defines the scope of the authorisation and specifies, as appropriate, the conditions of use, the designation of the food or food ingredient, its specification and the specific labelling requirements.

Any decision or provision concerning a novel food or food ingredient which is likely to have an effect on public health must be referred to the Scientific Committee for Food.

Labelling

The Regulation lays down specific requirements concerning the labelling of novel food and food ingredients which have been added to the European general requirements on food labelling.

Without prejudice to the general requirements of European legislation concerning the labelling of foodstuffs, the labelling of novel food and food ingredients must mention:

  • any characteristics such as composition, nutritional value or the intended use of the foodstuff;
  • the presence of materials which may have implications for the health of some individuals;
  • the presence of materials which give rise to ethical concerns.

Suspension procedure

Member States are authorised to suspend or restrict provisionally the marketing and use in their territory of any novel food or food ingredient if they believe that its use constitutes a health hazard or a risk to the environment. They inform the Commission, which takes steps in accordance with the procedure regarding authorisations for placing products on the market.

References

Act Entry into force Deadline for transposition into the Member States Official Journal
Regulation (EC) No 258/97

14.5.1997

15.5.1997

OJ L 43 of 14.2.1997
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1829/2003

11.7.2003

–

OJ L 268 of 18.10.2003
Regulation (EC) No 1882/2003

20.11.2003

–

OJ L 284 of 31.10.2003
Regulation (EC) No 596/2009

7.8.2009

–

OJ L 188 of 18.7.2009

The successive amendments and corrections to Regulation (EC) No 258/97 have been incorporated into the original text. This consolidated versionis of documentary value only.

Non-road mobile machinery: gaseous pollutants

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Non-road mobile machinery: gaseous pollutants

Outline of the Community (European Union) legislation about Non-road mobile machinery: gaseous pollutants

Topics

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

Environment > Air pollution

Non-road mobile machinery: gaseous pollutants

Document or Iniciative

Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery [See amending act(s)].

Summary

The purpose of this Directive is to approximate the laws of the Member States with regard to:

  • emission standards;
  • type-approval procedures for engines intended to be fitted to non-road mobile machinery.

For the purposes of the Directive:

  • “non-road mobile machinery” means any mobile machine, transportable industrial equipment or vehicle with or without bodywork that is not intended to be used to carry goods or passengers on the road, in which an internal combustion engine as specified in Annex I, Section 1 is installed, for example excavators and other construction equipment. This definition to cover locomotives and inland waterway vessels has been extended by Directive 2004/26/EC (see below);
  • “type approval” means the procedure whereby a Member State certifies that an internal combustion engine type or engine family meets the relevant technical requirements of the Directive with regard to its level of emission of gaseous and particulate pollutants;
  • “engine type” means a category of engines which do not differ in such essential engine characteristics as specified in Annex II, Appendix 1);
  • “engine family” means a manufacturer’s range of engines which, as a result of their design, are expected to have similar exhaust-emission characteristics and which comply with the requirements of the Directive.

This Directive applies to compression ignition engines (diesel) and to positive-ignition engines (petrol) which are used in non-road mobile machinery, including locomotives and inland navigation vessels.

Type-approval procedure for engine types or families:

  • any application for type approval must be submitted by the manufacturer to the approval authority in a Member State. The application should be accompanied by a manufacturer’s information folder (cf. Annex II) [no application in respect of one engine type or engine family may be submitted to more than one Member State (Article 3)];
  • the Member State receiving the application must grant type approval to all engine types or engine families which conform to the particulars in the information folder and which meet the requirements of Directive 97/68/EC;
  • an approval certificate must be issued for each engine type or family that has been approved;
  • each month, the competent authorities in each Member State must send to their counterparts in the other Member States a list of the type approvals by type or family of engine which they have granted, refused or withdrawn during the month in question (Article 4);
  • any request for amendment or extension of a type approval is to be submitted exclusively to the Member State which carried out the original type approval (Article 5).

The manufacturer must affix the following marks to each unit manufactured:

  • the trade name or name of the engine’s manufacturer;
  • the engine type and family, together with an individual engine identification number;
  • the type approval number.

Member States may not refuse the registration or placing on the market of new engines which meet the requirements of the Directive (Article 8).

Since 30 June 1998 Member States may not refuse to type approve an engine type or family, and may not impose additional approval requirements relating to pollutant emissions if the engine in question meets the conditions laid down in the Directive (Article 9).

The provisions of Article 8 and 9 do not apply:

  • to engines used by the armed forces;
  • to engines taken from stocks of end-of-line engines or non-road mobile machinery covered by an exemption under Article 10(2).

Member States are required to provide the Commission with a list of the exemptions granted and the reasons given.

Member States must guarantee that conformity of production is checked effectively before type approval is granted (Article 11).

Engines not meeting the conditions set out in the approval certificate are considered not to conform to the type or family that has been approved. The Member State conducting type approval must take any action needed to ensure that engines in production conform.

The names and addresses of the type approval authorities and of the testing services responsible for matters arising from Directive 97/68/EC must be sent to the Commission and to the other Member States (Article 16).

References

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

Directive 97/68/EC

19.3.1998

30.6.1998

OJ L 59 of 27.2.1998
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 2001/63/EC

12.9.2001

30.6.2002

OJ L 227 of 23.8.2001

Directive 2002/88/EC

11.2.2003

11.8.2004

OJ L 35 of 11.2.2003

Directive 2004/26/EC

20.5.2004

30.4.2005

OJ L 146 of 30.4.2004

Directive 2006/105/EC

1.1.2007

1.1.2007

OJ L 363 of 20.12.2006

Regulation (EC) No 596/2009

7.8.2009

–

OJ L 188 of 18.7.2009

Directive 2010/26/EU

1.4.2010

31.3.2011

OJ L 86 of 1.4.2010

Directive 2010/88/EU

16.11.2012

24.11.2012

OJ L 305 of 23.11.2011

The successive amendments and corrections to Directive 97/68/EC have been incorporated in the original text. This consolidated versionis of documentary value only.

Non-state Actors and Local Authorities

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Non-state Actors and Local Authorities

Outline of the Community (European Union) legislation about Non-state Actors and Local Authorities

Topics

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

Development > General development framework

Non-state Actors and Local Authorities

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 – The Thematic Programme “Non-state Actors and Local Authorities in Development” [COM(2006) 19 – Not published in the Official Journal].

Summary

This programme succeeds both the NGO co-financing programmes and the decentralised cooperation programmes. By supporting the right of initiative of non-state actors and local authorities, it supplements the support provided by geographical and other sectoral thematic programmes, in particular the programme on democracy and human rights.

Ownership and participation are core principles of the European Union (EU) development policy as stated in the European consensus. This approach is also reflected in partnership and cooperation agreements, e.g. between the ACP countries and the EU and with Asia, South America and “neighbouring” countries.

The added value of associating various non-state actors lies in their independence from the State, their proximity to and understanding of defined constituencies, their capacity to articulate their specific interests and their ability to bridge a critical gap between strategic goals and their practical realisation.

This programme primarily targets interventions in the field. It is chiefly implemented in countries and regions where geographical programmes do not provide for any financial support for non-state actors or local authorities owing to weak political commitment, in subregions out of reach of the country programme or in situations of difficult partnerships, fragile States, post-conflict, political instability, etc.

All non-profit state actors from the EU and from partner countries can be eligible for funding under this programme. In addition, local authorities may receive financial support for activities in specific contexts where their added value can be established and where these activities cannot be carried out under geographical programmes. This actor-oriented approach will be refined in the multiannual thematic strategy paper.

Three types of action may be funded:

  • actions which strengthen participatory development, support capacity development processes for the actors concerned at country or regional level, and promote mutual understanding processes;
  • awareness raising and education for development in the EU and acceding countries;
  • coordination and communication between civil society and local authority networks, within their organisations and between different types of stakeholders active in the European public debate on development.

Interventions in all developing countries, as defined in the list of Official Development Assistance (ODA) recipients, can be eligible for funding under this thematic programme. These countries are covered by the European neighbourhood and partnership policy (ENPI) and the Development Cooperation Instrument (DCI). The multiannual thematic strategy paper will set the eligibility criteria.

As regards programming, a four-year (2007-2010) and, subsequently, a three-year (2011-2013) thematic strategy paper will be decided by the Commission. These will define in more detail the criteria for selecting priority countries and regions, together with priorities for action. On the basis of this multiannual programming, the Commission will produce annual action programmes that establish priority actions, specific objectives and indicative amounts.

Objectives and priorities

The primary objective of this programme is the eradication of poverty in the context of sustainable development, including pursuit of the Millennium Development Goals (MDG). Other major objectives include good governance and human rights, which are cross-cutting issues to be mainstreamed in interventions in partner countries.

Our priorities include supporting stakeholder participation in unfavourable contexts (e.g. difficult partnerships, instability, conflict), promoting cross-border and regional initiatives, fostering quality partnerships between different stakeholders from the EU and partner countries, strengthening the capacity of employer and worker organisations, and fostering coherence as regards development in the area of education by giving children and young people access to education for development.

Notification of national measures derogating from the principle of the free movement of goods

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Notification of national measures derogating from the principle of the free movement of goods

Outline of the Community (European Union) legislation about Notification of national measures derogating from the principle of the free movement of goods

Topics

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

Internal market > Free movement of goods: general framework

Notification of national measures derogating from the principle of the free movement of goods

Document or Iniciative

Regulation (EC) 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision 3052/95/EC.

Summary

The aim of this Regulation is to strengthen the functioning of the internal market by improving the free movement of goods.

Scope

The Regulation lays down rules and procedures that the competent authorities of a Member State should follow if they decide, for a product or type of product:

  • to prohibit it from the market;
  • to request its modification or additional testing;
  • to withdraw it from the market.

It does not apply to judicial decisions:

  • made by courts or tribunals;
  • made by law enforcement authorities.

Technical rule

For the purposes of this Regulation, a technical rule is any provision of a law, regulation or other administrative provision of a Member State which:

  • is not the subject of harmonisation at Community level;
  • prohibits the placing on the market of a product or type of product;
  • statesthe characteristics required of that product (levels of quality, performance, safety or dimensions);
  • states any other requirement for the purpose of protecting consumers or the environment.

Procedure for the application of a technical rule

With a view to making a product or type of product subject to an assessment, the competent authority can ask the economic operator to supply information concerning the characteristics or the placing on the market of the product.

Following the assessment, the competent authority can take a decision to prohibit, modify or withdraw a product from the market. It informs the economic operator of this, who shall then be allowed at least 20 working days in which to submit comments.

During this period, the product may still be sold, unless it represents a serious risk to the health and safety of consumers or a breach of public morality or public security.

Product Contact Points

Member States shall designate Product Contact Points in their territories and shall communicate their contact details to the other Member States and to the Commission. A list of Product Contact Points shall be regularly updated by the European Commission on the Official Journal of the European Union website.

These Product Contact Points must provide information on:

  • the technical rules applicable to a product or type of product;
  • the contact details of the competent authorities in a given Member State;
  • the remedies generally available in the event of a dispute between the competent authorities and an economic operator.

The Commission may set up a telematic network concerning the exchange of information between Product Contact Points.

Context

The internal market offers many advantages such as the free movement of persons, services, goods and capital. In particular it allows a larger number of European enterprises to enter into competition. However, some technical obstacles to the movement of goods may be created illegally.

It is therefore necessary to strengthen the internal market by consolidating the principle of mutual recognition.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 764/2008 2.9.2008 13.5.2009 L 218/29 of 13.8.2008

Another Normative about Notification of national measures derogating from the principle of the free movement of goods

Topics

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

Internal market > Free movement of goods: general framework

Notification of national measures derogating from the principle of the free movement of goods

The transparency of national measures which act as a barrier to the free movement of products makes it easier to deal with problems which undermine the principle of the free movement of goods. This decision introduces a procedure whereby Member States are required to notify the Commission of any national measures which derogate from this principle. This type of procedure helps solve problems arising in connection with the operation of the internal market to the satisfaction of both business and consumers.

Document or Iniciative

Decision 3052/95/EC of the European Parliament and of the Council of 13 December 1995 establishing a procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community.

Summary

Decision 3052/95/EC introduces a system for the exchange of information between the Member States and the Commission. This notification system relates to national measures derogating from the principle of the free movement of goods in non-harmonised sectors.

Scope

The information system entails the notification of national measures which act as a barrier to the free movement or placing on the market of a particular model or type of goods lawfully produced or marketed in another Member State, where the direct or indirect effect of the measure is a general ban on the goods, a refusal to allow the goods to be placed on the market, the modification of the model or type of product concerned before it can be placed or kept on the market, or withdrawal of the goods from the market.

Exemptions and derogations

The information system does not apply to:

  • measures taken solely in pursuance of Community harmonisation measures;
  • measures notified to the Commission under specific provisions;
  • draft measures notified to the Commission under specific Community provisions;
  • measures, such as preventive measures or investigations, which simply prepare or lead up to the main measure acting as a barrier to the free movement or placing on the market of a particular model or type of goods lawfully produced or marketed in another Member State;
  • measures relating solely to the protection of public morality or public order;
  • measures relating to second-hand goods which, with time or use, have become unsuitable for being placed or kept on the market.

Context

Decision No 3052/95/EC is repealed and replaced by Regulation No 764/2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State, from 13 May 2009.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal

Decision No 3052/95/EC [adoption: codecision COD/1993/0489]

30.12.1995

1.1.1997

OJ L 321 of 30.12.1995

Related Acts

Report of 7 April 2000 from the Commission to the Council, the European Parliament and the European Economic and Social Committee on the implementation of Decision 3052/95/EC in 1997 and 1998 [COM(2000) 194 final – Not published in the Official Journal].

The report assesses how the decision operated in 1997 and 1998. It then gives a breakdown of how it was implemented by the Member States and the Commission during the first two years, in order to draw a number of conclusions.