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Petrol vapour recovery during refuelling of vehicles

Outline of the Community (European Union) legislation about Petrol vapour recovery during refuelling of vehicles

Topics

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

Environment > Air pollution

Petrol vapour recovery during refuelling of vehicles

Document or Iniciative

Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations.

Summary

This Directive aims at ensuring that harmful petrol vapour displaced from the fuel tank of a motor vehicle during refuelling at a service station is recovered. The petrol pumps of many service stations in the European Union (EU) will have to be equipped to recover this vapour.

Service stations

This Directive applies to new service stations or those having undergone major refurbishment, of which the annual throughput must be in excess of 500 m³ of petrol. It imposes upon operators of these service stations an obligation to install a Stage II Petrol Vapour Recovery system or “Stage II PVR”. Furthermore, service stations with a throughput in excess of 100 m³ per year which are located under living accommodation must also install this equipment.

Larger existing service stations with a throughput in excess of 3 000 m³ per year must also apply Stage II PVR by 2018.

Stage II PVR equipment has already been installed in service stations in almost 50 % of the Member States. This Directive extends this practice to the whole European Union.

Minimum level of petrol vapour recovery

The Stage II PVR equipment installed on petrol pumps in service stations must capture 85 % of petrol vapour. The petrol vapour capture efficiency of such systems must be certified by the manufacturer in accordance with the relevant European technical standards or type approval procedures or, if there are no such standards or procedures, with any relevant national standard.

Stage II PVR equipment draws off petrol vapour. It is then transferred to a storage tank at the service station. The vapour/petrol ratio shall be equal to or greater than 0.95 but less than or equal to 1.05.

Periodic checks

The petrol vapour capture efficiency of Stage II petrol vapour recovery systems must be tested at least once a year. This test may be carried out either by checking the vapour/petrol ratio defined above under simulated petrol flow conditions, or by any other appropriate methodology.

If the service station has automatic monitoring equipment, capture efficiency shall be tested at least once every three years. If the tests detect anomalies, the service station operator must rectify the fault within seven days.

Consumer information

All service stations which have installed Stage II petrol vapour recovery systems must inform consumers thereof. In order to do this, the operator may place a sign, sticker or other notification on, or in the vicinity of, the petrol dispenser.

Context

This Directive comes under the Sixth Environment Action Programme adopted in July 2002 which established the need to reduce air pollution to levels which minimise harmful effects on human health and the environment.

This Directive supplements the technical specifications for the storage of petrol. These technical specifications are harmonised at European level by Directive 94/63/EC which forms Stage I of petrol vapour recovery.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2009/126/EC	31.10.2009	1.1.2012	OJ L 285 of 31.10.2009

PETRA I

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PETRA I

Outline of the Community (European Union) legislation about PETRA I

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 > Vocational training

PETRA I

1) Objective

PETRA is the Community action programme for the vocational training of young people and their preparation for adult and working life. It aims to supplement the internal policies of Member States with Community measures to ensure that all young people who so wish have the opportunity of one year’s or, if possible, two years’ or more vocational training in addition to their full-time compulsory education.

2) Community Action

Council Decision 87/569/EEC of 1 December 1987 concerning an action programme for the vocational training of young people and their preparation for adult and working life.

3) Contents

The programme was adopted initially for a period of five years from 1 January 1988.

The programme is intended to promote improvement and diversification of the vocational training available, encourage greater adaptability of such training to economic, technological and social change, and give a Community dimension to vocational qualifications.

The Community measures are intended to complement Member States’ activities in the following main areas:

strengthening links between vocational education, training and guidance systems and all sectors of the economy, including young people’s organizations;
improving awareness of labour market trends and changes in working conditions, particularly those affecting health and safety;
promoting equal opportunities for girls and young women;
special help for the young people most at risk (handicapped, disadvantaged, those with few or no qualifications);
encouraging creativity, initiative and enterprise among young people.

The Community measures are:

a new European network of training initiatives;
assistance for information projects on the transition from school to vocational training and working life and for projects encouraging the development of entrepreneurial skills, creativity and responsibility among young people;
exchanges of specialists;
technical assistance;
comparative research on vocational education and training issues;
review of developments in vocational qualifications;
monitoring of implementation of the programme by policy makers and the social partners.

The Commission shall draw upon the assistance of the European Centre for the Development of Vocational Training.

4) Deadline For Implementation Of Legislation By The Member States

Not applicable.

5) Date Of Entry Into Force (If Different From The Above)

01.01.1988

6) References

Official Journal L 346, 10.12.1987

7) Follow-Up Work

Decision 91/387/EEC of 22 July 1991 amending Decision 87/569/EEC (summary 10.4.2b), incorporating the Young Workers’ Exchange Programme.

8) Commission Implementing Measures

Report from the Commission on the implementation of the PETRA programme (1988–91) [COM(93) 48 final].

Financial support from the Community amounted to ECU 40 million over the period 1988-91. During this period, approximately 75 000 young people benefited directly from the programme, along with more than 10 000 teachers and trainers. Support has been provided for 70 research institutes investigating the effectiveness of initial vocational training systems. Considerable progress has been made in facilitating young people’s access to initial vocational training and in offering a year’s training at the end of their schooling. The number of young people undergoing such training has increased by an average annual rate of between 0.5 % and 4.3 %. PETRA has played a part in developing transnational cooperation and exchanges, and has helped to create a unified, consistent framework for Community action in the field of young people’s initial vocational training and their preparation for working life.

PETRA II

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PETRA II

Outline of the Community (European Union) legislation about PETRA II

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 > Vocational training

PETRA II

1) Objective

To raise the status of vocational education and initial training, and to stimulate exchanges of experience between Member States and transnational cooperation between training bodies. To extend the PETRA programme until 31 December 1994.

2) Community Measures

Council Decision 91/387/EEC of 22 July 1991 amending Decision 87/569/EEC concerning an action programme for the vocational training of young people and their preparation for adult and working life (PETRA).

3) Contents

The programme is adopted for a three-year period from 1 January 1992. Its aim is to support and supplement, through measures at Community level, the policies of the Member States, which are seeking to ensure that all young people who so wish receive two or more years’ vocational training in addition to their compulsory full-time education, leading to a recognized vocational qualification.

The programme is intended in particular to:

raise the quality of vocational and technical education and initial training;
encourage and diversify vocational-training provision;
add a Community dimension to vocational qualifications;
stimulate cooperation and the development of training partnerships transnationally and within each Member State;
allow the following young people to benefit from periods of training or work experience in other Member States: young people receiving technical and vocational education, young job-seekers, young workers, young unemployed people.

Support for transnational cooperation, including specific assistance for initiatives involving young people in planning, organizing and implementing activities. Such cooperation is above all intended to promote within the Community:

vocational training or work experience placements in another Member State; these must lead to a certificate and form a recognized part of the young person’s training course;
joint development of initial vocational training modules compatible with national training systems;
joint training of instructors working in initial vocational training.

Support for measures aimed at introducing a Community dimension into the processes and systems of vocational information and guidance, by:

supporting national contact points or centres to create a network for the exchange of guidance data and to explore effective means of transferring up-to-date guidance information throughout the Community:
standardizing the content of training programmes and supporting supplementary training for vocational guidance specialists and advisers on the European aspects of guidance.

Technical assistance, as necessary, in the implementation of the programme; comparative studies on vocational education and training issues, including surveys on the effectiveness of youth training programmes, and review of the evolution of vocational qualifications.

4) Deadline For Implementation Of The Legislation In The Member States

Not applicable.

5) Date Of Entry Into Force (If Different From The Above)

6) References

Official Journal L 214, 02.08.1991

7) Follow-Up Work

Commission report on the implementation of the PETRA programme in accordance with Article 8 of Decision 91/387/EEC (COM(93) 704 final).

The Community provided aid amounting to ECU 104.2 million for the period 1992-94. Community action under PETRA to attain the objectives set out in the Decision and to support Member States’ activities can be classified in the categories of Action I, II, III and additional measures.

Under Action I, i.e. support for vocational training placements or training periods in a company in another Member State for young people undergoing initial vocational training, young workers, young job-seekers and young people receiving advanced vocational training, from 1992-94 involved 36 000 young people.

For Action II, entailing support for activities of transnational cooperation to carry out joint innovatory training projects between several Member States, including youth initiative projects, within the European Network of Training Partnerships, an estimated 100 000 young people and 20 000 teachers and instructors participated directly in the network between 1992 and 1994. In all, the programme also supported over 900 youth initiative projects. A total of 25 000 young people have now been directly involved in the youth initiative projects since 1988.

Under Action III of the PETRA programme concerning support for national systems to promote the exchange of information on vocational guidance, a Community network of resource centres in the Member States was set up, and the training of guidance counsellors in the Community dimension of guidance commenced; 27 resource centres now cooperate throughout the European Union.

As for additional measures on support for the dissemination of the results of the programme, transnational cooperation on research into the vocational training of young people, technical assistance at Community and national level for the implementation, coordination and assessment of the programme, the programme has, since 1988, been present in over 200 major information events in the Community or nationally. PETRA has provided its support to national research partnerships involving over 70 research centres designated by the national authorities.

Theme-based research has been conducted on issues such as the legal and administrative obstacles to transnational training and work experience placements, the accreditation of these placements, and the access of young people to vocational training.

Commission final report of 22 July 1997 on the implementation of the PETRA programme [COM(97) 385 final, not published in the Official Journal].

This report takes stock of the development of the PETRA programme (1988-94, with a total budget of ECU 150 million over the whole period).

The PETRA programme’s twin achievements were: carrying out of numerous studies and the establishment of networks.

Five types of network have been set up:

the network of National Coordination Units (NCUs) dealing with placements (between 1992 and 1994, 33 719 young people benefited from the scheme);
other placement-related networks (e.g. the informal network of organisers of work experience placements);
European Network of Training Partnerships (ENTP);
networks associated with vocational guidance activities (guidance counsellors);
research networks.

The first major objective of the PETRA programme was to foster young people’s involvement in vocational training programmes by supporting and supplementing the Member States’ policies. Among the wide-ranging reforms introduced by Member States into their national systems, the following are particularly noteworthy:

fixing quantitative targets for participation in initial vocational training: for example, the Danish “Education and Training for all” plan is geared to ensuring that, in the year 2000, 95% of young people will be engaged in an education programme;
establishment of an entitlement or right to take part in vocational training: for example, in France, a 1990 Law establishes the right to a qualification for all workers in the form of a “crédit formation” (training entitlement);
extending the provision of initial vocational training: for example, in Greece, the number of programmes rose by 50.8% in four years;
raising the status and attractiveness of vocational training: for example, an initiative was launched in Germany in 1991 offering special support to particularly gifted young people in vocational training, with the aim of placing vocational education on a par with post-compulsory general education;
introduction of a Community dimension within vocational guidance services;
promoting equal opportunities for young men and women: for example, Denmark is devising training courses tailored specifically for unskilled women;
priority treatment for disadvantaged persons: for example, in France, “solidarity employment contracts” were created in 1990 for young people between the ages of 18 and 25 who have difficulty in finding employment.

The national reforms are also concerned with raising the quality of vocational training and adapting it to changing needs. In Portugal, a new type of vocational school has been set up (“Escolas Profissionais”), where the old technical/vocational courses are being replaced by training in the new technologies.

promoting creativity, initiative and entrepreneurial spirit in young people, by emphasising, as in Germany, personal development, motivation, responsibility and acquisition of key skills;
major efforts to train teachers and instructors: Belgium places great emphasis on this aspect;
certification of qualifications: for example, Luxembourg has introduced two levels of certification to increase the success rate in initial training;
strengthening of links between training establishments and industry: for example, the United Kingdom has launched two apprenticeship initiatives offering young people a work-based route to skills at craft, technician and junior management level;
more active involvement of the social partners in defining national training needs, so as to enhance the effectiveness of programmes;
making vocational training more responsive to local and regional requirements.

Most of the Member States have made use of the opportunities afforded by the PETRA programme to introduce or reinforce the Community dimension in their initial training systems. Transnational mobility is seen as a vital element, as is, to a lesser extent, the improvement of vocational language skills.

The ongoing major objectives of the PETRA programme are:

to reduce the number of young people who enter the labour market without a basic qualification;
to increase the attractiveness of vocational training;
to introduce a practical Community dimension into initial vocational training;
to develop key skills through initial vocational training;
to reinforce vocational guidance and to incorporate a European dimension;
to disseminate innovation in initial vocational training within and between the Member States.

These objectives are pursued under the Leonardo da Vinci programme, which brings together all the activities relating to initial or continuing vocational training.

8) Commission Implementing Measures

Pensions Committee

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Pensions Committee

Outline of the Community (European Union) legislation about Pensions Committee

Topics

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

Employment and social policy > Social protection

Pensions Committee

Document or Iniciative

Commission Decision 2001/548/EC of 9 July 2001 on the setting-up of a committee in the area of supplementary pensions [See amending acts].

Summary

Following the approval of the Social Policy Agenda (2000-2005),which took up the question of the portability of occupational pension rights, the consultation begun by the Green Paper on supplementary pensions of 10 June 1997 and the communication ” Towards a single market for supplementary pensions “. The latter proposed setting up a single market for supplementary pensions. On 9 July 2001 the Commission set up an advisory committee in the area of supplementary pensions.

The Forum’s remit is to act as a consultative body for the Commission with regard to problems and developments at Community level affecting supplementary pensions. The Pensions Forum assists the Commission in particular in finding solutions to the problems and obstacles associated with cross-border mobility of workers in the area of supplementary pensions. In addition, where appropriate, and on the basis of a proposal from the Commission, the Forum’s technical work may contribute to the activities of other related bodies or committees dealing with social and economic policy.

The Committee has 55 members and is made up of experts from national administrations in the EU and in other countries of the European Economic Area (EEA), social partners represented at European level and bodies involved in the area of supplementary pensions. The Committee may also invite anyone with particular knowledge of a subject included on the agenda of a Committee meeting to attend as an expert.

The members of the Committee, who meet at Commission headquarters, are appointed by the Commission on the basis of nominations from the Member States’ governments, the other countries of the EEA, the social partners and the other bodies on the Committee. Committee members’ term of office is two years and may be renewed.

The work of the Forum on supplementary pensions has confirmed that insufficient portability of supplementary pensions may create significant obstacles to the mobility of workers and therefore to the free movement of persons within the EU. While coordination of social security schemes allows migrant workers to fully preserve their accrued statutory pension rights, measures to improve the portability of supplementary pensions are still in their early stages. The difficulty in this area lies in the variety of supplementary pension schemes available and in the fact that they are often voluntary.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Decision 2001/548/EC	9.7.2001	–	OJ L 196 of 20.7.2001

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1792/2006	1.1.2007	–	OJ L 362 of 20.12.2006

Related Acts

Commission Communication of 12 September 2003 concerning the second stage of consultation of social partners on measures to improve the portability of occupational pension rights [SEC(2003)916- Not published in the Official Journal].
Following the first stage of consultation of social partners on the portability of occupational pension rights, and in accordance with Article 138(2) of the EC Treaty, the Commission decided to begin a second stage of consultation of European social partners on the possible content of a Community measure to improve the portability of occupational pension rights.

Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision [Official Journal L 235 of 23.09.2003].
The aim of this Directive is to guarantee the freedom to provide occupational pension services across Europe and the free movement of capital in this sector. The common framework and the cooperation mechanisms created by the Directive will allow for the mutual recognition of pension funds and will therefore greatly widen the scope for cross-border management of occupational pension schemes and cross-border membership.

Commission Communication of 27 May 2002 concerning the first stage consultation of social partners on measures to improve the portability of supplementary pension rights [SEC(2002) 597 – Not published in the Official Journal].
The social partners were asked to give their opinion on the need for and possible direction of a Community action on the portability of occupational pension rights. In particular, the Commission consulted them on the usefulness of Community action in this field and the form such action should take (collective agreement, recommendation, code of practice, etc.).

Communication from the Commission to the Council, the European Parliament and the Economic and Social Committee – The elimination of tax obstacles to the cross-border provision of occupational pensions [COM(2001) 214 final – Not published in the Official Journal].
In this communication, the Commission called on Member States to eliminate all national tax rules which, by creating discriminatory conditions for occupational pension institutions established in other EU countries, are in breach of the Treaty’s provisions on the free movement of workers and capital, and on the freedom to provide services in the area of supplementary pensions.

Penal framework for preventing the facilitation of illegal immigration

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Penal framework for preventing the facilitation of illegal immigration

Outline of the Community (European Union) legislation about Penal framework for preventing the facilitation of illegal immigration

Topics

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

Justice freedom and security > Free movement of persons asylum and immigration

Penal framework for preventing the facilitation of illegal immigration

Document or Iniciative

Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence.

Summary

Common action between European Union (EU) countries in the fields of police and judicial cooperation in criminal matters is necessary for the creation of an area of freedom, security and justice. In this context, EU countries should also take measures to prevent the aiding of illegal immigration. To this end, this framework decision establishes minimum rules for penalties, liability of legal persons and jurisdiction.

Penalties

The directive defining the facilitation of illegal immigration sets out the infringements for which EU countries must adopt effective, proportionate and dissuasive criminal penalties that may include extradition. These penalties may be supplemented by other measures, such as:

confiscation of the means of transport;
prohibition to practice the occupational activity in which the offence was committed;
deportation.

Certain infringements committed for financial gain must be punishable by custodial sentences with a maximum sentence of not less than eight years, if they were committed as part of activity of a criminal organisation or if the lives of the subjects of the offences were endangered.

Liability of legal persons

Legal persons must be held liable for infringements relating to the aiding of illegal immigration committed for their benefit by any person that has power of representation of or authority to take decisions on behalf or to exercise control within the legal person. If such a person neglects to exercise supervision or control over a person under the authority of the legal person who commits an infringement, the legal person must also be held liable.

EU countries must adopt sanctions for legal persons that are effective, proportionate and dissuasive. These must include criminal or non-criminal fines and may include other sanctions, such as:

exclusion from public benefits;
temporary or definitive ban on commercial activities;
a judicial supervision or dissolution measure.

Jurisdiction

EU countries must ensure that their jurisdiction applies to infringements committed in their territory. They may decide whether they apply their jurisdiction in cases where the offence is committed by one of their nationals or for the benefit of a legal person established in their territory. However, if an EU country does not extradite its own nationals, it must ensure that its jurisdiction applies to infringements committed by its nationals outside of its territory.

When an EU country becomes aware of infringements breaching another EU country’s law on the entry and residence of aliens, it must communicate this information to the country concerned. If an EU country requests another EU country to prosecute such infringements, it must provide the latter with an official report or certificate describing the provisions of its law that were breached.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Framework Decision 2002/946/JHA	5.12.2002	5.12.2004	OJ L 328 of 5.12.2002

Related Acts

Report from the Commission of 6 December 2006 based on Article 9 of the Council Framework Decision of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence [COM(2006) 770 final – Not published in the Official Journal].

Penal sanctions against counterfeiting of the euro

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Penal sanctions against counterfeiting of the euro

Outline of the Community (European Union) legislation about Penal sanctions against counterfeiting of the euro

Topics

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

Fight against fraud > Fight against counterfeiting

Penal sanctions against counterfeiting of the euro

Document or Iniciative

Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro [See amending acts].

Summary

The need to combat counterfeiting and falsification of euro banknotes and coins has been mentioned in various acts, including Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the single currency and the Commission communication of 23 July 1998 on the protection of the euro [COM(1998) 474 final]. To this end, the Council, by way of Resolution of 28 May 1999 on increasing protection by penal sanctions against counterfeiting in connection with the introduction of the euro, wanted the euro to be appropriately protected in all Member States by effective criminal law measures before the new currency was put into circulation on 1 January 2002.

The 1929 International Convention for the Suppression of Counterfeiting Currency is the basic instrument of protection by penal sanctions against counterfeiting at international level.

The Framework Decision supplements the 1929 Convention by requiring Member States to introduce effective, proportional and dissuasive penalties, including terms of imprisonment which can give rise to extradition, for the following:

any fraudulent making or altering of currency;
the fraudulent uttering of counterfeit currency;
the import, export, transport, receiving, or obtaining of counterfeit currency with a view to uttering the same;
the fraudulent making, receiving, obtaining or possession of articles, computer programs, holograms or other instruments or means for the counterfeiting or altering of currency.

Penalties and jurisdiction

For the offences of fraudulent making or altering of currency, the maximum penalty provided for may not be set at less than eight years.

Every Member State has jurisdiction over offences committed on its territory. In the case of the counterfeiting of the euro, however, the Member States having adopted the euro may bring prosecutions irrespective of the place where the offence was committed. If several Member States have jurisdiction, they are to cooperate with a view to centralising the prosecution in a single State.

Framework Decision 2001/888/JHA supplements Framework Decision 2000/383/JHA with regard to the recognition of previous convictions. Since 1 January 2003, Member States have had to take on board the principle of the recognition of previous convictions under the conditions prevailing under their domestic laws. Moreover, they have had to recognise, for the purpose of establishing habitual criminality, final sentences handed down in another Member State for the offences referred to in Framework Decision 2000/383/JHA.

This act is affected by the judgment handed down by the Court of Justice of the European Communities in Case C-176/03 concerning the apportionment of competences in criminal matters between the European Commission and the Council of the European Union.

Act	Date of entry into force	Deadline for transposal in Member States	Official Journal
Framework Decision 2000/383/JHA	14.6.2001	29.5.2001	OJ L 140, 14.6.2000

Amending Act	Date of entry into force	Deadline for transposal in Member States	Official Journal
Framework Decision 2001/888/JHA	14.12.2001	31.12.2002	OJ L 329, 14.12.2001

Related Acts

Third Commission Report of 17 September 2007 based on Article 11 of the Council Framework Decision of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro [COM (2007) 524 final – Not published in the Official Journal].

This third report takes a detailed look at the state of play of transposal of the Framework Decision in the 27 Member States of the European Union. The Commission concludes that, in general, transposal has been satisfactory but draws attention to the fact that some Member States have not correctly transposed the Framework Decision into their national legislation. For example, three Member States still had to make provision for the recognition of convictions handed down in another Member State for establishing repeat offences.

Second Commission Report of 3 September 2003 based on Article 11 of the Council Framework Decision of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro [COM(2003) 532 final – Not published in the Official Journal].

The Council called on the Commission to draw up a second report incorporating additional information that had still to come from the Member States. On the basis of the information received the Commission was able to make a more comprehensive assessment. The conclusion is that, when all the amendments still in the process of being drafted or adopted enter into force, the Framework Decision will have been transposed in full into national law by all the Member States.

Report from the Commission of 13 December 2001 based on Article 11 of the Council’s Framework Decision of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro [COM(2001) 771 final – Not published in the Official Journal].

The purpose of the report is to enable the Council to evaluate the measures taken by Member States and to allow the European Central Bank to assess the level of criminal-law protection of the euro on the basis of those measures. The Commission notes that some Member States have not transposed in time the obligations imposed on them under the Framework Decision.

Pericles action programme 2002-13

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Pericles action programme 2002-13

Outline of the Community (European Union) legislation about Pericles action programme 2002-13

Topics

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

Fight against fraud > Fight against counterfeiting

Pericles action programme 2002-13

Document or Iniciative

Council Decision 2001/923/EC of 17 December 2001 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (Pericles programme) [See amending acts].

Summary

This Decision establishes the Pericles action programme putting in place training and technical assistance for the authorities responsible for combating counterfeiting. Initially intended to run from 1 January 2002 to 31 December 2005, the programme was extended to 31 December 2013.

The programme finances in-service training courses, specialist workshops, staff exchanges and any other activity that improves the expertise of those concerned by the single currency (police officers, customs officials, financial officials, representatives of the national central banks and national mints, specialised magistrates and lawyers, or any other professional group concerned). The content of training is multidisciplinary and transnational. It embraces security aspects, the exchange of information, and technical and scientific back-up.

In addition, the Commission makes provision for active contributions of specialist bodies such as the ESCB (European System of Central Banks), the NACs/CNACs (National Analysis Centres/Coin National Analysis Centres) and the ETSC (European Technical and Scientific Centre). Europol, Interpol and the national central anti-counterfeiting offices set up under the Geneva International Convention for the Suppression of Counterfeiting Currency of 20 April 1929 may also participate.

Under certain circumstances, the programme is open to participation by candidate countries and third countries. By Decision 2001/924/EC, the Council also extended the Pericles programme to the Member States which have not adopted the euro.

Projects under the programme may emanate from the competent authorities in the Member States or from the Commission. Member States may present one project a year concerning workshops, meetings or seminars. In order to select the projects submitted to it, the Commission takes the following into account:

the European dimension of the project;
compliance with the programme’s objectives;
the quality of the project in terms of its design, organisation, presentation, objectives and cost-effectiveness ratio;
compatibility with work under way or planned by the European Union.

The Commission is responsible for evaluating the way in which projects have been implemented. For that purpose, the beneficiaries of the selected projects must send a final report to the Commission.

The amount allocated for the implementation of the programme for the period from 1 January 2007 to 31 December 2013 is EUR 7 million.

Background

The Nice European Council called on the Member States to adopt efficient arrangements to prevent counterfeiting of the euro as soon as possible in 2001. A Council Framework Decision on increasing protection of the euro by criminal penalties was adopted, as was a Regulation on the necessary protection measures. The Commission feels that these initiatives should be supplemented by training measures for the professionals concerned by the introduction of the new currency.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2001/923/EC	21.12.2001	–	OJ L 339 of 21.12.2001

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2006/75/EC	8.2.2006	–	OJ L 36 of 8.2.2006
Decision 2006/76/EC	8.2.2006	–	OJ L 36 of 8.2.2006
Decision 2006/849/EC	28.11.2006	–	OJ L of 28.11.2006
Decision 2006/850/EC	28.11.2006	–	OJ L 330 of 28.11.2006

Successive amendments and corrections to Decision 2001/923/EC have been incorporated into the basic text. This consolidated versionis for information only.

Related Acts

Report from the Commission to the European Parliament and to the Council of 23 May 2006 concerning the implementation and results of the Pericles programme for the protection of the euro against counterfeiting [COM(2006) 243 final – Not published in the Official Journal].
Through exchanging information and fostering cooperation, the Pericles programme is helping to protect the euro from counterfeiting. Training and technical assistance play an important role in maintaining and building on the results currently achieved. The Report recommends that the programme is renewed for a further period of at least four years and that the emphasis is placed on practical training. Priority should be given to exchanges of staff and specific training.

Commission Decision 2005/37/EC of 29 October 2004 establishing the European Technical and Scientific Centre (ETSC) and providing for coordination of technical actions to protect euro coins against counterfeiting [Official Journal L 19 of 21.1.2005].
This Decision establishes the European Technical and Scientific Centre (ETSC) within the Commission, attached to OLAF. The ETSC analyses and classifies every new type of counterfeit euro coin and assists the Coin National Analysis Centres (CNAC) and the law-enforcement authorities.

Personal data protection: a new strategy

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Personal data protection: a new strategy

Outline of the Community (European Union) legislation about Personal data protection: a new strategy

Topics

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

Information society > Data protection copyright and related rights

Personal data protection: a new strategy

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions of 4 November 2010 – A comprehensive approach on personal data protection in the European Union [COM(2010) 609 final – Not published in the Official Journal].

Summary

Personal data comprises all information relating to an identified or identifiable person, either directly or indirectly.

This Communication proposes a new strategy for protecting personal data. It aims to revise the current legislative framework, specifically the Directive relating to the protection of personal data and the Directive relating to data protection in the electronic communications sector. As part of this revision, the Communication sets several objectives.

Objective 1: strengthening individuals’ rights

The right to personal data protection is a principle that follows from the Charter of Fundamental Rights of the European Union (EU). In order to protect this right, the European Commission wishes to develop a legal framework which takes into account the rapid growth of new technologies and social networks, in particular.

The Commission is considering introducing a general principle of transparent processing of personal data. To this end, it plans to draw up one or more EU standard forms of privacy information notices, and to implement a general obligation to notify personal data breaches.

It is also essential that individuals can exercise better control over their data, particularly when sending them online. To this end, the Commission wishes to improve the modalities for:

the right of access;
rectification;
erasure or blocking of data;
the ‘right to be forgotten’.

Objective 2: enhancing the internal market

There are currently divergences in how the Member States apply the Directive on the protection of personal data. The Commission therefore wishes to enhance the harmonisation of data protection rules at EU level.

Furthermore, still within the context of enhancing the internal market, the Commission also intends to reduce the administrative burden that data protection represents for enterprises. It therefore plans to harmonise the current notification system and to draw up a uniform EU-wide registration form. At the same time, certain modalities related to data processing must be more clearly defined through:

the appointment of an independent Data Protection Officer;
a data protection impact assessment;
promoting the use of Privacy Enhancing Technologies (PETs).

Objective 3: revising the data protection rules in the area of police and judicial cooperation

In the Stockholm Programme the Commission highlighted the need to have a comprehensive protection scheme. Currently, Framework Decision 2008/977/JHA establishes cooperation in criminal matters relating to personal data protection which applies only to the exchange of data between EU countries. The Commission is considering extending, in the future, the application of these rules to data exchanged at national level.

Objective 4: developing international data protection

Personal data from third countries can circulate through Member States if the Commission considers that the level of data protection guaranteed by a third country is adequate. However, the criteria which enable the level of protection to be determined have not yet been clearly defined. The current procedures for international data transfers therefore need to be defined, as do the legal instruments applicable in this field.

Furthermore, the Commission wishes to harmonise the clauses relating to personal data protection contained in the international agreements concluded by the EU with third countries. In this regard, the Commission plans to enhance its cooperation with third countries and follow up the development of international technical standards.

Objective 5: strengthening the institutional arrangement

The Commission wishes to strengthen the role and powers of the authorities responsible for data protection. They should benefit from the status of ‘complete independence’. It is also crucial that they improve their cooperation and coordination.

Furthermore, the Article 29 Working Party shall also contribute towards improving the activities of the national authorities by ensuring a more consistent application of the European data protection rules.

Context

A review of the current legal framework for data protection was launched during a conference in May 2009, followed by a public consultation. Following the consultation, the Commission shall present new legislative proposals in 2011.

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

Pesticides

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Pesticides

Outline of the Community (European Union) legislation about Pesticides

Topics

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

Food safety > Contamination and environmental factors

Pesticides

Document or Iniciative

Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides.

Summary

Pesticides are used in agriculture, to regulate the growth of plants on non-agricultural land, or for other purposes (for example, biocide products used to preserve wood, as disinfectants, and for some domestic uses). They are also used to kill or combat pests.

Scope

This Framework Directive covers only pesticides which are plant protection products. It does not apply to biocide products.

Member States may apply the precautionary principle to restrict or prohibit the use of pesticides in specific circumstances or areas.

National Action Plans

National Action Plans shall contain objectives, measures and timetables to reduce risks of pesticide use on human health and the environment. They should also foster the use of alternative ecological approaches or techniques.

National Action Plans shall also include indicators to monitor the use of plant protection products containing active substances of particular concern.

Training, sales of pesticides, and information

Member States shall set up systems of training for professional users, distributors and advisors. This training shall be sanctioned by the obtaining of a certificate. These certificates shall attest that professional users, distributors and advisors have acquired sufficient knowledge regarding: the legislation in force, the dangers and risks associated with pesticides, means of detection and monitoring, procedures for preparing equipment, emergency action in case of accident, etc.

Persons selling pesticides for professional use must hold the aforementioned certificate.

Member States shall inform the public and promote information and awareness-raising programmes regarding the risks for human health, non-target organisms and the environment arising from pesticide use.

Inspection of pesticide application equipment

Pesticide application equipment used by professionals must be inspected every five years by bodies designated by Member States. From 2020, the frequency of inspections will increase to once every three years. The purpose of these inspections is to check that equipment functions reliably and that it is used properly for its intended purpose, ensuring that pesticides can be accurately dosed and distributed.

These inspections concern the following equipment: power transmission parts, pumps, agitation devices, tanks, measuring systems, control and regulation systems, pipes and hoses, filters, etc.

Aerial spraying of pesticides

The aerial spraying of pesticides is prohibited. Derogations are nevertheless possible where there is no viable alternative, or where aerial spraying has advantages in terms of reduced impacts on human health and the environment as compared with land-based application. If a derogation is granted, measures must be taken as regards information and protection.

Protection of the aquatic environment and drinking water

Member States shall adopt specific measures to protect the aquatic environment and drinking water supplies. These measures give priority to the use of the least toxic products, the most effective techniques, equipment limiting drift of products, and the establishment of buffer zones along surface waters. These measures also aim at reducing or prohibiting spraying near roads or railways, or surfaces likely to be contaminated by the seepage or run-off of surface water or groundwater.

Protection of sensitive areas

In certain sensitive areas, the use of pesticides is prohibited or strictly limited. This measure aims at protecting areas covered by the “Birds” and “Habitats” Directives, and areas used by the general public or by sensitive groups of the population (parks, public gardens, sports grounds, recreation grounds, etc.).

Integrated pest management

Integrated pest management prioritises the least dangerous solutions for health and the environment. Professionals must therefore take into consideration all plant protection methods in order to eradicate pests. They must in particular give priority to those which cause the least disruption to agricultural ecosystems and encourage natural pest control mechanisms. These general principles for integrated pest management will become obligatory from 1 January 2014.

Risk indicators

The Commission establishes harmonised indicators according to statistics collected by the Member States. These indicators allow trends in risks from pesticide use to be estimated.

Member States may use their own national indicators in addition to the indicators harmonised at Community level.

Context

The Framework Directive was originally one of two legislative proposals accompanying the 2006 Communication – A thematic strategy on the sustainable use of pesticides. The other legislative proposal led to the adoption of Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2009/128/EC	25.11.2009	14.12.2011	OJ L 309 of 24.11.2009

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