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Action programme to combat discrimination

Outline of the Community (European Union) legislation about Action programme to combat discrimination

Topics

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

Anti-discrimination and relations with civil society

Action programme to combat discrimination (2001-2006)

This Decision establishes an action programme to support and complete the action taken by Member States to combat all forms of discrimination. From 1 January 2007, this programme is replaced by the PROGRESS Community programme.

Document or Iniciative

Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to combat discrimination (2001 to 2006).

Summary

The goal of this programme was to encourage concrete measures to combat discrimination and to supplement the activities (mainly legislative) of the European Union (EU) and the Member States. Discrimination where a person or group of persons are treated less favourably on the grounds of the characteristics indicated in the Treaty (race, religion, disability, age, sexual orientation, etc.) or if the application of an apparently neutral provision is liable to adversely affect this person or group for the same reasons.

The EU wishes in particular:

to improve the knowledge and appraisal of the phenomenon through the evaluation of the effectiveness of policies and practice;
to develop the capacity of target actors (local authorities, independent bodies, social partners, non-governmental organisations (NGOs), etc.), through exchange of information and good practices and the creation of European networks, which in this way will be able to anticipate and tackle discrimination;
to promote and disseminate values and practices underlying the fight against discrimination (a particularly important aspect with the prospect of enlargement).

Actions and method

Through this programme, the EU supported the following transnational actions:

analysis of factors linked to discrimination (gathering of statistics, studies, evaluation of the effectiveness of policies and dissemination of results);
transnational cooperation between the target actors and creation of European networks of NGOs;
awareness-raising as regards the European dimension of the fight against discrimination.

These actions were carried out thanks to active cooperation between the Commission, the Member States and civil society. A regular exchange of views between NGOs and the social partners on the design, implementation and follow-up of the programme was organised by the Commission.

An advisory committee, composed of representatives of the Member States and chaired by the representative of the Commission, assisted the Commission in preparing general guidelines for implementation of the programme, the budget and the annual work plan.

The Commission had to ensure overall consistency of combating discrimination with other EU policies, instruments and actions relating to research, employment, equality between women and men, social inclusion, education, training and youth policy and external relations. Together with the Member States, it coordinated the actions adopted under this programme and under the Structural Funds and the Community Initiative EQUAL.

The European Free Trade Association/European Economic Area countries and the applicant countries were free to participate in the programme.

The budget for the period 2001-2006 was EUR 98.4 million.

Background

Following the entry into force of the Amsterdam Treaty, the European Union is empowered to take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation (Article 13 of the EC Treaty).

Community measures to promote equality between men and women were first adopted in the 1970s. On the basis of the experience gained in this area in the field of legislation and practice, the Commission proposed a broader action programme aimed at combating all forms of discrimination referred to in the Treaty, other than discrimination based on gender, which is still the subject of a specific action.

This programme, replaced by the PROGRESS Community programme from 1 January 2007, included a raft of initiatives designed to establish common principles for combating discrimination. A Communication [COM(1999)564 final] sets out the general framework for EU action and, besides the action programme, includes a legislative strand consisting of two directives designed to ensure equal treatment between persons irrespective of racial or ethnic origin, on the one hand, and in relation to employment and occupation, on the other.

References

Act	Entry into force – Expiry date	Deadline for transposition in the Member States	Official Journal
Decision 2000/750/EC	2.12.2000 – 31.12.2006	1.1.2001	OJ L 303 of 2.12.2000

Animal by-products not intended for human consumption

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Animal by-products not intended for human consumption

Outline of the Community (European Union) legislation about Animal by-products not intended for human consumption

Topics

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

Food safety > Animal nutrition

Animal by-products not intended for human consumption

The food crises of the 1990s highlighted the part played by animal by-products not intended for human consumption in the spread of certain infectious diseases. Such by-products must be kept out of the food chain. This Regulation therefore establishes strict health rules for their use, so as to ensure a high level of health and safety. In particular, it prohibits intra-species recycling.

Document or Iniciative

Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption [See amending acts].

Summary

Regulation (EC) No 178/2002 constitutes the cornerstone of the new European legislation on food safety. Adopting the “from farm to table” approach, it aims, by drawing on the latest scientific opinions, to guarantee a high standard of health and safety throughout the food chain.

Animal by-products are defined as the entire bodies or parts of bodies of animals or products of animal origin not intended for human consumption, including ova, embryos and sperm. They represent more than 15 million tonnes of meat, dairy products and other products, including manure . These materials are then disposed of or processed and re-used in many different sectors, including the cosmetics or pharmaceuticals sectors, as well as being used for other technical purposes.

Following the food crises of the 1990s, such as the bovine spongiform encephalopathy (BSE) epidemic, the role of these by-products in propagating transmissible animal diseases was brought to light. Composed of eight independent scientific experts, the Scientific Steering Committee then concluded that products derived from animals declared unfit for human consumption must not enter the food chain. Moreover, the administration to any animal of proteins obtained by processing carcasses of the same species – or cannibalism – may constitute an additional risk of disease propagation.

This Regulation sets out the measures to be implemented for the processing of animal by-products.

SCOPE

This Regulation lays down the health and surveillance rules applicable to:

the collection, transport, storage, handling, processing and use or disposal of animal by-products;
the placing on the market and, in certain specific cases, the export and transit of animal by-products and products derived therefrom.

It does not apply to:

raw petfood originating from retail shops;
liquid milk and colostrum used on the farm of origin;
entire bodies (or parts) of healthy wild animals, except for fish landed for commercial purposes and animals used to produce game trophies;
raw petfood for use on site, derived from animals slaughtered on the farm of origin for use as foodstuffs by the farmer and his family only, in accordance with national legislation;
catering waste, unless it is destined for animal consumption, it is destined for use in a biogas plant or for composting or it comes from means of transport operating internationally;
ova, embryoes and sperm intended for breeding purposes;
transit by sea or by air.

CLASSIFICATION OF ANIMAL BY-PRODUCTS

Category 1 material

Category 1 material comprises the following animal by-products:

all body parts body, including hides and skins, of animals suspected of being infected by a transmissible spongiform encephalopathy (TSE) or in which the presence of a TSE has been confirmed, animals killed in the context of TSE eradication measures, pet animals, zoo animals and circus animals, experimental animals, wild animals suspected of being infected with a communicable disease;
specified risk material as tissues likely to carry an infectious agent;
products derived from animals that have absorbed prohibited substances or substances containing products dangerous for the environment;
all animal material collected when treating waste water from category 1 processing plants and other premises in which specified risk material is removed;
catering waste from means of transport operating internationally;
mixtures of category 1 with category 2 and/or category 3 material.

Intermediate handling and storage of category 1 material must take place in approved intermediate establishments of the same category. Collected, transported and identified without delay, this material shall be:

directly disposed of as waste by incineration in an approved incineration plant;
processed in an approved plant by a specific method, in which case the resulting material shall be marked and finally disposed of as waste by incineration or co-incineration;
with the exclusion of material coming from carcasses of animals infected (or suspected of being infected) with a TSE, processed by a specific method in an approved plant, in which case the resultant material shall be marked and finally disposed of as waste by means of burial in an approved landfill;
in the case of catering waste, disposed of by burial in a landfill.

Category 2 material

Category 2 material comprises the following animal by-products:

manure and digestive tract content;
all animal materials other than those belonging to category 1 collected when treating waste water from slaughterhouses;
products of animal origin containing residues of veterinary drugs and contaminants in concentrations exceeding the Community limits;
products of animal origin, other than category 1 material, that are imported from third countries and fail to comply with the Community veterinary requirements;
animals other than category 1 that have not been slaughtered for human consumption;
mixtures of category 2 and category 3 material.

Except in the case of manure, the intermediate handling and storage of category 2 material must take place in approved intermediate establishments of the same category. Collected, transported and identified without delay, this material shall be:

directly disposed of as waste by incineration in an approved incineration plant;
processed in an approved plant by a specific method, in which case the resultant material shall be marked and finally disposed of as waste;
ensiled or composted in the case of material derived from fish;
in the case of manure, digestive tract content, milk and colostrum not presenting any risk of spreading a communicable disease, either a) used without processing as raw material in a biogas or composting plant or treated in a technical plant, or b) applied to land;
used in a technical plant to produce game trophies.

Category 3 material

Category 3 material comprises the following animal by-products:

parts of slaughtered animals which are fit for human consumption but are not intended for human consumption for commercial reasons;
parts of slaughtered animals which are rejected as unfit for human consumption but are not affected by any sign of a communicable disease;
hides and skins, hooves and horns, pig bristles and feathers originating from animals that are slaughtered in a slaughterhouse and were declared fit for human consumption after undergoing an ante mortem inspection;
blood obtained from animals declared fit for human consumption after undergoing an ante mortem inspection, other than ruminants slaughtered in a slaughterhouse;
animal by-products derived from the production of products intended for human consumption, including degreased bones and greaves;
former foodstuffs of animal origin, other than catering waste, which are no longer intended for human consumption for commercial reasons or due to problems of manufacturing or packaging defects;
raw milk originating from animals that do not show any signs of a communicable disease;
fish or other sea animals, except sea mammals, caught in the open sea for the purpose of fishmeal production, and fresh by-products from fish from plants manufacturing fish products for human consumption;
shells of eggs originating from animals that do not show any signs of a communicable disease;
blood, hides and skins, hooves, feathers, wool, horns, hair and fur originating from healthy animals;
catering waste other than category 1.

Intermediate handling and storage of category 3 material must take place in approved intermediate establishments of the same category. Collected, transported and identified without delay, this material shall be:

directly disposed of as waste by incineration in an approved incineration plant;
used as raw material in a petfood plant;
processed by a specific method in an approved processing, technical, biogas or composting plant;
composted or processed in a biogas plant in the case of category 3 catering waste;
in the case of raw material of fish origin, ensiled or composted.

COLLECTION, TRANSPORTATION, STORAGE, DISPATCH

With the exception of category 3 catering waste, animal by-products and processed products shall be collected, transported and identified. The regulatory procedure concerns identification and labelling of raw materials in the three categories, equipment of vehicles and containers, commercial documents, health certificates and transportation conditions. Records must be kept of all dispatches.

For the dispatch of animal by-products and processed products, the Member State of destination must have authorised the receipt of category 1 and 2 material and of processed animal proteins. Duly identified, any batch of animal by-products must be conveyed directly to the plant of destination. Information is exchanged between the Member States’ competent authorities via the TRACES system.

APPROVAL

Intermediate and storage establishments

Category 1, 2 and 3 intermediate and storage establishments shall be subject to approval by the competent authority. To be approved, they must meet the requirements of the Regulation aimed at preventing any risk of transmissible disease propagation.

Hygiene requirements relate to: the layout of premises, the type of facilities, staff hygiene, protection against pests (insects, rodents and birds), waste water disposal, storage temperature, cleaning and disinfection of containers and transport vehicles other than ships.

The competent authority must check these establishments regularly; in addition, intermediate establishments must apply specific own-check procedures. The competent authority shall suspend approval immediately if the conditions under which it was granted are no longer fulfilled.

Incineration and co-incineration plants

Directive 2000/76/EC defines the conditions for the incineration of waste from processed products. Where this Directive does not apply to certain animal by-products, they are disposed of in accordance with the present Regulation.

The competent authority shall approve high- and low-capacity plants. Used only for the disposal of pet animals, specified risk material and category 2 and/or category 3 material, low-capacity plants must meet strict requirements regarding the equipment and maintenance of premises, operating conditions (gaseous releases, temperature), waste water, residues (ash, slag, dust), temperature measurement and the conditions for incinerating specified risk material.

Approval shall be suspended immediately if the requirements in force are no longer met.

Category 1 and 2 processing plants

Category 1 and 2 processing plants shall be subject to approval by the competent authority, which validates and checks the manufacturing processes. To be approved, these plants must meet the requirements of the Regulation regarding: the layout of premises, the type of facilities, staff hygiene, protection against pests (insects, rodents and birds), waste water disposal, storage, cleaning and disinfection of the site and vehicles.

Depending on the category of animal by-products, seven processing methods may be used. Described in Annex V, these methods vary according to the particle size of the raw material, the temperature reached during heat treatment, the pressure applied and the duration of the process, one of them being specific to animal by-products of fish origin. Method No 1 shall be applied to:

category 2 material – other than manure, digestive tract content, milk and colostrum – destined for a biogas or composting plant or intended for use as organic fertilisers or soil improvers;
category 1 and 2 material to be disposed of in a landfill;
processed mammalian proteins.

The methods numbered from 1 to 5 are applied to:

category 2 raw material intended for incineration after processing;
category 1 and 2 material intended for incineration.

For each of the processing methods, identification of the critical points determining the intensity of heat treatment is essential. These critical points include: the particle size of the raw material, the temperature reached during heat treatment, the pressure applied and the duration of the process.

Approval shall be suspended immediately if the conditions under which it was granted are no longer fulfilled.

Category 3 processing plants

Category 3 processing plants shall be subject to approval by the competent authority. To be approved, these plants must meet the requirements regarding the layout of the premises, the type of facilities, hot water production capacity, heat treatment, protection against pests, waste water disposal, cleaning and disinfection of the site.

Only category 3 raw material – apart from blood, hides and skins, hooves, feathers, wool, horns, hair and fur of animals unfit for human consumption but not show any signs of a communicable disease, as well as catering waste – may be used for the production of processed animal proteins and other raw material for animal feed. Prior to any processing, the animal by-products must be subjected to a check to detect the presence of foreign bodies such as packaging material or pieces of metal.

For each of the processing methods used, the critical points determining the intensity of the heat treatment must be identified: particle size, temperature, pressure, duration of the process. Specific requirements are applicable, depending on whether the method involves processed animal proteins (e. g. method No 1 for mammalian proteins), blood products, rendered fats and fish oils, (products based on) milk and colostrum, gelatine and hydrolysed proteins, dicalcium or tricalcium phosphate.

The competent authority shall approve and inspect processing plants and shall suspend approval immediately if the requirements of the Regulation are no longer met. The plants must also introduce own-check procedures.

Category 2 and 3 oleochemical plants

Oleochemical plants shall be subject to approval by the competent authority. To be approved, these plants must process rendered fats derived from category 2 or 3 material in accordance with the standards laid down in the Regulation and establish and implement critical point monitoring and control methods. The authority shall inspect the plants and suspend approval if the conditions under which it was granted are no longer fulfilled.

Biogas and composting plants

Biogas and composting plants shall be subject to approval by the competent authority. The conditions for obtaining approval relate to the nature and equipment of the plants. In addition, these plants must implement critical point monitoring and control methods. Approval shall be suspended immediately if the conditions under which it was granted are no longer fulfilled.

Only the following animal by-products may be processed in a biogas or composting plant:

category 2 material subjected to processing method No 1 in a category 2 processing plant;
manure and digestive tract content separated from the digestive tract, milk and colostrum;
category 3 material.

There are specific hygiene and processing requirements for biogas and composting plants.

Petfood plants and technical plants

Plants producing petfood, articles for chewing and technical products shall be subject to control and approval by the competent authority.

The Regulation sets out the hygiene rules specific to:

petfood and articles for chewing;
manure;
blood and blood products;
serum from equidae;
hides and skins of ungulates;
game trophies;
wool;
unprocessed hair, unprocessed pig bristles, unprocessed feathers and parts of feathers;
apiculture products;
bones, horns, hooves intended for purposes other than as raw material for animal feed, organic fertilisers or soil improvers;
animal by-products intended for the manufacture of petfood, pharmaceuticals and other technical products;
rendered fats intended for an oleochemical use;
fat derivatives;
flavouring innards used in the manufacture of petfood.

The plants must establish and implement critical point monitoring and control methods on the basis of the process used. Depending on the products, they must take samples for laboratory analysis. The competent authority shall carry out checks and suspend approval if the conditions under which it was granted are no longer fulfilled.

PLACING ON THE MARKET AND USE OF PROCESSED PROTEINS

The Member States must be able to guarantee that animal by-products and processed products do not come from a geographical zone subject to health restrictions. In certain cases, animal by-products may originate from such a zone if they are neither infected nor suspected of being infected, are correctly identified and meet the hygiene requirements laid down in the Regulation.

Placing on the market and export of processed animal proteins used as feed material

Only animal proteins handled, processed, stored and transported in accordance with the provisions of the Regulation may be placed on the market. Produced in a category 3 processing plant, they must be prepared exclusively from material of the same category.

Placing on the market and export of petfood, articles for chewing and technical products

Only petfood, articles for chewing and technical products which meet the specific requirements of the Regulation and come from approved and inspected plants may be placed on the market.

Fat derivatives, placed on the market or exported, must be produced from category 2 or 3 material and prepared in an oleochemical plant; they must meet the requirements of the Regulation relating to processing and handling.

Safeguard measures

In the event of an outbreak of an epizootic disease that may constitute a risk to health, the Member State of dispatch must take – in accordance with the legislation in force – all necessary measures to eradicate the disease and, in particular, must demarcate the affected area. The Member State of destination must take the preventive measures laid down in Community legislation. These provisions apply to movements of animal by-products.

It is prohibited to:

feed a species with processed animal proteins derived from the bodies or parts of bodies of animals of the same species (cannibalism);
Following a consultation of the Scientific Committee, which came out in favour, fish and fur animals are exempt from this ban.
feed farmed animals other than fur animals with catering waste;
apply organic fertilisers and soil improvers, other than manure, to pasture land.

DEROGATIONS

Derogations regarding the use of animal by-products

Under the supervision of the competent authority, the Member States may authorise the use of animal by-products for diagnostic, educational and research purposes, as well as for taxidermy purposes in approved technical plants.

Animal by-products derived from category 2 and 3 material – except for blood, hides and skins, hooves, feathers, wool, horns, hair and fur from animals unfit for human consumption but not showing any signs of a communicable disease – may be used for the feeding of the following animals:

zoo and circus animals;
reptiles and birds of prey;
fur animals;
wild animals the meat of which is not destineded for human consumption;
dogs from recognised kennels or packs of hounds;
maggots for fishing bait.

Following a consultation of the Scientific Committee, which expressed a favourable opinion, the Member States may authorise the use of entire bodies of category 1 animals containing specified risk material for the feeding of endangered or protected species of necrophagous birds (griffon vultures).

Member States must inform the Commission of the use made of the derogations and the verification arrangements introduced. They must draw up a list of authorised users and collection centres registered on their territory and assign them an official number.

Derogations regarding the disposal of animal by-products

The direct burial of dead pet animals is authorised only in limited cases.

Certain animal by-products originating in remote areas may be disposed of as waste by burning or burial on site. This concerns the bodies of pet animals and category 1 animals containing specified risk material, category 2 and 3 material originating in remote areas or animal by-products that can be burnt or buried on site in the event of an outbreak of a disease included in list A of the International Office for Epizootics (OIE).

No derogation may be granted for animals suspected of being infected with a TSE.

CONTROLS AND INSPECTIONS

Plants’ own checks

Operators and owners of intermediate establishments and processing plants must put in place a permanent procedure developed in accordance with the principles of the system of hazard analysis and critical control points (HACCP). They must:

identify the critical points in order to establish a monitoring and control method;
in the case of a processing plant, take samples for analysis;
record the results of checks and tests and keep them for a period of at least two years;
introduce a system ensuring the traceability of each batch dispatched.

Where the results of a test on samples do not comply with the provisions of the Regulation, the operator of the plant must notify the competent authority immediately, establish the causes of failures of compliance, stop the dispatch of contaminated material, increase the frequency of testing of production and take appropriate steps to decontaminate the plant.

Official controls and lists of approved establishments and plants

The competent authority shall inspect approved establishments and plants at regular intervals. In the case of processing plants, the supervision of production covers the following:

general conditions of hygiene of the premises;
equipment and staff;
the efficacy of the own checks carried out by the plant;
the standards of the products after processing;
storage conditions;
description of the process;
identification of critical control points (CCP).

The frequency of inspections and supervision shall depend on the size of the establishments and plants, the type of products manufactured and the risk assessment in accordance with the principles of the HACCP system.

Each Member State shall draw up a list of the approved establishments and plants within its territory and assign them an official identification number. It shall sends copies of the list and updated versions to the Commission and the other Member States.

Community controls in the Member States

Experts from the Commission experts may make on-the-spot checks in cooperation with the competent authorities of the Member States. The Commission shall inform the Member State’s competent authority of the results of the checks made.

IMPORTATION AND TRANSIT OF CERTAIN ANIMAL BY-PRODUCTS

The provisions applicable to the importation of animal by-products from third countries shall provide equivalent guarantees to those applicable to the production and marketing of these products in the Community.

Imported products must come from a third country on an updated list which takes account of criteria relating to that country’s legislation and health situation. Similarly, establishments and plants producing for export to the European Union shall be approved by the competent authority in the third country and entered on a Community list. Pending the compilation of such lists, the Member States may maintain the controls provided for in Directive 97/78/EC.

A health certificate, which may be drawn up according to various models shown in the Regulation, shall identify the product and certify that it is safe.

Experts from the Commission may make on-the-spot checks with a view to drawing up the list of third countries and verifying compliance with import and/or transit conditions. The Commission shall meet the costs incurred for these checks. If a check reveals a serious infringement of the health rules, the Commission shall immediately ask the third country to take appropriate measures or shall suspend consignments to the Union and immediately inform the Member States.

According to the product concerned, the lists of third countries from which the Member States may authorise imports of animal by-products are given in Annex XI of the Regulation.

FINAL PROVISIONS

After consultation of the appropriate scientific committee on any question that could have an impact on animal health or public health, the Annexes may be amended or supplemented and any appropriate transitional measures may be adopted by a decision of the Commission.

The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health and by the appropriate scientific committees.

National provisions

Within one year of the entry into force of the Regulation, the Member States shall communicate to the Commission the text of the provisions of any national law that they adopt in order to comply with the new Community provisions.

On the basis of the information received, the Commission shall submit to the European Parliament and the Council a detailed report accompanied, if appropriate, by legislative proposals. It shall also prepare a report on the financial arrangements in by the Member States for the processing, collection, storage and disposal of animal by-products.

The Member States may adopt or maintain more restrictive national rules concerning the use of organic fertilisers and soil improvers and of fat derivatives produced from category 2 raw material.

Repeal

Directive 90/667/EEC and Decisions 95/348/EC and 1999/534/EC shall be repealed with effect from six months after the entry into force of the Regulation.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1774/2002	30.10.2002	–	OJ L 273 of 10.10.2002

DEROGATION

Decision 2003/324/EC [Official Journal L117 of 13.05.2003]

This derogation is granted to Finland and Estonia with regard to the intra-species recycling of fur animals (fox and raccoon dog) with processed animal protein derived from the bodies or parts of bodies of animals of the same species.

See consolidated version (pdf)

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 808/2003	13.05.2003	–	OJ L 117 of 13.05.2003

Successive amendments and corrections to Regulation (EC) No 1774/2002 have been incorporated into the original text. The consolidated version (pdf ) is intended purely as a documentation tool.

CHANGES TO THE ANNEXES

Annexe I – Specific definitions:
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003];
Regulation (EC) No 668/2004 [Official Journal L 112 of 19.04.2004];
Regulation (EC) No 181/2006 [Official Journal L 29 of 2.2.2006];
Regulation (EC) No 829/2007 [Official Journal L 191 of 21.7.2007];
Regulation (EC) No 1432/2007 [Official Journal L 320 of 6.12.2007].

Regulation (EC) No 777/2008 [Official Journal L 207 of 5.8.2008].

Annexe II – Hygiene requirements for collection and transport:
Regulation (EC) No 808/2003 [Official Journal L 117 du 13.05.2003];
Regulation (EC) No 93/2005 [Official Journal L 19 du 21.01.2005].
Regulation (EC) No 829/2007 [Official Journal L 191 of 21.7.2007];
Regulation (EC) No 1432/2007 [Official Journal L 320 of 6.12.2007].

Annexe III – Hygiene requirements for intermediate and storage plants:
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003].

Annexe IV – Requirements for incineration and co-incineration plants to which Directive 2000/76/EC does not apply:
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003];

Annexe V – General hygiene requirements for the processing of category 1, 2 and 3 material:
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003];
Regulation (EC) No 93/2005 [Official Journal L 19 of 21.01.2005].
Regulation (EC) No 777/2008 [Official Journal L 207 of 5.8.2008]

Annexe VI – Specific requirements for the processing of category 1 and 2 material and for the production of biogas, for composting as well as for the marking of certain processed products:
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003];
Regulation (EC) No 208/2006 [Official Journal L 36 of 08.02.2006];
Regulation (EC) No 1432/2007 [Official Journal L 320 of 6.12.2007].

Annexe VII – Specific hygiene requirements for the processing and placing on the market of processed animal protein and other processed products that could be used as feed material:
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003] ;
Regulation (EC) No 668/2004 [Official Journal L 112 of 19.04.2004].
Regulation (EC) No 829/2007 [Official Journal L 191 of 21.7.2007].
Regulation (EC) No 437/2008 [Official Journal L 132 of 22.5.2008].

Regulation (EC) No 777/2008 [Official Journal L 207 of 5.8.2008].

Annexe VIII – Requirements for the placing on the market of petfood, dogchews and technical products:
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003] ;
Regulation (EC) No 668/2004 [Official Journal L 112 of 19.04.2004];
Regulation (EC) No 208/2006 [Official Journal L 36 of 08.02.2006].
Regulation (EC) No 2007/2006 [Official Journal L 379 of 28.12.2006];
Regulation (EC) No 829/2007 [Official Journal L 191 of 21.7.2007].

Regulation (EC) No 399/2008 [Official Journal L 118 of 6.5.2008].

Regulation (EC) No 523/2008 [Official Journal L 153 of 12.6.2008].

Annexe IX – Rules applicable to the use of certain category 2 and category 3 material for the feeding of certain animals in accordance with Article 23(2):
Regulation (EC) No 808/2003 [Official Journal L 117 of 13.05.2003].

Annexe X – Model health certificates for the importation from third countries of certain animal by-products and products derived therefrom:
Regulation (EC) No 668/2004 [Official Journal L 112 of 19.04.2004].
Regulation (EC) No 2007/2006 [Official Journal L 379 of 28.12.2006];
Regulation (EC) No 829/2007 [Official Journal L 191 of 21.7.2007].

Regulation (EC) No 437/2008 [Official Journal L 132 of 22.5.2008].

Regulation (EC) No 523/2008 [Official Journal L 153 of 12.6.2008].

Annexe XI – List of third countries from which member states may authorise imports of animal by-products not intended for human consumption:
Regulation (EC) No 668/2004 [Official Journal L 112 of 19.04.2004];
Regulation (EC) No 416/2005 [Official Journal L 66 of 12.03.2005].
Regulation (EC) No 829/2007 [Official Journal L 191 of 21.7.2007].

Regulation (EC) No 437/2008 [Official Journal L 132 of 22.5.2008].

Regulation (EC) No 523/2008 [Official Journal L 153 of 12.6.2008].

Related Acts

PROPOSALS

Proposal for a Regulation of the European Parliament and of the Council laying down health rules as regards animal by-products not intended for human consumption (“Animal by-products Regulation”) [COM (2008) 345 final – Not published in the Official Journal].

In this proposal the basic framework of safeguards applicable to animal by-products (ABP) is maintained. Nevertheless, the regulations will be clarified and a more risk-based approach will be introduced. The proposal also aims to ensure that the health rules on ABP are consistent with other Community legislation. Finally this proposal specifies the circumstances and methods related to the implementation of environmental legislation and facilitates the use of materials of animal origin for technical uses.

Codecision Procedure (COD/2008/0110).

Commission Regulation (EC) No 1192/2006 of 4 August 2006 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards lists of approved plants in Member States [Official Journal L 215 of 5.8.2006].

Category 1 material

Commission Regulation (EC) No 92/2005 of 19 January 2005 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards means of disposal or uses of animal by-products and amending its Annex VI as regards biogas transformation and processing of rendered fats [Official Journal L 19 of 21.1.2005].

Commission Regulation (EC) No 811/2003 of 12 May 2003 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures [Official Journal L 117 of 13.5.2003].

Commission Decision 2003/322/EC [Official Journal L 117 of 13.5.2003]

(Use of category 1 materials for the feeding of certain necrophagous birds)

See consolidated text (pdf ).

Category 3 material

Commission Regulation (EC) No 79/2005 [Official Journal L 16 of 20.1.2005]

(the use of milk, milk-based products and milk-derived products, defined as Category 3 material).

See consolidated version (pdf ).

TRANSITIONAL MEASURES

Commission Regulation (EC) No 197/2006 of 3 February 2006 on transitional measures under Regulation (EC) No 1774/2002 as regards the collection, transport, treatment, use and disposal of former foodstuffs [Official Journal L 32 of 4.2.2006].
Member States can authorise the collection, transport, treatment and use and disposal of former foodstuffs of animal origin or containing products of animal origin not intended for human consumption, which carry no risk for human or animal health. This transitional measure is valid until 31 July 2009.

Regulation (EC) No 878/2004 [Official Journal L 162 of 30.4.2004]

(importation and placing on the market of certain by-products from categories 1 and 2.

REPORTS

Report from the Commission to the Council and the European Parliament of 21 October 2005 on the measures taken by Member States to ensure compliance with regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption [COM(2005) 521 – Official Journal C 49 of 28.02.2006].

Common rules for access to the international market for coach and bus services

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Common rules for access to the international market for coach and bus services

Outline of the Community (European Union) legislation about Common rules for access to the international market for coach and bus services

Topics

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

Internal market > Single market for services

Common rules for access to the international market for coach and bus services

Document or Iniciative

Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services.

Summary

This regulation incorporates Regulations Nos 684/92 and 12/98 into one single regulation to clarify and simplify the rules for the international carriage of passengers by road within the territory of the European Union (EU) and the conditions under which non-resident carriers may operate national transport services within an EU country.

Freedom to provide services

A carrier is permitted to carry out regular international carriage services, including special regular services * and occasional services * by coach and bus, without discrimination on grounds of nationality or place of establishment if he:

is authorised in the EU country of establishment to undertake carriage by means of regular services in accordance with the market access conditions in national law;
fulfils the conditions within the EU rules on admission to the occupation of road passenger transport operator in national and international transport operations;
meets the legal requirements relating to EU standards for drivers and vehicles.

Community licence

International carriage of passengers by coach and bus is subject to a Community licence issued by the competent authorities of the EU country of establishment. The licence is issued in the name of the carrier for a renewable period of up to 10 years and is non-transferable. EU countries may also decide that the Community licence is valid for national transport operations.

Regular services subject to authorisation

The authorisations are issued in the name of the carrier for a period of up to five years and are non-transferable. However, an authorised carrier, with the consent of the competent authority of the EU country where the point of departure is located, may operate the service through a subcontractor. Authorisations are issued in agreement with the competent authorities of all the EU countries in whose territories passengers are picked up or set down. They must specify the type of service, the route, the stops and timetable, and the period of validity, and entitle their holder to operate regular services in the territories of all EU countries over which the routes of the service pass.

Authorisation, including for renewal and alteration of authorisation, will be granted unless:

the applicant cannot provide the necessary services with equipment directly available to him;
the applicant has not complied with national or international road transport legislation;
the conditions of authorisation have not been complied with in the case of an application for renewal;
an EU country decides that the service concerned would seriously affect the viability of a comparable service covered by one or more public service contracts;
an EU country decides that the principal purpose of the service is not the carriage of passengers between different EU countries.

Except in the case of force majeure, the operator of a regular service must take all measures to guarantee a transport service that fulfils the standards of continuity, regularity and capacity and complies with the conditions laid down by the competent authority.

Cabotage

Cabotage operations are authorised for the following services:

national road passenger services carried out on a temporary basis by a carrier in a host EU country;
the picking up and setting down of passengers within the same EU country in the course of a regular international service provided that cabotage is not the principle purpose of the service.

Controls and penalties

Carriers operating a regular service must issue either individual or collective transport tickets indicating the points of departure and arrival, the period of validity of the ticket, and the fare of transport.

In the event of a serious infringement of EU road transport legislation, the competent authorities of the EU country of establishment of the carrier concerned must take appropriate action, which may include a warning or the imposition of administrative penalties. If a non-resident carrier seriously infringes EU road transport legislation, the EU country in which the infringement is ascertained will send the competent authorities of the carrier’s EU country of establishment a description of the infringement, the category, type and seriousness of the infringement, and the penalties imposed. All serious infringements must be recorded in the national electronic register of road transport undertakings.

Key terms used in the act
Special regular services: regular services, by whomsoever organised, which provide for the carriage of specified categories of passengers to the exclusion of other passengers. Occasional services: services which do not fall within the definition of regular services, including special regular services, and the main characteristic of which is the carriage of groups of passengers constituted on the initiative of the customer or the carrier himself.

Key terms used in the act

Special regular services: regular services, by whomsoever organised, which provide for the carriage of specified categories of passengers to the exclusion of other passengers.
Occasional services: services which do not fall within the definition of regular services, including special regular services, and the main characteristic of which is the carriage of groups of passengers constituted on the initiative of the customer or the carrier himself.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation No 1073/2009	4.12.2009	–	OJ L 300 of 14.11.2009

Economic and monetary policy

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Economic and monetary policy

Outline of the Community (European Union) legislation about Economic and monetary policy

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

Institutional affairs > Building europe through the treaties > The Lisbon Treaty: a comprehensive guide

Economic and monetary policy

The Treaty of Lisbon strengthens the role held by the Commission in the economic policy of the European Union (EU). In particular, the Commission acquires greater powers of supervision in order to ensure that Member States comply with European requirements.

Furthermore, the Treaty of Lisbon improves the economic governance of the EU by strengthening the EU’s monetary policy in particular.

EU economic policy provides that Member States’ economic policies should be geared towards common objectives. It also defines a monetary policy common to all Member States, the principal objective of which is to maintain price stability.

Furthermore, the Member States in the euro area, namely those which have adopted the euro as a single currency, also have a more detailed monetary policy specific to the euro.

ECONOMIC POLICY

EU economic policy is based on two types of commitment on the part of Member States:

the broad guidelines for economic policies (BGEPs): the BGEPs take the form of recommendations adopted by the Council. Their objective is to harmonise the economic policies of the Member States around joint objectives;

the stability and growth pact: the objective of this pact is to control Member States’ public deficits. Member States are required to comply with maximum thresholds concerning public debt and central government deficit.

Compliance with the BGEPs and the public deficit thresholds is the subject of supervision carried out by the Commission and the Council. The Treaty of Lisbon further strengthens the supervisory role of the Commission. The latter is henceforth able to address warnings directly to Member States when it considers that they have not met their commitments. Previously, it could only submit a request to the Council in this respect.

When such a warning is addressed by the Commission, the Council may then adopt a recommendation addressed to the Member State. The Treaty of Lisbon introduces two clarifications in this area:

henceforth the Member State concerned cannot take part in the vote on any recommendation which might be addressed to it;

if the Member State concerned is in the euro area, only Member States in the euro area may take part in the vote on any recommendation.

MONETARY POLICY

The Treaty of Lisbon does not significantly change the monetary policy common to all Member States.

The main innovation concerns the formal recognition of the European Central Bank (ECB) as an EU institution.

Furthermore, the powers of the European Parliament are strengthened with regard to amending the statutes of the ECB. Such amendments henceforth rely on the ordinary legislative procedure.

MONETARY POLICY SPECIFIC TO THOSE MEMBER STATES USING THE EURO AS CURRENCY

The Treaty of Lisbon makes more significant changes with regard to the monetary policy specific to the euro area.

First, the Treaty of Lisbon confirms the exclusive competence of the EU in monetary policy matters for Member States which have adopted the euro (Article 3 of the Treaty on the Functioning of the EU).

The Treaty of Lisbon also confirms for the first time the existence of Eurogroup. Eurogroup’s objective is to increase the growth of the euro area through closer cooperation between Member States.

Furthermore, the Member States in the euro area shall acquire decisional autonomy for certain measures which concern them directly. Thus, Article 136 of the Treaty on the Functioning of the EU specifies that only euro area States may participate in votes on measures with the particular aim of:

coordinating and monitoring the budgetary discipline of Member States using the euro as their currency;

drafting guidelines on economic policies specific to the euro and compatible with the BGEPs.

Lastly, the Treaty of Lisbon offers Member States which have adopted the euro the option of establishing unified representation of the euro area within international financial institutions. In addition, only Member States in the euro area will be able to vote on the positions that the Union adopts in international fora on issues relating to economic and monetary Union.

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

This entry was posted in Building Europe through the Treaties, E, Institutional affairs, The Lisbon Treaty: a Comprehensive Guide and tagged EC, Placeholder on December 5, 2014 by Randall Davenport.

Revisions to the Treaties

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Revisions to the Treaties

Outline of the Community (European Union) legislation about Revisions to the Treaties

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

Institutional affairs > Building europe through the treaties > The Lisbon Treaty: a comprehensive guide

Revisions to the Treaties

The revision of the founding Treaties is essential for the European Union (EU). It allows European legislation and policies to be adapted to new challenges that the EU has to face. Before the entry into force of the Treaty of Lisbon, there was only one procedure for the revision of the Treaties. This procedure required an Intergovernmental Conference (IGC) to be convened on a compulsory basis.

The Treaty of Lisbon relaxes the revision procedure whilst improving its attachment to fundamental social rights. It amends the ordinary revision procedure slightly by increasing the participation of the European Parliament and national Parliaments. Above all, the Treaty of Lisbon creates two types of simplified procedure in order to facilitate the revision of certain provisions of the Treaties.

Increased flexibility when revising the Treaties must, however, be put into perspective with respect to maintaining unanimous agreement as a voting rule. Thus, whichever procedure is undertaken, Member States must adopt the revision of the provisions concerned unanimously.

The revision procedures are described in Article 48 of the Treaty on European Union.

Ordinary revision procedure

The ordinary revision procedure concerns key amendments made to the Treaties, such as increasing or reducing the competences of the EU. In particular, it requires that an IGC be convened to adopt proposals for amendments by consensus. Amendments made to the Treaties shall only enter into force after having been ratified by all Member States.

The Treaty of Lisbon confirms current practice aimed at organising a European Convention prior to the IGC. The Convention has the task of examining proposals for amendments and then issuing a recommendation for the IGC. It is composed of representatives of Heads of State or Government, and representatives of the Commission, but also of national Parliaments and the European Parliament. The Treaty of Lisbon thus aims to make the process of revising the Treaties more democratic. Another major innovation is the acquisition by the European Parliament of the right of initiative. It may now make proposals for amendments on the same basis as Governments of Member States and the Commission.

The European Council may also decide, after obtaining the consent of the European Parliament, not to convene a Convention if amendments are not extensive. In such a case, it establishes a mandate for the IGC directly.

Simplified REVISION procedure

The Treaty of Lisbon creates a simplified procedure for the amendment of policies and internal actions of the EU. The objective is to facilitate the building of Europe in these two areas. Such a procedure allows for the convening of a European Convention and an Intergovernmental Conference to be avoided. However, the competences of the EU may not be extended by means of a simplified revision procedure.

As in the ordinary procedure, the Government of any Member State, the Commission or the European Parliament can submit proposals for amendments to the European Council. The European Council then adopts a Decision laying down the amendments made to the Treaties. The European Council acts by unanimity after consulting the Commission, the European Parliament, and the European Central Bank if the amendment concerns monetary matters. New provisions of the Treaties only enter into force after having been ratified by all Member States pursuant to their respect constitutional requirements.

THE GENERAL ‘PASSERELLE CLAUSE’

The passerelle clause established by the Treaty of Lisbon constitutes a second simplified revision procedure. This clause allows an act to be adopted according to procedures other than those laid down by the founding Treaties, without leading to a formal amendment of the Treaties. The general passerelle clause concerns two cases:

where the Treaties provide that an act is to be adopted by the Council acting unanimously, the European Council may adopt a Decision authorising the Council to act by qualified majority;

where the Treaties provide for acts to be adopted in accordance with a special legislative procedure, the European Council may adopt a decision allowing for the adoption of such acts in accordance with ordinary legislative procedure.

In both cases, the European Council shall act unanimously after obtaining the consent of the European Parliament. Furthermore, each national Parliament has a right to object and may prevent the general passerelle clause from being activated.

The passerelle clause as defined in Article 48 of the Treaty on European Union applies to all European policies with the exception of defence and decisions with military implications. However, the Treaty on European Union and the Treaty on the Functioning of the EU provide for passerelle clauses applicable to certain specific areas (“legislative procedures” file). The added value of these clauses with respect to the general clause relates to certain procedural particularities. In particular, national Parliaments do not generally have a right to object.

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

This entry was posted in Building Europe through the Treaties, Institutional affairs, R, The Lisbon Treaty: a Comprehensive Guide and tagged Placeholder, RE on December 5, 2014 by Alaister Lemacks.

The principle of subsidiarity

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The principle of subsidiarity

Outline of the Community (European Union) legislation about The principle of subsidiarity

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

Institutional affairs > Building europe through the treaties > The Lisbon Treaty: a comprehensive guide

The principle of subsidiarity

The principle of subsidiarity is fundamental to the functioning of the European Union (EU), and more specifically to European decision-making. In particular, the principle determines when the EU is competent to legislate, and contributes to decisions being taken as closely as possible to the citizen.

The principle of subsidiarity is established in Article 5 of the Treaty on European Union. It appears alongside two other principles that are also considered to be essential to European decision-making: the principles of conferral and of proportionality.

The Protocol on the application of the principles of subsidiarity and proportionality also defines the implementation of the principle of subsidiarity. In addition, the Treaty of Lisbon has considerably strengthened the principle of subsidiarity by introducing several control mechanisms in order to monitor its application.

DEFINITION

The principle of subsidiarity aims at determining the level of intervention that is most relevant in the areas of competences shared between the EU and the Member States. This may concern action at European, national or local levels. In all cases, the EU may only intervene if it is able to act more effectively than Member States. The Protocol on the application of the principles of subsidiarity and proportionality lays down three criteria aimed at establishing the desirability of intervention at European level:

Does the action have transnational aspects that cannot be resolved by Member States?

Would national action or an absence of action be contrary to the requirements of the Treaty?

Does action at European level have clear advantages?

The principle of subsidiarity also aims at bringing the EU and its citizens closer by guaranteeing that action is taken at local level where it proves to be necessary. However, the principle of subsidiarity does not mean that action must always be taken at the level that is closest to the citizen.

Complementarity with the principles of conferral and of proportionality

Article 5 of the Treaty on European Union defines the division of competences between the Union and the Member States. It first refers to the principle of conferral according to which the Union has only those competences that are conferred upon it by the Treaties.

Subsidiarity and proportionality are corollary principles of the principle of conferral. They determine to what extent the EU can exercise the competences conferred upon it by the Treaties. By virtue of the principle of proportionality, the means implemented by the EU in order to meet the objectives set by the Treaties cannot go beyond what is necessary.

The Union can therefore only act in a policy area if:

the action forms part of the competences conferred upon the EU by the Treaties (principle of conferral);

in the context of competences shared with Member States, the European level is most relevant in order to meet the objectives set by the Treaties (principle of subsidiarity);

the content and form of the action does not exceed what is necessary to achieve the objectives set by the Treaties (principle of proportionality).

MONITORING THE PRINCIPLE OF SUBSIDIARITY

Mechanisms to monitor the principle of subsidiarity were put in place by the Protocol on the application of the principles of subsidiarity and proportionality. The Treaty of Lisbon reformed the above Protocol in order to improve and reinforce monitoring.

The Protocol, introduced by the Treaty of Amsterdam, provided for compliance with certain obligations during the actual drafting of legislation. Thus, before proposing legislative acts, the Commission must prepare a Green Paper. Green Papers consist of wide-ranging consultations. They enable the Commission to collect opinions from national and local institutions and from civil society on the desirability of a legislative proposal, in particular in respect of the principle of subsidiarity.

The Protocol also adds an obligation for the Commission to accompany draft legislative acts with a statement demonstrating compliance with the principles of subsidiarity and proportionality.

The Treaty of Lisbon innovates by associating national Parliaments closely with the monitoring of the principle of subsidiarity. National Parliaments now exercise twofold monitoring:

they have a right to object when legislation is drafted. They can thus dismiss a legislative proposal before the Commission if they consider that the principle of subsidiarity has not been observed (see file “National Parliaments”);

through their Member State, they may contest a legislative act before the Court of Justice of the EU if they consider that the principle of subsidiarity has not been observed.

The Treaty of Lisbon also associates the Committee of the Regions with the monitoring of the principle of subsidiarity. In the same way as national Parliaments, the Committee may also contest, before the Court of Justice of the EU, a legislative act that does not comply with the principle of subsidiarity.

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

This entry was posted in Building Europe through the Treaties, Institutional affairs, T, The Lisbon Treaty: a Comprehensive Guide and tagged Placeholder, TH on December 5, 2014 by Emma Stahl.

Passerelle clauses, brake clauses and accelerator clauses

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Passerelle clauses, brake clauses and accelerator clauses

Outline of the Community (European Union) legislation about Passerelle clauses, brake clauses and accelerator clauses

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

Institutional affairs > Building europe through the treaties > The Lisbon Treaty: a comprehensive guide

Passerelle clauses, brake clauses and accelerator clauses

The Treaty of Lisbon extends the ordinary legislative procedure and the system of qualified majority voting to a large number of policy areas. The objective is to contribute towards the building of Europe by facilitating decision-making. In the ordinary legislative procedure, Member States do not have a right of veto and there are more ways of reaching an agreement.

However, Member States are little inclined to relinquish part of their power of opposition in certain policy areas. These areas are those which are deemed to be the most ‘sensitive’, in which the importance of national sovereignty is significant. They include foreign policy, immigration and justice. In these areas, the special legislative procedure and the system of voting by unanimity are usually employed.

Furthermore, the Treaty of Lisbon softens this procedural inflexibility by introducing several types of institutional clauses. These clauses propose institutional mechanisms which are different but pursue a common objective: to facilitate the building of Europe in ‘sensitive’ areas if the Member States so wish.

Thus, the Treaty of Lisbon introduces three types of clause:

‘passerelle’ clauses;

‘brake’ clauses;

‘accelerator’ clauses.

PASSERELLE CLAUSES

Passerelle clauses allow derogation from the legislative procedures initially provided for by the Treaties. Specifically, and under certain conditions, they make it possible:

to switch from the special legislative procedure to the ordinary legislative procedure in order to adopt an act in a given policy area;

to switch from voting by unanimity to qualified majority voting in a given policy area.

Activating a passerelle clause still depends on a decision being adopted unanimously by the Council or by the European Council. Thus, in every case, all Member States must be in agreement before such a clause may be activated.

Furthermore, Article 48 of the Treaty on European Union introduces a general passerelle clause applicable to all European policies (see file ‘revisions to the Treaties’. In addition, there are six other passerelle clauses specific to certain European policies, presenting certain procedural particularities (see file ‘legislative procedures’).

BRAKE CLAUSES

The brake clauses concern three areas:

the measures for coordinating social security systems for migrant workers (Article 48 of the Treaty on the Functioning of the EU);

judicial cooperation in criminal matters (Article 82 of the Treaty on the Functioning of the EU);

the establishment of common rules for certain criminal offences (Article 83 of the Treaty on the Functioning of the EU).

The brake clauses have been created in order to enable the ordinary legislative procedure to be applied to these three policy areas. The ordinary legislative procedure is restrained by a braking mechanism: a Member State may submit an appeal to the European Council if it considers that the fundamental principles of its social security system or its criminal justice system are threatened by the draft legislation being adopted. In this case, the procedure is suspended and the European Council may:

either send the draft back to the Council which shall continue with the procedure, taking into account the observations made;

or stop the procedure permanently and request a new proposal from the Commission, if appropriate.

Therefore, the importance of the brake clauses lies not only in the mechanism they propose, but also in the fact that they enable the ordinary legislative procedure to be extended to the policies concerned. The introduction of this mechanism into the decision-making process has convinced the most resistant of Member States to apply the ordinary legislative procedure to certain policies, where they had previously applied the rule of voting by unanimity.

ACCELERATOR CLAUSES

These clauses ‘accelerate’ the building of Europe between certain Member States by facilitating the establishment of enhanced cooperation in certain areas.

Accelerator clauses allow derogation from the engagement procedure for enhanced cooperation. Thus, as a result of these clauses, an enhanced cooperation is considered to be formed once it includes at least nine Member States. The Council, the Parliament and the Commission are therefore simply informed of the participating States’ desire to establish an enhanced cooperation.

These clauses concern four areas:

judicial cooperation in criminal matters (Article 82 of the Treaty on the Functioning of the EU);

the establishment of common rules for certain criminal offences (Article 83 of the Treaty on the Functioning of the EU);

the creation of a European Public Prosecutor’s Office (Article 86 of the Treaty on the Functioning of the EU);

police cooperation (Article 87 of the Treaty on the Functioning of the EU).

It is worth noting that the accelerator clauses concerning cooperation and criminal offences result directly from the activation of the existing brake clauses in these two areas. When the brake clause has been activated and has stopped the legislative procedure, the States wishing to do so may turn to the accelerator clause. They may then continue and conclude the legislative procedure between them, under the framework of enhanced cooperation.

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

This entry was posted in Building Europe through the Treaties, Institutional affairs, P, The Lisbon Treaty: a Comprehensive Guide and tagged PA, Placeholder on December 5, 2014 by Shirley Brandon.

Scientific and technological cooperation with New Zealand

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Scientific and technological cooperation with New Zealand

Outline of the Community (European Union) legislation about Scientific and technological cooperation with New Zealand

Topics

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

Research and innovation > Research and innovation: international dimension and enlargement

Scientific and technological cooperation with New Zealand

Document or Iniciative

Council Decision 2009/502/EC of 19 January 2009 on the conclusion on behalf of the Community of the Agreement on scientific and technological cooperation between the European Union and the Government of New Zealand.

Summary

The European Union (EU) and New Zealand have concluded an Agreement aimed at introducing a Framework Programme to develop their scientific and technological cooperation.

The Agreement has been concluded for a period of five years and shall remain in force unless terminated by either Party.

Implementation of cooperation

The Draft Agreement attached to this Proposal lays down the principles upon which cooperation is to be based:

mutual contributions and benefits;

mutual access for participants to research programmes or projects operated by the other Party;

exchange of information;

promotion of knowledge-based societies for economic and social development;

protection of intellectual property rights.

Direct cooperation aims to define research and development programmes which may be undertaken on a cooperative basis and to extend mutual knowledge of scientific, political, practical and legislative aspects in this field. Cooperation will take the form of meetings and the exchange of information, researchers and technical personnel.

Funding of activities shall be provided through grants and financial contributions which are to be exempt from customs duties where granted by the Parties to participants of the other Party.

Indirect cooperationcovers cooperative activities operated by the Government of New Zealand and the European Union under research programmes or projects funded by the other Party. Both shall ensure that appropriate assistance is provided and shall coordinate the activities. Participation shall take place according to a principle of equal treatment for participants of both Parties.

The Joint Research Centre (JRC) of the European Union shall be both an executive agent for the carrying out of direct activities and a participant in indirect activities.

Intellectual property

Scientific and technological information of a non-proprietary nature arising from cooperative activities shall be in the public domain and may be made available by either Party.

The rights and obligations of participants in indirect activities shall be governed by the relevant international laws, regulations and conventions on intellectual property.

Joint Committee on Scientific and Technological Cooperation

A Joint Committee shall be established to manage cooperation and assess progress. The Committee shall be chaired by and include representatives of both Parties. It is to meet at least every two years.

The Committee’s role is to:

give views on scientific and technological policy issues;

make recommendations on the implementation of the Agreement;

make technical amendments to the Agreement.

It may decide to establish additional direct cooperative activities.

Context

This Agreement was preceded by an Arrangement concluded in 1991 in the area of scientific and technological cooperation.

Key terms of the Act

Participant: any physical person normally residing in New Zealand or in the Community, or any legal person established in New Zealand or in the Community with a legal personality and the capacity to hold rights and obligations of any nature.

References And Procedure

Act Entry into force Transposition Official Journal

Decision 2009/502/EC
30.1.2009

–

OJ L 171 of 1.7.2009

This entry was posted in Research and Innovation, Research and Innovation: International Dimension and Enlargement, S and tagged Placeholder, SC on December 5, 2014 by Matthew Min.

Internal market for energy

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Internal market for energy

Outline of the Community (European Union) legislation about Internal market for energy

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

Energy > Internal energy market

Internal market for energy (until March 2011)

Document or Iniciative

Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC.

Summary

This Directive establishes common rules for the generation, transmission and distribution of electricity. It lays down the rules relating to the organisation and functioning of the electricity sector, access to the market, the criteria and procedures applicable to calls for tenders and the granting of authorisations and the operation of systems.

Public service obligations and customer protection

Electricity undertakings must be operated in accordance with commercial principles, with no discrimination between undertakings as regards either rights or obligations. The objective is to achieve a competitive, secure and environmentally sustainable market in electricity.

Member States must:

impose on undertakings operating in the electricity sector public service obligations which may relate to security, including security of supply, regularity, quality and price of supplies and environmental protection, including energy efficiency and climate protection;

ensure that all household customers and small enterprises, at least, enjoy the right to be supplied with electricity of a specified quality within their territory at reasonable, easily and clearly comparable and transparent prices;

take appropriate measures to protect end-users and vulnerable customers, including measures to help them avoid disconnection;

ensure the implementation of a system of third party access to the transmission and distribution systems for all eligible customers;

inform the Commission upon implementation of this Directive.

Tendering for new capacity

Member States must ensure the possibility of providing for new capacity or energy efficiency/demand-side management measures through a tendering procedure or any procedure equivalent in terms of transparency and non-discrimination, on the basis of published criteria.

Details of the tendering procedure for generating capacity and energy efficiency/demand-side management measures must be published in the Official Journal of the European Union at least six months prior to the closing date for tenders.

Designation of transmission and distribution system operators

Member States must designate, or require the undertakings owning transmission or distribution systems to designate, one or more transmission or distribution system operators for a period to be determined by Member States having regard to considerations of efficiency and economic balance.

Each transmission system operator is responsible for:

ensuring the long-term ability of the system to meet reasonable demands for the transmission of electricity;

contributing to security of supply through adequate transmission capacity and system reliability;

managing energy flows on the system, taking into account exchanges with other interconnected systems;

providing the operator of any other system to which its system is interconnected with sufficient information to ensure secure and efficient operation;

ensuring non-discrimination between system users;

providing system users with the information they need for efficient access to the system.

The tasks of the distribution system operator are:

to maintain a secure, reliable and efficient electricity distribution system in its area with due regard for the environment;

to ensure non-discrimination between system users;

to provide system users with the information they need for efficient access to the system;

to give priority to generating installations using renewable energy sources or waste or producing combined heat and power;

to procure the energy they use to cover energy losses and reserve capacity in their system according to transparent, non-discriminatory and market-based procedures;

to take energy efficiency/demand-side management and/or distributed generation measures that supplant the need to upgrade or replace capacity.

The minimum criteria which must be applied to safeguard the independence of transmission or distribution system operators are that:

they may not participate in the integrated electricity undertaking responsible, directly or indirectly, for the day-to-day operation of the generation, transmission or supply of electricity;

appropriate measures must be taken to ensure that the professional interests of the persons responsible for the management of the distribution system operator are taken into account so that they are capable of acting independently;

they must have effective decision-making rights, independent from the integrated electricity undertaking, with respect to assets necessary to operate the network;

they must establish a compliance programme, which sets out the measures taken to exclude discriminatory conduct, and make sure that it is adequately monitored.

Unbundling of accounts

Electricity undertakings must keep separate internal accounts for each of their transmission and distribution activities, as they would be required to do if the activities in question were carried out by separate undertakings, with a view to avoiding discrimination, cross-subsidisation and distortion of competition.

Reporting

The Commission will monitor and review application of this Directive and submit an overall progress report to the European Parliament and the Council before the end of the first year following the entry into force of the Directive and, thereafter, on an annual basis.

References

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

Directive 2003/54/EC

4.8.2003

1.7.2004

OJ L 176 of 15.7.2003

DEROGATIONS TO THE ACT

Decision 2004/920/EC [Official Journal L 389 of 30.12.2004].

This derogation applies to the refurbishing, upgrading and expansion of existing capacity of the nine isles of the archipelago of the Azores (Portugal).

Directive 2004/85/EC [Official Journal L 270 of 29.9.2006].

This derogation applies to Article 21.1 for Estonia.

Decision 2006/375/EC [Official Journal L 142 of 30.5.2006].

This derogation applies to the refurbishing, upgrading and expansion of existing capacity in the isles of the archipelago of Madeira (Portugal).

Decision 2006/653/EC [Official Journal L 270 of 29.9.2006].

This derogation applies to Article 21.1 for the Republic of Cyprus.

Decision 2006/859/EC [Official Journal L 332 of 30.11.2006].

This derogation applies to Article 20.1 and Article 21.1 for Malta.

Directive 2008/3/EC [Official Journal L 17 of 22.1.2008].

This derogation applies to Article 21.1 for Estonia.

Related Acts

Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (Text with EEA relevance) [Official Journal L 211 of 14.8.2009].

Communication of 11 March 2009 from the Commission to the Council and the European Parliament – Report on progress in creating the internal gas and electricity market [COM(2009) 115 final – Not published in the Official Journal].
The Report examines the progress in transposing the second package of measures relating to the internal energy market. Considerable efforts have been made in order to introduce genuine competition, especially in the context of regional initiatives. In addition, Member States are endeavouring to comply with the Electricity Regulation and the congestion management guidelines.
There is also an increase in volumes being traded on the power exchange spot market and growing activity of traders on power exchanges. However, electricity prices (for household consumers) in the first half of 2008 differed quite considerably, which is a sign of insufficient market integration.
The internal electricity market is still too fragmented. In order to rectify this situation, action should be taken as a priority on market integration and on the development of infrastructures and cross-border trade. Finally, it is strongly recommended that price regulation which obstructs competition and deters other potential suppliers from entering the market should be abandoned.

Commission Decision 2003/796/EC of 11 November 2003 on establishing the European Regulators Group for Electricity and Gas [Official Journal L 296 of 14.11.2003].

This entry was posted in Energy, I, Internal Energy Market and tagged Placeholder on December 5, 2014 by Cleaver Smither.

Satellite navigation: Global Navigation Satellite System

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Satellite navigation: Global Navigation Satellite System

Outline of the Community (European Union) legislation about Satellite navigation: Global Navigation Satellite System

Topics

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

Transport > Intelligent transport and navigation by satellite

Satellite navigation: Global Navigation Satellite System

Document or Iniciative

Council Decision 98/434/EC of 18 June 1998 on the agreement between the European Community, the European Space Agency and the European Organisation for the Safety of Air Navigation concerning a European contribution to the development of a Global Navigation Satellite System (GNSS) [Official Journal L 194 of 10.7.1998].

Summary

The Agreement covered by the present Decision aims to enable Europe to provide a satellite navigation service which satisfies the operating requirements of civil operators independently of other means of radio navigation and positioning.

The Agreement covers the following activities:

development and validation of the operational capability of a European contribution to GNSS-1 (first application of the Global Navigation Satellite System – GNSS);

coordination of the actions of each Party to make GNSS-1 fully operational;

preparatory work for the definition and design of GNSS-2 (worldwide civil satellite navigation system, controlled and managed at international level).

The Parties’ contributions are defined as follows:

the European Space Agency (ESA) will implement the ARTES (Advanced Research in Telecommunications Systems) programme;

Eurocontrol will define civil aviation operator requirements and monitor the adaptation of GNSS-1 to the operating needs of civil aviation;

the European Community will consolidate the requirements of all users.

The Agreement sets up a Joint Tripartite Committee, to meet at least once a year, and whose task is to:

monitor implementation of the Agreement;

formulate guidelines;

coordinate common approaches to realisation of the Agreement.

The Committee is assisted by a Secretariat to provide the technical support for tripartite activities.

The Community is represented by the Commission in this committee.

Information on the GNSS is managed as follows:

each Party must exchange with the others all the necessary information at its disposal;

no institution which is Party to the Agreement may:
– disclose any exchanged information to any person other than those employed by it or officially entitled to handle such information;
– use such information for commercial purposes.

The Agreement describes the property rights of the three organisations.

The three Parties undertake to make the necessary financial arrangements to implement the Agreement.

The contracts required for implementation of the Agreement must be awarded in accordance with the usual procedures.

The Agreement sets up a liability mechanism for activities undertaken as part of its application.

Public relations activities related to subjects covered by the Agreement are to be coordinated between the Parties, the role of each being clearly identified and mentioned.

The Agreement, which can only be amended by unanimous agreement, is open to participation by third parties able to contribute to the fulfilment of its tasks.

Any dispute which may arise between the Parties concerning the Agreement may be:

submitted to the Joint Tripartite Committee for direct negotiations, or

settled by five arbitrators, three being appointed by the Parties and two by the Joint Tripartite Committee.

This entry was posted in Intelligent transport and navigation by satellite, S, Transport and tagged Placeholder, SA on December 5, 2014 by George Doyle.

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