European Parliament decision on an amendment to Rule 3 of its Rules of Procedure and the insertion of a new Annex


Avis juridique important

|

32004D0398

2004/398/EC: Council Decision of 21 April 2004 appointing a Belgian member of the Committee of the Regions

Official Journal L 123 , 27/04/2004 P. 0105 - 0105

Council Decisionof 21 April 2004appointing a Belgian member of the Committee of the Regions(2004/398/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Belgian Government,Whereas:(1) On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions(1).(2) The seat of a member of the Committee of the Regions has become vacant following the expiry of the mandate of Mr Daniel DUCARME, of which the Council was notified on 25 March 2004,HAS DECIDED AS FOLLOWS:Sole ArticleMr Jacques SIMONET, Ministre-Président du Gouvernement de la Région de Bruxelles-Capitale et Ministre des Pouvoirs locaux, de l'Aménagement du Territoire, des Monuments et Sites, de la Rénovation urbaine et de la Recherche scientifique, is hereby appointed a member of the Committee of the Regions in place of Mr Daniel DUCARME for the remainder of his term of office, which ends on 25 January 2006.Done at Luxembourg, 21 April 2004.For the CouncilThe PresidentJ. Walsh(1) OJ L 24, 26.1.2002, p. 38.


title: 2003/890/EC: European Parliament Decision of 6 November 2003 on the discharge to the Director of the Translation Centre for the bodies of the European Union in respect of the implementation of its budget for the financial year 2001

text:
2.4.2004     EN                              Official Journal of the European Union                                    C 83 E/161
                                                                                Thursday 6 November 2003
         23. Reiterates its call on the Commission to submit a proposal for an amendment to the constituent
         acts of the Agencies to ensure that their directors may in future be appointed only with the assent of
         Parliament; awaits proposals from the Commission to this effect, to be submitted by 1 December 2003
         at the latest.
         P5_TA(2003)0479
         2001 discharges: Translation Centre for the bodies of the European Union
                                                                 1.
         European Parliament decision on the discharge to the Director of the Translation Centre for the
         bodies of the European Union in respect of the implementation of its budget for the financial year
                                           2001 (C5-0100/2003  2003/2045(DEC))
         The European Parliament,
             having regard to the Court of Auditors’ report on the financial statements of the Translation Centre
              for the bodies of the European Union for the financial year 2001, together with the Centre’s replies (1)
              (C5-0100/2003),
             having regard to the Council’s recommendation of 7 March 2003 (C5-0101/2003),
             having regard to the EC Treaty, and in particular Article 276 thereof,
             having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial
              Regulation applicable to the general budget of the European Communities (2) and in particular Arti-
              cle 185 thereof,
             having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on
              the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation
              (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the
              European Communities (3) and, in particular, Article 94 of Regulation (EC, Euratom) No 2343/2002,
             having regard to Rule 93a and Annex V of its Rules of Procedure,
             having regard to its decision of 8 April 2003 on the postponement of the decision concerning dis-
              charge and its resolution containing the comments accompanying that decision (4),
             having regard to the report of the Committee on Budgetary Control (A5-0360/2003),
         1.    Gives discharge to the Director of the Translation Centre for the bodies of the European Union in
         respect of the implementation of its budget for the financial year 2001;
         2.    Records its comments in the accompanying resolution;
         3.    Instructs its President to forward this decision and the accompanying resolution to the Director of
         the Translation Centre for the bodies of the European Union, the Council, the Commission and the Court
         of Auditors and to have them published in the Official Journal of the European Union (L series).
         (1)  OJ C 326, 27.12.2002, p. 35.
         (2)  OJ L 248, 16.9.2002.
         (3)  OJ L 357, 31.12.2002, p. 72.
         (4)  OJ L 148, 16.6.2003, pp. 16 and 18.


title: 2014/533/EU: Decision of the European Central Bank of 13 August 2014 on the identification of TARGET2 as a systemically important payment system pursuant to Regulation (EU) No 795/2014 on oversight requirements for systemically important payment systems (ECB/2014/35)

text:
               20.8.2014

               EN

               Official Journal of the European Union

               L 245/5

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 13 August 2014
   on the identification of TARGET2 as a systemically important payment system pursuant to Regulation (EU) No 795/2014 on oversight requirements for systemically important payment systems

      (ECB/2014/35)

      (2014/533/EU)

   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 3.1, Article 22 and the first indent of Article 34.1 thereof,
   Having regard to Regulation (EU) No 795/2014 of the European Central Bank of 3 July 2014 on oversight requirements for systemically important payment systems (ECB/2014/28) (1), and in particular Article 1(2) and (3) thereof,
   Whereas:

               (1)

               The fourth indent of Article 127(2) of the Treaty and the fourth indent of Article 3.1 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’) empower the Eurosystem to promote the smooth operation of payment systems.

               (2)

               The Eurosystem promotes the smooth operation of payment systems, inter alia, by conducting oversight.

               (3)

               The European Central Bank (ECB) has implemented the principles for financial market infrastructures issued by the Committee on Payment and Settlement Systems (CPSS) of the Bank for International Settlements (BIS) and the Technical Committee of the International Organization of Securities Commissions (IOSCO) (hereinafter the ‘CPSS-IOSCO principles’), which harmonise and strengthen existing international oversight standards for, inter alia, systemically important payment systems (SIPS), by means of Regulation (EU) No 795/2014 (ECB/2014/28).

               (4)

               In order to carry out the identification exercise pursuant to Article 1(2) of Regulation (EU) No 795/2014 (ECB/2014/28) for TARGET2, the Governing Council is verifying that the criterion mentioned in point (a) of Article 1(3) of Regulation (EU) No 795/2014 (ECB/2014/28) is fulfilled, and two out of four of the criteria mentioned in point (b) of Article 1(3) of Regulation (EU) No 795/2014 (ECB/2014/28) are fulfilled, as described in the Annex to this Decision. For the verification exercise on which this Decision is based, public data for the calendar year 2012 has been used, combined with responses to ECB surveys.

               (5)

               Under Guideline ECB/2012/27 (2) TARGET2 has a decentralised structure linking together a multiplicity of payment systems. The TARGET2 component systems are harmonised to the greatest extent possible, with certain exceptions in the event of national law constraints. TARGET2 is also characterised by a single technical platform called the Single Shared Platform. The Governing Council has final competence in relation to TARGET2 and safeguards its public function: this governance arrangement is reflected in the oversight of TARGET2 component systems,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   Terms used in this Decision have the same meaning as those in Regulation (EU) No 795/2014 (ECB/2014/28).
   Article 2
   Identification of SIPS and SIPS operator
   1.   TARGET2 component systems fulfilling the criterion of Article 1(3)(a) of Regulation (EU) No 795/2014 (ECB/2014/28) shall collectively be identified as a systemically important payment system for the purposes of Regulation (EU) No 795/2014 (ECB/2014/28).
   2.   Operators of the TARGET2 component systems referred to in paragraph 1 shall ensure compliance with the requirements set out in Articles 3 to 21 of Regulation (EU) No 795/2014 (ECB/2014/28).
   Article 3
   Competent authority
   The ECB shall be the competent authority for the oversight of TARGET2.
   Article 4
   Entry into force
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 13 August 2014.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 217, 23.7.2014, p. 16.

      (2)  Guideline ECB/2012/27 of 5 December 2012 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (OJ L 30, 30.1.2013, p. 1).

      ANNEX
      Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2), operated by the Eurosystem measured against the criteria set out in Article 1(3) of Regulation (EU) No 795/2014 (ECB/2014/28).

                  Criterion

                  TARGET2

                              (a)

                              eligible to be notified as a system pursuant to Directive 98/26/EC of the European Parliament and of the Council (1) by a Member State whose currency is the euro or operator is established in the euro area

                  TARGET2 components notified as systems pursuant to Directive 98/26/EC by a Member State whose currency is the euro:

                              —

                              TARGET2-OeNB

                              —

                              TARGET2-BE

                              —

                              TARGET2-CY

                              —

                              TARGET2-Eesti

                              —

                              TARGET2-Suomen Pankki-järjestelmä

                              —

                              TARGET2-Banque de France

                              —

                              TARGET2-BBk

                              —

                              TARGET2-ECB

                              —

                              TARGET2-GR

                              —

                              TARGET2-Ireland

                              —

                              TARGET2-Banca d'Italia

                              —

                              TARGET2-Latvija

                              —

                              TARGET2-LU

                              —

                              TARGET2 Malta

                              —

                              TARGET2-NL

                              —

                              TARGET2-PT

                              —

                              TARGET2-Banco de España (TARGET2-BE)

                              —

                              TARGET2-SK

                              —

                              TARGET2-Slovenija

                     Criterion fulfilled

                              (b)(i)

                              total daily average value of euro-denominated payments processed exceeding EUR 10 billion

                  Total daily average value of euro-denominated payments processed: EUR 2,777 trillion

                     Criterion fulfilled

                              (b)(ii)

                              market share at least one of the following:

                                          —

                                          15 % of total volume of euro-denominated payments; or

                                          —

                                          5 % of total volume of euro-denominated cross-border payments; or

                                          —

                                          75 % of total volume of euro-denominated payments at the level of a Member State whose currency is the euro

                              (b)(iii)

                              cross-border activity (i.e. participants established in a country other than that of the SIPS operator and/or cross border links with other payment systems) involving five or more countries and generating a minimum of 33 % of the total volume of euro-denominated payments processed

                              (b)(iv)

                              used for the settlement of other FMIs

                  TARGET2 component systems are used for the settlement of FMIs

                     Criterion fulfilled

         (1)  Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166, 11.6.1998, p. 45).


title: Commission Decision of 22 December 2009 as regards a Union financial contribution for the year 2010 to the Community reference laboratory for transmissible spongiform encephalopathies (notified under document C(2009) 10291)

text:
               23.12.2009

               EN

               Official Journal of the European Union

               L 344/44

      COMMISSION DECISION

   of 22 December 2009
   as regards a Union financial contribution for the year 2010 to the Community reference laboratory for transmissible spongiform encephalopathies
   (notified under document C(2009) 10291)
   (Only the English text is authentic)
   (2009/1000/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 32(7) thereof,
   Whereas:

               (1)

               Any liaison or reference laboratory designated as such in accordance with Union veterinary legislation and fulfilling the duties and requirements laid down therein, may receive Union aid in accordance with Article 31 of Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (2).

               (2)

               Commission Regulation (EC) No 1754/2006 of 28 November 2006 laying down detailed rules for the granting of Community financial assistance to Community reference laboratories for feed and food and the animal health sector (3) provides that the financial contribution from the Union is to be granted if the approved work programmes are efficiently carried out and that the beneficiaries supply all the necessary information within certain time limits.

               (3)

               In accordance with Article 2 of Regulation (EC) No 1754/2006 the relationship between the Commission and each Community reference laboratories is laid down in a partnership agreement which is supported by a multi-annual work programme.

               (4)

               Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (4), designates the Veterinary Laboratories Agency, Addlestone, United Kingdom as the Community Reference Laboratory for transmissible spongiform encephalopathies (TSEs). Its functions include collecting and collating data on the results of tests carried out in the Union and keeping abreast of trends in surveillance, epidemiology and prevention of TSEs throughout the world.

               (5)

               The Commission has assessed the work programme and corresponding budget estimates submitted by the Community reference laboratory for TSEs for the year 2010. Accordingly, a Union financial contribution should be granted to this Community reference laboratory in order to co-finance its activities to carry out the functions and duties provided for in Regulation (EC) No 882/2004 and in Regulation (EC) No 999/2001. The Union’s financial contribution should be at the rate of 100 % of eligible costs as defined in Regulation (EC) No 1754/2006.

               (6)

               Regulation (EC) No 1754/2006 lays down eligibility rules for the workshops organised by the Community reference laboratories. It also limits the financial assistance to a maximum of 32 participants in workshops. Derogations to that limitation should be provided in accordance with Article 13(3) of Regulation (EC) No 1754/2006 to some Community reference laboratory that needs support for attendance by more than 32 participants in order to achieve the best outcome of its workshops.

               (7)

               In accordance with Article 3(2)(a) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the Common Agricultural Policy (5), animal disease eradication and control programmes (veterinary measures) shall be financed from the European Agricultural Guarantee Fund (EAGF). Furthermore, Article 13, second paragraph of that regulation foresees that in duly justified exceptional cases, for measures and programmes covered by Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (6), expenditure relating to administrative and personnel costs incurred by Member States and beneficiaries of aid from the EAGF shall be borne by the Fund. For financial control purposes, Articles 9, 36 and 37 of Regulation (EC) No 1290/2005 are to apply.

               (8)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee of the Food Chain and Animal Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The Union grants financial aid to the Veterinary Laboratories Agency, Addlestone, United Kingdom, to carry out the functions and duties provided in Chapter B of Annex X to Regulation (EC) No 999/2001.
   For the period from 1 January 2010 to 31 December 2010, that financial aid shall not exceed EUR 1 129 000.
   Within the maximum referred to in the second subparagraph and without prejudice to the time limits laid down in Article 10 of Regulation (EC) No 1754/2006, an amount of EUR 600 000 shall be reserved for the design and the implementation of a protocol aiming to collect data to progress knowledge about genetic resistance to scrapie in goats in Cyprus.
   2.   In addition to the maximum amount provided for in paragraph 1, the Union grants financial aid to the laboratory referred to in paragraph 1 for the organisation of workshops. That aid shall not exceed EUR 60 000.
   3.   By way of derogation from Article 13(1) of Regulation (EC) No 1754/2006, the laboratory referred to in paragraph 1 shall be entitled to claim financial assistance for attendance by a maximum of 50 participants at one of its workshops referred to in paragraph 2 of this Article.
   Article 2
   This Decision is addressed to the Veterinary Laboratories Agency, Woodham Lane, New Haw, Addlestone, Surrey KT15 3NB, United Kingdom.

      Done at Brussels, 22 December 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 165, 30.4.2004, p. 1.

      (2)  OJ L 155, 18.6.2009, p. 30.

      (3)  OJ L 331, 29.11.2006, p. 8.

      (4)  OJ L 147, 31.5.2001, p. 1.

      (5)  OJ L 209, 11.8.2005, p. 1.

      (6)  OJ L 224, 18.8.1990, p. 19.


Avis juridique important

|

31979D0720

79/720/Euratom: Council Decision of 3 August 1979 approving amendments to the Statutes of the 'Joint European Torus (JET), Joint Undertaking'

Official Journal L 213 , 21/08/1979 P. 0009 - 0011 Greek special edition: Chapter 12 Volume 2 P. 0024  Spanish special edition: Chapter 12 Volume 3 P. 0172  Portuguese special edition Chapter 12 Volume 3 P. 0172

****( 1 ) OJ NO L 151 , 7 . 6 . 1978 , P . 10 .  ( 2 ) OJ NO L 242 , 4 . 9 . 1978 , P . 1 .       COUNCIL DECISION   OF 3 AUGUST 1979   APPROVING AMENDMENTS TO THE STATUTES OF THE ' JOINT EUROPEAN TORUS ( JET ), JOINT UNDERTAKING '  ( 79/720/EURATOM )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLE 50 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   WHEREAS FOR THE PURPOSES OF IMPLEMENTING THE JET PROJECT THE COUNCIL , BY DECISION 78/471/EURATOM ( 1 ), ESTABLISHED THE  ' JOINT EUROPEAN TORUS ( JET ), JOINT UNDERTAKING '  AND ADOPTED THE STATUTES THEREOF ;   WHEREAS ON 14 SEPTEMBER 1978 THE EUROPEAN ATOMIC ENERGY COMMUNITY AND THE SWISS CONFEDERATION CONCLUDED THE COOPERATION AGREEMENT IN THE FIELD OF CONTROLLED THERMONUCLEAR FUSION AND PLASMA PHYSICS ( 2 ) PROVIDING FOR THE PARTICIPATION OF SWITZERLAND IN THE JET PROJECT AND ITS ACCESSION TO THE JET JOINT UNDERTAKING ;   WHEREAS THE JET COUNCIL HAS APPROVED THE ACCESSION OF SWITZERLAND TO THE ' JOINT EUROPEAN TORUS ( JET ), JOINT UNDERTAKING '  AND THE AMENDMENTS TO THE STATUTES REQUIRED FOR THIS ACCESSION ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE AMENDMENTS TO THE STATUTES OF THE ' JOINT EUROPEAN TORUS  ( JET ), JOINT UNDERTAKING ' , ANNEXED TO THIS DECISION , ARE HEREBY APPROVED .   ARTICLE 2   THIS DECISION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   DONE AT BRUSSELS , 3 AUGUST 1979 .   FOR THE COUNCIL   THE PRESIDENT   M . O ' KENNEDY ****    ANNEX   THE STATUTES OF THE ' JOINT EUROPEAN TORUS ( JET ), JOINT UNDERTAKING '  SHALL BE AMENDED AS FOLLOWS :   1 . THE FOLLOWING PARAGRAPH IS INSERTED IN ARTICLE 1.3 AFTER  ' THE NATIONAL SWEDISH BOARD FOR ENERGY SOURCE DEVELOPMENT  ( HEREINAFTER REFERRED TO AS  " THE BOARD " ) ' :   ' THE SWISS CONFEDERATION ( HEREINAFTER REFERRED TO AS  " SWITZERLAND " ), ' .   2 . ARTICLES 4.1.1 AND 4.1.2 ARE REPLACED BY THE FOLLOWING :   ' 4.1.1 . THE MEMBERS OF THE JOINT UNDERTAKING SHALL BE REPRESENTED IN THE JET COUNCIL AS FOLLOWS , THE VOTE OF EACH PAIR OF REPRESENTATIVES BEING WEIGHTED AS INDICATED :   //  REPRESENTING //  NUMBER OF REPRESENTATIVES //  WEIGHTING OF VOTE // EURATOM //  2 //  5 // BELGIUM //  2 //  2 // CNEN AND CNR JOINTLY //  2 //  5 // CEA //  2 //  5 // RISOE //  2 //  2 // IRELAND //  2 //  1 // LUXEMBOURG //  2 //  1 // IPP AND KFA JOINTLY //  2 //  5 // BOARD //  2 //  2 // SWITZERLAND //  2 //  2 // FOM //  2 //  2 // AUTHORITY //  2 //  5 //    4.1.2 . FOR THEIR ADOPTION , ACTS OF THE JET COUNCIL SHALL REQUIRE AT LEAST 26 VOTES IN FAVOUR . '   3 . THE FIRST SENTENCE OF ARTICLE 16.1.4.1 IS REPLACED BY THE FOLLOWING :   ' THE COMMISSION WILL , IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 13 OF THE EURATOM TREATY AND SUBJECT TO THE CONDITIONS CONTAINED THEREIN , COMMUNICATE THE REPORTS REFERRED TO IN POINT 16.1.3 TO THE MEMBER STATES , TO PERSONS AND UNDERTAKINGS ( AS DEFINED IN ARTICLE 196 OF THAT TREATY ), TO THE GOVERNMENTS OF SWEDEN AND SWITZERLAND AS WELL AS TO PERSONS AND UNDERTAKINGS ESTABLISHED ON THEIR TERRITORIES . '   4 . THE FIRST SENTENCE OF ARTICLE 16.2.3 IS REPLACED BY THE FOLLOWING :   ' UNDER THE PATENT APPLICATIONS AND PATENTS REFERRED TO IN POINT 16.2.1 , THE COMMISSION MAY , IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 12 OF THE EURATOM TREATY AND SUBJECT TO THE CONDITIONS CONTAINED THEREIN , GRANT ON REQUEST NON-EXCLUSIVE LICENCES TO THE MEMBER STATES OF EURATOM , TO PERSONS AND UNDERTAKINGS ( AS DEFINED IN ARTICLE 196 OF THAT TREATY ), TO THE GOVERNMENTS OF SWEDEN AND SWITZERLAND AS WELL AS TO PERSONS AND UNDERTAKINGS ESTABLISHED ON THEIR TERRITORIES . '


Avis juridique important

|

31979D0881

79/881/EEC: Council Decision of 23 October 1979 appointing an alternate member of the Advisory Committee on Training in Nursing

Official Journal L 270 , 27/10/1979 P. 0072 - 0072

****( 1 ) OJ NO L 176 , 15 . 7 . 1977 , P . 11 .  ( 2 ) OJ NO L 18 , 25 . 1 . 1979 , P . 25 .    COUNCIL DECISION   OF 23 OCTOBER 1979   APPOINTING AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON TRAINING IN NURSING  ( 79/881/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO COUNCIL DECISION 77/454/EEC OF 27 JUNE 1977 SETTING UP AN ADVISORY COMMITTEE ON TRAINING IN NURSING  ( 1 ), AND IN PARTICULAR ARTICLES 3 AND 4 THEREOF ,   WHEREAS BY ITS DECISION 79/85/EEC ( 2 ) THE COUNCIL APPOINTED MR J . FEMMER AS AN ALTERNATE MEMBER FOR THE PERIOD ENDING ON 14 JANUARY 1982 ;   WHEREAS ON 2 OCTOBER 1979 THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY NOMINATED MR W . ERDMANN AS A REPLACEMENT FOR MR J . FEMMER ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR WERNER ERDMANN IS HEREBY APPOINTED AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON TRAINING IN NURSING IN PLACE OF MR J . FEMMER FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 14 JANUARY 1982 .   DONE AT LUXEMBOURG , 23 OCTOBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   M . O ' KENNEDY


Avis juridique important

|

31999D0283

Decision No 283/1999/EC of the European Parliament and of the Council of 25 January 1999 establishing a general framework for Community activities in favour of consumers

Official Journal L 034 , 09/02/1999 P. 0001 - 0007

DECISION No 283/1999/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 January 1999 establishing a general framework for Community activities in favour of consumers THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 129a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),(1) Whereas Community action contributes to achieving a high level of consumer protection and thus also contributes to promoting economic and social cohesion in the Community and to strengthening consumer confidence, which is essential for the smooth functioning of the internal market;(2) Whereas these objectives cannot be achieved effectively without the cooperation and participation of all the institutions and parties concerned;(3) Whereas the Community is committed in particular to giving new impetus to its action in favour of consumers and their health in order to enable them to become a driving and innovatory force;(4) Whereas the statement of the European Council meeting in Luxembourg on 12 and 13 December 1997 on food safety recognises that everything must be done to restore public confidence, severely shaken by the BSE crisis; whereas activities to be undertaken within a general framework are essential for achieving this aim;(5) Whereas the Community needs to plan the actions required by grouping them together in a general framework that identifies the activities and areas of activity which must be tackled as a matter of priority in order to achieve maximum effectiveness throughout the period covered;(6) Whereas this general framework aims in particular to bring together the initiatives carried out for the benefit of consumers in order to optimise their effects for consumers;(7) Whereas this general framework must provide both for initiatives taken by the Community, in compliance with the principle of subsidiarity, and for actions to support organisations and bodies which work to defend consumer interests at Community or national level;(8) Whereas the initiatives undertaken by the Community and the actions to support other private or public initiatives complement one another and should form part of an integrated approach; whereas it is necessary to strengthen the bodies and organisations that are active in the area of consumer protection so that they can be a more effective driving force for making consumers aware of the priorities set by the Community;(9) Whereas the other policies of the Community are also responsible and accountable for the integration of consumer interests and should also contribute in financial terms to the implementation of policy in the field of consumer protection;(10) Whereas the implementation of this general framework should make it possible to take better account of the interests of consumers in the other relevant policies of the Community, and should ensure the development of consumer participation in the standardisation process;(11) Whereas a harmonised approach to matters related to the protection of consumers and their health is indispensable and whereas this general framework is to provide the necessary financial support to ensure the provision of high-quality independent scientific advice, globally recognised risk-assessment methods and effective control and inspection methods; whereas the Community also has at its disposal the expertise of the Joint Research Centre;(12) Whereas this general framework is open to the participation of the associated countries of central and eastern Europe in accordance with the relevant European Agreements or their Additional Protocols, and also to Cyprus in accordance with procedures to be agreed, as well as to the EFTA/EEA countries on the basis of additional appropriations in accordance with the rules set out in the Agreement on the European Economic Area;(13) Whereas action under this general framework should also contribute to promoting the interests of consumers at international level;(14) Whereas it is necessary to evaluate past achievements and draw up a policy priority programme to implement this general framework in order to help achieve maximum effectiveness throughout the period covered; whereas an action plan should be included;(15) Whereas it is necessary to ensure that the interests of consumers are represented at Community level and to provide significant support to European organisations and bodies which represent the interests of consumers effectively and actively;(16) Whereas it is necessary, at the same time, to support organisations and bodies which are active at national or regional level by encouraging them to take part in concerted action in the areas recognised as priorities;(17) Whereas it is therefore necessary to set out the arrangements for the financial support provided by the Community to the organisations and bodies that are representative of consumer interests, out of a constant concern for maximum transparency and for effectiveness in the use of the funds allocated by the Community;(18) Whereas a modus vivendi was concluded on 20 December 1994 between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the Treaty (4);(19) Whereas it is necessary to lay down selection criteria for the provision of financial support;(20) Whereas it is necessary to establish effective methods for evaluation and monitoring and to make provision for informing the target groups concerned in an appropriate way;(21) Whereas the implementation of the activities provided for under this general framework must be evaluated in the light of the experience gained in the first three years;(22) Whereas this Decision lays down, for the whole of the planned duration, a financial framework constituting the principal point of reference, within the meaning of point 1 of the Declaration by the European Parliament, the Council and the Commission of 6 March 1995 (5), for the budgetary authority in the annual budgetary procedure,HAVE DECIDED AS FOLLOWS:CHAPTER I General objectives and approach Article 1 1. This Decision establishes, at Community level, a general framework for activities for promoting the interests of consumers and providing them with a high level of protection.2. This general framework of activities consists of actions designed to help protect the health, safety and economic interests of consumers and to promote their right to information and education and their right to join forces in order to protect their interests.3. This general framework of activities is hereby adopted for the period from 1 January 1999 to 31 December 2003.4. The financial framework for the implementation of this general framework for the period 1999-2003 is hereby set at EUR 112,5 million (6).5. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.Article 2 The activities to support and supplement the policy conducted by the Member States shall consist of:(a) actions taken by the Commission;(b) actions providing financial support for the activities of European consumer organisations, under the conditions set out in Article 5;(c) actions providing financial support for specific projects to promote the interests of consumers in the Member States presented under the conditions set out in Article 6, in particular by consumer organisations and appropriate independent public bodies.Article 3 The Commission shall ensure that there is consistency and complementarity between the Community activities and projects under this general framework and the other Community programmes and initiatives, such as the triennial action programmes, and shall in accordance with its action plan 1999-2001 lay down the priorities to be applied in the activities listed in the Annex.Article 4 The actions referred to in Article 2 shall concern the following specific areas in particular:(a) the health and safety of consumers as regards products and services;(b) protecting the economic and legal interests of consumers, including access to dispute resolution, as regards products and services, taking into account horizontal aspects;(c) educating and informing consumers about their protection and rights;(d) promotion and representation of the interests of consumers.The Annex sets out a list of the activities by area.CHAPTER II Implementing arrangements Article 5 1. The financial support referred to in Article 2(b) may be granted to European consumer organisations which:- are non-governmental, non-profit-making organisations whose main objectives are to promote and protect the interests and health of consumers, and- have been mandated to represent the interests of consumers at European level by national organisations of at least half the Member States of the Community that are representative, in accordance with national rules or practice, of consumers and are active at national or regional level.2. The financial support referred to in Article 2(b) may be granted to support the activities of European consumer organisations that are planned in the annual programme of their activities, where these activities relate to one or more of the areas mentioned in Article 4.3. The conditions for granting financial support are set out in Articles 7, 8 and 10.In addition, the financial support may not, in principle, exceed 50 % of the expenditure involved in carrying out eligible activities. Administrative costs related to eligible activities shall be taken into account in so far as they are in conformity with Article 6(3).Article 6 1. The financial support referred to in Article 2(c) may be granted to any natural or legal person or association of natural persons that acts independently of industry and commerce and is actually responsible for the implementation of the projects, where the main objectives of these projects are to promote and protect the interests and health of consumers.2. The financial support referred to in Article 2(c) shall be granted on the basis of the description of the project, where it relates to one or more of the areas mentioned in Article 4.Unpaid work or donations in kind, if properly documented, may be taken into account, up to a level of 20 % of total eligible costs, when assessing the organisations' revenue and costs.3. The conditions for granting financial support are set out in Articles 7, 8 and 10.In addition, the financial support may not, in principle, exceed 50 % of the expenditure involved in implementing the project(s), excluding all operating expenses, except where these are directly related to the proposed project.Article 7 The financial support referred to in Article 2(b) and (c) shall be granted to actions selected in particular on the basis of the following criteria, where appropriate, taking into account the variety of consumer organisations in Member States in order to ensure an adequate balance of consumer interests in the Community:- a satisfactory level of cost-effectiveness,- an added value ensuring a high and uniform level of the representation of the interests of consumers,- a lasting multiplier effect at national or European level,- effective and balanced cooperation between the various parties for planning and carrying out activities and for financial participation,- the development of lasting transnational cooperation, especially through the exchange of experience to raise the awareness of consumers and economic operators and by joint utilisation of their results,- the widest possible dissemination of the results of the activities and projects supported,- the ability to analyse the situations to be covered, the means earmarked for evaluating the activities and projects and their suitability for best practice.CHAPTER III Procedures, evaluation and monitoring Article 8 1. Each year the Commission shall, for the actions referred to in Article 2(b) and (c), at a date, if possible before 30 September, of which it will inform all interested parties and Member States in an appropriate way, publish a notice in the Official Journal of the European Communities describing the areas for funding and setting out the selection and award criteria and the procedures for application and approval.2. Having assessed the proposals, the Commission shall, within five months of the publication referred to in paragraph 1, select such activities and projects referred to in Chapter II as are to receive financial support. The Commission decision shall lead to the conclusion of a contract with the recipients responsible for implementation concerning the rights and obligations of the parties.3. Community support shall relate to actions to be carried out in the year of the financial contribution or in the following year.4. A list of the recipients and of the actions funded under this framework shall be published each year in the Official Journal of the European Communities with an indication of the amount of the support.Article 9 1. In defining the criteria for the selection of activities and projects referred to in Article 2(b) and (c) and in selecting these activities and projects, the Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.3. In addition, at the beginning of each year, the Commission shall provide the Committee with information about the activities financed under Article 2(a).Article 10 1. The Commission shall ensure the monitoring and supervision of effective implementation of the activities financed by the Community. This shall be done on the basis of reports using procedures agreed between the Commission and the recipient; it shall include checks in situ by means of sampling.2. Recipients shall submit a report to the Commission for each action within three months of its completion. The Commission shall determine the form and content of this report.3. Recipients of financial support shall keep at the Commission's disposal all the documentary evidence of expenditure for a period of five years from the last payment concerning an action.Article 11 The Commission shall ensure that the actions funded by the Community are evaluated regularly. These evaluations may be carried out by the Commission and/or by independent experts engaged for this purpose.Article 12 1. The Commission may reduce, suspend or recover financial support granted for an activity if it detects irregularities or learns that the activity has, without its approval, been significantly modified so that it is incompatible with the objectives of the agreed implementing arrangements.2. If the deadlines are not met or if the state of progress of an activity warrants only partial use of the appropriations granted, the Commission shall ask the recipient concerned to provide an explanation within a given period of time. If the recipient's reply is not satisfactory, the Commission may cancel the balance of the financial support and demand that the sums already paid be refunded immediately.3. All undue payments shall be refunded to the Commission. Any sums not refunded in good time may be increased by default interest. The Commission shall determine the arrangements for the application of this paragraph.Article 13 1. Each year, the Commission shall submit a report to the European Parliament and to the Council on the implementation of this general framework.This report shall include the results of the evaluation of the actions, activities and projects carried out under this framework as well as, where appropriate, under other budgetary frameworks.2. By 30 June 2002 at the latest, the Commission shall submit an evaluation report to the European Parliament and to the Council on the first three years of implementation of activities under this general framework.Article 14 This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 25 January 1999.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentJ. FISCHER(1) OJ C 108, 7. 4. 1998, p. 43 and OJ C 390, 15. 12. 1998, p. 22.(2) OJ C 235, 27. 7. 1998, p. 72.(3) Opinion of the European Parliament of 8 October 1998 (OJ C 328, 26. 10. 1998, p. 166), Council common position of 20 November 1998 (OJ C 404, 23. 12. 1998, p. 8) and Decision of the European Parliament of 15 December 1998 (not yet published in the Official Journal). Council Decision of 21 December 1998.(4) OJ C 102, 4. 4. 1996, p. 1.(5) OJ C 102, 4. 4. 1996, p. 4.(6) NB: This amount does not include the appropriations earmarked for funding EHLASS, i.e. EUR 7,5 million altogether.ANNEX LIST OF ACTIVITIES BY AREA 1. Consumer health and safety - Actions undertaken for the preparation and drawing up of opinions of the scientific committees,- expertise and inspections relating to controls in the food, veterinary and phytosanitary sectors,- technical expertise to assess, adopting a preventive approach, risks relating to products, in particular for foodstuffs,- making best use of scientific and technical elements relating to consumer protection actions, in particular through the use of expertise of the Joint Research Centre,- actions relating to consumer products and services causing danger to consumers,- dissemination of information about dangerous products and services as well as about potential risks.2. Protecting the economic and legal interests of consumers, including access to dispute resolution, as regards products and services, taking into account horizontal aspects - Actions to improve cooperation between the bodies participating in market surveillance,- actions to ensure the respect of consumer rights in the supply of products and services, including mechanisms for improving the settlement of consumer disputes, in particular through pilot projects and setting up databases,- actions to ensure a level playing field in consumer transactions, taking into account the impact of new technologies, the development of financial services and the impact of the euro on the consumer,- actions to monitor environmental claims on product labels, on packaging and, in general, in advertising and through other types of marketing,- improving common extra-judicial procedures,- development of, and support for, actions aimed at facilitating access to justice,- actions to assess the specific risks and potential benefits for consumers in the information society including pilot projects to establish cross-border dispute resolution systems applicable to electronic commerce and on-line contracts,- actions to promote data protection and the protection of privacy including the protection of minors.3. Educating and informing consumers - Improving information to consumers about their rights and how to enforce them and raising awareness of manufacturers and consumers about safety aspects of products and services,- raising awareness of consumers for the need for sustainable production and consumption patterns,- improving information to consumers about features of specific products and services in particular through comparative testing,- developing the education and training of consumers, particularly in schools,- development of, and support for, European centres providing information and advice to cross-border consumers in the Community.4. Promotion and representation of the interests of consumers - Strengthening the representation of the interests of consumers at the Community and international level,- supporting consumer organisations in the Member States, in particular where their means are limited,- promotion and coordination of consumer participation at the European level in standardisation,- pilot projects promoting sustainable consumption models, in particular those that are environmentally friendly.