Avis juridique important

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32003D0009

2003/9/EC: Council Decision of 10 December 2002 on the fulfilment of the conditions laid down in the Additional Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, with regard to an extension of the period laid down in Article 8(4) of Protocol 2 to the Europe Agreement

Official Journal L 007 , 11/01/2003 P. 0074 - 0075

Council Decisionof 10 December 2002on the fulfilment of the conditions laid down in the Additional Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, with regard to an extension of the period laid down in Article 8(4) of Protocol 2 to the Europe Agreement(2003/9/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 87(3)(e) thereof,Having regard to the Council decision of 29 July 2002 on the signature and provisional application of an Additional Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, with regard to an extension of the period laid down in Article 8(4) of Protocol 2 to the Europe Agreement,Having regard to the Additional Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, with regard to an extension of the period laid down in Article 8(4) of Protocol 2 to the Europe Agreement, and in particular Article 3 thereof,Having regard to the proposal of the Commission,Whereas:(1) The Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part(1), was signed on 4 October 1993.(2) Article 8(4) of Protocol 2 of the Europe Agreement lays down that during the first five years after the entry into force of the Agreement, and by way of derogation from paragraph 1(iii) of that Article, the Czech Republic may exceptionally, as regards steel products, grant public aid for restructuring purposes, provided that this leads to the viability of the benefiting firms under normal market conditions at the end of the restructuring period; that the amount and intensity of such aid are strictly limited to what is absolutely necessary in order to restore viability and are progressively reduced; and that the restructuring programme is linked to a global rationalisation and reduction of capacity in the Czech Republic.(3) The initial period of five years expired on 31 December 1996.(4) The Czech Republic requested an extension of the abovementioned period in February 1998.(5) It is appropriate to grant an extension of this period for an additional period of eight years starting on 1 January 1997 or until the date of the Czech Republic's accession to the European Union, whichever comes first.(6) To this effect, an Additional Protocol to the Europe Agreement was signed by the Community and the Czech Republic on 9 October 2002 and is provisionally applied from that date.(7) Article 1 of the Additional Protocol grants an extension of the abovenamed period, subject to the fulfilment of conditions laid out in Articles 2 and 3 of the Additional Protocol.(8) Under Article 2 of the Additional Protocol, the extension of the abovementioned period is made conditional on the submission by the Czech Republic to the Commission of a restructuring programme and business plans which meet the requirements of Article 8(4) of Protocol 2 of the Europe Agreement and have been assessed and agreed by its national State aid monitoring authority (the Office for the Protection of Economic Competition).(9) In June, July and September 2002, the Czech Republic submitted to the Commission a restructuring programme and business plans which have been assessed and agreed by the Office for the Protection of Economic Competition.(10) Under Article 3 of the Additional Protocol, the extension of the abovementioned period is made conditional on a final assessment of the restructuring programme and plans by the Commission.(11) The Commission has made a final assessment of the restructuring programme and plans submitted by the Czech Republic. The assessment indicates that restructuring aid is necessary to return certain companies in the Czech steel industry to viability. The assessment confirms that implementation of the restructuring programme and plans will lead to the viability of the companies under normal market conditions by the end of the restructuring period; that the amount and intensity of aid are strictly limited to what is absolutely necessary to reach this objective and that restructuring aid to the Czech steel industry will cease by the end of 2003; and that the restructuring programme is linked to a global rationalisation and reduction of overall production capacity in the Czech Republic. The assessment therefore concludes that the restructuring programme and plans submitted by the Czech Republic meet the requirements of Article 8(4) of Protocol 2 to the Europe Agreement.(12) The conditions laid down in Articles 2 and 3 of the Additional Protocol to the Europe Agreement are accordingly met,HAS DECIDED AS FOLLOWS:Sole ArticleThe restructuring programme and business plans submitted to the Commission by the Czech Republic pursuant to Article 2 of the Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, with regard to an extension of the period laid down in Article 8(4) of Protocol 2 to the Europe Agreement, are in compliance with the requirements of Article 8(4) of Protocol 2.Done at Brussels, 10 December 2002.For the CouncilThe PresidentP. S. Møller(1) OJ L 360, 31.12.1994, p. 2.


Avis juridique important

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32001D0080

Council Decision of 22 January 2001 on the establishment of the Military Staff of the European Union

Official Journal L 027 , 30/01/2001 P. 0007 - 0011

Council Decisionof 22 January 2001on the establishment of the Military Staff of the European Union(2001/80/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, in particular Article 28(1) thereof,Having regard to the Treaty establishing the European Community, in particular Article 207(2) thereof,Whereas:(1) In the framework of the strengthening of the common foreign and security policy (CFSP) and in particular of the common European policy on security and defence provided for in Article 17 of the Treaty on European Union, the European Council meeting in Nice on 7-11 December 2000 reached agreement on the establishment of the Military Staff of the European Union, setting out its mission and functions.(2) Following the guidelines of the European Council the Military Staff should be made ready to start its work,HAS DECIDED AS FOLLOWS:Article 11. Military personnel will be seconded from Member States to the General Secretariat of the Council in order to form the Military Staff of the European Union (EUMS).2. The Military Staff will be part of the General Secretariat of the Council.Article 2The mission and functions of the Military Staff are defined in Annex V of the Presidency's report approved by the Nice European Council, which is reproduced in the Annex to this Decision.Article 3All members of the Military Staff shall be nationals of Member States of the European Union.Article 41. Members of the Military Staff shall be subject to rules which will be established in a Council Decision.2. Until the entry into force of the Decision mentioned in paragraph 1, Council Decision 2000/178/CFSP of 28 February 2000 on the rules applicable to national experts in the military field on secondment to the General Secretariat of the Council during the interim period(1) shall remain in force.Article 5This Decision shall take effect from the date of its adoption.It shall apply as from a date established by the SG/HR upon consultation of the PSC and of the iMB/Military Committee and in principle before the end of June 2001.Until the date of application of this Decision, the Director General of the Military Staff (DGEUMS), who will take up its functions as from 1 March 2001(2), shall act as head of the military experts seconded from Member States to the Council Secretariat(3).Article 6This Decision shall be published in the Official Journal.Done at Brussels, 22 January 2001.For the CouncilThe PresidentA. Lindh(1) OJ L 57, 2.3.2000, p. 1.(2) Council Decision of 22 December 2000.(3) Council Decision 2000/145/CFSP of 14 February 2000 on the secondment of national experts in the military field to the General Secretariat of the Council during an interim period (OJ L 49, 22.2.2000, p. 3).ANNEXEUROPEAN UNION MILITARY STAFF ORGANISATION (EUMS)1. IntroductionAt Helsinki, the EU Member States decided to establish within the Council, new permanent political and military bodies enabling the EU to assume its responsibilities for the full range of conflict prevention and crisis management tasks defined in the EU Treaty, the Petersberg tasks. As provided in the Helsinki report, the EUMS, "within the Council structures provides military expertise and support to the CESDP, including the conduct of EU-led military crisis management operations".For this purpose, the terms of reference of the European Union Military Staff (EUMS) are defined as follows:2. MissionThe Military Staff is to perform "early warning, situation assessment and strategic planning for Petersberg tasks including identification of European national and multinational forces" and to implement policies and decisions as directed by the European Union Military Committee (EUMC).3. Role and tasks- It is the source of the EU's military expertise.- It assures the link between the EUMC on the one hand and the military resources available to the EU on the other, and it provides military expertise to EU bodies as directed by the EUMC.- It provides an early warning capability. It plans, assesses and makes recommendations regarding the concept of crisis management and the general military strategy and implements the decisions and guidance of the EUMC.- It supports the EUMC regarding situation assessment and military aspects of strategic planning(1), over the full range of Petersberg tasks, for all cases of EU-led operations, whether or not the EU draws on NATO assets and capabilities.- It contributes to the process of elaboration, assessment and review of the capability goals taking into account the need, for those Member States concerned, to ensure coherence with NATO's defence planning process (DPP) and the planning and review process (PARP) of the partnership for peace (PfP) in accordance with agreed procedures.- It has the responsibility to monitor, assess and make recommendations regarding the forces and capabilities made available to the EU by the Member States, on training, exercises and interoperability.4. Functions- It performs three main operational functions: early warning, situation assessment and strategic planning.- Under the direction of the EUMC it provides military expertise to EU bodies and, in particular, to the Secretary-General/High Representative.- It monitors potential crises by relying on appropriate national and multinational intelligence capabilities.- It supplies the Situation Centre with military information and receives its output.- It carries out the military aspects of strategic advance planning for Petersberg missions.- It identifies and lists European national and multinational forces for EU-led operations coordinating with NATO.- It contributes to the development and preparation (including training and exercises) of national and multinational forces made available by the Member States to the EU. The modalities of the relation with NATO are defined in the relevant documents.- It organises and coordinates the procedures with national and multinational HQs including those NATO HQs available to the EU, ensuring, as far as possible, compatibility with NATO procedures.- It programmes, plans, conducts and evaluates the military aspect of the EU's crisis management procedures, including the exercising of EU/NATO procedures.- It participates in the financial estimation of operations and exercises.- It liaises with the national HQs and the multinational HQs of the multinational forces.- It establishes permanent relations with NATO according to "EU/NATO Permanent arrangements" and appropriate relations with identified correspondents within the UN and OSCE, subject to an agreement from these organisations.(a) Additional functions in crisis management situations- It requests and processes specific information from the intelligence organisations and other relevant information from all available sources.- It supports the EUMC in its contributions to Initial Planning Guidance and Planning Directives of the Political and Security Committee (PSC).- It develops and prioritises military strategic options as the basis for the military advice of the EUMC to the PSC by:- defining initial broad options;- drawing as appropriate on planning support from external sources which will analyse and further develop these options in more detail,- evaluating the results of this more detailed work and commissioning any further work that might be necessary,- presenting an overall assessment, with an indication of priorities and recommendations as appropriate, to the EUMC.- It can also contribute to the non-military aspects of the military options.- It identifies in coordination with national planning staffs and, as appropriate, NATO, the forces that might participate in possible EU-led operations.- It assists the operation commander in technical exchanges with third countries offering military contributions to an EU-led operation, and in the preparation of the force generation conference.- It continues to monitor crisis situations.(b) Additional functions during operations- The EUMS, acting under the direction of the EUMC, continuously monitors all the military aspects of operations. It conducts strategic analysis in liaison with the designated operation commander to support the EUMC in its advisory role to the PSC in charge of the strategic direction.- In the light of political and operational developments, it provides new options to the EUMC as a basis for EUMC's military advice to the PSC.5. Organisation- It works under the military direction of the EUMC to which it reports.- The EUMS is a Council Secretariat department directly attached to the SG/HR; it is composed of personnel seconded from the Member States acting in an international capacity under the statute to be established by the Council.- EUMS is headed by the DGEUMS, a three-star flag officer, and works under the direction of the EUMC.- In order to cope with the full spectrum of Petersberg tasks, whether or not the EU has recourse to NATO resources, the EUMS is organised as in Annex "A".- In crisis management situations or exercises, the EUMS could set up Crisis Action Teams (CAT), drawing upon its own expertise, manpower and infrastructure. In addition, it could, if necessary, draw upon outside manpower for temporary augmentation to be requested from the EU Member States by the EUMC.6. Relations with third countries- The relations between the EUMS and the non-EU European NATO members and other countries, which are candidates for accession to the EU will be defined in the document on the relations of the EU with third countries.(1) Preliminary definitions:Strategic planning: planning activities that start as soon as a crisis emerges and end when the EU political authorities approve a military strategic option or a set of military strategic options. The strategic process encompasses military situation assessment, definition of a POL/MIL framework and development of military strategic options.Military strategic option: a possible military action designed to achieve the POL/MIL objectives outlined in the POL/MIL framework. A military strategic option will describe the outline military solution, the required resource and constraints and recommendations on the choice of the operations commander and OHQ.ANNEX AOUTLINE ORGANISATION OF EUMS>PIC FILE= "L_2001027EN.001002.EPS">ABBREVIATIONS>TABLE>


title: 2004/752/EC, Euratom: Council Decision of 2 November 2004 establishing the European Union Civil Service Tribunal

text:
               9.11.2004

               EN

               Official Journal of the European Union

               L 333/7

      COUNCIL DECISION

   of 2 November 2004
   establishing the European Union Civil Service Tribunal
   (2004/752/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 225a and 245 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 140b and 160 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Having regard to the opinion of the Court of Justice,
   Whereas:

               (1)

               Article 225a of the EC Treaty and Article 140b of the Euratom Treaty empower the Council to create judicial panels to hear and determine at first instance certain classes of action or proceeding brought in specific areas, to lay down the rules on the organisation of the panel and the extent of the jurisdiction conferred upon it.

               (2)

               The establishment of a specific judicial panel to exercise jurisdiction at first instance in European civil service disputes, currently within the jurisdiction of the Court of First Instance of the European Communities, would improve the operation of the Community courts system. It answers the call made in Declaration No 16 relating to Article 225a of the EC Treaty (1), adopted when the Treaty of Nice was signed on 26 February 2001.

               (3)

               A judicial panel should accordingly be attached to the Court of First Instance, that shall for institutional and organisational purposes be an integral part of the Court of Justice institution, an institution with members enjoying a similar status to members of the Court of First Instance.

               (4)

               The new judicial panel should be given a name that distinguishes it in its trial formations from the trial formations of the Court of First Instance.

               (5)

               To make the court system generally easy to understand, the provisions relating to the judicial panel's jurisdiction, composition, organisation and procedure should be laid down in an Annex to the Statute of the Court of Justice.

               (6)

               The number of judges of the judicial panel should match its caseload. To facilitate decision-making by the Council in the appointment of judges, provision should be made for the Council to establish an independent Advisory Committee to verify that applications received meet the relevant conditions.

               (7)

               The judicial panel should try cases by a procedure matching the specific features of the disputes that are to be referred to it, examining the possibilities for amicable settlement of disputes at all stages of the procedure.

               (8)

               In accordance with the third paragraph of Article 225a of the EC Treaty and the third paragraph of Article 140b of the Euratom Treaty, appeals may be lodged at the Court of First Instance against decisions of the judicial panel on points of law only in the same conditions as those governing appeals lodged at the Court of Justice against decisions of the Court of First Instance. The relevant provisions of the Statute of the Court of Justice are reproduced in the Annex to the Statute relating to the judicial panel, to avoid cross-references that would make the general set of provisions difficult to read.

               (9)

               Provision should be made in this Decision for transitional arrangements so that the judicial panel can exercise its functions as soon as it is established,

         HAS DECIDED AS FOLLOWS:
   Article 1
   A judicial panel shall be attached to the Court of First Instance of the European Communities to hear disputes involving the European Union civil service and shall be known as the ‘European Union Civil Service Tribunal’. The European Union Civil Service Tribunal shall have its headquarters at the Court of First Instance.
   Article 2
   The Protocol on the Statute of the Court of Justice shall be amended as follows:

               1.

               the following Title shall be inserted:
               ‘TITLE IVa
               JUDICIAL PANELS
               Article 62a
               The provisions relating to the jurisdiction, composition, organisation and procedure of the judicial panels established under Articles 225a of the EC Treaty and 140b of the EAEC Treaty are set out in an Annex to this Statute.’;

               2.

               Annex I, as set out in the Annex to this Decision, shall be added.

         Article 3
   1.   The first President of the European Union Civil Service Tribunal shall be appointed for three years in the same manner as its judges, unless the Council decides that the procedure laid down in Article 4(1) of Annex I to the Statute of the Court of Justice, as set out in the Annex to this Decision, shall be applied.
   2.   Immediately after all the judges of the European Union Civil Service Tribunal have taken oath, the President of the Council shall choose by lot three judges of the Tribunal whose duties are to end, by way of derogation from the first sentence of the second paragraph of Article 2 of Annex I to the Statute of the Court, upon expiry of the first three years of their term of office.
   3.   Cases referred to in Article 1 of Annex I to the Statute of the Court of Justice of which the Court of First Instance is seised on the date on which that Article enters into force but in which the written procedure provided for in Article 52 of the Rules of Procedure of the Court of First Instance has not yet been completed shall be referred to the European Union Civil Service Tribunal.
   4.   Until the entry into force of its rules of procedure, the European Union Civil Service Tribunal shall apply mutatis mutandis the Rules of Procedure of the Court of First Instance, except for the provisions concerning a single judge.
   Article 4
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union, with the exception of Article 1 of Annex I to the Statute of the Court of Justice, as set out in the Annex to this Decision.
   Article 1 of Annex I to the Statute of the Court of Justice shall enter into force on the day of the publication in the Official Journal of the European Union of the Decision of the President of the Court of Justice recording that the European Union Civil Service Tribunal has been constituted in accordance with law.

      Done at Brussels, 2 November 2004.

            For the Council

            The President

         B. R. BOT

      (1)  OJ C 80, 10.3.2001, p. 80.

      ANNEX

            ‘ANNEX I
            THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL
            Article 1
            The European Union Civil Service Tribunal (hereafter the Civil Service Tribunal) shall exercise at first instance jurisdiction in disputes between the Communities and their servants referred to in Article 236 of the EC Treaty and Article 152 of the EAEC Treaty, including disputes between all bodies or agencies and their servants in respect of which jurisdiction is conferred on the Court of Justice.
            Article 2
            The Civil Service Tribunal shall consist of seven judges. Should the Court of Justice so request, the Council, acting by a qualified majority, may increase the number of judges.
            The judges shall be appointed for a period of six years. Retiring judges may be reappointed.
            Any vacancy shall be filled by the appointment of a new judge for a period of six years.
            Article 3
            1.   The judges shall be appointed by the Council, acting in accordance with the fourth paragraph of Article 225a of the EC Treaty and the fourth paragraph of Article 140b of the EAEC Treaty, after consulting the committee provided for by this Article. When appointing judges, the Council shall ensure a balanced composition of the Tribunal on as broad a geographical basis as possible from among nationals of the Member States and with respect to the national legal systems represented.
            2.   Any person who is a Union citizen and fulfils the conditions laid down in the fourth paragraph of Article 225a of the EC Treaty and the fourth paragraph of Article 140b of the EAEC Treaty may submit an application. The Council, acting by a qualified majority on a recommendation from the Court, shall determine the conditions and the arrangements governing the submission and processing of such applications.
            3.   A committee shall be set up comprising seven persons chosen from among former members of the Court of Justice and the Court of First Instance and lawyers of recognised competence. The committee's membership and operating rules shall be determined by the Council, acting by a qualified majority on a recommendation by the President of the Court of Justice.
            4.   The committee shall give an opinion on candidates' suitability to perform the duties of judge at the Civil Service Tribunal. The committee shall append to its opinion a list of candidates having the most suitable high-level experience. Such list shall contain the names of at least twice as many candidates as there are judges to be appointed by the Council.
            Article 4
            1.   The judges shall elect the President of the Civil Service Tribunal from among their number for a term of three years. He may be re-elected.
            2.   The Civil Service Tribunal shall sit in chambers of three judges. It may, in certain cases determined by its rules of procedure, sit in full court or in a chamber of five judges or of a single judge.
            3.   The President of the Civil Service Tribunal shall preside over the full court and the chamber of five judges. The Presidents of the chambers of three judges shall be designated as provided in paragraph 1. If the President of the Civil Service Tribunal is assigned to a chamber of three judges, he shall preside over that chamber.
            4.   The jurisdiction of and quorum for the full court as well as the composition of the chambers and the assignment of cases to them shall be governed by the rules of procedure.
            Article 5
            Articles 2 to 6, 14, 15, the first, second and fifth paragraphs of Article 17, and Article 18 of the Statute of the Court of Justice shall apply to the Civil Service Tribunal and its members.
            The oath referred to in Article 2 of the Statute shall be taken before the Court of Justice, and the decisions referred to in Articles 3, 4 and 6 thereof shall be adopted by the Court of Justice after consulting the Civil Service Tribunal.
            Article 6
            1.   The Civil Service Tribunal shall be supported by the departments of the Court of Justice and of the Court of First Instance. The President of the Court of Justice or, in appropriate cases, the President of the Court of First Instance, shall determine by common accord with the President of the Civil Service Tribunal the conditions under which officials and other servants attached to the Court of Justice or the Court of First Instance shall render their services to the Civil Service Tribunal to enable it to function. Certain officials or other servants shall be responsible to the Registrar of the Civil Service Tribunal under the authority of the President of that Tribunal.
            2.   The Civil Service Tribunal shall appoint its Registrar and lay down the rules governing his service. The fourth paragraph of Article 3 and Articles 10, 11 and 14 of the Statute of the Court of Justice shall apply to the Registrar of the Tribunal.
            Article 7
            1.   The procedure before the Civil Service Tribunal shall be governed by Title III of the Statute of the Court of Justice, with the exception of Articles 22 and 23. Such further and more detailed provisions as may be necessary shall be laid down in the rules of procedure.
            2.   The provisions concerning the Court of First Instance's language arrangements shall apply to the Civil Service Tribunal.
            3.   The written stage of the procedure shall comprise the presentation of the application and of the statement of defence, unless the Civil Service Tribunal decides that a second exchange of written pleadings is necessary. Where there is such second exchange, the Civil Service Tribunal may, with the agreement of the parties, decide to proceed to judgment without an oral procedure.
            4.   At all stages of the procedure, including the time when the application is filed, the Civil Service Tribunal may examine the possibilities of an amicable settlement of the dispute and may try to facilitate such settlement.
            5.   The Civil Service Tribunal shall rule on the costs of a case. Subject to the specific provisions of the Rules of Procedure, the unsuccessful party shall be ordered to pay the costs should the court so decide.
            Article 8
            1.   Where an application or other procedural document addressed to the Civil Service Tribunal is lodged by mistake with the Registrar of the Court of Justice or Court of First Instance, it shall be transmitted immediately by that Registrar to the Registrar of the Civil Service Tribunal. Likewise, where an application or other procedural document addressed to the Court of Justice or to the Court of First Instance is lodged by mistake with the Registrar of the Civil Service Tribunal, it shall be transmitted immediately by that Registrar to the Registrar of the Court of Justice or Court of First Instance.
            2.   Where the Civil Service Tribunal finds that it does not have jurisdiction to hear and determine an action in respect of which the Court of Justice or the Court of First Instance has jurisdiction, it shall refer that action to the Court of Justice or to the Court of First Instance. Likewise, where the Court of Justice or the Court of First Instance finds that an action falls within the jurisdiction of the Civil Service Tribunal, the Court seised shall refer that action to the Civil Service Tribunal, whereupon that Tribunal may not decline jurisdiction.
            3.   Where the Civil Service Tribunal and the Court of First Instance are seised of cases in which the same issue of interpretation is raised or the validity of the same act is called in question, the Civil Service Tribunal, after hearing the parties, may stay the proceedings until the judgment of the Court of First Instance has been delivered.
            Where the Civil Service Tribunal and the Court of First Instance are seised of cases in which the same relief is sought, the Civil Service Tribunal shall decline jurisdiction so that the Court of First Instance may act on those cases.
            Article 9
            An appeal may be brought before the Court of First Instance, within two months of notification of the decision appealed against, against final decisions of the Civil Service Tribunal and decisions of that Tribunal disposing of the substantive issues in part only or disposing of a procedural issue concerning a plea of lack of jurisdiction or inadmissibility.
            Such an appeal may be brought by any party which has been unsuccessful, in whole or in part, in its submissions. However, interveners other than the Member States and the institutions of the Communities may bring such an appeal only where the decision of the Civil Service Tribunal directly affects them.
            Article 10
            1.   Any person whose application to intervene has been dismissed by the Civil Service Tribunal may appeal to the Court of First Instance within two weeks of notification of the decision dismissing the application.
            2.   The parties to the proceedings may appeal to the Court of First Instance against any decision of the Civil Service Tribunal made pursuant to Article 242 or Article 243 or the fourth paragraph of Article 256 of the EC Treaty or Article 157 or Article 158 or the third paragraph of Article 164 of the EAEC Treaty within two months of its notification.
            3.   The President of the Court of First Instance may, by way of summary procedure, which may, insofar as necessary, differ from some of the rules contained in this Annex and which shall be laid down in the rules of procedure of the Court of First Instance, adjudicate upon appeals brought in accordance with paragraphs 1 and 2.
            Article 11
            1.   An appeal to the Court of First Instance shall be limited to points of law. It shall lie on the grounds of lack of jurisdiction of the Civil Service Tribunal, a breach of procedure before it which adversely affects the interests of the appellant as well as the infringement of Community law by the Tribunal.
            2.   No appeal shall lie regarding only the amount of the costs or the party ordered to pay them.
            Article 12
            1.   Without prejudice to Articles 242 and 243 of the EC Treaty or Articles 157 and 158 of the EAEC Treaty, an appeal before the Court of First Instance shall not have suspensory effect.
            2.   Where an appeal is brought against a decision of the Civil Service Tribunal, the procedure before the Court of First Instance shall consist of a written part and an oral part. In accordance with conditions laid down in the rules of procedure, the Court of First Instance, having heard the parties, may dispense with the oral procedure.
            Article 13
            1.   If the appeal is well founded, the Court of First Instance shall quash the decision of the Civil Service Tribunal and itself give judgment in the matter. It shall refer the case back to the Civil Service Tribunal for judgment where the state of the proceedings does not permit a decision by the Court.
            2.   Where a case is referred back to the Civil Service Tribunal, the Tribunal shall be bound by the decision of the Court of First Instance on points of law.’


Avis juridique important

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31996D1003(01)

Council Decision of 16 September 1996 appointing two members and three alternate members of the Advisory Committee on the Training of Midwives

Official Journal C 290 , 03/10/1996 P. 0001 - 0001

COUNCIL DECISION  of 16 September 1996 appointing two members and three alternate members of the Advisory Committee  on the Training of Midwives (96/C  290/01) THE COUNCIL OF THE EUROPEAN UNION, Having regard to Council Decision 80/156/EEC of 21 January 1980 setting up an Advisory Committee on  the Training of Midwives  (1), and in particular Articles 3 and 4 thereof, Whereas, by its decision of 23 October 1995  (2), the Council appointed Ms Ute GELLER and Ms  Eveline FUGGER members and Ms Hannah RAUSCH, Mr Geert AMSTRUP aund Ms Maria KAMMENOU alternate  members of the Committee for the period ending 22 October 1998; Whereas the Austrian Government has nominated Ms Renate GROSSBICHLER to replace Ms Ute GELLER, Ms  Margarita KINDL to replace Ms Eveline FUGGER and Ms Eva Maria KIRKOVICS to replace Ms Hannah  RAUSCH; Whereas the Danish Government has nominated Mr Lars PETERSEN to replace Mr Geert AMSTRUP; Whereas the Greek Government has nominated Ms Maria NOULA to replace Ms Maria KAMMENOU, HAS DECIDED AS FOLLOWS: Article 1 Ms Renate GROSSBICHLER is hereby appointed a member of the Advisory  Committee on the Training of Midwives in place of Ms Ute GELLER for the remainder of the latter's  term of office, which ends on 22 October 1998. Article 2 Ms Margarita KINDL is hereby appointed a member of the Advisory Committee on the  Training of Midwives in place of Ms Eveline FUGGER for the remainder of the latter's term of  office, which ends on 22 October 1998. Article 3 Ms Eva Maria KIRKOVICS is hereby appointed an alternate member of the Advisory  Committee on the Training of Midwives in place of Ms Hannah RAUSCH for the remainder of the  latter's term of office, which ends on 22 Otober 1998. Article 4 Mr Lars PETERSEN is hereby appointed an alternate member of the Advisory Committee on  the Training of Midwives in place of Mr Geert AMSTRUP for the remainder of the latter's term of  office, which ends on 22 October 1998. Article 5 Ms Maria NOULA is hereby appointed an alternate member of the Advisory Committee on the  Training of Midwives in place of Ms Maria KAMMENOU for the remainder of the latter's term of  office, which ends on 22 October 1998. Done at Brussels, 16 September 1996. For the Council The President I. YATES (1) OJ No L 33, 11. 2. 1980, p. 13.  (2) OJ No C 292, 7. 11. 1995, p. 2.


title: 2007/666/EC: Commission Decision of 9 October 2007 on the appointment of one member of the European Group on Ethics in Science and New Technologies for its third mandate

text:
               16.10.2007

               EN

               Official Journal of the European Union

               L 271/15

      COMMISSION DECISION

   of 9 October 2007
   on the appointment of one member of the European Group on Ethics in Science and New Technologies for its third mandate
   (2007/666/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Commission Decision 2005/383/EC of 11 May 2005 (1) on the renewal of the mandate of the European Group on Ethics in Science and New Technologies,
   Whereas:

               (1)

               Dr C. CASINI has resigned as a Member of the EGE, consequently to his appointment as MEP, by letter of 12 July 2006.

               (2)

               On 15 March 2007 the Commission published a call for applications regarding the selection of a new member of the European Group on Ethics in Science and New Technologies and a Jury composed of senior Commission staff has evaluated the applications received and prepared a shortlist for the Commission Decision,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Francesco D. BUSNELLI is appointed as EGE member for the period covered by the current EGE (2005-09), as a replacement of former EGE Member Carlo CASINI.
   Article 2
   The new EGE member’s mandate enters into force on the same day as the adoption of the present Decision.

      Done at Brussels, 9 October 2007.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 127, 20.5.2005, p. 17.


Avis juridique important

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31993D0465

93/465/EEC: Council Decision of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonization directives

Official Journal L 220 , 30/08/1993 P. 0023 - 0039 Finnish special edition: Chapter 13 Volume 24 P. 0218  Swedish special edition: Chapter 13 Volume 24 P. 0218

COUNCIL DECISION of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical  harmonization directivesTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Council Decision 90/683/EEC of 13 December 1990 concerning the modules for the various phases of the conformity assessment procedures which are intended to be used in the technical harmonization directives (4) needs to be substantially amended  in various places; whereas it is necessary, in a spirit of clarity and rationality, to consolidate its provisions by means of this Decision;  Whereas the Council adopted a Resolution on 21 December 1989 concerning a global approach to conformity assessments (5);  Whereas the introduction of harmonized methods for the assessment of conformity and the adoption of a common doctrine for their implementation are likely to facilitate the adoption of future technical harmonization directives concerning the placing on  the market of industrial products and thus be conducive to the implementation of the internal market;  Whereas such methods should ensure that products are in full conformity with the essential requirements laid down in the technical harmonization directives, in order to provide, in particular, for the health and safety of users and consumers;  Whereas such conformity should be assured without imposing unnecessarily onerous conditions on manufacturers, and by means of clear and comprehensible procedures;  Whereas limited flexibility should be introduced as regards use of additional modules, or variations in the modules, when the specific circumstances of a particular sector or directive so warrant, but not to such a degree as to undercut the purpose of  the current Decision and only when explicitly justified;  Whereas in the abovementioned Resolution of 21 December 1989 the Council approved as a guiding principle the adoption of common rules on the use of the CE marking;  Whereas in its Decision 90/683/EEC the Council laid down that the industrial products covered by the technical harmonization directives can be placed on the market only after the manufacturer has affixed the CE marking to them;  Whereas a single CE marking should be used in order to facilitate controls on the Community market by inspectors and to clarify the obligations of economic operators in respect of marking under the various Community regulations;  Whereas the aim of the CE marking is to symbolize the conformity of a product with the levels of protection of collective interests imposed by the total harmonization directives and to indicate that the economic operator has undergone all the evaluation  procedures laid down by Community law in respect of his product,  HAS DECIDED AS FOLLOWS:  Article 1  1. The procedures for conformity assessment which are to be used in the technical harmonization directives relating to the marketing of industrial products will be chosen from among the modules listed in the Annex and in accordance with the criteria set  out in this Decision and in the general guidelines in the Annex.  These procedures may only depart from the modules when the specific circumstances of a particular sector or directive so warrant. Such departures from the modules must be limited in extent and must be explicitly justified in the relevant directive.  2. This Decision lays down rules for affixing the CE conformity marking provided for in Community legislation concerning the design, manufacture, placing on the market, entry into service or use of industrial products.  3. The Commission shall report periodically on the functioning of this Decision, and on whether conformity assessment and CE marking procedures are working satisfactorily or need to be modified.  No later than the end of the transitional period in 1997, or earlier if the matter is found to be urgent, the Commission shall also report back on any special problems raised by the incorporation of Council Directive 73/23/EEC of 19 February 1973  relating to electrical equipment designed for use within certain voltage limits (6) within the scope of CE marking procedures, and, in particular, whether safety is being compromised. It shall also review any problems raised by the issue of overlapping  Council directives, and whether any further Community measures are required.  Article 2  1. Decision 90/683/EEC is hereby repealed.  2. References to the Decision repealed shall be construed as references to this Decision.  Done at Brussels, 22 July 1993.  For the Council The President M. OFFECIERS-VAN DE WIELE (1) OJ No C 160, 20. 6. 1991, p. 14; and OJ No C 28, 2. 2. 1993, p. 16.(2) OJ No C 125, 18. 5. 1992, p. 178; OJ No C 115, 26. 4. 1993, p. 117; and Decision of 14 July 1993 (not yet published in the Official Journal).(3) OJ No C 14, 20. 1.  1992, p. 15; and OJ No C 129, 10. 5. 1993, p. 3.(4) OJ No L 380, 31. 12. 1990, p. 13.(5) OJ NO C 10, 16. 1. 1990, p. 1.(6) OJ No L 77, 26. 3. 1973, p. 29.   ANNEX   CONFORMITY ASSESSMENT PROCEDURES AND CE MARKING IN THE TECHNICAL HARMONIZATION DIRECTIVES  I. GENERAL GUIDELINES A. The principal guidelines for the use of conformity assessment procedures in technical harmonization directives are the following:  (a) the essential objective of a conformity assessment procedure is to enable the public authorities to ensure that products placed on the market conform to the requirements as expressed in the provisions of the directives, in particular with regard to  the health and safety of users and consumers;  (b) conformity assessment can be subdivided into modules which relate to the design phase of products and to their production phase;  (c) as a general rule a product should be subject to both phases before being able to be placed on the market if the results are positive (1)();  (d) there are a variety of modules which cover the two phases in a variety of ways. The directives must set the range of possible choices which can be considered by the Council to give the public authorities the high level of safety they seek, for a  given product or product sector;  (e) in setting the range of possible choices open to the manufacturer, the directives, will take into consideration, in particular, such issues as the appropriateness of the modules to the type of products, the nature of the risks involved, the economic  infrastructures of the given sector (e.g. existence or non-existence of third parties), the types and importance of production, etc. The factors that have been taken into account must be explicitly spelled out by the Commission in these directives;  (f) the directives will, in setting the range of possible modules for a given product or product sector, attempt to leave as wide a choice to the manufacturer as is consistent with ensuring compliance with the requirements.  The directives will set out the criteria governing the conditions in which the manufacturer chooses the most appropriate modules for his production from the modules laid down by the directives;  (g) the directives should avoid imposing unnecessarily modules which would be too onerous relative to the objectives of the directive concerned;  (h) notified bodies should be encouraged to apply the modules without unnecessary burden for the economic operators. The Commission, in cooperation with the Member States, must ensure that close cooperation is organized between the notified bodies in  order to ensure consistent technical application of the modules;  (i) in order to protect the manufacturers, the technical documentation provided to notified bodies has to be limited to that which is required solely for the purpose of assessment of conformity. Legal protection of confidential information is required;   (j) whenever directives provide the manufacturer with the possibility of using modules based on quality assurance techniques, the manufacturer must also be able to have recourse to a combination of modules not using quality assurance, and vice versa,  except where compliance with the requirements laid down by the directives requires the exclusive application of a certain procedure;  (k) for the purposes of operating the modules, Member States must notify on their own responsibility bodies under their jurisdiction which they have chosen from the technically competent bodies complying with the requirements of the directives. This  responsibility involves the obligation for the Member States to ensure that the notified bodies permanently have the technical qualifications required by the directives and that the latter keep their competent national authorities informed of the  performance of their tasks. Where a Member State withdraws its notification of a body, it must take appropriate steps to ensure that the dossiers are processed by another notified body to ensure continuity;  (l) in addition, with regard to conformity assessment, the sub-contracting of work shall be subject to certain conditions guaranteeing:  - the competence of the establishment operating as sub-contractor, on the basis of conformity with series EN 45 000 standards, and the capability of the Member State that has notified the sub-contracting body to ensure effective monitoring of such  compliance,  - the ability of the body notified to exercise effective responsibility for the work carried out under sub-contract;  (m) notified bodies which can prove their conformity with harmonized standards (EN 45 000 series), by submitting an accreditation certificate or other documentary evidence, are presumed to conform to the requirements of the directives. Member States  having notified bodies unable to prove their conformity with the harmonized standards (EN 45 000 series) may be requested to provide the Commission with the appropriate supporting documents on the basis of which notification was carried out;  (n) a list of notified bodies must be published by the Commission in the Official Journal of the European Communities and constantly updated.  B. The principal guidelines for the affixing and use of the CE marking are the following:  (a) The CE marking symbolizes conformity to all the obligations incumbent on manufacturers for the product by virtue of the Community directives providing for its affixing.  Thus, such conformity is not limited to the essential requirements relating to safety, public health, consumer protection, etc., as certain directives may impose specific obligations not necessarily forming part of the essential requirements.  (b) The CE marking affixed to industrial products symbolizes the fact that the natural or legal person having affixed or been responsible for the affixing of the said marking has verified that the product conforms to all the Community total  harmonization provisions which apply to it and has been the subject of the appropriate conformity evaluation procedures.  (c) Where the industrial products are subject to other directives concerning other aspects and which also provide for the affixing of the CE marking, the latter must indicate that the products are also presumed to conform to the provisions of those  other directives.  However, where one or more of these directives allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking indicates conformity to the provisions only of those directives applied by the manufacturer. In  this case, particulars of the directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions accompanying the products or, where appropriate, on the data plate.  (d) 1. The CE conformity marking must consist of the initials 'CE' taking the following form:  If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.  2. Where the directive concerned does not impose specific dimensions, the CE marking must have a height of at least 5 mm.  3. The CE marking must be affixed to the product or to its data plate. However, where this is not possible or not warranted on account of the nature of the product, it must be affixed to the packaging, if any, and to the accompanying documents, where  the directive concerned provides for such documents.  4. The CE marking must be affixed visibly, legibly and indelibly.  (e) Any industrial product covered by the technical harmonization directives based on the principles of the global approach must bear the CE marking, save where the specific directives provide otherwise; such exceptions constitute derogations not from  the marking requirement but from the administrative procedures for conformity evaluation, which may in certain cases be considered too cumbersome. Appropriate grounds must accordingly be given for any exception to or derogation from the marking  requirement.  The CE marking is the only marking which certifies that the industrial products conform to the directives based on the principles of the global approach.  Member States must refrain from introducing into their national regulations any reference to a conformity marking other than the CE marking in connection with conformity to all the provisions contained in the directives on CE marking.  (f) The CE marking must be affixed at the end of the production control phase.  (g) The CE conformity marking must be followed by the identification number of the notified body within the meaning of paragraph I.A where the said body is involved in the production control phase within the meaning of this Decision.  Such identification numbers must be assigned by the Commission as part of the body notification procedure. The Commission must publish lists of the notified bodies in the Official Journal of the European Communities; such lists must be updated  regularly.  A notified body must be assigned the same number when it is notified under several directives. The Commission must ensure that each notified body receives a single identification number, however many directives it is notified under.  (h) It is necessary to lay down provisions concerning the use of certain products. In this case, the CE marking and the identification number of the notified body may be followed by a pictogram or any other mark indicating, for example, the category of  use.  (i) The affixing for any other marking liable to deceive third parties as to the meaning and form of the CE marking must be prohibited.  (j) A product may bear different marks, for example marks indicating conformity to national or European standards or with traditional optional directives, provided such marks are not liable to cause confusion with the CE marking.  Such marks may therefore only be affixed to the product, its packaging or the documentation accompanying the product on condition that the legibility and visibility of the CE marking are not thereby reduced.  (k) The CE marking must be affixed by the manufacturer or his agent established within the Community. In exceptional, duly warranted cases, the specific directives may provide that the CE marking can be affixed by the person responsible for placing the  product on the Community market.  The identification number of the notified body must be affixed under its responsibility either by the body itself or by the manufacturer or his agent established within the Community.  (l) Member States must take all provisions of national law necessary to exclude any possibility of confusion and to prevent abuse of the CE marking.  Without prejudice to the provisions in the directive concerned relating to the application of the safeguard clause, where a Member State establishes that the CE marking has been affixed unduly, the manufacturer, his agent or, exceptionally, where the  specific directives so provide, the person responsible for placing the product in question on the Community market is obliged to make the product comply and to end the infringement under conditions imposed by the Member State. Where non-compliance  continues, the Member State must take all appropriate measures to restrict or prohibit the placing on the market of the product in question or to ensure that it is withdrawn from the market in accordance with the procedures laid down in the safeguard  clauses.  II. MODULES FOR CONFORMITY ASSESSMENT Explanatory notes Specific directives may allow the CE marking to be affixed to the packaging or the accompanying documentation, instead of to the product itself.  The declaration of conformity or the certificate of conformity (whichever of the two applies in the directive concerned) must cover either individual or several products and shall either accompany the product(s) covered or be kept by the manufacturer.  The appropriate solution for the directive concerned will be specified.  References to Articles refer to the standard paragraphs of Annex II.B to the Council resolution of 7 May 1985 (OJ No C 136, 4. 6. 1985, p. 1), which have become standard Articles in the 'new approach' directives.  The development of computerized communication of certificates and other documents issued by notified bodies is envisaged within INSIS.  Specific directives may use modules A, C and H with additional provisions containing supplementary requirements which figure in the boxes in the modules.  Module C is designed to be used in combination with module B (EC type-examination). Modules D, E and F will also normally be used in combination with module B; however, in special cases (for example, when dealing with certain products of very simple  design and construction) they may be used on their own.  Module A (internal production control) 1. This module describes the procedure whereby the manufacturer or his authorized representative established within the Community, who carries out the obligations laid down in point 2, ensures and declares that the products concerned satisfy the  requirements of the directive that apply to them. The manufacturer or his authorized manufacturer established within the Community must affix the CE marking to each product and draw up a written declaration of conformity.  2. The manufacturer must establish the technical documentation described in paragraph 3 and he or his authorized representative established with the Community must keep it for a period ending at least 10 years (2)() after the last product has been  manufactured at the disposal of the relevant national authorities for inspection purposes.  Where neither the manufacturer nor his authorized representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the product on the Community market.  3. Technical documentation must enable the conformity of the product with the requirements of the directive to be assessed. It must, as far as relevant for such assessment, cover the design, manufacture and operation of the product (3)().  4. The manufacturer or his authorized representative must keep a copy of the declaration of conformity with the technical documentation.  5. The manufacturer must take all measures necessary in order that the manufacturing process ensures compliance of the manufactured products with the technical documentation referred to in point 2 and with the requirements of the directive that apply to  them.  Module Aa This module consists of module A, plus the following supplementary requirements:  For each product manufactured one or more tests on one or more specific aspects of the product must be carried out by the manufacturer or on his behalf (4)(). The tests are carried out on the responsibility of a notified body chosen by the manufacturer.   On the responsibility of the notified body, the manufacturer must affix the former's identification number during the manufacturing process.  or:  A notified body chosen by the manufacturer must carry out or have carried out product checks at random intervals. An adequate sample of the final products, taken on site by the notified body, must be examined and appropriate tests as set out in the  relevant standard(s) referred to in Article 5, or equivalent tests, must be carried out to check the conformity of the product with the relevant requirements of the directive.  In those cases where one or more of the products checked do not conform the notified body must take appropriate measures.  The product checking must include the following aspects:  (Relevant aspects must be specified here such as for example the statistical method to be applied, the sampling plan with its operational characteristics, etc.) On the responsibility of the notified body, the manufacturer must affix the former's identification number during the manufacturing process.  Module B (EC type-examination) 1. This module describes that part of the procedure by which a notified body ascertains and attests that a specimen, representative of the production envisaged, meets the provisions of the directive that apply to it.  2. The application for the EC type-examination must be lodged by the manufacturer or his authorized representative established within the Community with a notified body of his choice.  The application must include:  - the name and address of the manufacturer and, if the application is lodged by the authorized representative, his name and address in addition,  - a written declaration that the same application has not been lodged with any other notified body,  - the technical documentation, as described in point 3.  The applicant must place at the disposal of the notified body a specimen, repesentative of the production envisaged and hereinafter called 'type' (5)(). The notified body may request further specimens if needed for carrying out the test programme.  3. The technical documentation must enable the conformity of the product with the requirements of the directive to be assessed. It must, as far as relevant for such assessment, cover the design, manufacture and operation of the product (6)().  4. The notified body must:  4.1. examine the technical documentation, verify that the type has been manufactured in conformity with the technical documentation and identify the elements which have been designed in accordance with the relevant provisions of the standards referred  to in Article 5, as well as the components which have been designed without applying the relevant provisions of those standards;  4.2. perform or have performed the appropriate examinations and necessary tests to check whether, where the standards referred to in Article 5 have not been applied, the solutions adopted by the manufacturer meet the essential requirements of the  directive;  4.3. perform or have performed the appropriate examinations and necessary tests to check whether, where the manufacturer has chosen to apply the relevant standards, these have actually been applied;  4.4. agree with the applicant the location where the examinations and necessary tests will be carried out.  5. Where the type meets the provisions of the directive, the notified body must issue an EC type-examination certificate to the applicant. The certificate must contain the name and address of the manufacturer, conclusions of the examination, conditions  for its validity and the necessary data for identification of the approved type (7)().  A list of the relevant of the technical documentation must be annexed to the certificate and a copy kept by the notified body.  If the manufacturer is denied a type certification, the notified body must provide detailed reasons for such denial.  Provision must be made for an appeals procedure.  6. The applicant must inform the notified body that holds the technical documentation concerning the EC type-examination certificate of all modifications to the approved product which must receive additional approval where such changes may affect the  conformity with the essential requirements or the prescribed conditions for use of the product. This additional approval is given in the form of an addition to the original EC type-examination certificate.  7. Each notified body must communicate to the other notified bodies the relevant information concerning the EC type-examination certificates and additions issued and withdrawn (8)().  8. The other notified bodies may receive copies of the EC type-examination certificates and/or their additions. The Annexes to the certificates must be kept at the disposal of the other notified bodies.  9. The manufacturer or his authorized representative must keep with the technical documentation copies of EC type-examination certificates and their additions for a period ending at least 10 years (9)() after the last product has been manufactured.  Where neither the manufacturer nor his authorized representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the product on the Community market.  Module C (conformity to type) 1. This module describes that part of the procedure whereby the manufacturer or his authorized representative established within the Community ensures and declares that the products concerned are in conformity with the type as described in the EC  type-examination certificate and satisfy the requirements of the directive that applies to them. The manufacturer or his authorized representative established within the Community must affix the CE marking to each product and draw up a written  declaration of conformity.  2. The manufacturer must take all measures necessary to ensure that the manufacturing process assures compliance of the manufactured products with the type as described in the EC type-examination certificate and with the requirements of the directive  that apply to them.  3. The manufacturer or his authorized representative must keep a copy of the declaration of conformity for a period ending at least 10 years (10)() after the last product has been manufactured.  Where neither the manufacturer nor his authorized representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the product on the Community market.  Possible supplementary requirements:  For each product manufactured one or more tests on one or more specific aspects of the product must be carried out by the manufacturer or on his behalf (11)(). The tests must be carried out on the responsibility of a notified body, chosen by the  manufacturer.  On the responsibility of the notified body, the manufacturer must affix the former's identification number during the manufacturing process.  or:  A notified body chosen by the manufacturer must carry out or have carried out product checks at random intervals. An adequate sample of the final products, taken on site by the notified body, must be examined and appropriate tests as set out in the  relevant standard(s) referred to in Article 5, or equivalent tests, must be carried out to check the conformity of production with the relevant requirements of the directive. In those cases where one or more of the products checked do not conform, the  notified body must take appropriate measures.  The product checking must include the following aspects:  (Relevant aspects must be specified here such as for example the statistical method to be applied, the sampling plan with its operational characteristics, etc.) On the responsibility of the notified body, the manufacturer must affix the former's identification number during the manufacturing process.  Module D (12)(), (production quality assurance) 1. This module describes the procedure whereby the manufacturer who satisfies the obligations of point 2 ensures and declares that the products concerned [are in conformity with the type as described in the EC type-examination certificate and] satisfy  the requirements of the directive that apply to them. The manufacturer or his authorized representative established within the Community must affix the CE marking to each product and draw up a written declaration of conformity. The CE marking must be  accompanied by the identification symbol of the notified body responsible for EC monitoring as specified in point 4.  2. The manufacturer must operate an approved quality system for production, final product inspection and testing as specified in paragraph 3 and is subject to monitoring as specified in point 4.  3. Quality system 3.1. The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice, for the products concerned.  The application must include:  - all relevant information for the product category envisaged,  - the documentation concerning the quality system,  - if applicable, the technical documentation of the approved type and a copy of the EC type-examination certificate.  3.2. The quality system must ensure compliance of the products [with the type as described in the EC type-examination certificate and] with the requirements of the directive that apply to them.  All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent  interpretation of the quality programmes, plan, manuals and records.  It must contain in particular and adequate description of:  - the quality objectives and the organizational structure, responsibilities and powers of the management with regard to product quality,  - the manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used,  - the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out,  - the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.,  - the means to monitor the achievement of the required product quality and the effective operation of the quality system.  3.3. The notified body must assess the quality system to determine whether it satisfies the requirements referred to in point 3.2. It presumes conformity with these requirements in respect of quality systems that implement the relevant harmonized  standard (13)().  The auditing team must have at least one member with experience of evaluation in the product technology concerned. The evaluation procedure must include an inspection visit to the manufacturer's premises.  The decision must be notified to the manufactuer. The notification must contain the conclusions of the examination and the reasoned assessment decision.  3.4. The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to uphold it so that it remains adequate and efficient.  The manufactuer or his authorized representative shall keep the notified body that has approved the quality system informed of any intended updating of the quality system.  The notified body must evaluate the modifications proposed and decide whether the amended quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a re-assessment is required.  It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.  4. Surveillance under the responsibility of the notified body 4.1. The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.  4.2. The manufacturer must allow the notified body entrance for inspection purposes to the locations of manufacture, inspection and testing, and storage and must provide it with all necessary information, in particular:  - the quality system documentation,  - the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.  4.3. The notified body must periodically (14)() carry out audits to make sure that the manufacturer maintains and applies the quality system and must provide an audit report to the manufacturer.  4.4. Additionally the notified body may pay unexpected visits to the manufacturer. During such visits the notified body may carry out, or cause to be carried out, tests to verify that the quality system is functioning correctly, if necessary. The  notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.  5. The manufacturer must, for a period ending at least 10 years (15)() after the last product has been manufactured, keep at the disposal of the national authorities:  - the documentation referred to in the second indent of point 3.1,  - the updating referred to in the second paragraph of point 3.4,  - the decisions and reports from the notified body which are referred to in the final paragraph of point 3.4, points 4.3 and 4.4.  6. Each notified body must give the other notified bodies the relevant information concerning the quality system approvals issued and withdrawn (16)().  Module E (17)() (product quality assurance) 1. This module describes the procedure whereby the manufacturer who satisfies the obligations of point 2 ensures and declares that the products concerned [are in conformity with the type as described in the EC type-examination certificate and] satisfy  the requirements of the directive that apply to them. The manufacturer or his authorized representative established within the Community must affix the CE mark to each product and draw up a written declaration of conformity. The CE mark must be  accompanied by the identification symbol of the notified body responsible for surveillance as specified in point 4.  2. The manufacturer must operate an approved quality system for final product inspection and testing as specified in paragraph 3 and must be subject to surveillance as specified in point 4.  3. Quality system 3.1. The manufacturer must lodge an application for assessment of his quality system for the products concerned, with a notified body of his choice.  The application must include:  - all relevant information for the product category envisaged,  - the quality system's documentation,  - if applicable, the technical documentation of the approved type and a copy of the EC type-examination certificate.  3.2. Under the quality system, each product must be examined and appropriate tests as set out in the relevant standard(s) referred to in Article 5 or equivalent tests shall be carried out in order to ensure its conformity with the relevant requirements  of the directive. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation must ensure  a common understanding of the quality programmes, plans, manuals and records.  It must contain in particular and adequate description of:  - the quality objectives and the organizational structure, responsibilities and powers of the management with regard to product quality,  - the examinations and tests that will be carried out after manufacture,  - the means to monitor the effective operation of the quality system,  - quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.  3.3. The notified body must assess the quality system to determine whether it satisfies the requirements referred to in point 3.2. It presumes conformity with these requirements in respect of quality systems that implement the relevant harmonized  standard (18)().  The auditing team must have at least one member experienced as an assessor in the product technology concerned. The assessment procedure must include an assessment visit to the manufacturer's premises.  The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.  3.4. The manufacturer must undertake to discharge the obligations arising from the quality system as approved and to maintain it in an appropriate and efficient manner.  The manufacturer or his authorized representative must keep the notified body which has approved the quality system informed of any intended updating of the quality system.  The notified body must evaluate the modifications proposed and decide whether the modified quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a re-assessment is required.  It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.  4. Surveillance under the responsibility of the notified body 4.1. The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.  4.2. The manufacturer must allow the notified body entrance for inspection purposes to the locations of inspection, testing and storage and shall provide it with all necessary information, in particular:  - the quality system documentation,  - the technical documentation,  - the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.  4.3. The notified body must periodically (19)() carry out audits to ensure that the manufacturer maintains and applies the quality system and must provide an audit report to the manufacturer.  4.4. Additionally, the notified body may pay unexpected visits to the manufacturer. At the time of such visits, the notified body may carry out tests or have them carried out in order to check the proper functioning of the quality system where  necessary; it must provide the manufacturer with a visit report and, if a test has been carried out, with a test report.  5. The manufacturer must, for a period ending at least 10 years (20)() after the last product has been manufactured, keep at the disposal of the national authorities:  - the documentation referred to in the third indent of point 3.1,  - the updating referred to in the second paragraph of point 3.4,  - the decisions and reports from the notified body which are referred to in the final paragraph of point 3.4, points 4.3 and 4.4.  6. Each notified body must forward to the other notified bodies the relevant information concerning the quality system approvals issued and withdrawn (21)().  Module F (22)() (product verification) 1. This module describes the procedure whereby a manufacturer or his authorized representative established within the Community checks and attests that the products subject to the provisions of point 3 [are in conformity with the type as described in  the EC-type examination certificate and] satisfy the requirements of the directive that apply to them.  2. The manufacturer must take all measures necessary in order that the manufacturing process ensures conformity of the products [with the type as described in the EC type-examination certificate and] with the requirements of the directive that apply to  them. He shall affix the CE marking to each product and shall draw up a declaration of conformity.  3. The notified body must carry out the appropriate examinations and tests in order to check the conformity of the product with the requirements of the directive either by examination and testing of every product as specified in point 4 or by  examination and testing of products on a statistical basis, as specified in point 5, at the choice of the manufacturer (23)().  3a. The manufacturer or his authorized representative must keep a copy of the declaration of conformity for a period ending at least 10 years (24)() after the last product has been manufactured.  4. Verification by examination and testing of every product 4.1. All products must be individually examined and appropriate tests as set out in the relevant standard(s) referred to in Article 5 or equivalent tests shall be carried out in order to verify their conformity with [the type as described in the EC-type  examination certificate and] the requirements of the directive that apply to them.  4.2. The notified body must affix or cause to be affixed, its identification symbol to each approved product and draw up a written certificate of conformity relating to the tests carried out.  4.3. The manufacturer or his authorized representative must ensure that he is able to supply the notified body's certificates of conformity on request.  5. Statistical verification 5.1. The manufacturer must present his products in the form of homogeneous lots and shall take all measures necessary in order that the manufacturing process ensures the homogeneity of each lot produced.  5.2. All products must be available for verification in the form of homogeneous lots. A random sample shall be drawn from each lot. Products in a sample shall be individually examined and appropriate tests as set out in the relevant standard(s) referred  to in Article 5, or equivalent tests, shall be carried out to ensure their conformity with the requirements of the directive which apply to them and to determine whether the lot is accepted or rejected.  5.3. The statistical procedure must use the following elements:  (Relevant elements must be specified here such as, for example, the statistical method to be applied, the sampling plan with its operational characteristics, etc.) 5.4. In the case of accepted lots, the notified body must affix, or cause to be affixed, its identification symbol to each product and shall draw up a written certificate of conformity relating to the tests carried out. All products in the lot may be  put on the market except those products from the sample which were found not to be in conformity.  If a lot is rejected, the notified body or the competent authority must take appropriate measures to prevent the putting on the market of that lot. In the event of frequent rejection of lots the notified body may suspend the statistical verification.  The manufacturer may, under the responsibility of the notified body, affix the latter's identification symbol during the manufacturing process.  5.5. The manufacturer or his authorized representative must ensure that he is able to supply the notified body's certificates of conformity on request.  Module G (unit verification) 1. This module describes the procedure whereby the manufacturer ensures and declares that the product concerned, which has been issued with the certificate referred to in point 2, conforms to the requirements of the directive that apply to it. The  manufacturer or his authorized representative established within the Community must affix the CE marking to the product and draw up a declaration of conformity.  2. The notified body must examine the individual product and carry out the appropriate tests as set out in the relevant standard(s) referred to in Article 5, or equivalent tests, to ensure its conformity with the relevant requirements of the directive.   The notified body must affix, or cause to be affixed, its identification number on the approved product and shall draw up a certificate of conformity concerning the tests carried out.  3. The aim of the technical documentation is to enable conformity with the requirements of the directive to be assessed and the design, manufacture and operation of the product to be understood (25)().  Module H (full quality assurance) 1. This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 2 ensures and declares that the products concerned satisfy the requirements of the directive that apply to them. The manufacturer or his  authorized representative established within the Community must affix the CE marking to each product and draw up a written declaration of conformity. The CE marking must be accompanied by the identification symbol of the notified body responsible for  the surveillance as specified in point 4.  2. The manufacturer must operate an approved quality system for design, manufacture and final product inspection and testing as specified in point 3 and shall be subject to surveillance as specified in point 4.  3. Quality system 3.1. The manufacturer must lodge an application for assessment of his quality system with a notified body.  The application must include:  - all relevant information for the product category envisaged,  - the quality system's documentation.  3.2. The quality system must ensure compliance of the products with the requirements of the directive that apply to them.  All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation shall ensure a common  understanding of the quality policies and procedures such as quality programmes, plans, manuals and records.  It must contain in particular an adequate description of:  - the quality objectives and the organizational structure, responsibilities and powers of the management with regard to design and product quality,  - the technical design specifications, including standards, that will be applied and, where the standards referred to in Article 5 will not be applied in full, the means that will be used to ensure that the essential requirements of the directive that  apply to the products will be met,  - the design control and design verification techniques, processes and systematic actions that will be used when designing the products pertaining to the product category covered, - the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used,  - the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out,  - the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.,  - the means to monitor the achievement of the required design and product quality and the effective operation of the quality system.  3.3. The notified body must assess the quality system to determine whether it satisfies the requirements referred to in point 3.2. It shall presume compliance with these requirements in respect of quality systems that implement the relevant harmonized  standard (26)().  The auditing team must have at least one member experienced as an assessor in the product technology concerned. The evaluation procedure shall include an assessment visit to the manufacturer's premises.  The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.  3.4. The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to uphold it so that it remains adequate and efficient.  The manufacturer or his authorized representative must keep the notified body that has approved the quality system informed of any intended updating of the quality system.  The notified body must evaluate the modifications proposed and decide whether the amended quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a re-assessment is required.  It must notify its decision to the manufacturer. The notification shall contain the conclusions of the examination and the reasoned assessment decision.  4. EC surveillance under the responsibility of the notified body 4.1. The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.  4.2. The manufacturer must allow the notified body entrance for inspection purposes to the locations of design, manufacture, inspection and testing, and storage, and shall provide it with all necessary information, in particular:  - the quality system documentation,  - the quality records as foreseen by the design part of the quality system, such as results of analyses, calculations, tests, etc.,  - the quality records as foreseen by the manufacturing part of the quality system, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.  4.3. The notified body must periodically (27)() carry out audits to make sure that the manufacturer maintains and applies the quality system and shall provide an audit report to the manufacturer.  4.4. Additionally the notified body may pay unexpected visits to the manufacturer. At the time of such visits, the notified body may carry out tests or have them carried out in order to check the proper functioning of the quality system where necessary;  it must provide the manufacturer with a visit report and, if a test has been caried out, with a test report.  5. The manufacturer must, for a period ending at least 10 years (28)() after the last product has been manufactured, keep at the disposal of the national authorities:  - the documentation referred to in the second indent of the second subparagraph of point 3.1,  - the updating referred to in the second subparagraph of point 3.4,  - the decisions and reports from the notified body which are referred to in the final subparagraph of point 3.4, points 4.3 and 4.4.  6. Each notified body must forward to the other notified bodies the relevant information concerning the quality system approvals issued and withdrawn (29)().  Possible supplementary requirements:  Design examination 1. The manufacturer must lodge an application for examination of the design with a single notified body.  2. The application must enable the design, manufacture and operation of the product to be understood, and shall enable conformity with the requirements of the directive to be assessed.  It must include:  - the technical design specifications, including standards, that have been applied,  - the necessary supporting evidence for their adequacy, in particular where the standards referred to in Article 5 have not been applied in full. This supporting evidence must include the results of tests carried out by the appropriate laboratory of the  manufacturer or on his behalf.  3. The notified body must examine the application and where the design meets the provisions of the directive that apply to it must issue an EC design examination certificate to the applicant. The certificate shall contain the conclusions of the  examination, conditions for its validity, the necessary data for identification of the approved design and, if relevant, a description of the product's functioning.  4. The applicant must keep the notified body that has issued the EC design examination certificate informed of any modification to the approved design. Modifications to the approved design must receive additional approval from the notified body that  issued the EC design examination certificate where such changes may affect the conformity with the essential requirements of the directive or the prescribed conditions for use of the product. This additional approval is given in the form of an addition  to the original EC design examination certificate.  5. The notified bodies must forward to the other notified bodies the relevant information concerning:  - the EC design examination certificates and additions issued,  - the EC design approvals and additional approvals withdrawn (30)().  (1)() The specific directives may provide for different arrangements.(2)() The specific directives may alter this period.(3)() The content of the technical documentation shall be laid down directive by directive in accordance with the products  concerned. For example, the documentation must contain so far as relevant for assessment: - a general description of the product, - conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc., - descriptions  and explanations necessary for the understanding of said drawings and schemes and the operation of the product, - a list of the standards referred to in Article 5, applied in full or in part, and descriptions of the solutions adopted to meet the  essential requirements of the directive where the standards referred to in Article 5 have not been applied, - results of design calculations made, examinations carried out, etc., - test reports.(4)() If this option is adopted in a specific directive,  the products concerned and the tests to be carried out must be specified.(5)() A type may cover several versions of the product provided that the differences between the versions do not affect the level of safety and the other requirements concerning  the performance of the product.(6)() The content of the technical documentation must be laid down directive by directive in accordance with the products concerned. For example, the documentation must contain as far as is relevant for assessment: - a  general type-description, - conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc., - descriptions and explanations necessary for the understanding of said drawings and schemes and the operation of the  product, - a list of the standards referred to in Article 5, applied in full or in part, and descriptions of the solutions adopted to meet the essential requirements of the directive where the standards referred to in Article 5 have not been applied, -  results of design calculations made, examinations carried out, etc., - test reports.(7)() The specific directives may provide for the certificate to have a period of validity.(8)() The specific directives may provide for different arrangements.(9)() The  specific directives may alter this period.(10)() If this option is adopted in a specific directive, the products concerned and the tests to be carried out must be specified.(11)() The specific directives may alter this period.(12)() Where this module is  used without module B: - points 2 and 3 of module A must be added between points 1 and 2 in order to incorporate the need for technical documentation, - the words in square brackets must be deleted.(13)() This harmonized standard will be EN 29 002,  supplemented, if necessary, to take into account the specific nature of the products for which it is implemented.(14)() In the specific directives, the frequency may be specified.(15)() The specific directives may alter this period.(16)() The specific  directives may provide for different arrangements.(17)() When this module is used without module B: - points 2 and 3 of module A must be added between points 1 and 2 in order to incorporate the need for technical documentation, - the words in square  brackets must be deleted.(18)() This harmonized standard will be EN 29 003, supplemented if necessary to allow for the specific features of the products for which it is implemented.(19)() The intervals between audits may be specified in the specific  directives.(20)() The specific directives may alter this period.(21)() The specific directives may provide for different arrangements.(22)() Where this module is used without module B: - it must be supplemented by points 2 and 3 of module A (between  points 1 and 2), so as to introduce the need for technical documentation, - the next in square brackets must be deleted.(23)() The manufacturer's discretion may be limited in the specific directives.(24)() The specific directives may alter this  period.(25)() The content of the technical documentation shall be laid down directive by directive in accordance with the products concerned. As an example, the documentation shall contain so far as relevant for assessment: - a general description of  the product, - conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc., - descriptions and explanations necessary for the understanding of said drawings and schemes and the operation of the product, - a  list of the standards referred to in Article 5, applied in full or in part, and descriptions of the solutions adopted to meet the essential requirements of the directive where the standards referred to in Article 5 have not been applied, - results of  design calculations made, examinations carried out, etc., - test reports.(26)() This harmonized standard shall be EN 29 001, completed if necessary to take into consideration the specificity of the products for which it is implemented.(27)() In the  specific directives, the frequency may be specified.(28)() The specific directives may alter this period.(29)() The specific directives may provide for different arrangements.(30)() The specific directives may provide for different arrangements.