title: 2014/871/EU: Council Decision of 1 December 2014 on the position to be taken, on behalf of the European Union, at the Eighth Conference of the Parties to the Convention on the Transboundary Effects of Industrial Accidents with regard to the proposal for an amendment of Annex I to that Convention

text:
               5.12.2014

               EN

               Official Journal of the European Union

               L 349/50

         COUNCIL DECISION
   of 1 December 2014
   on the position to be taken, on behalf of the European Union, at the Eighth Conference of the Parties to the Convention on the Transboundary Effects of Industrial Accidents with regard to the proposal for an amendment of Annex I to that Convention

      (2014/871/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Union is a Party to the Convention on the Transboundary Effects of Industrial Accidents done at Helsinki on 17 March 1992 (1) (‘the Convention’).

               (2)

               Annex I to the Convention contains categories and named hazardous substances for the purpose of defining hazardous activities.

               (3)

               In accordance with Article 26(4) of the Convention, any amendment to Annex I to the Convention shall become effective, for those Parties to the Convention which have not notified their objection, 12 months after its communication to the Parties by the Executive Secretary upon its adoption at the Conference of the Parties by a nine-tenths majority of the Parties present and voting at the meeting, provided that at least sixteen Parties have not notified objections.

               (4)

               The text of the proposal for an amendment to Annex I to the Convention was agreed within the Working Group on the Development of the Convention, endorsed by the Bureau of the Convention, and will be proposed for adoption at the Eighth Conference of the Parties taking place in Geneva from 3 to 5 December 2014.

               (5)

               The amendment to Annex I to the Convention would fully align that Annex to Annex I to Directive 2012/18/EU of the European Parliament and of the Council (2).

               (6)

               The amendment to Annex I to the Convention should therefore be approved.

               (7)

               At the time of the conclusion of the Convention, the Union made reservations concerning the application of the Convention in accordance with the Community's internal rules. Those reservations were based on discrepancies between Annex I to the Convention and the Union legislation in force. Those discrepancies will no longer exist after Annex I to the Convention has been amended. Those reservations should, therefore, be lifted once the amendment to Annex I to the Convention has become effective,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on the Union's behalf at the Eighth Conference of the Parties to the Convention on the Transboundary Effects of Industrial Accidents shall be to support, in substance, the proposed amendment of Annex I to the Convention including the corrigendum thereto as attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to withdraw on behalf of the Union the remaining reservations made pursuant to Decision 98/685/EC (3) subject to the amendment to Annex I to the Convention referred to in Article 1 of this Decision becoming effective pursuant to Article 26(4) of the Convention.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 1 December 2014.

            For the Council

            The President

         B. LORENZIN

      (1)  OJ L 326, 3.12.1998, p. 5.

      (2)  Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p. 1).

      (3)  Council Decision 98/685/EC of 23 March 1998 concerning the conclusion of the Convention on the Transboundary Effects of Industrial Accidents (OJ L 326, 3.12.1998, p. 1).

      DRAFT DECISION AMENDING ANNEX I TO THE CONVENTION
      Submitted by the Working Group on the Development of the Convention
      The Conference of the Parties,
      Recognizing the need to update the categories of substances and mixtures and the named substances and their threshold quantities, as contained in annex I to the Convention on the Transboundary Effects of Industrial Accidents, for the purposes of introducing the criteria of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (ST/SG/AC.10/30/Rev.4) and of maintaining consistency with the corresponding European Union legislation,
      Bearing in mind its decision to undertake a revision of the hazardous substances and their quantities as contained in annex I and its decision 2004/4 on establishing the Working Group on the Development of the Convention,
      Acknowledging the proposal to amend annex I, drawn up by the Working Group on the basis of a thorough review,
      Amends annex I to the Convention on hazardous substances for the purposes of defining hazardous activities by replacing it with the text set out in the annex to this decision.

      ANNEX

         HAZARDOUS SUBSTANCES FOR THE PURPOSES OF DEFINING HAZARDOUS ACTIVITIES
          (1)

      Where a substance or mixture named in Part II also falls within one or more categories in Part I, the threshold quantity given in Part II shall be used.
      For the identification of hazardous activities, Parties shall take into consideration the actual or anticipated hazardous properties and/or quantities of all hazardous substances present or of hazardous substances which it is reasonable to foresee may be generated during loss of control of an activity, including storage activities, within a hazardous activity.
      Part I.
      Categories of substances and mixtures not specifically named in Part II

                  Category in accordance with the United Nations Globally Harmonized System (GHS) of Classification and Labelling of Chemicals

                  Threshold quantity
                  (metric tons)

                              1.

                              Acute toxic, Category 1, all exposure routes (2)

                  20

                              2.

                              Acute toxic:

                                          Category 2, all exposure routes (3)

                                          Category 3, inhalation exposure route (4)

                  200

                              3.

                              Specific Target Organ Toxicity (STOT) — Single Exposure (SE) STOT, Category 1 (5)

                  200

                              4.

                              Explosives — unstable explosives or explosives, where the substance, mixture or article falls under Division 1.1, 1.2, 1.3, 1.5 or 1.6 of Chapter 2.1.2 of the GHS criteria or substances or mixtures having explosive properties according to Test series 2 of Part I of the UN Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria (Manual of Tests and Criteria) and do not belong to the hazard classes Organic peroxides or Self-reactive substances and mixtures (6)
                                  (7)

                  50

                              5.

                              Explosives, where the substance, mixture or article falls under Division 1.4 of Chapter 2.1.2 of the GHS (7)
                                  (8)

                  200

                              6.

                              Flammable gases, Category 1 or 2 (9)

                  50

                              7.

                              Aerosols (10), Category 1 or 2, containing flammable gases Category 1 or 2 or flammable liquids Category 1

                  500 (net)

                              8.

                              Aerosols, Category 1 or 2, not containing flammable gases Category 1 or 2 nor flammable liquids Category 1 (11)

                  50 000 (net)

                              9.

                              Oxidizing gases, category 1 (12)

                  200

                              10.

                              Flammable liquids:

                                          Flammable liquids, Category 1, or

                                          Flammable liquids, Category 2 or 3, maintained at a temperature above their boiling point (13), or

                                          Other liquids with a flash point ≤ 60 °C, maintained at a temperature above their boiling point (14)

                  50

                              11.

                              Flammable liquids:

                                          Flammable liquids, Category 2 or 3, where particular processing conditions, such as high pressure or high temperature, may create industrial accident hazards (15), or

                                          Other liquids with a flash point ≤ 60 °C where particular processing conditions, such as high pressure or high temperature, may create industrial accident hazards

                  200

                              12.

                              Flammable liquids, Categories 2 or 3, not covered by 10 and 11 (16)

                  50 000

                              13.

                              Self-reactive substances and mixtures and organic peroxides:

                                          Self-reactive substances and mixtures, Type A or B or

                                          Organic peroxides, Type A or B (17)

                  50

                              14.

                              Self-reactive substances and mixtures and organic peroxides:

                                          Self-reactive substances and mixtures, Type C, D, E or F or

                                          Organic peroxides, Type C, D, E, or F (18)

                  200

                              15.

                              Pyrophoric liquids and solids, Category 1

                  200

                              16.

                              Oxidizing liquids and solids, Category 1, 2 or 3

                  200

                              17.

                              Hazardous to the aquatic environment, Category Acute 1 or Chronic 1 (19)

                  200

                              18.

                              Hazardous to the aquatic environment, Category Chronic 2 (20)

                  500

                              19.

                              Substances and mixtures which react violently with water, such as acetyl chloride, titanium tetrachloride

                  500

                              20.

                              Substances and mixtures which in contact with water emit flammable gases, Category 1 (21)

                  500

                              21.

                              Substances and mixtures which in contact with water liberate toxic gas (substances and mixtures which in contact with water or damp air, evolve gases classified for acute toxicity in category 1, 2 or 3, such as aluminium phosphide, phosphorus pentasulphide)

                  200

      Part II.
      Named substances

                  Substance

                  Threshold quantity
                  (metric tons)

                              1a.

                              Ammonium nitrate (22)

                  10 000

                              1b.

                              Ammonium nitrate (23)

                  5 000

                              1c.

                              Ammonium nitrate (24)

                  2 500

                              1d.

                              Ammonium nitrate (25)

                  50

                              2a.

                              Potassium nitrate (26)

                  10 000

                              2b.

                              Potassium nitrate (27)

                  5 000

                              3.

                              Arsenic pentoxide, arsenic (V) acid and/or salts

                  2

                              4.

                              Arsenic trioxide, arsenious (III) acid and/or salts

                  0,1

                              5.

                              Bromine

                  100

                              6.

                              Chlorine

                  25

                              7.

                              Nickel compounds in inhalable powder form: nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickel trioxide

                  1

                              8.

                              Ethyleneimine

                  20

                              9.

                              Fluorine

                  20

                              10.

                              Formaldehyde (concentration ≥ 90 %)

                  50

                              11.

                              Hydrogen

                  50

                              12.

                              Hydrogen chloride (liquefied gas)

                  250

                              13.

                              Lead alkyls

                  50

                              14.

                              Liquefied flammable gases, Category 1 or 2 (including liquefied petroleum gas) and natural gas (28)

                  200

                              15.

                              Acetylene

                  50

                              16.

                              Ethylene oxide

                  50

                              17.

                              Propylene oxide

                  50

                              18.

                              Methanol

                  5 000

                              19.

                              4, 4′-Methylene bis (2-chloraniline) and/or salts, in powder form

                  0,01

                              20.

                              Methyl isocyanate

                  0,15

                              21.

                              Oxygen

                  2 000

                              22.

                              Toluene diisocyanate (2,4 -Toluene diisocyanate and 2,6 -Toluene diisocyanate)

                  100

                              23.

                              Carbonyl dichloride (phosgene)

                  0,75

                              24.

                              Arsine (arsenic trihydride)

                  1

                              25.

                              Phosphine (phosphorus trihydride)

                  1

                              26.

                              Sulphur dichloride

                  1

                              27.

                              Sulphur trioxide

                  75

                              28.

                              Polychlorodibenzofurans and polychlorodibenzodioxins (including tetrachlorodibenzodioxin (TCDD)), calculated in TCDD equivalent (29)

                  0,001

                              29.

                              The following carcinogens or the mixtures containing the following carcinogens at concentrations above 5 % by weight:
                              4-Aminobiphenyl and/or its salts, Benzotrichloride, Benzidine and/or salts, Bis (chloromethyl) ether, Chloromethyl methyl ether, 1,2-Dibromoethane, Diethyl sulphate, Dimethyl sulphate, Dimethylcarbamoyl chloride, 1,2-Dibromo-3-chloropropane, 1,2-Dimethylhydrazine, Dimethylnitrosamine, Hexamethylphosphorictriamide, Hydrazine, 2- Naphthylamine and/or salts, 4-Nitrodiphenyl, and 1,3 Propanesultone

                  2

                              30.

                              Petroleum products and alternative fuels:

                                          (a)

                                          Gasolines and naphthas;

                                          (b)

                                          Kerosenes (including jet fuels);

                                          (c)

                                          Gas oils (including diesel fuels, home heating oils and gas oil blending streams);

                                          (d)

                                          Heavy fuel oils;

                                          (e)

                                          Alternative fuels serving the same purposes and with similar properties as regards flammability and environmental hazards as the products referred to in points (a) to (d)

                  25 000

                              31.

                              Anhydrous ammonia

                  200

                              32.

                              Boron trifluoride

                  20

                              33.

                              Hydrogen sulphide

                  20

                              34.

                              Piperidine

                  200

                              35.

                              Bis(2-dimethylaminoethyl) (methyl)amin

                  200

                              36.

                              3-(2-Ethylhexyloxy)propylamin

                  200

                              37.

                              Mixtures of sodium hypochlorite classified as Aquatic Acute Category 1 [H400] containing < than 5 % active chlorine and not classified under any of the other hazard categories in Part 1 of annex I. (30)

                  500

                              38.

                              Propylamine (31)

                  2 000

                              39.

                              Tert-butyl acrylate (31)

                  500

                              40.

                              2-Methyl-3-butenenitrile (31)

                  2 000

                              41.

                              Tetrahydro-3,5-dimethyl-1,3,5,-thiadiazine-2-thione (dazomet) (31)

                  200

                              42.

                              Methyl acrylate (31)

                  2 000

                              43.

                              Methylpyridine (31)

                  2 000

                              44.

                              Bromo-3-chloropropane (31)

                  2 000

            Corrigendum

                  1.

                  Annex, Part I, item 8
                  For Aerosols read Aerosols (10)

                  2.

                  Annex, Part I, item 11, last line
                  For industrial accident hazards read industrial accident hazards (14)

                  3.

                  Annex, Part II, item 43
                  For Methylpyridine (31) read 3-Methylpyridine (31)

                  4.

                  Annex, Notes 13, 15 and 16
                  For chapter 2.4.2 read chapter 2.6.2

         (1)  Criteria according the United Nations Globally Harmonized System (GHS) of Classification and Labelling of Chemicals (ST/SG/AC.10/30/Rev.4). Parties should use these criteria when classifying substances or mixtures for the purposes of Part I of this annex, unless other legally binding criteria have been adopted in the national legislation. Mixtures shall be treated in the same way as the pure substance, provided they remain within concentration limits set according to their properties in accordance with the GHS unless a percentage composition or other description is specifically given.

         (2)  According to the criteria in chapters 3.1.2 and 3.1.3 of GHS.

         (3)  According to the criteria in chapters 3.1.2 and 3.1.3 of GHS.

         (4)  Substances that fall within acute toxic Category 3 via the oral route shall fall under entry 2 acute toxic in those cases where neither acute inhalation toxicity classification nor acute dermal toxicity classification can be derived, for example due to lack of conclusive inhalation and dermal toxicity data.

         (5)  Substances that have produced significant toxicity in humans, or that, on the basis of evidence from studies in experimental animals can be presumed to have the potential to produce significant toxicity in humans following single exposure. Further guidance is given in figure 3.8.1. and table 3.8.1 of part 3 of GHS.

         (6)  Testing for explosive properties of substances and mixtures is only necessary if the screening procedure according to appendix 6, part 3, of the Manual of Tests and Criteria identifies the substance or mixture as potentially having explosive properties.

         (7)  The hazard class Explosives includes explosive articles. If the quantity of the explosive substance or mixture contained in the article is known, that quantity shall be considered for the purposes of this Convention. If the quantity of the explosive substance or mixture contained in the article is not known, then, for the purposes of this Convention, the whole article shall be treated as explosive.

         (8)  If Explosives of division 1.4 are unpacked or repacked, they shall be assigned to the entry 4 (Explosive), unless the hazard is shown to still correspond to Division 1.4, in accordance with GHS.

         (9)  According to the criteria in chapter 2.2.2 of GHS.

         (10)  Aerosols are classified according to the criteria in Chapter 2.3 of GHS and the Manual of Tests and Criteria, Part III, section 31 referred to therein.

         (11)  In order to use this entry, it must be documented that the aerosol dispenser does not contain flammable gas Category 1 or 2 nor flammable liquid Category 1.

         (12)  According to the criteria in chapter 2.4.2 of GHS.

         (13)  According to the criteria in chapter 2.4.2 of GHS.

         (14)  Liquids with a flash point of more than 35 °C may be regarded as non-flammable liquids for some regulatory purposes (e.g. transport) if negative results have been obtained in sustained combustibility test L.2, in part III, section 32 of the Manual of Tests and Criteria. This is, however, not valid under elevated conditions such as high temperature or pressure, and therefore such liquids are included in this entry.

         (15)  According to the criteria in chapter 2.4.2 of GHS.

         (16)  According to the criteria in chapter 2.4.2 of GHS.

         (17)  According to the criteria in chapters 2.8.2 and 2.15.2.2 of GHS.

         (18)  According to the criteria in chapters 2.8.2 and 2.15.2.2 of GHS.

         (19)  According to the criteria in chapter 4.1.2 of GHS.

         (20)  According to the criteria in chapter 4.1.2 of GHS.

         (21)  According to the criteria in chapter 2.12.2 of GHS.

         (22)  Ammonium nitrate (10 000): fertilizers capable of self-sustaining decomposition.
      This applies to ammonium nitrate–based compound/composite fertilizers (compound/composite fertilizers containing ammonium nitrate with phosphate and/or potash), which are capable of self-sustaining decomposition according to the Trough Test (see Manual of Tests and Criteria, part III, subsection 38.2), and in which the nitrogen content as a result of ammonium nitrate is:

                  (a)

                  between 15,75 % and–24,5 % by weight (15,75 % and 24,5 % nitrogen content by weight as a result of ammonium nitrate correspond to 45 % and 70 % ammonium nitrate, respectively) and which either contain not more 0,4 % total combustible/organic materials or fulfil the requirements of an appropriate test of resistance to detonation (e.g., 4-inch-steel-tube test);

                  (b)

                  15,75 % by weight or less and unrestricted combustible materials.

         (23)  Ammonium nitrate (5 000): fertilizer grade.
      This applies to straight ammonium nitrate-based fertilizers and to ammonium nitrate-based compound/composite fertilizers in which the nitrogen content as a result of ammonium nitrate is:

                  (a)

                  more than 24,5 % by weight, except for mixtures of straight ammonium nitrate-based fertilizers with dolomite, limestone and/or calcium carbonate with a purity of at least 90 %;

                  (b)

                  more than 15,75 % by weight for mixtures of ammonium nitrate and ammonium sulphate;

                  (c)

                  more than 28 % (28 % nitrogen content by weight as a result of ammonium nitrate corresponds to 80 % ammonium nitrate) by weight for mixtures of straight ammonium nitrate-based fertilizers with dolomite, limestone and/or calcium carbonate with a purity of at least 90 % and which fulfil the requirements of an appropriate test of resistance to detonation (e.g., 4-inch-steel-tube test).

         (24)  Ammonium nitrate (2 500): technical grade.
      This applies to:

                  (a)

                  Ammonium nitrate and mixtures of ammonium nitrate in which the nitrogen content as a result of ammonium nitrate is:

                              (i)

                              Between 24,5 % and–28 % by weight and which contain not more than 0,4 % combustible substances;

                              (ii)

                              More than 28 % by weight, and which contain not more than 0,2 % combustible substances;

                  (b)

                  Aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more than 80 % by weight.

         (25)  Ammonium nitrate (50): ‘off-specs’ material and fertilizers not fulfilling the requirements of an appropriate test of resistance to detonation (e.g., 4-inch-steel-tube test).
      This applies to:

                  (a)

                  Material rejected during the manufacturing process and to ammonium nitrate and mixtures of ammonium nitrate, straight ammonium nitrate-based fertilizers and ammonium nitrate-based compound/composite fertilizers referred to in notes 23 and 24 that are being or have been returned from the final user to a manufacturer, temporary storage or reprocessing plant for reworking, recycling or treatment for safe use because they no longer comply with the specifications in notes 23 and 24;

                  (b)

                  Fertilizers referred to in note 22(a) and note 23 which do not fulfil the requirements of an appropriate test of resistance to detonation (e.g., 4-inch-steel-tube test).

         (26)  Potassium nitrate (10 000): composite potassium nitrate-based fertilizers (in prilled/granular form) which have the same properties as pure potassium nitrate.

         (27)  Potassium nitrate (5 000): composite potassium nitrate-based fertilizers (in crystalline form) which have the same hazardous properties as pure potassium nitrate.

         (28)  Upgraded biogas: for the purpose of the implementation of the Convention, upgraded biogas may be classified under entry 14 of Part 2 of annex I where it has been processed in accordance with applicable standards for purified and upgraded biogas ensuring a quality equivalent to that of natural gas, including the content of methane, and which has a maximum of 1 % oxygen.

         (29)  Polychlorodibenzofurans and polychlorodibenzodioxins.
      The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are calculated using the following World Health Organization (WHO) human and mammalian toxic equivalency factors for dioxins and dioxin-like compounds (TEF) as re-evaluated in 2005:
      WHO 2005 TEF

                  Dioxins

                  TEF

                  Furans

                  TEF

                  2,3,7,8-TCDD

                  1

                  2,3,7,8-TCDF

                  0,1

                  1,2,3,7,8-PeCDD

                  1

                  2,3,4,7,8-PeCDF

                  0,3

                  1,2,3,4,7,8-HxCDD

                  0,1

                  1,2,3,7,8-PeCDF

                  0,03

                  1,2,3,6,7,8-HxCDD

                  0,1

                  1,2,3,4,7,8-HxCDF

                  0,1

                  1,2,3,7,8,9-HxCDD

                  0,1

                  1,2,3,7,8,9-HxCDF

                  0,1

                  1,2,3,4,6,7,8-HpCDD

                  0,01

                  2,3,4,6,7,8-HxCDF

                  0,1

                  OCDD

                  0,0003

                  1,2,3,7,8,9-HxCDF

                  0,1

                  1,2,3,4,6,7,8-HpCDF

                  0,01

                  1,2,3,4,7,8,9-HpCDF

                  0,01

                  OCDF

                  0,0003

                  Abbreviations: Hx = hexa, Hp = hepta, O = octa, P = penta, T = tetra.
                  Reference: Martin Van den Berg and others, The 2005 World Health Organization Re-evaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-like Compounds, Toxicological Sciences, vol. 93, No 2 (October 2006), pp. 223-241 (2006).

         (30)  Provided that the mixture in the absence of sodium hypochlorite would not be classified as aquatic acute, Category 1.

         (31)  In cases where this dangerous substance falls within the category 10 flammable liquids or 11 flammable liquids, for the purposes of the Convention the lowest qualifying quantities shall apply.


Avis juridique important

|

31995D1107(02)

Council Decision of 23 October 1995 appointing members and alternate members of the Advisory Committee on the Training of Midwives

Official Journal C 292 , 07/11/1995 P. 0002 - 0004

COUNCIL DECISION of 23 October 1995 appointing members and alternate members of the Advisory Committee on the Training of Midwives (95/C 292/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the 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,Having regard to the Act of Accession of 1994, and in particular Article 165 (1) thereof,Whereas under the terms of Article 3 of that Decision the said Committee shall consist of three experts from each Member State and an alternate for each of these experts; whereas under the terms of Article 4 of that same Decision the terms of office of these experts and alternates shall be three years;Whereas by its Decision of 16 July 1990 (2) the Council appointed the members and alternate members of the Advisory Committee on the Training of Midwives for the 10 Member States for the period from 16 July 1990 to 15 July 1993;Whereas, by its Decision of 4 February 1991 (3), the Council appointed the Belgian and Portuguese members and alternate members and the Greek members in the category of experts from the practising profession on that Committee for the period until 15 July 1993;Whereas these members and alternate members should be appointed or replaced or their terms of office renewed on that Committee and whereas the Austrian, Finnish and Swedish members and alternate members on that Committee should be appointed;Whereas, to that end, the Governments of the 13 Member States have each submitted a list of candidates,HAS DECIDED AS FOLLOWS:Sole Article The following are hereby appointed members and alternate members of the Advisory Committee on the Training of Midwives for the period from 23 October 1995 to 22 October 1998:>TABLE>>TABLE>>TABLE>Done at Luxembourg, 23 October 1995.For the CouncilThe PresidentJ. SAAVEDRA ACEVEDO(1) OJ No L 33, 11. 2. 1980, p. 13.(2) OJ No C 186, 27. 7. 1990, p. 1.(3) OJ No C 39, 15. 2. 1991, p. 6.


title: Council Decision (EU) 2016/2077 of 17 October 2016 on the position to be adopted on behalf of the European Union at the International Maritime Organization (IMO) during the 70th session of the Marine Environment Protection Committee and the 97th session of the Maritime Safety Committee, on the adoption of amendments to MARPOL Annex VI, SOLAS Regulations II-1, SOLAS Regulations III/1.4, III/30 and III/37, SOLAS Regulations II-2/1 and II-2/10, SOLAS Regulation II-1/3-12, the STCW Convention and Code, the Fire Safety Systems Code and the 2011 Enhanced Survey Programme Code

text:
               26.11.2016

               EN

               Official Journal of the European Union

               L 320/36

         COUNCIL DECISION (EU) 2016/2077
   of 17 October 2016
   on the position to be adopted on behalf of the European Union at the International Maritime Organization (IMO) during the 70th session of the Marine Environment Protection Committee and the 97th session of the Maritime Safety Committee, on the adoption of amendments to MARPOL Annex VI, SOLAS Regulations II-1, SOLAS Regulations III/1.4, III/30 and III/37, SOLAS Regulations II-2/1 and II-2/10, SOLAS Regulation II-1/3-12, the STCW Convention and Code, the Fire Safety Systems Code and the 2011 Enhanced Survey Programme Code
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Action by the Union in the sector of maritime transport should aim at improving maritime safety and protecting the marine environment.

               (2)

               The Marine Environment Protection Committee (‘MEPC’) of the International Maritime Organization (‘IMO’), meeting at its 69th session, agreed on the establishment of a mandatory data collection system for fuel consumption and the necessary amendments to Chapter 4 of Annex VI to the International Convention for the Prevention of Pollution from Ships (‘MARPOL Annex VI’). Those amendments are expected to be adopted during the 70th session of the MEPC to be held in October 2016.

               (3)

               The Maritime Safety Committee (MSC) of the IMO, meeting at its 95th and 96th sessions, approved amendments to Regulation II-1, Regulations III/1.4, III/30 and III/37, Regulations II-2/1 and II-2/10 and Regulation II-1/3-12 of the International Convention for the Safety of Life at Sea (SOLAS), to the International Convention and Code on Standards of Training, Certification and Watchkeeping for Seafarers (‘STCW Convention and Code’), to the International Code for Fire Safety Systems (‘FSS Code’) and to the 2011 Enhanced Survey Programme Code (the ‘2011 ESP Code’). Those amendments are expected to be adopted during the 97th session of the MSC to be held in November 2016.

               (4)

               The amendments to Chapter 4 of MARPOL Annex VI will establish a mandatory global data collection system for the data to be collected and reported annually by certain ships, the verification processes related to reported data, the establishment of statements of compliance, situations concerning ownership transfer, submission of the data to the IMO, anonymisation of and access to the data, as well as procedures for confirming compliance of ships flying the flag of non-parties to MARPOL Annex VI. Regulation (EU) 2015/757 of the European Parliament and of the Council (1) sets out an EU system to monitor, report and verify (MRV) CO2 emissions and energy efficiency from shipping. It applies to all ships over 5 000 gross tons arriving at, within or departing from ports under the jurisdiction of a Member State from 1 January 2018 onwards, irrespective of where the ships are registered.

               (5)

               Article 22 of Regulation (EU) 2015/757 includes a review clause in the event of an international agreement in this field. The adoption of the amendments to Chapter 4 of MARPOL Annex VI will start such a review process, which may lead to a proposal to amend Regulation (EU) 2015/757 in order to ensure alignment, to the extent appropriate, with the global data collection system agreed in the IMO.

               (6)

               The amendments to SOLAS Regulations II-1/1, II-1/2, II-1/3, II-1/4, II-1/5, II-1/6, II-1/7, II-1/8-1, II-1/9, II-1/10, II-1/12, II-1/13, II-1/15 — 17, II-1/19, II-1/21 — 22 and II-1/35 will introduce editorial and consequential changes, as well as changes that concern subdivision and damage stability requirements to improve passenger ship survivability in case of damage. Directive 2009/45/EC of the European Parliament and of the Council (2) applies to passenger ships and high-speed passenger craft which are engaged in domestic voyages. Article 6(2)(a)(i) of that Directive provides that new passenger ships of Class A are to comply entirely with the requirements of the 1974 SOLAS Convention, as amended.

               (7)

               The amendments to SOLAS Regulation II-1/1.2, the new SOLAS Regulation II-1/19-1, and the amendments to SOLAS Regulations III/1.4, III/30 and III/37 concerning damage control drills form part of a comprehensive approach to enhance the survivability after flooding with the intention of improving safety on new and existing passenger ships. Directive 2008/106/EC of the European Parliament and of the Council (3), and in particular Regulation V/2 of Chapter V of Annex I, includes mandatory minimum requirements for the training and qualifications of masters, officers, ratings and other personnel on passenger ships. The STCW Convention, which has been incorporated into Union law by means of Directive 2008/106/EC, includes training requirements on ship stability in the relevant tables of competences of the STCW Code.

               (8)

               The amendments to SOLAS Regulations II-2/1 and II-2/10 will provide that foam-type extinguishers of at least 135 l capacity are no longer to be required in boiler rooms in the case of domestic boilers of less than 175 kW, or boilers protected by fixed water-based local application fire-extinguishing systems. Article 6(2)(a)(i) of Directive 2009/45/EC provides that new passenger ships of Class A are to comply entirely with the requirements of the 1974 SOLAS Convention, as amended. In addition, SOLAS Regulations II-2/1 and II-2/10 are applicable to new Class B, C and D and existing Class B passenger ships in accordance with Annex I, Chapter II-2 Part A, point 6.7 (‘Fire-extinguishing arrangements in machinery spaces’) of Directive 2009/45/EC, in which it is established that machinery spaces and boiler rooms should be equipped with portable systems.

               (9)

               The amendments to SOLAS Regulation II-1/3-12 will address a gap in the current Regulation concerning the application of the Code on Noise Levels on Board Ships for ships for which the building contract is placed before 1 July 2014 and the keels of which are laid or which are at a similar stage of construction on or after 1 January 2015 and the delivery of which is not before 1 July 2018. Article 3 of Directive 2003/10/EC of the European Parliament and of the Council (4) lays down minimum requirements for the protection of workers and sets exposure limit values and exposure action values. Furthermore, as relevant secondary legislation, Article 6(2)(a)(i) of Directive 2009/45/EC makes the application of the 1974 SOLAS Convention, as amended, applicable to new Class A ships, and Annex I PART C, Regulation 15 of that Directive lays down measures for noise reduction in machinery spaces for new Class B, C and D ships.

               (10)

               The amendments to the STCW Convention and Code relating to passenger-ship specific training and to Parts A and B of the STCW Code will address new challenges posed by the increased size of modern cruise ships and the large number of passengers on board and comprise four distinct levels of training and familiarization: passenger ship emergency familiarization, passenger ship crowd management training, passenger ship crisis management and human behaviour training, and ro-ro passenger ship training. Directive 2008/106/EC, in particular Regulation V/2 of Chapter V of Annex I, includes mandatory minimum requirements for the training and qualifications of masters, officers, ratings and other personnel on passenger ships.

               (11)

               The amendments to Chapter 13 of the FSS Code will clarify that the calculations of the dimension of means of escape, which are made on the basis of the total number of persons expected to escape by the stairway and through doorways, corridors and landings, are to be made separately for two different cases of occupancy of the specified spaces. Article 6(2)(a)(i) of Directive 2009/45/EC establishes that new passenger ships of Class A are to comply entirely with the requirements of the 1974 SOLAS Convention, as amended. Furthermore, Chapter II-2, Part A, of Annex I of Directive 2009/45/EC applies the FSS Code adopted by Resolution MSC.98(73), to Class B, C and D ships constructed on or after 1 January 2003.

               (12)

               To the extent that the amendments to SOLAS Regulations II-1/1, II-1/2, II-1/3, II-1/4, II-1/5, II-1/6, II-1/7, II-1/8-1, II-1/9, II-1/10, II-1/12, II-1/13, II-1/15 — 17, II-1/19, II-1/21 — 22 and II-1/35, SOLAS Regulations II-2/1 and II-2/10 and Chapter 13 of the FSS Code may affect the provisions of Directive 2009/45/EC regarding passenger ships and high-speed passenger craft which are engaged on domestic voyages, those amendments fall under the exclusive competence of the Union.

               (13)

               The amendments to the 2011 ESP Code will provide alignment with the updated Unified Requirements Z10 series of the International Association of Classification Societies Uniform Requirements (IACS UR Z10 series), which concern survey and certification requirements. Articles 5 and 6 of Regulation (EU) No 530/2012 of the European Parliament and of the Council (5) make mandatory the application of the IMO's Condition Assessment Scheme (CAS) to single hull oil tankers above 15 years of age. The Enhanced Programme of Inspections during surveys of Bulk Carriers and Oil tankers or Enhanced Survey Programme (ESP) specifies how to undertake this intensified assessment. As CAS uses ESP as the tool to achieve its aim, any changes to the ESP inspections will automatically be applicable through Regulation (EU) No 530/2012.

               (14)

               The Union is neither a member of the IMO nor a contracting party to the relevant conventions and codes. It is therefore necessary for the Council to authorise the Member States to express the position of the Union and express their consent to be bound by those amendments, to the extent that they fall under the exclusive competence of the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the Union at the 70th session of the IMO Marine Environment Protection Committee shall be to agree to the adoption of the amendments to Chapter 4 of MARPOL Annex VI, as laid down in Annex 7 to IMO document MEPC 69/21/Add.1.
   Article 2
   1.   The position to be adopted on behalf of the Union at the 97th session of the IMO Maritime Safety Committee shall be to agree to the adoption of the following amendments to:

               (a)

               SOLAS Regulations II-1/1, II-1/2, II-1/3, II-1/4, II-1/5, II-1/6, II-1/7, II-1/8-1, II-1/9, II-1/10, II-1/12, II-1/13, II-1/15 — 17, II-1/19, II-1/21 — 22 and II-1/35 as laid down in Annex 1 to IMO Circular Letter No 3644 of 20 May 2016;

               (b)

               SOLAS Regulation II-1/1.2, a new regulation II-1/19-1, and amendments to SOLAS Regulations III/1.4, III/30 and III/37 as laid down in Annex 1 to IMO Circular Letter No 3644 of 20 May 2016;

               (c)

               SOLAS Regulations II-2/1 and II-2/10 as laid down in Annex 1 to IMO Circular Letter No 3644 of 20 May 2016;

               (d)

               SOLAS Regulation II-1/3-12 as laid down in Annex 1 to IMO Circular Letter No 3644 of 20 May 2016;

               (e)

               The STCW Convention and Code relating to passenger-ship specific training and to parts A and B of the STCW Code as laid down in Annexes 8, 9 and 10 to IMO Document MSC 96/25/Add.1;

               (f)

               Chapter 13 of the FSS Code as laid down in Annex 2 to IMO Circular Letter No 3644 of 20 May 2016;

               (g)

               The 2011 ESP Code as laid down in Annex 4 to IMO Circular Letter No 3644 of 20 May 2016.

         2.   If the amendments to SOLAS Regulation II-1/6 referred to in point (a) of paragraph 1 are reviewed at the 97th session of the IMO Maritime Safety Committee, the position to be adopted on behalf of the Union shall be to agree to changes to those amendments that improve the current safety levels.
   Article 3
   1.   The position to be adopted on behalf of the Union as set out in Articles 1 and 2 shall be expressed by the Member States, which are members of the IMO, acting jointly in the interest of the Union.
   2.   Minor changes to the positions referred to in Articles 1 and 2 may be agreed upon without further decision of the Council.
   Article 4
   Member States are hereby authorised to give their consent to be bound, in the interest of the Union, by the amendments referred to in Articles 1 and 2, to the extent that they fall under the exclusive competence of the Union.
   Article 5
   This Decision is addressed to the Member States.

      Done at Luxembourg, 17 October 2016.

            For the Council

            The President

         L. SÓLYMOS

      (1)  Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).

      (2)  Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (OJ L 163, 25.6.2009, p. 1).

      (3)  Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (OJ L 323, 3.12.2008, p. 33).

      (4)  Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (OJ L 42, 15.2.2003, p. 38).

      (5)  Regulation (EU) No 530/2012 of the European Parliament and of the Council of 13 June 2012 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers (OJ L 172, 30.6.2012, p. 3).


title: 2011/589/EU: Decision of the European Parliament of 10 May 2011 on the closure of the accounts of the European Network and Information Security Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/190

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on the closure of the accounts of the European Network and Information Security Agency for the financial year 2009
   (2011/589/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Network and Information Security Agency for the financial year 2009, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

               —

               having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (3), and in particular Article 17 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0105/2011),

               1.

               Approves the closure of the accounts of the European Network and Information Security Agency for the financial year 2009;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Network and Information Security Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 16.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 77, 13.3.2004, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 72.


Avis juridique important

|

31996D0402(01)

Council Decision of 11 March 1996 appointing two members and three alternate members of the Advisory Committee on the Training of Midwives

Official Journal C 099 , 02/04/1996 P. 0003 - 0003

COUNCIL DECISIONof 11  March 1996appointing two members and three alternate members of the Advisory Committee on the  Training of Midwives(96/C  99/02)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 D. SPRONKEN-VERSCHUREN,  a member, and Ms M.  C.  M. van den BOOGAARD, an alternate member of the Committee for the period  ending 22 October 1998; Whereas, by the same Decision, the Council appointed Ms Ruth ASHTON, a member for the same period; Whereas the Netherlands Government has nominated Ms M.  C.  M. van den BOOGAARD to replace Ms D.  SPRONKEN-VERSCHUREN, and Ms A. SCHOON to replace Ms M.  C.  M. van den BOOGAARD, Whereas the United Kingdom Government has nominated Ms C. McCORMICK to replace Ms Ruth M. ASHTON; Whereas the Greek Government has nominated Ms Anna DRAGIOTOU-APOSTOLIDOU as an alternate member; Whereas the Portuguese Government has nominated Ms Maria Helena ROCHA DA COSTA as an alternate  member, HAS DECIDED AS FOLLOWS: Article 1 Ms M.  C.  M. van den BOOGAARD is hereby appointed a member of the  Advisory Committee on the Training of Midwives in place of Ms D. SPRONKEN-VERSCHUREN for the  remainder of her term of office, which ends on 22 October 1998. Article 2 Ms A. SCHOON is hereby appointed an alternate member of the Advisory Committee on the  Training of Midwives in place of Ms M.  C.  M. van den BOOGAARD for the remainder of her term of  office, which ends on 22 October 1998. Article 3 Ms C. McCORMICK is hereby appointed a member of the Advisory Committee on the Training  of Midwives in place of Ms Ruth M. ASHTON for the remainder of her term of office, which ends on 22  October 1998. Article 4 Ms Anna DRAGIOTOU-APOSTOLIDOU is hereby appointed an alternate member of the Advisory  Committee on the Training of Midwives for the period which ends on 22 October 1998. Article 5 Ms Maria Helena ROCHA DA COSTA is hereby appointed an alternate member of the Advisory  Committee on the Training of Midwives for the period which ends on 22 October 1998. Done at Brussels, 11 March 1996. For the CouncilThe PresidentG. CARAVALE(1) OJ No L 33, 11. 2. 1980, p. 13.  (2) OJ No C 292, 7. 11. 1995, p. 2.


title: Decision No 1673/2006/EC of the European Parliament and of the Council of 24 October 2006 on the financing of European standardisation

text:
               15.11.2006

               EN

               Official Journal of the European Union

               L 315/9

      DECISION No 1673/2006/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 24 October 2006
   on the financing of European standardisation
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, in particular Articles 95 and 157(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               European standardisation is a voluntary activity performed by and on behalf of parties interested in establishing standards and other standardisation products in response to their needs. These standardisation products are drawn up by the European Committee for Standardisation, the European Committee for Electrotechnical Standardisation and the European Telecommunications Standards Institute, bodies listed in Annex I to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (3) (hereinafter European standardisation bodies).

               (2)

               Directive 98/34/EC allows the Commission, after consulting the committee set up by the Directive, to submit requests for standardisation to the European standardisation bodies. General Guidelines for the Cooperation between CEN, Cenelec and ETSI and the European Commission and the European Free Trade Association of 28 March 2003 (4) set out the partnership relationships between European standardisation bodies and the Community and the European Free Trade Association, which also provides support for European standardisation.

               (3)

               It is necessary for the Community to contribute to the financing of European standardisation in view of the latter's useful role in supporting its legislation and policies. On the one hand, European standardisation contributes to the functioning and strengthening of the internal market, thanks especially to the New Approach directives in the fields of health, safety and environmental and consumer protection, and to ensuring interoperability in fields such as transport. On the other hand, European standardisation helps to boost the competitiveness of enterprises by facilitating in particular the free movement of goods and services, network interoperability, means of communication, technological development and innovation in activities such as information technology. Therefore, it is appropriate to include in this Decision the financing of European standardisation activities in the field of information technologies and telecommunications, which is also governed, in particular, by Council Decision 87/95/EEC of 22 December 1986 on standardisation in the field of information technology and telecommunications (5).

               (4)

               This Decision should provide an explicit, complete and detailed legal basis for the Community's financing of all the European standardisation activities required to implement its policies and legislation.

               (5)

               It is necessary to ensure that small and medium-sized enterprises, particularly small, micro and craft enterprises, are able to apply European standards. These standards should therefore be designed and adapted to take account of the characteristics and environment of such enterprises.

               (6)

               Community financing should seek to establish standards or other standardisation products, to facilitate their use by enterprises through their translation into the various official Community languages, to strengthen the cohesion of the European standardisation system and to ensure fair and transparent access to European standards for all market players throughout the European Union. This is especially important in cases where the use of standards enables compliance with Community legislation.

               (7)

               The appropriations allocated to European standardisation activities should be fixed every year by the budgetary authority within the limits of an indicative financial envelope for a period of the relevant financial framework and should be the subject of an annual Commission decision fixing amounts and, where necessary, the maximum co-financing rates by type of activity.

               (8)

               In view of the very broad field of involvement of European standardisation in support of Community policies and legislation and the different types of standardisation activity, there should be provision for different financing arrangements. In the main, this concerns grants without calls for proposals to the European standardisation bodies in accordance with the provisions of the second subparagraph of Article 110(1) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (6) (hereinafter the Financial Regulation) and Article 168(1)(d) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Regulation (EC, Euratom) No 1605/2002 (7).

               (9)

               Furthermore, the same should apply to those bodies which, whilst not recognised as European standardisation bodies in Annex I to Directive 98/34/EC, have been mandated in a basic act and have been charged with carrying out preliminary work in support of European standardisation in cooperation with the European standardisation bodies.

               (10)

               Member States are encouraged to ensure proper national financing for standardisation tasks.

               (11)

               In addition, inasmuch as European standardisation bodies provide ongoing support for Community activities, they should have effective and efficient central secretariats. The Commission should therefore be in a position to provide grants to those bodies pursuing an objective of general European interest without applying, in the case of operating grants, the principle of annual reduction referred to in Article 113(2) of the Financial Regulation. The effective operation of European standardisation bodies also requires that national members of these bodies fulfil their obligations as to financial contributions to the European standardisation system.

               (12)

               The financing of standardisation activities should also be capable of covering preliminary or ancillary activities in connection with the establishment of standards or other standardisation products. This refers primarily to work involving research, the preparation of preliminary documents for legislation, inter-laboratory tests and the validation or evaluation of standards. In addition, the promotion of standardisation at European and international level should include carrying out programmes of technical assistance and cooperation with third countries. With a view to improving market access and boosting the competitiveness of European Union enterprises, there should consequently be provision for giving grants to other bodies through calls for proposals or, where necessary, by awarding contracts.

               (13)

               Partnership agreements are regularly signed between the Commission and European standardisation bodies in order to fix the administrative and financial rules on financing standardisation activities in accordance with the provisions of the Financial Regulation. The European Parliament and the Council should be informed of the content of these agreements.

               (14)

               In view of the specific nature of standardisation work and especially the involvement in the standardisation process of various stakeholders, it should be acknowledged that the co-financing of the activities of producing European standards or other standardisation products covered by a Community grant could be provided by contributions in kind, for instance by making experts available.

               (15)

               In order to ensure the effective implementation of this Decision, there should be the possibility of using the requisite expertise, particularly with regard to auditing and financial management, as well as administrative support resources capable of facilitating implementation, and of evaluating on a regular basis the relevance of the activities receiving Community financing in order to ensure their usefulness and impact.

               (16)

               Appropriate measures should also be taken to avoid fraud and irregularities and to recover funds unduly paid in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (8) and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (9) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (10),

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Subject
   This Decision establishes the rules concerning the Community's contribution to the financing of European standardisation in order to support the implementation of specific policies, measures, actions and Community legislation.
   Article 2
   Bodies eligible for Community financing
   Community financing may be granted to the recognised European standardisation bodies listed in Annex I to Directive 98/34/EC for the implementation of the activities listed in Article 3 of this Decision.
   However, Community financing may also be granted to other bodies for the implementation of the preliminary and ancillary work in connection with European standardisation referred to in Article 3(1)(b), as well as for the programmes referred to in Article 3(1)(f).
   Article 3
   Standardisation activities eligible for Community financing
   1.   The Community may finance the following European standardisation activities:

               (a)

               the production and revision of European standards or any other standardisation product which is necessary and suitable for the implementation of Community policies and legislation;

               (b)

               the performance of preliminary or ancillary work in connection with European standardisation, such as studies, programmes, evaluations, comparative analyses, research work, laboratory work, inter-laboratory tests and conformity evaluation work;

               (c)

               the activities of the central secretariats of the European standardisation bodies, such as policy development, the coordination of standardisation activities, the processing of technical work and the provision of information to interested parties;

               (d)

               the verification of the quality, and conformity to the corresponding Community policies and legislation, of European standards or any other standardisation product;

               (e)

               the translation, where required, of European standards or any other European standardisation product used in support of Community policies and legislation into official Community languages other than the working languages of the European standardisation bodies; the drawing up of documents to explain, interpret and simplify standards, as well as the drawing up of user guides and best practice documents;

               (f)

               activities seeking to carry out programmes of technical assistance, cooperation with third countries and the promotion and enhancement of the European standardisation system and of European standards among interested parties in the Community and at international level.

         2.   The activities referred to in paragraph (1)(a) shall be eligible for Community financing only if the committee set up by Article 5 of Directive 98/34/EC has been consulted on the requests to be submitted to the European standardisation bodies.
   Article 4
   Financing
   The appropriations allocated to the activities referred to in this Decision shall be determined each year by the budgetary authority within the limits of the financial framework.
   Article 5
   Financing arrangements
   1.   Community financing shall be provided:

               (a)

               in the form of grants without a call for proposals, to European standardisation bodies to carry out the activities referred to in Article 3 and to bodies mandated in a basic act in accordance with Article 49 of the Financial Regulation to carry out, in collaboration with the European standardisation bodies, the work referred to in Article 3(1)(b) of this Decision;

               (b)

               in the form of grants after a call for proposals, or by public procurement procedures, to other bodies to carry out, in collaboration with the European standardisation bodies, the standardisation work referred to in Article 3(1)(b) or the programmes referred to in Article 3(1)(f).

         2.   The activities of the central secretariats of the European standardisation bodies referred to in Article 3(1)(c) may be financed on the basis either of grants for actions or of operating grants. In the event of renewal, operating grants shall not be automatically decreased.
   3.   The Commission shall decide on the financing arrangements referred to in paragraphs 1 and 2, on the amounts and, where necessary, on the maximum percentage of financing by type of activity. The decisions of the Commission in this regard shall be made public.
   4.   Grant agreements may authorise flat-rate cover of the beneficiary's overheads up to a maximum of 30 % of total eligible direct costs for actions, except where the indirect costs of the beneficiary are covered through an operating grant financed from the general budget of the European Union.
   5.   Co-financing in the form of contributions in kind shall be acceptable. The evaluation of contributions in kind shall be performed in accordance with Regulation (EC, Euratom) No 2342/2002.
   6.   The common cooperation objectives and the administrative and financial conditions relating to the grants awarded to European standardisation bodies shall be defined in the framework partnership agreements signed by the Commission and the European standardisation bodies, in accordance with the Financial Regulation and Regulation (EC, Euratom) No 2342/2002. The European Parliament and the Council shall be informed of the conclusion of these agreements.
   Article 6
   Management and monitoring
   1.   The appropriations determined by the budgetary authority for the financing of standardisation activities may also cover the administrative expenses relating to the preparation, monitoring, inspection, auditing and evaluation which are directly necessary for achieving the objectives of this Decision, and particularly studies, meetings, information and publication activities, expenses relating to informatics networks for the exchange of information and any other expenditure on administrative and technical assistance which the Commission may use for standardisation activities.
   2.   The Commission shall evaluate the relevance of the standardisation activities receiving Community financing in the light of the requirements of Community policies and legislation and inform the European Parliament and the Council about the outcome of such evaluation at least every five years.
   Article 7
   Protection of the Community's financial interests
   1.   The Commission shall ensure that, when the activities financed under this Decision are implemented, the Community's financial interests are protected by the application of preventive measures against fraud, corruption and other illegal activities, by effective checks and by the recovery of amounts unduly paid and, if irregularities are detected, by effective, proportionate and dissuasive penalties, in accordance with Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96 and (EC) No 1073/1999.
   2.   For the Community activities financed pursuant to this Decision, the notion of irregularity referred to in Article 1(2) of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by an economic operator which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by it by an unjustified item of expenditure.
   3.   Any agreements and contracts resulting from this Decision shall provide for monitoring and financial control by the Commission or any representative which it authorises and for audits by the Court of Auditors, which if necessary may be conducted on the spot.
   Article 8
   Entry into force
   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      Done at Strasbourg, 24 October 2006.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         P. LEHTOMÄKI

      (1)  OJ C 110, 9.5.2006, p. 14.

      (2)  Opinion of the European Parliament of 17 May 2006 (not yet published in the Official Journal) and Council Decision of 18 September 2006.

      (3)  OJ L 204, 21.7.1998, p. 37. Directive as last amended by the Act of Accession of 2003.

      (4)  OJ C 91, 16.4.2003, p. 7.

      (5)  OJ L 36, 7.2.1987, p. 31. Decision amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

      (6)  OJ L 248, 16.9.2002, p. 1.

      (7)  OJ L 357, 31.12.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

      (8)  OJ L 312, 23.12.1995, p. 1.

      (9)  OJ L 292, 15.11.1996, p. 2.

      (10)  OJ L 136, 31.5.1999, p. 1.


Avis juridique important

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31995D0101(01)

COUNCIL DECISION of 1 January 1995 amending the Council Decision of 29 March 1994 concerning the taking of decisions by qualified majority by the Council

Official Journal C 001 , 01/01/1995 P. 0001 - 0001

COUNCIL DECISION of 1 January 1995 amending the Council Decision of 29 March 1994 concerning the taking of decisions by qualified majority by the Council (95/C 1/01)THE COUNCIL OF THE EUROPEAN UNION,HAS DECIDED AS FOLLOWS:Article 1 In Article 1 of the Council Decision of 29 March 1994 concerning the taking of decisions by qualified majority by the Council (1), the figure 26 in line 1 and the figure 68 in line 6 shall be replaced by the figures 25 and 65 respectively.Article 2 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 1 January 1995.For the CouncilThe PresidentA. JUPPÉ(1) OJ No C 105, 13. 4. 1994, p. 1.