title: 2009/544/EC: Commission Decision of 13 August 2008 establishing the ecological criteria for the award of the Community eco-label to indoor paints and varnishes (notified under document number C(2008) 4453) (Text with EEA relevance)

text:
               14.7.2009

               EN

               Official Journal of the European Union

               L 181/39

      COMMISSION DECISION

   of 13 August 2008
   establishing the ecological criteria for the award of the Community eco-label to indoor paints and varnishes
   (notified under document number C(2008) 4453)
   (Text with EEA relevance)
   (2009/544/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme (1), and in particular the second subparagraph of Article 6(1) thereof,
   Whereas:

               (1)

               Under Regulation (EC) No 1980/2000 the Community eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.

               (2)

               Regulation (EC) No 1980/2000 provides that specific eco-label criteria, drawn up on the basis of the criteria drafted by the European Union Eco-Labelling Board, are to be established according to product groups.

               (3)

               It also provides that the review of the eco-label criteria, as well as of the assessment and verification requirements related to those criteria, is to take place in due time before the end of the period of validity of the criteria specified for the product group concerned.

               (4)

               Pursuant to Regulation (EC) No 1980/2000, a timely review has been carried out of the ecological criteria, as well as of the related assessment and verification requirements established by Commission Decision 2002/739/EC of 3 September 2002 establishing revised ecological criteria for the award of the Community eco-label to indoor paints and varnishes and amending Decision 1999/10/EC (2). Those ecological criteria and the related assessment and verification requirements are valid until 28 February 2009.

               (5)

               In the light of this review, it is appropriate, in order to take account of scientific and market developments, to modify the definition of the product group and to establish new ecological criteria.

               (6)

               Decision 2002/739/EC should therefore be replaced.

               (7)

               The ecological criteria, as well as the related assessment and verification requirements, should be valid until four years from the date of notification of this Decision.

               (8)

               A transitional period should be allowed for producers whose products have been awarded the eco-label for indoor paints and varnishes before 18 August 2008 or who have applied for such an award before 18 August 2008 so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. For the sake of legal certainty, until 28 February 2009 producers should be allowed to submit applications set out under the criteria set in Decision 2002/739/EC or set out under the criteria set in this Decision. After this date only the criteria set out in this Decision should apply.

               (9)

               Measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The product group ‘indoor paints and varnishes’ shall comprise indoor decorative paints and varnishes, woodstains and related products, as defined in paragraph 2, intended for use by do-it-yourself and professional users and primarily developed for indoor use and marketed as such.
   This includes, inter alia, floor coatings and floor paints; products which are tinted by distributors at the request of amateur or professional decorators; tinting systems; decorative paints in liquid or paste formulas which may have been pre-conditioned, tinted or prepared by the manufacturer to meet consumers needs, including primers and undercoats of such product systems.
   2.   ‘Paint’ means a pigmented coating material, in liquid or in paste or powder form, which when applied to a substrate, forms an opaque film having protective, decorative or specific technical properties.
   ‘Varnish’ means a clear coating material which when applied to a substrate forms a solid transparent film having protective, decorative or specific technical properties.
   ‘Decorative paints and varnishes’ means paints and varnishes that are applied to buildings, their trim and fittings, for decorative and protective purposes. They are applied in-situ. While their main function is decorative in nature, they also have a protective role.
   ‘Woodstains’ (lasures) means coatings producing a transparent or semi-transparent film for decoration and protection of wood against weathering, which enables maintenance to be carried out easily.
   ‘Tinting systems’ is a method of preparing coloured paints by mixing a ‘base’ with coloured tints.
   3.   The product group shall not comprise:

               (a)

               anti-corrosion coatings;

               (b)

               anti-fouling coatings;

               (c)

               wood preservation products;

               (d)

               coatings for particular industrial and professional uses, including heavy-duty coatings;

               (e)

               facade coatings;

               (f)

               any product primarily developed for outdoor use and marketed as such.

         Article 2
   1.   In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000 and subject to paragraphs 2 and 3 of this Article, paints and varnishes must fall within the product group ‘indoor paints and varnishes’ as defined in Article 1, and must comply with the ecological criteria set out in the Annex to this Decision.
   2.   Two-pack reactive performance coatings for specific end uses shall comply with the following conditions:

               (a)

               both components thereof must individually comply with the ecological criteria set out in the Annex (with the exception of the criterion for Volatile Organic Compounds);

               (b)

               they must be accompanied by information explaining that the individual components must not be used separately or mixed with other products;

               (c)

               the final ready-for-use product, however, must also meet the ecological criteria, including the criterion for VOC.

         3.   Coatings marketed for both indoor and outdoor use must satisfy both the criteria set out in this Decision for indoor paints and varnishes and the criteria set out in Commission Decision (2009/543/EC) (3) for outdoor paints and varnishes.
   Article 3
   The ecological criteria for the product group ‘indoor paints and varnishes’, as well as the related assessment and verification requirements, shall be valid until four years as from the date of entry into force of this decision.
   Article 4
   For administrative purposes the code number assigned to the product group ‘indoor paints and varnishes’ shall be ‘07’.
   Article 5
   Decision 2002/739/EC is repealed.
   Article 6
   1.   Ecolabels awarded before 18 August 2008 in respect of products falling within the product group ‘indoor paints and varnishes’ may continue to be used until 28 February 2009.
   2.   Where applications have been submitted before 18 August 2008 for the award of the Ecolabel in respect of products falling within the product group ‘indoor paints and varnishes’, those products shall be awarded the eco-label under the conditions laid down in Decision 2002/739/EC. In such cases, the eco-label may be used until 28 February 2009.
   3.   Applications which are submitted after 18 August 2008 but before 1 March 2009 for the award of the eco-label in respect of products falling within the product group ‘indoor paints and varnishes’ may be based either on the criteria set out in Decision 2002/739/EC or on the criteria set out in this Decision.
   Where the application is based on the criteria set out in Decision 2002/739/EC, the eco-label may be used until 28 February 2009.
   Article 7
   This Decision is addressed to the Member States.

      Done at Brussels, 13 August 2008.

            For the Commission

         Olli REHN

            Member of the Commission

      (1)  OJ L 237, 21.9.2000, p. 1.

      (2)  L 236, 4.9.2002, p. 4.

      (3)  See page 27 of this Official Journal.

      ANNEX
      A.   FRAMEWORK

         The aims of the criteria

      These criteria aim in particular at:

                  —

                  the efficient use of the product and the minimisation of waste,

                  —

                  reducing the environmental and other risks (such as tropospheric ozone) by reducing solvent emissions,

                  —

                  reducing the discharges of toxic or otherwise polluting substances into waters. The criteria are set at levels that promote the labelling of interior paints and varnishes which have a lower environmental impact.

         Assessment and verification requirements

      The specific assessment and verification requirements are indicated within each criterion.
      Where the applicant is required to provide declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, it is understood that these may originate from the applicant and/or his supplier(s) and/or their supplier(s), etc., as appropriate.
      Where appropriate, test methods other than those indicated for each criterion may be used if their equivalence is accepted by the competent body assessing the application.
      Where appropriate, competent bodies may require supporting documentation and may carry out independent verifications.
      The competent bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or EN ISO14001, when assessing applications and monitoring compliance with the criteria (Note: it is not required to implement such management schemes).
      Where ingredients are referred to in the criteria, this includes substances and preparations. The definitions of ‘substances’ and ‘preparations’ are given in the REACH Regulation (Regulation (EC) No 1907/2006 of the European Parliament and of the Council (1).
      The exact formulation of the product should be provided to the competent body for all ingoing substances that are used by the applicant. Any substance, including impurities, present in concentrations greater than 0,01 % (m/m) should be reported unless a lower concentration is specified elsewhere in the criteria.
      B.   ECOLOGICAL CRITERIA

      All criteria except criterion 3 concerning VOC limits shall apply to the paint or varnish in its packaging. In line with Directive 2004/42/EC of the European Parliament and of the Council (2) the VOC limits relate to the ready to use product and so the maximum VOC content should be calculated based on any recommended additions such as colorants and/or thinners. For this calculation, data supplied by the raw material suppliers regarding solids content, VOC content and product density will be required.
      Criteria 1 and 2 apply only to white and light-coloured paints (including finishes, primers, undercoats and/or intermediates).
      For tinting systems, criteria 1 and 2 apply only to the white base (the base containing the most TiO2). In cases where the white base is unable to achieve the requirement of at least 8 m2 per litre at a hiding power of 98 % according to criterion 7(a), the criteria shall be met after tinting to produce the standard colour RAL 9010.
      Criteria 1 and 2 do not apply to transparent coatings.
      1.   White pigments

         White pigment content (white inorganic pigments with a refractive index higher than 1,8): Paints shall have a white pigment content lower or equal to 36 g per m2 of dry film, with 98 % opacity. This requirement does not apply to varnishes and woodstains.

         Assessment and verification: The applicant shall either provide a declaration of non-use or provide documentation showing the content of white pigments and the spreading rate, together with the detailed calculation showing compliance with this criterion.
      2.   Titanium dioxide

         Titanium dioxide: The emissions and discharges of wastes from the production of any titanium dioxide pigment used shall not exceed the following (as derived from the Reference Document on Best Available Technology for the Manufacture of Large Volume Inorganic Chemicals (BREF) (August 2007)):

                  —

                  SOx emissions (expressed as SO2): 252 mg per m2 of dry film (98 % opacity),

                  —

                  sulphate wastes: 18 g per m2 of dry film (98 % opacity),

                  —

                  chloride wastes: 3,7, 6,4 and 11,9 g per m2 of dry film (98 % opacity) respectively, for natural rutile, synthetic rutile and slag ores.

         Assessment and verification: The applicant shall either provide a declaration of non-use or provide the supporting documentation indicating the respective levels of emissions and discharges of wastes for these parameters, the titanium dioxide content of the product, the spreading rate, together with the detailed calculations showing compliance with this criterion.
      3.   Volatile organic compounds (VOC)

         VOC content shall not exceed:

                  Product Classification (Directive 2004/42/EC)

                  VOC limits (g/l including water)

                  Interior Matt (walls/ceiling) (Gloss < 25@60 °)

                  15

                  Interior glossy (walls/ceiling) (Gloss > 25@60 °)

                  60

                  Interior trim and cladding paints for wood and metal including undercoats

                  90

                  Interior trim varnishes and wood-stains, including opaque woodstains

                  75

                  Interior minimum build woodstains

                  75

                  Primers

                  15

                  Binding Primers

                  15

                  1 Pack performance coatings

                  100

                  Two-pack reactive performance coatings for specific end use such as floors

                  100

                  Decorative effect coatings

                  90

            In this context volatile organic compounds (VOC) means any organic compounds having an initial boiling point less than or equal to 250 °C measured at a standard pressure of 101,3 kPa as defined in Directive 2004/42/EC. The subcategories for paints and varnishes of the Directive are used for defining VOC limits. Only the categories relevant to indoor coatings are displayed here.

         Assessment and verification: The applicant shall provide a declaration of compliance with this criterion. For all products the applicant shall indicate the VOC content.
      4.   Volatile aromatic hydrocarbons (VAH)

         Volatile aromatic hydrocarbons shall not be directly added to the product before or during tinting (where applicable); however ingredients containing VAH may be added up to such a limit that the VAH content in the end product will not exceed 0,1 % (m/m).
      In this context volatile aromatic hydrocarbon (VAH) means any organic compound, as defined in Directive 2004/42/EC, having an initial boiling point less than or equal to 250 °C measured at a standard pressure of 101,3 kPa and having at least one aromatic nucleus in its developed structural formula.

         Assessment and verification: The applicant shall provide a declaration of compliance with this criterion stating that VAH has not been added other than in prefabricated ingredients and where applicable declarations from the suppliers of the ingredient confirming their VAH content.
      5.   Heavy metals

      The following heavy metals or their compounds shall not be used as an ingredient of the product or tint (if applicable) (whether as a substance or as part of any preparation used): cadmium, lead, chromium VI, mercury, arsenic, barium (excluding barium sulphate), selenium, antimony.
      Cobalt shall also not be added as an ingredient with the exception of cobalt salts used as a siccative in alkyd paints. These may be used up to a concentration not exceeding 0,05 % (m/m) in the end product, measured as cobalt metal. Cobalt in pigments is also exempted from this requirement.
      It is accepted that ingredients may contain traces of these metals up to 0,01 % (m/m) deriving from impurities in the raw materials.

         Assessment and verification: The applicant shall provide a declaration of compliance with this criterion as well as declarations from ingredient suppliers (where applicable).
      6.   Dangerous substances

                  (a)

                     The product: The product shall not be classified as very toxic, toxic, dangerous to the environment, carcinogenic, toxic for reproduction, harmful, corrosive, mutagenic or irritant (only where this is caused by the presence of ingredients labelled with R43) in accordance with Directive 1999/45/EC of the European Parliament and of the Council (3) before or after tinting (where applicable).

                     Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with a product material safety data sheet meeting the requirements of Annex II to the REACH Regulation.

                  (b)

                     Ingredients (very toxic, toxic, carcinogenic, mutagenic, toxic for reproduction): No ingredient including those used in tinting (if applicable) shall be used that at the time of application fulfil the classification criteria of any of the following risk phrases (or combinations thereof):

                              —

                              R23 (toxic by inhalation),

                              —

                              R24 (toxic in contact with skin),

                              —

                              R25 (toxic if swallowed),

                              —

                              R26 (very toxic by inhalation),

                              —

                              R27 (very toxic in contact with skin),

                              —

                              R28 (very toxic if swallowed),

                              —

                              R33 (danger of cumulative effects),

                              —

                              R39 (danger of very serious irreversible effects),

                              —

                              R40 (limited evidence of carcinogenic effect),

                              —

                              R42 (may cause sensitisation by inhalation),

                              —

                              R45 (may cause cancer),

                              —

                              R46 (may cause heritable genetic damage),

                              —

                              R48 (danger of serious damage to health by prolonged exposure),

                              —

                              R49 (may cause cancer by inhalation),

                              —

                              R60 (may impair fertility),

                              —

                              R61 (may cause harm to the unborn child),

                              —

                              R62 (possible risk of impaired fertility),

                              —

                              R63 (possible risk of harm to the unborn child),

                              —

                              R68 (possible risk of irreversible effects),

                        as laid down in Council Directive 67/548/EEC (4) or in Directive 1999/45/EC. Active ingredients used as preservatives in the formula and that are assigned any of the risk phrases R23, R24, R25, R26, R27, R28, R39 R40 or R48 (or combinations thereof) may nevertheless be used up to a limit of 0,1 % (m/m) of the total paint formulation.
                  Alternatively, the Globally Harmonised System (GHS) of classification may be considered (5). In this case the ingredients, including those used in tinting (if applicable), classified as the following (or combinations thereof) shall not be used:

                              —

                              Acute Toxicity (oral) – Category I, II, III,

                              —

                              Acute Toxicity (dermal) – Category I, II, III,

                              —

                              Acute Toxicity (inhalation) – Category I, II, III,

                              —

                              Respiratory Sensitisation – Category I,

                              —

                              Mutagenic Substances – Category I, II,

                              —

                              Carcinogenic Substances – Category I, II,

                              —

                              Substances Toxic for Reproduction – Category I, II,

                              —

                              Specific Target Organ Systemic Toxicity (single exposure) – Category I, II,

                              —

                              Specific Target Organ Systemic Toxicity (repeated exposure) – Category I, II,

                        as laid down in ST/SG/AC.10/30 (6) and revised in ST/SG/AC.10/34/Add.3 on the Globally Harmonized System of Classification and Labelling of Chemicals. Active ingredients used as preservers in the formula and that are assigned any of the following GHS categories may nevertheless be used up to a limit of 0,1 % (m/m) of the total paint formulation:

                              —

                              Acute Toxicity (oral, dermal, inhalation) – I, II, III (only oral and dermal),

                              —

                              Specific Target Organ Systemic Toxicity (single and/or repeated exposure) – I, II (or combinations thereof) and,

                              —

                              Carcinogenicity category II,

                        Methyl Ethyl Ketoxime may be used in alkyd paints up to a limit of 0,3 % (m/m).

                     Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with a product material safety data sheet meeting the requirements of Annex II to the REACH Regulation.

                  (c)

                     Ingredients (dangerous for the environment): No ingredient shall exceed 2 % (m/m), including those used in tinting (if applicable), that at the time of application fulfil the classification criteria of any of the following risk phrases (or combinations thereof):

                              —

                              N R50 (very toxic to aquatic organisms),

                              —

                              N R50/53 (very toxic to aquatic organisms, may cause long term adverse effects in the aquatic environment),

                              —

                              N R51/53 (toxic to aquatic organisms, may cause long term adverse effects in the aquatic environment),

                              —

                              N R52/53 (harmful to aquatic organisms, may cause long term adverse effects in the aquatic environment),

                              —

                              R51 (toxic to aquatic organisms),

                              —

                              R52 (harmful to aquatic organisms),

                              —

                              R53 (may cause long-term adverse effects in the aquatic environment),

                        as laid down in Directive 67/548/EEC or Directive 1999/45/EC.
                  Alternatively, the Globally Harmonised System (GHS) of classification may be considered (7). In this case no ingredient shall exceed 2 % (m/m), including those used in tinting (if applicable), that is assigned or may be assigned at the time of application any of the following classifications:
                  Aquatic Toxicity categories (and combinations thereof):

                              —

                              Acute I, II, III,

                              —

                              Chronic I, II, III, IV,

                        as laid down in ST/SG/AC.10/30 and revised in ST/SG/AC.10/34/Add.3 on the Globally Harmonized System of Classification and Labelling of Chemicals.
                  In either case, the sum total of all ingredients that are assigned or may be assigned at the time of application any of these risk phrases (or combinations thereof) or GHS classifications shall not exceed 4 % (m/m).
                  This requirement does not apply to ammonia or akyl ammonia.
                  This requirement does not affect the obligation to fulfil the requirement set out in criterion 6(a) above.

                     Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with a list of ingredients and material safety data sheets of each ingredient meeting the requirements of Annex II to the REACH Regulation.

                  (d)

                     Alkylphenolethoxylates (APEOs): APEOS shall not be used in the product before or during tinting (if applicable).

                     Assessment and verification: The applicant shall provide a declaration of compliance with this criterion.

                  (e)

                     Isothiazolinone compounds: The content of isothiazolinone compounds in the product shall not exceed 0,05 % (m/m) before or after tinting (if applicable). Likewise the content of the mixture of 5-chloro-2-methyl-2H-isothiazol-3-one (EC No 247-500-7) and 2- methyl-2H-isothiazol-3-one (EC No 220-239-6) (3:1) shall not exceed 0,0015 % (m/m).

                     Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, indicating the amounts (if used).

                  (f)

                  Perfluorinated alkyl sulfonates (PFAS), perfluorinated carboxylic acids (PFCA) including Perfluorooctanoic Acid (PFOA) and related substances listed in the OECD ‘Preliminary lists of PFOS, PFAS, PFOA, PFCA, related compounds and chemicals that may degrade to PFCA (as revised in 2007)’ are not permitted in the product. The OECD list is provided in the Annex to this criteria document.

                     Assessment and verification: The applicant shall provide a declaration of compliance with this criterion.

                  (g)

                     Formaldehyde: Free formaldehydes shall not be added. Formaldehyde donators may only be added in such quantities as will ensure that the resulting total content after tinting (if applicable) of free formaldehyde will not exceed 0,001 % (m/m).

                     Assessment and verification: The applicant shall provide a declaration of compliance with this criterion. In addition the applicant shall provide test results from raw materials suppliers using the VdL-RL 03 test method (VdL Guide-line03) ‘In-can concentration of formaldehyde determined by the acetyl-acetone method’ and calculations relating the data from these tests to the final product in order to indicate that the final maximum possible concentration of formaldehyde released by formaldehyde releasing substances is not higher than 0,001 % (m/m). Alternatively formaldehyde resulting from formaldehyde donors can be measured in the end product by using a standard based on High-performance liquid chromatography.

                  (h)

                     Halogenated Organic Solvents: Notwithstanding criteria 6a, 6b and 6c, only halogenated compounds that at the time of application have been risk assessed and have not been classified with the risk phrases (or combinations thereof): R26/27, R45, R48/20/22, R50, R51, R52, R53, R50/53, R51/53, R52/53 and R59 in accordance with Directives 67/548/EEC and 1999/45/EC may be used in the product before or during tinting (if applicable).

                     Assessment and verification: The applicant shall provide a declaration of compliance with this criterion.

                  (i)

                     Phthalates: Notwithstanding criteria 6a, 6b and 6c, only phthalates that at the time of application have been risk assessed and have not been classified with the phrases (or combinations thereof): R60, R61, R62, R50, R51, R52, R53, R50/53, R51/53, R52/53, in accordance with Directive 67/548/EEC and its amendments, may be used in the product before or during tinting (if applicable). Additionally DNOP (di-n-octyl phthalate), DINP (di-isononyl phthalate), DIDP (di-isodecyl phthalate) are not permitted in the product.

                     Assessment and verification: The applicant shall provide a declaration of compliance with this criterion.

            7.   Fitness-for-use

                  (a)

                     Spreading rate: White paints and light-coloured paints (including finishes, primers, undercoats and/or intermediates) shall have a spreading rate (at a hiding power of 98 %) of at least 8 m2 per litre of product.
                  For tinting systems, this criterion applies only to the white base (the base containing the most TiO2). In cases where the white base is unable to achieve the requirement of at least 8 m2 per litre at a hiding power of 98 %, the criterion shall be met after tinting the white base to produce the standard colour RAL 9010. For all other bases used to produce tinted products — these are bases which as a rule contain less TiO2, which are unable to achieve the requirement of at least 8 m2 per litre of product at a hiding power of 98 % — the criterion shall not apply. For paints that are a part of a tinting system, the applicant must advise the end-user on the product packaging and/or POS which shade or primer/undercoat (if possible bearing the Community Eco-label) should be used as a basecoat before applying the darker shade.
                  Primers with specific blocking/sealing, penetrating/binding properties and primers with special adhesion properties for aluminium and galvanised surfaces shall have a spreading rate (at a hiding power of 98 %) of at least 6 m2 per litre of product.
                  Thick decorative coatings (paints that are specially designed to give a three-dimensional decorative effect and are therefore characterised by a very thick coat) shall alternatively have a spreading power of 1 m2 per kg of product.
                  This requirement does not apply to varnishes, woodstains, floor coatings, floor paints, undercoats, adhesion primers or any other transparent coatings.

                     Assessment and verification: The applicant shall provide a test report using the method ISO 6504/1 (Paints and varnishes — determination of hiding power — Part 1: Kubelka-Munk method for white and light-coloured paints) or 6504/3 (Part 3: determination of contrast ratio (opacity) of light-coloured paints at a fixed spreading rate), or for paints specially designed to give a three-dimensional decorative effect and characterised by a very thick coat the method NF T 30 073 (or equivalent). For bases used to produce tinted products not evaluated according to the abovementioned requirements, the applicant shall produce evidence of how the end-user will be advised to use a primer and/or grey (or other relevant shade) of undercoat before application of the product.

                  (b)

                     Wet scrub resistance: Wall paints (according to EN 13300) for which claims are made (whether on the product or in related marketing material) that they are washable, cleanable or brushable shall have a wet scrub resistance as measured by EN 13300 and EN ISO 11998 of class 2 or better (not exceeding 20 microns after 200 cycles).
                  Due to the large potential range of possible tinting colours, this criterion will be restricted to the testing of tinting bases.

                     Assessment and verification: The applicant shall provide a test report according to EN 13300 using the method EN ISO 11998 (Test for cleanability and scrub resistance) and evidence (on the product packaging or related marketing material) that the end-user is informed that the product has not been tested for wet scrub resistance in the case of ceiling paints.

                  (c)

                     Resistance to water: Varnishes, floor coatings and floor paints shall have a resistance to water, as determined by ISO 2812-3 such that after 24 hours exposure and 16 hours recovery no change of gloss or of colour occurs.

                     Assessment and verification: The applicant shall provide a test report using the method ISO 2812-3 (Paints and varnishes — determination of resistance to liquids — Part 3: Method using an absorbent medium).

                  (d)

                     Adhesion: Floor coatings, floor paints and floor undercoats, metal and wood undercoats shall score at least 2 in the EN 2409 test for adhesion. Pigmented masonry primers shall score a pass in the EN 24624 (ISO 4624) pull-off test where the cohesive strength of the substrate is less than the adhesive strength of the paint, otherwise the adhesion of the paint must be in excess of a pass value of 1,5MPa.
                  Transparent primers are not included in this requirement

                     Assessment and verification: The applicant shall provide a test report using the method EN ISO 2409 or EN 24624 (ISO 4624) as applicable.

                  (e)

                     Abrasion: Floor coatings and floor paints shall have an abrasion resistance not exceeding 70 mg weight loss after 1 000 test cycles with a 1 000 g load and a CS10 wheel according to EN ISO 7784-2:2006.

                     Assessment and verification: The applicant shall provide a test report showing compliance with this criterion using the method EN ISO 7784-2:2006.

            8.   Consumer information

      The following information shall appear on the packaging or attached to the packaging:

                  —

                  the use, substrate and conditions of use for which the product is intended. This shall include advice on preparatory work, etc., such as correct substrate preparation, advice on indoor use (where appropriate), or temperature,

                  —

                  recommendations for cleaning tools and appropriate waste management (in order to limit water pollution). These recommendations shall be adapted to the type of product in question and field of application in question and may make use of pictograms if appropriate;

                  —

                  recommendations concerning product storage conditions after opening (in order to limit solid waste), including safety advice if appropriate,

                  —

                  for darker coatings for which criterion 7(a) does not apply, advice is given concerning the use of the correct primer or base paint (if possible bearing the Community Eco-label),

                  —

                  for thick decorative coatings a text informing that these are paints specially designed to give a three-dimensional decorative effect,

                  —

                  text advising that unused paint requires specialist handling for safe environmental disposal and that it should not therefore be thrown away with household refuse. Advice regarding disposal and collection should be sought from the local authority,

                  —

                  recommendations on preventive protection measures for the painter. The following text (or equivalent text) shall appear on the packaging or attached to the packaging:
                  ‘For more information as to why this product has been awarded the Flower please visit the web-site: http://ec.europa.eu/environment/ecolabel.’

         Assessment and verification: A sample of the product packaging shall be provided when submitting the application, together with a corresponding declaration of compliance with this criterion as appropriate.
      9.   Information appearing on the eco-label

      Box 2 of the eco-label shall contain the following text:

                  —

                  good performance for indoor use,

                  —

                  restricted hazardous substances,

                  —

                  low solvent content.

         Assessment and verification: The applicant shall provide a sample of the product packaging showing the label, together with a declaration of compliance with this criterion.

         (1)  OJ L 396, 30.12.2006, p. 1.

         (2)  OJ L 143, 30.4.2004, p. 87.

         (3)  OJ L 200, 30.7.1999, p. 1.

         (4)  OJ 196, 16.8.1967, p. 1.

         (5)  On 27 June 2007, the European Commission adopted the ‘Proposal for a Regulation of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006’ (COM(2007) 355 final). For further information relating to the overlap between the existing system and GHS refer to Annex VII in Volume III to the proposal that has been adopted: http://ec.europa.eu/enterprise/reach/docs/ghs/ghs_prop_vol_iii_en.pdf

         (6)  United Nations Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals: http://www.unece.org/trans/main/dgdb/dgcomm/ac10rep.html

         (7)  See footnote 5.


title: Decision (EU) 2017/1693 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the European Railway Agency (now European Union Agency for Railways) for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/272

         DECISION (EU) 2017/1693 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the European Railway Agency (now European Union Agency for Railways) for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Railway Agency for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Railway Agency for the financial year 2015, together with the Agency's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0063/2017),

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (4), and in particular Article 39 thereof,

               —

               having regard to Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (5), and in particular Article 65 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

               having regard to Rule 94 of and Annex IV to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A8-0128/2017),

               1.

               Grants the Executive Director of the European Union Agency for Railways discharge in respect of the implementation of the Agency's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Union Agency for Railways, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 151.

      (2)  See footnote 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 164, 30.4.2004, p. 1.

      (5)  OJ L 138, 26.5.2016, p. 1.

      (6)  OJ L 328, 7.12.2013, p. 42.


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31965D0362

65/362/EEC: Commission Decision of 5 July 1965 setting up a Joint Advisory Committee on Social Questions arising in Road Transport

Official Journal 130 , 16/07/1965 P. 2184 - 2186 Danish special edition: Series I Chapter 1965-1966 P. 0069  English special edition: Series I Chapter 1965-1966 P. 0077  Greek special edition: Chapter 05 Volume 1 P. 0022  Spanish special edition: Chapter 07 Volume 1 P. 0094  Portuguese special edition Chapter 07 Volume 1 P. 0094

++++COMMISSION DECISION OF 5 JULY 1965 SETTING UP A JOINT ADVISORY COMMITTEE ON SOCIAL QUESTIONS ARISING IN ROAD TRANSPORT  ( 65/362/EEC )  THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY ,  WHEREAS IN ITS MEMORANDUM OF 10 APRIL 1961 ON THE GUIDELINES FOR THE COMMON TRANSPORT POLICY , THE COMMISSION INDICATED THE COURSE TO BE FOLLOWED IN APPLYING TO TRANSPORT THE GENERAL RULES AND PROVISIONS PROVIDED FOR BY THE TREATY UNDER THE COMMUNITY'S SOCIAL POLICY , WHICH ENTAILS A NUMBER OF MEASURES CONCERNING THE COMMON TRANSPORT POLICY ;  WHEREAS IN ITS ACTION PROGRAMME OF 23 MAY 1962 ON THE COMMON TRANSPORT POLICY THE COMMISSION SET OUT IN A MORE CONCRETE FORM ITS VIEWS ON HARMONISATION IN SOCIAL MATTERS AS PART OF THE COMMON TRANSPORT POLICY ;  WHEREAS IN THEIR OPINIONS ON THE PROPOSED COUNCIL DECISION ON THE HARMONISATION OF CERTAIN PROVISIONS AFFECTING COMPETITION IN TRANSPORT BY RAIL , ROAD AND INLAND WATERWAY THE EUROPEAN PARLIAMENT AND THE ECONOMIC AND SOCIAL COMMITTEE EXPRESSED THE WISH TO SEE SET UP A JOINT COMMITTEE REPRESENTING THE TWO SIDES OF INDUSTRY ;  WHEREAS THOSE TAKING PART IN THE ROUND TABLE CONFERENCE ON SOCIAL POLICY IN TRANSPORT HELD IN BRUSSELS ON 10 , 11 AND 12 DECEMBER 1963 DECLARED THEMSELVES IN FAVOUR OF AN EFFECTIVE FORM OF CONSULTATION ON SOCIAL QUESTIONS ARISING IN TRANSPORT ;  WHEREAS ACTION BY THE COMMUNITY UNDER THE COMMON TRANSPORT POLICY SHOULD INCLUDE IN PARTICULAR THE ELIMINATION OF DISPARITIES LIABLE TO CAUSE SUBSTANTIAL DISTORTION IN THE CONDITIONS OF COMPETITION ;  WHEREAS THE COUNCIL DECISION OF 13 MAY 1965 ON THE HARMONISATION OF CERTAIN PROVISIONS AFFECTING COMPETITION IN TRANSPORT BY RAIL , ROAD AND INLAND WATERWAY PROVIDES IN THIS CONNECTION FOR CERTAIN LEGISLATION IN THE SOCIAL FIELD AND REFERS EXPRESSLY TO ANY COLLECTIVE BARGAINING POWERS OF THE TWO SIDES OF INDUSTRY ;  WHEREAS IN ALL THE COMMUNITY COUNTRIES THE TWO SIDES OF INDUSTRY ENJOY UNDER THEIR NATIONAL LAWS CONSIDERABLE FREEDOM OF ACTION IN SOCIAL MATTERS ;  WHEREAS CONSULTATION WITH THE TWO SIDES OF INDUSTRY CAN CONTRIBUTE TO ATTAINMENT OF THE OBJECTIVES SET IN RELATION TO THE HARMONISATION IN SOCIAL MATTERS AS PART OF THE COMMON TRANSPORT POLICY ;  WHEREAS BOTH THE IMPORTANCE AND URGENCY OF PROBLEMS IN ROAD TRANSPORT OF A SOCIAL CHARACTER , OF COMPETITION AND OF ROAD SAFETY , AND THE STATE OF PROGRESS OF THE WORK OF THE COMMISSION IN THE FIELD OF ROAD TRANSPORT APPEAR TO JUSTIFY ATTACHING TO THE COMMISSION AN ADVISORY BODY , CONSISTING OF REPRESENTATIVES OF BOTH SIDES OF THE ROAD TRANSPORT INDUSTRY ;  WHEREAS , IN VIEW OF THE SPECIAL NATURE OF CERTAIN SOCIAL QUESTIONS ARISING IN TRANSPORT , THE COMMISSION MUST REMAIN FREE IN ITS CHOICE OF METHODS OF CONSULTATION ;  WHEREAS THE VARIOUS REPRESENTATIVE BODIES IN THE TRANSPORT INDUSTRY HAVE FORMED ORGANISATIONS AT COMMUNITY LEVEL ;  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THERE SHALL BE ATTACHED TO THE COMMISSION A COMMITTEE CALLED THE " JOINT ADVISORY COMMITTEE ON SOCIAL QUESTIONS ARISING IN ROAD TRANSPORT " .  ARTICLE 2  ( A ) THE COMMISSION MAY REQUEST THE COMMITTEE FOR AN OPINION ON ANY SOCIAL QUESTION ARISING IN ROAD TRANSPORT .  ( B ) THE COMMISSION MAY , WHEN SEEKING THE OPINION OF THE COMMITTEE , SET A TIME-LIMIT WITHIN WHICH SUCH OPINION SHALL BE GIVEN .  ( C ) IN THE EVENT OF UNANIMOUS AGREEMENT BEING REACHED IN THE COMMITTEE ON THE OPINION TO BE GIVEN TO THE COMMISSION , THE COMMITTEE SHALL FORMULATE JOINT CONCLUSIONS AND ATTACH THEM TO THE REPORT OF ITS PROCEEDINGS FORWARDED TO THE COMMISSION .  ( D ) OTHERWISE THE OPINIONS EXPRESSED SHALL BE INCLUDED IN THAT REPORT .  ( E ) THE COMMISSION MAY CONSULT THE COMMITTEE ORALLY . IN THAT CASE THE COMMISSION SHALL , ON THE BASIS OF THE MINUTES OF THE MEETINGS , ITSELF FORMULATE THE CONCLUSIONS REACHED .  ARTICLE 3  ( A ) THE COMMITTEE SHALL DISCUSS ONLY MATTERS ON WHICH THE COMMISSION HAS REQUESTED AN OPINION .  ( B ) THE COMMITTEE , ACTING IN THE CIRCUMSTANCES AND MANNER PROVIDED FOR IN ARTICLE 9 , MAY REQUEST THE COMMISSION TO CONSULT IT ON A SPECIFIC SOCIAL PROBLEM ARISING IN ROAD TRANSPORT .  ARTICLE 4  ( A ) THE COMMITTEE SHALL CONSIST OF TWENTY-FOUR FULL MEMBERS AND TWENTY-FOUR ALTERNATE MEMBERS .  ( B ) SEATS ON THE COMMITTEE SHALL BE APPORTIONED AS FOLLOWS :  - TO CARRIERS , TWELVE FULL MEMBERS AND TWELVE ALTERNATE MEMBERS ;  - TO ROAD TRANSPORT EMPLOYEES , TWELVE FULL MEMBERS AND TWELVE ALTERNATE MEMBERS .  ( C ) ALTERNATE MEMBERS SHALL ATTEND COMMITTEE MEETINGS AND TAKE PART IN THE WORK OF THE COMMITTEE ONLY IN THE EVENT OF FULL MEMBERS BEING UNABLE TO DO SO , EXCEPT WHERE , IN PURSUANCE OF ARTICLE 11 ( B ) , THEY ARE ATTENDING AS EXPERTS .  ARTICLE 5  ( A ) MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE COMMISSION ON PROPOSALS FROM THE FOLLOWING ORGANISATIONS SET UP AT COMMUNITY LEVEL TO REPRESENT THE VARIOUS SECTIONS OF THE INDUSTRY :  - COMMITTEE OF ITF UNIONS IN THE EEC ;  - EUROPEAN TRANSPORT COMMITTEE ( ETC ) ;  - LIAISON COMMITTEE FOR PROFESSIONAL CARRIERS OF THE COMMUNITY ( IRU ) ;  - LIAISON COMMITTEE FOR PRIVATE CARRIERS OF THE COMMUNITY ( IRU ) ;  ( B ) THE LIST OF THE MEMBERS OF THE COMMITTEE SHALL BE PUBLISHED FOR INFORMATION PUR POSES IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  ARTICLE 6  ( A ) THE TERM OF OFFICE FOR MEMBERS AND ALTERNATES SHALL BE THREE YEARS . THEIR APPOINTMENTS MAY BE RENEWED .  ( B ) AFTER EXPIRY OF THE THREE YEARS MEMBERS AND ALTERNATES SHALL REMAIN IN OFFICE UNTIL REPLACED .  ( C ) IN THE EVENT OF THE DEATH OR RESIGNATION OF A MEMBER OR ALTERNATE OR OF HIS CEASING TO BELONG TO THE ORGANISATION WHICH HE REPRESENTS , HE SHALL BE REPLACED FOR THE REMAINDER OF HIS TERM OF OFFICE .  ARTICLE 7  ( A ) THE COMMITTEE SHALL , BY A TWO-THIRDS MAJORITY OF MEMBERS PRESENT , ELECT A CHAIRMAN AND VICE-CHAIRMAN FROM AMONG ITS FULL MEMBERS . THE CHAIRMAN AND VICE-CHAIRMAN MAY NOT BOTH COME FROM THE SAME SIDE OF INDUSTRY .  ( B ) SHOULD THE CHAIRMAN OR VICE-CHAIRMAN CEASE TO HOLD OFFICE BEFORE THE PERIOD FOR WHICH HE WAS ELECTED HAS EXPIRED , HE SHALL BE REPLACED FOR THE REMAINDER OF HIS TERM OF OFFICE .  ( C ) THE TERM OF OFFICE FOR CHAIRMAN AND VICE-CHAIRMAN SHALL BE EIGHTEEN MONTHS . THE CHAIRMAN AND VICE-CHAIRMAN SHALL BE CHOSEN ALTERNATELY FROM THE TWO SIDES REPRESENTED .  ( D ) NO MEMBER OF THE COMMITTEE MAY HOLD SUCCESSIVELY THE OFFICES OF CHAIRMAN AND VICE-CHAIRMAN DURING A PERIOD EXCEEDING TWO FULL TERMS OF OFFICE AS LAID DOWN UNDER ( C ) .  ARTICLE 8  ( A ) THE COMMITTEE'S FIRST PERIOD IN OFFICE SHALL TERMINATE ON 31 DECEMBER 1968 .  ( B ) THE TERMS OF OFFICE OF CHAIRMAN AND VICE-CHAIRMAN AS LAID DOWN IN ARTICLE 7 ( C ) SHALL TERMINATE FOR THE FIRST TIME ON 30 JUNE 1967 .  ARTICLE 9  ( A ) THE CHAIRMAN SHALL BE RESPONSIBLE FOR RELATIONS WITH THE COMMISSION .  ( B ) THE CHAIRMAN AND VICE-CHAIRMAN ACTING JOINTLY MAY DRAW THE ATTENTION OF THE COMMISSION TO THE DESIRABILITY OF CONSULTING THE COMMITTEE ON ANY MATTER WITHIN THE LATTER'S COMPETENCE ON WHICH ITS OPINION HAS NOT BEEN SOUGHT .  ARTICLE 10  THE COMMITTEE MAY SET UP WORKING PARTIES TO PREPARE , ON SPECIFIC QUESTIONS OR IN SPECIFIC FIELDS , DRAFT OPINIONS TO BE SUBMITTED TO THE COMMITTEE FOR CONSIDERATION . THESE WORKING PARTIES SHALL CONSIST OF A LIMITED NUMBER OF FULL OR ALTERNATE MEMBERS .  ARTICLE 11  ( A ) AT THE REQUEST OF ANY OF THE ORGANISATIONS REPRESENTED , THE CHAIRMAN MAY INVITE A REPRESENTATIVE OF THE CENTRAL BODY OF THE ORGANISATION CONCERNED TO BE PRESENT AT MEETINGS .  ( B ) THE CHAIRMAN MAY PROPOSE TO THE COMMISSION THAT IT SHOULD INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN A SUBJECT ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN MEETINGS OF THE COMMITTEE OR OF A WORKING PARTY OF THE COMMITTEE .  EXPERTS SHALL BE PRESENT ONLY AT THE DISCUSSION OF THOSE QUESTIONS ON ACCOUNT OF WHICH THEY WERE INVITED .  ARTICLE 12  ( A ) THE COMMITTEE AND WORKING PARTIES SHALL MEET WHEN CONVENED BY THE COMMISSION .  ( B ) REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL TAKE PART IN THESE MEETINGS .  ARTICLE 13  SECRETARIAL SERVICES SHALL BE PROVIDED FOR THE COMMITTEE BY THE COMMISSION .  ARTICLE 14  AN OPINION DELIVERED BY THE COMMITTEE SHALL NOT BE VALID UNLESS TWO-THIRDS OF THE MEMBERS ARE PRESENT .  ARTICLE 15  WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 214 OF THE TREATY , WHERE THE COMMISSION INDICATES THAT THE OPINION REQUESTED IS ON A MATTER OF A CONFIDENTIAL NATURE , PERSONS PRESENT AT THE MEETINGS OF THE COMMITTEE AND OF THE WORKING PARTIES SHALL NOT DISCLOSE INFORMATION WHICH HAS COME TO THEIR KNOWLEDGE THROUGH THE WORK OF THE COMMITTEE .  ARTICLE 16  AFTER HEARING THE COMMITTEE , THE COMMISSION MAY AMEND THIS DECISION IN THE LIGHT OF EXPERIENCE .  DONE AT BRUSSELS , 5 JULY 1965 .  FOR THE COMMISSION  THE PRESIDENT  WALTER HALLSTEIN


title: Council Decision (EU) 2015/916 of 22 July 2013 on the signing and conclusion of the Agreement between the European Union and Australia establishing a framework for the participation of Australia in European Union crisis management operations

text:
               16.6.2015

               EN

               Official Journal of the European Union

               L 149/1

         COUNCIL DECISION (EU) 2015/916
   of 22 July 2013
   on the signing and conclusion of the Agreement between the European Union and Australia establishing a framework for the participation of Australia in European Union crisis management operations
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218(5) and (6) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               Conditions regarding the participation of third States in European Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than defining those conditions on a case-by-case basis for each operation concerned.

               (2)

               Following the adoption of a Decision by the Council on 26 April 2010 authorising the opening of negotiations, the High Representative of the Union for Foreign Affairs and Security Policy negotiated an agreement between the European Union and Australia establishing a framework for the participation of Australia in European Union crisis management operations (‘the Agreement’).

               (3)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and Australia establishing a framework for the participation of Australia in the European Union crisis management operations is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 15(1) of the Agreement. (1)

   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 22 July 2013.

            For the Council

            The President

         C. ASHTON

      (1)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


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31998D0305(02)

Council Decision of 12 February 1998 on the replacement of members of the European Social Fund Committee

Official Journal C 069 , 05/03/1998 P. 0002 - 0003

COUNCIL DECISION of 12 February 1998 on the replacement of members of the European Social Fund Committee (98/C 69/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), and in particular Article 28, third paragraph, thereof,Having regard to the proposal from the Commission,Whereas the Council, acting on a proposal from the Commission, in a Decision of 23 October 1995 (2), appointed the members and alternate members of the European Social Fund Committee for the period ending on 22 October 1998;Whereas members' seats have fallen vacant in the category of government representatives, the category of employers' representatives and the category of workers' representatives;Whereas members of the European Social Fund Committee should be appointed to fill the vacant seats,HAS DECIDED AS FOLLOWS:Article 1 The following are hereby appointed members of the European Social Fund Committee for the remainder of the current term of office, which runs until 22 October 1998:I. >TABLE>II. >TABLE>III. >TABLE>Article 2 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 12 February 1998.For the CouncilThe PresidentJ. BATTLE(1) OJ L 374, 31.12.1988, p. 1. Regulation as last amended by Regulation (EC) No 3193/94 (OJ L 337, 24.12.1994, p. 11).(2) OJ C 296, 10.11.1995, p. 7.


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31974D0441

74/441/EEC: Commission Decision of 25 July 1974 relating to the setting-up of a Joint Committee on Social Problems in Sea Fishing

Official Journal L 243 , 05/09/1974 P. 0019 - 0021 Finnish special edition: Chapter 4 Volume 1 P. 0009  Greek special edition: Chapter 04 Volume 1 P. 0037  Swedish special edition: Chapter 4 Volume 1 P. 0009  Spanish special edition: Chapter 04 Volume 1 P. 0013  Portuguese special edition Chapter 04 Volume 1 P. 0013

COMMISSION  COMMISSION DECISION  of 25 July 1974  relating to the setting-up of a Joint Committee on Social Problems in Sea Fishing  (74/441/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 118 thereof;  Whereas the Heads of State or Government stated in their Declaration of 21 October 1972 that the first aim of economic expansion should be to enable disparities in living conditions to be reduced and that this aim should express itself in a better quality and in a higher standard of living;  Whereas in this association of ideas they considered it indispensable that both employers and employees should be increasingly involved in the economic and social decisions of the Community;  Whereas amongst the priority matters contained in the Community's "Social Action Programme" the Commission has recommended that dialogue and conciliation between employers and employees be promoted at Community level;  Whereas the European Parliament in its Resolution of 13 June 1972 (1) has stated that the participation of employers and employees in the elaboration of a Community social policy should be achieved during the first stage of economic and monetary union;  Whereas the Economic and Social Committee, in its Opinion of 24 November 1971, expressed a similar view;  Whereas the situation in the Member States clearly demonstrates the need for the two sides of the fishing industry to participate actively in the improvement and harmonization of living and working conditions in sea fishing ; whereas a Joint Committee attached to the Commission is the most appropriate means of ensuring such participation by creating at Community level a forum for interlocutors who represent the socio-economic elements involved,  HAS DECIDED AS FOLLOWS:    Article 1 The Commission hereby creates a Joint Committee on Social Problems in Sea Fishing (hereinafter called the "Committee").   Article 2 The Committee shall assist the Commission in the formulation and implementation of the Community social policy aimed at improving and harmonizing the living and working conditions in sea fishing.   Article 3 1. In order to attain the objectives laid down in Article 2, the Committee shall:    (a) issue opinions and submit reports to the Commission, either at the latter's request or on its own initiative,  and       (b) in respect of matters falling within the competence of the employers' and employees' associations listed in Article 4;  (1)OJ No C 70, 1.7.1972, p. 11.   - promote dialogue and conciliation and facilitate negotiation between these associations;       - arrange for studies to be carried out;       - participate in discussions and seminars.        2. The Committee shall ensure that all interested parties are informed of its activities.  3. Upon requesting an opinion or report of the Committee the Commission may fix a time limit within which the opinion or report shall be given.   Article 4 1. The Committee shall consist of 42 members.  2. The members of the Committee shall be appointed by the Commission on a proposal from the following associations of employers in sea fishing and associations of fishermen:  Employers' Associations:    - Association of National Organizations of Fishing Enterprises in the EEC (EUROPECHE);       - Specialized Committee for Fishing Cooperatives in the EEC (COGECA).         Employees' Associations:    - The Committee of Transport Unions in the Community (ITF);       - The European Transport Committee (ETC-WCL);       - The CGT-CGIL European Committee for the Coordination of Fishermen's Trade Unions.         3. Seats shall be attributed as follow:    (a) to representatives of the employers' associations, 21;       (b) to representatives of the employees' associations, 21.          Article 5 1. An alternate shall be appointed for each member of the Committee under the same conditions as laid down in Article 4.  2. Without prejudice to the provisions of Article 10 an alternate shall not attend meetings of the Committee or a working group provided for in Article 10, nor participate in its works, unless the member for whom he is the alternate is prevented from doing so.   Article 6 A list of members and their alternates shall be published for information by the Commission in the Official Journal of the European Communities.   Article 7 1. Committee members and their alternates shall hold office for a term of four years ; appointments shall be renewable.  2. Members and their alternates whose term of office has expired shall remain in office until they have been replaced or their term of office has been renewed.  3. A member's or alternate's term of office shall cease before the expiration of the period of four years upon his resignation or death or if the association which nominated him requests his replacement. The vacancy thereby caused shall be filled in the manner prescribed in Article 4 by a person appointed for the remainder of the term of office.  4. There shall be no payment for duties performed.   Article 8 1. The Committee shall, by a two-thirds majority of members present, elect from among its members a Chairman and Vice-Chairman who shall hold office for a term of two years. The Chairman and the Vice-Chairman shall be chosen alternately, and in reverse order, from amongst the two groups of associations listed in Article 4. The Chairman or Vice-Chairman whose term of office has expired shall remain in office until he has been replaced.  2. Should the Chairman or Vice-Chairman cease to hold office before expiry of its term, he shall be replaced for the remainder of the term by a person appointed in the manner prescribed in paragraph 1 of this Article upon a proposal from the group to which his association belongs.   Article 9 The Committee may create a bureau consisting of the Chairman, Vice-Chairman and Rapporteurs of the working groups provided for in the following Article 10 to plan and coordinate its work.    Article 10 The Committee may:    (a) set up ad hoc or permanent working groups to facilitate its work. It may authorize a member to delegate another representative of his association, who shall be named, to take his place in a working group ; such delegate shall enjoy the same rights at meetings of the working group as the member he replaces;       (b) ask the Commission to appoint experts to assist it in specific tasks. It shall be its duty to do so if one of the associations listed in Article 4 requests this.       (c) ask for the attendance at Committee meetings, as an expert, of any person who is specially qualified in any particular subject on the agenda. The expert shall be present only for the discussion of the particular subject for which his attendance is required.          Article 11 The Committee shall be convened by the secretary at the request of the Commission, the bureau or of one-third of the Committee's members. In the latter case, the Committee shall meet within 30 days.   Article 12 1. No opinion of the Committee shall be valid unless two-thirds of the members or their alternates are present.  2. The Committee shall submit its opinions or reports to the Commission. If an opinion or report is not unanimous, the Committee shall submit to the Commission the dissenting opinions delivered.   Article 13 1. The Commission shall provide a secretariat for the Committee, the bureau and the working groups.  2. Representatives of the services of the Commission shall attend the meetings of the Committee, the bureau and the working groups.  3. A representative of the secretariat of each of the associations listed in Article 4 shall attend the meetings of the Committee as observer.   Article 14 If the Commission has informed the Committee that an opinion requested relates to a matter of a confidential nature, members of the Committee shall be bound, without prejudice to the provisions of Article 214 of the Treaty, not to disclose any information acquired at the meetings of the Committee or the working groups. In this event, only the members of the Committee and the representatives of the services of the Commission shall be present at the meetings.   Article 15 This Decision shall enter into force on 25 July 1974.     Done at Brussels, 25 July 1974.  For the Commission  The President  François-Xavier ORTOLI