title: 2008/591/EC: Commission Decision of 30 June 2008 on the Ecodesign Consultation Forum (Text with EEA relevance)

text:
               18.7.2008

               EN

               Official Journal of the European Union

               L 190/22

      COMMISSION DECISION

   of 30 June 2008
   on the Ecodesign Consultation Forum
   (Text with EEA relevance)
   (2008/591/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005, establishing a framework for the setting of eco-design requirements for energy-using products (EuP) and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council (1), and in particular Article 18 thereof,
   Whereas:

               (1)

               In accordance with Article 18 of Directive 2005/32/EC, the Commission should ensure that in the conduct of its activities it observes, in respect of each implementing measure, a balanced participation of Member States and interested parties.

               (2)

               Directive 2005/32/EC provides that those parties should meet in a Consultation Forum. It is therefore necessary to define the tasks and the structure of that Consultation Forum.

               (3)

               The Consultation Forum should assist the Commission to establish a working plan, and contribute to defining and reviewing implementing measures, to examining the effectiveness of the established market surveillance mechanisms, and to assessing voluntary agreements and other self-regulation measures.

               (4)

               The Consultation Forum should be composed of Member States' representatives and the interested parties concerned with the product or product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations.

               (5)

               Rules on disclosure of information by members of the Consultation Forum should be provided for, without prejudice to the rules on security annexed to the Commission's Rules of Procedure by Decision 2001/844/EC, ECSC, Euratom (2).

               (6)

               Personal data relating to members of the Consultation Forum should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3),

         HAS DECIDED AS FOLLOWS:
   Article 1
   Tasks
   The tasks of the members of the Ecodesign Consultation Forum, hereinafter referred to as ‘the Forum’, shall be to give opinions in relation to the elaboration and the amendment of the working plan referred to in Article 16(1) of Directive 2005/32/EC and to advise the Commission on questions related to the implementation of Directive 2005/32/EC as provided for in Articles 16(2), 18 and 23 thereof.
   Article 2
   Consultation
   The Commission may consult the Forum on any matter relating to the implementation of Directive 2005/32/EC.
   Article 3
   Membership
   1.   The members of the Forum shall be appointed by the Commission from interested parties concerned with the product or product group in question and who have responded to the call for applications.
   2.   The Forum shall comprise up to 60 members composed as follows:

               (a)

               one representative from each Member State;

               (b)

               one representative from each European Economic Area Member State;

               (c)

               up to 30 representatives of interested parties as referred to in Article 18 of Directive 2005/32/EC.

         3.   Each member shall designate the person representing it at the Forum meetings on the basis of his or her competence and experience in the area dealt with.
   4.   Members of the Forum are appointed for a three-year renewable term of office and shall remain in office until they are replaced in accordance with paragraph 3 or their term of office ends.
   5.   Members may be replaced for the remainder of their term of office in any of the following cases:

               (a)

               where the member resigns;

               (b)

               where the member is no longer capable of contributing effectively to the Forum's deliberations;

               (c)

               where the member does not comply with Article 287 of the Treaty.

         6.   The list of members and any subsequent amendments to that list shall be published on the Internet sites of the Enterprise and Industry Directorate General and the Transport and Energy Directorate General and in the Commission's Register of Expert Groups.
   Article 4
   Operation
   1.   The Forum shall be chaired by a representative of the Commission.
   2.   In agreement with the Chair, sub-groups may be set up to examine specific questions under terms of reference established by the Forum. Such sub-groups shall be dissolved as soon as their mandates are fulfilled.
   3.   The Chair may invite experts or observers with specific competence on a subject on the agenda to participate in the Forum's or sub-group's deliberations if this is necessary or useful.
   4.   Information obtained by participating in the deliberations of the Forum or of a sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.
   5.   The Forum and its sub-groups shall normally meet on the Commission's premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend the meetings of the Forum and its sub-groups.
   6.   The rules of procedure for the Forum are set out in the Annex.
   7.   The Commission may publish, or place on the Internet, in the original language of the document concerned, any summary, conclusion, or partial conclusion or working document of the Forum.
   Article 5
   Reimbursement of expenses
   The Commission shall reimburse travel and, where appropriate, subsistence expenses for one representative per Member State and technical experts invited according to Article 4(3) in connection with the Forum's activities in accordance with the Commission's rules on the compensation of external experts.
   The members of the Forum, experts and observers shall not be remunerated for the services they render.
   Meeting expenses shall be reimbursed within the limits of the annual budget allocated to the Forum by the competent Commission department.

      Done at Brussels, 30 June 2008.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 191, 22.7.2005, p. 29. Directive as amended by Directive 2008/28/EC (OJ L 81, 20.3.2008, p. 48).

      (2)  OJ L 317, 3.12.2001, p. 1. Decision as last amended by Decision 2006/548/EC, Euratom (OJ L 215, 5.8.2006, p. 38).

      (3)  OJ L 8, 12.1.2001, p. 1.

      ANNEX

         Rules of procedure of the Ecodesign Consultation Forum
         THE COMMISSION OF THE EUROPEAN COMMUNITIES,
         Having regard to Directive 2005/32/EC and in particular Article 18 thereof,
         Having regard to the standard rules of procedure published by the Commission,
         HAS ADOPTED THE FOLLOWING RULES OF PROCEDURE:
         Article 1
         Convening a meeting
         1.   Meetings of the Forum are convened by the Chair.
         2.   Joint meetings of the Forum with other groups may be convened to discuss matters falling within their respective areas of responsibility.
         Article 2
         Agenda
         1.   The Chair shall draw up the agenda and submit it to the Forum.
         2.   The agenda shall make a distinction between:

                     (a)

                     consultation of the interested parties in the Forum on:

                                 —

                                 the elaboration and the amendment of the working plan, in accordance with Article 16(1) of Directive 2005/32/EC,

                                 —

                                 the definition and review of implementing measures, in accordance with Articles 16(2) and 18 of Directive 2005/32/EC,

                                 —

                                 the examination of the effectiveness of the established market surveillance mechanisms, in accordance with Article 18 of Directive 2005/32/EC,

                                 —

                                 the assessment of voluntary agreements and other self-regulation measures, in accordance with Article 18 of Directive 2005/32/EC,

                                 —

                                 the review of the effectiveness of the Directive and of its implementing measures, the threshold for implementing measures, market surveillance mechanisms and any relevant self-regulation stimulated, in accordance with Article 23 of Directive 2005/32/EC;

                     (b)

                     other issues put to the Forum for information or a simple exchange of views, either on the Chair's initiative, or at the written request of a member of the Forum, subject to the Chair's acceptance.

               3.   The agenda shall be adopted by the Forum at the start of the meeting.
         Article 3
         Forwarding of documents to members of the Forum
         1.   The Chair shall send the invitation to the meeting, the agenda and the working documents on which the interested parties in the Forum are to be consulted and any other working documents to the members of the Forum in accordance with Article 12(2) no later than one month before the date of the meeting.
         2.   Members of the Forum may submit complementary working documents and written statements to the Chair no later than one week before the date of the meeting. Such documents shall be made available to the members of the Forum upon reception.
         3.   In urgent cases, the Chair may, at the request of a member of the Forum, or on his own initiative, shorten the time limit for transmission referred to in paragraph 1 and 2 to five calendar days before the date of the meeting.
         4.   The Chair may decide to make documents originating from and provided by non-member interested parties available as working documents of the Forum.
         Article 4
         Opinions in the Forum
         1.   The Chair shall record the opinions expressed by the representatives of the Member States and the different interested parties in the Forum.
         2.   Opinions of the representatives of the Member States and interested parties may also take the form of written statements submitted in accordance with Article 3.
         3.   Complementary written statements, following the discussions in the Forum, may be submitted up to three weeks after the meeting date.
         4.   If necessary, the written procedure provided for in Article 8 may be applied.
         Article 5
         Representation
         1.   In order to ensure a balanced participation of relevant stakeholders in respect to each discussed product group, the Chair may invite non-member interested parties to discuss specific agenda items at certain meetings.
         2.   Each member of the Forum shall designate one person representing it at the Forum meetings and so inform the Chair. With the Chair's permission, the designated representatives may be accompanied by experts at the expense of the member. The members shall give prior notice to the Chair, at the latest two weeks before the meeting date, of the experts they wish to accompany their representatives. If the Chair does not object to the participation of the expert at the latest one week before the meeting date, the permission is considered to be granted.
         3.   A member may represent other members. The representing member shall provide evidence of the represented members' consent to the Chair in writing before the meeting.
         4.   Members shall ensure that stakeholders they represent are duly informed of the discussions in the Forum.
         5.   Members shall ensure adequate consultation of the stakeholders they represent and adopt representative opinions.
         Article 6
         Sub-groups
         The Chair may create sub-groups to examine particular issues. The sub-groups shall be chaired by a representative of the Commission. The sub-groups shall report back to the Forum. To this end, they may appoint a rapporteur.
         Article 7
         Admission of third parties
         The Chair may decide to invite third parties to attend a meeting and experts to speak on particular matters.
         Article 8
         Written procedure
         1.   If necessary, the opinions of the Member States and interested parties of the Forum may be delivered by written procedure. To this end, the Chair shall send the members of the Forum the working document(s) on which the opinions of the Member States and interested parties of the Forum are sought, in accordance with Article 12(2). The time limit for submitting comments may not be less than 14 calendar days and may not exceed one month.
         2.   In cases of urgency, the time limit provided for in Article 3(3) shall apply.
         Article 9
         Secretariat
         The Commission shall provide secretarial support for the Forum.
         Article 10
         Minutes of meetings
         1.   The minutes of each meeting shall be drawn up under the auspices of the Chair containing, in particular, the opinions expressed at the meeting on working documents(s) prepared by the Commission services referred to in Article 2(2a) and, if necessary, the opinions expressed on the issues referred to in Article 2(2b). A reference list of the relevant written statements, submitted according to Article 4 shall be given in a separate annex. The minutes shall be sent to the members of the Forum, and to non-members that participated in the meeting, within one month.
         2.   The members of the Forum shall send any comments they may have on the minutes to the Chair in writing within two weeks. The Forum shall be informed of those comments. If there is any disagreement, the proposed amendment shall be discussed by the Forum. If the disagreement persists, that amendment shall be annexed to the minutes.
         Article 11
         Attendance list
         At each meeting, the Chair shall draw up an attendance list specifying the name of each participant, the organisation to which he or she belongs, and, where appropriate, the interested party he or she represents.
         Article 12
         Correspondence
         1.   Correspondence relating to the Forum shall be addressed to the Commission by electronic means, for the attention of the Chair.
         2.   Correspondence for members of the Forum shall be addressed to the members by electronic means. Members shall designate the contact person(s) to which correspondence shall be sent and inform the Chair in writing.
         Article 13
         Protection of personal data
         All processing of personal data for the purposes of these rules of procedure shall be in accordance with Regulation (EC) No 45/2001.


title: 2012/442/EU: Council Decision of 24 July 2012 on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement

text:
               28.7.2012

               EN

               Official Journal of the European Union

               L 202/1

         COUNCIL DECISION
   of 24 July 2012
   on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
   (2012/442/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) and Article 168(4)(b), in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

               (2)

               Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, among others, Annex II to the EEA Agreement.

               (3)

               Annex II to the EEA Agreement contains provisions and arrangements concerning technical regulations, standards, testing and certification.

               (4)

               Commission Implementing Regulation (EU) No 1274/2011 of 7 December 2011 concerning a coordinated multiannual control programme of the Union for 2012, 2013 and 2014 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (3) is to be incorporated into the EEA Agreement.

               (5)

               Commission Regulation (EC) No 1213/2008 of 5 December 2008 concerning a coordinated multiannual Community control programme for 2009, 2010 and 2011 to ensure compliance with maximum levels of and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (4) was incorporated into the EEA Agreement with certain adaptations for the EEA EFTA States.

               (6)

               Since the Regulation (EC) No 1213/2008 has been repealed and should consequently be repealed under the EEA Agreement, those adaptations should be carried over to Implementing Regulation (EU) No 1274/2011. They concern the number of pesticides to be monitored by Iceland and the number of samples of each product to be taken and analysed by Iceland and Norway and take into account, in particular, the limited capacity of Icelandic laboratories.

               (7)

               Annex II to the EEA Agreement should therefore be amended accordingly.

               (8)

               The position of the Union in the EEA Joint Committee should be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union in the EEA Joint Committee on amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 24 July 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  OJ L 325, 8.12.2011, p. 24.

      (4)  OJ L 328, 6.12.2008, p. 9.

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE
      No …/…
      of
      amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, (‘the EEA Agreement’), and in particular Article 98 thereof,
      Whereas:

                  (1)

                  Annex II to the EEA Agreement was amended by Decision of the EEA Joint Committee No …/… of … (1).

                  (2)

                  Commission Implementing Regulation (EU) No 1274/2011 of 7 December 2011 concerning a coordinated multiannual control programme of the Union for 2012, 2013 and 2014 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (2) is to be incorporated into the EEA Agreement.

                  (3)

                  Commission Regulation (EC) No 1213/2008 of 5 December 2008 concerning a coordinated multiannual Community control programme for 2009, 2010 and 2011 to ensure compliance with maximum levels of and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (3), which is incorporated into the EEA Agreement, has been repealed in the European Union and should consequently be repealed under the EEA Agreement.

                  (4)

                  This Decision concerns legislation regarding foodstuffs. Legislation regarding foodstuffs shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the introduction to Chapter XII of Annex II to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein,

            HAS ADOPTED THIS DECISION:
      Article 1
      Chapter XII of Annex II to the EEA Agreement shall be amended as follows:

                  1.

                  The text of point 54zzzzb (Commission Regulation (EC) No 1213/2008) shall be deleted.

                  2.

                  The following shall be inserted after point 65 (Commission Regulation (EU) No 1171/2011):

                              ‘66.

                                 32011 R 1274: Commission Implementing Regulation (EU) No 1274/2011 of 7 December 2011 concerning a coordinated multiannual control programme of the Union for 2012, 2013 and 2014 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (OJ L 325, 8.12.2011, p. 24).

                        The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                              1.

                              The following shall be added in Article 1:
                              “Iceland may for the years 2012, 2013 and 2014 continue to sample and analyse for the same 61 pesticides as monitored in foodstuffs on its market in 2011.”

                              2.

                              The following shall be added in point 5 of Annex II:

                                          “IS

                                          12 (*)
                                          15 (**)

                                          NO

                                          12 (*)
                                          15 (**)”.’

            Article 2
      The text of Regulation (EU) No 1274/2011 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
      Article 3
      This Decision shall enter into force on …, provided that all the notifications under Article 103(1) of the EEA Agreement have been made to the EEA Joint Committee (4).
      Article 4
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels, … .

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L …

         (2)  OJ L 325, 8.12.2011, p. 24.

         (3)  OJ L 328, 6.12.2008, p. 9.

         (4)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


Avis juridique important

|

31999D1019(01)

Council Decision of 4 October 1999 appointing the members of the Committee of Experts of the European Foundation for the Improvement of Living and Working Conditions

Official Journal C 302 , 19/10/1999 P. 0002 - 0002

COUNCIL DECISIONof 4 October 1999appointing the members of the Committee of Experts of the European Foundation for the Improvement of Living and Working Conditions(1999/C 302/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of the European Foundation for the Improvement of Living and Working Conditions(1), and in particular Article 10 thereof,Having regard to the proposal from the Commission,Whereas: The term of office of the members of the Committee of Experts of the European Foundation for the Improvement of Living and Working Conditions, who were appointed by the Council Decision of 5 December 1995(2), expired on 4 December 1998.Members of the said Committee should be appointed for a three-year period,HAS DECIDED AS FOLLOWS:Article 1The following are hereby appointed members of the Committee of Experts of the European Foundation for the Improvement of Living and Working Conditions for the period from 4 October 1999 to 3 October 2002:Mr. Marc HESELMANSMr. Anders ROSDAHLMr. Norbert ALTMANNMs Christiana THEOCHARIMs Carmen ORTEGA JIMÉNEZMs Françoise PIOTETMr Michael LAYDEMs Silvana SCIARRAMr. Jean-Paul DEMUTHMr. Wout BUITELAARMs Michaela MORITZMr. António Manuel CARVALHO CASIMIRO FERREIRAMr. Jouko NÄTTIMr. Bengt FURÅKERMs Jane MILLARArticle 2This Decision shall be published, for information, in the Official Journal of the European Communities.Done at Luxembourg, 4 October 1999.For the CouncilThe PresidentK. HÄKÄMIES(1) OJ L 139, 30.5.1975, p. 1.(2) OJ C 342, 20.12.1995, p. 1.


title: 2012/536/EU: Decision of the European Parliament and of the Council of 12 September 2012 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/017 ES/Aragón Construction from Spain)

text:
               4.10.2012

               EN

               Official Journal of the European Union

               L 269/7

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 12 September 2012
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/017 ES/Aragón Construction from Spain)
   (2012/536/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened, for applications submitted from 1 May 2009 to 30 December 2011, to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               Spain submitted an application on 28 December 2011 to mobilise the EGF in respect of redundancies in 377 enterprises operating in the NACE Revision 2 Division 41 (‘Construction of buildings’) in the NUTS II region of Aragón (ES24) and supplemented it by additional information up to 23 March 2012. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 1 300 000.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Spain,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2012, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 300 000 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 12 September 2012.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


title: Council Decision (CFSP) 2016/1173 of 18 July 2016 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo

text:
               19.7.2016

               EN

               Official Journal of the European Union

               L 193/108

         COUNCIL DECISION (CFSP) 2016/1173
   of 18 July 2016
   amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 20 December 2010, the Council adopted Decision 2010/788/CFSP. (1)

               (2)

               On 23 June 2016, the United Nations Security Council adopted Resolution 2293 (2016) concerning the Democratic Republic of the Congo (DRC). That Resolution provides for certain amendments to the exemptions to the arms embargo as well as to the criteria for designation with regard to restrictions on travel and the freezing of funds, as imposed by United Nations Security Council Resolution 1807 (2008).

               (3)

               Further Union action is needed in order to implement those amendments,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/788/CFSP is amended as follows:

               (1)

               Article 2(1) is amended as follows:

                           (a)

                           point (c) is replaced by the following:

                                       ‘(c)

                                       the supply, sale or transfer of non-lethal military equipment intended solely for humanitarian or protective use, or the provision of technical assistance and training, related to such non-lethal equipment, as notified in advance to the Sanctions Committee established pursuant to UNSCR 1533 (2004) (Sanctions Committee)’;

                           (b)

                           the following point is added:

                                       ‘(e)

                                       Other sales and/or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Sanctions Committee.’;

               (2)

               Article 3 is amended as follows:

                           (a)

                           point (e) is replaced by the following:

                                       ‘(e)

                                       being involved in planning, directing, or committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals;’;

                           (b)

                           point (g) is replaced by the following:

                                       ‘(g)

                                       supporting individuals or entities, including armed groups or criminal networks, involved in destabilizing activities in the DRC through the illicit exploitation or trade of natural resources, including gold or wildlife as well as wildlife products;’.

         Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 18 July 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP (OJ L 336, 21.12.2010, p. 30).


title: 2010/703/EU: Decision of the Representatives of the Governments of the Member States of 18 November 2010 appointing a Judge to the General Court

text:
               23.11.2010

               EN

               Official Journal of the European Union

               L 306/76

         DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
   of 18 November 2010
   appointing a Judge to the General Court
   (2010/703/EU)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 19 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,
   Whereas:

               (1)

               In accordance with the provisions of the Treaties, every 3 years there should be a partial replacement of the Judges of the General Court. For the period from 1 September 2010 to 31 August 2016, 14 Judges had to be appointed to the General Court.

               (2)

               By Decisions 2010/362/EU (1), 2010/400/EU (2) and 2010/629/EU (3), the Conference of the Representatives of the Governments of the Member States appointed 13 Judges to the General Court for the above period.

               (3)

               Pending completion of the process of appointment of a Judge to the post remaining to be filled, in accordance with the provisions of the Treaty on the Functioning of the European Union, Mr Valeriu CIUCĂ, appointed as a Judge on 1 January 2007, remained in office after 31 August 2010.

               (4)

               The Government of Romania has nominated Mr Andrei POPESCU for the post of Judge of the General Court. The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of that candidate to perform the duties of Judge of the General Court.

               (5)

               A member of the General Court should therefore be appointed for the period from 26 November 2010 to 31 August 2016,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Mr Andrei POPESCU is hereby appointed Judge of the General Court for the period from 26 November 2010 to 31 August 2016.
   Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 18 November 2010.

            For the Council

            The President

         J. DE RUYT

      (1)  OJ L 163, 30.6.2010, p. 41.

      (2)  OJ L 186, 20.7.2010, p. 29.

      (3)  OJ L 278, 22.10.2010, p. 29.


Avis juridique important

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31986D0552

86/552/EEC: Council Decision of 15 September 1986 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Economic Community and the Kingdom of Sweden concerning non-agricultural and processed agricultural products not covered by the Agreement

Official Journal L 328 , 22/11/1986 P. 0030 - 0030

COUNCIL DECISIONof 15 September 1986on the conclusion of  the Agreement in the form of an Exchange of Letters between the European Economic Community and the  Kingdom of Sweden concerning non-agricultural and processed agricultural products not covered by  the Agreement(86/552/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  113 thereof, Having regard to the recommendation from the Commission, Whereas it is necessary to approve the Agreement in the form of an Exchange of Letters between the  European Economic Community and the Kingdom of Sweden concerning nonagricultural and processed  agricultural products not covered by the Agreement, to take account of the accession of the Kingdom  of Spain and the Portuguese Republic to the Community, HAS DECIDED AS FOLLOWS: Article 1The Agreement in the form of an Exchange of Letters concerning  non-agricultural and processed agriculturalproducts not covered by the Agreement between the  European Economic Community and the Kingdom of Sweden is hereby approved on behalf of the  Community. The text of the Exchange of Letters is attached to this Decision. Article 2The President of the Council is hereby authorized to appoint the person empowered to  sign the Agreement in order to bind the Community. Done at Brussels, 15 September 1986. For the CouncilThe PresidentG. HOWESPA:L666UMBE17.97FF: 6UEN;   SETUP: 01;   Hoehe: 336 mm;   37  Zeilen;   1502 Zeichen; Bediener: MARL   Pr.: C; Kunde:


Important legal notice

|

E1998C0319(01)

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court Agreement Decision on a limited extension of the validity of the map of assisted areas (Norway)

Official Journal C 084 , 19/03/1998 P. 0012 - 0012

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court Agreement Decision on a limited extension of the validity of the map of assisted areas (Norway) (98/C 84/04)>TABLE>


Avis juridique important

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31989D0055

89/55/EEC: Council Decision of 23 January 1989 fixing the number of officials whose service may be terminated in 1989

Official Journal L 023 , 27/01/1989 P. 0048 - 0048

*****COUNCIL  DECISION  of 23 January 1989  fixing the number of officials whose service may be terminated in 1989  (89/55/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,  Having regard to Council Regulation (ECSC, EEC, Euratom) No 3518/85 of 12 December 1985 introducing special measures to terminate the service of officials of the European Communities as a result of the accession of Spain and Portugal (1), and in particular the first subparagraph of Article 2 (2) thereof,  Having regard to the proposal from the Commission,  Whereas, for each institution, the number of officials eligible for termination of service measures during 1989 should be fixed in accordance with the conditions laid down in Regulation (ECSC, EEC, Euratom) No 3518/85;  Whereas it is appropriate to guarantee that use can be made, in 1989 or, should the occasion arise, in 1990 and within the limits set out in Article 2 (1) of the said Regulation, of the possibilities for termination of service of which use was not made from 1986 to 1988,  HAS DECIDED AS FOLLOWS:  Sole Article  The number of officials eligible for termination of service measures in 1989 shall be:  - 45 for the European Parliament,  - 30 for the Council,  - 45 for the Commission, under the 'operating' budget,  - 5 for the Commission, under the 'research' budget,  - 5 for the Court of Justice,  - 3 for the Economic and Social Committee,  - 2 for the Court of Auditors.  Done at Brussels, 23 January 1989.  For the Council  The President  F. FERNANDEZ ORDOÑEZ  (1) OJ No L 335, 13. 12. 1985, p. 56.


Avis juridique important

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32004D0181

2004/181/EC: Council Decision of 13 January 2004 on the signature and provisional application of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Slovenia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria from 1 January 2004 to 30 April 2004

Official Journal L 057 , 25/02/2004 P. 0013 - 0013

Council Decisionof 13 January 2004on the signature and provisional application of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Slovenia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria from 1 January 2004 to 30 April 2004(2004/181/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 71(1), in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission negotiated an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Slovenia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria.(2) Subject to its conclusion at a later date, the Agreement should be signed.(3) Arrangements should be made for the provisional application of the Agreement from 1 January 2004,HAS DECIDED AS FOLLOWS:Article 1The President of the Council is authorised to designate the person(s) entitled to sign, on behalf of the European Community, the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Slovenia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria from 1 January 2004 to 30 April 2004, subject to its conclusion at a later date.The text of the Agreement is attached to this Decision.Article 2The Agreement referred to in Article 1 shall be applied on a provisional basis from 1 January 2004.Article 3This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 13 January 2004.For the CouncilThe PresidentB. Cowen


title: Decision (EU) 2017/1701 of the European Parliament of 27 April 2017 on the closure of the accounts of the European Training Foundation for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/288

         DECISION (EU) 2017/1701 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on the closure of the accounts of the European Training Foundation for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Training Foundation for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Training Foundation for the financial year 2015, together with the Foundation'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 Foundation in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0057/2017),

               —

               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 1339/2008 of the European Parliament and of the Council of 16 December 2008 establishing a European Training Foundation (4), and in particular Article 17 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 (5), 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 Employment and Social Affairs (A8-0118/2017),

               1.

               Approves the closure of the accounts of the European Training Foundation for the financial year 2015;

               2.

               Instructs its President to forward this decision to the Director of the European Training Foundation, 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

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 168.

      (2)  See footnote 1.

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

      (4)  OJ L 354, 31.12.2008, p. 82.

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


title: Request for waiver of the immunity of Mr Marek Siwiec European Parliament decision of 20 October 2009 on the request for waiver of the immunity of Marek Siwiec (2009/2067(IMM))

text:
               30.9.2010

               EN

               Official Journal of the European Union

               CE 265/31

         Tuesday 20 October 2009Request for waiver of the immunity of Mr Marek Siwiec
   P7_TA(2009)0050
   European Parliament decision of 20 October 2009 on the request for waiver of the immunity of Marek Siwiec (2009/2067(IMM))
   2010/C 265 E/08

      The European Parliament,
   having regard to the request for waiver of the immunity of Marek Siwiec, forwarded by the Polish Prosecutor-General on 27 September 2006 and announced in plenary sitting on 10 April 2008,
   having heard Marek Siwiec in accordance with Rule 7(3) of its Rules of Procedure,
   having regard to Article 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,
   having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities,
   having regard to Article 105 of the Constitution of the Republic of Poland of 2 April 1997,
   having regard to Article 7b(1) of the Polish Law of 9 May 1996 on the performance of the mandate of deputy or senator,
   having regard to Rules 6(2) and 7 of its Rules of Procedure,
   having regard to the report of the Committee on Legal Affairs (A7-0030/2009),

               A.

               whereas a private prosecution has been brought against Marek Siwiec,

               B.

               whereas it appears from the timing of the prosecution during an electoral campaign three years after the alleged offences were committed, and from the overtly political aims of the private individual bringing the prosecution, as evidenced in particular by documents presented by that individual himself to the President of Parliament and by the fact that he claims to be acting on behalf of citizens who object in general terms to Mr Siwiec's carrying out a public activity, that the bringing of the criminal proceedings in question constitutes a fumus persecutionis, inasmuch as there are serious reasons to believe that the charges against Mr Siwiec have been brought by a political opponent with the principal aim of undermining his activity as a Member of the European Parliament,

               1.

               Decides not to waive the immunity of Marek Siwiec;

               2.

               Instructs its President to forward this decision, and the report of the committee responsible, immediately to the appropriate authority of the Republic of Poland.

      (1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.


Avis juridique important

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31983D0009

83/9/EEC: Council Decision of 17 January 1983 terminating the anti-dumping proceeding concerning imports of codeine and its salts originating in Czechoslovakia, Hungary, Poland and Yugoslavia

Official Journal L 016 , 20/01/1983 P. 0030 - 0032

*****COUNCIL  DECISION  of 17 January 1983  terminating the anti-dumping proceeding concerning imports of codeine and its salts originating in Czechoslovakia, Hungary, Poland and Yugoslavia  (83/9/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No1580/82 (2), and in particular Article 9 thereof,  Having regard to the proposal from the Commission submitted after consultations within the Advisory Committee set up by the abovementioned Regulation,  Whereas the Commission received a complaint lodged by the two major German manufacturers which, at that time, accounted for a large proportion of the total Community output of codeine and its salts; whereas the complaint contained evidence of the existence of dumping in respect of like products originating in Czechoslovakia, Hungary, Poland and in Yugoslavia and of material injury resulting therefrom;  Whereas, since the said evidence was sufficient to justify initiating a proceeding, the Commission accordingly announced, by a notice published in the Official Journal of the European Communities (3), the initiation of a proceeding concerning imports of such products originating in the said countries and started an investigation at Community level;  Whereas the Commission officially so advised the exporters and importers known to be concerned as well as the representatives of the exporting countries and the complainants;  Whereas the Commission gave the parties directly concerned the opportunity to make known their views in writing and to be heard orally; whereas all exporters and importers known to be concerned have taken this opportunity;  Whereas, in order to arrive at a preliminary determination of dumping and injury, the Commission sought to obtain and verify all information which it deemed to be necessary; whereas the Commission had also to take into consideration the fact that trade in codeine and its salts is subject to international control under the 1961 Single Convention and that, owing to the import restrictions applied on this basis by the other Member States, the Federal Republic of Germany is the only important Community market on which the said goods can be freely imported;  Whereas the Commission carried out inspections at the premises of the sole Yugoslav producer Alkaloid, Skopje and at the premises of the two complainants E Merck, Darmstadt and Boehringer, Ingelheim;  Whereas, for its determination of dumping the Commission had to take account of the fact that Czechoslovakia, Hungary and Poland are not market economy countries;  Whereas for that reason, the Commission had to base its calculations on the normal value in a market country; whereas, in that connection, the complainant suggested the domestic price in Yugoslavia; whereas the Hungarian exporter disputed the choice of the Yugoslav domestic price as a basis for the determination of normal value and alleged that the protection of the Yugoslav market led to internal prices which were artificially high; whereas as an alternative the Hungarian exporter suggested that a normal value be established by using the export price of another market economy third country to Germany; whereas the Commission considered that the additional administrative burden which would be imposed on it by carrying out investigations in a further market economy country would be unjustified unless it could be demonstrated that it would be manifestly more appropriate and reasonable to use another third country's normal value rather than to use prices or costs in Yugoslavia; whereas, in view of the fact that practically all countries producing codeine protect their home market, the Commission considered the choice of a third country's export price to be inappropriate because it was always likely to be dumped and because there was no justification for discriminating between Yugoslavia and the other three countries concerned by basing the normal value in one case on allegedly artificially high internal prices and in the other cases on a lower and therefore dumped export price; whereas the Commission has consequently, since no other objections against the Yugoslav price were brought forward, based its preliminary determinations of normal value on the domestic price in Yugoslavia during the period 1 January 1980 to 31 March 1981;  Whereas export prices for the Czechoslovakian exporter Chemapol, the Hungarian exporter Medimpex, the Polish exporter Ciech and the Yugoslav exporter Alkaloid were established on the basis of the information obtained from these companies; whereas in the case of Alkaloid this information was verified on the spot, while in respect of the other exporting companies the cif prices were checked by reference to the official German import statistics;  Whereas the normal value was compared with the export prices of the four exporting companies; whereas these comparisons were made at the ex-factory level for sales made during the period 1 January 1980 to 31 March 1981; whereas this preliminary investigation of dumping showed dumping margins of 93;6 % for Alkaloid, 94;3 % for Chemapol, 99;8 % for Medimpex and 87;5 % for Ciech;  Whereas, with regard to injury caused by the dumped imports to the Community industry, the evidence available to the Commission during the preliminary investigations shows that imports from Poland into the Federal Republic of Germany have increased from 500 kg in 1978 to 2 645 kg in 1980; whereas during the same period imports from Czechoslovakia have increased from 400 to 620 kg and those from Hungary from 0 to 200 kg after reaching a peak of 650 kg in 1979; whereas imports from Yugoslavia increased from 275 kg in 1978 to 3 164 kg in 1979 and dropped to 450 kg in 1980;  Whereas in 1980 Polish exports held a share of 11;6 % and Czechoslovakian exports a share of 2;7 % of the German market; whereas the market share of Hungarian exports dropped from 3;2 % in 1979 to 0;9 % in 1980 and during the same period the Yugoslav market share dropped from 15;4 % to 2;0 %;  Whereas the prices of the dumped imports were significantly below the prices charged by the two complaining German producers; whereas in 1980 Polish import prices, on average, undercut the domestic selling prices of the two German producers by more than 41 %; whereas the corresponding figures for the other exporters concerned were 32 % in the case of Czechoslovakian, 43 % in the case of Hungarian and 34 % in the case of Yugoslav  Whereas the consequent impact on the German industry has contribued to an alarming drop in the market share held by the complainants from 23 % in 1978 to 6;3 % in 1980, a drop in sales volume of up to 90 % and an increase in the average storage time at the premises of the complainants from around 150 days in 1978 to up to 960 days in 1980; whereas both complainants, due to the depressed price levels, suffered serious losses in 1979 and 1980 and were forced to stop their production and to reduce their work force by 50 %;  Whereas the Commission has also considered whether injury has been caused by other factors such as volume and prices of imports from other countries, which individually or in combination are also adversely affecting the complainants; whereas imports into the Federal Republic of Germany from other Member States also increased from 6 946;5 kg in 1978 to 10 572 kg in 1980; whereas during the same period the market share held by these imports increased from 35;7 to 46;4 %; whereas in 1980 the average price of these imports was more than 39 % below the average domestic selling prices of the two German firms;  Whereas, in addition, in 1977 import prices of the products concerned originating in the countries subject to this proceeding were well above the comparable price of the products originating in other Member States; whereas, in 1978, while the differential between the price levels of the various imports was, in general, maintained, a sharp drop in prices of imports from all sources coincided with an increase in the market share of imports originating in Member States from 31;9 to 35;7 %; Whereas, under these circumstances, it appears that the imports from other Member States have been the principal cause of injury and it is difficult to establish whether the imports from Czechoslovakia, Hungary, Poland and Yugoslavia, taken in isolation, have caused material injury to the Community industry concerned;  Whereas, furthermore, the interests of the Community do not call for Community intervention against the dumped imports as long as other Member States, while maintaining import restrictions, continue to export low priced codeine to the Federal Republic of Germany; whereas any restriction on the imports from the four countries concerned would probably only result in their being replaced by low-priced imports from the rest of the Community as happened between 1979 and 1980, when an increase of 7;3 % in imports of Community origin coincided with a drop of 8;9 % in imports from the four countries concerned;  Whereas the Commission's view is that, on the basis of the foregoing, the proceeding should be terminated; whereas, however, one Member State has raised an objection in the Advisory Committee; whereas the Commission has therefore referred the matter to the Council;  Whereas on the basis of the above findings it has been determined that any action taken against the imports found to be dumped would not give relief to the complainant industry and that it is, therefore, not in the Community's interests at this time to take protective measures against these dumped imports; whereas, in these circumstances the procedure concerning imports of codeine and its salts from Czechoslovakia, Hungary, Poland and Yugoslavia should be terminated,  HAS DECIDED AS FOLLOWS:  Sole Article  The anti-dumping proceeding concerning imports of codeine and its salts originating in Czechoslovakia, Hungary, Poland and Yugoslavia is hereby terminated.  Done at Brussels, 17 January 1983.  For the Council  The President  J. ERTL  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No C 71, 1. 4. 1981, p. 2.


title: 2011/477/EU: Commission Decision of 27 July 2011 on the safety requirements to be met by European standards to address certain risks posed to children by internal blinds, corded window coverings and safety devices pursuant to Directive 2001/95/EC of the European Parliament and of the Council  Text with EEA relevance

text:
               28.7.2011

               EN

               Official Journal of the European Union

               L 196/21

         COMMISSION DECISION
   of 27 July 2011
   on the safety requirements to be met by European standards to address certain risks posed to children by internal blinds, corded window coverings and safety devices pursuant to Directive 2001/95/EC of the European Parliament and of the Council
   (Text with EEA relevance)
   (2011/477/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular Article 4(1)(a) thereof,
   Whereas:

               (1)

               Under the second subparagraph of Article 3(2) of Directive 2001/95/EC, a product is presumed safe when it complies with voluntary national standards transposing European standards, the references of which have been published in the Official Journal of the European Union.

               (2)

               Those European standards are to be established by European standardisation bodies on the basis of specific safety requirements determined by the Commission.

               (3)

               Many homes have blinds and other window coverings with cords that are used to raise or lower the product (operating cord) or to connect its different parts (inner cord). These cords pose a strangulation hazard to children, as loops can be formed and children can become entangled in them, while playing near the window. Children can also climb on window sills or furniture to access the cords. Accidents can also happen when beds or cots are placed near windows where cords are within reach of children.

               (4)

               In 1998, in a sample of hospitals in the 15 Member States of the European Union, 129 children were hospitalised due to an injury involving a window blind loop or drapery cord (2). In the United Kingdom, it is estimated that one or two children die every year after becoming entangled in the cords of a blind. More recently, the Commission has become aware of 10 fatal accidents involving children aged between 15 and 36 months that occurred in Ireland, Finland, the Netherlands, the United Kingdom and Turkey in the period 2008 to 2010. In the United States 119 fatalities and 111 near-misses involving corded window coverings were reported to have occurred since 1999. In Canada, 28 fatalities and 23 near-misses have been linked to the same products since 1986. In Australia, at least 10 children have been accidentally strangled by blinds cords since 2000 (3). However, these figures capture only a part of the problem, as many such accidents are not reported (4).

               (5)

               Research indicates that most accidental deaths involving blind cords happen in bedrooms and the children concerned are aged between 16 months and 36 months. Over half these accidents happen to children around 23 months. Although fully mobile at that age, children find it difficult to free themselves if they become entangled in the cords, as their heads still weigh more in proportion to their bodies compared to adults, and their muscular control is not yet fully developed. In addition, their windpipes have not yet fully developed and are thus smaller and less rigid than in adults and older children, so that they suffocate more quickly if their necks are constricted (5).

               (6)

               European standard EN 13120:2009 contains performance requirements for internal blinds, including safety. However, some models of blinds, which have been linked to accidents, are not included within the scope of this standard.

               (7)

               European standard EN 13120:2009 refers to both manual and power-operated internal blinds, the latter being covered in relationship with Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery (6). However, this Directive does not cover child-safety in relation to the specific risk of strangulation and does not apply to corded blinds manually operated.

               (8)

               Motorisation can eliminate the risks associated with the operating cords, but not the risks relating to the inner cords.

               (9)

               Other window coverings with hazardous cords exposed pose a similar risk to children.

               (10)

               Reports of cord-related accidents give the cause of death as internal asphyxiation. Existing European standards relating to window coverings and blinds do not contain requirements to address this risk.

               (11)

               To cover the risk of incorrect installation or lack of installation, manufacturers should improve the design of the safety devices or of the window coverings to prevent the product being used if the safety devices are not properly installed.

               (12)

               It is therefore necessary to lay down safety requirements to ensure that internal blinds and other corded window coverings are inherently safe for children, eliminating the risk of strangulation and internal asphyxiation due to accessible cords and small parts.

               (13)

               In addition to requirements concerning the safe operation of corded window coverings and blinds, requirements and product safety information must be also developed for the safety devices.

               (14)

               The measures provided for in this Decision are in accordance with the opinion of the Committee set up under Article 15 of Directive 2001/95/EC and neither the European Parliament nor the Council has opposed them,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of this Decision the following definitions shall apply:

               (a)

               ‘internal blinds’ shall mean a window covering product fitted anywhere within the internal surface of the building;

               (b)

               ‘corded window coverings’ shall mean a product used to cover a window, other than an internal blind, which features exposed cords. Window coverings can be placed outside the window, or inside two window panels, or in front of a window;

               (c)

               ‘hazardous loop’ shall mean a loop of exposed cord, chain or similar, combined or not with fabric, and that would fit over the head or around the neck of a young child creating a strangulation hazard;

               (d)

               ‘safety devices’ shall mean a device or a design that protects a young child from the risk of strangulation by, for example, preventing the forming of a hazardous loop in the cord or chain, breaking the hazardous loop, releasing a cord or a chain when a hazardous loop is formed or when the cord or a chain is subject to a load, making the cord or chain inaccessible to children, preventing the cords getting entangled;

               (e)

               ‘accessible cord(s), chain(s), ball-chain(s) or similar’ shall mean cord(s), chain(s), ball-chain(s) or similar that are exposed from the front, back or side of the blind or window covering, and can be reached and pulled by a young child, creating a strangulation hazard. Height is not considered as a restriction to accessibility.

         Article 2
   The safety requirements for internal blinds, corded window coverings and safety devices to be met by European standards pursuant to Article 4 of Directive 2001/95/EC are set out in the Annex to this Decision.
   Article 3
   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      Done at Brussels, 27 July 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 11, 15.1.2002, p. 4.

      (2)  http://ec.europa.eu/consumers/reports/rights_child_safety_prod.pdf

      (3)  http://www.ocba.sa.gov.au/productsafety/warning/blindcords.html

      (4)  http://www.cpsc.gov/CPSCPUB/PREREL/PRHTML97/97136.html

      (5)  http://www.rospa.com/about/currentcampaigns/blindcords/

      (6)  OJ L 157, 9.6.2006, p. 24.

      ANNEX

         Safety requirements for internal blinds, corded window coverings and safety devices

      1.   SCOPE
      The safety requirements detailed in this document shall apply to all internal blinds and corded window coverings whatever their design and the nature of the materials used, such as:

                  —

                  Venetian blinds,

                  —

                  roller blinds,

                  —

                  vertical blinds,

                  —

                  pleated and honeycomb blinds,

                  —

                  Roman Shades,

                  —

                  Austrian/Festoon blinds,

                  —

                  panel blinds,

                  —

                  plantation shutters,

                  —

                  roll-up blinds.

            Draperies, insect screens and blinds in sealed-glazed units, if operated with cords, chains and ball-chains or similar, which are accessible and form a hazardous loop are also subject to these requirements.
      These safety requirements shall refer to children (young children) aged from 0 to 42 months as a minimum.
      2.   REQUIREMENTS
      In defining performance requirements for internal blinds and corded window coverings, it is essential to consider their reasonable foreseeable conditions of use, and the potential hazards that can result from accessible cord(s), chain(s), ball-chain(s) or similar to children.
      In order to reduce the risk of strangulation and internal asphyxiation internal window blinds (and corded window coverings) shall be of an inherently safe design. Every possible means, based in the state of the art and technology, shall be considered for the safe design of the product, when used in all reasonably foreseeable environments where young children have access to or are likely to be present, such as, for example, homes, hotels, hospitals, churches, shops, schools, nurseries, and public places in general. Blinds and window coverings to be fitted in offices or any other place, which is transformed from its initial destination and where young children are likely to be present, shall also be subject to the present requirements.
      Internal blinds and corded window coverings that have accessible cord(s), chain(s), ball-chain(s) or similar shall comply with the following minimum requirements:

                  1.

                  cord(s), chain(s), ball-chain(s) and similar shall not form a hazardous loop;

                  2.

                  if the design of the product does not eliminate the risk that a hazardous loop is formed, the product shall be provided with appropriate safety devices, to minimise the risk of strangulation;

                  3.

                  safety devices shall be provided as an integral part of the product;

                  4.

                  safety devices which are non-integral (such as cleats) shall be pre-installed on the operating cord(s) or chain(s) or ball-chain(s) of the blind or window covering. In addition, a warning shall be conspicuously displayed on the safety device. The warning shall convey at least the following messages: ‘Children can strangle if this device is not installed. Read carefully the instructions and install accordingly. Always use this device to keep cords or chains out of reach of children’.

                  5.

                  if present, the safety device(s) shall be resistant to the operation by young children. In addition, the safety device(s) shall not pose risks of physical injuries to children, due, for example, to sharp edges, entrapment of fingers or protruding parts. The safety devices shall also sustain durability and fatigue tests (wear and tear) and shall be resistant to ageing due to weather conditions. The safety device shall not release small parts that could result in internal asphyxiation of the child.

                  6.

                  cord(s), chain(s), ball-chain(s) and similar shall not release small parts which could result in internal asphyxiation of the child.

            3.   PRODUCT SAFETY INFORMATION
      Warnings shall be provided, in a clear and conspicuous way at the point of sale, on the package, on the product and in the information for use. The warnings shall convey at least the following:

                  —

                  ‘Young children have been strangled by loops in pull-cords, chains and tapes, and cords that operate the product’,

                  —

                  ‘To avoid strangulation and entanglement, keep cords out of the reach of young children. Cords may become wrapped around a child’s neck’,

                  —

                  ‘Move beds, cots and furniture away from window covering cords’,

                  —

                  ‘Do not tie cords together. Make sure cords do not twist and create a loop’.

            The warnings shall include the relevant pictogram.
      The name or trademark of the manufacturer or importer and professional installer (if any) shall also be displayed on the product.
      Instructions for assembling, installing and safely using the blind or the window covering (including the safety device(s)) shall be included in the package.
      4.   REQUIREMENTS FOR SAFETY DEVICES INTENDED FOR RETROFITTING
      Internal blinds or corded window coverings fitted with the relevant safety device(s), shall fulfil the requirements set out in section 2.
      The safety device(s) shall be accompanied by the following warnings, information and instructions:

                  —

                  the name or trademark of the manufacturer or importer and professional installer (if any),

                  —

                  the instructions: ‘Read these instructions carefully before installing and using the device. Children can be strangled if the device is not installed correctly. Keep the instructions for future reference’‘Use of additional safety devices helps reduce the risk of strangulation but cannot be considered entirely foolproof’,

                  —

                  the instructions: ‘Test the device if not used regularly’ and ‘Replace the device if it is faulty’,

                  —

                  a warning that the release of small parts could result in the internal asphyxiation of the child,

                  —

                  information on the type of internal blind or corded window covering for which the product is designed and tested,

                  —

                  information on the use (purpose, and possible limitations of the safety device),

                  —

                  precise instructions on correct installation and location of the device(s). If a special assembly tool is needed, it shall be provided by the supplier of the device(s),

                  —

                  the instructions shall be accompanied by pictograms to facilitate understanding,

                  —

                  any other information for safe use.


Avis juridique important

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31999D0215

1999/215/EC: Commission Decision of 16 March 1999 accepting undertakings offered in connection with the anti-dumping proceedings concerning imports of polypropylene binder or baler twine originating in Poland, the Czech Republic and Hungary and terminating the proceeding in respect of such imports originating in Saudi Arabia (notified under document number C(1999) 479)

Official Journal L 075 , 20/03/1999 P. 0034 - 0035

COMMISSION DECISION of 16 March 1999 accepting undertakings offered in connection with the anti-dumping proceedings concerning imports of polypropylene binder or baler twine originating in Poland, the Czech Republic and Hungary and terminating the proceeding in respect of such imports originating in Saudi Arabia (notified under document number C(1999) 479) (1999/215/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), as last amended by Regulation (EC) No 905/98 (2), and in particular Articles 8 and 9 thereof,After consulting the Advisory Committee,Whereas:(1) By Regulation (EC) No 2107/98 (3), the Commission imposed provisional anti-dumping duties on imports of polypropylene binder or baler twine originating in Poland, the Czech Republic, Hungary and Saudi Arabia, and accepted price undertakings offered by the Hungarian producers. By Regulation (EC) No 2649/98 (4), the Commission also accepted a price undertaking offered by a Czech producer.(2) Following the imposition of the provisional anti-dumping measures, and in accordance with Article 8(6) of Regulation (EC) No 384/96 (hereinafter referred to as the 'basic Regulation`), the Commission continued its investigation of dumping, injury and Community interest. It was established that, with the exception of Saudi Arabia, definitive anti-dumping measures should be imposed in order to eliminate the injurious effects of dumping.The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 603/1999 imposing a definitive anti-dumping duty on imports of polypropylene binder or baler twine originating in Poland, the Czech Republic and Hungary, and collecting definitively the provisional duty imposed (5).(3) In accordance with the provisions of the undertakings, the minimum prices contained therein have been amended, where appropriate, in line with the definitive findings of the investigation. They are now appropriate to remedy the injurious effect of dumping.Subsequent to the Commission's acceptance of these undertakings, another Czech and a Polish producer also offered undertakings which were judged acceptable.It is therefore appropriate to accept in this Decision all the undertakings offered.(4) On the basis of the definitive findings of the investigation, it was concluded that the injury margin for the sole Saudi Arabian exporting producer (Synthec) was at a de minimis level, and it was therefore concluded that the proceedings with regard to Saudi Arabia should be terminated.(5) In the event of a breach or withdrawal of the undertaking a provisional or definitive anti-dumping duty may be imposed, pursuant to Article 8(9) and (10) of the basic Regulation,HAS DECIDED AS FOLLOWS:Article 1 1. The undertakings offered by the producers mentioned below, in the framework of the anti-dumping proceedings concerning imports into the Community of polypropylene binder or baler twine originating in Poland, the Czech Republic and Hungary, are hereby accepted.>TABLE>2. The investigations in connection with the anti-dumping proceedings referred to in paragraph 1 are hereby terminated with regard to the parties named in that paragraph.Article 2 The proceeding in respect of imports of polypropylene binder or baler twine originating in Saudi Arabia is hereby terminated.Article 3 This Decision shall take effect on the day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 16 March 1999.For the CommissionLeon BRITTANVice-President(1) OJ L 56, 6. 3. 1996, p. 1.(2) OJ L 128, 30. 4. 1998, p. 18.(3) OJ L 267, 2. 10. 1998, p. 7.(4) OJ L 335, 10. 12. 1998, p. 41.(5) See page 1 of this Official Journal.