title: 2011/476/EU: Commission Decision of 27 July 2011 on the safety requirements to be met by European standards for stationary training equipment 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 196/16

         COMMISSION DECISION
   of 27 July 2011
   on the safety requirements to be met by European standards for stationary training equipment pursuant to Directive 2001/95/EC of the European Parliament and of the Council
   (Text with EEA relevance)
   (2011/476/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)

               Directive 2001/95/EC provides for European standards to be established by European standardisation bodies. Such standards should ensure that products satisfy the general safety requirement of the Directive.

               (2)

               Under Directive 2001/95/EC, a product is to be presumed safe when it conforms to voluntary national standards transposing European standards, the references of which have been published by the Commission in the Official Journal of the European Union.

               (3)

               Article 4 of Directive 2001/95/EC lays down the procedure for drawing up European standards. Under that procedure, the Commission is to determine the specific safety requirements which European standards should satisfy and subsequently, on the basis of those requirements, to give mandates to the European standardisation bodies to draw up those standards.

               (4)

               The Commission is to publish the references of the European standards adopted in this way in the Official Journal of the European Union.

               (5)

               Under the second subparagraph of Article 4(2) of Directive 2001/95/EC, the references of European standards, which have been adopted by the European standardisation bodies before the entry into force of that Directive, may be published in the Official Journal of the European Union even in the absence of a Commission mandate, if those standards ensure compliance with the general safety requirement laid down in that Directive.

               (6)

               By its Decision 2006/514/EC (2) the Commission published the references of nine European standards concerning the safety of stationary training equipment in the Official Journal of the European Union.

               (7)

               The nine European standards on the safety of stationary equipment concerned by Decision 2006/514/EC are not supported by a Commission mandate adopted in accordance with Article 4(1).

               (8)

               Three of those standards, EN 957-4:1996, EN 957-5:1996, and EN 957-6:2001, have been replaced by new versions, EN 957-4+A1:2010, EN 957-5:2009, and EN 957-6:2010. These new versions were adopted after the entry into force of Directive 2001/95/EC and their references cannot, as a consequence, be published in the Official Journal of the European Union in the absence of a Commission mandate laying down specific safety requirements.

               (9)

               In order to assess the conformity of the new versions and of any subsequent versions of the European standards for stationary training equipment with the general safety requirement of Directive 2001/95/EC, it is necessary to reinstate the procedure laid down in Article 4 of that Directive.

               (10)

               The Commission should therefore determine specific safety requirements for stationary training equipment with a view to mandating the European standardisation bodies to develop relevant European standards on the basis of those requirements.

               (11)

               Once the relevant standards are available, and provided that the Commission decides to publish their reference in the Official Journal of the European Union, according to the procedure laid down in Article 4(2) of Directive 2001/95/EC, stationary training equipment which complies with those standards is to be presumed to conform to the general safety requirement of Directive 2001/95/EC, as far as the safety requirements covered by the standards are concerned.

               (12)

               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,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of this Decision ‘stationary training equipment’ means a product driven or not by a motor, used for training, exercising, diagnostic or rehabilitation purposes, involving repetitive movements and which remains static during use. This equipment either stands on the floor, or is fixed to the ceiling or a wall or other fixed structure.
   Article 2
   The specific safety requirements for the products referred to in Article 1 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)  OJ L 200, 22.7.2006, p. 35.

      ANNEX

         SPECIFIC SAFETY REQUIREMENTS FOR STATIONARY TRAINING EQUIPMENT

         Part I

         Product and product definition

      The stationary training equipment covered by this mandate is used for training, exercising, diagnostic or rehabilitation purposes, involving repetitive movements. The equipment remains static during use. It either stands on the floor, or is fixed to the ceiling, a wall or other fixed structure.
      This equipment is generally used in fitness studios, hotels, sports and health clubs, rehabilitation centres, or at home. The area in which the equipment is used constitutes a ‘training area’, access to which may be restricted to users and professional staff (e.g. trainers, medical staff).
      Motor-driven equipment is included within the scope of these requirements for the risks not covered by the Machinery Directive (Directive 2006/42/EC of the European Parliament and of the Council (1)).
      For some specific training equipment, additional safety requirements are provided to complement general requirements.
      If the intended use of the stationary training equipment is also covered by Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (2), the applicable additional requirements shall be fulfilled.
      Stationary training equipment covered by this mandate should be classified by specific accuracy and usage classes, according to the purpose of the equipment:

         Accuracy classes

      Class A: high accuracy;
      Class B: medium accuracy;
      Class C: minimum accuracy.

         Usage classes

      Class S (Studio): professional and/or commercial use;
      Class H (Home): domestic use;
      Class I: professional and/or commercial use, including use by people with special needs (e.g. visual, hearing, physical or learning disabilities)

         Part II

      A.   General safety requirements

      The products shall comply with the general safety requirement referred to in Directive 2001/95/EC and be ‘safe’ within the meaning of Article 2(b) thereof. In particular, the product shall be safe under normal and foreseeable conditions of use (including, for example, storage, transport to the storage space, installation, dismantling and maintenance) throughout the life of the product. The equipment should also be safe for professional users (e.g. trainers, teachers).
      During normal reasonable and foreseeable conditions of stationary training equipment the risk of injury or damage to health and safety shall be minimised. All parts accessible to the user — or third parties — during normal or intended use shall not cause physical injuries or influence the health of the user negatively.
      Users shall be informed of the risks and dangers likely to occur and how to prevent them.
      Although training equipment is not intended for children, these products are becoming increasingly popular at home and may therefore be easily accessible to them. Accidents with home equipment involving children can lead to severe injuries (mainly to fingers and toes), as well as burns, lacerations and strangulations. Where such risks cannot be sufficiently minimised by design or safeguards, the residual risk shall be addressed by product-related information directed at parents or caregivers.
      B.   Specific safety requirements

      In applying the general safety requirement referred to in Directive 2001/95/EC, the following shall be taken into account, as a minimum:

                  (a)

                  Stability of free-standing equipment;

                  (b)

                  Sharp edges and burrs;

                  (c)

                  Tube ends;

                  (d)

                  Squeeze, shear, rotating and reciprocating points within the accessible area;

                  (e)

                  Weights;

                  (f)

                  Equipment access and escape;

                  (g)

                  Adjustment and locking mechanisms;

                  (h)

                  Ropes, belts and chains;

                  (i)

                  Wire ropes and pulleys;

                  (j)

                  Rope and belt guides;

                  (k)

                  Pull-in points;

                  (l)

                  Gripping positions;

                  (m)

                  Integral handgrips;

                  (n)

                  Applied handgrips;

                  (o)

                  Rotating handgrips;

                  (p)

                  Electrical safety;

                  (q)

                  Care and maintenance;

                  (r)

                  Assembly instructions;

                  (s)

                  General instructions for use;

                  (t)

                  Basic biomechanical requirements;

                  (u)

                  Marking;

                  (v)

                  Warnings, especially concerning risks for children;

                  (w)

                  Immobilisation unit especially for children by locking the power out.

            In applying the general safety requirement referred to in Directive 2001/95/EC, the following tests shall be taken into account, as a minimum:

                  (a)

                  Dimensional check;

                  (b)

                  Visual examination;

                  (c)

                  Tactile examination;

                  (d)

                  Performance test;

                  (e)

                  Manufacturer’s certificate;

                  (f)

                  Testing of pull-in points;

                  (g)

                  Test conditions;

                  (h)

                  Stability test;

                  (i)

                  Determination of breaking load of ropes, belts and chains;

                  (j)

                  Testing of flywheels;

                  (k)

                  Determination of the removing force of applied handgrips;

                  (l)

                  Testing of access/escape;

                  (m)

                  Testing of endurance load;

                  (n)

                  Testing of heart rate control mode;

                  (o)

                  Testing of accuracy of the power readouts;

                  (p)

                  Assessment of the instructions and warnings;

                  (q)

                  Test report.

         (1)  OJ L 157, 9.6.2006, p. 24.

         (2)  OJ L 169, 12.7.1993, p. 1.


title: 2008/336/EC: Council Decision of 14 April 2008 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               29.4.2008

               EN

               Official Journal of the European Union

               L 115/32

      COUNCIL DECISION

   of 14 April 2008
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   (2008/336/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nominations submitted by the SPANISH and the NETHERLANDS Governments,
   Whereas:

               (1)

               By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009.

               (2)

               Two members' seats on the Governing Board of the Centre in the category of Government representatives have become vacant as a result of the resignations of Ms Pilar GÓMEZ MUÑOZ and Mr Marcel NOLLEN,

               (3)

               The two members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following persons are hereby appointed members of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2009:

      GOVERNMENT REPRESENTATIVES

               SPAIN: Ms María José GARIJO EQUIZA

               The NETHERLANDS: Mr Peter van IJSSELMUIDEN

      Done at Luxembourg, 14 April 2008.

            For the Council

            The President

         I. JARC

      (1)  OJ L 39, 13.2.1975, p. 1. Regulation as last amended by Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1).

      (2)  OJ C 240, 5.10.2006, p. 1.


title: Council Decision (EU) 2016/2136 of 21 November 2016 on the signing, on behalf of the European Union, of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs

text:
               7.12.2016

               EN

               Official Journal of the European Union

               L 332/1

         COUNCIL DECISION (EU) 2016/2136
   of 21 November 2016
   on the signing, on behalf of the European Union, of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 18 June 2007 the Council authorised the Commission to open negotiations with Iceland with a view to signing an agreement on the protection of geographical indications for agricultural products and foodstuffs (‘the Agreement’). The negotiations were successfully concluded by the initialling of the Agreement.

               (2)

               The Parties agree to promote between each other the harmonious development of geographical indications as defined in Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1) and to foster trade in agricultural products and foodstuffs with geographical indications originating in the Parties' territories.

               (3)

               Therefore, the Agreement should be signed on behalf of the Union, subject to its conclusion at a later date,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs is hereby authorised, subject to the conclusion of the said Agreement (2).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 November 2016.

            For the Council

            The President

         P. PLAVČAN

      (1)  Annex 1C of the Marrakesh Agreement Establishing the World Trade Organisation, signed in Marrakesh, Morocco on 15 April 1994.

      (2)  The text of the Agreement will be published in the Official Journal together with the decision on its conclusion.


title: Decision No 1672/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community Programme for Employment and Social Solidarity — Progress

text:
               15.11.2006

               EN

               Official Journal of the European Union

               L 315/1

      DECISION No 1672/2006/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 24 October 2006
   establishing a Community Programme for Employment and Social Solidarity — Progress
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 13(2), 129 and 137(2)(a) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               The Lisbon European Council of 23 and 24 March 2000 incorporated the promotion of employment and social inclusion as an integral part of the overall strategy of the Union in order to achieve its strategic goal for the next decade of becoming the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth, with more and better jobs and greater social cohesion. It set ambitious objectives and targets for the Union aiming to recreate the conditions for full employment, improve quality and productivity at work, and promote social cohesion and an inclusive labour market. Furthermore, the strategy was focused upon again by the Brussels European Council of 22 and 23 March 2005.

               (2)

               In line with the Commission's express intention of consolidating and rationalising Community funding instruments, this Decision should establish a single and streamlined programme providing for the continuation and development of the activities launched on the basis of Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to combat discrimination (2001 to 2006) (4), Council Decision 2001/51/EC of 20 December 2000 establishing a Programme relating to the Community framework strategy on gender equality (2001-2005) (5) and European Parliament and Council Decisions No 50/2002/EC (6) of 7 December 2001 establishing a programme of Community action to encourage cooperation between Member States to combat social exclusion, No 1145/2002/EC (7) of 10 June 2002 on Community incentive measures in the field of employment and No 848/2004/EC (8) of 29 April 2004 establishing a Community action programme to promote organisations active at European level in the field of equality between men and women, as well as those activities undertaken at Community level in relation to working conditions.

               (3)

               The Extraordinary European Council on Employment in Luxembourg of 20 and 21 November 1997 launched the European Employment Strategy to coordinate Member States' employment policies on the basis of commonly agreed employment guidelines and recommendations. The European Employment Strategy is now the most important instrument at European level for implementation of the employment and labour market objectives of the Lisbon Strategy.

               (4)

               The Lisbon European Council concluded that the number of people living below the poverty line and in social exclusion in the Union was unacceptable and therefore deemed it necessary to take steps to make decisive progress in the eradication of poverty by setting adequate objectives. Such objectives were agreed by the Nice European Council of 7, 8 and 9 December 2000. It further agreed that policies for combating social exclusion should be based on the open method of coordination, combining national action plans and a Commission initiative for cooperation.

               (5)

               Demographic change represents a major long-term challenge to the ability of social protection systems to deliver adequate pensions and high-quality health and long-term care which are accessible to all and can be funded in the long term. It is important to promote policies that can achieve both adequate social protection and the sustainability of social protection systems. The Lisbon European Council decided that cooperation in this area should be based on the open method of coordination.

               (6)

               Attention should be drawn to the specific situation of migrants in this context and also to the importance of taking action to transform undeclared work into regular employment.

               (7)

               Ensuring minimum standards and the constant improvement of working conditions in the Union is a central feature of European social policy and an important overall objective of the European Union. The Community has an important role to play in supporting and complementing Member States' activities in the fields of workers' health and safety, working conditions, including the need to reconcile work and family life, protection of workers where their employment contract is terminated, information, consultation and participation of workers, and representation and collective defence of the interests of workers and employers.

               (8)

               Non-discrimination is a fundamental principle of the European Union. Article 13 of the Treaty provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Non-discrimination is also enshrined in Article 21 of the Charter of Fundamental Rights of the European Union. The specific features of the diverse forms of discrimination should be accommodated, and appropriate action developed in parallel to prevent and combat discrimination on one or more grounds. Therefore, when considering the accessibility and results of the Programme, the particular needs of people with disabilities should be taken into account in terms of ensuring their full and equal access to the activities funded by this Programme and the results and evaluation of those activities, including the compensation of additional costs that they incur as a result of their disability. Experience gained over many years of combating certain forms of discrimination, including discrimination based on sex, may be useful in combating other kinds of discrimination.

               (9)

               On the basis of Article 13 of the Treaty, the Council has adopted the following directives: Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin which prohibits discrimination based on racial or ethnic origin (9) in, inter alia, employment, vocational training, education, goods and services and social protection, Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (10) which prohibits discrimination in employment and occupation on the grounds of religion or belief, disability, age and sexual orientation, and Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (11).

               (10)

               Pursuant to Articles 2 and 3 of the Treaty equal treatment for men and women is a fundamental principle of Community law. The directives and other acts adopted on the basis of this principle play a major part in improving the situation of women in the Union. Experience of action at Community level has shown that promoting gender equality in Community policies and combating discrimination in practice call for a combination of instruments, including legislation, funding tools and mainstreaming, designed to complement one another. In accordance with the principle of equality between men and women, gender mainstreaming should be promoted in all sections and activities of the Programme.

               (11)

               Many non-governmental organisations (NGOs) active at various levels can make an important contribution at European level through key networks which assist in changing policy orientations relating to the general objectives of the Programme.

               (12)

               Since the objectives of this Decision cannot be sufficiently achieved at Member States level because of the need for exchange of information at European level and the Community-wide dissemination of good practice and since therefore these objectives can, by reason of the multilateral dimension of the Community actions and measures, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives.

               (13)

               This Decision lays down, for the entire duration of the Programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (12), for the budgetary authority during the annual budgetary procedure.

               (14)

               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (13).

               (15)

               As the Programme is divided into five sections, Member States may provide for the rotation of their national representatives according to the subjects addressed by the Committee assisting the Commission,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Establishment and duration of the Programme
   1.   This Decision establishes the Community Programme for Employment and Social Solidarity, called Progress (the Programme), to support financially the implementation of the objectives of the European Union in the fields of employment and social affairs, as set out in the Commission Communication on the Social Agenda, and thereby contribute to the achievement of the Lisbon Strategy goals in those fields.
   2.   The Programme shall run from 1 January 2007 to 31 December 2013.
   Article 2
   General objectives
   1.   The Programme pursues the following general objectives:

               (a)

               to improve the knowledge and understanding of the situation prevailing in the Member States and in other participating countries through analysis, evaluation and close monitoring of policies;

               (b)

               to support the development of statistical tools and methods and common indicators, where appropriate broken down by gender and age group, in the areas covered by the Programme;

               (c)

               to support and monitor the implementation of Community law, where applicable, and Community policy objectives in the Member States, and assess their effectiveness and impact;

               (d)

               to promote networking, mutual learning, identification and dissemination of good practice and innovative approaches at European level;

               (e)

               to enhance awareness of the Community policies and objectives pursued under each of its five sections among stakeholders and the general public;

               (f)

               to boost the capacity of key European level networks to promote, support and further develop Community policies and objectives, where applicable.

         2.   Gender mainstreaming shall be promoted in all sections of and activities under the Programme.
   3.   The results achieved in the Programme sections and activities shall be disseminated to those involved and to the public as appropriate. The Commission shall conduct exchanges of views with the main stakeholders as appropriate.
   Article 3
   Structure of the Programme
   The Programme shall be divided into the following five sections:

               1.

               Employment;

               2.

               Social protection and inclusion;

               3.

               Working conditions;

               4.

               Antidiscrimination and diversity;

               5.

               Gender equality.

         Article 4
   Section 1: Employment
   Section 1 shall support the implementation of the European Employment Strategy (EES) by:

               (a)

               improving the understanding of the employment situation and prospects, in particular through analysis and studies and the development of statistics and common indicators within the framework of the EES;

               (b)

               monitoring and evaluating the implementation of the European Employment Guidelines and Recommendations and their impact, notably through the Joint Employment Report, and analysing the interaction between the EES and general economic and social policy and other policy areas;

               (c)

               organising exchanges on policies, good practice and innovative approaches, and promoting mutual learning in the context of the EES;

               (d)

               raising awareness, disseminating information and promoting the debate about employment challenges and policies and the implementation of national reform programmes, including among the social partners, regional and local actors and other stakeholders.

         Article 5
   Section 2: Social protection and inclusion
   Section 2 shall support the implementation of the open method of coordination (OMC) in the field of social protection and inclusion by:

               (a)

               improving the understanding of social exclusion and poverty issues, social protection and inclusion policies, in particular through analysis and studies and the development of statistics and common indicators, within the framework of the OMC in the field of social protection and inclusion;

               (b)

               monitoring and evaluating the implementation of the OMC in the field of social protection and inclusion and its impact at national and Community level as well as analysing the interaction between this OMC and other policy areas;

               (c)

               organising exchanges on policies, good practice and innovative approaches and promoting mutual learning in the context of the social protection and inclusion strategy;

               (d)

               raising awareness, disseminating information and promoting the debate about the key challenges and policy issues raised in the context of the Community coordination process in the field of social protection and inclusion, including among the social partners, regional and local actors, NGOs and other stakeholders;

               (e)

               developing the capacity of key European level networks to support and further develop Community policy goals and strategies on social protection and inclusion.

         Article 6
   Section 3: Working conditions
   Section 3 shall support the improvement of the working environment and working conditions, including health and safety at work and reconciling work and family life, by:

               (a)

               improving the understanding of the situation in relation to working conditions, in particular through analysis and studies and, where appropriate, the development of statistics and indicators, as well as assessing the effectiveness and impact of existing legislation, policies and practices;

               (b)

               supporting the implementation of Community labour law through effective monitoring, the holding of seminars for those working in the field, the development of guides and networking amongst specialised bodies, including the social partners;

               (c)

               initiating preventive actions and fostering the prevention culture in the field of health and safety at work;

               (d)

               raising awareness, disseminating information and promoting the debate about the key challenges and policy issues in relation to working conditions, including among the social partners and other stakeholders.

         Article 7
   Section 4: Antidiscrimination and diversity
   Section 4 shall support the effective implementation of the principle of non-discrimination and promote its mainstreaming in all Community policies by:

               (a)

               improving the understanding of the situation in relation to discrimination, in particular through analysis and studies and, where appropriate, the development of statistics and indicators as well as by assessing the effectiveness and impact of existing legislation, policies and practices;

               (b)

               supporting the implementation of Community anti-discrimination legislation through effective monitoring, the holding of seminars for those working in the field and networking amongst specialised bodies dealing with anti-discrimination;

               (c)

               raising awareness, disseminating information and promoting the debate about the key challenges and policy issues in relation to discrimination and the mainstreaming of anti-discrimination in all Community policies, including among the social partners, NGOs and other stakeholders;

               (d)

               developing the capacity of key European level networks to promote and further develop Community policy goals and strategies in the field of combating discrimination.

         Article 8
   Section 5: Gender equality
   Section 5 shall support the effective implementation of the principle of gender equality and promote gender mainstreaming in all Community policies by:

               (a)

               improving the understanding of the situation in relation to gender issues and gender mainstreaming, in particular through analysis and studies and the development of statistics and, where appropriate, indicators, as well as assessing the effectiveness and impact of existing legislation, policies and practices;

               (b)

               supporting the implementation of Community gender equality legislation through effective monitoring, holding seminars for those working in the field and networking amongst specialised equality bodies;

               (c)

               raising awareness, disseminating information and promoting the debate about the key challenges and policy issues in relation to gender equality and gender mainstreaming, among the social partners, NGOs and other stakeholders;

               (d)

               developing the capacity of key European level networks to support and further develop Community policy goals and strategies on gender equality.

         Article 9
   Types of actions
   1.   The Programme shall finance the following types of actions, which may be implemented, where appropriate, within a transnational framework:

               (a)

               Analytical activities:

                           (i)

                           collection, development and dissemination of data and statistics;

                           (ii)

                           development and dissemination of common methodologies and, where appropriate, indicators or benchmarks;

                           (iii)

                           carrying out of studies, analyses and surveys and dissemination of their results;

                           (iv)

                           carrying out of evaluations and impact assessments and dissemination of their results;

                           (v)

                           elaboration and publication of guides, reports and educational material via the Internet or other media.

               (b)

               Mutual learning, awareness and dissemination activities:

                           (i)

                           identification of, and exchanges on, good practices, innovative approaches and experiences, and organisation of peer review and mutual learning, by means of meetings/workshops/seminars at European, transnational or national level, taking account, where possible, of specific national circumstances;

                           (ii)

                           organisation of Presidency conferences/seminars;

                           (iii)

                           organisation of conferences/seminars in support of the development and implementation of Community law and policy objectives;

                           (iv)

                           organisation of media campaigns and events;

                           (v)

                           compilation and publication of materials to disseminate information as well as results of the Programme.

               (c)

               Support for main actors:

                           (i)

                           support for the running costs of those key European level networks whose activities are linked to implementation of the objectives of the Programme;

                           (ii)

                           organisation of working groups of national officials to monitor the implementation of Community law;

                           (iii)

                           funding of specialised seminars addressed to those working in the field, key officials and other relevant actors;

                           (iv)

                           networking among specialised bodies at European level;

                           (v)

                           funding of experts' networks;

                           (vi)

                           funding of European level observatories;

                           (vii)

                           exchange of personnel between national administrations;

                           (viii)

                           cooperation with international institutions.

         2.   The activities provided for in point (b) of paragraph 1 shall have a strong European dimension, be of an appropriate scale in order to ensure a real European added value and be carried out by national, regional or local authorities, specialised bodies provided for under Community law or actors considered to be the key players in their area.
   3.   The Programme shall not finance any measures for the preparation and implementation of European Years.
   Article 10
   Access to the Programme
   1.   Access to the Programme shall be open to all public and/or private bodies, actors and institutions, in particular:

               (a)

               Member States;

               (b)

               public employment services and their agencies;

               (c)

               local and regional authorities;

               (d)

               specialised bodies provided for under Community law;

               (e)

               the social partners;

               (f)

               NGOs, in particular those organised at European level;

               (g)

               higher education institutions and research institutes;

               (h)

               experts in evaluation;

               (i)

               national statistical offices;

               (j)

               the media.

         2.   The Commission may also directly participate in the Programme insofar as the activities provided for in points (a) and (b) of Article 9(1) are concerned.
   Article 11
   Method of application for support
   1.   Activities of the type referred to in Article 9 may be financed by:

               (a)

               a service contract following a call for tenders, in which case the Eurostat procedures shall apply in respect of cooperation with national statistical offices;

               (b)

               partial support following a call for proposals, in which case, the Community co-financing may not exceed, as a general rule, 80 % of the total expenditure incurred by the recipient. Any financial support in excess of this ceiling may be granted only in exceptional circumstances and after close scrutiny.

         2.   Activities of the type provided for in Article 9(1) may be granted financial support in response to requests by, for example, Member States, in accordance with relevant provisions of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (14), in particular Article 110 thereof, and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (15), in particular in Article 168 thereof.
   Article 12
   Implementing provisions
   1.   The measures necessary for the implementation of this Decision that relate to the following matters shall be adopted in accordance with the procedure referred to in Article 13(2):

               (a)

               the general guidelines for the implementation of the Programme;

               (b)

               the annual work programme for the implementation of the Programme, divided into separate sections;

               (c)

               the financial support to be granted by the Community;

               (d)

               the annual budget, subject to Article 17;

               (e)

               the procedures for selecting the actions to be supported by the Community and the draft list of actions to receive such support submitted by the Commission;

               (f)

               the criteria for evaluating the Programme, including those relating to cost effectiveness and the arrangements for disseminating and transferring results.

         2.   The measures necessary for the implementation of this Decision that relate to all matters other than those referred to in paragraph 1 shall be adopted in accordance with the procedure referred to in Article 13(3).
   Article 13
   Committee
   1.   The Commission shall be assisted by a Committee.
   2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
   3.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   4.   The Committee shall adopt its rules of procedure.
   Article 14
   Cooperation with other committees
   1.   The Commission shall establish the necessary links with the Social Protection Committee and the Employment Committee in order to ensure that they are regularly and appropriately informed about the implementation of activities referred to in this Decision.
   2.   The Commission shall also inform other relevant committees of the action taken under the five sections of the Programme.
   3.   Where appropriate, the Commission shall establish regular and structured cooperation between the Committee referred to in Article 13 and the monitoring committees established for other relevant policies, instruments and actions.
   Article 15
   Consistency and complementarity
   1.   The Commission shall, in cooperation with the Member States, ensure overall consistency with other Union and Community policies, instruments and actions, in particular by establishing appropriate mechanisms to coordinate the activities of the Programme with relevant activities relating to research, justice and home affairs, culture, education, training and youth policy, and in the fields of enlargement and the Community's external relations, and with regional policy and general economic policy. Special attention shall be devoted to the possible synergies between this Programme and those in the field of education and training.
   2.   The Commission and the Member States shall ensure consistency and complementarity and the absence of duplication between activities under the Programme and other relevant Union and Community actions, in particular under the Structural Funds, especially the European Social Fund.
   3.   The Commission shall ensure that expenditure covered by and charged to the Programme is not charged to any other Community financial instrument.
   4.   The Commission shall keep the Committee referred to in Article 13 regularly informed of other Community action that contributes to achieving the Lisbon strategy goals in the field of the Social Agenda.
   5.   Member States shall make all possible efforts to ensure consistency and complementarity between activities under the Programme and those carried out at national, regional and local levels.
   Article 16
   Participation of third countries
   The Programme shall be open to the participation of:

               —

               the EFTA/EEA countries in accordance with the conditions established in the EEA Agreement,

               —

               the accession and candidate countries associated to the European Union, as well as the western Balkan countries included in the stabilisation and association process.

         Article 17
   Financing
   1.   The financial envelope for implementing the Community activities referred to in this Decision for the period from 1 January 2007 to 31 December 2013 is hereby set at EUR 657 590 000 (16).
   2.   Over the entire period of the Programme, the financial breakdown between the different sections shall respect the following lower limits:

               Section 1

               Employment

               23 %

               Section 2

               Social protection and inclusion

               30 %

               Section 3

               Working conditions

               10 %

               Section 4

               Antidiscrimination and diversity

               23 %

               Section 5

               Gender equality

               12 %

         3.   A maximum of 2 % of the financial envelope shall be attributed to the implementation of the Programme to cover, for example, the expenditure related to the functioning of the Committee referred to in Article 13 or the evaluations carried out pursuant to Article 19.
   4.   The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.
   5.   The Commission may have recourse to technical and/or administrative assistance, to the mutual benefit of the Commission and of the beneficiaries, as well as to support expenditure.
   Article 18
   Protection of the Community's financial interests
   1.   The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (17) and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (18), and with Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (19).
   2.   For Community actions financed under this Decision, the notion of irregularity referred to in Article 1(2) of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by it, by an unjustified item of expenditure.
   3.   Contracts and agreements as well as agreements with participating third countries resulting from this Decision shall provide, in particular, for supervision and financial control by the Commission (or any representative authorised by it) and audits by the Court of Auditors, if necessary, on the spot.
   Article 19
   Monitoring and evaluation
   1.   In order to ensure the regular monitoring of the Programme and to allow for any necessary reorientations, annual activity reports focusing on the results of the Programme shall be drawn up by the Commission and forwarded to the European Parliament and to the Committee referred to in Article 13.
   2.   The various sections of the Programme shall also be the subject of a mid-term evaluation, which will provide an overview of the Programme as a whole in order to measure the progress made in meeting the objectives of the Programme, the efficiency of the use of resources and its European added value. This evaluation may be supplemented by on-going evaluations. These shall be carried out by the Commission with the assistance of external experts. When available, their results shall be reported in the activity reports referred to in paragraph 1.
   3.   An ex-post evaluation covering the whole Programme shall be carried out, by 31 December 2015, by the Commission with the assistance of external experts, in order to measure the impact of the Programme objectives and its European added value. The Commission shall submit the expert evaluation to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
   4.   The implementation of the individual sections of the Programme, including the presentation of results and dialogue on future priorities, shall also be discussed within the framework of the Forum on the implementation of the Social Agenda.
   Article 20
   Entry into force
   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      Done at Strasbourg, 24 October 2006.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         P. LEHTOMÄKI

      (1)  OJ C 255, 14.10.2005, p. 67.

      (2)  OJ C 164, 5.7.2005, p. 48.

      (3)  Opinion of the European Parliament of 6 September 2005 (OJ C 193 E, 17.8.2006, p. 99), Council Common Position of 18 July 2006 (OJ C 238 E, 3.10.2006, p. 31) and Position of the European Parliament of 27 September 2006 (not yet published in the Official Journal).

      (4)  OJ L 303, 2.12.2000, p. 23.

      (5)  OJ L 17, 19.1.2001, p. 22. Decision as amended by Decision No 1554/2005/EC (OJ L 255, 30.9.2005, p. 9).

      (6)  OJ L 10, 12.1.2002, p. 1. Decision as last amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

      (7)  OJ L 170, 29.6.2002, p. 1. Decision as amended by Decision No 786/2004/EC.

      (8)  OJ L 157, 30.4.2004, p. 18. Decision as amended by Decision No 1554/2005/EC.

      (9)  OJ L 180, 19.7.2000, p. 22.

      (10)  OJ L 303, 2.12.2000, p. 16.

      (11)  OJ L 373, 21.12.2004, p. 37.

      (12)  OJ C 139, 14.6.2006, p. 1.

      (13)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (14)  OJ L 248, 16.9.2002, p. 1.

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

      (16)  This amount is based on 2004 figures and shall be subject to technical adjustment to take account of inflation.

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

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

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


title: 2005/613/EC: Commission Decision of 18 July 2005 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of polyester staple fibre originating, inter alia, in Saudi Arabia

text:
               13.8.2005

               EN

               Official Journal of the European Union

               L 211/20

      COMMISSION DECISION

   of 18 July 2005
   accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of polyester staple fibre originating, inter alia, in Saudi Arabia
   (2005/613/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNIITES,
   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) (the basic Regulation), and in particular Articles 8 and 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               The Council, by Regulation (EC) No 428/2005 (2) (the definitive Regulation), imposed definitive anti-dumping duties on imports of polyester staple fibre (PSF) originating in the People’s Republic of China and Saudi Arabia, amended the definitive anti-dumping duties in force on such imports originating in South Korea and terminated the anti-dumping proceeding in respect to such imports originating in Taiwan.

               (2)

               Following disclosure of definitive findings, Saudi Basic Industries Corporation (Sabic) presented to the Commission services, within the deadlines stipulated, an offer for price undertaking as well as a revised offer thereon, on its behalf and of all related companies, including the related producer of the product concerned Arabian Industrial Fibres Company (Ibn Rushd). This undertaking offer was not accepted due to the reasons set out in recital 292 of the definitive Regulation. In particular, the minimum prices originally offered by Sabic did not eliminate the injurious effect of dumping. In addition, the sales structure of this company in the Community was such that it did not allow an effective monitoring of the undertaking.

               (3)

               Subsequent meetings between Sabic’s representatives and the Commission services then resulted in substantial revisions to the undertaking offer that overcame the above problems. The revised offer not only eliminated the injurious effect of dumping but also limited to a satisfactory degree the risk of circumvention in the form of cross-compensation with other products. In addition, the company amended its channels of sale in the Community to the extent that it was considered possible for the Commission to effectively monitor the undertaking.

               (4)

               The final acceptable offer of a price undertaking was made by Sabic prior to the publication of the definitive findings, but at such a late stage in the proceeding that it was administratively impossible to include its acceptance in the definitive Regulation.

               (5)

               The Community industry was informed of this revised offer and maintained that acceptance of a price undertaking would allow such imports to continue to cause serious injury to European producers, due to the cyclical nature of polyester staple fibre pricing.

               (6)

               In this regard, it should be noted that the final offer made foresees the indexation of the minimum prices of PSF to public international quotations of its main raw materials, i.e. PTA and MEG. Consequently, the cyclical nature of PSF prices, which mainly reflects changes in the prices of its raw materials, is addressed in a way which reasonably eliminates the risk that the injurious dumping continues.

               (7)

               Finally, the undertaking offer foresees reporting also on products other than PSF sold to the same clients by Sabic related customers in the Community. Therefore, the risk of cross-compensation with other products is to a great extent eliminated.

               (8)

               Consequently, none of the arguments brought forward by the Community industry alters the Commission’s conclusion that the undertaking offered by Sabic eliminates the injurious effect of dumping and limits to a sufficient degree the risk of circumvention in the form of cross-compensation with other products.

         B.   UNDERTAKING

               (9)

               In view of the foregoing, the Commission considers that the undertaking offered by Sabic, which includes an indexation of the minimum prices to public quotations of its main raw materials, can be accepted since it eliminates the injurious effects of dumping. Moreover, the regular and detailed reports which the company undertook to provide to the Commission will allow effective monitoring, and the risk of circumvention of the undertaking is limited,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The undertaking offered by the companies mentioned below, in connection with the anti-dumping proceeding concerning polyester staple fibres originating in the People’s Republic of China and Saudi Arabia, is hereby accepted.

               Country

               Company

               TARIC additional code

               Saudi Arabia

               Produced and sold by Arabian Industrial Fibres Company (Ibn Rushd), Yanbu Al-Sinaiyah, or produced by Arabian Industrial Fibres Company (Ibn Rushd), Yanbu Al-Sinaiyah, and sold by Saudi Basic Industries Corporation (Sabic), Riyadh, to the first customer in the Community acting as an importer

               A671

         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 July 2005.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

      (2)  OJ L 71, 17.3.2005, p. 1.


title: 2006/828/EC: Decision of the European Parliament of 27 April 2006 on the discharge for the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/85

      DECISION OF THE EUROPEAN PARLIAMENT

   of 27 April 2006
   on the discharge for the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2004
   (2006/828/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2004, together wit the Centre's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EEC) No 302/93 of 8 February 1993 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction (4), and in particular Article 11a thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0097/2006),

               1.

               Grants discharge to the Director of the European Monitoring Centre for Drugs and Drug Addiction for the implementation of the Centre's budget for the financial year 2004;

               2.

               Sets out its comments in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution that forms an integral part of it to the Director of the European Monitoring Centre for Drugs and Drug Addiction, the Council, the Commission and the Court of Auditors and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 44.

      (2)  OJ C 332, 28.12.2005, p. 89.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 36, 12.2.1993, p. 1. Regulation as last amended by Regulation (EC) No 1651/2003 (OJ L 245, 29.9.2003, p. 30).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).


title: 2013/620/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/351

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2011
   (2013/620/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2011, together with the replies of the Joint Undertaking (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05755/2013 – C7-0040/2013),

               —

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

               —

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

               —

               having regard to Regulation (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 Council Regulation (EC) No 521/2008 of 30 May 2008 setting up the Fuel Cells and Hydrogen Joint Undertaking (4), and in particular Article 11(4) thereof,

               —

               having regard to Council Regulation (EU) No 1183/2011 of 14 November 2011 amending Regulation (EC) No 521/2008 setting up the Fuel Cells and Hydrogen Joint Undertaking (5),

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0084/2013),

               1.

               Grants the Executive Director of the Fuel Cells and Hydrogen Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the Fuel Cells and Hydrogen Joint Undertaking, 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 6, 10.1.2013, p. 56.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 153, 12.6.2008, p. 1.

      (5)  OJ L 302, 19.11.2011, p. 3.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2011, together with the replies of the Joint Undertaking (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05755/2013 – C7-0040/2013),

                  —

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

                  —

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

                  —

                  having regard to Regulation (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 Council Regulation (EC) No 521/2008 of 30 May 2008 setting up the Fuel Cells and Hydrogen Joint Undertaking (4), and in particular Article 11(4) thereof,

                  —

                  having regard to Council Regulation (EU) No 1183/2011 of 14 November 2011 amending Regulation (EC) No 521/2008 setting up the Fuel Cells and Hydrogen Joint Undertaking (5),

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6), and in particular Article 94 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0084/2013),

                  A.

                  whereas the Fuel Cells and Hydrogen Joint Undertaking (‘the Joint Undertaking’) was set up in May 2008 as public-private partnership by Regulation (EC) No 521/2008 for a period until 31 December 2017 to focus on developing market applications and hence facilitating additional industrial efforts towards a rapid deployment of fuel cells and hydrogen technologies,

                  B.

                  whereas Regulation (EC) No 521/2008 was amended by Regulation (EU) No 1183/2011,

                  C.

                  whereas the Joint Undertaking enjoyed financial autonomy only from November 2010, and in 2011 established its first annual financial statements for a complete financial year,

                  D.

                  whereas the Members of the Joint Undertaking are the Union, represented by the Commission, the New Energy World Industry Grouping (NEW-IG) and the Research community (N.ERGHY),

                  E.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the Joint Undertaking for the financial year 2011 are reliable,

                  F.

                  whereas the Court of Auditors delivered a qualified opinion on the legality and the regularity of the transactions underlying the Joint Undertaking’s accounts,

                  G.

                  whereas the maximum contribution for the entire period from the Union to the Joint Undertaking is EUR 470 000 000 to be paid from the budget of the Seventh Research Framework Programme, of which the proportion earmarked for running costs must not exceed EUR 20 000 000,

         Budget and financial management

                  1.

                  Welcomes the fact that the Court of Auditors states that in its annual accounts of 2011 the Joint Undertaking fairly present, in all material respects, its financial position as of 31 December 2011 and the results of its operations and its cash flows for the year then ended, in accordance with the provisions of its Financial Rules;

                  2.

                  Is concerned that the Joint Undertaking’s annual accounts received a qualified opinion from the Court of Auditors on the legality and the regularity of the transactions underlying those accounts on the grounds that eight out of 12 ex post audits, as defined in the ex post audit strategy adopted by the Joint Undertaking Governing Board in January 2011, were completed as of September 2012, covering EUR 4 800 000 (27 % of all cost claims received by the Joint Undertaking in 2011), of which two detected significant errors, of which the larger (EUR 764 000) was corrected the following year;

                  3.

                  Notes that except for the matters described in the two audits, the transactions underlying the annual accounts of the Joint Undertaking for the year 2011 are, in all material respects, legal and regular;

                  4.

                  Notes, furthermore, that the 2011 Joint Undertaking’s final budget included commitment and payment appropriations amounting to EUR 117 000 000 and EUR 60 000 000 respectively and the utilisation rates for the available commitment and payment appropriations were 99,8 % and 87,9 % respectively; takes note that an amount of EUR 112 000 000 representing commitment appropriations available for operational activities (Title III of the budget) was implemented through a global commitment relating to the 2011 call for proposals;

                  5.

                  Notes with concern that the budgetary procedure outlined in the Joint Undertaking’s Financial Rules was not followed as the derogation granted by the Commission to enter cancelled appropriations in the estimates of revenue and expenses for the following three years was misinterpreted; notes that as a consequence of the Joint Undertaking’s interpretation of the budgetary procedure, the budgetary outturn of the year 2011 is incorrect as EUR 6 300 000 in payment appropriations carried over from 2011 to 2012 were not included in the calculation and the budgetary outturn account for 2010 does not reflect the EUR 3 300 000 in payment appropriations carried over from 2010 to 2011;

                  6.

                  Is concerned that unused global commitments from 2010 amounting to EUR 10 400 000 and with a final date of implementation at 31 December 2011, were not decommitted by the end of 2011 but were decommited in January 2012;

                  7.

                  Acknowledges that the calls for proposals organised in 2008, 2009 and 2010 resulted in signed grant agreements totalling EUR 183 400 000, and in 2011 a fourth call for proposals was launched amounting to EUR 111 600 000, which represents 41 % and 25 % respectively of the maximum Union contribution to the Joint Undertaking for research activities; further notes that in January 2012 a fifth call for proposals was launched amounting to EUR 79 000 000, a further 18 % of the maximum Union contribution; notes the progress in budget implementation;

         Supervisory and control systems

                  8.

                  Notes that at the end of 2011, the underlying business processes had been validated by the Accounting Officer as required by the Joint Undertaking’s Financial Rules with a certain number of weaknesses being identified; notes that an action plan has been defined by the Joint Undertaking to address those weaknesses identified and that according to the Joint Undertaking, most of the actions are implemented;

         Annual assessment of the level of the in-kind contribution

                  9.

                  Welcomes the fact that the method for evaluating the level of the in-kind contribution has been finalised and was jointly assessed by the Commission’s Internal Audit Service (IAS) and the Joint Undertaking’s Internal Audit Capability (IAC) in April 2012;

                  10.

                  Takes duly note that the aggregated level of in-kind contributions validated by the Authorising Officer as at 8 February 2012 was EUR 347 600 000 and the assessment report concluded that this amount should be reduced by EUR 930 000 since certain participants had presented their budgeted costs on the basis of a 60 % flat rate system for the calculation of indirect costs instead of the 20 % flat rate applicable to the Joint Undertaking; notes that this correction was made;

         Treasury management

                  11.

                  Highlights the fact that at the end of December 2011, the balance on the Joint Undertaking’s bank account was EUR 9 200 000 and between the months of August 2011 and December 2011, the Joint Undertaking’s cash balance ranged between approximately EUR 30 000 000 and EUR 60 000 000; urges the Joint Undertaking to implement, together with the Commission, all the necessary measures to minimise the cash balances held on account to the levels that are required within the limits provided in the financing agreements with the Commission;

         Other management matters

                  12.

                  Acknowledges that during 2011, the Joint Undertaking set up a Business Continuity Plan and made progress on the formalisation of the IT security policies with the Business Continuity plan including a disaster recovery plan adopted by on June 2012;

                  13.

                  Takes note that the Financial Rules of the Joint Undertaking have not yet been amended to include the provision referring to the powers of the Commission’s Internal Auditor; notes however that the respective roles of the IAS and of the IAC were defined and approved by the Governing Board in March 2011;

                  14.

                  Welcomes the fact that the Host State Agreement between the Joint Undertaking and the Belgian authorities concerning office accommodation, privileges and immunities and other support to be provided was signed on 3 February 2012;

         Other issues

                  15.

                  Reiterates its invitation for the Court of Auditors to provide, within a reasonable deadline, a special report to Parliament on common issues which occur due to the nature of the joint undertakings, and which should be addressed by the joint undertakings together with their partners in order to ensure their added value and efficient execution of Union research, technological development and demonstration programmes; notes, furthermore, that that report should include an assessment of the effectiveness of the joint undertakings’ establishment and structure.

         (1)  OJ C 6, 10.1.2013, p. 56.

         (2)  OJ L 248, 16.9.2002, p. 1.

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

         (4)  OJ L 153, 12.6.2008, p. 1.

         (5)  OJ L 302, 19.11.2011, p. 3.

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


title: 2014/593/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/242

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2012
   (2014/593/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2012, together with the Centre’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

               —

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

               —

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

               —

               having regard to Regulation (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 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (4), and in particular Article 15 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               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 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0185/2014),

               1.

               Grants the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the Centre’s budget for the financial year 2012;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Monitoring Centre for Drugs and Drug Addiction, 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 158.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 376, 27.12.2006, p. 1.

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

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


title: 2009/490/EC: Commission Decision of 23 June 2009 on the safety requirements to be met by European standards for personal music players pursuant to Directive 2001/95/EC of the European Parliament and of the Council (Text with EEA relevance)

text:
               24.6.2009

               EN

               Official Journal of the European Union

               L 161/38

      COMMISSION DECISION

   of 23 June 2009
   on the safety requirements to be met by European standards for personal music players pursuant to Directive 2001/95/EC of the European Parliament and of the Council
   (Text with EEA relevance)
   (2009/490/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   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),
   Whereas:

               (1)

               Directive 2001/95/EC provides for European standards to be established by European standardisation bodies. Such standards should ensure that products satisfy the general safety requirement of the Directive.

               (2)

               Under Directive 2001/95/EC a product is presumed safe, as far as the risks and risk categories covered by national standards are concerned, when it conforms to voluntary national standards transposing European standards.

               (3)

               Depending on the type of personal music player, its safety is covered either by Directive 2001/95/EC, Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (2) or Directive 2006/95/EC of the European Parliament and of the Council of 12 December 2006 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (3). Directive 2001/95/EC covers portable music players with no integrated communication function.

               (4)

               Directive 1999/5/EC and Directive 2006/95/EC make reference to European harmonised standard EN 60065:2002 ‘Audio, video and similar electronic apparatus — Safety requirements’. Given the ever more blurred borderline between consumer electronics and information technology equipment, this standard is intended to merge with EN 60950 ‘Information technology equipment — Safety — Part 1: General requirements’ into a new standard EN 62368.

               (5)

               The standards currently prescribe no maximum sound limit nor require any specific labelling in respect of noise emissions but require that a statement be put in the instruction manual to warn of the adverse effects of exposure to excessive sound level.

               (6)

               The European Commission requested the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) to assess the potential health risks posed by personal music players and mobile phones with a music playing function, given their widespread use and the growing number of people who are continuously exposed to sound levels exceeding the limits at workplace (80 decibels). SCENIHR concluded in its Opinion (4) that listeners risk both hearing and non-hearing problems. In particular, listeners risk permanent hearing loss if they use a personal music player for more than 40 hours per week at high volume settings (exceeding 89 dB(A)) for at least five years. Such usage patterns have now become quite common, especially among children and adolescents.

               (7)

               The safety requirement for personal music players should be drawn up under the provisions of Article 4(1)(a) of Directive 2001/95/EC, with the aim to request the standardisation bodies to develop a standard that prevents the risk of hearing damage from exposure to sound from such devices, according to the procedure laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (5). The reference of the standard adopted should be published in the Official Journal of the European Union, in accordance with Article 4(2) of Directive 2001/95/EC. To ensure a comprehensive and harmonised approach covering the safety of all personal music players, including mobile phones with a music playing function, a request is to be submitted to the standardisation bodies jointly under Directive 2001/95/EC, Directive 1999/5/EC and Directive 2006/95/EC.

               (8)

               Once the standard is available, and provided that the Commission decides to publish its reference in the Official Journal, personal music players designed and manufactured in compliance with the standard will be presumed to conform to the general safety requirement of Directive 2001/95/EC, as far as the safety requirement covered by the standard is concerned.

               (9)

               This Decision is in accordance with the opinion of the Committee set up under Article 15 of Directive 2001/95/EC,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Purpose
   The purpose of this Decision is to establish the safety requirement on the basis of which the Commission shall request the relevant standardisation bodies to establish standards for ensuring that, under normal usage conditions, exposure to sound from personal music players does not pose a risk to hearing. The requirements for personal music players shall take full account of the Opinion of the Scientific Committee on Emerging and Newly Identified Health Risks on ‘Potential health risks of exposure to noise from personal music players and mobile phones including a music playing function’.
   Article 2
   Definition
   For the purpose of this Decision, a ‘personal music player’ means a portable device, that is not covered by Directive 1999/5/EC or Directive 2006/95/EC, with headphones or earphones, used to listen to recorded, generated or broadcasted sound.
   Article 3
   Requirements
   1.   For the purpose of Article 4(1)(a) of Directive 2001/95/EC, the safety requirement for personal music players shall be the following:
   Personal music players shall be designed and manufactured in a manner that ensures that, under reasonably foreseeable conditions of use, they are inherently safe and do not cause hearing damage.
   2.   The requirement set out in paragraph 1 shall include in particular the following:

               1.

               Exposure to sound levels shall be time limited to avoid hearing damage. At 80 dB(A) exposure time shall be limited to 40 hours/week, whereas at 89 dB(A) exposure time shall be limited to 5 hours/week. For other exposure levels a linear intra- and extrapolation applies. Account shall be taken of the dynamic range of sound and the reasonably foreseeable use of the products.

               2.

               Personal music players shall provide adequate warnings on the risks involved in using the device and to the ways of avoiding them and information to users in cases where exposure poses a risk of hearing damage.

      Done at Brussels, 23 June 2009.

            For the Commission

         Meglena KUNEVA

            Member of the Commission

      (1)  OJ L 11, 15.1.2002, p. 4.

      (2)  OJ L 91, 7.4.1999, p. 10.

      (3)  OJ L 374, 27.12.2006, p. 10.

      (4)  Opinion of 13 October 2008 made public at: http://ec.europa.eu/health/ph_risk/committees/04_scenihr/docs/scenihr_o_018.pdf

      (5)  OJ L 204, 21.7.1998, p. 37.