Important legal notice

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52006DP0508

European Parliament decision on amendment of Rule 139 of Parliament's Rules of Procedure, Transitional Rules on Languages (2006/2244(REG))

Official Journal 316 E , 22/12/2006 P. 0115 - 0116

		P6_TA(2006)0508Revision of Rule 139 of the Rules of ProcedureEuropean Parliament decision on amendment of Rule 139 of Parliament's Rules of Procedure, Transitional Rules on Languages (2006/2244(REG))The European Parliament,- having regard to the letter from its President of 20 July 2006,- having regard to Rules 201 and 202 of its Rules of Procedure,- having regard to the report of the Committee on Constitutional Affairs (A6-0391/2006),A. whereas on 1 April 2004 Parliament incorporated into its Rules of Procedure a provision which, in applying Parliament's rules on languages to the nine new languages added in May 2004, allows it, until 31 December 2006, to take account, "exceptionally, ... of the availability in real terms and sufficient numbers of the requisite interpreters and translators",B. whereas, however, the progress made in respect of those languages does not allow this provisional arrangement to be discontinued without replacement at the end of this year, and whereas, on the contrary, the possibility of extending it should be used,C. whereas the same difficulties will be experienced for a certain period in the case of Bulgarian and Romanian, the languages to be added on 1 January 2007, and whereas the Irish language, which is also to become an official language on the same date, poses particular practical problems,D. whereas the present transitional arrangements should be reformulated and extended until the end of the current parliamentary term in order to take account of this state of affairs,E. whereas the achievement of full multilingualism, as defined in Rule 138 of Parliament's Rules of Procedure, remains the ultimate goal,1. Decides to amend its Rules of Procedure as shown below;2. Decides that this amendment will enter into force on 1 January 2007;3. Instructs its President to forward this decision to the Council and the Commission, for information.PRESENT TEXT | AMENDMENT |Amendment 1Rule 1391. Exceptionally, in applying Rule 138, account shall be taken, with regard to the official languages of the Member States which acceded to the European Union on 1 May 2004, as of that date and until 31 December 2006, of the availability in real terms and sufficient numbers of the requisite interpreters and translators. | 1. During a transitional period extending until the end of the sixth parliamentary term, derogations from the provisions of Rule 138 shall be permissible if and to the extent that, despite adequate precautions, interpreters or translators for an official language are not available in sufficient numbers. |2. The Secretary-General shall each quarter submit a detailed report to the Bureau on the progress made towards full application of Rule 138, and shall send a copy thereof to all Members. | 2. The Bureau, on a proposal from the Secretary-General, shall ascertain with respect to each of the official languages concerned whether the conditions set out in paragraph 1 are fulfilled, and shall review its decision at six-monthly intervals on the basis of a progress report from the Secretary-General. The Bureau shall adopt the necessary implementing rules. || 2a. The temporary special arrangements adopted by the Council on the basis of the Treaties concerning the drafting of legal acts, with the exception of regulations adopted jointly by the European Parliament and the Council, shall apply. |3. On a reasoned recommendation from the Bureau, Parliament may decide at any time to repeal this Rule early or, at the end of the period indicated in paragraph 1, to extend it. | 3. On a reasoned recommendation from the Bureau, Parliament may decide at any time to repeal this Rule early or, at the end of the period indicated in paragraph 1, to extend it. |--------------------------------------------------


title: 2014/567/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the European Police College for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/174

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the European Police College for the financial year 2012
   (2014/567/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Police College for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Police College for the financial year 2012, together with the College’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 the 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 Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) (4), and in particular Article 16 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 Commission Decision C(2011) 4680 of 30 June 2011 granting consent to a derogation requested by the European Police College from Regulation (EC, Euratom) No 2343/2002,

               —

               having regard to the report of the European Police College of 12 July 2010 on the Reimbursement of Private Expenditure (10/0257/KA),

               —

               having regard to the external audit commissioned by the European Police College (Contract Ref. No CEPOL/2010/001) on the reimbursement of private expenditure,

               —

               having regard to the final report on the five-year external evaluation of the European Police College (Contract Ref. No CEPOL/CT/2010/002),

               —

               having regard to the Annual Activity Report 2009 of the Directorate-General for Justice, Freedom and Security,

               —

               having regard to the fourth progress report of the European Police College on the implementation of its Multi-annual Action Plan (MAP) for 2010-2014,

               —

               having regard to the Court of Auditors’ report on the implementation of the European Police College MAP for 2010-2014,

               —

               having regard to the note of the Internal Audit Service (IAS) of 4 July 2011 (Ref. Ares (2011) 722479) on the third progress report on the implementation of the European Police College MAP for 2010-2014,

               —

               having regard to the report and annexes of the European Police College on the implementation of the European Parliament’s resolution on ‘2009 Discharge: European Police College’,

               —

               having regard to the report and annex of the European Police College on the application of its Procurement Manual for the period covering 1 July 2010 - 1 July 2011,

               —

               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 (A7-0240/2014),

               1.

               Grants the Director of the European Police College discharge in respect of the implementation of the College’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 Police College, 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. 29.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 256, 1.10.2005, p. 63.

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

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


title: Council Decision (EU) 2017/955 of 29 May 2017 amending Decision 2008/376/EC on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme

text:
                  7.6.2017

                  EN

                  Official Journal of the European Union

                  L 144/17

            COUNCIL DECISION (EU) 2017/955
      of 29 May 2017
      amending Decision 2008/376/EC on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to the Protocol No 37 on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and in particular the second paragraph of Article 2 thereof,
      Having regard to the proposal from the European Commission,
      Having regard to the opinion of the European Parliament (1),
      Whereas:

                  (1)

                  Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020) set out in Regulation (EU) No 1291/2013 of European Parliament and of the Council (2) (‘Horizon 2020 Framework Programme’) provides an incentive to review Council Decision 2008/376/EC (3), in order to ensure that the Research Programme of the Research Fund for Coal and Steel (‘RFCS Programme’) complements the Horizon 2020 Framework Programme in the sectors related to the coal and steel industry.

                  (2)

                  In order to ensure a coherent framework for participation in both the RFCS Programme and Horizon 2020 Framework Programme, it is necessary to align certain rules for participation under the RFCS Programme with those applicable under the Horizon 2020 Framework Programme.

                  (3)

                  It is necessary to revise the rules on the competencies and on the composition of the Advisory Groups and of the Technical Groups, notably as regards the nature of the experts appointed by the Commission to ensure increased transparency as well as compliance and coherence with the framework for Commission expert groups, and contribute, as far as possible, to a balanced representation of relevant areas of expertise and areas of interest as well as to an optimal gender balance.

                  (4)

                  It is appropriate to consider simpler funding rules to ease the participation of small and medium-sized enterprises (SME) in the RFCS Programme and to permit the use of ‘unit costs’ to calculate eligible staff costs for owners of SMEs and other natural persons not receiving a salary.

                  (5)

                  The measures necessary for the implementation of Decision 2008/376/EC should be adopted in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (4).

                  (6)

                  Decision 2008/376/EC should therefore be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      Decision 2008/376/EC is amended as follows:

                  (1)

                  Article 21 is replaced by the following:
                  ‘Article 21
                  Tasks of the Advisory Groups
                  For the coal- and steel-related RTD aspects respectively, each Advisory Group shall advise the Commission on the following:

                              (a)

                              the overall development of the Research Programme, the information package, as referred to in Article 25(3), and future guidelines;

                              (b)

                              the consistency and the possible duplication with other RTD programmes at Union and national level;

                              (c)

                              the setting-out of the guiding principles for monitoring RTD projects;

                              (d)

                              the relevance of the work being undertaken on specific projects;

                              (e)

                              the research objectives of the Research Programme listed in Sections 3 and 4 of Chapter II;

                              (f)

                              the annual priority objectives listed in the information package and, where appropriate, the priority objectives for dedicated calls for proposals, as referred to in Article 25(2);

                              (g)

                              the preparation of a manual for evaluating and selecting RTD actions, as referred to in Articles 27 and 28;

                              (h)

                              the rules, procedures and effectiveness concerning the evaluation of proposals for RTD actions;

                              (i)

                              the number, competence and organisation of the Technical Groups, as referred to in Article 24;

                              (j)

                              the drawing-up of dedicated calls for proposals, as referred to in Article 25(2);

                              (k)

                              other measures when requested to do so by the Commission.’;

                  (2)

                  Article 22 is replaced by the following:
                  ‘Article 22
                  Composition of the Advisory Groups
                  1.   Each Advisory Group shall be composed in accordance with the tables set out in the Annex. Members of the Advisory Groups shall be individuals appointed by the Commission to represent a common interest shared by stakeholders. They shall not represent an individual stakeholder, but shall express an opinion common to the different stakeholder organisations.
                  Appointments are made for a period of 42 months. Members who are no longer capable of contributing effectively to the group's deliberations, who resign or who, even after their duties have ceased, disclose information of the kind covered by the obligation of professional secrecy, in particular information about undertakings, their business relations or their cost components, shall no longer be invited to participate in any meetings of the Advisory Groups and may be replaced for the remainder of their term of office.
                  2.   Members of the Advisory Groups shall be selected from experts with competence in the areas referred to in Sections 3 and 4 of Chapter II and who have responded to public calls for applications. Those experts may also be appointed on the basis of proposals put forward by the entities referred to in the tables of the Annex or by Member States.
                  They shall be active in the field concerned and be aware of the industrial priorities.
                  3.   Within each Advisory Group, the Commission shall aim at ensuring a high level of expertise, as well as a balanced representation of relevant areas of expertise and areas of interest and, as far as possible, a balanced representation of gender and geographical origin, taking into account the specific tasks of the Advisory Groups, the type of expertise required and the outcome of the experts' selection procedure.’;

                  (3)

                  Article 24 is replaced by the following:
                  ‘Article 24
                  Establishment and tasks of the Coal and Steel Technical Groups
                  1.   The Coal and Steel Technical Groups (“the Technical Groups”) shall support the Commission on the monitoring of research and pilot or demonstration projects.
                  Members of the Technical Groups shall be appointed in their personal capacity by the Commission.
                  Members who are no longer capable of contributing effectively to the group's deliberations, who resign or who, even after their duties have ceased, disclose information of the kind covered by the obligation of professional secrecy, in particular information about undertakings, their business relations or their cost components, shall no longer be invited to participate in any meetings of the Technical Groups.
                  2.   Members of the Technical Groups shall be selected from experts with competence in research strategy, management or production in the areas referred to in Sections 3 and 4 of Chapter II and who have responded to public call for applications.
                  They shall be active in the field concerned and have responsibility for research strategy, management or production in the related sectors.
                  3.   Within each Technical Group, the Commission shall aim at ensuring a high level of professional expertise, a balanced representation of relevant areas of expertise and, as far as possible, a balanced representation of gender and geographical origin, taking into account the specific tasks of the Technical Groups, the type of expertise required and the outcome of the experts' selection procedure. Membership of a Technical Group shall not exclude eligibility as an evaluation expert.
                  The Commission shall ensure that rules and procedures are in place in order to properly avoid and manage conflicts of interests of members of the Technical Groups entrusted with the assessment of a specific project. Those procedures shall also ensure equal treatment and fairness throughout the whole monitoring process of projects.
                  Meetings of the Technical Groups shall, whenever possible, be held at venues chosen in such a way that project monitoring and results assessment are best ensured.’;

                  (4)

                  Article 25 is replaced by the following:
                  ‘Article 25
                  Call for proposals
                  1.   An annual call for proposals shall be published every year. The opening date for submission of proposals shall be published in the information package referred to in paragraph 3. Unless otherwise specified, 15 September of each year shall be the deadline for the submission of proposals for evaluation. Where the 15 September falls on a weekend or on a Friday or a Monday, the deadline shall be automatically shifted to the first working day following 15 September. The deadline shall be published in the information package referred to in paragraph 3.
                  2.   Where the Commission, in accordance with points (d) and (e) of Article 41, decides to modify the deadline referred to in paragraph 1 of this Article for the submission of proposals, or to launch dedicated calls for proposals, it shall publish that information in the Official Journal of the European Union.
                  Dedicated calls for proposals shall indicate the dates and modalities for the submission, including whether it shall take place in one or two steps, and for the evaluation of the proposals, the priorities, the type of eligible projects as referred to in Articles 14 to 18, where necessary, and the envisaged funding.
                  3.   The Commission shall ensure that sufficient guidance and information is made available to all potential participants at the time of publication of the call for proposals, in particular through an information package accessible on the Commission's website. A paper copy of that information package can also be obtained from the Commission on request.
                  The information package shall provide information on the detailed rules for participation, the methods of managing proposals and projects, application forms, rules for the submission of proposals, model grant agreements, eligible costs, the maximum financial contribution allowable, methods of payment and the annual priority objectives of the Research Programme.
                  Applications shall be submitted to the Commission in accordance with the rules laid down in the information package.’;

                  (5)

                  in Article 27, the second paragraph is replaced by the following:
                  ‘The Commission shall ensure that a manual for the evaluation and selection of RTD actions is made available to all potential participants.’;

                  (6)

                  in Article 28, paragraph 3 is replaced by the following:
                  ‘3.   The Commission shall draw up a list of the proposals adopted in order of merit.’;

                  (7)

                  the following Article is inserted:
                  ‘Article 29a
                  Implementation of actions
                  1.   Participants shall implement actions in compliance with all the conditions and obligations set out in this Decision, Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (*1) and Commission Delegated Regulation (EU) No 1268/2012 (*2), as well as in the call for proposals and the grant agreement.
                  2.   Participants shall make no commitments which are incompatible with this Decision or the grant agreement. Where a participant fails to comply with its obligations regarding the technical implementation of the action, the other participants shall comply with the obligations without any additional Union funding unless the Commission expressly relieves them of any of those obligations. Participants shall ensure that the Commission is informed in due time of any event which might significantly affect the implementation of the action or the interests of the Union.
                  3.   Participants shall implement the action and shall take all necessary and reasonable measures to that end. They shall have the appropriate resources, as and when needed for carrying out the action. Where it is necessary for the implementation of the action, they may call upon third parties, including subcontractors, to carry out work under the action. Participants shall retain responsibility towards the Commission and towards the other participants for the work carried out.
                  4.   The award of subcontracts for carrying out certain elements of the action shall be limited to the cases provided for in the grant agreement and to duly justified cases that could not be clearly foreseen at the time of entry into force of the grant agreement.
                  5.   Third parties other than subcontractors may carry out work under the action under the conditions laid down in the grant agreement. The third party and the work to be carried out by it shall be identified in the grant agreement.
                  Costs incurred by those third parties may be deemed eligible if the third party meets all the following conditions:

                              (a)

                              it would be eligible for funding if it were a participant;

                              (b)

                              it is an affiliated entity or has a legal link to a participant implying a collaboration not limited to the action;

                              (c)

                              it is identified in the grant agreement; and

                              (d)

                              it abides by the rules applicable to the participant under the grant agreement with regard to eligibility of costs and control of expenditure.

                        6.   Participants shall comply with national legislation, regulations and ethical rules in the countries where the action is carried out. Where appropriate, participants shall seek the approval of the relevant national or local ethics committees prior to the start of the action.

                     (*1)  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 (OJ L 298, 26.10.2012, p. 1);"

                     (*2)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).’;"

                  (8)

                  Article 33 is replaced by the following:
                  ‘Article 33
                  Staff costs
                  Eligible staff costs shall cover only the actual hours worked by the persons directly carrying out the work under the action.
                  Staff costs of owners of small and medium-sized enterprises and other natural persons not receiving a salary may be reimbursed on the basis of unit costs.’;

                  (9)

                  Article 39 is replaced by the following:
                  ‘Article 39
                  Appointment of independent and highly qualified experts
                  For the appointment of independent and highly qualified experts referred to in Article 18, Article 28(2) and Article 38, the provisions set out in Article 40 of Regulation (EU) No 1290/2013 of the European Parliament and of the Council (*3) shall apply mutatis mutandis.

                     (*3)  Regulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the rules for participation and dissemination in “Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020)” and repealing Regulation (EC) No 1906/2006 (OJ L 347, 20.12.2013, p. 81).’;"

                  (10)

                  in Article 41, point (d) is replaced by the following:

                              ‘(d)

                              changes to the deadline referred to in Article 25;’;

                  (11)

                  in Article 42, paragraph 2 is replaced by the following:
                  ‘2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*4) shall apply.

                     (*4)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’."

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

         Done at Brussels, 29 May 2017.

               For the Council

               The President

            C. CARDONA

         (1)  Opinion of 14 December 2016 (not yet published in the Official Journal).

         (2)  Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104).

         (3)  Council Decision 2008/376/EC of 29 April 2008 on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme (OJ L 130, 20.5.2008, p. 7).

         (4)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).


title: 2005/606/EC: Commission Decision of 5 August 2005 declaring operational the Regional Advisory Council for Pelagic stocks under the Common Fisheries Policy

text:
               9.8.2005

               EN

               Official Journal of the European Union

               L 206/21

      COMMISSION DECISION

   of 5 August 2005
   declaring operational the Regional Advisory Council for Pelagic stocks under the Common Fisheries Policy
   (2005/606/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 2004/585/EC of 19 July 2004 establishing Regional Advisory Councils under the Common Fisheries Policy (1), and in particular Article 3(3) thereof,
   Having regard to the recommendation transmitted by the Netherlands on 19 May 2005 on behalf of Denmark, Germany, Spain, France, Ireland, the Netherlands, Poland, Portugal, Sweden and the United Kingdom,
   Whereas:

               (1)

               Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (2) and Decision 2004/585/EC provide the framework for the establishment and operation of Regional Advisory Councils.

               (2)

               Article 2 of Decision 2004/585/EC establishes a Regional Advisory Council to cover pelagic stocks (blue whiting, mackerel, horse mackerel, herring), in all International Council for the Exploration of the Seas (ICES) areas (3) excluding the Baltic Sea.

               (3)

               In accordance with Article 3(1) of Decision 2004/585/EC, representatives of the fisheries sector and other interests groups submitted a request concerning the operation of that Regional Advisory Council to Denmark, Germany, Spain, France, Ireland, the Netherlands, Poland, Portugal, Sweden and the United Kingdom.

               (4)

               As required by Article 3(2) of Decision 2004/585/EC, the Member States concerned determined whether the application concerning the Regional Advisory Council for the Pelagic stocks was in conformity with the provisions laid down in that Decision. On 19 May 2005, the Member States concerned transmitted a recommendation on that Regional Advisory Council to the Commission.

               (5)

               The Commission has evaluated the application by the interested parties and the recommendation in the light of Decision 2004/585/EC and the aims and principles of the Common Fisheries Policy, and considers that the Regional Advisory Council for the Pelagic stocks is ready to become operational,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Regional Advisory Council for pelagic stocks, established by Article 2(1)(f) of Decision 2004/585/EC, shall be operational as from 16 August 2005.

      Done at Brussels, 5 August 2005.

            For the Commission

         Joe BORG

            Member of the Commission

      (1)  OJ L 256, 3.8.2004, p. 17.

      (2)  OJ L 358, 31.12.2002, p. 59.

      (3)  As defined in Council Regulation (EEC) No 3880/91 (OJ L 365, 31.12.1991, p. 1).


title: Council Decision (EU) 2015/899 of 8 June 2015 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Copernicus)

text:
                  12.6.2015

                  EN

                  Official Journal of the European Union

                  L 147/16

            COUNCIL DECISION (EU) 2015/899
      of 8 June 2015
      on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Copernicus)
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 189(2) 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, inter alia, Protocol 31 to the EEA Agreement.

                  (3)

                  Protocol 31 to the EEA Agreement contains provisions and arrangements concerning cooperation in specific fields outside the four freedoms.

                  (4)

                  The cooperation of the Contracting Parties to the EEA Agreement was extended to include Regulation (EU) No 377/2014 of the European Parliament and of the Council (3) by Decision of the EEA Joint Committee No 249/2014 of 13 November 2014.

                  (5)

                  This cooperation should be extended to Norway, under the conditions provided for in Protocol 31 to the EEA Agreement, whose participation should therefore commence from 1 January 2014.

                  (6)

                  Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2014.

                  (7)

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

            HAS ADOPTED THIS DECISION:
      Article 1
      The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, 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 date of its adoption.

         Done at Luxembourg, 8 June 2015.

               For the Council

               The President

            D. REIZNIECE-OZOLA

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

         (2)  OJ L 1, 3.1.1994, p. 3.

         (3)  Regulation (EU) No 377/2014 of the European Parliament and of the Council of 3 April 2014 establishing the Copernicus Programme and repealing Regulation (EU) No 911/2010 (OJ L 122, 24.4.2014, p. 44).

         DRAFT
         DECISION OF THE EEA JOINT COMMITTEE No …/2015
         of
         amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
         THE EEA JOINT COMMITTEE,
         Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,
         Whereas:

                     (1)

                     The cooperation of the Contracting Parties to the EEA Agreement was extended to include Regulation (EU) No 377/2014 of the European Parliament and of the Council of 3 April 2014 establishing the Copernicus Programme and repealing Regulation (EU) No 911/2010 (1) by Decision of the EEA Joint Committee No 249/2014 of 13 November 2014 (2).

                     (2)

                     This cooperation should be extended to Norway, under the conditions provided for in Protocol 31 to the EEA Agreement, whose participation should therefore commence from 1 January 2014.

                     (3)

                     Protocol 31 to the EEA Agreement should therefore be amended in order to allow for that extended cooperation to take place from 1 January 2014,

               HAS ADOPTED THIS DECISION:
         Article 1
         In Article 1(8d)(e) of Protocol 31 to the EEA Agreement, the words ‘Norway and’ are deleted.
         Article 2
         This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*).
         It shall apply from 1 January 2014.
         Article 3
         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 122, 24.4.2014, p. 44.

            (2)  OJ L [not yet published]

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


title: 2010/376/: Commission Decision of 2 July 2010 on the safety requirements to be met by European standards for certain products in the sleep environment of children pursuant to Directive 2001/95/EC of the European Parliament and of the Council

text:
               6.7.2010

               EN

               Official Journal of the European Union

               L 170/39

         COMMISSION DECISION
   of 2 July 2010
   on the safety requirements to be met by European standards for certain products in the sleep environment of children pursuant to Directive 2001/95/EC of the European Parliament and of the Council
   (2010/376/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. These 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 complies with voluntary national standards transposing European standards.

               (3)

               In 2006 the European Commission commissioned a study (2) to assess the safety of several child-care articles commonly used to care for babies and young children from 0 until 5 years of age. The study was carried out in cooperation with national authorities, national standardisation bodies, consumer associations, product safety organisations, economic operators and testing laboratories.

               (4)

               For these products, the study compiled statistics on accidents and injuries in the Union and worldwide and carried out a complete risk assessment, based on an identification of the main hazards and an assessment of exposure scenarios.

               (5)

               Five types of products assessed by the study, which are regularly found in the sleep environment of newborns and young children, were identified for follow-up to the study. These are cot mattresses, cot bumpers, suspended baby beds, children’s duvets and children’s sleep bags.

               (6)

               Every day, newborns sleep for on average at least 16 hours, and at 3-5 years children still sleep for 11-13 hours a day. Including awake periods, babies and young children spend at least half of the day in a sleep environment during their first five years of life. Products in the sleep environment must be safe, because that is where babies and young children are commonly left unattended for longer periods during the day and the night.

               (7)

               According to the European Injury Database IDB, between 2005 and 2007, 17 000 accidents involving children from 0 to 4 years happened in the cot in the European Union (3). According to the US Consumer Product Safety Commission (CPSC), every year more babies die in incidents involving cots and cot-related products than with any other child-care product (4).

               (8)

               Some models of cot bumpers and children’s sleep bags have been notified through the European rapid alert system RAPEX as posing risks of suffocation and choking and consequently withdrawn from the market or recalled. In 1992, the French Consumer Safety Commission recommended action to inform consumers and improve the safety of children’s duvets, due to risks of flammability, overheating and suffocation. (5) In 2002, 2007 and 2008 the US CPSC ordered the recall of some models of mattresses for cots due to entrapment hazards and unfounded claims (6).

               (9)

               Cot bumpers, mattresses, and children’s duvets, if unsafe or supplied without essential safety warnings, may increase the incidence of Sudden Infant Death Syndrome (SIDS) due to the risk of overheating and asphyxia (7).

               (10)

               At the same time, research has found that children’s sleep bags may have a protective effect against SIDS (8), since they reduce the incidence of turning to a prone position and prevent bedding from coming up over the face and the head during sleep. If their use is to be encouraged for these reasons, it is necessary to ensure their safety against other risks, such as choking on small parts and entrapment.

               (11)

               No European standards exist for the abovementioned five types of products. It is therefore necessary to determine specific requirements pursuant to Article 4(1)(a) of Directive 2001/95/EC, with the view to requesting the standardisation bodies to develop standards to reduce the risks associated with the use of those products.

               (12)

               These standards should be developed 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 and of rules on Information Society services (9). 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.

               (13)

               Once the relevant standards are available, and provided that the Commission decides to publish their reference in the Official Journal, according to the procedure laid down in Article 4(2) of Directive 2001/95/EC, cot mattresses, cot bumpers, suspended baby beds, children’s duvets and children’s sleep bags manufactured in compliance with such standards should be presumed to comply with the general safety requirement of Directive 2001/95/EC, as far as the safety requirements covered by the standards are concerned.

               (14)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purposes of this Decision:

               —

               ‘cot mattress’ means a product providing support for newborns and children sleeping in a cot. It usually measures 60 × 120 cm or 70 × 140 cm and varies in thickness between 6 and 15 cm. It can also be foldable,

               —

               ‘cot bumper’ means an upholstered accessory for a cot attached to the inner part of it, generally used to improve the comfort of the child. It can cover at least one side of the cot,

               —

               ‘suspended baby bed’ means a cot or a crib, often with a non-rigid or other flat surface suspended with cords, straps or slings from one or more anchorage points. It is used to lay down a young baby who cannot kneel or sit up unaided,

               —

               ‘duvet for children’ means a fabric bag containing a soft filling for use in the cot to increase comfort when sleeping and prevent hypothermia,

               —

               ‘children’s sleep bag’ means a warmly lined or padded body-length bag, in which the baby is placed and designed to prevent hypothermia and suffocation while sleeping or lying in a cot.

         Article 2
   Requirements
   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
   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 Brussels, 2 July 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 11, 15.1.2002, p. 4.

      (2)  http://ec.europa.eu/consumers/safety/projects/ongoing-projects_en.htm#project_results

      (3)  IDB All Injury Data, 2005-2007.

      (4)  ‘Nursery product-related injuries and deaths among children under the age of five’, in CPSC, February 2009.

      (5)  http://www.securiteconso.org/Article195.html

      (6)  http://www.cpsc.gov/cgi-bin/prod.aspx

      (7)  ‘Environment of infants during sleep and risk of sudden infant death’, British Medical Journal, 1996,
   ‘Changing concepts of SIDS: implications for infant sleeping environment and sleep position’, American Academy of Paediatrics, March 2000,
   ‘Sleep Environment and the risk of sudden Infant death in an urban population’, American Academy of Paediatrics, May 2003,
   http://www.hc-sc.gc.ca/cps-spc/legislation/pol/bumper-bordure-eng.php

      (8)  ‘Risk and preventive factors for cot death in The Netherlands, a low-incidence country’, European Journal of Paediatrics, July 1998.

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

      ANNEX

         SPECIFIC SAFETY REQUIREMENTS FOR COT MATTRESSES

      RISKS: The main risks associated with the product are entrapment and flammability.

         Safety requirements

      1.   General safety requirements

      Articles shall not jeopardise the safety or health of children and carers when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children. The ability of the users and their carers shall be taken into account, in particular for articles which, by virtue of their functions, dimensions and characteristics, are intended for use by children under five years. Labels on articles or on their packaging and accompanying instructions for use shall draw the attention of carers to the hazards and risks posed by using the articles and to the way of avoiding them.
      2.   Specific safety requirements

         Chemical requirements

      Cot mattresses shall comply with EU legislation.

         Fire and thermal properties

      Cot mattresses shall not constitute a dangerous flammable object in the child’s environment. Therefore they must be composed of materials which fulfil at least one of the following conditions:

                  —

                  they do not burn if directly exposed to a flame or spark,

                  —

                  if they do ignite, they shall burn slowly with a low rate of spread of the flame.

            In addition, combustible materials shall not release toxic fumes during combustion.
      The use of chemical flame retardant substances should be kept to the minimum. If chemical flame retardant substances are used, their toxicity during use and end-of-life disposal should not endanger the health of the users, carers and the environment.

         Physical and mechanical properties

         Entrapment hazards from gaps and openings

      To prevent entrapment of the torso, head and neck in the bed base, cot mattresses shall completely cover the bed base and withstand stress induced by the child by standing on the mattress or walking in the cot.
      The child should not be able to lift the parts of the foldable mattress, which could give him/her access to the bed base and thus increase the risk of entrapment.
      Articles shall be designed and manufactured as far as possible in order to prevent entrapment of limbs, feet and hands in spaces between the mattress and the sides of the cot.
      To prevent asphyxia of the child whose head or torso is entrapped between the mattress and the sides of the cot, the space between the mattress and the sides of the cot must be limited, taking into account the most onerous position of the mattress on the cot base.

         Entanglement hazards

      The length of cords, ribbons and parts used as ties and the size of the loops must be limited to prevent the risk of entanglement.

         External suffocation hazards

      Cot mattresses shall not comprise plastic decals which can be detached by the child or other impermeable layers of the mattress which can cover both the mouth and the nose.
      The packaging in which the articles are contained must not constitute a risk of suffocation caused by airway obstruction.
      To prevent the risk of suffocation, the product shall not comprise a soft mattress filling which could mould to the child’s face or produce indentations which could obstruct the airways.

         Choking and internal suffocation hazards

      Cot mattresses shall not contain separate or small parts which can be detached by the child, fit completely into a child’s mouth and swallowed.
      Cot mattresses shall not contain small parts which can be detached by the child and which can remain stuck in the pharynx or at the back of the oral cavity. The filling material shall not be accessible, especially by biting off and shall withstand stress from foreseeable use by the child, taking into account the possibility of fibres passing through the seams and the strength of the seams.

         Hazardous edges

      Cot mattresses shall not have sharp edges or points. Springs wires shall not have hazardous points and shall not protrude through the surface of the mattress.

         Structural integrity

      The material of the mattress shall have physical properties such that the mattress does not constitute an entrapment hazard. There shall be no permanent deformation of the filling resulting in a loose cover.

         Specific warnings for the article

      Warnings and instructions for use shall indicate to the carers the thickness of the mattress to prevent falling from the cot, and the appropriate size (length and width) for it to fit in the cot and avoid entrapment.
      To prevent suffocation, instructions shall draw the attention of carers to the dangers posed by piling up two or more mattresses to improve the comfort of the child.
      Warnings against possible scenarios that could cause a fire (e.g. smoking in proximity of the cot) should be included.

         Hygiene

      Cot mattresses should be designed in such a way as to meet hygiene and cleanliness requirements to avoid the risk of infection or contamination.

         SPECIFIC SAFETY REQUIREMENTS FOR COT BUMPERS

      RISKS: The main risks associated with the product are strangulation, internal and external suffocation and choking.

         Safety requirements

      1.   General safety requirements

      Articles shall not jeopardise the safety or health of children when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
      The ability of the users and their carers shall be taken into account, in particular for articles which, by virtue of their functions, dimensions and characteristics, are intended for use by children from six up to 18 months.
      Labels on articles or on their packaging and the instructions for use which accompany them shall draw the attention of carers to the inherent hazards and risks of harm involved in using the articles and to the way of avoiding them.
      2.   Specific safety requirements

         Chemical requirements

      Cot bumpers shall comply with EU legislation.

         Fire and thermal properties

      Cot bumpers shall not pose flammability risks in the child’s environment. They shall be composed of materials which fulfil at least one of the following conditions:

                  —

                  they do not burn if directly exposed to a flame or spark,

                  —

                  if they do ignite, they shall burn slowly with a low rate of spread of the flame.

            In addition, combustible materials shall not release toxic fumes during combustion.
      The use of chemical flame retardant substances should be kept to the minimum. If chemical flame retardant substances are used, their toxicity during use and end-of-life disposal should not endanger the health of the users, carers and the environment.

         Physical and mechanical properties

         Microbiological hazards

      Cot bumpers shall not pose microbiological hazards from insufficient hygiene from material of animal origin.

         Entrapment hazards from gaps and openings

      Cot bumpers shall not constitute a risk of entrapment of the head and neck of the child in loops or cords or other attachment devices. Stitching and decorative parts on the bumper shall not become loose when submitted to mechanical stress from foreseeable use by children so as not to pose an additional risk of entrapment of limbs, head and fingers or make the filling accessible (see choking hazards).

         Entanglement hazards

      There shall be no cords or loops on the cot bumpers that could entangle a child’s neck. Loops where a child’s fingers or toes could be trapped should be avoided.

         Choking and internal suffocation hazards

      Cot bumpers shall not contain separate or small parts which can be detached by the child, fit completely into a child’s mouth and swallowed.
      Cot bumpers shall not contain small parts which can be detached by the child and can remain stuck in the pharynx or at the back of the oral cavity. The filling material shall not be accessible, especially by biting off, and shall withstand stress from foreseeable use by the child, taking into account the possibility of fibres passing through the seams and the strength of the seams. The filling material shall not contain any hard or sharp contaminants, such as metal particles, nails, needles or splinters.

         External suffocation hazards

      The product shall not comprise plastic decals which could be detached by the child or other impermeable coverings of the cot bumper which could cover both the mouth and the nose.
      The packaging in which the articles are contained shall not constitute a risk of suffocation due to obstruction of the external airways.
      To prevent suffocation, the product shall not comprise soft materials which could mould to the child’s face or produce indentations which could obstruct the airways.

         Hazardous edges

      Cot bumpers shall not have sharp edges and points. They shall not comprise points or protruding surfaces that could constitute a puncture hazard.

         Protective function

      Cot bumpers shall be designed and manufactured in such a way as to avoid the presence of parts likely to be used as footholds enabling children to climb on the product.

         Hazards due to the combination of two separate items

      Cot bumpers shall not pose an additional entrapment or asphyxiation hazard if the child manages to put his/her head between the cot bumper and the side of the cot.

         Specific warnings for the article

      Adequate information shall be given for the correct fitting of the cot bumper to the side of the cot. The warning shall indicate that the cot bumper shall be fitted correctly so that the attachment device shall not comprise cords and loops that could entrap the head and neck of the child. Warnings shall draw the attention of carers to the risks posed by cot bumpers which are not compatible (due to the size or model) with the cot and by cot bumpers which are not correctly attached to the cot.

         Hygiene

      Cot bumpers shall be designed and manufactured in such a way as to be easily and thoroughly cleaned, to avoid the risk of infection or contamination. The product shall fulfil this condition also after washing according to the manufacturer’s instructions and should not stain when in contact with the child.

         SPECIFIC SAFETY REQUIREMENTS FOR SUSPENDED BABY BEDS

      RISKS: The main risks associated with the product are entrapment, suffocation and injury due to structural failure and instability.

         Safety requirements

      1.   General safety requirements

      Articles shall not jeopardise the safety or health of children when used as intended or in a foreseeable way, bearing in mind the behaviour of children.
      The ability of the users and their carers shall be taken into account, in particular for articles which, by virtue of their functions, dimensions and characteristics, are intended for use by children below 12 months.
      Labels on articles or on their packaging and the instructions for use which accompany them shall draw the attention of carers to the inherent hazards and risks of harm involved in using the articles and to the way of avoiding them.
      2.   Specific safety requirements

         Chemical requirements

      Suspended baby beds shall comply with EU legislation.

         Fire and thermal properties

      Suspended baby beds shall not pose flammability risks in the child’s environment. They shall be composed of materials which fulfil at least one of the following conditions:

                  —

                  they do not burn if directly exposed to a flame or spark,

                  —

                  if they do ignite, they shall burn slowly with a low rate of spread of the flame,

                  —

                  if they do ignite, they shall burn slowly and shall not produce flaming debris or melting drops.

            In addition, combustible materials shall not release toxic fumes during combustion.
      The use of chemical flame retardant substances should be kept to the minimum. If chemical flame retardant substances are used, their toxicity during use and end-of-life disposal should not endanger the health of the users, carers and the environment.

         Physical and mechanical properties

         Entrapment hazards from gaps and openings

      Suspended baby beds shall be designed and manufactured in order to prevent any entrapment of the child’s head, fingers, limbs, hands and feet in all type of openings.

         Hazards from moving parts

      Suspended beds shall be designed to prevent impacts of the child in the bed against the frame or other furniture in the room due to sideway movement.
      Suspended beds shall be designed to limit rotation of the bed, for instance when twisted.
      Suspended beds shall not constitute a hazard (e.g. entrapment) to other children (e.g. siblings) who may come in contact with the bed.

         Falling hazards

      The stand and the bed shall be sufficiently stable to prevent accidental tipping over of the suspended bed which could cause the child to fall. Baby beds should remain stable when the child moves in the bed or when the bed swings along the amplitude permitted by the suspension device.
      The attachment device shall not become detached from the supporting beam or similar device.
      The suspension device including its components shall withstand the movement of the child during use.

         Entanglement hazards

      There shall be no cords or ribbons in the suspended baby bed that could entangle the child’s neck. The child in the suspended bed shall not be susceptible to becoming entangled in cords and straps from the suspension device and the adjustment device.

         Choking and internal suffocation hazards

      Suspended beds shall not contain separate or small parts which can be detached by the child, fit completely into a child’s mouth and swallowed.
      Suspended beds shall not contain small parts which can be detached by the child and can remain stuck in the pharynx or at the back of the oral cavity. The filling material shall not be accessible and shall withstand stress from foreseeable use by the child (including biting off).

         External suffocation hazards

      The product shall not comprise plastic decals which could be detached by the child and other impermeable coverings which can cover both the mouth and the nose.
      The packaging in which the articles are contained shall not constitute a risk of suffocation caused by obstruction of the external airways. To prevent the risk of suffocation, the product shall not comprise soft materials which can mould to the child’s face or produce indentations which could obstruct the airways.

         Hazardous edges

      Suspended beds shall not have sharp edges and points. Accessible edges and corners shall be rounded and chamfered.
      The product shall not comprise protruding parts on which a child could fall and be injured.
      The product shall not comprise points or protruding surfaces that can constitute a puncture hazard.

         Structural integrity

      Deformation of the suspension device and slipping in the adjustment device shall be limited to prevent falls or impacts from the bed.
      Stitching and decorative parts on the suspended baby bed shall not become loose when submitted to mechanical stress from foreseeable use by children and pose a risk of entrapment of limbs, head and fingers.
      Movement of the child’s body weight shall not create gaps or modify existing gaps leading to entrapment of the fingers, hands and feet.
      To prevent collapse of the suspended baby bed and breaking of components (from stands, attachment device or suspension device) likely to cause physical injury, suspended beds shall withstand the mechanical stress to which they are subject during use for the lifetime of the product.

         Specific warnings for the article

      Warnings and instructions for use shall draw the attention of carers to the fact that mounting and adjusting the bed safely requires skill. Warnings should also convey the following messages:

                  —

                  the child may get injured if the amplitude of the swing is excessive (e.g. the child may hit the bed frame, or the bed may hit other furniture),

                  —

                  suspended beds may pose risks to other children,

                  —

                  other children may pose additional risks (e.g. by trying to bend over the bed),

                  —

                  suspended beds should be installed on flat surfaces,

                  —

                  the use of suspended beds as night-time beds should be discouraged,

                  —

                  suspended beds should not be used when the child is able to kneel or sit up unaided. The age group suitable for this product (not beyond 12 months) should be clearly indicated.

         Hygiene

      Suspended beds shall be designed and manufactured in such a way as to be easily and thoroughly cleaned to avoid the risk of infection or contamination.

         SPECIFIC SAFETY REQUIREMENTS FOR DUVETS FOR CHILDREN

      RISKS: The main risks associated with the product are suffocation and hyperthermia, frequently associated with Sudden Infant Death Syndrome.

         Safety requirements

      1.   General safety requirements

      Articles shall not jeopardise the safety or health of children when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
      Labels on articles or on their packaging and the instructions for use which accompany them shall draw the attention of carers to the inherent hazards and risks of harm involved in using the articles and to the way of avoiding them.
      2.   Specific safety requirements

         Chemical requirements

      Duvets for children shall comply with EU legislation.

         Fire and thermal properties

      Children’s duvets shall not pose flammability risks in the child’s environment.
      They shall be composed of materials which fulfil at least one of the following conditions:

                  —

                  they do not burn if directly exposed to a flame or spark,

                  —

                  if they do ignite, they shall burn slowly with a low rate of spread of the flame.

            In addition, combustible materials shall not release toxic fumes during combustion.
      The use of chemical flame retardant substances should be kept to the minimum. If chemical flame retardant substances are used, their toxicity during use and end-of-life disposal should not endanger the health of the users, carers and the environment.

         Hyperthermia hazard

      Warnings and instructions shall draw carers’ attention to the temperature in the room where the product is used, to prevent hyperthermia.

         Physical and mechanical properties

         Microbiological hazards

      Children’s duvets shall not pose microbiological hazards from insufficient hygiene from material of animal origin.

         Entrapment hazards from gaps and openings

      Stitching and decorative parts on duvets shall not become loose when subject to mechanical stress from foreseeable use and thus pose a risk of entrapment (especially of fingers).

         Entanglement hazards

      Duvets for children shall not comprise cords or loops that could entangle the child’s neck.

         Choking and internal suffocation hazards

      Duvets for children shall not contain separate or small parts which can be detached by the child, fit completely into a child’s mouth and swallowed. Duvets for children shall not contain small parts which can be detached by the child and can remain stuck in the pharynx or at the back of the oral cavity. The filling material shall not be accessible, and shall not contain any hard or sharp contaminants, such as metal particles, nails, needles or splinters. The filling shall also withstand stress from foreseeable use by the child (including biting off), taking into account the possibility of fibres passing through the seams and the strength of the seams.

         External suffocation hazards

      Duvets for children shall not comprise plastic decals which could be detached by the child and other impermeable coverings which can cover both the mouth and the nose.
      The packaging in which the product is contained shall not constitute a risk of suffocation caused by obstruction of the external airways.
      The baby shall be able to breathe and get sufficient airflow when the duvet covers his/her face while sleeping.

         Specific warnings for the article

      Warnings and instructions for use shall draw carers’ attention to the serious risks of suffocation if duvets are used with children under four months.
      The minimum age recommended for use is nine months.
      Information concerning the size of the cot in which the duvet is to be used shall also be provided.
      Warnings about the room temperature shall also be provided (see hyper thermal hazards).

         Hygiene

      Duvets for children shall be designed and manufactured in such a way as to be easily and thoroughly cleaned to avoid the risk of infection or contamination. The product shall fulfil this condition also after washing according to the manufacturer’s instructions and should not stain when in contact with the child.

         SPECIFIC SAFETY REQUIREMENTS FOR CHILDREN’S SLEEP BAGS

      RISKS: The main risk associated with the product is choking on small parts and entrapment inside the bag

         Safety requirements

      1.   General safety requirements

      Articles shall not jeopardise the safety or health of children when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
      Labels on articles or on their packaging and accompanying instructions for use shall draw the attention of carers to the inherent hazards and risks of harm involved in using the articles and to the way of avoiding them.
      2.   Specific safety requirements

         Chemical requirements

      Children’s sleep bags shall comply with EU legislation.

         Fire and thermal properties

      Children’s sleep bags shall not pose flammability risks to the child environment.
      They shall be composed of materials which fulfil at least one of the following conditions:

                  —

                  they do not burn if directly exposed to a flame or spark,

                  —

                  if they do ignite, they shall burn slowly with a low rate of spread of the flame.

            In addition combustible materials shall not release toxic fumes during combustion.
      The use of chemical flame retardant substances should be kept to the minimum. If chemical flame retardant substances are used, their toxicity during use and end-of-life disposal should not endanger the health of the users, carers and the environment.

         Hyperthermia hazard

      Warnings and instructions shall draw carers’ attention to the temperature in the room where the product is used, to prevent hyperthermia.

         Physical and mechanical properties

         Entrapment hazards from gaps and openings

      Stitching and decorative parts on the sleeping bag shall not become loose when subject to mechanical stress from foreseeable use and thus pose a risk of entrapment (especially of fingers). Also the size of the neck and arms openings should prevent the child slipping down into the bag.

         Structural integrity

      Fastenings shall be secure to prevent the child slipping down into the bag. Seams and fastenings shall remain stable after washing according to the manufacturers’ instructions.

         Entanglement hazards

      There shall be no cords or loops on the sleeping bags that could entangle the child’s neck.

         Choking and internal suffocation hazards

      Children’s sleep bags shall not contain separate or small parts which can be detached by the child, fit completely into a child’s mouth and swallowed. Sleeping bags shall not contain small parts which can be detached by the child and can remain stuck in the pharynx or at the back of the oral cavity. The filling material shall not be accessible and shall withstand stress from foreseeable use by the child (including biting off), taking into account the possibility of fibres passing through the seams and the strength of the seams.

         External suffocation hazards

      Children’s sleep bags shall not comprise plastic decals which could be detached by the child or other impermeable coverings or fabrics which can cover both the mouth and the nose.
      The packaging in which the product is contained shall not constitute a risk of suffocation caused by obstruction of the external airways.
      The baby shall be able to breathe if the sleeping bag covers his/her face while sleeping.

         Hazardous edges

      Children’s sleep bags shall not have sharp edges and points.

         Specific warnings for the article

      Warnings and instructions shall instruct carers to choose the sleeping bag recommended for the age and height of the child.
      Warnings about the room temperature shall also be provided (see hyper thermal hazards).

         Hygiene

      Children’s sleep bags shall be designed and manufactured in such a way as to be easily and thoroughly cleaned to avoid the risk of infection or contamination. The product shall fulfil this condition also after washing according to the manufacturer’s instructions and should not stain when in contact with the child.


Avis juridique important

|

31998D1114(03)

Council Decision of 9 November 1998 appointing a member of the Advisory Committee on Pharmaceutical Training

Official Journal C 346 , 14/11/1998 P. 0003 - 0003

COUNCIL DECISION of 9 November 1998 appointing a member of the Advisory Committee on Pharmaceutical Training (98/C 346/03)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to Council Decision 85/434/EEC of 16 September 1985 setting up an Advisory Committee on Pharmaceutical Training (1), and in particular Articles 3 and 4 thereof,Whereas by Decision of 23 July 1996 (2) the Council appointed Mr K.-W. GLOMBITZA a member for the period ending on 22 July 1999;Whereas the German Government has nominated Mr Wolfgang WIEGREBE to replace Mr K.-W. GLOMBITZA,HAS DECIDED AS FOLLOWS:Sole Article Mr Wolfgang WIEGREBE is hereby appointed a member of the Advisory Committee on Pharmaceutical Training in place of Mr K.-W. GLOMBITZA for the remainder of the latter's term of office, which expires on 22 July 1999.Done at Brussels, 9 November 1998.For the CouncilThe PresidentJ. FARNLEITNER(1) OJ L 253, 24.9.1985, p. 43.(2) OJ C 239, 17.8.1996, p. 5.


Avis juridique important

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31980D0443

80/443/EEC, Euratom, ECSC: Decision of 7 February 1980 amending the Decision of 16 January 1969 establishing the Office for Official Publications of the European Communities

Official Journal L 107 , 25/04/1980 P. 0044 - 0046 Finnish special edition: Chapter 1 Volume 2 P. 0005  Greek special edition: Chapter 01 Volume 2 P. 0144  Swedish special edition: Chapter 1 Volume 2 P. 0005  Spanish special edition: Chapter 01 Volume 3 P. 0032  Portuguese special edition Chapter 01 Volume 3 P. 0032

DECISION  of 7 February 1980  amending the Decision of 16 January 1969 establishing the Office for Official Publications of the European Communities  (80/443/EEC, Euratom, ECSC)    THE EUROPEAN PARLIAMENT,  THE COUNCIL,  THE COMMISSION,  THE COURT OF JUSTICE,  THE ECONOMIC AND SOCIAL COMMITTEE,  THE COURT OF AUDITORS,  Having regard to the Treaty establishing the European Coal and Steel Community,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Treaty establishing the European Atomic Energy Community,  Having regard to the Treaty amending certain financial provisions of the Treaties establishing the European Communities and of the Treaty establishing a Single Council and a Single Commission of the European Communities of 22 July 1975, and in particular Articles 1, 11 and 19 thereof,  Having regard to the Decision of the representatives of the Governments of the Member States on the provisional location of certain institutions and departments of the Communities (1) of 8 April 1965, and in particular Article 8 thereof,  Having regard to Decision 69/13/Euratom, ECSC, EEC of 16 January 1969 establishing the Office for Official Publications of the European Communities (2),  (1)OJ No 152, 13.7.1967, p. 18. (2)OJ No L 13, 18.1.1969, p. 19 (the English version of this Decision is shown in the Annex hereto).   Having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (1), as amended by Council Regulation (ECSC, EEC, Euratom) No 1252/79 of 25 June 1979 (2),  Whereas provision must be made for the Court of Auditors to participate in the management of the Office and to avail itself of its services in the same way as the other institutions;  Whereas, moreover, certain provisions of Decision 69/13/Euratom, ECSC, EEC may be abrogated owing to their transitional character;  Whereas, finally, certain amendments are necessary to the said Decision 69/13/Euratom, ECSC, EEC in the light of experience gained with regard to the operation of the Office,  HAVE DECIDED AS FOLLOWS:    Article 1 Decision 69/13/Euratom, ECSC, EEC is amended as follows:    1. In Article 1, a further paragraph is added as follows:  "The following shall be recognized as institutions for purposes of this Decision : the European Parliament, the Council, the Commission, the Court of Justice, the Economic and Social Committee and the Court of Auditors."       2. Article 2 is amended as follows:      (a) The second indent of paragraph 1 is replaced by the following:  "- to print or to have printed by contractors other publications of the institutions of the European Communities or their departments, with the exception of the publications falling within the terms of paragraphs 2 and 3 and Article 3 (4) and to print or to have printed any publications from independent bodies set up by Community act."           (b) Paragraph 3 is replaced by the following:  "3. In addition, the internal documents of each institution may be printed in the reproduction workshops of the institutions concerned and distributed directly."                  3. Article 4 is amended as follows:      (a) The fourth indent of paragraph 1 is replaced by the following:  "- draw up, on the basis of a draft prepared by the Director, an annual management report covering in particular, in the light of the analytical accounts, all revenue and expenditure headings relating to the work done and services rendered by the Office ; by 1 May of each year it shall send its report on the financial year just ended to the institutions."           (b) In the last indent of paragraph 1 the reference to Article 6 is deleted.           (c) In the last indent of paragraph 2, the words "specified in Article 9 (1)" are replaced by "specified in the second paragraph of Article 1".                  4. Article 5 (5) is deleted.       5. Article 6 (1) is deleted.       6. Article 7 is replaced by the following:  "1. The appropriations allocated to the Office for Official Publications, the total amount of which shall be shown under a separate heading within the section of the budget relating to the Commission, shall be set out in detail in an annex to that section.  This annex shall be in the form of a statement of revenue and expenditure subdivided in the same way as the sections of the budget.  For guidance purposes only each institution shall show in its own section of the budget a pro forma appropriation equivalent to the provisional estimate of the cost of the services of the Office to the institution in question.  2. Posts at the Office shall be listed in the annex to the table showing the Commission's staff.  3. Each institution shall act as authorizing officer for appropriations which come under the heading "publishing expenditure" for its budget. The Management Committee shall establish procedures for cooperation on accounting between the Office and the institutions.  4. Services rendered by the Office shall be subject to pro forma invoicing based on tariffs established with the aid of the analytical accounts.  5. The Office shall keep separate accounts for the sale of the Official Journal of the European Communities. Net receipts from sales shall be passed on to the institutions and independent bodies after the financial year has ended."       7. Article 9 (1) of the Decision of 16 January 1969 is deleted. Paragraph 2 becomes the sole paragraph.          Article 2 This Decision shall enter into force on the 10th day following its publication in the Official Journal of the European Communities.  (1)OJ No L 356, 31.12.1977, p. 1. (2)OJ No L 160, 28.6.1979, p. 1.      Done at Brussels and at Luxembourg, 7 February 1980.  For the European Parliament  The President  S. VEIL  For the Council  The President  B. LENIHAN  For the Commission  The President  R. JENKINS  For the Court of Justice  The President  H. KUTSCHER  For the Economic and Social Committee  The Chairman  R. VANNI  For the Court of Auditors  The President  M.N. MURPHY