(1)

Directive 2007/46/EC establishes a harmonised framework containing the administrative provisions and general technical requirements for all new vehicles, systems, components and separate technical units. In particular it includes a description of the procedures to be followed with respect to type-approval including the practical measures to be taken in order to ensure that vehicles are produced in accordance with their type-approval documentation as well provisions concerning how tests must be conducted in order to be granted type-approval.

(2)

When examining the major policy areas which impact the competitiveness of the European automotive industry the CARS 21 High Level Group, set up by the Commission in 2005 to chart the way towards sustainable development of a competitive European automotive industry, agreed on a number of recommendations aiming at enhancing the industry’s global competitiveness and employment while sustaining further progress in safety and environmental performance. In the area of simplification the Group recommended the introduction of the possibility for a manufacturer to conduct himself tests required for approval, which implies his designation as technical service (hereinafter ‘self-testing’). It also recommended the possibility to use computer simulations instead of conducting physical tests (hereinafter ‘virtual testing’).

(3)

One of the main features of the type-approval system lies in the high level of confidence which must exist between the approval authority and the technical services it has appointed. It is therefore important that the documents exchanged between technical services and approval authority ensure transparency and clarity. For this reason, the format of the test reports as well the information which needs to be included therein should be clearly specified in Annex V to Directive 2007/46/EC related to the procedures to be followed with respect to type-approval.

(4)

The verification of the conformity of the vehicles, components or separate technical units throughout the whole production process is an essential mechanism of the type-approval system. One of the ways of verifying conformity of production consists in conducting physical tests on vehicles, components or separate technical units taken from the production in order to ensure that they continue to meet the technical requirements. Even when virtual test methods have been used for the purposes of type-approval it should be clarified that only physical tests may be performed when the authority selects samples at random.

(5)

Tests required with a view to granting type-approval are conducted by technical services duly notified by the approval authorities of the Member States after their skills and competence have been assessed under relevant international standards. Those standards contain the necessary requirements to allow a manufacturer or a subcontractor acting on his behalf to be designated as technical service by the approval authority in the meaning of Directive 2007/46/EC. It is however important to specify what the responsibilities of the manufacturers are in order to prevent potential conflict of interests in particular when tests are subcontracted.

(6)

A list of the regulatory acts for which a manufacturer may be designated as technical service is included in Annex XV to Directive 2007/46/EC. To conform to the recommendations of the CARS 21 High Level Group it is necessary to amend that list.

(7)

Computer-aided techniques, in particular Computer-Aided-Design, are used widely throughout the engineering process from conceptual design and layout of components and equipments, through strength and dynamic analysis of assemblies to definition of manufacturing methods. Available software makes possible the use of virtual testing methods based on those techniques, the introduction of which was identified by the CARS 21 High Level Group as a means of reducing costs for manufacturers by removing the obligation of building prototypes for the purposes of type-approval. To conform to the recommendations of the Group, it is necessary to establish a list of the regulatory acts for which virtual testing is permitted.

(8)

A virtual testing method should provide for the same level of confidence in the results as a physical test. Therefore, it is appropriate to lay down relevant conditions to ensure that proper validation of the mathematical models is conducted.

(9)

It is appropriate with a view to ensuring the proper operation of the type-approval system to update the Annexes to Directive 2007/46/EC in order to adapt them to the development of scientific and technical knowledge. Since the provisions of those Annexes are sufficiently detailed and need not further transposition measures by Member States, it is therefore appropriate to replace them by means of a Regulation in accordance with Article 39(8) of Directive 2007/46/EC.

(10)

Annexes V, X, XV and XVI to Directive 2007/46/EC should be amended accordingly.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles,

1.

Annex V is replaced by the text set out in Annex I to this Regulation.

2.

Annex X is replaced by the text set out in Annex II to this Regulation.

3.

Annex XV is replaced by the text set out in Annex III to this Regulation.

4.

Annex XVI is replaced by the text set out in Annex IV to this Regulation.

(1)

Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

(2)

On 22 April 2010 the Sanctions Committee of the United Nations Security Council decided to add two natural persons to its list of persons, groups and entities to whom the freezing of funds and economic resources should apply and to remove one natural person from the list.

(3)

Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly.

(4)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately,

(1)

Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)

Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

(3)

Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation.

(4)

Import duties should be fixed for the period from 1 May 2010 and should apply until new import duties are fixed and enter into force,

(1)

The terms of office of Mr Jan KINŠT, Ms Kersti KALJULAID, Mr Igors LUDBORŽS, Ms Irena PETRUŠKEVIČIENĖ, Mr Gejza HALÁSZ, Mr Josef BONNICI, Mr Jacek UCZKIEWICZ, Mr Vojko Anton ANTONČIČ and Mr Július MOLNÁR expire on 6 May 2010.

(2)

New appointments should therefore be made,

—

Mr Jan KINŠT,

—

Ms Kersti KALJULAID,

—

Mr Igors LUDBORŽS,

—

Ms Rasa BUDBERGYTĖ,

—

Mr Szabolcs FAZAKAS,

—

Mr Louis GALEA,

—

Mr Augustyn KUBIK,

—

Mr Milan Martin CVIKL,

—

Mr Ladislav BALKO.

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1).

(2)

A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Tadeusz WRONA, member of the Committee of the Regions. An alternate member’s seat has become vacant following the appointment of Mr Jan BRONŚ as a member of the Committee of the Regions,

(a)

as member:

and

(b)

as alternate member:

(1)

Article 15(7) of Council Decision 2003/479/EC (1) and Article 15(6) of Council Decision 2007/829/EC (2) provide that the daily and monthly allowances are to be adjusted each year without retroactive effect on the basis of the adaptation of the basic salaries of European Union officials in Brussels and Luxembourg.

(2)

On 23 December 2009, the Council adopted Regulation (EU, Euratom) No 1296/2009 adjusting with effect from 1 July 2009 the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applied thereto (3), which applies an adjustment of 1,85 %,

(1)

The communication from the Commission to the European Parliament and the Council on a Community action plan on the protection and welfare of animals 2006-2010 (3) identifies as one area of action the upgrading of existing minimum standards for animal protection and welfare in line with new scientific evidence and socioeconomic assessments as well as securing efficient enforcement.

(2)

In order to improve the welfare of certain categories of transported animals, Union legislation lays down requirements concerning maximum journey times after which the animals are to be unloaded, fed and watered and rested. Such obligatory breaks in the long-distance transport of animals take place at control posts, as defined in Article 1(1) of Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for control posts (4).

(3)

The increase in the number of animals being transported by road over long journeys has led to the need for improved control posts. It is necessary to determine, by consulting stakeholders and using their technical expertise, quality criteria for control posts and to determine which strategies should be developed within the Union.

(4)

In addition, there is a lack of control posts in certain locations and a number of existing control posts are of poor quality. A preparatory action, including the building or renovating of certain control posts, should therefore be carried out.

(5)

In 2008, a call for proposals was published by the Commission for a similar preparatory action, but none of the proposals received met the minimum criteria of the call, due to the lack of sufficient information regarding the economic viability of the projects as well as the source of co-financing.

(6)

Commission Decision 2009/755/EC of 13 October 2009 concerning the adoption of a financing decision towards a preparatory action on control posts for 2009 (5) established two phases of the preparatory action for 2009: firstly a preliminary study by a procurement procedure and another one by grants.

(7)

In 2009, the preliminary study provided for in Decision 2009/755/EC was initiated to collect information on the current status of control posts as well as to define quality criteria for high quality control posts. That study will also establish economic criteria for providing subsidies to properly renovate or build high quality control posts. The results of the study are expected by May 2010 and the procedure for grants provided for by Decision 2009/755/EC will be initiated on the basis of the criteria established in the study.

(8)

It is appropriate to maintain financing by the Union for that preparatory action. In the general budget of the European Union for 2010, the budgetary authority allocated EUR 2 000 000 to a preparatory action on control posts.

(9)

This Decision constitutes a financing decision within the meaning of Article 75(2) of Regulation (EC, Euratom) No 1605/2002 and Article 90 of Regulation (EC, Euratom) No 2342/2002.

(10)

Pursuant to Article 83 of Regulation (EC, Euratom) No 1605/2002, the validation, authorisation and payment of expenditure should be completed within the time limits laid down in the Implementing Rules.

(11)

For the application of this Decision, it is appropriate to define the term ‘substantial change’, within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002,

(1)

Health of the citizens is essential for growth and prosperity in the Union.

(2)

In the last 3 decades the levels of overweight and obesity in the population of the Union have risen dramatically, particularly among children.

(3)

The trend of poor diet and low physical activity across the population of the Union is worsening.

(4)

The prevalence of a number of chronic conditions such as cardiovascular disease, hypertension, type 2 diabetes, strokes, certain cancers, musculo-skeletal disorders and even a range of mental health conditions, is increasing.

(5)

If common lifestyle risk factors, among others diet-related ones, were eliminated, around 80 % of cases of heart disease, strokes and type 2 diabetes, and 40 % of cancers, could be avoided.

(6)

At its meeting on 3 December 2009, the Competitiveness Council recognised ‘Health, food and prevention of diet-related diseases’ (the title was later changed to ‘A healthy diet for a healthy life’) as an area where joint programming would provide a major added value to the current, fragmented research efforts by Member States. It therefore adopted conclusions recognising the need to launch a joint programming initiative on the subject and inviting the Commission to contribute to the preparation of that initiative. The Council also reaffirmed that joint programming is a process led by Member States, with the Commission acting as a facilitator.

(7)

Joint programming of research in the field of food and health would provide for coordination of research on the impact of lifestyles and diet on health, contributing significantly to construction of a fully operational European Research Area on prevention of diet-related diseases and strengthening leadership and competitiveness of the research activities in this field.

(8)

In order to ensure the efficiency of the joint efforts of Member States in the field of food and health, Member States should develop and implement a strategic research agenda based on a common approach to prevention of diet-related diseases.

(9)

With a view to ensuring effective management of the joint action to be taken, Member States should set up a common management structure with a mandate to establish common conditions, rules and procedures for cooperation and coordination and to monitor implementation of the strategic research agenda.

(10)

In order to achieve the goals set by this Recommendation, Member States should cooperate with the Commission on exploring possible Commission initiatives to assist Member States with developing and implementing the strategic research agenda.

(11)

In order for the Commission to be able to report to the European Parliament and to the Council, Member States should report regularly to the Commission on the progress made on this joint programming,