1.

For vessels flying their flag, Member States shall ensure that fishing with trawls, Danish seines or similar gears of a mesh size equal to or larger than 90 mm, with gillnets, entangling nets or trammel nets of a mesh size equal to or larger than 90 mm, with bottom set lines, longlines except drifting lines, handlines and jigging equipment shall be permitted for a maximum number of:

2.

The maximum number of days absent from port per year for which a vessel may be present within the two areas defined in point 1(a) and (b) fishing with the gears referred to in point 1 may not exceed the maximum number of days allocated for one of the two areas.

1.

The retention on board of the following species of fish which are caught within the geographical areas and during the periods mentioned below shall be prohibited:

2.

By way of derogation from point 1, when fishing with trawls, Danish seines or similar gears with a mesh size equal to or greater then 105 mm or with gillnets, entangling nets or trammel nets with a mesh size equal to or greater than 100 mm, by-catches of flounder and turbot may be retained on board and landed within a limit of 10 % by live weight of the total catch retained on board and landed during the periods of prohibition referred to in point 1.

1.

By way of derogation from point 1(e)(i) of Appendix 1 to Annex II to Regulation (EC) No 2187/2005, the meshes shall have a minimum mesh opening of 120 mm from 1 January in subdivisions 22-24 and from 1 March in subdivisions 25-32.

2.

By way of derogation from point 1(d)(ii) of Appendix 1 to Annex II to Regulation (EC) No 2187/2005, the length of the window shall be at least 5,5 m from 1 January in subdivisions 22-24 and from 1 March in subdivisions 25-32.

3.

By way of derogation from point 2 the length of the window shall be at least 6 m, if a sensor dedicated to the measurement of the volume of the catches is attached to the window from 1 January in subdivisions 22-24 and from 1 March in subdivisions 25-32.

—

be accompanied by technical instructions intended for the installer,

—

be accompanied by instructions for use and servicing, intended for the user,

—

bear appropriate warning notices, which must also appear on the packaging.

1.2.1.

The technical instructions intended for the installer must contain all the instructions for installation, adjustment and servicing required to ensure that those operations are correctly performed and that the appliance may be used safely. In particular, the instructions must specify:

1.2.2.

The instructions for use and servicing intended for the user must contain all the information required for safe use, and must in particular draw the user's attention to any restrictions on use.

1.2.3.

The warning notices on the appliance and its packaging must clearly state the type of gas used, the gas supply pressure and any restrictions on use, in particular the restriction whereby the appliance must be installed only in areas where there is sufficient ventilation.

2.1.

Materials must be appropriate for their intended purpose and must withstand the technical, chemical and thermal conditions to which they will foreseeably be subjected.

2.2.

The properties of materials that are important for safety must be guaranteed by the manufacturer or the supplier of the appliance.

3.1.1.

Appliances must be so constructed that, when used normally, no instability, distortion, breakage or wear likely to impair their safety can occur.

3.1.2.

Condensation produced at the start-up and/or during use must not affect the safety of appliances.

3.1.3.

Appliances must be so designed and constructed as to minimise the risk of explosion in the event of a fire of external origin.

3.1.4.

Appliances must be so constructed that water and inappropriate air penetration into the gas circuit does not occur.

3.1.5.

In the event of a normal fluctuation of auxiliary energy, appliances must continue to operate safely.

3.1.6.

Abnormal fluctuation or failure of auxiliary energy or its restoration must not lead to an unsafe situation.

3.1.7.

Appliances must be so designed and constructed as to obviate hazards of electrical origin. In the area in which it applies, compliance with the safety objectives in respect of electrical hazards laid down in Directive 2006/95/EC of the European Parliament and of the Council (1) shall be equivalent to fulfilment of this requirement.

3.1.8.

All pressurised parts of an appliance must withstand the mechanical and thermal stresses to which they are subjected without any deformation affecting safety.

3.1.9.

Appliances must be so designed and constructed that failure of a safety, controlling or regulating device may not lead to an unsafe situation.

3.1.10.

If an appliance is equipped with safety and controlling devices, the functioning of the safety devices must not be overruled by that of the controlling devices.

3.1.11.

All parts of appliances which are set or adjusted at the stage of manufacture and which should not be manipulated by the user or the installer must be appropriately protected.

3.1.12.

Levers and other controlling and setting devices must be clearly marked and give appropriate instructions so as to prevent any error in handling. Their design must be such as to preclude accidental manipulation.

3.2.1.

Appliances must be so constructed that the gas leakage rate is not dangerous.

3.2.2.

Appliances must be so constructed that gas release during ignition and re-ignition and after flame extinction is limited in order to avoid a dangerous accumulation of unburned gas in the appliance.

3.2.3.

Appliances intended to be used in indoor spaces and rooms must be fitted with a special device which avoids a dangerous accumulation of unburned gas in such spaces or rooms.

Appliances which are not fitted with such devices must be used only in areas where there is sufficient ventilation to avoid a dangerous accumulation of unburned gas.

Member States may define on their territory adequate space ventilation conditions for the installation of such appliances, bearing in mind the features peculiar to them.

Large-scale kitchen appliances and appliances powered by gas containing toxic components must be equipped with the aforesaid device.

—

ignition and re-ignition is smooth,

—

cross-lighting is assured.

3.4.1.

Appliances must be so constructed that, when used normally, flame stability is assured and combustion products do not contain unacceptable concentrations of substances harmful to health.

3.4.2.

Appliances must be so constructed that, when used normally, there will be no accidental release of combustion products.

3.4.3.

Appliances connected to a flue for the dispersal of combustion products must be so constructed that in abnormal draught conditions there is no release of combustion products in a dangerous quantity into the room concerned.

3.4.4.

Independent flueless domestic heating appliances and flueless instantaneous water heaters must not cause, in the room or space concerned, a carbon monoxide concentration likely to present a danger to the health of persons exposed, bearing in mind the foreseeable duration of their exposure.

3.6.1.

Parts of appliances which are intended to be placed in close proximity to the floor or other surfaces must not reach temperatures which present a danger in the surrounding area.

3.6.2.

The surface temperature of knobs and levers of appliances intended to be manipulated must not present a danger to the user.

3.6.3.

The surface temperatures of external parts of appliances intended for domestic use, with the exception of surfaces or parts which are associated with the transmission of heat, must not under operating conditions present a danger to the user and in particular to children, for whom an appropriate reaction time must be taken into account.

1.2.1.

The application must include:

1.2.2.

The manufacturer must place at the disposal of the notified body an appliance, representative of the production envisaged, hereinafter called ‘type’. The notified body may request further samples of the type if needed for the test programme.

The type may additionally cover variants of the product provided that those variants do not have different characteristics with respect to types of risk.

1.3.1.

examine the design documentation and verify that the type has been manufactured in conformity with the design documentation and identify the elements which have been designed in accordance with the applicable provisions of the standards referred to in Article 5 and the essential requirements of this Directive;

1.3.2.

perform, or have performed, the appropriate examinations and/or tests to check whether the solutions adopted by the manufacturer meet the essential requirements where the standards referred to in Article 5 have not been applied;

1.3.3.

perform, or have performed, the appropriate examinations and/or tests to check whether the applicable standards have effectively been applied where the manufacturer has chosen to do so, thereby assuring conformity with the essential requirements.

2.1.

The EC declaration of conformity to type is that part of the procedure whereby the manufacturer declares that the appliances concerned are in conformity with the type as described in the EC type-examination certificate and satisfy the essential requirements of this Directive which apply to them. The manufacturer or his authorised representative established within the Community shall affix the CE marking on each appliance and draw up a written declaration of conformity. The declaration of conformity may cover one or more appliances and must be kept by the manufacturer. The CE marking must be followed by the identification number of the notified body responsible for the random checks set out in point 2.3.

2.2.

The manufacturer must take all necessary measures to ensure that the manufacturing process, including final product inspection and testing, results in homogeneity of production and conformity of the appliances with the type as described in the EC type-examination certificate and with the requirements of this Directive which apply to them. A notified body, chosen by the manufacturer, must carry out random checks on the appliances as set out in point 2.3.

2.3.

On-site checks of appliances must be undertaken at random by the notified body at intervals of one year or less. An adequate number of appliances must be examined and appropriate tests as set out in the applicable standards referred to in Article 5 or equivalent tests must be carried out in order to ensure conformity with the corresponding essential requirements of this Directive. The notified body shall in each case determine whether these tests need to be carried out in full or in part. Where one or more appliances are rejected, the notified body shall take the appropriate measures to prevent the marketing thereof.

3.1.

The EC declaration of conformity to type (guarantee of production quality) is the procedure whereby a manufacturer who fulfils the obligations in point 3.2 declares that the appliances concerned are in conformity with the type as described in the EC type-examination certificate and satisfy the essential requirements of this Directive which applies to them. The manufacturer or his authorised representative established within the Community must affix the CE marking to each appliance and draw up a written declaration of conformity. This declaration may cover one or more appliances and must be kept by the manufacturer. The CE marking must be followed by the identification number of the notified body responsible for EC surveillance.

3.2.

The manufacturer shall apply a quality system that ensures conformity of the appliances with the type as described in the EC type-examination certificate and with the essential requirements of this Directive which apply to them. The manufacturer is subject to EC surveillance as specified in point 3.4.

3.3.1.

The manufacturer must lodge an application for approval of his quality system with a notified body of his choice for the appliances in question.

The application must include:

3.3.2.

All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and logical manner in the form of measures, procedures and written instructions. This quality system documentation must permit a uniform interpretation of the quality programmes, plans, manuals and records. It shall contain, in particular, an adequate description of:

3.3.3.

The notified body shall examine and evaluate the quality system to determine whether it satisfies the requirements referred to in point 3.3.2. It will presume conformity with these requirements in respect of quality systems that implement the corresponding harmonised standard.

It must notify its decision to the manufacturer and inform the other notified bodies thereof. The notification to the manufacturer must contain the conclusions of the examination, the name and address of the notified body and the reasoned assessment decision in respect of the appliances concerned.

3.3.4.

The manufacturer must keep the notified body that has approved the quality system informed of any updating of the quality system in relation to changes brought about by, for example, new technologies and quality concepts.

The notified body must examine the proposed modifications and decide whether the modified quality system complies with the relevant provisions or whether reappraisal is necessary. It must notify the manufacturer of its decision. The notification must include the conclusions of the inspection and the reasoned assessment decision.

3.3.5.

A notified body that withdraws approval of a quality system must so inform the other notified bodies, giving the reasons for the decision.

3.4.1.

The purpose of EC surveillance is to ensure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

3.4.2.

The manufacturer must allow the notified body access for inspection purposes to the place of manufacture, inspection, testing and storage and must provide it with all necessary information, in particular:

3.4.3.

The notified body must carry out a check at least once every two years to ensure that the manufacturer is maintaining and applying the approved quality system and must supply a report of the check to the manufacturer.

3.4.4.

Furthermore, the notified body may make unannounced visits to the manufacturer. During these visits, the notified body may carry out tests on appliances or have them carried out. It must supply the manufacturer with an inspection report and, if appropriate, a test report.

3.4.5.

The manufacturer may supply the notified body's report on request.

4.3.1.

Under this procedure, the manufacturer must lodge an application for approval of his quality system with a notified body of his choice for the appliances in question.

The application must include:

4.3.2.

As part of the quality system, each appliance must be examined and appropriate tests as laid down in the applicable standard(s) referred to in Article 5 or equivalent tests carried out to check its conformity with the essential requirements relating to it in this Directive.

All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and logical manner in the form of measures, procedures and written instructions. This quality system documentation must permit a uniform interpretation of the quality programmes, plans, manuals and records.

The quality system documentation shall contain, in particular, an adequate description of:

4.3.3.

The notified body shall examine and evaluate the quality system to determine whether it satisfies the requirements referred to in point 4.3.2. It will presume conformity with these requirements in respect of quality systems that implement the corresponding harmonised standard. It must notify the manufacturer of its decision and inform the other notified bodies thereof. The notification to the manufacturer must contain the conclusions of the examination, the name and address of the notified body and the reasoned assessment decision for the appliances concerned.

4.3.4.

The manufacturer must keep the notified body which approved the quality system informed of any adaptation of the quality system made necessary, e.g. by new technology and quality concepts.

The notified body must examine the proposed changes and decide whether the amended quality system satisfies the relevant provisions or whether a reassessment is necessary. It must notify the manufacturer of its decision. The notification must contain the conclusions of the inspection and the reasoned assessment decision.

4.3.5.

A notified body which withdraws approval of a quality system must inform the other notified bodies that it has done so and give reasons for its decision.

4.4.1.

The purpose of EC surveillance is to ensure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.4.2.

The manufacturer must allow the notified body access for inspection to the place of inspection, testing and storage and must provide it with all necessary information, in particular:

4.4.3.

The notified body must carry out a check at least once every two years to ensure that the manufacturer is maintaining and applying the approved quality system and must supply a report on the check to the manufacturer.

4.4.4.

Furthermore, the notified body may make unannounced visits to the manufacturer. During these visits, the body may carry out tests on appliances or have them carried out. It must supply the manufacturer with an inspection report and, if appropriate, a test report.

4.4.5.

The manufacturer may supply the notified body's report on request.

5.4.1.

All appliances must be individually examined and appropriate tests, as set out in the relevant standard(s) referred to in Article 5, or equivalent tests, must be carried out in order to verify their conformity with the type as described in the EC type-examination certificate and the requirements of this Directive that apply to them.

5.4.2.

The notified body must affix, or cause to be affixed, its identification number on each appliance and draw up a written certificate of conformity relating to the tests carried out. The certificate of conformity may cover one or more appliances.

5.4.3.

The manufacturer or his authorised representative must ensure that he is able to supply the notified body's certificates of conformity on request.

5.5.1.

Manufacturers must present the appliances manufactured in the form of uniform batches and must take all necessary measures in order that the manufacturing process ensures the uniformity of each batch produced.

5.5.2.

Statistical control is as follows:

Appliances are subject to statistical control by attributes. They should be grouped into identifiable batches consisting of units of a single model manufactured under the same conditions. A batch is examined at random intervals. The appliances constituting a sample are examined individually and appropriate tests, as laid down in the respective standard(s) referred to in Article 5, or equivalent tests are carried out to determine whether the batch is to be accepted or rejected.

A sampling system with the following characteristics is applied:

5.5.3.

Where batches are accepted, the notified body must affix, or cause to be affixed, its identification number to each appliance and draw up a written certificate of conformity relating to the tests carried out. All appliances in the batch may be placed on the market except for those products from the sample which were found not to be in conformity.

Where a batch is rejected, the notified body must take appropriate measures to prevent the placing on the market of that batch. In the event of frequent rejection of batches the notified body may suspend the statistical verification.

The manufacturer may, under the responsibility of the notified body, affix the latter's identification number during the manufacturing process.

5.5.4.

The manufacturer or his authorised representative must ensure that he is able to supply the notified body's certificates of conformity on request.

6.1.

EC unit verification is the procedure whereby the manufacturer or his authorised representative established within the Community ensures and declares that the appliance concerned, which has been issued with the certificate referred to in point 2, conforms to the requirements of this Directive that apply to it. The manufacturer or his authorised representative must affix the CE marking to the appliance and draw up a written declaration of conformity which he must keep.

6.2.

The notified body must examine the appliance and carry out the appropriate tests, taking account of the design documentation in order to ensure its conformity with the essential requirements of this Directive.

The notified body must affix, or cause to be affixed, its identification number to the approved appliance and must draw up a written certificate of conformity concerning the tests carried out.

6.3.

The aim of the technical documentation relating to the design of the instrument, as referred to in Annex IV, is to enable conformity to the requirements of this Directive to be assessed and the design, manufacture and operation of the appliance to be understood.

The design documentation referred to in Annex IV must be made available to the notified body.

6.4.

If deemed necessary by the notified body, the examinations and tests may be carried out after installation of the appliance.

6.5.

The manufacturer or his authorised representative must ensure that he is able to supply the notified body's certificates of conformity on request.

1.

The CE marking consists of the initials ‘CE’ as shown below:

The CE marking must be followed by the identification number of the notified body involved in the production control phase.

2.

The appliance or its data plate must bear the CE marking together with the following inscriptions:

Information needed for installation purposes may be added according to the nature of the appliance.

3.

If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.

The various components of the CE marking must have substantially the same vertical dimension, which may not be less than 5 mm.

—

a general description of the appliance,

—

conceptual designs and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

—

descriptions and explanations necessary for the understanding of the above, including the operation of the appliances,

—

a list of the standards referred to in Article 5, applied in full or in part, and descriptions of the solutions adopted to meet the essential requirements where the standards referred to in Article 5 have not been applied,

—

test reports,

—

manuals for installation and use.

—

attestations relating to the equipment incorporated in the appliance,

—

attestations and certificates relating to the methods of manufacture and/or inspection and/or monitoring of the appliance,

—

any other document making it possible for the notified body to improve its assessment.

—

availability of personnel and of the necessary means and equipment,

—

technical competence and professional integrity of personnel,

—

independence in carrying out tests, preparing reports, issuing certificates and performing the surveillance provided for in this Directive, of management and technical staff in relation to all circles, groups or persons directly or indirectly involved in the field of the appliances,

—

maintenance of professional secrecy by staff,

—

possession of civil liability insurance unless that liability is covered by the State under national law.

1.

Current knowledge indicates that exposure to free asbestos fibres can give rise to the following diseases:

2.

The doctor and/or authority responsible for the medical surveillance of workers exposed to asbestos must be familiar with the exposure conditions or circumstances of each worker.

3.

Health examination of workers should be carried out in accordance with the principles and practices of occupational medicine. It should include at least the following measures:

The doctor and/or authority responsible for health surveillance should decide on further examinations, such as sputum cytology tests or a chest X-ray or a tomodensitometry, in the light of the latest occupational health knowledge available.

2.1.

The IPEEC may conduct cooperative activities among the Members in the following areas:

2.1.1.

supporting the on-going work of the Members to promote energy efficiency, including development of nationally-determined energy efficiency indicators, compiling best practices, and strengthening national efforts to collect data;

2.1.2.

exchanging information about measures that could significantly improve energy efficiency on sectoral and cross-sectoral bases such as, but not limited to: standards/codes/norms and labels for buildings, energy-using products and services with a view to accelerating the market penetration of best practices taking into account the circumstances of individual Members; methodologies for energy measurement, auditing and verification procedures, certification protocols and other tools to achieve optimal energy efficiency performance over the lifetime of buildings, industrial processes, relevant products, appliances and equipment; enabling environment and tools for the financing of energy efficiency measures, and establishing principles for encouraging investments in energy efficiency; public procurement policies for encouraging uptake of energy efficient products, services and technologies; programs that help public institutions to become more efficient in building, vehicle, product and service purchasing and operations; activities to increase the awareness of consumers and stakeholders through dissemination of clear, credible and accessible information on energy efficiency with a view to enabling well-informed decisions; best practice guidelines for evaluating the effectiveness of energy efficiency policies and measures; public-private cooperation to advance energy efficient technology research development, commercialization and deployment to accelerate deployment, diffusion and transfer of such technologies; and actions to accelerate dissemination and transfer of best practices and efficient technologies and capacity building in developing countries;

2.1.3.

developing public-private partnerships for improving energy efficiency in and across key energy consuming sectors, building on relevant initiatives;

2.1.4.

enabling joint research and development into key energy efficient technologies, especially for application by the Members;

2.1.5.

facilitating the dissemination of energy-related products and services that contribute to improving energy efficiency; and

2.1.6.

other activities which advance achievement of the IPEEC’s purpose as mutually determined by the Members.

3.1.

The Members hereby establish a Policy Committee, composed of a high level representative of each Member, and an Executive Committee, composed of a mid-level representative of each Member.

3.2.

The Policy Committee is to govern the overall framework and policies of the IPEEC including financial arrangements, review the progress of the Task Groups as well as the work of the Executive Committee and the Secretariat, and provide direction to the Executive Committee. The Policy Committee should meet at least once a year, at times and places to be determined by its Members.

3.3.

The Executive Committee is to oversee the organization of the annual meetings of the Policy Committee, examine and adopt the programme of work and the budget for each year, examine the membership requests, provide guidance to and oversee the work of the Secretariat, and develop proposals for and review the work of the Task Groups. The Executive Committee should meet at least twice a year, at times and places to be determined by the Executive Committee.

3.4.

The Policy Committee and the Executive Committee should make decisions on the basis of consensus, except as otherwise provided.

3.5.

The Executive Committee may approve the creation of Task Groups, composed of representatives of some or all Members, to work on individual projects, as needed.

3.6.

A representative from each Task Group, as selected by the group, should report, in writing or in person, on the progress of the project to the Executive Committee upon request. The Task Groups should meet as often as necessary to review the progress of their respective activities, identify promising directions for their future work, and make recommendations to the Executive Committee and Policy Committee on needed actions.

3.7.

The Policy Committee and the Executive Committee should each elect among the Members a Chair and one or more Vice Chairs for a period of two years.

3.8.

The IPEEC may hold Ministerial meetings when required. Ministerial meetings will review the progress of IPEEC collaboration and provide overall direction on priorities for future work.

3.9.

The principal coordinator of the IPEEC’s communications and activities is the IPEEC Secretariat. The functions of the Secretariat are: (1) organize the meetings of the Policy Committee and the Executive Committee; (2) arrange special activities such as teleconferences and workshops; (3) receive and forward new membership requests to the Executive Committee; (4) coordinate communications with regard to IPEEC activities and their status, including the establishment and maintenance of an IPEEC website; (5) act as a clearinghouse of information for the IPEEC; (6) maintain archival records for the Policy Committee and the Executive Committee; (7) prepare an annual report with oversight from the Executive Committee; and (8) perform such other tasks as the Executive Committee directs. The functions of the Secretariat are administrative.

3.10.

In order to ensure the sustainability and consistency of the IPEEC activities, a dedicated secretariat will be established. The IPEEC Secretariat will be hosted at the International Energy Agency (IEA), so that the IPEEC can make full use of the knowledge, experiences and capacity of the IEA. The Secretariat will be open for participation to all the Members of the IPEEC. It will report to, and receive its guidance from, the Executive Committee. The Secretariat will be supported by the voluntary contributions (financial or in-kind) of all Members.

3,11.

Additional to staff employed by the Secretariat, the Secretariat may, as decided by the Executive Committee, use the services of personnel employed by the Members and made available by them to the Secretariat. Such personnel are to be remunerated by their respective employers and remain subject to their employers’ conditions of employment.

3.12.

Each Member should individually determine the nature of its participation in the IPEEC activities.

4.1.

These Terms of Reference, which are administrative in nature, do not create any legally binding obligations between or among its Members. Each Member should conduct the activities contemplated by these Terms of Reference in accordance with the laws and regulations to which it is subject and international agreements to which it or its government is a party, and within the respective budgetary appropriations.

4.2.

The IPEEC is open to other national governmental entities and intergovernmental organizations. Their membership will be determined by the Policy Committee acting by consensus. Membership in the IPEEC is contingent upon the signature of the IPEEC Terms of Reference. Countries of the Members are listed in Appendix A. Appendix A may be modified by consensus of the Policy Committee.

4.3.

At the invitation of the Executive Committee, technical and other experts from within and outside of Members may participate in Task Groups.

5.1.

Subject to 3.11, each Member may contribute funds and other resources to the IPEEC subject to the laws, regulations and policies applicable to the Member. Each Task Group is funded by the Members participating in that Task Group in accordance with the laws, regulations and policies applicable to each Member thereof.

5.2.

Each Member is to bear the following expenses incurred in connection with the meetings of the Policy Committee, the Executive Committee and its Task Groups:

5.3.

Prior to adoption of the programme of work and the budget for each year, each Member is encouraged to indicate its contribution to the IPEEC.

5.4.

These Terms of Reference do not create any right or benefit, substantive or procedural, enforceable by law or equity against the Members, their officers or employees, or any other person. No Member should submit a claim for compensation to another Member for activities it carries out under these Terms of Reference. These Terms of Reference do not direct or apply to any person outside of the Members.

6.1.

The intellectual property created by the IPEEC, other than by the Task Groups, should be open and non-proprietary unless the Executive Committee determines otherwise.

6.2.

Intellectual property created or furnished in the course of implementing projects under the Task Groups should receive adequate and effective protection. The allocation of rights to such intellectual property and the treatment of proprietary information should be defined by specific implementing arrangements between or among the Members concerned.

7.1.

These Terms of Reference will commence on 24 May 2009 and will continue for 10 years unless extended or discontinued by the Members.

7.2.

These Terms of Reference may be modified in writing at any time by consensus of the Members.

7.3.

A Member may withdraw from the IPEEC. A Member should endeavour to give written notice to the other Members no less than 90 days prior to its anticipated withdrawal.

1.

The IPEEC Secretariat will function under the substantive guidance of the Executive Committee (as the term is defined in the Terms of Reference). The IPEEC Secretariat’s work programme will be decided by the Executive Committee.

2.

The IPEEC Members understand that the IEA will assume no financial responsibility with respect to IPEEC and the IPEEC Secretariat. Except as otherwise decided by the IPEEC Members, all costs related to the functioning and to the staff of the IPEEC Secretariat, including costs linked to the discontinuance of appointments, will be borne by the voluntary contributions of the IPEEC Members and/or other entities approved by the Executive Committee.

3.

Subject to availability of sufficient voluntary contributions, the IPEEC Secretariat is intended to undertake the functions outlined for the IPEEC Secretariat in the Terms of Reference.

4.

The IPEEC Secretariat, or a unit within it, may also provide similar functions for a given Task Group (as that term is defined in the Terms of Reference), subject to sufficient dedicated voluntary contributions from the IPEEC Members participating in that Task Group.

5.

Upon the request of, and in consultation with, the Executive Committee, the IEA is expected to conduct the recruitment of personnel for the IPEEC Secretariat in accordance with the then-existing IEA rules and procedures, and in a manner that treats candidates from the countries of the IPEEC Members equally.

6.

Upon the request of the Executive Committee, in accordance with the laws of the IEA’s host country and then-existing IEA rules and procedures, the IPEEC Secretariat may accept individuals on loan from the IPEEC Members. Each IPEEC Member that loans an individual to the IPEEC Secretariat is to remain responsible for that individual’s salary and benefits, including but not necessarily limited to travel and relocation to and from the IEA for the individual to begin and end duty at the IPEEC Secretariat. The IEA and the other IPEEC Members do not bear any financial responsibility for any such costs.

7.

All IPEEC staff and individuals on loan from the IPEEC Members will only work within the IPEEC Secretariat. They will not do any work for the IEA.

8.

Subject to the terms of this Memorandum, the IEA should ensure that the IPEEC Secretarial is provided with office space equipped to IEA standards. IPEEC Secretariat personnel should have access to support services that the IEA provides to IEA personnel, including but not necessarily limited to legal, personnel and finance, publications and media, information technology, security, cleaning and maintenance, mission travel services and use of meeting space.

9.

The IPEEC Secretariat and its hosting by the IEA is intended to be fully funded through voluntary contributions by the IPEEC Members and/or other entities as approved by the Executive Committee. Staffing levels and the budget of the IPEEC Secretariat are to be adopted by the Executive Committee in consultation with the IEA Secretariat.

10.

The IPEEC Members intend to determine amongst themselves the amount and timing of their respective financial contributions, if any. They note that contributions for the support of the IPEEC Secretariat’s hosting by the IEA must be made to the IEA in accordance with the IEA’s financial rules and procedures regarding voluntary contributions. The IPEEC Members are encouraged to use a model letter provided by the IEA to facilitate the provision of voluntary contributions.

11.

To the extent that the IEA anticipates that IPEEC expenses may exceed the IPEEC Members’ contributions there to, the IEA should alert the Executive Committee that contributions appear insufficient for the IPEEC Secretariat to continue planned operations. The Executive Committee should provide guidance to the IEA so as to reduce IPEEC Secretariat expenditures and/or provide additional funds to the IEA so that the IPEEC Secretariat has sufficient funds to continue operations within the IEA. To the extent that the necessary guidance and/or sufficient additional funds are not forthcoming from the IPEEC Members, or the IEA considers such guidance to be insufficient, the IEA may decide to cease to host the IPEEC Secretariat.

12.

To the extent that voluntary contributions remain unexpended for the IPEEC Secretariat on 31 December of a given year, they are to be automatically carried forward to the next year in accordance with the IEA’s standard procedures, provided, however, that the IEA continues to host the IPEEC Secretariat the next year.

13.

Activities under this Memorandum should commence on [date]. Notwithstanding the foregoing, the IPEEC Members acknowledge that the IPEEC Secretariat is not expected to commence its functions until such time as voluntary contributions from the IPEEC Members have been secured to fund the IPEEC Secretariat up to December 31 2010, which the IEA has estimated to be 1,3 million Euro.

14.

The IEA Secretariat and the Executive Committee should meet as necessary to discuss matters involving the practical implementation and operation of this Memorandum.

15.

The Memorandum may be modified in writing by consensus between the IEA and the Executive Committee.

16.

To the extent that, after activities commence, any national governmental entity or inter-governmental organisation wishes to become an IPEEC Member, it will be asked to sign this Memorandum and be defined as an IPEEC Member for the purposes of this Memorandum. Any new IPEEC Member is to be eligible to have individuals serve in the IPEEC Secretariat, subject to paragraphs 5 to 8 above.

17.

This Memorandum may be ended by the IEA or the Executive Committee at any time. They should endeavour to provide no less than twelve months’ prior written notice to each other in this event.

18.

When an IPEEC Member withdraws from IPEEC in accordance with the Terms of Reference, the withdrawal notice provided thereunder by that IPEEC Member constitutes notice of withdrawal under this Memorandum. Notwithstanding the foregoing, the IPEEC Members should ensure that the IPEEC Secretariat informs the IEA in writing immediately upon notice of such withdrawal. An IPEEC Participant that withdraws from IPEEC is not to receive from the IEA any reimbursement for voluntary contributions that it has previously made.

19.

To the extent that the Executive Committee and the IEA have not decided to end the activities under this Memorandum prior to 30 June of any given year, the IEA will, if necessary, initiate a call for funds through the Executive Committee to all IPEEC Members so as to help ensure that the IPEEC Secretariat will have sufficient funds for the following calendar year. To the extent that the IEA does not receive sufficient funds by 30 September of that given year, the IEA may decide to cease to host the IPEEC Secretariat.

20.

If this Memorandum is modified or ended such that the IPEEC Secretariat is no longer hosted by the IEA, the costs of separation of the paid staff of the IPEEC Secretariat from the IEA, as well as all other direct costs linked to the orderly winding-up of this arrangement, are to be borne entirely by the IPEEC Members and/or other entities as approved by the Executive Committee, and they will provide to the budget of the IPEEC Secretariat voluntary contributions to the amount necessary for this purpose as mutually determined between the IEA and the Executive Committee; such contributions are to be made according to the laws and regulations of the respective IPEEC Members. To the extent that there is a surplus with respect to voluntary contributions at the time the IPEEC Secretariat is no longer hosted by the IEA, any unused monies are to be allocated to the IPEEC Members by the IEA in proportion to their respective contributions to the then-current budget. This paragraph is to survive the end of this Memorandum.

21.

This Memorandum does not impose, nor is it intended to impose, any legally binding commitments or obligations on the IPEEC Members or the IEA.

1)

The description in entry IA.A1.009 is replaced by the following:

‘ “Fibrous or filamentary materials” or prepregs, as follows:

Note: This item does not cover “fibrous or filamentary materials” defined in items 1C010.a, 1C010.b, 1C210.a and 1C210.b.’

2)

The description in entry IA.A1.010 is replaced by the following:

‘Resin-impregnated or pitch-impregnated fibres (prepregs), metal or carboncoated fibres (preforms) or “carbon fibre preforms”, as follows:

Note: This item does not cover “fibrous or filamentary materials” defined in item 1C010.e.’