TESTI ADOTTATI
(Għalissa dawn it-testi m'humiex disponibbli bil-Malti)
P6_TA(2005)0116
The financial implications of the accession of Romania and Bulgaria
European Parliament resolution on the financial implications of the accession of Romania and Bulgaria (2005/2031(INI))
The European Parliament,
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having regard to Article 272 of the EC Treaty, |
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having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (1) and in particular points 27 and 30 thereof, |
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having regard to the outcome of the negotiations with the Council Presidency and the Trialogues of 5 and 13 April 2005, |
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having regard to Rule 45 of its Rules of Procedure, |
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having regard to the report of the Committee on Budgets (A6-0090/2005), |
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A. |
whereas the EC Treaty and in particular Article 272 thereof, and the Interinstitutional Agreement of 6 May 1999 and in particular points 27 and 30 thereof, contain provisions which confirm the powers and the procedures of the budgetary authority on the classification of expenditure and corresponding authority, |
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1. |
Approves the Joint Declaration annexed to this resolution; |
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2. |
Instructs its President to forward this resolution together with the Joint Declaration to the Council and the Commission. |
(1) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC (OJ L 147, 14.6.2003, p. 25).
ANNEX I
JOINT DECLARATION BY THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION
Financial implications of the accession of Bulgaria and Romania
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1. |
Without prejudice to the draft treaty establishing a Constitution for Europe
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2. |
The Commission confirms that its proposal for a financial framework (2007-2013) is based on the assumption that Bulgaria and Romania will be Member States on 1 January 2007. The European Parliament and the Council take note of the indicative amounts for Bulgaria and Romania, provided by the Commission in March 2004 and considered by the Council in its conclusions of 22 March 2004 on “the financial package for the accession negotiations for Bulgaria and Romania”. The financing of the accession of Bulgaria and Romania will be ensured without jeopardising the commitments for existing multiannual programmes or the decisions on the next financial perspective. |
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3. |
The European Parliament, the Council and the Commission recall the importance of the Interinstitutional Agreement of 6 May 1999 in the functioning of budgetary procedures and that this can only function if all the institutions comply fully. |
ANNEX II
FINANCIAL PACKAGE PROPOSED BY THE COMMISSION ON 22 MARCH 2004 FOR BULGARIA AND ROMANIA
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COMMITMENT APPROPRIATIONS |
2007 |
2008 |
2009 |
Total |
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Agriculture |
1 141 |
1 990 |
2 342 |
5 473 |
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Structural operations |
1 938 |
2 731 |
3 605 |
8 273 |
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Internal Policies |
444 |
434 |
426 |
1 304 |
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Administration |
96 |
125 |
125 |
346 |
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Total commitment appropriations |
3 619 |
5 279 |
3 498 |
15 396 |
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Payment appropriations |
1 648 |
3 276 |
4 131 |
9 056 |
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Source: Conclusions General Affairs Council of 22.03.2004. |
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P6_TA(2005)0117
Bulgaria's application to become a member of the Union
European Parliament resolution on the application by the Republic of Bulgaria to become a member of the European Union (2005/2029(INI))
The European Parliament,
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having regard to the application for accession to the European Union submitted by the Republic of Bulgaria on 14 December 1995, |
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having regard to the Commission's opinion of 1997 on the Republic of Bulgaria's application to become a member of the European Union, |
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having regard to the Commission's Regular Reports on the Republic of Bulgaria's progress towards accession covering the years from 1998 to 2004 and its Strategy Paper on progress in the enlargement process (COM(2004)0657 — C6-0150/2004), |
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having regard to the Presidency Conclusions of the Brussels European Council of 16-17 December 2004, |
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having regard to all its resolutions and reports since the beginning of the accession negotiations to date, |
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having regard to the Commission Opinion of 22 February 2005 on the applications for accession to the European Union of the Republic of Bulgaria and Romania (COM(2005)0055), |
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having regard to the draft treaty on accession of the Republic of Bulgaria and Romania to the European Union, |
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having regard to the exchange of letters between the President of the European Parliament and the President of the Commission on the full association of the European Parliament with any consideration of activation of one of the safeguard clauses in the Treaty of Accession, |
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having regard to Rule 45 of its Rules of Procedure, |
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having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Agricultural and Rural Development (A6-0078/2005), |
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A. |
whereas Bulgaria applied to join the European Union on 14 December 1995, was formally recognised as a candidate on 16 July 1997, opened negotiations on 15 February 2000 and successfully concluded its accession negotiations on 14 December 2004, |
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B. |
whereas our common objective is that Bulgaria should satisfactorily complete its preparations with a view to signature of the Accession Treaty on 25 April 2005 and accession on 1 January 2007, |
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C. |
whereas Bulgaria continues to fulfil the political criteria and is expected to be able to comply with all the requirements for membership within the envisaged timeframe, |
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D. |
whereas the European Parliament has consistently advocated that the accession of Bulgaria should depend exclusively on its own merits and should not be linked to the candidacy of any other country, |
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1. |
Welcomes the decision of the European Council of 17 December 2004 successfully to conclude negotiations with Bulgaria, after many years of negotiation and preparation for accession, thereby ensuring that Bulgaria is well on course to become a member of the EU on 1 January 2007; |
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2. |
Shares the Council's conclusion that Bulgaria will be able to assume all the obligations of membership, and to that end encourages Bulgaria to continue to make progress in a successful and timely way with all necessary reforms in response to shortcomings identified by the Commission in its latest Regular Report and referred to in Parliament's recent Resolutions, thereby removing any possibility that “safeguard clauses” might be invoked; |
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3. |
Notes that the excellent progress so far has been possible thanks to the steady political resolve of successive Bulgarian governments, and the confidence and resilience of the Bulgarian people in pursuing and accepting the necessary changes; |
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4. |
Welcomes the many legislative and constitutional changes that Bulgaria has undertaken over recent years and emphasises the need for practical implementation of reforms so that their benefits are more widely felt; |
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5. |
Recognises Bulgaria's contribution to the stability of the wider south-east European region and the continuing role that she can play in helping to promote regional security and prosperity; |
Political criteria
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6. |
Notes the stability of democratic institutions in Bulgaria, the fresh commitment of political parties to effective political coalitions, and the adoption on 18 February 2005 by consensus of the amendments to the Constitution, as well as the adoption of the new Political Parties Act in December 2004; |
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7. |
Expects the Commission to report to Parliament at regular intervals on the progress made in implementing Bulgaria's commitments, and expects Parliament's opinion to be taken into account in the event that the safeguard clause is considered to be invoked; |
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8. |
Recognises that reform of the judiciary will be a key factor in Bulgaria's readiness for accession and in establishing real confidence in national institutions and processes, with significant knock-on effects in other areas as well as on Bulgaria's relations with other countries; therefore applauds the critical steps Bulgaria has taken, such as recently adopted legislative, administrative and organisational measures, especially the Law on Mediation, the National Concept for Reform of Criminal Proceedings and the Joint Declaration on Cooperation in Reforming Criminal Justice; |
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9. |
Calls for concerns about the pre-trial phase of the judicial process and the role of the Public Prosecutor to be further addressed to ensure the transparent, accountable and efficient running of the investigation service and the public prosecutions office, and establishment of a reliable mechanism for the dismissal of corrupt or incompetent judges, prosecutors and investigators; regrets in this regard that the planned reform of the penal judicature, which provides for the development of entirely new codes of penal procedure, is not scheduled for adoption by the current parliament due to the failure to secure a sufficient majority; therefore urges the Bulgarian parliament to continue its promising efforts in this area; |
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10. |
Calls for continued tangible improvement to be made in reforming the police so as to enable them to deal effectively with organised crime, people trafficking and corruption, while recognising progress already made by the Interior Ministry in combating high level crime, as acknowledged by Europol, and welcomes in particular the adoption of the Law on Forfeiture of Criminal Assets in February 2005; urges the Bulgarian authorities to enforce even more robust measures against money laundering and related abuse of financial institutions; |
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11. |
Congratulates Bulgaria on hosting the launch of the “Decade of Roma Inclusion” on 2 February 2005 and recognises the Bulgarian commitment to the integration of Roma through adoption of comprehensive anti-discrimination legislation; notes with satisfaction the development of a national programme aimed at improving housing conditions in urban areas overwhelmingly inhabited by Roma and other ethnic minorities, but urges more effective implementation of practical and substantive measures, in particular in regard to tackling educational disadvantages and the high rates of unemployment within the Roma community; notes the need for infrastructure interventions to upgrade and improve living conditions as part of an adequately resourced regeneration strategy, and for attention to be paid to the provision of health care and public and social services without discrimination; stresses that the successful integration of the Roma community is dependent on ensuring that Roma are given the chance to be actively involved in the design and implementation of strategies and programmes that aim to achieve these goals; |
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12. |
Welcomes the adoption in June 2004 of a strategy on the education of school children from minority communities but notes that segregated education remains reality for many Roma children, denying them access to quality education; calls upon the Bulgarian authorities to ensure that policy commitments to end educational disadvantage and segregation are implemented and backed up with financial support in order to support the linguistic and cultural identity of national minorities; |
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13. |
Calls on the Commission significantly to improve its programmes relating to Roma, noting that, according to the December 2004 EMS “Review of EU PHARE Assistance to Roma Minorities”, management of programmes has been bedevilled by staff shortages and changes and poor administrative and absorption capacity, unemployment issues have been largely unaddressed and insufficient resources have been allocated to health projects and the provision of health information; |
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14. |
Welcomes the adoption of the National Strategy and Action Plan for protection of the rights of street children and now demands its full implementation, supported by adequate financial and human resources to bring about practical and visible improvements in child welfare and the living conditions of this most vulnerable section of society; |
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Notes with regard to the situation of children in institutions that there needs to be considerably more progress in Bulgaria's de-institutionalisation plan; therefore urges Bulgaria to intensify its efforts in this area, and reiterates its call for a single, well funded and resourced government agency to ensure that the child welfare reforms are effectively implemented; calls for greater Commission assistance to be targeted in this area; |
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Calls on Bulgaria to pay special attention to the situation of persons placed by public authorities in homes for adults with mental disorders; stresses, in this regard, the urgent need to provide appropriate care for residents, especially as regards material and human resources; |
Economic criteria
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Commends Bulgaria's economic performance (one of the highest GDP growth rates among EU candidates and Member States) which is the result of substantial structural reforms; this must be further consolidated to enable Bulgaria to cope with competitive pressure and market forces within the Union in the long term; |
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Welcomes the Commission's verdict that Bulgaria has a sound financial structure and a healthy budget that could set an example to some Member States, and calls for improvements in internal audit and financial control systems; |
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Continues to insist that real economic progress will be measured by tangible benefits for Bulgarian citizens in terms of improvements in their standard of living; in this context, congratulates Bulgaria on the reduction in unemployment levels, expresses its satisfaction that this figure is predicted to fall further in 2005, and calls on Bulgaria to introduce greater flexibility into its labour market in order to accelerate growth in employment; |
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Welcomes the sustained contribution to the Bulgarian economy made by the strong expansion in industrial production since mid-2002; |
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Welcomes recent new laws on investment and business activity that have streamlined procedures for market entry and exit, while cautioning against excessive and overly complex regulations which are a barrier to growth; |
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Welcomes the enlargement of the private sector and the considerable progress made in the liberalisation of key industries, especially banking, telecommunications and air transport, with the proportion of employees in the private sector increasing from 46 % in 1999 to 64 % in 2004; in this context, therefore, expresses disappointment at the failure of the sale of Bulgartabac subsidiaries; welcomes the Government's plan to re-run the auction for Bulgartabac subsidiaries before its mandate ends; urges the Bulgarian Government to maintain the momentum of privatisation and to take steps to guarantee that procedures are transparent and fair; |
“Acquis communautaire”
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Encourages Bulgaria to continue to improve administrative capacity in areas such as public procurement, competition, justice and home affairs, in order to ensure effective implementation of the “acquis” and to deliver a fair and transparent public service to citizens and economic operators; |
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24. |
Emphasises that the capacity to ensure control over the future external border of the EU and to prevent human trafficking and smuggling remains an issue of the utmost importance for the citizens of European countries; |
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Insists that Bulgaria adopt the remaining pieces of legislation, particularly in the areas of the single market, company law, the environment and consumer protection; is concerned about the practices of illegal logging taking place on an extensive scale in Bulgaria; deplores the fact that almost half of the total amount of logged timber coming from Bulgaria stems from illegal harvesting operations and that the annual allowable cut is exceeded by 1,5 million cubic metres; therefore, emphasises the need to halt the illegal logging of timber taking place in Bulgaria; |
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Welcomes the progress made by Bulgaria in bringing the country's agricultural policy into line with current Community law; stresses, however, the importance of completing the preparation required for implementation of the Community “acquis”, which calls not only for the creation of the necessary control and paying agencies but also for the staffing of those agencies with appropriately trained personnel; |
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27. |
Is concerned that rules on animal welfare, particularly concerning animal transport and slaughterhouses, still do not meet EU standards; |
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Underlines the importance of sufficient numbers and adequate equipment of border control posts for veterinary or phytosanitary checks; |
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Emphasises that the implementation of the new Community legislation on food hygiene is designed solely to protect consumers and to ensure the quality of food, and should not bring about a deliberate structural concentration in the food processing industry; encourages the Bulgarian government to make use of the Sapard funds to diversify production and support decentralised, high quality food production; |
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30. |
Notes the adoption of a long-envisaged Strategy for Development of Radio and Television in March 2005 and calls for further efforts to guarantee a fully independent media free from political influence and to take action to reduce the increasing number of libel cases brought against journalists; |
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31. |
Is concerned about the difficulties in enforcement of intellectual property rights, in particular as regards media piracy and infringement of copyright, which continues to affect the commercial interest and investment of both Bulgarian and foreign copyright industries; encourages the Bulgarian Government to develop and properly implement an effective regulatory regime to prevent these illegal practices; |
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32. |
Welcomes the recent legal provisions ending the discriminatory tariff system in the tourism sector; encourages Bulgarian authorities to eliminate remaining forms of discrimination and restrictions against EU citizens and economic operators, in particular regarding the right of establishment; |
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33. |
Congratulates Bulgaria on the steps taken to ensure a high level of nuclear safety at the Kozloduy Nuclear Power Plant; notes that the Council's Atomic Questions Group has delivered a most favourable report on that high level of nuclear safety and notes the significant contribution by Bulgaria to energy supply in the wider region; recognises that, in the course of accession negotiations with the EU, Bulgaria made considerable compromises with a significant impact on the future energy situation both nationally and in the region; expresses concern that a considerable decrease in the region's reserve generating capacities has now been forecast for 2010-2012; emphasises therefore the importance of new capacity construction for maintaining Bulgaria's favourable energy situation on a sustainable basis as well as guaranteeing the security of electricity supply in the region and achieving Kyoto Protocol targets; insists that the Commission must closely monitor developments and provide every assistance in this regard; and calls on the Council, as signatory to the Kozloduy plant closure agreement, to be cognisant of the consequent risk of blackouts in many countries in the region and, therefore, to be prepared to view the closure dates within that agreement more flexibly until new generation capacity can come on stream in Bulgaria, without in any way jeopardising safety requirements, which must take absolute priority; |
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Stresses the fact that, although SMEs in Bulgaria constitute the main vehicle for implementation of an industrial policy conducive to sustainable growth, innovation and creation of jobs, the coordination between the government and non-government bodies is lacking, an enterprise policy has yet to be formulated and administrative capacity is limited; |
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Welcomes the progress made in the field of communications, yet considers that two things need urgent action: first, the regulatory authority needs to be mandated to resolve commercial disputes and its independence needs to be enhanced and, second, the universal service needs to be further aligned to the “acquis communautaire” and must be effectively implemented; |
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36. |
Calls on the Commission significantly to improve the management, targeting and transparency of Community funding, noting that the Community programmes (PHARE, Sapard, ISPA and nuclear decommissioning) consisted of an allocation of EUR 495,7 million in 2004, EUR 399,5 million in 2005 and EUE 432,1 million in 2006, while it is expected that the post-accession financial package will provide some EUR 4,6 billion during the years 2007-2009; |
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37. |
Calls for the Bulgarian authorities to show transparency in relation to the EU financial assistance provided; |
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38. |
Urges, with a view to the implementation of the common fisheries policy in all areas, that the authorities and professionals in the sector should be helped to prepare for accession by means of the allocation of the requisite human and financial resources, and, in particular, through the implementation of the measures provided for under the Sapard programme; |
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39. |
Continues to express grave concern at the failure of the Libyan authorities to release the Bulgarian medical workers held in custody since 1999 as suspects in a criminal case and currently under sentence of death; calls on the Council and the Commission to remedy this situation; |
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40. |
Recalls that the accession of Bulgaria to the EU is not an end in itself but sees the process of economic, political and social reform as a good thing in its own right which should eventually lead to greater prosperity and quality of life for all Bulgarian citizens; |
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41. |
Calls on the Commission to set aside appropriate funding for information campaigns with a view to improving public understanding of the implications of the accession of Bulgaria (and Romania); |
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42. |
Gives its assent to the signature of the accession treaty in April 2005 and looks forward to welcoming the 18 Bulgarian Parliamentary Observers into its midst; |
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43. |
Insists that the views of the European Parliament should continue to be taken into account in monitoring the progress of reform in Bulgaria following signature of the accession treaty and before any consideration is given to invoking safeguard clauses and, to this end, therefore calls on the Commission to report in a timely and regular manner to Parliament on developments in Bulgaria; |
*
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44. |
Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States and the Republic of Bulgaria. |
P6_TA(2005)0118
Bulgaria's application for membership of the EU ***
European Parliament legislative resolution on the application by the Republic of Bulgaria to become a member of the European Union (AA1/2/2005 — C6-0085/2005 — 2005/0901(AVC))
(Assent procedure)
The European Parliament,
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having regard to the application by the Republic of Bulgaria to become a member of the European Union, |
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having regard to the request for assent submitted by the Council pursuant to Article 49 of the EU Treaty (C6-0085/2005), |
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having regard to the opinion of the Commission (COM(2005)0055), |
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having regard to the draft treaty for the accession of the Republic of Bulgaria to the European Union, |
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having regard to the exchange of letters between the President of the European Parliament and the President of the Commission on the full association of the European Parliament with any consideration of activation of one of the safeguard clauses in the Treaty of Accession, |
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having regard to its resolution of 13 April 2005 on the financial implications of the accession of Bulgaria and Romania (1), |
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having regard to Rules 75 and 82(6) of its Rules of Procedure, |
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having regard to the recommendation of the Committee on Foreign Affairs (A6-0082/2005), |
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whereas the conditions for the admission of the applicant countries and the modifications which their accession entails are set in the accession treaty and whereas Parliament should be consulted on any substantial modifications to this treaty, |
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B. |
whereas the Council and the Commission must fully involve the European Parliament in the follow-up to the process of accession of the Republic of Bulgaria, and in decision-making should the safeguard clauses contained in the accession treaty be activated in connection with the accession of the Republic of Bulgaria, |
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C. |
whereas this assent has been preceded by a joint agreement of the two arms of the budgetary authority on the financial package to be included in the accession treaty and the adoption of a declaration on the budgetary and institutional consequences thereof, |
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Gives its assent to the application by the Republic of Bulgaria to become a member of the European Union; |
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Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Republic of Bulgaria. |
(1) Texts Adopted, P6_TA(2005)0116.
P6_TA(2005)0119
Romania's application to become a member of the European Union
European Parliament resolution on the application by Romania to become a member of the European Union (2005/2028(INI))
The European Parliament,
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having regard to the application for accession to the European Union submitted by Romania on 22 June 1995, |
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having regard to the Commission's opinion of 1997 on the application for accession to the European Union submitted by Romania, |
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having regard to the Commission's regular reports on Romania's progress towards accession covering the period 1998-2004 and the Commission's Strategy Paper on progress in the enlargement process (COM(2004)0657 — C6-0150/2004) (1), |
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having regard to the conclusions of the Brussels European Council of 16 and 17 December 2004, |
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having regard to all the previous resolutions and reports since the beginning of the enlargement process, |
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having regard to the draft treaty for the accession to the European Union of Romania, |
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having regard to the exchange of letters between the President of the European Parliament and the President of the Commission on the full association of the European Parliament with any consideration of activation of one of the safeguard clauses in the Treaty of Accession, |
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having regard to Rule 45 of its Rules of Procedure, |
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having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Agriculture and Rural Development (A6-0077/2005), |
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A. |
whereas our common objective is to make the best possible preparations for the accession of Romania to the Union, |
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B. |
whereas the efforts to achieve this objective should lead to the political will of the authorities converging with the mobilisation of socio-economic players in Romania, with the strong support of Romanian society, |
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C. |
whereas the scale of reforms implemented in Romania with a view to accession is remarkable given the tremendous backlog that had to be cleared in the economic, political and social spheres, |
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D. |
whereas the tremendous effort that Romania has made during the transformation process deserves unqualified recognition; whereas the merit lies primarily with the population there who have endured an unprecedented “kill-or-cure” process of political and economic reform with great patience, |
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E. |
whereas the prospect of accession has acted as a catalyst for change, harnessing most of the country's political forces in support of a project that has become Romania's strategic goal, |
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F. |
whereas the progress achieved by Romania made it possible to conclude the accession negotiations, but whereas the efforts to remedy the shortcomings identified in the Commission's 2004 progress report and in the European Parliament's most recent resolution of 16 December 2004 (2) should be continued both before and after accession, notably in the area of justice and home affairs as regards combating corruption and organised crime and as regards border controls, in the area of competition as regards state aid and in the area of the environment as regards the implementation of legislation in all sectors and the alignment of horizontal legislation, |
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G. |
whereas, if these efforts are made, Romania should be in a position to meet the commitments given during the negotiations and to assume the obligations arising from accession so as to become a member of the Union, in accordance with the envisaged timeframe, in 2007, |
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1. |
Welcomes the decision of the European Council of 16 and 17 December 2004 to conclude the accession negotiations with Romania, bringing to a close four years of negotiations and several years of preparations that have significantly altered the country's socio-political, economic and cultural landscape by enabling it to initiate a momentum for change and progress; |
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2. |
Stresses that the prospect of accession has been a powerful force driving the reforms and that the efforts made by Romania have helped to modernise and democratise the country but considers that this process is far from complete; |
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3. |
Underlines the invaluable role played since 1990 by non-governmental organisations and other civil society actors in Romania in the process of democratisation, the fight against corruption, the protection of the freedom of the press and the drive for an independent judiciary; |
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4. |
Notes with satisfaction that the process begun in 1997 to transform the economy and its structures has brought about a substantial improvement in economic performance and the establishment of a functioning market economy thanks to important structural changes; considers, however, that further consolidation of macroeconomic stability is required if Romania is to be able to cope with competitive pressure and market forces within the Union; calls on the Romanian authorities to continue their efforts to curb the budget deficit, if the country wants to meet its targets for inflation and for a reduction in the currentaccount deficit, and encourages them to press ahead with the process of privatisation and restructuring, particularly in the steel sector; |
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5. |
Points out that, in order to meet the commitments given during the accession negotiations and to meet the accession criteria in such a way as to enable it to become a member of the Union in accordance with the envisaged timeframe, in 2007, Romania will have to do its utmost to tackle the shortcomings identified in the Commission's latest progress report and in the resolution adopted by the European Parliament on 16 December 2004; |
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6. |
In this connection, emphasises, in particular:
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7. |
Notes also that, whilst the industrial policy of Romania is stable and to some extent predictable, its administrative capacity is deficient, hindering the application of proper industrial measures; equally urgent is the need to eliminate structural obstacles to investment, such as excessive bureaucracy and an unstable legislative environment; furthermore, ensuring an efficient strategy in respect of SMEs entails institutionbuilding, which is a prerequisite needing to be acted upon; |
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8. |
Considers that active security of energy supplies is also urgently needed, as the decommissioning of inefficient heating systems and dealing with non-viable coal mines remain key challenges, requiring social measures to face labour hardship; |
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9. |
Welcomes the fact that the new Romanian government has made increased press freedom and media independence a key objective, and notes with satisfaction that the government has announced an end to selective state advertising, which was used to exert political control over the media, and the drafting of legislation with the assistance of media watchdogs in order to establish a transparent and accountable system; |
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10. |
Notes the new Romanian Government's ambitious programme and welcomes its determination to speed up preparations for accession and to carry out further reforms with a view to improving the welfare and living standards of Romanian citizens; |
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11. |
Welcomes positive developments in the education of Romanian, including Roma, children (in terms of schools, infrastructures and facilities) and urges the Romanian authorities to continue to prioritise this work, notably by improving the qualifications and remuneration of teachers; |
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12. |
Notes that, despite the progress made in the fight against social exclusion and on social welfare legislation, efforts need to be stepped up to reduce poverty and to guarantee the country's economic and social cohesion, which remains very fragile; |
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13. |
Welcomes the signature by Romania of the Declaration on the “Decade of Roma Inclusion”, and recognises Romania's commitment to the integration of Roma through the adoption of anti-discrimination legislation, but urges more effective implementation of measures to tackle educational segregation, misplacement of students in schools for the mentally disabled and early drop-outs, lack of access to health care, public and social services, high unemployment rates, and poor housing conditions, as well as measures seeking the active involvement of the Roma community in the achievement of these goals; |
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14. |
Notes that, despite the general improvement in the protection of minorities, additional measures need to be taken to ensure the protection of the Hungarian minority in accordance with the principles of subsidiarity and self-governance; |
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15. |
Supports the Commission in its meticulous scrutiny of Romania's progress in implementing the commitments given during the negotiations; considers such scrutiny to be a necessary and effective tool for identifying deficiencies and seeking to remedy them in the shortest possible time, mobilising every effort required in terms of both human and material resources; calls on the Commission to ensure that the aid granted through the various financial instruments (PHARE, Sapard, ISPA) is as appropriate and effective as possible; |
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16. |
Urges the Romanian authorities to enact clear and provident co-existence rules governing the deliberate release of GMO varieties, in order to prevent the provisions of the “acquis communautaire” relating to GMOs from being undermined at the date of accession; |
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17. |
Underlines that the implementation of the new Community legislation on food hygiene is designed solely to protect consumers and to ensure the quality of food, and should not bring about a deliberate structural concentration in the food processing industry; encourages the Romanian government to make use of the Sapard funds to diversify production and support decentralised, high quality food production; |
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18. |
Hopes that, in order to enable the common fisheries policy to be applied in all areas, those who administer and those who work in the sector will be able to make the necessary preparations, thanks to the allocation of the requisite human and financial resources and, in particular, the pursuit of the initiatives provided for in the Sapard programme; |
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19. |
Emphasises the urgent need for Romania and the Commission, in the process of identifying priorities within the strategic framework for pre-accession funding and structural funds, to earmark the funds needed to ameliorate the living conditions and treatment of patients and residents in psychiatric wards and hospitals; |
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20. |
Expresses its concern about the long transition periods agreed in the negotiations regarding the environment chapter and calls on the Commission and the Romanian authorities to take measures in order to substantially improve administrative capacity in the environmental field; further reiterates its concern over the planned gold-mining project in Rosia Montana and demands that full environmental impact assessments be conducted to assess the risks involved, notably as regards potential cyanide contamination and rehabilitation after closure; |
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21. |
Will continue to follow closely the process which will lead to Romania's accession in January 2007 and calls on the Commission to keep it regularly informed of the extent to which the Romanian authorities honour the commitments given in the accession treaty, particularly as regards the fight against corruption, the environment, the field of justice and home affairs and competition; stresses that it approves the accession treaty on condition that the Council and the Commission fully involve it in the decision-making in the event that the safeguard clauses contained in the accession treaty were to be used in the context of Romania's accession; |
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22. |
Points out that, if the safeguard clauses were to be invoked, such action should not be seen as a sanction, but rather as a mechanism intended to give Romania the time required to prepare for joining the internal market without shocks either for itself or for Community policies, since their proper functioning is in the common interest of the Member States and the applicant countries and has a direct impact on the lives of their citizens; |
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23. |
Firmly believes that the accession of Romania to the European Union will add real value to the cultural and political dimensions of European integration, with particular regard to the efforts to stabilise the Balkan region and the new European Neighbourhood Policy; |
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24. |
Notes that the success of accession depends to a large extent on the support and commitment of the acceding country's citizens; therefore encourages the Romanian authorities and non-governmental organisations to launch a wide-ranging, serious and objective campaign to provide information on the Union and its objectives and on the advantages and obligations arising from accession so that the Romanian people will be fully aware of their choice and as involved as possible in the preparations in progress; calls also on the Commission to provide appropriate funding for information campaigns to improve the public's knowledge relating to the accession of Romania (and Bulgaria); |
|
25. |
Stresses that Romania's accession to the European Union should not be seen as an end in itself but rather as an opportunity to contribute to the process of European integration, which seeks to promote peace and European values and to create an area of solidarity and prosperity by extending its advantages to all Member States and their inhabitants; |
|
26. |
Approves the signing of the accession treaty in April 2005 and welcomes the arrival of parliamentary observers from Romania; |
|
27. |
Instructs its President to forward this resolution to the Council and Commission and to the governments and parliaments of the Member States and of Romania. |
(1) Not yet published in OJ.
(2) Texts adopted on this date, P6_TA(2004)0111.
P6_TA(2005)0120
Romania's application for membership of the EU ***
European Parliament legislative resolution on the application by Romania to become a member of the European Union (AA1/2/2005 — C6-0086/2005 — 2005/0902(AVC))
(Assent procedure)
The European Parliament,
|
— |
having regard to the application by Romania to become a member of the European Union, |
|
— |
having regard to the request for assent submitted by the Council pursuant to Article 49 of the EU Treaty (C6-0086/2005), |
|
— |
having regard to the opinion of the Commission (COM(2005)0055), |
|
— |
having regard to the draft treaty for the accession to the European Union of Romania, |
|
— |
having regard to the exchange of letters between the President of the European Parliament and the President of the Commission on the full association of the European Parliament with any consideration of activation of one of the safeguard clauses in the Treaty of Accession, |
|
— |
having regard to its resolution of 13 April 2005 on the financial implications of the accession of Bulgaria and Romania (1), |
|
— |
having regard to Rules 75 and 82(6) of its Rules of Procedure, |
|
— |
having regard to the recommendation of the Committee on Foreign Affairs (A6-0083/2005), |
|
A. |
whereas the conditions for the admission of the applicant countries and the modifications which their accession entails are set out in the accession treaty and whereas Parliament should be consulted on any substantial modifications to this treaty, |
|
B. |
whereas the Council and the Commission must fully involve the European Parliament in the follow-up to the process of accession of Romania, and in decision-making should the safeguard clauses contained in the accession treaty be activated in connection with the accession of Romania, |
|
C. |
whereas this assent has been preceded by a joint agreement of the two arms of the budgetary authority on the financial package to be included in the accession treaty and the adoption of a declaration on the budgetary and institutional consequences thereof, |
|
1. |
Gives its assent to the application by Romania to become a member of the European Union; |
|
2. |
Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and Romania. |
(1) Texts Adopted, P6_TA(2005)0116.
P6_TA(2005)0121
Social legislation relating to road transport activities ***II
European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities (11336/1/2004 — C6-0249/2004 — 2003/0255(COD))
(Codecision procedure: second reading)
The European Parliament,
|
— |
having regard to the Council common position (11336/1/2004 — C6-0249/2004) (1), |
|
— |
having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2003)0628) (3), |
|
— |
having regard to Article 251(2) of the EC Treaty, |
|
— |
having regard to Rule 62 of its Rules of Procedure, |
|
— |
having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0073/2005), |
|
1. |
Approves the common position as amended; |
|
2. |
Instructs its President to forward its position to the Council and Commission. |
(1) OJ C 63 E, 15.3.2005, p. 1.
(2) OJ C 104 E, 30.4.2004, p. 385.
(3) Not yet published in OJ.
P6_TC2-COD(2003)0255
Position of the European Parliament adopted at second reading on 13 April 2005 with a view to the adoption of European Parliament and Council Directive 2005/.../EC on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
|
(1) |
Council Regulations (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (3) and (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (4) and Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (5) are important for the creation of a common market for inland transport services, for road safety and for working conditions. |
|
(2) |
In its White Paper “European transport policy for 2010: time to decide”, the Commission indicated the need to tighten up checks and sanctions particularly for social legislation on road transport activities, and specifically to increase the number of checks, to encourage the systematic exchange of information between Member States, to coordinate inspection activities and to promote the training of enforcement officers. |
|
(3) |
It is therefore necessary to ensure proper application and harmonised interpretation of the social rules on road transport through the establishment of minimum requirements for the uniform and effective checking by the Member States of compliance with the relevant provisions. Those checks should serve to reduce and prevent infringements. Furthermore, a mechanism should be introduced which ensures that undertakings with a high risk rating are checked more closely and more often. |
|
(4) |
The measures provided for in this Directive should not only lead to greater road safety but should also contribute to harmonising working conditions in the Community and promote a level playing field. |
|
(5) |
The replacement of analogue tachographs by digital tachographs will progressively enable a greater volume of data to be checked more swiftly and more precisely and, for that reason, Member States will be increasingly able to undertake more checks. In terms of checks, the percentage of days worked by drivers of vehicles falling within the scope of the social legislation that is checked should therefore be gradually increased to 4 %. |
|
(6) |
As regards checking systems, it must be the aim that national systems develop towards European interoperability and practicability. |
|
(7) |
Sufficient standard equipment and legal powers should be available to all enforcement units to enable them to carry out their duties effectively and efficiently. |
|
(8) |
Member States should seek to ensure, without prejudice to the proper execution of the tasks imposed by this Directive, that roadside checks are executed efficiently and quickly, with a view to completing the check in the shortest time possible and with the least delay for the driver. |
|
(9) |
Within each Member State a coordinating enforcement body should be designated, acting as a national centre for enforcement, with responsibility for overseeing and implementing a coherent national enforcement strategy and achieving European interoperability of monitoring systems in consultation with other relevant competent authorities. That body should also compile relevant statistics. |
|
(10) |
Cooperation between Member State enforcement authorities should be further promoted through concerted checks, joint training initiatives, the electronic exchange of information, and the exchange of intelligence and experience. |
|
(11) |
Best practice in road transport enforcement operations, particularly to ensure a harmonised approach to the issue of proof of a driver's annual leave or sick leave, should be facilitated and promoted through a forum for Member State enforcement authorities. |
|
(12) |
The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6). |
|
(13) |
Since the objective of this Directive, namely to lay down clear, common rules on minimum conditions for checking the correct and uniform implementation of Regulations (EEC) Nos 3820/85 and 3821/85 and Regulation (EC) No .../2005 of ... of the European Parliament and of the Council [on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98] (7) , cannot be sufficiently achieved by the Member States and can, by reason of the need for coordinated transnational action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. |
|
(14) |
Council Directive 88/599/EEC of 23 November 1988 on standard checking procedures for the implementation of Regulations (EEC) Nos 3820/85 and 3821/85 (8) should therefore be repealed, |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Subject-matter
This Directive lays down minimum conditions for the implementation of Regulations (EEC) Nos 3820/85 and 3821/85 and Directive 2002/15/EC .
Article 2
Scope
1. This Directive shall apply, irrespective of the vehicle's country of registration, to carriage by road undertaken:
|
(a) |
exclusively within the Community; or |
|
(b) |
between the Community, Switzerland and the countries which are contracting parties to the Agreement on the European Economic Area. |
2. The European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (“the AETR”) shall apply, instead of this Directive, to international road transport operations undertaken in part outside the areas mentioned in paragraph 1 using vehicles registered in the Community or in countries which are contracting parties to the AETR, for the whole journey.
3. This Directive shall apply to carriage using vehicles registered in a third country which is not a contracting party to the AETR, for any part of the journey made within the Community.
Article 3
Checking systems
1. Member States shall organise a system of appropriate and regular checks on correct and consistent implementation, as referred to in Article 1, both at the roadside and at premises of undertakings of all transport categories.
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles of all transport categories falling within the scope of Regulations (EEC) Nos 3820/85 and 3821/85 and of drivers and mobile workers falling within the scope of Directive 2002/15/EC .
2. In so far as this is not already the case, Member States shall, not later than ... (9), provide authorised inspecting officers with all necessary legal powers to enable them correctly to discharge their inspection obligations as required by this Directive.
3. Each Member State shall organise checks in such a way that, as from ... (10), 1 % of days worked by drivers of vehicles falling within the scope of Regulations (EEC) Nos 3820/85 and 3821/85 and Directive 2002/15/EC are checked. This percentage will increase to 2 % from 1 January 2007 and to 3 % from 1 January 2009 .
From 1 January 2011 this minimum percentage may be increased to 4 % by the Commission, in accordance with the procedure referred to in Article 13(2), provided that the statistics collected pursuant to Article 4 show that, on average, more than 90 % of all vehicles checked are equipped with a digital tachograph. In making its decision, the Commission shall also take into account the effectiveness of existing enforcement measures, in particular the availability of digital tachograph data at the premises of undertakings.
Not less than 15 % of the total number of the working days checked shall be checked at the roadside and not less than 50 % at the premises of undertakings.
4. The information submitted to the Commission in accordance with Article 16(2) of Regulation (EEC) No 3820/85 shall include the number of drivers checked at the roadside, the number of checks at the premises of undertakings, the number of working days checked and the number and type of infringements reported , together with a record of whether passengers or goods were transported .
Article 4
Statistics
Member States shall ensure that statistics collected from the checks organised in accordance with Article 3(1) and (3) are broken down into the following categories:
|
(a) |
for roadside checks:
|
|
(b) |
for checks at the premises:
|
These statistics shall be submitted annually to the Commission.
The undertakings responsible for the drivers and the appropriate authorities in the Member States shall keep a record of the data collected for the previous year.
Any further clarification required of the definitions of the categories mentioned under (a) and (b) shall be established by the Commission, in accordance with the procedure referred to in Article 13(2).
Article 5
Roadside checks
1. Roadside checks shall be organised in various places and at any time and shall cover a sufficiently extensive part of the road network to make it difficult to avoid checkpoints.
2. Member States shall ensure that:
|
(a) |
sufficient provision is made for checkpoints on or nearby existing and planned roads and, in particular, that service stations, hospitality areas and other safe locations along motorways, and service areas can function as checkpoints ; |
|
(b) |
checks are carried out following a random rotation system , with an effort being made to secure a balance in the intensity of the checks conducted at different roadside locations . |
3. The points to be verified at roadside checks are set out in Part A of Annex I. Checks may focus on a specific point if the situation so requires.
4. Without prejudice to Article 10(2), roadside checks shall be carried out without discrimination. In particular, enforcement officers shall not discriminate on any of the following grounds:
|
(a) |
country of registration of vehicle; |
|
(b) |
country of residence of driver; |
|
(c) |
country of establishment of undertaking; |
|
(d) |
origin and destination of journey; |
|
(e) |
whether vehicles are equipped with an analogue or digital tachograph. |
5. Enforcement officers shall be provided with:
|
(a) |
a list of the principal points to be checked, as set out in Part A of Annex I; |
|
(b) |
certain standard checking equipment, as set out in Annex II. |
6. If, in a Member State, the findings of a roadside check on the driver of a vehicle registered in another Member State afford grounds for believing that infringements have been committed which cannot be established during the check owing to a lack of necessary data, the competent authorities of the Member States concerned shall assist each other in clarifying the situation.
Article 6
Concerted checks
Member States shall, at least six times per year, undertake concerted roadside checks on drivers and vehicles falling within the scope of Regulations (EEC) Nos 3820/85 and 3821/85 and Directive 2002/15/EC. Such checks shall be undertaken at the same time by the enforcement authorities of two or more Member States, each operating in its own territory.
Article 7
Checks at the premises of undertakings
1. Checks at premises shall be planned in the light of past experience in relation to the various categories of transport and undertakings . They shall also be carried out if serious infringements of Regulations (EEC) Nos 3820/85 or 3821/85 have been detected at the roadside.
2. Checks at premises shall cover the points listed in Part A and Part B of Annex I.
3. Enforcement officers shall be provided with:
|
(a) |
a list of the principal points to be checked, as set out in Parts A and B of Annex I; |
|
(b) |
certain standard checking equipment, as set out in Annex II. |
4. Enforcement officers in a Member State shall, in the course of the check, take into account any information provided by the designated coordinating enforcement body of another Member State, as referred to in Article 8(1), concerning the activities of the undertaking in question in that other Member State.
5. For the purposes of paragraphs 1 to 4, checks carried out at the premises of the competent authorities, on the basis of relevant documents or data handed over by undertakings at the request of the said authorities, shall have the same status as checks carried out at the premises of undertakings.
Article 8
Coordinating enforcement body
1. Member States shall designate a body which shall have the following tasks:
|
(a) |
to ensure coordination between the various competent authorities within the Member State as regards actions taken under Articles 5 and 7 and with equivalent bodies in the other Member States as regards actions taken under Article 6; |
|
(b) |
to forward the biennial statistical returns to the Commission under Article 16(2) of Regulation (EEC) No 3820/85; |
|
(c) |
to draw up a coherent national enforcement strategy; |
|
(d) |
to be primarily responsible for assisting the competent authorities of other Member States pursuant to Article 5(6); |
|
(e) |
to publish the statistical data obtained pursuant to Article 4. |
The body shall be represented on the Committee referred to in Article 13(1).
2. Member States shall notify the Commission of the designation of this body and the Commission shall advise the other Member States accordingly.
3. The exchange of data, of experience and of intelligence between Member States shall be actively promoted, primarily but not exclusively through the Committee referred to in Article 13(1) and any such body as the Commission may designate in accordance with the procedure referred to in Article 13(2).
Article 9
Exchange of information
1. Information made available bilaterally under Article 17(3) of Regulation (EEC) No 3820/85 or Article 19(3) of Regulation (EEC) No 3821/85 shall be exchanged between the designated bodies notified to the Commission in accordance with Article 8(2):
|
(a) |
at least once every six months after the date of entry into force of this Directive; |
|
(b) |
upon specific request by a Member State in individual cases. |
2. Member States shall seek to establish systems for the electronic exchange of information. In accordance with the procedure referred to in Article 13(2), the Commission shall define a common methodology for effective information exchange.
Article 10
Risk rating system and infringements
1. Member States shall introduce a common risk rating system for undertakings based on the relative number and severity of any infringements of Regulations (EEC) Nos 3820/85 or 3821/85 or Directive 2002/15/EC that an individual undertaking has committed.
2. Undertakings with a high-risk rating shall be checked more closely and more often and, if infringements are repeatedly detected, they shall be more heavily penalised . The criteria and detailed rules for implementing such a system shall be discussed in the Committee referred to in Article 13, with a view to establishing a system for the exchange of information on best practices.
3. Where a Member State becomes aware of an infringement of Regulations (EEC) Nos 3820/85 or 3821/85 or of Directive 2002/15/EC committed on the territory of another Member State, it shall bring it to the attention of that Member State to enable the latter to impose penalties.
4. Member States shall regard, in particular, each of the following infringements of Regulations (EEC) Nos 3820/85 or 3821/85 or Directive 2002/15/EC as constituting a serious infringement:
|
(a) |
exceeding the maximum daily, six-day or fortnightly driving time limits by a margin of 20 % or more; |
|
(b) |
disregarding the minimum daily or weekly rest period by a margin of 20 % or more; |
|
(c) |
disregarding the minimum break by a margin of 33 % or more; |
|
(d) |
exceeding the maximum weekly working time of 60 hours by a margin of 10 % or more. |
Article 11
Report
By ... (11) the Commission shall submit to the European Parliament and to the Council a report analysing the penalties for serious infringements provided for in the legislation of the Member States. At the same time, the Commission shall submit a proposal for a directive on the harmonisation of these penalties.
The report shall indicate the degree of difference between the penalties and what the effect of harmonising the minimum and maximum penalties for a given infringement would be on securing compliance with the provisions of this Directive and on road safety.
Article 12
Best practice
1. In accordance with the procedure referred to in Article 13(2), the Commission shall establish guidelines on best enforcement practice.
Those guidelines shall be published in a biennial report of the Commission .
2. Member States shall establish joint training programmes on best practice to be held at least once per year and shall facilitate exchanges, at least once per year, of staff of their respective coordinating enforcement bodies with their counterparts in other Member States.
3. An electronic and printable form shall be drawn up by the Commission in accordance with the procedure referred to in Article 13(2), to be used when a driver has been on sick leave or on annual leave, or when the driver has driven another vehicle exempted from the scope of Regulation (EEC) No 3820/85, during the period mentioned in the first indent of the first subparagraph of Article 15(7) of Regulation (EEC) No 3821/85.
4. Member States shall ensure that enforcement officers are well trained for the execution of their tasks.
Article 13
Committee procedure
1. The Commission shall be assisted by the Committee established under Article 18(1) of Regulation (EEC) No 3821/85.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its Rules of Procedure.
Article 14
Implementing measures
At the request of a Member State or on its own initiative the Commission shall, in accordance with the procedure referred to in Article 13(2), adopt implementing measures in particular with one of the following aims:
|
(a) |
to promote a common approach for the implementation of this Directive; |
|
(b) |
to encourage a coherence of approach and a harmonised interpretation of Regulation (EEC) No 3820/85 as between enforcement authorities; |
|
(c) |
to facilitate dialogue between the industry and enforcement authorities. |
Article 15
Updating of the Annexes
Amendments to the Annexes which are necessary to adapt them to developments in best practice shall be adopted in accordance with the procedure referred to in Article 13(2).
Article 16
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 2006. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.
Article 17
Repeal
1. Directive 88/599/EEC is hereby repealed with effect from ... (12).
2. References made to the repealed Directive shall be construed as being made to this Directive.
Article 18
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 19
Addressees
This Directive is addressed to the Member States.
Done at ..., on ...
For the European Parliament
The President
For the Council
The President
(1) OJ C 241, 28.9.2004, p. 65.
(2) Position of the European Parliament of 20 April 2004(OJ C 104 E, 30.4.2004, p. 385), Council Common Position of 9 December 2004 (OJ C 63 E, 15.3.2005, p. 1) and Position of the European Parliament of 13 April 2005.
(3) OJ L 370, 31.12.1985, p. 1. Regulation as amended by Directive 2003/59/EC of the European Parliament and of the Council (OJ L 226, 10.9.2003, p. 4).
(4) OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Commission Regulation (EC) No 432/2004 (OJ L 71, 10.3.2004, p. 3).
(5) OJ L 80, 23.3.2002, p. 35.
(6) OJ L 184, 17.7.1999, p. 23.
(7) OJ L ...
(8) OJ L 325, 29.11.1988, p. 55. Directive as amended by Regulation (EC) No 2135/98 (OJ L 274, 9.10.1998, p. 1).
(9) Six months after the entry into force of this Directive.
(10) Date of entry into force of this Directive.
(11) Three years of the entry into force of this Directive.
(12) The date of entry into force of this Directive.
ANNEX I
Part A — Roadside checks
The following points shall, in general, be covered by roadside checks:
|
1) |
daily and weekly driving times, total accumulated driving time during two consecutive weeks, breaks and daily and weekly rest periods and compensatory rest periods ; also the preceding two weeks' record sheets which have to be carried on board the vehicle in accordance with Article 15(7) of Regulation (EEC) No 3821/85 and/or the data for the same period on the driver card and/or in the memory of the recording equipment in conformity with Annex ΙΙ to this Directive and/or on printouts of the preceding 28 days ; |
|
2) |
for the period referred to in Article 15(7) of Regulation (EEC) No 3821/85, any cases where the vehicle's authorised speed is exceeded, to be defined as being any periods of more than one minute during which the vehicle's speed exceeds 90 km/h for category N3 vehicles or 105 km/h for category M3 vehicles (categories N3 and M3 being defined in Annex II to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1); |
|
3) |
where appropriate, momentary speeds attained by the vehicle as recorded by the recording equipment in no more than the previous 24 hours' use of the vehicle; |
|
4) |
the correct functioning of the recording equipment (determination of possible misuse of the equipment and/or the driver card and/or record sheets) or, where appropriate, presence of the documents referred to in Article 14(5) of Regulation (EEC) No 3820/85. |
Part B — Checks at the premises of undertakings
The following points shall be checked at the premises of undertakings, in addition to those checked at the roadside:
|
1) |
weekly rest periods and driving times between these rest periods; |
|
2) |
observance of the two-weekly limitation of driving hours; |
|
3) |
record sheets, vehicle unit and driver card data and printouts; |
|
4) |
average maximum weekly working time of 48 hours over the reference period mentioned in Article 4 (a) of Directive 2002/15/EC. |
Member States may, if appropriate, check on the joint liability of other instigators or accessories in the transport chain, such as shippers, freight forwarders or contractors, if an infringement is detected, including verification that contracts for the provision of transport permit compliance with Regulations (EEC) Nos 3820/85 and 3821/85 and Directive 2002/15/EC .
(1) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2004/104/EC (OJ L 337, 13.11.2004, p. 13).
ANNEX II
STANDARD EQUIPMENT TO BE AVAILABLE TO ENFORCEMENT UNITS
Member States shall ensure that the following standard equipment is available to enforcement units carrying out the duties set out in Annex I:
|
1) |
equipment capable of downloading data from the vehicle unit and driver card of the digital tachograph, reading data, and analysing data and/or transmitting findings to a central database for analysis; |
|
2) |
equipment to check the tachograph sheets. |
P6_TA(2005)0122
Harmonisation and control equipment in the field of road transport ***II
European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 (11337/2/2004 — C6-0250/2004 — 2001/0241(COD))
(Codecision procedure: second reading)
The European Parliament,
|
— |
having regard to the Council common position (11337/2/2004 — C6-0250/2004) (1), |
|
— |
having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001)0573) (3), |
|
— |
having regard to the amended proposal (COM(2003)0490) (4), |
|
— |
having regard to Article 251(2) of the EC Treaty, |
|
— |
having regard to Rule 62 of its Rules of Procedure, |
|
— |
having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0076/2005), |
|
1. |
Approves the common position as amended; |
|
2. |
Instructs its President to forward its position to the Council and Commission. |
(1) OJ C 63 E, 15.3.2005, p. 11.
(2) OJ C 38 E, 12.2.2004, p. 152.
(3) OJ C 51 E, 26.2.2002, p. 234.
(4) Not yet published in OJ.
P6_TC2-COD(2001)0241
Position of the European Parliament adopted at second reading on 13 April 2005 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2005 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
|
(1) |
In the field of road transport, Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (3) sought to harmonise the conditions of competition between methods of inland transport, especially with regard to the road sector, and to improve working conditions and road safety. Progress in these areas should be safeguarded and extended. |
|
(2) |
Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (4) requires Member States to adopt measures which limit the maximum weekly working time of mobile workers. |
|
(3) |
Difficulties have been experienced in interpreting, applying, enforcing and monitoring certain provisions of Regulation (EEC) No 3820/85 relating to driving time, break and rest period rules for drivers engaged in national and international road transport within the Community in a uniform manner in all Member States, because of the broad terms in which they are drafted. |
|
(4) |
Effective and uniform enforcement of those provisions is desirable if their objectives are to be achieved and the application of the rules is not to be brought into disrepute. Therefore, a clearer and simpler set of rules is needed, which will be more easily understood, interpreted and applied by the road transport industry and the enforcement agencies. |
|
(5) |
Measures provided for in this Regulation regarding working conditions should not prejudice the right of the two sides of industry to lay down, by collective bargaining or otherwise, provisions more favourable to workers. |
|
(6) |
It is desirable to define clearly the scope of this Regulation by specifying the main categories of vehicle which it covers. |
|
(7) |
This Regulation should apply to carriage by road undertaken either exclusively within the Community or between the Community, Switzerland and the countries which are contracting parties to the Agreement on the European Economic Area. |
|
(8) |
The European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1 July 1970 (“the AETR”) , as amended, should continue to apply to the carriage by road of goods and passengers by vehicles registered in any Member State or any country which is a contracting party to the AETR, for the whole of the journey where that journey is between the Community and a third country other than Switzerland and the countries which are contracting parties to the Agreement on the European Economic Area or through such a country. It is desirable that the Community and the countries which are contracting parties to the AETR amend that agreement so as to bring it into line with the provisions of this Regulation. |
|
(9) |
In the case of carriage by road using vehicles registered in a third country which is not a contracting party to the AETR, this Regulation should apply to any part of the journey made within the Community. |
|
(10) |
Since the subject matter of the AETR falls within the scope of this Regulation, the power to negotiate and conclude that agreement lies with the Community. |
|
(11) |
If an amendment to the internal Community rules in the field in question necessitates a corresponding amendment to the AETR, Member States should act together to bring about such an amendment to the AETR as soon as possible, in accordance with the procedure laid down therein. |
|
(12) |
The list of derogations should be updated to reflect developments in the road transport sector over the past nineteen years. |
|
(13) |
Full definitions of all key terms should be given in order to render interpretation easier and ensure that this Regulation is applied in a uniform manner. In addition, efforts should be made to ensure uniform interpretation and application of this Regulation by national supervisory authorities . The definition of “week” provided in this Regulation should not prevent drivers from starting work on any day of the week. |
|
(14) |
To guarantee effective enforcement, it is essential that after a transitional period, the appropriate authorities should, when carrying out roadside checks, be able to ascertain that rules on driving times and rest periods have been properly observed on the day of the check and during the preceding 28 days. |
|
(15) |
The basic rules on driving times need to be clarified and simplified to allow effective and uniform enforcement by means of the digital tachograph as set out in Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (5) and this Regulation. In addition, through the standing committee, Member State enforcement authorities should strive to reach a common understanding of the implementation of this Regulation. |
|
(16) |
Under the rules of Regulation (EEC) No 3820/85 it proved possible to schedule daily driving periods and breaks in such a way as to enable drivers to drive for too long without a full break, leading to reduced road safety and a deterioration in drivers' working conditions. It is therefore appropriate to ensure that split breaks are so ordered as to prevent abuse. |
|
(17) |
This Regulation aims to improve social conditions for employees which are covered by it, as well as to improve general road safety. It does so mainly by means of the provisions pertaining to maximum driving times per day, per week and per period of two consecutive weeks, the provision which obliges drivers to take a regular weekly rest period at least once per two consecutive weeks and the provisions which prescribe that under no circumstances should a daily rest period be less than an uninterrupted period of nine hours. Since those provisions guarantee adequate rest, and also taking into account experience with enforcement practices during the past years, a system of compensation for reduced daily rest periods is no longer necessary. |
|
(18) |
Many road transport operations within the Community involve transport by ferry or by rail for part of the journey. Clear, appropriate provisions regarding daily rest periods and breaks should therefore be laid down for such operations. |
|
(19) |
In view of the increase in the cross-border carriage of goods and passengers, it is desirable, in the interests of road safety and enhanced enforcement, for roadside checks and checks at the premises of undertakings to cover driving times, rest periods and breaks undertaken within other Member States or third countries and determine whether the relevant rules have been fully and properly observed. |
|
(20) |
The liability of transport undertakings should extend at least to transport undertakings that are legal or natural persons, and should not exclude proceedings against natural persons who are perpetrators, or instigators of, or accessories to, infringements of this Regulation. |
|
(21) |
It is necessary for drivers working for several transport undertakings to supply each of them with adequate information to enable it to fulfil its responsibilities under this Regulation. |
|
(22) |
In order to promote social progress and improve road safety, each Member State should retain the right to adopt certain appropriate measures. |
|
(23) |
The Member States should lay down rules for vehicles used for the carriage of passengers on regular services where the route covered does not exceed 50 kilometres. Those rules should provide adequate protection in terms of permitted driving times and mandatory breaks and rest periods. |
|
(24) |
It is desirable, in the interests of effective enforcement, that all regular national and international passenger transport services should be checked using the standard recording device. |
|
(25) |
The Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate, dissuasive and non-discriminatory. The possibility of immobilising vehicles where serious infringements are detected should be also included within the common range of measures open to Member States. The provisions contained in this Regulation pertaining to penalties or proceedings should not affect national rules concerning the burden of proof. |
|
(26) |
It is desirable in the interests of clear and effective enforcement to ensure uniform provisions on the liability of transport undertakings and drivers for infringements of this Regulation. This liability may result in penal, civil or administrative penalties as may be the case in the Member States. |
|
(27) |
Since the objective of this Regulation, namely the establishment of clear, common rules on driving times, breaks and rest periods, cannot be sufficiently achieved by the Member States and can therefore, by reason of the need for coordinated action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
|
(28) |
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6). |
|
(29) |
Since the provisions concerning the minimum ages of drivers have now been laid down in Directive 2003/59/EC (7) and must be transposed by 2009, only transitional provisions concerning the minimum age of drivers are required in this Regulation. |
|
(30) |
Regulation (EEC) No 3821/85 should be amended to clarify specific obligations on transport undertakings and drivers as well as to promote legal certainty and to facilitate the enforcement of driving time and rest period limits during roadside checks. |
|
(31) |
Regulation (EEC) No 3821/85 should also be amended to ensure legal certainty as regards the new dates for the introduction of the digital tachograph and for the availability of driver cards. |
|
(32) |
The introduction of recording equipment pursuant to Regulation (EC) No 2135/98, enabling the activities of a driver over a 28-day period to be recorded electronically on his driver card and electronic records of vehicle operations to cover a 365-day period, will in future make for more rapid and comprehensive roadside checks. |
|
(33) |
Experience indicates that compliance with the provisions of this Regulation, in particular the specified maximum driving time over a two-week period, cannot be enforced unless proper and effective supervision is brought to bear in roadside checks in relation to the whole of that period and not just the maximum of eight days laid down in Directive 88/599/EEC (8) read together with Regulation (EEC) No 3821/85. |
|
(34) |
Under Directive 88/599/EEC roadside checks are confined to daily driving time, daily rest periods, and breaks. When digital recording equipment is introduced driver and vehicle data will be stored electronically and data will be able to be evaluated electronically on the spot. This should enable simple checks to be carried out on weekly rest periods and compensatory rest periods for reduced daily and weekly rest periods. Roadside checks should also be able to ascertain compliance with the maximum working time of 60 hours in any one week, in accordance with Directive 2002/15/EC. To that end drivers could carry a certificate issued by their employer, as they already do in order to furnish evidence of weekly rest periods, as long as there is no binding requirement to enter data manually in the digital recording device. Given the reference period, supervision of the 48-hour average working week should continue to be exercised in checks on undertakings. |
|
(35) |
Article 2(2) of Directive 88/599/EEC stipulates that at least 1 % of working days must be checked every year, of which not less than 15 % are to be checked at the roadside and not less than 25 % at the premises of undertakings. In view of numerous past infringements, the percentage of days checked should be progressively raised to at least 2 % from 1 January 2007, 3 % from 1 January 2009 and 4 % from 1 January 2011. At least 30 % of all working days checked should be checked at the roadside and at least 50 % at the premises of undertakings, as such checks are the only means of ascertaining a driver's overall working pattern. In addition, Directive 88/599/EEC should be amended so that the checks are also carried out in accordance with Directive 2002/15/EC. |
|
(36) |
The application of provisions relating to digital tachographs should be consistent with this Regulation in order to achieve optimal effectiveness in monitoring and enforcing social legislation relating to road transport. |
|
(37) |
For reasons of clarity and rationalisation, Regulation (EEC) No 3820/85 should be repealed and replaced by this Regulation, |
HAVE ADOPTED THIS REGULATION:
CHAPTER I
Introductory provisions
Article 1
This Regulation lays down rules on driving times, breaks and rest periods for drivers engaged in the carriage of goods and passengers by road in order to harmonise the conditions of competition between modes of inland transport, especially with regard to the road sector, and to improve working conditions and road safety. This Regulation also aims to promote improved monitoring and enforcement practices by Member States and improved working practices in the road transport industry.
Article 2
1. This Regulation shall apply to the carriage by road:
|
(a) |
of goods where the permissible maximum weight of the vehicle, including any trailer, or semi-trailer, exceeds 3,5 tonnes, or |
|
(b) |
of passengers by vehicles which are constructed or permanently adapted for carrying more than nine persons including the driver, and are intended for that purpose. |
2. This Regulation shall apply, irrespective of the country of registration of the vehicle, to carriage by road undertaken:
|
(a) |
exclusively within the Community; or |
|
(b) |
between the Community, Switzerland and the countries which are contracting parties to the Agreement on the European Economic Area. |
3. This Regulation shall apply to carriage by road undertaken using vehicles registered in a third country which is not a contracting party to the AETR, for any part of the journey made within the Community.
4. The AETR shall apply, instead of this Regulation, to international road transport operations undertaken in part outside the areas mentioned in paragraph 2, using vehicles registered in the Community or in countries which are contracting parties to the AETR, for the whole journey .
Article 3
This Regulation shall not apply to carriage by road by:
|
(a) |
vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 kilometres; |
|
(b) |
vehicles with a maximum authorised speed not exceeding 40 kilometres per hour ; |
|
(c) |
tractors with a maximum authorised speed not exceeding 40 kilometres per hour; |
|
(d) |
vehicles owned or hired without a driver by the armed services, civil defence, fire services, and forces responsible for maintaining public order when the carriage is undertaken as a consequence of the tasks assigned to these services and is under their control; |
|
(e) |
vehicles used in emergencies for transporting humanitarian aid or in rescue operations; |
|
(f) |
specialised vehicles used for medical purposes; |
|
(g) |
specialised breakdown vehicles operating within a 100 kilometre radius of their base; |
|
(h) |
vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service; |
|
(i) |
vehicles or combinations of vehicles with a maximum permissible weight not exceeding 3,5 tonnes used for the non-commercial carriage of goods; |
|
(j) |
commercial vehicles, which have a historic status according to the legislation of the Member State in which they are being driven and which are used for the non-commercial carriage of passengers or goods; |
|
(k) |
vehicles used in connection with sewerage, flood protection, water, gas and electricity services, highway maintenance and control, refuse collection and disposal, telegraph and telephone services, radio and television broadcasting, and the detection of radio or television transmitters or receivers; |
|
(l) |
combinations of vehicles where the maximum permissible weight of the tractor does not exceed 3,5 tonnes and which are used to transport material, equipment or machinery that the driver requires to carry out his work and which are used only within a radius of 100 kilometres of the driver's undertaking, provided that driving the vehicle is not the driver's principal activity. |
Article 4
For the purposes of this Regulation the following definitions shall apply:
|
(a) |
“carriage by road” means any journey made entirely or in part on roads open to the public by a vehicle, whether laden or not, used for the carriage of passengers or goods; |
|
(b) |
“vehicle” means a motor vehicle, tractor, trailer or semi-trailer or a combination of these vehicles, defined as follows:
|
|
(c) |
“driver” means any person who drives a vehicle, even for a short period, or who is carried in a vehicle for the purpose of driving it ; |
|
(d) |
“break” means any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation; |
|
(e) |
“other work” means all activities which are defined as working time in Article 3(a) of Directive 2002/15/EC except driving, and also any work for the same or another employer, within or outside of the transport sector; |
|
(f) |
“rest” means any uninterrupted period during which a driver may freely dispose of his time; |
|
(g) |
“daily rest period” means the daily period during which a driver may freely dispose of his time and which may be either a “regular daily rest period” or a “reduced daily rest period”:
|
|
(h) |
“weekly rest period” means an uninterrupted period of rest during which a driver may freely dispose of his time and which may be either a “regular weekly rest period” or a “reduced weekly rest period”:
|
|
(i) |
“a week” means the period of time between 00.00 on Monday and 24.00 on Sunday; |
|
(j) |
“driving time” means the duration of the activity in which a driver controls a vehicle and is an active road user, according to the tachograph, and the time taken by the driver to make his way to the place of assignment or the vehicle, if that journey is made in a vehicle driven by the driver himself and the distance thus travelled is more than 100 kilometres; |
|
(k) |
“daily driving time” means the total accumulated driving time between the end of one daily rest period and the beginning of the following daily rest period or between a daily rest period and a weekly rest period; |
|
(l) |
“weekly driving time” means the total accumulated driving time during a week; |
|
(m) |
“permissible maximum weight” means the maximum authorised operating weight of a vehicle fully laden; |
|
(n) |
“regular passenger services” means national and international services as defined in Article 2 of Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (9); |
|
(o) |
“multi-manning” means the situation where, during a driving period between any two consecutive daily rest periods, or between a daily rest period and a weekly rest period, there are at least two drivers in the vehicle to do the driving. For the first and last hour of multi-manning the presence of another driver or drivers is optional but for the remainder of the period it is compulsory; |
|
(p) |
“transport undertaking” means any natural person, any legal person, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such a personality, which engages in carriage by road, whether for hire or reward or for own account; |
|
(q) |
“driving period” means the accumulated driving time from when a driver commences driving following a rest period or a regulated break until he takes a rest period or a regulated break. The driving period may be continuous or broken; |
|
(r) |
“regulated break” shall mean an uninterrupted break, subject to a minimum of 15 minutes, of not less than five minutes per half-hour, or part thereof, of accumulated driving time at the time when the regulated break starts. |
CHAPTER II
Crews, driving times, breaks and rest periods
Article 5
1. The minimum age for conductors shall be 18 years.
2. The minimum age for drivers' mates shall be 18 years. However, Member States may reduce the minimum age for drivers' mates to 16 years, provided that:
|
(a) |
the carriage by road is carried out within one Member State within a 50 kilometre radius of the place where the vehicle is based, including local administrative areas the centre of which is situated within that radius; |
|
(b) |
the reduction is for the purposes of vocational training; and |
|
(c) |
there is compliance with the limits imposed by the Member State's national rules on employment matters. |
Article 6
1. The daily driving time shall not exceed nine hours.
However, the daily driving time may be extended to at most 10 hours not more than twice during the week.
2. The weekly driving time shall not exceed 56 hours and shall not result in the maximum weekly working time as laid down in Directive 2002/15/EC being exceeded.
3. The total accumulated driving time during any two consecutive weeks shall not exceed 90 hours.
4. Daily and weekly driving times shall include all driving time on the territory of the Community or of a third country.
5. A driver shall record as other work any time spent as described in Article 4(e) as well as any time spent driving a vehicle used for commercial operations not falling within the scope of this Regulation, and shall record any periods of “availability”, as defined in Article 15(3)(c) of Regulation (EEC) No 3821/85, since his last daily or weekly rest period. This record shall be entered either manually on a record sheet, a printout or by use of manual input facilities on recording equipment.
Article 7
After a driving period of four and a half hours a driver shall take a break of not less than 45 minutes, unless he takes a rest period.
This break may be replaced by breaks of at least 15 minutes distributed over the driving period or immediately after it in such a way as to comply with paragraph 1 and to ensure that a total of 45 minutes is taken during or immediately after a driving period of four and a half hours.
Article 8
1. A driver shall take daily and weekly rest periods.
2. Within each period of 24 hours after the end of the previous daily rest period or weekly rest period a driver shall have taken a new daily rest period.
If the portion of the daily rest period which falls within that 24 hour period is at least nine hours but less than 12 hours , then the daily rest period in question shall be regarded as a reduced daily rest period.
3. A daily rest period may be extended to make a regular weekly rest period or a reduced weekly rest period.
4. A driver may have at most three reduced daily rest periods between any two weekly rest periods.
5. By way of derogation from paragraph 2, within 30 hours of the end of a daily or weekly rest period, a driver engaged in multi-manning shall have taken a new daily rest period of at least nine hours.
6. In any two consecutive weeks a driver shall take at least:
|
— |
two regular weekly rest periods, or |
|
— |
one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent rest taken en bloc before the end of the third week following the week in question. |
A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period.
7. By way of derogation from the above, in the case of passenger transport the weekly rest period may commence no later than at the end of twelve 24-hour periods following the end of the preceding weekly rest period, in which case two regular weekly rest periods and one reduced weekly rest period shall then be taken together. The total accumulated driving time during these twelve 24-hour periods shall not exceed 90 hours.
8. Any rest taken as compensation for a reduced weekly rest period shall be taken together with another rest period of at least nine hours.
9. Daily rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary.
10. A weekly rest period that falls in two weeks may be counted in either week, but not in both.
Article 9
1. By way of derogation from Article 8, where a driver accompanies a vehicle which is transported by ferry or train, and takes a regular daily rest period, that period may be interrupted not more than twice by other activities not exceeding one hour in total.
2. During the regular daily rest period mentioned in paragraph 1 the driver shall have access to a bunk or couchette.
CHAPTER III
Liability of the undertakings
Article 10
1. A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried.
2. A transport undertaking shall organise the work of drivers referred to in paragraph 1 in such a way that the drivers are able to comply with Regulation (EEC) No 3821/85 and Chapter II of this Regulation. The transport undertaking shall properly instruct the driver and shall make regular checks to ensure that Regulation (EEC) No 3821/85 and Chapter II of this Regulation are complied with.
3. A transport undertaking shall be liable for infringements committed by drivers of the undertaking for its benefit , even if the infringement was committed on the territory of another Member State or a third country.
Without prejudice to the right of Member States to hold transport undertakings fully liable, Member States may make this liability conditional on the undertaking's infringement of paragraphs 1 and 2. Member States may consider any evidence that the transport undertaking cannot reasonably be held responsible for the infringement committed.
4. Undertakings, consignors, freight forwarders, tour operators, prime contractors, subcontractors and driver employment agencies shall ensure that contractually agreed transport time schedules comply with this Regulation.
5. In accordance with Article 9(b) of Directive 2002/15/EC, transport undertakings are obliged to keep records of the working time of drivers. In this context, they shall take the steps required to acquaint themselves with the total time worked, even where drivers are employed by several employers or are only temporarily put at the disposal of the undertaking.
|
6. |
|
CHAPTER IV
Derogations
Article 11
Without prejudice to the implementation of collective or other agreements concluded between the two sides of industry and already in force, a Member State may provide for longer minimum breaks and rest periods or shorter maximum driving times than those laid down in Articles 6 to 9 in the case of carriage by road undertaken wholly within its territory. Nevertheless this Regulation shall remain applicable to drivers engaged in international transport operations.
Article 12
Provided that road safety is not thereby jeopardised and to enable a vehicle to reach a suitable stopping place, a driver may depart from Articles 6 to 9 to the extent necessary to ensure the safety of persons, of the vehicle or its load. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the suitable stopping place.
Article 13
1. Provided that the objectives set out in Article 1 are not prejudiced, each Member State may grant derogations from Articles 5 to 9 on its own territory or, with the agreement of the States concerned, on the territory of another Member State, applicable to carriage by the following:
|
(a) |
vehicles owned or hired without a driver by public authorities to undertake carriage by road which do not compete with private transport undertakings; |
|
(b) |
vehicles used or hired without a driver by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity within a radius of up to 100 kilometres from the base of the undertaking; |
|
(c) |
agricultural tractors and forestry tractors used for agricultural or forestry activities, within a radius of up to 100 kilometres from the base of the undertaking which owns, hires or leases the vehicle; |
|
(d) |
vehicles used by universal service providers as defined in Article 2(13) of Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (10) to deliver items as part of the universal service or used for carrying material or equipment for the driver's use in the course of his work. These vehicles shall be used only within a 50 kilometre radius from the base of the undertaking, and on condition that driving the vehicles does not constitute the driver's main activity. Member States may make such derogations subject to individual conditions ; |
|
(e) |
vehicles operating exclusively on islands not exceeding 2 300 square kilometres in area which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles; |
|
(f) |
vehicles used for the carriage of goods within a 50 kilometre radius from the base of the undertaking and propelled by means of natural or liquefied gas or electricity, the maximum permissible weight of which, including the weight of any trailer or semi-trailer, does not exceed 7,5 tonnes; |
|
(g) |
vehicles used for driving instruction and examination with a view to obtaining a driving licence or a certificate of professional competence, provided that they are not being used for the commercial carriage of goods or passengers; |
|
(h) |
vehicles with between 10 and 17 seats used exclusively for the non-commercial carriage of passengers; |
|
(i) |
specially fitted mobile project vehicles, the primary purpose of which is use as an educational facility when stationary; |
|
(j) |
vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed; |
|
(k) |
specialised vehicles transporting money and/or valuables; |
|
(l) |
vehicles used for carrying animal waste or carcasses which are not intended for human consumption; |
|
(m) |
vehicles used exclusively on roads inside hub facilities such as ports, interports and railway terminals; |
|
(n) |
vehicles used for the carriage of live animals from farms to local markets and vice versa or from markets to local slaughterhouses. |
2. Member States shall inform the Commission of the derogations granted under paragraph 1 and the Commission shall inform the other Member States thereof.
3. Provided that the objectives set out in Article 1 are not prejudiced and adequate protection for drivers is provided, a Member State may, after approval by the Commission, grant on its own territory minor derogations from this Regulation for vehicles used in predefined areas with a population density of less than 5 persons per square kilometre, in the following cases:
|
— |
regular domestic passenger services, where their schedule is confirmed by the authorities (in which case only derogations relating to breaks may be permitted) and |
|
— |
domestic road haulage operations for own account or for hire or reward, which have no impact on the single market and are needed to maintain certain sectors of industry in the territory concerned and where the derogating provisions of this Regulation impose a limiting radius of up to 100 kilometres. |
Carriage by road under this derogation may include a journey to an area with a population density of five persons or more per square kilometre only in order to end or start the journey. Any such measures shall be proportionate in nature and scope.
Article 14
1. Provided that the objectives set out in Article 1 are not prejudiced, Member States may, after authorisation by the Commission, grant derogations from the application of Articles 6 to 9 to transport operations carried out in exceptional circumstances.
2. In urgent cases Member States may grant a temporary derogation for a period not exceeding 30 days, which shall be notified immediately to the Commission.
3. The Commission shall inform the other Member States of any derogation granted pursuant to this Article.
Article 15
Member States shall ensure that drivers of vehicles referred to in Article 3(a) are governed by national rules which provide adequate protection in terms of permitted driving times and mandatory breaks and rest periods.
CHAPTER V
Control procedures and sanctions
Article 16
1. The minimum number of checks to be carried out in the Member States shall be set at at least 2 % of the total of days worked from 1 January 2007, 3 % from 1 January 2009 and 4% from 1 January 2011. The last phase shall only enter into force when the statistics indicate that on average more than 90 % of all inspected vehicles are equipped with a digital tachograph.
2. Where no recording equipment has been fitted to the vehicle in accordance with Regulation (EEC) No 3821/85, paragraphs 3 and 4 of this Article shall apply to:
|
(a) |
regular national passenger services, and |
|
(b) |
regular international passenger services whose route terminals are located within a distance of 50 kilometres as the crow flies from a border between two Member States and whose route length does not exceed 100 kilometres. |
3. A service timetable and a duty roster shall be drawn up by the transport undertaking and shall show, in respect of each driver, the name, place where he is based and the schedule laid down in advance for various periods of driving, other work, breaks and availability.
Each driver assigned to a service referred to in paragraph 2 shall carry an extract from the duty roster and a copy of the service timetable.
4. The duty roster shall:
|
(a) |
include all the particulars specified in paragraph 3 for a minimum period covering the previous 28 days; these particulars must be updated on regular intervals, the duration of which may not exceed one month; |
|
(b) |
be signed by the head of the transport undertaking or by a person authorised to represent him; |
|
(c) |
be kept by the transport undertaking for one year after expiry of the period covered by it. The transport undertaking shall give an extract from the roster to the drivers concerned upon request; and |
|
(d) |
be produced and handed over at the request of an authorised inspecting officer. |
Article 17
1. Member States, using the standard form set out in Decision 93/173/EEC (11), shall communicate the necessary information to the Commission to enable it to draw up every two years a report on the application of this Regulation and Regulation (EEC) No 3821/85 and developments in the fields in question.
2. This information shall be communicated to the Commission not later than 30 September of the year following the end of the two-year period concerned.
3. This report shall state what use has been made of the derogations provided for in Articles 3 and 13. If necessary, the Commission shall then submit a proposal for the amendment of those provisions.
4. The Commission shall forward the report to the European Parliament and to the Council within 13 months of the end of the two-year period concerned.
Article 18
Member States shall adopt such measures as may be necessary for the implementation of this Regulation.
Article 19
1. Member States shall , on a proposal from the Commission, lay down rules on a common range of infringements of this Regulation and Regulation (EEC) No 3821/85 , divided into categories according to their gravity. The Member States shall provide for penalties for such infringements and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non-discriminatory. No infringement of this Regulation and Regulation (EEC) No 3821/85 shall be the subject of more than one penalty or procedure. The Member States shall notify the Commission of these measures and the rules on penalties by the date specified in the second paragraph of Article 29. The Commission shall inform Member States accordingly.
2. A Member State shall enable the competent authorities to impose a penalty on an undertaking and/or a driver for an infringement of this Regulation detected on its territory and for which a penalty has not already been imposed, even where that infringement has been committed on the territory of another Member State or of a third country.
By way of exception, where an infringement is detected:
|
— |
which was not committed on the territory of the Member State concerned, and |
|
— |
which has been committed by an undertaking which is established in, or a driver whose place of employment is, in another Member State or a third country, |
the Member State concerned may, until 1 January 2009, instead of imposing a penalty, notify the facts of the infringement to the competent authority in the Member State or the third country where the undertaking is established or where the driver has his place of employment.
3. Whenever a Member State initiates proceedings or imposes a penalty for a particular infringement, it shall provide the driver with due evidence of this in writing.
4. Member States shall ensure that a system of proportionate penalties, which may include financial penalties, is in force for infringements of this Regulation or Regulation (EEC) No 3821/85 on the part of undertakings, or associated consignors, freight forwarders, tour operators, prime contractors, sub-contractors and driver employment agencies.
Article 20
1. Drivers shall keep any evidence provided by a Member State concerning penalties imposed or the initiation of proceedings until such time as the same infringement of this Regulation can no longer lead to a second proceeding or penalty pursuant to this Regulation.
2. Drivers shall produce the evidence referred to in paragraph 1 upon request.
3. A driver who is employed or at the disposal of more than one transport undertaking shall provide sufficient information to each undertaking to enable it to comply with Chapter II.
Article 21
The penalties applied by the Member States shall include temporary immobilisation of the vehicle concerned until such time as the cause of the infringement has been rectified. Member States may compel the driver to take a daily rest period. Member States may also withdraw, suspend or restrict an undertaking's licence, if the undertaking is established in that Member State, or withdraw, suspend or restrict a driver's driving licence. The Committee referred to in Article 24(1) shall develop guidelines with a view to promoting a harmonised application of this Article.
Article 22
1. Member States shall assist each other in applying this Regulation and in checking compliance herewith.
2. The competent authorities of the Member States shall regularly exchange all available information concerning:
|
(a) |
infringements of the rules set out in Chapter II committed by non-residents and any penalties imposed for such infringements; |
|
(b) |
penalties imposed by a Member State on its residents for such infringements committed in other Member States. |
3. The Member States shall regularly send relevant information concerning their national interpretation and application of this Regulation to the Commission, which will make this information available in electronic form to the other Member States.
4. The Commission shall support dialogue between Member States concerning national interpretation and application of this Regulation. By ... (12), the Commission shall submit a proposal containing uniform rules on interpretation and application, for the benefit of national supervisory authorities.
Article 23
The Community shall enter into any negotiations with third countries which may prove necessary for the purpose of implementing this Regulation.
Article 24
1. The Commission shall be assisted by the committee referred to in Article 18(1) of Regulation (EEC) No 3821/85.
2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
3. The Committee shall adopt its rules of procedure.
Article 25
1. At the request of a Member State, or on its own initiative, the Commission shall:
|
(a) |
examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise and particularly concerning driving times, breaks and rest periods; |
|
(b) |
clarify the provisions of this Regulation, with a view to promoting a common approach. |
2. In the cases referred to in paragraph 1 the Commission shall take a decision on a recommended approach in accordance with the procedure referred to in Article 24(2). The Commission shall communicate its decision to the European Parliament, the Council and the Member States.
CHAPTER VI
Final provisions
Article 26
Regulation (EEC) No 3821/85 is hereby amended as follows:
|
1. |
Article 2 shall be replaced by the following: “Article 2 For the purpose of this Regulation the definitions set out in Article 4 of Regulation (EC) No .../2005 of the European Parliament and of the Council of ... [on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 (13) shall apply. |
|
2. |
Article 3(1), (2) and (3) shall be replaced as follows: “1. Recording equipment shall be installed and used in vehicles registered in a Member State which are used for the carriage of passengers or goods by road except for the vehicles referred to in Articles 3 and 16(2) of Regulation (EC) No .../2005 vehicles which were exempted from the scope of application of Regulation (EEC) No 3820/85 but which are no longer exempted under Regulation (EC) No .../2005 shall have until 31 December 2007 to comply with this requirement. 2. Member States may exempt vehicles mentioned in Articles 13(1) and (3) of Regulation (EC) No .../2005 from application of this Regulation. 3. Member States may, after authorisation by the Commission, exempt from application of this Regulation vehicles used for the transport operations referred to in Article 14 of Regulation (EC) No .../2005.” |
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3. |
Article 14(2) shall be replaced as follows: “2. The undertaking shall keep record sheets and printouts, whenever printouts have been made to comply with Article 15(1), in chronological order and in a legible form for at least a year after their use and shall give copies to the drivers concerned who request them. The undertaking shall also give copies of downloaded data from the driver cards to the drivers concerned who request them and the printed papers of these copies. The record sheets, printouts and downloaded data shall be produced or handed over at the request of any authorised inspecting officer.” |
|
4. |
Article 15 shall be amended as follows:
|
Article 27
Regulation (EC) No 2135/98 is hereby amended as follows:
|
1. |
Article 2(1)(a) shall be replaced by the following:
|
|
2. |
Article 2(2) shall be replaced by the following: “2. Member States shall take the necessary measures to ensure that they are able to issue driver cards at the latest by ... (15). |
Article 28
Regulation (EEC) No 3820/85 is hereby repealed.
Notwithstanding, Article 5(1), (2) and (4) shall continue to apply until the dates set out in Article 15(1) of Directive 2003/59/EC.
Article 29
This Regulation shall enter into force one year after the day of its publication in the Official Journal of the European Union, with the exception of Articles 10(6), 26(3) and (4) and 27, which shall enter into force as from the twentieth day following the day of publication.
It shall apply from ... (16).
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at ..., on ...
For the European Parliament
The President
For the Council
The President
(1) OJ C 221, 17.9.2002, p. 19.
(2) Position of the European Parliament of 14 January 2003 (OJ C 38 E, 12.2.2004, p. 152), Council Common Position of 9 December 2004 (OJ C 63 E, 15.3.2005, p. 11) and Position of the European Parliament of 13 April 2005.
(3) OJ L 370, 31.12.1985, p. 1. Regulation as amended by Directive 2003/59/EC of the European Parliament and of the Council (OJ L 226, 10.9.2003, p. 4).
(4) OJ L 80, 23.3.2002, p. 35.
(5) OJ L 370, 31.12.1985, p. 8. Regulation last amended by Commission Regulation (EC) No 432/2004 (OJ L 71, 10.3.2004, p. 3).
(6) OJ L 184, 17.7.1999, p. 23.
(7) Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (OJ L 226, 10.9.2003, p. 4). Directive as amended by Council Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).
(8) Council Directive 88/599/EEC of 23 November 1988 on standard checking procedures for the implementation of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport and Regulation (EEC) No 3821/85 on recording equipment in road transport (OJ L 325, 29.11.1988, p. 55).
(9) OJ L 74, 20.3.1992, p. 1. Regulation as last amended by the 2003 Act of Accession.
(10) OJ L 15, 21.1.1998, p. 14. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
(11) Commission Decision 93/173/EEC of 22 February 1993 drawing up the standard form provided for by Article 16 of Council Regulation (EEC) No 3820/85 on the harmonisation of cerain social legislation relating to road transport (OJ L 72, 25.3.1993, p. 33).
(12) Two years after the entry into force of this Regulation.
(13) OJ L ...”
(14) OJ L 80, 23.3.2002, p. 35.”
(15) Two months after the entry into force of Regulation (EC) No .../2005 of ... of the European Parliament and the Council [on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98].”
(16) Three months after the date of publication in the Official Journal.
P6_TA(2005)0123
Ecodesign requirements for energy-using products ***II
European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for Energy-Using Products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council (11414/1/2004 — C6-0246/2004 — 2003/0172(COD))
(Codecision procedure: second reading)
The European Parliament,
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— |
having regard to the Council common position (11414/1/2004 — C6-0246/2004) (1), |
|
— |
having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2003)0453) (3), |
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— |
having regard to Article 251(2) of the EC Treaty, |
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— |
having regard to Rule 62 of its Rules of Procedure, |
|
— |
having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0057/2005), |
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1. |
Approves the common position as amended; |
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2. |
Instructs its President to forward its position to the Council and Commission. |
(1) OJ C 38 E, 15.2.2005, p. 45.
(2) Texts Adopted, 20.4.2004, P5_TA(2004)0302.
(3) Not yet published in OJ.
P6_TC2-COD(2003)0172
Position of the European Parliament adopted at second reading on 13 April 2005 with a view to the adoption of Directive 2005/.../EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for Energy-Using Products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
|
(1) |
The disparities between the laws or administrative measures adopted by the Member States in relation to the ecodesign of energy using products can create barriers to trade and distort competition in the Community and may thus have a direct impact on the establishment and functioning of the internal market. The harmonisation of national laws is the only means to prevent such barriers to trade and unfair competition. |
|
(2) |
Energy using products (“EuPs”) account for a large proportion of the consumption of natural resources and energy in the Community. They also have a number of other important environmental impacts. For the vast majority of product categories available on the Community market, very different degrees of environmental impact can be noted though they provide similar functional performances. In the interest of sustainable development, continuous improvement in the overall environmental impact of those products should be encouraged, notably by identifying the major sources of negative environmental impacts and avoiding transfer of pollution, when this improvement does not entail excessive costs. |
|
(3) |
The ecodesign of products is a crucial factor in the Community strategy on Integrated Product Policy. As a preventive approach, designed to optimise the environmental performance of products, while maintaining their functional qualities, it provides genuine new opportunities for manufacturers, for consumers and for society as a whole. |
|
(4) |
Energy efficiency improvement — with one of the available options being more efficient end use of electricity — is regarded as contributing substantially to the achievement of greenhouse gas emission targets in the Community. Electricity demand is the fastest growing energy end use category and is projected to grow within the next 20 to 30 years, in the absence of any policy action to counteract this trend. A significant reduction in energy consumption as suggested by the Commission in its European Climate Change Programme (ECCP) is possible. Climate change is one of the priorities of the Sixth Community Environment Action Programme, laid down by Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 (3). Energy saving is the most cost effective way to increase security of supply and reduce import dependency. Therefore, substantial demand side measures and targets should be adopted. |
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(5) |
Action should be taken during the design phase of EuPs, since it appears that the pollution caused during a product's life cycle is determined at that stage, and most of the costs involved are committed then. |
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(6) |
A coherent framework for the application of Community ecodesign requirements for EuPs should be established with the aim of ensuring the free movement of those products which comply and of improving their overall environmental impact. Such Community requirements should respect the principles of fair competition and international trade. |
|
(7) |
Ecodesign requirements should be set bearing in mind the goals and priorities of the Sixth Community Environment Action Programme, including as appropriate applicable goals of the relevant thematic strategies of that Programme. |
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(8) |
This Directive seeks to achieve a high level of protection for the environment by reducing the potential environmental impact of EuPs, which will ultimately be beneficial to consumers and other end-users. Sustainable development also requires proper consideration of the health, social and economic impact of the measures envisaged. Improving the energy efficiency of products contributes to the security of the energy supply, which is a precondition of sound economic activity and therefore of sustainable development. |
|
(9) |
A Member State deeming it necessary to maintain national provisions on grounds of major needs relating to the protection of the environment, or to introduce new ones based on new scientific evidence relating to the protection of the environment on grounds of a problem specific to that Member State arising after the adoption of the applicable implementing measure, may do so following the conditions laid down in Article 95(4), (5) and (6) of the Treaty, that provides for a prior notification to and approval from the Commission. |
|
(10) |
In order to maximise the environmental benefits from improved design it may be necessary to inform consumers about the environmental characteristics and performance of EuPs and to advise them about how to use products in a manner which is environmentally friendly. |
|
(11) |
The approach set out in the Green Paper on Integrated Product Policy, which is a major innovative element of the Sixth Community Environment Action Programme, aims to reduce the environmental impacts of products across the whole of their life cycle. Considering at the design stage a product's environmental impact throughout its whole life cycle has a high potential to facilitate environmental improvement in a cost-effective way. There should be sufficient flexibility to enable this factor to be integrated in product design whilst taking account of technical, functional and economic considerations. |
|
(12) |
Although a comprehensive approach to environmental performance is desirable, greenhouse gas mitigation through increased energy efficiency should be considered a priority environmental goal pending the adoption of a working plan. |
|
(13) |
It may be necessary and justified to establish specific quantified ecodesign requirements for some products or environmental aspects thereof in order to ensure that their environmental impact is minimised. Given the urgent need to contribute to the achievement of the commitments in the framework of the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC), and without prejudice to the integrated approach promoted in this Directive, some priority should be given to those measures with a high potential for reducing greenhouse gas emissions at low cost. Such measures can also contribute to a sustainable use of resources and constitute a major contribution to the ten-year framework of programmes on sustainable production and consumption agreed at the World Summit on Sustainable Development in Johannesburg in September 2002. |
|
(14) |
As a general principle, the energy consumption of EuPs in stand-by or off-mode should be reduced to the minimum necessary for their proper functioning. |
|
(15) |
While the best-performing products or technologies available on the market, including on international markets, should be taken as reference, the level of ecodesign requirements should be established on the basis of technical, economic and environmental analysis. Flexibility in the method for establishing the level of requirements can make swift improvement of environmental performance easier. Interested parties involved should be consulted and cooperate actively in this analysis. The setting of mandatory measures requires proper consultation of the parties involved. Such consultation may highlight the need for a phased introduction or transitional measures. The introduction of interim targets increases the predictability of the policy, allows for accommodating product development cycles and facilitates long term planning for interested parties. |
|
(16) |
Priority should be given to alternative courses of action such as self-regulation by the industry where such action is likely to deliver the policy objectives faster or in a less costly manner than mandatory requirements. Legislative measures may be needed where market forces fail to evolve in the right direction or at an acceptable speed. |
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(17) |
Self-regulation, including voluntary agreements offered as unilateral commitments by industry, can provide for quick progress due to rapid and cost-effective implementation, and allows for flexible and appropriate adaptation to technological options and market sensitivities. |
|
(18) |
For the assessment of voluntary agreements or other self-regulation measures presented as alternatives to implementing measures, information on at least the following issues should be available: Openness of participation, added value, representativeness, quantified and staged objectives, involvement of civil society, monitoring and reporting, cost-effectiveness of administering a self-regulatory initiative, sustainability. |
|
(19) |
Chapter 6 of the Commission's “Communication on Environmental Agreements at Community level within the Framework of the Action Plan on the Simplification and Improvement of the Regulatory Environment” could provide useful guidance when assessing self-regulation by industry in the context of this Directive. |
|
(20) |
This Directive should also encourage the integration of ecodesign in small and medium-sized enterprises (SMEs) and very small firms. Such integration could be facilitated by wide availability of and easy access to information relating to the sustainability of their products. |
|
(21) |
EuPs complying with the ecodesign requirements laid down in implementing measures to this Directive should bear the “CE” marking and associated information, in order to enable them to be placed on the internal market and move freely. The rigorous enforcement of implementing measures is necessary to reduce the environmental impact of regulated EuPs and to ensure fair competition. |
|
(22) |
When preparing implementing measures and its working plan the Commission should consult Member States' representatives as well as interested parties concerned with the product group, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations. |
|
(23) |
When preparing implementing measures, the Commission should also take due account of existing national environmental legislation, in particular concerning toxic substances, which Member States have indicated that they consider should be preserved, without reducing the existing and justified levels of protection in the Member States. |
|
(24) |
Regard should be given to the modules and rules intended for use in technical harmonisation Directives set out in Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking (4). |
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(25) |
Surveillance authorities should exchange information on the measures envisaged within the scope of this Directive with a view to improving surveillance of the market. Such cooperation should make the utmost use of electronic means of communication and relevant Community programmes. The exchange of information on environmental life-cycle performance and on the achievements of design solutions should be facilitated. The accumulation and dissemination of the body of knowledge generated by the ecodesign efforts of manufacturers is one of the crucial benefits of this Directive. |
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(26) |
A competent body is usually a public or private body, designated by the public authorities, and presenting the necessary guarantees for impartiality and availability of technical expertise for carrying out verification of the product with regard to its compliance with the applicable implementing measures. |
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(27) |
Noting the importance of avoiding non-compliance, Member States should ensure that the necessary means are available for effective market surveillance. |
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(28) |
In respect of training and information on ecodesign for SMEs, it may be appropriate to consider accompanying activities. |
|
(29) |
It is in the interest of the functioning of the internal market to have standards which have been harmonised at Community level. Once the reference to such a standard has been published in the Official Journal of the European Union, compliance with it should raise a presumption of conformity with the corresponding requirements set out in the implementing measure adopted on the basis of this Directive, although other means of demonstrating such conformity should be permitted. |
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(30) |
One of the main roles of harmonised standards should be to help manufacturers in applying the implementing measures adopted under this Directive. Such standards could be essential in establishing measuring and testing methods. In the case of generic ecodesign requirements harmonised standards could contribute considerably to guiding manufacturers in establishing the ecological profile of their products in accordance with the requirements of the applicable implementing measure. These standards should clearly indicate the relationship between their clauses and the requirements dealt with. The purpose of harmonised standards should not be to fix limits for environmental aspects. |
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(31) |
For the purpose of definitions used in this Directive it is useful to refer to relevant international standards such as ISO 14040. |
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(32) |
This Directive is in accordance with certain principles for the implementation of the new approach as set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards (5) and of making reference to harmonised European standards. The Council Resolution of 28 October 1999 on the role of standardisation in Europe (6) recommended that the Commission should examine whether the New Approach principle could be extended to sectors not yet covered as a means of improving and simplifying legislation wherever possible. |
|
(33) |
This Directive is complementary to existing Community instruments such as Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances (7), Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community ecolabel award scheme (8), Regulation (EC) No 2422/2001 of the European Parliament and of the Council of 6 November 2001 on a Community energy efficiency labelling programme for office equipment (9), Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (10), Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (11) and Council Directive 76/769/EEC of 27 July 1976 relating to restrictions on the marketing and use of certain dangerous substances and preparations (12). Synergies between this Directive and the existing Community instruments should contribute to increasing their respective impacts and building coherent requirements for manufacturers to apply. |
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(34) |
Since Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels (13), Directive 96/57/EC of the European Parliament and of the Council of 3 September 1996 on energy efficiency requirements for household electric refrigerators, freezers and combinations thereof (14) and Directive 2000/55/EC of the European Parliament and of the Council of 18 September 2000 on energy efficiency requirements for ballasts for fluorescent lighting (15) already contain provisions for the revision of the energy efficiency requirements, they should be integrated into the present framework. |
|
(35) |
Directive 92/42/EEC provides for a star rating system intended to ascertain the energy performance of boilers. Since Member States and the industry agree that the star rating system has proved not to deliver the expected result, Directive 92/42/EEC should be amended to open the way for more effective schemes. |
|
(36) |
The requirements laid down in Council Directive 78/170/EEC of 13 February 1978 on the performance of heat generators for space heating and the production of hot water in new or existing nonindustrial buildings and on the insulation of heat and domestic hot-water distribution in new nonindustrial buildings (16) have been superseded by provisions of Directive 92/42/EEC, Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels (17) and Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (18). Directive 78/170/EEC should therefore be repealed. |
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(37) |
Council Directive 86/594/EEC of 1 December 1986 on airborne noise emitted by household appliances (19) lays down the conditions under which publication of information on the noise emitted by such appliances may be required by Member States, and defines a procedure to determine the level of noise. For harmonisation purposes noise emissions should be included in an integrated assessment of environmental performance. Since this Directive provides for such an integrated approach, Directive 86/594/EEC should be repealed. |
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(38) |
The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (20). |
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(39) |
Member States should determine the penalties to be applied in the event of infringements of the national provisions adopted pursuant to this Directive. Those penalties should be effective, proportionate and dissuasive. |
|
(40) |
It should be remembered that paragraph 34 of the Interinstitutional agreement on better lawmaking (21) states that the Council “will encourage the Member States to draw up, for themselves and in the interests of the Community, their own tables which will, as far as possible, illustrate the correlation between directives and the transposition measures and to make them public.” |
|
(41) |
Since the objective of the proposed action, namely to ensure the functioning of the internal market by requiring products to reach an adequate level of environmental performance, cannot be sufficiently achieved by Member States acting alone and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective, |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Subject matter and scope
1. This Directive establishes a framework for the setting of Community ecodesign requirements for energy using products with the aim of ensuring the free movement of those products within the internal market.
2. This Directive provides for the setting of requirements which the energy using products covered by implementing measures must fulfil in order for them to be placed on the market and/or put into service. It contributes to sustainable development by increasing energy efficiency and the level of protection of the environment, while at the same time increasing the security of the energy supply.
3. This Directive shall not apply to means of transport for persons or goods.
4. This Directive and the implementing measures adopted pursuant to it shall be without prejudice to Community waste management legislation and Community chemicals legislation, including Community legislation on fluorinated greenhouse gases.
Article 2
Definitions
For the purposes of this Directive the following definitions shall apply:
|
1) |
“Energy-using Product” or “EuP” means a product which, once placed on the market and/or put into service, is dependent on energy input (electricity, fossil fuels and renewable energy sources) to work as intended, or a product for the generation, transfer and measurement of such energy, including parts dependent on energy input and intended to be incorporated into an EuP covered by this Directive which are placed on the market and/or put into service as individual parts for end-users and of which the environmental performance can be assessed independently; |
|
2) |
“Components and sub-assemblies” means parts intended to be incorporated into EuPs, and which are not placed on the market and/or put into service as individual parts for end-users or the environmental performance of which cannot be assessed independently; |
|
3) |
“Implementing measures” means measures adopted pursuant to this Directive laying down ecodesign requirements for defined EuPs or for environmental aspects thereof; |
|
4) |
“Placing on the market” means making an EuP available for the first time on the Community market with a view to its distribution or use within the Community whether for reward or free of charge and irrespective of the selling technique; |
|
5) |
“Putting into service” means the first use of an EuP for its intended purpose by an end-user in the Community; |
|
6) |
“Manufacturer” means the natural or legal person who manufactures EuPs covered by this Directive and is responsible for their conformity with this Directive in view of their being placed on the market and/or put into service under the manufacturer's own name or trademark or for the manufacturer's own use. In the absence of a manufacturer as defined in the first sentence or of an importer as defined in point 8 , any natural or legal person who places on the market and/or puts into service EuPs covered by this Directive shall be considered a manufacturer; |
|
7) |
“Authorised representative” means any natural or legal person established in the Community who has received a written mandate from the manufacturer to perform on his behalf all or part of the obligations and formalities connected with this Directive; |
|
8) |
“Importer” means any natural or legal person established in the Community who places a product from a third country on the Community market in the course of his business; |
|
9) |
“Materials” means all materials used during the life cycle of an EuP; |
|
10) |
“Product design” means the set of processes that transform legal, technical, safety, functional, market or other requirements to be met by an EuP into the technical specification for that EuP; |
|
11) |
“Environmental aspect” means an element or function of an EuP that can interact with the environment during its life cycle; |
|
12) |
“Environmental impact” means any change to the environment wholly or partially resulting from an EuP during its life cycle; |
|
13) |
“Life cycle” means the consecutive and interlinked stages of an EuP from raw material use to final disposal; |
|
14) |
“Reuse” means any operation by which an EuP or its components, having reached the end of their first use, are used for the same purpose for which they were conceived, including the continued use of an EuP which is returned to a collection point, distributor, recycler or manufacturer, as well as re-use of an EuP following refurbishment; |
|
15) |
“Recycling” means the reprocessing in a production process of waste materials for the original purpose or for other purposes but excluding energy recovery; |
|
16) |
“Energy recovery” means the use of combustible waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat; |
|
17) |
“Recovery” means any of the applicable operations provided for in Annex II B to Council Directive 75/442/EEC of 15 July 1975 on waste (22); |
|
18) |
“Waste” means any substance or object in the categories set out in Annex I to Directive 75/442/EEC which the holder discards or intends or is required to discard; |
|
19) |
“Hazardous waste” means any waste which is covered by Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (23); |
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20) |
“Ecological profile” means a description, in accordance with the implementing measure applicable to the EuP, of the inputs and outputs (such as materials, emissions and waste) associated with an EuP throughout its life cycle which are significant from the point of view of its environmental impact and are expressed in physical quantities that can be measured; |
|
21) |
“Environmental performance” of an EuP means the results of the manufacturer's management of the environmental aspects of the EuP, as reflected in its technical documentation file; |
|
22) |
“Improvement of the environmental performance” means the process of enhancing the environmental performance of an EuP over successive generations, although not necessarily in respect of all environmental aspects of the product simultaneously; |
|
23) |
“Ecodesign” means the integration of environmental aspects into product design with the aim of improving the environmental performance of the EuP throughout its whole life cycle; |
|
24) |
“Ecodesign requirement” means any requirement in relation to an EuP, or the design of an EuP, intended to improve its environmental performance, or any requirement for the supply of information with regard to the environmental aspects of an EuP; |
|
25) |
“Generic ecodesign requirement” means any ecodesign requirement based on the ecological profile as a whole of an EuP without set limit values for particular environmental aspects; |
|
26) |
“Specific ecodesign requirement” means a quantified and measurable ecodesign requirement relating to a particular environmental aspect of an EuP, such as energy consumption during use, calculated for a given unit of output performance; |
|
27) |
“Harmonised standard” means a technical specification adopted by a recognised standards body under a mandate from the Commission, in accordance with 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 (24), for the purpose of establishing a European requirement, compliance with which is not compulsory. |
Article 3
Placing on the market and/or putting into service
1. Member States shall take all appropriate measures to ensure that EuPs covered by implementing measures may be placed on the market and/or put into service only if they comply with those measures and bear the CE marking in accordance with Article 5.
2. Member States shall designate the authorities responsible for market surveillance. They shall arrange for such authorities to have and use the necessary powers to take the appropriate measures incumbent upon them under this Directive. Member States shall define the tasks, powers and organisational arrangements of the competent authorities which shall be entitled:
|
(i) |
to organise appropriate checks on EuP compliance, on an adequate scale, and to oblige the manufacturer or its authorised representative to recall non-compliant EuPs from the market in accordance with Article 7; |
|
(ii) |
to require the provision of all necessary information by the parties concerned, as specified in implementing measures; |
|
(iii) |
to take samples of products and subject them to compliance checks. |
3. Member States shall keep the Commission informed about the results of the market surveillance, and where appropriate the Commission shall pass on such information to the other Member States.
4. Member States shall ensure that consumers and other interested parties are given an opportunity to submit observations on product compliance to the competent authorities.
Article 4
Responsibilities of the importer
Where the manufacturer is not established within the Community and in the absence of an authorised representative, the obligation
|
— |
to ensure that the EuP placed on the market or put into service complies with this Directive and the applicable implementing measure, |
|
— |
to keep the declaration of conformity and the technical documentation available, shall lie with the importer. |
Article 5
Marking and declaration of conformity
1. Before an EuP covered by implementing measures is placed on the market and/or put into service, a CE conformity marking shall be affixed and a declaration of conformity issued whereby the manufacturer or its authorised representative ensures and declares that the EuP complies with all relevant provisions of the applicable implementing measure.
2. The CE conformity marking consists of the initials “CE” as shown in Annex III.
3. The declaration of conformity shall contain the elements specified in Annex VI and shall refer to the appropriate implementing measure.
4. The affixing of markings on an EuP which are likely to mislead users as to the meaning or form of the CE marking shall be prohibited.
5. Member States may require the information to be supplied pursuant to Annex I, Part 2 to be in their official language(s) when the EuP reaches the end-user.
Member States shall also authorise the provision of this information in one or more other official Community language(s).
When applying the first subparagraph, Member States shall take into account in particular:
|
(a) |
whether the information can be supplied by harmonised symbols or recognised codes or other measures; |
|
(b) |
the type of user anticipated for the EuP and the nature of the information which is to be provided. |
Article 6
Free movement
1. Member States shall not prohibit, restrict or impede the placing on the market and/or putting into service, within their territories, on grounds of ecodesign requirements relating to those ecodesign parameters referred to in Annex I, part 1 which are covered by the applicable implementing measure, of an EuP that complies with all the relevant provisions of the applicable implementing measure and bears the CE marking in accordance with Article 5.
2. Member States shall not prohibit, restrict or impede the placing on the market and/or putting into service, within their territories, of an EuP bearing the CE marking in accordance with Article 5 on grounds of ecodesign requirements relating to those ecodesign parameters referred to in Annex I, Part 1 for which the applicable implementing measure provides that no ecodesign requirement is necessary.
3. Member States shall not prevent the display, for example at trade fairs, exhibitions and demonstrations, of EuPs which are not in conformity with the provisions of the applicable implementing measure, provided that there is a visible indication that they may not be placed on the market and/or put into service until brought into conformity.
Article 7
Safeguard clause
1. Where a Member State ascertains that an EuP bearing the CE marking referred to in Article 5 and used in accordance with its intended use does not comply with all the relevant provisions of the applicable implementing measure, the manufacturer or its authorised representative shall be obliged to make the EuP comply with the provisions of the applicable implementing measure and/or with the CE marking and to end the infringement under conditions imposed by the Member State.
Where there is sufficient evidence that an EuP might be non-compliant, the Member State shall take the necessary measures which, depending on the gravity of the non-compliance, can go as far as the prohibition of the placing on the market of the EuP until compliance is established.
Where non-compliance continues, the Member State shall take a decision restricting or prohibiting the placing on the market and/or putting into service of the EuP in question or ensure that it is withdrawn from the market.
In cases of prohibition or withdrawal from the market, the Commission and the other Member States shall be immediately informed.
2. Any decision by a Member State pursuant to this Directive which restricts or prohibits the placing on the market and/or the putting into service of an EuP shall state the grounds on which it is based.
Such decision shall be notified forthwith to the party concerned, who shall at the same time be informed of the legal remedies available under the laws in force in the Member State concerned and of the time limits to which such remedies are subject.
3. The Member State shall immediately inform the Commission and the other Member States of any decision taken pursuant to paragraph 1, indicating the reasons therefor, and, in particular, whether noncompliance is due to:
|
(a) |
failure to satisfy the requirements of the applicable implementing measure; |
|
(b) |
incorrect application of harmonised standards as referred to in Article 10(2); |
|
(c) |
shortcomings in harmonised standards as referred to in Article 10(2). |
4. The Commission shall enter into consultation with the parties concerned without delay and may draw upon technical advice from independent external experts.
Following that consultation, the Commission shall immediately inform the Member State which took the decision and the other Member States of its views.
Where the Commission considers that the decision is unjustified, it shall immediately inform the Member States to that effect.
5. Where the decision referred to in paragraph 1 is based on a shortcoming in a harmonised standard, the Commission shall immediately initiate the procedure set out in Article 10(2), (3) and (4). The Commission shall at the same time inform the Committee referred to in Article 19(1).
6. The Member States and the Commission shall take the necessary measures to guarantee confidentiality with regard to information provided during that procedure, where justified.
7. The decisions taken by Member States pursuant to this Article shall be made public, in a transparent way.
8. The Commission's opinion on those decisions shall be published in the Official Journal of the European Union.
Article 8
Conformity assessment
1. Before placing an EuP covered by implementing measures on the market and/or putting such an EuP into service, the manufacturer or its authorised representative shall ensure that an assessment of the EuP's conformity with all the relevant requirements of the applicable implementing measure is carried out.
2. The conformity assessment procedures shall be specified by the implementing measures and shall leave to manufacturers the choice between the internal design control set out in Annex IV and the management system set out in Annex V. When duly justified and proportionate to the risk, the conformity assessment procedure shall be specified among relevant modules as described in Decision 93/465/EEC.
If a Member State has strong indications of probable non-compliance of an EuP, this Member State shall as soon as possible publish a substantiated assessment of the EuP's compliance which may be conducted by a competent body in order to allow timely corrective action, if any.
If an EuP covered by implementing measures is designed by an organisation registered in accordance with Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (25) and the design function is included within the scope of that registration, the management system of that organisation shall be presumed to comply with the requirements of Annex V to this Directive.
If an EuP covered by implementing measures is designed by an organisation having a management system which includes the product design function and which is implemented in accordance with harmonised standards the reference numbers of which have been published in the Official Journal of the European Union, that management system shall be presumed to comply with the corresponding requirements of Annex V.
3. After placing an EuP covered by implementing measures on the market or putting it into service, the manufacturer or its authorised representative shall keep relevant documents relating to the conformity assessment performed and declarations of conformity issued available for inspection by Member States for a period of 10 years after the last of that EuP has been manufactured.
The relevant documents shall be made available within 10 days upon receipt of a request by the competent authority of a Member State.
4. Documents relating to the conformity assessment and declaration of conformity referred to in Article 5 shall be drawn up in one of the official languages of the Community.
Article 9
Presumption of conformity
1. Member States shall regard an EuP bearing the CE marking referred to in Article 5 as conforming to the relevant provisions of the applicable implementing measure.
2. Member States shall regard an EuP for which harmonised standards have been applied, the reference numbers of which have been published in the Official Journal of the European Union, as conforming to all the relevant requirements of the applicable implementing measure to which such standards relate.
3. EuPs which have been awarded the Community eco-label pursuant to Regulation (EC) No 1980/2000 shall be presumed to comply with the ecodesign requirements of the applicable implementing measure insofar as those requirements are met by the eco-label.
4. For the purposes of the presumption of conformity in the context of this Directive, the Commission, acting in accordance with the procedure referred to in Article 19(2), may decide that other eco-labels fulfil equivalent conditions to the Community eco-label pursuant to Regulation (EC) No 1980/2000. EuPs which have been awarded such other eco-labels shall be presumed to comply with the ecodesign requirements of the applicable implementing measure, insofar as those requirements are met by that eco-label.
Article 10
Harmonised Standards
1. Member States shall, to the extent possible, ensure that appropriate measures are taken to enable interested parties to be consulted at national level on the process of preparing and monitoring harmonised standards.
2. Where a Member State or the Commission considers that harmonised standards the application of which is presumed to satisfy specific provisions of an applicable implementing measure do not entirely satisfy those provisions, the Member State concerned or the Commission shall inform the Standing Committee set up under Article 5 of Directive 98/34/EC to that effect, giving the reasons. The Committee shall issue an opinion as a matter of urgency.
3. In the light of that Committee's opinion, the Commission shall decide to publish, not to publish, to publish with restriction, to maintain or to withdraw the references to the harmonised standards concerned in the Official Journal of the European Union.
4. The Commission shall inform the European standardisation body concerned and, if necessary, issue a new mandate with a view to revision of the harmonised standards concerned.
Article 11
Requirements for components and sub-assemblies
Implementing measures may require manufacturers or their authorised representatives placing components and sub-assemblies on the market and/or putting them into service to provide the manufacturer of an EuP covered by implementing measures with relevant information on the material composition and the consumption of energy, materials and/or resources of the components or sub-assemblies.
Article 12
Administrative cooperation and exchange of information
1. Member States shall ensure that appropriate measures are taken in order to encourage the authorities responsible for implementing this Directive to cooperate with each other and provide each other and the Commission with information in order to assist the operation of this Directive and in particular, assist in the implementation of Article 7.
The administrative cooperation and exchange of information shall take utmost advantage of electronic means of communication and may be supported by relevant Community programmes.
Member States shall inform the Commission of the authorities responsible for applying this Directive.
2. The precise nature and structure of the exchange of information between the Commission and Member States shall be decided in accordance with the procedure referred to in Article 19(2).
3. The Commission shall take appropriate measures in order to encourage and contribute to the cooperation between Member States referred to in this Article.
Article 13
Small and Medium-sized Enterprises
1. In the context of programmes from which SMEs and very small firms can benefit, the Commission shall take into account initiatives which help SMEs and very small firms to integrate environmental aspects including energy efficiency when designing their products.
2. Member States shall ensure, in particular by strengthening support networks and structures, that they encourage SMEs and very small firms to adopt an environmentally sound approach as early as at the product design stage and to adapt to future European legislation.
Article 14
Consumer Information
In accordance with the applicable implementing measure, manufacturers shall ensure, in the form they deem appropriate, that consumers of EuPs are provided with:
|
— |
the requisite information on the role that they can play in the sustainable use of the product; |
|
— |
when required by the implementing measures, the ecological profile of the product and the benefits of ecodesign. |
Article 15
Implementing measures
1. When an EuP meets the criteria listed under paragraph 2, it shall be covered by an implementing measure or by a self-regulation measure in accordance with paragraph 3(b). When the Commission adopts implementing measures, it shall act in accordance with the procedure referred to in Article 19(2).
2. The criteria referred to in paragraph 1 are as follows :
|
(a) |
the EuP shall represent a significant volume of sales and trade, indicatively more than 200 000 units a year within the Community according to most recently available figures; |
|
(b) |
the EuP shall, considering the quantities placed on the market and/or put into service, have a significant environmental impact within the Community, as specified in Community strategic priorities as set out in Decision No 1600/2002/EC; |
|
(c) |
the EuP shall present significant potential for improvement in terms of its environmental impact without entailing excessive costs , taking into account in particular :
|
3. In preparing a draft implementing measure the Commission shall take into account any views expressed by the Committee referred to in Article 19(1) and shall further take into account:
|
(a) |
Community environmental priorities, such as those set out in Decision No 1600/2002/EC or in the Commission's European Climate Change Programme (ECCP); |
|
(b) |
relevant Community legislation and self-regulation, such as voluntary agreements, which, following an assessment in accordance with Article 17, are expected to achieve the policy objectives more quickly or at lesser expense than mandatory requirements. |
4. In preparing a draft implementing measure the Commission shall:
|
(a) |
consider the life cycle of the EuP and all its significant environmental aspects, inter alia energy efficiency. The depth of analysis of the environmental aspects and of the feasibility of their improvement shall be proportionate to their significance. The adoption of ecodesign requirements on the significant environmental aspects of an EuP shall not be unduly delayed by uncertainties regarding the other aspects; |
|
(b) |
carry out an assessment, which will consider the impact on environment, consumers and manufacturers, including SMEs, in terms of competitiveness including on markets outside the Community , innovation, market access and costs and benefits; |
|
(c) |
take into account existing national environmental legislation that Member States consider relevant; |
|
(d) |
carry out appropriate consultation with stakeholders; |
|
(e) |
prepare an explanatory memorandum of the draft implementing measure based on the assessment referred to in point (b); |
|
(f) |
set implementing date(s), any staged or transitional measure or periods, taking into account in particular possible impacts on SMEs or on specific product groups manufactured primarily by SMEs. |
5. Implementing measures shall meet all the following criteria:
|
(a) |
there shall be no significant negative impact on the functionality of the product, from the perspective of the user; |
|
(b) |
health, safety and the environment shall not be adversely affected; |
|
(c) |
there shall be no significant negative impact on consumers in particular as regards the affordability and the life-cycle cost of the product; |
|
(d) |
there shall be no significant negative impact on industry's competitiveness ; |
|
(e) |
in principle, the setting of an ecodesign requirement shall not have the consequence of imposing proprietary technology on manufacturers; |
|
(f) |
no excessive administrative burden shall be imposed on manufacturers. |
6. Implementing measures shall lay down ecodesign requirements in accordance with Annex I and/or Annex II.
Specific ecodesign requirements shall be introduced for selected environmental aspects which have a significant environmental impact.
Implementing measures may also provide that no ecodesign requirement is necessary for certain specified ecodesign parameters referred to in Annex I, part 1.
7. The requirements shall be formulated so as to ensure that market surveillance authorities can verify the conformity of the EuP with the requirements of the implementing measure. The implementing measure shall specify whether verification can be achieved directly on the EuP or on the basis of the technical documentation.
8. Implementing measures shall include the elements listed in Annex VII.
9. Relevant studies and analyses used by the Commission in preparing implementing measures should be made publicly available , taking into account in particular easy access and use by interested SMEs.
10. Where appropriate, an implementing measure laying down ecodesign requirements shall be accompanied by guidelines, to be adopted by the Commission in accordance with Article 19(2), on the balancing of the various environmental aspects ; these guidelines will cover specificities of the SMEs active in the product sector affected by the implementing measure. If necessary and in accordance with Article 13(1), further specialised material may be produced by the Commission for facilitating implementation by SMEs .
Article 16
Working plan
1. In accordance with the criteria set out in Article 15 and having consulted the Consultation Forum referred to in Article 18, the Commission shall not later than ... (26) establish a working plan which shall be made publicly available.
The working plan shall set out for the following three years an indicative list of product groups which will be considered as priorities for the adoption of implementing measures.
The working plan shall be amended periodically by the Commission after consultation with the Consultation Forum.
2. However, during the transitional period, while the first working plan referred to in paragraph 1 is being established, the Commission shall , in accordance with the procedure laid down in Article 19(2) and the criteria set out in Article 15, and after consulting the Consultation Forum, as appropriate introduce by anticipation:
|
— |
implementing measures starting with those products which have been identified by the ECCP as offering a high potential for cost-effective reduction of greenhouse gas emissions , such as heating and water heating equipment, electric motor systems, lighting in both the domestic and tertiary sectors, domestic appliances, office equipment in both the domestic and tertiary sectors, consumer electronics and HVAC (heating ventilating air conditioning) systems; |
|
— |
a separate implementing measure reducing stand-by losses for a group of products. |
Article 17
Self-regulation
Voluntary agreements or other self-regulation measures presented as alternatives to implementing measures in the context of this Directive shall be assessed at least on the basis of Annex VIII.
Article 18
Consultation Forum
The Commission shall ensure that in the conduct of its activities it observes, in respect of each implementing measure, a balanced participation of Member States' representatives and all interested parties concerned with the product/product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations. These parties shall contribute, in particular, to defining and reviewing implementing measures, to examining the effectiveness of the established market surveillance mechanisms, and to assessing voluntary agreements and other self-regulation measures. These parties shall meet in a Consultation Forum. The rules of procedure of the Forum shall be established by the Commission.
Article 19
Committee procedure
1. The Commission shall be assisted by a Committee.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its Rules of Procedure.
Article 20
Penalties
The Member States shall determine the penalties applicable to breaches of the national provisions adopted pursuant to this Directive. The penalties shall be effective, proportionate and dissuasive, taking into account the extent of non-compliance and the number of units of non-complying products placed on the Community market.
Article 21
Amendments
1. Directive 92/42/EEC is hereby amended as follows:
|
(1) |
Article 6 shall be deleted. |
|
(2) |
The following Article shall be inserted: “Article 10a This Directive constitutes an implementing measure within the meaning of Article 15 of Directive xx/xx (27), with regard to energy efficiency during use, in accordance with that Directive, and may be amended or repealed in accordance with Article 19(2) of Directive xx/xx (27). |
|
(3) |
Annex I, section 2, shall be deleted. |
|
(4) |
Annex II shall be deleted. |
2. Directive 96/57/EC is hereby amended as follows:
The following Article shall be inserted:
“Article 9a
This Directive constitutes an implementing measure within the meaning of Article 15 of Directive xx/xx (28), with regard to energy efficiency during use, in accordance with that Directive, and may be amended or repealed in accordance with Article 19(2) of Directive xx/xx (28).
3. Directive 2000/55/EC is hereby amended as follows:
The following Article shall be inserted:
“Article 9a
This Directive constitutes an implementing measure within the meaning of Article 15 of Directive xx/xx (29), with regard to energy efficiency during use, in accordance with that Directive, and may be amended or repealed in accordance with Article 19(2) of Directive xx/xx (29).
Article 22
Repeals
Directives 78/170/EEC and 86/594/EEC are repealed. Member States may continue to apply existing national measures adopted under Directive 86/594/EEC until such time as implementing measures for the products concerned are adopted under this Directive.
Article 23
Review
Not later than ... (30) the Commission shall review the effectiveness of this Directive and of its implementing measures, the threshold for implementing measures, market surveillance mechanisms and any relevant selfregulation stimulated, after consultation of the Consultation Forum referred to in Article 18, and, as appropriate, present proposals to the European Parliament and the Council for amending this Directive.
Article 24
Confidentiality
Requirements relating to the supply of information referred to in Article 11 and Annex I, part 2, by the manufacturer and/or its authorised representative shall be proportionate and shall take into account the legitimate confidentiality of commercially sensitive information.
Article 25
Implementation
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before ... (31).
They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 26
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 27
Addressees
This Directive is addressed to the Member States.
Done at ..., on ...
For the European Parliament
The President
For the Council
The President
(1) OJ C 112, 30.4.2004, p. 25.
(2) Position of the European Parliament of 20 April 2004(OJ C 104 E, 30.4.2004, p. 319), Council Common Position of 29 November 2004 (OJ C 38 E, 15.2.2005, p. 45) and Position of the European Parliament of 13 April 2005.
(3) OJ L 242, 10.9.2002, p. 1.
(4) OJ L 220, 30.8.1993, p. 23.
(6) OJ C 141, 19.5.2000, p. 1.
(7) OJ L 297, 13.10.1992, p. 16. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
(8) OJ L 237, 21.9.2000, p. 1.
(9) OJ L 332, 15.12.2001, p. 1.
(10) OJ L 37, 13.2.2003, p. 24. Directive as last amended by Directive 2003/108/EC (OJ L 345, 31.12.2003, p. 106).
(11) OJ L 37, 13.2.2003, p. 19.
(12) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2004/98/EC (OJ L 305, 1.10.2004, p. 63).
(13) OJ L 167, 22.6.1992, p. 17. Directive as last amended by Directive 2004/8/EC of the European Parliament and of the Council (OJ L 52, 21.2.2004, p. 50).
(14) OJ L 236, 18.9.1996, p. 36.
(15) OJ L 279, 1.11.2000, p. 33.
(16) OJ L 52, 23.2.1978, p. 32. Directive as amended by Directive 82/885/EEC (OJ L 378, 31.12.1982, p. 19).
(17) OJ L 196, 26.7.1990, p. 15. Directive as amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).
(19) OJ L 344, 6.12.1986, p. 24. Directive as amended by Council Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).
(20) OJ L 184, 17.7.1999, p. 23.
(21) OJ C 321, 31.12.2003, p. 1.
(22) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003.
(23) OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).
(24) OJ L 204, 21.7.1998, p. 37. As last amended by the 2003 Act of Accession.
(25) OJ L 114, 24.4.2001, p. 1.
(26) Two years after adoption of this Directive.
(27) OJ L ...”
(28) OJ L ...”
(29) OJ L ...”
(30) Five years after the adoption of this Directive.
(31) 24 months after the entry into force of this Directive.
ANNEX I
METHOD FOR SETTING GENERIC ECODESIGN REQUIREMENTS
(referred to in Article 15)
Generic ecodesign requirements aim at improving the environmental performance of EuPs, focusing on significant environmental aspects thereof without setting limit values. The method according to this Annex will be applied when it is not appropriate to set limit values for the product group under examination. The Commission shall, when preparing a draft implementing measure to be submitted to the Committee referred to in Article 19, identify significant environmental aspects which shall be specified in the implementing measure.
In preparing implementing measures laying down generic ecodesign requirements pursuant to Article 15 the Commission will identify, as appropriate to the EuP covered by the implementing measure, the relevant ecodesign parameters from among those listed in part 1, the information supply requirements from among those listed in part 2 and the requirements for the manufacturer listed in part 3.
Part 1. Ecodesign parameters for EuPs
1.1. In so far as they relate to product design, significant environmental aspects are identified with reference to the following phases of the lifecycle of the product:
|
(a) |
raw material selection and use; |
|
(b) |
manufacturing; |
|
(c) |
packaging, transport, and distribution; |
|
(d) |
installation and maintenance; |
|
(e) |
use; |
|
(f) |
end-of-life, meaning the state of an EuP having reached the end of its first use until its final disposal. |
1.2. For each phase, the following environmental aspects are to be assessed where relevant:
|
(a) |
predicted consumption of materials, of energy and of other resources such as fresh water; |
|
(b) |
anticipated emissions to air, water or soil; |
|
(c) |
anticipated pollution through physical effects such as noise, vibration, radiation, electromagnetic fields; |
|
(d) |
expected generation of waste material; |
|
(e) |
possibilities for re-use, recycling and recovery of materials and/or of energy, taking into account Directive 2002/96/EC. |
1.3. In particular, the following parameters will be used, as appropriate, and supplemented by others, where necessary, for evaluating the potential for improving the environmental aspects mentioned in the previous paragraph:
|
(a) |
weight and volume of the product; |
|
(b) |
use of materials issued from recycling activities; |
|
(c) |
consumption of energy, water and other resources throughout the life cycle; |
|
(d) |
use of substances classified as hazardous to health and/or the environment according to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packing and labelling of dangerous substances (1) and taking into account legislation on the marketing and use of specific substances, such as Directives 76/769/EEC or 2002/95/EC; |
|
(e) |
quantity and nature of consumables needed for proper use and maintenance; |
|
(f) |
ease for re-use and recycling as expressed through: number of materials and components used, use of standard components, time necessary for disassembly, complexity of tools necessary for disassembly, use of component and material coding standards for the identification of components and materials suitable for re-use and recycling (including marking of plastic parts in accordance with ISO standards), use of easily recyclable materials, easy access to valuable and other recyclable components and materials; easy access to components and materials containing hazardous substances; |
|
(g) |
incorporation of used components; |
|
(h) |
avoidance of technical solutions detrimental to re-use and recycling of components and whole appliances; |
|
(i) |
extension of lifetime as expressed through: minimum guaranteed lifetime, minimum time for availability of spare parts, modularity, upgradeability, reparability; |
|
(j) |
amounts of waste generated and amounts of hazardous waste generated; |
|
(k) |
emissions to air (greenhouse gases, acidifying agents, volatile organic compounds, ozone depleting substances, persistent organic pollutants, heavy metals, fine particulate and suspended particulate matter) without prejudice to Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (2); |
|
(l) |
emissions to water (heavy metals, substances with an adverse effect on the oxygen balance, persistent organic pollutants); |
|
(m) |
emissions to soil (especially leakage and spills of dangerous substances during the use phase of the product, and the potential for leaching upon its disposal as waste). |
Part 2. Requirements relating to the supply of information
Implementing measures may require information to be supplied by the manufacturer that may influence the way the EuP is handled, used or recycled by parties other than the manufacturer. This information may include, where applicable:
|
— |
information from the designer relating to the manufacturing process; |
|
— |
information for consumers on the significant environmental characteristics and performance of a product, accompanying the product when it is placed on the market to allow consumers to compare these aspects of the products; |
|
— |
information for consumers on how to install, use and maintain the product in order to minimise its impact on the environment and to ensure optimal life-expectancy, as well as on how to return the product at end-of-life, and, where appropriate, information on the period of availability of spare parts and the possibilities of upgrading products; |
|
— |
information for treatment facilities concerning disassembly, recycling, or disposal at end-of-life. |
Information should be given on the product itself wherever possible.
This information will take into account obligations under other Community legislation, such as Directive 2002/96/EC.
Part 3. Requirements for the manufacturer
1. Addressing the environmental aspects identified in the implementing measure as capable of being influenced in a substantial manner through product design, manufacturers of EuPs will be required to perform an assessment of the EuP model throughout its lifecycle, based upon realistic assumptions about normal conditions and purposes of use. Other environmental aspects may be examined on a voluntary basis.
On the basis of this assessment manufacturers will establish the EuP's ecological profile. It will be based on environmentally relevant product characteristics and inputs/outputs throughout the product life cycle expressed in physical quantities that can be measured.
2. Manufacturers will make use of this assessment to evaluate alternative design solutions and the achieved environmental performance of the product against benchmarks.
The benchmarks will be identified by the Commission in the implementing measure on the basis of information gathered during the preparation of the measure.
The choice of a specific design solution will achieve a reasonable balance between the various environmental aspects and between environmental aspects and other relevant considerations, such as safety and health, technical requirements for functionality, quality, and performance, and economic aspects, including manufacturing costs and marketability, while complying with all relevant legislation.
(1) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).
(2) OJ L 59, 27.2.1998, p. 1. Directive as last amended by Directive 2004/26/EC (OJ L 146, 30.4.2004, p. 1).
ANNEX II
METHOD FOR SETTING SPECIFIC ECODESIGN REQUIREMENTS
(referred to in Article 15)
Specific ecodesign requirements aim at improving a selected environmental aspect of the product. They may take the form of requirements for reduced consumption of a given resource, such as a limit on the use of a resource in the various stages of an EuP's life cycle, as appropriate (such as a limit on water consumption in the use phase or on the quantities of a given material incorporated in the product or a requirement for minimum quantities of recycled material).
In preparing implementing measures laying down specific ecodesign requirements pursuant to Article 15, the Commission will identify, as appropriate to the EuP covered by the implementing measure, the relevant ecodesign parameters from among those referred to in Annex I, part 1, and set the levels of these requirements, in accordance with the procedure referred to in Article 19(2), as follows:
1. A technical, environmental and economic analysis will select a number of representative models of the EuP in question on the market and identify the technical options for improving the environmental performance of the product, keeping sight of the economic viability of the options and avoiding any significant loss of performance or of usefulness for consumers.
The technical, environmental and economic analysis will also identify, for the environmental aspects under consideration, the best-performing products and technology available on the market.
The performance of products available on international markets and benchmarks set in other countries legislation should be taken into consideration during the analysis as well as when setting requirements.
On the basis of this analysis and taking into account economic and technical feasibility as well as potential for improvement, concrete measures are taken with a view to minimising the product's environmental impact.
Concerning energy consumption in use, the level of energy efficiency or consumption will be set aiming at the life-cycle cost minimum to end-users for representative EuP models, taking into account the consequences on other environmental aspects. The life-cycle cost analysis method uses a real discount rate on the basis of data provided from the European Central Bank and a realistic lifetime for the EuP; it is based on the sum of the variations in purchase price (resulting from the variations in industrial costs) and in operating expenses, which result from the different levels of technical improvement options, discounted over the lifetime of the representative EuP models considered. The operating expenses cover primarily energy consumption and additional expenses in other resources (such as water or detergent).
A sensitivity analysis covering the relevant factors (such as the price of energy or other resource, the cost of raw materials or production costs, discount rates) and, where appropriate, external environmental costs, including avoided greenhouse gas emissions, will be carried out to check if there are significant changes and if the overall conclusions are reliable. The requirement will be adapted accordingly.
A similar methodology could be applied to other resources such as water.
2. For the development of the technical, environmental and economic analyses, information available in the framework of other Community activities could be used.
The same applies for information available from existing programmes applied in other parts of the world for setting the specific ecodesign requirement of EuPs traded with the EU's economic partners.
3. The date of entry into force of the requirement will take the redesign cycle for the product into account.
ANNEX III
CE MARKING
(referred to in Article 5(2))
The CE marking must have a height of at least 5 mm. If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.
The CE marking must be affixed to the EuP. Where this is not possible, it must be affixed to the packaging and to the accompanying documents.
ANNEX IV
INTERNAL DESIGN CONTROL
(referred to in Article 8)
1. This Annex describes the procedure whereby the manufacturer or its authorised representative who carries out the obligations laid down in section 2 of this Annex ensures and declares that the EuP satisfies the relevant requirements of the applicable implementing measure. The declaration of conformity may cover one or more products and must be kept by the manufacturer.
2. A technical documentation file making possible an assessment of the conformity of the EuP with the requirements of the applicable implementing measure will be compiled by the manufacturer.
The documentation will specify, in particular:
|
(a) |
a general description of the EuP and of its intended use; |
|
(b) |
the results of relevant environmental assessment studies carried out by the manufacturer, and/or references to environmental assessment literature or case studies, which are used by the manufacturer in evaluating, documenting and determining product design solutions; |
|
(c) |
the ecological profile, if required by the implementing measure; |
|
(d) |
elements of the product design specification relating to environmental design aspects of the product; |
|
(e) |
a list of the appropriate standards referred to in Article 10, applied in full or in part, and a description of the solutions adopted to meet the requirements of the applicable implementing measure where the standards referred to in Article 10 have not been applied or where these standards do not cover entirely the requirements of the applicable implementing measure; |
|
(f) |
a copy of the information concerning the environmental design aspects of the product provided in accordance with the requirements specified in Annex I, part 2; |
|
(g) |
the results of measurements on the ecodesign requirements carried out, including details of the conformity of these measurements as compared with the ecodesign requirements set out in the applicable implementing measure. |
3. The manufacturer must take all measures necessary to ensure that the product will be manufactured in compliance with the design specifications referred to in section 2 and with the requirements of the measure which apply to it.
ANNEX V
MANAGEMENT SYSTEM FOR ASSESSING CONFORMITY
(referred to in Article 8)
1. This Annex describes the procedure whereby the manufacturer who satisfies the obligations of section 2 of this Annex ensures and declares that the EuP satisfies the requirements of the applicable implementing measure. The declaration of conformity may cover one or more products and must be kept by the manufacturer.
2. A management system may be used for the conformity assessment of an EuP provided that the manufacturer implements the environmental elements specified in section 3 of this Annex.
3. Environmental elements of the management system
This section specifies the elements of a management system and the procedures by which the manufacturer can demonstrate that the EuP complies with the requirements of the applicable implementing measure.
3.1. The environmental product performance policy
The manufacturer must be able to demonstrate conformity with the requirements of the applicable implementing measure. The manufacturer must also be able to provide a framework for setting and reviewing environmental product performance objectives and indicators with a view to improving the overall environmental product performance.
All the measures adopted by the manufacturer to improve the overall environmental performance of and to establish the ecological profile of an EuP, if required by the implementing measure, through design and manufacturing, must be documented in a systematic and orderly manner in the form of written procedures and instructions.
These procedures and instructions must contain, in particular, an adequate description of:
|
— |
the list of documents that must be prepared to demonstrate the EuP's conformity, and — if relevant — that have to be made available; |
|
— |
the environmental product performance objectives and indicators and the organisational structure, responsibilities, powers of the management and allocation of resources with regard to their implementation and maintenance; |
|
— |
the checks and tests to be carried out after manufacture to verify product performance against environmental performance indicators; |
|
— |
procedures for controlling the required documentation and ensuring that it is kept up to date; |
|
— |
the method of verifying the implementation and effectiveness of the environmental elements of the management system. |
3.2. Planning
The manufacturer will establish and maintain
|
(a) |
procedures for establishing the ecological profile of the product; |
|
(b) |
environmental product performance objectives and indicators, which consider technological options taking into account technical and economic requirements; |
|
(c) |
a programme for achieving these objectives. |
3.3. Implementation and documentation
3.3.1. The documentation concerning the management system should cover the following, in particular:
|
(a) |
responsibilities and authorities will be defined and documented in order to ensure effective environmental product performance and reporting on its operation for review and improvement; |
|
(b) |
documents will be established indicating the design control and verification techniques implemented and processes and systematic measures used when designing the product; |
|
(c) |
the manufacturer will establish and maintain information to describe the core environmental elements of the management system and the procedures for controlling all documents required. |
3.3.2. The documentation concerning the EuP will specify, in particular:
|
(a) |
a general description of the EuP and of its intended use; |
|
(b) |
the results of relevant environmental assessment studies carried out by the manufacturer, and/or references to environmental assessment literature or case studies, which are used by the manufacturer in evaluating, documenting and determining product design solutions; |
|
(c) |
the ecological profile, if required by the implementing measure; |
|
(d) |
documents describing the results of measurements on the ecodesign requirements carried out including details of the conformity of these measurements as compared with the ecodesign requirements set out in the applicable implementing measure; |
|
(e) |
the manufacturer will establish specifications indicating, in particular, standards which have been applied; where standards referred to in Article 10 are not applied or where they do not cover entirely the requirements of the relevant implementing measure, the means used to ensure compliance; |
|
(f) |
a copy of the information concerning the environmental design aspects of the product provided in accordance with the requirements specified in Annex I, part 2. |
3.4. Checking and corrective action
|
(a) |
the manufacturer must take all measures necessary to ensure that the EuP is manufactured in compliance with its design specification and with the requirements of the implementing measure which applies to it; |
|
(b) |
the manufacturer will establish and maintain procedures to investigate and respond to non-conformity, and implement changes in the documented procedures resulting from corrective action; |
|
(c) |
the manufacturer will carry out at least every three years a full internal audit of the management system with regard to its environmental elements. |
ANNEX VI
DECLARATION OF CONFORMITY
(referred to in Article 5(3))
The EC declaration of conformity must contain the following elements:
|
1. |
the name and address of the manufacturer or of its authorised representative; |
|
2. |
a description of the model sufficient for unambiguous identification; |
|
3. |
where appropriate, the references of the harmonised standards applied; |
|
4. |
where appropriate, the other technical standards and specifications used; |
|
5. |
where appropriate, the reference to other Community legislation providing for the affixing of the CE mark that is applied; |
|
6. |
identification and signature of the person empowered to bind the manufacturer or its authorised representative. |
ANNEX VII
CONTENTS OF THE IMPLMENTING MEASURES
(referred to in Article 15(8))
The implementing measure will specify, in particular:
|
1. |
the exact definition of the type(s) of EuP(s) covered; |
|
2. |
the ecodesign requirement(s) for the EuP(s) covered, implementing date(s), staged or transitional measures or periods;
|
|
3. |
the ecodesign parameters referred to in Annex I, part 1 relating to which no ecodesign requirement is necessary; |
|
4. |
the requirements on installation of the EuP where it has a direct relevance to the EuP's environmental performance considered; |
|
5. |
the measurement standards and/or measurement methods to be used; when available, harmonised standards the reference numbers of which have been published in the Official Journal of the European Union will be used; |
|
6. |
the details for conformity assessment under Decision 93/465/EEC
where different modules are laid down in other CE requirements for the same EuP, the module defined in the implementing measure will prevail for the requirement concerned; |
|
7. |
requirements on information to be provided by manufacturers notably on the elements of the technical documentation which are needed for facilitating the checking of the compliance of the EuP with the implementing measure ; |
|
8. |
the duration of the transitional period during which Member States must permit the placing on the market and/or putting into service of EuPs which comply with the regulations in force in their territory on the date of adoption of the implementing measure; |
|
9. |
the date for the evaluation and possible revision of the implementing measure , taking into account speed of technological progress . |
ANNEX VIII
In addition to the basic legal requirement that self-regulatory initiatives shall comply with all provisions of the Treaty (in particular internal market and competition rules), as well as with the international engagements of the Community, including multilateral trade rules, the following non-exhaustive list of indicative criteria may be used to evaluate the admissibility of self-regulatory initiatives as an alternative to an implementing measure in the context of this Directive:
1. Openness of participation
Self-regulatory initiatives shall be open to the participation of third country operators, both in the preparatory and in the implementation phases.
2. Added value
Self-regulatory initiatives shall deliver added value (more than “business as usual”) in terms of the improved overall environmental performance of the EuP covered.
3. Representativeness
Industry and their associations taking part in a self-regulatory action shall represent a large majority of the relevant economic sector, with as few exceptions as possible. Care shall be taken to ensure respect for competition rules.
4. Quantified and staged objectives
The objectives defined by the stakeholders shall be set in clear and unambiguous terms, starting from a well-defined baseline. If the self-regulatory initiative covers a long time-span, interim targets shall be included. It must be possible to monitor compliance with objectives and (interim) targets in an affordable and credible way using clear and reliable indicators. Research information and scientific and technological background data shall facilitate the development of these indicators.
5. Involvement of civil society
With a view to ensuring transparency, self-regulatory initiatives shall be publicised, including through the use of the Internet and other electronic means of disseminating information.
The same shall apply to interim and final monitoring reports. Stakeholders including Member States, industry, environmental NGOs and consumers' associations shall be invited to comment on a self-regulatory initiative.
6. Monitoring and reporting
Self-regulatory initiatives shall contain a well-designed monitoring system, with clearly identified responsibilities for industry and independent inspectors. The Commission services, in partnership with the parties to the self-regulatory initiative, shall be invited to monitor the achievement of the objectives.
The plan for monitoring and reporting shall be detailed, transparent and objective. It shall remain for the Commission services, assisted by the Committee referred to in Article 19(1), to consider whether the objectives of the voluntary agreement or other self-regulatory measures have been met.
7. Cost-effectiveness of administering a self-regulatory initiative
The cost of administering self-regulatory initiatives, in particular as regards monitoring, shall not lead to a disproportionate administrative burden, as compared to their objectives and to other available policy instruments.
8. Sustainability
Self-regulatory initiatives shall respond to the policy objectives of this Directive including the integrated approach and shall be consistent with the economic and social dimensions of sustainable development. The protection of consumers' interests (health, quality of life and economic interests) shall be integrated.
9. Incentive compatibility
Self-regulatory initiatives are unlikely to deliver the expected results if other factors and incentives — market pressure, taxes, and legislation at national level — send contradictory signals to participants in the commitment. Policy consistency is essential in this regard and shall be taken into consideration when assessing the effectiveness of the initiative.
P6_TA(2005)0124
Sulphur content of marine fuels ***II
European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council amending Directive 1999/32/EC as regards the sulphur content of marine fuels (12891/2/2004 — C6-0248/2004 — 2002/0259(COD))
(Codecision procedure: second reading)
The European Parliament,
|
— |
having regard to the Council common position (12891/2/2004 — C6-0248/2004), |
|
— |
having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2002)0595) (2), |
|
— |
having regard to the amended proposal (COM(2003)0476) (3), |
|
— |
having regard to Article 251(2) of the EC Treaty, |
|
— |
having regard to Rule 62 of its Rules of Procedure, |
|
— |
having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0056/2005), |
|
1. |
Approves the common position as amended; |
|
2. |
Instructs its President to forward its position to the Council and Commission. |
(1) OJ C 68 E, 18.3.2004, p. 311.
(2) OJ C 45 E, 25.2.2003, p. 277.
(3) Not yet published in OJ.
P6_TC2-COD(2002)0259
Position of the European Parliament adopted at second reading on 13 April 2005 with a view to the adoption of Directive 2005/.../EC of the European Parliament and of the Council amending Directive 1999/32/EC as regards the sulphur content of marine fuels
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the Opinion of the European Economic and Social Committee (2),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
|
(1) |
The Community's environmental policy, as set out in the action programmes on the environment and, in particular, in the Sixth Community Environment Action Programme adopted by Decision No 1600/2002/EC of the European Parliament and of the Council (4), on the basis of Article 174 of the Treaty, aims to achieve levels of air quality that do not give rise to unacceptable impacts on, and risks to, human health and the environment. |
|
(2) |
Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels (5) lays down the maximum permitted sulphur content of heavy fuel oil, gas oil and marine gas oil used in the Community. |
|
(3) |
Directive 1999/32/EC requires the Commission to consider what measures could be taken to reduce the contribution to acidification of the combustion of marine fuels other than marine gas oils and, if appropriate, make a proposal. |
|
(4) |
Emissions from shipping due to the combustion of marine fuels with high sulphur content contribute to air pollution in the form of sulphur dioxide and particulate matter , harming human health , damaging the environment, public and private property and cultural heritage and contributing to acidification. |
|
(5) |
Human beings and the natural environment in coastal areas and in the vicinity of ports are particularly affected by pollution from ships with high sulphur fuels. Specific measures are therefore required in this regard. |
|
(6) |
The measures in this Directive complement Member States' national measures to comply with emission ceilings for atmospheric pollutants set out in Directive 2001/81/EC of the European Parliament and of the Council (6). |
|
(7) |
Reducing the sulphur content of fuels has certain advantages for ships, in terms of operating efficiency and maintenance costs, and facilitates the effective use of certain emission abatement technologies such as selective catalytic reduction. |
|
(8) |
The Treaty requires that consideration be given to the special characteristics of the outermost regions of the Community, namely the French overseas departments, the Azores, Madeira and the Canary Islands. |
|
(9) |
In 1997, a diplomatic conference adopted a Protocol to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (hereinafter “Marpol”). This Protocol adds a new Annex VI to Marpol, containing regulations for the prevention of air pollution from ships. The 1997 Protocol, and consequently Annex VI to Marpol, will enter into force on 19 May 2005. |
|
(10) |
Annex VI to Marpol makes provision for certain areas to be designated as Sulphur Oxide Emission Control Areas (hereinafter “SOX Emission Control Areas”). It already designates the Baltic Sea as such an area. Discussions within the International Maritime Organisation (IMO) have resulted in agreement on the principle of the designation of the North Sea, including the English Channel, as a SOX Emission Control Area following the entry into force of Annex VI. |
|
(11) |
Given the global nature of maritime shipping, every effort should be made to find international solutions. Both the Commission and the Member States should endeavour to secure within the IMO a worldwide reduction in the maximum authorised sulphur content of marine fuels, including by examining the merits of designating new sea areas as SOx Emission Control Areas in accordance with Annex VI to Marpol. |
|
(12) |
Enforcement of the obligations with regard to the sulphur content of marine fuels is necessary to achieve the aims of this Directive. Effective sampling and dissuasive penalties throughout the Community are necessary to ensure credible implementation of this Directive. Member States should take enforcement action with respect to vessels flying their flag and to vessels of all flags while in their ports. It is also appropriate for Member States to cooperate closely to take additional enforcement action with respect to other vessels in accordance with international maritime law. |
|
(13) |
To allow sufficient time for the maritime industry to enable technical adaptation to a maximum limit of 0,1 % sulphur by weight for marine fuels used by inland waterway vessels and ships at berth in Community ports, the date of application of this requirement should be 1 January 2010. Since this deadline might present technical problems to Greece, a temporary derogation is appropriate for some specific vessels operating within the territory of Greece. |
|
(14) |
This Directive should be seen as the first step in an ongoing process to reduce marine emissions, offering perspectives for further emission reductions through lower fuel sulphur limits and abatement technologies, and for economic instruments to be developed as an incentive to achieve significant reductions. |
|
(15) |
It is essential to reinforce Member States' positions in IMO negotiations, in particular to promote, in the revision phase of Annex VI to Marpol, the consideration of more ambitious measures as regards tighter sulphur limits for heavy fuel oils used by ships and the use of equivalent alternative emission abatement measures. |
|
(16) |
In its resolution A.926(22), the IMO Assembly invited Governments, particularly those in regions where SOX Emission Control Areas have been designated, to ensure the availability of low sulphur bunker fuel oil in areas within their jurisdiction and to call on the oil and shipping industries to facilitate the availability and use of low sulphur bunker fuel oil. Member States should take action as appropriate to ensure that local marine fuel suppliers make compliant fuel available, in sufficient quantities to meet demand. |
|
(17) |
The IMO has adopted guidelines for the sampling of fuel oil for determining compliance with Annex VI to Marpol, and is due to develop guidelines on exhaust gas cleaning systems and other technological methods to limit SOX emissions in SOX Emission Control Areas. |
|
(18) |
Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (7) recasts Council Directive 88/609/EEC (8). Directive 1999/32/EC should be revised accordingly, as provided for in Article 3(4) thereof. |
|
(19) |
It is appropriate for the existing Committee on Safe Seas and the Prevention of Pollution from Ships established by Regulation (EC) No 2099/2002 of the European Parliament and of the Council (9) to assist the Commission in the context of the approval of emission abatement technologies. |
|
(20) |
Emission abatement technologies, provided they have no adverse effect on ecosystems and are developed subject to appropriate approval and control mechanisms, can provide at least equivalent or even greater emission reductions than using low sulphur fuel. It is essential that the correct conditions exist to promote the emergence of new emission abatement technologies. |
|
(21) |
The European Maritime Safety Agency should provide assistance to the Commission and Member States, as appropriate, in monitoring the implementation of this Directive. |
|
(22) |
The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10). |
|
(23) |
Directive 1999/32/EC should therefore be amended accordingly, |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Directive 1999/32/EC is hereby amended as follows:
|
1) |
Article 1(2) shall be replaced by the following: “2. Reductions in emissions of sulphur dioxide resulting from the combustion of certain petroleumderived liquid fuels shall be achieved by imposing limits on the sulphur content of such fuels as a condition for their use within Member States' territory, territorial seas and exclusive economic zones or pollution control zones. The limitations on the sulphur content of certain petroleum-derived liquid fuels as laid down in this Directive shall not, however, apply to:
|
|
2) |
Article 2 shall be amended as follows:
|
|
3) |
Article 3 shall be replaced by the following: “Article 3 Maximum sulphur content of heavy fuel oil 1. Member States shall take all necessary steps to ensure that, as from 1 January 2003, heavy fuel oils are not used within their territory if their sulphur content exceeds 1% by mass.
3. The provisions of paragraph 2 shall be reviewed and, if appropriate, amended in the light of any future amendment of Directive 2001/80/EC. |
|
4) |
Article 4 shall be amended as follows:
|
|
5) |
The following Articles shall be inserted: “Article 4a Maximum sulphur content of marine fuels used in SOX Emission Control Areas and by passenger ships operating on regular services to or from Community ports 1. Member States shall take all necessary measures to ensure that marine fuels are not used in the areas of their territorial seas, exclusive economic zones and pollution control zones falling within SOX Emission Control Areas if the sulphur content of those fuels exceeds 1,5 % by mass. This shall apply to all vessels of all flags, including vessels whose journey began outside the Community. 2. The application dates for paragraph 1 shall be as follows:
3. Member States shall be responsible for the enforcement of paragraph 1 at least in respect of:
Member States may also take additional enforcement action in respect of other vessels in accordance with international maritime law. 4. From the date referred to in paragraph 2(a), Member States shall take all necessary measures to ensure that marine fuels are not used in their territorial seas, exclusive economic zones and pollution control zones by passenger ships operating on regular services to or from any Community port if the sulphur content of those fuels exceeds 1,5% by mass. Member States shall be responsible for the enforcement of this requirement at least in respect of vessels flying their flag and vessels of all flags while in their ports. 5. From the date referred to in paragraph 2(a), Member States shall require the correct completion of ships' logbooks, including fuel-changeover operations, as a condition of ships' entry into Community ports. 6. From the date referred to in paragraph 2(a), and in accordance with regulation 18 of Annex VI to Marpol, Member States shall:
7. From the date referred to in paragraph 2(a), Member States shall ensure that marine diesel oils are not placed on the market in their territory if the sulphur content of those marine diesel oils exceeds 1,5% by mass. 8. The Commission shall notify Member States of the application dates mentioned in paragraph 2(b) and publish them in the Official Journal of the European Union. Article 4b Maximum sulphur content of marine fuels used by inland waterway vessels and ships at berth in Community ports 1. With effect from 1 January 2010, Member States shall take all necessary measures to ensure that the following vessels do not use marine fuels with a sulphur content exceeding 0,1% by mass:
2. Paragraph 1 shall not apply:
3. With effect from 1 January 2010, Member States shall ensure that marine gas oils are not placed on the market in their territory if the sulphur content of those marine gas oils exceeds 0,1 % by mass. Article 4c Trials and use of new emission abatement technologies 1. Member States may, in cooperation with other Member States, as appropriate, approve trials of ship emission abatement technologies on vessels flying their flag, or in sea areas within their jurisdiction. During these trials the use of marine fuels meeting the requirements of Articles 4a and 4b shall not be mandatory, provided that:
2. Emission abatement technologies for ships flying the flag of a Member State shall be approved in accordance with the procedure referred to in Article 3(2) of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) (17), taking into account:
3. Criteria shall be established for the use of emission abatement technologies by ships of all flags in enclosed ports, harbours and estuaries in the Community in accordance with the procedure referred to in Article 9(2). The Commission shall communicate these criteria to the IMO. 4. As an alternative to using low sulphur marine fuels meeting the requirements of Articles 4a and 4b, Member States may allow ships to use an approved emission abatement technology, provided that these ships:
|
|
6) |
Article 6 shall be amended as follows:
|
|
7) |
Article 7 shall be replaced by the following: “Article 7 Reporting and review 1. On the basis of the results of the sampling, analysis and inspections carried out in accordance with Article 6, Member States shall by 30 June of each year provide the Commission with a short report on the sulphur content of the liquid fuels falling within the scope of this Directive and used within their territory during the preceding calendar year. That report shall include a record of the total number of samples tested by fuel type and shall indicate the corresponding quantity of fuel used, and the calculated average sulphur content. Member States shall also report the number of inspections made on board ships, and record the average sulphur content of marine fuels used in their territory which do not fall within the scope of this Directive on ... (18). 2. On the basis, inter alia, of:
the Commission shall, by 2008, submit a report to the European Parliament and to the Council. The Commission may submit with its report proposals for amending this Directive, in particular as regards a second stage of sulphur limit values laid down for each fuel category and, taking account of work within the IMO, the sea areas where low sulphur marine fuels are to be used. The Commission shall give particular consideration to proposals for:
3. By 31 December 2005, the Commission shall report to the European Parliament and to the Council on the possible use of economic instruments, including mechanisms such as differentiated dues and kilometre charges, tradable emission permits and offsetting. The Commission may consider submitting proposals on economic instruments as alternative or complementary measures in the context of the 2008 review, provided that environmental and health benefits can be clearly demonstrated. 4. Any amendments necessary to make technical adaptations to Article 2, points 1, 2, 3, 3a, 3b and 4 or Article 6(2) in the light of scientific and technical progress shall be adopted in accordance with the procedure referred to in Article 9(2). Such adaptations shall not result in any direct changes to the scope of this Directive or to limits on sulphur in fuel specified in this Directive.” |
|
8) |
Article 9 shall be replaced by the following: “Article 9 Committee procedure 1. The Commission shall be assisted by a committee. 2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC (19) shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its Rules of Procedure. |
|
9) |
The text set out in the Annex to this Directive shall be added. |
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (20). They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at ..., on ...
For the European Parliament
The President
For the Council
The President
(1) OJ C 45 E, 25.2.2003, p. 277.
(2) OJ C 208, 3.9.2003, p. 27.
(3) Position of the European Parliament of 4 June 2003 (OJ C 68 E, 18.3.2004, p. 311), Council Common Position of 9 December 2004 (not yet published in the Official Journal) and Position of the European Parliament of 13 April 2005.
(4) OJ L 242, 10.9.2002, p. 1.
(5) OJ L 121, 11.5.1999, p. 13. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
(6) OJ L 309, 27.11.2001, p. 22. Directive as amended by the 2003 Act of Accession.
(7) OJ L 309, 27.11.2001, p. 1. Directive as amended by the 2003 Act of Accession.
(8) OJ L 336, 7.12.1988, p. 1 .
(9) OJ L 324, 29.11.2002, p. 1. Regulation as amended by Commission Regulation (EC) No 415/2004 (OJ L 68, 6.3.2004, p. 10).
(10) OJ L 184, 17.7.1999, p. 23.
(11) OJ L 301, 28.10.1982, p. 1. Directive as last amended by the 2003 Act of Accession.”
(12) OJ L 309, 27.11.2001, p. 1. Directive as amended by the 2003 Act of Accession.”
(13) Date of entry into force of this Directive.
(14) 19 May 2006 or, if later, 12 months after the date of entry into force of this Directive.
(15) 24 months after the date of entry into force of this Directive.
(16) 12 months after the date of entry into force of that designation.
(17) OJ L 324, 29.11.2002, p. 1. Regulation as amended by Commission Regulation (EC) No 415/2004 (OJ L 68, 6.3.2004, p. 10).”
(18) Date of entry into force of this Directive.
(19) OJ L 184, 17.7.1999, p. 23.”
(20) 12 months after the date of entry into force of this Directive.
ANNEX
GREEK VESSELS
|
Vessel's name |
Delivery year |
IMO number |
|
ARIADNE PALACE |
2002 |
9221310 |
|
IKARUS PALACE |
1997 |
9144811 |
|
KNOSSOS PALACE |
2001 |
9204063 |
|
OLYMPIA PALACE |
2001 |
9220330 |
|
PASIPHAE PALACE |
1997 |
9161948 |
|
FESTOS PALACE |
2001 |
9204568 |
|
EUROPA PALACE |
2002 |
9220342 |
|
BLUE STAR I |
2000 |
9197105 |
|
BLUE STAR II |
2000 |
9207584 |
|
BLUE STAR ITHAKI |
1999 |
9203916 |
|
BLUE STAR NAXOS |
2002 |
9241786 |
|
BLUE STAR PAROS |
2002 |
9241774 |
|
HELLENIC SPIRIT |
2001 |
9216030 |
|
OLYMPIC CHAMPION |
2000 |
9216028 |
|
LEFKA ORI |
1991 |
9035876 |
|
SOPHOKLIS VENIZELOS |
1990 |
8916607 |
P6_TA(2005)0125
Marketing and use of toluene and trichlorobenzene ***I
European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council relating to restrictions on the marketing and use of toluene and trichlorobenzene (twenty-eighth amendment of Council Directive 76/769/EEC) (COM(2004)0320 — C6-0030/2004 — 2004/0111(COD))
(Codecision procedure: first reading)
The European Parliament,
|
— |
having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0320) (1), |
|
— |
having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0030/2004), |
|
— |
having regard to Rule 51 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0005/2005), |
|
1. |
Approves the Commission proposal as amended; |
|
2. |
Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
|
3. |
Instructs its President to forward its position to the Council and Commission. |
(1) Not yet published in OJ.
P6_TC1-COD(2004)0111
Position of the European Parliament adopted at first reading on 13 April 2005 with a view to the adoption of Directive 2005/.../EC of the European Parliament and of the Council relating to restrictions on the marketing and use of toluene and trichlorobenzene (twenty-eighth amendment of Council Directive 76/769/EEC)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
|
(1) |
The risks posed to health and the environment by toluene and trichlorobenzene (TCB) have been assessed under Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (3). The risk assessment identified a need to reduce those risks, and the Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE) confirmed that conclusion. |
|
(2) |
Commission Recommendation 2004/394/EC of 29 April 2004 on the results of the risk evaluation and the risk reduction strategies for the substances: Acetonitrile; Acrylamide; Acrylonitrile; Acrylic acid; Butadiene; Hydrogen fluoride; Hydrogen peroxide; Methacrylic acid; Methyl methacrylate; Toluene; Trichlorobenzene (4), adopted within the framework of Regulation (EEC) No 793/93, proposed a risk reduction strategy for toluene and TCB, recommending restrictions to limit the risks from certain uses of these chemicals. |
|
(3) |
In order to protect health and the environment, it therefore appears necessary that the placing on the market and the use of toluene and TCB should be restricted. |
|
(4) |
Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (5) should be amended accordingly. |
|
(5) |
The objective of this Directive is to introduce harmonised provisions with regard to toluene and TCB, thus preserving the internal market whilst ensuring a high level of protection of human health and the environment, as required by Article 95 of the Treaty. |
|
(6) |
This Directive does not affect the Community legislation laying down minimum requirements for the protection of workers, such as Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (6), and individual directives based thereon, in particular Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (7) and Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (8), |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 76/769/EEC is amended as set out in the Annex to this Directive.
Article 2
1. Member States shall adopt and publish, by ... (9), the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures and a correlation table between them and this Directive.
They shall apply those measures from ... (10).
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The method of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at ..., on ...
For the European Parliament
The President
For the Council
The President
(1) OJ C ...
(2) Position of the European Parliament of 13 April 2005.
(3) OJ L 84, 5.4.1993, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1 ).
(4) OJ L 144, 30.4.2004, p. 75 . Corrigendum: OJ L 199, 7.6.2004, p. 41 .
(5) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2004/98/EC (OJ L 305, 1.10.2004, p. 63 ).
(6) OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC) No 1882/2003.
(7) OJ L 158, 30.4.2004, p. 50 . Corrigendum: OJ L 229, 29.6.2004, p. 23.
(8) OJ L 131, 5.5.1998, p. 11.
(9) 12 months after the date of entry into force of this Directive.
(10) 18 months after the date of entry into force of this Directive.
ANNEX
The following points [XX] to [XX] are added to Annex I of Directive 76/769/EEC:
|
[XX]. Toluene CAS No 108-88-3 |
May not be placed on the market or used as a substance or constituent of preparations in a concentration equal to or higher than 0,1 % by mass in adhesives and spray paints intended for sale to the general public. |
||||||
|
[XX]. Trichlorobenzene CAS No 120-82-1 |
May not be placed on the market or used as a substance or constituent of preparations in a concentration equal to or higher than 0,1 % by mass for all uses except
|
P6_TA(2005)0126
Commission's annual policy strategy for 2006
European Parliament resolution on the 2006 budget: the Commission's Annual Policy Strategy report (APS) (2004/2270(BUD))
The European Parliament,
|
— |
having regard to the communication from the Commission to the European Parliament and the Council — Annual Policy Strategy for 2006 (COM(2005)0073), |
|
— |
having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (1), |
|
— |
having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty, |
|
— |
having regard to Rule 112(1) of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Budgets and the opinions of the other committees asked for an opinion (A6-0071/2005), |
|
A. |
whereas the 2006 budget will be the last of the current financial perspective and constitutes, with the ongoing negotiations for a new financial perspective for 2007-2013, the strategic framework in which the Parliament will decide its priorities so that the Union's objectives can be backed up by a proper level of budgetary resources; |
|
B. |
whereas the 2006 budget will be the second of the enlarged Union and it is necessary to ensure proper means to implement European policies in a harmonious fashion across the whole Union, as well as to support the efforts of the current candidate countries; |
|
C. |
whereas the European Union is at a crucial juncture in its development with the processes of adopting the Constitution, deciding on enlargement, reinforcing its role on the international stage, launching new measures to reinvigorate the Lisbon Agenda within a new framework for growth and employment, competitiveness and sustainable development, strengthening the internal market and full integration of European citizens; underlining that these challenges must be underpinned by coherent, well coordinated and adequately financed actions, |
|
D. |
whereas a gap between these ambitions and the means made available to achieve them would risk triggering a process of regression and jeopardise the progress already made; stressing the role of the 2006 budget in guaranteeing the continuity of actions and in serving as the bridging instrument for the multiannual programming after 2006, to ensure that the Union can finance its political ambitions; |
|
E. |
supporting the Commission's most urgent priority, namely making growth in Europe dynamic and sustainable once more and providing citizens with more and better jobs; whereas it is ready to finance appropriate programmes to achieve this aim; |
Financial framework
|
1. |
Considers that, in order to achieve the stated objectives of the European Union, a sound and rigorous management of the Union's budget is in the interest of all its citizens; underlines the responsibility of the budgetary authority to ensure this and the importance it attaches to a transparent presentation of the budget and proper information on its implementation; |
|
2. |
Stresses that the budgeted amounts for commitments have to be based on agreed objectives and that the payments should be fixed accordingly; resolves to make the matter of an adequate level of payments a fundamental priority for the 2006 budget procedure, also with a view to forthcoming negotiations on a new financial perspective; |
|
3. |
Is mindful of the budget implementation problems due to the current financial regulation, in particular in areas such as info-points, external cooperation and delays for contracts; is looking forward to the Commission proposals for a revision of the Financial Regulation and the implementing rules thereof, which must address these and other outstanding issues and by means of which tangible solutions to problems can be devised so as to make the Financial Regulation less bureaucratic; regrets that the Commission did not list this review in its legislative and work programme for 2005, despite confirmation of a legislative revision during the budget procedure 2005; |
|
4. |
Considers that the start of the parliamentary term, coinciding with a review of the Interinstitutional Agreement in the framework of negotiations on a new financial perspective, provides the opportunity to review the instruments already in place on multiannual and annual programming giving a new impetus to legislative and budgetary planning; recalls the joint statement on financial programming agreed on 13 July 2004; |
|
5. |
Is fully aware of the possible effects of the negotiations on a new financial perspective post-2006 on the 2006 budgetary procedure; states that it will use its budgetary powers to ensure that the 2006 budget will provide the appropriations needed to meet the responsibilities of the Union; |
|
6. |
Welcomes the Commission's proposal as set out in its strategic objectives, inviting the Parliament and the Council to jointly achieve an agreement on a common platform of the European institutions for action in the next five years; is prepared to enter into discussion with the Commission and Council on the basis of its own strategic political guidelines, in order to obtain an agreement by the end of the Luxembourg Presidency for the priorities to be followed for the year 2006; |
Budgetary strategy and sectoral priorities
Principles
|
7. |
Considers that the 2006 budget must reflect the following principles in order to ensure sound financial and budgetary management:
|
Priorities
|
8. |
Supports the Commission in its general approach to foster prosperity and solidarity and security within the Union, to make Europe more competitive and cohesive, closer to its citizens and stronger in the world; nevertheless; points out that its latest financial programming and its annual policy strategy show a number of discrepancies between key action for 2006 and budgetary resources (i2020 initiative, Growth initiative, Youth initiative, European asylum support, programmes to help implement environmental legislation, European Year of Mobility for Workers, etc.); |
|
9. |
States that 2006 budget shall, in particular, reflect:
|
Agriculture
|
10. |
Expresses its support for the objectives established in the CAP reform, in particular those strengthening rural development, which is crucial for the viability of the countryside; is strongly in favour of providing the funding necessary for these measures but draws attention to the fact that an agreement on transferring appropriations under subheading 1(a) to subheading 1(b) (“budgetary modulation”) is necessary before the Council's first reading; |
|
11. |
Is concerned at reports about the development of avian influenza in Southeast Asia; urges the Commission to cooperate closely with the FAO, the WHO, the OIE (World Organisation for Animal Health) and with the countries in the region and to increase funding for research conducted into this potentially grave threat to agriculture and to animal as well as human health in the EU; |
|
12. |
Reminds the Commission of the importance it attaches to the pilot projects (promotion of quality systems and risk financing for livestock epidemics) which were agreed upon in the 2004 budget procedure; asks the Commission to provide for adequate appropriations in the 2006 budget for the continuation of these projects; |
Structural operations
|
13. |
Stresses the importance of budgeting fully the real needs for payments under the structural funds; underlines the need to provide for a sufficient level of payments in order to avoid jeopardising the implementation of the programmes; believes that payments must correspond to the most reliable forecasts available, in accordance with the principles of sound financial management and budgetary practice; highlights the important pointers provided by implementation in 2005 in this respect; |
|
14. |
Highlights the need for the N + 2 rule (sunset clause) to be closely monitored and for full and prompt information to the budgetary authority to be reinforced, in particular on the budgetary commitments that are in danger of being cancelled; invites the Commission to present by the end of July 2005 an overall evaluation of the state of implementation in payments in comparison with the multiannual initial forecasts; |
Internal policies
|
15. |
Invites the Commission to propose within the Lisbon Strategy real priority actions creating European added value; considers that the limited margin of manoeuvre under the ceiling of the financial perspective for this heading should be targeted at core priority areas, such as employment, research and development, support to SMEs through the EIF lending facility for SMEs created in the 2004 and 2005 budgets, promotion of the knowledge and information society, dissemination of environmental technologies and life-long learning; underlines the need for efficient infrastructure development through environmentally friendly transport, energy and telecommunications TENs and Pan-European corridors; |
|
16. |
Recalls that assistance to SMEs, including micro-enterprises, has been a priority for the European Parliament in recent budget procedures; encourages the efforts to continue facilitating SMEs' access to finance by using Community financial instruments on a demand-led basis and highlights the need for instruments to promote their internationalisation; |
|
17. |
Is also in favour of measures to promote ethical and solidarity-based financing instruments to promote human, social and environmental development, including actions for local development; |
|
18. |
Supports the launch of the European Year of Mobility for Workers, and expects that the Member States will no longer use the derogations blocking the free movement of workers from the new Member States; |
|
19. |
Stresses that the Lisbon strategy should promote competitiveness and job creation, while taking into account social cohesion and environmental concerns; consequently, believes that in achieving the Lisbon objectives long-term growth should not lead to widening gaps and social uncertainty; |
|
20. |
Intends to reinforce the EU budget for actions for young people, also in line with the Commission's emphasis on promoting mobility in education and learning and the effective use of the potential of youth; stresses the importance of exchange programmes in this field; insists that the Erasmus programme be extended to cover students at secondary-school level and to young entrepreneurs; recalls the need to follow up the pilot project to extend Erasmus to apprentices; regrets that the Commission, in its financial programming, reduced the appropriations for the Leonardo da Vinci programme in comparison with the 2005 budget; |
|
21. |
Supports an integrated strategy to fight terrorism including assistance to victims, effective co-operation and exchange of information between judicial and police authorities, the fight against poverty, a strategy to prevent the proliferation of arms, conflict prevention, management and resolution and reinforced support for dialogue between cultures; wishes to develop further the pilot projects initiated by the Parliament; underlines that, at the same time, the Union has to further promote fundamental rights, the rule of law and the quality of justice; |
|
22. |
Calls on the Commission to present proposals to strengthen the EU's overall capacity to provide assistance to citizens in the case of emergencies, including those occurring outside EU territory, and to manage transborder crises; underlines the importance of Parliament being fully involved in the current debate on this matter; |
|
23. |
Considers that Information and Communication are key resources in bringing the EU closer to its citizens and believes that, to achieve this objective, more dynamic and communicative innovations are needed; therefore calls on the Commission to present a proposal for an integrated EU information and communication policy, whereby the information activities of the Union's institutions are coordinated to a higher degree; |
|
24. |
Recalls the structural problem with the financing of the decentralised agencies under Heading 3 and its effects on other political priorities, the reasons for which are to be found in the current Financial Regulation; stresses the need to reconcile these aspects and will endeavour to find a solution based on the real needs of each agency and policy; reminds the Commission of the need to provide mid-term programming, including accurate budget estimates, on the development of the decentralised and the executive agencies and to take a critical look at the Financial Regulation in terms of making it less bureaucratic; |
External actions
|
25. |
Stresses the current difficulty of reconciling the traditional priorities of the Union with a large number of new budget responsibilities, which have been taken over under Category IV in recent years (Balkans, Afghanistan, Iraq, tsunami and other natural disasters); reminds the Council that new tasks should not be financed to the detriment of Parliament's traditional priorities; |
|
26. |
Strongly believes that the financial resources allocated to assist the countries and communities affected by the tsunami, or for any other natural disasters, must be additional to the existing or programmed aid budgets and not merely shifted within them or redirected from other regions (redeployment); calls for a clear overview of the budgetary impact of all proposals for financial assistance to this region, including the proposed funds for reconstruction, once the assessment missions of the UN and World Bank are finalised; emphasises the importance of taking measures to prepare for disasters; |
|
27. |
Reiterates its commitment to support reaching the Millennium Development Goals, with support to poverty eradication and health programmes, including the fight against HIV/AIDS, malaria and tuberculosis as well as contribution to the Global Fund; underlines its commitment to support all regions which are now benefiting from the EU budget; stresses the importance of fundamental freedoms and promoting democracy, the rule of law and human rights, including the new neighbourhood policy; requests the Commission to present proposals to restore the European Parliament's control of the European Initiative for Democracy and Human Rights (EIDHR); stresses the need for technical support for multilateral stakeholders in order to eliminate bottlenecks; urges the Commission to include a substantial additional amount for these “Quick Win” actions in the Preliminary Draft Budget, ensure that its new actions are consistent with its existing programmes and co-ordinate with the Member States and with the UN; |
|
28. |
Emphasises the need for EU support for democratic change in its neighbouring countries, with particular reference to countries such as Ukraine, Georgia and Moldova and the Mediterranean countries; |
|
29. |
Considers that it should ensure that its budgetary powers are enhanced in the area of CFSP; reminds the Council to adhere to consultation meetings and substantial exchange of information, as provided for by the IIA, in order to reach agreement on the financing of CFSP-oriented decisions; notes the particular importance of providing the European Security Strategy (ESS) with sufficient budgetary resources; stresses that it is difficult to separate financing for common costs in civil operations through the Union budget from those of a military or defence nature outside the Union budget, as shown by the establishment of the Civil/Military Cell; |
|
30. |
Notes the opportunity for progress in the Middle East peace process and confirms its support for the provision of EU funding in this context; |
Personnel and administration
|
31. |
Notes that the Commission has requested 700 new posts to be created in 2006 following its multiannual plan for additional human resources following the 2004 enlargement; notes that the Commission estimates that, as a result of the accession of Bulgaria and Romania, 850 new posts will need to be phased in by 2010; calls on the Commission to present a review of the medium-term staff needs as put forward by the previous Commission by 31 July 2005; asks the Commission to submit by 31 July 2005 a detailed report on the Commission's staffing of support and coordination functions; |
|
32. |
Welcomes the relatively high occupation rate of posts in the Commission administration; encourages the Commission to continue to use redeployment within and between departments to mobilise additional human resources; |
Pilot Projects and Preparatory Actions
|
33. |
Reiterates its support for working closely with the Commission on pilot projects and preparatory actions in order to facilitate the joint examination on the feasibility of the proposals; |
|
34. |
Invites the Commission to assess the results of the initiatives — pilot projects and preparatory actions — launched in recent years in order to evaluate their possible continuation; |
*
* *
|
35. |
Instructs its President to forward this resolution to the Council, the Commission and the Court of Auditors. |
(1) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC (OJ L 147, 14.6.2003, p. 25).
P6_TA(2005)0127
Meeting of the European Council (Brussels, 22 and 23 March 2005)
European Parliament resolution on the outcome of the European Council in Brussels on 22 and 23 March 2005
The European Parliament,
|
— |
having regard to the Presidency Conclusions following the European Council of 22 and 23 March 2005, |
|
— |
having regard to the European Council report and the Commission statement on the European Council meeting of 22 and 23 March 2005, |
|
— |
having regard to Rule 103(4) of its Rules of Procedure, |
I. Stability and Growth Pact
|
1. |
Welcomes the fact that, after months of controversial signals, political agreement was reached at the European Council on a reform of the Stability and Growth Pact designed to improve the coordination and monitoring of economic policies whilst introducing more flexibility and to revitalise the commitment to fiscal discipline as the basis for a stable currency and for economic growth and job creation; |
|
2. |
Welcomes in particular the moves to strengthen the Pact's preventive arm, the increased attention given to debt levels and the agreement to link the Pact to the Lisbon objectives and policies, but is concerned by the lack of clarity in the rules of the coercive arm of the Pact; |
|
3. |
Calls on the Council and Commission to come forward with the agreed changes to Regulations (EC) No 1466/97 (1) and (EC) No 1467/97 (2) and to involve the European Parliament fully, in order to ensure that the remaining concerns are addressed; |
|
4. |
Calls on the Commission to make full use of its right of initiative and the procedures at its disposal in order to ensure the proper implementation of the Pact and to play an active role in macroeconomic coordination; expresses doubts about this aspect of the reform, in which an opportunity was missed to strengthen the role of the Commission; |
II. Relaunching the Lisbon Process
|
5. |
Welcomes the commitment made by the Council and Commission to giving the Lisbon Strategy a new dynamism with a new focused approach based on a three-year cycle, and its endorsement of many of the positions adopted by Parliament before the meeting of the European Council, such as the restatement of the interdependence of the Strategy's economic, social and environmental dimensions; |
|
6. |
Expects the Commission to show leadership in the relaunch of the Lisbon Strategy by presenting a Community Lisbon programme which sets out a clear roadmap for action by the Community institutions; insists on detailed consultation with Parliament on its content and on the creation of an effective Commission-Parliament mechanism for joint programming; |
|
7. |
Supports the idea that Member States should make a larger and more practical contribution to growth and employment, and endorses the idea of introducing “national reform programmes” following open discussion with stakeholders and consultation of national parliaments; |
|
8. |
Regrets, however, that the recommendation of the high-level group that the Commission should report annually on which Member States perform best on the Lisbon goals and which Member States lag behind was not endorsed by the European Council; |
|
9. |
Recalls that the well-being of EU citizens is a prerequisite for Europe's economic and competitive success; welcomes the prospect of a Green Paper on demographic trends in the EU and reiterates the need for this to be followed by concrete action; |
|
10. |
Reiterates its view that the Lisbon Strategy should be a means to reinforce the European social model through greater social cohesion, to raise the rate and quality of employment, to improve adaptability of workers, to invest in human capital, to modernise and secure social protection, to promote equal opportunities and gender balance, and to facilitate the balance between work and family life; |
|
11. |
Confirms the need for a solid industrial fabric throughout Europe's territory and the necessity of pursuing an active industrial policy; |
|
12. |
Notes that the vital role of SMEs in innovation, growth and employment is explicitly recognised; |
|
13. |
Shares the view that environmental policy plays an essential role in sustainable growth which contributes to employment, and underlines the importance of focusing on eco-innovation and environmental technologies, thus allowing the EU to take up a number of challenges in the area of natural resources and the environment, such as bio-diversity and climate change; |
|
14. |
Welcomes the European Council's commitment to a fully operational internal market in services compatible with the European social model in order to enhance competitiveness, job creation and growth, while guaranteeing social responsibility, protection of consumers' rights and social and environmental standards; agrees that all efforts should be undertaken within the legislative process to secure a broad consensus for a directive on services that meets all these objectives; |
|
15. |
Agrees and confirms that REACH has to reconcile environmental and health concerns with the need to promote the competitiveness of European industry, while paying particular attention to SMEs and their ability to innovate; |
|
16. |
Emphasises the need to guarantee the necessary financial resources for implementing the Lisbon Agenda at the level of the EU budget and the national budgets; |
|
17. |
Requests that national and European budgets, including the future Financial Perspective 2007-2013, be an expression of the goals pursued in the framework of the Lisbon Process; welcomes the strong support of the European Council for the priority projects of the Trans-European Transport Network and calls on the Council and the Member States to speed up the planning and to allocate the necessary financial resources from national budgets for the priority projects, especially for the missing cross-border links; |
|
18. |
Welcomes the position of the European Council regarding the importance and role which it assigns to cohesion policy and sustainable transport in the relaunch of the Lisbon Strategy and the growth and employment objectives; |
|
19. |
Welcomes the fact that the overall objective of 3 % investment of the EU's GDP in the field of Research and Development has been retained, with an appropriate split between private and public investment; calls on the Member States and the EU to give priority to research programmes that match the objectives of enhancing quality of life and strengthening a sustainable economy; points to the importance of investment in innovation and new technology as a key component in dealing with the challenges facing the EU in a globalising world; |
|
20. |
Believes that a more coherent European investment initiative is essential to the success of the Lisbon Strategy; |
III. Sustainable development
|
21. |
Shares the view that environmental policy represents an important contribution to sustainable growth and employment and that the EU must take up a number of challenges related to natural resources and environment, such as climate change and environmental technologies; welcomes the focus given to environmental policies as an asset for growth, employment, competitiveness and, last but not least, the quality of life; supports the Council's call for rapid implementation of the action plan for ecotechnology; |
|
22. |
Is disappointed by the timetable agreed upon for reviewing the EU's Sustainable Development Strategy, because it believes that environmental policy could offer substantial economic opportunities, especially considering its effects on industrial innovation; therefore urges the Commission to act decisively and submit the appropriate proposals as soon as possible; believes that it is necessary to allocate adequate financial resources to achieve the goals defined under the revised Lisbon Strategy; |
|
23. |
Reiterates the need for sustainable management and use of natural resources and asks the Commission to include this in its strategy; |
|
24. |
Believes that the Mid-Term Review should give due weight to the contribution that new technologies with a promising future, as well as environmental technologies and high environmental standards, can make to a winning competitive strategy; calls for increased support for eco-technologies and eco-efficient innovations; more broadly, underlines the role of quality of life as a factor in investment and industrial location; believes that ignoring climate change and loss of biodiversity will seriously impair the ability to achieve these goals; |
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25. |
Recalls the need to pay urgent attention to the threat of communicable diseases, especially a potential influenza pandemic which could particularly affect the most vulnerable sections of the population such as children and the elderly; |
IV. Climate change
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26. |
Welcomes the will to explore options for a post-2012 arrangement in the UN climate change process together with the development of a long-term EU strategy, and the consideration of emission reduction pathways in the order of 15-30 % by 2020 as a target for developed countries; insists that the EU should retain its leading role in international efforts to tackle climate change and present concrete proposals for an ambitious programme beyond 2012; |
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27. |
Emphasises that the objectives of the Kyoto Protocol are an essential condition for a global strategy on climate change, but that further targets need to be set for the period after 2012, and global emissions should be reduced by half by 2050 in order to contain global warming so that it peaks below 2 °C above pre-industrialisation levels; |
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28. |
Stresses that additional policies and measures are necessary to achieve the collective EU-15 Kyoto target, particularly in the energy and transport sectors, where emissions are projected to continue to grow significantly; |
|
29. |
Urges the Member States to take further measures to increase energy saving, improve energy efficiency and switch to renewable energy sources, and reiterates its demand that international agreements should be negotiated so as to incorporate emissions from international flights and shipping in the emission reduction targets for the second commitment period from 2012; |
V. Preparing for the UN Summit
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30. |
Welcomes the priority attached by the European Council to the preparations for the UN Summit on the Millennium Development Goals in September; emphasises that the EU and the Member States must demonstrate their commitment to development and the Millennium Development Goals by increasing the proportion of the EU budget allocated to development and improving the effectiveness of aid by, for example, working towards the complete untying of all development aid; |
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31. |
Strongly supports the European Council's assertion that the Union's support for Africa should be reinforced; welcomes the initiatives on Africa proposed by the Commission for 2005; stresses that this focus on the poorest countries, which is in line with efforts to achieve the Millennium Development Goals and the Union's commitment to poverty eradication, must be supported by a large increase in aid from both the Union and the Member States; |
|
32. |
Strongly supports the UN Secretary-General's call on the Heads of State and Government of developed countries to establish clear timetables for achieving the target of 0,7 % of GNI for official development assistance; urges Member States to approve without delay the forthcoming Commission proposals for such a concrete timetable; |
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33. |
Fully endorses the UN Secretary-General's call on the Heads of State and Government of developed countries to agree upon the launching of a series of “quick-win” initiatives as proposed by the UN Millennium Project headed by Professor Jeffrey Sachs; |
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34. |
Urges the Member States to show their dedication to respect for human rights by supporting the UN Secretary-General's proposal to replace its Human Rights Commission with a stronger and more credible Human Rights Council; |
VI. External relations
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35. |
Recalls that Parliament has repeatedly insisted that the arms embargo on China should not be lifted under current conditions and notes with satisfaction that the European Council did not take any further steps towards lifting the embargo; |
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36. |
Welcomes the European Council's decision to create a task force to report on Croatia's progress in meeting the conditions for opening accession negotiations with the European Union, and urges the Council and Commission to send the Monitoring Task Force to Croatia as soon as possible in order to provide the next Council meeting with reliable results as a basis for decision-making; |
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37. |
Reiterates its position on the ongoing situation in Lebanon, and welcomes the announcement by the Syrian Foreign Minister that all Syrian troops, military assets and intelligence apparatus will be withdrawn fully and completely by 30 April 2005 in compliance with UN Security Council Resolution 1559 (2004); calls on the Member States and the Council to raise the question of stabilisation of Lebanon in the UN Security Council; hopes that a new government will be formed as a contribution to the stability of the country with the aim of organising free, fair and transparent elections as foreseen; urges the Council to provide for an EU election observation mission, including in the run-up to the elections, in agreement with the Lebanese authorities; |
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38. |
Considers that recent events in Kyrgyzstan show the Kyrgyzstan people's desire for democratic change, and endorses the Council declaration asking the newly appointed leaders of that country to start a dialogue in order to guarantee the democratic process, which includes full respect for the rule of law and human rights, through national reconciliation; |
*
* *
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39. |
Instructs its President to forward this resolution to the Council, the Commission and the national parliaments of the Member States and of Bulgaria and Romania. |
(1) Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (OJ L 209, 2.8.1997, p. 1).
(2) Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (OJ L 209, 2.8.1997, p. 6).