TESTI ADOTTATI (1)
(1) Għalissa dawn it-testi m'humiex disponibbli bil-Malti.
P6 TA(2005)0390
EC-Azerbaijan Agreement on certain aspects of air services *
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Azerbaijan on certain aspects of air services (COM(2005)0060 — C6-0130/2005 — 2005/0011(CNS))
(Consultation procedure)
The European Parliament,
|
— |
having regard to the proposal for a Council decision (COM(2005)0060) (1), |
|
— |
having regard to Articles 80(2) and 300(2), first subparagraph, first sentence, of the EC Treaty, |
|
— |
having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0130/2005), |
|
— |
having regard to Rules 51 and 83(7) of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Transport and Tourism (A6-0230/2005), |
|
1. |
Approves the conclusion of the agreement; |
|
2. |
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 Azerbaijan. |
(1) Not yet published in OJ.
P6 TA(2005)0391
Draft amending budget No 6/2005 (Amendment)
Draft amending Budget No 6/2005 of the European Union for the financial year 2005 — Section IV — Court of Justice — Establishment of the Civil Service Tribunal (12180/2005 — C6-0304/2005 — 2005/2159(BUDG))
Amendment 1
SECTION IV — Court of Justice
Establishment plan: Creation of 2 permanent B*3, 2 permanent C*1 posts and 4 temporary B*3 posts.
Staff in active employment
|
Line |
2005 Budget |
DAB 6/2005 |
Amendment |
2005 Budget + DAB 6 (amended) |
|
|
Commitments |
Commitments |
Commitments |
Commitments |
|
1 1 0 0 |
Basic salaries |
|||
|
|
111 633 022 |
111 964 022 |
+73 000 |
112 037 022 |
|
1 1 0 1 |
Family allowances |
|||
|
|
8 940 000 |
8 967 000 |
+6 000 |
8 973 000 |
|
1 1 0 2 |
Expatriation and foreign residence allowances (including Article 97 of the ECSC Staff Regulations) |
|||
|
|
17 770 000 |
17 823 000 |
+12 000 |
17 835 000 |
|
1 1 3 0 |
Insurance against siclcness |
|||
|
|
3 890 000 |
3 902 000 |
+3 000 |
3 905 000 |
|
1 1 8 1 |
Travel expenses (including family members) |
|||
|
|
42 000 |
45 000 |
+2 000 |
47 000 |
|
1 1 8 2 |
Installation, resettlement and transfer allowances |
|||
|
|
1 170 000 |
1 223 000 |
+30 000 |
1 253 000 |
|
1 1 8 3 |
Removal expenses |
|||
|
|
217 000 |
238 000 |
+10 000 |
248 000 |
|
1 1 8 4 |
Temporary daily subsistence allowances |
|||
|
|
956 000 |
1 008 000 |
+23 000 |
1 031 000 |
|
1 1 9 1 |
Provisional appropriation |
|||
|
|
1 973 000 |
1 242 000 |
- 159 000 |
1 083 000 |
Justification
Create 8 posts (2 permanent B*3, 2 permanent C*1 and 4 temporary B*3) not approved by the Council and restore the figures of the preliminary draft amending budget 7/2005.
P6 TA(2005)0392
Draft amending budget No 6/2005
European Parliament resolution on Draft amending budget No 6/2005 of the European Union for the financial year 2005, Section IV — Court of Justice — Establishment of the Civil Service Tribuna1 (12180/2005 — C6-0304/2005 — 2005/2159(BUD))
The European Parliament,
|
— |
having regard to the Treaty establishing the European Community, and in particular Article 272(4), penultimate subparagraph, thereof, |
|
— |
having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 177 thereof, |
|
— |
having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and in particular Articles 37 and 38 thereof, |
|
— |
having regard to the general budget of the European Union for the financial year 2005, as finally adopted on 16 December 2004 (2), |
|
— |
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 (3), |
|
— |
having regard to Preliminary draft amending budget No 7/2005 of the European Union for the financial year 2005, which the Commission presented on 5 September 2005 (COM(2005)0419), |
|
— |
having regard to Draft amending budget No 6/2005, which the Council established on 3 October 2005 (12180/2005 — C6-0304/2005), |
|
— |
having regard to Rule 69 and Annex IV of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Budgets (A6-0306/2005), |
|
A. |
whereas the Council has decided to establish the Civil Service Tribunal, |
|
B. |
whereas the date for the Civil Service Tribunal to become operational was brought forward to 2005, |
|
1. |
Decides to create all posts requested for the Civil Service Tribunal in Preliminary draft amending budget No 7/2005 and to adjust the appropriations in Draft amending budget No 6/2005 accordingly; |
|
2. |
Approves Draft amending budget No 6/2005 as amended; |
|
3. |
Instructs its President to forward this resolution, together with the amendment to Draft amending budget No 6/2005, to the Council, the Commission and the Court of Justice. |
(1) OJ L 248, 16.9.2002, p. 1.
(3) OJ C 172, 18.6.1999, p. 1. Agreement amended by Decision 2003/429/EC (OJ L 147, 14.6.2003, p. 25).
P6 TA(2005)0393
Waste shipments ***II
European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on shipments of waste (15311/4/2004 — C6-0223/2005 — 2003/0139(COD))
(Codecision procedure: second reading)
The European Parliament,
|
— |
having regard to the Council common position (15311/4/2004 — C6-0223/2005), |
|
— |
having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0379) (2), |
|
— |
having regard to the amended Commission proposal (COM(2004)0172) (3), |
|
— |
having regard to Article 2 51(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 (A6-0287/2005), |
|
1. |
Approves the common position as amended; |
|
2. |
Instructs its President to forward its position to the Council and Commission. |
(1) OJ C 87 E, 7.4.2004, p. 281.
(2) Not yet published in OJ.
(3) Not yet published in OJ.
P6 TC2-COD(2003)0139
Position of the European Parliament adopted at second reading on 25 October 2005 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council on shipments of waste
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,
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 2 51 of the Treaty (2),
Whereas:
|
(1) |
The main and predominant objective and component of this Regulation is the protection of the environment, its effects on international trade being only incidental. |
|
(2) |
Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (3) has already been significantly amended on several occasions and requires further amendment. It is necessary, in particular, to incorporate in that Regulation the content of Commission Decision 94/774/EC of 24 November 1994 concerning the standard consignment note referred to in Council Regulation (EEC) No 259/93 (4) and of Commission Decision 1999/412/EC of 3 June 1999 concerning a questionnaire for the reporting obligation of Member States pursuant to Article 41(2) of Council Regulation (EEC) No 259/93 (5). Regulation (EEC) No 259/93 should therefore be replaced in the interests of clarity. |
|
(3) |
Council Decision 93/98/EEC (6) concerned the conclusion, on behalf of the Community, of the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal (7), to which the Community has been a Party since 1994. By adapting Regulation (EEC) No 259/93, the Council has established rules to curtail and to control such movements designed, inter alia, to make the existing Community system for the supervision and control of waste movements comply with the requirements of the Basel Convention. |
|
(4) |
Council Decision 97/640/EC (8) concerned the approval, on behalf of the Community, of the amendment to the Basel Convention, as laid down in Decision III/1 of the Conference of the Parties. By that amendment, all exports of hazardous waste destined for disposal from countries listed in Annex VII to the Convention to countries not listed therein were prohibited, as were, with effect from 1 January 1998, all such exports of the hazardous waste referred to in Article 1(1)(a) of the Convention and destined for recovery. Regulation (EEC) No 259/93 was amended accordingly by Council Regulation (EC) No 120/97 (9). |
|
(5) |
In view of the fact that the Community has approved Decision C(2001)107/Fina1 of the OECD Council of 14 June 2001 concerning the revision of Decision C(92)39/Final on the control of transboundary movements of wastes destined for recovery operations (OECD Decision), in order to harmonise waste lists with the Basel Convention and revise certain other requirements, it is necessary to incorporate the content of that Decision in Community legislation. |
|
(6) |
The Community has signed the Stockhohn Convention of 22 May 2001 on persistent organic pollutants. |
|
(7) |
It is important to organise and regulate the supervision and control of shipments of waste in a way which takes account of the need to preserve, protect and improve the quality of the environment and human health and which promotes a more uniform application of the Regulation throughout the Community. |
|
(8) |
It is also important to bear in mind the requirement laid down in Article 4(2)(d) of the Basel Convention that shipments of hazardous waste are to be reduced to a minimum, consistent with environmentally sound and efficient management of such waste. |
|
(9) |
Furthermore, it is important to bear in mind the right of each Party to the Basel Convention, pursuant to Article 4(1) thereof, to prohibit the import of hazardous waste or of waste listed in Annex II to that Convention. |
|
(10) |
Shipments of waste generated by armed forces or relief organisations should be excluded from the scope of this Regulation when imported into the Community in certain situations (including transit within the Community when the waste enters the Community). The requirements of international law and international agreements should be respected in relation to such shipments. In such cases, any competent authority of transit and the competent authority of destination in the Community should be informed in advance concerning the shipment and its destination. |
|
(11) |
It is necessary to avoid duplication with Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (10), which already contains provisions covering the overall consignment, channelling and movement (collection, transport, handling, processing, use, recovery or disposal, record keeping, accompanying documents and traceability of animal by-products within, into and out of the Community. |
|
(12) |
The Commission should report by the date of entry into force of this Regulation on the relationship between the existing sectoral legislation on animal and public health and the provisions of this Regulation, and should submit by that date any proposals needed to bring such legislation into line with this Regulation in order to achieve an equivalent level of control. |
|
(13) |
Although the supervision and control of shipments of waste within a Member State is a matter for that Member State, national systems concerning shipments of waste should take account of the need for coherence with the Community system in order to ensure a high level of protection of the environment and human health. |
|
(14) |
In the case of shipments of waste destined for disposal operations and waste not listed in Annex III, IIIA or IIIB destined for recovery operations, it is appropriate to ensure optimum supervision and control by requiring prior written consent to such shipments. Such a procedure should in turn entail prior notification, which enables the competent authorities to be duly informed so that they can take all necessary measures for the protection of human health and the environment. It should also enable those authorities to raise reasoned objections to such a shipment. |
|
(15) |
In the case of shipments of waste listed in Annex III, IIIA or IIIB destined for recovery operations, it is appropriate to ensure a minimum level of supervision and control by requiring such shipments to be accompanied by certain information. |
|
(16) |
In view of the need for uniform application of this Regulation and for the proper functioning of the internal market, it is necessary in the interests of efficiency to require that notifications be processed through the competent authority of dispatch. |
|
(17) |
It is also important to clarify the system of financial guarantees or equivalent insurance. |
|
(18) |
Considering the responsibility of waste producers for the environmentally should management of waste, the notification and movement documents for waste shipments should, where practicable, be filled in by the waste producers. |
|
(19) |
It is necessary to provide procedural safeguards for the notifier, both in the interests of legal certainty and to ensure uniform application of this Regulation and the proper functioning of the internal market. |
|
(20) |
In the case of shipments of waste for disposal, Member States should take into account the principles of proximity, priority for recovery and self-sufficiency at Community and national levels, in accordance with Council Directive 75/442/EEC of 15 July 1975 on waste (11), by taking measures in accordance with the Treaty to prohibit generally or partially or to object systematically to such shipments. Account should also be taken of the requirement laid down in Directive 75/442/EEC, whereby Member States are to establish an integrated and adequate network of waste disposal installations, in order to enable the Community as a whole to become self-sufficient in waste disposal and the Member States to move towards that aim individually, taking into account geographical circumstances or the need for specialised installations for certain types of waste. Member States should also be able to ensure that the waste management facilities covered by Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (12) apply best available techniques as defined in that Directive in compliance with the permit of the facility, and that the waste is treated in accordance with legally binding environmental protection standards in relation to disposal operations established in Community legislation. |
|
(21) |
In the case of shipments of waste destined for recovery, Member States should be able to ensure that the waste management facilities covered by Directive 96/61/EC apply best available techniques as defined in that Directive in compliance with the permit of the facility. Member States should also be able to ensure that waste is treated in accordance with legally binding environmental protection standards in relation to recovery operations established in Community legislation and that, taking account of Article 7(3) of Directive 75/442/EEC, waste is treated in accordance with waste management plans established pursuant to that Directive with the purpose of ensuring the implementation of legally binding recovery or recycling obligations established in Community legislation. |
|
(22) |
The development of mandatory requirements for waste facilities and the treatment of specific waste materials at Community level, in addition to the existing provisions of Community law, can contribute to the creation of a high level of environmental protection across the Community, assist in the creation of a level playing field for recycling and help to ensure that the development of an economically viable internal market for recycling is not hindered. Therefore there is a need to develop a Community level playing field for recycling through the application of common standards in certain areas, as appropriate and including in relation to secondary materials, in order to increase the quality of recycling. The Commission should submit, as appropriate, proposals for such standards for certain wastes and certain recycling facilities as soon as practicable based on further examination in the context of the waste strategy and taking into account existing Community legislation and legislation in the Member States. In the interim, it should be possible, under certain conditions, to object to planned shipments where the related recovery would not be in accordance with national legislation in the country of dispatch relating to the recovery of waste. In the interim, the Commission should also keep under review the situation regarding possible undesired shipments of waste to the new Member States and, if necessary, submit appropriate proposals to deal with such situations. |
|
(23) |
An obligation should be laid down to the effect that waste from a shipment that cannot be completed as intended is to be taken back to the country of dispatch or recovered or disposed of in an alternative way. |
|
(24) |
It should also be made compulsory for the person whose action is the cause of an illegal shipment to take back the waste involved or make alternative arrangements for its recovery or disposal. Failing that, the competent authorities of dispatch or destination, as appropriate, should intervene themselves. |
|
(25) |
It is necessary, in order to protect the environment of the countries concerned, to clarify the scope of the prohibition laid down in accordance with the Basel Convention of exports from the Community of any waste destined for disposal in a third country other than an EFTA (European Free Trade Association) country. |
|
(26) |
Countries that are Parties to the Agreement on the European Economic Area may adopt the control procedures provided for shipments within the Community. |
|
(27) |
It is also necessary, in order to protect the environment of the countries concerned, to clarify the scope of the prohibition of exports of hazardous waste destined for recovery in a country to which the OECD Decision does not apply, also laid down in accordance with the Basel Convention. In particular, it is necessary to clarify the list of waste to which that prohibition applies and to ensure that it also includes the waste listed in Annex II to the Basel Convention, namely waste collected from households and residues from the incineration of household waste. |
|
(28) |
Specific arrangements should be maintained for exports of non-hazardous waste destined for recovery in countries to which the OECD Decision does not apply and provision should be made for them to be further streamlined at a later date. |
|
(29) |
Imports into the Community of waste for disposal should be permitted where the exporting country is a Party to the Basel Convention. Imports into the Community of waste for recovery should be permitted where the exporting country is one to which the OECD Decision applies or is a Party to the Basel Convention. In other cases, however, imports should be allowed only if the exporting country is bound by a bilateral or multilateral agreement or arrangement compatible with Community legislation and in accordance with Article 11 of the Basel Convention, except when this is not possible during situations of crisis, peacemaking, peacekeeping or war. |
|
(30) |
This Regulation should be applied in accordance with international maritime law. |
|
(31) |
This Regulation should reflect the rules regarding exports and imports of waste to and from the overseas countries and territories laid down in Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (“Overseas Association Decision”) (13). |
|
(32) |
The necessary steps should be taken to ensure that, in accordance with Directive 75/442/EEC and other Community legislation on waste, waste shipped within the Community and waste imported into the Community is managed, throughout the period of shipment and including recovery or disposal in the country of destination, without endangering human health and without using processes or methods which could harm the environment. As regards exports from the Community that are not prohibited, efforts should be made to ensure that the waste is managed in an environmentally sound manner throughout the period of shipment and including recovery or disposal in the third country of destination. The facility which receives the waste should be operated in accordance with human health and environmental protection standards that are broadly equivalent to those established in Community legislation. A list of non-binding guidelines should be established in which guidance may be sought on environmentally sound management. |
|
(33) |
Member States should provide the Commission with information concerning the implementation of this Regulation, both through the reports submitted to the Secretariat of the Basel Convention and on the basis of a separate questionnaire. |
|
(34) |
It is necessary to ensure the safe and environmentally sound management of ship dismantling in order to protect human health and the environment. Furthermore, it should be noted that a ship may become waste as defined in Article 2 of the Basel Convention and that at the same time it may be defined as a ship under other international rules. It is important to recall that work is ongoing, involving inter-agency cooperation between ILO, IMO and the Basel Convention, to establish mandatory requirements at the global level ensuring an efficient and effective solution to the problem of ship dismantling. |
|
(35) |
Member States should be required to ensure that, in accordance with the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 25 June 1998 (Aarhus Convention), the relevant competent authorities make publicly available by appropriate means information on notifications of shipments, where such information is not confidential under national or Community legislation. |
|
(36) |
Efficient international cooperation regarding control of shipments of waste is instrumental in ensuring that shipments of hazardous waste are controlled. Information exchange, shared responsibility and cooperative efforts between the Community and its Member States and third countries should be promoted with a view to ensuring sound management of waste. |
|
(37) |
Certain Annexes to this Regulation should be adopted by the Commission in accordance with the procedure referred to in Article 18(2) of Directive 75/442/EEC. This procedure should also apply to the amendment of the Annexes to take account of scientific and technical progress, of modifications in the relevant Community legislation or of events connected to the OECD Decision or to the Basel Convention and other related international conventions and agreements. |
|
(38) |
In preparing the instructions for completing the notification and movement documents to be set out in Annex IC, the Commission, taking into account the OECD Decision and the Basel Convention, should specify, inter alia, that the notification and movement documents should, as far as possible, be on two pages and what the precise timing is for completion of the notification and movement documents in Annex IA and IB, taking into account Annex II. In addition, where terminology and requirements differ between the OECD Decision or the Basel Convention and this Regulation, the specific requirements should be clarified. |
|
(39) |
In considering the mixtures of wastes to be added in Annex IIIA, the following information should be considered, inter alia: the properties of the waste such as its possible hazardous characteristics, its potential for contamination and its physical state; the management aspects, such as the technological capacity to recover the waste, and the environmental benefits arising from the recovery operation, including whether the environmentally sound management of the waste may be impaired. The Commission should progress towards the completion of this Annex as far as possible before the date of entry into force of this Regulation and complete this task at the latest six months after that date. |
|
(40) |
Additional measures related to the implementation of this Regulation should also be adopted by the Commission in accordance with the procedure referred to in Article 18(2) of Directive 75/442/EEC. These should include a method for calculating the financial guarantee or equivalent insurance to be completed by the Commission, if possible, before the date of application of this Regulation. |
|
(41) |
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 (14). |
|
(42) |
Since the objective of this Regulation, namely to ensure protection of the environment when waste is subject to shipment, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects thereof, 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, |
HAVE ADOPTED THIS REGULATION:
TITLE I
SCOPE AND DEFINITIONS
Article 1
Scope
1. This Regulation establishes procedures and control regimes for the shipment of waste, depending on the origin, destination and route of the shipment, the type of waste shipped and the type of treatment to be applied to the waste at its destination.
2. This Regulation shall apply to shipments of wastes
|
(a) |
between Member States, within the Community or with transit through third countries; |
|
(b) |
imported into the Community from third countries; |
|
(c) |
exported from the Community to third countries; |
|
(d) |
in transit through the Community, on the way from and to third countries. |
3. The following shall be excluded from the scope of this Regulation:
|
(a) |
the offloading to shore of waste, including waste water and residues, generated by the normal operation of Ships and offshore platforms, provided that such waste is subject to the requirements of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (Marpol 73/78), or other binding international instruments; |
|
(b) |
waste generated on board vehicles, trains, aeroplanes and Ships, until such waste is offloaded in order to be recovered or disposed of; |
|
(c) |
shipments of radioactive waste as defined in Article 2 of Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community (15); |
|
(d) |
shipments of the waste referred to in point 1(b) (ii), (iv) and (v) of Article2 of Directive 75/442/EEC, where such shipments are already covered by other Community legislation containing similar provisions; |
|
(e) |
shipments which are subject to the approval requirements of Regulation (EC) No 1774/2002; |
|
(f) |
shipments of waste from the Antarctic into the Community which are in accordance with the requirements of the Protocol on Environmental Protection to the Antarctic Treaty (1991); |
|
(g) |
imports into the Community of waste generated by armed forces or relief organisations in situations of crisis, peacemaking or peacekeeping operations where such waste is shipped, by the armed forces or relief organisations concerned or on their behalf, directly or indirectly to the country of destination. In such cases, any competent authority of transit and the competent authority of destination in the Community shall be informed in advance concerning the shipment and its destination. |
4. Shipments of waste from the Antarctic to countries outside the Community, which transit through the Community, shall be subject to Articles 36 and 49.
5. Shipments of waste exclusively within a Member State shall be subject only to Article 33.
Article 2
Definitions
For the purposes of this Regulation:
|
1) |
“waste” is as defined in Article 1(a) of Directive 75/442/EEC; |
|
2) |
“hazardous waste” is as defined in Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (16); |
|
3) |
“mixture of wastes” means waste that results from an intentional or unintentional mixing of two or more different wastes and for which mixture no single entry exists in Annexes III, IIIB, IV and IVA. Waste shipped in a single shipment of wastes, consisting of two or more wastes, where each waste is separated, is not a mixture of wastes; |
|
4) |
“disposal” is as defined in Article 1(e) of Directive 75/442/EEC; |
|
5) |
“interim disposal” means disposal operations D 13 to D 15 as defined in Annex II A to Directive 75/ 442/EEC; |
|
6) |
“recovery” is as defined in Article 1(f) of Directive 75/442/EEC; |
|
7) |
“interim recovery” means recovery operations R 12 and R 13 as defined in Annex IIB to Directive 75/ 442/EEC; |
|
8) |
“environmentally sound management” means taking all practicable steps to ensure that waste is managed in a manner that will protect human health and the environment against adverse effects which may result from such waste; |
|
9) |
“producer” is anyone whose activities produce waste (original producer) and/or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste (new producer) (as defined in Article 1(b) of Directive 75/442/EEC); |
|
10) |
“holder” is the producer of the waste or the natural or legal person who is in possession of it (and as defined in Article 1(c) of Directive 75/442/EEC); |
|
11) |
“collector” is anyone carrying out waste collection as defined in Article 1(g) of Directive 75/442/EEC; |
|
12) |
“dealer” is anyone who acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste, and as referred to in Article 12 of Directive 75/442/EEC; |
|
13) |
“broker” is anyone arranging the recovery or disposal of waste on behalf of others, including such brokkes who do not take physical possession of the waste, as referred to in Article 12 of Directive 75/442/EEC; |
|
14) |
“consignee” means the person or undertaking under the jurisdiction of the country of destination to whom or to which the waste is shipped for recovery or disposal; |
|
15) |
“notifier” means:
Should a notifier specified in (iv) or (v) fail to fulfil any of the take-back obligations set out in Articles 22 to 25, the original producer, new producer or licensed collector specified in (i), (ii) or (iii) respectively who authorised that dealer or broker to act on his behalf shall be deemed to be the notifier for the purposes of the said take-back obligations. In circumstances of illegal shipment notifified by a dealer or broker specified in (iv) or (v), the person specified in (i), (ii) or (iii) who authorised that dealer or broker to act on his behalf shall be deemed to be the notifier for the purposes of this Regulation;
|
|
(16) |
“Basel Convention” means the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal; |
|
(17) |
“OECD Decision” means Decision C(2001)107/Final of the OECD Council concerning the revision of Decision C(92)39/Final on control of transboundary movements of wastes destined for recovery operations; |
|
18) |
“competent authority” means:
|
|
19) |
“competent authority of dispatch” means the competent authority for the area from which the shipment is planned to be initiated or is initiated; |
|
20) |
“competent authority of destination” means the competent authority for the area to which the shipment is planned or takes place, or in which waste is loaded prior to recovery or disposal in an area not under the national jurisdiction of any country; |
|
21) |
“competent authority of transit” means the competent authority for any country, other than that of the competent authority of dispatch or destination, through which the shipment is planned or takes place; |
|
22) |
“country of dispatch” means any country from which a shipment of waste is planned to be initiated or is initiated; |
|
23) |
“country of destination” means any country to which a shipment of waste is planned or takes place for recovery or disposal therein, or for the purpose of loading prior to recovery or disposal in an area not under the national jurisdiction of any country; |
|
24) |
“country of transit” means any country, other than the country of dispatch or destination, through which a shipment of waste is planned or takes place; |
|
25) |
“area under the national jurisdiction of a country” means any land or marine area within which a state exercises administrative and regulatory responsibility in accordance with international law as regards the protection of human health or the environment; |
|
26) |
“overseas countries and territories” means the overseas countries and territories as listed in Annex IA to Decision 2001/822/EC; |
|
27) |
“customs office of export from the Community” is the customs office as defined in Article 161(5) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (17); |
|
28) |
“customs office of exit from the Community” is the customs office as defined in Article 793(2) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (18); |
|
29) |
“customs office of entry into the Community” is the customs office where waste brought into the customs territory of the Community shall be conveyed to in accordance with Article 38(1) of Regulation (EEC) No 2913/92; |
|
30) |
“import” means any entry of waste into the Community but excluding transit through the Community; |
|
31) |
“export” means the action of waste leaving the Community but excluding transit through the Community; |
|
32) |
“transit” means a shipment of waste or a planned shipment of waste through one or more countries other than the country of dispatch or destination; |
|
33) |
“transport” means the carriage of waste by road, rail, air, sea or inland waterways; |
|
34) |
“shipment” means the transport of waste destined for recovery or disposal which is planned or takes place:
|
|
35) |
“illegal shipment” means any shipment of waste effected:
|
TITLE II
SHIPMENTS WITHIN THE COMMUNITY WITH OR WITHOUT TRANSIT THROUGH THIRD COUNTRIES
Article 3
Overall procedural framework
1. Shipments of the following wastes shall be subject to the procedure of prior written notification and consent as laid down in the provisions of this Title:
|
(a) |
if destined for disposal operations: all wastes; |
|
(b) |
if destined for recovery operations:
|
2. Shipments of the following wastes destined for recovery shall be subject to the general requirements laid down in Article 18 , if the amount of waste shipped exceeds 20 kg :
|
(a) |
waste listed in Annex III or IIIB; |
|
(b) |
mixtures, not classified under one single entry in Annex III, of two or more wastes listed in Annex III, provided that the composition of these mixtures does not impair their environmentally sound recovery and provided that such mixtures are listed in Annex IIIA, in accordance with Article 58. |
3. For wastes listed in Annex III, in exceptional cases, the relevant provisions shall apply as if they had been listed in Annex IV, if they display any of the hazardous characteristics listed in Annex III to Directive 91/689/EEC. These cases shall be treated in accordance with Article 58.
4. Shipments of waste explicitly destined for laboratory analysis to assess either its physical or chemical characteristics or to determine its suitability for recovery or disposal operations shall not be subject to the procedure of prior written notification and consent as described in paragraph 1. Instead, the procedural requirements of Article 18 shall apply. The amount of such waste exempted when explicitly destined for laboratory analysis shall be determined by the minimum quantity reasonably needed to adequately perform the analysis in each particular case, and shall not exceed 25 kg.
5. Shipments of mixed municipal waste (waste entry 20 03 01) collected from private households, including where such collection also covers such waste from other producers, to recovery or disposal facilities shall, in accordance with this Regulation, be subject to the same provisions as shipments of waste destined for disposal.
Chapter 1
Prior written notification and consent
Article 4
Notification
Where the notifier intends to ship waste as referred to in Article 3(1)(a) or (b), he/she shall submit a prior written notification to and through the competent authority of dispatch and, if submitting a general notification, comply with Article 13.
When a notification is submitted, the following requirements shall be fulfilled:
|
(1) |
Notification and movement documents: Notification shall be effected by means of the following documents:
In submitting a notification, the notifier shall fill in the notification document and, where relevant, the movement document. When the notifier is not the original producer in accordance with point 15(a)(i) of Article 2, the notifier shall ensure that this producer or one of the persons indicated in point 15(a)(ii) or (iii) of Article 2, where practicable, also signs the notification document set out in Annex IA. The notification document and the movement document shall be issued to the notifier by the competent authority of dispatch. |
|
(2) |
Information and documentation in the notification and movement documents: The notifier shall supply on, or annex to, the notification document information and documentation as listed in Annex II, Part 1. The notifier shall supply on, or annex to, the movement document information and documentation referred to in Annex II, Part 2, to the extent possible at the time of notification. A notification shall be considered properly carried out when the competent authority of dispatch is satisfied that the notification document and movement document have been completed in accordance with the first subparagraph. |
|
(3) |
Additional information and documentation: If requested by any of the competent authorities concerned, the notifier shall supply additional information and documentation. A list of additional information and documentation that may be requested is set out in Annex II, Part 3. A notification shall be considered properly completed when the competent authority of destination is satisfied that the notification document and the movement document have been completed and that the information and documentation as listed in Annex II, Parts 1 and 2, as well as any additional information and documentation requested in accordance with this paragraph and as listed in Annex II, Part 3, have been supplied by the notifier. |
|
(4) |
Conclusion of a contract between the notifier and the consignee: The notifier shall conclude a contract as described in Article 5 with the consignee for the recovery or disposal of the notifified waste. Evidence of this contract or a declaration certifying its existence in accordance with Annex IA shall be supplied to the competent authorities involved at the time of notification. A copy of the contract or such evidence to the satisfaction of the competent authority concerned shall be provided by the notifier or consignee upon request by the competent authority. |
|
(5) |
Establishment of a financial guarantee or equivalent insurance: A financial guarantee or equivalent insurance shall be established as described in Article 6. A declaration to this effect shall be made by the notifier through completion of the appropriate part of the notification document set out in Annex IA. The financial guarantee or equivalent insurance (or if the competent authority so allows, evidence of that guarantee or insurance or a declaration certifying its existence) shall be supplied as part of the notification document at the time of notification or, if the competent authority so allows, pursuant to national legislation, at such time before the shipment starts. |
|
(6) |
Coverage of the notification: A notification shall cover the shipment of waste from its initial place of dispatch and including its interim and non-interim recovery or disposal. If subsequent interim or non-interim operations take place in a country other than the first country of destination, the non-interim operation and its destination shall be indicated in the notification and Article 15(f) shall apply. Only one waste identification code shall be covered for each notification, except for:
|
Article 5
Contract
1. All shipments of waste for which notification is required shall be subject to the requirement of the conclusion of a contract between the notifier and the consignee for the recovery or disposal of the notified waste.
2. The contract shall be concluded and effective at the time of notification and for the duration of the shipment until a certificate is issued in accordance with Article 15(e), Article 16(e) or, where appropriate, Article 15(d).
3. The contract shall include obligations:
|
(a) |
on the notifier to take the waste back if the shipment or the recovery or disposal has not been completed as intended or if it has been effected as an illegal shipment, in accordance with Article 22 and Article 24(2); |
|
(b) |
on the consignee to recover or dispose of the waste if it has been effected as an illegal shipment, in accordance with Article 24(3); and |
|
(c) |
on the facility to provide, in accordance with Article 16(e), a certificate that the waste has been recovered or disposed of, in accordance with the notification and the conditions specified therein and the requirements of this Regulation. |
4. If the waste shipped is destined for interim recovery or disposal operations, the contract shall include the following additional obligations:
|
(a) |
the obligation on the facility of destination to provide, in accordance with Article 15(d) and, where appropriate, Article 15(e), the certificates that the waste has been recovered or disposed of in accordance with the notification and the conditions specified therein and the requirements of this Regulation; and |
|
(b) |
the obligation on the consignee to submit, where applicable, a notification to the initial competent authority of the initial country of dispatch in accordance with Article 15(f)(ii). |
5. If the waste is shipped between two establishments under the control of the same legal entity, the contract may be replaced by a declaration by the entity in question undertaking to recover or dispose of the notified waste.
Article 6
Financial guarantee
1. All shipments of waste for which notification is required shall be subject to the requirement of a financial guarantee or equivalent insurance covering:
|
(a) |
costs of transport; |
|
(b) |
costs of recovery or disposal, including any necessary interim operation; and |
|
(c) |
costs of storage for 90 days. |
2. The financial guarantee or equivalent insurance is intended to cover costs arising in the context of
|
(a) |
cases where a shipment or the recovery or disposal cannot be completed as intended, as referred to in Article 22; and |
|
(b) |
cases where a shipment or the recovery or disposal is illegal as referred to in Article 24. |
3. The financial guarantee or equivalent insurance shall be established by the notifier or by another natural or legal person on its behalf and shall be effective at the time of the notification or, if the competent authority which approves the financial guarantee or equivalent insurance so allows, at the latest when the shipment starts, and shall apply to the notified shipment at the latest when the shipment starts.
4. The competent authority of dispatch shall approve the financial guarantee or equivalent insurance, including the form, wording and amount of the cover.
However, in cases of import into the Community, the competent authority of destination in the Community shall review the amount of cover and, if necessary, approve an additional financial guarantee or equivalent insurance.
5. The financial guarantee or equivalent insurance shall be valid for and cover a notified shipment and completion of recovery or disposal of the notified waste.
The financial guarantee or equivalent insurance shall be released when the competent authority concerned has received the certificate referred to in Article 16(e) or, where appropriate, in Article 15(e) as regards interim recovery or disposal operations.
6. By way of derogation from paragraph 5, if the waste shipped is destined for interim recovery or disposal operations and a further recovery or disposal operation takes place in the country of destination, the financial guarantee or equivalent insurance may be released when the waste leaves the interim facility and the competent authority concerned has received the certificate referred to in Article 15(d). In this case, any further shipment to a recovery or disposal facility shall be covered by a new financial guarantee or equivalent insurance unless the competent authority of destination is satisfied that such a financial guarantee or equivalent insurance is not required. In these circumstances, the competent authority of destination shall be responsible for obligations arising in the case of an illegal shipment or for take-back where the shipment or the further recovery or disposal operation cannot be completed as intended.
7. The competent authority within the Community which has approved the financial guarantee or equivalent insurance shall have access thereto and shall make use of the funding, including for the purpose of payments to other authorities concerned, in order to meet the obligations arising in accordance with Articles 23 and 25.
8. In the case of a general notification pursuant to Article 13, a financial guarantee or equivalent insurance covering parts of the general notification may be established, instead of one covering the entire general notification. In such cases, the financial guarantee or equivalent insurance shall apply to the shipment at the latest when the notified shipment it covers starts.
The financial guarantee or equivalent insurance shall be released when the competent authority concerned has received the certificate referred to in Article 16(e) or, where appropriate, in Article 15(e) as regards interim recovery or disposal operations for the relevant waste. Paragraph 6 shall apply mutatis mutandis.
9. Member States shall inform the Commission of provisions of national law adopted pursuant to this Article.
Article 7
Transmission of the notification by the competent authority of dispatch
1. Once the notification has been properly carried out, as described in the second subparagraph, point 2 of Article 4, the competent authority of dispatch shall retain a copy of the notification and transmit the notification to the competent authority of destination with copies to any competent authority(ies) of transit, and shall inform the notifier of the transmission. This shall be done within three working days of receipt of the notification.
2. If the notification is not properly carried out, the competent authority of dispatch shall request information and documentation from the notifier in accordance with the second subparagraph, point 2 of Article 4.
This shall be done within three working days of receipt of the notification.
In such cases the competent authority of dispatch shall have three working days following the receipt of the information and/or documentation requested in which to comply with paragraph 1.
3. Once the notification has been properly carried out, as described in the second subparagraph, point 2 of Article 4, the competent authority of dispatch may decide within three working days, not to proceed with the notification, if it has objections to the shipment in accordance with Articles 11 and 12.
It shall immediately inform the notifier of its decision and of these objections.
4. If, within 30 days of receipt of the notification, the competent authority of dispatch has not transmitted the notification as required under paragraph 1, it shall provide the notifier with a reasoned explanation upon his/her request. This shall not apply when the request for information, referred to in paragraph 2, has not been complied with.
Article 8
Requests for information and documentation by the competent authorities concerned and acknowledgement by the competent authority of destination
1. Following the transmission of the notification by the competent authority of dispatch, if any of the competent authorities concerned considers that additional information and documentation is required as referred to in the second subparagraph, point 3 of Article 4, it shall request such information and documentation from the notifier and inform the other competent authorities of such request. This shall be done within three working days of receipt of the notification. In such cases the competent authorities concerned shall have three working days following the receipt of the information and documentation requested in which to inform the competent authority of destination.
2. When the competent authority of destination considers that the notification has been properly completed, as described in the second subparagraph, point 3 of Article 4, it shall send an acknowledgement to the notifier and copies to the other competent authorities concerned. This shall be done within three working days of receipt of the properly completed notification.
3. If, within 30 days of receipt of the notification, the competent authority of destination has not acknowledged the notification as required under paragraph 2, it shall provide the notifier, upon his/her request, with a reasoned explanation.
Article 9
Consents by the competent authorities of destination, dispatch and transit and time periods for transport, recovery or disposal
1. The competent authorities of destination, dispatch and transit shall have 30 days following the date of transmission of the acknowledgement by the competent authority of destination in accordance with Article 8 in which to take one of the following duly reasoned decisions in writing as regards the notified shipment:
|
(a) |
consent without conditions; |
|
(b) |
consent with conditions in accordance with Article 10; or |
|
(c) |
objections in accordance with Articles 11 and 12. |
Tacit consent by the competent authority of transit may be assumed if no objection is lodged within the said 30-day time limit.
2. The competent authorities of destination, dispatch and, where appropriate, transit shall transmit their decision and the reasons therefor to the notifier in writing within the 30-day time limit referred to in paragraph 1, with copies to the other competent authorities concerned.
3. The competent authorities of destination, dispatch and, where appropriate, transit shall signify their written consent by appropriately stamping, signing and dating the notification document or their copies thereof.
4. A written consent to a planned shipment shall expire one calendar year after it is issued or on such later date as is indicated in the notification document. However, this shall not apply if a shorter period is indicated by the competent authorities concerned.
5. Tacit consent to a planned shipment shall expire one calendar year after the expiry of the 30-day time limit referred to in paragraph 1.
6. The planned shipment may take place only after fulfihnent of the requirements of Article 16(a) and (b) and during the period of validity of the tacit or written consents of all competent authorities.
7. The recovery or disposal of waste in relation to a planned shipment shall be completed no later than one calendar year from the receipt of the waste by the facility , unless a shorter period is indicated by the competent authorities concerned.
8. The competent authorities concerned shall withdraw their consent when they have knowledge that:
|
(a) |
the composition of the waste is not as notified; or |
|
(b) |
the conditions imposed on the shipment are not respected; or |
|
(c) |
the waste is not recovered or disposed of in compliance with the permit of the facility that performs the said operation; or |
|
(d) |
the waste is to be, or has been, shipped, recovered or disposed of in a way that is not in accordance with the information supplied on, or annexed to, the notification and movement documents. |
9. Any withdrawal of consent shall be transmitted by means of official notice to the notifier with copies to the other competent authorities concerned and to the consignee.
Article 10
Conditions for a shipment
1. The competent authorities of dispatch, destination and transit may, within 30 days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8, lay down conditions in connection with their consent to a notified shipment. Such conditions may be based on one or more of the reasons specified in either Article 11 or Article 12.
2. The competent authorities of dispatch, destination and transit may also, within the 30-day time limit referred to in paragraph 1, lay down conditions in respect of the transport of waste within their jurisdiction. Such transport conditions shall not be more stringent than those laid down in respect of similar shipments occurring wholly within their jurisdiction and shall take due account of existing agreements, in particular relevant international agreements.
3. The competent authorities of dispatch, destination and transit may also, within the 30-day time limit referred to in paragraph 1, lay down a condition that their consent is to be considered withdrawn if the financial guarantee or equivalent insurance is not applicable at the latest when the notified shipment starts, as required by Article 6(3).
4. Conditions shall be transmitted to the notifier in writing by the competent authority that lays them down, with copies to the competent authorities concerned.
Conditions shall be supplied on, or annexed to, the notification document by the relevant competent authority.
5. The competent authority of destination may also, within the 30-day time limit referred to in paragraph 1, lay down a condition that the receiving facility shall keep a regular record of inputs, outputs and/or balances for wastes and their associated recovery or disposal operations as contained in the notification, and for the period of validity of the notification. Such records shall be signed by a person legally responsible for the facility and be sent to the competent authority of destination within one month of completion of the notified recovery or disposal operation.
Article 11
Objections to shipments of waste destined for disposal
1. Where a notification is submitted regarding a planned shipment of waste destined for disposal, the competent authorities of destination and dispatch may, within 30 days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8, raise reasoned objections based on one or more of the following grounds and in accordance with the Treaty:
|
(a) |
that the planned shipment or disposal would not be in accordance with measures taken to implement the principles of proximity, priority for recovery and self-sufficiency at Community and national levels in accordance with Directive 75/442/EEC, to prohibit generally or partially or to object systematically to shipments of waste; or |
|
(b) |
that the planned shipment or disposal would not be in accordance with national legislation relating to environmental protection, public order, public safety or health protection concerning actions taking place in the objecting country; or |
|
(c) |
that the notifier or the consignee has previously been convicted of illegal shipment or some other illegal act in relation to environmental protection. In this case, the competent authorities of dispatch and destination may refuse all shipments involving the person in question in accordance with national legislation; or |
|
(d) |
that the notifier or the facility has repeatedly failed to comply with Articles 15 and 16 in connection with past shipments; or |
|
(e) |
that the Member State wishes to exercise its right pursuant to Article 4(1) of the Basel Convention to prohibit the import of hazardous waste or of waste listed in Annex II to that Convention; or |
|
(f) |
that the planned shipment or disposal conflicts with obligations resulting from international conventions concluded by the Member States) concerned or the Community; or |
|
(g) |
that the planned shipment or disposal is not in accordance with Directive 75/442/EEC, in particular Articles 5 and 7 thereof, while taking into account geographical circumstances or the need for specialised installations for certain types of waste:
|
|
(h) |
that the waste will be treated in a facility which is covered by Directive 96/61/EC, but which does not apply best available techniques as defined in Article 9(4) of that Directive in compliance with the permit of the facility; or |
|
(i) |
that the waste is mixed municipal waste collected from private households (waste entry 20 03 01); or |
|
(j) |
that the waste concerned will not be treated in accordance with legally binding environmental protection standards in relation to disposal operations established in Community legislation (also in cases where temporary derogations are granted). |
2. The competent authority(ies) of transit may, within the 30-day time limit referred to in paragraph 1, raise reasoned objections based only on paragraph 1(b), (c) , (d) and (f).
3. In the case of hazardous waste produced in a Member State of dispatch in such a small quantity overall per year that the provision of new specialised disposal installations within that Member State would be uneconomic, paragraph 1(a) shall not apply.
The competent authority of destination shall cooperate with the competent authority of dispatch which considers that this paragraph and not paragraph 1(a) should apply, with a view to resolving the issue bilaterally.
If there is no satisfactory solution, either Member State may refer the matter to the Commission. The Commission shall then determine the issue in accordance with the procedure referred to in Article 18(2) of Directive 75/442/EEC.
4. If, within the 30-day time limit referred to in paragraph 1, the competent authorities consider that the problems which gave rise to their objections have been resolved, they shall immediately inform the notifier in writing, with copies to the consignee and to the other competent authorities concerned.
5. If the problems giving rise to the objections have not been resolved within the 30-day time limit referred to in paragraph 1, the notification shall cease to be valid. In cases where the notifier still intends to carry out the shipment, a new notification shall be submitted, unless all the competent authorities concerned and the notifier agree otherwise.
6. Measures taken by Member States in accordance with paragraph 1(a), to prohibit generally or partially or to object systematically to shipments of waste destined for disposal, or in accordance with paragraph 1(e), shall immediately be notiffed to the Commission which shall inform the other Member States.
Article 12
Objections to shipments of waste destined for recovery
1. Where a notification is submitted regarding a planned shipment of waste destined for recovery, the competent authorities of destination and dispatch may, within 30 days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8, raise reasoned objections based on one or more of the following grounds and in accordance with the Treaty:
|
(a) |
that the planned shipment or recovery would not be in accordance with Directive 75/442/EEC, in particular Articles 3, 4, 7 and 10 thereof or |
|
(b) |
that the planned shipment or recovery would not be in accordance with national legislation relating to environmental protection, public order, public safety or health protection concerning actions taking place in the objecting country; or |
|
(c) |
that the planned shipment or recovery would not be in accordance with national legislation in the country of dispatch relating to the recovery of waste, including where the planned shipment would concern waste destined for recovery in a facility which has lower treatment standards for the particular waste than those of the country of dispatch, respecting the need to ensure the proper functioning of the internal market; This shall not apply if
|
|
(d) |
that the notifier or the consignee has previously been convicted of illegal shipment or some other illegal act in relation to environmental protection. In this case, the competent authorities of dispatch and destination may refuse all shipments involving the person in question in accordance with national legislation; or |
|
(e) |
that the notifier or the facility has repeatedly failed to comply with Articles 15 and 16 in connection with past shipments; or |
|
(f) |
that the planned shipment or recovery conflicts with obligations resulting from international conventions concluded by the Member State(s) concerned or the Community; or |
|
(g) |
that the ratio of the recoverable and non-recoverable waste, the estimated value of the materials to be finally recovered or the cost of the recovery and the cost of the disposal of the non-recoverable fraction do not justify the recovery, having regard to economic and/or environmental considerations; or |
|
(h) |
that the waste shipped is destined for disposal and not for recovery; or |
|
(i) |
that the waste will be treated in a facility which is covered by Directive 96/61/EC, but which does not apply best available techniques as defined in Article 9(4) of that Directive in compliance with the permit of the facility; or |
|
(j) |
that the waste concerned will not be treated in accordance with legally binding environmental protection standards in relation to recovery operations, or legally binding recovery or recycling obligations established in Community legislation (also in cases where temporary derogations are granted); or |
|
(k) |
that the waste concerned will not be treated in accordance with waste management plans drawn up pursuant to Article 7 of Directive 75/442/EEC with the purpose of ensuring the implementation of legally binding recovery or recycling obligations established in Community legislation. |
2. The competent authority(ies) of transit may, within the 30-day time limit referred to in paragraph 1, raise reasoned objections to the planned shipment based only on paragraph 1(b), (d) , (e) and (f).
3. If, within the 30-day time limit referred to in paragraph 1, the competent authorities consider that the problems which gave rise to their objections have been resolved, they shall immediately inform the notifier in writing, with copies to the consignee and to the other competent authorities concerned.
4. If the problems giving rise to the objections are not resolved within the 30-day time limit referred to in paragraph 1, the notification shall cease to be valid. In cases where the notifier still intends to carry out the shipment, a new notification shall be submitted, unless all the competent authorities concerned and the notifier agree otherwise.
5. Objections raised by competent authorities in accordance with paragraph 1(c) shall be reported by Member States to the Commission in accordance with Article 51.
6. The Member State of dispatch shall inform the Commission and the other Member States of the national legislation on which objections raised by competent authorities in accordance with paragraph 1(c) may be based, and shall state to which waste and waste recovery operations those objections apply, before such legislation is invoked in order to raise reasoned objections.
Article 13
General notification
1. The notifier may submit a general notification to cover several shipments if, in the case of each shipment:
|
(a) |
the waste has essentially similar physical and chemical characteristics; and |
|
(b) |
the waste is shipped to the same consignee and the same facility; and |
|
(c) |
the route of the shipment as indicated in the notification document is the same. |
2. If, owing to unforeseen circumstances, the same route cannot be followed, the notifier shall inform the competent authorities concerned as soon as possible and, if possible, before the shipment starts if the need for modification is already known.
Where the route modification is known before the shipment starts and involves competent authorities other than those concerned by the general notification, the general notification may not be used and a new notification shall be submitted.
3. The competent authorities concerned may make their agreement to the use of a general norification subject to the subsequent provision of additional information and documentation, in accordance with the second subparagraph, points 2 and 3 of Article 4.
Article 14
Pre-consented recovery facilities
1. The competent authorities of destination which have jurisdiction over specific recovery facilities may decide to issue pre-consents to such facilities.
Such decisions shall be limited to a specific period and may be revoked at any time.
2. In the case of a general notification submitted in accordance with Article 13, the period of validity of the consent referred to in Article 9(4) and (5) may be extended to up to three years by the competent authority of destination in agreement with the other competent authorities concerned.
3. Competent authorities which decide to issue a pre-consent to a facility in accordance with paragraphs 1 and 2 shall inform the Commission and, where appropriate, the OECD Secretariat o£
|
(a) |
the name, registration number and address of the recovery facility; |
|
(b) |
the description of technologies employed, including R-code(s); |
|
(c) |
the wastes as listed in Annexes IV and IVA or the wastes to which the decision applies; |
|
(d) |
the total pre-consented quantity; |
|
(e) |
the period of validity; |
|
(f) |
any change in the pre-consent; |
|
(g) |
any change in the information notified; and |
|
(h) |
any revocation of the pre-consent. |
For this purpose the form set out in Annex VI shall be used.
4. By way of derogation from Articles 9, 10 and 12, the consent given in accordance with Article 9, conditions imposed in accordance with Article 10 or objections raised in accordance with Article 12 by the competent authorities concerned shall be subject to a time limit of 7 working days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8.
5. Notwithstanding paragraph 4, the competent authority of dispatch may decide that more time is needed in order to receive further information or documentation from the notifier.
In such cases, the competent authority shall, within 7 working days, inform the notifier in writing with copies to the other competent authorities concerned.
The total time needed shall not exceed 30 days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8.
Article 15
Additional provisions regarding interim recovery and disposal operations
Shipments of waste destined for interim recovery or disposal operations shall be subject to the following additional provisions:
|
(a) |
Where a shipment of waste is destined for an interim recovery or disposal operation, all the facilities where subsequent interim as well as non-interim recovery and disposal operations are envisaged shall also be indicated in the notification document in addition to the initial interim recovery or disposal operation. |
|
(b) |
The competent authorities of dispatch and destination may give their consent to a shipment of waste destined for an interim recovery or disposal operation only if there are no grounds for objection, in accordance with Articles 11 or 12, to the shipment(s) of waste to the facilities performing any subsequent interim or non-interim recovery or disposal operations. |
|
(c) |
Within three days of the receipt of the waste by the facility which carries out this interim recovery or disposal operation, that facility shall provide confirmation in writing that the waste has been received. This confirmation shall be supplied on, or annexed to, the movement document. The said facility shall send signed copies of the movement document containing this confirmation to the notifier and to the competent authorities concerned. |
|
(d) |
As soon as possible, but no later than 30 days after completion of the interim recovery or disposal operation, and no later than one calendar year, or a shorter period in accordance with Article 9(7), following the receipt of the waste, the facility carrying out this operation shall, under its responsibility, certify that the interim recovery or disposal has been completed. This certificate shall be contained in, or annexed to, the movement document. The said facility shall send signed copies of the movement document containing this certificate to the notifier and to the competent authorities concerned. |
|
(e) |
When a recovery or disposal facility which carries out an interim recovery or disposal operation delivers the waste for any subsequent interim or non-interim recovery or disposal operation to a facility located in the country of destination, it shall obtain as soon as possible but no later than one calendar year following delivery of the waste, or a shorter period in accordance with Article 9(7), a certificate from that facility that the subsequent non-interim recovery or disposal operation has been completed. The said facility that carries out an interim recovery or disposal operation shall promptly transmit the relevant certificate(s) to the notifier and the competent authorities concerned, identifying the shipment (s) to which the certificate(s) pertain. |
|
(f) |
When a delivery as described in subparagraph (e) is made to a facility respectively located:
|
Article 16
Requirements following consent to a shipment
After consent has been given to a notified shipment by the competent authorities involved, all undertakings involved shall complete the movement document, or, in the case of a general notification, the movement documents at the points indicated, sign it or them and retain a copy or copies. The following requirements shall be fulfilled:
|
(a) |
Completion of the movement document by the notifier: once the notifier has received consent from the competent authorities of dispatch, destination and transit or, in relation to the competent authority of transit, can assume tacit consent, he/she shall insert the actual date of shipment and otherwise complete the movement document to the extent possible. |
|
(b) |
Prior information regarding actual start of shipment: the notifier shall send signed copies of the then completed movement document, as described in point (a), to the competent authorities concerned and to the consignee at least three working days before the shipment starts. |
|
(c) |
Documents to accompany each transport: the notifier shall retain a copy of the movement document. The movement document and copies of the notification document containing the written consents and the conditions of the competent authorities concerned shall accompany each transport. The movement document shall be retained by the facility which receives the waste . |
|
(d) |
Written confirmation of receipt of the waste by the facility : within three days of receipt of the waste, the facility shall provide confirmation in writing that the waste has been received. This confirmation shall be contained in, or annexed to, the movement document. The facility shall send signed copies of the movement document containing this confirmation to the notifier and to the competent authorities concerned. |
|
(e) |
Certificate for non-interim recovery or disposal by the facility : as soon as possible, but no later than 30 days after completion of the non-interim recovery or disposal operation, and no later than one calendar year, or a shorter period in accordance with Article 9(7), following receipt of the waste, the facility carrying out the operation shall, under its responsibility, certify that the non-interim recovery or disposal has been completed. This certificate shall be contained in, or annexed to, the movement document. The facility shall send signed copies of the movement document containing this certificate to the notifier and to the competent authorities concerned. |
Article 17
Changes in the shipment after consent
1. If any essential change is made to the details and/or conditions of the concerned shipment, including changes in the intended quantity, route, routing, date of shipment or carrier, the notifier shall inform the competent authorities concerned and the consignee immediately and, where possible, before the shipment starts.
2. In such cases a new notification shall be submitted, unless all the competent authorities concerned consider that the proposed changes do not require a new notification.
3. Where such changes involve competent authorities other than those concerned in the original notification, a new notification shall be submitted.
Chapter 2
General information requirements
Article 18
Waste to be accompanied by certain information
1. Waste as referred to in Article 3(2) and (4) that is intended to be shipped shall be subject to the following procedural requirements:
|
(a) |
In order to assist the tracking of shipments of such waste, the person under the jurisdiction of the country of dispatch who arranges the shipment shall ensure that the waste is accompanied by the document contained in Annex VII. |
|
(b) |
The document contained in Annex VII shall be signed by the person who arranges the shipment before the shipment takes place and shall be signed by the recovery facility or the laboratory and the consignee when the waste in question is received. |
2. The contract referred to in Annex VII between the person who arranges the shipment and the consignee for recovery of the waste shall be effective when the shipment starts and shall include an obligation, where the shipment of waste or its recovery cannot be completed as intended or where it has been effected as an illegal shipment, on the person who arranges the shipment or, where that person is not in a position to complete the shipment of waste or its recovery (for example, is insolvent), on the consignee, to:
|
(a) |
take the waste back or ensure its recovery in an alternative way, and |
|
(b) |
provide, if necessary, for its storage in the meantime. |
The person who arranges the shipment or the consignee shall provide a copy of the contract upon request by the competent authority concerned.
3. For inspection, enforcement, planning and statistical purposes, Member States may in accordance with national legislation require information as referred to in paragraph 1 on shipments covered by this Article.
4. The information referred to in paragraph 1 shall be treated as confidential where this is required by Community and national legislation.
Chapter 3
General requirements
Article 19
Prohibition on mixing waste during shipment
From the start of the shipment to the receipt in a recovery or disposal facility, waste, as specified on the notification document or as referred to in Article 18, shall not be mixed with other waste.
Article 20
Keeping of documents and information
1. All documents sent to or by the competent authorities in relation to a notified shipment shall be kept in the Community for at least three years from the date when the shipment starts, by the competent authorities, the notifier, the consignee and the facility which receives the waste .
2. Information given pursuant to Article 18(1) shall be kept in the Community for at least three years from the date when the shipment starts, by the person who arranges for the shipment, the consignee and the facility which receives the waste .
Article 21
Public access to notifications
The competent authorities of dispatch or destination may make publicly available by appropriate means, such as the Internet, information on notifications of shipments they have concerned to, where such information is not confidential under national or Community legislation.
Chapter 4
Take-back obligations
Article 22
Take-back when a shipment cannot be completed as intended
1. Where any of the competent authorities concerned becomes aware that a shipment of waste, including its recovery or disposal, cannot be completed as intended in accordance with the terms of the notification and movement documents and/or contract referred to in the second subparagraph, point 4 of Article 4 and in Article 5, it shall immediately inform the competent authority of dispatch. Where a recovery or disposal facility rejects a shipment received, it shall immediately inform the competent authority of destination.
2. The competent authority of dispatch shall ensure that, except in cases referred to in paragraph 3, the waste in question is taken back to its area of jurisdiction or elsewhere within the country of dispatch by the notifier as identified in accordance with the ranking established in point 15 of Article 2, or, if impracticable, by that competent authority itself or by a natural or legal person on its behalf.
This shall take place within 90 days, or such other period as may be agreed between the competent authorities concerned, after the competent authority of dispatch becomes aware or has been advised in writing by the competent authorities of destination or transit that the concerned shipment of waste or its recovery or disposal cannot be completed and has been informed of the reason(s) therefor. Such advice may result from information submitted to the competent authorities of destination or transit inter alia by other competent authorities.
3. The take-back obligation in paragraph 2 shall not apply if the competent authorities of dispatch, transit and destination involved in disposing of or recovering the waste are satisfied that the waste can be recovered or disposed of in an alternative way in the country of destination or elsewhere by the notifier or, if impracticable, by the competent authority of dispatch or by a natural or legal person on its behalf.
The take-back obligation in paragraph 2 shall not apply if the waste shipped has, in the course of the operation at the facility concerned, been irreversibly mixed with other waste before a competent authority concerned has become aware of the fact that the notified shipment cannot be completed as referred to in paragraph 1. Such mixture shall be recovered or disposed of in an alternative way in accordance with the first subparagraph.
4. In cases of take-back as referred to in paragraph 2, a new notification shall be submitted, unless the competent authorities concerned agree that a duly reasoned request by the initial competent authority of dispatch is sufficient.
A new notification, where appropriate, shall be submitted by the initial notifier or, if impracticable, by any other natural or legal persons identified in accordance with point 15 of Article 2, or, if impracticable, by the initial competent authority of dispatch or by a natural or legal person on its behalf.
No competent authority shall oppose or object to the return of waste from a shipment that cannot be completed or to the related recovery and disposal operation.
5. In cases of alternative arrangements outside the initial country of destination as referred to in paragraph 3, a new notification, where appropriate, shall be submitted by the initial notifier or, if impracticable, by any other natural or legal persons identified in accordance with point 15 of Article 2, or, if impracticable, by the initial competent authority of dispatch or by a natural or legal person on its behalf.
When Such a new notification is submitted by the notifier, this notification shall also be submitted to the competent authority of the initial country of dispatch.
6. In cases of alternative arrangements in the initial country of destination as referred to in paragraph 3, a new notification shall not be required and a duly reasoned request shall suffice. Such a duly reasoned request, seeking agreement to the alternative arrangement, shall be transmitted to the competent authority of destination and dispatch by the initial notifier or, if impracticable, to the competent authority of destination by the initial competent authority of dispatch.
7. If no new notification is to be submitted in accordance with paragraphs 4 or 6, a new movement document shall be completed in accordance with Article 15 or Article 16 by the initial notifier or, if impracticable, by any other natural or legal persons identified in accordance with point 15 of Article 2, or, if impracticable, by the initial competent authority of dispatch or by a natural or legal person on its behalf.
If a new notification is submitted by the initial competent authority of dispatch in accordance with paragraphs 4 or 5, a new financial guarantee or equivalent insurance shall not be required.
8. The obligation of the notifier and the subsidiary obligation of the country of dispatch to take the waste back or arrange for alternative recovery or disposal shall end when the facility issues the certificate of non-interim recovery or disposal as referred to in Article 16(e) or, where appropriate, in Article 15(e). In the cases of interim recovery or disposal referred to in Article 6(6), the subsidiary obligation of the country of dispatch shall end when the facility issues the certificate referred to in Article 15(d).
If a facility issues a certificate of recovery or disposal in such a way as to result in an illegal shipment, with the consequence that the financial guarantee is released, Article 24(3) and Article 25(2) shall apply.
9. Where waste from a shipment which cannot be completed, including its recovery or disposal, is discovered within a Member State, the competent authority with jurisdiction over the area where the waste was discovered shall be responsible for ensuring that arrangements are made for the safe storage of the waste pending its return or non-interim recovery or disposal in an alternative way.
Article 23
Costs for take-back when a shipment cannot be completed
1. Costs arising from the return of waste from a shipment that cannot be completed, including costs of its transport, recovery or disposal pursuant to Article 22(2) or (3) and, from the date on which the competent authority of dispatch becomes aware that a shipment of waste or its recovery or disposal cannot be completed, storage costs pursuant to Article 22(9) shall be charged:
|
(a) |
to the notifier as identified in accordance with the ranking established in point 15 of Article 2; or, if impracticable, |
|
(b) |
to other natural or legal persons as appropriate; or, if impracticable, |
|
(c) |
to the competent authority of dispatch; or, if impracticable, |
|
(d) |
as otherwise agreed between the competent authorities concerned. |
2. This Article shall be without prejudice to Community and national provisions concerning liability.
Article 24
Take-back when a shipment is illegal
1. Where a competent authority discovers a shipment that it considers to be an illegal shipment, it shall immediately inform the other competent authorities concerned.
2. If an illegal shipment is the responsibility of the notifier, the competent authority of dispatch shall ensure that the waste in question is:
|
(a) |
taken back by the notifier de facto; or, if no notification has been submitted, |
|
(b) |
taken back by the notifier de jure; or, if impracticable, |
|
(c) |
taken back by the competent authority of dispatch itself or by a natural or legal person on its behalf or, if impracticable, |
|
(d) |
alternatively recovered or disposed of in the country of destination or dispatch by the competent authority of dispatch itself or by a natural or legal person on its behalf or, if impracticable, |
|
(e) |
alternatively recovered or disposed of in another country by the competent authority of dispatch itself or by a natural or legal person on its behalf if all the competent authorities concerned agree. |
This take-back, recovery or disposal shall take place within 30 days, or such other period as may be agreed between the competent authorities concerned after the competent authority of dispatch becomes aware of or has been advised in writing by the competent authorities of destination or transit of the illegal shipment and informed of the reason(s) therefor. Such advice may result from information submitted to the competent authorities of destination or transit inter alia by other competent authorities.
In cases of take-back as referred to in (a), (b) and (c), a new notification shall be submitted, unless the competent authorities concerned agree that a duly reasoned request by the initial competent authority of dispatch is sufficient.
The new notification shall be submitted by the person or authority listed in (a), (b) or (c) and in accordance with that order.
No competent authority shall oppose or object to the return of waste of an illegal shipment. In the case of alternative arrangements as referred to in (d) and (e) by the competent authority of dispatch, a new notification shall be submitted by the initial competent authority of dispatch or by a natural or legal person on its behalf unless the competent authorities concerned agree that a duly reasoned request by that authority is sufficient.
3. If an illegal shipment is the responsibility of the consignee the competent authority of destination shall ensure that the waste in question is recovered or disposed of in an environmentally sound manner:
|
(a) |
by the consignee; or, if impracticable, |
|
(b) |
by the competent authority itself or by a natural or legal person on its behalf. |
This recovery or disposal shall take place within 30 days, or such other period as may be agreed between the competent authorities concerned after the competent authority of destination becomes aware of or has been advised in writing by the competent authorities of dispatch or transit of the illegal shipment and informed of the reason(s) therefor. Such advice may result from information submitted to the competent authorities of dispatch and transit inter alia by other competent authorities.
To this end, the competent authorities concerned shall cooperate, as necessary, in the recovery or disposal of the waste.
4. If no new notification is to be submitted, a new movement document shall be completed in accordance with Article 15 or 16 by the person responsible for take-back or, if impracticable, by the initial competent authority of dispatch.
If a new notification is submitted by the initial competent authority of dispatch, a new financial guarantee or equivalent insurance shall not be required.
5. In particular in cases where responsibility for the illegal shipment cannot be imputed to either the notifier or the consignee, the competent authorities concerned shall cooperate to ensure that the waste in question is recovered or disposed of.
6. In the cases of interim recovery or disposal referred to in Article 6(6) where an illegal shipment is discovered after completion of the interim recovery or disposal operation, the subsidiary obligation of the country of dispatch to take the waste back or arrange for alternative recovery or disposal shall end when the facility has issued the certificate referred to in Article 15(d).
If a facility issues a certificate of recovery or disposal in such a way as to result in an illegal shipment, with the consequence that the financial guarantee is released, paragraph 3 and Article 25(2) shall apply.
7. Where the waste of an illegal shipment is discovered within a Member State, the competent authority with jurisdiction over the area where the waste was discovered shall be responsible for ensuring that arrangements are made for the safe storage of the waste pending its return or non-interim recovery or disposal in an alternative way.
8. Articles 34 and 36 shall not apply in cases where illegal shipments are returned to the country of dispatch and that country of dispatch is a country covered by the prohibitions set out in those Articles.
9. In the case of an illegal shipment as defined in point 35(g) of Article 2, the person who arranges the shipment shall be subject to the same obligations established in this Article as the notifier.
10. This Article shall be without prejudice to Community and national provisions concerning liability.
Article 25
Costs for take-back when a shipment is illegal
1. Costs arising from the take-back of waste of an illegal shipment, including costs of its transport, recovery or disposal pursuant to Article 24(2) and, from the date on which the competent authority of dispatch becomes aware that a shipment is illegal, storage costs pursuant to Article 24(7), shall be charged to:
|
(a) |
the notifier de facto, as identified in accordance with the ranking established in point 15 of Article 2; or, if no notification has been submitted, |
|
(b) |
the notifier de jure or other natural or legal persons as appropriate; or, if impracticable, |
|
(c) |
the competent authority of dispatch. |
2. Costs arising from recovery or disposal pursuant to Article 24(3), including possible transport and storage costs pursuant to Article 24(7), shall be charged to:
|
(a) |
the consignee; or, if impracticable, |
|
(b) |
the competent authority of destination. |
3. Costs arising from recovery or disposal pursuant to Article 24(5), including possible transport and storage costs pursuant to Article 24(7), shall be charged to:
|
(a) |
the notifier, as identified in accordance with the ranking established in point 15 of Article 2, and/or the consignee, depending upon the decision by the competent authorities involved; or, if impracticable, |
|
(b) |
other natural or legal persons as appropriate; or, if impracticable, |
|
(c) |
the competent authorities of dispatch and destination. |
4. In the case of an illegal shipment as defined in point 35(g) of Article 2, the person who arranges the shipment shall be subject to the same obligations established in this Article as the notifier.
5. This Article shall be without prejudice to Community and national provisions concerning liability.
Chapter 5
General administrative provisions
Article 26
Format of the communications
1. The information and documents listed below may be submitted by post:
|
(a) |
notification of a planned shipment pursuant to Articles 4 and 13; |
|
(b) |
request for information and documentation pursuant to Articles 4, 7 and 8; |
|
(c) |
submission of information and documentation pursuant to Articles 4, 7 and 8; |
|
(d) |
written consent to a notified shipment pursuant to Article 9; |
|
(e) |
conditions for a shipment pursuant to Article 10; |
|
(f) |
objections to a shipment pursuant to Articles 11 and 12; |
|
(g) |
information on decisions to issue pre-consents to specific recovery facilities pursuant to Article 14(3); |
|
(h) |
written confirmation of receipt of the waste pursuant to Articles 15 and 16; |
|
(i) |
certificate for recovery or disposal of the waste pursuant to Articles 15 and 16; |
|
(j) |
prior information regarding actual start of the shipment pursuant to Article 16; |
|
(k) |
information on changes in the shipment after consent pursuant to Article 17; and |
|
(l) |
written consents and movement documents to be sent pursuant to Titles IV, V and VI. |
2. Subject to the agreement of the competent authorities concerned and the notifier, the documents referred to in paragraph 1 may alternatively be submitted using any of the following methods of communication:
|
(a) |
by fax; or |
|
(b) |
by fax followed by post; or |
|
(c) |
by e-mail with digital signature. In this case, any stamp or signature required shall be replaced by the digital signature; or |
|
(d) |
by e-mail without digital signature followed by post. |
3. The documents to accompany each transport in accordance with Article 16(c) and Article 18 may be in an electronic form with digital signatures if they can be made readable at any time during the transport and if this is acceptable to the competent authorities concerned.
4. Subject to the agreement of the competent authorities concerned and of the notifier, the information and documents listed in paragraph 1 may be submitted and exchanged by means of electronic data interchange with electronic signature or electronic authentication in accordance with Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (20), or a comparable electronic authentication system which provides the same level of security. In such cases, organisational arrangements concerning the flow of electronic data interchange may be made.
Article 27
Language
1. Any notification, information, documentation or other communication submitted pursuant to the provisions of this Title shall be supplied in a language acceptable to the competent authorities concerned.
2. The notifier shall provide the competent authorities concerned with authorised translation(s) into a language which is acceptable to them, should they so request.
Article 28
Disagreement on classification issues
1. If the competent authorities of dispatch and of destination cannot agree on the classification as regards the distinction between waste and non-waste, the Subject matter shall be treated as if it were waste. This shall be without prejudice to the right of the country of destination to deal with the shipped material in accordance with its national legislation, following arrival of the shipped material and where such legislation is in accordance with Community or international law.
2. If the competent authorities of dispatch and of destination cannot agree on the classification of the notified waste as being listed in Annex III, IIIA, IIIB or N, the waste shall be regarded as listed in Annex IV
3. If the competent authorities of dispatch and destination cannot agree on the classification of the waste treatment operation notified as being recovery or disposal, the provisions regarding disposal shall apply.
4. Paragraphs 1 to 3 shall apply only for the purposes of this Regulation, and shall be without prejudice to rights of interested parties to resolve any dispute related to these questions before a court of law or tribunal.
Article 29
Administrative costs
Appropriate and proportionate administrative costs of implementing the notification and supervision procedures and usual costs of appropriate analyses and inspections may be charged to the notifier.
Article 30
Border-area agreements
1. In exceptional cases, and if the specific geographical or demographical situation warrants such a step, Member States may conclude bilateral agreements making the notification procedure for Shipments of specific flows of waste less stringent in respect of cross-border Shipments to the nearest suitable facility located in the border area between the two Member States concerned.
2. Such bilateral agreements may also be concluded where waste is shipped from and treated in the country of dispatch but transits another Member State.
3. Member States may also conclude such agreements with countries that are Parties to the Agreement on the European Economic Area.
4. Such agreements shall be notified to the Commission before they take effect.
Chapter 6
Shipments within the Community with transit via third countries
Article 31
Shipments of waste destined for disposal
Where a shipment of waste takes place within the Community with transit via one or more third countries, and the waste is destined for disposal, the competent authority of dispatch shall, in addition to the provisions of this Title, ask the competent authority in the third countries whether it wishes to send its written consent to the planned shipment:
|
(a) |
in the case of Parties to the Basel Convention, within 60 days, unless it has waived this right in accordance with the terms of that Convention, or |
|
(b) |
in the case of countries not Parties to the Basel Convention, within a period agreed between the competent authorities. |
Article 32
Shipments of waste destined for recovery
1. When a shipment of waste takes place within the Community with transit via one or more third countries to which the OECD Decision does not apply, and the waste is destined for recovery, Article 31 shall apply.
2. When a shipment of waste takes place within the Community, including shipments between localities in the same Member State, with transit via one or more third countries to which the OECD Decision applies, and the waste is destined for recovery, the consent referred to in Article 9 may be provided tacitly, and if no objection has been lodged or no conditions have been specified, the shipment may start 30 days after the date of transmission of the acknowledgement by the competent authority of destination in accordance with Article 8.
TITLE III
SHIPMENTS EXCLUSIVELY WITHIN MEMBER STATES
Article 33
Application of this Regulation to shipments exclusively within Member States
1. Member States shall establish an appropriate system for the supervision and control of shipments of waste exclusively within their jurisdiction. This system shall take account of the need for coherence with the Community system established by Titles II and VII.
2. Member States shall inform the Commission of their system for supervision and control of shipments of waste. The Commission shall inform the other Member States thereof.
3. Member States may apply the system provided for in Titles II and VII within their jurisdiction.
TITLE IV
EXPORTS FROM THE COMMUNITY TO THIRD COUNTRIES
Chapter 1
Exports of waste for disposal
Article 34
Export prohibited except to EFTA countries
1. All exports of waste from the Community destined for disposal shall be prohibited.
2. The prohibition in paragraph 1 shall not apply to exports of waste destined for disposal in EFTA countries which are also Parties to the Basel Convention.
3. However, exports of waste for disposal to an EFTA country Party to the Basel Convention shall also be prohibited:
|
(a) |
where the EFTA country prohibits imports of such waste; or, |
|
(b) |
if the competent authority of dispatch has reason to believe that the waste will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of destination concerned. |
4. This provision shall be without prejudice to the take-back obligations as laid down in Articles 22 and 24.
Article 35
Procedures when exporting to EFTA countries
1. Where waste is exported from the Community and destined for disposal in EFTA countries Parties to the Basel Convention, the provisions of Title II shall apply mutatis mutandis, with the adaptations and additions listed in paragraphs 2 and 3.
2. The following adaptations shall apply:
|
(a) |
the competent authority of transit outside the Community shall have 60 days following the date of transmission of its acknowledgement of receipt of the notification in which to request additional information on the notified shipment, to provide, if the country concerned has decided not to require prior written consent and has informed the other Parties thereof in accordance with Article 6(4) of the Basel Convention, tacit consent or to give a written consent with or without conditions; and |
|
(b) |
the competent authority of dispatch in the Community shall take the decision to consent to the shipment as referred to in Article 9 only after having received written consent from the competent authority of destination and, where appropriate, the tacit or written consent of the competent authority of transit outside the Community, and not earlier than 61 days following the date of transmission of the acknowledgement by the competent authority of transit. The competent authority of dispatch may take the decision before the conclusion of the 61-day time limit if it has the written consent of the other competent authorities concerned. |
3. The following additional provisions shall apply:
|
(a) |
the competent authority of transit in the Community shall acknowledge the receipt of the notification to the notifier, |
|
(b) |
the competent authorities of dispatch and, where appropriate, transit in the Community shall send a stamped copy of their decisions to consent to the shipment to the customs office of export and to the customs office of exit from the Community; |
|
(c) |
a copy of the movement document shall be delivered by the carrier to the customs office of export and the customs office of exit from the Community; |
|
(d) |
as soon as the waste has left the Community, the customs office of exit from the Community shall send a stamped copy of the movement document to the competent authority of dispatch in the Community stating that the waste has left the Community; |
|
(e) |
if, 42 days after the waste has left the Community, the competent authority of dispatch in the Community has received no information from the facility about receipt of the waste, it shall without delay inform the competent authority of destination; and |
|
(f) |
the contract referred to in the second subparagraph, point 4 of Article 4 and in Article 5 shall stipulate that:
|
4. The shipment may take place only if:
|
(a) |
the notifier has received written consent from the competent authorities of dispatch, destination and, where appropriate, transit outside the Community and if the conditions laid down are met; |
|
(b) |
a contract between the notifier and consignee has been concluded and is effective, as required in the second subparagraph, point 4 of Article 4 and in Article 5; |
|
(c) |
a financial guarantee or equivalent insurance has been established and is effective, as required in the second subparagraph, point 5 of Article 4 and in Article 6; and |
|
(d) |
environmentally sound management, as referred to in Article 49, is ensured. |
5. Where waste is exported, it shall be destined for disposal operations within a facility which, under applicable national law, is operating or is authorised to operate in the country of destination.
6. If a customs office of export or a customs office of exit from the Community discovers an illegal shipment, it shall without delay inform the competent authority in the country of the customs office which shall:
|
(a) |
without delay inform the competent authority of dispatch in the Community; and |
|
(b) |
ensure detention of the waste until the competent authority of dispatch has decided otherwise and has communicated that decision in writing to the competent authority in the country of the customs office in which the waste is detained. |
Chapter 2
Exports of waste for recovery
Section 1
Exports to non-OECD Decision countries
Article 36
Exports prohibition
1. Exports from the Community of the following wastes destined for recovery in countries to which the OECD Decision does not apply are prohibited:
|
(a) |
wastes listed as hazardous in Annex V; |
|
(b) |
wastes listed in Annex V, part 3; |
|
(c) |
hazardous wastes not classified under one single entry in Annex V; |
|
(d) |
mixtures of hazardous wastes and mixtures of hazardous wastes with non-hazardous wastes not classified under one single entry in Annex V |
|
(e) |
wastes that the country of destination has notified to be hazardous under Article 3 of the Basel Convention; |
|
(f) |
wastes the import of which has been prohibited by the country of destination; or, |
|
(g) |
wastes which the competent authority of dispatch has reason to believe will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of destination concerned. |
2. This provision shall be without prejudice to the take-back obligations as set out in Articles 22 and 24.
3. Member States may, in exceptional cases, adopt provisions to determine, on the basis of documentary evidence provided in an appropriate way by the notifier, that a specific hazardous waste listed in Annex V is excluded from the export prohibition if it does not display any of the properties listed in Annex III to Directive 91/689/EEC, taking into account, as regards the properties H3 to H8, H10 and H11 defined in that Annex, the limit values laid down in Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (21).
4. The fact that waste is not listed as hazardous in Annex V, or that it is listed in Annex V, part 1, list B, shall not preclude, in exceptional cases, characterisation of such waste as hazardous and therefore subject to the export prohibition if it displays any of the properties listed in Annex III to Directive 91/689/EEC, taking into account, as regards the properties H3 to H8, H10 and H11 defined in that Annex, the limit values laid down in Commission Decision 2000/532/EC, as provided for in Article 1(4), second indent, of Directive 91/689/EEC and in the introductory paragraph of Annex III to this Regulation.
5. In the cases referred to in paragraphs 3 and 4, the Member State concerned shall inform the envisaged country of destination prior to taking a decision. Member States shall notify such cases to the Commission before the end of each calendar year. The Commission shall forward the information to all Member States and to the Secretariat of the Basel Convention. On the basis of the information provided, the Commission may make comments and, where appropriate, adapt Annex V in accordance with Article 58.
Article 37
Procedures when exporting waste listed in Annex III or IIIA
1. In the case of waste which is listed in Annex III or IIIA and the export of which is not prohibited under Article 36, the Commission shall, within 20 days of the entry into force of this Regulation, send a written request to each country to which the OECD Decision does not apply, seeking:
|
(i) |
confirmation in writing that the waste may be exported from the Community for recovery in that country; and |
|
(ii) |
an indication as to which control procedure, if any, would be followed in the country of destination. |
Each country to which the OECD Decision does not apply shall be given the following options:
|
(a) |
a prohibition; or |
|
(b) |
a procedure of prior written notification and consent as described in Article 35; or |
|
(c) |
no control in the country of destination. |
2. Before the date of application of this Regulation, the Commission shall adopt a Regulation taking into account all replies received pursuant to paragraph 1 and shall inform the Committee established pursuant to Article 18 of Directive 75/442/EEC.
If a country has not issued a confirmation as referred to in paragraph 1 or if a country for any reason has not been contacted, paragraph 1(b) shall apply.
The Commission shall periodically update the Regulation adopted.
3. If a country indicates in its reply that certain shipments of waste are not subject to any control, Article 18 shall apply mutatis mutandis to such shipments.
4. Where waste is exported, it shall be destined for recovery operations within a facility which, under applicable national law, is operating or is authorised to operate in the country of destination.
5. In the case of a shipment of waste not classified under one single entry in Annex III or a shipment of mixtures of wastes not classified under one single entry in Annex III or IIIA or a shipment of waste classified in Annex IIIB, and provided that the export is not prohibited pursuant to Article 36, paragraph 1(b) of this Article shall apply.
Section 2
Exports to OECD-Decision countries
Article 38
Exports of waste listed in Annexes III, IIIA, IIIB, IV and IVA
1. Where waste listed in Annexes III, IIIA, IIIB, IV and IVA, waste not classified or mixtures of wastes not classified under one single entry in either Annex III, IV or IVA are exported from the Community and destined for recovery in countries to which the OECD Decision applies, with or without transit through countries to which the OECD Decision applies, the provisions of Title II shall apply mutatis mutandis, with the adaptations and additions listed in paragraphs 2, 3 and 5.
2. The following adaptations shall apply:
|
(a) |
mixtures of wastes listed in Annex IIIA destined for an interim operation shall be subject to the procedure of prior written notification and consent if any subsequent interim or non-interim recovery or disposal operation is to take place in a country to which the OECD Decision does not apply; |
|
(b) |
waste listed in Annex IIIB shall be subject to the procedure of prior written notification and consent; |
|
(c) |
the consent as required in accordance with Article 9 may be provided in the form of tacit consent from the competent authority of destination outside the Community. |
3. As regards exports of waste listed in Annexes IV and IVA, the following additional provisions shall apply:
|
(a) |
the competent authorities of dispatch and, where appropriate, transit in the Community shall send a stamped copy of their decisions to consent to the shipment to the customs office of export and to the customs office of exit from the Community; |
|
(b) |
a copy of the movement document shall be delivered by the carrier to the customs office of export and customs office of exit from the Community; |
|
(c) |
as soon as the waste has left the Community, the customs office of exit from the Community shall send a stamped copy of the movement document to the competent authority of dispatch in the Community stating that the waste has left the Community; |
|
(d) |
if, 42 days after the waste has left the Community, the competent authority of dispatch in the Community has received no information from the facility about receipt of the waste, it shall without delay inform the competent authority of destination; and |
|
(e) |
the contract referred to in the second subparagraph, point 4 of Article 4 and in Article 5 shall stipulate that:
|
4. The shipment may take place only if
|
(a) |
the notifier has received written consent from the competent authorities of dispatch, destination and, where appropriate, transit or, if tacit consent from the competent authorities of destination and transit outside the Community is provided or can be assumed and if the conditions laid down are met; |
|
(b) |
Article 35(4)(b), (c) and (d) is complied with. |
5. If an export as described in paragraph 1 of waste listed in Annexes IV and IVA is in transit through a country to which the OECD Decision does not apply, the following adaptations shall apply:
|
(a) |
the competent authority of transit to which the OECD Decision does not apply shall have 60 days following the date of transmission of its acknowledgement of receipt of the notification in which to request additional information on the notified shipment, to provide, if the country concerned has decided not to require prior written consent and has informed the other Parties thereof in accordance with Article 6(4) of the Basel Convention, tacit consent or to give a written consent with or without conditions; and |
|
(b) |
the competent authority of dispatch in the Community shall take the decision to consent to the shipment as referred to in Article 9 only after having received tacit or written consent from that competent authority of transit to which the OECD Decision does not apply, and not earlier than 61 days following the date of transmission of the acknowledgement of the competent authority of transit. The competent authority of dispatch may take the decision before the conclusion of the 61-day time limit if it has the written consent of the other competent authorities concerned. |
6. Where waste is exported, it shall be destined for recovery operations within a facility which, under applicable national law, is operating or is authorised to operate in the country of destination.
7. If a customs office of export or a customs office of exit from the Community discovers an illegal shipment, it shall without delay inform the competent authority in the country of the customs office which shall:
|
(a) |
without delay inform the competent authority of dispatch in the Community; and |
|
(b) |
ensure detention of the waste until the competent authority of dispatch has decided otherwise and has communicated that decision in writing to the competent authority in the country of the customs office in which the waste is detained. |
Chapter 3
General provisions
Article 39
Exports to the Antarctic
Exports of waste from the Community to the Antarctic shall be prohibited.
Article 40
Exports to overseas countries or territories
1. Exports from the Community of waste destined for disposal in overseas countries or territories shall be prohibited.
2. As regards exports of waste destined for recovery in overseas countries or territories, the prohibition set out in Article 36 shall apply mutatis mutandis.
3. As regards exports of waste destined for recovery in overseas countries or territories not covered by the prohibition set out in paragraph 2, the provisions of Title II shall apply mutatis mutandis.
TITLE V
IMPORTS INTO THE COMMUNITY FROM THIRD COUNTRIES
Chapter 1
Imports of waste for disposal
Article 41
Imports prohibited except from a country Party to the Basel Convention or with an agreement in place or from other areas during situations of crisis or war
1. Imports into the Community of waste destined for disposal shall be prohibited except those from:
|
(a) |
countries which are Parties to the Basel Convention; or |
|
(b) |
other countries with which the Community, or the Community and its Member States, have concluded bilateral or multilateral agreements or arrangements compatible with Community legislation and in accordance with Article 11 of the Basel Convention; or |
|
(c) |
other countries with which individual Member States have concluded bilateral agreements or arrangements in accordance with paragraph 2; or |
|
(d) |
other areas in cases where, on exceptional grounds during situations of crisis, peacemaking, peacekeeping or war, no bilateral agreements or arrangements pursuant to points (b) or (c) can be concluded or where a competent authority in the country of dispatch has either not been designated or is unable to act. |
2. In exceptional cases, individual Member States may conclude bilateral agreements and arrangements for the disposal of specific waste in those Member States, where such waste will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of dispatch.
These agreements and arrangements shall be compatible with Community legislation and in accordance with Article 11 of the Basel Convention.
These agreements and arrangements shall guarantee that the disposal operations will be carried out in an authorised facility and will comply with the requirements for environmentally sound management.
These agreements and arrangements shall also guarantee that the waste is produced in the country of dispatch and that disposal will be carried out exclusively in the Member State which has concluded the agreement or arrangement.
These agreements or arrangements shall be notified to the Commission prior to their conclusion. However, in emergency situations they may be notified up to one month after conclusion.
3. Bilateral or multilateral agreements or arrangements entered into in accordance with paragraph 1(b) and (c) shall be based upon the procedural requirements of Article 42.
4. The countries referred to in paragraph 1(a), (b) and (c) shall be required to present a prior duly reasoned request to the competent authority of the Member State of destination on the basis that they do not have and cannot reasonably acquire the technical capacity and the necessary facilities in order to dispose of the waste in an environmentally sound manner.
Article 42
Procedural requirements for imports from a country Party to the Basel Convention or from other areas during situations of crisis or war
1. Where waste is imported into the Community and destined for disposal from countries Parties to the Basel Convention, the provisions of Title II shall apply mutatis mutandis, with the adaptations and additions listed in paragraphs 2 and 3.
2. The following adaptations shall apply:
|
(a) |
the competent authority of transit outside the Community shall have 60 days following the date of transmission of its acknowledgement of receipt of the notification in which to request additional information on the notified shipment, to provide, if the country concerned has decided not to require prior written consent and has informed the other Parties thereof in accordance with Article 6(4) of the Basel Convention, tacit consent or to give a written consent with or without conditions; and |
|
(b) |
in the cases referred to in Article 4l(1)(d) involving situations of crisis, peacemaking, peacekeeping or war, the consent of the competent authorities of dispatch shall not be required. |
3. The following additional provisions shall apply:
|
(a) |
the competent authority of transit in the Community shall acknowledge the receipt of the notification to the notifier, with copies to the competent authorities concerned; |
|
(b) |
the competent authorities of destination and, where appropriate, transit in the Community shall send a stamped copy of their decisions to consent to the shipment to the customs office of entry into the Community; |
|
(c) |
a copy of the movement document shall be delivered by the carrier to the customs office of entry into the Community; and |
|
(d) |
having carried out the necessary customs formalities, the customs office of entry into the Community shall send a stamped copy of the movement document to the competent authorities of destination and transit in the Community, stating that the waste has entered the Community. |
4. The shipment may take place only if
|
(a) |
the notifier has received written consent from the competent authorities of dispatch, destination and, where appropriate, transit and if the conditions laid down are met; |
|
(b) |
a contract between the notifier and consignee has been concluded and is effective, as required in the second subparagraph, point 4 of Article 4 and in Article 5; |
|
(c) |
a financial guarantee or equivalent insurance has been established and is effective, as required in the second subparagraph, point 5 of Article 4 and in Article 6; and |
|
(d) |
environmentally sound management, as referred to in Article 49, is ensured. |
5. If a customs office of entry into the Community discovers an illegal shipment, it shall without delay inform the competent authority in the country of the customs office which shall:
|
(a) |
without delay inform the competent authority of destination in the Community which shall inform the competent authority of dispatch outside the Community; and |
|
(b) |
ensure detention of the waste until the competent authority of dispatch outside the Community has decided otherwise and has communicated that decision in writing to the competent authority in the country of the customs office in which the waste is detained. |
Chapter 2
Imports of waste for recovery
Article 43
Imports prohibited except from an OECD Decision country or a country Party to the Basel Convention or with an agreement in place or from other areas during situations of crisis or war
1. All imports into the Community of waste destined for recovery shall be prohibited except those from:
|
(a) |
countries to which the OECD Decision applies; or |
|
(b) |
other countries which are Parties to the Basel Convention; or |
|
(c) |
other countries with which the Community, or the Community and its Member States, have concluded bilateral or multilateral agreements or arrangements compatible with Community legislation and in accordance with Article 11 of the Basel Convention; or |
|
(d) |
other countries with which individual Member States have concluded bilateral agreements or arrangements in accordance with paragraph 2; or |
|
(e) |
other areas in cases where, on exceptional grounds during situations of crisis, peacemaking, peacekeeping or war, no bilateral agreements or arrangements pursuant to points (b) or (c) can be concluded or where a competent authority in the country of dispatch has either not been designated or is unable to act. |
2. In exceptional cases, individual Member States may conclude bilateral agreements and arrangements for the recovery of specific waste in those Member States, where such waste will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of dispatch.
In such cases Article 41(2) shall apply.
3. Bilateral or multilateral agreements or arrangements entered into in accordance with paragraph 1(c) and (d) shall be based upon the procedural requirements of Article 42 in so far as may be relevant.
Article 44
Procedural requirements for imports from an OECD Decision country or from other areas during situations of crisis or war
1. Where waste destined for recovery is imported into the Community from countries and through countries to which the OECD Decision applies, the provisions of Title II shall apply mutatis mutandis, with the adaptations and additions listed in paragraphs 2 and 3.
2. The following adaptations shall apply:
|
(a) |
the consent as required in accordance with Article 9 may be provided in the form of tacit consent from the competent authority of dispatch outside the Community; |
|
(b) |
prior written notification in accordance with Article 4 may be submitted by the notifier; and |
|
(c) |
in the cases referred to in Article 43(1)(e) involving situations of crisis, peacemaking, peacekeeping or war, the consent of the competent authorities of dispatch shall not be required. |
3. In addition, Article 42(3)(b), (c) and (d) shall be complied with.
4. The shipment may take place only if
|
(a) |
the notifier has received written consent from the competent authorities of dispatch, destination and, where appropriate, transit or if tacit consent from the competent authority of dispatch outside the Community is provided or can be assumed and if the conditions laid down are met; |
|
(b) |
a contract between the notifier and consignee has been concluded and is effective, as required in the second subparagraph, point 4 of Article 4 and in Article 5; |
|
(c) |
a financial guarantee or equivalent insurance has been established and is effective, as required in the second subparagraph, point 5 of Article 4 and in Article 6; and |
|
(d) |
environmentally sound management, as referred to in Article 49, is ensured. |
5. If a customs office of entry into the Community discovers an illegal shipment, it shall without delay inform the competent authority in the country of the customs office which shall:
|
(a) |
without delay inform the competent authority of destination in the Community which shall inform the competent authority of dispatch outside the Community; and |
|
(b) |
ensure detention of the waste until the competent authority of dispatch outside the Community has decided otherwise and has communicated that decision in writing to the competent authority in the country of the customs office in which the waste is detained. |
Article 45
Procedural requirements for imports from a non-OECD Decision country Party to the Basel Convention or from other areas during situations of crisis or war
Where waste destined for recovery is imported into the Community:
|
(a) |
from a country to which the OECD Decision does not apply; or |
|
(b) |
through any country to which the OECD Decision does not apply and which is also Party to the Basel Convention, |
Article 42 shall apply mutatis mutandis.
Chapter 3
General provisions
Article 46
Imports from overseas countries or territories
1. Where waste is imported into the Community from overseas countries or territories, Title II shall apply mutatis mutandis.
2. One or more overseas countries and territories and the Member State to which they are linked may apply national procedures to shipments from the overseas country or territory to that Member State.
3. Member States which apply paragraph 2 shall notify the Commission of the national procedures applied.
TITLE VI
TRANSIT THROUGH THE COMMUNITY FROM AND TO THIRD COUNTRIES
Chapter 1
Transit of waste for disposal
Article 47
Transit through the Community of waste destined for disposal
Where waste destined for disposal is shipped through Member States from and to third countries, Article 42 shall apply mutatis mutandis, with the adaptations and additions listed below:
|
(a) |
the first and last competent authority of transit in the Community shall, where appropriate, send a stamped copy of the decisions to consent to the shipment or, if they have provided tacit consent, a copy of the acknowledgement in accordance with Article 42(3)(a) to the customs offices of entry into and exit from the Community respectively; and |
|
(b) |
as soon as the waste has left the Community, the customs office of exit from the Community shall send a stamped copy of the movement document to the competent authority(ies) of transit in the Community, stating that the waste has left the Community. |
Chapter 2
Transit of waste for recovery
Article 48
Transit through the Community of waste destined for recovery
1. Where waste destined for recovery is shipped through Member States from and to a country to which the OECD Decision does not apply, Article 47 shall apply mutatis mutandis.
2. Where waste destined for recovery is shipped through Member States from and to a country to which the OECD Decision applies, Article 44 shall apply mutatis mutandis, with the adaptations and additions listed below:
|
(a) |
the first and last competent authority of transit in the Community shall, where appropriate, send a stamped copy of the decisions to consent to the shipment or, if they have provided tacit consent, a copy of the acknowledgement in accordance with Article 42(3)(a) to the customs offices of entry into and exit from the Community respectively; and |
|
(b) |
as soon as the waste has left the Community, the customs office of exit from the Community shall send a stamped copy of the movement document to the competent authority(ies) of transit in the Community, stating that the waste has left the Community. |
3. Where waste destined for recovery is shipped through Member States from a country to which the OECD Decision does not apply to a country to which the OECD Decision applies or vice versa, paragraph 1 shall apply as regards the country to which the OECD Decision does not apply and paragraph 2 shall apply as regards the country to which the OECD Decision applies.
TITLE VII
OTHER PROVISIONS
Chapter 1
Additional obligations
Article 49
Protection of the environment
1. The producer, the notifier and other undertakings involved in a shipment of waste and/or its recovery or disposal shall take the necessary steps to ensure that any waste they ship is managed without endangering human health and in an environmentally sound manner throughout the period of shipment and during its recovery and disposal. In particular, when the shipment takes place in the Community, the requirements of Article4 of Directive 75/442/EEC and other Community legislation on waste shall be respected.
2. In the case of exports from the Community, the competent authority of dispatch in the Community shall:
|
(a) |
require and endeavour to secure that any waste exported is managed in an environmentally sound manner throughout the period of shipment, including recovery as referred to in Articles 36 and 38 or disposal as referred to in Article 34, in the third country of destination; |
|
(b) |
prohibit an export of waste to third countries if it has reason to believe that the waste will not be managed in accordance with the requirements of point (a). |
Environmentally sound management may inter alia be assumed as regards the waste recovery or disposal operation concerned, if the notifier or the competent authority in the country of destination can demonstrate that the facility which receives the waste will be operated in accordance with human health and environmental protection standards that are broadly equivalent to standards established in Community legislation.
This assumption shall, however, be without prejudice to the overall assessment of environmentally sound management throughout the period of shipment and including recovery or disposal in the third country of destination.
For the purposes of seeking guidance on environmentally sound management, the guidelines listed in Annex VIII may be considered.
3. In the case of imports into the Community, the competent authority of destination in the Community shall:
|
(a) |
require and take the necessary steps to ensure that any waste shipped into its area of jurisdiction is managed without endangering human health and without using processes or methods which could harm the environment, and in accordance with Article4 of Directive 75/442/EEC and other Community legislation on waste throughout the period of shipment, including recovery or disposal in the country of destination; |
|
(b) |
prohibit an import of waste from third countries if it has reason to believe that the waste will not be managed in accordance with the requirements of point (a). |
Article 50
Enforcement in Member States
1. Member States shall lay down the rules on penalties applicable for infringement of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify the Commission of their national legislation relating to prevention and detection of illegal shipments and penalties for such shipments.
2. Member States shall , by way of measures for the enforcement of this Regulation, provide inter alia for inspections of establishments and undertakings in accordance with Article 13 of Directive 75/442/EEC, and for spot checks on shipments of waste or on the related recovery or disposal.
3. Checks on shipments may take place in particular:
|
(a) |
at the point of origin, carried out with the producer, holder or notifier; |
|
(b) |
at the destination, carried out with the consignee or the facility ; |
|
(c) |
at the frontiers of the Community; and/or |
|
(d) |
during the shipment within the Community. |
4. Checks on shipments shall include the inspection of documents, the confirmation of identity and, where appropriate, physical checking of the waste.
5. Member States shall cooperate, bilaterally or multilaterally, with one another in order to facilitate the prevention and detection of illegal shipments.
Member States shall identity those members of their permanent staff responsible for such cooperation and identity the focal point(s) for physical checks. The information shall be sent to the Commission which shall distribute a compiled list to the correspondents referred to in Article 54.
6. At the request of another Member State, a Member State may take enforcement action against persons suspected of being engaged in the illegal shipment of waste who are present in that Member State.
Article 51
Reports by Member States
1. Before the end of each calendar year, each Member State shall send the Commission a copy of the report for the previous calendar year which, in accordance with Article 13(3) of the Basel Convention, it has drawn up and submitted to the Secretariat of that Convention.
2. Before the end of each calendar year, Member States shall also draw up a report for the previous year based on the additional reporting questionnaire in Annex IX, and shall send it to the Commission.
3. The reports drawn up by Member States in accordance with paragraphs 1 and 2 shall be submitted to the Commission in an electronic version.
4. The Commission shall establish every three years a report, based on these reports, on the implementation of this Regulation by the Community and its Member States.
Article 52
International cooperation
Member States, where appropriate and necessary in liaison with the Commission, shall cooperate with other Parties to the Basel Convention and inter-State organisations, inter alia via the exchange and/or sharing of information, the promotion of environmentally sound technologies and the development of appropriate codes of good practice.
Article 53
Designation of competent authorities
Member States shall designate the competent authority or authorities responsible for the implementation of this Regulation. Each Member State shall designate only one single competent authority of transit.
Article 54
Designation of correspondents
Member States and the Commission shall each designate one or more correspondents responsible for informing or advising persons or undertakings making enquiries. The Commission correspondent shall forward to the correspondents of the Member States any questions put to him/her which concern the latter, and vice versa.
Article 55
Designation of customs offices of entry into and exit from the Community
Member States may designate specific customs offices of entry into and exit from the Community for shipments of waste entering and leaving the Community. If Member States decide to designate such customs offices, no shipment of waste shall be allowed to use any other frontier crossing points within a Member State for the purposes of entering or leaving the Community.
Article 56
Notification of, and information regarding, designations
1. Member States shall notify the Commission of designations of:
|
(a) |
competent authorities, pursuant to Article 53; |
|
(b) |
correspondents, pursuant to Article 54; and, |
|
(c) |
where appropriate, customs offices of entry into and exit from the Community, pursuant to Article 55. |
2. In relation to those designations, Member States shall notify the Commission of the following information:
|
(a) |
name(s); |
|
(b) |
postal address(es); |
|
(c) |
e-mail address(es); |
|
(d) |
telephone number(s); |
|
(e) |
fax number(s); and |
|
(f) |
languages acceptable to the competent authorities. |
3. Member States shall immediately notify the Commission of any changes in this information.
4. This information as well as any changes in the information shall be submitted to the Commission in an electronic as well as a paper version if so required.
5. The Commission shall publish on its web-site lists of the designated competent authorities, correspondents and customs offices of entry into and exit from the Community, and shall update these lists as appropriate.
Chapter 2
Other provisions
Article 57
Meeting of the correspondents
The Commission shall, if requested by Member States or if otherwise appropriate, periodically hold a meeting of the correspondents to examine the questions raised by the implementation of this Regulation. Relevant stakeholders shall be invited to such meetings, or parts of meetings, where all Member States and the Commission are in agreement that this is appropriate.
Article 58
Amendment of Annexes
1. The Annexes may be amended by the Commission by means of Regulations and in accordance with the procedure referred to in Article 18(2) of Directive 75/442/EEC, to take account of scientific and technical progress. In addition:
|
(a) |
Annexes I, II, III, IIIA, IV and V shall be amended to take account of changes agreed under the Basel Convention and the OECD Decision; in addition, Annex IC on specific instructions for completing the notification and movement documents shall be completed at the latest by the date of application of this Regulation having regard to the OECD instructions; |
|
(b) |
unclassified wastes may be added to Annex IIIB, IV or V on a provisional basis pending a decision on their inclusion in the relevant Annexes to the Basel Convention or to the OECD Decision; |
|
(c) |
following the submission of a request by a Member State, mixtures of two or more wastes listed in Annex III may be considered for inclusion in Annex IIIA in the cases referred to in Article 3(2) on a provisional basis pending a decision on their inclusion in the relevant Annexes to the Basel Convention or to the OECD Decision. The initial entries to be included in Annex IIIA shall be inserted, if practicable, by the date of application of this Regulation and at the latest 6 months after that date. Annex IIIA may contain the proviso that one or more of the entries therein shall not apply for exports to countries to which the OECD Decision does not apply; |
|
(d) |
the exceptional cases referred to in Article 3(3) shall be determined and, where necessary, such waste shall be added to Annexes IVA and V and deleted from Annex III; |
|
(e) |
Annex V shall be amended to reflect agreed changes to the list of hazardous waste adopted in accordance with Article 1(4) of Directive 91/689/EEC; |
|
(f) |
Annex VIII shall be amended to reflect relevant international conventions and agreements. |
2. When amending Annex IX, the Committee established by Council Directive 91/692/EEC of 23 December 1991 standardising and rationalising reports on the implementation of certain Directives relating to the environment (22) shall be fully associated with the deliberations.
3. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 3 months.
Article 59
Additional measures
1. The Commission may adopt additional measures related to the implementation of this Regulation as follows:
|
(a) |
a method for calculating the financial guarantee or equivalent insurance as set out in Article 6; |
|
(b) |
guidelines for the application of Article 12(1)(g); |
|
(c) |
further conditions and requirements in relation to pre-consented recovery facilities as referred to in Article 14; |
|
(d) |
guidelines on the application of Article 15 in relation to the identification and tracking of waste undergoing substantial changes in the interim recovery or disposal operation; |
|
(e) |
guidelines for the cooperation of competent authorities with regard to illegal shipments as referred to in Article 24; |
|
(f) |
technical and organisational requirements for the practical implementation of electronic data interchange for the submission of documents and information in accordance with Article 26(4); |
|
(g) |
further guidance concerning the use of languages referred to in Article 27; |
|
(h) |
further clarification of the procedural requirements of Title II as regards their application to exports, imports and transit of waste from, to, and through the Community; |
|
(i) |
further guidance concerning undefined legal terms. |
2. Such measures shall be decided in accordance with the procedure referred to in Article 18(2) of Directive 75/442/EEC.
3. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
Article 60
Review
1. By ... (23), the Commission shall complete its review of the relationship between existing sectoral legislation on animal and public health, including shipments of waste covered by Regulation (EC) No 1774/ 2002, and the provisions of this Regulation. If necessary, this review shall be accompanied by appropriate proposals with a view to achieving an equivalent level of procedures and control regime for the shipment of Such waste.
2. Within five years from ... (24), the Commission shall review the implementation of Article 12(1)(c), including its effect on environment protection and the functioning of the internal market. If necessary, this review shall be accompanied by appropriate proposals to amend this provision.
Article 61
Repeals
1. Regulation (EEC) No 259/93 and Decision 94/774/EC are hereby repealed with effect from ... (24).
2. References made to the repealed Regulation (EEC) No 259/93 shall be construed as being made to this Regulation.
3. Decision 1999/412/EC is hereby repealed with effect from 1 January ... (25).
Article 62
Transition rules
1. Any shipment that has been notified and for which the competent authority of destination has given acknowledgement before ... (23) shall be subject to the provisions of Regulation (EEC) No 259/93.
2. Any shipment for which the competent authorities concerned have given their consent pursuant to Regulation (EEC) No 259/93 shall be completed not later than one year from the date of application of this Regulation.
3. Reporting pursuant to Article 41(2) of Regulation (EEC) No 259/93 and Article 51 of this Regulation for the year ... (26) shall be based on the questionnaire contained in Decision 1999/412/EC.
Article 63
Transitional arrangements for certain Member States
1. Until 31 December 2010, all shipments to Latvia of waste for recovery listed in Annexes III and IV and shipments of waste for recovery not listed in those Annexes shall be subject to the procedure of prior written notification and consent in accordance with Title II.
By way of derogation from Article 12, the competent authorities shall object to shipments of waste for recovery listed in Annexes III and IV and shipments of waste for recovery not listed in those Annexes destined for a facility benefiting from a temporary derogation from certain provisions of Directive 96/61/ EC during the period in which the temporary derogation is applied to the facility of destination .
2. Until 31 December 2012, all shipments to Poland of waste for recovery listed in Annex III shall be subject to the procedure of prior written notification and consent in accordance with Title II.
By way of derogation from Article 12, until 31 December 2007, the competent authorities may raise objections to shipments to Poland for recovery of the following waste listed in Annexes III and IV in conformity with the grounds for objection laid down in Article 11:
B2020 and GE 020 (glass waste)
B2070
B2080
B2100
B2120
B3010 and GH 013 (solid plastic waste)
B3020 (paper waste)
B3140 (waste pneumatic tyres)
Y46
Y47
A1010 and A1030 (only the indents referring to arsenic and mercury)
A1060
A1140
A2010
A2020
A2030
A2040
A3030
A3040
A3070
A3120
A3130
A3160
A3170
A3180 (applies only in respect of polychlorinated naphthalenes (PCN))
A4010
A4050
A4060
A4070
A4090
AB030
AB070
AB120
AB130
AB150
AC060
AC070
AC080
AC150
AC160
AC260
AD150
With the exception of glass waste, paper waste and waste pneumatic tyres, this period may be extended until no later than 31 December 2012 in accordance with the procedure referred to in Article 18(2) of Directive 75/442/EEC.
By way of derogation from Article 12, until 31 December 2012, the competent authorities may raise objections in conformity with the grounds for objection laid down in Article 11 to shipments to Poland of:
|
(a) |
the following waste for recovery listed in Annex IV: A2050 A3030 A3180 except polychlorinated naphthalenes (PCN) A3190 A4110 A4120 RB020 |
and of
|
(b) |
waste for recovery not listed in the Annexes. |
By way of derogation from Article 12, competent authorities shall object to shipments of waste for recovery listed in Annexes III and IV and shipments of waste for recovery not listed in those Annexes destined for a facility benefiting from a temporary derogation from certain provisions of Directive 96/61/EC during the period in which the temporary derogation is applied to the facility of destination.
3. Until 31 December 2011, all shipments to Slovakia of waste for recovery listed in Annexes III and IV and shipments of waste for recovery not listed in those Annexes shall be subject to the procedure of prior written notification and consent in accordance with Title II.
By way of derogation from Article 12, the competent authorities shall object to shipments of waste for recovery listed in Annexes III and IV and shipments of waste for recovery not listed in those Annexes destined for a facility benefiting from a temporary derogation from certain provisions of Directives 94/67/EC and 96/61/EC, Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (27), and 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 (28) during the period in which the temporary derogation is applied to the facility of destination.
4. Unti1 31 December 2014, all shipments to Bulgaria of waste for recovery listed in Annex III shall be subject to the procedure of prior written notification and consent in accordance with Title II.
By way of derogation from Article 12, until 31 December 2009, the Bulgarian competent authorities may raise objections to shipments to Bulgaria for recovery of the following waste listed in Annexes III and IV in conformity with the grounds for objection laid down in Article 11:
B2070
B2080
B2100
B2120
Y46
Y47
A1010 and A1030 (only the indents referring to arsenic and mercury)
A1060
A1140
A2010
A2020
A2030
A2040
A3030
A3040
A3070
A3120
A3130
A3160
A3170
A3180 (applies only in respect of polychlorinated naphthalenes (PCN))
A4010
A4050
A4060
A4070
A4090
AB030
AB070
AB120
AB130
AB150
AC060
AC070
AC080
AC150
AC160
AC260
AD150
This period may be extended until no later than 31 December 2012 in accordance with the procedure referred to in Article 18(2) of Directive 75/442/EEC.
By way of derogation from Article 12, until 31 December 2009, the Bulgarian competent authorities may raise objections in conformity with the grounds for objection laid down in Article 11 to shipments to Bulgaria of:
|
(a) |
the following waste for recovery listed in Annex IV: A2050 A3030 A3180, except polychlorinated naphthalenes (PCN) A3190 A4110 A4120 RB020 |
and of
|
(b) |
waste for recovery not listed in those Annexes. |
By way of derogation from Article 12, the Bulgarian competent authorities shall object to shipments of waste for recovery listed in Annexes III and IV and shipments of waste for recovery not listed in those Annexes destined for a facility benefiting from a temporary derogation from certain provisions of Directive 96/61/EC or Directive 2001/80/EC during the period in which the temporary derogation is applied to the facility of destination.
5. Until 31 December 2015, all shipments to Romania of waste for recovery listed in Annex III shall be subject to the procedure of prior written notification and consent in accordance with Title II.
By way of derogation from Article 12, until 31 December 2011, the Romanian competent authorities may raise objections to shipments to Romania for recovery of the following waste listed in Annexes III and IV in conformity with the grounds for objection laid down in Article 11:
B2070
B2100, except waste alumina
B2120
B4030
Y46
Y47
A1010 and A1030 (only the indents referring to arsenic, mercury and thallium)
A1060
A1140
A2010
A2020
A2030
A3030
A3040
A3050
A3060
A3070
A3120
A3130
A3140
A3150
A3160
A3170
A3180 (applies only in respect of polychlorinated naphthalenes (PCN))
A4010
A4030
A4040
A4050
A4080
A4090
A4100
A4160
AA060
AB030
AB120
AC060
AC070
AC080
AC150
AC160
AC260
AC270
AD120
AD150
This period may be extended until no later than 31 December 2015 in accordance with the procedure referred to in Article 18(2) of Directive 75/442/EEC.
By way of derogation from Article 12, until 31 December 2011, the Romanian competent authorities may raise objections in conformity with the grounds for objection laid down in Article 11 to shipments to Romania of:
|
(a) |
the following waste for recovery listed in Annex IV: A2050 A3030 A3180 except polychlorinated naphthalenes (PCN) A3190 A4110 A4120 RB020 |
and of
|
(b) |
waste for recovery not listed in those Annexes. |
This period may be extended until no later than 31 December 2015 in accordance with the procedure referred to in Article 18(2) of Directive 75/442/EEC.
By way of derogation from Article 12, the Romanian competent authorities shall object to shipments of waste for recovery listed in Annexes III and IV and shipments of waste for recovery not listed in those Annexes destined for a facility benefiting from a temporary derogation from certain provisions of Directive 96/61/EC, Directive 2000/76/EC or Directive 2001/80/EC during the period in which the temporary derogation is applied to the facility of destination.
6. When reference is made in this Article to Title II in relation to waste listed in Annex III, Article 3(2), Article 4, second subparagraph, point 5, and Articles 6, 11, 22, 23, 24, 25 and 31 shall not apply.
Article 64
Entry into force and application
1. This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from ... (29).
2. Should the date of accession of Bulgaria or Romania be later than the date of application specified in paragraph 1, Article 63 (4) and (5) shall, by way of derogation from paragraph 1 of this Article, apply from the date of accession.
3. Subject to the agreement of the Member States concerned, Article 26(4) may be applied before ... (29).
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 108, 30.4.2004, p. 58.
(2) Opinion of the European Parliament of 19 November 2003 (OJ C 87 E, 7.4.2004, p. 281 ), Council common position of 24 June 2005 (OJ C 206 E, 23.8.2005, p. 1) and position of the European Parliament of 25 Odober 2005 (not yet published in the Official Journal).
(3) OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 2557/2001 (OJ L 349, 31.12.2001, p. 1).
(4) OJ L 310, 3.12.1994, p. 70.
(5) OJ L 156, 23.6.1999, p. 37.
(8) OJ L 272, 4.10.1997, p. 45.
(9) OJ L 22, 24.1.1997, p. 14.
(10) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 416/2005 (OJ L 66, 12.3.2005, p. 10 ).
(11) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
(12) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003.
(13) OJ L 314, 30.11.2001, p. 1.
(14) OJ L 184, 17.7.1999, p. 23.
(15) OJ L 35, 12.2.1992, p. 24.
(16) OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).
(17) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by the 2003 Act of Accession.
(18) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).
(19) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003 Act of Accession.
(20) OJ L 13, 19.1.2000, p. 12.
(21) OJ L 226, 6.9.2000, p. 3. Decision as last amended by Council Decision 2001/573/EC (OJ L 203, 28.7.2001, p. 18).
(22) OJ L 377, 31.12.1991, p. 48. Directive as amended by Regulation (EC) No 1882/2003.
(23) The date of entry into force of this Regulation.
(24) The date of application of this Regulation (12 months after the date of publication).
(25) The year following the year of application of this Regulation (the second year following the year of publication).
(26) The year of application of this Regulation (the year following the year of publication).
(27) OJ L 332, 28.12.2000, p. 91.
(28) OJ L 309, 27.11.2001, p. 1. Directive as amended by the 2003 Ad of Accession.
(29) 12 months after the date of publication of this Regulation.
ANNEX IA
Notification document for transboundary movements/shipments of waste EU
List of abbreviations and codes used in the notification document
Further information, in particular related to waste identification (block 14), i.e. on Basel Annexes VIII and IX codes, OECD codes and Y codes, can be found in a Guidance/Instruction Manual available from the OECD and the Secretariat of the Basel Convention.
ANNEX IB
Movement document for transboundary movements/shipments of EU waste
List of abbreviations and codes used in the movement document
Further information, in particular related to waste identification (block 14), i.e. on Basel Annexes VIII and IX codes, OECD codes and Y codes, can be found in a Guidance/Instruction Manual available from the OECD and the Secretariat of the Basel Convention.
ANNEX IC
SPECIFIC INSTRUCTIONS FOR COMPLETING THE NOTIFICATION AND MOVEMENT DOCUMENTS
ANNEX II
INFORMATION AND DOCUMENTATION RELATED TO NOTIFICATION
Part 1 INFORMATION TO BE SUPPLIED ON, OR ANNEXED TO, THE NOTIFICATION DOCUMENT:
|
1. |
Serial number or other accepted identifier of the notification document and Intended total number of shipments. |
|
2. |
Notifier's name, address, telephone number, fax number, e-mail address, registration number and contact person. |
|
3. |
If the notifier is not the producer: producer(s)' name, address, telephone number, fax number, e-mail address and contact person. |
|
4. |
Dealer(s) or broker(s)' name, address, telephone number, fax number, e-mail address and contact person, where the notifier has authorised him in accordance with point 15 of Article 2. |
|
5. |
Recovery or disposal facility's name, address, telephone number, fax number, e-mail address, registration number, contact person, technologies employed and possible status as pre-consented in accordance with Article 14. If the waste is destined for an interim recovery or disposal operation, similar information regarding all facilities where subsequent interim and non-interim recovery or disposal operations are envisaged shall be indicated. If the recovery or disposal facility is listed in Annex I, Category 5 of Directive 96/61/EC, evidence (e.g. a declaration certifying its existence) of a valid permit issued in accordance with Articles 4 and 5 of that Directive shall be provided. |
|
6. |
Consignee's name, address, telephone number, fax number, e-mail address, registration number and contact person. |
|
7. |
Intended carrier(s)' and/or their agent(s)' name, address, telephone number, fax number, e-mail address, registration number and contact person. |
|
8. |
Country of dispatch and relevant competent authority. |
|
9. |
Countries of transit and relevant competent authorities. |
|
10. |
Country of destination and relevant competent authority. |
|
11. |
Single notification or general notification. If general notification, period of validity requested. |
|
12. |
Date(s) envisaged for start of the shipment(s). |
|
13. |
Means of transport envisaged. |
|
14. |
Intended routing (point of exit from and entry into each country concerned, including customs offices of entry into and/or exit from and/or export from the Community) and Intended route (route between points of exit and entry), including possible alternatives, also in case of unforeseen circumstances. |
|
15. |
Evidence of registration of the carrier(s) regarding waste transports (e.g. a declaration certifying its existence). |
|
16. |
Designation of the waste on the appropriate list, the source(s), description, composition and any hazardous characteristics. In the case of waste from various sources, also a detailed inventory of the waste. |
|
17. |
Estimated maximum and minimum quantities. |
|
18. |
Type of packaging envisaged. |
|
19. |
Specification of the recovery or disposal operation(s) as referred to in Annexes IIA and IIB to Directive 75/442/EEC. |
|
20. |
If the waste is destined for recovery:
|
|
21. |
Evidence of insurance against liability for damage to third parties (e.g. a declaration certifying its existence). |
|
22. |
Evidence of a contract (or a declaration certifying its existence) between the notifier and consignee for the recovery or disposal of the waste that has been concluded and is effective at the time of the notification, as required in the second subparagraph, point 4 of Article 4 and in Article 5. |
|
23. |
A copy of the contract or evidence of the contract (or a declaration certifying its existence) between the producer, new producer or collector and the broker or dealer, in the event that the broker or dealer acts as notifier. |
|
24. |
Evidence of a financial guarantee or equivalent insurance (or a declaration certifying its existence if the competent authority so allows) that has been established and is effective at the time of the notification or, if the competent authority which approves the financial guarantee or equivalent insurance so allows, at the latest when the shipment starts, as required in the second subparagraph, point 5 of Article 4 and in Article 6. |
|
25. |
Certification by the notifier that the information is complete and correct to the best of his knowledge. |
|
26. |
When the notifier is not the producer in accordance with point 15(a)(i) of Article 2, the notifier shall ensure that the producer or one of the persons indicated in point 15(a)(ii) or (iii) of Article2, where practicable, also signs the notification document provided for in Annex IA. |
Part 2 INFORMATION TO BE SUPPLIED ON, OR ANNEXED TO, THE MOVEMENT DOCUMENT:
Supply all information listed in part 1, updated in accordance with the points set out below, and the other additional information specified:
|
1. |
Serial and total number of shipments. |
|
2. |
Date shipment started. |
|
3. |
Means of transport. |
|
4. |
Carrier(s)' name, address, telephone number, fax number and e-mail address. |
|
5. |
Routing (point of exit from and entry into each country concerned, including customs offices of entry into and/or exit from and/or export from the Community) and route (route between points of exit and entry), including possible alternatives, also in case of unforeseen circumstances. |
|
6. |
Quantities. |
|
7. |
Type of packaging. |
|
8. |
Any special precautions to be taken by the carrier(s). |
|
9. |
Declaration by the notifier that all necessary consents have been received from the competent authorities of the countries concerned. This declaration must be signed by the notifier. |
|
10. |
Appropriate signatures for each custody transfer. |
Part 3 ADDITIONAL INFORMATION AND DOCUMENTATION THAT MAY BE REQUESTED BY THE COMPETENT AUTHORITIES:
|
1. |
The type and duration of the authorisation pursuant to which the recovery or disposal facility operates. |
|
2. |
Copy of the permit issued in accordance with Articles 4 and 5 of Directive 96/61/EC. |
|
3. |
Information concerning the measures to be taken to ensure transport safety. |
|
4. |
The transport distance(s) between the notifier and the facility , including possible alternative routes, also in case of unforeseen circumstances and, in the event of intermodal transport, the place where the transfer will take place. |
|
5. |
Information about costs of transport between the notifier and the facility . |
|
6. |
Copy of the registration of the carrier(s) regarding the waste transport. |
|
7. |
Chemical analysis of the composition of the waste. |
|
8. |
Description of the production process of the waste. |
|
9. |
Description of the treatment process of the facility which receives the waste. |
|
10. |
The financial guarantee or equivalent insurance or a copy thereof. |
|
11. |
Information concerning the calculation of the financial guarantee or equivalent insurance as required in the second subparagraph, point 5 of Article 4 and in Article 6. |
|
12. |
Copy of the contracts referred to in Part 1, points 22 and 23. |
|
13. |
Copy of the policy of insurance against liability for damage to third parties. |
|
14. |
Any other Information which is pertinent to the assessment of the notification in accordance with this Regulation and national legislation. |
ANNEX III
LIST OF WASTES SUBJECT TO THE GENERAL REQUIREMENT OF BEING ACCOMPANIED BY CERTAIN INFORMATION („green“ listed waste) (1)
Regardless of whether or not wastes are included on this list, they may not be subject to the general requirement of being accompanied by certain Information if they are contaminated by other materials to an extent which
|
(a) |
increases the risks associated with the wastes sufficiently to render them appropriate for submission to the procedure of prior written notification and consent, when taking into account the hazardous characteristics listed in Annex III to Directive 91/689/EEC; or |
|
(b) |
prevents the recovery of the wastes in an environmentally sound manner. |
Part I
The following wastes will be subject to the general requirement of being accompanied by certain information:
Wastes listed in Annex IX to the Basel Convention (2).
For the purposes of this Regulation:
|
(a) |
Any reference to list A in Annex IX to the Basel Convention shall be understood as a reference to Annex IV to this Regulation. |
|
(b) |
In Basel entry B1020 the term „bulk finished form“ includes all metallic non-dispersible (3) forms of the scrap listed therein. |
|
(c) |
The part of Basel entry B1100 that refers to „Slags from copper processing“ etc. does not apply and (OECD) entry GB040 in Part II applies instead. |
|
(d) |
Basel entry B1110 does not apply and (OECD) entries GCO10 and GC020 in Part II apply instead. |
|
(e) |
Basel entry B2050 does not apply and (OECD) entry GG040 in Part II applies instead. |
|
(f) |
The reference in Basel entry B3010 to fluorinated polymer wastes shall be deemed to include polymers and co-polymers of fluorinated ethylene (PTFE). |
Part II
The following wastes will also be subject to the general requirement of being accompanied by certain information:
|
Metal bearing wastes arising from melting, smelting and refining of metals |
||
|
GB040 |
7112 262030 262090 |
Slags from precious metals and copper processing for further refining |
|
Other Wastes Containing Metals |
||
|
GC010 |
|
Electrical assemblies consisting only of metals or alloys |
|
GC020 |
|
Electronic scrap (e.g. printed circuit boards, electronic components, wire, etc.) and reclaimed electronic components suitable for base and precious metal recovery |
|
GC030 |
ex 890800 |
Vessels and other floating structures for breaking up, properly emptied of any cargo and other materials arising from the operation of the vessel which may have been classified as a dangerous substance or waste |
|
GC050 |
|
Spent Fluid Catalytic Cracking (FCC) Catalysts (e.g. aluminium oxide, zeolites) |
|
Glass waste in non-dispersible form |
||
|
GE020 |
ex 7001 ex 701939 |
Glass fibre waste |
|
Ceramic wastes in non-dispersible form |
||
|
GF010 |
|
Ceramic wastes which have been fired after shaping, including ceramic vessels (before and/or after use) |
|
Other wastes containing principally inorganic constituents, which may contain metals and organic materials |
||
|
GG030 |
ex 2621 |
Bottom ash and slag tap from coal fired power plants |
|
GG040 |
ex 2621 |
Coal fired power plants fly ash |
|
Solid plastic wastes |
||
|
GH013 |
391530 ex 390410-40 |
Polymers of vinyl chloride |
|
Wastes arising from tanning and fellmongery operations and leather use |
||
|
GN010 |
ex 050200 |
Waste of pigs', hogs' or boars' bristles and hair or of badger hair and other brush making hair |
|
GN020 |
ex 050300 |
Horsehair waste, whether or not put up as a layer with or without supporting material |
|
GN030 |
ex 050590 |
Waste of skins and other parts of birds, with their feathers or down, of feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation |
(1) This list originates from the OECD Decision, Appendix 3.
(2) Annex IX to the Basel Convention is listed in this Regulation in Annex V, Part 1, List B.
(3) „Non-dispersible“ does not include any wastes in the form of powder, sludge, dust or solid items containing encased hazardous waste liquids.
ANNEX IIIA
MIXTURES OF TWO OR MORE WASTES LISTED IN ANNEX III AND NOT CLASSIFIED UNDER ONE SINGLE ENTRY AS REFERRED TO IN ARTICLE 3(2)
ANNEX IIIB
ADDITIONAL GREEN LISTED WASTE AWAITING INCLUSION IN THE RELEVANT ANNEXES TO THE BASEL CONVENTION OR THE OECD DECISION AS REFERRED TO IN ARTICLE 58(1)(B)
ANNEX IV
LIST OF WASTES SUBJECT TO THE PROCEDURE OF PRIOR WRITTEN NOTIFICATION AND CONSENT (“AMBER” LISTED WASTE) (1)
Part I
The following wastes will be subject to the procedure of prior written notification and consent:
Wastes listed in Annexes II and VIII to the Basel Convention (2).
For the purposes of this Regulation:
|
(a) |
Any reference to list B in Annex VIII to the Basel Convention shall be understood as a reference to Annex III to this Regulation. |
|
(b) |
In Basel entry A1010, the term “excluding such wastes specifically listed on List B (Annex IX)” is a reference both to Basel entry B1020 and the note on B1020 in Annex III to this Regulation, Part I(b). |
|
(c) |
Basel entries A1180 and A2060 do not apply and OECD entries GC010, GC020 and GG040 in Annex III, Part II apply instead when appropriate. |
|
(d) |
Basel entry A4050 includes spent potlinings from aluminium smelting because they contain Y33 inorganic cyanides. If the cyanides have been destroyed, spent potlinings are assigned to Part II entry AB120 because they contain Y32, inorganic fluorine compounds excluding calcium fluoride. |
Part II
The following wastes will also be subject to the procedure of prior written notification and consent:
|
Metal bearing wastes |
||
|
AA010 |
261900 |
Dross, scalings and other wastes from the manufacture of iron and steel (3) |
|
AA060 |
262050 |
Vanadium ashes and residues (3) |
|
AA190 |
810420 ex 810430 |
Magnesium waste and scrap that is flammable, pyrophoric or emits, upon contact with water, flammable gases in dangerous quantities |
|
Wastes containing principally inorganic constituents, which may contain metals and organic materials |
||
|
AB030 |
|
Wastes from non-cyanide based systems which arise from surface treatment of metals |
|
AB070 |
|
Sands used in foundry operations |
|
AB120 |
ex 281290 ex 3824 |
Inorganic halide compounds, not elsewhere specified or included |
|
AB130 |
|
Used blasting grit |
|
AB150 |
ex 382490 |
Unrefined calcium sulphite and calcium sulphate from flue gas desulphurisation (FGD) |
|
Wastes containing principally organic constituents, which may contain metals and inorganic materials |
||
|
AC060 |
ex 381900 |
Hydraulic fluids |
|
AC070 |
ex 381900 |
Brake fluids |
|
AC080 |
ex 382000 |
Antifreeze fluids |
|
AC150 |
|
Chlorofluorocarbons |
|
AC160 |
|
Halons |
|
AC170 |
ex 440310 |
Treated cork and wood wastes |
|
AC250 |
|
Surface active agents (surfactants) |
|
AC260 |
ex 3101 |
Liquid pig manure; faeces |
|
AC270 |
|
Sewage sludge |
|
Wastes which may contain either inorganic or organic constituents |
||
|
AD090 |
ex 382490 |
Wastes from production, formulation and use of reprographic and photographic chemicals and materials not elsewhere specified or included |
|
AD100 |
|
Wastes from non-cyanide based systems which arise from surface treatment of plastics |
|
AD120 |
ex 391400 ex 3915 |
Ion exchange resins |
|
AD150 |
|
Naturally occurring organic material used as a filter medium (such as biofilters) |
|
Wastes containing principally inorganic constituents, which may contain metals and organic materials |
||
|
RB020 |
ex 6815 |
Ceramic based fibres of physico-chemical characteristics similar to those of asbestos |
(1) This list originates from the OECD decision, Appendix 4.
(2) Annex VIII to the Basel Convention is listed in this Regulation in Annex V, Part 1, List A. Annex II to the Basel Convention contains the following entries: Y46 Waste collected from households unless appropriately classified under a single entry in Annex III. Y47 Residues arising from the incineration of household wastes.
(3) This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling, dust, powder, sludge and cake, unless a material is expressly listed elsewhere.
ANNEX IVA
WASTE LISTED IN ANNEX III BUT SUBJECT TO THE PROCEDURE OF PRIOR WRITTEN NOTIFICATION AND CONSENT (ARTICLE 3(3))
ANNEX V
WASTE SUBJECT TO THE EXPORT PROHIBITION IN ARTICLE 36 INTRODUCTORY NOTES
1. This Annex applies without prejudice to Directives 75/442/EEC and 91/689/EEC.
2. This Annex consists of three parts, parts 2 and 3 of which apply only when part 1 is not applicable. Consequently, to determine whether a specific waste is listed in this Annex, an initial check must be made to ascertain whether the waste is listed in part 1 of this Annex, and, if it does not, whether it is listed in part 2, and, if it does not, whether it is listed in part 3.
Part 1 is divided into two sub-sections: List A lists wastes which are classified as hazardous by Article 1(1)(a) of the Basel Convention, and therefore covered by the export prohibition, and List B lists wastes which are not covered by Article 1(1)(a) of the Basel Convention, and therefore not covered by the export prohibition.
Thus, if a waste is listed in part 1, a check must be made to ascertain whether it is listed in List A or in List B. Only if a waste is not listed in either List A or List B of part 1, must a check be made to ascertain whether it is listed either among the hazardous waste listed in part 2 (i.e. types of waste marked with an asterisk) or in part 3, and if this is the case, it is covered by the export prohibition.
3. Wastes listed in List B of part 1 or which are among the non-hazardous waste listed in part 2 (i.e. wastes not marked with an asterisk) are covered by the export prohibition if they are contaminated by other materials to an extent which
|
(a) |
increases the risks associated with the waste sufficiently to render it appropriate for submission to the procedure of prior written notification and consent, when taking into account the hazardous characteristics listed in Annex III to Directive 91/689/EEC; or |
|
(b) |
prevents the recovery of the waste in an environmentally sound manner. |
PART 1 (1)
List A (Annex VIII to the Basel Convention)
|
A1 |
Metal and metal bearing wastes |
||||||||||||||||||
|
A1010 |
Metal wastes and waste consisting of alloys of any of the following:
but excluding such Wastes specifically listed on list B. |
||||||||||||||||||
|
A1020 |
Waste having as constituents or contaminants, excluding metal waste in massive form, any of the following:
|
||||||||||||||||||
|
A1030 |
Wastes having as constituents or contaminants any of the following:
|
||||||||||||||||||
|
A1040 |
Wastes having as constituents any of the following:
|
||||||||||||||||||
|
A1050 |
Galvanic sludges |
||||||||||||||||||
|
A1060 |
Waste liquors from the pickling of metals |
||||||||||||||||||
|
A1070 |
Leaching residues from zinc processing, dust and sludges such as jarosite, hematite, etc. |
||||||||||||||||||
|
A1080 |
Waste zinc residues not included on list B, containing lead and Cadmium in concentrations sufficient to exhibit Annex III characteristics |
||||||||||||||||||
|
A1090 |
Ashes from the incineration of insulated copper wire |
||||||||||||||||||
|
A1100 |
Dusts and residues from gas cleaning systems of copper smelters |
||||||||||||||||||
|
A1110 |
Spent electrolytic solutions from copper electrorefining and electrowinning operations |
||||||||||||||||||
|
A1120 |
Waste sludges, excluding anode slimes, from electrolyte purification systems in copper electrorefining and electrowinning operations |
||||||||||||||||||
|
A1130 |
Spent etching solutions containing dissolved copper |
||||||||||||||||||
|
A1140 |
Waste cupric chloride and copper cyanide catalysts |
||||||||||||||||||
|
A1150 |
Precious metal ash from incineration of printed circuit boards not included on list B (2) |
||||||||||||||||||
|
A1160 |
Waste lead-acid batteries, whole or crushed |
||||||||||||||||||
|
A1170 |
Unsorted waste batteries excluding mixtures of only list B batteries. Waste batteries not specified on list B containing Annex I constituents to an extent to render them hazardous |
||||||||||||||||||
|
A1180 |
Waste electrical and electronic assemblies or scrap (3) containing components such as accumulators and other batteries included on list A, mercury-switches, glass from cathode-ray tubes and other activated glass and PCB-capacitors, or contaminated with Annex I constituents (e.g. cadmium, mercury, lead, polychlorinated biphenyl) to an extent that they possess any of the characteristics contained in Annex III (note the related entry on list B, B1110) (4) |
||||||||||||||||||
|
A1190 |
Waste metal cables coated or insulated with plastics containing or contaminated with coal tar, PCB (5), lead, cadmium, other organohalogen compounds or other Annex I constituents, to the extent that they exhibit Annex III characteristics |
||||||||||||||||||
|
A2 |
Wastes containing principally inorganic constituents, which may contain metals and organic materials |
||||||||||||||||||
|
A2010 |
Glass waste from cathode-ray tubes and other activated glasses |
||||||||||||||||||
|
A2020 |
Waste inorganic fluorine compounds in the form of liquids or sludges but excluding such wastes specified on list B |
||||||||||||||||||
|
A2030 |
Waste catalysts but excluding such wastes specified on list B |
||||||||||||||||||
|
A2040 |
Waste gypsum arising from chemical industry processes, when containing Annex I constituents to the extent that it exhibits an Annex III hazardous characteristic (note the related entry on list B, B2080) |
||||||||||||||||||
|
A2050 |
Waste asbestos (dusts and fibres) |
||||||||||||||||||
|
A2060 |
Coal-fired power plant fly-ash containing Annex I substances in concentrations sufficient to exhibit Annex III characteristics (note the related entry on list B, B2050) |
||||||||||||||||||
|
A3 |
Wastes containing principally organic constituents, which may contain metals and inorganic materials |
||||||||||||||||||
|
A3010 |
Waste from the production or processing of petroleum coke and bitumen |
||||||||||||||||||
|
A3020 |
Waste mineral oils unfit for their originally intended use |
||||||||||||||||||
|
A3030 |
Wastes that contain, consist of or are contaminated with leaded anti-knock compound sludges |
||||||||||||||||||
|
A3040 |
Waste thermal (heat transfer) fluids |
||||||||||||||||||
|
A3050 |
Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives excluding such wastes specified on list B (note the related entry on list B, B4020) |
||||||||||||||||||
|
A3060 |
Waste nitrocellulose |
||||||||||||||||||
|
A3070 |
Waste phenols, phenol compounds including chlorophenol in the form of liquids or sludges |
||||||||||||||||||
|
A3080 |
Waste ethers not including those specified on list B |
||||||||||||||||||
|
A3090 |
Waste leather dust, ash, sludges and flours when containing hexavalent chromium compounds or biocides (note the related entry on list B, B3100) |
||||||||||||||||||
|
A3100 |
Waste paring and other waste of leather or of composition leather not suitable for the manufacture of leather articles containing hexavalent chromium compounds or biocides (note the related entry on list B, B3090) |
||||||||||||||||||
|
A3110 |
Fellmongery wastes containing hexavalent chromium compounds or biocides or infectious substances (note the related entry on list B, B 3110) |
||||||||||||||||||
|
A3120 |
Fluff — light fraction from shredding |
||||||||||||||||||
|
A3130 |
Waste organic phosphorous compounds |
||||||||||||||||||
|
A3140 |
Waste non-halogenated organic solvents but excluding such wastes specified on list B |
||||||||||||||||||
|
A3150 |
Waste halogenated organic solvents |
||||||||||||||||||
|
A3160 |
Waste halogenated or unhalogenated non-aqueous distillation residues arising from organic solvent recovery operations |
||||||||||||||||||
|
A3170 |
Wastes arising from the production of aliphatic halogenated hydrocarbons (such as chloromethane, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride and epichlorhydrin) |
||||||||||||||||||
|
A3180 |
Wastes, substances and articles containing, consisting of or contaminated with polychlorinated biphenyl (PCB), polychlorinated terphenyl (PCT), polychlorinated naphthalene (PCN) or polybrominated biphenyl (PBB), or any other polybrominated analogues of these compounds, at a concentration level of 50 mg/kg or more (6) |
||||||||||||||||||
|
A3190 |
Waste tarry residues (excluding asphalt cements) arising from refining, distillation and any pyrolitic treatment of organic materials |
||||||||||||||||||
|
A3200 |
Bituminous material (asphalt waste) from road construction and maintenance, containing tar (note the related entry on list B B2130) |
||||||||||||||||||
|
A4 |
Wastes which may contain either inorganic or organic constituents |
||||||||||||||||||
|
A4010 |
Wastes from the production, preparation and use of pharmaceutical products but excluding such wastes specified on list B |
||||||||||||||||||
|
A4020 |
Clinical and related wastes; that is wastes arising from medical, nursing, dental, veterinary, or similar practices, and wastes generated in hospitals or other facilities during the investigation or treatment of patients, or research projects |
||||||||||||||||||
|
A4030 |
Wastes from the production, formulation and use of biocides and phytopharmaceuticals, including waste pesticides and herbicides which are off-specification, out-dated (7), or unfit for their originally intended use |
||||||||||||||||||
|
A4040 |
Wastes from the manufacture, formulation and use of wood-preserving chemicals (8) |
||||||||||||||||||
|
A4050 |
Wastes that contain, consist of or are contaminated with any of the following:
|
||||||||||||||||||
|
A4060 |
Waste oils/water, hydrocarbons/water mixtures, emulsions |
||||||||||||||||||
|
A4070 |
Wastes from the production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish excluding any such waste specified on list B (note the related entry on list B, B4010) |
||||||||||||||||||
|
A4080 |
Wastes of an explosive nature (but excluding such wastes specified on list B) |
||||||||||||||||||
|
A4090 |
Waste acidic or basic solutions, other than those specified in the corresponding entry on list B (note the related entry on list B, B2120) |
||||||||||||||||||
|
A4100 |
Wastes from industrial pollution control devices for cleaning of industrial off-gases but excluding such wastes specified on list B |
||||||||||||||||||
|
A4110 |
Wastes that contain, consist of or are contaminated with any of the following:
|
||||||||||||||||||
|
A4120 |
Wastes that contain, consist of or are contaminated with peroxides |
||||||||||||||||||
|
A4130 |
Waste packages and containers containing Annex I substances in concentrations sufficient to exhibit Annex III hazard characteristics |
||||||||||||||||||
|
A4140 |
Waste consisting of or containing off-specification or out-dated (9) chemicals corresponding to Annex I categories and exhibiting Annex III hazard characteristics |
||||||||||||||||||
|
A4150 |
Waste chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on human health and/or the environment are not known |
||||||||||||||||||
|
A4160 |
Spent activated carbon not included on list B (note the related entry on list B, B2060) |
List B (Annex IX to the Basel Convention)
|
B1 |
Metal and metal bearing wastes |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B 1010 |
Metal and metal-alloy wastes in metallic, non-dispersible form:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1020 |
Clean, uncontaminated metal scrap, including alloys, in bulk finished form (sheet, plate, beams, rods, etc.):
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1030 |
Refractory metals containing residues |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1031 |
Molybdenum, tungsten, titanium, tantalum, niobium and rhenium metal and metal alloy wastes in metallic dispersible form (metal powder), excluding such wastes as specified in list A under entry A1050, Galvanic sludges. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1040 |
Scrap assemblies from electrical power generation not contaminated with lubricating oil, PCB or PCT to an extent to render them hazardous |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1050 |
Mixed non-ferrous metal, heavy fraction scrap, not containing Annex I materials in concentrations sufficient to exhibit Annex III characteristics (10) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1060 |
Waste Selenium and Tellurium in metallic elemental form excluding powder |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1070 |
Waste of copper and copper alloys in dispersible form, unless they contain Annex I constituents to an extent that they exhibit Annex III characteristics |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1080 |
Zinc ash and residues including zinc alloys residues in dispersible form unless containing Annex I constituents in concentration such as to exhibit Annex III characteristics or exhibiting hazard characteristic H4.3 (11) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1090 |
Waste batteries conforming to a specification, excluding those made with lead, cadmium or mercury |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1100 |
Metal-bearing wastes arising from melting, smelting and refining of metals:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B 1110 |
Electrical and electronic assemblies:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1115 |
Waste metal cables coated or insulated with plastics, not included in list A1190, excluding those destined for Annex 1VA operations or any other disposal operations involving, at any stage, uncontrolled thermal processes, such as open-burning |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1120 |
Spent catalysts excluding liquids used as catalysts, containing any of:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1130 |
Cleaned spent precious-metal-bearing catalysts |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1140 |
Precious-metal-bearing residues in solid form which contain traces of inorganic cyanides |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1150 |
Precious metals and alloy wastes (gold, silver, the platinum group, but not mercury) in a dispersible, non-liquid form with appropriate packaging and labelling |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1160 |
Precious-metal ash from the incineration of printed circuit boards (note the related entry on list A, A1150) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1170 |
Precious-metal ash from the incineration of photographic film |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1180 |
Waste photographic film containing silver halides and metallic silver |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1190 |
Waste photographic paper containing silver halides and metallic silver |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1200 |
Granulated slag arising from the manufacture of iron and steel |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1210 |
Slag arising from the manufacture of iron and steel including slags as a source of TiO2 and Vanadium |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1220 |
Slag from zinc production, chemically stabilised, having a high iron content (above 20 %) and processed according to industrial specifications (e.g. DIN 4301) mainly for construction |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1230 |
Mill scaling arising from the manufacture of iron and steel |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1240 |
Copper oxide mill-scale |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B1250 |
Waste end-of-life motor vehicles, containing neither liquids nor other hazardous components |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B2 |
Wastes containing principally inorganic constituents, which may contain metals and organic materials |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B2010 |
Wastes from mining operations in non-dispersible form:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B2020 |
Glass waste in non-dispersible form:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B2030 |
Ceramic wastes in non-dispersible form:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B2040 |
Other wastes containing principally inorganic constituents:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B2050 |
Coal-fired power plant fly-ash, not included on list A (note the related entry on list A, A2060) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B2060 |
Spent activated carbon not containing any Annex I constituents to an extent they exhibit Annex III characteristics, for example, carbon resulting from the treatment of potable water and processes of the food industry and vitamin production (note the related entry on list A A4160) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B2070 |
Calcium fluoride sludge |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B2080 |
Waste gypsum arising from chemical industry processes not included on list A (note the related entry on list A, A2040) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B2090 |
Waste anode butts from steel or aluminium production made of petroleum coke or bitumen and cleaned to normal industry specifications (excluding anode butts from chlor alkali electrolyses and from metallurgical industry) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B2100 |
Waste hydrates of aluminium and waste alumina and residues from alumina production excluding such materials used for gas cleaning, flocculation or filtration processes |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B2110 |
Bauxite residue (“red mud”) (pH moderated to less than 11.5) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B2120 |
Waste acidic or basic solutions with a pH greater than 2 and less than 11.5, which are not corrosive or otherwise hazardous (note the related entry on list A, A4090) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B2130 |
Bituminous material (asphalt waste) from road construction and maintenance, not containingtar (15) (note the related entry on list A, A3200) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3 |
Wastes containing principally organic constituents, which may contain metals and inorganic materials |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3010 |
Solid plastic wastes The following plastic or mixed plastic materials, provided they are not mixed with other wastes and are prepared to a specification:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3020 |
Paper, paperboard and paper product wastes The following materials, provided they are not mixed with hazardous wastes: Waste and Scrap of paper or paperboard of:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3030 |
Textile wastes The following materials, provided they are not mixed with other wastes and are prepared to a specification:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3035 |
Waste textile floor coverings, carpets |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3040 |
Rubber wastes The following materials, provided they are not mixed with other wastes:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3050 |
Untreated cork and wood wastes
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3060 |
Wastes arising from agro-food industries provided it is not infectious:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3065 |
Waste edible fats and oils of animal or vegetable origin (e. g. frying oils), provided they do not exhibit an Annex III characteristic |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3070 |
The following wastes:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3080 |
Waste parings and scrap of rubber |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3090 |
Paring and other wastes of leather or of composition leather not suitable for the manufacture of leather articles, excluding leather sludges, not containing hexavalent chromium compounds and biocides (note the related entry on list A, A3100) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3100 |
Leather dust, ash, sludges or flours not containing hexavalent chromium compounds or biocides (note the related entry on list A, A3090) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3110 |
Fellmongery wastes not containing hexavalent chromium compounds or biocides or infectious substances (note the related entry on list A, A3110) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3120 |
Wastes consisting of food dyes |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3130 |
Waste polymer ethers and waste non-hazardous monomer ethers incapable of forming peroxides |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B3140 |
Waste pneumatic tyres, excluding those destined for Annex IVA operations |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B4 |
Wastes which may contain either inorganic or organic constituents |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B4010 |
Wastes consisting mainly of water-based/latex paints, inks and hardened varnishes not containing organic solvents, heavy metals or biocides to an extent to render them hazardous (note the related entry on list A, A4070) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B4020 |
Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives, not listed on list A, free of solvents and other contaminants to an extent that they do not exhibit Annex III characteristics, e.g. water based, or glues based on casein starch, dextrin, cellulose ethers, polyvinyl alcohols (note the related entry on list A, A3050) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
B4030 |
Used single use cameras, with batteries not included on list A |
PART 2
Wastes listed in the Annex to Decision 2000/532/EC (18)
|
01 |
WASTES RESULTING FROM EXPLORATION, MINING, QUARRYING, AND PHYSICAL AND CHEMICAL TREATMENT OF MINERALS |
|
01 01 |
wastes from mineral excavation |
|
01 01 01 |
wastes from mineral metalliferous excavation |
|
01 01 02 |
wastes from mineral non-metalliferous excavation |
|
01 03 |
wastes from physical and chemical processing of metalliferous minerals |
|
01 03 04* |
acid-generating tailings from processing of sulphide ore |
|
01 03 05* |
other tailings containing dangerous substances |
|
01 03 06 |
tailings other than those mentioned in 0103 04 and 0103 05 |
|
01 03 07* |
other wastes containing dangerous substances from physical and chemical processing of metalliferous minerals |
|
01 03 08 |
dusty and powdery wastes other than those mentioned in 0103 07 |
|
01 03 09 |
red mud from alumina production other than the wastes mentioned in 0103 07 |
|
01 03 99 |
wastes not otherwise specified |
|
01 04 |
wastes from physical and chemical processing of non-metalliferous minerals |
|
01 04 07* |
wastes containing dangerous substances from physical and chemical processing of non-metalliferous minerals |
|
01 04 08 |
waste gravel and crushed rocks other than those mentioned in 0104 07 |
|
01 04 09 |
waste sand and clays |
|
01 04 10 |
dusty and powdery wastes other than those mentioned in 0104 07 |
|
01 04 11 |
wastes from potash and rock salt processing other than those mentioned in 0104 07 |
|
01 04 12 |
tailings and other wastes from washing and cleaning of minerals other than those mentioned in 0104 07 and 01 04 11 |
|
01 04 13 |
wastes from stone cutting and sawing other than those mentioned in 01 04 07 |
|
01 04 99 |
wastes not otherwise specified |
|
01 05 |
drilling muds and other drilling wastes |
|
01 05 04 |
fresh-water drilling muds and wastes |
|
01 05 05* |
oil-containing drilling muds and wastes |
|
01 05 06* |
drilling muds and other drilling wastes containing dangerous substances |
|
01 05 07 |
barite-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06 |
|
01 05 08 |
chloride-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06 |
|
01 05 99 |
wastes not otherwise specified |
|
02 |
WASTES FROM AGRICULTURE, HORTICULTURE, AQUACULTURE, FORESTRY, HUNTING AND FISHING, FOOD PREPARATION AND PROCESSING |
|
02 01 |
wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing |
|
02 01 01 |
sludges from washing and cleaning |
|
02 01 02 |
animal-tissue waste |
|
02 01 03 |
plant-tissue waste |
|
02 01 04 |
waste plastics (except packaging) |
|
02 01 06 |
animal faeces, urine and manure (including spoiled straw), effluent, collected separately and treated off-site |
|
02 01 07 |
wastes from forestry |
|
02 01 08* |
agrochemical waste containing dangerous substances |
|
02 01 09 |
agrochemical waste other than those mentioned in 02 01 08 |
|
02 01 10 |
waste metal |
|
02 01 99 |
wastes not otherwise specified |
|
02 02 |
wastes from the preparation and processing of meat, fish and other foods of animal origin |
|
02 02 01 |
sludges from washing and cleaning |
|
02 02 02 |
animal-tissue waste |
|
02 02 03 |
materials unsuitable for consumption or processing |
|
02 02 04 |
sludges from on-site effluent treatment |
|
02 02 99 |
wastes not otherwise specified |
|
02 03 |
wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation |
|
02 03 01 |
sludges from washing, cleaning, peeling, centrifuging and separation |
|
02 03 02 |
wastes from preserving agents |
|
02 03 03 |
wastes from solvent extraction |
|
02 03 04 |
materials unsuitable for consumption or processing |
|
02 03 05 |
sludges from on-site effluent treatment |
|
02 03 99 |
wastes not otherwise specified |
|
02 04 |
wastes from sugar processing |
|
02 04 01 |
soil from cleaning and washing beet |
|
02 04 02 |
off-specification calcium carbonate |
|
02 04 03 |
sludges from on-site effluent treatment |
|
02 04 99 |
wastes not otherwise specified |
|
02 05 |
wastes from the dairy products industry |
|
02 05 01 |
materials unsuitable for consumption or processing |
|
02 05 02 |
sludges from on-site effluent treatment |
|
02 05 99 |
wastes not otherwise specified |
|
02 06 |
wastes from the baking and confectionery industry |
|
02 06 01 |
materials unsuitable for consumption or processing |
|
02 06 02 |
wastes from preserving agents |
|
02 06 03 |
sludges from on-site effluent treatment |
|
02 06 99 |
wastes not otherwise specified |
|
02 07 |
wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) |
|
02 07 01 |
wastes from washing, cleaning and mechanical reduction of raw materials |
|
02 07 02 |
wastes from spirits distillation |
|
02 07 03 |
wastes from chemical treatment |
|
02 07 04 |
materials unsuitable for consumption or processing |
|
02 07 05 |
sludges from on-site effluent treatment |
|
02 07 99 |
wastes not otherwise specified |
|
03 |
WASTES FROM WOOD PROCESSING AND THE PRODUCTION OF PANELS AND FURNITURE, PULP, PAPER AND CARDBOARD |
|
03 01 |
wastes from wood processing and the production of panels and furniture |
|
03 01 01 |
waste bark and cork |
|
03 01 04* |
sawdust, shavings, cuttings, wood, particle board and veneer containing dangerous substances |
|
03 01 05 |
sawdust, shavings, cuttings, wood, particle board and veneer other than those mentioned in 03 01 04 |
|
03 01 99 |
wastes not otherwise specified |
|
03 02 |
wastes from wood preservation |
|
03 02 01* |
non-halogenated organic wood preservatives |
|
03 02 02* |
organochlorinated wood preservatives |
|
03 02 03* |
organometallic wood preservatives |
|
03 02 04* |
inorganic wood preservatives |
|
03 02 05* |
other wood preservatives containing dangerous substances |
|
03 02 99 |
wood preservatives not otherwise specified |
|
03 03 |
wastes from pulp, paper and cardboard production and processing |
|
03 03 01 |
waste bark and wood |
|
03 03 02 |
green liquor sludge (from recovery of cooking liquor) |
|
03 03 05 |
de-inking sludges from paper recycling |
|
03 03 07 |
mechanically separated rejects from pulping of waste paper and cardboard |
|
03 03 08 |
wastes from sorting of paper and cardboard destined for recycling |
|
03 03 09 |
lime mud waste |
|
03 03 10 |
fibre rejects, fibre-, filler and coating sludges from mechanical separation |
|
03 03 11 |
sludges from on-site effluent treatment other than those mentioned in 03 03 10 |
|
03 03 99 |
wastes not otherwise specified |
|
04 |
WASTES FROM THE LEATHER, FUR AND TEXTILE INDUSTRIES |
|
04 01 |
wastes from the leather and fur industry |
|
04 01 01 |
fleshings and lime split wastes |
|
04 01 02 |
liming waste |
|
04 01 03* |
degreasing wastes containing solvents without a liquid phase |
|
04 01 04 |
tanning liquor containing chromium |
|
04 01 05 |
tanning liquor free of chromium |
|
04 01 06 |
sludges, in particular from on-site effluent treatment containing chromium |
|
04 01 07 |
sludges, in particular from on-site effluent treatment free of chromium |
|
04 01 08 |
waste tanned leather (blue sheetings, shavings, cuttings, buffing dust) containing chromium |
|
04 01 09 |
wastes from dressing and finishing |
|
04 01 99 |
wastes not otherwise specified |
|
04 02 |
wastes from the textile industry |
|
04 02 09 |
wastes from composite materials (impregnated textile, elastomer, plastomer) |
|
04 02 10 |
organic matter from natural products (e.g. grease, wax) |
|
04 02 14* |
wastes from finishing containing organic solvents |
|
04 02 15 |
wastes from finishing other than those mentioned in 04 02 14 |
|
04 02 16* |
dyestuffs and pigments containing dangerous substances |
|
04 02 17 |
dyestuffs and pigments other than those mentioned in 04 02 16 |
|
04 02 19* |
sludges from on-site effluent treatment containing dangerous substances |
|
04 02 20 |
sludges from on-site effluent treatment other than those mentioned in 04 02 19 |
|
04 02 21 |
wastes from unprocessed textile fibres |
|
04 02 22 |
wastes from processed textile fibres |
|
04 02 99 |
wastes not otherwise specified |
|
05 |
WASTES FROM PETROLEUM REFINING, NATURAL GAS PURIFICATION AND PYROLYTIC TREATMENT OF COAL |
|
05 01 |
wastes from petroleum refining |
|
05 01 02* |
desalter sludges |
|
05 01 03* |
tank bottom sludges |
|
05 01 04* |
acid alkyl sludges |
|
05 01 05* |
oil spills |
|
05 01 06* |
oily sludges from maintenance operations of the plant or equipment |
|
05 01 07* |
acid tars |
|
05 01 08* |
other tars |
|
05 01 09* |
sludges from on-site effluent treatment containing dangerous substances |
|
05 01 10 |
sludges from on-site effluent treatment other than those mentioned in 05 01 09 |
|
05 01 11* |
wastes from cleaning of fuels with bases |
|
05 01 12* |
oil containing acids |
|
05 01 13 |
boiler feedwater sludges |
|
05 01 14 |
wastes from cooling columns |
|
05 01 15* |
spent filter clays |
|
05 01 16 |
sulphur-containing wastes from petroleum desulphurisation |
|
05 01 17 |
bitumen |
|
05 01 99 |
wastes not otherwise specified |
|
05 06 |
wastes from the pyrolytic treatment of coal |
|
05 06 01* |
acid tars |
|
05 06 03* |
other tars |
|
05 06 04 |
waste from cooling columns |
|
05 06 99 |
wastes not otherwise specified |
|
05 07 |
wastes from natural gas purification and transportation |
|
05 07 01* |
wastes containing mercury |
|
05 07 02 |
wastes containing sulphur |
|
05 07 99 |
wastes not otherwise specified |
|
06 |
WASTES FROM INORGANIC CHEMICAL PROCESSES |
|
06 01 |
wastes from the manufacture, formulation, supply and use (MFSU) of acids |
|
06 01 01* |
sulphuric acid and sulphurous acid |
|
06 01 02* |
hydrochloric acid |
|
06 01 03* |
hydrofluoric acid |
|
06 01 04* |
phosphoric and phosphorous acid |
|
06 01 05* |
nitric acid and nitrous acid |
|
06 01 06* |
other acids |
|
06 01 99 |
wastes not otherwise specified |
|
06 02 |
wastes from the MFSU of bases |
|
06 02 01* |
calcium hydroxide |
|
06 02 03* |
ammonium hydroxide |
|
06 02 04* |
sodium and potassium hydroxide |
|
06 02 05* |
other bases |
|
06 02 99 |
wastes not otherwise specified |
|
06 03 |
wastes from the MFSU of salts and their solutions and metallic oxides |
|
06 03 11* |
solid salts and solutions containing cyanides |
|
06 03 13* |
solid salts and solutions containing heavy metals |
|
06 03 14 |
solid salts and solutions other than those mentioned in 06 03 11 and 06 03 13 |
|
06 03 15* |
metallic oxides containing heavy metals |
|
06 03 16 |
metallic oxides other than those mentioned in 06 0315 |
|
06 03 99 |
wastes not otherwise specified |
|
06 04 |
metal-containing wastes other than those mentioned in 06 03 |
|
06 04 03* |
wastes containing arsenic |
|
06 04 04* |
wastes containing mercury |
|
06 04 05* |
wastes containing other heavy metals |
|
06 04 99 |
wastes not otherwise specified |
|
06 05 |
sludges from on-site effluent treatment |
|
06 05 02* |
sludges from on-site effluent treatment containing dangerous substances |
|
06 05 03 |
sludges from on-site effluent treatment other than those mentioned in 06 05 02 |
|
06 06 |
wastes from the MFSU of sulphur chemicals, sulphur chemical processes and desulphurisation processes |
|
06 06 02* |
wastes containing dangerous sulphides |
|
06 06 03 |
wastes containing sulphides other than those mentioned in 06 06 02 |
|
06 06 99 |
wastes not otherwise specified |
|
06 07 |
wastes from the MFSU of halogens and halogen chemical processes |
|
06 07 01* |
wastes containing asbestos from electrolysis |
|
06 07 02* |
activated carbon from chlorine production |
|
06 07 03* |
barium sulphate sludge containing mercury |
|
06 07 04* |
solutions and acids, e.g. contact acid |
|
06 07 99 |
wastes not otherwise specified |
|
06 08 |
wastes from the MFSU of silicon and silicon derivatives |
|
06 08 02* |
wastes containing dangerous chlorosilanes |
|
06 08 99 |
wastes not otherwise specified |
|
06 09 |
wastes from the MSFU of phosphorous chemicals and phosphorous chemical processes |
|
06 09 02 |
phosphorous slag |
|
06 09 03* |
calcium-based reaction wastes containing or contaminated with dangerous substances |
|
06 09 04 |
calcium-based reaction wastes other than those mentioned in 06 09 03 |
|
06 09 99 |
wastes not otherwise specified |
|
06 10 |
wastes from the MFSU of nitrogen chemicals, nitrogen chemical processes and fertiliser manufacture |
|
06 10 02* |
wastes containing dangerous substances |
|
06 10 99 |
wastes not otherwise specified |
|
06 11 |
wastes from the manufacture of inorganic pigments and opacificiers |
|
06 11 01 |
calcium-based reaction wastes from titanium dioxide production |
|
06 11 99 |
wastes not otherwise specified |
|
06 13 |
wastes from inorganic chemical processes not otherwise specified |
|
06 13 01* |
inorganic plant protection products, wood-preserving agents and other biocides. |
|
06 13 02* |
spent activated carbon (except 06 07 02) |
|
06 13 03 |
carbon black |
|
06 13 04* |
wastes from asbestos processing |
|
06 13 05* |
soot |
|
06 13 99 |
wastes not otherwise specified |
|
07 |
WASTES FROM ORGANIC CHEMICAL PROCESSES |
|
07 01 |
wastes from the manufacture, formulation, supply and use (MFSU) of basic organic chemicals |
|
07 01 01* |
aqueous washing liquids and mother liquors |
|
07 01 03* |
organic halogenated solvents, washing liquids and mother liquors |
|
07 01 04* |
other organic solvents, washing liquids and mother liquors |
|
07 01 07* |
halogenated still bottoms and reaction residues |
|
07 01 08* |
other still bottoms and reaction residues |
|
07 01 09* |
halogenated filter cakes and spent absorbents |
|
07 01 10* |
other filter cakes and spent absorbents |
|
07 01 11* |
sludges from on-site effluent treatment containing dangerous substances |
|
07 01 12 |
sludges from on-site effluent treatment other than those mentioned in 07 01 11 |
|
07 01 99 |
wastes not otherwise specified |
|
07 02 |
wastes from the MFSU of plastics, synthetic rubber and man-made fibres |
|
07 02 01* |
aqueous washing liquids and mother liquors |
|
07 02 03* |
organic halogenated solvents, washing liquids and mother liquors |
|
07 02 04* |
other organic solvents, washing liquids and mother liquors |
|
07 02 07* |
halogenated still bottoms and reaction residues |
|
07 02 08* |
other still bottoms and reaction residues |
|
07 02 09* |
halogenated filter cakes and spent absorbents |
|
07 02 10* |
other filter cakes and spent absorbents |
|
07 02 11* |
sludges from on-site effluent treatment containing dangerous substances |
|
07 02 12 |
sludges from on-site effluent treatment other than those mentioned in 07 02 11 |
|
07 02 13 |
waste plastic |
|
07 02 14* |
wastes from additives containing dangerous substances |
|
07 02 15 |
wastes from additives other than those mentioned in 07 0214 |
|
07 02 16* |
wastes containing dangerous silicones |
|
07 02 17 |
waste containing silicones other than those mentioned in 07 0216 |
|
07 02 99 |
wastes not otherwise specified |
|
07 03 |
wastes from the MFSU of organic dyes and pigments (except 0611) |
|
07 03 01* |
aqueous washing liquids and mother liquors |
|
07 03 03* |
organic halogenated solvents, washing liquids and mother liquors |
|
07 03 04* |
other organic solvents, washing liquids and mother liquors |
|
07 03 07* |
halogenated still bottoms and reaction residues |
|
07 03 08* |
other still bottoms and reaction residues |
|
07 03 09* |
halogenated filter cakes and spent absorbents |
|
07 03 10* |
other filter cakes and spent absorbents |
|
07 03 11* |
sludges from on-site effluent treatment containing dangerous substances |
|
07 03 12 |
sludges from on-site effluent treatment other than those mentioned in 07 03 11 |
|
07 03 99 |
wastes not otherwise specified |
|
07 04 |
wastes from the MFSU of organic plant protection products (except 02 01 08 and 02 01 09), wood preserving agents (except 03 02) and other biocides |
|
07 04 01* |
aqueous washing liquids and mother liquors |
|
07 04 03* |
organic halogenated solvents, washing liquids and mother liquors |
|
07 04 04* |
other organic solvents, washing liquids and mother liquors |
|
07 04 07* |
halogenated still bottoms and reaction residues |
|
07 04 08* |
other still bottoms and reaction residues |
|
07 04 09* |
halogenated filter cakes and spent absorbents |
|
07 04 10* |
other filter cakes and spent absorbents |
|
07 04 11* |
sludges from on-site effluent treatment containing dangerous substances |
|
07 04 12 |
sludges from on-site effluent treatment other than those mentioned in 07 0411 |
|
07 04 13* |
solid wastes containing dangerous substances |
|
07 04 99 |
wastes not otherwise specified |
|
07 05 |
wastes from the MFSU of pharmaceuticals |
|
07 05 01* |
aqueous washing liquids and mother liquors |
|
07 05 03* |
organic halogenated solvents, washing liquids and mother liquors |
|
07 05 04* |
other organic solvents, washing liquids and mother liquors |
|
07 05 07* |
halogenated still bottoms and reaction residues |
|
07 05 08* |
other still bottoms and reaction residues |
|
07 05 09* |
halogenated filter cakes and spent absorbents |
|
07 05 10* |
other filter cakes and spent absorbents |
|
07 05 11* |
sludges from on-site effluent treatment containing dangerous substances |
|
07 05 12 |
sludges from on-site effluent treatment other than those mentioned in 07 05 11 |
|
07 05 13* |
solid wastes containing dangerous substances |
|
07 05 14 |
solid wastes other than those mentioned in 07 05 13 |
|
07 05 99 |
wastes not otherwise specified |
|
07 06 |
wastes from the MFSU of fats, grease, soaps, detergents, disinfectants and cosmetics |
|
07 06 01* |
aqueous washing liquids and mother liquors |
|
07 06 03* |
organic halogenated solvents, washing liquids and mother liquors |
|
07 06 04* |
other organic solvents, washing liquids and mother liquors |
|
07 06 07* |
halogenated still bottoms and reaction residues |
|
07 06 08* |
other still bottoms and reaction residues |
|
07 06 09* |
halogenated filter cakes and spent absorbents |
|
07 06 10* |
other filter cakes and spent absorbents |
|
07 06 11* |
sludges from on-site effluent treatment containing dangerous substances |
|
07 06 12 |
sludges from on-site effluent treatment other than those mentioned in 07 06 11 |
|
07 06 99 |
wastes not otherwise specified |
|
07 07 |
wastes from the MFSU of fine chemicals and chemical products not otherwise specified |
|
07 07 01* |
aqueous washing liquids and mother liquors |
|
07 07 03* |
organic halogenated solvents, washing liquids and mother liquors |
|
07 07 04* |
other organic solvents, washing liquids and mother liquors |
|
07 07 07* |
halogenated still bottoms and reaction residues |
|
07 07 08* |
other still bottoms and reaction residues |
|
07 07 09* |
halogenated filter cakes and spent absorbents |
|
07 07 10* |
other filter cakes and spent absorbents |
|
07 07 11* |
sludges from on-site effluent treatment containing dangerous substances |
|
07 07 12 |
sludges from on-site effluent treatment other than those mentioned in 07 07 11 |
|
07 07 99 |
wastes not otherwise specified |
|
08 |
WASTES FROM THE MANUFACTURE, FORMULATION, SUPPLY AND USE (MFSU) OF COATINGS (PAINTS, VARNISHES AND VITREOUS ENAMELS), ADHESIVES, SEALANTS AND PRINTING INKS |
|
08 01 |
wastes from MFSU and removal of paint and varnish |
|
08 01 11* |
waste paint and varnish containing organic solvents or other dangerous substances |
|
08 01 12 |
waste paint and varnish other than those mentioned in 08 01 11 |
|
08 01 13* |
sludges from paint or varnish containing organic solvents or other dangerous substances |
|
08 01 14 |
sludges from paint or varnish other than those mentioned in 08 01 13 |
|
08 01 15* |
aqueous sludges containing paint or varnish containing organic solvents or other dangerous substances |
|
08 01 16 |
aqueous sludges containing paint or varnish other than those mentioned in 08 01 15 |
|
08 01 17* |
wastes from paint or varnish removal containing organic solvents or other dangerous substances |
|
08 01 18 |
wastes from paint or varnish removal other than those mentioned in 08 01 17 |
|
08 01 19* |
aqueous suspensions containing paint or varnish containing organic solvents or other dangerous substances |
|
08 01 20 |
aqueous suspensions containing paint or varnish other than those mentioned in 08 01 19 |
|
08 01 21* |
waste paint or varnish remover |
|
08 01 99 |
wastes not otherwise specified |
|
08 02 |
wastes from MFSU of other coatings (including ceramic materials) |
|
08 02 01 |
waste coating powders |
|
08 02 02 |
aqueous sludges containing ceramic materials |
|
08 02 03 |
aqueous suspensions containing ceramic materials |
|
08 02 99 |
wastes not otherwise specified |
|
08 03 |
wastes from MFSU of printing inks |
|
08 03 07 |
aqueous sludges containing ink |
|
08 03 08 |
aqueous liquid waste containing ink |
|
08 03 12* |
waste ink containing dangerous substances |
|
08 03 13 |
waste ink other than those mentioned in 08 03 12 |
|
08 03 14* |
ink sludges containing dangerous substances |
|
08 03 15 |
ink sludges other than those mentioned in 08 03 14 |
|
08 03 16* |
waste etching solutions |
|
08 03 17* |
waste printing toner containing dangerous substances |
|
08 03 18 |
waste printing toner other than those mentioned in 08 03 17 |
|
08 03 19* |
disperse oil |
|
08 03 99 |
wastes not otherwise specified |
|
08 04 |
wastes from MFSU of adhesives and sealants (including waterproofing products) |
|
08 04 09* |
waste adhesives and sealants containing organic solvents or other dangerous substances |
|
08 04 10 |
waste adhesives and sealants other than those mentioned in 08 04 09 |
|
08 04 11* |
adhesive and sealant sludges containing organic solvents or other dangerous substances |
|
08 04 12 |
adhesive and sealant sludges other than those mentioned in 08 04 11 |
|
08 04 13* |
aqueous sludges containing adhesives or sealants containing organic solvents or other dangerous substances |
|
08 04 14 |
aqueous sludges containing adhesives or sealants other than those mentioned in 08 04 13 |
|
08 04 15* |
aqueous liquid waste containing adhesives or sealants containing organic solvents or other dangerous substances |
|
08 04 16 |
aqueous liquid waste containing adhesives or sealants other than those mentioned in 08 04 15 |
|
08 04 17* |
rosin oil |
|
08 04 99 |
wastes not otherwise specified |
|
08 05 |
wastes not otherwise specified in 08 |
|
08 05 01* |
waste isocyanates |
|
09 |
WASTES FROM THE PHOTOGRAPHIC INDUSTRY |
|
09 01 |
wastes from the photographic industry |
|
09 01 01* |
water-based developer and activator solutions |
|
09 01 02* |
water-based offset plate developer solutions |
|
09 01 03* |
solvent-based developer solutions |
|
09 01 04* |
fixer solutions |
|
09 01 05* |
bleach solutions and bleach fixer solutions |
|
09 01 06* |
wastes containing silver from on-site treatment of photographic wastes |
|
09 01 07 |
photographic film and paper containing silver or silver compounds |
|
09 01 08 |
photographic film and paper free of silver or silver compounds |
|
09 01 10 |
single-use cameras without batteries |
|
09 01 11* |
single-use cameras containing batteries included in 16 06 01, 16 06 02 or 16 06 03 |
|
09 01 12 |
single-use cameras containing batteries other than those mentioned in 09 01 11 |
|
09 01 13* |
aqueous liquid waste from on-site reclamation of silver other than those mentioned in 09 01 06 |
|
09 01 99 |
wastes not otherwise specified |
|
10 |
WASTES FROM THERMAL PROCESSES |
|
10 01 |
wastes from power stations and other combustion plants (except 19) |
|
10 01 01 |
bottom ash, slag and boiler dust (excluding boiler dust mentioned in 10 01 04) |
|
10 01 02 |
coal fly ash |
|
10 01 03 |
fly ash from peat and untreated wood |
|
10 01 04* |
oil fly ash and boiler dust |
|
10 01 05 |
calcium-based reaction wastes from flue-gas desulphurisation in solid form |
|
10 01 07 |
calcium-based reaction wastes from flue-gas desulphurisation in sludge form |
|
10 01 09* |
sulphuric acid |
|
10 01 13* |
fly ash from emulsified hydrocarbons used as fuel |
|
10 01 14* |
bottom ash, slag and boiler dust from co-incineration containing dangerous substances |
|
10 01 15 |
bottom ash, slag and boiler dust from co-incineration other than those mentioned in 10 01 14 |
|
10 01 16* |
fly ash from co-incineration containing dangerous substances |
|
10 01 17 |
fly ash from co-incineration other than those mentioned in 10 01 16 |
|
10 01 18* |
wastes from gas cleaning containing dangerous substances |
|
10 01 19 |
wastes from gas cleaning other than those mentioned in 10 01 05, 10 01 07 and 10 01 18 |
|
10 01 20* |
sludges from on-site effluent treatment containing dangerous substances |
|
10 01 21 |
sludges from on-site effluent treatment other than those mentioned in 10 01 20 |
|
10 01 22* |
aqueous sludges from boiler cleansing containing dangerous substances |
|
10 01 23 |
aqueous sludges from boiler cleansing other than those mentioned in 10 01 22 |
|
10 01 24 |
sands from fluidised beds |
|
10 01 25 |
wastes from fuel storage and preparation of coal-fired power plants |
|
10 01 26 |
wastes from cooling-water treatment |
|
10 01 99 |
wastes not otherwise specified |
|
10 02 |
wastes from the iron and steel industry |
|
10 02 01 |
wastes from the processing of slag |
|
10 02 02 |
unprocessed slag |
|
10 02 07* |
solid wastes from gas treatment containing dangerous substances |
|
10 02 08 |
solid wastes from gas treatment other than those mentioned in 10 02 07 |
|
10 02 10 |
mill scales |
|
10 02 11* |
wastes from cooling-water treatment containing oil |
|
10 02 12 |
wastes from cooling-water treatment other than those mentioned in 10 02 11 |
|
10 02 13* |
sludges and filter cakes from gas treatment containing dangerous substances |
|
10 02 14 |
sludges and filter cakes from gas treatment other than those mentioned in 10 02 13 |
|
10 02 15 |
other sludges and filter cakes |
|
10 02 99 |
wastes not otherwise specified |
|
10 03 |
wastes from aluminium thermal metallurgy |
|
10 03 02 |
anode scraps |
|
10 03 04* |
primary production slags |
|
10 03 05 |
waste alumina |
|
10 03 08* |
salt slags from secondary production |
|
10 03 09* |
black drosses from secondary production |
|
10 03 15* |
skimmings that are flammable or emit, upon contact with water, flammable gases in dangerous quantities |
|
10 03 16 |
skimmings other than those mentioned in 10 03 15 |
|
10 03 17* |
tar-containing wastes from anode manufacture |
|
10 03 18 |
carbon-containing wastes from anode manufacture other than those mentioned in 10 03 17 |
|
10 03 19* |
flue-gas dust containing dangerous substances |
|
10 03 20 |
flue-gas dust other than those mentioned in 10 03 19 |
|
10 03 21* |
other particulates and dust (including ball-mill dust) containing dangerous substances |
|
10 03 22 |
other particulates and dust (including ball-mill dust) other than those mentioned in 10 03 21 |
|
10 03 23* |
solid wastes from gas treatment containing dangerous substances |
|
10 03 24 |
solid wastes from gas treatment other than those mentioned in 10 03 23 |
|
10 03 25* |
sludges and filter cakes from gas treatment containing dangerous substances |
|
10 03 26 |
sludges and filter cakes from gas treatment other than those mentioned in 10 03 25 |
|
10 03 27* |
wastes from cooling-water treatment containing oil |
|
10 03 28 |
wastes from cooling-water treatment other than those mentioned in 10 03 27 |
|
10 03 29* |
wastes from treatment of salt slags and black drosses containing dangerous substances |
|
10 03 30 |
wastes from treatment of salt slags and black drosses other than those mentioned in 10 03 29 |
|
10 03 99 |
wastes not otherwise specified |
|
10 04 |
wastes from lead thermal metallurgy |
|
10 04 01 * |
slags from primary and secondary production |
|
10 04 02* |
dross and skimmings from primary and secondary production |
|
10 04 03* |
calcium arsenate |
|
10 04 04* |
flue-gas dust |
|
10 04 05* |
other particulates and dust |
|
10 04 06* |
solid wastes from gas treatment |
|
10 04 07* |
sludges and filter cakes from gas treatment |
|
10 04 09* |
wastes from cooling-water treatment containing oil |
|
10 04 10 |
wastes from cooling-water treatment other than those mentioned in 10 04 09 |
|
10 04 99 |
wastes not otherwise specified |
|
10 05 |
wastes from zinc thermal metallurgy |
|
10 05 01 |
slags from primary and secondary production |
|
10 05 03* |
flue-gas dust |
|
10 05 04 |
other particulates and dust |
|
10 05 05* |
solid waste from gas treatment |
|
10 05 06* |
sludges and filter cakes from gas treatment |
|
10 05 08* |
wastes from cooling-water treatment containing oil |
|
10 05 09 |
wastes from cooling-water treatment other than those mentioned in 10 05 08 |
|
10 05 10* |
dross and skimmings that are flammable or emit, upon contact with water, flammable gases in dangerous quantities |
|
10 05 11 |
dross and skimmings other than those mentioned in 10 05 10 |
|
10 05 99 |
wastes not otherwise specified |
|
10 06 |
wastes from copper thermal metallurgy |
|
10 06 01 |
slags from primary and secondary production |
|
10 06 02 |
dross and skimmings from primary and secondary production |
|
10 06 03* |
flue-gas dust |
|
10 06 04 |
other particulates and dust |
|
10 06 06* |
solid wastes from gas treatment |
|
10 06 07* |
sludges and filter cakes from gas treatment |
|
10 06 09* |
wastes from cooling-water treatment containing oil |
|
10 06 10 |
wastes from cooling-water treatment other than those mentioned in 10 06 09 |
|
10 06 99 |
wastes not otherwise specified |
|
10 07 |
wastes from silver, gold and platinum thermal metallurgy |
|
10 07 01 |
slags from primary and secondary production |
|
10 07 02 |
dross and skimmings from primary and secondary production |
|
10 07 03 |
solid wastes from gas treatment |
|
10 07 04 |
other particulates and dust |
|
10 07 05 |
sludges and filter cakes from gas treatment |
|
10 07 07* |
wastes from cooling-water treatment containing oil |
|
10 07 08 |
wastes from cooling-water treatment other than those mentioned in 10 07 07 |
|
10 07 99 |
wastes not otherwise specified |
|
10 08 |
wastes from other non-ferrous thermal metallurgy |
|
10 08 04 |
particulates and dust |
|
10 08 08* |
salt slag from primary and secondary production |
|
10 08 09 |
other slags |
|
10 08 10* |
dross and skimmings that are flammable or emit, upon contact with water, flammable gases in dangerous quantities |
|
10 08 11 |
dross and skimmings other than those mentioned in 10 08 10 |
|
10 08 12* |
tar-containing wastes from anode manufacture |
|
10 08 13 |
carbon-containing wastes from anode manufacture other than those mentioned in 10 08 12 |
|
10 08 14 |
anode scrap |
|
10 08 15* |
flue-gas dust containing dangerous substances |
|
10 08 16 |
flue-gas dust other than those mentioned in 10 08 15 |
|
10 08 17* |
sludges and filter cakes from flue-gas treatment containing dangerous substances |
|
10 08 18 |
sludges and filter cakes from flue-gas treatment other than those mentioned in 10 08 17 |
|
10 08 19* |
wastes from cooling-water treatment containing oil |
|
10 08 20 |
wastes from cooling-water treatment other than those mentioned in 10 08 19 |
|
10 08 99 |
wastes not otherwise specified |
|
10 09 |
wastes from casting of ferrous pieces |
|
10 09 03 |
furnace slag |
|
10 09 05* |
casting cores and moulds which have not undergone pouring containing dangerous substances |
|
10 09 06 |
casting cores and moulds which have not undergone pouring other than those mentioned in 10 09 05 |
|
10 09 07* |
casting cores and moulds which have undergone pouring containing dangerous substances |
|
10 09 08 |
casting cores and moulds which have undergone pouring other than those mentioned in 10 09 07 |
|
10 09 09* |
flue-gas dust containing dangerous substances |
|
10 09 10 |
flue-gas dust other than those mentioned in 10 09 09 |
|
10 09 11* |
other particulates containing dangerous substances |
|
10 09 12 |
other particulates other than those mentioned in 10 09 11 |
|
10 09 13* |
waste binders containing dangerous substances |
|
10 09 14 |
waste binders other than those mentioned in 10 09 13 |
|
10 09 15* |
waste crack indicating agent containing dangerous substances |
|
10 09 16 |
waste crack indicating agent other than those mentioned in 10 09 15 |
|
10 09 99 |
wastes not otherwise specified |
|
10 10 |
wastes from casting of non-ferrous pieces |
|
10 10 03 |
furnace slag |
|
10 10 05* |
casting cores and moulds which have not undergone pouring containing dangerous substances |
|
10 10 06 |
casting cores and moulds which have not undergone pouring other than those mentioned in 10 10 05 |
|
10 10 07* |
casting cores and moulds which have undergone pouring containing dangerous substances |
|
10 10 08 |
casting cores and moulds which have undergone pouring other than those mentioned in 10 10 07 |
|
10 10 09* |
flue-gas dust containing dangerous substances |
|
10 10 10 |
flue-gas dust other than those mentioned in 10 10 09 |
|
10 10 11* |
other particulates containing dangerous substances |
|
10 10 12 |
other particulates other than those mentioned in 10 10 11 |
|
10 10 13* |
waste binders containing dangerous substances |
|
10 10 14 |
waste binders other than those mentioned in 10 10 13 |
|
10 10 15* |
waste crack indicating agent containing dangerous substances |
|
10 10 16 |
waste crack indicating agent other than those mentioned in 10 10 15 |
|
10 10 99 |
wastes not otherwise specified |
|
10 11 |
wastes from manufacture of glass and glass products |
|
10 11 03 |
waste glass-based fibrous materials |
|
10 11 05 |
particulates and dust |
|
10 11 09* |
waste preparation mixture before thermal processing containing dangerous substances |
|
10 11 10 |
waste preparation mixture before thermal processing other than those mentioned in 10 11 09 |
|
10 11 11* |
waste glass in small particles and glass powder containing heavy metals (e.g. from cathode ray tubes) |
|
10 11 12 |
waste glass other than those mentioned in 10 11 11 |
|
10 11 13* |
glass-polishing and -grinding sludge containing dangerous substances |
|
10 11 14 |
glass-polishing and -grinding sludge other than those mentioned in 10 11 13 |
|
10 11 15* |
solid wastes from flue-gas treatment containing dangerous substances |
|
10 11 16 |
solid wastes from flue-gas treatment other than those mentioned in 10 11 15 |
|
10 11 17* |
sludges and filter cakes from flue-gas treatment containing dangerous substances |
|
10 11 18 |
sludges and filter cakes from flue-gas treatment other than those mentioned in 10 11 17 |
|
10 11 19* |
solid wastes from on-site effluent treatment containing dangerous substances |
|
10 11 20 |
solid wastes from on-site effluent treatment other than those mentioned in 10 11 19 |
|
10 11 99 |
wastes not otherwise specified |
|
10 12 |
wastes from manufacture of ceramic goods, bricks, tiles and construction products |
|
10 12 01 |
waste preparation mixture before thermal processing |
|
10 12 03 |
particulates and dust |
|
10 12 05 |
sludges and filter cakes from gas treatment |
|
10 12 06 |
discarded molds |
|
10 12 08 |
waste ceramics, bricks, tiles and construction products (after thermal processing) |
|
10 12 09* |
solid wastes from gas treatment containing dangerous substances |
|
10 12 10 |
solid wastes from gas treatment other than those mentioned in 10 12 09 |
|
10 12 11* |
wastes from glazing containing heavy metals |
|
10 12 12 |
wastes from glazing other than those mentioned in 10 12 11 |
|
10 12 13 |
sludge from on-site effluent treatment |
|
10 12 99 |
wastes not otherwise specified |
|
10 13 |
wastes from manufacture of cement, lime and plaster and articles and products made from them |
|
10 13 01 |
waste preparation mixture before thermal processing |
|
10 13 04 |
wastes from calcination and hydration of lime |
|
10 13 06 |
particulates and dust (except 10 13 12 and 10 13 13) |
|
10 13 07 |
sludges and filter cakes from gas treatment |
|
10 13 09* |
wastes from asbestos-cement manufacture containing asbestos |
|
10 13 10 |
wastes from asbestos-cement manufacture other than those mentioned in 10 13 09 |
|
10 13 11 |
wastes from cement-based composite materials other than those mentioned in 10 13 09 and 10 13 10 |
|
10 13 12* |
solid wastes from gas treatment containing dangerous substances |
|
10 13 13 |
solid wastes from gas treatment other than those mentioned in 10 13 12 |
|
10 13 14 |
waste concrete and concrete sludge |
|
10 13 99 |
wastes not otherwise specified |
|
10 14 |
waste from crematoria |
|
10 14 01* |
waste from gas cleaning containing mercury |
|
11 |
WASTES FROM CHEMICAL SURFACE TREATMENT AND COATING OF METALS AND OTHER MATERIALS; NON-FERROUS HYDRO-METALLURGY |
|
11 01 |
wastes from chemical surface treatment and coating of metals and other materials (e.g. galvanic processes, zinc coating processes, pickling processes, etching, phosphatising, alkaline degreasing, anodising) |
|
11 01 05* |
pickling acids |
|
11 01 06* |
acids not otherwise specified |
|
11 01 07* |
pickling bases |
|
11 01 08* |
phosphatising sludges |
|
11 01 09* |
sludges and filter cakes containing dangerous substances |
|
11 01 10 |
sludges and filter cakes other than those mentioned in 11 01 09 |
|
11 01 11* |
aqueous rinsing liquids containing dangerous substances |
|
11 01 12 |
aqueous rinsing liquids other than those mentioned in 11 01 11 |
|
11 01 13* |
degreasing wastes containing dangerous substances |
|
11 01 14 |
degreasing wastes other than those mentioned in 11 01 13 |
|
11 01 15* |
eluate and sludges from membrane systems or ion exchange systems containing dangerous substances |
|
11 01 16* |
saturated or spent ion exchange resins |
|
11 01 98* |
other wastes containing dangerous substances |
|
11 01 99 |
wastes not otherwise specified |
|
11 02 |
wastes from non-ferrous hydrometallurgical processes |
|
11 02 02* |
sludges from zinc hydrometallurgy (incl. Jarosite, goethite) |
|
11 02 03 |
wastes from the production of anodes for aqueous electrolytical processes |
|
11 02 05* |
wastes from copper hydrometallurgical processes containing dangerous substances |
|
11 02 06 |
wastes from copper hydrometallurgical processes other than those mentioned in 11 02 05 |
|
11 02 07* |
other wastes containing dangerous substances |
|
11 02 99 |
wastes not otherwise specified |
|
11 03 |
sludges and solids from tempering processes |
|
11 03 01* |
wastes containing cyanide |
|
11 03 02* |
other wastes |
|
11 05 |
wastes from hot galvanising processes |
|
11 05 01 |
hard zinc |
|
11 05 02 |
zinc ash |
|
11 05 03* |
solid wastes from gas treatment |
|
11 05 04* |
spent flux |
|
11 05 99 |
wastes not otherwise specified |
|
12 |
WASTES FROM SHAPING AND PHYSICAL AND MECHANICAL SURFACE TREATMENT OF METALS AND PLASTICS |
|
12 01 |
wastes from shaping and physical and mechanical surface treatment of metals and plastics |
|
12 01 01 |
ferrous metal filings and turnings |
|
12 01 02 |
ferrous metal dust and particles |
|
12 01 03 |
non-ferrous metal filings and turnings |
|
12 01 04 |
non-ferrous metal dust and particles |
|
12 01 05 |
plastics shavings and turnings |
|
12 01 06* |
mineral-based machining oils containing halogens (except emulsions and solutions) |
|
12 01 07* |
mineral-based machining oils free of halogens (except emulsions and solutions) |
|
12 01 08* |
machining emulsions and solutions containing halogens |
|
12 01 09* |
machining emulsions and solutions free of halogens |
|
12 01 10* |
synthetic machining oils |
|
12 01 12* |
spent waxes and fats |
|
12 01 13 |
welding wastes |
|
12 01 14* |
machining sludges containing dangerous substances |
|
12 01 15 |
machining sludges other than those mentioned in 12 01 14 |
|
12 01 16* |
waste blasting material containing dangerous substances |
|
12 01 17 |
waste blasting material other than those mentioned in 12 01 16 |
|
12 01 18* |
metal sludge (grinding, honing and lapping sludge) containing oil |
|
12 01 19* |
readily biodegradable machining oil |
|
12 01 20* |
spent grinding bodies and grinding materials containing dangerous substances |
|
12 01 21 |
spent grinding bodies and grinding materials other than those mentioned in 12 01 20 |
|
12 01 99 |
wastes not otherwise specified |
|
12 03 |
wastes from water and steam degreasing processes (except 11) |
|
12 03 01* |
aqueous washing liquids |
|
12 03 02* |
steam degreasing wastes |
|
13 |
OIL WASTES AND WASTES OF LIQUID FUELS (except edible oils, and those in chapters 05, 12 and 19) |
|
13 01 |
waste hydraulic oils |
|
13 01 01* |
hydraulic oils, containing PCBs (19) |
|
13 01 04* |
chlorinated emulsions |
|
13 01 05* |
non-chlorinated emulsions |
|
13 01 09* |
mineral-based chlorinated hydraulic oils |
|
13 01 10* |
mineral based non-chlorinated hydraulic oils |
|
13 01 11* |
synthetic hydraulic oils |
|
13 01 12* |
readily biodegradable hydraulic oils |
|
13 01 13* |
other hydraulic oils |
|
13 02 |
waste engine, gear and lubricating oils |
|
13 02 04* |
mineral-based chlorinated engine, gear and lubricating oils |
|
13 02 05* |
mineral-based non-chlorinated engine, gear and lubricating oils |
|
13 02 06* |
synthetic engine, gear and lubricating oils |
|
13 02 07* |
readily biodegradable engine, gear and lubricating oils |
|
13 02 08* |
other engine, gear and lubricating oils |
|
13 03 |
waste insulating and heat transmission oils |
|
13 03 01* |
insulating or heat transmission oils containing PCBs |
|
13 03 06* |
mineral-based chlorinated insulating and heat transmission oils other than those mentioned in 13 03 01 |
|
13 03 07* |
mineral-based non-chlorinated insulating and heat transmission oils |
|
13 03 08* |
synthetic insulating and heat transmission oils |
|
13 03 09* |
readily biodegradable insulating and heat transmission oils |
|
13 03 10* |
other insulating and heat transmission oils |
|
13 04 |
bilge oils |
|
13 04 01* |
bilge oils from inland navigation |
|
13 04 02* |
bilge oils from jetty sewers |
|
13 04 03* |
bilge oils from other navigation |
|
13 05 |
oil/water separator contents |
|
13 05 01* |
solids from grit chambers and oil/water separators |
|
13 05 02* |
sludges from oil/water separators |
|
13 05 03* |
interceptor sludges |
|
13 05 06* |
oil from oil/water separators |
|
13 05 07* |
oily water from oil/water separators |
|
13 05 08* |
mixtures of wastes from grit chambers and oil/water separators |
|
13 07 |
wastes of liquid fuels |
|
13 07 01* |
fuel oil and diesel |
|
13 07 02* |
petrol |
|
13 07 03* |
other fuels (including mixtures) |
|
13 08 |
oil wastes not otherwise specified |
|
13 08 01* |
desalter sludges or emulsions |
|
13 08 02* |
other emulsions |
|
13 08 99* |
wastes not otherwise specified |
|
14 |
WASTE ORGANIC SOLVENTS, REFRIGERANTS AND PROPELLANTS (except 07 and 08) |
|
14 06 |
waste organic solvents, refrigerants and foam/aerosol propellants |
|
14 06 01* |
chlorofluorocarbons, HCFC, HFC |
|
14 06 02* |
other halogenated solvents and solvent mixtures |
|
14 06 03* |
other solvents and solvent mixtures |
|
14 06 04* |
sludges or solid wastes containing halogenated solvents |
|
14 06 05* |
sludges or solid wastes containing other solvents |
|
15 |
WASTE PACKAGING; ABSORBENTS, WIPING CLOTHS, FILTER MATERIALS AND PROTEC TIVE CLOTHING NOT OTHERWISE SPECIFIED |
|
15 01 |
packaging (including separately collected municipal packaging waste) |
|
15 01 01 |
paper and cardboard packaging |
|
15 01 02 |
plastic packaging |
|
15 01 03 |
wooden packaging |
|
15 01 04 |
metallic packaging |
|
15 01 05 |
composite packaging |
|
15 01 06 |
mixed packaging |
|
15 01 07 |
glass packaging |
|
15 01 09 |
textile packaging |
|
15 01 10* |
packaging containing residues of or contaminated by dangerous substances |
|
15 01 11* |
metallic packaging containing a dangerous solid porous matrix (e.g. asbestos), including empty pressure containers |
|
15 02 |
absorbents, filter materials, wiping cloths and protective clothing |
|
15 02 02* |
absorbents, filter materials (including oil filters not otherwise specified), wiping cloths, protective clothing contaminated by dangerous substances |
|
15 02 03 |
absorbents, filter materials, wiping cloths and protective clothing other than those mentioned in 15 02 02 |
|
16 |
WASTES NOT OTHERWISE SPECIFIED IN THE LIST |
|
16 01 |
end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08) |
|
16 01 03 |
end-of-life tyres |
|
16 01 04* |
end-of-life vehicles |
|
16 01 06 |
end-of-life vehicles, containing neither liquids nor other hazardous components |
|
16 01 07* |
oil filters |
|
16 01 08* |
components containing mercury |
|
16 01 09* |
components containing PCBs |
|
16 01 10* |
explosive components (e.g. air bags) |
|
16 01 11* |
brake pads containing asbestos |
|
16 01 12 |
brake pads other than those mentioned in 16 01 11 |
|
16 01 13* |
brake fluids |
|
16 01 14* |
antifreeze fluids containing dangerous substances |
|
16 01 15 |
antifreeze fluids other than those mentioned in 16 01 14 |
|
16 01 16 |
tanks for liquefied gas |
|
16 01 17 |
ferrous metal |
|
16 01 18 |
non-ferrous metal |
|
16 01 19 |
plastic |
|
16 01 20 |
glass |
|
16 01 21* |
hazardous components other than those mentioned in 16 01 07 to 16 01 11 and 16 01 13 and 16 01 14 |
|
16 01 22 |
components not otherwise specified |
|
16 01 99 |
wastes not otherwise specified |
|
16 02 |
wastes from electrical and electronic equipment |
|
16 02 09* |
transformers and capacitors containing PCBs |
|
16 02 10* |
discarded equipment containing or contaminated by PCBs other than those mentioned in 16 02 09 |
|
16 02 11* |
discarded equipment containing chlorofluorocarbons, HCFC, HFC |
|
16 02 12* |
discarded equipment containing free asbestos |
|
16 02 13* |
discarded equipment containing hazardous components (20) other than those mentioned in 16 02 09 to 16 02 12 |
|
16 02 14 |
discarded equipment other than those mentioned in 16 02 09 to 16 02 13 |
|
16 02 15* |
hazardous components removed from discarded equipment |
|
16 02 16 |
components removed from discarded equipment other than those mentioned in 16 02 15 |
|
16 03 |
off-specification batches and unused products |
|
16 03 03* |
inorganic wastes containing dangerous substances |
|
16 03 04 |
inorganic wastes other than those mentioned in 16 03 03 |
|
16 03 05* |
organic wastes containing dangerous substances |
|
16 03 06 |
organic wastes other than those mentioned in 16 03 05 |
|
16 04 |
waste explosives |
|
16 04 01* |
waste ammunition |
|
16 04 02* |
fireworks wastes |
|
16 04 03* |
other waste explosives |
|
16 05 |
gases in pressure containers and discarded chemicals |
|
16 05 04* |
gases in pressure containers (including halons) containing dangerous substances |
|
16 05 05 |
gases in pressure containers other than those mentioned in 16 05 04 |
|
16 05 06* |
laboratory chemicals consisting of or containing dangerous substances including mixtures of laboratory chemicals |
|
16 05 07* |
discarded inorganic chemicals consisting of or containing dangerous substances |
|
16 05 08* |
discarded organic chemicals consisting of or containing dangerous substances |
|
16 05 09 |
discarded chemicals other than those mentioned in 16 05 06, 16 05 07 or 16 05 08 |
|
16 06 |
batteries and accumulators |
|
16 06 01* |
lead batteries |
|
16 06 02* |
Ni-Cd batteries |
|
16 06 03* |
mercury-containing batteries |
|
16 06 04 |
alkaline batteries (except 16 06 03) |
|
16 06 05 |
other batteries and accumulators |
|
16 06 06* |
separately collected electrolyte from batteries and accumulators |
|
16 07 |
wastes from transport tank, storage tank and barrel cleaning (except 05 and 13) |
|
16 07 08* |
wastes containing oil |
|
16 07 09* |
wastes containing other dangerous substances |
|
16 07 99 |
wastes not otherwise specified |
|
16 08 |
spent catalysts |
|
16 08 01 |
spent catalysts containing gold, silver, rhenium, rhodium, palladium, iridium or platinum (except 16 08 07) |
|
16 08 02* |
spent catalysts containing dangerous transition metals (21) or dangerous transition metal compounds |
|
16 08 03 |
spent catalysts containing transition metals or transition metal compounds not otherwise specified |
|
16 08 04 |
spent fluid catalytic cracking catalysts (except 16 08 07) |
|
16 08 05* |
spent catalysts containing phosphoric acid |
|
16 08 06* |
spent liquids used as catalysts |
|
16 08 07* |
spent catalysts contaminated with dangerous substances |
|
16 09 |
oxidising substances |
|
16 09 01* |
permanganates, e.g. potassium permanganate |
|
16 09 02* |
chromates, e.g. potassium chromate, potassium or sodium dichromate |
|
16 09 03* |
peroxides, e.g. hydrogen peroxide |
|
16 09 04* |
oxidising substances, not otherwise specified |
|
16 10 |
aqueous liquid wastes destined for off-site treatment |
|
16 10 01* |
aqueous liquid wastes containing dangerous substances |
|
16 10 02 |
aqueous liquid wastes other than those mentioned in 16 10 01 |
|
16 10 03* |
aqueous concentrates containing dangerous substances |
|
16 10 04 |
aqueous concentrates other than those mentioned in 16 10 03 |
|
16 11 |
waste linings and refractories |
|
16 11 01* |
carbon-based linings and refractories from metallurgical processes containing dangerous substances |
|
16 11 02 |
carbon-based linings and refractories from metallurgical processes others than those mentioned in 16 11 01 |
|
16 11 03* |
other linings and refractories from metallurgical processes containing dangerous substances |
|
16 11 04 |
other linings and refractories from metallurgical processes other than those mentioned in 16 11 03 |
|
16 11 05* |
linings and refractories from non-metallurgical processes containing dangerous substances |
|
16 11 06 |
linings and refractories from non-metallurgical processes others than those mentioned in 16 11 05 |
|
17 |
CONSTRUCTION AND DEMOLITION WASTES (INCLUDING EXCAVATED SOIL FROM CONTAMINATED SITES) |
|
17 01 |
concrete, bricks, tiles and ceramics |
|
17 01 01 |
concrete |
|
17 01 02 |
bricks |
|
17 01 03 |
tiles and ceramics |
|
17 01 06* |
mixtures of, or separate fractions of concrete, bricks, tiles and ceramics containing dangerous substances |
|
17 01 07 |
mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06 |
|
17 02 |
wood, glass and plastic |
|
17 02 01 |
wood |
|
17 02 02 |
glass |
|
17 02 03 |
plastic |
|
17 02 04* |
glass, plastic and wood containing or contaminated with dangerous substances |
|
17 03 |
bituminous mixtures, coal tar and tarred products |
|
17 03 01* |
bituminous mixtures containing coal tar |
|
17 03 02 |
bituminous mixtures other than those mentioned in 17 03 01 |
|
17 03 03* |
coal tar and tarred products |
|
17 04 |
metals (including their alloys) |
|
17 04 01 |
copper, bronze, brass |
|
17 04 02 |
aluminium |
|
17 04 03 |
lead |
|
17 04 04 |
zinc |
|
17 04 05 |
iron and steel |
|
17 04 06 |
tin |
|
17 04 07 |
mixed metals |
|
17 04 09* |
metal waste contaminated with dangerous substances |
|
17 04 10* |
cables containing oil, coal tar and other dangerous substances |
|
17 04 11 |
cables other than those mentioned in 17 04 10 |
|
17 05 |
soil (including excavated soil from contaminated sites), stones and dredging spoil |
|
17 05 03* |
soil and stones containing dangerous substances |
|
17 05 04 |
soil and stones other than those mentioned in 17 05 03 |
|
17 05 05* |
dredging spoil containing dangerous substances |
|
17 05 06 |
dredging spoil other than those mentioned in 17 05 05 |
|
17 05 07* |
track ballast containing dangerous substances |
|
17 05 08 |
track ballast other than those mentioned in 17 05 07 |
|
17 06 |
insulation materials and asbestos-containing construction materials |
|
17 06 01* |
insulation materials containing asbestos |
|
17 06 03* |
other insulation materials consisting of or containing dangerous substances |
|
17 06 04 |
insulation materials other than those mentioned in 17 06 01 and 17 06 03 |
|
17 06 05* |
construction materials containing asbestos |
|
17 08 |
gypsum-based construction material |
|
17 08 01* |
gypsum-based construction materials contaminated with dangerous substances |
|
17 08 02 |
gypsum-based construction materials other than those mentioned in 17 08 01 |
|
17 09 |
other construction and demolition wastes |
|
17 09 01* |
construction and demolition wastes containing mercury |
|
17 09 02* |
construction and demolition wastes containing PCB (e.g. PCB-containing sealants, PCB-containing resin-based floorings, PCB-containing sealed glazing units, PCB-containing capacitors) |
|
17 09 03* |
other construction and demolition wastes (including mixed wastes) containing dangerous substances |
|
17 09 04 |
mixed construction and demolition wastes other than those mentioned in 17 09 01, 17 09 02 and 17 09 03 |
|
18 |
WASTES FROM HLTMAN OR ANIMAL HEALTH CARE AND~OR RELATED RESEARCH (except kitchen and restaurant wastes not arising from immediate health care) |
|
18 01 |
wastes from natal care, diagnosis, treatment or prevention of disease in humans |
|
18 01 01 |
sharps (except 18 01 03) |
|
18 01 02 |
body parts and organs including blood bags and blood preserves (except 18 01 03) |
|
18 01 03* |
wastes whose collection and disposal is subject to special requirements in order to prevent infection |
|
18 01 04 |
wastes whose collection and disposal is not subject to special requirements in order to prevent infection (e.g. dressings, plaster casts, linen, disposable clothing, diapers) |
|
18 01 06* |
chemicals consisting of or containing dangerous substances |
|
18 01 07 |
chemicals other than those mentioned in 18 01 06 |
|
18 01 08* |
cytotoxic and cytostatic medicines |
|
18 01 09 |
medicines other than those mentioned in 18 01 08 |
|
18 01 10* |
amalgam waste from dental care |
|
18 02 |
wastes from research, diagnosis, treatment or prevention of disease involving animals |
|
18 02 01 |
sharps (except 18 02 02) |
|
18 02 02* |
wastes whose collection and disposal is subject to special requirements in order to prevent infection |
|
18 02 03 |
wastes whose collection and disposal is not subject to special requirements in order to prevent infection |
|
18 02 05* |
chemicals consisting of or containing dangerous substances |
|
18 02 06 |
chemicals other than those mentioned in 18 02 05 |
|
18 02 07* |
cytotoxic and cytostatic medicines |
|
18 02 08 |
medicines other than those mentioned in 18 02 07 |
|
19 |
WASTES FROM WASTE MANAGEMENT FACILITIES, OFF-SITE WASTE WATER TREATMENT PLANTS AND THE PREPARATION OF WATER INTENDED FOR HUMAN CONSUMPTION AND WATER FOR INDUSTRIAL USE |
|
19 01 |
wastes from incineration or pyrolysis of waste |
|
19 01 02 |
ferrous materials removed from bottom ash |
|
19 01 05* |
filter cake from gas treatment |
|
19 01 06* |
aqueous liquid wastes from gas treatment and other aqueous liquid wastes |
|
19 01 07* |
solid wastes from gas treatment |
|
19 01 10* |
spent activated carbon from flue-gas treatment |
|
19 01 11* |
bottom ash and slag containing dangerous substances |
|
19 01 12 |
bottom ash and slag other than those mentioned in 19 01 11 |
|
19 01 13* |
fly ash containing dangerous substances |
|
19 01 14 |
fly ash other than those mentioned in 19 01 13 |
|
19 01 15* |
boiler dust containing dangerous substances |
|
19 01 16 |
boiler dust other than those mentioned in 19 01 15 |
|
19 01 17* |
pyrolysis wastes containing dangerous substances |
|
19 01 18 |
pyrolysis wastes other than those mentioned in 19 01 17 |
|
19 01 19 |
sands from fluidised beds |
|
19 01 99 |
wastes not otherwise specified |
|
19 02 |
wastes from physico/chemical treatments of waste (including dechromatation, decyanidation, neutralisation) |
|
19 02 03 |
premixed wastes composed only of non hazardous wastes |
|
19 02 04* |
premixed wastes composed of at least one hazardous waste |
|
19 02 05* |
sludges from physico/chemical treatment containing dangerous substances |
|
19 02 06 |
sludges from physico/chemical treatment other than those mentioned in 19 02 05 |
|
19 02 07* |
oil and concentrates from separation |
|
19 02 08* |
liquid combustible wastes containing dangerous substances |
|
19 02 09* |
solid combustible wastes containing dangerous substances |
|
19 02 10 |
combustible wastes other than those mentioned in 19 02 08 and 19 02 09 |
|
19 02 11* |
other wastes containing dangerous substances |
|
19 02 99 |
wastes not otherwise specified |
|
19 03 |
estabilised/solidified wastes (22) |
|
19 03 04* |
wastes marked as hazardous, partly (23) stabilised |
|
19 03 05 |
stabilised wastes other than those mentioned in 19 03 04 |
|
19 03 06* |
wastes marked as hazardous, solidified |
|
19 03 07 |
solidified wastes other than those mentioned in 19 03 06 |
|
19 04 |
vitrified waste and wastes from vitrification |
|
19 04 01 |
vitrified waste |
|
19 04 02* |
fly ash and other flue-gas treatment wastes |
|
19 04 03* |
non-vitrified solid phase |
|
19 04 04 |
aqueous liquid wastes from vitrified waste tempering |
|
19 05 |
wastes from aerobic treatment of solid wastes |
|
19 05 01 |
non-composted fraction of municipal and similar wastes |
|
19 05 02 |
non-composted fraction of animal and vegetable waste |
|
19 05 03 |
off-specification compost |
|
19 05 99 |
wastes not otherwise specified |
|
19 06 |
wastes from anaerobic treatment of waste |
|
19 06 03 |
liquor from anaerobic treatment of municipal waste |
|
19 06 04 |
digestate from anaerobic treatment of municipal waste |
|
19 06 05 |
liquor from anaerobic treatment of animal and vegetable waste |
|
19 06 06 |
digestate from anaerobic treatment of animal and vegetable waste |
|
19 06 99 |
wastes not otherwise specified |
|
19 07 |
landfill leachate |
|
19 07 02* |
landfill leachate containing dangerous substances |
|
19 07 03 |
landfill leachate other than those mentioned in 19 07 02 |
|
19 08 |
wastes from waste water treatment plants not otherwise specified |
|
19 08 01 |
screenings |
|
19 08 02 |
waste from desanding |
|
19 08 05 |
sludges from treatment of urban waste water |
|
19 08 06* |
saturated or spent ion exchange resins |
|
19 08 07* |
solutions and sludges from regeneration of ion exchangers |
|
19 08 08* |
membrane system waste containing heavy metals |
|
19 08 09 |
grease and oil mixture from oil/water separation containing only edible oil and fats |
|
19 08 10* |
grease and oil mixture from oil/water separation other than those mentioned in 19 08 09 |
|
19 08 11* |
sludges containing dangerous substances from biological treatment of industrial waste water |
|
19 08 12 |
sludges from biological treatment of industrial waste water other than those mentioned in 19 08 11 |
|
19 08 13* |
sludges containing dangerous substances from other treatment of industrial waste water |
|
19 08 14 |
sludges from other treatment of industrial waste water other than those mentioned in 19 08 13 |
|
19 08 99 |
wastes not otherwise specified |
|
19 09 |
wastes from the preparation of water intended for human consumption or water for industrialuse |
|
19 09 01 |
solid waste from primary filtration and screenings |
|
19 09 02 |
sludges from water clarification |
|
19 09 03 |
sludges from decarbonation |
|
19 09 04 |
spent activated carbon |
|
19 09 05 |
saturated or spent ion exchange resins |
|
19 09 06 |
solutions and sludges from regeneration of ion exchangers |
|
19 09 99 |
wastes not otherwise specified |
|
19 10 |
wastes from shredding of metal-containing wastes |
|
19 10 01 |
iron and steel waste |
|
19 10 02 |
non-ferrous waste |
|
19 10 03* |
fluff-light fraction and dust containing dangerous substances |
|
19 10 04 |
fluff-light fraction and dust other than those mentioned in 19 10 03 |
|
19 10 05* |
other fractions containing dangerous substances |
|
19 10 06 |
other fractions other than those mentioned in 19 10 05 |
|
19 11 |
wastes from oil regeneration |
|
19 11 01 * |
spent filter clays |
|
19 11 02* |
acid tars |
|
19 11 03* |
aqueous liquid wastes |
|
19 11 04* |
wastes from cleaning of fuel with bases |
|
19 11 05* |
sludges from on-site effluent treatment containing dangerous substances |
|
19 11 06 |
sludges from on-site effluent treatment other than those mentioned in 19 11 05 |
|
19 11 07* |
wastes from flue-gas cleaning |
|
19 11 99 |
wastes not otherwise specified |
|
19 12 |
wastes from the mechanical treatment of waste (e.g. sorting, crushing, compacting, pelletising) not otherwise specified |
|
19 12 01 |
paper and cardboard |
|
19 12 02 |
ferrous metal |
|
19 12 03 |
non-ferrous metal |
|
19 12 04 |
plastic and rubber |
|
19 12 05 |
glass |
|
19 12 06* |
wood containing dangerous substances |
|
19 12 07 |
wood other than that mentioned in 19 12 06 |
|
19 12 08 |
textiles |
|
19 12 09 |
minerals (e.g. sand, stones) |
|
19 12 10 |
combustible waste (refuse derived fuel) |
|
19 12 11* |
other wastes (including mixtures of materials) from mechanical treatment of waste containing dangerous substances |
|
19 12 12 |
other wastes (including mixtures of materials) from mechanical treatment of wastes other than those mentioned in 19 12 11 |
|
19 13 |
wastes from soil and groundwater remediation |
|
19 13 01* |
solid wastes from soil remediation containing dangerous substances |
|
19 13 02 |
solid wastes from soil remediation other than those mentioned in 19 13 01 |
|
19 13 03* |
sludges from soil remediation containing dangerous substances |
|
19 13 04 |
sludges from soil remediation other than those mentioned in 19 13 03 |
|
19 13 05* |
sludges from groundwater remediation containing dangerous substances |
|
19 13 06 |
sludges from groundwater remediation other than those mentioned in 19 13 05 |
|
19 13 07* |
aqueous liquid wastes and aqueous concentrates from groundwater remediation containing dangerous substances |
|
19 13 08 |
aqueous liquid wastes and aqueous concentrates from groundwater remediation other than those mentioned in 19 13 07 |
|
20 |
MUNICIPAL WASTES (HOUSEHOLD WASTE AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES) INCLUDING SEPARATELY COLLECTED FRACTIONS |
|
20 01 |
separately collected fractions (except 15 01) |
|
20 01 01 |
paper and cardboard |
|
20 01 02 |
glass |
|
20 01 08 |
biodegradable kitchen and canteen waste |
|
20 01 10 |
clothes |
|
20 01 11 |
textiles |
|
20 01 13* |
solvents |
|
20 01 14* |
acids |
|
20 01 15* |
alkalines |
|
20 01 17* |
photochemicals |
|
20 01 19* |
pesticides |
|
20 01 21* |
fluorescent tubes and other mercury-containing waste |
|
20 01 23* |
discarded equipment containing chlorofluorocarbons |
|
20 01 25 |
edible oil and fat |
|
20 01 26* |
oil and fat other than those mentioned in 20 01 25 |
|
20 01 27* |
paint, inks, adhesives and resins containing dangerous substances |
|
20 01 28 |
paint, inks, adhesives and resins other than those mentioned in 20 01 27 |
|
20 01 29* |
detergents containing dangerous substances |
|
20 01 30 |
detergents other than those mentioned in 20 01 29 |
|
20 01 31* |
cytotoxic and cytostatic medicines |
|
20 01 32 |
medicines other than those mentioned in 20 01 31 |
|
20 01 33* |
batteries and accumulators included in 16 06 01, 16 06 02 or 16 06 03 and unsorted batteries and accumulators containing these batteries |
|
20 01 34 |
batteries and accumulators other than those mentioned in 20 01 33 |
|
20 01 35* |
discarded electrical and electronic equipment other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components (24) |
|
20 01 36 |
discarded electrical and electronic equipment other than those mentioned in 20 01 21, 20 01 23 and 20 01 35 |
|
20 01 37* |
wood containing dangerous substances |
|
20 01 38 |
wood other than that mentioned in 20 01 37 |
|
20 01 39 |
plastics |
|
20 01 40 |
metals |
|
20 01 41 |
wastes from chimney sweeping |
|
20 01 99 |
other fractions not otherwise specified |
|
20 02 |
garden and park wastes (including cemetery waste) |
|
20 02 01 |
biodegradable waste |
|
20 02 02 |
soil and stones |
|
20 02 03 |
other non-biodegradable wastes |
|
20 03 |
other municipal wastes |
|
20 03 01 |
mixed municipal waste |
|
20 03 02 |
waste from markets |
|
20 03 03 |
street-cleaning residues |
|
20 03 04 |
septic tank sludge |
|
20 03 06 |
waste from sewage cleaning |
|
20 03 07 |
bulky waste |
|
20 03 99 |
municipal wastes not otherwise specified |
PART 3
|
List A (Annex II to the Basel Convention) (25) |
||
|
Y46 |
Waste collected from households (26) |
|
|
Y47 |
Residues arising from the incineration of household wastes |
|
|
List B (Waste from Appendix 4, Part II of the OECD Decision (27)) |
||
|
Metal Bearing Wastes |
||
|
AA 010 |
261900 |
Dross, scalings and other wastes from the manufacture of iron and steel (28) |
|
AA 060 |
262050 |
Vanadium ashes and residues (26) |
|
AA 190 |
810420 ex 810430 |
Magnesium waste and scrap that is flammable, pyrophoric or emits, upon contact with water, flammable gases in dangerous quantities |
|
Wastes Containing Principally Inorganic Constituents, Which May Contain Metals and Organic Materials |
||
|
AB 030 |
|
Wastes from non-cyanide based systems which arise from surface treatment of metals |
|
AB 070 |
|
Sands used in foundry operations |
|
AB 120 |
ex 281290 ex 3824 |
Inorganic halide compounds, not elsewhere specified or included |
|
AB 150 |
ex 382490 |
Unrefined calcium sulphite and calcium sulphate from flue gas desulphurisation (FGD) |
|
Wastes Containing Principally Organic Constituents, Which May Contain Metals and Inorganic Materials |
||
|
AC 060 |
ex 381900 |
Hydraulic fluids |
|
AC 070 |
ex 381900 |
Brake fluids |
|
AC 080 |
ex 382000 |
Antifreeze fluids |
|
AC 150 |
|
Chlorofluorocarbons |
|
AC 160 |
|
Halons |
|
AC 170 |
ex 440310 |
Treated cork and wood Wastes |
|
Wastes Which May Contain either Inorganic or Organic Constituents |
||
|
AD 090 |
ex 382490 |
Wastes from production, formulation and use of reprographic and photographic chemicals and materials not elsewhere specified or included |
|
AD 100 |
|
Wastes from non-cyanide based systems which arise from surface treatment of plastics |
|
AD 120 |
ex 391400 ex 3915 |
Ion exchange resins |
|
AD 150 |
|
Naturally occurring organic material used as a filter medium (such as biofilters) |
|
Wastes Containing Principally Inorganic Constituents, Which May Contain Metals and Organic Materials |
||
|
RB 020 |
ex 6815 |
Ceramic based fibres of physico-chemical characteristics similar to those of asbestos |
(1) References in Lists A and B to Annexes I, III and IV refer to Annexes of the Basel Convention.
(2) Note that mirror entry on list B (B1160) does not specify exceptions.
(3) This entry does not include scrap assemblies from electric power generation.
(4) PCBs are at a concentration level of 50 mg/kg or more.
(5) PCBs at a concentration level of 50mg/kg or more.
(6) The 50 mg/kg level is considered to be an internationally practical level for all wastes. However, many individual countries have established lower regulatory levels (e.g. 20 mg/kg for specific wastes.
(7) “Out-dated” means unused within the period recommended by the manufacturer.
(8) This entry does not include wood treated with wood-preserving chemicals.
(9) “Out-dated” means unused within the period recommended by the manufacturer.
(10) Note that even where low level contamination with Annex I materials initially exists, subsequent processes, including recycling processes, may result in separated fractions containing significantly enhanced concentrations of those Annex I materials.
(11) The status of zinc ash is currently under review and there is a recommendation with United Nations Conference on Trade and Development (Unctad) that zinc ashes should not be dangerous goods.
(12) This entry does not include scrap from electrical power generation.
(13) Re-use can include repair, refurbishment or upgrading, but not major reassembly.
(14) In some countries these materials destined for direct re-use are not considered wastes.
(15) The concentration level of Benzol[a]pyrene should not be 50 mg/kg or more.
(16) It is understood that such scraps are completely polymerized.
|
— |
Post-consumer wastes are excluded from this entry |
|
— |
Wastes shall not be mixed |
|
— |
Post-consumer wastes are excluded from this entry |
|
— |
Wastes shall not be mixed |
|
— |
Problems arising from open-burning practices to be considered. |
|
— |
Post-consumer wastes are excluded from this entry |
|
— |
Wastes shall not be mixed |
|
— |
Problems arising from open-burning practices to be considered. |
(18) Wastes marked with an asterisk are considered to be hazardous waste pursuant to Directive 91/689/EEC. When identifying a waste in the list below, the introduction to the Annex of Decision 2000/532/EC is relevant.
(19) For the purpose of this list of wastes, PCBs will be defined as in Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (OJ L 243, 24.9.1996, p. 31).
(20) Hazardous components from electrical and electronic equipment may include accumulators and batteries mentioned in 16 06 and marked as hazardous, mercury switches, glass from cathode ray tubes and other activated glass etc.
(21) For the purpose of this entry, transition metals are: scandium, vanadium, manganese, cobalt, copper, yttrium, niobium, hafnium, tungsten, titanium, chromium, iron, nickel, zinc, zirconium, molybdenum and tantalum. These metals or their compounds are dangerous if they are classified as dangerous substances. The classification of dangerous substances shall determine which among those transition metals and which transition metal compounds are hazardous.
(22) Stabilisation processes change the dangerousness of the constituents in the waste and thus transform hazardous waste into non-hazardous waste. Solidification processes only change the physical state of the waste (e.g. liquid into solid) by using additives without changing the chemical properties of the waste.
(23) A waste is considered as partly stabilised if after the stabilisation process dangerous constituents which have not been changed completely into non-dangerous constituents could be released into the environment in the short, middle or long term.
(24) Hazardous components from electrical and electronic equipment may include accumulators and batteries mentioned in 16 06 and marked as hazardous, mercury switches, glass from cathode ray tubes and other activated glass, etc.
(25) This list originates from Appendix 4, Part I of the OECD Decision.
(26) Unless appropriately classified under a single entry in Annex III.
(27) The wastes numbered AB 130, AC 250, AC 260 and AC 270 have been deleted since they have been considered, in accordance with the procedure laid down in Article 18 of Directive 75/442/EEC, to be non-hazardous and therefore not subject to the export prohibition laid down in Article 35 of this Regulation.
(28) This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling, dust, powder, sludge and cake, unless a material is expressly listed elsewhere.
ANNEX VI
Form for pre-consented facilities (Article 14)
|
Competent authority |
Recovery facility |
Waste identification |
Period of validity |
Total pre-consented quantity |
||||
|
|
Name and number of the recovery facility |
Address |
Recovery operation (+ R code) |
Technologies employed |
(Code) |
From |
To |
(kg/litre) |
|
|
|
|
|
|
|
|
|
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|
ANNEX VII
INFORMATION ACCOMPANYING SHIPMENTS OF WASTE AS REFERRED TO IN ARTICLE 3(2) AND (4)
ANNEX VIII
GUIDELINES ON ENVIRONMENTALLY SOUND MANAGEMENT (Article 49)
I. Guidelines adopted under the Basel Convention:
1. Technical Guidelines on the Environmentally Sound Management of Biomedical and Health Care Wastes (Y1; Y3) (1)
2. Technical Guidelines on the Environmentally Sound Management of Waste Lead Acid Batteries (1)
3. Technical Guidelines on the Environmentally Sound Management of the Full and Partial Dismantling of Ships (1)
4. General Technical Guidelines for the Environmentally Sound Management of Wastes Consisting of, Containing or Contaminated with Persistent Organic Pollutants (POPs) (2)
5. Technical Guidelines for the Environmentally Sound Management of Wastes Consisting of, Containing or Contaminated with Polychlorinated Biphenyls (PCBs), Polychlorinated Terphenyls (PCTs) or Polybrominated Biphenyls (PBBs) (2)
6. Technical Guidelines on the Environmentally Sound Recycling/Reclamation of Metals and Metal Compounds (R4) (2)
II. Guidelines adopted by the OECD:
Technical guidance for the environmentally Sound management of specific waste streams: Used and scrap personal computers (3)
III. Guidelines adopted by the International Maritime Organisation (IMO)
Guidelines on ship recycling (4)
IV Guidelines adopted by the International Labour Organization (ILO):
Safety and health in shipbreaking: guidelines for Asian countries and Turkey (5)
(1) Adopted by the sixth Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal, 9-13 December 2002.
(2) Adopted by the 7th meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundaty Movements of Hazardous Wastes and Their Disposal, 25-29 October 2004.
(3) Adopted by the Environment Policy Committee of the OECD in February 2003 (document ENV/EPOC/WGWPR (2001) 3/FINAL).
(4) Resolution A.962 adopted by the Assembly of the IMO at its 23rd Regular session, 24 November to 5 December 2003.
(5) Approved for publication by the Governing Body of the ILO at its 289th session, 11-26 March 2004.
ANNEX IX
ADDITIONAL QUESTIONNAIRE FOR REPORTS BY MEMBER STATES PURSUANT TO ARTICLE 51(2)
Note for completion of the tables:
D and R codes are those referred to in Annexes IIA and IIB to Directive 75/442/EEC.
Waste identification codes are those referred to in Annexes III, IIIA, IIIB, IV and IVA to this Regulation.
Table 1
INFORMATION ON EXCEPTIONS TO THE IMPLEMENTATION OF THE PRINCIPLES OF PROXIMITY, PRIORITY FOR RECOVERY AND SELF-SUFFICIENCY (Article 11(3))
|
Waste identification (code) |
Quantity (kg/litres) |
Country of destination (De)/Country of dispatch (Di) |
Disposal operation D Code |
Referral of the matter to the Commission (Yes/No) |
|
|
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Table 2
OBJECTIONS TO PLANNED SHIPMENTS OR DISPOSAL (Article 11(1)(g))
|
Waste identification (code) |
Quantity (kg/litres) |
Country of transit (T)/Country of dispatch (Di) |
Reasons for the objection (please tick ✓ as appropriate) |
Facility |
|||
|
Art. 11(1)(g)(i) |
Art. 11(1)(g)(ii) |
Art. 11(1)(g)(iii) |
Name (in case of Art. 11(1)(g)(ii)) |
Disposal operation D Code |
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Table 3
OBJECTIONS TO PLANNED SHIPMENTS OR RECOVERY (Article 12(1)(c))
|
Waste identification (code) |
Quantity (kg/litres) |
Country of destination |
Reasons for the objection and details of relevant national legislation |
Facility (in the country of destination) |
|
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|
|
Name |
Recovery operation R Code |
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Table 4
INFORMATION ON DECISIONS BY COMPETENT AUTHORITIES TO ISSUE PRE-CONSENTS (ARTICLE 14)
|
Competent authority |
Recovery facility |
Waste identification (code) |
Period of validity |
Revocation (date) |
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Name and No |
Address |
Recovery operation R Code |
Technologies employed |
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From |
To |
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Table 5
INFORMATION ON ILLEGAL SHIPMENTS OF WASTE (1) (Article 24 and Article 50(1))
|
Waste identification (code) |
Quantity (kg/litres) |
Country of destination (De) and country of dispatch (Di) |
Identification of the reason for illegality (possible reference to violated Articles) |
Responsible for illegality (please tick ✓ as appropriate) |
Measures taken including possible penalties |
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Notifier |
Consignee |
Other |
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Table 6
INFORMATION ON ANY SPECIFIC CUSTOMS OFFICES DESIGNATED BY MEMBER STATES FOR SHIPMENTS OF WASTE ENTERING AND LEAVING THE COMMUNITY
(Article 55)
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Customs office |
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Office |
Location |
Import/Export countries controlled |
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(1) Information on cases which have been closed during the reporting period.
P6_TA(2005)0394
Rail freight quality requirements ***I
European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on compensation in cases of non-compliance with contractual quality requirements for rail freight services (COM(2004)0144 — C6-0004/2004 — 2004/0050(COD))
(Codecision procedure: first reading)
The European Parliament,
|
— |
having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0144) (1), |
|
— |
having regard to Articles 251(2) and 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0004/2004), |
|
— |
having regard to Rule 51 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Transport and Tourism (A6-0171/2005), |
|
1. |
Rejects the Commission proposal; |
|
2. |
Calls on the Commission to withdraw its proposal; |
|
3. |
Instructs its President to forward its position to the Council and Commission. |
(1) Not yet published in OJ.
P6_TA(2005)0395
Lifelong learning ***I
European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing an integrated action programme in the field of lifelong learning (COM(2004)0474 — C6-0095/2004 — 2004/0153(COD))
(Codecision procedure: first reading)
The European Parliament,
|
— |
having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0474) (1), |
|
— |
having regard to Article 251(2) and Articles 149(4) and 150(4) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0095/2004), |
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— |
having regard to Rule 51 of its Rules of Procedure, |
|
— |
having regard to the opinion of the Committee of the Regions (1), |
|
— |
having regard to the report of the Committee on Culture and Education and the opinions of the Committee on Foreign Affairs, the Committee on Budgets, the Committee on Employment and Social Affairs, the Committee on Industry, Research and Energy, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A6-0267/2005), |
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1. |
Approves the Commission proposal as amended; |
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2. |
Points out that the appropriations indicated in the Commission proposal beyond the year 2006 are subject to the decisions to be taken on the next multiannual financial framework; |
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3. |
Calls on the Commission, once the next multiannual financial framework is adopted, to present, if appropriate, a proposal to adjust the financial reference amount of the programme; |
|
4. |
Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
|
5. |
Instructs its President to forward its position to the Council and Commission. |
(1) Not yet published in OJ.
P6_TC1-COD(2004)0153
Position of the European Parliament adopted at first reading on 25 October 2005 with a view to the adoption of Decision No .../2005/EC of the European Parliament and of the Council establishing an integrated action programme in the field of lifelong learning
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 149(4) and 150 (4) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
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(1) |
Council Decision 1999/382/EC (4) established the second phase of the Community vocational training action programme “Leonardo da Vinci”. |
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(2) |
Decision No 253/2000/EC of the European Parliament and of the Council (5) established the second phase of the Community action programme in the field of education “Socrates”. |
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(3) |
Decision No 2318/2003/EC of the European Parliament and of the Council (6) established a multiannual programme (2004 to 2006) for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (eLearning Programme). |
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(4) |
Decision No 791/2004/EC of the European Parliament and of the Council (7) established a Community action programme to promote bodies active at European level in the field of education and training and to support specific activities in this field. |
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(5) |
Decision No 2241/2004/EC of the European Parliament and of the Council (8) established a single framework for the transparency of qualifications and competences (Europass). |
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(6) |
Decision No 2317/2003/EC of the European Parliament and of the Council (9) established a programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008). |
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(7) |
The great disparity in the performance of educational systems in the European Union, as illustrated in the PISA 2003 report, is a matter of concern. |
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(8) |
The Bologna Declaration, signed by the Ministers for Education of 29 European countries on 19 June 1999, established an intergovernmental process aimed at creating a “European Area of Higher Education” by 2010, requiring support at Community level. |
|
(9) |
The special meeting of the European Council in Lisbon on 23-24 March 2000 set a strategic goal for the European Union to become the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth with more and better jobs and greater social cohesion, and invited the Education Council to undertake a general reflection on the concrete future objectives of education systems, focusing on common concerns and priorities while respecting national diversity. |
|
(10) |
An advanced knowledge society is the key to higher growth and employment rates. Education and training are essential priorities for the European Union in order to achieve the Lisbon goals. |
|
(11) |
On 12 February 2001 the Council adopted a report on the concrete future objectives of education and training systems. On 14 June 2002 it subsequently adopted a detailed work programme on the follow-up of these objectives, requiring support at Community level. |
|
(12) |
The meeting of the European Council in Göteborg on 15-16 June 2001 agreed a strategy for sustainable development and added an environmental dimension to the Lisbon process for employment, economic reform and social cohesion. |
|
(13) |
The meeting of the European Council in Barcelona on 15-16 March 2002 set the objective of making European Union education and training systems a world quality reference by 2010, and called for action to improve the mastery of basic skills, in particular by teaching at least two foreign languages from a very early age. |
|
(14) |
The Commission Communication “Making a European Area of Lifelong Learning a Reality” and the Council Resolution of 27 June 2002 on lifelong learning (10) affirm that lifelong learning should be enhanced by actions and policies developed within the framework of Community programmes in this field. |
|
(15) |
In its resolution on the above-mentioned Commission Communication (11), Parliament welcomed the European Investment Bank (EIB) i2i initiative, which extended its mandate to the granting of study loans to improve educational opportunities, and called on the Commission and Member States to facilitate EIB lending for lifelong learning. |
|
(16) |
The Council Resolution of 19 December 2002 on the promotion of enhanced European cooperation in vocational education and training (12) established a process of enhanced European cooperation in vocational education and training, requiring support at Community level. The Copenhagen Declaration, agreed by the Ministers for Education of 31 European countries on 30 November 2002, associated the social partners and the candidate countries with this process. |
|
(17) |
The Communication from the Commission on the Action Plan for skills and mobility noted the continuing need for action at European level to improve the recognition of education and training qualifications. |
|
(18) |
The Communication from the Commission on the Action Plan promoting language learning and linguistic diversity set out actions to be taken at European level during the period 2004-2006 and requires follow-up action. |
|
(19) |
Promoting the teaching and learning of languages and linguistic diversity, including the official languages of the Community and its regional and minority languages, should be a priority of Community action in the field of education and training. Such action is particularly important in border regions of the Member States in relation to the languages used in neighbouring regions of other Member States. |
|
(20) |
The interim evaluation reports of the existing Socrates and Leonardo da Vinci programmes and the public consultation on the future of Community activity in education and training revealed a strong and in some respects growing need for continuing cooperation and mobility in these fields at European level. They emphasised the importance of creating closer links between Community programmes and policy developments in education and training, expressed the wish that Community action should be structured so as to respond better to the lifelong learning paradigm, and pressed for a simpler, more user-friendly and more flexible approach to implementing such action. |
|
(21) |
Significant advantages would accrue from integrating Community support for trans-national cooperation and mobility in the fields of education and training into a single programme, which would permit greater synergies between the different fields of action, and offer more capacity to support developments in lifelong learning, and more coherent, streamlined and efficient modes of administration. A single programme would also encourage better cooperation between the various levels of education. |
|
(22) |
An Integrated Programme should therefore be established to contribute through lifelong learning to the development of the European Union as an advanced knowledge society, with sustainable economic development, more and better jobs, greater social cohesion and a culture of respect for human rights and democracy . |
|
(23) |
Given the specificities of the schools, higher education, vocational training and adult education sectors, and the consequent need for Community action to be based on objectives, forms of action and organisational structures tailored to them, it is appropriate to retain individual programmes within the framework of the Integrated Programme targeted at each of these four sectors, while maximising the coherence and commonality between them. |
|
(24) |
In its Communication “Building our common Future: Policy challenges and Budgetary means of the Enlarged Union 2007-2013”, the Commission set out a sequence of quantified targets to be achieved by the new generation of Community education and training programmes, which require a significant increase in mobility and partnership actions. |
|
(25) |
Given the demonstrated beneficial impacts of trans-national mobility on individuals and on education and training systems, the high volume of unfulfilled demand for mobility in all sectors, and its importance in the context of the Lisbon target, it is necessary to increase substantially the volume of support for trans-national mobility in the four sectoral programmes. |
|
(26) |
The standard Erasmus student mobility grant has remained at an average of about ELIR 150 per month since 1993. In real terms, this represents a 25 % cut in its value, and acts as an ever greater obstacle to participation of less privileged students in the programme. In order to cover more adequately the real additional costs borne by students studying abroad, the standard student mobility grant should be increased incrementally over the lifetime of the programme, from ELIR 210 per month in 2007 to ELIR 300 per month in 2013. |
|
(27) |
More provision should be made for the mobility needs of individual school pupils at secondary level and of individual adult learners, hitherto not covered by Community programmes, by introducing new types of mobility action into the Comenius and Grundtvig sub programmes. The opportunities offered by individual teacher mobility for the development of long-term cooperation between schools in neighbouring regions should also be exploited more fully. Over the lifetime of the Integrated Programme, the Comenius sub-programme should aim to involve approximately 10 000 secondary pupils in individual mobility, and the participation of approximately 10 000 teachers in individual mobility between schools, especially in adjacent regions. |
|
(28) |
Small and medium-sized enterprises play an important role in the European economy. Hitherto, however, participation by such enterprises in the Leonardo programme has been limited. Steps should be taken to improve the attractiveness of Community action to such enterprises, in particular by ensuring that more mobility opportunities are available for apprentices. Suitable arrangements, analogous to those that exist under Erasmus, should be made for the recognition of the outcomes of such mobility. |
|
(29) |
Given the particular educational challenges facing the children of occupational travellers and mobile workers in Europe, full use should be made of the opportunities available under the Comenius programme to support transnational activities targeted at their needs. |
|
(30) |
Increased mobility throughout Europe, far from undermining quality, must on the contrary consistently be accompanied by constantly higher standards. |
|
(31) |
If the Erasmus Mundus programme is to be incorporated as an element of the integrated programme, the total budget must be increased accordingly. |
|
(32) |
In order to respond to the increased need to support activities at European level designed to achieve these policy objectives, to provide a means of supporting trans-sectoral activity in the fields of languages and ICT, and to strengthen the dissemination and exploitation of results of the programme, it is appropriate to complement the four sectoral programmes with a transversal programme. |
|
(33) |
In order to respond to the increasing need for knowledge and dialogue about the European integration process and its development, it is important to stimulate excellence in teaching, research and reflection in this field by supporting higher education institutions specialising in the study of the European integration process, European associations in the fields of education and training and the Jean Monnet Action. |
|
(34) |
It is necessary to provide sufficient flexibility in the formulation of this Decision to allow for appropriate adjustments in the actions of the Integrated Programme to respond to changing needs during the period 2007 to 2013, and to avoid the inappropriately detailed provisions of previous phases of Socrates and Leonardo da Vinci. |
|
(35) |
In all its activities, the Community must eliminate inequalities, and promote equality, between men and women, as provided for in Article 3 of the Treaty. |
|
(36) |
Further to Article 151 of the Treaty, the Community must take cultural aspects into account in its action under other provisions of the Treaty, in particular in order to respect and to promote the diversity of its cultures. Particular attention should be paid to the synergy between culture and other fields such as education. Intercultural dialogue should also be encouraged . |
|
(37) |
There is a need to promote active citizenship and respect for human rights and democracy, and to step up the fight against exclusion in all its forms, including racism and xenophobia. |
|
(38) |
Special attention should be given to groups which are under represented in education and training systems in the European Union. |
|
(39) |
The special learning needs of people with disabilities should be actively addressed in the implementation of all parts of the programme, including through the use of higher grants to reflect the additional costs of disabled participants, and the provision of support for the learning and use of sign languages and braille. |
|
(40) |
Note should be taken of the achievements of the European Year of Education through Sport (2004) and of the potential educational benefits of cooperation between educational institutions and sports organisations that the Year highlighted. |
|
(41) |
The candidate countries for membership of the European Union and the EFTA countries which are members of the EEA may participate in Community programmes in accordance with agreements to be signed between the Community and those countries. |
|
(42) |
The European Council in Thessaloniki on 19 and 20 June 2003endorsed the Council conclusions of 16 June on the Western Balkans, including its annex “The Thessaloniki Agenda for the Western Balkans: moving towards European integration”, which provides that Community programmes should be opened to the Stabilisation and Association Process countries on the basis of framework agreements to be signed between the Community and those countries. |
|
(43) |
The Community and the Swiss Confederation have declared their intention of undertaking negotiations to conclude agreements in areas of common interest such as Community education, training and youth programmes. |
|
(44) |
The Integrated Programme should be regularly monitored and evaluated in cooperation between the Commission and the Member States in order to allow for readjustments, particularly with respect to the priorities for implementing the measures. The evaluation should include an external evaluation to be conducted by independent, impartial bodies. |
|
(45) |
The European Parliament Resolution of 28 February 2002 on the implementation of the Socrates Programme (13) drew attention to the disproportionately onerous administrative procedures for grant applicants under the second phase of the programme. |
|
(46) |
Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (14) and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 (15) laying down detailed rules for the implementation of Regulation (EC, Euratom) No 1605/2002, which safeguard the Community's financial interests, have to be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use. |
|
(47) |
Radical administrative simplification of application procedures is essential for the successful implementation of the programme. In the absence of an appropriate legal framework, administrative and accounting requirements should be proportionate to the size of the grant. |
|
(48) |
Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used. |
|
(49) |
Since the objectives of the proposed action concerning the contribution of European cooperation to quality education and training cannot be sufficiently achieved by the Member States because of the need for multilateral partnerships, trans-national mobility and Community-wide exchanges of information, and can therefore, by reason of the nature of the actions and measures necessary, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. |
|
(50) |
This Decision lays down, for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of 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 (16), for the budgetary authority during the annual budgetary procedure. |
|
(51) |
The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (17) |
HAVE DECIDED AS FOLLOWS:
TITLE I
GENERAL PROVISIONS
Chapter I
The Integrated Programme
Article 1
Establishment of the Integrated Programme
1. This Decision establishes an integrated programme for Community action in the field of lifelong learning, hereinafter referred to as “the Integrated Programme”.
2. The general objective of the Integrated Programme is to contribute through lifelong learning to the development of the Community as an advanced knowledge society, with sustainable economic development, more and better jobs and greater social cohesion, while ensuring good protection of the environment for future generations. In particular, it aims to foster interchange, cooperation and mobility between education and training systems within the Community so that they become a world quality reference.
3. The Integrated Programme shall have the following specific objectives:
|
(a) |
to contribute to the development of quality lifelong learning and to the convergence of educational systems in the Member States towards higher quality standards and to promote innovation and a European dimension in systems and practices in the field; |
|
(b) |
to create interaction between companies, training providers, higher education establishments and scientists in order to provide education and training of the best quality; |
|
(c) |
to support the realisation of a European area of lifelong learning; |
|
(d) |
to help improve the quality, attractiveness and accessibility of the opportunities for lifelong learning available within Member States; |
|
(e) |
to reinforce the contribution of lifelong learning to personal fulfilment, social cohesion, active citizenship, intercultural dialogue , gender equality and the participation of people with special needs; |
|
(f) |
to help promote creativity, competitiveness, employability and the growth of an entrepreneurial spirit; |
|
(g) |
to contribute to increased participation in lifelong learning by people of all ages and regardless of social and academic background, paying special attention to sections of the population that are under represented in education and training in Europe; |
|
(h) |
to promote language learning and linguistic diversity; |
|
(i) |
to reinforce the role of lifelong learning in creating a sense of European citizenship , based on understanding and respect for human rights and democracy, and encouraging tolerance and respect for other peoples and cultures; |
|
(j) |
to promote co-operation in quality assurance in all sectors of education and training in Europe; |
|
(k) |
to exploit results, innovative products and processes and to exchange good practice in the fields covered by the Integrated Programme in order to improve the quality of education and training through identification of best practices . |
4. In accordance with the administrative provisions set out in the Annex, the Integrated Programme shall support and supplement action taken by the Member States.
5. As set out in Article 2, the objectives of the Integrated Programme shall be pursued through the implementation of four sectoral programmes, one transversal programme, and the Jean Monnet programme, hereinafter collectively referred to as “the Specific Programmes”.
6. This Decision shall be implemented over the period from 1 January 2007 until 31 December 2013. However, preparatory measures, including decisions by the Commission in accordance with Article 9, may be implemented as from the entry into force of this Decision.
7. The provisions of this Decision relating to the Integrated Programme shall also govern the Specific Programmes, to which Specific provisions shall also apply.
Article 2
Specific Programmes
1. The sectoral programmes shall be the following:
|
(a) |
the Comenius programme, which shall address the teaching and learning needs of all those in preschool and school education up to the level of the end of upper secondary education, and the institutions and organisations providing such education; |
|
(b) |
the Erasmus programme, which shall address the teaching and learning needs of all those in formal higher education and vocational education and training at tertiary level, whatever the length of their course or qualification may be and including doctoral studies, and the institutions and organisations providing such education and training; |
|
(c) |
the Leonardo da Vinci programme, which shall address the teaching and learning needs of all those in vocational education and training including initial and continuing vocational training, other than advanced vocational education and training at tertiary level, as well as the institutions and organisations providing or facilitating such education and training; |
|
(d) |
the Grundtvig programme, which shall address the teaching and learning needs of those in all forms of adult education, as well as the institutions and organisations providing or facilitating such education. |
2. The transversal programme shall comprise the following four key activities:
|
(a) |
policy cooperation in lifelong learning within the Community; |
|
(b) |
promotion of language learning; |
|
(c) |
development of innovative ICT-based content, services, pedagogies and practice for lifelong learning; |
|
(d) |
dissemination and exploitation of results of actions supported under the programme and previous related programmes, and exchange of good practice. |
3. The Jean Monnet programme shall support institutions and activities in the field of European integration. It shall comprise the following three key activities:
|
(a) |
the Jean Monnet Action; |
|
(b) |
operating grants to support specified institutions dealing with issues relating to European integration; |
|
(c) |
operating grants to support other European institutions and associations in the fields of education and training. |
4. In addition to the objectives set out in Article 1, the Specific Programmes shall have the following specific objectives:
|
(a) |
the Comenius programme:
|
|
(b) |
the Erasmus programme:
|
|
(c) |
the Leonardo da Vinci programme:
|
|
(d) |
the Grundtvig programme:
|
|
(e) |
the transversal programme:
|
|
(f) |
the Jean Monnet programme:
|
Article 3
Definitions
For the purpose of this Decision, the following definitions shall apply:
|
1. |
“pre-school” means organised educational activity undertaken before the start of obligatory primary schooling; |
|
2. |
“pupil” means a person enrolled in a learning capacity at a school; |
|
3. |
“school” means all types of institutions providing general (nursery or other pre-school, primary or secondary), vocational and technical education and, exceptionally, in the case of measures to promote language learning, non-school institutions providing apprenticeship training; |
|
4. |
“teachers/educational staff” means persons who, through their duties, are involved directly in the educational process in the Member States; |
|
5. |
“student” means a person registered in a higher education institution, whatever their field of study, in order to follow higher education studies leading to a degree or diploma, up to and including the level of doctorate; |
|
6. |
“higher education institution” means:
|
|
7. |
“Joint Masters” means Masters courses in higher education that:
|
|
8. |
“initial vocational training” means any form of initial vocational training, including technical and vocational teaching, apprenticeship and vocationally oriented education, which contributes to the achievement of a vocational qualification recognised by the competent authorities in the Member State in which it is obtained; |
|
9. |
“continuing vocational training” means any vocational training undertaken by a person in the Community during his or her working life; |
|
10. |
“adult education” means all forms of non-vocational adult learning, whether of a formal, non-formal or informal nature; |
|
11. |
“study visit” means a short-tenn visit, made to study a particular aspect of lifelong learning in another Member State, to exchange good practice or to learn a new methodology or skill; |
|
12. |
“mobility” means moving physically to another country, in order to undertake study, work experience, other learning or teaching activity or related administrative activity, supported as appropriate by preparatory or refresher courses in the host language; |
|
13. |
“placement” means a stay in an enterprise or organisation in another Member State, supported as appropriate by preparatory and refresher courses in the host language, with a view to facilitating adaptation to the requirements of the Community-wide labour market, to acquiring a specific skill or to improving understanding of the economic and social culture of the country concerned; |
|
14. |
“unilateral” means involving a single institution; |
|
15. |
“bilateral” means involving partners from two Member States; |
|
16. |
“multilateral” means involving partners from at least three Member States. The Commission may regard associations or other bodies with membership from three Member States or more as multilateral; |
|
17. |
“partnership” means a bilateral or multilateral agreement between a group of institutions or organisations in different Member States to carry out joint European activities in lifelong learning; |
|
18. |
“network” means a formal or informal grouping of bodies active in a particular field, discipline or sector of lifelong learning; |
|
19. |
“project” means a cooperation activity developed jointly by a formal or informal grouping of organisations or institutions; |
|
20. |
“project coordinator” means the organisation or institution in charge of the implementation of the project by the multilateral grouping which signs the grant agreement with the Commission; |
|
21. |
“project partners” means the organisations or institutions other than the coordinator, which form the multilateral grouping; |
|
22. |
“enterprise” means all undertakings in the public or private sector whatever their size, legal status or the economic sector in which they operate, and all types of economic activities, including the social economy; |
|
23. |
“social partners” means, at national level, employers' and workers' organisations in conformity with national laws and/or practices and, at Community level, employers' and workers' organisations taking part in the social dialogue at Community level; |
|
24. |
“learning provider” means all institutions or organisations providing lifelong learning within the context of the Integrated Programme, or within the limits of its Specific Programmes; |
|
25. |
“guidance and counselling” means a range of activities such as information, assessment, orientation and advice to assist learners and teaching staff to make choices relating to education and training programmes or employment opportunities; |
|
26. |
“dissemination and exploitation of results” means activities designed to ensure that the results of the Integrated Programme and its predecessors are appropriately recognised, demonstrated and implemented on a wide scale; |
|
27. |
“lifelong learning” means all general education, vocational education and training, non-formal education and informal learning undertaken throughout life, resulting in an improvement in knowledge, skills and competences within a personal, civic, social and/or employment-related perspective. It includes the provision of counselling and guidance services. |
Article 4
Access to the Integrated Programme
Those referred to below and operating in accordance with the legislation of the Member States shall have access to the Integrated Programme:
|
(a) |
pupils, students, trainees and adult learners; |
|
(b) |
staff involved in any aspect of lifelong learning; |
|
(c) |
people in the labour market; |
|
(d) |
learning providers; |
|
(e) |
the persons and bodies responsible for systems and policies concerning any aspect of lifelong learning at local, regional , national and European level; |
|
(f) |
enterprises, social partners and their organisations at all levels, including trade organisations and chambers of commerce and industry; |
|
(g) |
bodies providing guidance, counselling and information services relating to any aspect of lifelong learning; |
|
(h) |
associations working in the field of lifelong learning, including students', trainees', pupils', teachers', parents' and adult learners' associations; |
|
(i) |
research centres and bodies concerned with lifelong learning issues; |
|
(j) |
non-profit-making organisations, voluntary bodies, non-governmental organisations (“NGOs”). |
Article 5
Community actions
1. The Integrated Programme shall comprise support for the following actions:
|
(a) |
the mobility of people in lifelong learning in Europe including support through grants for mobility and grants for the organisation of mobility to higher education institutions, promoters of mobility and enterprises sending and/or receiving persons (for example the organisation and management of projects and provisions necessary for high quality mobility); |
|
(b) |
bilateral and multilateral partnerships; |
|
(c) |
multilateral projects designed to develop and improve the quality of national education and training systems; |
|
(d) |
unilateral and national projects; |
|
(e) |
multilateral projects and networks; |
|
(f) |
observation and analysis of policies and systems in the field of lifelong learning, the establishment of reference material, including surveys, statistics, analyses and indicators, action to support transparency and recognition of qualifications and prior learning, and action to support cooperation in quality assurance and to support pilot projects to develop innovative approaches to increase the employability of learners within Europe ; |
|
(g) |
operating grants to support certain operational and administrative costs of organisations active in the field covered by the Integrated Programme; |
|
(h) |
other initiatives in line with the objectives of the Integrated Programme (“Accompanying Measures”). |
2. Community support may be awarded for preparatory and refresher visits in respect of any of the actions set out in this Article.
3. The Commission may organise such seminars, colloquia or meetings as are likely to facilitate the implementation of the Integrated Programme, and undertake appropriate information, publication and dissemination actions and actions to increase acceptance of the Programme, as well as programme monitoring and evaluation.
4. The actions referred to in this Article may be implemented by means of calls for proposals, calls for tenders, or directly by the Commission.
Article 6
Tasks of the Commission and the Member States
1. The Commission shall ensure the implementation of the Community actions provided for by the Integrated Programme.
2. The Member States shall
|
(a) |
take the necessary steps to ensure the effective and efficient running of the Integrated Programme at Member State level, involving all the parties concerned with all aspects of lifelong learning in accordance with national practice; |
|
(b) |
establish or designate and monitor an appropriate structure for the coordinated management of the implementation of the Integrated Programme actions at Member State level (national agencies), including budgetary management, in conformity with the provisions of Article 54(2)(c) of Regulation (EC, Euratom) No 1605/2002 and of Article 38 of Regulation (EC, Euratom) No 2342/2002, in accordance with the following criteria:
|
|
(c) |
take responsibility for the proper management by the national agencies referred to in sub-paragraph (b) above of credits transferred to national agencies to support projects, and in particular for the respect by national agencies of the principles of transparency and equality of treatment, of the avoidance of double-funding with other sources of Community funds, and of the obligation to monitor projects and to recover any funds due for reimbursement by beneficiaries; |
|
(d) |
take the necessary steps to ensure the appropriate audit and financial oversight of the national agencies referred to under sub-paragraph (b) above, and in particular:
|
|
(e) |
in the event of irregularity, negligence or fraud imputable to a national structure established or designated under sub-paragraph (b) above, and where this gives rise to claims by the Commission against the national agency which are not completely recovered, be responsible for the funds not recovered; |
|
(f) |
designate upon request from the Commission the learning providers or the types of learning providers to be considered eligible to participate in the Integrated Programme in their respective territories; |
|
(g) |
adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the Integrated Programme; |
|
(h) |
disseminate information about the programmes through the most appropriate media so as to make it more readily accessible to the specific groups at whom it is aimed; |
|
(i) |
take steps to ensure that potential synergies with other Community programmes and financial instruments and with other relevant programmes operating in the Member State in question are realised at Member State level. |
3. The Commission, in cooperation with the Member States, shall ensure
|
(a) |
the transition between the actions carried out within the context of the preceding programmes in the fields of education, training and lifelong learning and those to be implemented under the Integrated Programme; |
|
(b) |
the adequate protection of the Communities' financial interests, in particular by introducing effective, proportionate and dissuasive measures, administrative checks and penalties; |
|
(c) |
appropriate information, publicity and follow-up with regard to actions supported under the Integrated Programme. |
Article 7
Participation of third countries
1. The Integrated Programme shall be open to the participation of
|
(a) |
EFTA countries which are members of the EEA, in accordance with the conditions laid down in the EEA Agreement; |
|
(b) |
Turkey and the candidate countries of Central and Eastern Europe benefiting from a pre-accession strategy, in accordance with the general principles and general terms and conditions for the participation of these countries in Community programmes established in the respective Framework Agreement and Association Council Decisions; |
|
(c) |
the countries of the Western Balkans, in accordance with the provisions to be determined with those countries following the establishment of framework agreements concerning their participation in Community programmes; |
|
(d) |
the Swiss Confederation, on the basis of a bilateral agreement to be concluded with that country. |
2. Key activity 1 of the Jean Monnet programme referred to in Article 2(3)(a) shall also be open to higher education institutions in any other third country.
3. Third countries participating in the Integrated Programme shall be subject to all the obligations and will fulfil all the tasks set out in this Decision in relation to Member States.
Article 8
International cooperation
Under the Integrated Programme, and in accordance with Article 9, the Commission may cooperate with third countries and with the competent international organisations, in particular the Council of Europe, the Organisation for Economic Co-operation and Development (OECD) and the United Nations Educational, Scientific and Cultural Organization (Unesco).
Chapter II
Implementation of the Integrated Programme
Article 9
Implementing measures
1. The measures necessary for the implementation of the Integrated Programme relating to the following matters shall be adopted by the Commission, in accordance with the management procedure referred to in Article 10(2):
|
(a) |
the annual plan of work; |
|
(b) |
the annual budget and the distribution of funds between the Specific Programmes; |
|
(c) |
the arrangements for ensuring internal consistency within the Integrated Programme; |
|
(d) |
the arrangements for monitoring and evaluating the Integrated Programme and for the dissemination and transfer of results. |
2. The measures necessary for the implementation of all matters within Title I other than those specified in paragraph 1 of this Article shall be adopted in accordance with the advisory procedure referred to in Article 10(3).
Article 10
Committee
1. The Commission shall be assisted by a Committee, hereinafter referred to as “the Committee”.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article4(3) of Decision 1999/468/EC shall be set at two months.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
4. The Committee shall adopt its rules of procedure.
5. Member States may not be represented by persons employed in, or having operational responsibility for, national agencies referred to in Article 6(2)(b).
Article 11
Social partners
1. Whenever the Committee is consulted on any matter concerning the application of this Decision in relation to vocational education and training, representatives of the Social partners, appointed by the Commission on the basis of proposals from the European Social partners, may participate in the work of the Committee as observers. The number of such observers shall be equal to the number of representatives of the Member States.
2. Such observers shall have the right to request that their position be recorded in the minutes of the proceedings of the Committee.
Article 12
Horizontal issues
In implementing the Integrated Programme, due regard shall be paid to ensuring that it contributes fully to furthering the horizontal policies of the Community, in particular by:
|
(a) |
promoting an awareness of the importance of cultural and linguistic diversity and multiculturalism within Europe, as well as of the need to combat prejudice, racism and xenophobia; |
|
(b) |
making provision for learners with special needs, and in particular by helping to promote their integration into mainstream education and training; |
|
(c) |
promoting an awareness of the importance of contributing to sustainable economic development; |
|
(d) |
promoting equality between men and women and contributing to combating all forms of discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. |
Article 13
Joint Actions
As part of the process of building up a Europe of knowledge, the actions supported under the Integrated Programme may be implemented in accordance with the procedures referred to in Article 10(2) jointly with related Community programmes and actions, particularly those in the field of culture, the media, youth, research and development, employment, enterprise, environment and information and communication technologies.
Article 14
Consistency and complementarity
1. The Commission shall, in cooperation with the Member States, ensure overall consistency and complementarity with other relevant Community policies, instruments and actions, in particular with the European Social Fund, with the human resource and mobility actions of the Community's Framework Programme in research and development, and with the Community's statistical programme. The Commission shall ensure an efficient link-up between the Integrated Programme and the programmes and actions in the area of education and training undertaken within the framework of the Community's pre-accession instruments, other cooperation with third countries and the competent international organisations.
2. The Commission shall keep the Committee regularly informed about other relevant Community initiatives taken in the field of lifelong learning, including cooperation with third countries and international organisations.
3. In implementing actions under the Integrated Programme, the Commission and the Member States shall have regard to the priorities set out in the employment guidelines adopted by the Council, as part of a coordinated employment strategy.
4. In partnership with the European Social partners, the Commission shall endeavour to develop an appropriate coordination between the Integrated Programme and the Social dialogue at Community level, including at sectoral levels.
5. In implementing the Integrated Programme, the Commission shall secure the assistance as appropriate of the European Centre for the Development of Vocational Training (Cedefop) in areas related to its competence and in accordance with the arrangements set out in Regulation (EEC) No 337/75 of the Council (18). Where appropriate, the Commission may also secure the support of the European Training Foundation within the scope of its mandate and in accordance with the arrangements set out in Council Regulation (EEC) No 1360/90, of 7 May 1990 (19).
6. The Commission shall keep the Advisory Committee on Vocational Training regularly informed of relevant progress under the Leonardo da Vinci programme.
Chapter III
Financial provisions - Evaluation
Article 15
Funding
1. The indicative financial framework for the implementation of this Decision for the period of 7 years as from 1 January 2007 is set at EUR 14 377 million. Within this framework, the allocations to be committed to the Comenius, Erasmus, Leonardo da Vinci and Grundtvig programmes shall not be less than as set out in point B.9 of the Annex. Those allocations may be amended by the Commission in accordance with the procedures referred to in Article 10(2).
2. Up to 1 % of the budget of the Integrated Programme may be used to support the participation in partnership, project and network actions organised under the Integrated Programme of partners from third countries which do not participate in the Integrated Programme under the provisions of Article 7.
3. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
Article 16
Monitoring and evaluation
1. The Commission shall regularly monitor the Integrated Programme in cooperation with the Member States. This monitoring shall include the reports referred to in paragraph 4 and specific activities.
2. The Commission shall arrange for regular independent external evaluations of the Integrated Programme.
3. Member States shall submit to the Commission by 30 June 2010 and 30 June 2015, respectively, reports on the implementation and the impact of the Integrated Programme.
4. The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:
|
(a) |
an interim evaluation report on the results achieved and on the qualitative and quantitative aspects of the implementation of the Integrated Programme by 31 March 2011; |
|
(b) |
a communication on the continuation of the Integrated Programme by 31 December 2011; |
|
(c) |
an ex-post evaluation report by 31 March 2016. |
TITLE II
THE SPECIFIC PROGRAMMES
Chapter I
The Comenius programme
Article 17
Access to the Comenius programme
Within the framework of the Integrated Programme, the Comenius programme is aimed at:
|
(a) |
pupils in pre-school and school education up to the end of upper secondary education; |
|
(b) |
schools, as specified by Member States; |
|
(c) |
teaching, support and administrative staff within those schools; |
|
(d) |
associations and representatives of those involved in school education; |
|
(e) |
public and private organisations responsible for the organisation and delivery of education at local, regional and national levels; |
|
(f) |
research centres and bodies concerned with lifelong learning issues; |
|
(g) |
higher education institutions. |
Article 18
Operational objectives
In addition to the objectives of the Integrated Programme set out in Articles 1 and 2, the operational objectives of the Comenius programme shall be:
|
(a) |
to promote the convergence of the educational systems of Member States towards higher quality standards, in particular through the exchange and dissemination of good practice; |
|
(b) |
to increase the volume and improve the quality of exchanges involving pupils and educational staff in different Member States; |
|
(c) |
to increase the volume and improve the quality of partnerships between schools in different Member States, so as to involve at least 1 pupil in 15 in joint educational activities during the period of the programme; |
|
(d) |
to encourage the learning of foreign languages, that is to say, a second or additional foreign language; |
|
(e) |
to reinforce the quality and European dimension of teacher training; |
|
(f) |
to improve pedagogical approaches and school management. |
Article 19
Actions
1. The following actions may be supported by the Comenius programme:
|
(a) |
mobility of individuals as referred to in Article 5(1)(a). In arranging for or supporting the organisation of such mobility, the necessary preparatory measures shall be adopted and care shall be taken to ensure that adequate supervision and support is available for young people in mobility. Such mobility may include:
|
|
(b) |
development of partnerships as referred to in Article 5(1)(b) between:
|
|
(c) |
multilateral cooperation projects as referred to in Article 5(1)(e). They may include projects aimed at:
|
|
(d) |
networks as referred to in Article 5(1)(e). They may include networks aimed at:
|
|
(e) |
other initiatives aimed at promoting the objectives of the Comenius programme as referred to in Article 5(1)(h) (“Accompanying Measures”). |
2. The operational details of the actions referred to in paragraph 1 shall be decided in accordance with the procedure referred to in Article 10(2).
Article 20
Budget
Not less than 85 % of the budget available for the Comenius programme shall be devoted to support for mobility as referred to in Article 19(1)(a) and for Comenius partnerships as set out in Article 19(1)(b).
Article 21
Implementing measures
1. The measures necessary for the implementation of the Comenius programme relating to the following matters shall be adopted by the Commission in accordance with the management procedure referred to in Article 10(2):
|
(a) |
the annual plan of work; |
|
(b) |
the annual budget and the distribution of funds between the various actions of the Comenius programme; |
|
(c) |
the general guidelines for implementing the Comenius programme, the selection criteria and procedures; |
|
(d) |
the distribution of funds among the Member States for the actions to be managed through the “National agency procedure” set out in the Annex; |
|
(e) |
the arrangements for monitoring and evaluating the programme and for the dissemination and transfer of results. |
2. The measures necessary for the implementation of the Comenius programme relating to all matters other than those specified in paragraph 1 shall be adopted in accordance with the advisory procedure referred to in Article 10(3).
Chapter II
The Erasmus programme
Article 22
Access to the Erasmus programme
Within the framework of the Integrated Programme, the Erasmus programme is aimed at:
|
(a) |
students and trainees learning in all forms of higher education and advanced vocational education and training (ISCED levels 5 and 6); |
|
(b) |
higher education institutions, as specified by Member States; |
|
(c) |
teaching and administrative staff within those institutions; |
|
(d) |
associations and representatives of those involved in higher education, including relevant student, university, and teacher/trainer associations; |
|
(e) |
enterprises, social partners and other representatives of working life; |
|
(f) |
public and private organisations responsible for the organisation and delivery of education and training at local and regional levels; |
|
(g) |
research centres and bodies concerned with lifelong learning issues. |
Article 23
Operational objectives
In addition to the objectives of the Integrated Programme set out in Articles 1 and 2, the operational objectives of the Erasmus programme shall be:
|
(a) |
to increase the volume and improve the quality of student and teaching staff mobility throughout Europe, so as to contribute to the achievement by 2011 of at least 3 million individual participants in student mobility under the Erasmus and its predecessor programmes; |
|
(b) |
to increase the volume and improve the quality of multilateral cooperation between higher education institutions in Europe; |
|
(c) |
to increase the degree of convergence of higher education and advanced vocational education qualifications gained in Europe; |
|
(d) |
to foster co-operation between higher education institutions and enterprises. |
Article 24
Actions
1. The following actions may be supported by the Erasmus programme:
|
(a) |
mobility of individuals as referred to in Article 5(1)(a). Such mobility may include:
|
Support may also be awarded to the home and host higher education institutions or enterprises for action to ensure quality at all stages of the mobility arrangements, including preparatory and refresher language courses.
|
(b) |
joint projects as referred to in Article 5(1)(e), focusing inter alia on innovation and experimentation in the areas mentioned in the specific and operational objectives; |
|
(c) |
networks as referred to in Article 5(1)(e) run by consortia of higher education institutions and representing a discipline or a cross-disciplinary field, (“Erasmus thematic networks”) which aim to develop new learning concepts and competencies. Such networks may also include representatives from other public bodies or from enterprises or associations; |
|
(d) |
other initiatives aimed at promoting the objectives of the Erasmus programme, as referred to in Article 5(1)(h) (“Accompanying Measures”). |
2. Individuals participating in mobility under paragraph 1(a)(i) (“Erasmus students”) shall be:
|
(a) |
students in higher education institutions who, after completing at least their first year of studies, spend a study period in another Member State within the framework of the mobility Action of the Erasmus programme, regardless whether they have been awarded financial support under that programme. Such periods shall be fully recognised under the interinstitutional agreements between the sending and host institutions. The host institutions shall not charge tuition fees to such students; |
|
(b) |
students enrolled on Joint Masters programmes in a country other than the one in which they gained their Bachelor's degree; |
|
(c) |
students in higher education institutions taking part in placements in enterprises , public authorities or training centres. |
3. The operational details of the actions set out in paragraph 1 shall be decided following the procedure referred to in Article 10(2).
Article 25
Budget
Not less than 85 % of the budget available for the Erasmus programme shall be devoted to support for mobility as referred to in Article24(1)(a).
Article 26
Implementing measures
1. The measures necessary for the implementation of the Erasmus programme relating to the following matters shall be adopted by the Commission in accordance with the management procedure referred to in Article 10(2):
|
(a) |
the annual plan of work; |
|
(b) |
the annual budget and the distribution of funds between the various actions of the Erasmus programme; |
|
(c) |
the general guidelines for implementing the Erasmus programme, the selection criteria and procedures; |
|
(d) |
the distribution of funds among the Member States for the actions to be managed through the “National agency procedure” set out in the Annex; |
|
(e) |
the arrangements for monitoring and evaluating the programme and for the dissemination and transfer of results. |
2. The measures necessary for the implementation of the Erasmus programme relating to all matters other than those specified in paragraph 1 of this Article shall be adopted in accordance with the advisory procedure referred to in Article 10(3).
Chapter III
The Leonardo da Vinci programme
Article 27
Access to the Leonardo da Vinci programme
Within the framework of the Integrated Programme, the Leonardo da Vinci programme is aimed at:
|
(a) |
young people learning in all forms of vocational education and training up to the end of upper secondary education (up to ISCED level 3); |
|
(b) |
learners in continuing vocational education and training (ISCED level 4); |
|
(c) |
people in the labour market; |
|
(d) |
learning providers in the fields covered by the Leonardo da Vinci programme; |
|
(e) |
teaching and administrative staff within those learning providers; |
|
(f) |
associations and representatives of those involved in vocational education and training, including trainees', parents' and teachers' associations; |
|
(g) |
enterprises, social partners and other representatives of working life, including chambers of commerce and other trade organisations; |
|
(h) |
bodies providing guidance, counselling and information services relating to any aspect of lifelong learning; |
|
(i) |
persons and bodies responsible for systems and policies concerning any aspect of lifelong learning at local, regional and national level; |
|
(j) |
research centres and bodies concerned with lifelong learning issues; |
|
(k) |
non-profit-making organisations, voluntary bodies, NGOs. |
Article 28
Operational objectives
In addition to the objectives of the Integrated Programme set out in Articles 1 and 2, the operational objectives of the Leonardo da Vinci programme shall be:
|
(a) |
to increase the volume and to improve the quality of mobility throughout Europe of people involved in initial vocational education (for example combined initial vocational training arrangements including training as defined in Article 3 (8)) and in continuing training, so as to increase placements in enterprises to at least 150 000 per year by the end of the Integrated Programme. Individual participation by trainees in mobility programmes must be guaranteed in each Member State; |
|
(b) |
to increase the volume and to improve the quality of co-operation between learning providers, enterprises, social partners and other relevant bodies throughout Europe; |
|
(c) |
to facilitate the development of innovative practices in the fields of initial and continuing training and their transfer, including from one participating country to others; |
|
(d) |
to improve the transparency and recognition of qualifications and competences, including those acquired through non-formal and informal learning; |
|
(e) |
to facilitate measures seeking to improve in qualitative and quantitative terms placement opportunities for young people involved in alternating initial vocational training under an employment contract. |
Article 29
Actions
1. The following actions may be supported by the Leonardo da Vinci programme:
|
(a) |
mobility of individuals, as referred to in Article 5(1)(a). In arranging for or supporting the organisation of such mobility, the necessary preparatory measures shall be adopted and care shall be taken to ensure that adequate supervision and support is available for people in mobility. Such mobility may include:
|
|
(b) |
partnerships, as referred to in Article 5(1)(b), focusing on themes of mutual interest to the participating organisations; |
|
(c) |
multilateral projects, as referred to in Article 5(1)(c), in particular those aimed at improving training systems through the transfer of innovation involving the linguistic, cultural and legal adaptation to national needs of innovative products and processes developed in different contexts; |
|
(d) |
multilateral projects, as referred to in Article 5(1)(e), aimed at improving training systems through the development and transfer of innovation and good practice; |
|
(e) |
thematic networks of experts and organisations, as referred to in Article 5(1)(e), working on specific issues related to vocational education and training; |
|
(f) |
other initiatives aimed at promoting the objectives of the Leonardo da Vinci programme, as referred to in Article 5(1)(h) (“Accompanying Measures”). |
2. The operational details of such actions shall be decided following the procedure referred to in Article 10(2).
Article 30
Budget
Not less than 75 % of the budget available for the Leonardo da Vinci programme shall be devoted to support for mobility and partnerships as referred to in Article 29(1)(a) and (b).
Article 31
Implementing measures
1. The measures necessary for the implementation of the Leonardo da Vinci programme relating to the following matters shall be adopted by the Commission in accordance with the management procedure referred to in Article 10(2).
|
(a) |
the annual plan of work; |
|
(b) |
the annual budget and the distribution of funds between the various actions of the Leonardo da Vinci programme; |
|
(c) |
the general guidelines for implementing the Leonardo da Vinci programme, the selection criteria and procedures; |
|
(d) |
the distribution of funds among the Member States for the actions to be managed through the “National agency procedure” set out in the Annex; |
|
(e) |
the arrangements for monitoring and evaluating the programme and for the dissemination and transfer of results. |
2. The measures necessary for the implementation of the Leonardo da Vinci programme relating to all matters other than those specified in paragraph 1 of this Article shall be adopted in accordance with the advisory procedure referred to in Article 10(3).
Chapter IV
The Grundtvig programme
Article 32
Access to the Grundtvig programme
Within the framework of the integrated Programme, the Grundtvig programme is aimed at:
|
(a) |
learners in adult education; |
|
(b) |
learning providers in adult education; |
|
(c) |
teaching and administrative staff within those learning providers and other organisations involved in adult education; |
|
(d) |
establishments involved in the initial or further training of adult education staff |
|
(e) |
associations and representatives of those involved in adult education, including learners' and teachers' associations; |
|
(f) |
bodies providing guidance, counselling and information services relating to any aspect of adult education; |
|
(g) |
persons and bodies responsible for systems and policies concerning any aspect of adult education at local, regional and national level; |
|
(h) |
research centres and bodies concerned with adult education issues; |
|
(i) |
enterprises; |
|
(j) |
non-profit-making organisations, voluntary bodies, NGOs; |
|
(k) |
higher education institutions. |
Article 33
Operational objectives
in addition to the objectives of the integrated Programme set out in Articles 1 and 2, the operational objectives of the Grundtvig programme shall be:
|
(a) |
to increase the volume and to improve the quality of mobility throughout Europe of people involved in adult education, so as to support the mobility of at least 25 000 of such individuals per year by 2013; |
|
(b) |
to increase the volume and to improve the quality of co-operation between organisations involved in adult education throughout Europe; |
|
(c) |
to facilitate the development of innovative practices in adult education , skills assessment and accreditation of prior experience and their transfer, including from a participating country to others; |
|
(d) |
to ensure that people from vulnerable social groups and in marginal social contexts, in particular older people and those who have left education without basic qualifications or are lacking in literacy , are given alternative and readily accessible opportunities to take part in adult education; |
|
(e) |
to improve pedagogical approaches and the management of adult education organisations. |
Article 34
Actions
1. The following actions may be supported by the Grundtvig programme:
|
(a) |
mobility of individuals, as referred to in Article 5(1)(a). In arranging for or supporting the organisation of such mobility, the necessary preparatory measures shall be adopted and care shall be taken to ensure that adequate supervision and support is available for people in mobility. Such mobility may include visits, placements, assistantships and exchanges for participants in formal and non-formal adult education, including the training and professional development of adult education staff |
|
(b) |
partnerships, as referred to in Article 5(1)(b), known as “Grundtvig learning partnerships”, focusing on themes of mutual interest to the participating organisations; |
|
(c) |
multilateral projects, as referred to in Article 5(1)(e), aimed at improving adult education systems through the development and transfer of innovation and good practice; |
|
(d) |
thematic networks of experts and organisations, as referred to in Article 5(1)(e), known as “Grundtvig networks”, working in particular on:
|
|
(e) |
other initiatives aimed at promoting the objectives of the Grundtvig programme, as referred to in Article 5(1)(h) (“Accompanying Measures”). |
2. The operational details of such actions shall be decided following the procedure referred to in Article 10(2).
Article 35
Budget
Not less than 60 % of the budget available for the Grundtvig programme shall be devoted to support for mobility and partnerships as referred to in Article 34(1)(a) and (b).
Article 36
Implementing measures
1. The measures necessary for the implementation of the Grundtvig programme relating to the following matters shall be adopted by the Commission in accordance with the management procedure referred to in Article 10(2).
|
(a) |
the annual plan of work; |
|
(b) |
the annual budget and the distribution of funds between the various actions of the Grundtvig programme; |
|
(c) |
the general guidelines for implementing the Grundtvig programme, the selection criteria and procedures; |
|
(d) |
the distribution of funds among the Member States for the actions to be managed through the “National agency procedure” set out in the Annex, |
|
(e) |
the arrangements for monitoring and evaluating the programme and for the dissemination and transfer of results. |
2. The measures necessary for the implementation of the Grundtvig programme relating to all matters other than those specified in paragraph 1 shall be adopted in accordance with the advisory procedure referred to in Article 10(3).
Chapter V
The Transversal programme
Article 37
Operational objectives
In addition to the general objectives of the integrated Programme set out in Articles 1 and 2, the operational objectives of the transversal programme shall be:
|
(a) |
to support policy development at European level in lifelong learning, notably in the context of the Lisbon, Bologna and Copenhagen processes and their successors; |
|
(b) |
to ensure an adequate supply of comparable data, statistics and analyses to underpin lifelong learning policy development; |
|
(c) |
to monitor progress towards objectives and targets in lifelong learning, and to identify areas for particular attention; |
|
(d) |
to promote language learning and to support linguistic diversity in the Member States; |
|
(e) |
to support the development of innovative ICT-based content, services, pedagogies and practice for lifelong learning; |
|
(f) |
to ensure that the results of the integrated Programme are appropriately recognised, demonstrated and implemented on a wide scale. |
Article 38
Actions
1. The following actions may be supported under the key activity referred to in Article 2(2)(a):
|
(a) |
individual mobility, as referred to in Article 5(1)(a), including study visits for experts and officials designated by national, regional and local authorities, for directors of education and training establishments and guidance and experience accreditation services, and for social partners; |
|
(b) |
multilateral projects, as referred to in Article 5(1)(e), aimed at preparing and testing policy proposals developed at Community level; |
|
(c) |
multilateral cooperation networks, as referred to in Article 5(1)(e), of experts and/or institutions working together on policy issues. Such networks may include:
|
|
(d) |
observation and analysis of policies and systems in the field of lifelong learning, as referred to in Article 5(1)(f), which may include:
|
|
(e) |
action to support transparency and recognition of qualifications and competences including those acquired through non formal and informal learning, information and guidance on mobility for learning purposes, and cooperation in quality assurance, as referred to in Article 5(1)(f), which may include:
|
|
(f) |
other initiatives as referred to in Article 5(1)(h) (“Accompanying Measures”) aimed at promoting the objectives of the key activity referred to in Article 2(2)(a). |
2. The following strategic actions, designed to address teaching and learning needs at more than one lifestage, may be supported under the key activity referred to in Article 2(2)(b):
|
(a) |
multilateral projects, as referred to in Article 5(1)(e), aimed, inter alia, at:
|
|
(b) |
networks as referred to in Article 5(1)(e), in the field of language learning and linguistic diversity; |
|
(c) |
other initiatives in line with the objectives of the integrated Programme, as referred to in Article 5(1)(h), including activities to make language learning more attractive to learners through the mass media and/ or marketing, publicity and information campaigns, as well as conferences, studies and statistical indicators in the field of language learning and linguistic diversity. |
3. The following actions may be supported under the key activity referred to in Article 2(2)(c):
|
(a) |
multilateral projects, as referred to in Article 5(1)(e), aimed at the development and distribution of innovative methods, contents, services and environments; |
|
(b) |
networks as referred to in Article 5(1)(e), aimed at sharing and exchanging knowledge, experience and good practice; |
|
(c) |
other action aimed at improving lifelong learning policy and practice, as described in Article 5(1)(f), which may include mechanisms for evaluation, observation, benchmarking, quality improvement and the analysis of trends with respect to technology and pedagogy. |
4. The following actions may be supported under the key activity referred to in Article 2(2)(d):
|
(a) |
unilateral and national projects, as referred to in Article 5(1)(d); |
|
(b) |
multilateral projects, as referred to in Article 5(1)(e), aimed inter alia at:
|
|
(c) |
the establishment of reference material as referred to in Article 5(1)(f), which may include the collection of relevant statistical data and studies in the field of dissemination, the exploitation of results and the exchange of good practice. |
Article 39
Implementing measures
1. The measures necessary for the implementation of the transversal programme relating to the following matters shall be adopted by the Commission in accordance with the management procedure referred to in Article 10(2):
|
(a) |
the annual plan of work, and the selection criteria and procedures; |
|
(b) |
the annual budget and the distribution of funds between the various actions of the transversal programme; |
|
(c) |
the guidelines for implementing the transversal programme and its key activities; |
|
(d) |
the distribution of funds among the Member States for the actions to be managed through the “National agency procedure” set out in the Annex, |
|
(e) |
the arrangements for monitoring and evaluating the programme and for the dissemination and transfer of results. |
2. The measures necessary for the implementation of the transversal programme relating to all matters other than those specified in paragraph 1 shall be adopted in accordance with the advisory procedure referred to in Article 10(3).
Chapter VI
The Jean Monnet programme
Article 40
Access to the Jean Monnet programme
Within the framework of the integrated Programme and the Annex, the Jean Monnet programme is aimed at:
|
(a) |
students and researchers in the field of European integration in all forms of higher education (ISCED levels 5 and 6) within and outside the Community; |
|
(b) |
higher education institutions within and outside the Community; |
|
(c) |
teaching and administrative staff within those institutions; |
|
(d) |
associations and representatives of those involved in education and training within and outside the Community; |
|
(e) |
public and private organisations responsible for the organisation and delivery of education and training at local and regional levels; |
|
(f) |
research centres and bodies concerned with issues relating to European integration within and outside the Community. |
Article 41
Operational objectives
In addition to the general objectives of the integrated Programme set out in Articles 1 and 2, the operational objectives of the Jean Monnet programme shall be:
|
(a) |
to stimulate excellence in teaching, research and reflection in European integration studies in higher education institutions within and outside the Community; |
|
(b) |
to enhance knowledge and awareness among specialist academics and among European citizens generally of issues relating to European integration; |
|
(c) |
to support key European institutions dealing with issues relating to European integration; |
|
(d) |
to support the existence of high-quality European associations active in the fields of education and training. |
Article 42
Actions
1. The following actions may be supported under the key activity referred to in Article 2(3)(a):
|
(a) |
unilateral and national projects, as referred to in Article 5(1)(d), which may include:
|
|
(b) |
multilateral projects and networks, as referred to in Article 5(1)(e), which may include support for the establishment of multilateral research groups in the field of European integration. |
2. Operating grants as referred to in Article 5(1)(g) to support certain operational and administrative costs of the following institutions pursuing an aim of European interest may be awarded under the key activity referred to in Article 2(3)(b):
|
(a) |
the College of Europe (Bruges and Natolin campuses); |
|
(b) |
the European University Institute, Florence; |
|
(c) |
the European Institute of Public Administration, Maastricht; |
|
(d) |
the Academy of European Law, Trier; |
|
(e) |
the Europa-Institut of the University of Saarland; |
|
(f) |
the International Centre for European Training (CIFE), Nice; |
|
(g) |
the European Inter-University Centre for Human Rights and Democratisation, Venice, |
|
(h) |
the European Agency for Development in Special Needs Education, Middelfart. |
3. Under the key activity referred to in Article 2(3)(c), operating grants as referred to in Article 5(1)(g) may be awarded to support certain operational and administrative costs of European institutions or associations active in the fields of education and training. Institutions eligible for such operating grants shall be selected on the basis of an invitation to submit proposals.
4. Grants may be awarded on an annual basis or on a renewable basis within a framework partnership agreement with the Commission.
Article 43
Budget
Not less than 25 % of the budget available for the Jean Monnet programme shall be devoted to support for the key activity referred to in Article 2(3)(a), not less than 48% to the key activity referred to in Article 2 (3) (b), and not less than 17% to the key activity referred to in Article 2(3)(c).
Article 44
Implementing measures
1. The measures necessary for the implementation of the Jean Monnet programme relating to the following matters shall be adopted by the Commission in accordance with the management procedure referred to in Article 10(2):
|
(a) |
the annual plan of work, and the selection criteria and procedures; |
|
(b) |
the annual budget and the distribution of funds between the various actions of the Jean Monnet programme; |
|
(c) |
the guidelines for implementing the Jean Monnet programme and its key activities; |
|
(d) |
the arrangements for monitoring and evaluating the programme and for the dissemination and transfer of results. |
2. The measures necessary for the implementation of the Jean Monnet programme relating to all matters other than those specified in paragraph 1 shall be adopted in accordance with the advisory procedure referred to in Article 10(3).
TITLE III
TRANSITIONAL AND FINAL PROVISIONS
Article 45
Transitional provision
Actions which are initiated on or before 31 December 2006 on the basis of Decision 1999/382/EC, of Decision No 253/2000/EC, of Decision No 2318/2003/EC, of Decision No 791/2004/EC or of Decision No 2241/2004/EC, shall be administered in conformity with those Decisions, except that the committees established by those Decisions shall be replaced by the committee established by Article 10 of this Decision.
Article 46
Entry into force
This Decision shall enter into force on the 20th day following the date of its publication in the Official Journal of the European Union.
Done at ..., on ...
For the European Parliament
The President
For the Council
The President
(1) OJ C 221, 8.9.2005, p. 134 .
(2) OJ C 164, 5.7.2005, p. 59 .
(3) Position of the European Parliament of 25 October 2005.
(4) OJ L 146, 11.6.1999, p. 33. Decision as last amended by Regulation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1).
(5) OJ L 28, 3.2.2000, p. 1. Decision as last amended by Regulation (EC) No 885/2004.
(6) OJ L 345, 31.12.2003, p. 9.
(7) OJ L 138, 30.4.2004, p. 31.
(8) OJ L 390, 31.12.2004, p. 6 .
(9) OJ L 345, 31.12.2003, p. 1.
(10) OJ C 163, 9.7.2002, p. 1.
(11) OJ C 272 E, 13.11.2003, p. 449.
(12) OJ C 13, 18.1.2003, p. 2.
(13) OJ C 293 E, 28.11.2002, p. 103.
(14) OJ L 248, 16.9.2002, p. 1.
(15) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).
(16) OJ C 172, 18.6.1999, p. 1.
(17) OJ L 184, 17.7.1999, p. 23.
(18) OJ L 39, 13.2.1975, p. 1 . Regulation as last amended by Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1).
(19) OJ L 131, 23.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 1648/2003 (OJ L 245, 29.9.2003, p. 22).
ANNEX
ADMINISTRATIVE AND FINANCIAL PROVISIONS
A. Administrative Provisions
Procedures for the proposal and selection of the activities contained in the Integrated Programme are as follows:
1. National agency procedure
1.1. Procedure 1
The following actions, under which the selection decisions are taken by the appropriate national agencies, shall be managed through the “National agency procedure 1”:
|
(a) |
the trans-national mobility of people in lifelong learning in Europe, as referred to in Article 5(1)(a); |
|
(b) |
bilateral and multilateral partnerships, as referred to in Article 5(1)(b); |
|
(c) |
unilateral and national projects, as referred to in Article 5(1)(d), where these are funded under Article 38 (4) (a). |
Requests for financial assistance under these actions shall be submitted to the appropriate national agencies designated by the Member States in accordance with Article 6(2)(b). The national agencies shall carry out the selection and allocate financial assistance to the applicants selected in accordance with the general guidelines to be established under Articles 9, 21, 26, 31, 36 and 39. The national agencies shall distribute grants to beneficiaries located in their respective Member States. Each partner in a bilateral or multilateral partnership shall receive funding directly from its respective national agency.
1.2. Procedure 2
The following action, under which the selection decisions are taken by the Commission, but evaluation and contracting procedures are undertaken by the appropriate national agencies, shall be managed through the “National agency procedure 2”:
|
— |
multilateral projects, as referred to in Article 5(1)(c). |
Requests for financial assistance under this action shall be submitted to the national agency designated by the Member State of the coordinator of the project in accordance with Article 6(2)(b). The national agency of the Member State of the coordinator of the project shall carry out the evaluation of applications and submit to the Commission a shortlist of applications which it proposes to accept. The Commission shall decide upon the shortlist proposed, following which the National Agency shall allocate the appropriate financial assistance to the applicants selected in accordance with the general guidelines to be established under Article 31. Before submitting the shortlist to the Commission, the national agency of the country in which the project is coordinated shall liaise with those in the countries of all the other project partners. The national agencies shall distribute grants to selected project coordinators located in their respective Member States, which shall be responsible for distributing the funds to the partners involved in the projects.
2. Commission procedure
The following actions, under which project proposals are submitted to the Commission and the selection decisions are taken by the Commission, shall be managed through the “Commission procedure”:
|
(a) |
unilateral and national projects, as referred to in Article 5(1)(d), except those funded under Article 38 (4) (a); |
|
(b) |
multilateral projects and networks, as referred to in Article 5(1)(e); |
|
(c) |
observation and analysis of policies and systems in the field of lifelong learning, the establishment of reference material, including surveys, statistics, analyses and indicators, and action to support transparency and recognition of qualifications and prior learning, as referred to in Article 5(1)(f); |
|
(d) |
operating grants, as referred to in Article 5(1)(g); |
|
(e) |
other initiatives in line with the objectives of the Integrated Programme, (“Accompanying Measures”) as referred to in Article 5(1)(h). |
Requests for financial assistance under these actions shall be submitted to the Commission, which shall carry out the selection and allocate financial assistance to the applicants selected in accordance with the general guidelines to be established under Articles 9, 21, 26, 31, 36, 39 and 44.
B. Financial Provisions
The Commission shall ensure that the financial and administrative requirements placed on beneficiaries of grants awarded under the integrated Programme are proportionate to the level of the grant. In particular, the Commission shall ensure that the financial rules and the application and reporting requirements for individual mobility and for partnerships remain user-friendly and sufficiently simple not to restrict access for less advantaged individuals and the institutions or organisations that work with them.
The Commission shall provide the national agencies with criteria which they shall follow with regard to selection and award procedures, as well as contract, payment and audit arrangements, for the funds they manage. These criteria shall take into account the size of the grants made; where grants amount to less than EUR 25 000 they shall provide for simplified systems at all stages involving applicants or beneficiaries. They shall enable national agencies to determine and limit the detail required from applicants for grants and to issue contracts following the award of grants on a simplified basis including only the following elements:
|
— |
the contracting parties |
|
— |
the duration of the contract, which shall be the period of eligibility of the expenditure |
|
— |
the maximum amount of finding awarded |
|
— |
a summary description of the action involved |
|
— |
reporting and audit access requirements. |
They shall also enable national agencies to allow co-financing provided by beneficiaries to take the form of contributions in kind. These shall be verifiable as to fact, but need not be subject to financial evaluation.
1. Actions managed through the National agency procedure
1.1. The Community funds intended to provide financial support under the actions to be managed through the National agency procedure in accordance with Section A Point 1 of this Annex are to be allocated among the Member States in accordance with formulae determined by the Commission in accordance with Article 10(2), which may include elements such as the following:
|
(a) |
a minimum amount allocated to each Member State, to be determined in accordance with budgetary availability for the action concerned; |
|
(b) |
the remainder will be allocated to the various Member States on the basis of:
|
1.2. The Community funds thus distributed shall be administered by the national agencies provided for in Article 6(2)(b).
1.3. The Commission, acting in cooperation with the Member States, shall take the necessary measures to encourage balanced participation at Community, national and, where appropriate, regional level and, where appropriate, across the various fields of study. The proportion allocated to these measures shall not exceed 5 % of the annual budget for financing each of the actions in question.
2. Designation of beneficiaries
The institutions listed in Article 42(2) of this Decision are hereby designated beneficiaries of grants under the Integrated Programme, in accordance with Article 168 of Regulation (EC, Euratom) No 23422002.
The constituent national units of the NARIC network, the Eurydice network, the Euroguidance network, the National Reference Points for Vocational Qualifications and the Europass National Centres act as instruments to implement the programme at national level, in conformity with the provisions of Article 54(2)(c) of Regulation (EC, Euratom) No 1605/2002 and of Article 38 of Regulation (EC, Euratom) No 2342/2002.
3. Types of beneficiary
In accordance with Article 114(1) of Regulation (EC, Euratom) No 1605/2002, grants may be awarded to natural persons. These may take the form of scholarships.
4. Flat-rate grants, scales of unit costs and prizes
Flat-rate grants and/or scales of unit costs, as provided for in Article 181(1) of Regulation (EC, Euratom) No 23422002 may be used in the case of the actions referred to in Article 5.
Flat rate grants may be used up to a maximum of EUR 25 000 per grant. They may be combined up to a maximum of EUR 100 000 or used in conjunction with scales of unit costs.
The Commission may provide for the award of prizes in relation to activities undertaken in the framework of the integrated Programme.
5. Public learning providers
All schools and higher education institutions specified by Member States, and all learning providers who have received more than 50 % of their annual revenues from public sources over the previous two years, or who are controlled by public bodies or their representatives, shall be treated by the Commission as having the necessary financial, professional and administrative capacity, together with the necessary financial stability, to carry out projects under this programme; they shall not be required to produce further documentation to demonstrate this.
6. Bodies pursuing an objective of general European interest
Where operating grants are awarded under this programme to bodies pursuing an objective of general European interest as defined in Article 162 of Regulation (EC, Euratom) No 23422002, these shall, in accordance with Article 113(2) of Regulation (EC, Euratom) No 16052002, not be subject on renewal to the principle of gradual decrease.
7. Applicants' professional competencies and qualifications
The Commission may decide in accordance with Article 176(2) of Regulation (EC, Euratom) No 23422002 that specified categories of beneficiaries have the professional competencies and qualifications required to complete the proposed action or work plan.
8. Participation of partners from third countries
Partners from third countries may participate in multilateral projects, networks or partnerships under the terms of Article 15(2) at the discretion of the Commission or the national agency concerned. The decision whether to support such partners shall be based on the degree of added value at European level likely to result from their participation in the project, network or partnership in question.
9. Minimum allocations
Subject to Article 15, the minimum allocations to sectoral programmes shall be, in relation to the financial framework set out in that Article:
Comenius 12 %
Erasmus 41 %
Leonardo da Vinci 23 %
Grundtvig 3%
10. National Agencies
Community financial assistance shall be provided to support the activities of the national agencies established or designated by the Member States in accordance with Article 6(2)(b). Such assistance may be provided in the form of operating grants and shall not exceed 50 % of the total eligible costs of the approved work programme of the national agency.
In accordance with Article 38(1) of Regulation (EC, Euratom) No 23422002, the function of National Agency may, in third countries participating in the Integrated Programme by virtue of Article 7(1), be discharged by public-sector bodies or private-law bodies with a public-service mission governed by the law of the country concerned.
In accordance with the principle of proportionality, certification and reporting requirements will be kept to the appropriate minimum necessary level.
11. Technical assistance
The budgetary envelope of the integrated Programme may also cover expenditure related to preparatory actions, monitoring, control, audit and evaluation directly necessary for the implementation of the programme and for the achievement of its objectives. These may in particular include studies, meetings, information activities, publications, expenditure on computer networks for the exchange of information and any other expenditure on technical and administrative assistance to which the Commission may need to have recourse for the implementation of the programme.
12. Anti-fraud provisions
Commission decisions taken under Articles 9, 21, 26, 31, 36, 39 and 44, the contracts and agreements resulting from them, as well as agreements with participating third countries, shall provide in particular for supervision and financial control by the Commission (or any representative authorized by it), including by the European Anti-Fraud Office (OLAF), and for audits by the Court of Auditors, if necessary on-the-spot. Such controls may be carried out with national agencies, as well, where necessary, as with recipients of grants.
The beneficiary of an operating grant shall keep available for the Commission all the supporting documents, including the audited financial statement, regarding expenditure incurred during the grant year, for a period of five years following the last payment. The beneficiary of a grant shall ensure that, where applicable, supporting documents in the possession of partners or members be made available to the Commission.
The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the agreement and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.
Commission staff and outside personnel authorised by the Commission shall have appropriate right of access, in particular to the beneficiary's offices and to all the information, including information in electronic format, needed in order to conduct such audits.
The Court of Auditors and OLAF shall enjoy the same rights, especially of access, as the Commission.
In addition, the Commission may carry out on-the-spot checks and inspections under this programme in accordance with Council Regulation (Euratom, EC) No 218596 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (1).
For the Community actions financed under this decision, the notion of irregularity referred to in Article 1(2) of Council Regulation (EC, Euratom) No 298895 of 18 December 1995 on the protection of the European Communities financial interests (2) shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by a legal entity, which has, or would have, the effect of prejudicing the general budget of the Communities or budgets managed by them, by an unjustified item of expenditure.
P6 TA(2005)0396
Youth in Action ***I
European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council on creating the “Youth in action” programme for the period 2007-2013 (COM(2004)0471 — C6-00962004 — 2004/0152(COD))
(Codecision procedure: first reading)
The European Parliament,
|
— |
having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0471) (1), |
|
— |
having regard to Article 251(2) and Article 149(4) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-00962004), |
|
— |
having regard to Rule 51 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Culture and Education and the opinions of the Committee on Foreign Affairs, the Committee on Budgets, the Committee on Budgetary Control, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A6-02632005), |
|
1. |
Approves the Commission proposal as amended; |
|
2. |
Makes clear that the appropriations indicated in the Commission proposal are purely indicative and will be determined by the decision on the next multiannual financial framework; |
|
3. |
Calls on the Commission, once the next multiannual financial framework has been adopted, and if appropriate, to submit a proposal for an adjustment of the financial reference amounts; |
|
4. |
Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
|
5. |
Instructs its President to forward its position to the Council and Commission. |
(1) Not yet published in OJ.
P6 TCl-COD(2004)0152
Position of the European Parliament adopted at first reading on 25 October 2005 with a view to the adoption of Decision No .../2005/EC of the European Parliament and of the Council creating the “Youth in action” programme for the period 2007-2013
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community and in particular Article 149(4) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the procedure in Article 251 of the Treaty (3),
Whereas:
|
(1) |
The Treaty establishes citizenship of the Union and provides that Community action in the field of education, vocational training and youth shall be aimed, primarily, at encouraging the development of youth exchanges, exchanges of qualified operatives in youth work and youth organisations and quality education. |
|
(2) |
The European Union is founded on the principles of freedom, democracy, respect for human rights and fundamental freedoms, equality between women and men and anti discrimination, and the promotion of young people's active citizenship should contribute to the development of these values. |
|
(3) |
Decision No 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 established the “Youth” Community action programme (4). It is appropriate to pursue and strengthen cooperation and EU action in that field on the basis of the experience acquired from that programme. |
|
(4) |
Decision No 790/2004/EC of the European Parliament and of the Council of 21 April 2004 (5) established a Community action programme to promote bodies active at European level in the field of youth. |
|
(5) |
The extraordinary European Council held in Lisbon on 23 and 24 March 2000 established a strategic objective for the Union including an active employment policy giving greater priority to lifelong learning, complemented by the sustainable development strategy of the Gothenburg European Council of 15 and 16 June 2001. |
|
(6) |
The Laeken Declaration annexed to the Presidency Conclusions of the European Council of 14 and 15 December 2001 asserts that one of the basic challenges to be resolved by the European Union is how to bring citizens, and primarily young people, closer to the European design and the European institutions. |
|
(7) |
On 21 November 2001 the Commission adopted a White Paper on “A new impetus for European youth”, which proposes a cooperation framework in the field of youth to focus on participation, information, voluntary activities and a greater understanding of young people. The European Parliament adopted these proposals in its resolution of 14 May 2002 (6). |
|
(8) |
The Resolution of the Council and of the representatives of the Governments of the Member States meeting within the Council of 27 June 2002 (7) establishes, in particular, an open method of coordination covering the priorities, participation, information, voluntary activities among young people and greater understanding of youth; this should be taken into account in the implementation of this programme. |
|
(9) |
The Council, in its conclusions of 6 May 2003 (8), stresses the need to maintain and develop the existing Community instruments specifically addressed to young people, as they are essential for the development of Member States' cooperation in the field of youth, and, moreover, that the priorities and objectives of those instruments should be aligned with the Framework of European Cooperation in the field of Youth. |
|
(10) |
The Community's action includes a contribution to high quality education and training and must seek to eliminate inequalities and promote equality between women and men , pursuant to Article 3 of the Treaty. |
|
(11) |
The special needs of people with disabilities should be addressed. |
|
(12) |
There is a need to promote active citizenship and , when implementing the action lines, to step up the fight against exclusion and discrimination in all their forms, including those on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, in accordance with Article 13 of the Treaty . |
|
(13) |
The candidate countries and those EFTA countries which are parties to the EEA Agreement are recognised as potential participants in Community programmes, in accordance with the agreements concluded with them. |
|
(14) |
The Thessaloniki European Council of 19 and 20 June 2003 adopted the “Thessaloniki Agenda for the Western Balkans: moving towards European integration”, which provides that Community programmes should be open to countries forming part of the Stabilisation and Association process, on the basis of framework agreements to be signed between the Community and those countries. |
|
(15) |
Steps should be taken with a view to opening up the programme to Switzerland. |
|
(16) |
The Barcelona Declaration adopted at the Euro-Mediterranean conference in 1995 states that youth exchanges should be the means to prepare future generations for closer cooperation between the Euro-Mediterranean partners on the basis, inter alia, of universal human values . |
|
(17) |
The Council, in its conclusions of 16 June 2003, on the basis of the Commission communication entitled “Wider Europe - Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours”, sets out as action lines for the EU the stepping-up of cultural cooperation, mutual understanding and cooperation in the area of education and training with the neighbouring countries. |
|
(18) |
The interim evaluation reports of the existing Youth programme and the public consultation on the future of Community activity in education, training and youth reveal a strong and in some respects growing need for continuing cooperation and mobility in the youth field at European level, and press for a simpler, more user-friendly and more flexible approach to implementing such action. |
|
(19) |
The programme hereby created should be regularly monitored and evaluated in cooperation between the Commission and the Member States in order to allow for readjustments, particularly in the priorities for implementing the measures. |
|
(20) |
It is necessary to provide sufficient flexibility in the formulation of the legal base for the programme to allow for appropriate adjustments in the actions to respond to changing needs during the period 2007 to 2013, and to avoid the excessively detailed provisions of previous programmes, so this Decision is deliberately limited to generic definitions of actions and their essential accompanying administrative and financial provisions. |
|
(21) |
It is necessary to provide for specific arrangements for the application of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (9) and its implementing measures, as well as for the derogations from those texts necessitated by the features of the participants and the nature of the actions. |
|
(22) |
Appropriate measures must be implemented to prevent irregularities and fraud and to recover funds lost or incorrectly paid or used. |
|
(23) |
This Decision establishes a budget for the entire duration of the programme which is, for the budgetary authority, the principal point of reference, within the meaning of point 33 of 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 (10). |
|
(24) |
Since the objectives of the programme cannot be sufficiently achieved by the Member States acting individually inasmuch as multilateral partnerships, transnational mobility measures and an exchange of information at European level are required, and can therefore, by reason of the transnational and multilateral dimension of the programme's actions and measures, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. |
|
(25) |
The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11). |
|
(26) |
Provisional measures to monitor actions started before 31 December 2006 should be adopted, pursuant to Decision No 1031/2000/EC and Decision No 790/2004/EC. |
HAVE DECIDED AS FOLLOWS:
Article 1
Establishment of the programme
1. This Decision establishes the Youth in action programme of Community action, hereinafter referred to as “the programme”, the aim of which is to develop cooperation in the field of youth in the European Union.
2. This programme shall start on 1 January 2007 and end on 31 December 2013.
Article 2
General objectives of the programme
1. The general objectives of the programme are:
|
(a) |
to promote young people's active citizenship in general and their European citizenship in particular; |
|
(b) |
to develop solidarity and promote tolerance among young people in response to diversity , in particular in order to reinforce social cohesion in the European Union; |
|
(c) |
to foster mutual understanding between young people from different countries ; |
|
(d) |
to contribute to developing the quality of support systems for youth activities and the capabilities of civil society organisations in the youth field; |
|
(e) |
to promote European cooperation in youth policies, taking due account of local and regional aspects. |
2. The general objectives of the programme complement the objectives pursued in other areas of the European Union's action, in particular in the field of education and vocational training in the context of a Europe of knowledge and of lifelong learning as well in in the fields of culture and sport.
3. The general objectives of the programme shall contribute to the development of the Union's policies, in particular with regard to the recognition of cultural , multicultural and linguistic diversity in Europe, to combating all discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation, and with regard to sustainable development.
Article 3
Specific aims of the programme
The specific objectives are as follows:
|
1. |
In the context of the general objective of promoting young people's active citizenship in general and their European citizenship in particular:
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|
2. |
In the context of the general objective of developing solidarity and promoting tolerance among young people in response to diversity , in particular in order to reinforce social cohesion in the Union:
|
|
3. |
In the context of the general objective of fostering mutual understanding between young people from different countries :
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|
4. |
In the context of the general objective of contributing to developing the quality of support systems for youth activities and the capabilities of civil society organisations in the youth field:
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|
5. |
In the context of the general objective of promoting European cooperation in youth policies , taking due account of local and regional aspects :
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Article 4
Actions
The specific and general objectives shall be pursued through the actions specified below, details of which can be found in the Annex.
|
1) |
Youth for Europe The aim of this action is to support exchanges of young people in order to increase their mobility and to support youth initiatives and projects and activities concerning participation in democratic life, in order to develop young people's citizenship and mutual understanding. |
|
2) |
European Voluntary Service The aim of this action is to step up young people's participation in various forms of voluntary activities, both within and outside the European Union. |
|
3) |
Youth in the World The aim of this action is to support projects with the partner countries mentioned in Article 5 below, in particular exchanges of young people and qualified operatives in youth work and youth organisations , and to support initiatives that reinforce young people's mutual understanding and sense of solidarity and tolerance and the development of cooperation in the field of youth and civil society in those countries. |
|
4) |
Qualified operatives in youth work and youth organisations and support systems The aim of this action is to support bodies active at European level in the field of youth, in particular the operation of youth NGOs, their networking, support for those who propose projects to help them organise European youth projects and ensure quality by means of the exchange, training and networking of qualified operatives in youth work and youth organisations , encouraging innovation and quality, providing young people with information, developing the structures and activities needed for the programme to meet these goals and encouraging partnerships with local and regional authorities . |
|
5) |
Support for policy cooperation The aim of this action is to organise dialogue between the various actors in the field of youth, in particular the young people themselves, qualified operatives in youth work and youth organisations and policymakers, to support the holding of youth seminars on social, cultural and political issues in which young people are interested, to contribute to the development of policy cooperation in the youth field and to take the necessary steps and establish the networks necessary to better understand youth. |
Article 5
Participation in the programme
1. The programme is open to the participation of the following countries, hereinafter known as the “participating countries”:
|
(a) |
the Member States; |
|
(b) |
the EFTA States that are party to the EEA Agreement, in accordance with the provisions of that Agreement; |
|
(c) |
Turkey and the candidate countries of central and eastern Europe benefiting from a pre-accession strategy, pursuant to the general principles and the general conditions and arrangements for the participation of those countries in Community programmes laid down in the framework agreement and the decisions of the Association Councils respectively; |
|
(d) |
the countries of the western Balkans, in accordance with the arrangements to be established with those countries following the framework agreements to be established for their participation in Community programmes; |
|
(e) |
Switzerland, subject to the conclusion of a bilateral agreement with that country. |
2. The actions in points 2.1, 2.2 and 3 of the Annex are open to cooperation with countries that have signed association or cooperation agreements with the European Community, hereinafter known as “partner countries”.
This cooperation shall be based, where relevant, on additional appropriations to be made available in accordance with procedures to be agreed with those partner countries.
Article 6
Access to the programme
1. The programme is intended for young people, groups of young people, qualified operatives in youth work and youth organisations , youth organisations and other partners working in the field of youth.
2. Without prejudice to the arrangements in the Annex for the implementation of actions, the programme is intended for young people aged between 13 and 30. However, the main target group should be young people aged between 15 and 28.
3. Participants must be legal residents of a country participating in the programme or, depending on the nature of the action, a partner country.
4. All young people, without discrimination, must be able to have access to the activities of the programme, subject to the provisions of the Annex. The Commission and the partner countries will ensure that particular efforts are made with regard to young people who, for educational, social, physical, psychological, economic, cultural or geographical reasons, have particular difficulties taking part in the programme.
5. The participating countries shall take appropriate measures to remove obstacles to the mobility of participants, so that the latter have access to health care, retain their social protection and are able to travel and reside in the host country. This applies in particular to the rights of entry, residence and free movement. Countries participating in the programme shall, if necessary, take appropriate measures to ensure that participants from third countries are admitted to their territory , so as to prevent any form of discrimination and provide assistance for people with disabilities .
Article 7
International cooperation
The programme is also open to cooperation with international organisations with authority in the field of youth, in particular the Council of Europe.
Article 8
Implementation of the programme
1. The Commission shall ensure the implementation of the actions covered by this programme in accordance with the Annex.
2. The Commission and the participating countries shall take appropriate measures to develop structures at European, national and, if necessary, regional or local level to achieve the objectives of the programme and to derive the greatest benefit from the actions of the programme.
3. The Commission and the participating countries shall take appropriate measures to promote the recognition of non-formal and informal education for young people, in particular via the issue of a national or European-level document or certificate recognising, in particular, the experience gained by the participants and attesting to the direct participation of the young people or qualified operatives in youth work and youth organisations in an action under the programme. This aim may be reinforced by complementing other Community actions as provided for in Article 11.
4. The Commission and participating countries shall consult the European Parliament, young people, youth organisations and other organisations entrusted with project implementation with a view to defining the programme's aims and its evaluation.
5. The Commission and the participating countries shall protect the financial interests of the Union by taking effective, proportionate and dissuasive measures.
6. The Commission and the participating countries shall ensure that the actions supported under the programme are properly publicised.
7. The participating countries must:
|
(a) |
take the necessary measures to ensure that the programme runs smoothly at their level, involving the parties concerned with the various aspects of youth in accordance with national practice; |
|
(b) |
create/appoint and monitor the national agencies in the implementation of the programme actions at national level, pursuant to Article 54(2), point (c) of Regulation (EC, Euratom) No 1605/2002. The following criteria must be respected:
|
|
(c) |
assume responsibility for the sound management by the national agencies referred to in b) above of the appropriations transferred to them to be awarded to projects. In particular, they are responsible for ensuring that the national agencies comply with the principles of transparency, equal treatment and non-cumulation vis-à-vis other Community funds, and for the obligation to recover any funds due from the beneficiaries; |
|
(d) |
take the necessary measures to audit and monitor the finances of the national agencies referred to in b) above, and in particular:
|
|
(e) |
comply with the principle of proportionality as regards the documents and additional information to be supplied, in particular in connection with the criteria laid down in points (b) (vii) and (d); |
|
(f) |
assume responsibility for any funds not recovered in the event of any irregularity, negligence or fraud on the part of the national agency referred to in b) above which leads the Commission to seek recovery of funds from the national agency. |
8. As part of the procedure mentioned in Article 9(1), the Commission may draw up guidelines for each of the actions in the Annex in order to adapt the programme to any changes of priority in European cooperation in the field of youth.
9. The Commission shall set up a database for the documents referred to in paragraph 7, point (d).
Article 9
Implementation measures
1. The measures necessary for the implementation of this Decision relating to the following matters shall be adopted in accordance with the management procedure referred to in Article 10(2):
|
(a) |
the arrangements for the implementation of the programme, including the annual work plan; |
|
(b) |
the general balance between the various actions of the programme; |
|
(c) |
with regard to the funding, the criteria (e.g. youth population, GDP and geographical distance between countries) applicable for establishing the indicative breakdown of funds among the Member States for the purpose of the actions to be managed on a decentralised basis; |
|
(d) |
the arrangements for evaluating the programme; |
|
(e) |
the arrangements for certifying the participation of the young people concerned; |
|
(f) |
the arrangements for adapting the actions of the programme mentioned in Article 8(8). |
2. The measures necessary for the implementation of this Decision relating to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 10(3).
Article 10
Committee
1. The Commission shall be assisted by a committee comprising representatives of the Member States and chaired by the representative of the Commission.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
4. The committee shall adopt its rules of procedure.
Article 11
Complementarity with other Community actions
1. The Commission shall ensure complementarity between this programme and other areas of Community action, especially education, vocational training, culture, sport, languages, social inclusion, gender equality, combating discrimination, research, enterprise and the Union's external action.
2. The programme may share resources with other Community instruments in order to implement actions meeting the objectives of both this programme and those instruments.
3. The Commission and the Member States shall highlight the actions of the programme that contribute to the development of the objectives of other fields of Community action, such as education, training, culture, sport, languages, social integration, gender equality, equal opportunities and combating discrimination .
Article 12
Complementarity with national policies and instruments
1. The participating countries may be awarded a European label for national , regional or local actions similar to those in Article 4.
2. A participating country may make national funding available to participants to be managed in accordance with the rules of the programme and, to this end, may use the decentralised structures of the programme, as long as it ensures the complementary pro rata funding of those structures.
Article 13
General financial provisions
1. The indicative financial framework for the implementation of this programme for the period of seven years from 1 January 2007, referred to in Article 1, is hereby set at EUR 1 128 000 000.
2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
Article 14
Financial provisions concerning the participants
1. Pursuant to Article 114(1) of Regulation (EC, Euratom) No 1605/2002, natural persons may receive grants under the programme.
2. Pursuant to Article 176(2) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (12) , the Commission may decide, depending on the characteristics of the participants and the nature of the actions, to exempt them from the verification of professional competences and qualifications for completing the action or work programme. The Commission must respect the principle of proportionality in determining the requirements in relation to the amount of financial support, taking account of the characteristics of the participants, their age, the nature of the action and the amount of financial support .
3. Depending on the nature of the action, the financial support may take the form of subsidies or scholarships. The Commission may also award prizes for actions or projects implemented under the programme. Pursuant to Article 181 of Regulation (EC, Euratom) No 2342/2002, and depending on the nature of the action, flat-rate financing and/or the application of scales of unit costs may be authorised.
4. The funding procedure shall be as short as possible and organisations will be informed of the result as quickly as possible. The Commission shall ensure that no more than four months elapse between the official receipt of an application by an organisation and the arrival of the first payment in the participant's account in the event that the application is approved. This does not apply to Action 4.1 and 4.2 of the programme.
5. Operating grants awarded under this programme to organisations active at European level, as defined in Article 162 of Regulation (EC, Euratom) No 2342/2002, shall not be automatically decreased in accordance with Article 113(2) of Regulation (EC, Euratom) No 1605/2002 in the event of renewal.
6. Pursuant to Article 54(2), point (c) of Regulation (EC, Euratom) No 1605/2002, the Commission may entrust tasks of public authority and, in particular, budget implementation tasks to the structures referred to in Article 8(2).
7. Pursuant to Article 38(1) of Regulation (EC, Euratom) No 2342/2002, the option in paragraph 6 above shall also apply to structures in the participating countries that are not governed by the law of the Member States or States of the European Economic Area (EEA) or the candidate countries.
Article 15
Monitoring and Evaluation
1. The Commission shall ensure that this programme is regularly monitored. This monitoring shall include the reports referred to in paragraph 3 below and specific activities.
2. The Commission shall ensure the regular, independent, external evaluation of the programme.
3. Participating countries shall submit to the Commission a report on the implementation of the programme by 30 June 2010 at the latest and a report on the impact of the programme by 30 June 2015 at the latest.
4. The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:
|
(a) |
an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2011; |
|
(b) |
a Communication on the continuation of this programme no later than 31 December 2011; |
|
(c) |
an ex post evaluation report no later than 31 March 2016. |
Article 16
Temporary provision
Actions started before 31 December 2006 pursuant to Decision No 1031/2000/EC and Decision No 790/2004/EC shall continue to be governed, until their completion, by those Decisions. The committee provided for in Article 8 of Decision No 1031/2000/EC shall be replaced by the one provided for in Article 10 of this Decision.
Article 17
Entry into force
This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union. It shall apply from 1 January 2007.
Done at ..., on ...
For the European Parliament
The President
For the Council
The President
(1) OJ C 234, 22.9.2005, p. 46 .
(2) OJ C 71, 22.3.2005, p. 34 .
(3) Position of the European Parliament of 25 October 2005.
(4) OJ L 117, 18.5.2000, p. 1. Decision as last amended by Council Regulation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1).
(5) OJ L 138, 30.4.2004, p. 24.
(6) OJ C 180 E, 31.7.2003, p. 145.
(7) OJ C 168, 13.7.2002, p. 2.
(8) OJ C 115, 15.5.2003, p. 1.
(9) OJ L 248, 16.9.2002, p. 1.
(10) OJ C 172, 18.6.1999, p. 1.
(11) OJ L 184, 17.7.1999, p. 23.
(12) OJ L 357, 31.12.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).
ANNEX
The actions implementing the general and specific objectives of the programme support small-scale projects promoting the active participation of young people.
The participation of young people in the programme is not subject to any specific prior experience or qualifications, except in certain cases specified in the actions.
The actions can be broken down into the following measures:
ACTION 1 — Youth for Europe
The objective of this action is to reinforce the active citizenship of young people and mutual understanding between them through the following measures.
The indicative financial endowment for Action 1 should total not less than 30 % of the total costs provided for all five actions (for the period 2007-2013).
1.1. Youth exchanges
Youth exchanges allow one or more groups of young people to be hosted by a group from another country in order to participate together in a joint programme of activities. They are available, in principle, to young people aged between 13 and 25.
These activities, based on transnational partnerships between the various actors in a project, involve the active participation of young people and are designed to allow them to discover and become aware of different social and cultural realities, to learn from each other and reinforce their feeling of being European citizens. The support focuses on multilateral group mobility activities.
Bilateral group exchanges are justified especially where it is their first European activity or the participants are small-scale or local groups without experience at European level. Exchanges for young people with fewer opportunities are also welcome, in order to step up their participation in the programme.
This measure also supports preparation activities, with the aim of reinforcing young people's active participation in the projects, in particular those activities intended to help the young people at a linguistic and intercultural level, as well as international meetings between young people wishing to debate subjects of importance for their future and the future of Europe.
Preparatory and follow-up activities, particularly in the linguistic and intercultural fields, intended to increase the active participation of young people in projects, are supported under this action.
1.2. Support for young people's initiatives
This measure supports projects where young people participate actively and directly in activities of their own devising in which they play the key roles, in order to develop their initiative, enterprise and creativity. In principle, it is for young people aged between 16 and 30.
This measure supports group projects designed at local, regional and national level and the networking of similar projects in different countries, in order to strengthen their European aspect and to enhance cooperation and exchanges of experiences between young people.
Particular attention is paid to young people with fewer opportunities.
1.3. Participative democracy projects
This measure supports young people's participation in democratic life. These projects and activities encourage the active participation of young people in the life of their local, regional or national community and at the international level .
It is open, in principle, to young people aged between 13 and 30.
These activities or projects are based on international partnerships, allowing the pooling, at European level, of ideas, experiences and good practices from projects or activities at local or regional level, in order to improve young people's participation at different levels. They may include organising consultation projects with young people to find out their needs and wishes, with a view to developing new approaches to their active participation in a democratic Europe.
ACTION 2 — European Voluntary Service
The aim of the Voluntary Service is to develop solidarity and promote active citizenship and mutual understanding among young people through the following measures.
The indicative financial endowment for Action 2 should total not less than 23 % of the total costs provided for all five actions (for the period 2007-2013).
2.1. European Voluntary Service (individual)
The young volunteer takes part in a non-profit-making unpaid activity to the benefit of the general public in a country other than his or her country of residence. The European Voluntary Service must not have an adverse effect on potential or existing paid employment or be seen as a substitute for it.
The service lasts for several months, and may last up to twelve months. In duly justified cases, in particular to facilitate the participation of young people with fewer opportunities, shorter periods may be allowed.
While, in principle, the measure is intended for young people aged between 18 and 30, certain activities may admit young people aged 16 and over, as long as appropriate supervision is provided.
The measure covers all or part of the volunteer's expenses, insurance, subsistence and travel, plus an additional allowance for young people with fewer opportunities where appropriate.
It also supports activities for the training of young volunteers, especially before their departure, and coordination activities for the various partners. It ensures the follow-up of initiatives based on experiences gained during European voluntary service.
The Member States and the Commission shall make sure that certain quality standards are respected: the voluntary work must include a non-formal education dimension demonstrated by pedagogical activities to prepare young people at a personal, intercultural and technical level, as well as ongoing personal support. Partnership between the various actors involved in the project and risk prevention are considered particularly important.
2.2. European voluntary service (groups)
This measure supports volunteer projects with the same characteristics as those described in point 2.1 above which allow groups of young people to take part collectively in activities organised at local, regional, national, European or international level .
In principle, it is open to young people aged between 18 and 30.
2.3. Cooperation between civil or volunteer services
This measure supports cooperation between national and international youth volunteer services. Reinforcing synergies and creating compatibility between the various forms of civil volunteer service at European and national level are two aspects which may be supported by the programme, in order to strengthen the European dimension.
ACTION 3 — Youth in the World
The purpose of this action is to develop mutual understanding between peoples in a spirit of openness, whilst also contributing to the development of quality systems that support the activities of young people in the countries concerned. It is open to the programme's partner countries.
The indicative financial endowment for Action 3 should total not less than 4 % of the total costs provided for all five actions (for the period 2007-2013).
3.1. Cooperation with the neighbouring countries of the enlarged Europe
This measure supports projects with the programme partner countries that are each considered neighbourhood countries under the provisions of the Union's European neighbourhood policy pursuant to Article 5 (2) (1).
It supports youth exchanges, mainly multilateral ones, which allow several groups of young people from participating countries and neighbouring countries to meet and take part together in a programme of activities. It is available, in principle, to young people aged between 13 and 25. These activities, based on transnational partnerships between the various actors in a project, involve the prior training of supervisory staff and the active participation of young people, to allow them to discover and become aware of different social and cultural realities. Activities to enhance the participation of young people in the projects, particularly those intended to help them at a linguistic and intercultural level, may be eligible for funding.
As long as adequate national management structures are created in the neighbouring countries, individual or group initiatives at local, regional or national level in those countries can be supported where they are carried out in conjunction with similar initiatives in countries participating in the programme. These are activities designed by the young people themselves, in which they are the key players. In principle, the activity is for young people aged between 18 and 30, although certain initiatives may admit young people from age 16, as long as appropriate supervision is provided.
This measure supports activities designed to network and enhance the capacity of NGOs in the field of youth, recognising the important role that they can play in the development of civil society in the neighbouring countries. It covers the training of qualified operatives in youth work and youth organisations and exchanges of experience, expertise and good practices between them. It supports activities which may lead to the establishment of long-lasting, high quality projects and partnerships.
This measure also supports projects to stimulate innovation and quality, aiming at introducing, implementing and promoting innovative approaches in the youth field.
Financial support may be awarded to information activities for young people and qualified operatives in youth work and youth organisations .
This measure also supports activities promoting cooperation in the field of youth with the neighbouring countries, e.g. promoting cooperation and the exchange of ideas and good practices in the field of youth, as well as other promotion and dissemination measures regarding the results of the projects and activities supported in the countries concerned in the field of youth.
3.2. Cooperation with other countries
This measure supports cooperation activities in the field of youth, in particular the exchange of good practices with the other partner countries.
It encourages exchanges between and the training of qualified operatives in youth work and youth organisations and the development of partnerships and networks of youth organisations.
Multilateral exchanges of young people between those countries and the countries participating in the programme may be implemented on a thematic basis.
Funding is awarded to activities that demonstrate their potential multiplier effect.
In the context of cooperation with industrialised countries, this measure funds only European participants in projects.
ACTION 4 — Qualified operatives in youth work and youth organisations and support systems
The aim of this action is to develop the quality of youth support structures, to support the role of qualified operatives in youth work and youth organisations , to develop the quality of the programme and to promote the civil participation of young people at European level by supporting bodies active at European level in the field of youth.
The indicative financial endowment for Action 4 should total not less than 15 % of the total costs provided for all five actions (for the period 2007-2013).
4.1. Support for bodies active at European level in the field of youth
This measure supports the operation of NGOs active at European level in the field of youth that pursue a goal of general European interest. Their activities must contribute to young people's participation in public life and society and the development and implementation of European cooperation activities in the field of youth in the broad sense.
To be eligible for an operating grant, a body must satisfy the following requirements:
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— |
it must have been legally established for at least one year |
|
— |
it must be non-profit-making |
|
— |
it must be established in one of the participating countries, in accordance with Article 5(1), or in one of certain eastern European countries (2) |
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— |
it must operate at European level, alone or in coordination with other associations, and its structure and activities must cover at least eight participating countries; it may be a European network representing bodies active in the field of youth |
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— |
its activities must be in accordance with the principles underlying the Community activity in the field of youth |
|
— |
it may be a body whose activities are solely for the benefit of young people or a body with wider aims, some of the activities of which are for the benefit of young people |
|
— |
it must involve the young people in managing the activities conducted for their benefit. |
Bodies receiving operating grants are selected on the basis of calls for proposals. Multiannual partnership framework agreements may be concluded with the bodies selected. However, such framework agreements do not exclude the possibility of launching annual calls for proposals for additional participants .
The main activities of the youth organisations that are likely to contribute to the strengthening and effectiveness of Community action are:
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— |
representing the views and interests of young people in their diversity at European level |
|
— |
youth exchanges and voluntary services |
|
— |
informal and non-formal learning and youth activity programmes |
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— |
promoting intercultural learning and understanding |
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— |
debates on European issues, the policies of the European Union or youth policies |
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— |
dissemination of information on Community action |
|
— |
actions promoting young people's participation and initiative |
Under this measure, the only costs to be taken into account in determining the operating grant are those necessary for the proper conduct of the normal activities of the body selected, in particular personnel costs, overheads (rental and property charges, equipment, office supplies, telecommunications, postal charges, etc.), costs of internal meetings, and publications, information and dissemination costs.
The grant is awarded with due respect for the body's independence in the selection of its members and its autonomy in the detailed definition of its activities.
A user's guide explaining clearly the legal rights and obligations when accepting an awarded grant should be made available by the Commission.
At least 20 % of the budgets of the bodies concerned must be covered by non-Community sources.
In the interest of the sustainability and continuity of youth organisations founded in accordance with Decision No 790/2004/EC, the minimum annual allocation under Action 4.1 shall be EUR 2 600 000.
4.2. Support for the European Youth Forum
Grants may be awarded under this measure to support the ongoing activities of the European Youth Forum, an organisation pursuing a goal of general European interest, with due respect for the following principles:
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— |
the Forum's independence in the selection of its members, ensuring the broadest possible representation of different kinds of youth organisations |
|
— |
its autonomy in the detailed specification of its activities |
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— |
the broadest possible involvement in the European Youth Forum's activities of non-member youth organisations and young people who do not belong to organisations |
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— |
the active contribution by the European Youth Forum to the political processes relevant to youth at European level, in particular by responding to the European institutions when they consult civil society and explaining the positions adopted by those institutions to its members. |
The eligible expenditure of the European Youth Forum comprises operating costs and expenses for carrying out its actions. In view of the need to ensure the continuity of the European Youth Forum, the programme resources shall be allocated in accordance with the following guideline: the annual resources allocated to the European Youth Forum shall not be less than EUR 2 200 000 .
Grants may be awarded to the European Youth Forum upon receipt of an appropriate work plan and budget. Grants may be awarded on an annual basis or on a renewable basis within a framework partnership agreement with the Commission.
At least 20 % of the Forum's budget must be covered by non-Community sources.
The main activities of the European Youth Forum are as follows:
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— |
representing young people vii-a-vii the European Union |
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— |
coordinating the positions of its members vii-a-vii the European Union |
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— |
relaying information on youth vii-a-vii the European institutions |
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— |
relaying information from the European Union to the national youth councils and non-governmental organisations |
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— |
promoting and preparing the participation of young people in democratic life |
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— |
contributing to the new cooperation framework in the youth field established at the level of the European Union |
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— |
contributing to the development of youth policies, youth work and educational opportunities, and to relaying information concerning young people and developing representative structures for young people throughout Europe |
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— |
engaging in discussion and reflection on youth in Europe and in other parts of the world and on the European Union's action for young people. |
4.3. Training and networking of qualified operatives in youth work and youth organisations
This measure supports the training of qualified operatives in youth work and youth organisations in this field, in particular youth workers , project leaders, youth advisers and supervisors in these projects. It also supports the exchange of experiences, expertise and good practices between these qualified operatives in youth work and youth organisations , as well as activities which may lead to the establishment of long-lasting, high quality projects and partnerships. Particular attention is to be paid to activities fostering the participation of those young people who find it most difficult to participate in Community actions.
4.4. Projects encouraging innovation and quality
This measure supports projects aimed at introducing, implementing and promoting innovative approaches in the youth field. These innovative aspects may relate to the content and objectives, in line with the development of the European co-operation framework in the youth field, the involvement of partners from different backgrounds or the dissemination of information.
4.5. Information activities for young people and qualified operatives in youth work and youth organisations
This measure supports information and communication targeting young people by improving their access to relevant information and communication services in order to increase their participation in public life and facilitate the realisation of their potential as active, responsible citizens. To this end, support is given to activities at European and national level which improve young people's access to information and communication services and increase the provision of quality information and the participation of young people in the preparation and dissemination of information.
This measure contributes in particular to the development of European, national, regional and local youth portals for the dissemination of specific information for young people through all kinds of information channels, particularly those most frequently used by young people. It can also support measures which promote the involvement of young people in the preparation and dissemination of understandable, user-friendly and targeted information products and advice, so as to improve the quality of the information and access for all young people. In all publications, regard must be had, explicitly and clearly, to gender equality and gender-specific language must be used.
4.6. Partnerships
This measure is for the funding of partnerships with regional or local bodies, in order to develop over the long term projects which combine various measures in the programme. The funding focuses on projects and coordination activities.
4.7 Support for the structures of the programme
This measure funds the structures provided for in Article 8(2), in particular the National Agencies. The funding may be provided in the form of an operating grant covering no more than 50 % of the total eligible expenditure adopted in the agency's work programme. The measure also provides funding for assimilated bodies, such as the national coordinators, the resource centres, the EURODESK network, the Euro-Mediterranean Youth Platform and the associations of young European volunteers, acting as implementation bodies at national level, in full compliance with Article 54(2)(c) and (3) of Regulation (EC, Euratom) No 1605 2002.
4.8 Adding to the value of the programme
The Commission may organise seminars, colloquia or meetings to facilitate the implementation of the programme and undertake appropriate information, publication and dissemination actions as well as programme monitoring and evaluation. These activities may be financed by means of grants, purchased by means of procurement procedures or organised and funded directly by the Commission.
ACTION 5 — Support for policy cooperation
The aim of this action is to promote European cooperation in youth policy.
The indicative financial endowment for Action 5 should total not less than 4 % of the total costs provided for all five actions (for the period 2007-2013).
5.1 Meetings of young people and those responsible for youth policy
This measure supports policy cooperation and structured dialogue between young people and their organisations and those responsible for youth policy. The activities include, in particular, promoting cooperation and the exchange of ideas and good practices in the field of youth, conferences organised by the Presidencies of the Union , supporting youth seminars which encourage and promote the involvement of young people in Europe as a political, social and cultural community and other measures to exploit and disseminate the results of the projects and the results of the European Union's activities in the field of youth.
5.2. European Youth Week
In this context European Youth Week becomes a regular and permanent event as a set part of European youth policy. A team of young people should participate in the planning and running of the activities so as to place participation of young people at the heart of the week.
The following activities should take place on a centralised and decentralised basis as part of European Youth Week:
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information on the work of the European institutions; |
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activities enabling young people to inform MEPs of their concerns; |
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a prize giving for the best youth projects promoted by the “Youth in Action” programme. |
5.3. Support for activities to bring about better understanding and knowledge of the field of youth
This measure supports specific projects for the identification of existing knowledge relating to the priorities for the field of youth established under the open method of coordination and projects intended to complement and update them or facilitate access to them.
It is also designed to support the development of methods for analysing and comparing the results of studies and guaranteeing their quality.
The programme may also support the networking of the various actors in the youth field.
5.4. Co-operation with international organisations
This action can be used to support the European Union's cooperation with international organisations working in the youth field, in particular the Council of Europe, the United Nations or its specialised institutions.
6. MANAGEMENT OF THE PROGRAMME
The programme budget may also cover expenditure associated with the preparation, follow-up, monitoring, auditing and evaluation activities directly necessary for the management of the programme and the realisation of its objectives, in particular studies, meetings, information and publication activities, expenditure associated with the IT networks for the exchange of information and any other administrative and technical support expenditure on which the Commission may decide for the management of the programme.
In order to present good practices and model projects, a database shall be established containing information about existing ideas concerning youth activities at European level.
7. CHECKS AND AUDITS
A system of spot checks has been created for projects selected in accordance with the procedure described in Article 13(2) of this Decision.
Participants must keep the Commission supporting documents for all expenditure for a period of five years from the date of the last payment. They must ensure that, where applicable, supporting documents in the possession of partners or members be made available to the Commission.
The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. These audits may be carried out throughout the lifetime of the contract and for a period of five years from the date of payment of the balance of the grant. Where appropriate, the audit findings may lead the Commission to seek recovery of sums paid.
Commission staff and outside persons authorised by the Commission must be granted appropriate access to the offices of the participant and to all the information, including information in electronic format, needed in order to conduct such audits.
The Court of Auditors and the European Anti-Fraud Office (OLAF) shall enjoy the same rights, especially of access, as the Commission.
The Commission's decisions taken under Article 10, the contracts with the National Agencies, the agreements with the participating third countries and the associated contracts and agreements shall provide, in particular, for the Commission or its authorised representative, OLAF and the Court of Auditors to undertake inspections and financial audits, in situ if necessary. The National Agencies or, if necessary, the grant beneficiaries may be inspected.
The Commission may also undertake in situ inspections pursuant to Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (3) .
For the Community actions referred to in this Decision, the term “irregularity” referred to in Article 1(2) of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (4) shall mean any infringement of a provision of Community law or any non-performance of a contractual obligation resulting from an act or omission by a party, which has, or would have, because of an unjustified item of expenditure, the effect of prejudicing the general budget of the European Union or budgets managed by it.
(1) Without prejudice to future developments, the neighbouring countries considered are Armenia, Azerbaijan, Belarus, Georgia, Moldova, the Russian Federation and the Ukraine, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, the Palestinian Territories, Syria and Tunisia.
(2) Belarus, Moldova, Russian Federation, Ukraine.
P6 TA(2005)0397
Culture 2007 ***I
European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing the Culture 2007 programme (2007-2013) (COM(2004)0469 - C6-00942004 - 2004/0150(COD))
(Codecision procedure: first reading)
The European Parliament,
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having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0469) (1), |
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having regard to Articles 251(2) and 151(5), first indent, of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-00942004), |
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having regard to Rule 51 of its Rules of Procedure, |
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having regard to the report of the Committee on Culture and Education and the opinions of the Committee on Foreign Affairs, the Committee on Budgets, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A6-02692005), |
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1. |
Approves the Commission proposal as amended; |
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2. |
Points out that the appropriations indicated in the Commission proposal beyond the year 2006 are subject to the decisions to be taken on the next multiannual financial framework; |
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3. |
Calls on the Commission, once the next multiannual financial framework is adopted, to present, if appropriate, a proposal to adjust the financial reference amount of the programme; |
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4. |
Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
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5. |
Instructs its President to forward its position to the Council and Commission. |
(1) Not yet published in OJ.
P6_TC1-COD(2004)0150
Position of the European Parliament adopted at first reading on 25 October 2005 with a view to the adoption of Decision No .../2006/EC of the European Parliament and of the Council establishing the Culture programme (2007-2013)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular the first indent of Article 151(5) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the Committee of the Regions (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
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(1) |
It is essential to promote cooperation and cultural exchanges in order to respect and promote the diversity of languages and cultures in Europe and improve knowledge among European citizens of European cultures other than their own , while at the same time heightening their awareness of the common European cultural heritage they share . Promoting cultural and linguistic cooperation and diversity thus helps to make European citizenship a tangible reality by encouraging direct participation by European citizens in the integration process. |
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(2) |
An active cultural policy aimed at the preservation of European cultural diversity and the promotion of its common cultural elements and cultural heritage can contribute to improving the external visibility of the European Union. |
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(3) |
Architectural heritage forms a significant part of the cultural heritage of Europe. Community action seeking to conserve and safeguard it should be complementary to national and regional measures. |
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(4) |
For citizens to give their full support to, and participate fully in, European integration, greater emphasis should be placed on their common cultural values and roots as a key element of their identity and their membership of a society founded on freedom, equity, democracy, respect for human dignity and integrity , tolerance and solidarity , in full compliance with the Charter of Fundamental Rights of the European Union . |
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(5) |
The Culture 2007-2013 programme must take into consideration the fields of cultural heritage and cultural creation of the Member States, such as architecture, the plastic arts, music, literature and the performing arts, while remaining in a non-sectoral spirit, open to innovation and to transdisciplinary synergies. |
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(6) |
The cultural sector is an important employer in its own right and there is, in addition, a clear link between investment in culture and economic development. |
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(7) |
It is essential that the cultural sector contributes to and plays a role in broader European political developments. Accordingly, the place of cultural industries in the developments taking place under the Lisbon strategy must be strengthened, as these industries are making an increasingly large contribution to the European economy. |
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(8) |
If the Lisbon Strategy is to be successfully implemented, and if a highly-competitive knowledgebased economy enjoying popular understanding and support is to be created, specialised knowledge must be set in a broader cultural matrix, hence the importance of reinforcing cultural policies at regional, national and European levels. |
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(9) |
It is also necessary to promote active citizenship and strengthen the fight against exclusion in all its forms, including racism and xenophobia. |
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(10) |
Museums are important as repositories and communicators of Europe's cultural heritage and can help to promote active citizenship and to strengthen the fight against exclusion by providing an insight into, and an understanding of, Europe's history and cultural diversity. |
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(11) |
People living in extreme poverty are often disadvantaged in cultural terms. Improving access to culture and the cultural heritage for as many people as possible is therefore a means of combating social exclusion. |
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(12) |
Article 3 of the Treaty stipulates that, in all the activities referred to in this Article, the Community shall aim to eliminate inequalities, and to promote equality, between men and women. |
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(13) |
The Kaleidoscope, Ariane, Raphael and Culture 2000 cultural programmes, set out respectively in Decisions No 719/96/EC (3), No 2085/97/EC (4), No 2228/97/EC (5) and No 508/2000/EC (6) of the European Parliament and of the Council, marked positive stages in the implementation of Community action on culture. Considerable experience has thus been acquired, particularly through the evaluation of these cultural programmes. It is at present worthwhile to rationalise and strengthen Community cultural action on the basis of the results of these evaluations, the results of consultation with all interested parties and recent work by the European institutions. It is therefore appropriate to establish a programme to this end. |
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(14) |
The European institutions have themselves spoken out on many occasions on subjects relating to Community cultural action and the challenges of cultural cooperation; in particular the resolutions of the Council of 25 June 2002 on a new work plan on European cooperation in the field of culture (7) and of 19 December 2002 implementing the work plan for European cooperation in the field of culture (8), the resolutions of the European Parliament of 5 September 2001 on cultural cooperation in the European Union (9), 28 February 2002 on the implementation of the Culture 2000 programme (10), 22 October 2002 on the importance and dynamism of the theatre and the performing arts in an enlarged Europe (11) and 4 September 2003 on Cultural Industries (12), and the opinion of the Committee of the Regions of 9 October 2003 on the extension of the Culture 2000 programme. |
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(15) |
The Council in its conclusions of 16 November 2004 relating to the work plan on culture (2005-2006), the European Parliament in its resolution of 4 September 2003 on Cultural Industries, and the European Economic and Social Committee in its Opinion of 28 January 2004 on the cultural industries in Europe, have expressed their views on the need to take greater account of the specific economic and social features of non-audiovisual cultural industries. |
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(16) |
The Council, in its above-mentioned resolutions, has stressed the need to adopt a more coherent approach at Community level with regard to culture, and that European added value is an essential and determining concept in the context of European cultural cooperation, and a general condition for Community measures in the field of culture. |
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(17) |
In order to make this common cultural area for the peoples of Europe a reality, it is important to promote the preservation and knowledge of cultural heritage of European significance, the transnational mobility of cultural players, and the transnational circulation of artistic and cultural works and products and to encourage dialogue and cultural exchanges. |
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(18) |
In this context, there is a case for promoting increased cooperation between cultural players by encouraging them to form multi-annual cooperation networks , enabling them to develop common activities, provide support for more targeted measures with a real European added value, support symbolic cultural events, support European cultural cooperation organisations and encourage analyses on chosen themes of European interest as well as the collection and dissemination of information and promotional activities in the field of cultural cooperation. |
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(19) |
Under Decision No 1419/1999/EC of the European Parliament and of the Council of 25 May 1999 establishing a Community action for the European Capital of Culture event for the years 2005 to 2019 (13), significant funding should be given to this event, which has a high profile among Europeans and helps to strengthen the feeling of belonging to a common cultural area. In the context of this event, the accent should be on trans-European cultural cooperation. |
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(20) |
Support should be given to the operation of organisations working for European cultural cooperation and thus playing the role of “ambassadors” of European culture, based on the experience acquired by the European Union in the context of Decision No 792/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level in the field of culture (14). |
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(21) |
Within the spirit of Article 151(4) of the Treaty, other Community policies, actions and instruments should be consistent with, and complementary to, Community action in the field of culture. Particular attention should be paid to the interface of Community measures in the fields of culture and education, to ensure that projects having a joint character (for example, a project for the training of young musicians) are eligible for support through Community measures in whichever of the two fields is the more appropriate. |
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(22) |
The European Union must pursue an awareness-raising and support campaign at the national, European and international levels in support of the Unesco Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions. It should ensure that it makes a contribution so that the Convention does not weaken human rights and fundamental freedoms in the name of culture or tradition. |
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(23) |
It is necessary for the programme, in compliance with the principle of freedom of expression, to contribute to the European Union's efforts to promote sustainable development and to combat all forms of discrimination. |
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(24) |
The European Union candidate countries and EFTA countries which are members of the EEA agreement are recognised as potential participants in Community programmes in accordance with the agreements concluded with these countries. |
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(25) |
The European Council of 19 and 20 June 2003endorsed the “Thessaloniki Agenda for the Western Balkans: moving towards European integration”, laying down that Community programmes should be open to the countries in the Stabilisation and Association Process on the basis of framework agreements to be signed between the Community and those countries. If they wish, those countires should be able, depending on budgetary considerations or political priorities, to take part in the programme or benefit from a more limited formula for cooperation, on the basis of supplementary appropriations and specific procedures to be agreed between the parties concerned. |
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(26) |
The programme should also be open to cooperation with other third countries which have signed agreements with the European Community containing a cultural strand, in accordance with procedures to be defined. |
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(27) |
It is appropriate to establish a single financing and programming instrument for cultural cooperation, entitled the “ Culture programme ”, for the period from 1 January 2007 to 31 December 2013. |
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(28) |
There is a general consensus that adequate budgetary resources must be devoted to such a financing and programming instrument if it is to achieve the ambitious goals it sets. |
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(29) |
Community action is complementary to national or regional action in the field of cultural cooperation. Since the objectives of the action to be taken ( the preservation and knowledge of cultural heritage of European significance, transnational mobility of cultural players in Europe, transnational circulation of works of art and cultural and artistic products and intercultural dialogue) cannot be sufficiently achieved by the Member States owing to their transnational character, and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. |
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(30) |
Concerning the implementation of Community support, the specific nature of the cultural sector in Europe should be taken into account, and particular care should be taken to ensure that administrative and financial procedures are simplified as much as possible and adapted to the objectives pursued as well as to practices and developments in the cultural sector. |
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(31) |
The extent of cultural and linguistic diversity in Europe implies that support should be given to literary translations in modern languages, such support should extend to translation from the Greek and Latin texts of classical antiquity and the Middle Ages, and account should be taken of the specific features of the literary translation field. |
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(32) |
It is worthwhile ensuring, within the framework of cooperation between the Commission and the Member States, the ongoing monitoring and evaluation of this programme in order to enable readjustments, particularly within the priorities for the implementation of measures. The evaluation should include an external evaluation to be conducted by independent, impartial bodies. |
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(33) |
The procedures for the monitoring and evaluation of the programme should make use of objectives and indicators which are specific, measurable, achievable, relevant, and timed. |
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(34) |
Suitable measures must be implemented to prevent irregularities and fraud and to recover funds which have been lost or transferred or used improperly. |
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(35) |
This Decision establishes a financial framework for the entire duration of the programme, which is to be the principal point of reference for the budgetary authority, within the meaning of point 33 of 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 (15). |
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(36) |
The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (16). |
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(37) |
There should be transitional provisions in order to ensure a smooth transition between the programmes drawn up by Decisions Nos 508/2000/EC or 792/2004/EC on the one hand and, on the other, the programme established by this Decision, |
HAVE DECIDED AS FOLLOWS:
Article 1
Establishment and duration of the programme
1. This Decision establishes the Culture programme , a single multi-annual programme for Community measures in the field of culture, hereinafter referred to as “the programme”.
2. The programme shall be implemented over a period starting on 1 January 2007 and ending on 31 December 2013.
Article 2
Programme budget
1. The financial framework for the implementation of the programme for the period referred to in Article 1 shall be set at EUR 600 million.
2. Annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
Article 3
Objectives of the programme
1. The general objective of the programme shall be to enhance the cultural area common to Europeans through the development of cultural cooperation between the creators, cultural players and cultural institutions of the countries taking part in the programme, with a view to encouraging the emergence of European citizenship.
2. The specific objectives of the programme are:
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(a) |
to promote the preservation and knowledge of cultural heritage of European significance; |
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(b) |
to promote the transnational mobility of people working in the cultural sector; |
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(c) |
to encourage the transnational circulation of works and cultural and artistic products; |
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(d) |
to encourage intercultural dialogue. |
Article 4
The programme's fields of action
1. The objectives of the programme shall be pursued through the implementation of the following measures, as described in the annex:
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(a) |
Support for cultural actions
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(b) |
Support for bodies active at European level in the field of culture . |
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(c) |
Support for analyses, collection and dissemination of information and for promotional activities in the fields involving the cultural sector, such as cultural cooperation, cultural heritage, synergy between education and culture, additional vocational training for artists, and employment in the cultural sector. |
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(d) |
Support for actions relating to musical and artistic education which promote exchanges of best practice and closer cooperation at European level. |
2. These measures shall be carried out in accordance with the provisions set out in the annex.
Article 5
Provisions concerning third countries
1. The programme shall be open to the participation of the following countries:
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EFTA countries which are members of the EEA, in accordance with the provisions of the EEA agreement; |
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candidate countries benefiting from a pre-accession strategy for entry to the European Union, in accordance with the general principles and with the general conditions and procedures for the participation of these countries in the Community programmes established respectively in the framework agreement and in the decisions of the Association Councils; |
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the countries of the Western Balkans in accordance with the procedures defined with those countries following the framework agreements to be drawn up concerning their participation in Community programmes; |
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the countries covered by the European Neighbourhood Policy in accordance with the action plans to be drawn up. |
Provided that the conditions are met and additional appropriations are paid, the countries referred to in this paragraph shall participate fully in the programme.
The Commission shall ensure a link between the programme and other Community measures, particularly in the fields of education, vocational training, youth, sport, languages, social inclusion, EU external policy, combating discrimination, and research.
2. The programme shall also be open to cooperation with other third countries which have concluded association or cooperation agreements with the European Community which include cultural clauses, on the basis of supplementary appropriations and specific procedures to be laid down.
The countries of the Western Balkans referred to in paragraph 1 which do not wish to benefit from full participation in the programme may benefit from cooperation with the programme under the conditions laid down in this paragraph.
Article 6
Cooperation with international organisations
The programme shall permit joint action with international organisations competent in the field of culture, such as Unesco or the Council of Europe, on the basis of joint contributions and in accordance with the various rules prevailing in each institution or organisation for the realisation of the measures listed in Article 4.
Article 7
Complementarity with other Community instruments
The Commission shall ensure a link between the programme and other Community measures, particularly those taken through the Structural Funds and in the fields of education, vocational training, youth, sport, languages, social inclusion, combating all forms of discrimination, and research.
Article 8
Implementation
1. The Commission shall implement the Community actions which form the subject of this programme, in accordance with the Annex.
2. The following measures shall be adopted in accordance with the management procedure referred to in Article 10(2):
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(a) |
the annual plan of work, including priorities, and the selection criteria and procedures; |
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(b) |
the annual budget and the breakdown of funds among the different actions of the programme; |
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(c) |
the procedures for monitoring and evaluating the programme. |
3. All other measures necessary for the implementation of this Decision shall be adopted in accordance with the advisory procedure referred to in Article 10(3).
Article 9
Transparency Measures
1. The selection criteria established by the experts together with the applied grading scale shall be available to all cultural operators.
2. Irrespective of whether or not an operator has received a grant, applicants shall have the right to receive relevant information about the reasons for the final decision.
Article 10
Committee
1. The Commission shall be assisted by a committee, composed of representatives of the Member States and chaired by the representative of the Commission.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article8 thereof. The period laid down in Article4(3) of Decision 1999/468/EC shall be two months.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
4. The committee shall adopt its own rules of procedure.
Article 11
Cultural Contact Points
1. The Cultural Contact Points as defined in point I.3.3 of the Annex shall act as implementing bodies for the dissemination of information on the programme at national level, having regard to Article 54(2)(c) and (3) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (17) .
2. The Cultural contact points must respect the following criteria:
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have an adequate number of staff, with professional and linguistic capacities appropriate for work in an environment of international cooperation; |
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have an appropriate infrastructure, in particular as regards informatics and communications; |
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operate in an administrative context which enables them to carry out their tasks satisfactorily and to avoid conflicts of interest. |
Article 12
Financial provisions
1. Under the terms of Article 176(2) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (18) , the Commission may decide, in accordance with the characteristics of the beneficiaries and the nature of the actions, whether to exempt them from verification of the professional competencies and qualifications required to complete the proposed action or work programme.
2. Financial aid shall take the form of grants to legal persons. Grants may in certain cases be awarded to natural persons under the terms of Article 114(1) of the Financial Regulation. The Commission may also award prizes to natural or legal persons for actions or projects implemented under the programme. In accordance with Article 181 of Regulation (EC, Euratom) No 2342/2002, and depending on the nature of the action, flat-rate financing and/or the application of unit cost rates may be authorised.
3. Under the terms of Article 168(1) of Regulation (EC, Euratom) No 2342/2002, specific activities by the European Capitals of Culture designated pursuant to Decision No 1419/1999/EC may receive a grant.
Article 13
Contribution of the programme to other Community policies
The programme shall contribute to the strengthening of the transversal policies of the European Community, particularly by:
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(a) |
promoting the fundamental principle of freedom of expression |
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(b) |
strengthening a sense of European citizenship and heightening awareness of a shared cultural heritage of European significance; |
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(c) |
encouraging greater awareness of the importance of contributing to sustainable development; |
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(d) |
affirming the importance of a European cultural cooperation programme which seeks to promote mutual understanding, social inclusion and tolerance within the European Union; |
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(e) |
contributing to the elimination of all discrimination based on gender, race or ethnic origin, religion or convictions, disability, age or sexual orientation ; |
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(f) |
encouraging the cultural awareness of European citizens and strengthening the synergy between education and culture; |
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(g) |
promoting cultural and linguistic diversity in all its forms in Europe. |
Particular attention will be given to coherence and complementarity between the programme and Community policies in the field of cultural cooperation with third countries.
Article 14
Monitoring and evaluation
1. The Commission shall ensure regular monitoring of the programme. The results of the monitoring and evaluation process shall be utilised when implementing the programme.
Monitoring shall include in particular the drawing up of the reports referred to in paragraph 4(a) and (c).
The specific objectives of the programme may , on the basis of the results of monitoring reports , be revised in accordance with the procedure set out in Article 251 of the Treaty .
2. The Commission shall ensure regular, external and independent evaluation of the programme.
3. The evaluation of the programme must take account of the objectives laid down in this Decision in order to ensure that they will be attained.
4. The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:
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(a) |
an external and independent interim evaluation report on the results obtained and on the qualitative and quantitative aspects of the implementation of this programme not later than 31 December 2010; |
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(b) |
a Communication on the continuation of this programme not later than 31 December 2011; |
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(c) |
an external and independent ex post evaluation report not later than 31 December 2015. |
Article 15
Transitional provisions
Actions initiated before 31 December 2006 on the basis of Decision No 508/2000/EC or of Decision No 792/2004/EC shall continue to be administered until their closure in accordance with the provisions of these Decisions.
The Committee set up under the terms of Article 5 of Decision No 508/2000/EC shall be replaced by the Committee provided for in Article 10 of this Decision.
Article 16
Entry into force
This Decision shall enter into force on the 20th day following that of its publication in the Official journal of the European Union.
Done at Strasbourg, on ...
For the European Parliament
The President
For the Council
The President
(1) OJ C 164, 5.7.2005, p. 65 .
(2) Position of the European Parliament of 25 October 2005.
(3) OJ L 99, 20.4.1996, p. 20.
(4) OJ L 291, 24.10.1997, p. 26.
(5) OJ L 305, 8.11.1997, p. 31.
(9) OJ C 72 E, 21.3.2002, p. 142.
(10) OJ C 293 E, 28.11.2002, p. 105.
(11) OJ C 300 E, 11.12.2003, p. 156.
(12) OJ C 76 E, 25.3.2004, p. 459.
(13) OJ L 166, 1.7.1999, p. 1.
(14) OJ L 138, 30.4.2004, p. 40 .
(15) OJ C 172, 18.6.1999, p. 1.
(16) OJ L 184, 17.7.1999, p. 23.
(17) OJ L 248, 16.9.2002, p. 1, hereinafter referred to as “the Financial Regulation”.
(18) OJ L 357, 31.12.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).
ANNEX
I. Description of activities and events
1. First strand: support for cultural actions
1.1. Mufti-annual cooperation networks
The programme shall support sustainable and structured cultural multi-annual cooperation networks between European cultural operators. This support is intended to assist the networks in their start-up and structuring phase or in their geographical extension phase. The aim shall be to encourage them to establish sustainable foundations and achieve financial autonomy.
Each network shall consist of at least six operators from four different countries participating in the programme . Its purpose shall be to bring together operators from one or more sectors for various multi-annual activities or projects, which may be sectoral or cross-sectoral in nature but which must pursue a common objective. Each network shall have a lead operator, who is to represent the other operators taking part, and who is to be responsible to the Commission.
Each network shall be intended to carry out a number of structured, multi-annual cultural activities. These activities are to be implemented throughout the duration of Community financing. They must have at least two of the specific objectives indicated in Article 3 (2) (a)-(c) . Priority will be given to networks intending to develop activities meeting all three objectives in Article 3(2) (a)-(c) .
The networks shall be selected following calls for proposals pursuant to the Financial Regulation and its implementing measures. In this context, selection will be made on the basis, among other things, of the recognised expertise of co-organisers in their field of activity, their financial and operational capacity to carry out the proposed activities, and the quality of these activities and the extent to which they meet the general objective and specific objectives of the programme, as set out in Article 3.
The networks must be founded on a cooperation agreement, i.e. a common document with a legal form in one of the participating countries and signed by all co-organisers.
Community support may not exceed 70 % of the project budget and shall be degressive in nature. It may not be more than EUR 500 000 a year. This support shall be granted for a period of not less than three years and not more than five years. During this period, some of the co-organisers may be substituted as long as the objective and the number of countries represented remain the same.
Approximately 29 % of the total budget allocated to the programme shall be devoted to this type of support.
1.2. Cooperation measures
The programme shall support sectoral or cross-sectoral cultural cooperation actions between European operators. Priority shall be given to creativity and innovation , especially to projects for preserving and disseminating knowledge of cultural heritage of European significance . Actions aimed at exploring avenues for cooperation in order to develop them over the longer term will be particularly encouraged.
Each action should be designed and carried out in partnership by at least three cultural operators in three different participating countries, whether these operators come from one or more sectors.
Actions shall be selected following calls for proposals pursuant to the Financial Regulation and its implementing measures. In this context, selection will be made on the basis of the recognised expertise of coorganisers, their financial and operational capacity to carry out the proposed activities, the quality of these activities and the extent to which they meet the general objective and specific objectives of the programme, as set out in Article 3.
Community support may not exceed 70% of the project budget. It may not be less than EUR 30 000 per year nor more than EUR 200 000 per year. This support shall be granted for a period of between 12 and 24 months.
The conditions set out for this action concerning the minimum number of operators required in order to present projects, as well as the minimum and maximum amounts for Community support, may be adapted to take account of the specific conditions of literary translation.
Approximately 30 % of the total budget allocated to the programme shall be devoted to this type of support.
1.3. Special actions
The programme shall also support special actions. These actions shall be special in that they should be substantial in scale and scope, strike a significant chord with the peoples of Europe and help to increase their sense of belonging to the same community, make them aware of the cultural diversity of the Member States, and also contribute to intercultural and international dialogue. They must meet at least two of the specific objectives set out in Article 3 (2) (a)-(c) .
These special actions shall also help to raise the profile of Community cultural action and increase the cultural influence of our continent.
As an example, these “special actions” may include the awarding of prizes, in so far as they highlight artists, works or cultural or artistic achievements, make them known beyond national borders and thus encourage mobility and exchanges in the manner of, for example, the Prix Europa.
In this context, significant support will also be given to the “European Capitals of Culture” in order to help implement activities stressing European visibility and trans-European cultural cooperation.
Support may also be given in this context to cooperation with third countries and international organisations, as set out in Articles 5(2) and 6.
The examples given above do not constitute an exhaustive list of measures likely to be supported under this sub-strand of the programme.
The selection procedures for special actions will depend on the action in question. Financing will be granted following calls for proposals and invitations to tender, except in the cases referred to in Articles 54 and 168 of the Financial Regulation. Account will also be taken of the extent to which each action meets the general objective and specific objectives of the programme, as set out in Article 3.
Community support may not exceed 60 % of the project budget.
Approximately 16 % of the total budget allocated to the programme shall be devoted to this type of support.
2. Second strand: support for European bodies active at European level in the field of culture and for action for the preservation and commemoration of the main sites and archives associated with the deportations
This support shall take the form of an operating grant to co-finance expenditure associated with the permanent work programme of a body which pursues an aim of general European interest in the field of culture or an objective forming part of the European Union's policy in this area;
Provision shall be made for these grants to be awarded on the basis of annual calls for proposals.
Approximately 14 % of the total budget allocated to the programme shall be devoted to this strand.
Support for the operation of organisations of European cultural interest
Support may be given to bodies working for cultural cooperation in one or more of the following ways:
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— |
providing representation at Community level, |
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— |
collecting or disseminating information for facilitating trans-European Community cultural cooperation, |
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— |
networking at European level for bodies active in the field of culture, |
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— |
participating in cultural cooperation projects, |
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— |
acting as ambassadors for European culture in the manner of, for example, the European Union Youth Orchestra . |
These bodies must present a real European dimension. In this regard, they must carry out their activities at European level, alone or in the form of various coordinated associations, and their structure (registered members) and activities must have a potential influence at European Union level or cover at least seven European countries.
The beneficiaries of these operating grants shall be selected through a call for proposals. This shall be done on the basis of matching the bodies' work programme with the specific objectives set out in Article 3. Multi-annual framework partnership agreements may be conch" with the bodies so selected.
The total operating grant awarded under this strand of the Annex may not exceed 80 % of the body's admissible expenditure for the year in which the grant is awarded.
3. Third strand: support for Analyses and for the collection and dissemination of information and for promotional activities in the field of cultural cooperation
Approximately 5% of the total budget allocated to the programme shall be devoted to this strand.
3.1. Support for analyses in the field of cultural cooperation
The programme shall support the carrying out of studies and analyses in the field of cultural cooperation. The aim of this support shall be to increase the volume of information and data on cultural cooperation at European level, particularly with regard to the mobility of cultural players, the circulation of works of art and artistic and cultural products and intercultural dialogue.
Studies and analyses contributing to increasing knowledge of the phenomenon of trans-European cultural cooperation and to creating favourable conditions for it to flourish may be supported under this strand. Projects aimed at collecting and analysing statistics will be particularly encouraged.
3.2. Support for the collection and dissemination of information and for promotional activities in the field of cultural cooperation
The programme shall support the collection and dissemination of information and promotional activities via the development of an Internet tool targeted at the needs of culture professionals in the field of trans-European cultural cooperation.
This tool should enable the exchange of experience and good practice and the dissemination of information concerning the cultural programme as well as trans-European cultural cooperation in the broad sense.
3.3. Support for cultural contact points
In order to ensure targeted, effective grass-roots dissemination of practical information on the programme, it shall provide for support from “cultural contact points”. These bodies, acting at national level, shall be set up by the Commission in cooperation with the Member States on a voluntary basis and, where practicable, will be located in the same premises as the Commission representation in the relevant national capital.
The task of the cultural contact points shall be to:
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— |
promote the programme, |
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— |
facilitate access to the programme for, and encourage participation in its activities by, as many professionals and operators in the cultural field as possible, by means of an effective dissemination of information; |
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— |
provide an efficient link with the various institutions providing aid to the cultural sector in the Member States, thus contributing to complementarity between the measures taken under the programme and national support measures; |
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— |
provide information and contact at the appropriate level between operators participating in the programme and those participating in other Community programmes open for cultural projects. |
II. Programme management
The programme's financial allocation can also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities, required directly for the management and the realisation of the objectives of the programme, in particular, studies, meetings, information and publication actions, expenses linked to computer networks focusing on information exchange, together with all other technical and administrative assistance expense that the Commission may have recourse to for the management of the programme.
III. Controls and audits
For projects selected in accordance with the procedure described in Article 12(1), a sampling audit system will be established.
The beneficiary of a grant shall make available to the Commission all supporting documents relating to expenditure for a period of five years reckoned from the date of the final payment. The beneficiary of a grant shall ensure that, where applicable, supporting documents in the possession of partners or members are made available to the Commission.
The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the contract and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.
Commission staff and outside personnel authorised by the Commission shall have appropriate access to the offices of the beneficiary and to all the information, including information in electronic format, needed in order to conduct such audits.
The Court of Auditors and the European Anti-Fraud Office (OLAF) shall enjoy the same rights, especially of access, as the Commission.
In order to protect the European Communities' financial interests against fraud and other irregularities, the Commission may carry out on-the-spot checks and inspections under this programme in accordance with Council Regulation (Euratom, EC) No 218596 (1). Where necessary, investigations shall be conducted by OLAF and these shall be governed by Regulation (EC) No 10731999 of the European Parliament and of the Council (2).
IV INFORMATION, COMMUNICATION AND PROMOTIONAL ACTIVITIES
1. Commission
The Commission may organise seminars, conferences or meetings in order to facilitate the implementation of the programme, and undertake information, publication and dissemination and promotional activities as appropriate, as well as the monitoring and evaluation of the programme. Such activities may be financed by means of grants, or the public procurement process, or be organised and financed directly by the Commission.
2. Contact points
The Commission and the Member States shall organise on a voluntary basis and reinforce the exchange of information useful for the implementation of the programme via the cultural contact points acting as implementing bodies at national level, under the terms of Article 54(2)(c) and (3) of the Financial Regulation.
V Overall budget breakdown
Breakdown of the annual budget for the programme
|
|
Percentage of the budget |
|
Strand 1 (support for projects) |
Approx. 75 % |
|
— multi-annual cooperation networks |
Approx. 29 % |
|
— cooperation measures |
Approx. 30 % |
|
— special actions |
Approx. 16 % |
|
Strand 2 (support for organisations) |
Approx. 14 % |
|
Strand 3 (analysis and information |
Approx. 5 % |
|
Total operational expenditure |
Approx. 94 % |
|
Programme management |
Approx. 6 % |
P6_TA(2005)0398
MEDIA 2007 ***I
European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007) (COM(2004)0470 - C6-00932004 - 2004/0151(COD))
(Codecision procedure: first reading)
The European Parliament,
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— |
having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0470) (1), |
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— |
having regard to Articles 251(2), 157(3) and 150(4) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-00932004), |
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having regard to Rule 51 of its Rules of Procedure, |
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— |
having regard to the report of the Committee on Culture and Education and the opinions of the Committee on Foreign Affairs, the Committee on Budgets, the Committee on Industry, Research and Energy, the Committee on Civil Liberties, Justice and Home Affairs, and the Committee on Women's Rights and Gender Equality (A6-02782005), |
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1. |
Approves the Commission proposal as amended; |
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2. |
Stresses that the appropriations set out in the Commission proposal for the post-2006 period are dependent on the decision on the next multiannual financial framework; |
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3. |
Calls on the Commission to submit, where appropriate, a proposal to adjust the financial reference amount for this programme once the next multiannual financial framework has been adopted; |
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4. |
Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
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5. |
Instructs its President to forward its position to the Council and Commission. |
(1) Not yet published in OJ.
P6_TC1-COD(2004)0151
Position of the European Parliament adopted at first reading on 25 October 2005 with a view to the adoption of Decision No .../2005/EC of the European Parliament and of the Council concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 157(3) and 150 (4) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the procedure referred to in Article 2 51 of the Treaty (3),
Whereas:
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(1) |
The European audiovisual sector has a key role to play in the emergence of European citizenship because it is one of the principal vectors for conveying the Union's common, fundamental, social and cultural values to Europeans and especially young people. Community support is designed to enable the European audiovisual sector to promote intercultural dialogue, increase mutual awareness amongst Europe's cultures and develop its political, cultural, social and economic potential, which constitutes genuine added value in the task of making European citizenship a reality . It is also intended to enhance competitiveness and, in particular, to increase the market share in Europe of non-national European works. |
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(2) |
It is also necessary to promote active citizenship and to do more to ensure respect for the principle of human dignity, promote equality between women and men and combat all forms of discrimination and exclusion, including racism and xenophobia. |
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(3) |
The increasing presence and empowerment of women in the audiovisual sector can bring about a change in its content and attract a wider female audience and is crucial for gender equality in society as a whole. |
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(4) |
Community support to the audiovisual sector takes account of Article 151 of the Treaty, which provides that:
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(5) |
Community support to the audiovisual sector is also in keeping with the new strategic aim defined for the European Union by the Lisbon European Council of 23 and 24 March 2000, namely to boost training, employment, economic reform and social cohesion in a knowledge-based economy. In its conclusions, the Council stated that “the content industries create added value by exploiting and networking European cultural diversity”. This approach was confirmed in the conclusions of the Brussels European Council of 20 and 21 March 2003. |
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(6) |
Finally, Community support to the audiovisual sector is based on the considerable experience acquired in the MEDIA I, MEDIA II, MEDIA Plus and MEDIA - Training programmes (4), which have helped the European audiovisual industry to develop since 1991. This has emerged clearly in the evaluation of the above programmes (5). |
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(7) |
This showed that Community action should concentrate mainly:
and that support for digital services and European catalogues must be made a priority in order to overcome the fragmentation of the European audiovisual market. |
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(8) |
The MEDIA programme should encourage authors (such as scriptwriters and directors) in the creative process and encourage them to develop and adopt new creative techniques which will strengthen the innovative capacity of the European audiovisual sector. |
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(9) |
There is more than one platform for digitisation in the projection of films, and the choice of platform depends on the various uses, users and needs. Pilot projects under the MEDIA programme could be a test ground from which new standards could be drawn as needed by the audiovisual sector. |
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(10) |
The preparatory action “Growth and Audiovisual: i2i Audiovisual”, complementary to the MEDIA Plus and MEDIA Training programmes, marked a further stage in implementing the policy of Community support for the audiovisual sector. It was intended specifically to provide a remedy for the problems of access to funding of small and medium-sized enterprises (SMEs) in the sector. The evaluation of “Growth and Audiovisual: i2i Audiovisual” confirmed that it met the sector's needs and confirmed the need to pursue Community action along these lines , but made clear that it should be more closely geared towards the specific needs of the sector . |
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(11) |
The European audiovisual sector is characterised by its considerable potential for growth, innovation and dynamism, by the fragmentation of the market as a function of cultural and linguistic diversity and, consequently, by a large number of medium-sized, small and very small enterprises with chronic under-capitalisation. For the purposes of implementing Community support, the specific nature of the audiovisual sector must be taken into account and it must be ensured that administrative and financial procedures are proportionate to the amount of support at issue and, as far as possible , are greatly simplified and adapted to the aims pursued and the sector's practices and requirements. In particular, simplification must lead to a reduction in the time that elapses between the planning of projects and making them accessible to the public. |
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(12) |
Throughout the European Union one major obstacle to competition is the almost complete lack of companies specialising in providing loan financing in the audiovisual sector. |
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(13) |
All actions adopted under this programme must be compatible with the Charter of Fundamental Rights of the European Union and, in particular, Article 11 thereof, on freedom of expression and media pluralism. |
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(14) |
The Commission and the Member States should review their support for the audiovisual sector, in particular the results of preparatory i2i action, to establish the extent to which future support can simplify the development of specialist products for SMEs in terms of loan financing. |
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(15) |
Where loan finance systems have been developed in the Member States to promote national audiovisual projects and to mobilise private capital, it is necessary to examine how such capital can be made available, with the support of MEDIA 2007, for non-national European projects. |
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(16) |
Article 3 of the Treaty establishing the European Community provides that for all activities it envisages the Community shall aim to eliminate inequalities and to promote equality between men and women , and Article 13 of the Treaty provides for the Community to take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The programme will also meet the access needs of citizens with disabilities, in particular those with special needs and hearing problems. |
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(17) |
Article 11 -82 of the Treaty establishing a Constitution for Europe provides that the Union shall respect cultural and linguistic diversity, and it is therefore necessary to take account of the specific requirements of the smaller Member States and of Member States containing more than one linguistic region. |
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(18) |
Increased transparency and dissemination of information about the European audiovisual market can make operators in the sector, and especially SMEs, more competitive. Increased transparency and dissemination of information encourage private investors' confidence by improving understanding of the industry's potential. They also make it easier for Community action to be evaluated and followed up. Participation by the European Union in the European Audiovisual Observatory should help it to achieve these aims. |
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(19) |
In a European Union of 25 Member States, cooperation is increasingly becoming a strategic approach designed to strengthen the competitiveness of the European film industry. There is therefore a need for greater support for EU wide networks at all MEDIA programme levels - training, development, distribution and promotion. This applies in particular to cooperation with players from the Member States which joined the Union after 30 April 2004. It should be emphasised that any strategy for cooperation between players in the audiovisual sector must comply with European Union competition law. |
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(20) |
Public financial support for cinema at European, national, regional or local level is essential for overcoming the sector's structural difficulties and enabling the European audiovisual industry to meet the challenge of globalisation. Public support schemes should be in accordance with Article 87(3) (d) and Article 151(4) of the Treaty and should not be open to liberalisation within the framework of international trade negotiations. |
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(21) |
European Union accession countries and those EFTA countries which are parties to the EEA Agreement are recognised as potential participants in Community programmes in accordance with the agreements concluded with those countries. |
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(22) |
Cooperation between the MEDIA programme and Eurimages needs to be strengthened, but this should not entail integration of financial and administrative matters. |
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(23) |
The European Council in Thessalonica of 19 and 20 June 2003 adopted “The agenda for the Western Balkans: Moving towards European integration”, providing that Community programmes should be open to countries in the process of stabilisation and association on the basis of framework agreements to be signed between the Community and those countries. |
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(24) |
The other European countries which are parties to the Council of Europe Convention on Transfrontier Television are an integral part of the European audiovisual area and should therefore be enabled to participate in this programme on the basis of supplementary appropriations in accordance with conditions to be laid down in the agreements between the parties concerned; those countries should be able, if they wish and taking into account budgetary considerations or the priorities of their audiovisual industries, to participate in the programme or benefit under a more limited cooperation formula on the basis of supplementary appropriations and specific arrangements to be agreed between the parties concerned. |
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(25) |
Cooperation with non-European third countries developed on the basis of mutual and balanced interests may create added value for the European audiovisual industry in terms of promotion, market access, distribution, dissemination and exhibition of European works in those countries; such cooperation should be developed on the basis of supplementary appropriations and specific arrangements to be agreed upon with the parties concerned. |
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(26) |
Suitable measures should be implemented to prevent irregularities and fraud and to recover funds which have been lost or transferred or used improperly. |
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(27) |
This Decision establishes a budget for the entire duration of the programme which constitutes a benchmark within the meaning of points 33 and 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of budgetary procedure (6). |
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(28) |
The measures required to implement this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7), |
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(29) |
Provision needs to be made for measures governing the transition from the programmes established by Council Decision No 2000/821/EC and Decision No 163/2001/EC, and the programme established by this Decision. |
HAVE DECIDED AS FOLLOWS:
Chapter 1
Global objectives and budget
Article 1
Objectives and priorities of the programme
1. This Decision establishes a programme of support for the European audiovisual sector, hereinafter referred to as the “programme”, for a period running from 1 January 2007 to 31 December 2013.
2. The audiovisual sector is an essential vector for conveying and developing fundamental European social and cultural values and for creating highly skilled future-oriented jobs. Its creativity is a positive factor in terms of competitiveness and cultural appeal to the public. The programme is intended to strengthen the audiovisual sector economically to enable it to play its cultural roles more effectively by developing an industry with powerful and diversified content and a valuable and accessible heritage.
The global objectives of the programme are to:
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(a) |
preserve and enhance European linguistic and cultural diversity and its cinematographic and audiovisual heritage, guarantee its accessibility to all European citizens, promote media pluralism and freedom of expression, and promote intercultural dialogue, both within the Union and between the Union and its neighbours ; |
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(b) |
increase the circulation of European audiovisual works inside and outside the European Union through greater cooperation between players ; |
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(c) |
strengthen the competitiveness of the European audiovisual sector and European audiovisual works on the European and those international markets favourable to employment by promoting links between those who work in the sector ; |
3. In order to achieve these objectives, the programme shall support:
|
(a) |
upstream of audiovisual production: the acquisition and improvement of skills in the audiovisual field and the development of European audiovisual works; |
|
(b) |
downstream of audiovisual production: the distribution and promotion of European audiovisual works; |
|
(c) |
pilot projects to ensure that the programme adjusts to market developments. |
4. The priorities in the areas for intervention set out in paragraph 3 shall be as follows:
|
(a) |
fostering creativity in the audiovisual sector and knowledge and dissemination of Europe's cinematographic and audiovisual heritage; |
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(b) |
strengthening the financing and production structure of the European audiovisual sector, particularly SMEs; |
|
(c) |
reducing the imbalances in the European audiovisual market between high production capacity countries and countries or regions with low production capacity and/or a restricted geographic and linguistic area; |
|
(d) |
following and supporting market developments with regard to digitisation, including the promotion of attractive digital catalogues of European films on digital platforms; |
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(e) |
improving the marketing of European audiovisual works. |
Article 2
Budget
1. The indicative financial framework for implementing this programme for the seven year period as from 1 January 2007 set out in Article 1(1) is fixed at EUR 1 055 million.
2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.
3. In the exceptional event of a change in the duration of the programme, the amount originally fixed shall be changed only with strict regard for proportionality.
Chapter 2
Specific objectives upstream of audiovisual production
Article 3
Acquisition and improvement of skills in the audiovisual field
In the field of acquisition and improvement of skills, the specific objectives of the programme shall be to:
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1. |
strengthen the skills of European audiovisual professionals in the fields of development, production, distribution/dissemination and promotion, in order to improve the quality and potential of European audiovisual works. The programme shall support action in, inter alia, the following areas:
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Steps should also be taken to ensure the participation of professionals and trainers from countries other than those in which training activities supported under points (a) to (c) take place.
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2. |
improve the European dimension of audiovisual training activities by.
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3. |
enable, through special scholarships, professionals from the new Member States and from other Member States that have a low audiovisual production capacity and/or cover a small geographical and/or linguistic area to take part in the training activities set out in paragraph 1. |
The measures set out in paragraphs 1 to 3 shall be implemented in accordance with the provisions in the Annex.
Article 4
Development
1. In the development sector, the specific objectives of the programme shall be to:
|
(a) |
support the development of production projects intended for the European and international markets submitted by independent production companies; |
|
(b) |
support the elaboration of financial plans for companies and projects for European productions, in particular the financing of co-productions. |
The measures set out in points (a) and (b) shall be implemented in accordance with the provisions of the Annex.
2. The Commission shall take steps to ensure that the activities supported in the field of improving professional skills and those set out in paragraph 1 complement each other.
Chapter 3
Specific objectives downstream of audiovisual production
Article 5
Distribution and dissemination
In the field of distribution and dissemination, the programme's specific objectives shall be to:
|
(a) |
strengthen European distribution by encouraging distributors to invest in the co-production, acquisition and promotion of non-national European films and to set up coordinated marketing strategies; |
|
(b) |
improve the circulation of non-national European films on the European and international markets by incentive measures for export, distribution on any medium and cinema exhibition; |
|
(c) |
promote the transnational dissemination of European audiovisual works produced by independent production companies by encouraging cooperation between broadcasters on the one hand and independent producers and distributors on the other; |
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(d) |
encourage the digitisation of European audiovisual works and develop a competitive digital market ; |
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(e) |
encourage cinemas to exploit the possibilities offered by digital distribution; |
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(f) |
encourage the use of subtitling as a less costly means of facilitating the distribution and dissemination of European films beyond their national borders. |
The measures set out under points (a) to (f) shall be implemented in accordance with the provisions of the Annex.
Article 6
Promotion
In the field of promotion, the specific objectives of the programme shall be to:
|
(a) |
improve the circulation of European audiovisual works by ensuring that the European audiovisual sector has access to European and international professional markets; |
|
(b) |
improve the European and international public's access to European audiovisual works; |
|
(c) |
encourage common actions between national film and audiovisual programme promotion organisations; |
|
(d) |
encourage the promotion of Europe's cinematographic and audiovisual heritage, and improve the European and international public's access to it; |
|
(e) |
improve the promotion and marketing of European audiovisual works on digital platforms. |
The measures set out in points (a) to (e) shall be implemented in accordance with the provisions of the Annex.
Chapter 4
Pilot projects
Article 7
Pilot projects
1. The programme may support pilot projects to ensure that the programme adapts to market developments, particularly in connection with the introduction and utilisation of information and communication technologies.
2. For the purposes of implementing paragraph 1, the Commission shall be advised by technical advisory groups made up of experts designated by the Member States in response to a proposal by the Commission.
Chapter 5
Arrangements for implementing the programme and financial provisions
Article 8
Provisions concerning third countries
1. The programme shall be open to the participation of the following countries as long as the required conditions are met and supplementary appropriations are received:
|
(a) |
EFTA States which are members of the EEA, in accordance with the provisions of the EEA agreement; |
|
(b) |
accession countries benefiting from a strategy for pre-accession to the European Union in accordance with the general principles and general conditions and arrangements for those countries participating in Community programmes laid down in the framework agreement and the Association Councils' decisions respectively; |
|
(c) |
the Western Balkan countries in accordance with arrangements made with those countries following framework agreements to be established governing their participation in Community programmes. |
2. The programme shall also be open to the participation of States which are parties to the Council of Europe Convention on Transfrontier Television other than those referred to in paragraph 1, assuming that supplementary appropriations are received in compliance with the conditions to be agreed upon between the parties concerned.
3. Opening up of the programme to European third countries covered by paragraphs 1 and 2 may be subject to prior examination of the compatibility of their national legislation with Community legislation, including Article 6.1, paragraph 5, of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (8). This provision does not apply to actions under Article 3.
4. The programme shall also be open to cooperation with other third countries which have concluded association and cooperation agreements with the European Union incorporating clauses on the audiovisual sector and on the basis of supplementary appropriations and specific arrangements to be agreed upon. The Western Balkan countries referred to in paragraph 1 and those European countries covered by the European Neighbourhood Policy that do not wish to participate fully in the programme may benefit from cooperation with the programme under the conditions provided for in this paragraph.
Article 9
Financial provisions
1. In accordance with Article 114(1) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (9), the beneficiaries of the programme may be natural persons.
Without prejudice to the agreements and conventions to which the Community is a contracting party, enterprises which benefit from the programme must be owned and must continue to be owned, whether directly or by majority participation, by Member States and/or Member State nationals.
2. In accordance with Article 176(2) and (4) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (10), the Commission may decide, depending on the beneficiaries and the type of action, whether they may be exempted from verification of the professional skills and qualifications required to successfully complete an action or programme of work.
3. Depending on the type of action, financial aid may take the form of grants (11) or scholarships. The Commission may also award prizes for the programme's activities or projects. Depending on the nature of the activity, flat-rate financing or the use of scales of unit costs may be authorised in accordance with Article 181 of Regulation (EC, Euratom) No 2342/2002.
4. The Commission shall adhere to the proportionality principle as regards the eligibility criteria and the documents to be supplied and filled in by applicants.
5. Financial aid awarded under the terms of the programme may not exceed 50 % of the final costs of the operation supported. However, in the cases expressly provided for in the Annex, financial aid may be as high as 75 %. Furthermore, the procedures for granting such aid shall be transparent and objective.
6. In keeping with the specific nature of the activities cofunded and Article 112(1) of Regulation (EC, Euratom) No 1605/2002, the Commission may deem costs directly linked with implementing the activity supported to be eligible, even if they were partially incurred by the beneficiary before the selection procedure.
7. In accordance with Article 113(1) of Regulation (EC, Euratom) No 1605/2002 (12), cofunding may be provided either entirely or partly in kind as long as the value of the contribution does not exceed the cost actually borne and duly supported by accounting documents, or the cost generally accepted in the market in question.
8. Any sums reimbursed under the programme, those from the MEDIA programmes (1991 to 2006) and sums not used by selected projects shall be allocated to the requirements of the MEDIA 2007 programme.
Article 10
Implementation of this Decision
1. The Commission shall be responsible for implementing the programme in accordance with the arrangements laid down in the Annex.
2. The measures for the implementation of this Decision concerning the matters referred to below shall be adopted in accordance with the management procedure referred to in Article 11(2):
|
(a) |
the general guidelines for all the measures described in the Annex, |
|
(b) |
the content of the calls for proposals, the definition of the criteria and the procedures for the selection of projects; |
|
(c) |
questions concerning the annual internal breakdown of the programme resources, including the breakdown between measures in the fields of improving professional skills, development, distribution/dissemination and promotion; |
|
(d) |
the arrangements for monitoring and evaluating actions. |
3. The measures necessary for implementing this Decision with regard to any other matters shall be adopted in accordance with the advisory procedure referred to in Article 11(3).
Article 11
Committee
1. The Commission shall be assisted by a committee made up of representatives of the Member States and chaired by a Commission representative.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision No 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision No 1999/468/EC shall be set at two months.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision No 1999/468/EC shall apply, having regard to Article 8 thereof.
4. The committee shall adopt its rules of procedure.
Article 12
MEDIA Desks
1. The European network of MEDIA Desks shall act as an implementing body for disseminating information on the programme at national level , in particular for cross-border projects, whilst abiding by Article 54 (2)(c) and (3) of Regulation (EC, Euratom) No 1605/2002 as defined at point 2.2 of the Annex.
2. The cooperation of MEDIA Desks in networks, especially proximity networks, shall be encouraged in order to facilitate exchanges and contacts between professionals, and create public awareness of key events in the programme as well as prizes and awards; the MEDIA Desks play a valuable role as information and service suppliers in facilitating the emergence of new audiovisual centres.
3. The MEDIA Desks shall respect the following criteria:
|
— |
have an adequate number of staff, with professional and linguistic capacities appropriate for work in an environment of international cooperation; |
|
— |
have an appropriate infrastructure, in particular as regards computing and communications; |
|
— |
operate in an administrative context which enables them to carry out their tasks satisfactorily and to avoid conflicts of interest. |
4. The Commission shall encourage the setting-up of MEDIA desks and MEDIA antennae in countries and regions with low production capacity in accordance with the priorities set out in Article 1(4), point (c), and promote their visibility.
Article 13
The programme's contribution to other Community policies and prerogatives
1. The programme shall help to strengthen the European Community's horizontal policies by:
|
(a) |
promoting the fundamental principles of freedom of expression and media pluralism and independence ; |
|
(b) |
encouraging awareness of the importance of cultural diversity and multiculturalism in Europe , better mutual recognition of its different cultures as a means of making European citizenship a reality and creating an inclusive society, and the need to combat all forms of discrimination, including racism and xenophobia, |
|
(c) |
encouraging awareness of the importance of contributing to sustainable economic development; |
|
(d) |
helping to combat all forms of discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation and to promote equality between women and men; |
|
(e) |
contributing to the debate on and information about the European Union as an area of equality, peace , democracy, freedom , prosperity, security and justice. |
2. The Commission shall ensure cooperation between this programme and other Community programmes in the areas of education, training and research and in relation to the information society.
3. The Commission shall ensure effective cooperation between this programme and actions in the education and audiovisual field in the context of cooperation between the Union, non-member States and the relevant international organisations, in particular the Council of Europe (by way of Eurimages and the European Audiovisual Observatory).
4. The Commission shall take steps to ensure that the activities carried out under this programme complement other Community and Europe-wide activities in the field of education and training that relate to film and the audiovisual sector.
Article 14
Monitoring and evaluation
1. The Commission shall ensure that the actions covered by this Decision are subject to prior evaluation, monitoring and ex post evaluation. It shall ensure that the programme is accessible and implemented in a transparent manner .
This monitoring process will comprise drawing up the reports mentioned in points 3(a) and (c) and specific activities.
2. The Commission shall ensure that the programme is evaluated regularly, externally and independently.
3. The Commission shall present to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:
|
(a) |
an interim evaluation report on the results , on matching the programme to the technological context and its impact on the European market, and on the qualitative and quantitative aspects of implementing the programme , three years after its adoption; the report shall in particular make it possible to assess the effectiveness of structural improvement measures in countries that have recently joined the Union ; |
|
(b) |
a communication on the continuation of the programme , four years after its adoption ; |
|
(c) |
a detailed ex-post evaluation report covering the implementation and results of the programme, on completion of its implementation . |
Article 15
Transitional provisions
Activities undertaken before 31 December 2006 on the basis of Decision No 2000/821/EC and Decision No 163/2001/EC will continue to be managed until they are terminated in compliance with the provisions of these Decisions.
The committee provided for by Article 8 of Decision No 2000/821/EC and Article 6 of Decision No 163/ 2001/EC shall be replaced by the committee provided for under Article 11 of this Decision.
Chapter 6
Information about the European audiovisual sector and participation in the European Audiovisual Observatory
Article 16
Information about the European audiovisual sector
The European Union shall contribute to increased transparency and dissemination of information about the European audiovisual sector.
Article 17
Participation in the European Audiovisual Observatory
For the purposes of implementing Article 16, the European Union shall be a member of the European Audiovisual Observatory throughout the programme.
The Commission shall represent the European Union in its dealings with the Observatory.
Article 18
Contribution to meeting the programme's objectives
Participation by the European Union in the European Audiovisual Observatory shall form an integral part of this programme and shall contribute to meeting its objectives:
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— |
by encouraging transparency in the market through the improved comparability of data collected in the various countries and ensuring that operators have access to financial and legal statistics and information, thereby enhancing the European audiovisual sector's ability to compete and develop; |
|
— |
by enabling the programme to be monitored more effectively and making it easier to evaluate; |
|
— |
by initiating research, to complement the financial evaluation, in coordination with the European Audiovisual Observatory, into audiences, their habits and preferences. |
Article 19
Monitoring and assessment
Monitoring and evaluation of the European Union's participation in the European Audiovisual Observatory shall be carried out within the framework of the evaluation and monitoring of the programme in accordance with Article 14.
Chapter 7
Entry into force
Article 20
Entry into force
This Decision shall enter into force on the day following its publication in the official journal of the European Union and shall take effect from 1 January 2007.
Done at ..., on ...
For the European Parliament
President
For the Council
President
(1) OJ C 255 of 14.10.2005, p. 39 .
(2) OJ C 164 of 5.7.2005, p. 76 .
(3) Position of the European Parliament of 25 October 2005.
(4) Programmes which were established by Council Decision 90/685/EEC of 21 December 1990 concerning the implementation of an action programme to promote the development of the European audiovisual industry (MEDIA) (1991-1995) (OJ L 380, 31.12.1990, p. 37); Council Decision 95/563/EC of 10 July 1995 on the implementation of a programme encouraging the development and distribution of European audiovisual works (MEDIA 11 - Development and distribution) (1996-2000) (OJ L 321, 30.12.1995, p. 25); Council Decision 95/564/EC of 22 December 1995 on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA 11- Training) (OJ L 321, 30.12.1995, p. 33); Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus - Development, Distribution and Promotion) (2001-2005) (OJ L 336 of 30.12.2000, p. 82), Decision as last amended by Decision No 846/ 2004/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 4) and Decision No 163/2001/EC of the European Parliament and the Council of 19 January 2001 on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA - Training) (2001-2005) (OJ L 26, 27.1.2001, p. 1), Decision as last amended by Decision No 845120041EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 1) respectively.
(5) Report from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions: Report on implementation and results of the MEDIA II programme (1996-2000) COM(2003)0802, 18.12.2003, Report from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions: Report on the implementation and mid-term results of the MEDIA Plus and the MEDIA - Training programmes (2001-2005) and the results of the preparatory action “Growth and audiovisual: i2i audiovisual”COM(2003)0725, 24.11.2003.
(6) OJ C 172 of 18.6.1999, p. 1.
(7) OJ L 184 of 17.7.1999, p. 23.
(8) OJ L 298 of 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202 of 30.7.1997, p. 60).
(9) OJ L 248 of 16.9.2002, p. 1.
(10) OJ L 357 of 31.12.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).
(11) In the case of selective aid for distribution and in compliance with Article 109 (2) of Regulation (EC, Euratom) No 1605/2002 and Article 168, first paragraph, of Regulation (EC, Euratom) No 2342/2002, overall takings during the first year of cinematographic marketing of the film will be reimbursed to the tune of the MEDIA contribution (excluding support for dubbing/subtitling).
(12) In conjunction with Article 172 of Regulation (EC, Euratom) No 2342/2002.
ANNEX
Chapter 1 : Operational objectives and actions to be implemented
1. Acquisition and improvement of skills in the audiovisual field
1.1. Strengthen European audiovisual professionals' skills in the fields of development, production, distribution/dissemination and promotion in order to improve the quality and the potential of European audiovisual works.
1.1.1. Scriptwriting techniques
Operational objective:
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— |
Enable experienced scriptwriters to improve their capacities to develop techniques based on traditional and interactive methods of writing. |
Action to be implemented
|
— |
Support the development and the implementation of training modules on identifying the target public, editing and development of scripts for an international public, and the relationship between the scriptwriter, the script editor, the producer and the distributor. |
|
— |
Support distance learning and encourage exchanges and partnerships associating countries and regions with low audiovisual production capacity and/or with a restricted linguistic or geographical area. |
1.1.2. Economic, financial and commercial management of production, distribution and promotion of audiovisual works
Operational objective
|
— |
Develop the professionals' ability to grasp and integrate the European dimension into the fields of development, production, marketing, distribution/dissemination and promotion of audiovisual programmes. |
Action to be implemented
|
— |
Support, in addition to the actions carried out by the Member States, the development and updating of training modules in management, taking into account the European dimension. |
|
— |
Support distance learning and encourage exchanges and partnerships associating countries and regions with low audiovisual production capacity and/or with a restricted linguistic or geographical area. |
|
— |
Set a maximum charge for providing and making available the material of the 25 Member States' national film libraries when that material is to be used by SMEs producing films or programmes with similar content or by independent film producers who are nationals of or have their registered office in a Member State. Where the material is used for commercial purposes and the aim of the producer who requested the material is to create a similar product, financial negotiation shall be possible, provided that the principles of pluralism and knowledge and dissemination of cultural heritage are always observed. |
1.1.3. Inclusion upstream of digital technologies for the production, post-production, distribution, marketing and archiving of European audiovisual programmes
Operational objective
|
— |
Develop the professionals' capacity to use digital technologies, in particular in the fields of production, post-production, distribution, marketing, archiving and multimedia. |
Action to be implemented
|
— |
Support the development and implementation of training modules in digital audiovisual technologies, in addition to the actions carried out by the Member States. |
|
— |
Support distance learning and encourage exchanges and partnerships associating countries and regions with low audiovisual production capacity and/or with a restricted linguistic or geographical area. |
1.2. Improve the European dimension of audiovisual training activities
1.2.1. Support for the networking and mobility of European training professionals (European film schools, training institutes, partners in the professional sector)
Operational objective
|
— |
Encourage exchanges and regular cooperation between existing training institutions and/or activities. |
Action to be implemented
|
— |
Encourage the programme beneficiaries to intensify coordination of their initial and further training activities in order to develop a European network , eligible for Community support, in particular for cooperation involving players, including television broadcasters, from Member States which acceded to the European Union after 30 April 2004, and/or Member States with a low audiovisual production capacity and/or restricted geographical or linguistic area. |
1.2.2. Training for trainers
Operational objective
|
— |
Ensure that trainers are competent. |
Action to be implemented
|
— |
Contribute to training for trainers, in particular by distance learning. |
1.2.3. Support for individual training maps
Operational objective
|
— |
Encourage mobility of cinema students in Europe. |
Action to be implemented
|
— |
Mobility scholarships linked to a training project. |
1.2.4. Introduction of coordination and promotion measures by the bodies supported under point 1.1.1 of this Annex
Operational objective
|
— |
Promote coordination and promotion of the projects supported by the programme. |
Action to be implemented
|
— |
Contribute to the adoption of targeted actions of coordination and promotion of the training activities supported by the programme. |
1.2.5. Enable, through special scholarships, the professionals from the Member States which acceded to the European Union after 30 April 2004and from other Member States that have a low audiovisual production capacity and/or cover a small geographical and/or a linguistic area to take part in the training activities set out in point 1.1.1 of this Annex
Operational objective
|
— |
Facilitate the participation by professionals from the Member States which acceded to the European Union after 30 April 2004and from other Member States that have a low audiovisual production capacity and/or cover a small geographical area and/or linguistic area in the projects supported by the programme. |
Action to be implemented
|
— |
Contribute to setting up a grant mechanism. |
2. Development
2.1. Support the development of production projects intended for the European and international markets submitted by independent production companies
Operational objectives:
|
— |
Support the development of European works of the following types: drama, animation, documentary and multimedia; |
|
— |
Encourage companies to produce quality projects with international potential; |
|
— |
Encourage the development of new talents and professionals through the establishment of the Pier Paolo Pasolini Prize for New Talent. |
|
— |
Encourage companies to use digital technologies in production and distribution as from the development phase. |
|
— |
Encourage companies to devise strategies for international screening, marketing and distribution as from the development phase. |
|
— |
Enable SMEs to access support for development and tailor actions to meet their needs. |
|
— |
Ensure complementarity with the actions supported by MEDIA to improve audiovisual professionals' skills. |
Action to be implemented
|
— |
Support the development of audiovisual projects or project catalogues , in particular for cooperation involving players from the Member States which acceded to the European Union after 30 April 2004 and/or Member States with a low audiovisual production capacity and/or restricted geographical or linguistic area . |
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— |
Support digitisation of European audiovisual works as from the development phase. |
2.2. Support the elaboration of financing plans for European production companies and projects, including co-production projects
Operational objectives:
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— |
Encourage the elaboration of financing plans by production companies for works of the following types: drama, animation, documentary and multimedia. |
|
— |
As a follow-up to the preparatory i2i action, encourage the search for financial partners at European level to achieve synergy between public and private investors and the devising of distribution strategies as from the production phase. |
Action to be implemented
|
— |
Support the side costs of private financing of production and co-production projects presented by SMEs (such as financial expenses, insurance and completion guarantee costs). |
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— |
Support access by SMEs, in particular independent production companies, to financial companies active in drawing up investment plans for the development and co-production of audiovisual works with potential for international distribution. |
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— |
Encourage financial intermediaries to support the development and co-production of audiovisual works with potential for international distribution. |
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— |
Support cooperation between national agencies in the audiovisual sector. |
3. Distribution and dissemination
Horizontal operational objective
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— |
Enhance the linguistic diversity of European audiovisual works distributed. |
Action to be implemented
|
— |
Support dubbing and subtitling for distribution and dissemination, through all available channels, in particular by digital media, of European audiovisual works for the benefit of producers, distributors and broadcasters. |
3.1. Strengthen European distribution by encouraging distributors to invest in the co-production, acquisition and promotion of non-national European films and to set up coordinated marketing strategies
Operational objective No 1
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— |
Encourage cinematographic distributors to invest in the co-production, acquisition , rights of exploitation and promotion of non-national European films. |
Actions to be implemented
|
— |
Establish a system of automatic support for European distributors, proportional to cinema admissions for non-national European films in the Member States taking part in the programme, subject to a ceiling for each film and adjusted for each country. |
|
— |
The support thus generated may be used by distributors only for investment in: |
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— |
non-national European film co-production; |
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— |
the acquisition of non-national European films; |
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— |
editing (copying, dubbing and subtitling), promotion and advertising of non-national European films. |
Operational objective No 2
|
— |
Encourage European distributors to cooperate with a view to adopting joint strategies on the European market. |
Action to be implemented
|
— |
Establish a system of selective aid for non-national European film distribution intended for European distributor groupings and grant them direct aid where they exist on a permanent basis. |
Operational objective No 3
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— |
Encourage cooperation between distributors, producers and sales agents in order to set up international marketing strategies for European audiovisual works right from the production phase. |
Action to be implemented
|
— |
Establish a system of support for the creation of a promotion kit for European cinematographic works (including a subtitled copy, an international sound track — music and effects — and promotion materials). |
Operational objective No 4
|
— |
Encourage access to financing of SMEs for distribution and international sale of non-national European works. |
Action to be implemented
|
— |
Support the side costs (such as financial expenses and completion guarantee costs) connected with distribution and/or international sales activities such as: acquisition of European film catalogues, searching for new markets for these films, and setting up of permanent groupings of European distributors. |
3.2. Improve the circulation of non-national European films on the European and international markets by incentives measures for export, distribution on any medium and cinema exhibition
Operational objective No 1
|
— |
Encourage cinematographic distributors to invest in appropriate editing and promotion of nonnational European films. |
Actions to be implemented
|
— |
Establish a system of selective support for cinematographic distributors for the promotion and marketing of European films outside their production territory. The selection criteria for the films may include provisions aiming to differentiate between the projects according to their origin and the size of their budget. |
|
— |
Grant special support for films of interest for the development of European linguistic and cultural diversity, in particular in the form of aid for the release of a non-national European works catalogue over a given period. |
Operational objective No 2
|
— |
Encourage the screening of non-national European films on the European market, in particular by supporting the coordination of a cinema network. |
Action to be implemented
|
— |
Encourage cinema owners to screen a significant proportion of non-national European films in commercial cinemas for first release for a minimum defined period. The support granted to each cinema owner will be determined according to the number of tickets sold for non-national European films over a reference period. |
|
— |
Contribute to the development of educational and awareness-raising activities for young cinemagoers. |
|
— |
Support the creation and consolidation of a European cinema owners' network developing joint actions of this type. |
Operational objective No 3
|
— |
Encourage international sales and export of non-national European films in Europe and worldwide. |
Action to be implemented
|
— |
Establish a support system for European companies distributing cinema films internationally (sales agents) according to their performance on the market over a given period. This support will have to be invested in the acquisition and promotion of new European works on the European and international markets. |
3.3. Promote the transnational broadcasting of European audiovisual works produced by independent production companies by encouraging cooperation between broadcasters on the one hand, and independent producers and distributors on the other.
Operational objective No 1
|
— |
Encourage the broadcasting of non-national European audiovisual works from independent production companies. |
Actions to be implemented
|
— |
Encourage independent producers to produce works (drama, documentary and animation) involving the participation of at least three broadcasters from several Member States or at least two broadcasters from different Member States belonging to different linguistic areas. The selection criteria for the beneficiaries will include provisions aiming to differentiate between the projects according to the size of their budget. |
|
— |
Grant special support for films of interest for the enhancement of Europe's linguistic and cultural diversity and audiovisual heritage. |
Operational objective No 2
|
— |
Facilitate access to financing for European independent production companies. |
Action to be implemented
|
— |
Support the side costs (such as financial costs, insurance and completion guarantee costs) connected with the production of works (drama, documentary and animation) involving the participation of at least three broadcasters from several Member States or at least two broadcasters from different Member States belonging to different linguistic areas. |
Operational objective No 3
|
— |
Encourage the international distribution of European television programmes made by independent producers, bearing in mind that distribution of such programmes requires the approval of the independent producer, who should receive an appropriate percentage of the proceeds . |
Action to be implemented
|
— |
Establish a system of support for European international distribution companies of audiovisual works (international distributors) according to their performance on the market over a given period. Support thus generated will have to be invested by the international distributors in the acquisition and promotion of new European works on the European and international markets. |
3.4. Encourage the digitisation of European audiovisual works
Operational objective No 1
|
— |
Improve the distribution of non-national European works on digital media for private use (DVD), in particular by encouraging editors to cooperate on creating multilingual masters on a European scale. |
|
— |
Encourage the use of digital technologies in European works (creating digital masters which can be used by all European distributors). |
|
— |
Encourage editors in particular to invest in appropriate promotion and distribution of non-national European audiovisual works. |
|
— |
Support the multilingualism of European works (dubbing, subtitling and multilingual production). |
Action to be implemented
|
— |
Establish a system of automatic support for European cinematographic and audiovisual works editors on media intended for private use (such as DVD, DVD-ROM according to their performance on the market over a given period. Support thus generated will have to be invested by the editors in the editing and distribution of new non-national European works on digital media. |
|
— |
Support companies specialising in the digitisation of content |
Operational objective No 2
|
— |
Encourage on-line distribution of non-national European works through advanced distribution services and new media (Internet, video-on-demand, pay-per-view). |
|
— |
Encourage the European audiovisual programme industry to adapt to developments in digital technology, in particular with regard to advanced on-line distribution services. |
Action to be implemented
|
— |
Encourage European companies (on-line access suppliers, special-interest channels, etc.) - by measures to digitise works and create promotion and publicity material on digital media - to create European works catalogues in digital format intended for use on the new media. |
3.5. Encourage cinemas to exploit the possibilities offered by digital distribution
Operational objectives
|
— |
Encourage cinemas to invest in digital equipment, by facilitating access to credit by cinema owners. |
Action to be implemented
|
— |
Support the side costs (such as financial expenses and insurance) incurred by cinema owners for investment in digital equipment. |
4. Promotion
4.1. Improve the circulation of European audiovisual works by ensuring that the European audiovisual sector has access to the professional European and international audiovisual markets.
Operational objective No 1
|
— |
Improve the conditions of access for professionals to trade events and to professional audiovisual markets inside and outside Europe. |
Action to be implemented
|
— |
Provide technical and financial assistance in connection with events such as: |
|
— |
the principal European and international cinema markets; |
|
— |
the principal European and international television markets; |
|
— |
thematic markets, particularly for cartoons, documentary, multimedia and new technologies. |
Operational objective No 2 and action to be implemented
|
— |
Encourage and support the constitution of European catalogues and the setting up of databases of European programme catalogues intended for professionals. |
Operational objective No 3
|
— |
Encourage support for promotion from the pre-production or production phase. |
Action to be implemented
|
— |
Support the organisation of forums for the development, financing, co-production and distribution of European (or mainly European) works and programmes. |
|
— |
Set up and launch marketing and sales promotion campaigns for European cinematographic and audiovisual programmes during the production phase. |
4.2. Improve access to European audiovisual works for the European and international public
Operational objectives and action to be implemented
|
— |
Encourage and support audiovisual festivals to screen a majority or significant proportion of European works. |
|
— |
Prioritise and support festivals contributing to the promotion of works from Member States or regions with low audiovisual production capacity and of works produced by young Europeans, and enhancing linguistic and cultural diversity and intercultural dialogue. |
|
— |
Encourage and support initiatives for image education organised by youth festivals, in particular in close cooperation with schools and other institutions. |
|
— |
Encourage and support initiatives by professionals, in particular cinema owners, public or commercial television channels, festivals and cultural institutions which aim, in close cooperation with the Member States and the Commission, to organise promotional activities for the general public for European cinematographic and audiovisual creation. |
|
— |
Encourage and support the organisation of events with wide media coverage such as prize awards and European film festivals . |
|
— |
Support participation in festivals by young professionals and professionals from countries with a low audiovisual production capacity. |
4.3. Encourage common actions between national film and audiovisual programme promotion organisations
Operational objective:
|
— |
Encourage networking and coordination of European common actions and projects. |
Action to be implemented
|
— |
Support the creation of European promotion platforms. |
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— |
Support European groupings and umbrella organisations for national and/or regional promotion on the European markets and worldwide. |
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Support the networking of festivals, in particular the exchange of programming and of expertise. |
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Support the grouping of projects pursuing identical, similar and/or complementary aims. |
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Support the setting up of networks of databases and catalogues. |
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Make arrangements for exploring, as part of the process of systematically collecting cinematographic works forming part of the national heritage of the Member States and the European heritage, and as provided for by Recommendation [No .../... of the European Parliament and of the Council of... on film heritage and the competitiveness of related industrial activities] (1) , the possibility of establishing a network of databases encompassing the European audiovisual heritage, together with the relevant organisations, in particular the Council of Europe (by way of Eurimages and the European Audiovisual Observatory). |
4.4 Encourage promotion of and access to Europe's cinematographic and audiovisual heritage
Operational objective and action to be implemented
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Encourage and support the organisation of events, in particular those targeting young people, to promote Europe's cinematographic and audiovisual heritage. |
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Provide support for archives covering European cinematographic and audiovisual heritage. |
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Provide support for European cinematographic and audiovisual heritage on new and innovative distribution platforms. |
5. Pilot projects
Operational objective
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Ensure that the programme adapts to market developments, mainly in connection with the introduction and use of information and communication technologies. |
Action to be implemented
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Support pilot projects in areas considered by audiovisual sector players to be likely to be influenced by the introduction and use of new information and communication technologies. |
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Disseminate widely the results of pilot projects by organising conferences or on and off-line events to encourage the dissemination of good practices. |
Chapter 2: Arrangements for implementation
1. Community support
1.1. The share of the Community contribution in the cost of operations supported
The financial contribution from MEDIA may not exceed 50 % of the costs of operations supported, except in the following cases.
The financial contribution from MEDIA may be up to 60 % of the costs of operations supported:
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(a) |
for training activities in countries or regions with a low audiovisual production capacity and/or with a restricted linguistic or geographical area, |
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(b) |
for projects submitted under the development, distribution/dissemination and promotion strands which have the merit of highlighting the value of European linguistic and cultural diversity, |
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(c) |
for actions, amongst those described in point 1.3 of this Annex (distribution and dissemination), identified as conforming with the procedure set out in Article 11(2) of this Decision. |
The financial contribution from MEDIA may be up to 75 % of the costs of operations supported for training activities in the new Member States of the European Union. Attention will be focused on this provision during the mid-term evaluation of the programme.
1.2. Arrangements for Community support
Community support is in the form of grants or scholarships.
In the training sector, at least 10 % of the available funds each year must be allocated to new activities as far as possible.
1.3. Project selection
The selected projects must comply with:
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the provisions of this Decision and its Annex; |
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the provisions of Regulation (EC, Euratom) No 1605/2002 and Regulation (EC, Euratom) No 2342/2002. |
2. Communication
2.1. Commission
The Commission may organise seminars, symposia or meetings to help implement the programme and may institute any suitable information, publication and dissemination measures, particularly in connection with monitoring and evaluation of the programme. Such activities may be funded by grants or calls for tender or may be organised and financed directly by the Commission.
2.2. MEDIA desks and MEDIA antennae
The Commission, acting directly in concert with the Member States, shall establish a European network of MEDIA desks and MEDIA antennae, which will operate as an implementing body at national level in accordance with Article 54(2)(c) and (3) of Regulation (EC, Euratom) No 1605/2002 for the purposes of:
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(a) |
informing professionals in the audiovisual sector about the various types of aid available under European Union policies; |
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(b) |
publicising and promoting the programme; |
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(c) |
encouraging the greatest possible participation by professionals in the programme's activities; |
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(d) |
helping professionals to present their projects in response to calls for proposals; |
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(e) |
encouraging cross-border cooperation between professionals , institutions and networks; |
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(f) |
liaising with the various support bodies in the Member States in order to ensure that the programme's activities complement national support measures; |
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(g) |
providing data on national audiovisual markets and trends therein. |
3. information about the european audiovisual market, participation in the european audiovisual observatory and cooperation with the eurimages support fund
The programme provides the legal basis for the expenditure necessary to monitor Community audiovisual policy measures.
It provides for the European Union to continue participating in the European Audiovisual Observatory. This will ease access to information for operators and dissemination in the sector. It will also contribute to greater transparency in the production process. The programme could likewise enable the European Union to explore possible cooperation with the Council of Europe's Eurimages Support Fund for the co-production of cinematographic works, with a view to promoting the competitiveness of the European audiovisual sector on the international market. Such cooperation should not be of a financial nature.
4. Management tasks
The programme's financial allocation may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities, required directly for the management and the realisation of the objectives of the programme, in particular, studies, meetings, information and publication actions, expenses linked to computer networks focusing on information exchange, together with all other technical and administrative assistance expenses that the Commission may have recourse to for the management of the programme.
5. Checks and audits
For the projects selected in accordance with the procedure described in Article 9(3) of this Decision, a system of random auditing shall be set up.
Any beneficiary of a grant shall keep at the Commission's disposal for a period of five years following the final payment all supporting documents on the expenditure incurred. Beneficiaries shall ensure that, if necessary, any supporting document in the possession of partners or members is made available to the Commission.
The Commission, either directly through its staff or through any other qualified external agency of its choice, is entitled to carry out an audit on the use of the grant. These audits may be carried out throughout the term of the contract and for a period of five years from the date of the payment of the balance of the grant. The outcome of these audits may lead to a decision by the Commission to recover funds.
The Commission's staff and external persons authorised by the Commission shall have suitable access, in particular to the offices of the beneficiary and to all information needed, including that in electronic form, to carry out the audits properly.
The Court of Auditors and the European Anti-Fraud Office shall have the same rights, especially of access, as the Commission.
Moreover, in order to protect the European Communities' financial interests against fraud and other irregularities, the Commission is authorised to carry out checks and verifications in situ under the present programme, in compliance with Council Regulation (Euratom, EC) No 2185/96 (2). If necessary, investigations shall be carried out by the European Anti-Fraud Office and shall be governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council (3).
(1) OJ L ...
P6_TA(2005)0399
Introduction of 1 and 2 euro banknotes
European Parliament declaration on the introduction of 1 and 2 euro banknotes
The European Parliament,
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having regard to Rule 116 of its Rules of Procedure, |
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A. |
whereas many European citizens are still unhappy about the euro, |
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B. |
having regard to the impact which the absence of 1 and 2 euro banknotes has on people's perception of how much the equivalent coins are worth, |
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C. |
whereas the absence of such banknotes also has an adverse effect on their perception of how much cents are worth, |
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D. |
having regard to the positive impact which the issuing and circulation of 1 and 2 euro banknotes would have on inflation and keeping the cost of living under control, |
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E. |
whereas a decision on the issuing of such new banknotes is all the more necessary in view of the forthcoming introduction of the single currency in the new Member States, |
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F. |
having regard to the unquestionable advantages this would have in all the Member States, |
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1. |
Calls on the Commission, the Council and the European Central Bank to recognise the need to issue 1 and 2 euro banknotes; |
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2. |
Instructs its President to forward this declaration, together with the names of the signatories, to the Council, the Commission, the European Central Bank and the governments of the Member States. Names of the signatories: Adamou, Agnoletto, Albertini, Andria, Andrikienė, Angelilli, Antoniozzi, Arif, Arnaoutakis, Atkins, Attard-Montalto, Aubert, Audy, Ayuso González, Bachelot-Narquin, Badía i Cutchet, Barsi-Pataky, Battilocchio, Batzeli, Bauer, Beazley, Becsey, Beglitisn, Belohorská, Bennahmias, Berend, van den Berg, Berger, Berlato, Birutis, Bonino, Bono, Bonsignore, Borghezio, Bourlanges, Bowis, Bozkurt, Braghetto, Brejc, Breyer, Brie, Brok, Brunetta, Busk, Busuttil, Cabrnoch, Capoulas Santos, Carlotti, Carlshamre, Casa, Cashman, Caspary, Castex, Castiglione, del Castillo Vera, Cederschiöld, Cesa, Chatzimarkakis, Chmielewski, Christensen, Chruszcz, Cirino Pomicino, Claeys, Cocilovo, Corbey, Cornillet, Correia, Costa P., Cottigny, Coveney, Czarnecki M., Czarnecki R., D'Alema, Daul, Davies, De Keyser, Demetriou, De Michelis, Deprez, De Sarnez, Descamps, Désir, Dess, Deva, De Veyrac, Diaz De Mera Garcia Consuegra, Dillen, Dimitrakopoulos, Dionisi, Di Pietro, Doorn, Doyle, Drčar Murko, Duka-Zólyomi, Duquesne, Ebner, Elles, Esteves, Estrela, Ettl, Eurlings, Evans Robert, Falbr, Fatuzzo, Fava, Fazakas, Ferber, Fernandes, Fernández Martin, Ferreira A., Figueiredo, Fjellner, Flasarová, Florenz, Foglietta, Fontaine, Fotyga, Fourtou, Fraga Estévez, Frassoni, Freitas, Friedrich, Gal, Gala, Galeote Quecedo, Garcia-Margallo y Marfil, Gargani, Garriga Polledo, Gawronski, Geremek, Gibault, Gierek, Gklavakis, Golik, Gollnisch, Gomes, Goudin, Grabowska, de Grandes Pascual, Grech, Griesbeck, de Groen-Kouwenhoven, Grosch, Grossetėte, Gruber, Guellec, Gurmai, Gutiérrez-Cortines, Guy-Quint, Hamon, Handzlik, Hatzidakis, Hegyi, Henin, Hennicot-Schoepges, Herczog, Herranz Garcia, Herrero-Tejedor, Hudacký, Hutchinson, Hybášková, Ilves, Itälä, Iturgaiz Angulo, Janowski, Jaróka, Jarzembowski, Jeggle, Jensen, Jöns, Juknevičienė, Kacin, Kaczmarek, Kamall, Karatzaferis, Kasoulides, Kelam, Kinnock, Klamt, Klass, Koch, Koch-Mehrin, Konrad, Korhola, Kósáné Kovács, Koterec, Kozlík, Kratsa-Tsagaropoulou, Kreissl-Dörfler, Kristovskis, Kudrycka, La Russa, Laignel, Lambrinidis, Landsbergis, Lang, Laperrouze, Lavarra, Le Foll, Le Pen J. M., Le Pen M., Le Rachinel, Lehideux, Lehne, Leinen, Letta, Liberadzki, Libicki, Liese, Locatelli, Lombardo, López-Istúriz White, Louis, Maat, Madeira, Manders, Mann T., Mantovani, Markov, Marques, Martens, Martin D., Martinez, Masiel, Masip Hidalgo, Mathieu, Mato Adrover, Matsakis, Matsis, Matsouka, Mauro, Mavrom-matis, Mayor Oreja, McGuinness, McMillan-Scott, Méndez De Vigo, Mikko, Mikolášik, Mölzer, Moraes, Morgan, Morgantini, Morillon, Muscardini, Muscat, Musotto, Mussolini, Musumeci, Napoletano, Navarro, Niebler, van Nistelrooij, Novak, Obiols i Germà, Olajos, Oomen-Ruijten, Ory, Oviir, Pack, Panayotopoulos-Cassiotou, Pannella, Panzeri, Papadimoulis, Papastamkos, Parish, Pavilionis, Pinheiro, Pinior, Pirilli, Piskorski, Pistelli, Pittella, Pleštinskà, Podesta, Poli Bortone, Pomés Ruiz, Posselt, Prets, Prodi, Queiró, Remek, Resetarits, Reul, Ribeiro e Castro, Riera Madurell, Ries, Rivera, Roithová, Romagnoli, Roszkowski, Rothe, Rudi Ubeda, Rübig, Rutowicz, Ryan, Sacconi, Saïfi, Sakalas, Salafranca Sánchez-Neyra, Salinas Garcia, Salvini, Samaras, Santoro, dos Santos, Sartori, Saryusz-Wolski, Sbarbati, Schenardi, Schierhuber, Schröder, Schroedter, Schwab, Seeber, Siekierski, Sifunakis, Silva Peneda, Sinnott, Siwiec, Škottová, Sommer, Sonik, Sornosa Martínez, Sousa Pinto, Spautz, Speroni, Staniszewska, Starkevičiutė, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Swoboda, Szájer, Szymanski, Tabajdi, Tajani, Tannock, Tatarella, Thomsen, Toia, Trakatellis, Triantaphyllides, Tzampazi, Ulmer, Vakalis, Vanhecke, Van Hecke, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Ventre, Vernola, Vidal-Quadras Roca, Vincenzi, Wagenknecht-Niemeyer, Weber H., Weisgerber, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Xenogiannakopoulou, Záborskà, Zaleski, Zani, Zappala, Żelezný, Zile, Zingaretti, Zvėrina |