Pending: 32002D0673

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Decision 2001/572/EC(2), and in particular Article 20 thereof,Whereas:(1) Council Decision 90/424/EEC provides for financial aid from the Community for the undertaking of technical and scientific measures necessary for the development of Community veterinary legislation and for veterinary education or training.(2) By Commission Decision 2002/…/EC(3) Member States agreed to carry out a survey for avian influenza in poultry and wild birds. These surveys shall investigate the presence of infections in poultry, which could lead to a review of current legislation and contribute to the knowledge of the possible threats for animals and humans from the wildlife.(3) That Decision set the Community’s financial contribution to these surveys at the rate of 50 % of the costs incurred by the Member States for the sampling and analysing of samples up to a maximum of EUR 500000 for all Member States in total.(4) Programmes submitted by the Member States have been studied by the Commission and shall be approved individually by the Community granting financial participation to each approved programme.(5) Furthermore, it seems appropriate to lay down standard forms for reporting the results of the surveys and for the financial claim for co-financing of the costs incurred by Member States for the implementation of the programme.(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

Article 1
1. The programmes for the implementation of surveys for avian influenza in poultry and birds are hereby approved for the Member States listed in Annex I for the period as specified.
2. Financial participation by the Community shall be granted at the rate of 50 % of the costs for sampling and analysing of samples by each Member State up to a maximum laid down in Annex I.
3. The Community shall pay the financial contribution for the programmes referred to under paragraph 1 provided that by 30 September 2003 at the latest, the Member State concerned:
(a) provides satisfactory evidence to the Commission that it has brought into force the laws, regulations or administrative provisions necessary to implement the programme,
(b) forwards a final report on the technical execution of the programme and the results attained specified in Annexes II, III and IV accompanied by justifying evidence as to the costs incurred during the period of the programme as laid down in Annex V,
(c) provides satisfactory evidence to the Commission that it has implemented the programme efficiently in accordance with the guidelines set out in the Annex to Decision 2002/649/EC.

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 22 August 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 19.
(2) OJ L 203, 28.7.2001, p. 16.
(3) OJ L 213, 9.8.2002, p. 38.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Decision 2001/572/EC(2), and in particular Article 20 thereof,Whereas:(1) Council Decision 90/424/EEC provides for financial aid from the Community for the undertaking of technical and scientific measures necessary for the development of Community veterinary legislation and for veterinary education or training.(2) By Commission Decision 2002/…/EC(3) Member States agreed to carry out a survey for avian influenza in poultry and wild birds. These surveys shall investigate the presence of infections in poultry, which could lead to a review of current legislation and contribute to the knowledge of the possible threats for animals and humans from the wildlife.(3) That Decision set the Community’s financial contribution to these surveys at the rate of 50 % of the costs incurred by the Member States for the sampling and analysing of samples up to a maximum of EUR 500000 for all Member States in total.(4) Programmes submitted by the Member States have been studied by the Commission and shall be approved individually by the Community granting financial participation to each approved programme.(5) Furthermore, it seems appropriate to lay down standard forms for reporting the results of the surveys and for the financial claim for co-financing of the costs incurred by Member States for the implementation of the programme.(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
1. The programmes for the implementation of surveys for avian influenza in poultry and birds are hereby approved for the Member States listed in Annex I for the period as specified.
2. Financial participation by the Community shall be granted at the rate of 50 % of the costs for sampling and analysing of samples by each Member State up to a maximum laid down in Annex I.
3. The Community shall pay the financial contribution for the programmes referred to under paragraph 1 provided that by 30 September 2003 at the latest, the Member State concerned:
(a) provides satisfactory evidence to the Commission that it has brought into force the laws, regulations or administrative provisions necessary to implement the programme,
(b) forwards a final report on the technical execution of the programme and the results attained specified in Annexes II, III and IV accompanied by justifying evidence as to the costs incurred during the period of the programme as laid down in Annex V,
(c) provides satisfactory evidence to the Commission that it has implemented the programme efficiently in accordance with the guidelines set out in the Annex to Decision 2002/649/EC.
This Decision is addressed to the Member States.
Done at Brussels, 22 August 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 19.
(2) OJ L 203, 28.7.2001, p. 16.
(3) OJ L 213, 9.8.2002, p. 38.
List of Member States, for which programmes for avian influenza surveys in poultry and wild birds are approved
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Pending: 32002D0668

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 7 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas:(1) A framework programme covering all research activities, including demonstration and training activities in the field of nuclear energy, to be implemented by means of research and training programmes, may be adopted pursuant to Article 7 of the Treaty.(2) In 2000 the Commission submitted two communications, respectively on the prospects for and the objectives of creating a European Research Area, and on making a reality of the European Research Area and guidelines for European Union research activities in the period 2002 to 2006. In 2000 the Commission also submitted a communication on innovation in a knowledge-driven economy.(3) The European Councils in Lisbon in March 2000, Santa Maria de Feira in June 2000 and Stockholm in March 2001 adopted conclusions aimed at the rapid establishment of a European research and innovation area with a view to sustainable economic growth, more employment and social cohesion. The Göteborg European Council in June 2001 agreed a strategy for sustainable development and added a third, environmental dimension to the Lisbon strategy.(4) The European Parliament(4)(5), the Council(6)(7), the Economic and Social Committee(8) and the Committee of the Regions(9) have also supported the establishment of the European Research Area.(5) On 19 October 2000 the Commission submitted the conclusions of an external assessment of the implementation and results of the Community activities carried out in the five years preceding that assessment, accompanied by its observations.(6) It is therefore important to adopt a new framework programme for the period 2002 to 2006, also contributing to the establishment of the European Research Area and encouraging innovation.(7) The sixth framework programme sets out the scientific and technological objectives and priorities of the activities envisaged and indicates the broad lines of those activities which will be implemented in compliance with the objective of protecting the Community’s financial interest. It is important to ensure sound financial management of the sixth framework programme.(8) A financial reference amount within the meaning of point 34 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) is included in this Decision for the entire duration of the framework programme, without thereby affecting the powers of the budgetary authority as they are defined in the Treaty.(9) The Joint Research Centre should contribute to the implementation of the framework programme where it can provide independent, customer-driven support for the formulation and implementation of Community policies, including the monitoring of the implementation of such policies, in the areas of its specific competence.(10) Research activities carried out within the sixth framework programme should respect fundamental ethical principles, including those reflected in Article 6 of the Treaty on European Union and in the Charter of Fundamental Rights of the European Union, as well as the need to take into account public acceptability of these activities.(11) Following the Commission communication “Women and science”, and the Resolutions of the Council of 20 May 1999(11) and 26 June 2001(12) and the Resolution of the European Parliament of 3 February 2000(13) on this theme, an action plan is being implemented in order to boost and increase the place and role of women in science and research in Europe, which should ensure the respect of equality of opportunity, irrespective of gender.(12) The Commission Green Paper “Towards a European strategy for energy supply security” constitutes an element in the debate on the means of combating climate change and reducing Europe’s dependence on imported energy.(13) It is appropriate that the Commission should submit regular progress reports to the European Parliament and the Council on the implementation of the sixth framework programme and that it should have an independent assessment carried out concerning the implementation of the activities in good time and before submitting its proposal for the next framework programme. Such assessment should be carried out in a spirit of openness with respect to all the relevant actors.(14) The international and global dimension in European research activities is important in the interest of obtaining mutual benefits. The sixth framework programme is open to the participation of countries having concluded the necessary agreements to this effect, and is also open on the project level and on the basis of mutual benefit, to the participation of entities from third countries and of international organisations for scientific cooperation.(15) The sixth framework programme should contribute to enlargement by bringing scientific and technological support to the candidate countries for the implementation of Community acquis and for their integration into te European Research Area. Information on the opportunities for participating in the programme should be provided to potential participants in a timely and thorough manner.(16) The Scientific and Technical Committee has been consulted by the Commission and has delivered its opinion,HAS DECIDED AS FOLLOWS:Article 11. A multi-annual framework programme for nuclear research and training activities, hereinafter referred to as the “sixth framework programme”, is hereby adopted for the period 2002 to 2006.2. The sixth framework programme shall comprise Community research, technological development, international cooperation, dissemination and exploitation activities as well as training under the following headings:- controlled thermonuclear fusion,- management of radioactive waste,- radiation protection,- other activities in the field of nuclear technologies and safety,- nuclear activities of the Joint Research Centre.3. Annex I sets out the scientific and technological objectives and the related priorities and indicates the broad lines of the activities envisaged.Article 21. The financial reference amount for the implementation of the sixth framework programme for the period 2002 to 2006 shall be EUR 1230 million. The proportion assigned to each of the activities is fixed in Annex II.2. The detailed rules for financial participation by the Community shall be governed by the Financial Regulation applicable to the General Budget of the European Communities, supplemented by Annex III, and, where appropriate, by the research and training programme(s) which the Council will adopt in order to implement this Decision.Article 3All research activities carried out under the sixth framework programme shall be carried out in compliance with fundamental ethical principles.Article 4The sixth framework programme shall be implemented through research and training programmes. These programmes shall establish precise objectives and detailed rules for implementation.Article 51. The Commission shall continually and systematically monitor, with the help of independent qualified experts, the implementation of the sixth framework programme and its research and training programmes.2. Progress with implementing the sixth framework programme, and in particular progress towards achieving its objectives and meeting its priorities, including its financial aspects, shall be presented in detail in the report to be submitted by the Commission each year pursuant to Article 7 of the Treaty.Article 6Before submitting its proposal for the next framework programme, the Commission shall have an external assessment carried out by independent, highly qualified experts of the implementation and achievements of Community activities during the five years preceding that assessment.The Commission shall communicate the conclusions thereof, accompanied by its observations, to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.Done at Luxembourg, 3 June 2002.For the CouncilJ. C. Aparicio PĂ©rezThe President(1) OJ C 180 E, 26.6.2001, p. 177.(2) OJ C 140 E, 13.6.2002, p. 371.(3) OJ C 260, 17.9.2001, p. 3.(4) Resolution of 18 May 2000 (OJ C 59, 23.2.2001, p. 250).(5) Resolution of 15 February 2001 (C 276, 1. 10. 2001, p. 271).(6) Resolution of 15 June 2000 (OJ C 205, 19.7.2000, p. 1).(7) Resolution of 16 November 2000 (OJ C 374, 28.12.2000, p. 1).(8) Opinion of 24 May 2000 (OJ C 204, 18.7.2000, p. 70).(9) Opinion of 12 April 2000 (OJ C 226, 8.8.2000, p. 18).(10) OJ C 172, 18.6.1999, p. 1.(11) OJ C 201, 16.7.1999, p. 1.(12) OJ C 199, 14.7.2001, p. 1.(13) OJ C 309, 27.10.2000, p. 57.ANNEX ISCIENTIFIC AND TECHNOLOGICAL OBJECTIVES, BROAD LINES OF ACTIVITIES AND PRIORITIESIn order to fulfil the objectives concerning nuclear research and training activities as set out in the Euratom Treaty, and in order to contribute to the establishment of the European Research Area, the sixth framework programme (Euratom), hereafter referred to as “this programme”, will be structured as outlined below.Participation in this programme as a whole shall be open to all countries having concluded association agreements with the Community to this effect. Other third countries may participate in this programme via bilateral cooperation agreements. Researchers and organisations from third countries may also participate on a case by case basis in projects.1. PRIORITY THEMATIC AREAS OF RESEARCH1.1. Controlled thermonuclear fusionControlled thermonuclear fusion could contribute to long-term energy supply and, therefore, to the requirements of sustainable development for a reliable centralised supply of baseload electricity.For reasons bound up with the complexity of fundamental knowledge in physics and the technological problems to be resolved, the developments needed for the possible application of fusion for energy production will necessarily take the form of a process in several steps, each of which has an impact on the next one. However, in a more immediate time frame, research into fusion technologies could give rise to useful technological spin-offs.The efforts deployed in the context of the integrated European research programme on controlled thermonuclear fusion have enabled Europe to become a world leader in the field of research into fusion by magnetic confinement.The progress made on the research and the results obtained, in particular with the European JET Tokamak, now make it possible to consider moving on to the “Next Step”, which would produce a machine capable of generating fusion reactions in conditions comparable to that of an energy production reactor.The completion of the preparatory work on the detailed design of the “Next Step” in the context of the ITER international cooperation project makes it possible to take a decision about the launching of this project and the construction of the machine.The objective of this will be to demonstrate the scientific and technological feasibility of fusion energy production, bearing in mind the socio-economic aspects. The precise arrangements for implementing the project will depend on the outcome of the negotiations at present under way in the framework of international cooperation and subsequent developments, more particularly the decisions taken concerning Europe’s contribution to the ITER project and the site where the machine is to be installed. An appropriate legal framework will need to be established.Participation in the ITER initiative requires the implementation of an accompanying programme including the following elements:- operation of the JET machine in such a way as to derive benefit from the improvements currently being made. Possible participation in the research activities needed for the decommissioning of fusion facilities,- the continuation of research into fusion physics and technology, including: study and evaluation of magnetic confinement formulas, with, in particular, the continuation of the construction of the Wendelstein 7-X “stellarator” and operation of the existing installations in the Euratom associations; coordinated activities regarding technological research, in particular research into materials for fusion.1.2. Management of radioactive wasteNuclear fission energy today supplies 35 % of electricity in the Community. It constitutes an element in the debate on the means of combating climate change and reducing Europe’s dependence on imported energy. Some of the power plants of the current generation will continue to be operated for at least 20 years.For these reasons, the exploitation of nuclear fission energy for energy production requires progress to be made in the problem of waste, and more particularly the industrial implementation of technical solutions for the management of long-lived waste.European public and private sector research efforts with regard to nuclear waste treatment and storage technologies are significant. Through its coordination effects, Community action in this area makes it possible to assemble them into a critical mass and ensure the coherence of the guidelines adopted by the waste management organisations and industries concerned.Actions will cover both the problem of waste management and the question of reducing its impact. In this connection, they will address the following aspects:- research into processes for long-term storage in deep geological strata, with the networking of the activities carried out on various sites in the three main types of geological formations envisaged,- research aimed at reducing the impact of waste, in particular through the development of new technologies to reduce the hazards associated with waste by means of partitioning and transmutation techniques, as well as exploring the potential of concepts to produce less waste in nuclear energy generation.1.3. Radiation protectionVigilance is still required to ensure a continuation of the Community’s outstanding safety record. The enlargement of the Union also introduces new challenges. The improvement of radiation protection continues to be a priority area. In this programme these activities will be carried out mainly in the following areas:- the quantification of the risks associated with low levels of exposure,- medical exposure and exposure to natural sources,- radio-ecology,- risk and emergency management,- protection of the workplace and the environment.2. OTHER ACTIVITIES IN THE FIELD OF NUCLEAR TECHNOLOGIES AND SAFETYThe activities carried out under this heading are intended to:- respond to the scientific and technical needs of the policies of the Community in the fields of health, energy and the environment,- ensure that the European capability is maintained at a high level in relevant fields not covered by priority thematic areas,- contribute towards the creation of the European Research Area.These activities will be carried out mainly in the following areas:- innovative concepts: evaluation of the potential of innovative concepts that offer advantages in terms of safety, environmental impact, resource utilisation, proliferation resistance; development of improved and safer processes in the field of nuclear energy,- education and training concerning nuclear safety and radiation protection aimed at integration and consolidation of national efforts to achieve economy of scale, and covering in addition such areas as mobility and human resources, transnational access to infrastructure, and coordination activities,- measures for the safety of existing nuclear installations.3. NUCLEAR ACTIVITIES OF THE JOINT RESEARCH CENTRE (JRC)The JRC’s activities will aim to support related Community policies and specific Treaty obligations. Focussing its activities in areas where Community involvement is appropriate, the JRC operates where its European identity provides added value and where its action is justified by the cross-border aspects of nuclear safety and security or by public concern. The principal objective will be to further develop collaboration through networking, leading to broad consensus on a range of these issues at a European and world level. Special attention will be given to cooperation with candidate countries. Training activities will be an important component for the JRC to help equip the Community with a future generation of scientists with the necessary competencies and expertise. The main areas of research activity will therefore be as follows(1):3.1. Nuclear safety and securityResearch into waste treatment and storage (in particular separation and transmutation techniques for long-lived actinides) and radiation protection; safety of different types of reactors with priority for reactors in the candidate countries, and the development of control methods with regard to fissile materials, as well as technical support for nuclear non-proliferation. Staff for monitoring the decommissioning of obsolete nuclear installations will be provided.3.2. Measurements and reference materialsRadionuclide metrology, in particular in the case of low activity and round robin tests in the framework of networks of laboratories of excellence; interaction between neutrons and matter for the generation of base data for studies concerning the transmutation of waste and the development of new systems. This activity will principally provide horizontal support for actions under title 3.1 above.(1) In addition, the JRC is entitled to participate in all research activities on the same basis as entities established in Member States.ANNEX IIMAXIMUM OVERALL AMOUNT, RESPECTIVE SHARES AND INDICATIVE BREAKDOWN>TABLE>ANNEX IIIINSTRUMENTSIntroductionThe Community’s budgetary intervention in indirect actions (i.e. those not undertaken by the JRC) is aimed at research centres, universities, businesses and national or international bodies situated in the Member States and the European associated states which carry out research activities. The latter may also act as intermediaries for Community budgetary intervention. Where this proves necessary to achieve the objectives of the programme, bodies in the newly independent states (NIS) and international organisations may exceptionally receive Community funding.1. INSTRUMENTS IN FUSION ENERGYIn the field of fusion energy research under Heading 1.1 of Annex I, the particular nature of the activities in this area necessitates the implementation of specific arrangements. The projects undertaken will be carried out on the basis of procedures set out in:- contracts of association,- the European Fusion Development Agreement (EFDA),- any other multilateral agreement concluded between the Community and associated organisations and/or legal entities which may be set up, after the competent consultative committee has given its opinion,- other contracts of limited duration, in particular with bodies in the Member States or the States associated with the Euratom framework programme,- international agreements covering projects carried out in the framework of cooperation with third countries, such as the ITER.The activities to coordinate and support fusion energy research may concern studies in support of these activities, support for information exchange, recourse to external expertise capacities, including for the independent evaluation of activities, fellowships and training schemes, publications and other actions to promote technology transfer.2. INSTRUMENTS IN OTHER FIELDSIn the fields of management of radioactive waste and radiation protection of the priority thematic areas of research under Headings 1.2 and 1.3 of Annex I as well in other activities under Heading 2, the Community, subject to the specific programmes and rules for participation, will contribute:- to networks of excellence, aimed at strengthening and developing Community scientific and technological excellence by means of the integration, at European level, of research capacities currently existing or emerging at both national and regional level,- to integrated projects, designed to give increased impetus to the Community’s competitiveness or to address major societal needs by mobilising a critical mass of research and technological development resources and competences,- specific targeted projects, designed to gain new knowledge either to improve considerably or to develop new products, processes or services or to meet other needs of society and Community policies or to demonstrate the viability of new technologies offering potential economic advantage but which cannot be commercialised directly,- actions to promote and develop human resources and mobility,- coordination actions, intended to promote and support coordinated initiatives of a range of research and innovation operators aiming at improved integration,- specific support actions, such as actions aimed at exploiting the results of research and transfer of knowledge and actions in support of research infrastructure relating to, for instance, transnational access or preparatory technical work (including feasibility studies),- integrated infrastructure initiatives, combining in a single action several activities essential to reinforce and develop research infrastructures in order to provide services at the European level.3. DIRECT ACTIONS – JOINT RESEARCH CENTREDirect actions will be implemented by the JRC.

Article 1
1. A multi-annual framework programme for nuclear research and training activities, hereinafter referred to as the “sixth framework programme”, is hereby adopted for the period 2002 to 2006.
2. The sixth framework programme shall comprise Community research, technological development, international cooperation, dissemination and exploitation activities as well as training under the following headings:
– controlled thermonuclear fusion,
– management of radioactive waste,
– radiation protection,
– other activities in the field of nuclear technologies and safety,
– nuclear activities of the Joint Research Centre.
3. Annex I sets out the scientific and technological objectives and the related priorities and indicates the broad lines of the activities envisaged.

Article 2
1. The financial reference amount for the implementation of the sixth framework programme for the period 2002 to 2006 shall be EUR 1230 million. The proportion assigned to each of the activities is fixed in Annex II.
2. The detailed rules for financial participation by the Community shall be governed by the Financial Regulation applicable to the General Budget of the European Communities, supplemented by Annex III, and, where appropriate, by the research and training programme(s) which the Council will adopt in order to implement this Decision.

Article 3
All research activities carried out under the sixth framework programme shall be carried out in compliance with fundamental ethical principles.

Article 4
The sixth framework programme shall be implemented through research and training programmes. These programmes shall establish precise objectives and detailed rules for implementation.

Article 5
1. The Commission shall continually and systematically monitor, with the help of independent qualified experts, the implementation of the sixth framework programme and its research and training programmes.
2. Progress with implementing the sixth framework programme, and in particular progress towards achieving its objectives and meeting its priorities, including its financial aspects, shall be presented in detail in the report to be submitted by the Commission each year pursuant to Article 7 of the Treaty.

Article 6
Before submitting its proposal for the next framework programme, the Commission shall have an external assessment carried out by independent, highly qualified experts of the implementation and achievements of Community activities during the five years preceding that assessment.
The Commission shall communicate the conclusions thereof, accompanied by its observations, to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.
Done at Luxembourg, 3 June 2002.
For the Council
J. C. Aparicio Pérez
The President
(1) OJ C 180 E, 26.6.2001, p. 177.
(2) OJ C 140 E, 13.6.2002, p. 371.
(3) OJ C 260, 17.9.2001, p. 3.
(4) Resolution of 18 May 2000 (OJ C 59, 23.2.2001, p. 250).
(5) Resolution of 15 February 2001 (C 276, 1. 10. 2001, p. 271).
(6) Resolution of 15 June 2000 (OJ C 205, 19.7.2000, p. 1).
(7) Resolution of 16 November 2000 (OJ C 374, 28.12.2000, p. 1).
(8) Opinion of 24 May 2000 (OJ C 204, 18.7.2000, p. 70).
(9) Opinion of 12 April 2000 (OJ C 226, 8.8.2000, p. 18).
(10) OJ C 172, 18.6.1999, p. 1.
(11) OJ C 201, 16.7.1999, p. 1.
(12) OJ C 199, 14.7.2001, p. 1.
(13) OJ C 309, 27.10.2000, p. 57.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 7 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas:(1) A framework programme covering all research activities, including demonstration and training activities in the field of nuclear energy, to be implemented by means of research and training programmes, may be adopted pursuant to Article 7 of the Treaty.(2) In 2000 the Commission submitted two communications, respectively on the prospects for and the objectives of creating a European Research Area, and on making a reality of the European Research Area and guidelines for European Union research activities in the period 2002 to 2006. In 2000 the Commission also submitted a communication on innovation in a knowledge-driven economy.(3) The European Councils in Lisbon in March 2000, Santa Maria de Feira in June 2000 and Stockholm in March 2001 adopted conclusions aimed at the rapid establishment of a European research and innovation area with a view to sustainable economic growth, more employment and social cohesion. The Göteborg European Council in June 2001 agreed a strategy for sustainable development and added a third, environmental dimension to the Lisbon strategy.(4) The European Parliament(4)(5), the Council(6)(7), the Economic and Social Committee(8) and the Committee of the Regions(9) have also supported the establishment of the European Research Area.(5) On 19 October 2000 the Commission submitted the conclusions of an external assessment of the implementation and results of the Community activities carried out in the five years preceding that assessment, accompanied by its observations.(6) It is therefore important to adopt a new framework programme for the period 2002 to 2006, also contributing to the establishment of the European Research Area and encouraging innovation.(7) The sixth framework programme sets out the scientific and technological objectives and priorities of the activities envisaged and indicates the broad lines of those activities which will be implemented in compliance with the objective of protecting the Community’s financial interest. It is important to ensure sound financial management of the sixth framework programme.(8) A financial reference amount within the meaning of point 34 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) is included in this Decision for the entire duration of the framework programme, without thereby affecting the powers of the budgetary authority as they are defined in the Treaty.(9) The Joint Research Centre should contribute to the implementation of the framework programme where it can provide independent, customer-driven support for the formulation and implementation of Community policies, including the monitoring of the implementation of such policies, in the areas of its specific competence.(10) Research activities carried out within the sixth framework programme should respect fundamental ethical principles, including those reflected in Article 6 of the Treaty on European Union and in the Charter of Fundamental Rights of the European Union, as well as the need to take into account public acceptability of these activities.(11) Following the Commission communication “Women and science”, and the Resolutions of the Council of 20 May 1999(11) and 26 June 2001(12) and the Resolution of the European Parliament of 3 February 2000(13) on this theme, an action plan is being implemented in order to boost and increase the place and role of women in science and research in Europe, which should ensure the respect of equality of opportunity, irrespective of gender.(12) The Commission Green Paper “Towards a European strategy for energy supply security” constitutes an element in the debate on the means of combating climate change and reducing Europe’s dependence on imported energy.(13) It is appropriate that the Commission should submit regular progress reports to the European Parliament and the Council on the implementation of the sixth framework programme and that it should have an independent assessment carried out concerning the implementation of the activities in good time and before submitting its proposal for the next framework programme. Such assessment should be carried out in a spirit of openness with respect to all the relevant actors.(14) The international and global dimension in European research activities is important in the interest of obtaining mutual benefits. The sixth framework programme is open to the participation of countries having concluded the necessary agreements to this effect, and is also open on the project level and on the basis of mutual benefit, to the participation of entities from third countries and of international organisations for scientific cooperation.(15) The sixth framework programme should contribute to enlargement by bringing scientific and technological support to the candidate countries for the implementation of Community acquis and for their integration into te European Research Area. Information on the opportunities for participating in the programme should be provided to potential participants in a timely and thorough manner.(16) The Scientific and Technical Committee has been consulted by the Commission and has delivered its opinion,HAS DECIDED AS FOLLOWS:Article 11. A multi-annual framework programme for nuclear research and training activities, hereinafter referred to as the “sixth framework programme”, is hereby adopted for the period 2002 to 2006.2. The sixth framework programme shall comprise Community research, technological development, international cooperation, dissemination and exploitation activities as well as training under the following headings:- controlled thermonuclear fusion,- management of radioactive waste,- radiation protection,- other activities in the field of nuclear technologies and safety,- nuclear activities of the Joint Research Centre.3. Annex I sets out the scientific and technological objectives and the related priorities and indicates the broad lines of the activities envisaged.Article 21. The financial reference amount for the implementation of the sixth framework programme for the period 2002 to 2006 shall be EUR 1230 million. The proportion assigned to each of the activities is fixed in Annex II.2. The detailed rules for financial participation by the Community shall be governed by the Financial Regulation applicable to the General Budget of the European Communities, supplemented by Annex III, and, where appropriate, by the research and training programme(s) which the Council will adopt in order to implement this Decision.Article 3All research activities carried out under the sixth framework programme shall be carried out in compliance with fundamental ethical principles.Article 4The sixth framework programme shall be implemented through research and training programmes. These programmes shall establish precise objectives and detailed rules for implementation.Article 51. The Commission shall continually and systematically monitor, with the help of independent qualified experts, the implementation of the sixth framework programme and its research and training programmes.2. Progress with implementing the sixth framework programme, and in particular progress towards achieving its objectives and meeting its priorities, including its financial aspects, shall be presented in detail in the report to be submitted by the Commission each year pursuant to Article 7 of the Treaty.Article 6Before submitting its proposal for the next framework programme, the Commission shall have an external assessment carried out by independent, highly qualified experts of the implementation and achievements of Community activities during the five years preceding that assessment.The Commission shall communicate the conclusions thereof, accompanied by its observations, to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.Done at Luxembourg, 3 June 2002.For the CouncilJ. C. Aparicio PĂ©rezThe President(1) OJ C 180 E, 26.6.2001, p. 177.(2) OJ C 140 E, 13.6.2002, p. 371.(3) OJ C 260, 17.9.2001, p. 3.(4) Resolution of 18 May 2000 (OJ C 59, 23.2.2001, p. 250).(5) Resolution of 15 February 2001 (C 276, 1. 10. 2001, p. 271).(6) Resolution of 15 June 2000 (OJ C 205, 19.7.2000, p. 1).(7) Resolution of 16 November 2000 (OJ C 374, 28.12.2000, p. 1).(8) Opinion of 24 May 2000 (OJ C 204, 18.7.2000, p. 70).(9) Opinion of 12 April 2000 (OJ C 226, 8.8.2000, p. 18).(10) OJ C 172, 18.6.1999, p. 1.(11) OJ C 201, 16.7.1999, p. 1.(12) OJ C 199, 14.7.2001, p. 1.(13) OJ C 309, 27.10.2000, p. 57.ANNEX ISCIENTIFIC AND TECHNOLOGICAL OBJECTIVES, BROAD LINES OF ACTIVITIES AND PRIORITIESIn order to fulfil the objectives concerning nuclear research and training activities as set out in the Euratom Treaty, and in order to contribute to the establishment of the European Research Area, the sixth framework programme (Euratom), hereafter referred to as “this programme”, will be structured as outlined below.Participation in this programme as a whole shall be open to all countries having concluded association agreements with the Community to this effect. Other third countries may participate in this programme via bilateral cooperation agreements. Researchers and organisations from third countries may also participate on a case by case basis in projects.1. PRIORITY THEMATIC AREAS OF RESEARCH1.1. Controlled thermonuclear fusionControlled thermonuclear fusion could contribute to long-term energy supply and, therefore, to the requirements of sustainable development for a reliable centralised supply of baseload electricity.For reasons bound up with the complexity of fundamental knowledge in physics and the technological problems to be resolved, the developments needed for the possible application of fusion for energy production will necessarily take the form of a process in several steps, each of which has an impact on the next one. However, in a more immediate time frame, research into fusion technologies could give rise to useful technological spin-offs.The efforts deployed in the context of the integrated European research programme on controlled thermonuclear fusion have enabled Europe to become a world leader in the field of research into fusion by magnetic confinement.The progress made on the research and the results obtained, in particular with the European JET Tokamak, now make it possible to consider moving on to the “Next Step”, which would produce a machine capable of generating fusion reactions in conditions comparable to that of an energy production reactor.The completion of the preparatory work on the detailed design of the “Next Step” in the context of the ITER international cooperation project makes it possible to take a decision about the launching of this project and the construction of the machine.The objective of this will be to demonstrate the scientific and technological feasibility of fusion energy production, bearing in mind the socio-economic aspects. The precise arrangements for implementing the project will depend on the outcome of the negotiations at present under way in the framework of international cooperation and subsequent developments, more particularly the decisions taken concerning Europe’s contribution to the ITER project and the site where the machine is to be installed. An appropriate legal framework will need to be established.Participation in the ITER initiative requires the implementation of an accompanying programme including the following elements:- operation of the JET machine in such a way as to derive benefit from the improvements currently being made. Possible participation in the research activities needed for the decommissioning of fusion facilities,- the continuation of research into fusion physics and technology, including: study and evaluation of magnetic confinement formulas, with, in particular, the continuation of the construction of the Wendelstein 7-X “stellarator” and operation of the existing installations in the Euratom associations; coordinated activities regarding technological research, in particular research into materials for fusion.1.2. Management of radioactive wasteNuclear fission energy today supplies 35 % of electricity in the Community. It constitutes an element in the debate on the means of combating climate change and reducing Europe’s dependence on imported energy. Some of the power plants of the current generation will continue to be operated for at least 20 years.For these reasons, the exploitation of nuclear fission energy for energy production requires progress to be made in the problem of waste, and more particularly the industrial implementation of technical solutions for the management of long-lived waste.European public and private sector research efforts with regard to nuclear waste treatment and storage technologies are significant. Through its coordination effects, Community action in this area makes it possible to assemble them into a critical mass and ensure the coherence of the guidelines adopted by the waste management organisations and industries concerned.Actions will cover both the problem of waste management and the question of reducing its impact. In this connection, they will address the following aspects:- research into processes for long-term storage in deep geological strata, with the networking of the activities carried out on various sites in the three main types of geological formations envisaged,- research aimed at reducing the impact of waste, in particular through the development of new technologies to reduce the hazards associated with waste by means of partitioning and transmutation techniques, as well as exploring the potential of concepts to produce less waste in nuclear energy generation.1.3. Radiation protectionVigilance is still required to ensure a continuation of the Community’s outstanding safety record. The enlargement of the Union also introduces new challenges. The improvement of radiation protection continues to be a priority area. In this programme these activities will be carried out mainly in the following areas:- the quantification of the risks associated with low levels of exposure,- medical exposure and exposure to natural sources,- radio-ecology,- risk and emergency management,- protection of the workplace and the environment.2. OTHER ACTIVITIES IN THE FIELD OF NUCLEAR TECHNOLOGIES AND SAFETYThe activities carried out under this heading are intended to:- respond to the scientific and technical needs of the policies of the Community in the fields of health, energy and the environment,- ensure that the European capability is maintained at a high level in relevant fields not covered by priority thematic areas,- contribute towards the creation of the European Research Area.These activities will be carried out mainly in the following areas:- innovative concepts: evaluation of the potential of innovative concepts that offer advantages in terms of safety, environmental impact, resource utilisation, proliferation resistance; development of improved and safer processes in the field of nuclear energy,- education and training concerning nuclear safety and radiation protection aimed at integration and consolidation of national efforts to achieve economy of scale, and covering in addition such areas as mobility and human resources, transnational access to infrastructure, and coordination activities,- measures for the safety of existing nuclear installations.3. NUCLEAR ACTIVITIES OF THE JOINT RESEARCH CENTRE (JRC)The JRC’s activities will aim to support related Community policies and specific Treaty obligations. Focussing its activities in areas where Community involvement is appropriate, the JRC operates where its European identity provides added value and where its action is justified by the cross-border aspects of nuclear safety and security or by public concern. The principal objective will be to further develop collaboration through networking, leading to broad consensus on a range of these issues at a European and world level. Special attention will be given to cooperation with candidate countries. Training activities will be an important component for the JRC to help equip the Community with a future generation of scientists with the necessary competencies and expertise. The main areas of research activity will therefore be as follows(1):3.1. Nuclear safety and securityResearch into waste treatment and storage (in particular separation and transmutation techniques for long-lived actinides) and radiation protection; safety of different types of reactors with priority for reactors in the candidate countries, and the development of control methods with regard to fissile materials, as well as technical support for nuclear non-proliferation. Staff for monitoring the decommissioning of obsolete nuclear installations will be provided.3.2. Measurements and reference materialsRadionuclide metrology, in particular in the case of low activity and round robin tests in the framework of networks of laboratories of excellence; interaction between neutrons and matter for the generation of base data for studies concerning the transmutation of waste and the development of new systems. This activity will principally provide horizontal support for actions under title 3.1 above.(1) In addition, the JRC is entitled to participate in all research activities on the same basis as entities established in Member States.ANNEX IIMAXIMUM OVERALL AMOUNT, RESPECTIVE SHARES AND INDICATIVE BREAKDOWN>TABLE>ANNEX IIIINSTRUMENTSIntroductionThe Community’s budgetary intervention in indirect actions (i.e. those not undertaken by the JRC) is aimed at research centres, universities, businesses and national or international bodies situated in the Member States and the European associated states which carry out research activities. The latter may also act as intermediaries for Community budgetary intervention. Where this proves necessary to achieve the objectives of the programme, bodies in the newly independent states (NIS) and international organisations may exceptionally receive Community funding.1. INSTRUMENTS IN FUSION ENERGYIn the field of fusion energy research under Heading 1.1 of Annex I, the particular nature of the activities in this area necessitates the implementation of specific arrangements. The projects undertaken will be carried out on the basis of procedures set out in:- contracts of association,- the European Fusion Development Agreement (EFDA),- any other multilateral agreement concluded between the Community and associated organisations and/or legal entities which may be set up, after the competent consultative committee has given its opinion,- other contracts of limited duration, in particular with bodies in the Member States or the States associated with the Euratom framework programme,- international agreements covering projects carried out in the framework of cooperation with third countries, such as the ITER.The activities to coordinate and support fusion energy research may concern studies in support of these activities, support for information exchange, recourse to external expertise capacities, including for the independent evaluation of activities, fellowships and training schemes, publications and other actions to promote technology transfer.2. INSTRUMENTS IN OTHER FIELDSIn the fields of management of radioactive waste and radiation protection of the priority thematic areas of research under Headings 1.2 and 1.3 of Annex I as well in other activities under Heading 2, the Community, subject to the specific programmes and rules for participation, will contribute:- to networks of excellence, aimed at strengthening and developing Community scientific and technological excellence by means of the integration, at European level, of research capacities currently existing or emerging at both national and regional level,- to integrated projects, designed to give increased impetus to the Community’s competitiveness or to address major societal needs by mobilising a critical mass of research and technological development resources and competences,- specific targeted projects, designed to gain new knowledge either to improve considerably or to develop new products, processes or services or to meet other needs of society and Community policies or to demonstrate the viability of new technologies offering potential economic advantage but which cannot be commercialised directly,- actions to promote and develop human resources and mobility,- coordination actions, intended to promote and support coordinated initiatives of a range of research and innovation operators aiming at improved integration,- specific support actions, such as actions aimed at exploiting the results of research and transfer of knowledge and actions in support of research infrastructure relating to, for instance, transnational access or preparatory technical work (including feasibility studies),- integrated infrastructure initiatives, combining in a single action several activities essential to reinforce and develop research infrastructures in order to provide services at the European level.3. DIRECT ACTIONS – JOINT RESEARCH CENTREDirect actions will be implemented by the JRC.
1. A multi-annual framework programme for nuclear research and training activities, hereinafter referred to as the “sixth framework programme”, is hereby adopted for the period 2002 to 2006.
2. The sixth framework programme shall comprise Community research, technological development, international cooperation, dissemination and exploitation activities as well as training under the following headings:
– controlled thermonuclear fusion,
– management of radioactive waste,
– radiation protection,
– other activities in the field of nuclear technologies and safety,
– nuclear activities of the Joint Research Centre.
3. Annex I sets out the scientific and technological objectives and the related priorities and indicates the broad lines of the activities envisaged.
1. The financial reference amount for the implementation of the sixth framework programme for the period 2002 to 2006 shall be EUR 1230 million. The proportion assigned to each of the activities is fixed in Annex II.
2. The detailed rules for financial participation by the Community shall be governed by the Financial Regulation applicable to the General Budget of the European Communities, supplemented by Annex III, and, where appropriate, by the research and training programme(s) which the Council will adopt in order to implement this Decision.
All research activities carried out under the sixth framework programme shall be carried out in compliance with fundamental ethical principles.
The sixth framework programme shall be implemented through research and training programmes. These programmes shall establish precise objectives and detailed rules for implementation.
1. The Commission shall continually and systematically monitor, with the help of independent qualified experts, the implementation of the sixth framework programme and its research and training programmes.
2. Progress with implementing the sixth framework programme, and in particular progress towards achieving its objectives and meeting its priorities, including its financial aspects, shall be presented in detail in the report to be submitted by the Commission each year pursuant to Article 7 of the Treaty.
Before submitting its proposal for the next framework programme, the Commission shall have an external assessment carried out by independent, highly qualified experts of the implementation and achievements of Community activities during the five years preceding that assessment.
The Commission shall communicate the conclusions thereof, accompanied by its observations, to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.
Done at Luxembourg, 3 June 2002.
For the Council
J. C. Aparicio Pérez
The President
(1) OJ C 180 E, 26.6.2001, p. 177.
(2) OJ C 140 E, 13.6.2002, p. 371.
(3) OJ C 260, 17.9.2001, p. 3.
(4) Resolution of 18 May 2000 (OJ C 59, 23.2.2001, p. 250).
(5) Resolution of 15 February 2001 (C 276, 1. 10. 2001, p. 271).
(6) Resolution of 15 June 2000 (OJ C 205, 19.7.2000, p. 1).
(7) Resolution of 16 November 2000 (OJ C 374, 28.12.2000, p. 1).
(8) Opinion of 24 May 2000 (OJ C 204, 18.7.2000, p. 70).
(9) Opinion of 12 April 2000 (OJ C 226, 8.8.2000, p. 18).
(10) OJ C 172, 18.6.1999, p. 1.
(11) OJ C 201, 16.7.1999, p. 1.
(12) OJ C 199, 14.7.2001, p. 1.
(13) OJ C 309, 27.10.2000, p. 57.
SCIENTIFIC AND TECHNOLOGICAL OBJECTIVES, BROAD LINES OF ACTIVITIES AND PRIORITIES
In order to fulfil the objectives concerning nuclear research and training activities as set out in the Euratom Treaty, and in order to contribute to the establishment of the European Research Area, the sixth framework programme (Euratom), hereafter referred to as “this programme”, will be structured as outlined below.
Participation in this programme as a whole shall be open to all countries having concluded association agreements with the Community to this effect. Other third countries may participate in this programme via bilateral cooperation agreements. Researchers and organisations from third countries may also participate on a case by case basis in projects.
1. PRIORITY THEMATIC AREAS OF RESEARCH
1.1. Controlled thermonuclear fusion
Controlled thermonuclear fusion could contribute to long-term energy supply and, therefore, to the requirements of sustainable development for a reliable centralised supply of baseload electricity.
For reasons bound up with the complexity of fundamental knowledge in physics and the technological problems to be resolved, the developments needed for the possible application of fusion for energy production will necessarily take the form of a process in several steps, each of which has an impact on the next one. However, in a more immediate time frame, research into fusion technologies could give rise to useful technological spin-offs.
The efforts deployed in the context of the integrated European research programme on controlled thermonuclear fusion have enabled Europe to become a world leader in the field of research into fusion by magnetic confinement.
The progress made on the research and the results obtained, in particular with the European JET Tokamak, now make it possible to consider moving on to the “Next Step”, which would produce a machine capable of generating fusion reactions in conditions comparable to that of an energy production reactor.
The completion of the preparatory work on the detailed design of the “Next Step” in the context of the ITER international cooperation project makes it possible to take a decision about the launching of this project and the construction of the machine.
The objective of this will be to demonstrate the scientific and technological feasibility of fusion energy production, bearing in mind the socio-economic aspects. The precise arrangements for implementing the project will depend on the outcome of the negotiations at present under way in the framework of international cooperation and subsequent developments, more particularly the decisions taken concerning Europe’s contribution to the ITER project and the site where the machine is to be installed. An appropriate legal framework will need to be established.
Participation in the ITER initiative requires the implementation of an accompanying programme including the following elements:
– operation of the JET machine in such a way as to derive benefit from the improvements currently being made. Possible participation in the research activities needed for the decommissioning of fusion facilities,
– the continuation of research into fusion physics and technology, including: study and evaluation of magnetic confinement formulas, with, in particular, the continuation of the construction of the Wendelstein 7-X “stellarator” and operation of the existing installations in the Euratom associations; coordinated activities regarding technological research, in particular research into materials for fusion.
1.2. Management of radioactive waste
Nuclear fission energy today supplies 35 % of electricity in the Community. It constitutes an element in the debate on the means of combating climate change and reducing Europe’s dependence on imported energy. Some of the power plants of the current generation will continue to be operated for at least 20 years.
For these reasons, the exploitation of nuclear fission energy for energy production requires progress to be made in the problem of waste, and more particularly the industrial implementation of technical solutions for the management of long-lived waste.
European public and private sector research efforts with regard to nuclear waste treatment and storage technologies are significant. Through its coordination effects, Community action in this area makes it possible to assemble them into a critical mass and ensure the coherence of the guidelines adopted by the waste management organisations and industries concerned.
Actions will cover both the problem of waste management and the question of reducing its impact. In this connection, they will address the following aspects:
– research into processes for long-term storage in deep geological strata, with the networking of the activities carried out on various sites in the three main types of geological formations envisaged,
– research aimed at reducing the impact of waste, in particular through the development of new technologies to reduce the hazards associated with waste by means of partitioning and transmutation techniques, as well as exploring the potential of concepts to produce less waste in nuclear energy generation.
1.3. Radiation protection
Vigilance is still required to ensure a continuation of the Community’s outstanding safety record. The enlargement of the Union also introduces new challenges. The improvement of radiation protection continues to be a priority area. In this programme these activities will be carried out mainly in the following areas:
– the quantification of the risks associated with low levels of exposure,
– medical exposure and exposure to natural sources,
– radio-ecology,
– risk and emergency management,
– protection of the workplace and the environment.
2. OTHER ACTIVITIES IN THE FIELD OF NUCLEAR TECHNOLOGIES AND SAFETY
The activities carried out under this heading are intended to:
– respond to the scientific and technical needs of the policies of the Community in the fields of health, energy and the environment,
– ensure that the European capability is maintained at a high level in relevant fields not covered by priority thematic areas,
– contribute towards the creation of the European Research Area.
These activities will be carried out mainly in the following areas:
– innovative concepts: evaluation of the potential of innovative concepts that offer advantages in terms of safety, environmental impact, resource utilisation, proliferation resistance; development of improved and safer processes in the field of nuclear energy,
– education and training concerning nuclear safety and radiation protection aimed at integration and consolidation of national efforts to achieve economy of scale, and covering in addition such areas as mobility and human resources, transnational access to infrastructure, and coordination activities,
– measures for the safety of existing nuclear installations.
3. NUCLEAR ACTIVITIES OF THE JOINT RESEARCH CENTRE (JRC)
The JRC’s activities will aim to support related Community policies and specific Treaty obligations. Focussing its activities in areas where Community involvement is appropriate, the JRC operates where its European identity provides added value and where its action is justified by the cross-border aspects of nuclear safety and security or by public concern. The principal objective will be to further develop collaboration through networking, leading to broad consensus on a range of these issues at a European and world level. Special attention will be given to cooperation with candidate countries. Training activities will be an important component for the JRC to help equip the Community with a future generation of scientists with the necessary competencies and expertise. The main areas of research activity will therefore be as follows(1):
3.1. Nuclear safety and security
Research into waste treatment and storage (in particular separation and transmutation techniques for long-lived actinides) and radiation protection; safety of different types of reactors with priority for reactors in the candidate countries, and the development of control methods with regard to fissile materials, as well as technical support for nuclear non-proliferation. Staff for monitoring the decommissioning of obsolete nuclear installations will be provided.
3.2. Measurements and reference materials
Radionuclide metrology, in particular in the case of low activity and round robin tests in the framework of networks of laboratories of excellence; interaction between neutrons and matter for the generation of base data for studies concerning the transmutation of waste and the development of new systems. This activity will principally provide horizontal support for actions under title 3.1 above.
(1) In addition, the JRC is entitled to participate in all research activities on the same basis as entities established in Member States.
MAXIMUM OVERALL AMOUNT, RESPECTIVE SHARES AND INDICATIVE BREAKDOWN
INSTRUMENTS
Introduction
The Community’s budgetary intervention in indirect actions (i.e. those not undertaken by the JRC) is aimed at research centres, universities, businesses and national or international bodies situated in the Member States and the European associated states which carry out research activities. The latter may also act as intermediaries for Community budgetary intervention. Where this proves necessary to achieve the objectives of the programme, bodies in the newly independent states (NIS) and international organisations may exceptionally receive Community funding.
1. INSTRUMENTS IN FUSION ENERGY
In the field of fusion energy research under Heading 1.1 of Annex I, the particular nature of the activities in this area necessitates the implementation of specific arrangements. The projects undertaken will be carried out on the basis of procedures set out in:
– contracts of association,
– the European Fusion Development Agreement (EFDA),
– any other multilateral agreement concluded between the Community and associated organisations and/or legal entities which may be set up, after the competent consultative committee has given its opinion,
– other contracts of limited duration, in particular with bodies in the Member States or the States associated with the Euratom framework programme,
– international agreements covering projects carried out in the framework of cooperation with third countries, such as the ITER.
The activities to coordinate and support fusion energy research may concern studies in support of these activities, support for information exchange, recourse to external expertise capacities, including for the independent evaluation of activities, fellowships and training schemes, publications and other actions to promote technology transfer.
2. INSTRUMENTS IN OTHER FIELDS
In the fields of management of radioactive waste and radiation protection of the priority thematic areas of research under Headings 1.2 and 1.3 of Annex I as well in other activities under Heading 2, the Community, subject to the specific programmes and rules for participation, will contribute:
– to networks of excellence, aimed at strengthening and developing Community scientific and technological excellence by means of the integration, at European level, of research capacities currently existing or emerging at both national and regional level,
– to integrated projects, designed to give increased impetus to the Community’s competitiveness or to address major societal needs by mobilising a critical mass of research and technological development resources and competences,
– specific targeted projects, designed to gain new knowledge either to improve considerably or to develop new products, processes or services or to meet other needs of society and Community policies or to demonstrate the viability of new technologies offering potential economic advantage but which cannot be commercialised directly,
– actions to promote and develop human resources and mobility,
– coordination actions, intended to promote and support coordinated initiatives of a range of research and innovation operators aiming at improved integration,
– specific support actions, such as actions aimed at exploiting the results of research and transfer of knowledge and actions in support of research infrastructure relating to, for instance, transnational access or preparatory technical work (including feasibility studies),
– integrated infrastructure initiatives, combining in a single action several activities essential to reinforce and develop research infrastructures in order to provide services at the European level.
3. DIRECT ACTIONS – JOINT RESEARCH CENTRE
Direct actions will be implemented by the JRC.

Pending: 32002D0646

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(1), as last amended by Regulation (EC) No 1452/2001(2), and in particular Article 14(3) thereof,Having regard to Council Directive 92/45/EEC of 16 June 1992 concerning public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat(3), as last amended by Directive 97/79/EC(4), and in particular Article 16(3) thereof,Having regard to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(5), as last amended by Decision 1999/724/EC(6), and in particular Article 10(3) and Articles 15 and 22 thereof,Whereas:(1) The animal health conditions and veterinary certificates for imports of fresh meat from certain African countries are laid down by Commission Decision 1999/283/EC(7), as last amended by Decision 2002/219/EC(8).(2) The animal and public health conditions and veterinary certification for import of wild and farmed game meat and rabbit meat from third countries are laid down by Commission Decision 2000/585/EC(9), as last amended by Decision 2002/219/EC.(3) An outbreak of foot-and-mouth disease was reported in Botswana in the approved EC zone number 7 on 7 February 2002 and the Competent Veterinary Authority of Botswana immediately suspended exports of de-boned fresh meat of bovine, ovine and caprine species and farmed and wild ungulates to the European Community from the whole of the country.(4) The Competent Veterinary Authority provided information and guarantees concerning regionalisation of zones 10, 11, 12, 13 and 14 in Botswana which were authorised for importation into the Community of de-boned fresh meat of bovine, ovine and caprine species and farmed and wild ungulates by Decision 2002/219/EC.(5) According to Directive 72/462/EEC a third country may be considered as having been free of foot-and-mouth disease for at least two years even if a limited number of outbreaks of the disease have been recorded on a limited part of its territory on condition that the outbreak has been stamped out within a period of less than three months.(6) Botswana has used suppressive vaccination with subsequent slaughter of the vaccinated animals and no further outbreaks have been reported.(7) Therefore sufficient guarantees exist to further regionalise Botswana and to allow imports of de-boned meat of bovine, ovine and caprine species and farmed and wild ungulates from zones 5, 6, 7, 8, 9 and 18.(8) Commission Decisions 1999/283/EC and 2000/585/EC must be amended accordingly.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

Article 1
1. Annex II to Decision 1999/283/EC is replaced by Annex I to this Decision.
2. In Annex III to Decision 1999/283/EC footnote 5 in the health attestation in model A is replaced by: “In the case of Botswana until 8 February 2003, notwithstanding the outbreaks of foot-and-mouth disease confirmed in the ‘EC designated free’ region of Botswana in February 2002, that part of the country may be regarded as being free of foot-and-mouth without vaccination for at least 12 months.”

Article 2
1. Annex II to Decision 2000/585/EC is replaced by Annex II to this Decision.
2. In Annex III to Decision 2000/585/EC footnote 8 in the health attestation in model A and footnote 7 in the health attestation in model F are replaced by: “Version Number referred to in the relevant and current Decision for fresh meat of the corresponding susceptible domestic species must be included however, in addition, in the case of Botswana until 8 February 2003, notwithstanding the outbreaks of foot-and-mouth disease confirmed in the ‘EC designated free’ region of Botswana in February 2002, that part of the country may be regarded as being free of foot-and-mouth without vaccination for at least 12 months.”

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 31 July 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 302, 31.12.1972, p. 28.
(2) OJ L 198, 21.7.2001, p. 11.
(3) OJ L 268, 14.9.1992, p. 35.
(4) OJ L 24, 30.1.1998, p. 31.
(5) OJ L 62, 15.3.1993, p. 49.
(6) OJ L 290, 12.11.1999, p. 32.
(7) OJ L 110, 28.4.1999, p. 16.
(8) OJ L 72, 14.3.2002, p. 32.
(9) OJ L 251, 6.10.2000, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(1), as last amended by Regulation (EC) No 1452/2001(2), and in particular Article 14(3) thereof,Having regard to Council Directive 92/45/EEC of 16 June 1992 concerning public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat(3), as last amended by Directive 97/79/EC(4), and in particular Article 16(3) thereof,Having regard to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(5), as last amended by Decision 1999/724/EC(6), and in particular Article 10(3) and Articles 15 and 22 thereof,Whereas:(1) The animal health conditions and veterinary certificates for imports of fresh meat from certain African countries are laid down by Commission Decision 1999/283/EC(7), as last amended by Decision 2002/219/EC(8).(2) The animal and public health conditions and veterinary certification for import of wild and farmed game meat and rabbit meat from third countries are laid down by Commission Decision 2000/585/EC(9), as last amended by Decision 2002/219/EC.(3) An outbreak of foot-and-mouth disease was reported in Botswana in the approved EC zone number 7 on 7 February 2002 and the Competent Veterinary Authority of Botswana immediately suspended exports of de-boned fresh meat of bovine, ovine and caprine species and farmed and wild ungulates to the European Community from the whole of the country.(4) The Competent Veterinary Authority provided information and guarantees concerning regionalisation of zones 10, 11, 12, 13 and 14 in Botswana which were authorised for importation into the Community of de-boned fresh meat of bovine, ovine and caprine species and farmed and wild ungulates by Decision 2002/219/EC.(5) According to Directive 72/462/EEC a third country may be considered as having been free of foot-and-mouth disease for at least two years even if a limited number of outbreaks of the disease have been recorded on a limited part of its territory on condition that the outbreak has been stamped out within a period of less than three months.(6) Botswana has used suppressive vaccination with subsequent slaughter of the vaccinated animals and no further outbreaks have been reported.(7) Therefore sufficient guarantees exist to further regionalise Botswana and to allow imports of de-boned meat of bovine, ovine and caprine species and farmed and wild ungulates from zones 5, 6, 7, 8, 9 and 18.(8) Commission Decisions 1999/283/EC and 2000/585/EC must be amended accordingly.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
1. Annex II to Decision 1999/283/EC is replaced by Annex I to this Decision.
2. In Annex III to Decision 1999/283/EC footnote 5 in the health attestation in model A is replaced by: “In the case of Botswana until 8 February 2003, notwithstanding the outbreaks of foot-and-mouth disease confirmed in the ‘EC designated free’ region of Botswana in February 2002, that part of the country may be regarded as being free of foot-and-mouth without vaccination for at least 12 months.”
1. Annex II to Decision 2000/585/EC is replaced by Annex II to this Decision.
2. In Annex III to Decision 2000/585/EC footnote 8 in the health attestation in model A and footnote 7 in the health attestation in model F are replaced by: “Version Number referred to in the relevant and current Decision for fresh meat of the corresponding susceptible domestic species must be included however, in addition, in the case of Botswana until 8 February 2003, notwithstanding the outbreaks of foot-and-mouth disease confirmed in the ‘EC designated free’ region of Botswana in February 2002, that part of the country may be regarded as being free of foot-and-mouth without vaccination for at least 12 months.”
This Decision is addressed to the Member States.
Done at Brussels, 31 July 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 302, 31.12.1972, p. 28.
(2) OJ L 198, 21.7.2001, p. 11.
(3) OJ L 268, 14.9.1992, p. 35.
(4) OJ L 24, 30.1.1998, p. 31.
(5) OJ L 62, 15.3.1993, p. 49.
(6) OJ L 290, 12.11.1999, p. 32.
(7) OJ L 110, 28.4.1999, p. 16.
(8) OJ L 72, 14.3.2002, p. 32.
(9) OJ L 251, 6.10.2000, p. 1.
MODELS OF ANIMAL HEALTH CERTIFICATES TO BE REQUESTED
Animal health guarantees to be requested on certification of wild and farmed game meat and rabbit meat
(y) Meat produced from animals slaughtered after 7 July 2002 can be imported into the Community.
(x) Meat produced from animals slaughtered after 7 March 2002 can be imported into the Community.”

Pending: 32002D0635

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and imports from third countries of equidae(1), as last amended by Commission Decision 2002/160/EC(2), and in particular Articles 13, 15, 16 and Article 19(i) and (ii) thereof,Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(3), as last amended by Directive 96/43/EC(4), and in particular Article 18 thereof,Whereas:(1) Council Decision 79/542/EEC(5), as last amended by Decision 2001/731/EC(6), establishing a list of third countries from which Member States authorise imports of bovine animals, swine, equidae, sheep and goats, fresh meat and meat products includes Turkey in Part 2 of the Annex, thus allowing only the importation of registered horses.(2) Under Commission Decision 92/160/EEC of 5 March 1992 establishing the regionalisation of certain third countries for imports of equidae(7), as last amended by Decision 2001/622/EC(8), as regards Turkey only temporary admission and re-entry of registered horses are allowed and only from six provinces.(3) The health conditions and veterinary certification for the temporary admission, permanent imports and re-entry of registered horses are harmonised and laid down respectively in Commission Decisions 92/260/EEC(9) and 93/197/EEC(10), both as last amended by Decision 2001/828/EC(11), and Commission Decision 93/195/EEC(12), as last amended by Decision 2001/611/EC(13).(4) In the case of Turkey the animal health conditions and veterinary certification are laid down for the temporary admission and re-entry after temporary export of registered horses respectively in Decisions 92/260/EEC and 93/195/EEC.(5) As in the course of a Commission inspection visit to Turkey in 1998 serious flaws have come to light in the procedures for exporting horses from Turkey to the Community, the Commission adopted Decision 98/404/EC of 12 June 1998 introducing protective measures with regard to importation of equidae from Turkey(14), as last amended by Decision 2000/507/EC(15).(6) After the adoption of Decision 98/404/EC the competent authorities of Turkey communicated to the Commission measures directed at improving veterinary supervision and export certification based on recommendations made by the Commission following that inspection visit.(7) In addition, the competent authorities, assisted by the private horse sector, have completed a glanders surveillance programme, which also included surveillance for African horse sickness and dourine, and submitted to the Commission a final report in April 2001. The surveillance programme confirmed with regard to the prevalence of glanders the findings of the mission carried out in 1998. A large number of mallein reactors identified amongst non-registered horses, mules and donkeys have been destroyed and compensated.(8) It appears therefore appropriate to allow temporary admission, re-entry after temporary export of Community registered horses and permanent imports of registered horses from those provinces in Turkey listed in Decision 92/160/EEC under the animal health conditions established for registered horses from areas of similar epidemiological situation. However, health tests required in accordance with the relevant conditions for imports shall be carried out in laboratories agreed by the Member State of destination.(9) Decisions 92/160/EEC, 92/260/EEC and 93/197/EEC should therefore be amended accordingly and Decision 98/404/EC repealed.(10) Countries appearing in the list being identified according to the ISO alpha 2 codes used by the Community legislation for the nomenclature of countries and territories for the external trade, notably Commission Regulation (EC) No 2032/2000(16), the provisional status of such codes should be specified whenever appropriate.(11) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

Article 1
The words “Turkey (2)” in the Annex to Commission Decision 92/160/EEC are replaced by “Turkey”.

Article 2
Commission Decision 92/260/EEC is amended as follows:
1. Annex I is amended as follows:
(a) the list of third countries in Group B is replaced by the following: “Australia (AU), Bulgaria (BG), Belarus (BY), Cyprus (CY), Czech Republic (CZ), Estonia (EE), Croatia (HR), Hungary (HU), Lithuania (LI), Latvia (LV), Former Yugoslav Republic of Macedonia (MK) (2), New Zealand (NZ), Poland (PL), Romania (RO), Russia (1) (RU), Slovak Republic (SK), Slovenia (SL), Ukraine (UA), Federal Republic of Yugoslavia (YU)”;
(b) the following footnote is added: “(2) Provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiations currently taking place in the United Nations.”;
(c) the list of third countries in Group C is replaced by the following: “Canada (CA), Hong Kong (HK), Japan (JP), Republic of Korea (KR), Macao (MO), Malaysia (peninsula) (MY), Singapore (SG), Thailand (TH), United States of America (US).”;
2. Annex II is amended as follows:
(a) the third indent of section III(d) of the health certificates A, B, C and D is replaced by the following: “- United Arab Emirates, Australia, Bulgaria, Belarus, Canada, Switzerland, Cyprus, Czech Republic, Estonia, Greenland, Hong-Kong, Croatia, Hungary, Iceland, Japan, Republic of Korea, Lithuania, Latvia, Former Yugoslav Republic of Macedonia, Macao, Malaysia (peninsula), Norway, New Zealand, Poland, Romania, Russia (1), Singapore, Slovak Republic, Slovenia, Thailand, Ukraine, United States of America, Federal Republic of Yugoslavia.”;
(b) the health certificate E is amended as follows:
(i) section III “Health information” is replaced by Annex I to this Decision;
(ii) a footnote is added as follows: “(6) The laboratory tests required in accordance with the conditions in this animal health certificate must be carried out by a laboratory approved by the Member State of destination. The test results, certified by the laboratory, have to be attached to the animal health certificate accompanying the animal. These provisions apply to the following countries: Turkey (TR).”

Article 3
Commission Decision 93/197/EEC is amended as follows:
1. Annex I is amended as follows:
(a) The list of third countries in Group B is replaced by the following: “Australia (AU), Bulgaria (BG), Belarus (BY), Cyprus (CY), Czech Republic (CZ), Estonia (EE), Croatia (HR), Hungary (HU), Lithuania (LI), Latvia (LV), Former Yugoslav Republic of Macedonia (MK) (3), New Zealand (NZ), Poland (PL), Romania (RO), Russia (1) (RU), Slovak Republic (SK), Slovenia (SL), Ukraine (UA), Federal Republic of Yugoslavia (YU).”
(b) The following footnote is added: “(3) Provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiations currently taking place in the United Nations.”
(c) The words “Turkey (1) (2) (TR)” are added in alphabetical order of the ISO-code of the country to the list of third countries in Group E.
2. The health certificate E in Annex II is amended as follows:
The title is replaced by the following: “Health Certificate
for imports into Community territory of registered horses from United Arab Emirates, Bahrain, Egypt (1), Jordan, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia (1), Syria, Turkey (1) and of registered equidae and equidae for breeding and production from Algeria, Israel, Morocco, Malta, Mauritius and Tunisia”.
(a) Section III “Health information” is replaced by Annex II to this Decision.
(b) The following footnote is added: “(5) The laboratory tests required in accordance with the conditions in this animal health certificate must be carried out by a laboratory approved by the Member State of destination. The test results, certified by the laboratory, have to be attached to the animal health certificate accompanying the animal. These provisions apply to the following countries: Turkey (TR).”

Article 4
Decision 98/404/EC is hereby repealed.

Article 5
Member States shall amend the measures they apply with regard to Turkey to bring them into line with this Decision.

Article 6
This Decision is addressed to the Member States.
Done at Brussels, 31 July 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 42.
(2) OJ L 53, 23.2.2002, p. 37.
(3) OJ L 268, 24.9.1991, p. 56.
(4) OJ L 162, 1.7.1996, p. 1.
(5) OJ L 146, 14.6.1979, p. 15.
(6) OJ L 274, 17.10.2001, p. 22.
(7) OJ L 71, 18.3.1992, p. 27.
(8) OJ L 216, 10.8.2001, p. 26.
(9) OJ L 130, 15.5.1992, p. 67.
(10) OJ L 86, 6.4.1993, p. 16.
(11) OJ L 308, 27.11.2001, p. 41.
(12) OJ L 86, 6.4.1993, p. 1.
(13) OJ L 214, 8.8.2001, p. 49.
(14) OJ L 178, 23.6.1998, p. 41.
(15) OJ L 204, 11.8.2000, p. 42.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and imports from third countries of equidae(1), as last amended by Commission Decision 2002/160/EC(2), and in particular Articles 13, 15, 16 and Article 19(i) and (ii) thereof,Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(3), as last amended by Directive 96/43/EC(4), and in particular Article 18 thereof,Whereas:(1) Council Decision 79/542/EEC(5), as last amended by Decision 2001/731/EC(6), establishing a list of third countries from which Member States authorise imports of bovine animals, swine, equidae, sheep and goats, fresh meat and meat products includes Turkey in Part 2 of the Annex, thus allowing only the importation of registered horses.(2) Under Commission Decision 92/160/EEC of 5 March 1992 establishing the regionalisation of certain third countries for imports of equidae(7), as last amended by Decision 2001/622/EC(8), as regards Turkey only temporary admission and re-entry of registered horses are allowed and only from six provinces.(3) The health conditions and veterinary certification for the temporary admission, permanent imports and re-entry of registered horses are harmonised and laid down respectively in Commission Decisions 92/260/EEC(9) and 93/197/EEC(10), both as last amended by Decision 2001/828/EC(11), and Commission Decision 93/195/EEC(12), as last amended by Decision 2001/611/EC(13).(4) In the case of Turkey the animal health conditions and veterinary certification are laid down for the temporary admission and re-entry after temporary export of registered horses respectively in Decisions 92/260/EEC and 93/195/EEC.(5) As in the course of a Commission inspection visit to Turkey in 1998 serious flaws have come to light in the procedures for exporting horses from Turkey to the Community, the Commission adopted Decision 98/404/EC of 12 June 1998 introducing protective measures with regard to importation of equidae from Turkey(14), as last amended by Decision 2000/507/EC(15).(6) After the adoption of Decision 98/404/EC the competent authorities of Turkey communicated to the Commission measures directed at improving veterinary supervision and export certification based on recommendations made by the Commission following that inspection visit.(7) In addition, the competent authorities, assisted by the private horse sector, have completed a glanders surveillance programme, which also included surveillance for African horse sickness and dourine, and submitted to the Commission a final report in April 2001. The surveillance programme confirmed with regard to the prevalence of glanders the findings of the mission carried out in 1998. A large number of mallein reactors identified amongst non-registered horses, mules and donkeys have been destroyed and compensated.(8) It appears therefore appropriate to allow temporary admission, re-entry after temporary export of Community registered horses and permanent imports of registered horses from those provinces in Turkey listed in Decision 92/160/EEC under the animal health conditions established for registered horses from areas of similar epidemiological situation. However, health tests required in accordance with the relevant conditions for imports shall be carried out in laboratories agreed by the Member State of destination.(9) Decisions 92/160/EEC, 92/260/EEC and 93/197/EEC should therefore be amended accordingly and Decision 98/404/EC repealed.(10) Countries appearing in the list being identified according to the ISO alpha 2 codes used by the Community legislation for the nomenclature of countries and territories for the external trade, notably Commission Regulation (EC) No 2032/2000(16), the provisional status of such codes should be specified whenever appropriate.(11) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
The words “Turkey (2)” in the Annex to Commission Decision 92/160/EEC are replaced by “Turkey”.
Commission Decision 92/260/EEC is amended as follows:
1. Annex I is amended as follows:
(a) the list of third countries in Group B is replaced by the following: “Australia (AU), Bulgaria (BG), Belarus (BY), Cyprus (CY), Czech Republic (CZ), Estonia (EE), Croatia (HR), Hungary (HU), Lithuania (LI), Latvia (LV), Former Yugoslav Republic of Macedonia (MK) (2), New Zealand (NZ), Poland (PL), Romania (RO), Russia (1) (RU), Slovak Republic (SK), Slovenia (SL), Ukraine (UA), Federal Republic of Yugoslavia (YU)”;
(b) the following footnote is added: “(2) Provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiations currently taking place in the United Nations.”;
(c) the list of third countries in Group C is replaced by the following: “Canada (CA), Hong Kong (HK), Japan (JP), Republic of Korea (KR), Macao (MO), Malaysia (peninsula) (MY), Singapore (SG), Thailand (TH), United States of America (US).”;
2. Annex II is amended as follows:
(a) the third indent of section III(d) of the health certificates A, B, C and D is replaced by the following: “- United Arab Emirates, Australia, Bulgaria, Belarus, Canada, Switzerland, Cyprus, Czech Republic, Estonia, Greenland, Hong-Kong, Croatia, Hungary, Iceland, Japan, Republic of Korea, Lithuania, Latvia, Former Yugoslav Republic of Macedonia, Macao, Malaysia (peninsula), Norway, New Zealand, Poland, Romania, Russia (1), Singapore, Slovak Republic, Slovenia, Thailand, Ukraine, United States of America, Federal Republic of Yugoslavia.”;
(b) the health certificate E is amended as follows:
(i) section III “Health information” is replaced by Annex I to this Decision;
(ii) a footnote is added as follows: “(6) The laboratory tests required in accordance with the conditions in this animal health certificate must be carried out by a laboratory approved by the Member State of destination. The test results, certified by the laboratory, have to be attached to the animal health certificate accompanying the animal. These provisions apply to the following countries: Turkey (TR).”
Commission Decision 93/197/EEC is amended as follows:
1. Annex I is amended as follows:
(a) The list of third countries in Group B is replaced by the following: “Australia (AU), Bulgaria (BG), Belarus (BY), Cyprus (CY), Czech Republic (CZ), Estonia (EE), Croatia (HR), Hungary (HU), Lithuania (LI), Latvia (LV), Former Yugoslav Republic of Macedonia (MK) (3), New Zealand (NZ), Poland (PL), Romania (RO), Russia (1) (RU), Slovak Republic (SK), Slovenia (SL), Ukraine (UA), Federal Republic of Yugoslavia (YU).”
(b) The following footnote is added: “(3) Provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiations currently taking place in the United Nations.”
(c) The words “Turkey (1) (2) (TR)” are added in alphabetical order of the ISO-code of the country to the list of third countries in Group E.
2. The health certificate E in Annex II is amended as follows:
The title is replaced by the following: “Health Certificate
for imports into Community territory of registered horses from United Arab Emirates, Bahrain, Egypt (1), Jordan, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia (1), Syria, Turkey (1) and of registered equidae and equidae for breeding and production from Algeria, Israel, Morocco, Malta, Mauritius and Tunisia”.
(a) Section III “Health information” is replaced by Annex II to this Decision.
(b) The following footnote is added: “(5) The laboratory tests required in accordance with the conditions in this animal health certificate must be carried out by a laboratory approved by the Member State of destination. The test results, certified by the laboratory, have to be attached to the animal health certificate accompanying the animal. These provisions apply to the following countries: Turkey (TR).”
Decision 98/404/EC is hereby repealed.
Member States shall amend the measures they apply with regard to Turkey to bring them into line with this Decision.
This Decision is addressed to the Member States.
Done at Brussels, 31 July 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 42.
(2) OJ L 53, 23.2.2002, p. 37.
(3) OJ L 268, 24.9.1991, p. 56.
(4) OJ L 162, 1.7.1996, p. 1.
(5) OJ L 146, 14.6.1979, p. 15.
(6) OJ L 274, 17.10.2001, p. 22.
(7) OJ L 71, 18.3.1992, p. 27.
(8) OJ L 216, 10.8.2001, p. 26.
(9) OJ L 130, 15.5.1992, p. 67.
(10) OJ L 86, 6.4.1993, p. 16.
(11) OJ L 308, 27.11.2001, p. 41.
(12) OJ L 86, 6.4.1993, p. 1.
(13) OJ L 214, 8.8.2001, p. 49.
(14) OJ L 178, 23.6.1998, p. 41.
(15) OJ L 204, 11.8.2000, p. 42.
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>PIC FILE= “L_2002206EN.002502.TIF”>
>PIC FILE= “L_2002206EN.002601.TIF”>

Pending: 32002D0622

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community(1) (hereinafter the Radio Spectrum Decision) establishes a policy and legal framework in the Community for radio spectrum policy so as to ensure the coordination of policy approaches and, where appropriate, harmonised conditions with regard to the availability and efficient use of the radio spectrum necessary for the establishment and functioning of the internal market in Community policy areas such as electronic communications, transport and Research and Development.(2) The Radio Spectrum Decision recalls that the Commission may organise consultations in order to take into account the views of Member States, Community institutions, industry and of all radio spectrum users involved, both commercial and non-commercial, as well as of other interested parties on technological, market and regulatory developments which may relate to the use of radio spectrum.(3) A consultative group to be called the Radio Spectrum Policy Group (hereinafter the Group) should be established. The Group should assist and advise the Commission on radio spectrum policy issues such as radio spectrum availability, harmonisation and allocation of radio spectrum, provision of information concerning allocation, availability and use of radio spectrum, methods for granting rights to use spectrum, refarming, relocation, valuation and efficient use of radio spectrum as well as protection of human health.(4) The Group should contribute to the development of a radio spectrum policy in the Community that takes into account not only technical parameters but also economic, political, cultural, strategic, health and social considerations, as well as the various potentially conflicting needs of radio spectrum users with a view to ensuring that a fair, non-discriminatory and proportionate balance is achieved.(5) The Group should gather high-level governmental experts from the Member States and a high level representative of the Commission. The Group could also include observers and invite other persons to attend meetings as appropriate, including regulators, competition authorities, market participants, user or consumer groups. The Group should therefore allow cooperation between Member States and the Commission in such a way as to contribute to the development of the internal market.(6) As the focal point for addressing radio spectrum policy issues in the context of all relevant Community policies, close operational links should be maintained between the Group and specific groups or committees established for the implementation of sectoral Community policies including transport policy, internal market policy for radio equipment, audiovisual policy, space policy, and communications.(7) The Radio Spectrum Decision has created a Radio Spectrum Committee to assist the Commission in the elaboration of binding implementing measures addressing harmonised conditions for the availability and efficient use of radio spectrum. The work of the Group should not interfere with the work of the Committee.(8) In order to guarantee effective discussions, each national delegation attending the Group should have a consolidated and coordinated national view of all policies which affect the use of radio spectrum in that Member State in relation not only to the internal market but also to public order, public security, civil protection and defence policies as the use of radio spectrum for such policies may influence the organisation of radio spectrum as a whole. At present, different national government departments have responsibility over different parts of the radio spectrum.(9) The Group should consult extensively and in a forward-looking manner on technological, market and regulatory developments relating to the use of radio spectrum with all radio spectrum users involved, both commercial and non-commercial, as well as with any other interested parties.(10) The use of radio spectrum does not stop at borders and given the forthcoming accession of additional Member States, the Group may be opened to these countries and to countries which are members of the European Economic Area.(11) CEPT (European Conference of Postal and Telecommunications administrations, comprising 44 European countries) should be invited as observer with the work of the Group considering the impact of the activities of the Group on radio spectrum at a pan-European level and considering the technical expertise gained by CEPT and its affiliate bodies in radio spectrum management. It is also appropriate to draw on such expertise on the basis of mandates to be granted pursuant to the Radio Spectrum Decision in view to the development of technical implementing measures in the areas of radio spectrum allocation and information availability. In view of the importance of European standardisation for the development of equipment using radio spectrum, it is likewise important to associate as observer the European Telecommunications Standardisation Institute (ETSI),HAS DECIDED AS FOLLOWS:Article 1Subject matterAn advisory group on radio spectrum policy, called the Radio Spectrum Policy Group (hereinafter referred to as the Group), is hereby established.Article 2AimsThe Group shall assist and advise the Commission on radio spectrum policy issues, on coordination of policy approaches and, where appropriate, on harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market.Article 3MembershipThe Group shall be composed of one high level governmental expert from each Member State as well as of a high-level representative from the Commission.The Commission shall provide the secretariat to the Group.Article 4Operational arrangementsAt the Commission’s request or at its own initiative, the Group shall adopt opinions to be addressed to the Commission, upon consensus or, if not possible, on the basis of a simple majority, each member having one vote except the Commission which shall not vote. Dissenting opinions shall be attached to the adopted opinions. Observers may participate in the deliberation but shall not vote.The Group shall elect a chairperson from among its members. The Commission may organise the work of the Group into subgroups and expert working groups as appropriate.The Commission shall convene the meetings of the Group through the secretariat in agreement with the chairperson. The Group shall adopt its rules of procedure upon a proposal from the Commission, by consensus or, in the absence of consensus, by a two-thirds majority vote, one vote being expressed per Member State, subject to the approval of the Commission.The Group may invite observers, including those from EEA States and those States that are candidates for accession to the European Union, as well as from the European Parliament, CEPT and ETSI, to attend its meetings and it may hear experts and interested parties.Article 5ConsultationThe Group shall consult extensively and at an early stage with market participants, consumers and end-users in an open and transparent manner.Article 6ConfidentialityWithout prejudice to the provisions of Article 287 of the Treaty, where the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, members of the Group as well as observers and any other person attending shall be under an obligation not to disclose information which has come to their knowledge through the work of the Group, its subgroups or expert working groups. The Commission may decide in such cases that only members of the Group may be present at meetings.Article 7Entry into forceThis Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.The Group shall take up its duties on the date of entry into force of this Decision.Done at Brussels, 26 July 2002.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 108, 24.4.2002, p. 1.

Article 1
Subject matter
An advisory group on radio spectrum policy, called the Radio Spectrum Policy Group (hereinafter referred to as the Group), is hereby established.

Article 2
The Group shall assist and advise the Commission on radio spectrum policy issues, on coordination of policy approaches and, where appropriate, on harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market.

Article 3
The Group shall be composed of one high level governmental expert from each Member State as well as of a high-level representative from the Commission.
The Commission shall provide the secretariat to the Group.

Article 4
Operational arrangements
At the Commission’s request or at its own initiative, the Group shall adopt opinions to be addressed to the Commission, upon consensus or, if not possible, on the basis of a simple majority, each member having one vote except the Commission which shall not vote. Dissenting opinions shall be attached to the adopted opinions. Observers may participate in the deliberation but shall not vote.
The Group shall elect a chairperson from among its members. The Commission may organise the work of the Group into subgroups and expert working groups as appropriate.
The Commission shall convene the meetings of the Group through the secretariat in agreement with the chairperson. The Group shall adopt its rules of procedure upon a proposal from the Commission, by consensus or, in the absence of consensus, by a two-thirds majority vote, one vote being expressed per Member State, subject to the approval of the Commission.
The Group may invite observers, including those from EEA States and those States that are candidates for accession to the European Union, as well as from the European Parliament, CEPT and ETSI, to attend its meetings and it may hear experts and interested parties.

Article 5
Consultation
The Group shall consult extensively and at an early stage with market participants, consumers and end-users in an open and transparent manner.

Article 6
Confidentiality
Without prejudice to the provisions of Article 287 of the Treaty, where the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, members of the Group as well as observers and any other person attending shall be under an obligation not to disclose information which has come to their knowledge through the work of the Group, its subgroups or expert working groups. The Commission may decide in such cases that only members of the Group may be present at meetings.

Article 7
Entry into force
This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.
The Group shall take up its duties on the date of entry into force of this Decision.
Done at Brussels, 26 July 2002.
For the Commission
Erkki Liikanen
Member of the Commission
(1) OJ L 108, 24.4.2002, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community(1) (hereinafter the Radio Spectrum Decision) establishes a policy and legal framework in the Community for radio spectrum policy so as to ensure the coordination of policy approaches and, where appropriate, harmonised conditions with regard to the availability and efficient use of the radio spectrum necessary for the establishment and functioning of the internal market in Community policy areas such as electronic communications, transport and Research and Development.(2) The Radio Spectrum Decision recalls that the Commission may organise consultations in order to take into account the views of Member States, Community institutions, industry and of all radio spectrum users involved, both commercial and non-commercial, as well as of other interested parties on technological, market and regulatory developments which may relate to the use of radio spectrum.(3) A consultative group to be called the Radio Spectrum Policy Group (hereinafter the Group) should be established. The Group should assist and advise the Commission on radio spectrum policy issues such as radio spectrum availability, harmonisation and allocation of radio spectrum, provision of information concerning allocation, availability and use of radio spectrum, methods for granting rights to use spectrum, refarming, relocation, valuation and efficient use of radio spectrum as well as protection of human health.(4) The Group should contribute to the development of a radio spectrum policy in the Community that takes into account not only technical parameters but also economic, political, cultural, strategic, health and social considerations, as well as the various potentially conflicting needs of radio spectrum users with a view to ensuring that a fair, non-discriminatory and proportionate balance is achieved.(5) The Group should gather high-level governmental experts from the Member States and a high level representative of the Commission. The Group could also include observers and invite other persons to attend meetings as appropriate, including regulators, competition authorities, market participants, user or consumer groups. The Group should therefore allow cooperation between Member States and the Commission in such a way as to contribute to the development of the internal market.(6) As the focal point for addressing radio spectrum policy issues in the context of all relevant Community policies, close operational links should be maintained between the Group and specific groups or committees established for the implementation of sectoral Community policies including transport policy, internal market policy for radio equipment, audiovisual policy, space policy, and communications.(7) The Radio Spectrum Decision has created a Radio Spectrum Committee to assist the Commission in the elaboration of binding implementing measures addressing harmonised conditions for the availability and efficient use of radio spectrum. The work of the Group should not interfere with the work of the Committee.(8) In order to guarantee effective discussions, each national delegation attending the Group should have a consolidated and coordinated national view of all policies which affect the use of radio spectrum in that Member State in relation not only to the internal market but also to public order, public security, civil protection and defence policies as the use of radio spectrum for such policies may influence the organisation of radio spectrum as a whole. At present, different national government departments have responsibility over different parts of the radio spectrum.(9) The Group should consult extensively and in a forward-looking manner on technological, market and regulatory developments relating to the use of radio spectrum with all radio spectrum users involved, both commercial and non-commercial, as well as with any other interested parties.(10) The use of radio spectrum does not stop at borders and given the forthcoming accession of additional Member States, the Group may be opened to these countries and to countries which are members of the European Economic Area.(11) CEPT (European Conference of Postal and Telecommunications administrations, comprising 44 European countries) should be invited as observer with the work of the Group considering the impact of the activities of the Group on radio spectrum at a pan-European level and considering the technical expertise gained by CEPT and its affiliate bodies in radio spectrum management. It is also appropriate to draw on such expertise on the basis of mandates to be granted pursuant to the Radio Spectrum Decision in view to the development of technical implementing measures in the areas of radio spectrum allocation and information availability. In view of the importance of European standardisation for the development of equipment using radio spectrum, it is likewise important to associate as observer the European Telecommunications Standardisation Institute (ETSI),HAS DECIDED AS FOLLOWS:Article 1Subject matterAn advisory group on radio spectrum policy, called the Radio Spectrum Policy Group (hereinafter referred to as the Group), is hereby established.Article 2AimsThe Group shall assist and advise the Commission on radio spectrum policy issues, on coordination of policy approaches and, where appropriate, on harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market.Article 3MembershipThe Group shall be composed of one high level governmental expert from each Member State as well as of a high-level representative from the Commission.The Commission shall provide the secretariat to the Group.Article 4Operational arrangementsAt the Commission’s request or at its own initiative, the Group shall adopt opinions to be addressed to the Commission, upon consensus or, if not possible, on the basis of a simple majority, each member having one vote except the Commission which shall not vote. Dissenting opinions shall be attached to the adopted opinions. Observers may participate in the deliberation but shall not vote.The Group shall elect a chairperson from among its members. The Commission may organise the work of the Group into subgroups and expert working groups as appropriate.The Commission shall convene the meetings of the Group through the secretariat in agreement with the chairperson. The Group shall adopt its rules of procedure upon a proposal from the Commission, by consensus or, in the absence of consensus, by a two-thirds majority vote, one vote being expressed per Member State, subject to the approval of the Commission.The Group may invite observers, including those from EEA States and those States that are candidates for accession to the European Union, as well as from the European Parliament, CEPT and ETSI, to attend its meetings and it may hear experts and interested parties.Article 5ConsultationThe Group shall consult extensively and at an early stage with market participants, consumers and end-users in an open and transparent manner.Article 6ConfidentialityWithout prejudice to the provisions of Article 287 of the Treaty, where the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, members of the Group as well as observers and any other person attending shall be under an obligation not to disclose information which has come to their knowledge through the work of the Group, its subgroups or expert working groups. The Commission may decide in such cases that only members of the Group may be present at meetings.Article 7Entry into forceThis Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.The Group shall take up its duties on the date of entry into force of this Decision.Done at Brussels, 26 July 2002.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 108, 24.4.2002, p. 1.
Subject matter
An advisory group on radio spectrum policy, called the Radio Spectrum Policy Group (hereinafter referred to as the Group), is hereby established.
The Group shall assist and advise the Commission on radio spectrum policy issues, on coordination of policy approaches and, where appropriate, on harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market.
The Group shall be composed of one high level governmental expert from each Member State as well as of a high-level representative from the Commission.
The Commission shall provide the secretariat to the Group.
Operational arrangements
At the Commission’s request or at its own initiative, the Group shall adopt opinions to be addressed to the Commission, upon consensus or, if not possible, on the basis of a simple majority, each member having one vote except the Commission which shall not vote. Dissenting opinions shall be attached to the adopted opinions. Observers may participate in the deliberation but shall not vote.
The Group shall elect a chairperson from among its members. The Commission may organise the work of the Group into subgroups and expert working groups as appropriate.
The Commission shall convene the meetings of the Group through the secretariat in agreement with the chairperson. The Group shall adopt its rules of procedure upon a proposal from the Commission, by consensus or, in the absence of consensus, by a two-thirds majority vote, one vote being expressed per Member State, subject to the approval of the Commission.
The Group may invite observers, including those from EEA States and those States that are candidates for accession to the European Union, as well as from the European Parliament, CEPT and ETSI, to attend its meetings and it may hear experts and interested parties.
Consultation
The Group shall consult extensively and at an early stage with market participants, consumers and end-users in an open and transparent manner.
Confidentiality
Without prejudice to the provisions of Article 287 of the Treaty, where the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, members of the Group as well as observers and any other person attending shall be under an obligation not to disclose information which has come to their knowledge through the work of the Group, its subgroups or expert working groups. The Commission may decide in such cases that only members of the Group may be present at meetings.
Entry into force
This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.
The Group shall take up its duties on the date of entry into force of this Decision.
Done at Brussels, 26 July 2002.
For the Commission
Erkki Liikanen
Member of the Commission
(1) OJ L 108, 24.4.2002, p. 1.

Pending: 32002D0615

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning the veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 20(3) thereof,Whereas:(1) Various Community studies and seminars indicate that the ANIMO network architecture should be reviewed with a view to establishing a veterinary system that includes all the different computerised applications used.(2) Decision 92/486/EEC of 25 September 1992 establishing the form of cooperation between the ANIMO host centre and the Member States(3), as last amended by Decision 2001/301/EC(4), should be amended accordingly so as to guarantee the continuity of the ANIMO network.(3) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DECISION:Article 1The following paragraph 7 is added to Article 2a of Decision 92/486/EEC: “7. For the period from 1 April 2002 to 31 March 2003, the coordination authorities provided for in

Article 1
The following paragraph 7 is added to Article 2a of Decision 92/486/EEC: “7. For the period from 1 April 2002 to 31 March 2003, the coordination authorities provided for in Article 1 shall ensure that the contracts referred to in that Article are extended for one year.”
The following charge shall apply in respect of this paragraph:
– EUR 386 per unit (central unit, local unit, frontier inspection post) for all the ANIMO units listed in Decision 2002/459/EC(5).

Article 2
This Decision shall apply from 1 April 2002.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 22 July 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 291, 7.10.1992, p. 20.
(4) OJ L 102, 12.4.2001, p. 73.
(5) OJ L 159, 17.6.2002, p. 27.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning the veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 20(3) thereof,Whereas:(1) Various Community studies and seminars indicate that the ANIMO network architecture should be reviewed with a view to establishing a veterinary system that includes all the different computerised applications used.(2) Decision 92/486/EEC of 25 September 1992 establishing the form of cooperation between the ANIMO host centre and the Member States(3), as last amended by Decision 2001/301/EC(4), should be amended accordingly so as to guarantee the continuity of the ANIMO network.(3) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DECISION:Article 1The following paragraph 7 is added to Article 2a of Decision 92/486/EEC: “7. For the period from 1 April 2002 to 31 March 2003, the coordination authorities provided for in
The following paragraph 7 is added to Article 2a of Decision 92/486/EEC: “7. For the period from 1 April 2002 to 31 March 2003, the coordination authorities provided for in Article 1 shall ensure that the contracts referred to in that Article are extended for one year.”
The following charge shall apply in respect of this paragraph:
– EUR 386 per unit (central unit, local unit, frontier inspection post) for all the ANIMO units listed in Decision 2002/459/EC(5).
This Decision shall apply from 1 April 2002.
This Decision is addressed to the Member States.
Done at Brussels, 22 July 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 291, 7.10.1992, p. 20.
(4) OJ L 102, 12.4.2001, p. 73.
(5) OJ L 159, 17.6.2002, p. 27.

Pending: 32002D0546

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 299(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) Pursuant to Article 299(2) of the Treaty, the provisions of the Treaty apply to the outermost regions and hence the Canary Islands, account being taken of their structural social and economic situation, which is compounded by their remoteness, insularity, small size, difficult topography and climate and economic dependence on a few products, the permanence and combination of which factors severely restrain their development.(2) Specific measures should therefore be adopted in order to establish the conditions for applying the Treaty to those regions. Specific tax policy measures may be adopted. They must take account of the special characteristics and constraints of these regions, but without undermining the integrity and coherence of the Community legal order, including the internal market and common policies. The Council, the European Parliament, the Committee of the Regions and the Economic and Social Committee have on several occasions stressed the need to adopt these specific measures.(3) On the question of taxation, specific measures to be implemented must be based on the instruments most appropriate to regional development and support of these regions including long-term tax derogations, in accordance with the criteria of coherence of Community law and the internal market and provided that these measures are necessary and proportionate to the objectives pursued.(4) The indirect taxation arrangements applicable to the Canary Islands comprise a number of taxes including the Impuesto General Indirecto Canario (IGIC) and the “Arbitrio sobre la ProducciĂłn y sobre las ImportaciĂłnes” (APIM) (tax on production and imports) authorised until 31 December 2001 by Article 5 of Council Regulation (EEC) No 1911/91 of 26 June 1991 on the application of the provisions of Community law to the Canary Islands(3).(5) When Regulation (EC) No 2674/1999(4) was adopted, the Council requested the Commission to examine with the Spanish authorities the impact of suspending the dismantling of the APIM tax on the economic sectors concerned and more especially the products forming the subject of the suspension measure. It also asked the Commission to present to it, where appropriate in the light of the results of this examination, a proposal concerning the measures to be taken on the basis of the Treaty, in order to avoid jeopardising certain particularly vulnerable local production activities, while ultimately abolishing the tax. This objective of ultimate abolition of the tax must now be included in the framework of measures adopted on the basis of Article 299(2) of the Treaty, which authorises specific long-term measures to take account of the handicaps listed.(6) In their letters of 25 July 2000 and 12 June 2001, the Spanish authorities sent the Commission, on the basis of Article 299(2) of the Treaty, details concerning a new tax known as “Arbitrio sobre las Importaciones y Entregas de MercancĂ­as en las islas Canarias (AIEM)”. This is a tax on supplies of goods in the Canary Islands effected by the producers of the goods and on imports of comparable or similar goods of the same type defined by reference to the Common Customs Tariff nomenclature. The taxable base for imported goods will be based on the customs value and that of supplies of goods effected by producers in the Canary Islands will be based on the total amount of the consideration. As with the APIM, locally produced goods may be exempted from the AIEM. The Commission evaluated this proposed tax in the light of the undertakings it gave the Council when Regulation (EC) No 2674/1999 was adopted and in the light of the handicaps affecting industrial production in the Canary Islands.(7) At the top of the list of handicaps identified is the predominance of the services sector and in particular tourism in the regional product and also the dependence of the Canary Islands’ economy on this sector and the small share of industry in the Canary Islands’ GDP. The AIEM tax should serve the objective of the autonomous development of the Canary Islands’ industrial production sectors and of diversifying the Islands’ economy.(8) In second place is the isolation inherent in an island which hinders the free movement of persons, goods and services. Dependence on certain modes of transport, air transport and maritime transport, is increased since these are modes of transport which have not yet been fully liberalised. Production costs are greater because these modes of transport are less efficient and more expensive than road, rail or the trans-European networks.(9) As a further consequence of this isolation, higher production costs result from dependence in terms of raw materials and energy, the obligation to build up stocks and difficulties affecting the supply of production equipment.(10) The small size of the market and the low level of export activity, the geographical fragmentation of the archipelago, and the obligation to maintain diversified but only small production lines in order to meet the requirements of a small market, restrict the opportunities for economies of scale.(11) It is in many cases more difficult or more expensive to obtain specialised and maintenance services, and training for managers and technicians, or to subcontract or promote business expansion beyond the Canary Islands’ market. The narrow range of distribution methods also results in overstocking.(12) As regards the environment, the disposal of industrial waste and the treatment of toxic waste give rise to higher environmental costs. These costs are higher because there are no recycling plants, other than for certain products, and waste has to be transported to the mainland and toxic waste has to be treated outside the Canary Islands.(13) Generally speaking, the present trend towards the globalisation of markets, which is characterised by the concentration of production and consequently specialisation of production sectors, does not enable business in the Canary Islands to derive benefits comparable with business situated in less isolated, larger markets. As a result, to varying degrees depending on the sector and product, local production in the Canary Islands is gradually being replaced by imports. On top of this, a common feature of local production is interdependence of local firms, in a form which resembles vertical integration, so that when activities are relocated in one sector this triggers the loss of activities in other related sectors.(14) On the basis of all this information and the notification from the Spanish authorities, it is advisable to authorise the application of a tax to a list of industrial products for which exemptions for local products may be allowed.(15) It is nevertheless advisable to combine the requirements of Articles 299(2) and 90 of the Treaty and observance of the need for coherence of Community law and the internal market. This means applying only the measures strictly necessary and proportionate to the objectives set, account being taken of the handicaps of a remote location. The proposed Community framework therefore comprises a list of sensitive products for which the Canary Islands’ authorities are authorised to provide for exemptions within limits determined by Council decision for products which are produced locally.(16) Industrial products for which there is exemption fall into the following categories: agricultural and fisheries products, building materials, chemicals, products of the metalworking industries, foodstuffs and beverages, tobacco products, textiles and leather, paper, graphic arts and publishing. These sectors and products largely correspond to the sensitive sectors identified by Regulation (EC) No 2674/1999. The provisions of this Decision shall apply to the implementation of these exemptions without prejudice to the possible application of Articles 87 and 88 of the Treaty.(17) The maximum exemptions which may be applied to the industrial products in question vary depending on sector and product, by 5 % to 15 %. The rates applicable to these products correspond, according to the Spanish authorities, to the level of the APIM tax as it resulted in 1996 from the application of Regulation (EEC) No 1911/91 and the acts adopted pursuant to that Regulation and the Regulation on the “tarifa especial” tax.(18) The maximum exemption applicable to finished tobacco products is nevertheless higher, because the tobacco sector is an exceptional case. The tobacco industry, which had greatly expanded in the Canary Islands, has been declining very markedly for a number of years. The traditional handicaps of insularity described above are of course at the root of the decline in local tobacco production in the Canary Islands. The phenomenon of numerous relocations of firms established in the Canary Islands is also the result of the globalisation of the economy and concentration of production and the emergence and development of new markets outside Europe. The decline in local production led to 67 % job losses between 1985 and 2000. The series of relocations and closures has involved the production plants of multinationals which are among the world’s leading manufacturers.(19) This phenomenon of declining local production is in contrast, furthermore, with a local market on which sales increased steadily over the same period. The increased sales of tobacco are attributed by producers partly to the buoyant market created by tourists. The retail price of tobacco products in the Canary Islands is still very attractive. A comparison shows price differences of about half compared with the selling prices of tobacco in the rest of Spain. Increased taxes on tobacco since 1995, in particular the IGIC, have not slowed down sales of tobacco products, which rose steadily over the corresponding period. A large volume of supply has been maintained on this growing market, despite the drop in local production, solely as a result of the increase in imports from 5 % to 32 % between 1992 and 2000.(20) Account being taken of all these factors, there are grounds for a substantial exemption for tobacco. Exemption from taxation is in direct relation with the objective of maintaining production in the Canary Islands.(21) It is nevertheless necessary to bear in mind the coherence of the internal market, as required by Article 299(2) of the Treaty. Trade is important in this sector. Imports of tobacco products into the Canary Islands have increased in recent years but the proportion of exports of tobacco from the Canary Islands is also large. At present some 76 % of the Canary Islands’ cigarette production is exported and only 24 % goes to the Canary Islands’ market. Comparison of the figures reveals that the volume of exports from the Canary Islands has been increasing since 1995, but the volume of imports has increased even more. This means that, in a growing market, local production does not cover all requirements. These findings underpin the argument that substantial exemption from the AIEM is needed as a sufficient incentive to maintain or restore local production given the importance of trade in this sector.(22) Account being taken of these factors, and the fact that local producers enjoy a benefit in relation to other producers, comprising the opportunity to import up to 20000 tonnes a year of raw and semi-manufactured tobacco, the initial proposal drawn up by the Spanish authorities, who suggested a rate of 45 %, seems excessive. For that reason a much higher exemption option than for all the other products but not exceeding 25 % is proposed. In addition, given the importance of an adequate exemption incentive for local production, it is suggested that the Spanish authorities be authorised to fix a specific minimum tax of EUR 6 per 1000 cigarettes, corresponding to an AIEM level of 25 % for the cheapest cigarette category in 2001. This measure is not an additional safeguard. It is rather an alternative to a maximum exemption of 25 % that will ensure that the latter continues to have a satisfactory impact.(23) The objectives of promoting the socio-economic development of the Canary Islands are reflected at national level in the purpose of the tax and the allocation of the revenue it generates. The incorporation of the revenue from this tax in the resources of the Canary Islands’ economic and tax system and its use for an economic and social development strategy involving the promotion of local activities is a legal obligation.(24) The arrangements are to apply for 10 years. It will nevertheless be necessary to evaluate the proposed system after five years. The Spanish authorities must therefore present to the Commission by 31 December 2005 at the latest a report on the application of the arrangements referred to in

Article 1
1. By way of derogation from Articles 23, 25 and 90 of the Treaty, the Spanish authorities shall be authorised until 31 December 2011 to lay down, in respect of products listed in the Annex that are produced locally in the Canary Islands, total exemptions from or partial reductions of the tax known as “Arbitrio sobre las Importaciones y Entregas de MercancĂ­as en las islas Canarias (AIEM)”. These exemptions must form part of the strategy for economic and social development of the Canary Islands and contribute to the promotion of local activities.
2. Application of the total exemptions or reductions referred to in paragraph 1 may not lead to differences in excess of:
(a) 5 % for the products listed in the Annex, Section A;
(b) 15 % for the products listed in the Annex, Section B;
(c) 25 % for the products listed in the Annex, section C. Nevertheless, the Spanish authorities may establish a minimum tax on cigarettes of not more than EUR 6 per 1000 cigarettes, applicable only if the AIEM tax resulting from the application of general types of taxation is below this figure.

Article 2
The Spanish authorities shall present to the Commission at the latest by 31 December 2005 a report on the application of the arrangements referred to in Article 1, in order to check the impact of the measures taken and their contribution to the promotion or maintenance of local economic activities, account being taken of handicaps affecting the outermost regions.
On this basis, the Commission shall present a report to the Council comprising a full analysis of the economic and social aspects and where appropriate a proposal for adapting the provisions of this Decision.

Article 3
This Decision shall be applicable from 1 January 2002.

Article 4
This Decision is addressed to the Kingdom of Spain.
Done at Madrid, 20 June 2002.
For the Council
The President
R. De Rato Y Figaredo
(1) OJ C 75 E, 26.3.2002, p. 328.
(2) Opinion delivered on 13 June 2002 (not yet published in the Official Journal).
(3) OJ L 171, 29.6.1991. Regulation as last amended by Regulation (EC) No 1105/2001 (OJ L 151, 7.6.2001, p. 1).
(4) OJ L 326, 18.12.1999, p. 3.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 299(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) Pursuant to Article 299(2) of the Treaty, the provisions of the Treaty apply to the outermost regions and hence the Canary Islands, account being taken of their structural social and economic situation, which is compounded by their remoteness, insularity, small size, difficult topography and climate and economic dependence on a few products, the permanence and combination of which factors severely restrain their development.(2) Specific measures should therefore be adopted in order to establish the conditions for applying the Treaty to those regions. Specific tax policy measures may be adopted. They must take account of the special characteristics and constraints of these regions, but without undermining the integrity and coherence of the Community legal order, including the internal market and common policies. The Council, the European Parliament, the Committee of the Regions and the Economic and Social Committee have on several occasions stressed the need to adopt these specific measures.(3) On the question of taxation, specific measures to be implemented must be based on the instruments most appropriate to regional development and support of these regions including long-term tax derogations, in accordance with the criteria of coherence of Community law and the internal market and provided that these measures are necessary and proportionate to the objectives pursued.(4) The indirect taxation arrangements applicable to the Canary Islands comprise a number of taxes including the Impuesto General Indirecto Canario (IGIC) and the “Arbitrio sobre la ProducciĂłn y sobre las ImportaciĂłnes” (APIM) (tax on production and imports) authorised until 31 December 2001 by Article 5 of Council Regulation (EEC) No 1911/91 of 26 June 1991 on the application of the provisions of Community law to the Canary Islands(3).(5) When Regulation (EC) No 2674/1999(4) was adopted, the Council requested the Commission to examine with the Spanish authorities the impact of suspending the dismantling of the APIM tax on the economic sectors concerned and more especially the products forming the subject of the suspension measure. It also asked the Commission to present to it, where appropriate in the light of the results of this examination, a proposal concerning the measures to be taken on the basis of the Treaty, in order to avoid jeopardising certain particularly vulnerable local production activities, while ultimately abolishing the tax. This objective of ultimate abolition of the tax must now be included in the framework of measures adopted on the basis of Article 299(2) of the Treaty, which authorises specific long-term measures to take account of the handicaps listed.(6) In their letters of 25 July 2000 and 12 June 2001, the Spanish authorities sent the Commission, on the basis of Article 299(2) of the Treaty, details concerning a new tax known as “Arbitrio sobre las Importaciones y Entregas de MercancĂ­as en las islas Canarias (AIEM)”. This is a tax on supplies of goods in the Canary Islands effected by the producers of the goods and on imports of comparable or similar goods of the same type defined by reference to the Common Customs Tariff nomenclature. The taxable base for imported goods will be based on the customs value and that of supplies of goods effected by producers in the Canary Islands will be based on the total amount of the consideration. As with the APIM, locally produced goods may be exempted from the AIEM. The Commission evaluated this proposed tax in the light of the undertakings it gave the Council when Regulation (EC) No 2674/1999 was adopted and in the light of the handicaps affecting industrial production in the Canary Islands.(7) At the top of the list of handicaps identified is the predominance of the services sector and in particular tourism in the regional product and also the dependence of the Canary Islands’ economy on this sector and the small share of industry in the Canary Islands’ GDP. The AIEM tax should serve the objective of the autonomous development of the Canary Islands’ industrial production sectors and of diversifying the Islands’ economy.(8) In second place is the isolation inherent in an island which hinders the free movement of persons, goods and services. Dependence on certain modes of transport, air transport and maritime transport, is increased since these are modes of transport which have not yet been fully liberalised. Production costs are greater because these modes of transport are less efficient and more expensive than road, rail or the trans-European networks.(9) As a further consequence of this isolation, higher production costs result from dependence in terms of raw materials and energy, the obligation to build up stocks and difficulties affecting the supply of production equipment.(10) The small size of the market and the low level of export activity, the geographical fragmentation of the archipelago, and the obligation to maintain diversified but only small production lines in order to meet the requirements of a small market, restrict the opportunities for economies of scale.(11) It is in many cases more difficult or more expensive to obtain specialised and maintenance services, and training for managers and technicians, or to subcontract or promote business expansion beyond the Canary Islands’ market. The narrow range of distribution methods also results in overstocking.(12) As regards the environment, the disposal of industrial waste and the treatment of toxic waste give rise to higher environmental costs. These costs are higher because there are no recycling plants, other than for certain products, and waste has to be transported to the mainland and toxic waste has to be treated outside the Canary Islands.(13) Generally speaking, the present trend towards the globalisation of markets, which is characterised by the concentration of production and consequently specialisation of production sectors, does not enable business in the Canary Islands to derive benefits comparable with business situated in less isolated, larger markets. As a result, to varying degrees depending on the sector and product, local production in the Canary Islands is gradually being replaced by imports. On top of this, a common feature of local production is interdependence of local firms, in a form which resembles vertical integration, so that when activities are relocated in one sector this triggers the loss of activities in other related sectors.(14) On the basis of all this information and the notification from the Spanish authorities, it is advisable to authorise the application of a tax to a list of industrial products for which exemptions for local products may be allowed.(15) It is nevertheless advisable to combine the requirements of Articles 299(2) and 90 of the Treaty and observance of the need for coherence of Community law and the internal market. This means applying only the measures strictly necessary and proportionate to the objectives set, account being taken of the handicaps of a remote location. The proposed Community framework therefore comprises a list of sensitive products for which the Canary Islands’ authorities are authorised to provide for exemptions within limits determined by Council decision for products which are produced locally.(16) Industrial products for which there is exemption fall into the following categories: agricultural and fisheries products, building materials, chemicals, products of the metalworking industries, foodstuffs and beverages, tobacco products, textiles and leather, paper, graphic arts and publishing. These sectors and products largely correspond to the sensitive sectors identified by Regulation (EC) No 2674/1999. The provisions of this Decision shall apply to the implementation of these exemptions without prejudice to the possible application of Articles 87 and 88 of the Treaty.(17) The maximum exemptions which may be applied to the industrial products in question vary depending on sector and product, by 5 % to 15 %. The rates applicable to these products correspond, according to the Spanish authorities, to the level of the APIM tax as it resulted in 1996 from the application of Regulation (EEC) No 1911/91 and the acts adopted pursuant to that Regulation and the Regulation on the “tarifa especial” tax.(18) The maximum exemption applicable to finished tobacco products is nevertheless higher, because the tobacco sector is an exceptional case. The tobacco industry, which had greatly expanded in the Canary Islands, has been declining very markedly for a number of years. The traditional handicaps of insularity described above are of course at the root of the decline in local tobacco production in the Canary Islands. The phenomenon of numerous relocations of firms established in the Canary Islands is also the result of the globalisation of the economy and concentration of production and the emergence and development of new markets outside Europe. The decline in local production led to 67 % job losses between 1985 and 2000. The series of relocations and closures has involved the production plants of multinationals which are among the world’s leading manufacturers.(19) This phenomenon of declining local production is in contrast, furthermore, with a local market on which sales increased steadily over the same period. The increased sales of tobacco are attributed by producers partly to the buoyant market created by tourists. The retail price of tobacco products in the Canary Islands is still very attractive. A comparison shows price differences of about half compared with the selling prices of tobacco in the rest of Spain. Increased taxes on tobacco since 1995, in particular the IGIC, have not slowed down sales of tobacco products, which rose steadily over the corresponding period. A large volume of supply has been maintained on this growing market, despite the drop in local production, solely as a result of the increase in imports from 5 % to 32 % between 1992 and 2000.(20) Account being taken of all these factors, there are grounds for a substantial exemption for tobacco. Exemption from taxation is in direct relation with the objective of maintaining production in the Canary Islands.(21) It is nevertheless necessary to bear in mind the coherence of the internal market, as required by Article 299(2) of the Treaty. Trade is important in this sector. Imports of tobacco products into the Canary Islands have increased in recent years but the proportion of exports of tobacco from the Canary Islands is also large. At present some 76 % of the Canary Islands’ cigarette production is exported and only 24 % goes to the Canary Islands’ market. Comparison of the figures reveals that the volume of exports from the Canary Islands has been increasing since 1995, but the volume of imports has increased even more. This means that, in a growing market, local production does not cover all requirements. These findings underpin the argument that substantial exemption from the AIEM is needed as a sufficient incentive to maintain or restore local production given the importance of trade in this sector.(22) Account being taken of these factors, and the fact that local producers enjoy a benefit in relation to other producers, comprising the opportunity to import up to 20000 tonnes a year of raw and semi-manufactured tobacco, the initial proposal drawn up by the Spanish authorities, who suggested a rate of 45 %, seems excessive. For that reason a much higher exemption option than for all the other products but not exceeding 25 % is proposed. In addition, given the importance of an adequate exemption incentive for local production, it is suggested that the Spanish authorities be authorised to fix a specific minimum tax of EUR 6 per 1000 cigarettes, corresponding to an AIEM level of 25 % for the cheapest cigarette category in 2001. This measure is not an additional safeguard. It is rather an alternative to a maximum exemption of 25 % that will ensure that the latter continues to have a satisfactory impact.(23) The objectives of promoting the socio-economic development of the Canary Islands are reflected at national level in the purpose of the tax and the allocation of the revenue it generates. The incorporation of the revenue from this tax in the resources of the Canary Islands’ economic and tax system and its use for an economic and social development strategy involving the promotion of local activities is a legal obligation.(24) The arrangements are to apply for 10 years. It will nevertheless be necessary to evaluate the proposed system after five years. The Spanish authorities must therefore present to the Commission by 31 December 2005 at the latest a report on the application of the arrangements referred to in
1. By way of derogation from Articles 23, 25 and 90 of the Treaty, the Spanish authorities shall be authorised until 31 December 2011 to lay down, in respect of products listed in the Annex that are produced locally in the Canary Islands, total exemptions from or partial reductions of the tax known as “Arbitrio sobre las Importaciones y Entregas de MercancĂ­as en las islas Canarias (AIEM)”. These exemptions must form part of the strategy for economic and social development of the Canary Islands and contribute to the promotion of local activities.
2. Application of the total exemptions or reductions referred to in paragraph 1 may not lead to differences in excess of:
(a) 5 % for the products listed in the Annex, Section A;
(b) 15 % for the products listed in the Annex, Section B;
(c) 25 % for the products listed in the Annex, section C. Nevertheless, the Spanish authorities may establish a minimum tax on cigarettes of not more than EUR 6 per 1000 cigarettes, applicable only if the AIEM tax resulting from the application of general types of taxation is below this figure.
The Spanish authorities shall present to the Commission at the latest by 31 December 2005 a report on the application of the arrangements referred to in Article 1, in order to check the impact of the measures taken and their contribution to the promotion or maintenance of local economic activities, account being taken of handicaps affecting the outermost regions.
On this basis, the Commission shall present a report to the Council comprising a full analysis of the economic and social aspects and where appropriate a proposal for adapting the provisions of this Decision.
This Decision shall be applicable from 1 January 2002.
This Decision is addressed to the Kingdom of Spain.
Done at Madrid, 20 June 2002.
For the Council
The President
R. De Rato Y Figaredo
(1) OJ C 75 E, 26.3.2002, p. 328.
(2) Opinion delivered on 13 June 2002 (not yet published in the Official Journal).
(3) OJ L 171, 29.6.1991. Regulation as last amended by Regulation (EC) No 1105/2001 (OJ L 151, 7.6.2001, p. 1).
(4) OJ L 326, 18.12.1999, p. 3.
A. List of products referred to in Article 1(2)(a) according to the classification of the Common Customs Tariff nomenclature:
Agricultural and fishery products
0203 11 / 0203 12 / 0203 19 / 0207 11 / 0207 13 / 0302 69 94 00 / 0302 69 95 00 / 0701 90 / 0702 / 0703 / 0803
Building materials:
3816 / 3824 40 00 00 / 3824 90 45 00 / 3824 90 70 00 / 6809
2804 30 00 / 2804 40 00 / 2851 00 30 / 3208 / 3209 / 3210 / 3212 90 90 00 / 3213 / 3214 / 3401 / 3402 / 3406 / 3814 00 90 90 / 3920 30 00 90 / 3921 90 60 / 3923 90 90 / 4012 11 00 / 4012 12 00 / 4012 13 / 4012 19 00
Metal-working industries:
7604 / 7608 / 8428 39 98 00 / 8479 50 00 00
Food industry:
0210 11 11 00 / 0210 11 31 00 / 0210 12 19 00 / 0210 19 40 00 / 0210 19 81 00 / 0305 41 00 / 0901 22 00 00 / 1101 / 1901 20 00 90 / 1901 90 91 96 / 2006 00 31 00 / 1601 / 1602 / 1704 90 30 00 / 1704 90 51 90 / 1704 90 55 00 / 1704 90 71 / 1704 90 75 00 / 1806 / 1901 90 99 / 1904 10 10 / 1905 / 2007 91 10 / 2008 99 61 / 2008 99 68 / 2009 11 / 2009 19 / 2009 41 / 2009 49 / 2009 50 / 2009 71 / 2009 79 / 2009 80 / 2009 90 / 2105 / 2309
2201 / 2202 / 2204
Textiles and leather:
6112 31 / 6112 41
4822 90 / 4823 90 90 90
Graphic arts and publishing:
B. List of products referred to in Article 1(2)(b) according to the classification of the Common Customs Tariff nomenclature
Agricultural and fishery products:
Building materials:
2523 29 00 00 / 2523 90 / 7010
3809 91 00 / 3917 / 3923 10 00 / 3923 21 00 / 3923 30 10 / 3924 10 00
Metal-working industries:
7309 00 / 7325 / 7610 / 9403 20 99 00 / 9404
Food industry:
0403 / 0901 21 / 1902 / 2103 / 2106 90 98
2203 / 2208 40
Textiles and leather:
4808 / 4818 10 / 4818 20 / 4818 30 / 4818 90 90 10 / 4819 / 4821 / 4823 90 14
Graphic arts and publishing:
4909 / 4911
C. List of products referred to in Article 1(2)(c) according to the classification of the Common Customs Tariff nomenclature

Pending: 32002D0463

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 66 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee,Having regard to the opinion of the Committee of the Regions,Whereas:(1) Administrative cooperation between the Member States in the areas covered by Articles 62 and 63 of the Treaty is part of the Community’s objective of progressively establishing an area of freedom, security and justice.(2) Joint Action 98/244/JHA of 19 March 1998 adopted by the Council on the basis of Article K.3 of the Treaty on the European Union, introducing a programme of training, exchanges and cooperation in the field of asylum, immigration and crossing of external borders (Odysseus programme)(3) has come to an end now that the budget allocation has been exhausted in 2001.(3) Responsibility for controls at the EU’s external borders will become all the more important now that a significant enlargement of the Union is scheduled to take place during the period in which the administrative cooperation in the fields of external borders, visas, asylum and immigration (ARGO) will be operational. Accordingly, ARGO should be seen simply as a modest forerunner of more extensive activities in this field.(4) In accordance with the conclusions of the European Council in Tampere on 15 and 16 October 1999, the Commission has defined in its communication to the Council and the European Parliament on the biannual update of the scoreboard to review progress on the creation of an area of freedom, security and justice in the European Union (first half of 2001) an ambitious legislative programme that should lead to a new body of Community rules in the area of justice and home affairs that will have to be implemented by the Member States.(5) Uniformity between the practices of the Member States when applying Community law can be obtained by strengthening cooperation and collaboration among their national agencies, and between them and the Commission.(6) Individual action by each administration is incapable of achieving such results. A Community framework is therefore necessary for improving mutual understanding between the competent national agencies and the way they implement the relevant Community legislation, and for defining the priority areas of administrative cooperation required.(7) A high level of training of equivalent quality throughout the Community is needed to guarantee the success of this action programme, taking advantage of the experience gained with the Odysseus programme.(8) The implementation of a Community action programme constitutes one of the most effective ways of achieving these objectives and will provide a basis to the Commission for assessing whether establishing a common training institution would be a suitable way of improving the training in Community law given to the staff of the Member States.(9) 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(4).(10) Action under this programme is to be complementary to and coordinated with other cooperation and training activities financed by the Community budget.(11) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not participating in the adoption of this Decision, and is therefore not bound by it or subject to its application.(12) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on the European Union and to the Treaty establishing the European Community, the United Kingdom gave notice, by letter of 29 January 2002, of its wish to take part in the adoption and application of this Decision.(13) In accordance with

Article 1
Subject-matter and duration
This Decision establishes a Community action programme to be called the “ARGO programme” to support and complement the actions undertaken by the Community and the Member States in the implementation of Community legislation founded on Articles 62, 63 and 66 of the Treaty.
The ARGO programme shall cover the period from 1 January 2002 to 31 December 2006.

Article 2
For the purposes of this Decision “national agencies” means the administrative and judicial authorities of the Member States or other bodies delegated by those authorities to implement Community legislation founded on Articles 62 and 63 of the Treaty and on Article 66 of the Treaty in so far as it concerns cooperation between national agencies in the areas covered by the said Articles 62 and 63.

Article 3
General objectives
The ARGO programme shall contribute to the following objectives:
(a) to promote cooperation between national agencies in implementing Community rules with special attention to the pooling of resources and coordinated and homogeneous practices;
(b) to promote uniform application of Community law in order to harmonise decisions taken by the national agencies of Member States, thereby avoiding malfunctioning likely to prejudice the progressive establishment of an area of freedom, security and justice;
(c) to improve the overall efficiency of national agencies in the carrying out of their tasks when implementing Community rules;
(d) to ensure that proper account is taken of the Community dimension in the organisation of national agencies contributing to the implementation of Community rules;
(e) to encourage transparency of actions taken by national agencies by strengthening their relations with the relevant national and international governmental and non-governmental organisations.

Article 4
Activities in the area of external borders
In order to achieve the objectives set out in Article 3, the ARGO programme shall support the activities of the Member States in the area of external borders intended:
(a) to ensure that Member States carry out border controls in compliance with the common principles and implementing rules laid down by Community legislation;
(b) to provide an equivalent level of effective protection and surveillance at external borders;
(c) to reinforce the effectiveness of controls at border crossing points and surveillance between crossing points.

Article 5
Activities in the area of visas
In order to achieve the objectives set out in Article 3, the ARGO programme shall support the activities of the Member States in the area of visas intended:
(a) to ensure that Member States issue visas in compliance with the common principles and implementing rules laid down by Community legislation;
(b) to promote an equivalent level of control and security when issuing visas;
(c) to promote harmonisation in the examination of visa applications and in particular supporting documents regarding purpose of journey, means of subsistence and accommodation;
(d) to promote harmonisation of exceptions applied by Member States to certain categories of applicants for visas to facilitate controls at the external borders and freedom of movement between Member States;
(e) generally to enhance consular cooperation between Member States.

Article 6
Activities in the area of asylum
In order to achieve the objectives set out in Article 3, the ARGO programme shall support the activities of the Member States in the area of asylum intended:
(a) to promote the establishment and operation of the common European asylum system by supporting measures and standards leading to a common asylum procedure and a uniform status for those granted asylum valid throughout the Community;
(b) to facilitate the determination of the State responsible for examining an asylum application;
(c) to support the approximation of rules on the recognition and content of refugee status, complemented with measures on subsidiary forms of protection offering an appropriate status to any person in need of such protection;
(d) to reinforce the efficiency and fairness of asylum procedure and to increase convergence in decisions dealing with asylum applications;
(e) to develop resettlement and entry facilities, and legal means for admission into Member States on humanitarian grounds.

Article 7
Activities in the area of immigration
In order to achieve the objectives set out in Article 3, the ARGO programme shall support the activities of the Member States in the area of immigration intended:
(a) to ensure that Member States issue residence and work permits in compliance with the common principles and implementing rules laid down by Community legislation;
(b) to promote the knowledge of the rules of residence and work permits for third-country nationals;
(c) to encourage verification of the effects and the perception of Community immigration policy in migrants’ countries of origin;
(d) to ensure effective, efficient and homogeneous application of the relevant common rules and policies in relation to irregular migratory flows and illegal immigration while safeguarding a sufficient level of access to international protection;
(e) to enhance cooperation in the field of the return of nationals of third countries and stateless persons without residence permits and refused asylum applicants, including transit through other Member States and third countries;
(f) to strengthen the fight against illegal immigration networks and prevention of illegal flows of immigrants.

Article 8
Types of actions
With a view to pursuing the objectives set out in Article 3 and the activities laid down in Articles 4, 5, 6 or 7, the ARGO programme may support the following types of actions:
(a) training actions including, in particular, the elaboration of harmonised curricula and common core-training programmes to be organised by national agencies and complementary actions aimed at making national agencies receptive to the best working methods and techniques developed in other Member States;
(b) staff exchange ensuring that seconded staff participate effectively in the work of the host national agencies;
(c) actions promoting, on the one hand, the use of computerised handling of files and procedures, including use of the most up-to-date techniques for electronic data exchange and, on the other hand, the collection, analysis, distribution and exploitation of information making the fullest use of information technology, in particular, the establishment of information points and websites;
(d) evaluation of the impact of common rules and procedures based on Articles 62 and 63 of the Treaty;
(e) actions intended to promote the development of best practices with a view to improving working methods and equipment, simplifying procedures and shortening deadlines;
(f) operational activities which might include the setting up of common operative centres and of teams composed of staff drawn from two or more Member States;
(g) studies, research, conferences and seminars involving staff of the Member States and the Commission and, where appropriate, staff of the relevant national and international governmental and non-governmental organisations;
(h) mechanisms for consulting and associating the relevant national and international governmental and non-governmental organisations;
(i) Member States’ activities in third countries, in particular fact-finding missions in countries of origin and transit;
(j) the fight against document fraud.

Article 9
Specific actions
Other modalities of cooperation between national agencies in the policy areas covered by Articles 62 and 63 of the Treaty, in particular urgent joint operations and actions with a limited scope and duration arising from situations which require an immediate reaction, may be included in the framework of the ARGO programme. The annual work programme referred to in Article 12 shall set out a framework for the financing of these specific actions including objectives and evaluation criteria.

Article 10
Eligibility
1. To be eligible for co-financing under the ARGO programme, actions referred to in Article 8 and proposed by a national agency of one Member State must:
(a) involve:
– at least two other Member States, or
– another Member State and a candidate country, where the aim is to prepare for its accession, or
– another Member State and a third country, where this would be beneficial for the purpose of the action proposed;
(b) pursue one of the general objectives referred to in Article 3;
(c) implement one of the activities in the respective policy area referred to in Articles 4, 5, 6 or 7.
2. Actions referred to in Article 8 may associate participants of the national agencies of any Member State not bound by this decision.
3. Actions proposed by the Commission will promote and facilitate administrative cooperation pursuing the general objectives referred to in Article 3 and support activities in the respective policy areas referred to in Articles 4, 5, 6 or 7.

Article 11
1. The financial reference amount for implementing the ARGO programme shall be EUR 25 million.
2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
3. Actions referred to in Article 10(1) on the one hand and actions referred to in Article 10(3) on the other shall receive an equitable share of the annual amount.
4. The co-financing of an action referred to in Article 10(1) by the ARGO programme shall be exclusive of any other financing by another programme financed by the budget of the European Communities.
5. Financing decisions concerning actions referred to in Article 10(1) shall be subject to grant agreements between the Commission and the national agencies proposing the actions. The financing decisions and contracts arising therefrom shall be subject to financial control by the Commission and to audits by the Court of Auditors.
6. The proportion of financial support from the budget of the European Communities for actions referred to in Article 10(1) shall generally not exceed 60 % of the cost of the action. However, in exceptional circumstances this proportion may be raised up to 80 %.

Article 12
Implementation
1. The Commission shall be responsible for the management and implementation of the ARGO programme, in partnership with the Member States.
2. The Commission shall manage the ARGO programme in accordance with the Financial Regulation.
3. To implement the ARGO programme, the Commission shall, within the scope of the general objectives set out in Article 3:
(a) prepare an annual work programme comprising specific objectives, thematic priorities, a description of the actions referred to in Article 10(3) which the Commission intends to undertake and, if necessary, a list of other actions;
(b) evaluate and select the actions proposed by national agencies.
4. The annual work programme and the specific actions provided for in Article 9 as well as actions proposed by the Commission shall be adopted according to the procedure referred to in Article 13(2). The list of selected actions shall be adopted according to the procedure referred to in Article 13(3).
5. The Commission shall evaluate and select actions proposed by the national agencies on the basis of the following criteria:
(a) conformity with the annual work programme, the general objectives set out in Article 3 and the activities in the respective policy area set out in Articles 4, 5, 6 or 7;
(b) the European dimension of the proposed action and/or scope for participation by the candidate countries;
(c) compatibility with the work undertaken or planned within the framework of the Community’s political priorities in the areas covered by Articles 62 and 63;
(d) complementarity to other past, present or future administrative cooperation actions;
(e) the ability of national agencies to implement the proposed action;
(f) the inherent quality of the proposed action in terms of its conception, organisation, presentation and expected results;
(g) amount of the support requested under the ARGO programme and proportionality with the expected results;
(h) impact of the expected results on the general objectives set out in Article 3 and on the activities in the respective policy area set out in Articles 4, 5, 6 or 7.

Article 13
1. The Commission shall be assisted by a Committee, hereinafter referred to as “the ARGO Committee”.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.
4. The ARGO Committee shall adopt its rules of procedure.
5. The Commission may invite representatives from the candidate countries to information meetings after the ARGO Committee’s meetings.

Article 14
Monitoring and evaluation
1. The Commission and the Member States shall monitor and evaluate the implementation of the ARGO programme on a continuous basis.
2. Each year the Commission shall submit a report to the European Parliament and the Council on the implementation of the ARGO programme.
The report shall analyse all the progress achieved and shall be accompanied where necessary by any proposals for ensuring homogeneous application in the Member States of Community legislation based on Articles 62 and 63 of the Treaty. The Commission shall submit the first report by 31 December 2003 at the latest and the final report by 31 December 2007 at the latest.

Article 15
Applicability
This Decision shall apply from the date of its publication in the Official Journal of the European Communities.

Article 16
This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.
Done at Luxembourg, 13 June 2002.
For the Council
The President
M. Rajoy Brey
(1) OJ C 25 E, 29.1.2002, p. 526.
(2) Opinion delivered on 9 April 2002 (not yet published in the Official Journal).
(3) OJ L 99, 31.3.1998, p. 2.
(4) OJ L 184, 17.7.1999, p. 23.
(5) OJ C 172, 18.6.1999, p. 1.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 66 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee,Having regard to the opinion of the Committee of the Regions,Whereas:(1) Administrative cooperation between the Member States in the areas covered by Articles 62 and 63 of the Treaty is part of the Community’s objective of progressively establishing an area of freedom, security and justice.(2) Joint Action 98/244/JHA of 19 March 1998 adopted by the Council on the basis of Article K.3 of the Treaty on the European Union, introducing a programme of training, exchanges and cooperation in the field of asylum, immigration and crossing of external borders (Odysseus programme)(3) has come to an end now that the budget allocation has been exhausted in 2001.(3) Responsibility for controls at the EU’s external borders will become all the more important now that a significant enlargement of the Union is scheduled to take place during the period in which the administrative cooperation in the fields of external borders, visas, asylum and immigration (ARGO) will be operational. Accordingly, ARGO should be seen simply as a modest forerunner of more extensive activities in this field.(4) In accordance with the conclusions of the European Council in Tampere on 15 and 16 October 1999, the Commission has defined in its communication to the Council and the European Parliament on the biannual update of the scoreboard to review progress on the creation of an area of freedom, security and justice in the European Union (first half of 2001) an ambitious legislative programme that should lead to a new body of Community rules in the area of justice and home affairs that will have to be implemented by the Member States.(5) Uniformity between the practices of the Member States when applying Community law can be obtained by strengthening cooperation and collaboration among their national agencies, and between them and the Commission.(6) Individual action by each administration is incapable of achieving such results. A Community framework is therefore necessary for improving mutual understanding between the competent national agencies and the way they implement the relevant Community legislation, and for defining the priority areas of administrative cooperation required.(7) A high level of training of equivalent quality throughout the Community is needed to guarantee the success of this action programme, taking advantage of the experience gained with the Odysseus programme.(8) The implementation of a Community action programme constitutes one of the most effective ways of achieving these objectives and will provide a basis to the Commission for assessing whether establishing a common training institution would be a suitable way of improving the training in Community law given to the staff of the Member States.(9) 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(4).(10) Action under this programme is to be complementary to and coordinated with other cooperation and training activities financed by the Community budget.(11) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not participating in the adoption of this Decision, and is therefore not bound by it or subject to its application.(12) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on the European Union and to the Treaty establishing the European Community, the United Kingdom gave notice, by letter of 29 January 2002, of its wish to take part in the adoption and application of this Decision.(13) In accordance with
Subject-matter and duration
This Decision establishes a Community action programme to be called the “ARGO programme” to support and complement the actions undertaken by the Community and the Member States in the implementation of Community legislation founded on Articles 62, 63 and 66 of the Treaty.
The ARGO programme shall cover the period from 1 January 2002 to 31 December 2006.
For the purposes of this Decision “national agencies” means the administrative and judicial authorities of the Member States or other bodies delegated by those authorities to implement Community legislation founded on Articles 62 and 63 of the Treaty and on Article 66 of the Treaty in so far as it concerns cooperation between national agencies in the areas covered by the said Articles 62 and 63.
General objectives
The ARGO programme shall contribute to the following objectives:
(a) to promote cooperation between national agencies in implementing Community rules with special attention to the pooling of resources and coordinated and homogeneous practices;
(b) to promote uniform application of Community law in order to harmonise decisions taken by the national agencies of Member States, thereby avoiding malfunctioning likely to prejudice the progressive establishment of an area of freedom, security and justice;
(c) to improve the overall efficiency of national agencies in the carrying out of their tasks when implementing Community rules;
(d) to ensure that proper account is taken of the Community dimension in the organisation of national agencies contributing to the implementation of Community rules;
(e) to encourage transparency of actions taken by national agencies by strengthening their relations with the relevant national and international governmental and non-governmental organisations.
Activities in the area of external borders
In order to achieve the objectives set out in Article 3, the ARGO programme shall support the activities of the Member States in the area of external borders intended:
(a) to ensure that Member States carry out border controls in compliance with the common principles and implementing rules laid down by Community legislation;
(b) to provide an equivalent level of effective protection and surveillance at external borders;
(c) to reinforce the effectiveness of controls at border crossing points and surveillance between crossing points.
Activities in the area of visas
In order to achieve the objectives set out in Article 3, the ARGO programme shall support the activities of the Member States in the area of visas intended:
(a) to ensure that Member States issue visas in compliance with the common principles and implementing rules laid down by Community legislation;
(b) to promote an equivalent level of control and security when issuing visas;
(c) to promote harmonisation in the examination of visa applications and in particular supporting documents regarding purpose of journey, means of subsistence and accommodation;
(d) to promote harmonisation of exceptions applied by Member States to certain categories of applicants for visas to facilitate controls at the external borders and freedom of movement between Member States;
(e) generally to enhance consular cooperation between Member States.
Activities in the area of asylum
In order to achieve the objectives set out in Article 3, the ARGO programme shall support the activities of the Member States in the area of asylum intended:
(a) to promote the establishment and operation of the common European asylum system by supporting measures and standards leading to a common asylum procedure and a uniform status for those granted asylum valid throughout the Community;
(b) to facilitate the determination of the State responsible for examining an asylum application;
(c) to support the approximation of rules on the recognition and content of refugee status, complemented with measures on subsidiary forms of protection offering an appropriate status to any person in need of such protection;
(d) to reinforce the efficiency and fairness of asylum procedure and to increase convergence in decisions dealing with asylum applications;
(e) to develop resettlement and entry facilities, and legal means for admission into Member States on humanitarian grounds.
Activities in the area of immigration
In order to achieve the objectives set out in Article 3, the ARGO programme shall support the activities of the Member States in the area of immigration intended:
(a) to ensure that Member States issue residence and work permits in compliance with the common principles and implementing rules laid down by Community legislation;
(b) to promote the knowledge of the rules of residence and work permits for third-country nationals;
(c) to encourage verification of the effects and the perception of Community immigration policy in migrants’ countries of origin;
(d) to ensure effective, efficient and homogeneous application of the relevant common rules and policies in relation to irregular migratory flows and illegal immigration while safeguarding a sufficient level of access to international protection;
(e) to enhance cooperation in the field of the return of nationals of third countries and stateless persons without residence permits and refused asylum applicants, including transit through other Member States and third countries;
(f) to strengthen the fight against illegal immigration networks and prevention of illegal flows of immigrants.
Types of actions
With a view to pursuing the objectives set out in Article 3 and the activities laid down in Articles 4, 5, 6 or 7, the ARGO programme may support the following types of actions:
(a) training actions including, in particular, the elaboration of harmonised curricula and common core-training programmes to be organised by national agencies and complementary actions aimed at making national agencies receptive to the best working methods and techniques developed in other Member States;
(b) staff exchange ensuring that seconded staff participate effectively in the work of the host national agencies;
(c) actions promoting, on the one hand, the use of computerised handling of files and procedures, including use of the most up-to-date techniques for electronic data exchange and, on the other hand, the collection, analysis, distribution and exploitation of information making the fullest use of information technology, in particular, the establishment of information points and websites;
(d) evaluation of the impact of common rules and procedures based on Articles 62 and 63 of the Treaty;
(e) actions intended to promote the development of best practices with a view to improving working methods and equipment, simplifying procedures and shortening deadlines;
(f) operational activities which might include the setting up of common operative centres and of teams composed of staff drawn from two or more Member States;
(g) studies, research, conferences and seminars involving staff of the Member States and the Commission and, where appropriate, staff of the relevant national and international governmental and non-governmental organisations;
(h) mechanisms for consulting and associating the relevant national and international governmental and non-governmental organisations;
(i) Member States’ activities in third countries, in particular fact-finding missions in countries of origin and transit;
(j) the fight against document fraud.
Specific actions
Other modalities of cooperation between national agencies in the policy areas covered by Articles 62 and 63 of the Treaty, in particular urgent joint operations and actions with a limited scope and duration arising from situations which require an immediate reaction, may be included in the framework of the ARGO programme. The annual work programme referred to in Article 12 shall set out a framework for the financing of these specific actions including objectives and evaluation criteria.
Eligibility
1. To be eligible for co-financing under the ARGO programme, actions referred to in Article 8 and proposed by a national agency of one Member State must:
(a) involve:
– at least two other Member States, or
– another Member State and a candidate country, where the aim is to prepare for its accession, or
– another Member State and a third country, where this would be beneficial for the purpose of the action proposed;
(b) pursue one of the general objectives referred to in Article 3;
(c) implement one of the activities in the respective policy area referred to in Articles 4, 5, 6 or 7.
2. Actions referred to in Article 8 may associate participants of the national agencies of any Member State not bound by this decision.
3. Actions proposed by the Commission will promote and facilitate administrative cooperation pursuing the general objectives referred to in Article 3 and support activities in the respective policy areas referred to in Articles 4, 5, 6 or 7.
1. The financial reference amount for implementing the ARGO programme shall be EUR 25 million.
2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
3. Actions referred to in Article 10(1) on the one hand and actions referred to in Article 10(3) on the other shall receive an equitable share of the annual amount.
4. The co-financing of an action referred to in Article 10(1) by the ARGO programme shall be exclusive of any other financing by another programme financed by the budget of the European Communities.
5. Financing decisions concerning actions referred to in Article 10(1) shall be subject to grant agreements between the Commission and the national agencies proposing the actions. The financing decisions and contracts arising therefrom shall be subject to financial control by the Commission and to audits by the Court of Auditors.
6. The proportion of financial support from the budget of the European Communities for actions referred to in Article 10(1) shall generally not exceed 60 % of the cost of the action. However, in exceptional circumstances this proportion may be raised up to 80 %.
Implementation
1. The Commission shall be responsible for the management and implementation of the ARGO programme, in partnership with the Member States.
2. The Commission shall manage the ARGO programme in accordance with the Financial Regulation.
3. To implement the ARGO programme, the Commission shall, within the scope of the general objectives set out in Article 3:
(a) prepare an annual work programme comprising specific objectives, thematic priorities, a description of the actions referred to in Article 10(3) which the Commission intends to undertake and, if necessary, a list of other actions;
(b) evaluate and select the actions proposed by national agencies.
4. The annual work programme and the specific actions provided for in Article 9 as well as actions proposed by the Commission shall be adopted according to the procedure referred to in Article 13(2). The list of selected actions shall be adopted according to the procedure referred to in Article 13(3).
5. The Commission shall evaluate and select actions proposed by the national agencies on the basis of the following criteria:
(a) conformity with the annual work programme, the general objectives set out in Article 3 and the activities in the respective policy area set out in Articles 4, 5, 6 or 7;
(b) the European dimension of the proposed action and/or scope for participation by the candidate countries;
(c) compatibility with the work undertaken or planned within the framework of the Community’s political priorities in the areas covered by Articles 62 and 63;
(d) complementarity to other past, present or future administrative cooperation actions;
(e) the ability of national agencies to implement the proposed action;
(f) the inherent quality of the proposed action in terms of its conception, organisation, presentation and expected results;
(g) amount of the support requested under the ARGO programme and proportionality with the expected results;
(h) impact of the expected results on the general objectives set out in Article 3 and on the activities in the respective policy area set out in Articles 4, 5, 6 or 7.
1. The Commission shall be assisted by a Committee, hereinafter referred to as “the ARGO Committee”.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.
4. The ARGO Committee shall adopt its rules of procedure.
5. The Commission may invite representatives from the candidate countries to information meetings after the ARGO Committee’s meetings.
Monitoring and evaluation
1. The Commission and the Member States shall monitor and evaluate the implementation of the ARGO programme on a continuous basis.
2. Each year the Commission shall submit a report to the European Parliament and the Council on the implementation of the ARGO programme.
The report shall analyse all the progress achieved and shall be accompanied where necessary by any proposals for ensuring homogeneous application in the Member States of Community legislation based on Articles 62 and 63 of the Treaty. The Commission shall submit the first report by 31 December 2003 at the latest and the final report by 31 December 2007 at the latest.
Applicability
This Decision shall apply from the date of its publication in the Official Journal of the European Communities.
This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.
Done at Luxembourg, 13 June 2002.
For the Council
The President
M. Rajoy Brey
(1) OJ C 25 E, 29.1.2002, p. 526.
(2) Opinion delivered on 9 April 2002 (not yet published in the Official Journal).
(3) OJ L 99, 31.3.1998, p. 2.
(4) OJ L 184, 17.7.1999, p. 23.
(5) OJ C 172, 18.6.1999, p. 1.

Pending: 32002D0441

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), and in particular Article 22(6) thereof,Whereas:(1) Under Directive 97/78/EC the necessary measures must be adopted as regards the import of certain products from third countries where any cause likely to constitute a serious risk to animal or human health appears or is spreading.(2) Following the detection of chloramphenicol in certain aquaculture and fishery products imported from China, the Commission adopted Decision 2001/699/EC of 19 September 2001, concerning certain protective measures with regard to certain fishery and aquaculture products intended for human consumption and originating in China and Vietnam(2).(3) Furthermore, following the serious shortcomings identified during a Community inspection visit to China, the Commission adopted Decision 2002/69/EC of 30 January 2002, concerning certain protective measures with regard to the products of animal origin imported from China(3). This Decision provides that it shall be reviewed on the basis of the information provided by Chinese competent authorities, any results from the increased monitoring and testing carried out by Member States on consignments arriving before 14 March 2002 and, if necessary, on the results of an on-the-spot inspection visit by Community experts.(4) Following the information provided by the Chinese authorities and the favourable results of the tests carried out on certain crustaceans caught in the Atlantic Ocean, in certain fishery products of some fish species and in gelatin, imports of these products from China should be authorised. However, since the presence of chloramphenicol has been detected in fishery products of the species Alaska pollack, cod and redfish, it is necessary to ensure their safety, and to foresee a transitional period until 30 September 2002, during which the imports of these products shall be subjected to intensified monitoring and testing of a 20 % of the consignments arriving to the Community border inspection post.(5) Since the presence of chloramphenicol has also been detected in casings imported from China, it is necessary to subject the imports of this product to the same intensified monitoring and testing provided for the fishery products of the species Alaska pollack, cod and redfish.(6) Regulation (EC) No 178/2002 of the European Parliament and of the Council(4) sets up the Rapid Alert System for food and feed, and recourse to it is appropriate for implementing the mutual information requirement laid down in Directive 97/78/EC.(7) This Decision should be reviewed in the light of information and guarantees provided by the competent authorities of China and on the basis of the results of the tests carried out by Member States.(8) Decision 2002/69/EC should, therefore, be amended accordingly.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

Article 1
Decision 2002/69/EC is amended as follows:
1. In Article 2 paragraph 2 is replaced by the following: “2. By derogation from paragraph 1, Member States shall authorise the imports of products listed in Annex I and II of the present Decision in accordance with the following provisions, in addition to the provisions of Directive 97/78/EC. In the case of products listed in Annex II, imports shall be authorized only if the results of the test referred to in Article 3 are favourable.”
2. Article 3 is replaced by the following: “Article 3
1. Until 30 September 2002 Member States shall, using appropriate sampling plans and detection methods, subject 20 % of all consignments of products imported from China and listed in the Annex II to the present Decision, to a chemical test in order to ensure that the products concerned do not present a hazard to human health. This test must be carried out, in particular, with a view to detecting the presence of residues of veterinary drugs, pesticides, contaminants and prohibited substances.
2. Member States shall immediately inform the Commission of the results of the test referred to in paragraph 1, by means of the Rapid Alert System for food and feed, set up by Regulation (EC) No 178/2002.”
3. Article 6 is replaced by the following: “Article 6
This Decision shall be reviewed on the basis of the information and guarantees provided by the Chinese competent authorities, the results of the tests referred to in Article 3 and, if necessary, the results of an on the spot inspection visit by Community experts.”
4. The text in the Annex to this Decision is added as Annexes I and II.

Article 2
This Decision shall apply from 14 June 2002.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 10 June 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 251, 20.9.2001, p. 11.
(3) OJ L 30, 31.1.2002, p. 50.
(4) OJ L 31, 1.2.2002, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), and in particular Article 22(6) thereof,Whereas:(1) Under Directive 97/78/EC the necessary measures must be adopted as regards the import of certain products from third countries where any cause likely to constitute a serious risk to animal or human health appears or is spreading.(2) Following the detection of chloramphenicol in certain aquaculture and fishery products imported from China, the Commission adopted Decision 2001/699/EC of 19 September 2001, concerning certain protective measures with regard to certain fishery and aquaculture products intended for human consumption and originating in China and Vietnam(2).(3) Furthermore, following the serious shortcomings identified during a Community inspection visit to China, the Commission adopted Decision 2002/69/EC of 30 January 2002, concerning certain protective measures with regard to the products of animal origin imported from China(3). This Decision provides that it shall be reviewed on the basis of the information provided by Chinese competent authorities, any results from the increased monitoring and testing carried out by Member States on consignments arriving before 14 March 2002 and, if necessary, on the results of an on-the-spot inspection visit by Community experts.(4) Following the information provided by the Chinese authorities and the favourable results of the tests carried out on certain crustaceans caught in the Atlantic Ocean, in certain fishery products of some fish species and in gelatin, imports of these products from China should be authorised. However, since the presence of chloramphenicol has been detected in fishery products of the species Alaska pollack, cod and redfish, it is necessary to ensure their safety, and to foresee a transitional period until 30 September 2002, during which the imports of these products shall be subjected to intensified monitoring and testing of a 20 % of the consignments arriving to the Community border inspection post.(5) Since the presence of chloramphenicol has also been detected in casings imported from China, it is necessary to subject the imports of this product to the same intensified monitoring and testing provided for the fishery products of the species Alaska pollack, cod and redfish.(6) Regulation (EC) No 178/2002 of the European Parliament and of the Council(4) sets up the Rapid Alert System for food and feed, and recourse to it is appropriate for implementing the mutual information requirement laid down in Directive 97/78/EC.(7) This Decision should be reviewed in the light of information and guarantees provided by the competent authorities of China and on the basis of the results of the tests carried out by Member States.(8) Decision 2002/69/EC should, therefore, be amended accordingly.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Decision 2002/69/EC is amended as follows:
1. In Article 2 paragraph 2 is replaced by the following: “2. By derogation from paragraph 1, Member States shall authorise the imports of products listed in Annex I and II of the present Decision in accordance with the following provisions, in addition to the provisions of Directive 97/78/EC. In the case of products listed in Annex II, imports shall be authorized only if the results of the test referred to in Article 3 are favourable.”
2. Article 3 is replaced by the following: “Article 3
1. Until 30 September 2002 Member States shall, using appropriate sampling plans and detection methods, subject 20 % of all consignments of products imported from China and listed in the Annex II to the present Decision, to a chemical test in order to ensure that the products concerned do not present a hazard to human health. This test must be carried out, in particular, with a view to detecting the presence of residues of veterinary drugs, pesticides, contaminants and prohibited substances.
2. Member States shall immediately inform the Commission of the results of the test referred to in paragraph 1, by means of the Rapid Alert System for food and feed, set up by Regulation (EC) No 178/2002.”
3. Article 6 is replaced by the following: “Article 6
This Decision shall be reviewed on the basis of the information and guarantees provided by the Chinese competent authorities, the results of the tests referred to in Article 3 and, if necessary, the results of an on the spot inspection visit by Community experts.”
4. The text in the Annex to this Decision is added as Annexes I and II.
This Decision shall apply from 14 June 2002.
This Decision is addressed to the Member States.
Done at Brussels, 10 June 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 251, 20.9.2001, p. 11.
(3) OJ L 30, 31.1.2002, p. 50.
(4) OJ L 31, 1.2.2002, p. 1.
List of products of animal origin intended for human consumption or animal feed use authorised to be imported into the Community
– Fishery products, which are caught, frozen and packaged in their final packaging at sea and landed directly on Community territory, excluding all crustaceans except those caught in the Atlantic Ocean referred to below, and excluding: entire fish, fish deheaded and gutted and fish fillets from species listed in Annex II which require testing
– Entire crustaceans caught in the Atlantic Ocean, which have not undergone any preparation or processing operation other than freezing and packaging in their final package at sea and landed directly on Community territory
List of products of animal origin intended for human consumption or animal feed use authorised to be imported into the Community, subject to a chemical test under the conditions of Article 3
– Entire fish, fish deheaded and gutted and fish fillets from the following species caught at sea:
– Alaska pollack (Theragra chalcogramma)
– cod (Gadus spp.)
– redfish (Sebastes spp.)