Pending: 32001D0865

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment(1), hereinafter the “sixth VAT Directive” and in particular Article 27 thereof,Having regard to the proposal from the Commission,Whereas:(1) In a letter registered by the Commission’s Secretariat General on 7 March 2001, the Spanish Government requested authorisation on the basis of Article 27 of the sixth VAT Directive, to apply a measure derogating from Article 11(A)(1)(a) of that Directive.(2) Under Article 27(1) of the sixth VAT Directive, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce special measures for derogation from the provisions of the Directive, in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance.(3) In accordance with the said Article 27, the other Member States were informed of the request from the Kingdom of Spain by letter of 15 March 2001.(4) Article 11(A)(1)(a) of the sixth VAT Directive states that, in principle, the taxable amount in respect of supplies of goods and services shall be everything which constitutes the consideration which has been or is to be obtained by the supplier for such supplies from the purchaser, the customer or a third party.(5) The Kingdom of Spain, by way of derogation from these provisions, has requested authorisation to include in the taxable amount for a service of working investment gold the value of the raw material provided by the purchaser of the service and used to make the finished product.(6) The aim of the derogation is to avoid abuse of the exemption for investment gold and thus to prevent certain types of tax evasion or avoidance. It therefore meets the conditions set out in Article 27 of the sixth VAT Directive.(7) The forms of tax evasion or avoidance in question consist mainly of the purchase of VAT-exempt investment gold which is then worked to make jewellery or other goods, with no VAT being paid on the value of the investment gold involved in the transaction.(8) The derogation will expire on 31 December 2004, so that an assessment can then be made as to whether it is appropriate in the light of changes in the application of the special system for investment gold established by Directive 98/80/EC(2).(9) The derogation will have no negative impact on the European Communities’ own resources provided from value added tax,HAS ADOPTED THIS DECISION:Article 1The Kingdom of Spain is authorised, by way of derogation from Article 11(A)(1)(a) of the sixth VAT Directive, to include in the taxable amount in respect of the supply of goods or services involving the working of non-taxed investment gold the value of the gold contained in the finished product based on the current market value of the investment gold.Article 2The authorisation granted under

Article 1
The Kingdom of Spain is authorised, by way of derogation from Article 11(A)(1)(a) of the sixth VAT Directive, to include in the taxable amount in respect of the supply of goods or services involving the working of non-taxed investment gold the value of the gold contained in the finished product based on the current market value of the investment gold.

Article 2
The authorisation granted under Article 1 shall expire on 31 December 2004.

Article 3
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 6 November 2001.
For the Council
The President
D. Reynders
(1) OJ L 145, 13.6.1977, p. 1. Directive last amended by Directive 2001/41/EC (OJ L 22, 24.1.2001, p. 17).
(2) OJ L 281, 17.10.1998, p. 31.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment(1), hereinafter the “sixth VAT Directive” and in particular Article 27 thereof,Having regard to the proposal from the Commission,Whereas:(1) In a letter registered by the Commission’s Secretariat General on 7 March 2001, the Spanish Government requested authorisation on the basis of Article 27 of the sixth VAT Directive, to apply a measure derogating from Article 11(A)(1)(a) of that Directive.(2) Under Article 27(1) of the sixth VAT Directive, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce special measures for derogation from the provisions of the Directive, in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance.(3) In accordance with the said Article 27, the other Member States were informed of the request from the Kingdom of Spain by letter of 15 March 2001.(4) Article 11(A)(1)(a) of the sixth VAT Directive states that, in principle, the taxable amount in respect of supplies of goods and services shall be everything which constitutes the consideration which has been or is to be obtained by the supplier for such supplies from the purchaser, the customer or a third party.(5) The Kingdom of Spain, by way of derogation from these provisions, has requested authorisation to include in the taxable amount for a service of working investment gold the value of the raw material provided by the purchaser of the service and used to make the finished product.(6) The aim of the derogation is to avoid abuse of the exemption for investment gold and thus to prevent certain types of tax evasion or avoidance. It therefore meets the conditions set out in Article 27 of the sixth VAT Directive.(7) The forms of tax evasion or avoidance in question consist mainly of the purchase of VAT-exempt investment gold which is then worked to make jewellery or other goods, with no VAT being paid on the value of the investment gold involved in the transaction.(8) The derogation will expire on 31 December 2004, so that an assessment can then be made as to whether it is appropriate in the light of changes in the application of the special system for investment gold established by Directive 98/80/EC(2).(9) The derogation will have no negative impact on the European Communities’ own resources provided from value added tax,HAS ADOPTED THIS DECISION:Article 1The Kingdom of Spain is authorised, by way of derogation from Article 11(A)(1)(a) of the sixth VAT Directive, to include in the taxable amount in respect of the supply of goods or services involving the working of non-taxed investment gold the value of the gold contained in the finished product based on the current market value of the investment gold.Article 2The authorisation granted under
The Kingdom of Spain is authorised, by way of derogation from Article 11(A)(1)(a) of the sixth VAT Directive, to include in the taxable amount in respect of the supply of goods or services involving the working of non-taxed investment gold the value of the gold contained in the finished product based on the current market value of the investment gold.
The authorisation granted under Article 1 shall expire on 31 December 2004.
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 6 November 2001.
For the Council
The President
D. Reynders
(1) OJ L 145, 13.6.1977, p. 1. Directive last amended by Directive 2001/41/EC (OJ L 22, 24.1.2001, p. 17).
(2) OJ L 281, 17.10.1998, p. 31.

Pending: 32001D0854

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 24 thereof,Whereas:(1) Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and monitoring of animal diseases.(2) Member States have submitted programmes for the monitoring of transmissible spongiform encephalopathies (TSEs) in bovine, ovine and caprine animals.(3) After examination of the programmes they were found to comply with the Community criteria relating to the monitoring of this disease in conformity with Council Decision 90/638/EEC laying down Community criteria for the eradication and monitoring of certain animal diseases(3), as last amended by Council Directive 92/65/EEC(4).(4) These programmes appear on the priority list of programmes for the eradication and surveillance of animal diseases which can benefit from financial participation from the Community in 2002 and which was established by Commission Decision 2001/730/EC(5).(5) Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(6), as last amended by Regulation (EC) No 1326/2001(7), sets out new rules for monitoring transmissible spongiform encephalopathies (TSEs) in bovine, ovine and caprine animals.(6) In the light of the importance of these programmes for the achievement of Community objectives in the field of animal health and public health, it is appropriate in this case to compensate the costs incurred in Member States for the purchase of test-kits up to a maximum amount of money per test-kit and programme.(7) According to Article 3(2) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(8), programmes for the monitoring and eradication of animal diseases shall be financed under the Guarantee Section of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund; for financial control purposes, Articles 8 and 9 of Regulation (EC) No 1258/1999 apply.(8) The financial contribution from the Community shall be granted provided that the actions planned are carried out efficiently and that the authorities supply all the necessary information within the time limits laid down.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

Article 1
1. The programme for the monitoring of TSE presented by Belgium is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 4850000.

Article 2
1. The programme for the monitoring of TSE presented by Denmark is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 2860000.

Article 3
1. The programme for the monitoring of TSE presented by Germany is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 20710000.

Article 4
1. The programme for the monitoring of TSE presented by Greece is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 1300000.

Article 5
1. The programme for the monitoring of TSE presented by Spain is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 10700000.

Article 6
1. The programme for the monitoring of TSE presented by France is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 34900000.

Article 7
1. The programme for the monitoring of TSE presented by Ireland is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 10630000.

Article 8
1. The programme for the monitoring of TSE presented by Italy is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 10850000.

Article 9
1. The programme for the monitoring of TSE presented by Luxembourg is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 350000.

Article 10
1. The programme for the monitoring of TSE presented by the Netherlands is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 5800000.

Article 11
1. The programme for the monitoring of TSE presented by Austria is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 1640000.

Article 12
1. The programme for the monitoring of TSE presented by Portugal is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 2750000.

Article 13
1. The programme for the monitoring of TSE presented by Finland is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 500000.

Article 14
1. The programme for the monitoring of TSE presented by Sweden is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 600000.

Article 15
1. The programme for the monitoring of TSE presented by the United Kingdom is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 5560000.

Article 16
The financial participation by the Community for the programmes approved in Articles 1 to 15 shall be at the rate of 100 % of the cost (V.A.T. excluded) of the test-kits up to a maximum of 15 EUR per test-kit for tests carried out between 1 January and 31 December 2002 in animals referred to in Annex III, Chapter A, Part I, points 2, 3 and 4 and Part II, points 2, 3 and 4 of Regulation (EC) No 999/2001, and up to the maximum amounts of money named in this Decision individually for each programme.

Article 17
The financial contribution of the Community for the programmes referred to under Articles 1 to 15 shall be granted subject:
(a) to bringing into force by 1 January 2002 the laws, regulations and administrative provisions by the Member State concerned for implementing the programme,
(b) to forwarding a report to the Commission every month on the progress of the programme and the costs incurred at the latest four weeks after the end of each reporting period. The costs incurred shall be provided in computerised form in accordance with the table provided in annex,
(c) to forwarding a final report by 1 June 2003 at the latest on the technical execution of the programme accompanied by justifying evidence as to the costs incurred and the results attained during the period from 1 January to 31 December 2002. The costs incurred shall be provided in computerised form in accordance with the table provided in annex,
(d) to implementing the programme efficiently,
and provided that Community veterinary legislation has been respected.

Article 18
The present Decision shall apply from 1 January 2002.

Article 19
This Decision is addressed to the Member States.
Done at Brussels, 3 December 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.9.1990, p. 19.
(2) OJ L 203, 28.7.2001, p. 16.
(3) OJ L 347, 12.12.1990, p. 27.
(4) OJ L 268, 18.10.1997, p. 11.
(5) OJ L 274, 17.10.2001, p. 20.
(6) OJ L 147, 31.5.2001, p. 1.
(7) OJ L 177, 30.6.2001, p. 60.
(8) OJ L 160, 26.6.1999, p. 103.

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 24 thereof,Whereas:(1) Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and monitoring of animal diseases.(2) Member States have submitted programmes for the monitoring of transmissible spongiform encephalopathies (TSEs) in bovine, ovine and caprine animals.(3) After examination of the programmes they were found to comply with the Community criteria relating to the monitoring of this disease in conformity with Council Decision 90/638/EEC laying down Community criteria for the eradication and monitoring of certain animal diseases(3), as last amended by Council Directive 92/65/EEC(4).(4) These programmes appear on the priority list of programmes for the eradication and surveillance of animal diseases which can benefit from financial participation from the Community in 2002 and which was established by Commission Decision 2001/730/EC(5).(5) Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(6), as last amended by Regulation (EC) No 1326/2001(7), sets out new rules for monitoring transmissible spongiform encephalopathies (TSEs) in bovine, ovine and caprine animals.(6) In the light of the importance of these programmes for the achievement of Community objectives in the field of animal health and public health, it is appropriate in this case to compensate the costs incurred in Member States for the purchase of test-kits up to a maximum amount of money per test-kit and programme.(7) According to Article 3(2) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(8), programmes for the monitoring and eradication of animal diseases shall be financed under the Guarantee Section of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund; for financial control purposes, Articles 8 and 9 of Regulation (EC) No 1258/1999 apply.(8) The financial contribution from the Community shall be granted provided that the actions planned are carried out efficiently and that the authorities supply all the necessary information within the time limits laid down.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
1. The programme for the monitoring of TSE presented by Belgium is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 4850000.
1. The programme for the monitoring of TSE presented by Denmark is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 2860000.
1. The programme for the monitoring of TSE presented by Germany is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 20710000.
1. The programme for the monitoring of TSE presented by Greece is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 1300000.
1. The programme for the monitoring of TSE presented by Spain is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 10700000.
1. The programme for the monitoring of TSE presented by France is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 34900000.
1. The programme for the monitoring of TSE presented by Ireland is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 10630000.
1. The programme for the monitoring of TSE presented by Italy is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 10850000.
1. The programme for the monitoring of TSE presented by Luxembourg is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 350000.
1. The programme for the monitoring of TSE presented by the Netherlands is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 5800000.
1. The programme for the monitoring of TSE presented by Austria is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 1640000.
1. The programme for the monitoring of TSE presented by Portugal is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 2750000.
1. The programme for the monitoring of TSE presented by Finland is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 500000.
1. The programme for the monitoring of TSE presented by Sweden is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 600000.
1. The programme for the monitoring of TSE presented by the United Kingdom is hereby approved for the period from 1 January 2002 to 31 December 2002.
2. Financial participation by the Community shall be up to a maximum of EUR 5560000.
The financial participation by the Community for the programmes approved in Articles 1 to 15 shall be at the rate of 100 % of the cost (V.A.T. excluded) of the test-kits up to a maximum of 15 EUR per test-kit for tests carried out between 1 January and 31 December 2002 in animals referred to in Annex III, Chapter A, Part I, points 2, 3 and 4 and Part II, points 2, 3 and 4 of Regulation (EC) No 999/2001, and up to the maximum amounts of money named in this Decision individually for each programme.
The financial contribution of the Community for the programmes referred to under Articles 1 to 15 shall be granted subject:
(a) to bringing into force by 1 January 2002 the laws, regulations and administrative provisions by the Member State concerned for implementing the programme,
(b) to forwarding a report to the Commission every month on the progress of the programme and the costs incurred at the latest four weeks after the end of each reporting period. The costs incurred shall be provided in computerised form in accordance with the table provided in annex,
(c) to forwarding a final report by 1 June 2003 at the latest on the technical execution of the programme accompanied by justifying evidence as to the costs incurred and the results attained during the period from 1 January to 31 December 2002. The costs incurred shall be provided in computerised form in accordance with the table provided in annex,
(d) to implementing the programme efficiently,
and provided that Community veterinary legislation has been respected.
The present Decision shall apply from 1 January 2002.
This Decision is addressed to the Member States.
Done at Brussels, 3 December 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.9.1990, p. 19.
(2) OJ L 203, 28.7.2001, p. 16.
(3) OJ L 347, 12.12.1990, p. 27.
(4) OJ L 268, 18.10.1997, p. 11.
(5) OJ L 274, 17.10.2001, p. 20.
(6) OJ L 147, 31.5.2001, p. 1.
(7) OJ L 177, 30.6.2001, p. 60.
(8) OJ L 160, 26.6.1999, p. 103.
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Pending: 32001D0839

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management(1), and in particular Article 11 thereof,Whereas:(1) Directive 96/62/EC establishes the framework for assessment and management of ambient air quality.(2) Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air(2) lays down limit values to be met on a certain target date.(3) Regular reporting by Member States is an integral element of that legislation.(4) A number of items set out in Article 11 of Directive 96/62/EC, in conjunction with Annexes I, II, III, IV and V to Directive 1999/30/EC, in Article 3, Article 5 and Article 9(6) of Directive 1999/30/EC must be reported on an annual basis.(5) According to Directive 1999/30/EC, provisions on reporting under Council Directive 80/779/EEC on air quality limit values and guide values for sulphur dioxide and suspended particulates(3), Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the air(4) and Council Directive 85/203/EEC of 7 March 1982 on air quality standards for nitrogen dioxide(5) are repealed with effect from 19 July 2001, although the limit values under these Directives remain in force until 2005 for Directives 80/779/EEC and 82/884/EEC, and 2010 for Directive 85/203/EEC and reporting on exceedences of these limit values continues according to Article 9(6) of Directive 1999/30/EC.(6) In order to ensure that the required information is supplied in the correct format, Member States should be required to submit it on the basis of a standardised questionnaire.(7) The measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 12(2) of Directive 96/62/EC,

Article 1
Member States shall use the questionnaire set out in the Annex as a basis for forwarding the information to be provided on an annual basis under Article 11 of Directive 96/62/EC, in conjunction with Annexes I, II, III, IV and V, and Articles 3, 5 and 9(6) of Directive 1999/30/EC.

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 8 November 2001.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 296, 21.11.1996, p. 55.
(2) OJ L 163, 29.6.1999, p. 41.
(3) OJ L 229, 30.8.1980, p. 30.
(4) OJ L 378, 31.12.1982, p. 15.
(5) OJ L 87, 27.3.1985, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management(1), and in particular Article 11 thereof,Whereas:(1) Directive 96/62/EC establishes the framework for assessment and management of ambient air quality.(2) Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air(2) lays down limit values to be met on a certain target date.(3) Regular reporting by Member States is an integral element of that legislation.(4) A number of items set out in Article 11 of Directive 96/62/EC, in conjunction with Annexes I, II, III, IV and V to Directive 1999/30/EC, in Article 3, Article 5 and Article 9(6) of Directive 1999/30/EC must be reported on an annual basis.(5) According to Directive 1999/30/EC, provisions on reporting under Council Directive 80/779/EEC on air quality limit values and guide values for sulphur dioxide and suspended particulates(3), Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the air(4) and Council Directive 85/203/EEC of 7 March 1982 on air quality standards for nitrogen dioxide(5) are repealed with effect from 19 July 2001, although the limit values under these Directives remain in force until 2005 for Directives 80/779/EEC and 82/884/EEC, and 2010 for Directive 85/203/EEC and reporting on exceedences of these limit values continues according to Article 9(6) of Directive 1999/30/EC.(6) In order to ensure that the required information is supplied in the correct format, Member States should be required to submit it on the basis of a standardised questionnaire.(7) The measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 12(2) of Directive 96/62/EC,
Member States shall use the questionnaire set out in the Annex as a basis for forwarding the information to be provided on an annual basis under Article 11 of Directive 96/62/EC, in conjunction with Annexes I, II, III, IV and V, and Articles 3, 5 and 9(6) of Directive 1999/30/EC.
This Decision is addressed to the Member States.
Done at Brussels, 8 November 2001.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 296, 21.11.1996, p. 55.
(2) OJ L 163, 29.6.1999, p. 41.
(3) OJ L 229, 30.8.1980, p. 30.
(4) OJ L 378, 31.12.1982, p. 15.
(5) OJ L 87, 27.3.1985, p. 1.
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Pending: 32001D0828

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 import from third countries of equidae(1), as last amended by Decision 2001/298/EC(2), and in particular Article 13(2)(a) and Article 19(i) thereof,Whereas:(1) Commission Decision 92/260/EEC(3), as last amended by Decision 2001/619/EC(4), laid down the animal health conditions and veterinary certification for temporary admission of registered horses.(2) Commission Decision 93/197/EEC(5), as last amended by Decision 2001/619/EC, laid down the animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production.(3) The United States of America have recorded cases of West Nile Fever in equidae during the past two years. Recently a formaline-inactivated vaccine has received conditional approval by the competent authorities. Because equidae vaccinated against West Nile Virus infection do not present an animal or public health risk, imports into the Community of such equidae should be permitted, subject to certain conditions.(4) In order to allow imports of equidae vaccinated against West Nile Virus from countries included in Group C of the relevant animal health requirements it is necessary to adapt the animal health conditions by modifying Decisions 92/260/EEC and 93/197/EEC accordingly.(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

Article 1
A new paragraph is inserted in Annex II(C)(III) to Decision 92/260/EEC:
>PIC FILE= “L_2001308EN.004102.TIF”>

Article 2
A new paragraph is inserted in Annex II(C)(III) to Decision 93/197/EEC:
>PIC FILE= “L_2001308EN.004201.TIF”>

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 23 November 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 42.
(2) OJ L 102, 12.4.2001, p. 63.
(3) OJ L 130, 15.5.1992, p. 67.
(4) OJ L 215, 9.8.2001, p. 55.
(5) OJ L 86, 6.4.1993, p. 16.

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 import from third countries of equidae(1), as last amended by Decision 2001/298/EC(2), and in particular Article 13(2)(a) and Article 19(i) thereof,Whereas:(1) Commission Decision 92/260/EEC(3), as last amended by Decision 2001/619/EC(4), laid down the animal health conditions and veterinary certification for temporary admission of registered horses.(2) Commission Decision 93/197/EEC(5), as last amended by Decision 2001/619/EC, laid down the animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production.(3) The United States of America have recorded cases of West Nile Fever in equidae during the past two years. Recently a formaline-inactivated vaccine has received conditional approval by the competent authorities. Because equidae vaccinated against West Nile Virus infection do not present an animal or public health risk, imports into the Community of such equidae should be permitted, subject to certain conditions.(4) In order to allow imports of equidae vaccinated against West Nile Virus from countries included in Group C of the relevant animal health requirements it is necessary to adapt the animal health conditions by modifying Decisions 92/260/EEC and 93/197/EEC accordingly.(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
A new paragraph is inserted in Annex II(C)(III) to Decision 92/260/EEC:
>PIC FILE= “L_2001308EN.004102.TIF”>
A new paragraph is inserted in Annex II(C)(III) to Decision 93/197/EEC:
>PIC FILE= “L_2001308EN.004201.TIF”>
This Decision is addressed to the Member States.
Done at Brussels, 23 November 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 42.
(2) OJ L 102, 12.4.2001, p. 63.
(3) OJ L 130, 15.5.1992, p. 67.
(4) OJ L 215, 9.8.2001, p. 55.
(5) OJ L 86, 6.4.1993, p. 16.

Pending: 32001D0812

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), and in particular Articles 6(2) and 33 thereof,Whereas:(1) Border inspection posts handling products must, to be approved and listed in the Official Journal, comply with the general conditions set down in the Annex II to Directive 97/78/EC.(2) In the light of experience gained from the inspections carried out by the Food and Veterinary Office, it is now appropriate to amend and update the detailed requirements for a border inspection post and any inspection centre within such a post. The present Decision sets out the facilities, equipment and procedures required, and repeals Commission Decision 92/525/EEC(2).(3) All premises to be used as border inspection posts should be both under the control of the official veterinarian, and accessible at any time that he needs access, including any rooms within buildings used as commercial undertakings.(4) To promote efficiency in such locations which are handling only limited categories of products, border inspection posts should be listed with regard to these categories only and the facilities provided may be then limited and suitable only for these product categories.(5) It is appropriate to provide for flexibility so that border inspection posts may be split into different inspection centres where products may actually be examined, without requiring a duplication of all office facilities and of certain documentation or equipment required but held elsewhere in the premises of the post.(6) However, some limitations to the above flexibility must be laid down to ensure that such inspection centres are actually operating under the control of the official veterinarian, and are not located at excessive distances from the designated central office, in which case the centres should be approved as independent border inspection posts.(7) A border inspection post and inspection centres within it therefore should provide the minimum requirements for facilities, equipment and operating conditions set down in this Decision.(8) All border inspection posts must be approved by the Commission and listed in the Official Journal.(9) For transparency all inspection centres used as part of any particular border inspection post should be listed along with the name of the post itself in the relevant Commission Decision published in the Official Journal.(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

Article 1
1. A border inspection post consists of facilities dedicated to veterinary checks, placed under the responsibility of the official veterinarian, or in the case of fishery products either the official veterinarian or the official agent referred to in Commission Decision 93/352/EEC(3), and localised in a manner so that the facilities constitute one complete working unit. In the case where a border inspection post is made up of more than one set of facilities but located on the same site, the geographical location of the group will qualify the border inspection post, which shall bear a single name.
2. A border inspection post must include all the facilities specified in Article 4 of this decision, where products of animal origin from third countries can be presented for introduction into the Community, and undergo the necessary documentary, identity and physical checks.
3. Where geography or size of the border location demands, or for the efficient management of border checks, a border inspection post may provide more than one facility or inspection centre, for conducting as necessary the checks on the categories of products for which the border inspection post is approved.

Article 2
1. Without prejudice to Annex II to Directive 97/78/EC, all border inspection posts as referred to in Article 6 of that Directive must, in order to be approved and listed in the Official Journal and to maintain approval, provide the facilities, personnel, equipment, and operate the procedures in the posts, as specified in this Decision and in the Annex hereto.
2. The premises being used as a border inspection post, or any inspection centre within it, must be under the effective control of the official veterinarian, or in the case of fishery products either the official veterinarian or the official agent referred to in Decision 93/352/EEC, and must be accessible for access at all times as necessary.

Article 3
1. A Member State may propose that a border inspection post be officially listed after approval, for the inspection of all or certain categories of products only. In the latter case the Member State must show that the post has the necessary facilities, personnel and equipment to carry out the inspection of these products.
2. In the Official Journal, border inspection posts will be listed showing them as a port, airport, road or rail location. The list shall specify the categories of products for which the post and, as appropriate, the inspection centre is approved, including details of any further restriction on the products which any particular border inspection post may inspect.
3. Where a border inspection post is approved for only restricted categories of products, the facilities provided at the border inspection post may be limited as appropriate to those necessary for carrying out veterinary checks on these restricted categories of products only.
4. However, by derogation to paragraph 3, in the case of deep frozen semen and embryos which may be transported at ambient temperatures in sealed, self contained temperature regulating containers, these may be inspected in border inspection posts listed for products not for human consumption that are at ambient temperatures only.
5. Member States shall notify the Commission of any change in the infrastructure or operation of a border inspection post, or of an inspection centre within that post, that has any bearing on its listing. Additions to the categorisation of any border inspection post may be proposed by Member States, after the competent authority has checked that the facilities comply with this Decision, for approval and amendment to the listing by the Commission.

Article 4
1. The facilities in approved border inspection posts must be constructed, equipped, maintained and operated in line with the requirements set down in the Annex to this Decision and in relevant Community legislation. For products that are not fully harmonised from a hygiene viewpoint, additional national hygiene requirements may be applied.
2. The minimum infrastructure for any approved border inspection post must include the following elements within effective working distance of each other:
(a) An office with communication equipment including a telephone, a fax, an Animo system terminal, a photocopier, all necessary documentation, and archiving capacity to store documents relating to the inspection of products;
(b) Social rooms consisting of changing rooms, toilets, and hand washing facilities for the use of the personnel working in the border inspection post, which may be shared only with other personnel involved in official controls;
(c) An area for unloading the means of transport of consignments which shall be enclosed or covered by a roof, except in the case of consignments of non containerised wool, loose bulk processed animal protein not fit for human consumption, loose manure or guano, or bulk liquid oils and fats, which are transported in boats, for which the roof requirement may not apply;
For products under temperature control intended for human consumption the junction between the transport and unloading areas should be protected or sealed from the external environment, except in the case of fish where the derogation referred to in Article 2 of Decision 93/352/EEC and Chapter II point 2 of the Annex to Directive 91/493(4) shall apply;
(d) An inspection room where the products are to be inspected and samples taken for further tests; the sampling area need not be separate from the inspection room;
(e) Appropriate storage rooms or areas, to permit detained consignments to be held at chilled, frozen, or ambient temperatures at the same time, under the control of the official veterinarian pending the results of laboratory or other investigations.
3. Border inspection posts approved to handle chilled, frozen and ambient categories of product, must be able to simultaneously store adequate volumes of product in each temperature category. Immediate access to an adequate volume of storage shall be available at all times as necessary for the official veterinarian.
The use of commercial storage facilities close to the border inspection post and within the same port or customs area, is permitted under the control of the official veterinarian, and provided that the detained product is stored in a separate lockable room, chamber, or zone clearly fenced off from all other products.
Storage in separate stand-alone containers permanently placed by the unloading area is permitted provided that the containers are linked to the unloading area in such a manner that the unloading process is under shelter from the weather. Additional storage for each product category in the means of transport in which a consignment was brought to the post is permitted exceptionally under the control of the official veterinarian for border inspection posts situated at road, rail or port locations.
4. Products for human consumption and products not for human consumption should be handled in separate unloading areas, inspection rooms and storage facilities. By derogation from this requirement in the case of border inspection posts officially approved as restricted to packed products only, unloading areas may be common, provided then that during and after unloading, there is clear separation of products for human consumption and those not for human consumption, with a view to prevent cross contamination.
5. By derogation from paragraph 4 above, border inspection posts having a throughput of less than 500 consignments per year may utilise the same facilities provided for unloading, inspection and storage for all products for which the post is approved, provided that a time separation of consignments is implemented, and that adequate cleansing and disinfection of the premises between arrivals of different consignments is undertaken as necessary.

Article 5
1. Additional inspection centres in already approved border inspection posts, may be proposed by Member States after the competent authority has checked that they comply with this Decision, for listing in the Official Journal. The facilities at any centre should be appropriate to the volume and type of various products passing through the centre.
2. When a border inspection post is split into different inspection centres, these shall:
– be located within the same customs designated area or district as the border inspection post under which the centres are listed;
– be located within a reasonable working distance from the designated central office of the border inspection post and be demonstrably under the control of the official veterinarian;
– keep a specific record of the consignments examined at the centre.
3. Inspection centres do not have to provide:
– archiving facilities, an Animo system terminal, or a photocopier;
– all veterinary checks legislation and documentation but only documents relevant and necessary for the veterinary checks carried out in the centre.

Article 6
In the circumstances referred to in Article 6.2 (b) of Directive 97/78/EC the reasonable time intervals for Member States to comply with the recommendations made pursuant to inspection reports, before the Commission withdraws the border inspection post from the list in full or in part, in the latter case with regard to the product categories and/or inspection centres concerned by the recommendations, will be as follows, taken from the date of receipt of the final report in the language of the Member State:
– for deficiencies in respect of facilities (construction only) or staff numbers: six months; however, where new, replacement facilities are under construction the time limits for completion of action may be determined by agreement between the Member State and the Commission on a case by case basis.
– for deficiencies in respect of all other matters: three months.
In the event of potentially serious animal or public health risks, these time intervals may be shorter.

Article 7
Decision 92/525/EEC is hereby repealed, and in accordance with Article 33 of Directive 97/78/EC, the provisions of this Decision shall apply on the 20th day following that of its publication in the Official Journal of the European Communities.

Article 8
This Decision is addressed to the Member States.
Done at Brussels, 21 November 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 331, 17.11.1992, p. 16.
(3) OJ L 144, 16.6.1993, p. 25.
(4) OJ L 268, 24.9.1991, p. 15.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), and in particular Articles 6(2) and 33 thereof,Whereas:(1) Border inspection posts handling products must, to be approved and listed in the Official Journal, comply with the general conditions set down in the Annex II to Directive 97/78/EC.(2) In the light of experience gained from the inspections carried out by the Food and Veterinary Office, it is now appropriate to amend and update the detailed requirements for a border inspection post and any inspection centre within such a post. The present Decision sets out the facilities, equipment and procedures required, and repeals Commission Decision 92/525/EEC(2).(3) All premises to be used as border inspection posts should be both under the control of the official veterinarian, and accessible at any time that he needs access, including any rooms within buildings used as commercial undertakings.(4) To promote efficiency in such locations which are handling only limited categories of products, border inspection posts should be listed with regard to these categories only and the facilities provided may be then limited and suitable only for these product categories.(5) It is appropriate to provide for flexibility so that border inspection posts may be split into different inspection centres where products may actually be examined, without requiring a duplication of all office facilities and of certain documentation or equipment required but held elsewhere in the premises of the post.(6) However, some limitations to the above flexibility must be laid down to ensure that such inspection centres are actually operating under the control of the official veterinarian, and are not located at excessive distances from the designated central office, in which case the centres should be approved as independent border inspection posts.(7) A border inspection post and inspection centres within it therefore should provide the minimum requirements for facilities, equipment and operating conditions set down in this Decision.(8) All border inspection posts must be approved by the Commission and listed in the Official Journal.(9) For transparency all inspection centres used as part of any particular border inspection post should be listed along with the name of the post itself in the relevant Commission Decision published in the Official Journal.(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
1. A border inspection post consists of facilities dedicated to veterinary checks, placed under the responsibility of the official veterinarian, or in the case of fishery products either the official veterinarian or the official agent referred to in Commission Decision 93/352/EEC(3), and localised in a manner so that the facilities constitute one complete working unit. In the case where a border inspection post is made up of more than one set of facilities but located on the same site, the geographical location of the group will qualify the border inspection post, which shall bear a single name.
2. A border inspection post must include all the facilities specified in Article 4 of this decision, where products of animal origin from third countries can be presented for introduction into the Community, and undergo the necessary documentary, identity and physical checks.
3. Where geography or size of the border location demands, or for the efficient management of border checks, a border inspection post may provide more than one facility or inspection centre, for conducting as necessary the checks on the categories of products for which the border inspection post is approved.
1. Without prejudice to Annex II to Directive 97/78/EC, all border inspection posts as referred to in Article 6 of that Directive must, in order to be approved and listed in the Official Journal and to maintain approval, provide the facilities, personnel, equipment, and operate the procedures in the posts, as specified in this Decision and in the Annex hereto.
2. The premises being used as a border inspection post, or any inspection centre within it, must be under the effective control of the official veterinarian, or in the case of fishery products either the official veterinarian or the official agent referred to in Decision 93/352/EEC, and must be accessible for access at all times as necessary.
1. A Member State may propose that a border inspection post be officially listed after approval, for the inspection of all or certain categories of products only. In the latter case the Member State must show that the post has the necessary facilities, personnel and equipment to carry out the inspection of these products.
2. In the Official Journal, border inspection posts will be listed showing them as a port, airport, road or rail location. The list shall specify the categories of products for which the post and, as appropriate, the inspection centre is approved, including details of any further restriction on the products which any particular border inspection post may inspect.
3. Where a border inspection post is approved for only restricted categories of products, the facilities provided at the border inspection post may be limited as appropriate to those necessary for carrying out veterinary checks on these restricted categories of products only.
4. However, by derogation to paragraph 3, in the case of deep frozen semen and embryos which may be transported at ambient temperatures in sealed, self contained temperature regulating containers, these may be inspected in border inspection posts listed for products not for human consumption that are at ambient temperatures only.
5. Member States shall notify the Commission of any change in the infrastructure or operation of a border inspection post, or of an inspection centre within that post, that has any bearing on its listing. Additions to the categorisation of any border inspection post may be proposed by Member States, after the competent authority has checked that the facilities comply with this Decision, for approval and amendment to the listing by the Commission.
1. The facilities in approved border inspection posts must be constructed, equipped, maintained and operated in line with the requirements set down in the Annex to this Decision and in relevant Community legislation. For products that are not fully harmonised from a hygiene viewpoint, additional national hygiene requirements may be applied.
2. The minimum infrastructure for any approved border inspection post must include the following elements within effective working distance of each other:
(a) An office with communication equipment including a telephone, a fax, an Animo system terminal, a photocopier, all necessary documentation, and archiving capacity to store documents relating to the inspection of products;
(b) Social rooms consisting of changing rooms, toilets, and hand washing facilities for the use of the personnel working in the border inspection post, which may be shared only with other personnel involved in official controls;
(c) An area for unloading the means of transport of consignments which shall be enclosed or covered by a roof, except in the case of consignments of non containerised wool, loose bulk processed animal protein not fit for human consumption, loose manure or guano, or bulk liquid oils and fats, which are transported in boats, for which the roof requirement may not apply;
For products under temperature control intended for human consumption the junction between the transport and unloading areas should be protected or sealed from the external environment, except in the case of fish where the derogation referred to in Article 2 of Decision 93/352/EEC and Chapter II point 2 of the Annex to Directive 91/493(4) shall apply;
(d) An inspection room where the products are to be inspected and samples taken for further tests; the sampling area need not be separate from the inspection room;
(e) Appropriate storage rooms or areas, to permit detained consignments to be held at chilled, frozen, or ambient temperatures at the same time, under the control of the official veterinarian pending the results of laboratory or other investigations.
3. Border inspection posts approved to handle chilled, frozen and ambient categories of product, must be able to simultaneously store adequate volumes of product in each temperature category. Immediate access to an adequate volume of storage shall be available at all times as necessary for the official veterinarian.
The use of commercial storage facilities close to the border inspection post and within the same port or customs area, is permitted under the control of the official veterinarian, and provided that the detained product is stored in a separate lockable room, chamber, or zone clearly fenced off from all other products.
Storage in separate stand-alone containers permanently placed by the unloading area is permitted provided that the containers are linked to the unloading area in such a manner that the unloading process is under shelter from the weather. Additional storage for each product category in the means of transport in which a consignment was brought to the post is permitted exceptionally under the control of the official veterinarian for border inspection posts situated at road, rail or port locations.
4. Products for human consumption and products not for human consumption should be handled in separate unloading areas, inspection rooms and storage facilities. By derogation from this requirement in the case of border inspection posts officially approved as restricted to packed products only, unloading areas may be common, provided then that during and after unloading, there is clear separation of products for human consumption and those not for human consumption, with a view to prevent cross contamination.
5. By derogation from paragraph 4 above, border inspection posts having a throughput of less than 500 consignments per year may utilise the same facilities provided for unloading, inspection and storage for all products for which the post is approved, provided that a time separation of consignments is implemented, and that adequate cleansing and disinfection of the premises between arrivals of different consignments is undertaken as necessary.
1. Additional inspection centres in already approved border inspection posts, may be proposed by Member States after the competent authority has checked that they comply with this Decision, for listing in the Official Journal. The facilities at any centre should be appropriate to the volume and type of various products passing through the centre.
2. When a border inspection post is split into different inspection centres, these shall:
– be located within the same customs designated area or district as the border inspection post under which the centres are listed;
– be located within a reasonable working distance from the designated central office of the border inspection post and be demonstrably under the control of the official veterinarian;
– keep a specific record of the consignments examined at the centre.
3. Inspection centres do not have to provide:
– archiving facilities, an Animo system terminal, or a photocopier;
– all veterinary checks legislation and documentation but only documents relevant and necessary for the veterinary checks carried out in the centre.
In the circumstances referred to in Article 6.2 (b) of Directive 97/78/EC the reasonable time intervals for Member States to comply with the recommendations made pursuant to inspection reports, before the Commission withdraws the border inspection post from the list in full or in part, in the latter case with regard to the product categories and/or inspection centres concerned by the recommendations, will be as follows, taken from the date of receipt of the final report in the language of the Member State:
– for deficiencies in respect of facilities (construction only) or staff numbers: six months; however, where new, replacement facilities are under construction the time limits for completion of action may be determined by agreement between the Member State and the Commission on a case by case basis.
– for deficiencies in respect of all other matters: three months.
In the event of potentially serious animal or public health risks, these time intervals may be shorter.
Decision 92/525/EEC is hereby repealed, and in accordance with Article 33 of Directive 97/78/EC, the provisions of this Decision shall apply on the 20th day following that of its publication in the Official Journal of the European Communities.
This Decision is addressed to the Member States.
Done at Brussels, 21 November 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 331, 17.11.1992, p. 16.
(3) OJ L 144, 16.6.1993, p. 25.
(4) OJ L 268, 24.9.1991, p. 15.
APPROVAL REQUIREMENTS FOR BORDER INSPECTION POSTS
To be approved and listed border inspection posts must be constructed to provide an adequate degree of hygiene, and avoid cross contamination.
In rooms where products are to be unloaded, inspected or stored the border inspection post or inspection centre must have:
– walls finished with smooth washable surfaces, which together with the floors should be easy to clean and disinfect, and with adequate drainage;
– a clean and easily cleaned ceiling;
– adequate natural and artificial lighting;
– an adequate hot and cold water supply in all inspection rooms.
1. Technical equipment
(a) Border inspection posts and inspection centres must have as a minimum the items noted below available at all times:
– equipment (or access to equipment) capable of weighing consignments subject to controls;
– any equipment needed to open and examine consignments presented for examination;
– cleansing and disinfection equipment adequately housed and appropriate to the needs of the post, or an effective and documented system of cleansing and disinfection by an external agent;
– equipment to maintain the temperature at the appropriate level in controlled environment rooms.
(b) In inspection rooms there must be available as a minimum:
– a table to work on with smooth washable surfaces easy to clean and disinfect;
– sampling equipment – saw, knife, tin opener, a means of sampling consignments and sample containers;
– sealing tape and numbered seals or labels, clearly marked to ensure traceability;
– a thermometer to measure surface and also core temperature, weighing scales, and for fresh products, a pH meter;
– thawing equipment or micro wave oven;
– facilities for the temporary storage of samples under temperature control, pending their despatch to the laboratory. Suitable containers for transport of these samples should also be available.
(c) Border inspection posts and inspection centres with restricted listing must have:
– those articles listed in (a) and (b) above as appropriate for the products to be handled in the post.
2. Staffing
1. Border inspection posts shall operate under the responsibility of an official veterinarian, or in the case of fishery products either the official veterinarian or the official agent referred to in Decision 93/352/EEC, who must be present at the border inspection post and the inspection centres during checks on products. The post shall carry sufficient staff to carry out all the controls required at the border inspection post;
2. The official veterinarian may be assisted by specially trained assistants acting under his authority in:
(a) checking documents;
(b) carrying out identity checks and physical examinations, taking samples and carrying out general analysis;
(c) administrative duties and procedures.
The official veterinarian shall be responsible for the final decision.
For the staff of the border inspection post a record of the training received in respect of veterinary checks shall be kept.
3. Documentation
The border inspection post shall keep the following information.
Pending the implementation of the Shift system, the official veterinarian responsible for checks in the border inspection post must have at his disposal in the designated central office at least:
1. an up-to-date list of the third countries or parts of third countries authorised to send products to the Community or, where applicable, to certain Member States;
2. copies of the various Decisions of the Community or Member States specifying a specimen health or public/animal health certificate or any other document which must accompany products from third countries despatched to the Community or, where applicable, to certain Member States;
3. an up-to-date list of establishments in third countries authorised to despatch products to the Community; or of national authorised establishments in the case of non harmonised products;
4. copies of any safeguard Decisions prohibiting or restricting imports of products to the Community;
5. an up-to-date list of approved border inspection posts giving all available details of these posts;
6. a current list of the free zones, free warehouses, and customs warehouses approved under Article 12.4, and of operators authorised under Article 13 of Directive 97/78/EC, in all Member States;
7. an up-to-date list of establishments approved for the receipt of channelled products for that Member State, in accordance with Article 8(6) in the Directive 97/78/EC;
8. up-to-date relevant EC legislation relating to products and procedures covered by veterinary checks.
The following records must also be kept:
1. up-to-date information on consignments of products for which import or entry into the Community has been refused and which have been re-despatched; each Member State shall communicate to the other Member States and the Commission all information concerning the re-despatched consignments; this information shall be communicated to each border inspection post by the central competent authority;
2. a register according to Commission Decision 97/394/EC of 6 June 1997 “establishing the minimum data required for the data base on animals and animal products brought into the Community”(1);
3. a register of all consignments either re-despatched according to Commission Decision 97/152/EC(2), or destroyed, or authorised by the official veterinarian at the border inspection post for use other than for human consumption; this register shall record all instances where there is a deadline for action or response by the official veterinarian in the case of goods rejected, sent in transit or channelled, and where follow up action is required;
4. a register of all samples taken at the border inspection post for purposes of laboratory tests, together with details of the laboratory test requested and the results (favourable and unfavourable) of such tests;
5. the register required under Commission Decision 94/360/EC “on the reduced frequency of physical checks of consignments of certain products to be implemented from third countries, under Directive 90/675/EEC”(3), if necessary in computerised format.
5. Procedures
1. The competent authority shall endeavour to ensure that there is close cooperation between the various services involved in the inspection of third country products.
2. All physical inspections and identity checks, except for seal checks, must take place at an inspection facility. All such checks shall be conducted in such a manner as to avoid the possibility of cross contamination, and where necessary shall take into account the controlled temperature conditions under which the products are transported. Where unpacked products for human consumption are involved, all checks must be carried out under shelter from the weather and provision shall be made for the hygienic handling and protection of such products during unloading and loading.

Pending: 32001D0792

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof, and to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 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),Having regard to the opinion of the Committee of the Regions(4),Whereas:(1) While action by the Community to implement the resolution of the Council and of the representatives of the Governments of the Member States, meeting within the Council, of 8 July 1991 on improving mutual aid between Member States in the event of natural or technological disaster(5) has helped protect people, the environment and property, the need is now to ensure even better protection in the event of natural, technological, radiological and environmental emergencies, including accidental marine pollution, occurring both inside and outside the European Union, and to strengthen the provisions of the resolution.(2) The United Nations Economic Commission for Europe (UN/ECE) Convention on the Transboundary Effects of Industrial Accidents, which contains provisions on matters such as prevention, emergency preparedness, public information and participation, industrial accident notification systems, response and mutual assistance, entered into force on 19 April 2000. The Convention was approved by the Community by Council Decision 98/685/EC(6).(3) A mechanism to facilitate reinforced cooperation in civil protection assistance interventions could supplement the current Community action programme in the field of civil protection(7) by making support available in the event of major emergencies which may require urgent response action. It would facilitate the mobilisation of intervention teams, experts and other resources, as required, through a reinforced Community civil protection structure consisting of a monitoring and information centre and a common emergency communication and information system. It would also provide an opportunity for collecting validated emergency information, for disseminating that information to the Member States and for sharing lessons learnt from interventions.(4) Such a mechanism would take due account of the relevant Community legislation and international commitments. This Decision should therefore not affect the reciprocal rights and obligations of the Member States under bilateral or multilateral treaties, which relate to the matters covered by this Decision.(5) Prevention is of significant importance for the protection against natural, technological and environmental disasters and would require further action to be considered.(6) In the event of a major emergency within the Community, or imminent threat thereof, which causes, or is capable of causing, transboundary effects or which may result in a call for assistance from one or more Member States, there is a need for relevant notification to be made as appropriate through an established reliable common emergency communication and information system.(7) Preparatory measures need to be taken at Member State and Community level to enable assistance intervention teams in emergencies to be mobilised rapidly and coordinated with the requisite flexibility and to ensure, through a training programme, the effective response capability and complementarity of assessment and/or coordination teams, intervention teams and other resources, as appropriate. Other preparatory measures would include pooling of information related to necessary medical resources and stimulation of the use of new technologies.(8) In accordance with the principle of subsidiarity, a Community mechanism would provide added value in supporting and supplementing national policies in the field of mutual civil protection assistance. If the preparedness of the requesting Member State is not sufficient for an adequate response to a major emergency in terms of available resources, that State would be able to supplement its preparedness by making an appeal to such a Community mechanism.(9) A mechanism should make it possible to mobilise, and facilitate coordination of, assistance interventions in order to help ensure better protection primarily of people but also of the environment and property, including cultural heritage, thereby reducing loss of human life, injury, material damage, economic and environmental damage, and making achievement of the objectives of social cohesion and solidarity more tangible.(10) The isolated and outermost regions and some other areas of the Community often have special characteristics and needs owing to their geography, terrain and social and economic circumstances. These have an adverse effect, hamper the deployment of assistance and intervention resources making it difficult to deliver aid and means of assistance, and create particular needs for assistance in the event of serious danger of major emergency. Such a Community mechanism would also allow better response to be made to these situations and needs.(11) With respect to civil protection assistance intervention outside the Community, a mechanism could be made use of as a tool for facilitating and supporting actions undertaken, within their respective competences, by the Community and the Member States.(12) Such a Community mechanism could, under conditions to be determined, also be a tool for facilitating and supporting crisis management referred to in Title V of the Treaty on European Union.(13) Assistance interventions would either be conducted autonomously or as a contribution to an operation led by an international organisation, for which case the Community should develop its relations with the relevant global and regional international organisations.(14) Participation in such a mechanism would be open to the candidate countries.(15) There is a need to improve transparency and to consolidate and strengthen the various existing civil protection actions in continued pursuit of the objectives of the Treaty.(16) 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(8).(17) The use of the same Committee for the present mechanism as for the existing Community action programme in the field of civil protection should ensure consistency and complementarity for the implementation of the mechanism.(18) The Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community do not provide powers for adopting this Decision other than those of Articles 308 and 203, respectively,HAS ADOPTED THIS DECISION:Article 11. A Community mechanism to facilitate reinforced cooperation between the Community and the Member States in civil protection assistance intervention in the event of major emergencies, or the imminent threat thereof, which may require urgent response action is hereby established (hereinafter “the mechanism”).2. The mechanism is intended to help ensure better protection, primarily of people but also of the environment and property, including cultural heritage, in the event of major emergencies, i.e. natural, technological, radiological or environmental accidents occurring inside or outside the Community, including accidental marine pollution, as provided for in Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution(9).The mechanism does not affect obligations under existing relevant legislation of the European Community or the European Atomic Energy Community or existing international agreements.The general purpose of the mechanism is to provide, on request, support in the event of such emergencies and to facilitate improved coordination of assistance intervention provided by the Member States and the Community, taking into account the special needs of the isolated, outermost and other regions or islands of the Community.3. The mechanism consists of a series of elements and actions including:- the identification of intervention teams and other intervention support available in Member States for assistance intervention in the event of emergencies,- the setting-up and implementation of a training programme for intervention teams and other intervention support, and for experts for the assessment and/or coordination teams,- workshops, seminars and pilot projects on major aspects of interventions,- the establishment and, as needed, dispatch of assessment and/or coordination teams,- the establishment and management of a monitoring and information centre,- the establishment and management of a common emergency communication and information system,- other support action, such as measures to facilitate transport of resources for assistance intervention.Article 21. In the event of a major emergency within the Community, or imminent threat thereof, which causes or is capable of causing transboundary effects or which may result in a call for assistance from one or more Member States, the Member State in which the emergency has occurred shall, without delay, notify:(a) those Member States which may be affected by the emergency, unless this obligation of notification has already been addressed under relevant legislation of the European Community or the European Atomic Energy Community or existing international agreements, and(b) the Commission, when a possible request for assistance through the monitoring and information centre can be anticipated, in order that the Commission may, as appropriate, inform the other Member States and activate its competent services.2. Such notification shall, as appropriate, be made through the communication and information system.Article 3To ensure their capability for effective intervention response in the event of a major emergency, Member States shall:(a) within their competent services and, in particular, their civil protection services or other emergency services, identify in advance intervention teams which might be available for such intervention or could be established for intervening at very short notice, in order to be dispatched, generally within 12 hours following a request for assistance, taking into account that team composition should depend on the type of major emergency and on particular needs in that emergency;(b) select experts who can be called on to serve on the site of an emergency in an assessment and/or coordination team;(c) provide relevant general information on these teams and experts as well as on medical resources as laid down in Article 4(e) within six months of the adoption of this Decision, and promptly update this information when necessary;(d) consider the possibility of also providing, as required, other intervention support which might be available from the competent services, such as specialised personnel and equipment to deal with a particular emergency, and of calling upon resources which may be provided by non-governmental organisations and other relevant entities;(e) for the purposes of applying this Decision, appoint the competent authorities, designate the contact points and inform the Commission accordingly.Article 4With a view to achieving the objectives and implementing the actions defined in

Article 1
1. A Community mechanism to facilitate reinforced cooperation between the Community and the Member States in civil protection assistance intervention in the event of major emergencies, or the imminent threat thereof, which may require urgent response action is hereby established (hereinafter “the mechanism”).
2. The mechanism is intended to help ensure better protection, primarily of people but also of the environment and property, including cultural heritage, in the event of major emergencies, i.e. natural, technological, radiological or environmental accidents occurring inside or outside the Community, including accidental marine pollution, as provided for in Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution(9).
The mechanism does not affect obligations under existing relevant legislation of the European Community or the European Atomic Energy Community or existing international agreements.
The general purpose of the mechanism is to provide, on request, support in the event of such emergencies and to facilitate improved coordination of assistance intervention provided by the Member States and the Community, taking into account the special needs of the isolated, outermost and other regions or islands of the Community.
3. The mechanism consists of a series of elements and actions including:
– the identification of intervention teams and other intervention support available in Member States for assistance intervention in the event of emergencies,
– the setting-up and implementation of a training programme for intervention teams and other intervention support, and for experts for the assessment and/or coordination teams,
– workshops, seminars and pilot projects on major aspects of interventions,
– the establishment and, as needed, dispatch of assessment and/or coordination teams,
– the establishment and management of a monitoring and information centre,
– the establishment and management of a common emergency communication and information system,
– other support action, such as measures to facilitate transport of resources for assistance intervention.

Article 2
1. In the event of a major emergency within the Community, or imminent threat thereof, which causes or is capable of causing transboundary effects or which may result in a call for assistance from one or more Member States, the Member State in which the emergency has occurred shall, without delay, notify:
(a) those Member States which may be affected by the emergency, unless this obligation of notification has already been addressed under relevant legislation of the European Community or the European Atomic Energy Community or existing international agreements, and
(b) the Commission, when a possible request for assistance through the monitoring and information centre can be anticipated, in order that the Commission may, as appropriate, inform the other Member States and activate its competent services.
2. Such notification shall, as appropriate, be made through the communication and information system.

Article 3
To ensure their capability for effective intervention response in the event of a major emergency, Member States shall:
(a) within their competent services and, in particular, their civil protection services or other emergency services, identify in advance intervention teams which might be available for such intervention or could be established for intervening at very short notice, in order to be dispatched, generally within 12 hours following a request for assistance, taking into account that team composition should depend on the type of major emergency and on particular needs in that emergency;
(b) select experts who can be called on to serve on the site of an emergency in an assessment and/or coordination team;
(c) provide relevant general information on these teams and experts as well as on medical resources as laid down in Article 4(e) within six months of the adoption of this Decision, and promptly update this information when necessary;
(d) consider the possibility of also providing, as required, other intervention support which might be available from the competent services, such as specialised personnel and equipment to deal with a particular emergency, and of calling upon resources which may be provided by non-governmental organisations and other relevant entities;
(e) for the purposes of applying this Decision, appoint the competent authorities, designate the contact points and inform the Commission accordingly.

Article 4
With a view to achieving the objectives and implementing the actions defined in Article 1, the Commission shall:
(a) establish and manage a monitoring and information centre accessible and able to react immediately 24 hours a day and serving the Member States and the Commission for the purposes of the mechanism;
(b) establish and manage a reliable common emergency communication and information system to enable communication and sharing of information between the monitoring and information centre and the contact points designated for that purpose by the Member States;
(c) establish the capability to mobilise and dispatch, as quickly as possible, small teams of experts responsible for:
– assessing the situation for the benefit of the Member States, the monitoring and information centre and the State requesting assistance,
– facilitating, when necessary, coordination of assistance operations on site and liaising, when necessary and appropriate, with the competent authorities of the State requesting assistance;
(d) set up a training programme, with a view to improving the coordination of civil protection assistance intervention by ensuring compatibility and complementarity between the intervention teams as laid down in Article 3(a) or as appropriate other intervention support as laid down in Article 3(b), and by improving the competence of experts for assessment. The programme should include joint courses and exercises and an exchange system whereby individuals may be seconded to teams in other Member States;
(e) pool information on the capabilities of the Member States for maintaining a production of serums and vaccines or other necessary medical resources and on the stocks which might be available for intervention in the event of a major emergency and compile this information in the information system;
(f) set up a programme of lessons learned from the interventions conducted within the framework of the mechanism and disseminate these lessons through the information system;
(g) stimulate and encourage the introduction and use for the purpose of the mechanism of new technologies, including systems for notification and alert, exchange of information, use of satellite technology and assistance to decision-making in the management of emergencies;
(h) take measures to facilitate transport of resources for assistance intervention and other support action.

Article 5
1. Where an emergency occurs within the Community, a Member State may request assistance, which request should be as specific as possible:
(a) from the other Member States through the monitoring and information centre, in which case, upon receiving such a request the Commission shall, as appropriate and without delay:
– forward the request to the other Member States’ contact points,
– facilitate the mobilisation of teams, experts and other intervention support,
– collect validated information on the emergency and disseminate it to the Member States, or
(b) directly from the other Member States.
2. Any Member State to which a request for assistance is addressed shall promptly determine whether it is in a position to render the assistance required, and inform the requesting Member State thereof, either through the monitoring and information centre or directly and then, depending on the circumstances, also the centre, indicating the scope and terms of any assistance it might render.
3. The requesting Member State shall be responsible for directing assistance interventions. The authorities of the requesting Member State shall lay down guidelines and, if necessary, define the limits of the tasks entrusted to the intervention teams, without giving details of their execution, which are to be left to the person in charge appointed by the Member State rendering assistance.
4. The requesting Member State may ask the teams to direct the intervention on its behalf in which case the teams provided by the Member States and the Community shall endeavour to coordinate their interventions.
5. The assessment and/or coordination team should facilitate coordination between intervention teams and, as necessary and appropriate, liaise with the competent authorities of the requesting Member State.

Article 6
The provisions of Article 5 may also, upon request, be implemented in respect of interventions outside the Community. Such interventions may either be conducted as an autonomous assistance intervention or as a contribution to an intervention led by an international organisation.
The coordination of civil protection assistance interventions conducted within the framework of this mechanism outside the Community is ensured by the Member State entrusted with the Presidency of the Council of the European Union.

Article 7
Participation in the mechanism shall be open to:
– the candidate countries of central and eastern Europe in accordance with the conditions established in the Europe Agreements, in their additional protocols, and in the decisions of the respective Association Councils,
– Cyprus, Malta and Turkey on the basis of bilateral agreements to be concluded with these countries.

Article 8
1. The Commission shall implement the actions related to the mechanism in accordance with the procedures laid down in Article 9(2).
2. The Commission shall also in accordance with the procedures laid down in Article 9(3) establish common rules particularly on the following matters:
(a) resources available for assistance intervention, as laid down in Article 3;
(b) the monitoring and information centre, as laid down in Article 4(a);
(c) the common emergency communication and information system, as laid down in Article 4(b);
(d) the assessment and/or coordination teams, as laid down in Article 4(c), including criteria for the selection of experts;
(e) the training programme, as laid down in Article 4(d);
(f) information on medical resources, as laid down in Article 4(e);
(g) the interventions inside the Community, on the basis of the resolution of 8 July 1991, as well as the interventions outside the Community as laid down in Article 6.

Article 9
1. The Commission shall be assisted by the committee set up by Article 4(1) of Decision 1999/847/EC.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
4. The Committee shall establish its rules of procedure.

Article 10
The Commission shall evaluate the implementation of this Decision every third year from the date it takes effect and transmit the conclusions of that evaluation together with any proposals for amendments to the Decision to the European Parliament and the Council.

Article 11
This Decision shall take effect on 1 January 2002.

Article 12
This Decision is addressed to the Member States.
Done at Luxembourg, 23 October 2001.
For the Council
The President
A. Neyts-Uyttebroeck
(1) OJ C 29 E, 30.1.2001, p. 287.
(2) Opinion delivered on 14 June 2001 (not yet published in the Official Journal).
(3) OJ C 139, 11.5.2001, p. 27.
(4) OJ C 253, 12.9.2001, p. 17.
(5) OJ C 198, 27.7.1991, p. 1.
(6) OJ L 326, 3.12.1998, p. 1.
(7) Council Decision 1999/847/EC of 9 December 1999 establishing a Community action programme in the field of civil protection (OJ L 327, 21.12.1999, p. 53).
(8) OJ L 184, 17.7.1999, p. 23.
(9) OJ L 332, 28.12.2000, p. 1.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof, and to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 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),Having regard to the opinion of the Committee of the Regions(4),Whereas:(1) While action by the Community to implement the resolution of the Council and of the representatives of the Governments of the Member States, meeting within the Council, of 8 July 1991 on improving mutual aid between Member States in the event of natural or technological disaster(5) has helped protect people, the environment and property, the need is now to ensure even better protection in the event of natural, technological, radiological and environmental emergencies, including accidental marine pollution, occurring both inside and outside the European Union, and to strengthen the provisions of the resolution.(2) The United Nations Economic Commission for Europe (UN/ECE) Convention on the Transboundary Effects of Industrial Accidents, which contains provisions on matters such as prevention, emergency preparedness, public information and participation, industrial accident notification systems, response and mutual assistance, entered into force on 19 April 2000. The Convention was approved by the Community by Council Decision 98/685/EC(6).(3) A mechanism to facilitate reinforced cooperation in civil protection assistance interventions could supplement the current Community action programme in the field of civil protection(7) by making support available in the event of major emergencies which may require urgent response action. It would facilitate the mobilisation of intervention teams, experts and other resources, as required, through a reinforced Community civil protection structure consisting of a monitoring and information centre and a common emergency communication and information system. It would also provide an opportunity for collecting validated emergency information, for disseminating that information to the Member States and for sharing lessons learnt from interventions.(4) Such a mechanism would take due account of the relevant Community legislation and international commitments. This Decision should therefore not affect the reciprocal rights and obligations of the Member States under bilateral or multilateral treaties, which relate to the matters covered by this Decision.(5) Prevention is of significant importance for the protection against natural, technological and environmental disasters and would require further action to be considered.(6) In the event of a major emergency within the Community, or imminent threat thereof, which causes, or is capable of causing, transboundary effects or which may result in a call for assistance from one or more Member States, there is a need for relevant notification to be made as appropriate through an established reliable common emergency communication and information system.(7) Preparatory measures need to be taken at Member State and Community level to enable assistance intervention teams in emergencies to be mobilised rapidly and coordinated with the requisite flexibility and to ensure, through a training programme, the effective response capability and complementarity of assessment and/or coordination teams, intervention teams and other resources, as appropriate. Other preparatory measures would include pooling of information related to necessary medical resources and stimulation of the use of new technologies.(8) In accordance with the principle of subsidiarity, a Community mechanism would provide added value in supporting and supplementing national policies in the field of mutual civil protection assistance. If the preparedness of the requesting Member State is not sufficient for an adequate response to a major emergency in terms of available resources, that State would be able to supplement its preparedness by making an appeal to such a Community mechanism.(9) A mechanism should make it possible to mobilise, and facilitate coordination of, assistance interventions in order to help ensure better protection primarily of people but also of the environment and property, including cultural heritage, thereby reducing loss of human life, injury, material damage, economic and environmental damage, and making achievement of the objectives of social cohesion and solidarity more tangible.(10) The isolated and outermost regions and some other areas of the Community often have special characteristics and needs owing to their geography, terrain and social and economic circumstances. These have an adverse effect, hamper the deployment of assistance and intervention resources making it difficult to deliver aid and means of assistance, and create particular needs for assistance in the event of serious danger of major emergency. Such a Community mechanism would also allow better response to be made to these situations and needs.(11) With respect to civil protection assistance intervention outside the Community, a mechanism could be made use of as a tool for facilitating and supporting actions undertaken, within their respective competences, by the Community and the Member States.(12) Such a Community mechanism could, under conditions to be determined, also be a tool for facilitating and supporting crisis management referred to in Title V of the Treaty on European Union.(13) Assistance interventions would either be conducted autonomously or as a contribution to an operation led by an international organisation, for which case the Community should develop its relations with the relevant global and regional international organisations.(14) Participation in such a mechanism would be open to the candidate countries.(15) There is a need to improve transparency and to consolidate and strengthen the various existing civil protection actions in continued pursuit of the objectives of the Treaty.(16) 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(8).(17) The use of the same Committee for the present mechanism as for the existing Community action programme in the field of civil protection should ensure consistency and complementarity for the implementation of the mechanism.(18) The Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community do not provide powers for adopting this Decision other than those of Articles 308 and 203, respectively,HAS ADOPTED THIS DECISION:Article 11. A Community mechanism to facilitate reinforced cooperation between the Community and the Member States in civil protection assistance intervention in the event of major emergencies, or the imminent threat thereof, which may require urgent response action is hereby established (hereinafter “the mechanism”).2. The mechanism is intended to help ensure better protection, primarily of people but also of the environment and property, including cultural heritage, in the event of major emergencies, i.e. natural, technological, radiological or environmental accidents occurring inside or outside the Community, including accidental marine pollution, as provided for in Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution(9).The mechanism does not affect obligations under existing relevant legislation of the European Community or the European Atomic Energy Community or existing international agreements.The general purpose of the mechanism is to provide, on request, support in the event of such emergencies and to facilitate improved coordination of assistance intervention provided by the Member States and the Community, taking into account the special needs of the isolated, outermost and other regions or islands of the Community.3. The mechanism consists of a series of elements and actions including:- the identification of intervention teams and other intervention support available in Member States for assistance intervention in the event of emergencies,- the setting-up and implementation of a training programme for intervention teams and other intervention support, and for experts for the assessment and/or coordination teams,- workshops, seminars and pilot projects on major aspects of interventions,- the establishment and, as needed, dispatch of assessment and/or coordination teams,- the establishment and management of a monitoring and information centre,- the establishment and management of a common emergency communication and information system,- other support action, such as measures to facilitate transport of resources for assistance intervention.Article 21. In the event of a major emergency within the Community, or imminent threat thereof, which causes or is capable of causing transboundary effects or which may result in a call for assistance from one or more Member States, the Member State in which the emergency has occurred shall, without delay, notify:(a) those Member States which may be affected by the emergency, unless this obligation of notification has already been addressed under relevant legislation of the European Community or the European Atomic Energy Community or existing international agreements, and(b) the Commission, when a possible request for assistance through the monitoring and information centre can be anticipated, in order that the Commission may, as appropriate, inform the other Member States and activate its competent services.2. Such notification shall, as appropriate, be made through the communication and information system.Article 3To ensure their capability for effective intervention response in the event of a major emergency, Member States shall:(a) within their competent services and, in particular, their civil protection services or other emergency services, identify in advance intervention teams which might be available for such intervention or could be established for intervening at very short notice, in order to be dispatched, generally within 12 hours following a request for assistance, taking into account that team composition should depend on the type of major emergency and on particular needs in that emergency;(b) select experts who can be called on to serve on the site of an emergency in an assessment and/or coordination team;(c) provide relevant general information on these teams and experts as well as on medical resources as laid down in Article 4(e) within six months of the adoption of this Decision, and promptly update this information when necessary;(d) consider the possibility of also providing, as required, other intervention support which might be available from the competent services, such as specialised personnel and equipment to deal with a particular emergency, and of calling upon resources which may be provided by non-governmental organisations and other relevant entities;(e) for the purposes of applying this Decision, appoint the competent authorities, designate the contact points and inform the Commission accordingly.Article 4With a view to achieving the objectives and implementing the actions defined in
1. A Community mechanism to facilitate reinforced cooperation between the Community and the Member States in civil protection assistance intervention in the event of major emergencies, or the imminent threat thereof, which may require urgent response action is hereby established (hereinafter “the mechanism”).
2. The mechanism is intended to help ensure better protection, primarily of people but also of the environment and property, including cultural heritage, in the event of major emergencies, i.e. natural, technological, radiological or environmental accidents occurring inside or outside the Community, including accidental marine pollution, as provided for in Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution(9).
The mechanism does not affect obligations under existing relevant legislation of the European Community or the European Atomic Energy Community or existing international agreements.
The general purpose of the mechanism is to provide, on request, support in the event of such emergencies and to facilitate improved coordination of assistance intervention provided by the Member States and the Community, taking into account the special needs of the isolated, outermost and other regions or islands of the Community.
3. The mechanism consists of a series of elements and actions including:
– the identification of intervention teams and other intervention support available in Member States for assistance intervention in the event of emergencies,
– the setting-up and implementation of a training programme for intervention teams and other intervention support, and for experts for the assessment and/or coordination teams,
– workshops, seminars and pilot projects on major aspects of interventions,
– the establishment and, as needed, dispatch of assessment and/or coordination teams,
– the establishment and management of a monitoring and information centre,
– the establishment and management of a common emergency communication and information system,
– other support action, such as measures to facilitate transport of resources for assistance intervention.
1. In the event of a major emergency within the Community, or imminent threat thereof, which causes or is capable of causing transboundary effects or which may result in a call for assistance from one or more Member States, the Member State in which the emergency has occurred shall, without delay, notify:
(a) those Member States which may be affected by the emergency, unless this obligation of notification has already been addressed under relevant legislation of the European Community or the European Atomic Energy Community or existing international agreements, and
(b) the Commission, when a possible request for assistance through the monitoring and information centre can be anticipated, in order that the Commission may, as appropriate, inform the other Member States and activate its competent services.
2. Such notification shall, as appropriate, be made through the communication and information system.
To ensure their capability for effective intervention response in the event of a major emergency, Member States shall:
(a) within their competent services and, in particular, their civil protection services or other emergency services, identify in advance intervention teams which might be available for such intervention or could be established for intervening at very short notice, in order to be dispatched, generally within 12 hours following a request for assistance, taking into account that team composition should depend on the type of major emergency and on particular needs in that emergency;
(b) select experts who can be called on to serve on the site of an emergency in an assessment and/or coordination team;
(c) provide relevant general information on these teams and experts as well as on medical resources as laid down in Article 4(e) within six months of the adoption of this Decision, and promptly update this information when necessary;
(d) consider the possibility of also providing, as required, other intervention support which might be available from the competent services, such as specialised personnel and equipment to deal with a particular emergency, and of calling upon resources which may be provided by non-governmental organisations and other relevant entities;
(e) for the purposes of applying this Decision, appoint the competent authorities, designate the contact points and inform the Commission accordingly.
With a view to achieving the objectives and implementing the actions defined in Article 1, the Commission shall:
(a) establish and manage a monitoring and information centre accessible and able to react immediately 24 hours a day and serving the Member States and the Commission for the purposes of the mechanism;
(b) establish and manage a reliable common emergency communication and information system to enable communication and sharing of information between the monitoring and information centre and the contact points designated for that purpose by the Member States;
(c) establish the capability to mobilise and dispatch, as quickly as possible, small teams of experts responsible for:
– assessing the situation for the benefit of the Member States, the monitoring and information centre and the State requesting assistance,
– facilitating, when necessary, coordination of assistance operations on site and liaising, when necessary and appropriate, with the competent authorities of the State requesting assistance;
(d) set up a training programme, with a view to improving the coordination of civil protection assistance intervention by ensuring compatibility and complementarity between the intervention teams as laid down in Article 3(a) or as appropriate other intervention support as laid down in Article 3(b), and by improving the competence of experts for assessment. The programme should include joint courses and exercises and an exchange system whereby individuals may be seconded to teams in other Member States;
(e) pool information on the capabilities of the Member States for maintaining a production of serums and vaccines or other necessary medical resources and on the stocks which might be available for intervention in the event of a major emergency and compile this information in the information system;
(f) set up a programme of lessons learned from the interventions conducted within the framework of the mechanism and disseminate these lessons through the information system;
(g) stimulate and encourage the introduction and use for the purpose of the mechanism of new technologies, including systems for notification and alert, exchange of information, use of satellite technology and assistance to decision-making in the management of emergencies;
(h) take measures to facilitate transport of resources for assistance intervention and other support action.
1. Where an emergency occurs within the Community, a Member State may request assistance, which request should be as specific as possible:
(a) from the other Member States through the monitoring and information centre, in which case, upon receiving such a request the Commission shall, as appropriate and without delay:
– forward the request to the other Member States’ contact points,
– facilitate the mobilisation of teams, experts and other intervention support,
– collect validated information on the emergency and disseminate it to the Member States, or
(b) directly from the other Member States.
2. Any Member State to which a request for assistance is addressed shall promptly determine whether it is in a position to render the assistance required, and inform the requesting Member State thereof, either through the monitoring and information centre or directly and then, depending on the circumstances, also the centre, indicating the scope and terms of any assistance it might render.
3. The requesting Member State shall be responsible for directing assistance interventions. The authorities of the requesting Member State shall lay down guidelines and, if necessary, define the limits of the tasks entrusted to the intervention teams, without giving details of their execution, which are to be left to the person in charge appointed by the Member State rendering assistance.
4. The requesting Member State may ask the teams to direct the intervention on its behalf in which case the teams provided by the Member States and the Community shall endeavour to coordinate their interventions.
5. The assessment and/or coordination team should facilitate coordination between intervention teams and, as necessary and appropriate, liaise with the competent authorities of the requesting Member State.
The provisions of Article 5 may also, upon request, be implemented in respect of interventions outside the Community. Such interventions may either be conducted as an autonomous assistance intervention or as a contribution to an intervention led by an international organisation.
The coordination of civil protection assistance interventions conducted within the framework of this mechanism outside the Community is ensured by the Member State entrusted with the Presidency of the Council of the European Union.
Participation in the mechanism shall be open to:
– the candidate countries of central and eastern Europe in accordance with the conditions established in the Europe Agreements, in their additional protocols, and in the decisions of the respective Association Councils,
– Cyprus, Malta and Turkey on the basis of bilateral agreements to be concluded with these countries.
1. The Commission shall implement the actions related to the mechanism in accordance with the procedures laid down in Article 9(2).
2. The Commission shall also in accordance with the procedures laid down in Article 9(3) establish common rules particularly on the following matters:
(a) resources available for assistance intervention, as laid down in Article 3;
(b) the monitoring and information centre, as laid down in Article 4(a);
(c) the common emergency communication and information system, as laid down in Article 4(b);
(d) the assessment and/or coordination teams, as laid down in Article 4(c), including criteria for the selection of experts;
(e) the training programme, as laid down in Article 4(d);
(f) information on medical resources, as laid down in Article 4(e);
(g) the interventions inside the Community, on the basis of the resolution of 8 July 1991, as well as the interventions outside the Community as laid down in Article 6.
1. The Commission shall be assisted by the committee set up by Article 4(1) of Decision 1999/847/EC.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
4. The Committee shall establish its rules of procedure.
The Commission shall evaluate the implementation of this Decision every third year from the date it takes effect and transmit the conclusions of that evaluation together with any proposals for amendments to the Decision to the European Parliament and the Council.
This Decision shall take effect on 1 January 2002.
This Decision is addressed to the Member States.
Done at Luxembourg, 23 October 2001.
For the Council
The President
A. Neyts-Uyttebroeck
(1) OJ C 29 E, 30.1.2001, p. 287.
(2) Opinion delivered on 14 June 2001 (not yet published in the Official Journal).
(3) OJ C 139, 11.5.2001, p. 27.
(4) OJ C 253, 12.9.2001, p. 17.
(5) OJ C 198, 27.7.1991, p. 1.
(6) OJ L 326, 3.12.1998, p. 1.
(7) Council Decision 1999/847/EC of 9 December 1999 establishing a Community action programme in the field of civil protection (OJ L 327, 21.12.1999, p. 53).
(8) OJ L 184, 17.7.1999, p. 23.
(9) OJ L 332, 28.12.2000, p. 1.

Pending: 32001D0752

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 97/101/EC of 27 January 1997 establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the Member States(1), and in particular Article 7 thereof,Whereas:(1) Decision 97/101/EC lays down a system for reciprocal exchange of information and data on ambient air pollution.(2) It is appropriate to amend the Annexes to that Decision in order to adapt the list of pollutants covered as well as requirements on additional information, validation and aggregation.(3) The measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 12(2) of Council Directive 96/62/EC(2),

Article 1
The Annexes to Decision 97/101/EC are replaced by the text in the Annex to this Decision.

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 17 October 2001.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 35, 5.2.1997, p. 14.
(2) OJ L 296, 21.11.1996, p. 55.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 97/101/EC of 27 January 1997 establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the Member States(1), and in particular Article 7 thereof,Whereas:(1) Decision 97/101/EC lays down a system for reciprocal exchange of information and data on ambient air pollution.(2) It is appropriate to amend the Annexes to that Decision in order to adapt the list of pollutants covered as well as requirements on additional information, validation and aggregation.(3) The measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 12(2) of Council Directive 96/62/EC(2),
The Annexes to Decision 97/101/EC are replaced by the text in the Annex to this Decision.
This Decision is addressed to the Member States.
Done at Brussels, 17 October 2001.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 35, 5.2.1997, p. 14.
(2) OJ L 296, 21.11.1996, p. 55.
LIST OF POLLUTANTS, STATISTICAL PARAMETERS AND UNITS OF MEASUREMENT
1. Pollutants listed in Annex I to Directive 96/62/EC on air quality
2. Pollutants not listed in Annex I to Directive 96/62/EC on air quality
Pollutants to be reported under Directives other than Directive 96/62/EC are listed in Section 3 under Nos 14 and 15. Pollutants only to be reported if available are listed under Nos 16 to 63.
3. Pollutants, units of measurement, averaging times:
4. Data, calculated over the calendar year, to be transmitted to the Commission
Member States shall send raw data or shall send raw data and statistics.
For those Member States who transfer raw data and statistics the following statistics are required.
– For pollutants 1 to 61:
the arithmetic mean, the median, the percentiles 98 (and 99,9 which may be transmitted on a voluntary basis for pollutants for which the mean is calculated over one hour) and the maximum calculated from raw data corresponding to the recommended averaging times indicated in the table above,
– for pollutants 62 and 63:
total monthly deposition, calculated from raw data corresponding to the recommended averaging times indicated in the table above.
The yth percentile should be selected from the values actually measured. All the values should be listed in increasing order:
>PIC FILE= “L_2001282EN.007301.TIF”>
The yth percentile is the concentration Xk, where the value of k is calculated as follows:
>REFERENCE TO A GRAPHIC>
with q being equal to y/100 and N the number of values actually measured.
The value of (q x N) should be rounded off to the nearest whole number.
All the results should be expressed at the following conditions of temperature and pressure: 293 K and 101,3 kPa, except for pollutants 62 and 63. For particle bound components, data from the year 2001 and onwards should be reported at ambient conditions.
5. Data transmission to the Commission:
Data shall be transmitted by one of the following data formats: ISO 7168 version 2 extended format, NASA-AMES 1001/1010 or DEM(1) compatible format; or in DEM database:
The Commission will confirm receipt of data and the number of stations and pollutants.
(1) Data exchange module provided on behalf of the European Commission.
INFORMATION CONCERNING NETWORKS, STATIONS AND MEASUREMENT TECHNIQUES
Member States shall report on the following points: I.1, I.4.1 to I.4.4, I.5, II.1.1, II.1.4, II.1.8, II.1.10, II.1.11 and II.2.1. To the extent possible, as much information as feasible should be supplied on the other points:
I. INFORMATION CONCERNING NETWORKS
I.2. Abbreviation
I.3. Type of networks (local industry, town/city, urban area, county, region, entire country, international, etc.)
I.4. Body responsible for network management
I.4.1. Name
I.4.2. Name of person responsible
I.4.3. Adress
I.4.4. Telephone and fax numbers
I.4.5. e-mail
I.4.6 Website address
I.5. Time reference basis (UTC, local)
II. INFORMATION CONCERNING STATIONS
II.1. General information
II.1.1. Name of the station
II.1.2. Name of the town/city of location when applicable
II.1.3. National and/or local reference number or code
II.1.4. Station code given under the present decision and to be provided by the Commission
II.1.5. Name of technical body responsible for the station (if different from that responsible for the network)
II.1.6. Bodies or programmes to which data are reported (by compound, if necessary) (local, national, European Commission, GEMS, OECD, EMEP, etc.)
II.1.7. Monitoring objective(s) (compliance with the requirements of legal instruments exposure assessment (human health and/or ecosystems and/or materials), trend analysis, emission assessment, etc.)
II.1.8. Geographical coordinates (according to ISO 6709: geographical longitude and latitude and geodetic altitude)
II.1.9. NUTS level IV (nomenclature des unités territoriales statistiques)
II.1.10. Pollutants measured
II.1.11. Meteorological parameters measured
II.1.12. Other relevant information: prevailing wind direction, ratio between distance from and height of closest obstacles, etc.
II.2. Classification of station
II.2.1. Type of area
II.2.1.1. Urban:
continuously built-up area
II.2.1.2. Suburban:
largely built-up area: continuous settlement of detached buildings mixed with non-urbanised areas (small lakes, woods, agricultural)
II.2.1.3. Rural(1):
all areas that not fulfil the criteria for urban/suburban areas
II.2.2. Type of station in relation to dominant emission sources
II.2.2.1. Traffic:
stations located such that their pollution level is influenced mainly by emissions from a nearby road/street
II.2.2.2. Industrial:
stations located such that their pollution level is influenced mainly by nearby single industrial sources or industrial areas
II.2.2.3. Background:
stations that are neither traffic nor industrial(2)
II.2.3. Additional information about the station
II.2.3.1. Area of representativeness (radius). For traffic stations, give instead the length of street/road that the station represents
II.2.3.2. Urban and suburban stations
– population of town/city
II.2.3.3. Traffic stations
– assessed traffic volume (annual average daily traffic)
– distance from kerb
– heavy-duty fraction of traffic
DATA VALIDATION PROCEDURE AND QUALITY ASSURANCE
All transmitted data are deemed to be valid.
It is the responsibility of the Member States to ensure that a quality assurance procedure is in place, which meets in general the objectives of this Decision and in paricular the objectives of the relevant Directives.
CRITERIA FOR THE AGGREGATION OF DATA AND THE CALCULATION OF STATISTICAL PARAMETERS
These criteria mainly concern the data capture
If criteria for the aggregation of data and the calculation of statistical parameters have not been laid down in EU directives the following applies:
(a) Aggregation of data
The criteria for the calculaltion of one-hour and 24-hour values from data with a smaller averaging time are
(b) Calculation of statistical parameters
The ratio between the number of valid data for the two seasons of the year considered cannot be greater than 2, the two seasons being winter (from January to March inclusive and from October to December inclusive) and summer (from April to September inclusive).”

Pending: 32001D0730

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 24(5) thereof,Whereas:(1) According to Article 3(2) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(3), programmes for the monitoring and eradication of animal diseases shall be financed under the Guarantee Section of the EAGGF; for financial control purposes, Articles 8 and 9 of Regulation (EC) No 1258/1999 apply.(2) Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(4), as last amended by Regulation (EC) No 1326/2001(5), sets out new rules for monitoring transmissible spongiform encephalopathies (TSEs) in bovine, ovine and caprine animals.(3) In drawing up the list of programmes for the monitoring of TSE qualifying for a financial contribution from the Community for 2002, and the proposed maximum amount of the contribution for each programme, both the interest of each programme for the Community and the volume of available appropriations must be taken into account.(4) The Member States have supplied the Commission with the information enabling it to assess the interest for the Community of providing a financial contribution to the programmes for 2002.(5) The programmes on the list set out in this Decision will have to be approved individually at a later date.(6) The Commission has examined each of the programmes submitted by the Member States from both the veterinary and the financial point of view.(7) It is therefore appropriate to adopt the list of programmes qualifying for a financial contribution from the Community and to set the maximum amount of those contributions.(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

Article 1
1. The programmes for the monitoring of TSE (BSE and scrapie) listed in the Annex hereto shall qualify for a financial contribution from the Community in 2002.
2. For each programme as referred to in paragraph 1, the proposed maximum amount of the Community financial contribution shall be as set out in the Annex.

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 15 October 2001.
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 160, 26.6.1999, p. 103.
(4) OJ L 147, 31.5.2001, p. 1.
(5) OJ L 177, 30.6.2001, p. 60.

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 24(5) thereof,Whereas:(1) According to Article 3(2) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(3), programmes for the monitoring and eradication of animal diseases shall be financed under the Guarantee Section of the EAGGF; for financial control purposes, Articles 8 and 9 of Regulation (EC) No 1258/1999 apply.(2) Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(4), as last amended by Regulation (EC) No 1326/2001(5), sets out new rules for monitoring transmissible spongiform encephalopathies (TSEs) in bovine, ovine and caprine animals.(3) In drawing up the list of programmes for the monitoring of TSE qualifying for a financial contribution from the Community for 2002, and the proposed maximum amount of the contribution for each programme, both the interest of each programme for the Community and the volume of available appropriations must be taken into account.(4) The Member States have supplied the Commission with the information enabling it to assess the interest for the Community of providing a financial contribution to the programmes for 2002.(5) The programmes on the list set out in this Decision will have to be approved individually at a later date.(6) The Commission has examined each of the programmes submitted by the Member States from both the veterinary and the financial point of view.(7) It is therefore appropriate to adopt the list of programmes qualifying for a financial contribution from the Community and to set the maximum amount of those contributions.(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
1. The programmes for the monitoring of TSE (BSE and scrapie) listed in the Annex hereto shall qualify for a financial contribution from the Community in 2002.
2. For each programme as referred to in paragraph 1, the proposed maximum amount of the Community financial contribution shall be as set out in the Annex.
This Decision is addressed to the Member States.
Done at Brussels, 15 October 2001.
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 160, 26.6.1999, p. 103.
(4) OJ L 147, 31.5.2001, p. 1.
(5) OJ L 177, 30.6.2001, p. 60.
List of programmes for the monitoring of TSE
Maximum amount of the Community financial contribution

Pending: 32001D0686

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular Articles 3, 4 and 6 thereof,Whereas:(1) Article 3 of Regulation (EC) No 1980/2000 provides that the eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.(2) Article 4 of Regulation (EC) No 1980/2000 provides that specific eco-label criteria shall be established according to product groups.(3) Article 4 of Regulation (EC) No 1980/2000 provides that the review of the eco-label criteria as well as of the assessment and verification requirements related to the criteria shall take place in due time before the end of the period of validity of the criteria specified for each product group and shall result in a proposal for prolongation, withdrawal or revision.(4) By Decision 1999/205/EC(2) the Commission established ecological criteria for the award of the Community eco-label to personal computers, which, according to Article 3 thereof, expire 28 February 2002.(5) It is appropriate to revise the definition of the product group and the ecological criteria that were established by Decision 1999/205/EC in order to reflect the developments in the market.(6) It is appropriate to adopt a new Commission Decision establishing the specific ecological criteria for this product group, which will be valid for a period of three years.(7) It is appropriate that, for a limited period of not more than 12 months, both the new criteria established by this Decision and the criteria previously established by Decision 1999/205/EC, are valid concurrently, in order to allow sufficient time for companies that have been awarded the eco-label for their products prior to the adoption of this new Decision to adapt these products to comply with the new criteria.(8) The measures set out in this Decision have been developed and adopted under the procedures for the setting of eco-label criteria as laid down in Article 6 of Regulation (EC) No 1980/2000.(9) The measures set out in this Decision are in accordance with the opinion of the committee set up under Article 17 of Regulation (EC) No 1980/2000,HAS ADOPTED THIS DECISION:

Article 2
The environmental performance of the product group as defined in Article 1 shall be assessed by reference to the specific ecological criteria set out in the Annex.

Article 3
The product group definition and the criteria for the product group shall be valid for three years from the date on which this Decision takes effect. If revised ecological criteria have not been adopted before the end of this period, their validity shall be extended for a further year.
The period of validity of the product group definition and the criteria established by Decision 1999/205/EC shall be extended to expire 12 months after the date on which this Decision takes effect.

Article 4
For administrative purposes the code number assigned to the product group shall be “013”.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 22 August 2001.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 237, 21.9.2000, p. 1.
(2) OJ L 70, 17.3.1999, p. 46.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular Articles 3, 4 and 6 thereof,Whereas:(1) Article 3 of Regulation (EC) No 1980/2000 provides that the eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.(2) Article 4 of Regulation (EC) No 1980/2000 provides that specific eco-label criteria shall be established according to product groups.(3) Article 4 of Regulation (EC) No 1980/2000 provides that the review of the eco-label criteria as well as of the assessment and verification requirements related to the criteria shall take place in due time before the end of the period of validity of the criteria specified for each product group and shall result in a proposal for prolongation, withdrawal or revision.(4) By Decision 1999/205/EC(2) the Commission established ecological criteria for the award of the Community eco-label to personal computers, which, according to Article 3 thereof, expire 28 February 2002.(5) It is appropriate to revise the definition of the product group and the ecological criteria that were established by Decision 1999/205/EC in order to reflect the developments in the market.(6) It is appropriate to adopt a new Commission Decision establishing the specific ecological criteria for this product group, which will be valid for a period of three years.(7) It is appropriate that, for a limited period of not more than 12 months, both the new criteria established by this Decision and the criteria previously established by Decision 1999/205/EC, are valid concurrently, in order to allow sufficient time for companies that have been awarded the eco-label for their products prior to the adoption of this new Decision to adapt these products to comply with the new criteria.(8) The measures set out in this Decision have been developed and adopted under the procedures for the setting of eco-label criteria as laid down in Article 6 of Regulation (EC) No 1980/2000.(9) The measures set out in this Decision are in accordance with the opinion of the committee set up under Article 17 of Regulation (EC) No 1980/2000,HAS ADOPTED THIS DECISION:
The environmental performance of the product group as defined in Article 1 shall be assessed by reference to the specific ecological criteria set out in the Annex.
The product group definition and the criteria for the product group shall be valid for three years from the date on which this Decision takes effect. If revised ecological criteria have not been adopted before the end of this period, their validity shall be extended for a further year.
The period of validity of the product group definition and the criteria established by Decision 1999/205/EC shall be extended to expire 12 months after the date on which this Decision takes effect.
For administrative purposes the code number assigned to the product group shall be “013”.
This Decision is addressed to the Member States.
Done at Brussels, 22 August 2001.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 237, 21.9.2000, p. 1.
(2) OJ L 70, 17.3.1999, p. 46.
In order to qualify for the eco-label, a personal computer, a system unit, a display or a keyboard (hereinafter referred to as “the product”) must fall within the product group as defined in Article 1, and must comply with the following criteria in this Annex (each individual part may apply for the eco-label except the mouse):
Tests shall be carried out on application as indicated in the criteria, and shall be performed by laboratories that meet the general requirements expressed in standard EN ISO 17025. Where appropriate, other test methods may be used if their equivalence is accepted by the competent body assessing the application. Where no tests are mentioned, or are mentioned as being for use in verification or monitoring, competent bodies should rely as appropriate on declarations and documentation provided by the applicant and/or independent verifications.
These criteria aim in particular at promoting:
– the reduction of environmental damage or risks related to the use of energy (global warming, acidification, depletion of non-renewable resources) by reducing energy consumption,
– the reduction of environmental damage related to the use of natural resources by encouraging the exchangeability of components, and the recyclability and maintainability of the product,
– the reduction of environmental damage or risks related to the use of hazardous substances by reducing the use of such substances.
The criteria encourage the implementation of best practice (optimal environmental use) and enhance consumers’ environmental awareness. Furthermore, marking the plastic components encourages the recycling of the product.
The criteria are set at levels that promote the labelling of personal computers that have a lower environmental impact.
The competent bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or ISO 14001, when assessing applications and monitoring compliance with the criteria in this Annex. (Note: it is not required to implement such management schemes.)
ECOLOGICAL CRITERIA
1. ENERGY SAVINGS
System unit
(a) The computer system unit shall meet the current Energy Star(1) power consumption requirements.
The applicant shall provide a report certifying that the level of power consumption of the personal computer system unit has been measured using the procedure in the current Energy Star computer memorandum of understanding. The report shall state the measured power consumption.
(b) The computer shall support the ACPI(2) S3 sleep state (suspend to RAM) to allow minimum energy consumptions below 5 watts. The computer shall be able to wake up from this mode in response to a command from any of the following:
– network connection,
– keyboard or mouse action.
The default mode-change time from operation to the ACPI S3 sleep state shall be <= 30 minutes of inactivity. The manufacturer must enable this feature, but the user may disable it.
The applicant shall provide a report certifying that the level of power consumption in the ACPI S3 mode has been measured using the procedure in the current Energy Star computer memorandum of understanding. The report shall state the measured power consumption in this mode.
(c) The off-mode power consumption shall be no more than 2 watts. In this context, the off-mode is the state initiated through the command to shut down the computer.
The applicant shall provide a report certifying that the level of power consumption in the off mode has been measured using the procedure in the current Energy Star computer memorandum of understanding. The report shall state the measured power consumption in this mode.
(a) The monitor shall have a sleep(3) mode power consumption of <= 10 watts. The default mode-change time from operation to the sleep state shall be <= 15 minutes of inactivity. The manufacturer must enable this feature, but the user may disable it.
(b) The monitor shall have a deep-sleep(4) mode power consumption of <= 5 watts. The default mode-change time from operation to the deep-sleep state shall be 30 minutes of inactivity. The manufacturer must enable this feature, but the user may disable it.
The applicant shall provide a report certifying that the level of power consumption in both of these sleep modes have been measured using the procedure in the current Energy Star monitor memorandum of understanding. The report shall state the measured power consumptions in both of these modes.
2. LIFETIME EXTENSION
System unit
(a) The manufacturer shall offer a commercial guarantee to ensure that the personal computer system unit will function for at least three years. This guarantee shall be valid from the date of delivery to the customer.
(b) The computer shall be designed so that the memory can be changed.
(c) The computer shall be designed so that the hard disk, and if available either the CD drive or DVD drive, can be changed.
(d) A minimum of two sockets to allow direct connection of additional peripheral equipment such as scanners and back-up devices must be provided.
The applicant shall declare the compliance of the product with these requirements.
The manufacturer shall offer a commercial guarantee to ensure that the personal computer monitor will function for at least three years. This guarantee shall be valid from the date of delivery to the customer.
The applicant shall declare the compliance of the product with these requirements.
3. MERCURY CONTENT OF A LIQUID CRYSTAL DISPLAY (LCD) MONITOR
The background lighting of the LCD monitor shall not contain more than 3 mg of mercury per lamp (on average)
The applicant shall declare the compliance of the product with these requirements.
The “Declared Sound Power Level” of the personal computer system unit, according to paragraph 3.2.5 of ISO 9296, shall not exceed:
– 48 dB(A) in the idle operating mode;
– 55 dB(A) when accessing a disk drive.
The applicant shall provide a report certifying that the levels of noise emissions have been measured in accordance with ISO 7779 and ISO 9296. The report shall state the measured levels of noise emissions in both the idle operating mode and when accessing a disk drive, and be declared in accordance with paragraph 3.2.5 of ISO 9296.
5. ELECTROMAGNETIC EMISSIONS
The personal computer monitor shall meet the current maximum exposure limits set in Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz)(5).
The applicant shall provide a report which specifies the methods used to measure the levels of electromagnetic emissions. The report shall show that the personal computer monitor meets the current maximum exposure limits set in Recommendation 1999/519/EC.
6. TAKE-BACK AND RECYCLING
The manufacturer shall offer free of charge the take-back for refurbishment or recycling of the product, and for any component being replaced, except for items contaminated by users (e.g. in medical or nuclear applications). In addition, the product shall meet the following criteria:
(a) one qualified person, alone, shall be able to dismantle it;
(b) the manufacturer shall check the disassembly of the product and provide a disassembly report that shall be made available to third parties on request. Amongst others, the report shall confirm that:
– connections are easy to find and accessible,
– connections are as standardised as possible,
– connections are accessible with commonly available tools,

Pending: 32001D0672

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97(1), and in particular Article 7(1) thereof,Whereas:(1) It is necessary to specify to which movements the special rules will be applicable.(2) In view of the similarity of the situation concerned it is justified to foresee the same rules for Member States or part of Member States that want to apply these special rules.(3) The special rules must be laid down in such a way that it is possible to know the location of any bovine animal at any time.(4) The special rules must result in a real simplification and foresee only what is absolutely necessary to guarantee the fully operational character of the national database.(5) The special rules concern only movements within Member States. Possible special rules for movements between Member States will be laid down later if necessary.(6) The measures provided for in this Decision are in accordance with the opinion of the European Agricultural Guidance and Guarantee Fund Committee,HAS ADOPTED THIS DECISION:Article 1This Decision is applicable to the movements of bovine animals within the Member States or part of Member States mentioned in the Annex from different holdings to pastures located in mountain areas for grazing during the period from 1 May to 15 October.Article 21. Each pasture mentioned in

Article 1
This Decision is applicable to the movements of bovine animals within the Member States or part of Member States mentioned in the Annex from different holdings to pastures located in mountain areas for grazing during the period from 1 May to 15 October.

Article 2
1. Each pasture mentioned in Article 1 must be given a specific registration code which must be registered in the national database for bovine animals.
2. The person responsible for the pasture establishes a list of the bovine animals subject to the movement mentioned in Article 1. This list must contain at least:
– the registration code of the pasture,
and for each bovine animal:
– the individual identification number,
– the number of identification of the holding of origin,
– the date of arrival at pasture,
– the estimated date of departure from the pasture.
3. The list mentioned in paragraph 2 is validated by the veterinarian in charge of the control of movement of bovine animals.
4. The information contained in the list mentioned in paragraph 2 is introduced in the national database for bovine animals at the latest seven days after the date when the animals are moved to the pasture.
5. If any events occur during the time when the animals are on the pasture such as births, deaths or other movements, the event must be notified to the national database for bovine animals in conformity with the general rules. The person responsible for the pasture must inform the person responsible for the holding of origin as soon as possible. The actual date of departure, and the destination of each animal, must also be notified in conformity with the general rules.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 20 August 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 204, 11.8.2000, p. 1.
ANEXO/BILAG/ANHANG/ΠΑΡΑΡΤΗΜΑ/ANNEX/ANNEXE/ALLEGATO/BIJLAGE/ANEXO/LIITE/BILAGA

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97(1), and in particular Article 7(1) thereof,Whereas:(1) It is necessary to specify to which movements the special rules will be applicable.(2) In view of the similarity of the situation concerned it is justified to foresee the same rules for Member States or part of Member States that want to apply these special rules.(3) The special rules must be laid down in such a way that it is possible to know the location of any bovine animal at any time.(4) The special rules must result in a real simplification and foresee only what is absolutely necessary to guarantee the fully operational character of the national database.(5) The special rules concern only movements within Member States. Possible special rules for movements between Member States will be laid down later if necessary.(6) The measures provided for in this Decision are in accordance with the opinion of the European Agricultural Guidance and Guarantee Fund Committee,HAS ADOPTED THIS DECISION:Article 1This Decision is applicable to the movements of bovine animals within the Member States or part of Member States mentioned in the Annex from different holdings to pastures located in mountain areas for grazing during the period from 1 May to 15 October.Article 21. Each pasture mentioned in
This Decision is applicable to the movements of bovine animals within the Member States or part of Member States mentioned in the Annex from different holdings to pastures located in mountain areas for grazing during the period from 1 May to 15 October.
1. Each pasture mentioned in Article 1 must be given a specific registration code which must be registered in the national database for bovine animals.
2. The person responsible for the pasture establishes a list of the bovine animals subject to the movement mentioned in Article 1. This list must contain at least:
– the registration code of the pasture,
and for each bovine animal:
– the individual identification number,
– the number of identification of the holding of origin,
– the date of arrival at pasture,
– the estimated date of departure from the pasture.
3. The list mentioned in paragraph 2 is validated by the veterinarian in charge of the control of movement of bovine animals.
4. The information contained in the list mentioned in paragraph 2 is introduced in the national database for bovine animals at the latest seven days after the date when the animals are moved to the pasture.
5. If any events occur during the time when the animals are on the pasture such as births, deaths or other movements, the event must be notified to the national database for bovine animals in conformity with the general rules. The person responsible for the pasture must inform the person responsible for the holding of origin as soon as possible. The actual date of departure, and the destination of each animal, must also be notified in conformity with the general rules.
This Decision is addressed to the Member States.
Done at Brussels, 20 August 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 204, 11.8.2000, p. 1.
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