Avis juridique important

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31988H0130

88/130/EEC: Council recommendation of 7 March 1988 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1979) (Fifth EDF) for the financial year 1986

Official Journal L 064 , 10/03/1988 P. 0031 - 0031

*****COUNCIL  RECOMMENDATION  of 7 March 1988  concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1979) (Fifth EDF) for the financial year 1986  (88/130/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 206b thereof,  Having regard to the Second ACP-EEC Convention, signed at Lomé on 31 October 1979,  Having regard to Council Decision 80/1186/EEC of 16 December 1980 on the association of the overseas countries and territories with the European Economic Community (1),  Having regard to the 1979 Internal Agreement on the financing and administration of Community aid (2), signed on 20 November 1979, and in particular Article 29 (3) thereof,  Having regard to the Financial Regulation of 17 March 1981 applicable to the Fifth European Development Fund (3), and in particular Articles 66 to 70 thereof,  Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1979) (Fifth EDF) as at 31 December 1986 and the Court of Auditors' report relating to the financial year 1986 together with the Commission's replies (4),  Whereas, pursuant to Article 29 (3) of the Internal Agreement, the discharge for the management of the European Development Fund (1979) (Fifth EDF) must be given to the Commission by the European Parliament on a recommendation from the Council;  Whereas the overall implementation by the Commission of the operations of the European Development Fund (1979) (Fifth EDF) during the financial year 1986 has been satisfactory,  HEREBY RECOMMENDS  that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1979) (Fifth EDF) for the financial year 1986.  Done at Brussels, 7 March 1988.  For the Council  The President  G. STOLTENBERG  (1) OJ No L 361, 31. 12. 1980, p. 1.  (2) OJ No L 347, 22. 12. 1980, p. 210.  (3) OJ No L 101, 11. 4. 1981, p. 12.  (4) OJ No C 336, 15. 12. 1987, pp. 129, 253.


title: Commission Recommendation (EU) 2017/761 of 26 April 2017 on the European Pillar of Social Rights

text:
               29.4.2017

               EN

               Official Journal of the European Union

               L 113/56

         COMMISSION RECOMMENDATION (EU) 2017/761
   of 26 April 2017
   on the European Pillar of Social Rights
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Pursuant to Article 3 of the Treaty on European Union, the aims of the Union are, inter alia, to promote the well-being of its peoples and to work for the sustainable development of Europe based on a highly competitive social market economy, aiming at full employment and social progress. The Union shall combat social exclusion and discrimination, promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.

               (2)

               Pursuant to Article 9 of the Treaty on the Functioning of the European Union, the Union, in defining and implementing its policies and activities, shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion and a high level of education, training and protection of human health.

               (3)

               Article 151 of the Treaty on the Functioning of the European Union provides that the Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion.

               (4)

               Article 152 of the Treaty on the Functioning of the European Union provides that the Union recognises and promotes the role of the social partners at its level, taking into account the diversity of the national systems. It shall facilitate dialogue between them and respect their autonomy.

               (5)

               The Charter of Fundamental Rights of the European Union, first proclaimed at the Nice European Council on 7 December 2000, safeguards and promotes a number of fundamental principles that are essential for the European social model. The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law.

               (6)

               The Treaty on the Functioning of the European Union contains provisions laying down the powers of the Union relating, inter alia, to the freedom of movement of workers (Articles 45 to 48), the right of establishment (Articles 49 to 55), social policy (Articles 151 to 161), the promotion of dialogue between management and labour (Article 154), including agreements concluded and implemented at Union level (Article 155), equal pay for men and women for equal work (Article 157), the contribution to the development of quality education and vocational training (Articles 165 and 166), Union action complementing national policies and fostering cooperation in the field of health (Article 168), economic, social and territorial cohesion (Articles 174 to 178), the formulation, and the surveillance of the implementation, of the broad guidelines of the economic policies (Article 121), the formulation, and the examination of the implementation of the employment guidelines (Article 148) and more generally, the approximation of legislation (Articles 114 to 117).

               (7)

               The European Parliament called for a solid European Pillar of Social Rights to reinforce social rights and deliver a positive impact on people's lives in the short and medium term and enable support for European construction in the 21st century (1). The European Council stressed that economic and social insecurity needs to be addressed as a matter of priority and called for the creation of a promising future for all, safeguards for our way of life and the provision of better opportunities for youth (2). The leaders of 27 Member States and of the European Council, the European Parliament and the European Commission made a commitment to work towards a social Europe in the Rome agenda. That commitment is based on the principles of sustainable growth and the promotion of economic and social progress, as well as cohesion and convergence, while upholding the integrity of the internal market (3). The social partners have committed to continue contributing to a Europe that delivers for its workers and enterprises (4).

               (8)

               The completion of the European single market in the last decades has been accompanied by the development of a solid social acquis which has resulted in progress in the freedom of movement, living and working conditions, equality between women and men, health and safety at work, social protection and education and training. The introduction of the euro has provided the Union with a stable common currency shared by 340 million citizens in nineteen Member States, facilitating their daily lives and protecting them against financial instability. The Union has also enlarged significantly, increasing economic opportunities and promoting social progress across the continent.

               (9)

               Labour markets and societies are evolving quickly, with new opportunities and new challenges arising from globalisation, the digital revolution, changing work patterns and societal and demographic developments. Challenges, such as significant inequality, long-term and youth unemployment or intergenerational solidarity, are often similar across Member States although in varying degrees.

               (10)

               Europe has shown its resolve to overcome the financial and economic crisis, and as a result of determined action, the Union economy is now more stable, with employment levels at an unprecedented high and a steady fall in unemployment. However, the social consequences of the crisis have been far-reaching — from youth and long-term unemployment to the risk of poverty — and addressing those consequences remains an urgent priority.

               (11)

               To a large extent, the employment and social challenges facing Europe are a result of relatively modest growth, which is rooted in untapped potential in terms of participation in employment and productivity. Economic and social progress are intertwined, and the establishment of a European Pillar of Social Rights should be part of wider efforts to build a more inclusive and sustainable growth model by improving Europe's competitiveness and making it a better place to invest, create jobs and foster social cohesion.

               (12)

               The aim of the European Pillar of Social Rights is to serve as a guide towards efficient employment and social outcomes when responding to current and future challenges which are directly aimed at fulfilling people's essential needs, and ensuring better enactment and implementation of social rights.

               (13)

               A stronger focus on employment and social performance is particularly important to increase resilience and deepen the Economic and Monetary Union. For this reason, the European Pillar of Social Rights is primarily conceived for the euro area but it is applicable to all Member States that wish to be part of it.

               (14)

               The European Pillar of Social Rights expresses principles and rights essential for fair and well-functioning labour markets and welfare systems in 21st century Europe. It reaffirms some of the rights already present in the Union acquis. It adds new principles which address the challenges arising from societal, technological and economic developments.

               (15)

               The principles enshrined in the European Pillar of Social Rights concern Union citizens and third country nationals with legal residence. Where a principle refers to workers, it concerns all persons in employment, regardless of their employment status, modality and duration.

               (16)

               The European Pillar of Social Rights shall not prevent Member States or their social partners from establishing more ambitious social standards. In particular, nothing in the European Pillar of Social Rights shall be interpreted as restricting or adversely affecting rights and principles as recognised, in their respective fields of application, by Union law or international law and by international agreements to which the Union or all the Member States are party, including the European Social Charter signed at Turin on 18 October 1961 and the relevant Conventions and Recommendations of the International Labour Organisation.

               (17)

               Delivering on the European Pillar of Social Rights is a shared commitment and responsibility between the Union, its Member States and the social partners. The principles and rights set by the European Pillar of Social Rights should be implemented at both Union level and Member State level within their respective competences and in accordance with the principle of subsidiarity.

               (18)

               At Union level, the European Pillar of Social Rights does not entail an extension of the Union's powers as defined by the Treaties. It should be implemented within the limits of those powers.

               (19)

               At Member State level, the Pillar respects the diversity of the cultures and traditions of the peoples of Europe, as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels. In particular, the establishment of the Pillar does not affect the right of Member States to define the fundamental principles of their social security systems and should not affect the financial equilibrium thereof.

               (20)

               Social dialogue plays a central role in reinforcing social rights and enhancing sustainable and inclusive growth. Social partners at all levels have a crucial role to play in pursuing and implementing the European Pillar of Social Rights, in accordance with their autonomy and the right to collective action.

         HAS ADOPTED THIS RECOMMENDATION:

      EUROPEAN PILLAR OF SOCIAL RIGHTS

   CHAPTER I

      Equal opportunities and access to the labour market

   1.   Education, training and life-long learning

   Everyone has the right to quality and inclusive education, training and life-long learning in order to maintain and acquire skills that enable them to participate fully in society and manage successfully transitions in the labour market.
   2.   Gender equality

               (a)

               Equality of treatment and opportunities between women and men must be ensured and fostered in all areas, including regarding participation in the labour market, terms and conditions of employment and career progression.

               (b)

               Women and men have the right to equal pay for work of equal value.

         3.   Equal opportunities

   Regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation, everyone has the right to equal treatment and opportunities regarding employment, social protection, education, and access to goods and services available to the public. Equal opportunities of under-represented groups shall be fostered.
   4.   Active support to employment

               (a)

               Everyone has the right to timely and tailor-made assistance to improve employment or self-employment prospects. This includes the right to receive support for job search, training and re-qualification. Everyone has the right to transfer social protection and training entitlements during professional transitions.

               (b)

               Young people have the right to continued education, apprenticeship, traineeship or a job offer of good standing within 4 months of becoming unemployed or leaving education.

               (c)

               People unemployed have the right to personalised, continuous and consistent support. The long-term unemployed have the right to an in-depth individual assessment at the latest at 18 months of unemployment.

         CHAPTER II

      Fair working conditions

   5.   Secure and adaptable employment

               (a)

               Regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training. The transition towards open-ended forms of employment shall be fostered.

               (b)

               In accordance with legislation and collective agreements, the necessary flexibility for employers to adapt swiftly to changes in the economic context shall be ensured.

               (c)

               Innovative forms of work that ensure quality working conditions shall be fostered. Entrepreneurship and self-employment shall be encouraged. Occupational mobility shall be facilitated.

               (d)

               Employment relationships that lead to precarious working conditions shall be prevented, including by prohibiting abuse of atypical contracts. Any probation period should be of reasonable duration.

         6.   Wages

               (a)

               Workers have the right to fair wages that provide for a decent standard of living.

               (b)

               Adequate minimum wages shall be ensured, in a way that provide for the satisfaction of the needs of the worker and his/her family in the light of national economic and social conditions, whilst safeguarding access to employment and incentives to seek work. In-work poverty shall be prevented.

               (c)

               All wages shall be set in a transparent and predictable way according to national practices and respecting the autonomy of the social partners.

         7.   Information about employment conditions and protection in case of dismissals

               (a)

               Workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including on probation period.

               (b)

               Prior to any dismissal, workers have the right to be informed of the reasons and be granted a reasonable period of notice. They have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation.

         8.   Social dialogue and involvement of workers

               (a)

               The social partners shall be consulted on the design and implementation of economic, employment and social policies according to national practices. They shall be encouraged to negotiate and conclude collective agreements in matters relevant to them, while respecting their autonomy and the right to collective action. Where appropriate, agreements concluded between the social partners shall be implemented at the level of the Union and its Member States.

               (b)

               Workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundancies.

               (c)

               Support for increased capacity of social partners to promote social dialogue shall be encouraged.

         9.   Work-life balance

   Parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way.
   10.   Healthy, safe and well-adapted work environment and data protection

               (a)

               Workers have the right to a high level of protection of their health and safety at work.

               (b)

               Workers have the right to a working environment adapted to their professional needs and which enables them to prolong their participation in the labour market.

               (c)

               Workers have the right to have their personal data protected in the employment context.

         CHAPTER III

      Social protection and inclusion

   11.   Childcare and support to children

               (a)

               Children have the right to affordable early childhood education and care of good quality.

               (b)

               Children have the right to protection from poverty. Children from disadvantaged backgrounds have the right to specific measures to enhance equal opportunities.

         12.   Social protection

   Regardless of the type and duration of their employment relationship, workers, and, under comparable conditions, the self-employed, have the right to adequate social protection.
   13.   Unemployment benefits

   The unemployed have the right to adequate activation support from public employment services to (re)integrate in the labour market and adequate unemployment benefits of reasonable duration, in line with their contributions and national eligibility rules. Such benefits shall not constitute a disincentive for a quick return to employment.
   14.   Minimum income

   Everyone lacking sufficient resources has the right to adequate minimum income benefits ensuring a life in dignity at all stages of life, and effective access to enabling goods and services. For those who can work, minimum income benefits should be combined with incentives to (re)integrate into the labour market.
   15.   Old age income and pensions

               (a)

               Workers and the self-employed in retirement have the right to a pension commensurate to their contributions and ensuring an adequate income. Women and men shall have equal opportunities to acquire pension rights.

               (b)

               Everyone in old age has the right to resources that ensure living in dignity.

         16.   Health care

   Everyone has the right to timely access to affordable, preventive and curative health care of good quality.
   17.   Inclusion of people with disabilities

   People with disabilities have the right to income support that ensures living in dignity, services that enable them to participate in the labour market and in society, and a work environment adapted to their needs.
   18.   Long-term care

   Everyone has the right to affordable long-term care services of good quality, in particular home-care and community-based services.
   19.   Housing and assistance for the homeless

               (a)

               Access to social housing or housing assistance of good quality shall be provided for those in need.

               (b)

               Vulnerable people have the right to appropriate assistance and protection against forced eviction.

               (c)

               Adequate shelter and services shall be provided to the homeless in order to promote their social inclusion.

         20.   Access to essential services

   Everyone has the right to access essential services of good quality, including water, sanitation, energy, transport, financial services and digital communications. Support for access to such services shall be available for those in need.

      Done at Brussels, 26 April 2017.

            For the Commission

         Marianne THYSSEN

            Member of the Commission

      (1)  European Parliament resolution of 19 January 2017 on a European Pillar of Social Rights (2016/2095(INI)).

      (2)  The Bratislava Declaration of 16 September 2016.

      (3)  The Rome Declaration of 25 March 2017.

      (4)  Joint statement of the social partners of 24 March 2017.


title: Commission Recommendation (EU) 2015/914 of 8 June 2015 on a European resettlement scheme

text:
               13.6.2015

               EN

               Official Journal of the European Union

               L 148/32

         COMMISSION RECOMMENDATION (EU) 2015/914
   of 8 June 2015
   on a European resettlement scheme
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union and in particular Article 292 fourth sentence thereof,
   Whereas:

               (1)

               The European Council meeting in extraordinary session on 23 April 2015 recalled the seriousness of the situation in the Mediterranean and expressed its determination that the Union should mobilise all efforts at its disposal to prevent further loss of life at sea and to tackle the root causes of the humanitarian emergency. The European Council further committed to set up a first voluntary pilot project on resettlement across the Union, offering places to persons qualifying for protection (1).

               (2)

               In its resolution of 29 April 2015, the European Parliament called upon the Member States to make greater contributions to existing resettlement programmes and stressed the need to ensure safe and legal access to the Union asylum system (2).

               (3)

               There is currently a significant imbalance between Member States as regards the commitment to resettle persons. Only 15 Member States and three Associated States have a resettlement programme (with one further Member State announcing the start of a resettlement programme), three Member States and one Associated State have carried out resettlement on an ad hoc basis, while the others do not engage in resettlement at all.

               (4)

               In 2014, the number of asylum applicants in the Union reached a peak of 626 000, while 6 380 third-country nationals in need of international protection were resettled in the Union (3). The number of refugees, asylum-seekers and internally displaced people worldwide in 2013 exceeded 50 million people, for the first time since World War II (4).

               (5)

               The Justice and Home Affairs Council Conclusions of 10 October 2014 acknowledged that ‘[…] while taking into account the efforts carried out by Member States affected by migratory flows, all Member States should give their contribution to [resettlement] in a fair and balanced manner’ (5).

               (6)

               On 13 May 2015, the Commission presented a comprehensive European Agenda on Migration (6) that, inter alia, defines a set of immediate measures tailored to respond to the human tragedy in the whole of the Mediterranean.

               (7)

               To avoid displaced persons in need of protection having to resort to the criminal networks of smugglers and traffickers, the Agenda calls the European Union to step up its resettlement efforts. Accordingly, the Commission is making this Recommendation proposing for an EU-wide resettlement scheme to offer 20 000 places on the basis of a distribution key.

               (8)

               In case Associated States decide to participate, the distribution key and allocations per each Member State and participating Associated State would be adapted accordingly.

               (9)

               In the light of previous discussions during a dedicated meeting of the Resettlement and Relocation Forum on 25 November 2014, the distribution key should be based on (a) the size of the population (40 % weighting), (b) the total GDP (40 % weighting), (c) the average number of spontaneous asylum applications and the number of resettled refugees per million inhabitants over the period 2010-2014 (10 % weighting), and (d) the unemployment rate (10 % weighting).

               (10)

               A total of 20 000 persons should be admitted to the Union during a 2-year period of implementation of this scheme by the Member States. The responsibility for hosting such persons should lie solely with the participating States, in line with the relevant Union and international rules. This corresponds to the call by the United Nations High Commissioner for Refugees (UNHCR) who urged European countries to make larger commitments to receive refugees through sustainable resettlement programmes, endorsing the campaign led by the International Organisation for Migration and five non-governmental organisations.

               (11)

               In identifying the priority regions, the situation in the neighbourhood and the current migratory flows should be taken into account, in particular the link with the Regional Development and Protection Programmes in the Middle East, North Africa and the Horn of Africa.

               (12)

               The experience and expertise of the UNHCR and other relevant bodies, including the European Asylum Support Office, should be called upon to assist in the implementation of the resettlement scheme.

               (13)

               Measures should be taken in order to avoid secondary movements of resettled persons from the State of resettlement to other Member States and participating Associated States.

               (14)

               The Commission envisages contributing to the scheme by making available an extra EUR 50 million in the years 2015 and 2016 under the Union Resettlement Programme, set out in Article 17 of Regulation (EU) No 516/2014 of the European Parliament and of the Council (7). In order to optimise the use of the financial incentives, the Commission will adjust the lump sums and resettlement priorities provided for in that programme through a delegated act, in accordance with Article 17(4) and (10) of Regulation (EU) No 516/2014. In case the Associated States decide to participate in the resettlement scheme, they could not benefit from lump sums under Regulation (EU) No 516/2014 in compensation for their pledges,

         HAS ADOPTED THIS RECOMMENDATION:

      EUROPEAN RESETTLEMENT SCHEME

               1.

               The Commission recommends that Member State resettle 20 000 people in need of international protection on the basis of the conditions and the distribution key laid down in this Recommendation.

      DEFINITION AND SCOPE OF THE RESETTLEMENT SCHEME

               2.

               ‘Resettlement’ means the transfer of individual displaced persons in clear need of international protection, on request of the United Nations High Commissioner for Refugees, from a third country to a Member State, in agreement with the latter, with the objective of protecting against refoulement and admitting and granting the right to stay and any other rights similar to those granted to a beneficiary of international protection.

               3.

               The European resettlement scheme should cover all Member States.

      CONTENT OF THE RESETTLEMENT SCHEME

               4.

               The scheme should consist of a single European pledge of 20 000 resettlement places for persons to be resettled. The duration of the scheme should be 2 years from the date of the adoption of the Recommendation.

               5.

               The overall pledged resettlement places should be allocated to Member States in accordance with the distribution key in the Annex. In case Associated States decide to participate in the scheme, the distribution key would be adapted accordingly.

               6.

               The priority regions for resettlement should include North Africa, the Middle East, and the Horn of Africa, focusing in particular on the countries where the Regional Development and Protection Programmes are implemented.

               7.

               Member States and the participating Associated States should remain responsible for individual admission decisions, following adequate medical and security checks, while the United Nations High Commissioner for Refugees should be responsible for the assessment of candidates for resettlement in the priority regions and submitting proposals for resettlement to the Member States and the participating Associated States.

               8.

               When a resettled person is admitted to the territory of a Member State or a participating Associated State, that State should conduct a formal procedure for international protection, including the taking of fingerprints, in a swift manner and in accordance with the applicable legislation, in particular Regulation (EU) No 603/2013 of the European Parliament and of the Council (8), Directive 2011/95/EU of the European Parliament and of the Council (9), Council Directive 2005/85/EC (10), Council Directive 2003/9/EC (11), and, as from 20 July 2015 Directives 2013/32/EU (12) and 2013/33/EU of the European Parliament and of the Council (13).

               9.

               After this process, where international protection or national protection status is granted by a Member State to a resettled person, that person should enjoy, in the resettling Member State, the rights guaranteed to beneficiaries of international protection by Directive 2011/95/EU or similar rights guaranteed by national law. In that context, free movement within the Union should be submitted to the same conditions and restrictions applicable to other third-country nationals legally resident in the Member States. In the case of participating Associated States, equivalent national legislation should apply.

               10.

               Candidates for resettlement should be informed of their rights and obligations, under the resettlement scheme as well as under relevant Union and national asylum legislation, prior to their admission to the territory of the Member States or of participating Associated States, in particular of the consequences of onward movement within the Union and/or participating Associated States and of the fact that they are only entitled to the rights attached to international protection or national protection status in the State of resettlement.

               11.

               Resettled persons who enter into the territory of a Member State or of a participating Associated State other than the State of resettlement without authorisation, either pending the completion of the formal international protection procedure or after granting of international protection, should be sent back to the State of resettlement, pursuant to the rules laid down in Regulation (EU) No 604/2013 of the European Parliament and of the Council (14) and Directive 2008/115/EC of the European Parliament and of the Council (15).

               12.

               Practical involvement of the European Asylum Support Office in the implementation of the scheme should be ensured, in particular, to provide special support to Member States and to participating Associated States, especially those which have no prior experience with resettlement. The European Asylum Support Office should monitor the implementation of the scheme and report regularly on the implementation.

               13.

               Member States should be entitled to receive a financial allocation in proportion of the number of persons resettled in their territory in accordance with the lump sums set out in Article 17 of Regulation (EU) No 516/2014, as adjusted by Commission Delegated Regulation (EU) No xxx/2015 (16).

      ADDRESSEES

               14.

               This Recommendation is addressed to the Member States.

      Done at Brussels, 8 June 2015.

            For the Commission

         Dimitris AVRAMOPOULOS

            Member of the Commission

      (1)  Point 3(q), European Council Statement, 23 April 2015, EUCO 18/15.

      (2)  Points 8 and 10, European Parliament Resolution, 29 April 2015, 2015/2660(RSP).

      (3)
   Source: Eurostat.

      (4)
   Source: Global Trend 2013 Report, UNHCR.

      (5)  Council conclusions on ‘Taking action to better manage migratory flows’, Justice and Home Affairs Council meeting, 10 October 2014.

      (6)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a European Agenda on Migration, 13 May 2015, COM(2015) 240 final.

      (7)  Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC (OJ L 150, 20.5.2014, p. 168).

      (8)  Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, p. 1).

      (9)  Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).

      (10)  Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13).

      (11)  Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (OJ L 31, 6.2.2003, p. 18).

      (12)  Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).

      (13)  Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ L 180, 29.6.2013, p. 96).

      (14)  Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).

      (15)  Article 6(2) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).

      (16)  Still to be tabled.

      ANNEX

                  Member States

                  Key
                  (%)

                  Allocation

                  Austria

                  2,22

                  444

                  Belgium

                  2,45

                  490

                  Bulgaria

                  1,08

                  216

                  Croatia

                  1,58

                  315

                  Cyprus

                  0,34

                  69

                  Czech Republic

                  2,63

                  525

                  Denmark

                  1,73

                  345

                  Estonia

                  1,63

                  326

                  Finland

                  1,46

                  293

                  France

                  11,87

                  2 375

                  Germany

                  15,43

                  3 086

                  Greece

                  1,61

                  323

                  Hungary

                  1,53

                  307

                  Ireland

                  1,36

                  272

                  Italy

                  9,94

                  1 989

                  Latvia

                  1,10

                  220

                  Lithuania

                  1,03

                  207

                  Luxembourg

                  0,74

                  147

                  Malta

                  0,60

                  121

                  Netherlands

                  3,66

                  732

                  Poland

                  4,81

                  962

                  Portugal

                  3,52

                  704

                  Romania

                  3,29

                  657

                  Slovakia

                  1,60

                  319

                  Slovenia

                  1,03

                  207

                  Spain

                  7,75

                  1 549

                  Sweden

                  2,46

                  491

                  United Kingdom

                  11,54

                  2 309

            The key is based on the following criteria (1)
          (2):

                  (a)

                  The size of the population (2014 figures, 40 % weighting). This criterion reflects the capacity of a Member State to absorb a certain number of refugees;

                  (b)

                  Total GDP (2013 figures, 40 % weighting). This criterion reflects the absolute wealth of country and is indicative for the capacity of an economy to absorb and integrate refugees;

                  (c)

                  Average number of spontaneous asylum applications and the number of resettled refugees per million inhabitants over the period 2010-2014 (10 % weighting). This criterion reflects the efforts made by Member States in the recent past;

                  (d)

                  Unemployment rate (2014 figures, 10 % weighting). This criterion reflects the capacity to integrate refugees.

         (1)  Calculations are based on statistical information provided by Eurostat (consulted on 8 April 2015).

         (2)  The percentage calculations were made to five decimal places and rounded up or down to two decimal places for presentation in the table; allocations of persons were made on the basis of the full figures to five decimal places.


Avis juridique important

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32001H0290

Commission Recommendation of 21 March 2001 on the basic parameters of the trans-European high-speed rail system referred to in Article 5(3)(b) of Directive 96/48/EC (Text with EEA relevance) (notified under document number C(2001) 745)

Official Journal L 100 , 11/04/2001 P. 0017 - 0026

Commission Recommendationof 21 March 2001on the basic parameters of the trans-European high-speed rail system referred to in Article 5(3)(b) of Directive 96/48/EC(notified under document number C(2001) 745)(Text with EEA relevance)(2001/290/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system(1), and in particular Article 6(1) thereof,Whereas:(1) The first stage in developing technical specifications for interoperability (TSIs) is to establish the characteristics of the basic parameters referred to in Article 5(3)(b) of Directive 96/48/EC.(2) The Committee set up by Directive 96/48/EC has appointed the European Association for Railway Interoperability (AEIF) as the joint representative body in accordance with Article 2(h) of that Directive.(3) The AEIF has drafted a text which includes definitions and proposals of characteristics to be respected for a number of basic parameters, based on the list contained in Annex II to Directive 96/48/EC and by adding those judged necessary in terms of interoperability.(4) The first objective of this Recommendation is to guide the technical choices made by authorities responsible for planning, constructing, upgrading and operating the infrastructure and rolling stock to be put into service after the date on which this Recommendation takes effect, contributing to the operation of the rail system referred to in Directive 96/48/EC.(5) The second objective of this Recommendation is to establish a common basis for the elaboration of TSIs. It does not preclude the need to establish these parameters in the corresponding TSIs, which will be adopted in accordance with Article 6(1) of Directive 96/48/EC. These parameters can also be updated as part of the review of the TSIs provided for in Article 6(2) of that Directive. In this context, the final results of the Safetrain project shall be taken into account in the revision of the parameter on boundary mechanical characteristics of rolling stock, as soon as they are made available to AEIF.(6) Directive 96/48/EC provides for special implementing provisions in some specific cases. The specific cases mentioned in this Recommendation are not intended to be an incentive to maintain network discrepancies but rather a recognition of current important national specificities.(7) The provisions contained in this Recommendation are in accordance with the opinion of the Committee set up by Directive 96/48/EC,HEREBY RECOMMENDS:1. The definitions and characteristics which should be respected for a number of basic parameters of the trans-European high-speed railway system referred to in Article 5(3)(b) of Directive 96/48/EC are given in the Annex to this Recommendation.2. This Recommendation is addressed to the Member States.Done at Brussels, 21 March 2001.For the CommissionLoyola De PalacioVice-President(1) OJ L 235, 17.9.1996, p. 6.ANNEXPreamble:In the text that follows:(a) the three line categories defined in Annex I(1)(b) to Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system, are referred to as:- category I: specially built high-speed lines equipped for speeds generally equal to or greater than 250 km/h,- category II: specially upgraded high-speed lines equipped for speeds of the order of 200 km/h,- category III: specially upgraded high-speed lines which have special features as a result of topographical, relief or town-planning constraints, on which the speed must be adapted to each case.(b) The specific cases provided for in Article 5(3)(d) of Directive 96/48/EC are mentioned. However, the conditions of application for the TSIs in these specific cases will be determined in the corresponding TSIs, as well as the tolerances when these are not included in the present Recommendation.(c) Ireland and Northern-Ireland are not subject to the characteristics to be respected in the following basic parameters: 1, 2, 3, 5, 6, 8 and 16. Appropriate specific cases will be defined in the TSIs for these basic parameters in the context of the Irish standard structure gauge for new works, and the Irish standard track gauge of 1602 mm for continuously welded track.1. MINIMUM GAUGES FOR INFRASTRUCTURE AND ROLLING STOCK1.1. Description of the parameterThe gauge is a concept designed to define external sizes so that rolling stock can be operated without encountering any obstacle associated with fixed installations (tunnel walls, catenary or signal posts, bridge parapets, platforms, etc.). The parameter is thus two-fold: the structure gauge which defines the minimum size of the infrastructure, and the gauge of the rolling stock which defines its maximum size.1.1.1. Structure gaugeThis is related to the infrastructure. It must leave the defined cross-section totally free of obstacles.1.1.2. Rolling stock gaugeThis is defined in terms of the envelope within which the rolling stock is contained when operating.1.1.3. Interaction rolling stock/structure gaugesUsing the above definitions, the gauge of rolling stock travelling on a given line section must always be smaller, by an appropriate safety margin, than the structure gauge of the line in question.1.2. Characteristics to be respected1.2.1. Infrastructure gaugesThe minimum gauge for infrastructure on future category I lines is the GC gauge.The minimum gauge for infrastructure on existing category I lines and category II lines is the GB gauge. The GC gauge is recommended where an economic survey can prove the advantages of such an investment.1.2.2. Rolling stock subsystemThe three UIC gauges 505-1, GB and GC are applicable. Operators can chose the gauge they consider most appropriate to their needs, taking into account the structure gauge of the routes on which the rolling stock will be operated.1.2.3. Special casesIn Great Britain the UK1 gauge is being used for category II and III lines and rolling stock being operated on these lines.The FIN1 gauge is being used for lines on the territory of Finland.2. MINIMUM RADIUS OF CURVATURE2.1. Description of the parameterThe radius of curvature of a track determines the amplitude of curvature in the track when it is not straight. The radius of curvature, the cant and the cant deficiency and the maximum speed at which a vehicle can operate on the curve are four interdependent parameters.The minimum radius of curvature will be based on three other parameters: maximum cant, maximum deficiency and the maximum speed permitted on the line by the infrastructure operator.2.2. Characteristics to be respectedThe following characteristics refer to the standard track gauge as defined in point 3. For other gauges, equivalent provisions are to be defined in the correspondent TSIs.2.2.1. CantThe cant chosen for new high-speed lines in the design phase shall be limited to 180 mm. On tracks in operation, a maintenance tolerance of +- 20 mm is allowed, without trespassing a maximum cant of 190 mm.This value may be raised to 200 mm maximum on tracks reserved for passenger traffic alone.2.2.2. Cant deficiency2.2.2.1. Lines specially built for high speedThe cant deficiency value chosen in the design phase for these lines shall be limited to the values shown in the table below, according to the maximum speed of the line:>TABLE>Values of cant deficiency higher than shown in the above table may be allowed for lines whose construction involves very tough topographical constraints. These will be specified in the TSI on infrastructure.2.2.2.2. Lines specially upgraded for high speed and connecting linesThe cant deficiency allowed for high-speed trains on upgraded existing lines and their connecting lines shall be limited by design to the values in the table below, according to the line's maximum speed:>TABLE>The same values may be applied on existing high-speed lines.Values of cant deficiency higher than shown in the above table may be allowed for lines whose construction involves very tough topographical constraints. These will be specified in the TSI on infrastructure.2.2.2.3. Cant deficiency on diverging track of switchesDuring project design, the maximum values of cant deficiency on diverging track of switches shall be:- 120 mm for switches allowing turnout speeds of 30 <= V <= 70 km/h,- 100 mm for switches allowing turnout speeds of 70 <  V <= 170 km/h,- 85 mm for switches allowing turnout speeds of 170 <  V <= 230 km/h.A tolerance of 10 mm on the previous values may be accepted for existing switches laid on lines to be upgraded for high speed.2.2.3. Tilting trainsAuthorisation to operate at a higher speed is granted to tilting trains or trains that are fitted with systems which enhance their performance under the condition that access for interoperable trains not fitted with similar equipment will not be restricted.2.2.4. Sidings and stabling tracksThe minimum curve radius in sidings and stabling tracks is 150 m for the theoretical radius, with a maintenance tolerance of 25 m.3. TRACK GAUGE3.1. Description of the parameterTrack gauge is the distance between the gauge faces of the railheads measured at a height of 14,5 mm (+- 0,5 mm) below the rail running surface.3.2. Characteristics to be respectedThe track gauge is set at 1435 mm, based on the standard European network. The theoretical design values can be between 1435 and 1437 mm. Tolerances are to be defined in the infrastructure TSI.3.3. Specific casesThe following values are acceptable:- a gauge of 1524 mm may be used on the territory of Finland;- a gauge of 1668 mm on the territory of Portugal, for lines of categories II and III.4. MAXIMUM TRACK STRESSING4.1. Description of the parameterAny vehicle being operated on a rail track generates interaction forces at the level of rail-wheel contact in three directions: vertically, transversally and longitudinally.These interaction forces are mainly due to the physical properties of the guided railway system given below:- vertical static load of the vehicle,- quasi-static load due to operating on curves for transversal forces, where they depend directly on cant deficiency at high speed, or to accelerating or decelerating forces for longitudinal forces,- dynamic load due to faults in track geometry along the vertical and transversal planes, resulting from the track's geometry quality, cant deficiency and the design of the vehicle suspension,- dynamic load due to the possible instability of the bogies, resulting from parameters associated with wheel-rail contact.4.2. Characteristics to be respectedThe following rules must be respected:- infrastructure shall be able to withstand at least a lateral load per axle equal to>PIC FILE= "L_2001100EN.002001.EPS">in kN, P being in kN the static load per axle of any interoperable train,- all interoperable vehicles shall demonstrate that they will not transmit to the track a lateral load higher than>PIC FILE= "L_2001100EN.002101.EPS">P being in kN the static load per axle of this vehicle,- limit the quotient of transversal and vertical load on a wheel: (Y/Qlim) = 0,8, where Y is the dynamic transverse force and Qlim is the vertical force exerted by a wheel on the rail,- avoid bogie instability by controlling the "equivalent conicity" parameter to 0,15 with used rails and wheels,- limit longitudinal acceleration to 2,5 m/s2.The above criteria must be respected, given the following provisos:- the maximum value of the static axle load P is given in section 9,- the maximum limit of the dynamic wheel load (Q) is:>TABLE>- the equivalent conicity shall be equal to or less than: 0,25 for speeds less than or equal to 280 km/h; 0,30 for speeds less than or equal to 250 km/h; 0,35 for speeds less than or equal to 230 km/h; 0,40 for speeds less than or equal to 200 km/h. Speeds higher than 230 km/h concern category I lines and speeds less than or equal to 250 km/h concern categories II and III lines.5. MINIMUM PLATFORM LENGTH AND MAXIMUM TRAIN LENGTH5.1. Description of the parameterThe whole train set of a passenger train must be positioned along a platform when it stops in a scheduled station to enable passengers to board and leave the train safely. This requires a match between the length of the platform and the train set. The length of the platform must be adapted to the operational length of the train set, as well as to certain operating rules such as good visibility of the departure signal.5.2. Characteristics to be respected- Train length: less than or equal to 400 m (with a tolerance of 1 %),- Operational length of a platform: at least 400 m.5.3. Specific casesThe following values are acceptable:- on the territory of Great Britain and category II/III lines: maximum train length of 320 m and minimum operational platform length of 300 m,- on the territory of Sweden: minimum operational platform length of 225 m,- on the territory of Denmark: the minimum operational platform length is 320 m,- on the territory of Finland: the minimum operational platform length is 350 m.6. PLATFORM HEIGHT6.1. Description of the parameterPlatform height is measured between the track running surface and the platform surface along the perpendicular.6.2. Characteristics to be respectedThe two permissible platform heights: 550 and 760 mm.6.3. Specific casesThe following values are acceptable:- on the territory of Great Britain, a platform height of 915 mm,- on the territory of the Netherlands, a platform height of 840 mm.7. POWER SUPPLY VOLTAGE7.1. Description of the parameterThe average power voltage and spectrum available at the pantographs must be specified.7.2. Characteristics to be respected7.2.1. Category I linesThe power supply voltage for this category is 25 kV 50 Hz.In countries with networks currently electrified at 15 kV 162/3 Hz AC, this system may be used for new lines. The same system may also be applied in adjacent countries when it can be economically justified; in accordance with Article 7 of Directive 96/48/EC.3 kV DC may be used in Italy for existing lines and for sections of new lines up to 250 km/h where 25 kV 50 Hz lines run the risk of disturbing ground-based and on-board signalling equipment on an existing line adjacent to the new line.7.2.2. Existing category I lines and lines in categories II and IIIThe following voltages are to be used: 1,5 kV and 3 kV DC, 15 kV 162/3 Hz and 25 kV 50 Hz AC.8. CATENARY GEOMETRY8.1. Description of the parameterHigh-speed trains are supplied from the overhead contact line by means of pantographs. The reliable interaction of overhead contact line and pantograph is an important condition for the interoperable trans-European high-speed rail system. The interaction depends on the compatibility of the geometry of overhead contact lines and pantographs which is defined by the contact wire height, the permissible lateral position of the contact wire with and without action of crosswinds and on the dimensions of pantographs. The selection of the contact wire height depends also on the climatic conditions to be considered, especially on the ice load which could occur along the line route.8.2. Characteristics to be respected8.2.1. Contact wire heightOn high-speed lines a constant contact wire height should be used in a defined part of the trans-European high-speed rail system, characterised for example by the adopted electrification system. Two values are possible: 5080 mm and 5300 mm. The latter value should be used where ice loads have to be considered.For direct current lines a minimum contact wire height of 5000 mm can be specified as the same level of safety would result as in the case of alternative current lines with 5080 mm.On category II and III lines, the contact wire height is subject to the limits set by local conditions. Special care has to be given to the transitions between differing contact wire heights. The following permissible gradients must be met:>TABLE>8.2.2. Dimension of pantographsThe width of the European standard pantograph collector head is 1600 mm with a working range of 1200 mm and a length of the collector strips of 800 mm.8.2.3. Permissible maximum lateral positionThe permissible lateral position of the contact wire has to be adjusted to the working range of the pantograph head and collector strips. The permissible maximal lateral deflection of the contact wire under crosswind is 400 mm.8.2.4. Specific cases8.2.4.1. Germany, Austria, Spain and SwedenTrains circulating on existing category I lines, on category II and category III lines, as well as in the stations, must be equipped with secondary 1950 mm pantographs.8.2.4.2. Great BritainThe nominal contact wire height on category II and III lines in the United Kingdom is 4720 mm (minimum 4170 mm, maximum 5940 mm).8.2.4.3. FinlandThe height of the contact wire is 6150 mm. Trains may be equipped with 1950 mm pantographs.9. AXLE LOAD9.1. Description of the parameterWhen a train circulates on a rail track, the rail undergoes load strain and this must be tolerated. These loads are both static and dynamic and are transferred to the track through the axles.The track and rolling stock must be constructed and maintained in such a way as to ensure that these loads remain within the line safety limits.9.2. Characteristics to be respectedAxle load applied to the track may not exceed 170 kN.For speeds less than or equal to 250 km/h, an axle load of 180 kN is accepted in the case of motorised axles.A tolerance of 4 % is permitted for each of the axles and a tolerance of 2 % for the average load on the axles of the same train.10. BOUNDARY ELECTRICAL CHARACTERISTICS OF ROLLING STOCK10.1. Description of the parameterThis parameter targets the following characteristics:(a) the voltage and frequency of the electricity supply,(b) the power factor,(c) the interference generated on the signalling and telecommunication system,(d) radio frequency interference,(e) electromagnetic immunity of on-board equipment.10.2. Characteristics to be respectedThe characteristics to be respected are the following:(a) voltage and frequency of the electricity supply:The voltage at the terminals of the substation and at the pantograph(s) shall comply with prEN 50 163 draft 1, 1/2000, section 4.1. Principal values are given below:>TABLE>In AC 25 kV 50 Hz systems the frequency may vary between 49 and 51 Hz, in AC 15 kV 162/3 Hz systems between 161/3 and 17 Hz;(b) power factor: a minimum value of 0,95 must be respected for rolling stock running on category I lines. A full set of power factor requirements are given in prENXXX(CII);(c) interference generated on the signalling and telecommunication system: these characteristics vary in relation to the signalling and telecommunication system and will be specified in the corresponding TSIs. They will be covered by a heading in the infrastructure register;(d) radio frequency interference: European standard 50 121;(e) electromagnetic immunity of on-board equipment: European standard 50 121.11. BOUNDARY MECHANICAL CHARACTERISTICS OF ROLLING STOCK11.1. Description of the parameterAll rolling stock must protect passengers and staff in the event of a collision accident. This protection is based on building methods that must absorb the energy of the collision, restrict deformation of carriage bodies and prevent overriding.Three collision scenarios are defined:1. symmetrical collision at a relative speed of 36 km/h between the same high-speed train sets;2. collision at a speed of 36 km/h between one high-speed train set and a rail vehicle equipped with side buffers (freight car compliant with UIC 571-2 leaflet, 80 t in weight);3. collision at a speed of 110 km/h on a level crossing with a road vehicle of 15 t represented by a rigid mass above top-of rail with a vertical impact surface.11.2. Characteristics to be respectedScenario 1: the driver's cabin must not deform.Scenarios 2 and 3: the driver's cabin may deform. In the rear of the cabin, there must be a non-deforming survival space for the driver of at least 0,75 m in length, and there must be free access to the side doors or to the technical room or passenger compartment located behind the cabin.In other respects:- at least 6 MJ of energy must be absorbed, 75 % of it in the front of the first car in the train set; the rest must be spread over each intercar along the train set;- there must be an enhanced resistance for passenger compartments in the front car and for the driver's survival space. The sections limiting these spaces must be designed with static resistance of at least 1500 kN over the average crash train of the fusible areas for all three test collisions,- the resistance of the other cars must be consistent with that of the cars at the front and back of the train set,- crash-generated forces across fusible areas must not lead to an average deceleration of more than 5 g in the passenger compartments of the front car and in the driver's survival space,- there must be systems to prevent overriding at the front of the train and between each vehicle.12. BOUNDARY CHARACTERISTICS LINKED TO OUTSIDE ELECTROMAGNETIC INTERFERENCE12.1. Description of the parameterElectromagnetic compatibility must be specified:- between control/command subsystem equipment and the outside of the high-speed rail system on the one hand,- between the control/command subsystem equipment and the other subsystems on the other hand.The compatibility between the energy subsystem and the control/command subsystem is dealt with in section 10.12.2. Characteristics to be respectedStandard EN 50 121 applies.13. BOUNDARY CHARACTERISTICS LINKED TO INSIDE NOISE13.1. Description of the parameterThese characteristics define the maximum noise level inside a train.13.2. Characteristics to be respectedThe interior noise level of passenger vehicles is not considered to be an interoperability constituent. However, the noise level within the driver's cab must be limited for safety reasons and here the boundary permissible value of noise at an equivalent level for 30 minutes (Leq dB(A) over 30 minutes) is 84 dB(A) (measured at 300 km/h in open country as defined in UIC leaflet 651).14. MAXIMUM LIMIT FOR PRESSURE VARIATIONS14.1. Description of the parameterOperating trains in tunnels generates pressure waves, which depend on the aerodynamic properties of the nose and the tail, of the friction characteristics of the train and tunnel surfaces (hence of the train length), of the speed and of the blockage ratio - the ratio of the train cross section area to the free air section area of the tunnel. These waves are usually composed of sharp fronts corresponding to the train nose and tail leaving the tunnel, with smoother evolutions in between. They are subject to propagation along the tunnel space at the speed of sound, with reflections at the open air ends of the tunnel and an amplitude reversal. If two trains pass in a tunnel, the resulting pressure at any given point in the tunnel or any given time, is equal to the sum of the propagating waves inside the tunnel and of the pressure variation which follows the train during its run.Two different types of risks are associated with these pressure variations, as far as passengers are concerned:- above a certain level of pressure amplitude, there may be a risk of severe trauma to the ear drum,- at lower amplitude values, the risk is of some aural discomfort.14.2. Characteristics to be respectedThe maximum limit for pressure variations that passengers must be subjected to in the worst conditions is 10000 Pa. This value is based solely on the impact to health. It does not take into account the comfort of passengers.15. MAXIMUM GRADIENTS15.1. Description of the parameterSteel-to-steel contact between wheel and rail gives a limited adhesion coefficient. This means that:- the required traction power for a given mass grows rapidly as the upward gradient increases,- braking distances, which depend on train speed and load, increase significantly depending on the downward gradient.Maximum gradients are decided taking into account the planned usage of the line and the maximum value indicated hereafter.15.2. Characteristics to be respectedThe maximum value for category I high-speed lines is 35 [permil  ], provided the following requirements are observed:- the downward gradient of the sliding average profile over 10 km is less than or equal to 25 [permil  ],- the maximum length of continuous 35 [permil  ] gradient (upward or downward) does not exceed 6000 m.15.3. Specific caseThe maximum gradient on the German Cologne-Rhine/Main high-speed line is 40 [permil  ].16. MINIMUM TRACK CENTRE DISTANCE16.1. Description of the parameterTrack centre distance is an infrastructure parameter linked to two different functional requirements.- It must be defined in such a way that under no circumstances is there any risk that two vehicles running on adjacent tracks can collide; this is normally done by respecting the infrastructure gauge defined for the line, for each of the concerned tracks.- It must be defined in such a way that the aerodynamic effects on crossing trains are compatible with the rolling stock design.16.2. Characteristics to be respected16.2.1. Future category I linesThe minimum track centre distance is 4,5 m (in conjunction with infrastructure gauge C).This value may be reduced to 4,2 m for speeds up to 300 km/h, and 4 m for speeds up to 250 km/h.16.2.2. Category II linesTrack centre distance is fixed at 4 m for lines operated at speeds in excess of 220 km/h. For lower speeds, it is sufficient to meet infrastructure gauge requirements.16.2.3. Specific casesIn Great Britain, the track centre distance is reduced to 3165 mm, taking into account the UK1 gauge for category II and III lines.In Spain, a value of 3808 mm is applied for category II lines.17. CARRIAGE OF DISABLED PERSONSRolling stock and infrastructure have to take into account as appropriate the results of the COST 335 action. Mandatory specifications will be indicated in the correspondent TSIs.


Avis juridique important

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31999H0130

1999/130/EC: Commission Recommendation of 18 November 1998 on ratification of International Labour Organisation (ILO) Convention 180 concerning seafarers' hours of work and the manning of ships, and ratification of the 1996 Protocol to the 1976 Merchant Shipping (minimum standards) Convention (notified under document number C(1999) 372)

Official Journal L 043 , 17/02/1999 P. 0009 - 0010

COMMISSION RECOMMENDATION of 18 November 1998 on ratification of International Labour Organisation (ILO) Convention 180 concerning seafarers' hours of work and the manning of ships, and ratification of the 1996 Protocol to the 1976 Merchant Shipping (minimum standards) Convention (notified under document number C(1999) 372) (1999/130/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 155, second indent, thereof,Whereas ILO Convention 180 concerning seafarers' hours of work and the manning of ships, adopted at the 84th maritime session of the International Labour Conference of 22 October 1996, prescribes working and resting hours for seamen working on board ships;Whereas the Convention's aims, promotion of the health and safety of workers, the improvement of maritime safety and the protection of the marine environment, are also objectives of the Community;Whereas the 1996 Protocol to Convention 147 on Merchant Shipping (minimum standards) of 1976, which was adopted at the same time as Convention 180, includes in its additional annex Convention 180 concerning seafarers' hours of work and the manning of ships of 1996;Whereas Article 4 of the Merchant Shipping (minimum standards) Convention to which the 1996 Protocol refers back, stipulates that a country that has ratified the Convention may inspect a ship calling in at one of its ports so as to verify that the living, working and safety conditions of the crew conform with the provisions of the Conventions annexed to the Merchant Shipping Convention;Whereas the Commission has just submitted to the Council a proposal for a Directive, adopted under the Social Protocol, on the Europe Agreement on the organisation of working time of seafarers, which is based on Convention 180;Whereas this proposal only covers seamen working on ships flying Member State flags;Whereas the provisions on the working time of seafarers can only be applied and enforced in the Community in respect of ships flying third country flags if Convention 180 takes effect and if the 1996 Protocol to the 1976 Merchant Shipping (minimum standards) Convention is ratified by the Member States of the Community;Whereas the entry into force of Convention 180 and of the 1996 Protocol to the 1976 Merchant Shipping (minimum standards) Convention will enable the Member States which have ratified Convention 180 and the 1996 Protocol to monitor, on the basis of a Council Directive, the application of Convention 180's working time rules on all ships calling in at Community ports;Whereas compliance with Convention 180 will help improve maritime safety in the European Union and put ships flying Member State flags on an equal footing with those flying the flags of the various third countries;Whereas it is desirable that the Directive on the application of the working hours of seamen on board ships calling in at Community ports should enter into force at the same time as the Directive on implementation of the Europe Agreement on the organisation of working time of seafarers and, to this end, it is important that the Member States ratify Convention 180 and the 1996 Protocol and deposit the instruments of ratification with the International Labour Office as soon as possible,HEREBY RECOMMENDS:1. Member States which have not yet done so be requested to ratify ILO Convention 180 concerning seafarers' hours of work and the manning of ships, adopted on 20 October 19962. Member States which have not yet done so be requested to ratify the 1996 Protocol to Convention 147 on Merchant Shipping (minimum standards) of 19763. Member States be requested to inform the Commission within one year of publication of this recommendation of the measures taken to implement it.Done at Brussels, 18 November 1998.For the CommissionPádraig FLYNNMember of the Commission