Avis juridique important

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31970H0127

70/127/EEC: Commission Recommendation of 22 December 1969 to the French Republic of the adjustment of the State monopoly of a commercial character in explosives (Only the French text is authentic)

Official Journal L 031 , 09/02/1970 P. 0024 - 0025 Danish special edition: Series II Volume VI P. 0036  English special edition: Series II Volume VI P. 0033

COMMISSION RECOMMENDATION of 22 December 1969 to the French Republic on the adjustment of the State monopoly of a commercial character in explosives (Only the French text is authentic) (70/127/EEC) I    1. The French Government, by letter of 14 February 1959, informed the Commission of the European Economic Community that explosives are in France subject to a State monopoly of a commercial character within the meaning of Article 37 of the EEC Treaty.  Under that provision Member States are required progressively to adjust State monopolies of a commercial character so as to ensure that, when the transitional period has ended, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States.  However, it should be noted in the first place that the obligation to adjust the monopoly laid down in Article 37 may be limited in some degree by Article 223 (1) (b) according to which : "any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material ; such measures shall not adversely affect the conditions of competition in the common market regarding products which are not intended for specifically military purposes".  Since explosives are not included in that list, Article 37 applies to them.       2. On 29 July 1966 the Commission recommended the French Government:      - to ensure that permits for the importation from other Member States of products not appearing in the list adopted by the Council on 15 April 1958, should be granted to individuals without delay within a quota to be fixed on the basis of the principles laid down in Article 33 of the Treaty:           - to increase that quota each year in accordance with the principles laid down in that Article and with a view ultimately to abolishing all import restrictions;           - to fix selling prices so that, apart from customs duties, the same margin between delivery price and selling price should be applied in respect of products imported from the other Member States as in respect of domestic products for which the delivery price is the same.                  3. On 7 August 1967 the French Government, in reply to that Commission Recommendation, stated for which of the products subject to the explosives monopoly it proposed, from 1 January 1968, to grant import permits. either without quantitative restrictions or within quotas while reserving to themselves the right, if national regulations in force in other Member States, and security regulations in particular, should have harmful effects in France, to draw the appropriate conclusions in regard to the adjustments proposed.  On 6 February 1968 the French Government informed the Commission that it considered it needed an opportunity to establish and assess the effects of the measures of adjustment announced on 7 August 1967 before making any new adjustments to the monopoly in explosives. The French Government was therein referring to the question of imports of military explosives which could also be put to civilian uses.       4. With regard to most kinds of explosives intended for civilian purposes as well as explosives which, although in general intended for specifically military purposes, are also in certain industries used for civilian purposes, the objectives of Article 37 have not yet been attained.  In fact, a study of the French Government's reply of 23 May 1969 to a request from the Commission shows that, with regard to the obligation to make the adjustments provided for in Article 37, the question of imports of military explosives for which there exist civilian uses has not yet been satisfactorily resolved. Moreover, the import quotas granted since 1 January 1968 for certain of the products subject to the monopoly, have not increased in a manner which will result in the total liberalization of imports by 31 December 1969. The French Government has confined itself to deciding that imports of these  products in 1969 may amount to at least 10 % by quantity of national production. It is true that the French Government has recently accepted the principle of a major adjustment to the monopoly. However, the Commission does not dispose of any information enabling it to assess the proposed measures in relation to the obligations under the EEC Treaty.       5. The Commission considers that, since the end of the transitional period is approaching, measures should now be adopted, as laid down in Article 37, to bring to an end all discrimination between nationals of Member States regarding the conditions under which goods are procured and marketed.  Article 37, which comes under the Title relating to the free movement of goods and, more particularly, under the Chapter concerning the elimination of quantitative restrictions between Member States, aims at achieving by the end of the transitional period in respect of products subject to a State monopoly of a commercial character (or a like system) the same result as that achieved for other products by the application of Articles 30 to 34, that is to say the free movement of goods.  However a different procedure was provided in order to achieve that result in the sectors covered by State monopolies. Their progressive adjustment was provided for partly in order to take account of the fact that in the view of the Member States concerned the products subject to a monopoly presented special problems and partly so that the elimination of quantitative restrictions and of measures having an equivalent effect in those sectors should not be without practical result. There were indeed grounds for fearing that the liberalization of trade in respect of the products subject to a monopoly could not take place if the monopolies, by virtue of their exclusive right to import, export and market certain products, were to remain free to decide to what extent and under what conditions products from other Member States could be allowed on the domestic market (or, conversely, to what extent domestic products could be exported to other Member States).  It is for that reason that Article 37 contains the provision designed "to ensure that when the transitional period has ended no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States".  It should be stressed that the ending of discrimination resulting directly from provisions applicable to products subject to a monopoly is not the only requirement laid down in Article 37 ; that objective could be attained, in the absence of an article governing State monopolies, by means of other provisions of the Treaty, in particular those prohibiting charges having an equivalent effect to customs duties and measures having an equivalent effect to quantitative restrictions. It follows from what has been said above in relation to the special characteristics of State monopolies and of the restrictions to which they can give rise that the objective of the "adjustment", i.e. of ensuring that "no discrimination exists", is to eliminate the possibility that the particular powers vested in the monopolies in respect of the importing and domestic marketing, or the exporting, of certain products might at the end of the transitional period still give rise to discrimination.  Since these are the objectives laid down in Article 37, it is incumbent upon France to adjust the monopoly in explosives before the end of the transitional period in order that the objectives may be attained. On the other hand, it is for the Commission, in addition to its general duty to ensure that the Treaty is implemented, to make recommendations in accordance with Article 37 (6) as to the manner in which the adjustment provided for in that Article shall be carried out.  With regard to the monopoly in explosives, the Commission observes that the increase in the import quotas granted for certain products has not been followed by a total liberalization of imports from other Member States and that no import openings exist for military explosives which could also be put to civilian uses.  For these reasons, the Commission considers that the best solution for achieving the objective laid down in Article 37, because there is no doubt that it will be effective, is to abolish the exclusive right of the "Service des Poudres to import and market explosives, in so far as that right concerns trade between Member States.   II  On these grounds the Commission recommends the French Republic, with regard to explosives not listed in the Council Decision of 15 April 1958 pursuant to Article 223 (2) of the EEC Treaty and subject to the provisions concerning public security and the protection of human life contained in Article 36 of the EEC Treaty, to take the following measures, in accordance with Article 37 of the Treaty:      1. To allow explosives to be imported from Member States without any restriction. To that end all formalities necessary for the introduction of these products on to the French market must be such as can be carried out directly by the buyers or persons appointed by them so that the latter may immediately dispose of the products without the intervention of the Service des Poudres.           2. To allow all operations necessary for the marketing of explosives from other Member States to be freely carried out on the French market. To that end, in particular:        - to allow suppliers from other Member States to set up their own wholesale or retail trade network in France and to hold stocks there;                - to allow suppliers from other Member States to advertise their products freely:               - to allow prices for products from other Member States to be freely agreed between sellers and buy ers at the different stages of marketing.                    Done at Brussels, 22 December 1969.  For the Commission  The President  Jean REY


title: 2014/662/EU: Commission Recommendation of 10 September 2014 on good practices to prevent and to reduce the presence of opium alkaloids in poppy seeds and poppy seed products  Text with EEA relevance

text:
               12.9.2014

               EN

               Official Journal of the European Union

               L 271/96

         COMMISSION RECOMMENDATION
   of 10 September 2014
   on good practices to prevent and to reduce the presence of opium alkaloids in poppy seeds and poppy seed products
   (Text with EEA relevance)

      (2014/662/EU)

   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Poppy seeds are obtained from the opium poppy (Papaver somniferum L.). They are used in bakery products, on top of dishes, in fillings of cakes and in desserts and to produce edible oil. The opium poppy plant contains narcotic alkaloids such as morphine and codeine. Poppy seeds do not contain the opium alkaloids or contain only very low levels, but can become contaminated with alkaloids as a result of insect damage, or through external contamination of the seeds during harvesting, when particles of dust from the straw (including capsule wall) adhere to the seeds.

               (2)

               The Scientific Panel on Contaminants in the Food Chain (Contam) of the European Food Safety Authority (EFSA) has provided a scientific opinion on the risks for public health related to the presence of opium alkaloids in poppy seeds intended for human consumption (1).

               (3)

               Estimates of dietary exposure to morphine from foods containing poppy seed demonstrate that the Acute Reference Dose (ARfD) can be exceeded during a single serving by some consumers, particularly children, across the Union.

               (4)

               It is therefore appropriate that good practices are applied to prevent and to reduce the presence of opium alkaloids in poppy seeds and poppy seed products,

         HAS ADOPTED THIS RECOMMENDATION:
   Member States are recommended to take the necessary measures to ensure that the good practices for preventing and reducing the presence of opium alkaloids in poppy seeds and poppy seed products, as described in the Annex to this Recommendation, are implemented by all operators involved in the production and processing of poppy seeds.

      Done at Brussels, 10 September 2014.

            For the Commission

         Tonio BORG

            Member of the Commission

      (1)  EFSA Panel on Contaminants in the Food Chain (Contam); Scientific Opinion on the risks for public health related to the presence of opium alkaloids in poppy seeds. EFSA Journal 2011;9(11):2405. (150 pp.) doi:10.2903/j.efsa.2011.2405. Available online: www.efsa.europa.eu/efsajournal

      ANNEX
      I.   Good agricultural practices to prevent the presence of opium alkaloids during growing, harvesting and storage

      The presence of morphine and other alkaloid compounds is mainly due to external contamination especially through inappropriate plant protection and harvesting-cleaning procedures. Other factors influencing the alkaloid contamination of poppy seeds and products are, e.g. the variety of poppy plant and growth conditions like drought and fungi as stress factors. In addition, insects play a major role in the contamination of poppy seeds.

         Choice of poppy plant variety

      Poppy plant varieties can be grouped into two categories:

                  (a)

                  poppy plant varieties which are cultivated for the production of poppy seeds for food use only. These varieties contain a low level of opium alkaloids;

                  (b)

                  poppy plant varieties which are cultivated for pharmaceutical purposes but of which the seeds, as by-product, are used for food. Compared to the pod and straw, the poppy seeds contain relatively low levels of opium alkaloids.

         Adequate pest and disease control

      Not all pests and diseases referred to in this section do occur in all production regions in the Union. Therefore the control measures for those pests and diseases are only relevant for the production regions where they occur.
      There are two important diseases of poppy plants: Peronospora arboresces (downy mildew) and Pleospora papaveracea. The mycelium of those fungi penetrates the capsules, thus leading to a poor quality crop which results in prematurely ripened dark to black seed. The diseases also cause deterioration of sensory properties of poppy, i.e. taste and colour, and this mouldy seed, different in colour, cannot be completely separated by the cleaning line.
      Substantial decrease in food quality is also brought about by poppy pests attacking the poppy growth at later development stages. Most often it concerns the capsule weevil (Neoglycianus maculalba) and capsule midge (Dasineura papaveris). The capsule weevil lays eggs inside the young green capsules. The larvae hatched inside poppy heads feed on the inside of capsules (developing poppy seeds) and make the inside of capsules dirty, damage poppy seed and finally leave the capsule through the gnawed out holes. This hole is used by capsule midge to lay eggs. The ripe capsule contains up to 50 orange larvae which ultimately complete the destruction of the capsule. The seeds are black, underdeveloped and inedible.
      More relevant is the fact that the penetration by the mycelium and weevils means the ‘poppy tears’ and the milky latex released contaminates the seeds. Those problems are inherent to all poppy plant production.
      Therefore it is recommended to control those diseases and pests adequately in case they occur.

         Prevention of bad harvesting conditions caused by lodging of plants

      Lodging can be avoided by a large extent when sowing of poppy plants at an appropriate density.
      In the period of elongation growth, the growth regulators can be used in poppy for food use to reduce stem elongation. Growth regulators are generally not used in the production of poppy for pharmaceutical use as their use changes the biosynthetic pathway of the alkaloid. Growth regulation ensures not only stem shortening, but also strengthening of the lower part of stem. Short and robust plants are lodging-resistant, especially during the period of green capsules and their ripening.
      Lodging causes an uneven ripening and leads to a contamination with alkaloids at harvest. The lodged plants mostly start branching again. The capsules on these young branches ripen later. When poppy is harvested, the process of ripening should be regulated since immature poppy capsules contain latex. When harvested, these capsules are crushed and the latex is oozing out from lactiferous vessels causing direct contamination of poppy seed surface by opium alkaloids which later dry up on seed surface. Also the seed from immature capsules, which is of rusty colour, degrades the quality of poppy, its appearance and sensory properties in particular.
      A desiccant can be applied in accordance with national rules on authorisation of plant protection products and their conditions of use to ensure that all capsules are full senesced when harvested.

         Harvesting

      The poppy for food use is harvested at the moisture of not more than 10 %. The seed moisture at harvest usually ranges around 6-10 %. If for climatic reasons the poppy seed cannot be harvested under the conditions mentioned above, the poppy should be harvested with poppy straw and immediately air-dried with heat no more than 40 °C. Under these circumstances, however, any delay gives rise to a risk which can have an adverse effect on seed quality, both in terms of its sensory properties and physical, chemical and microbiological parameters of seed as foodstuff for human consumption.
      Poppy grown for pharmaceutical use is sometimes harvested at higher moisture content levels but immediately dried after harvest and, more importantly, cooled. After drying and cooling the seed contains about 8-9 % moisture.
      The poppy for food use is harvested using combine harvesters which are adjusted to harvesting small seeds. The poppy requires special adjustment of individual parts of machinery since the poppy seed is extremely vulnerable to mechanical damage. The food poppy seed contains 45-50 % of oil. When poppy seed is damaged, the surface of the seed is stained with oil which attracts the dust from crushed capsules. The adhered dust increases the concentration of opium alkaloids on poppy seed. Moreover, the poppy oil has short durability and oxidises very quickly. The damaged seed thus considerably decreases both the sensory quality of food poppy and its durability along with causing contamination and increasing opium alkaloid levels.
      For the harvest of poppy for pharmaceutical use it is essential that only the pod and some straw are collected. Therefore a forage harvester with a specially adapted header which only harvests the top of the plant should be used for the harvest. The use of the forage harvester means that only the necessary part of the plant is harvested therefore lessening the chance of contamination.

         Post-harvest conditioning

      Poppy seeds do not or contain relatively low levels of opium alkaloids. When reference is made to opium alkaloid levels on poppy seed, this refers to tiny particles of dust from the straw (capsule wall). Therefore post-harvest cleaning or processing is essential, irrespective of whether this dust is high or low in opium alkaloids.
      After the harvest, and before the use of poppy seed for food, the seed should be cleaned, dust particles should be removed by an aspirator and any other impurities should be removed, finally achieving a purity of more than 99,8 %.

         Storage

      Where the poppy seed is to be stored before final conditioning, it should be harvested with poppy straw and the harvested mix should be appropriately aired on grids with active ventilation, to ensure that the moisture content does not exceed 8 % to 10 %.
      For long-term storage with ventilation, the untreated air, i.e. the air that has not been pre-heated, should be used.Poppy seed that has been treated in this manner can be easily stored for the period of 12 months with no substantial change in quality.
      Once the poppy seed is cleaned, it should be stored in ventilated containers, or big-bags or bags certified for packaging of bulk foodstuffs, with no direct contact with the floor of the storage place.

         Labelling

      In case the poppy seeds need to undergo an additional treatment to reduce the presence of opium alkaloids before human consumption or use as an ingredient in foodstuffs, those poppy seeds should be labelled in an appropriate way indicating the need to subject the poppy seeds to a physical treatment to reduce the opium alkaloid content before human consumption or use as an ingredient in foodstuffs.
      II.   Good practices to prevent the presence of opium alkaloids during processing

      The opium alkaloid content of poppy seeds can be reduced by several means of pretreatment and food processing. It has been shown that during the processing of food, the alkaloid content may decrease by up to about 90 % and with pretreatment and heat processes combined even almost totally.
      The most effective methods include washing and soaking, heat treatments using temperatures at least above 135 °C, but preferably above 200 °C, lower temperatures (e.g. 100 °C) in combination with moisture or washing as well as grinding and combinations of the multiple treatments.
      Poppy-seed-containing foods usually go through several processes before being served.
      In the case of bread and rolls, often whole, untreated poppy seeds are used mainly as decoration and no other treatment than baking takes place.
      In other foods, poppy seeds are commonly ground before adding on top of a dish or before using in bakery products. Poppy seeds are also used as poppy seed filling, which is a combination of ground poppy seeds, sugar, liquid (water or milk) and possible additional ingredients and spices. The poppy seed filling is usually heat treated before use in the food preparation. In certain cuisine traditions, poppy seeds are used raw, whole or ground, without any heat treatment as important part of the meal.
      Thus, poppy seeds in foods often go through a combination of different processing steps including grinding, mixing with liquid, heat treatment and sometimes even with several heat treatment steps. Although a single processing step may not have a major reducing effect on the poppy seed alkaloid content, a combination of pretreatment (e.g. processing of the poppy seed filling) followed by heat treatment (e.g. baking) may reduce the poppy seed alkaloid content to non-detectable quantities. By the combination of washing and drying on a technical scale, reductions of morphine concentrations were achieved also in highly contaminated batches of raw poppy seeds (original concentration varying from 50 up to 220 mg morphine/kg) down to concentrations below 4 mg morphine/kg without loss of quality and organoleptic properties.
      The recommended pretreatments and processing methods reducing the alkaloid content of poppy seeds and poppy seed products are shown in the table below.
      However the following observations need to be made:

                  —

                  heat treatment before final food processing is not to be recommended because it contributes to the destruction of fats and can cause rancidity and loss of the typical poppy seed flavour,

                  —

                  if the washing or soaking with water is required to reduce the alkaloid content of poppy seeds, it should be carried out shortly after the harvest. However it should be taken into account that this might reduce the quality and/or shelf-life of the poppy seeds.

         Table

         Recommended pretreatments and processing methods reducing the alkaloid content of poppy seeds and poppy seed products

                  Pretreatments and processing methods

                  Additional conditions

                  Effect

                  Quantity of effect

                  Washing or soaking with water

                  Time (5 min)
                  Increased time and temperature (30 s — 2 min — 30 min) in water of

                  Reduction in alkaloid content

                  46 % ↓

                  15 °C
                  60 °C
                  100 °C

                  60 % -75 % ↓
                  80 % -95 % ↓
                  80 % -100 % ↓

                  Single washing, slightly acidic conditions

                  40 % ↓

                  Temperature/heat treatment

                  Bread baking
                  135 °C
                  220 °C
                  200 °C + grinding

                  Reduction in alkaloid content

                  ~10-50 % ↓
                  ~30 % ↓
                  ~80-90 % ↓
                  ~90 % ↓

                  Grinding

                  Oxygen (large active surface)
                  Increased pH

                  Accelerated degradation rate of morphine, formation of pseudomorphine, improved aroma of the product

                  ~25-34 % ↓

                  Light

                  Minor influence on the degradation rate

                  Combined pretreatment

                  Washing, 100 °C, 1min + roasting 200 °C, 20 min

                  Reduction in alkaloid content

                  98-100 % ↓

                  Washing, 100 °C, 1min + drying (90 °C, 120 min)

                  99 % ↓

                  Moisture with steam 100 °C, 10 min + drying (90 °C, 120 min)

                  50-75 % ↓

                  Moisture 100 °C, 10min + grinding + drying (90 °C, 120 min)

                  90-98 % ↓

                  Pretreatment + baking

                  Grinding + baking

                  Major reduction in alkaloid content with combination of moisture and heat pretreatment followed by dry heat treatment

                  80-95 % ↓

                  Combined steam pretreatment + grinding + baking

                  90-95 % ↓

                  Combined washing pretreatment + grinding + baking

                  100 % ↓


Important legal notice

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52005IP0030

European Parliament recommendation to the Council on the quality of criminal justice and the harmonisation of criminal law in the Member States (2005/2003(INI))

Official Journal 304 E , 01/12/2005 P. 0109 - 0113

		P6_TA(2005)0030Quality of criminal justice in the European UnionEuropean Parliament recommendation to the Council on the quality of criminal justice and the harmonisation of criminal law in the Member States (2005/2003(INI))The European Parliament,- having regard to the proposal for a recommendation to the Council by António Costa, on behalf of the PSE Group, on the quality of criminal justice in the European Union (B6-0234/2004),- having regard to the Universal Declaration of Human Rights adopted by the United Nations General Assembly in its resolution 217 A (III) of 10 December 1948, and in particular Articles 7, 8, 9, 10 and 11 thereof,- having regard to the International Covenant on Civil and Political Rights adopted by the United Nations General Assembly in its resolution 2200 A (XXI) of 16 December 1966, which entered into force on 23 March 1976, and in particular Articles 2, 7, 9, 10 and 14 thereof,- having regard to the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (ECHR), which entered into force on 3 September 1953, and in particular Articles 6 and 13 thereof,- having regard to Title VI of the Treaty on European Union, and in particular Articles 29, 31(1)(c) and 34(2)(a) and (b),- having regard to the Treaty establishing a Constitution for Europe, signed by the Member States in Rome on 29 October 2004, and in particular Articles I-42 and III-260 (evaluation mechanisms), III-270 and III-271 (judicial cooperation in criminal matters), and II-107 to II-110, which take over the provisions of Articles 47 to 50 of the Charter of Fundamental Rights of the European Union,- having regard to the Community acquis in the field of criminal justice, in particular the Convention on Mutual Assistance in Criminal Matters [1], the Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States [2], Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence [3], the proposal for a Council framework decision on the European Evidence Warrant for obtaining objects, documents and data for use in proceedings in criminal matters (COM(2003)0688) and the proposal for a Council framework decision on certain procedural rights in criminal proceedings throughout the European Union (COM(2004)0328),- having regard to the relevant articles of the Treaty of Accession providing for the possibility of suspending the application of certain provisions of the area of freedom, security and justice in the event of failure to comply with certain rules (which requires that such rules are defined beforehand),- having regard to its recommendation of 14 October 2004 to the Council and to the European Council on the future of the area of freedom, security and justice as well as on the measures required to enhance the legitimacy and effectiveness thereof [4],- having regard to the Hague Programme adopted by the European Council at its meeting in Brussels on 4/ 5 November 2004,- having regard to Rules 114(3) and 83(5) of its Rules of Procedure,- having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0036/2005),A. whereas Articles II-107 to II-110 of the Treaty establishing a Constitution for Europe and Articles 6 and 13 of the ECHR define the scope of the "right to justice" which the Union and its Member States, each within its jurisdiction, must guarantee EU citizens,B. whereas this right to justice includes, in particular, the right to an effective remedy, the right of access to an impartial tribunal, the right to a fair trial, the right to be tried within a reasonable time and the right to access to legal aid, as well as full respect for the fundamental rights of persons suspected of an offence prior to criminal proceedings and the right to respectful and humane treatment, pursuant to the international standards of the UN and of the European Convention on the prevention of torture and inhuman or degrading treatment or punishment, for convicted persons following such proceedings,C. whereas protection of these rights is all the more essential in criminal proceedings, in which fundamental freedoms are at stake,D. whereas responsibility for protecting these rights lies first and foremost with each Member State, which does so in accordance with its own constitutional set-up and legal traditions; whereas Member States need to deal with the problems existing in their own legal systems, especially those identified by the European Court of Human Rights; whereas, however, a genuine European area of freedom, security and justice must guarantee European citizens comparable treatment throughout the Union and requires greater mutual trust between Member States with a view to mutual recognition of judicial decisions, including even the surrender of their own citizens to the courts of another Member State,E. having regard to the case law of the European Court of Justice in Luxembourg and of the European Court of Human Rights in Strasbourg and the fact that the case law of both courts should be consistent,F. whereas, since the adoption of the Tampere programme (paragraph 33), the principle of mutual recognition of judicial decisions has become a cornerstone of judicial cooperation within the Union,G. whereas the Treaty establishing a Constitution for Europe (Article III-260) and the Hague Programme (in particular paragraph 3.2 thereof) recognise the importance of mutual evaluation between Member States in order to strengthen mutual trust, which is a precondition for mutual recognition, as is the adoption of minimum substantive and procedural standards and the setting of reasonable time-limits,H. whereas the evaluation of the quality of justice in the EU should also concern the working methods of the judges and the different systems of administration of justice in the Member States; whereas this does not contradict the notion of due respect for the principle of the independence of the judiciary,I. whereas this evaluation needs to be grounded in a common framework of reference which can guarantee its coherence and objectivity,J. whereas the most appropriate tools and procedures need to be defined for the purposes of this evaluation and in order to step up exchanges of information and training opportunities in support of the quality of criminal justice in Europe,K. whereas the creation within the EU in recent years of European networks, such as the Association of Councils of State and Supreme Administrative Jurisdictions, the Network of Supreme Court Presidents, the Network of Supreme Courts and the European Network of Councils for the Judiciary, testifies to the growing awareness of the need to work together in order to improve the quality of the justice offered to the Union's citizens,L. having regard to the key role played by training in developing a common legal culture and a culture of fundamental rights within the Union, in particular via the actions of the European judicial training network,M. whereas the improvement of the quality standards of justice and of its efficiency on the basis of the evaluation must enhance both the quality of substantive and procedural criminal provisions and the quality of their implementation, which is not in contradiction with due respect for the principle of the independence of the judiciary,N. whereas mutual evaluation requires a specific methodology, taking into account the complexity of the process,O. whereas the Hague Programme acknowledges the need to adopt the Treaty establishing a Constitution for Europe as a reference framework and to begin the preparatory work to ensure that the measures provided for in the Constitutional Treaty can be implemented as soon as it enters into force,P. having regard to the public seminar held by its Committee on Civil Liberties, Justice and Home Affairs on 18 January 2005 on promoting enhanced quality of justice in Europe,Q. approving the guidelines of the Hague Programme concerning the strengthening of mutual trust (paragraph 3.2.), especially by improving the quality of justice, by developing evaluation and by means of the invaluable contribution of the networks of legal institutions and organisations,R. recalling paragraph 3.2 of the Hague Programme, which highlights the need to respect the diversity of the various structures and traditional features of national legal systems and the independence of the judiciary in each Member State, while promoting enhanced quality of justice in Europe through mutual trust,1. Addresses the following recommendations to the European Council and the Council:(a) immediately initiate a European Union action to enable European citizens throughout the Union, whatever the legal and constitutional set-up of the Member State in which they find themselves, to enjoy the right to justice in both comparable conditions and on the basis of ever-higher quality standards, thus acquiring greater trust in the administration of justice,(b) define with the Member States a "Quality Charter for Criminal Justice in Europe" to serve as a common reference framework for all the Member States and ensure consistent and objective evaluation; this Charter should be drawn up taking due account of the experiences acquired and work done at national level, as well as at international level by the Council of Europe and the United Nations,(c) in order to strengthen mutual trust between national legal systems, while respecting their diversity, establish a mechanism for ongoing mutual evaluation, with the Quality Charter as its objective reference framework, taking account of experiences in other areas in which mutual evaluation is already operational (Schengen, terrorism, enlargement, etc), preparing the way, as far as possible, for the mechanism set out in Article III-260 of the Constitutional Treaty and meeting the following objectives:- establishment of a comparative statistical database,- organisation of benchmarking exercises,- dissemination of best practices,- information on the nature and operation of judicial systems in the other Member States,- annual publication of an evaluation report on the quality of justice in Europe, accompanied by a series of recommendations to the Council and the Member States with a view to proposing improvements to the problems identified,(d) formally set up the mutual evaluation mechanism (procedures, structures, indicators, reports, etc.) on the basis of one or more decisions pursuant to Article 31 of the Treaty on European Union implementing the principles contained in the case law of the Strasbourg and Luxembourg Courts and the guidelines laid down by the Council of Europe's Commission for the Efficiency of Justice,(e) involve judges' and lawyers' associations, legal experts, users of the legal system, and the national parliaments in this evaluation, for example by setting up a monitoring committee on the quality of justice, in the spirit of Article I-42(2) of the Constitutional Treaty and in accordance with the principle of subsidiarity; this evaluation could be conducted jointly by the European Parliament and the national parliaments,(f) recognise that the creation of an area of freedom, security and justice based on mutual trust is not possible without a minimum of harmonisation of national legislation; with regard to substantive criminal law, Parliament agrees with the Council that priority should be given to the offences expressly referred to in the Constitutional Treaty; with regard to procedural law, the following subjects should have priority:- transparency in the administration of justice, as well as full respect for the fundamental rights of persons suspected of an offence prior to criminal proceedings and the right to respectful and humane treatment of those convicted following such proceedings,- the gathering and assessment of evidence,- the transfer of prisoners to enable them to serve their sentences in the Member State of residence,- the serving of non-custodial sentences in the Member State of residence,- the execution of enforcement measures in the Member State of residence,- minimum rights of prisoners in any Member State,- further conviction in respect of acts already subject to harmonisation measures,- the system for protecting the depositions of witnesses and victims;recognise that the evaluation should also be carried out on the basis of the above elements with a view to taking or continuing initiatives at Union level in these fields,(g) recognise that the corollary of the principle of mutual evaluation must be the promotion of training actions for all legal professionals, based on the European networks of legal organisations and institutions; thus, in the context of the adoption of the financial perspective for 2007-2013 and pursuant to the provisions of the Hague Programme (paragraph 3.2, subparagraph 2), provide for financial support to be given to the European networks of legal organisations and institutions, to the exchange programmes between legal authorities initiated by Parliament (notably under budget heading 18 05 01 03), and to new pilot schemes enabling the cooperation of agents or organisations in the Member States, with the objective of improving the quality of justice,(h) call on the Commission immediately to incorporate the "Quality Charter for Criminal Justice in Europe", the mutual evaluation mechanism and supplementary measures for the harmonisation of certain criminal provisions into the Action Plan which it is due to submit in 2005 in accordance with the Hague Programme; note, in this connection, that Parliament joins the European Council in recommending that the Commission adopt the provisions contained in the Treaty establishing a Constitution for Europe as the reference framework for the Action Plan;2. Instructs its President to forward this recommendation to the Council and, for information, to the Commission, the governments and parliaments of the Member States, and the Council of Europe.[1] Council Act of 29 May 2000 establishing in accordance with Article 34 of the Treaty on European Union the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 197, 12.7.2000, p. 1).[2] OJ L 190, 18.7.2002, p. 1.[3] OJ L 196, 2.8.2003, p. 45.[4] Texts Adopted, P6_TA(2004)0022.--------------------------------------------------


title: Council Recommendation of 28 June 2011 on policies to reduce early school leaving  Text with EEA relevance

text:
               1.7.2011

               EN

               Official Journal of the European Union

               C 191/1

         COUNCIL RECOMMENDATION
   of 28 June 2011
   on policies to reduce early school leaving
   (Text with EEA relevance)
   2011/C 191/01
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 165 and 166 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The term ‘early school leaving’ is used in connection with those who leave education and training with only lower secondary education or less, and who are no longer in education and training.

               (2)

               Reducing early school leaving is essential for achieving a number of key objectives in the Europe 2020 strategy. The reduction of early school leaving addresses both the aims for ‘smart growth’ by improving education and training levels and the aims for ‘inclusive growth’ by addressing one of the major risk factors for unemployment, poverty and social exclusion. The Europe 2020 strategy therefore includes the headline target to reduce early school leaving to less than 10 % by 2020, from 14,4 % in 2009. Member States have undertaken to establish national targets, taking account of their relative starting positions and national circumstances.

               (3)

               The guidelines for the employment policies of the Member States, contained in Council Decision 2010/707/EU (1), for the implementation of the Europe 2020 strategy call on Member States to take all necessary efforts to prevent early school leaving.

               (4)

               The flagship initiative ‘A European platform against poverty and social exclusion’ sets a framework for action to ensure social and territorial cohesion, with a specific focus on breaking the cycle of disadvantage and stepping up preventive action. It addresses the Europe 2020 headline target to lift at least 20 million people out of poverty and social exclusion in the next decade.

               (5)

               ‘Youth on the move’, a flagship initiative within the Europe 2020 strategy, aims to ‘enhance the performance and international attractiveness of Europe’s higher education institutions and raise the overall quality of all levels of education and training in the EU, combining both excellence and equity, by promoting student mobility and trainees’ mobility, and improve the employment situation of young people’.

               (6)

               The Council conclusions of 5-6 May 2003 on reference levels of European average performance in education and training (benchmarks) stated that the share of early school leavers should be below 10 % by 2010, defining early school leavers as persons between 18 and 24 years old with only lower secondary education or less and no longer in education or training. The benchmark was not attained. One in seven young people currently leave education and training before they have completed upper secondary education.

               (7)

               The Council Resolution of 15 November 2007 on the new skills for new jobs (2) stressed the need to raise overall skill levels and to give priority to the education and training of those at risk of economic and social exclusion, particularly early school leavers. They underlined the need to provide vocational guidance and personal training plans to job seekers and to develop the validation of learning outcomes acquired through formal, informal and non-formal learning.

               (8)

               The Council conclusions of 22 May 2008 on adult learning recognise the role of adult learning in addressing early school leaving by offering a second chance to those who reach adulthood without a qualification, focusing especially on basic skills, IT skills and language learning.

               (9)

               In its conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training (‘ET 2020’) the Council agreed that, by 2020, the share of early leavers from education and training should be less than 10 %.

               (10)

               The Council conclusions of 26 November 2009 on the education of children with a migrant background noted that while large numbers of children with a migrant background succeed in education, students with a migrant background are generally more likely to leave school early. For migrants the average early school leaving rate across the Union is double that of native students. Available evidence indicates that early school leaving is even higher among the Roma population.

               (11)

               The Council agreed in May 2010 in its conclusions on the social dimension of education and training that the successful prevention of early school leaving requires the development of knowledge about groups at risk of dropping out at local, regional and national level, and systems for identifying early individuals who are at such risk, and concluded that comprehensive and cross-sectoral strategies should be implemented, which provide a range of school-wide and systemic policies targeting the different factors leading to early school leaving.

               (12)

               The reasons for early school leaving differ widely from country to country and also within regions. Policies to reduce early school leaving need to be adjusted to the specific situation within a local area, region or country; there is no single solution for all Member States.

               (13)

               Despite the differences between countries and regions, there is strong evidence in all Member States that disadvantaged and vulnerable groups are more affected. In addition, young people with special educational needs are overrepresented among early leavers from education and training. Early school leaving both results from social disadvantage and perpetuates the risk of social exclusion.

               (14)

               Whilst fully respecting the principle of subsidiarity, a European framework for comprehensive policies on early school leaving can help Member States to review existing policies, to develop their national reform programmes under the Europe 2020 strategy, and to implement strategies with a high impact and a good cost-benefit ratio. It can also provide a basis for collaboration through the open method of coordination and a focus for the use of Union funding instruments.

               (15)

               Education reforms take time to have effect. In order to achieve a reduction of early school leaving rates within the next decade and reach the Europe 2020 target, comprehensive and cross-sectoral strategies on early school leaving need to be implemented as soon as possible,

         HEREBY RECOMMENDS THAT MEMBER STATES:
   Make use of the framework set out in the Annex to this Recommendation, according to national circumstances, in order to:

               1.

               Identify the main factors leading to early school leaving and monitor the characteristics of the phenomenon at national, regional and local level as the foundation for targeted and effective evidence-based policies.

               2.

               Ensure that comprehensive strategies on early school leaving are in place by the end of 2012, and that they are implemented in line with national priorities and the Europe 2020 objectives. Comprehensive strategies are taken to include prevention measures, intervention measures and compensation measures, the latter being aimed at re-engaging people who have dropped out of education.

               3.

               Ensure that those strategies include appropriate measures for groups at increased risk of early school leaving in the Member State, such as children with a socio-economically disadvantaged, migrant or Roma background, or with special educational needs.

               4.

               Ensure that those strategies address in a coherent manner both general education and vocational education and training, and the challenges specific to each.

               5.

               Integrate measures which support the reduction of early school leaving rates in relevant policies targeted at children and young people, and coordinate activities among different policy sectors.

               6.

               Whilst acknowledging the key role played by teachers, school leaders and other educational staff, ensure the involvement in those measures and activities of all relevant stakeholders to help people who are at risk of early school leaving, including those who have dropped out already.

         INVITES THE COMMISSION:

               1.

               Within the ET 2020, to contribute to the efforts made by Member States by monitoring developments at different education levels across Member States in order to identify trends.

               2.

               To support Member States’ strategies through the exchange of experience and good practice, and to facilitate effective peer learning, networking and experimentation with innovative approaches among the Member States on measures aimed at reducing early school leaving and improving the educational outcomes of children from groups at risk of early school leaving.

               3.

               To integrate measures which support the reduction of early school leaving rates in all relevant Union actions targeted at children and young adults.

               4.

               To support the development of effective policies against early school leaving by launching comparative studies and research, and to encourage cooperation between the Member States in this area.

               5.

               To ensure, in cooperation with the Member States, and without prejudice to the negotiations on the future financial framework, that the Union programmes in the fields of lifelong learning, youth and research, as well as the European Structural Funds, support and contribute to the implementation of Member States’ strategies on early school leaving.

               6.

               To report periodically on the progress towards the Europe 2020 target and on the implementation of Member States’ strategies on early school leaving through the Annual Growth Survey and within the reporting arrangements under the ET 2020.

      Done at Luxembourg, 28 June 2011.

            For the Council

            The President

         FAZEKAS S.

      (1)  OJ L 308, 24.11.2010, p. 46.

      (2)  OJ C 290, 4.12.2007, p. 1.

      ANNEX

         A FRAMEWORK FOR COMPREHENSIVE POLICIES TO REDUCE EARLY SCHOOL LEAVING

      Strategies on early school leaving should be based on an analysis at national, regional and local level of the conditions leading to the phenomenon, as average rates often mask large differences between different regions or countries. Early school leavers are a heterogeneous group and individual motivations to leave education prematurely differ widely. Family background and wider socio-economic conditions such as pull from the labour market are important factors. Their impact is conditioned by the structure of the education and training system, by available learning opportunities, and by the learning environment. The coordination of policies addressing the well-being of children and young people, social security, youth employment and future career perspectives has an important role to play in reducing early school leaving.
      1.   Identification of main factors and monitoring

      Early school leaving processes have complex and varied causes, but are often linked to socio-economic disadvantage, to low education backgrounds, to alienation from or poor achievement in education and training, to pull factors from the labour market, and/or to a combination of social, emotional and educational problems putting individuals at risk of dropping out.
      Account needs to be taken of the type of education in which students are enrolled. In some Member States, students who have encountered difficulties in general education often go into vocational education and training (‘VET’). In such cases, vocational schools face a particular responsibility and challenge with respect to the reduction of early school leaving. Evidence-based policies require that particular attention be given to performance by sector of education or training.
      The development of evidence-based and cost-effective policies to combat early school leaving requires gathering and maintaining data on the phenomenon. This should allow analysis at local, regional and national levels. It may contain information on early school leaving rates, on transitions between educational levels, enrolment rates and completion rates of upper secondary education, as well as on school absenteeism and school-avoiding behaviour.

                  —

                  Collection of information should allow for the analysis of the main reasons underlying early school leaving for different groups of pupils, schools, types of education and training institution, municipalities or regions.

                  —

                  The combination of data on early school leaving and contextual data such as socio-economic information can help in the targeting of measures and policies. Gathering and analysing information on the motivation of early school leavers, their employment and career perspectives can also help in the targeting of measures and policies.

                  —

                  Evaluation of the effectiveness and efficiency of existing policy measures aimed at reducing early school leaving is an important basis for improving strategies and programmes for increasing pupils’ chances of school success.

            2.   Policy framework

      Comprehensive strategies on early school leaving comprise a mix of policies, coordination across different policy sectors and the integration of measures supporting the reduction of early school leaving into all relevant policies aimed at children and young people. In addition to education policies that promote high-quality school systems, these are principally social policy and support services, employment, youth, family, and integration policies. Horizontal coordination between different actors and vertical coordination through different levels of government are equally important. Strategies on early school leaving should comprise prevention, intervention and compensation elements. Member States should select the detailed components of their strategies according to their own circumstances and contexts.

                  2.1.

                  PREVENTION POLICIES aim to reduce the risk of early school leaving before problems start. Such measures optimise the provision of education and training in order to support better learning outcomes and to remove obstacles to educational success.
                  They aim to lay a solid early foundation for children to develop their potential and to integrate well into schools. Prevention policies could include:

                              1.

                              Providing high-quality early childhood education and care is beneficial for all children and especially relevant for those from disadvantaged backgrounds, including migrants and Roma. It enhances physical well-being, social and emotional development, language and basic cognitive skills. Provision should be high-quality, affordable, adequately staffed and accessible to families with a disadvantaged background.

                        They address the organisation of education and training systems, the resources available to schools, the availability, permeability and flexibility of educational pathways. They also address the gender gap, the support of children from disadvantaged backgrounds or with a different mother tongue. Prevention policies could further include:

                              2.

                              Increasing the educational offer by providing education and training opportunities beyond the age of compulsory education can influence the behaviour of young people and their families and lead to higher rates of completion of upper secondary qualifications.

                              3.

                              Promoting active anti-segregation policies and providing additional support for schools in disadvantaged areas or with high numbers of pupils from socio-economically disadvantaged backgrounds help them to diversify their social composition and enhance their educational offer. This improves the educational achievements of pupils from socio-economically disadvantaged backgrounds and reduces their risk of early school leaving.

                              4.

                              Emphasising the value of linguistic diversity and supporting children with a different mother tongue to improve their proficiency in the language of instruction and, where appropriate, in the mother tongue, as well as supporting teachers to teach children with different levels of linguistic competence, can improve the educational achievements of children with migrant background and reduce their risk of early school leaving.

                              5.

                              Enhancing the involvement of parents, reinforcing their cooperation with the school and creating partnerships between schools and parents can increase learning motivation among pupils.

                              6.

                              Increasing the flexibility and permeability of educational pathways, for example by modularising courses or alternating school and work, supports in particular pupils with lower academic performance, and can motivate them to continue education and training which is better adapted to their needs and abilities. It also helps to address gender-specific reasons for early school leaving, such as joining the labour market early or teenage pregnancy. In addition, limiting the repetition of school years and replacing this with flexible individual support has been associated with lower early school leaving.

                              7.

                              Strengthening high-quality vocational pathways and increasing their attractiveness and flexibility provide pupils at risk with credible alternatives to early school leaving. VET provision, which is well integrated into the overall education and training systems, allows for alternative pathways into upper secondary and tertiary education.

                              8.

                              Strengthening the link between education and training systems and the employment sector, in order to emphasise the benefits of completing education for future employability. This could be in the form of work experience placements or greater employer engagement in schools and colleges.

                  2.2.

                  INTERVENTION POLICIES aim to avoid early school leaving by improving the quality of education and training at the level of the educational institutions, by reacting to early warning signs and by providing targeted support to pupils or groups of pupils at risk of early school leaving. They address all educational levels, starting from early childhood education and care to upper secondary education.
                  At the level of the school or training institution strategies against early school leaving are embedded in an overall school development policy. They aim at creating a positive learning environment, reinforcing pedagogical quality and innovation, enhancing teaching staff competences to deal with social and cultural diversity, and developing anti-violence and anti-bullying approaches. Intervention policies at the level of the school or training institution could include:

                              1.

                              Developing schools into learning communities based on a common vision for school development shared by all stakeholders, using the experience and knowledge of all, and providing an open-minded, inspiring and comfortable environment to encourage young people to continue in education and training.

                              2.

                              Developing early-warning systems for pupils at risk, which can help to take effective measures before problems become manifest, pupils start to alienate from school, play truant or drop out.

                              3.

                              Networking with parents and other actors outside school, such as local community services, organisations representing migrants or minorities, sports and culture associations, or employers and civil society organisations, which allows for holistic solutions to help pupils at risk and eases the access to external support such as psychologists, social and youth workers, cultural and community services. This can be facilitated by mediators from the local community who are able to support communication and to reduce distrust.

                              4.

                              Supporting and empowering teachers in their work with pupils at risk, which is a pre-requisite for successful measures at school level. Initial teacher education and continuous professional development for teachers and school leaders help them to deal with diversity in the classroom, to support pupils from socio-economically disadvantaged backgrounds and to solve difficult teaching situations.

                              5.

                              Extra-curricular activities after and outside school and artistic, cultural and sport activities, which can raise the self-esteem of pupils at risk and increase their resilience against difficulties in their learning.

                        Intervention policies at individual level aim to provide a set of support mechanisms for individual students at risk of dropping out which can be tailored to their needs. They focus both on personal development in order to build resilience for students at risk, and on redressing concrete difficulties which can be of a social, cognitive or emotional nature. Intervention policies at individual level could include:

                              1.

                              Mentoring supports individual pupils to overcome specific academic, social or personal difficulties. Either in one-to-one approaches (mentoring) or in small groups (tutoring), pupils receive targeted assistance, often provided by education staff by community members or by their peers.

                              2.

                              Tailoring teaching to pupils’ needs, strengthening individualised learning approaches and providing support for pupils at risk helps them to adapt to the demands of formal education and to overcome barriers created by the education and training system, and can thus contribute to limiting the repetition of school years.

                              3.

                              Strengthening guidance and counselling supports students’ career choices, transitions within education or from education to employment. It reduces poor decision making based on false expectations or insufficient information. It helps young people to make choices which meet their ambitions, personal interests and talents.

                              4.

                              Ensuring that young people whose economic circumstances may result in their dropping out of education are given access to appropriate financial support. Where considered appropriate, such support might be subject to conditions or might be linked to social benefits.

                  2.3.

                  COMPENSATION POLICIES aim to help those who left school prematurely to re-engage in education, offering routes to re-enter education and training and gain the qualifications they missed. Compensation policies could include:

                              1.

                              Successful second chance education programmes, which provide learning environments which respond to the specific needs of early school leavers, recognise their prior learning and support their well-being. These programmes are different from schools in both organisational and pedagogical approaches and are often characterised by small learning groups, by personalised, age-appropriate and innovative teaching and by flexible educational pathways. As far as possible, they should be easily accessible and free of charge.

                              2.

                              Various routes back into mainstream education and training, the provision of which is important. Transition classes with a strong emphasis on guidance can help to bridge the gap between previous school failure and re-entering mainstream education.

                              3.

                              Recognising and validating prior learning, including competences achieved in non-formal and informal learning, which improves the confidence and self-esteem of young people and facilitates their re-entry into education. It can motivate them to continue education and training, helps them to identify their talents and to make better career choices.

                              4.

                              Targeted individual support, which integrates social, financial, educational and psychological support for young people in difficulties. It is especially important for young people in situations of serious social or emotional distress which hinders them from continuing education or training.


Avis juridique important

|

31991H0288

91/288/EEC: Council Recommendation of 3 June 1991 on the coordinated introduction of digital European cordless telecommunications (DECT) into the Community

Official Journal L 144 , 08/06/1991 P. 0047 - 0050

COUNCIL RECOMMENDATION  of 3 June 1991  on the coordinated introduction of digital European cordless telecommunications (DECT) into the Community  (91/288/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas recommendation 84/549/EEC (4) calls for the introduction of services on the basis of a common harmonized approach in the field of telecommunications;  Whereas the Council in its resolution of 30 June 1988 (5) on the development of the common market for telecommunication services and equipment up to 1992 calls for the promotion of Europe-wide services according to market requirements;  Whereas the resources offered by modern telecommunications networks should be utilized to the full for the economic development of the Community;  Whereas the potential for cordless telecommunications in the Community has been demonstrated by recent developments such as recent agreements on public telepoint services; whereas the European Telecommunications Standard (ETS) for digital European  cordless telecommunications (DECT) currently being developed by the European Telecommunications Standards Institute (ETSI) will greatly enhance the possibilities of cordless telecommunications;  Whereas the development of the ETS must take account of the safety of users, and the need for Europe-wide interoperability, enable users provided with a service based on DECT technology in one Member State to gain access to the service in any other  Member State, where appropriate;  Whereas the European implementation of DECT technology will provide an important opportunity to establish truly European digital cordless telephone facilities;  Whereas a coordinated policy for the introduction of common standards for cordless telephones will make possible the establishment of a European market in mobile handsets which will be capable of creating, by virtue of their size, service features, and  costs, the necessary development conditions to establish a lead in worldwide markets;  Whereas such a future system, offering both voice and data services, is to be based on digital techniques, thereby facilitating compatibility with the general digital environment and the Integrated Services Digital Network (ISDN) in the Community in  accordance with recommendation 86/659/EEC (6);  Whereas the future Council Directive on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity will allow the rapid establishment of common conformity  specifications for DECT;  Whereas consideration shall be given to Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (7), as last amended by Directive 90/230/EEC (8);  Whereas consideration should be given to Council Decision 87/95/EEC of 22 December 1986 on standardization in the field of information technology and telecommunications (9);  Whereas Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of Member States relating to electromagnetic compatibility (10) is applicable, and particular attention should be taken to avoid harmful electromagnetic interference;  Whereas it is advantageous to facilitate access to cordless communications and necessary to allow free circulation of DECT equipment throughout the Community;  Whereas it is appropriate to make full use of the potential of the Community's allocated financial instruments in order to promote the development of the Community's telecommunications infrastructure in the Community;  Whereas consideration should be given to recommendation 87/371/EEC (11) which points out that special attention should be paid to the urgent requirement of certain users for pan-European land-based communications; whereas the Commission could in future  submit other proposals in the field of mobile communications;  Whereas the implementation of such a policy will lead to closer cooperation within Europe between the public telecommunications administrations, the recognized public and private operating agencies and other authorized agencies offering public mobile  telecommunications service, herein referred to as 'telecommunications organizations';  Whereas favourable opinions on this recommendation has been delivered by the telecommunications organizations by the European Conference of Postal and Telecommunications Administrations (CEPT) and by the telecommunications equipment manufacturers in the  Member States;  Whereas these measures will allow the economic benefit and rapidly increasing market potential of cordless telephones to be fully realized in the Community;  Whereas the Treaty does not provide, for this recommendation, powers other than those of Article 235,  HEREBY RECOMMENDS: 1. that Member States and/or the telecommunications organizations, as appropriate, create the conditions for the coordinated introduction into the Community of digital European cordless telecommunications according to the technical  requirements described in the Annex. For the purposes of this recommendation, digital European cordless telecommunications shall mean technology conforming to the European Telecommunications Standard for digital cordless telecommunications known as  DECT.  2. that the telecommunications organizations continue the cooperation within the CEPT and/or ETSI, for the completion of the specifications and the introduction and exploitation of DECT technology;  3. that the Commission takes appropriate initiatives, within the application of existing Directives, to encourage the completion of the specifications and the introduction and exploitation of DECT technology;  4. that the Commission prepares a long-term strategy in collaboration and consultation with interested parties, for the evolution of the soon to be introduced pan-European digital cellular and paging systems, and digital cordless systems, taking account  of the general development towards a future universal personal communications system, and recent studies and the ETSI work programme;  5. that the Community's allocated financial instruments take this recommendation into account within the framework of their interventions, particularly regarding capital investments required for the implementation of the infrastructure for the DECT  system;  6. that efforts are encouraged to develop the appropriate infrastructure to allow the use of DECT equipment also in a public environment and to work towards the coordinated introduction of DECT technology in such an environment, maintaining in  particular those features necessary to allow Europe-wide interoperability;  7. that Member States inform the Commission at the end of each year, from the end of 1992 onwards, of the measures taken and the problems encountered in the course of implementing this recommendation; that measures be taken to consult telecommunications  organizations, users, consumers, manufacturers, persons providing services, employer organizations and trade unions; that the progress of work be examined by the Commission and Senior Officials Group on Telecommunications (SOG-T) which was set up by the  Council on 4 November 1983; and that the European Parliament be regularly informed, at least once a year. Done at Luxembourg, 3 June 1991. For the Council  The President  A. BODRY  (1) OJ No C 24, 1. 2. 1990, p. 20 and OJ No C 9, 15. 1. 1991, p. 3. (2) OJ No C 19, 28. 1. 1991, p. 96. (3) OJ No C 332, 31. 12. 1990, p. 172. (4) OJ No L 298, 16. 11. 1984, p. 49. (5) OJ No C 257, 4. 10. 1988, p. 1. (6) OJ No L 382, 31. 12.  1986, p. 36. (7) OJ No L 109, 26. 4. 1983, p. 8. (8) OJ No L 128, 18. 5. 1990, p. 15. (9) OJ No L 36, 7. 2. 1987, p. 31. (10) OJ No L 139, 23. 5. 1989, p. 19. (11) OJ No L 196, 17. 7. 1987, p. 81.    ANNEX  DETAILED REQUIREMENTS ON THE COORDINATED INTRODUCTION OF DIGITAL EUROPEAN CORDLESS TELECOMMUNICATIONS (DECT) INTO THE COMMUNITY  Table of contents  1. General requirements  2. Choice of transmission system  3. Network architecture  4. System specification and implementation  5. System features  6. Tariff considerations  7. Time scale  1. General requirements  The future DECT systems should be developed in accordance with the ETS being developed by ETSI and should comply with the following general requirements:  - be suitable for operation over the frequency band 1880-1900 MHz to be made available for DECT in the Community in conformity with Directive 91/287/EEC,  - provide a means, using cordless technology, for meeting user requirements in respect of the following applications:  - a residential application that will interconnect to ISDN/PSTN,  - a business cordless telecommunications application that combines the features of a PABX with the mobility of cordless telecommunications for both voice and non-voice application,  - an application that offers public network access to a handset through a public, or privately owned, base station,  - an application that provides a radio means of extending public and private networks into customer user premises,  - permit simultaneous operation of two or more independent systems in the same geographical area.  2. Choice of transmission system  The detailed specification of the DECT transmission characteristics should be completed by October 1991 and should take account of the relevant international guidelines on limiting exposure to electromagnetic fields, and the Directive 89/336/EEC. The  technology must be able to support geographically co-located DECT systems.  3. Network architecture  The standard for the network structure and the definition and allocation of functions between the various system components should be completely specified for all the applicable OSI layers, by October 1991.  4. DECT specification and implementation  The implementation of the system should be able to support full intersystem roaming where required. Roaming in the context of this recommendation is the ability to use handsets based on DECT technology to access the public network in any Member State.  5. System features  The system specification should provide a minimum number of generic capabilities and facilities as follows:  - satisfy the general requirements of section 1 above,  - provision of emergency services,  - provision for dialling and calling security,  - compatibility between residential, business and public access applications.  The provision of an additional service or facility beyond generic capability on any system should not impact the provision of the minimum service on other systems.  6. Tariff considerations  Agreement on such matters as the charging for the Community service and accounting between operators should be identified in a timely manner where required.  7. Time scale  Facilities for applications based on DECT technology should progressively be available from the end of 1992.


title: Commission Recommendation of 27 October 2011 on the research Joint Programming Initiative The Microbial Challenge — An Emerging Threat to Human Health

text:
               28.10.2011

               EN

               Official Journal of the European Union

               C 315/1

         COMMISSION RECOMMENDATION
   of 27 October 2011
   on the research Joint Programming Initiative ‘The Microbial Challenge — An Emerging Threat to Human Health’
   2011/C 315/01
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 181 and Article 292 thereof,
   Whereas:

               (1)

               The microbial challenge, due to the increasing resistance to antimicrobial drugs, represents one of the major emerging threats to human health in the 21st century (1). More than 25 000 patients die in the Union each year from infections caused by bacteria that are resistant to multiple antibiotics, so-called multidrug-resistant bacteria (2). Resistance rates to a single antibiotic exceed 40-50 % in some European countries (3), and resistance to multiple antibiotics is a common and growing problem.

               (2)

               Infectious diseases caused by resistant bacteria lead to additional healthcare costs and indirect costs, such as sick-leave and lost output due to premature death. The overall direct costs to society in terms of extra healthcare costs and productivity losses total EUR 1,5 billion each year in Europe (4); and the indirect costs to European countries are likely to be several times higher (5).

               (3)

               The problem of drug resistance is a natural and unavoidable consequence of treating infectious diseases with antimicrobial drugs. However, this is exacerbated by indiscriminate use of antimicrobials and the dissemination of antibiotic-resistant bacteria in the environment. The dynamics of human populations, including travel and worldwide distribution of food, contribute significantly to the rapid spread of resistant infectious micro-organisms (6). Moreover, the misuse of antibiotics in livestock is increasing the risk of spread of resistant micro-organisms to humans through food consumption (7). At the same time, the development of new antimicrobials is declining dramatically.

               (4)

               A comprehensive solution to the problem requires measures to be taken by many sectors of society: policy-makers, healthcare, education, industry, environmental agencies, agriculture, veterinary medicine, research and other areas.

               (5)

               Cross-border collaboration is essential given that the increasing resistance of micro-organisms to antibiotics is not confined to individual countries, but poses a real threat to public health on a global scale. Sharing the burden in order to efficiently handle the challenges ahead will yield benefits for all countries involved and will enable better management and treatment of infectious diseases in the future.

               (6)

               While excellent research is being carried out throughout Europe, the current European landscape for antimicrobial resistance research appears to be rather complex and fragmented. Many research networks and organisations at European and national level define antimicrobial resistance research agendas in isolation, leading to overlaps or competing research activities that often lack critical mass.

               (7)

               The Commission staff working paper of 18 November 2009 on antimicrobial resistance (8) summarised the initiatives in this field at Union level. Several actions were proposed and followed up, including the improved monitoring of antimicrobial resistance and usage, and also risk management measures.

               (8)

               At its meeting of 1 December 2009 (9), the Council of the European Union called upon the Member States and the Commission to ‘support the sharing of research infrastructures, recruitment of researchers, stimulation of and support for global research cooperation, increasing the spread of research results and knowledge through information exchange structures and considering existing and new financial instruments’ on innovative incentives for effective antibiotics.

               (9)

               At its meeting of 26 May 2010 (10), the Competitiveness Council identified and substantiated a set of potential Joint Programming Initiatives (hereinafter referred to as JPIs), including ‘The Microbial Challenge — An Emerging Threat to Human Health’ as areas where joint research programming would provide major added value to the fragmented efforts currently being made by Member States. It therefore adopted conclusions recognising the need to launch a JPI on the subject and inviting the Commission to contribute to the preparation of that JPI.

               (10)

               Member States have confirmed their participation in this JPI by the sending of formal letters of commitment.

               (11)

               Joint programming in research in the area of antimicrobial resistance, as in the proposed initiative ‘The Microbial Challenge — An Emerging Threat to Human Health’, will contribute to tackling the fragmentation of research efforts by Member States and will step-up the mobilisation of skills, knowledge and resources, with a view to advancing and strengthening Europe’s leadership and research competitiveness in this field. In addition, by tackling a major societal challenge, it complements the Europe 2020 strategy (11) and the Innovation Union (12).

               (12)

               In order to achieve the goals set out in this Recommendation, Member States should ensure cooperation and synergy with major related initiatives such as: the Innovative Medicines Initiative; research, development and innovation supported by the Framework Programme, including in the fields of health, food, agriculture and environment, where necessary enabled by information technology, as well as other initiatives, such as relevant ERA-NETs.

               (13)

               In order for the Commission to be able to report to the European Parliament and to the Council, Member States should report regularly to the Commission on the progress made on this JPI,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               Member States are encouraged to develop a common vision, based on a multidisciplinary approach, on how cooperation and coordination in the field of research at European level can improve, addressing the challenges of antimicrobial resistance and capitalising on the opportunities it presents, in order to ensure the efficiency of the joint efforts of the Member States.

               2.

               Member States are encouraged to develop a common Strategic Research Agenda (SRA) establishing medium to long-term research needs and objectives in the area of antimicrobial resistance. The SRA should be further developed towards an implementation plan, establishing priorities and timelines and specifying the actions, instruments and resources required for its implementation.

               3.

               Member States are encouraged to include the following actions, as part of the SRA and of the implementation plan:

                           (a)

                           identifying and exchanging information on relevant national programmes and research activities;

                           (b)

                           strengthening joint foresight exercises and technology assessment capacities;

                           (c)

                           exchanging information, resources, best practices, methodologies and guidelines;

                           (d)

                           identifying areas or research activities that would benefit from coordination or joint calls for proposals or pooling of resources;

                           (e)

                           defining the detailed procedures for research to be undertaken jointly in the areas referred to in point (d);

                           (f)

                           considering the needs for patient treatment and of healthcare systems when defining the objectives for research programmes on antimicrobial resistance;

                           (g)

                           sharing, where appropriate, existing research infrastructures or developing new facilities, such as coordinated databanks or the development of models for studying antimicrobial resistance processes;

                           (h)

                           encouraging better collaboration between public and private sectors, as well as open innovation between different research activities and business sectors related to antimicrobial resistance;

                           (i)

                           exporting and disseminating knowledge, innovation and interdisciplinary methodological approaches, as well as identifying and addressing obstacles in the research and innovation system that prevent innovative solutions with a societal benefit from getting to the market quicker;

                           (j)

                           creating networks between centres dedicated to antimicrobial resistance research.

               4.

               Member States are encouraged to maintain an efficient common management structure in the field of research on antimicrobial resistance, with a mandate to establish appropriate conditions, rules and procedures for cooperation and coordination, and to monitor the implementation of the SRA. This management structure should be lean, efficient and flexible, and should take account of the Voluntary Guidelines on Framework Conditions for Joint Programming in Research developed by the High Level Group on Joint Programming (GPC).

               5.

               Member States are encouraged to jointly implement the common SRA, including via their national research programmes in accordance with the Voluntary Guidelines on Framework Conditions for Joint Programming in Research developed by the GPC or other national research activities.

               6.

               Member States are encouraged to build on the existing expertise within the Commission and take the Voluntary Guidelines on Framework Conditions into account when developing and implementing the SRA, and with a view to coordinating the JPIs with other programmes and initiatives in this field.

               7.

               Member States are encouraged to report regularly to the Council and to the Commission on the progress and results of this JPI, including lessons learned on achieving optimal efficiency.

      Done at Brussels, 27 October 2011.

            For the Commission

         Máire GEOGHEGAN-QUINN

            Member of the Commission

      (1)  Priority Medicines for Europe and the World, Kaplan W, Laing R. Geneva: World Health Organization (2004).

      (2)  The bacterial challenge: time to react. ECDC/EMA joint technical report (September 2009).

      (3)  Goldstein FW. Penicillin-resistant Streptococcus pneumoniae: selection by both beta lactam and non-beta lactam antibiotics. J Antimicrob Chemother 44:141-144 (1999).

      (4)  See footnote 2.

      (5)  Conference report; Innovative Incentives for Effective Antibacterials (2009).

      (6)  World health report 2007. A safer future: global public health security in the 21st century. WHO (2007).

      (7)  Joint opinion on antimicrobial resistance (AMR) focused on zoonotic infections. EFSA Journal 7(11):1372 (2009).

      (8)  SANCO/6867/2009r6.

      (9)  Council of the European Union. Council Conclusions on innovative incentives for effective antibiotics. Adopted at 2980th Employment, Social Policy, Health and Consumer Affairs Council Meeting in Brussels, 1 December 2009.

      (10)  10246/10.

      (11)  COM(2010) 2020.

      (12)  COM(2010) 546.