EUR-Lex - 31999L0002 - EN Avis juridique important | 31999L0002 Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation Official Journal L 066 , 13/03/1999 P. 0016 - 0023 DIRECTIVE 1999/2/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiationThe EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3), in the light of the joint text approved by the Conciliation Committee on 9 December 1998,(1) Whereas differences between national laws relating to the treatment of foodstuffs by ionising radiation and its conditions of use hinder the free movement of foodstuffs and may create conditions of unequal competition, thereby directly affecting the operation of the internal market;(2) Whereas it is necessary to adopt measures aimed at the smooth operation of the internal market; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; whereas this is not the case at present because of the differences in treatment in the Member States, irradiation of foodstuffs being allowed in some and banned in others;(3) Whereas this framework Directive will be completed by Directive 1999/3/EC of the European Parliament and of the Council of 22 February 1999 on the establishment of a Community list of foods and food ingredients treated with ionising radiation (4), hereinafter referred to as 'the implementing Directive`;(4) Whereas in several Member States foodstuff irradiation constitutes a sensitive issue in public debate, and whereas consumers may have cause for concern about the consequences of the use of food irradiation;(5) Whereas, until the entry into force of the Community positive list of foodstuffs which may be treated with ionising radiation, it is appropriate that Member States may, in compliance with the rules of the Treaty, continue to apply existing national restrictions or bans on ionising radiation of foodstuffs and on trade in irradiated foodstuffs which are not included in the initial positive list established by the implementing Directive;(6) Whereas rules relating to the use of ionising radiation for the treatment of foodstuffs should take account primarily of human health requirements but also, within the limits required for the protection of health, of economic and technical needs;(7) Whereas Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (5) is applicable;(8) Whereas approved irradiation units should be subject to an official control, through an inspection system to be created for the needs of this Directive;(9) Whereas approved units should keep records to ensure that the rules of this Directive have been respected;(10) Whereas Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (6) has already laid down rules concerning the labelling of irradiated foodstuffs for sale to the ultimate consumer;(11) Whereas appropriate rules must also be laid down for the labelling of foodstuffs treated with ionising radiation not intended for the ultimate consumer;(12) Whereas, without prejudice to the decision-making procedures laid down in the Treaty establishing the European Community or in this Directive, the Scientific Committee for Food set up by Decision 74/234/EEC (7) should be consulted on any question relating to this Directive which may have an effect on public health;(13) Whereas foodstuffs may only be treated by the action of ionising radiation if there is a food hygiene need, or a demonstrable technological or other advantage, or benefit to the consumer and if they are wholesome and in a proper condition, since ionising radiation should not be used as a substitute for hygiene or health practices or good manufacturing or agricultural practice;(14) Whereas the process should not be used as a substitute for good manufacturing practice, and whereas this condition is fulfilled for foodstuffs listed in the Annex to the implementing Directive;(15) Whereas, in all cases where the Council empowers the Commission to implement rules relating to food irradiation, provision should be made for a procedure instituting close cooperation between Member States and the Commission within the Standing Committee on Foodstuffs, and, where necessary, the Standing Veterinary Committee or the Standing Committee on Plant Health;(16) Whereas should the use of the process or of a foodstuff treated with ionising radiation authorised on the basis of this Directive appear to constitute a health risk, Member States should be authorised to suspend or limit such use, or to reduce the limits, pending a decision at Community level;(17) Whereas Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (8) leaves the choice of means and methods to the national enforcement authorities; whereas Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs (9) lays down quality standards for laboratories and requires the use of validated methods of analysis where available; whereas Article 5 of the latter Directive is applicable to the monitoring of the implementation of this Directive;(18) Whereas a modus vivendi between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the Treaty (10) was concluded on 20 December 1994,HAVE ADOPTED THIS DIRECTIVE:Article 1 1. This Directive shall apply to the manufacture, marketing and importation of foods and food ingredients, hereinafter called 'foodstuffs`, treated with ionising radiation.2. This Directive shall not apply to:(a) foodstuffs exposed to ionising radiation generated by measuring or inspection devices, provided that the dose absorbed is not greater than 0,01 Gy for inspection devices which utilise neutrons and 0,5 Gy in other cases, at a maximum radiation energy level of 10 MeV in the case of X-rays, 14 MeV in the case of neutrons and 5 MeV in other cases;(b) the irradiation of foodstuffs which are prepared for patients requiring sterile diets under medical supervision.Article 2 Member States shall take all measures necessary to ensure that irradiated foodstuffs can be placed on the market only if they comply with the provisions of this Directive.Article 3 1. The conditions which must be fulfilled for authorisation of the treatment of foodstuffs with ionising radiation are set out in Annex I. At the time of treatment such foodstuffs must be in a suitably wholesome state.2. Irradiation may be carried out only by means of the sources listed in Annex II and in accordance with the requirements of the Code of Practice referred to in Article 7(2). The overall average absorbed dose shall be calculated in accordance with Annex III.Article 4 1. The Community list of foodstuffs which may be treated with ionising radiation to the exclusion of all others and the maximum radiation doses authorised shall be defined in the implementing Directive, which shall be adopted in accordance with the procedure laid down in Article 100a of the Treaty taking account of the authorisation conditions set out in Annex I.2. This list shall be established in stages.3. The Commission shall examine the national authorisations in force and, after consulting the Scientific Committee for Food, submit in accordance with the procedure laid down in Article 100a of the Treaty proposals aiming at establishing the list.At the latest 31 December 2000, the Commission shall, in accordance with Article 100a of the Treaty, submit a proposal intended to complete the positive list provided for in paragraph 1.4. Until entry into force of the Directive adopted on the basis of the proposal referred to in the second subparagraph of paragraph 3, Member States may maintain existing authorisations concerning the treatment of foodstuffs with ionising radiation provided that:(a) the treatment of the foodstuff concerned has been subject to a favourable opinion of the Scientific Committee for Food;(b) the overall average absorbed radiation dose does not exceed the limit values recommended by the Scientific Committee for Food;(c) ionising radiation and placing on the market are effected in accordance with this Directive.5. Until entry into force of the Directive adopted on the basis of the proposal referred to in the second subparagraph of paragraph 3, any Member State may also authorise the treatment of foodstuffs for which authorisations have been maintained by another Member State in accordance with paragraph 4, where the conditions referred to in paragraph 4 are fulfilled.6. Member States shall forthwith notify the Commission and the other Member States of authorisations maintained under paragraph 4 or granted under paragraph 5 and of conditions attaching to them. The Commission shall publish these notifications in the Official Journal of the European Communities.7. Until the entry into force of the Directive adopted on the basis of the proposal referred to in the second subparagraph of paragraph 3, Member States may, in compliance with the rules of the Treaty, continue to apply existing national restrictions or bans on ionising radiation of foodstuffs and on trade in irradiated foodstuffs which are not included in the initial positive list established by the implementing Directive.Article 5 1. The maximum radiation dose for foodstuffs may be given in partial doses; however, the maximum radiation dose fixed in accordance with Article 4 must not be exceeded. Irradiation treatment may not be used in combination with any chemical treatment having the same purpose as that treatment.2. Exceptions to paragraph 1 may be decided on in accordance with the procedure laid down in Article 12.Article 6 The labelling of foodstuffs treated with ionising radiation shall be governed by the following provisions:1. in the case of products intended for the ultimate consumer and mass caterers:(a) if the products are sold as items, the words 'irradiated` or 'treated with ionising radiation` shall appear on the label as provided for in Article 5(3) of Directive 79/112/EEC.In the case of products sold in bulk, these words shall appear together with the name of the product on a display or notice above or beside the container in which the products are placed;(b) if an irradiated product is used as an ingredient, the same words shall accompany its designation in the list of ingredients.In the case of products sold in bulk, these words shall appear together with the name of the product on a display or notice above or beside the container in which the products are placed;(c) by way of derogation from Article 6(7) of Directive 79/112/EEC, the same words shall be required in order to indicate the irradiated ingredients used in compound ingredients in foodstuffs, even if these constitute less than 25 % of the finished product;2. in the case of products not intended for the ultimate consumer and mass caterers:(a) the words provided for in the previous paragraph shall be used to indicate treatment of both the foods and the ingredients contained in a non-irradiated foodstuff;(b) either the identity and address of the facility which carried out the irradiation or its reference number as provided for in Article 7 shall be indicated;3. the indication of treatment shall in all cases be given on the documents which accompany or refer to irradiated foodstuffs.Article 7 1. Member States shall inform the Commission of the competent authority or authorities responsible for:- prior approval of irradiation facilities,- the allocation of an official reference number for approved irradiation facilities,- official control and inspection,- withdrawal or modification of approval.2. Approval shall be granted only if the facility:- meets the requirements of the Joint FAO/WHO Codex Alimentarius Commission Recommended International Code of Practice for the operation of irradiation facilities used for the treatment of foods (reference FAO/WHO/CAC,vol.XV edition 1), and any supplementary requirements which may be adopted in accordance with the procedure laid down in Article 12 of this Directive,- designates a person responsible for compliance with all the conditions necessary for application of the process.3. Each Member State shall forward to the Commission:- the names, addresses and reference numbers of the irradiation facilities which it has approved, the text of the approval document, and any decision suspending or withdrawing approval.Furthermore the Member States shall forward to the Commission every year:- the results of checks carried out in the ionising irradiation facilities, in particular regarding the categories and quantities of products treated and the doses administered,- the results of checks carried out at the product marketing stage. Member States shall ensure that the methods used to detect treatment with ionising radiation comply with paragraphs 1 and 2 of the Annex to Directive 85/591/EEC (11) and are standardised or validated either already or as soon as possible, up to 1 January 2003 at the latest. Member States shall inform the Commission of the methods used and the Commission shall assess the use and development of these methods having regard to an opinion of the Scientific Committee for Food.4. On the basis of the data supplied in accordance with paragraph 3, the Commission shall publish in the Official Journal of the European Communities:- the details of the facilities as well as any changes in their status,- a report based on the information provided every year by the national supervisory authorities.Article 8 1. Irradiation facilities approved in accordance with Article 7 must, for each source of ionising radiation used, keep a record showing for each batch of foodstuffs treated:(a) the nature and quantity of foodstuffs irradiated;(b) the batch number;(c) the person ordering the irradiation treatment;(d) the recipient of the treated foodstuffs;(e) the date of irradiation;(f) the packaging materials used during treatment;(g) the data for control of the irradiation process as provided for in Annex III, the dosimetric checks carried out and the results obtained, with details in particular of the limits, lower and upper, of the dose absorbed and the type of ionising radiation;(h) reference to the initial dose validation measurements.2. The records referred to in paragraph 1 must be kept for a period of five years.3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 12.Article 9 1. A foodstuff treated with ionising radiation may not be imported from a third country unless it:- complies with the conditions which apply to those foodstuffs,- is accompanied by documents showing the name and address of the facility which carried out the irradiation treatment and providing the information referred to in Article 8,- was treated in an irradiation facility approved by the Community and appearing on the list referred to in paragraph 2 of this Article.2. (a) In accordance with the procedure laid down in Article 12, the Commission shall draw up the list of approved facilities for which official supervision guarantees that the requirements of Article 7 are complied with.For the purpose of drawing up this list, the Commission may instruct experts to carry out, under its authority, evaluations and inspections of irradiation facilities in third countries in accordance with Article 5 of Directive 93/99/EEC.The Commission shall publish that list and any amendments thereto in the Official Journal of the European Communities.(b) The Commission may conclude technical arrangements with the competent organisations in third countries on the procedures whereby the evaluations and inspections referred to in (a) are to be carried out.Article 10 Materials used for packaging foodstuffs to be irradiated must be suitable for the purpose.Article 11 Amendments to the Annexes to take account of scientific and technical progress shall be adopted in accordance with the procedure laid down in Article 100a of the Treaty.Article 12 1. Where the procedure defined in this Article is to be followed, the Commission shall be assisted by the Standing Committee on Foodstuffs, hereinafter referred to as 'the Committee`.The Chairman shall, without delay, refer the matter to the Committee, either on his own initiative or at the request of the representative of a Member State.2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.(b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.Article 13 The Scientific Committee for Food shall be consulted on any matter falling within the scope of this Directive likely to have an effect on public health.Article 14 1. Where a Member State, as a result of new information or of a reassessment of existing information made since this Directive was adopted, has clear proof that the irradiation of certain foodstuffs endangers human health although it complies with the provisions of this Directive, that Member State may temporarily suspend or restrict application of the provisions in question in its territory. It shall immediately inform the other Member States and the Commission thereof, giving grounds for its decision.2. The Commission shall examine the grounds referred to in paragraph 1 as soon as possible within the Standing Committee on Foodstuffs; it shall take the appropriate measures in accordance with the procedure laid down in Article 12. The Member State which took the decision referred to in paragraph 1 may maintain it until the measures have entered into force.3. Amendments to this Directive or to the implementing Directive may be made in accordance with the procedure laid down in Article 12 only to the extent necessary to ensure the protection of public health and shall in any event be limited to prohibitions or restrictions as compared to the previous legal situation.Article 15 Member States shall bring into force their laws, regulations and administrative provisions to comply with this Directive in such a way as to:- permit the marketing and use of irradiated foodstuffs by 20 September 2000,- prohibit the marketing and use of irradiated foodstuffs not complying with this Directive by 20 March 2001.They shall inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.Article 16 This Directive shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.Article 17 This Directive is addressed to the Member States.Done at Brussels, 22 February 1999.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentK.-H. FUNKE(1) OJ C 336, 30. 12. 1988, p. 7 and OJ C 303, 2. 12. 1989, p. 15.(2) OJ C 194, 31. 7. 1989, p. 14.(3) Opinion of the European Parliament of 11 October 1989 (OJ C 291, 20. 11. 1989, p. 58), Council Common Position of 27 October 1997 (OJ C 389, 22. 12. 1997, p. 36) and Decision of the European Parliament of 18 February 1998 (OJ C 80, 16. 3. 1998, p. 130). Council Decision of 25 January 1999. Decision of the European Parliament of 28 January 1999.(4) See page 24 of this Official Journal.(5) OJ L 159, 29. 6. 1996, p. 1.(6) OJ L 33, 8. 2. 1979, p. 1. Directive as last amended by Directive 97/4/EC (OJ L 43, 14. 2. 1997, p. 21).(7) OJ L 136, 20. 5. 1974, p. 1.(8) OJ L 186, 30. 6. 1989, p. 23.(9) OJ L 290, 24. 11. 1993, p. 14.(10) OJ C 102, 4. 4. 1996, p. 1.(11) OJ L 372, 31. 12. 1985, p. 50.ANNEX I CONDITIONS FOR AUTHORISING FOOD IRRADIATION 1. Food irradiation may be authorised only if:- there is a reasonable technological need,- it presents no health hazard and is carried out under the conditions proposed,- it is of benefit to the consumer,- it is not used as a substitute for hygiene and health practices or for good manufacturing or agricultural practice.2. Food irradiation may be used only for the following purposes:- to reduce the incidence of food-borne disease by destroying pathogenic organisms,- to reduce spoilage of foodstuffs by retarding or arresting decay processes and destroying spoilage organisms,- to reduce loss of foodstuffs by premature ripening, germination or sprouting,- to rid foodstuffs of organisms harmful to plant or plant products.ANNEX II SOURCES OF IONISING RADIATION Foodstuffs may be treated only by the following sources of ionising radiation:(a) gamma rays from radionuclides 60Co or 137Cs;(b) X-rays generated from machine sources operated at or below a nominal energy (maximum quantum energy) level of 5 MeV;(c) electrons generated from machine sources operated at or below a nominal energy (maximum quantum energy) level of 10 MeV.ANNEX III 1. DOSIMETRY Overall average absorbed dose It can be assumed for the purpose of the determination of the wholesomeness of foodstuffs treated with an overall average dose of 10 kGy or less that all radiation chemical effects in that particular dose range are proportional to the dose.The overall average dose, >START OF GRAPHIC> FD>END OF GRAPHIC>, is defined by the following integral over the total volume of the goods:>START OF GRAPHIC> FD>END OF GRAPHIC> = >NUM>1>DEN>M ∫ p (x,y,z) d (x,y,z) dVwhere >TABLE>The overall average absorbed dose can be determined directly for homogenous products or for bulk goods of homogenous apparent density by distributing an adequate number of dosimeters strategically and at random throughout the volume of the goods. From the dose distribution determined in this manner an average can be calculated which is the overall average absorbed dose.If the shape of the dose distribution curve through the product is well determined, the positions of minimum and maximum dose are known. Measurements of the distribution of dose in these two positions in a series of samples of the product can be used to give an estimate of the overall average dose.In some cases, the mean value of the average values of the minimum dose (>START OF GRAPHIC> FD>END OF GRAPHIC>min) and maximum dose (>START OF GRAPHIC> FD>END OF GRAPHIC>max) will be a good estimate of the overall dose: i.e., in these cases:overall average dose ≈ >NUM"START OF GRAPHIC> FD>END OF GRAPHIC>max + >START OF GRAPHIC> FD>END OF GRAPHIC>min>DEN>2The ratio of >NUM"START OF GRAPHIC> FD>END OF GRAPHIC>max>DEN"START OF GRAPHIC> FD>END OF GRAPHIC>min should not exceed 3.2. PROCEDURES 2.1. Before routine irradiation of a given category of foodstuff begins at a radiation facility, the locations of the minimum and maximum doses are determined by making dose measurements throughout the product volume. These validation measurements must be carried out a suitable number of times (e.g. 3-5) in order to make allowance for variations in product density or geometry.2.2. Measurements must be repeated whenever the product, its geometry or the irradiation conditions are changed.2.3. During the process, routine dose measurements are carried out in order to ensure that the dose limits are not exceeded. Measurements should be carried out by placing dosimeters at the positions of the maximum or minimum dose, or at a reference position. The dose at the reference position must be quantitatively linked to the maximum and minimum dose. The reference position should be located at a convenient point in or on the product, where dose variations are low.2.4. Routine dose measurements must be carried out on each batch and at regular intervals during production.2.5. In cases where flowing, non-packaged goods are irradiated, the locations of the minimum and maximum doses cannot be determined. In such a case it is preferable to use random dosimeter sampling to ascertain the values of these dose extremes.2.6. Dose measurements should be carried out by using recognised dosimetry systems, and the measurements should be traceable to primary standards.2.7. During irradiation, certain facility parameters must be controlled and continuously recorded. For radionuclide facilities the parameters include product transport speed or time spent in the radiation zone and positive indication for correct position of the source. For accelerator facilities, the parameters include product transport speed and energy level, electron current and scanner width of the facility.STATEMENT BY THE COMMISSION Recital 17 The Commission stresses that, once the new decision on the reform of the committee procedure has been adopted, it will propose to the legislator that the provisions governing committees in all previous acts should be adjusted to bring them into line with the new 'committee procedure` decision. The Commission undertakes to apply in full any interinstitutional agreement deriving from this new decision.STATEMENT BY THE COUNCIL AND THE COMMISSION Article 7(3) third indent With the objective of ensuring that such methods exist for all products, the Commission and the Member States will encourage the further development of standardised or validated methods of analysis, which aim to verify whether foodstuffs have been treated by ionising radiation. The Commission confirms that the annual report referred to in Article 7(4) will include information on such developments. It will include in its annual report for the year 2001 a review of the application of these provisions to determine whether any problems have arisen with the use of validated or standardised methods. The Commission will, where appropriate and in accordance with the decision-making procedures defined in the Treaties or in this Directive, take steps to deal with these problems and those that are likely to arise. This information shall also be made available to the European Parliament.

Summary: Foodstuffs treated with ionising radiation Foodstuffs treated with ionising radiation SUMMARY OF: Directive 1999/2/EC on the irradiation of foods and food ingredients WHAT IS THE AIM OF THE DIRECTIVE? It sets out the conditions for manufacturing, marketing, importing and compulsory labelling of foods treated with ionising radiation, a process used to reduce the number of pathogenic micro-organisms in food and to increase its shelf life. KEY POINTS Scope The directive does not apply to: foods exposed to ionising radiation from measuring or inspection devices, within specified limits; foods which are prepared for patients requiring sterile diets under medical supervision. The annex of Directive 1999/3/EC, an implementing directive, provides an initial list of foods that may be irradiated, i.e. dried aromatic herbs, spices and vegetable seasonings. Authorisations and approved facilities Foods may only be irradiated in facilities approved by EU countries’ authorities. Once facilities are approved, EU countries then provide a list of them to the European Commission. The Commission publishes the list of approved facilities. Decision 2002/840/EC allows foods to be irradiated in non-EU countries and then to be imported into the EU, so long as they meet EU rules and are irradiated in an approved facility, as listed in the annex to the Decision. Registration Irradiation facilities must keep records for each source of ionising radiation showing the information specified (i.e. the nature and quantity of foodstuffs irradiated, data for control of the irradiation process, etc.). These records must be kept for 5 years. Detailed rules on keeping the register are adopted by the Commission, assisted by the Standing Committee on Plants, Animals, Food and Feed (PAFF). Application to place irradiated foods on the market Irradiated foodstuffs may be placed on the EU market only if they comply with the directive, which specifies: the conditions for authorising food irradiation (technological need, benefit to the consumer, etc.) and permissible purposes (to reduce the incidence of disease, rid foodstuffs of harmful organisms); the foodstuffs must be in a wholesome state and irradiation must not be used to replace hygiene measures; irradiation may be combined with other chemical treatment, but only if that treatment is for different purposes; the sources of ionising radiation (gamma rays, X rays and electrons of certain characteristics); the dosimetry (the determination of the overall average absorbed dose and procedures for measuring it). The directive also specifies that the maximum radiation dose for foodstuffs may be given in partial doses. Labelling and packagingThe words ‘irradiated’ or ‘treated with ionising radiation’ must appear: on the label or packaging; on the documents which accompany irradiated foodstuffs or foodstuffs containing irradiated ingredients. Products intended for sale to the final consumer must meet the requirements laid down in Regulation (EU) No 1169/2011 on food information to be given to consumers. Products not intended for sale to the final consumer must be marked to indicate that they have been irradiated and the name and address of the facility where this was carried out. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 20 March 1999. EU countries had to incorporate it into national law by 20 September 2000 (rules to permit the marketing and use of irradiated foodstuffs) and 20 March 2001 (rules to prohibit the marketing and use of irradiated food not complying with this directive). BACKGROUND For more information, see: Food irradiation (European Commission). MAIN DOCUMENT Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation (OJ L 66, 13.3.1999, pp. 16–23) Successive amendments to Directive 1999/2/EC have been incorporated into the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Directive 1999/3/EC of the European Parliament and of the Council of 22 February 1999 on the establishment of a Community list of foods and food ingredients treated with ionising radiation (OJ L 66, 13.3.1999, pp. 24-25) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, pp. 18-63) See consolidated version. last update 28.02.2018


EUR-Lex - 32000Y0519(01) - EN Avis juridique important | 32000Y0519(01) Council Resolution of 28 October 1999 on the role of standardisation in Europe Official Journal C 141 , 19/05/2000 P. 0001 - 0004 Council Resolutionof 28 October 1999on the role of standardisation in Europe(2000/C 141/01)THE COUNCIL OF THE EUROPEAN UNION,1. RECALLING the objectives of the Treaty establishing the European Community, particularly the free movement of goods and services, the strengthening of economic and social cohesion, the protection of workers and consumers, the preservation, protection and improvement of the quality of the environment, the competitiveness of industry, and the role standardisation can play to attain these objectives;2. RECALLING its Resolution of 7 May 1985 on a new approach to technical harmonisation and standards(1), and its Resolution of 18 June 1992 on the role of standardisation in the European economy(2);3. NOTING the Commission's Report of 13 May 1998 on efficiency and accountability of European standardisation under the new approach(3);4. RECALLING its Conclusions of 18 May 1998(4) in which it agreed, inter alia, "on the need, in the light of the Commission's Report, for further reflection and discussions on standardisation issues in the Council as well as in other appropriate fora";5. ACKNOWLEDGING that a strong European standardisation system has been developed, and that in particular through the new approach this has contributed in a significant way to the functioning of the single market, the protection of health and safety, the competitiveness of industry and the promotion of international trade, and has been supporting an increasing range of Community policies;6. CONSIDERING that it is now timely to address aspects of the implementation of the new approach where experience shows improvement to be possible;7. RECOGNISING that the environment in which standardisation operates is changing rapidly for reasons arising from global trade relations, technological progress, or particular customer wishes; recognising the existence of different concepts of standardisation at the global level and the increasing tendency of interested parties to elaborate technical specifications outside recognised standardisation infrastructures; and recognising that it is now timely to introduce policies to address new challenges and provide for the success of standardisation in the future;8. BELIEVING that in responding to these needs, it is important to build on the basic structure of standardisation already existing in Europe, including the current status and responsibilities of national standards bodies in the European and international standards bodies (national delegation principle);9. ACKNOWLEDGING the opportunities offered to Europe by the enlargement of the Union and the challenges it poses to the applicant countries and their standards bodies in order to become part of and attain the full benefit of the European standardisation system;10. EMPHASISING the role of European standardisation as a means to meet specific needs of the European market, to serve the public interest, in particular in support of European policies, to provide standards in new domains, to implement international standards in a coherent way and, while respecting the independence of national standards bodies, to facilitate mutual understanding between Member States' standards bodies and the preparation of coherent positions in international standardisation;HAS THEREFORE AGREED on the following:Principles of standardisation11. CONFIRMS that standardisation is a voluntary, consensus-driven activity, carried out by and for the interested parties themselves, based on openness and transparency, within independent and recognised standards organisations, leading to the adoption of standards compliance with which is voluntary;12. EMPHASISES that standards should be fit for purpose, have a high degree of acceptability as a result of the full involvement of all relevant interested parties in the standardisation process, be coherent with each other and allow for technological innovation and competition; that therefore they should be based on sound scientific research, be updated regularly, and be performance-based where possible;13. ENCOURAGES the European standards bodies, in addition to maintaining the framework for the elaboration of formal standards required, inter alia, to support health, safety and environmental provisions in legislation, to continue to develop new policies to adapt to evolving market needs by:- diversifying the range of products and services offered to interested parties,- developing a graduated system of products other than formal standards, which comprises elaboration procedures and consultation processes adapted to the purpose of each product, and which provides for these products to be transformed into formal standards, where appropriate, as soon as possible;while maintaining their commitment to formal standardisation;14. REQUESTS the Commission to examine how a Community framework of principles should be developed with regard to the use within Community policies of specifications which do not have the status of formal standards;15. REQUESTS the Commission to examine whether differences between standardisation in the field of information and communications technology and standardisation in other sectors give rise to problems and opportunities and, if so, how these should be addressed;16. CALLS UPON national as well as European standards bodies to continue to support the functioning of the European standardisation infrastructure and the attainment of common European objectives;Enlargement17. WELCOMES the measures by the applicant countries and their standards bodies to create and further develop, with the support of the European Union, the necessary standardisation infrastructures to meet the conditions for membership of the European standards bodies so as to allow for a full and effective participation in European standardisation; calls upon the European standards bodies to carefully examine the need to adapt their internal procedures to an increased membership;Role of public authorities18. HIGHLIGHTS the legitimate interest of public authorities in European standardisation given its wide impact on society and given the new dimension it has taken as a result of the wide recourse made to it by Community policies, especially in support of legislation under the new approach;19. REQUESTS public authorities to acknowledge the strategic importance of standardisation, in particular by maintaining a stable and transparent legal, political and financial framework at the European, international and national levels, in which standardisation can futher evolve, in ensuring compliance with the principles governing standardisation, and, where appropriate, in contributing to the standardisation process;20. NOTES that the new approach created for the completion of the internal market, which combines the official instrument of the Directive with voluntarily applied European standards, has proved itself and should be further applied, and invites the Commission to examine systematically whether the new approach principle can be applied to sectors not yet covered as a means of improving and simplifying legislation wherever possible;21. CONSIDERS that cooperation between the Community and the European standards bodies should be based on a partnership, characterised by common objectives, and that new mechanisms for cooperation and transparency between the Commission, national authorities and the European standards bodies should be created, and in particular calls upon the European standards bodies to adopt procedures to resolve, in cooperation with the public authorities, problems which might otherwise lead to the application of the safeguard clause;Efficiency22. INVITES the European standards bodies to constantly update their policies for increasing the efficiency of the standardisation process, so as to deliver in a timely way the standards that meet the requirements of the market, including SMEs, and - as the case may be - of the terms of Community mandates and of Community legislation; and to report on a regular basis on the impact of policies on efficiency;23. in this context, INVITES the European standards bodies to consider more frequent recourse to indicative voting at an earlier stage in the standardisation process in order to verify consensus in cases where all the necessary technical elements are present, where the non-respect of agreed target dates is at risk, and where a draft is likely to obtain the number of positive votes required;24. INVITES the European standards bodies to develop or improve existing mechanisms, supplementing consensus at national level, allowing them to give broad consideration to the positions expressed by the various interest groups during the standardisation process;25. CALLS UPON the Commission:- to ensure that standardisation mandates under the new approach are prepared accurately and efficiently, affording Member States and the European standards bodies sufficient opportunity to contribute,- to ensure that standardisation activities covered by mandates are subject to thorough monitoring and that appropriate measures are examined with the European standards bodies in order to ensure proper progress, and- to carry out, as part of the continuous evaluation process, studies on the overall impact of standardisation, and to contribute, in close cooperation with the European standards bodies, to establishing a system for benchmaking the performances of those bodies, and to keep the Council informed of progress in this work;26. CALLS UPON public authorities in the Member States to make appropriate and timely contributions to the process of standardisation, in particular where standardisation is undertaken in support of Community policy or in the public interest;27. INVITES all interested parties to participate actively in the elaboration of standards and to contribute to the management of the standardisation process;28. WELCOMES the presentation by the European standards bodies of common, user-friendly, up-to-date and readily accessible information on progress in standardisation, and invites the standards bodies continually to improve their provision of information;29. NOTES WITH CONCERN that the production of harmonised European standards is subject to delays in some sectors, and in particular the absence so far of harmonised standards in relation to Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products(5) and calls upon all concerned to take the necessary steps to allow delivery of the standards needed to facilitate the free movement of goods in this sector;Financing30. CONSIDERS that the costs of elaborating standards should in principle be borne by the interested parties themselves;31. CONFIRMS ITS INTENTION to continue to provide targeted Community financial support to European standardisation within appropriate budgetary limits;32. INVITES the national and European standards bodies and public authorities to examine how the viability of an overall standardisation system in Europe can best be financially guaranteed in the light of a rapidly changing European and international evironment and of anticipate changes in the traditional sources of income;International standardisation33. RECOGNISING the increasing importance of internationl standards as markets become globalised, CONFIRMS its commitment to international standardisation and to the obligations under the World Trade Organisation's Technical Barriers to Trade Agreement (WTO-TBT), believing in particular that the use of full international standards should be further promoted through this Agreement, and noting that the Commission, the Member States and the European standards bodies have created instruments to implement these obligations effectively;34. CALLS UPON Europe's trading partners to give concrete expression to their commitment to international standardisation by introducing standards-receptive regulatory models and to promote the coherence of standards by withdrawing national standards which conflict with international standards, except where such international standards would be ineffective or inappropriate, for instance, because of an insufficient level of protection or fundamental climatic or geographical factors or fundamental technological problems;35. EMPHASISES the exemplary nature of the Vienna Agreement (between ISO and CEN) and the Dresden Agreement (between IEC and Cenelec) and ENCOURAGES standards bodies of Europe's trading partners to adopt comparable mechanisms for cooperation with international standards bodies and for the transposition of international standards;36. STRESSES the need for European participants in international standards bodies to use their best efforts to ensure that those bodies are efficient and accountable, and that international standards are of sufficiently high quality to play the role given to them by the WTO-TBT Agreement;37. STRESSES the need, while respecting the indepencence of national standards bodies, to ensure that interests defined at European level be presented coherently in both international standards bodies and intergovernmental fora, and that to this end appropriate mechanisms for the exchange of relevant information and preparatory consultations be foreseen by the Commission, the Member States and the European standards bodies;38. REMINDS the European parties- of the need to take full account of the essential requirements of Community legislation, and- that, in compliance with, inter alia, Article 137 of the Treaty, Member States are entitled to specify national requirements concerning the health and safety of workers at work, environmental protection, consumer protection and other relevant policies,when the elaboration of a harmonised standard is based on international work;39. STRESSES that interested parties such as workers', consumers', and environmental interest groups should be fully involved in the standardisation process at all relevant stages, when standards are drawn up at the international level;40. REQUESTS the Commission to develop, in consultation with the Member States, guidelines for a European standardisation policy in the international context which takes into account the elements referred to in paragraphs 33 to 39 above and to report to the Council before July 2001. Such guidelines should build on the experiences and strenghts of European standardisation as a contribution to the development, in close cooperation with Europe's trading partners, of international standards which play an important role in the removal of technical barriers to trade;Conclusion41. CALLS UPON the Commission to report to the Council by 30 June 2001 on the action it has taken in accordance with this resolution;42. RESOLVES TO REVIEW the implementation of this resolution on the basis, inter alia, of the Commission's report and to decide on futher action if necessary.(1) OJ C 136, 4.8.1985.(2) OJ C 173, 9.7.1992.(3) COM(98) 291.(4) Doc. 8884/98 MI 60 ECO 91.(5) OJ L 40, 11.2.1989, p. 12.

Summary: The role of standardisation in Europe The role of standardisation in Europe Along with the principle of mutual recognition, standardisation plays a central role in the proper functioning of the internal market. Harmonised European standards help ensure the free movement of goods within the internal market and allow enterprises in the European Union (EU) to become more competitive. These standards likewise help protect the health and safety of European consumers and also contribute to environmental protection. ACT Council Resolution of 28 October 1999 on the role of standardisation in Europe [Official Journal C 141 of 19.05.2000]. SUMMARY The Council acknowledges that a strong standardisation system has been developed in Europe, particularly through the " new approach ". This has also been testified by the Commission's report on the efficiency and accountability of European standardisation under the new approach (1998). It has contributed in a significant way to the smooth functioning of the single market, especially the free movement of goods and services. The system has also contributed to protecting health and safety, making industry more competitive and fostering international exchanges. Principles of standardisation Standardisation is a voluntary, consensus-driven activity carried out by all interested parties. The Council encourages the European standards bodies to develop new policies to adapt to market needs by: diversifying the products and services offered to interested parties; developing a graduated system of products other than formal standards, for example elaboration procedures and consultation processes. The Commission is called upon to examine how a Community framework of principles could be developed with regard to the use of specifications that do not have the status of formal standards. The Commission should also examine whether differences between standardisation in the field of information and communications technology and standardisation in other sectors give rise to problems. Enlargement The Council welcomes the measures taken by the applicant countries to create the necessary standardisation infrastructures to allow for full and effective participation in European standardisation. Role of public authorities Given the impact of European standardisation on society, the public authorities have a legitimate interest in this field. In this context, the Council requests public authorities to acknowledge the strategic importance of European standardisation and to maintain a stable and transparent legal, political and financial framework in which standardisation can further evolve. The Council also invites the Commission to examine whether the new approach principles could be applied to other sectors as a means of improving and simplifying legislation. The Council also calls upon the Commission, the public authorities and the European standards bodies to adopt procedures to resolve problems in applying the safeguard clause. Efficiency European standards bodies are called upon to constantly update their strategies for increasing the efficiency of the standardisation process, so that the standards delivered meet the requirements of the market (including those of small and medium-sized enterprises). The Commission is called upon to carry out studies on the overall impact of standardisation and to contribute to establishing a system for benchmarking the performances of European standards bodies. The Council has noted with concern the delays in some sectors, and calls upon all concerned to develop the standards needed to facilitate the free movement of goods in these sectors. Financing The Council considers that the costs of elaborating standards should in principle be borne by the interested parties themselves. It nonetheless confirms its intention to provide targeted Community financial support to European standardisation. International standardisation The Council confirms the importance of the World Trade Organisation's Technical Barriers to Trade Agreement (WTO-TBT Agreement). The Council calls upon Europe's trading partners to give their commitment to international standardisation, to introduce standards-receptive regulatory models and to promote coherence between national and international standards. When standards are drawn up at the international level, the Council considers that interested parties such as workers', consumers', and environmental interest groups should be fully involved. The Commission is called upon to develop, in consultation with the Member States, guidelines for a European standardisation policy in an international context. RELATED ACTS Council Conclusions of 21 and 22 December 2004 concerning the Commission Communication of 18 October 2004 to the European Parliament and the Council on the role of European standardisation in the framework of European policies and legislation [COM(2004) 674 final - Not published in the Official Journal]. Following the Commission Communication on the role of European standardisation in European policies and legislation, the Council, in December 2004, adopted conclusions in which it: recognises that European standardisation can help implement the objectives of the Lisbon Strategy and contribute towards sustainable development; recognises the need to continue to make progress on the introduction of new technologies and the proper functioning of the internal market for services; considers that European standardisation can play an important role in strengthening the competitiveness of European enterprises, in innovation and in broadening the knowledge base of the economy. Council conclusions of 1 March 2002 on standardisation [Official Journal C 66 of 15.03.2002]. The Council conclusions of 2002 take note of the Commission's 2001 report. The Council reiterates the importance that public authorities acknowledge the strategic importance of standardisation. It also notes with satisfaction the progress made by the candidate countries and their national standards bodies. Report from the Commission to the Council and the European Parliament on actions taken following the resolutions on European standardisation adopted by the Council and the European Parliament in 1999 [COM(2001) 527 final - Not published in the Official Journal]. Council Resolution of 18 June 1992 concerning the role of European standardisation in the European economy [Official Journal C 173 of 09.07.1992]. Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards. [Official Journal C 136 of 04.06.1985]. Last updated: 08.12.2005


EUR-Lex - 31996H0694 - EN Avis juridique important | 31996H0694 96/694/EC: Council Recommendation of 2 December 1996 on the balanced participation of women and men in the decision-making process Official Journal L 319 , 10/12/1996 P. 0011 - 0015 COUNCIL RECOMMENDATION of 2 December 1996 on the balanced participation of women and men in the decision-making process (96/694/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,Having regard to the proposals from the Commission,Having regard to the opinion of the European Parliament (1),Having regard to the opinion of the Economic and Social Committee (2),(1) Whereas the Council has adopted a series of legislative instruments and a number of political commitments in the field of equal treatment and equal opportunities for men and women (3) (4) (5) (6);(2) Whereas the Heads of State and Government, meeting within the European Council in Essen, Cannes and Madrid, stressed that the fight against unemployment and equal opportunities for women and men were paramount tasks of the European Union and its Member States;(3) Whereas attention was focused on women's access to decision-making in Council Recommendation 84/635/EEC of 13 December 1984 on the promotion of positive action for women (7), in the second Council Resolution of 24 July 1986 on the promotion of equal opportunities for women (8), in the Council Resolution of 21 May 1991 on the third medium-term Community action programme on equal opportunities for women and men (1991-1995) (9), in the Council Resolution of 27 March 1995 on the balanced participation of women and men in decision-making (10) and in Council Decision 95/593/EC of 22 December 1995 on a medium-term Community action programme on equal opportunities for men and women (1996-2000) (11);(4) Whereas the European Parliament in its Resolution of 11 February 1994 on women in decision-making bodies (12) asked the Commission to 'step up implementation of the equal opportunities policy set out in the third Community action programme, to combat individual obstacles which hinder women from taking part in decision-making` and to define 'measures and actions to promote greater participation of women in the decision-making process`;(5) Whereas the Declaration and the Platform for Action of the Fourth World Conference on Women (Beijing, 4 to 15 September 1995) stressed the need to ensure that responsibilities, powers and rights are shared equally; whereas the Member States are committed to implementing the Platform for Action;(6) Whereas participation in the decision-making process depends on representation on decision-making bodies at all levels of political, economic, social and cultural life and requires, in particular, presence in posts of responsibility and decision-taking positions;(7) Whereas women are still under-represented in decision-making bodies, in the political, economic, social and cultural spheres;(8) Whereas the under-representation of women in decision-making bodies is partly a result of the delay in women attaining equal civic and civil rights, of obstacles to their gaining economic independence and of difficulties in reconciling their working and family life;(9) Whereas balanced participation of women and men in the decision-making process is a requirement for democracy;(10) Whereas the under-representation of women in decision-making posts constitutes a loss for society as a whole and may prevent the interests and needs of the entire population from being catered for in full;(11) Whereas measures aimed at bringing about a balanced participation of women and men in the decision-making process in all sectors should go together with the integration of the dimension of equality of opportunity for women and men in all policies and actions;(12) Whereas balanced participation of women and men in the decision-making process is likely to give rise to different ideas, values and behaviour which will result in more justice and equality in the world for both men and women;(13) Whereas the Member States, the social partners, political parties and organizations, non-governmental organizations and the media play a key role in creating a society where there is a gender balance in the exercise of responsibilities in the political, economic, social and cultural spheres;(14) Whereas it is appropriate to adopt guidelines to promote balanced participation of women and men in the decision-making process with the aim of bringing about equality of opportunity for women and men and whereas it is appropriate, within the framework of the medium-term Community action programme on equal opportunities for men and women (1996-2000), to make those guidelines more effective through the exchange of information on good practice;(15) Whereas the provisions of this Recommendation apply solely within the limits of Community competence; whereas equal treatment for male and female workers constitutes one of the objectives of the Community, insofar as the harmonization of living and working conditions while maintaining their improvement are, inter alia, to be furthered;(16) Whereas the Treaty does not confer, for the adoption of this Recommendation, any other powers than those referred to in Article 235,I. RECOMMENDS THAT THE MEMBER STATES:1. adopt a comprehensive, integrated strategy designed to promote balanced participation of women and men in the decision-making process and develop or introduce the appropriate measures to achieve this, such as, where necessary, legislative and/or regulatory measures and/or incentives;2. (a) alert those involved in education and training at all levels, including those responsible for teaching materials, to the importance of:- a realistic and complete image of the roles and abilities of women and men in society, free of prejudice and discriminatory stereotypes,- a more balanced sharing of professional, domestic and social responsibilities between women and men, and- balanced participation of women and men in the decision-making process at all levels;(b) at all levels of education and training, encourage girls and women to take part and express themselves in education and training activities as actively and fully as boys and men, so as to prepare them for an active role in society, including political, economic, social and cultural life, and in particular in decision-making processes;(c) make public opinion aware of the importance of disseminating an image of women and men that neither reinforces nor consolidates discriminatory stereotyping of women's and men's responsibilities;(d) without encroaching on their autonomy, encourage and support efforts of associations and organizations in all areas of society to promote women's access to the decision-making process and balanced participation by women and men in decision-making bodies;(e) without prejudice to their autonomy, encourage and support the efforts of the social partners to promote balanced participation of women and men in their activities and highlight the social partners' responsibility for promoting and proposing women candidates for nomination to various assignments on public commissions and committees in the Member States and at Community level;(f) devise, launch and promote public campaigns to alert public opinion to the usefulness and advantages for society as a whole of balanced participation by women and men in decision-making;3. (a) promote or improve the collection and publication of statistics to provide a clearer picture of how women and men are represented at all levels of the decision-making process in the political, economic, social and cultural spheres;(b) support, develop and encourage quantitative and qualitative studies on the participation of women and men in the decision-making process, and especially:- on the legal, social or cultural obstacles impeding access to and participation in the decision-making process for persons of either sex,- on strategies for overcoming such obstacles, and- on the utility and advantages for society and for the operation of democracy of a better balance between the sexes in the decision-making process;(c) promote, support and encourage initiatives creating examples of good practice in the various areas of the decision-making process and develop programmes for the dissemination and exchange of experience with a view to propagating activities;4. (a) promote balanced participation by women and men at all levels in governmental bodies and committees;(b) raise the awareness of those involved of the importance of taking initiatives to achieve balanced participation of women and men in public positions at all levels, paying particular attention to the promotion of a balanced composition in committees, commissions and working parties at national as well as Community level;(c) provide for, implement or develop a coherent set of measures encouraging equal opportunities in the public sector and respecting the concept of balanced participation in the decision-making process, and ensure, when recruitment competitions take place, that women and men are, as far as possible, represented equally in the committees responsible for preparing competitions and in the selection boards;(d) encourage the private sector to increase the presence of women at all levels of decision-making, notably by the adoption of, or within the framework of, equality plans and positive action programmes;II. CALLS ON THE INSTITUTIONS, SUBSIDIARY BODIES AND DECENTRALIZED BODIES OF THE EUROPEAN COMMUNITIES TO:design a strategy for achieving balanced participation by women and men in the decision-making process in each institution, subsidiary body and decentralized body of the European Communities;III. CALLS ON THE COMMISSION TO:1. encourage and organize, within the framework of Council Decision 95/593/EC of 22 December 1995 on a medium-term Community action programme on equal opportunities for men and women (1996-2000), systematic pooling of information and experience between Member States on good practice and the assessment of the impact of measures taken to achieve a better balance between women and men in the decision-making process;2. to this end, and within that framework, step up its efforts to provide information, alert public opinion, encourage research and promote schemes aimed at achieving balanced participation by women and men in the decision-making process;3. submit a report to the European Parliament, the Council and the Economic and Social Committee, for the first time three years after adoption of this Recommendation and thereafter annually, on its implementation, on the basis of the information provided by the Member States and the institutions, subsidiary bodies and decentralized bodies of the European Communities.Done at Brussels, 2 December 1996.For the CouncilThe PresidentE. FITZGERALD(1) OJ No C 166, 10. 6. 1996, p. 276.(2) OJ No C 204, 15. 7. 1996, p. 21.(3) - Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (OJ No L 45, 19. 2. 1975, p. 19).- Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ No L 39, 14. 2. 1976, p. 40).- Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ No L 6, 10. 1. 1979, p. 24).- Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes (OJ No L 225, 12. 8. 1986, p. 40).- Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood (OJ No L 359, 19. 12. 1986, p. 56).- Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (OJ No L 348, 28. 11. 1992, p. 1).(4) - Council Decision 95/593/EC of 22 December 1995 on a medium-term Community action programme on equal opportunities for men and women (1996-2000) (OJ No L 335, 30. 12. 1995, p. 37).(5) - Council recommendation 84/635/EEC of 13 December 1984 on the promotion of positive action for women (OJ No L 331, 19. 12. 1984, p. 34).- Council recommendation 92/241/EEC of 31 March 1992 on child care (OJ No L 123, 8. 5. 1992, p. 16).(6) - Council resolution of 12 July 1982 on the promotion of equal opportunities for women (OJ No C 186, 21. 7. 1982, p. 3).- Council resolution of 7 June 1984 on action to combat unemployment amongst women (OJ No C 161, 21. 6. 1984, p. 4).- Resolution of the Council and the Ministers for Education, meeting within the Council, of 3 June 1985 containing an action programme on equal opportunities for girls and boys in education (OJ No C 166, 5. 7. 1985, p. 1).- Second Council resolution of 24 July 1986 on the promotion of equal opportunities for women (OJ No C 203, 12. 8. 1986, p. 2).- Council resolution of 16 December 1988 on the reintegration and late integration of women into working life (OJ No C 333, 28. 12. 1988, p. 1).- Council resolution of 29 May 1990 on the protection of the dignity of women and men at work (OJ No C 157, 27. 6. 1990, p. 3).- Council resolution of 21 May 1991 on the third medium-term Community action programme on equal opportunities for women and men (1991-1995) (OJ No C 142, 31. 5. 1991, p. 1).- Council resolution of 22 June 1994 on the promotion of equal opportunities for women and men through action by the European Structural Funds (OJ No C 231, 20. 8. 1994, p. 1).- Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 6 December 1994 on equal participation by women in an employment-intensive economic growth strategy within the European Union (OJ No C 368, 23. 12. 1994, p. 3).- Council resolution of 27 March 1995 on the balanced participation of women and men in decision-making (OJ No C 168, 4. 7. 1995, p. 3).- Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 5 October 1995 on the image of women and men portrayed in advertising and the media (OJ No C 296, 10. 11. 1995, p. 15).(7) OJ No L 331, 19. 12. 1984, p. 34.(8) OJ No C 203, 12. 8. 1986, p. 2.(9) OJ No C 142, 31. 5. 1991, p. 1.(10) OJ No C 168, 4. 7. 1995, p. 3.(11) OJ No L 335, 30. 12. 1995, p. 37.(12) OJ No C 61, 28. 2. 1994, p. 248.

Summary: Balanced participation of women and men in the decision-making process Balanced participation of women and men in the decision-making process The European Union defines measures aimed at promoting the participation of women in the decision-making process in both the public and the private sectors. ACT Council Recommendation of 2 December 1996 on the balanced participation of women and men in the decision-making process. SUMMARY The Council recommends that the Member States adopt a comprehensive, integrated strategy designed to promote the balanced participation of women and men in the decision-making process, and to develop or introduce to this end the appropriate legislative, regulatory or incentive measures. The Council recommends that the Member States: alert all those involved in education and training to the importance of an image of women's role in society which is free of prejudice and discriminatory stereotypes, a more balanced sharing of professional, domestic and social responsibilities between women and men and more balanced participation of women and men in the decision-making process; encourage girls and women to take part and express themselves in education and training activities as actively and fully as boys and men; encourage and support efforts of associations and organisations to promote women's access to the decision-making process; encourage and support the efforts of the social partners to promote balanced participation of women and men in their activities; devise, launch and promote public campaigns to alert public opinion to the usefulness and advantages for society as a whole of balanced participation by women and men in decision-making. The Council recommends that the Member States: promote or improve the collection and publication of statistics to provide a picture of how women and men are represented at all levels of the decision-making process; support, develop and encourage quantitative and qualitative studies on the legal, social or cultural obstacles impeding access to the decision-making process for persons of either sex; support and encourage initiatives creating examples of good practice in the various areas of the decision-making process. The Council recommends that the Member States: promote more balanced participation by women and men at all levels in government; provide for, implement or develop a coherent set of measures encouraging equal opportunities in the public sector; encourage the private sector to increase the presence of women at all levels of decision-making, notably by the adoption of equality plans and positive action programmes. The Council calls on the Commission: to encourage and organise, within the framework of the medium-term Community action programme on equal opportunities for men and women (1996-2000), systematic pooling of experience and assessment of the policies pursued in order to achieve a better balance between women and men in the decision-making process; to step up its efforts to provide information, alert public opinion, encourage research and promote schemes aimed at achieving balanced participation by women and men in the decision-making process; within three years from adoption of this Recommendation, to submit a report to the Council on its implementation, on the basis of information provided by the Member States. References Act Entry into force Deadline for transposition in the Member States Official Journal Recommendation of 02.12.1996 - - Official Journal L 319 of 10.12.1996 RELATED ACTS Report from the Commission to the Council on the implementation of Council recommendation 96/694/EC of 2nd December 1996 on the balanced participation of women and men in the decision-making process [COM(2000) 120 - Not published in the Official Journal] This Commission report fulfils the obligation set by Recommendation 96/694/EC to submit a report on its implementation three years after its adoption. Despite various efforts and results in the different Member States and the European institutions, there has been no significant change to the situation of women being under-represented in decision-making posts. While the European institutions have given special attention to recruitment and promotion policies, the gender balance has not been met either in the committees or in bodies at all levels in the Member States. The balanced participation of women and men in the decision-making process is an essential requirement of democracy and a positive step for society, as decisions then take into account the needs and interests of the population as a whole. The Commission recommends the adoption of a long-term global strategy and highlights the need to raise awareness in the private sector, a sector which requires particular attention and perhaps a different approach. Data collection also needs to be improved in order to ensure regular monitoring. Finally, a new measure should be agreed upon. See also For more information please consult the European Commission website on women and men in decision-making Last updated: 28.06.2006


EUR-Lex - 31996R2271 - EN Avis juridique important | 31996R2271 Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom Official Journal L 309 , 29/11/1996 P. 0001 - 0006 COUNCIL REGULATION (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefromTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 73c, 113 and 235 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (1),Whereas the objectives of the Community include contributing to the harmonious development of world trade and to the progressive abolition of restrictions on international trade;Whereas the Community endeavours to achieve to the greatest extent possible the objective of free movement of capital between Member States and third countries, including the removal of any restrictions on direct investment - including investment in real estate - establishment, the provision of financial services or the admission of securities to capital markets;Whereas a third country has enacted certain laws, regulations, and other legislative instruments which purport to regulate activities of natural and legal persons under the jurisdiction of the Member State;Whereas by their extra-territorial application such laws, regulations and other legislative instruments violate international law and impede the attainment of the aforementioned objectives;Whereas such laws, including regulations and other legislative instruments, and actions based thereon or resulting therefrom affect or are likely to affect the established legal order and have adverse effects on the interests of the Community and the interests of natural and legal persons exercising rights under the Treaty establishing the European Community;Whereas, under these exceptional circumstances, it is necessary to take action at Community level to protect the established legal order, the interests of the Community and the interests of the said natural and legal persons, in particular by removing, neutralising, blocking or otherwise countering the effects of the foreign legislation concerned;Whereas the request to supply information under this Regulation does not preclude a Member State from requiring information of the same kind to be provided to the authorities of that State;Whereas the Council has adopted the Joint Action 96/668/CFSP of 22 November 1996 (2) in order to ensure that the Member States take the necessary measures to protect those natural and legal persons whose interests are affected by the aforementioned laws and actions based thereon, insofar as those interests are not protected by this Regulation;Whereas the Commission, in the implementation of this Regulation, should be assisted by a committee composed of representatives of the Member States;Whereas the actions provided for in this Regulation are necessary to attain objectives of the Treaty establishing the European Community;Whereas for the adoption of certain provisions of this Regulation the Treaty does not provide powers other than those of Article 235,HAS ADOPTED THIS REGULATION:Article 1 This Regulation provides protection against and counteracts the effects of the extra-territorial application of the laws specified in the Annex of this Regulation, including regulations and other legislative instruments, and of actions based thereon or resulting therefrom, where such application affects the interests of persons, referred to in Article 11, engaging in international trade and/or the movement of capital and related commercial activities between the Community and third countries.Acting in accordance with the relevant provisions of the Treaty and notwithstanding the provisions of Article 7 (c), the Council may add or delete laws to or from the Annex to this Regulation.Article 2 Where the economic and/or financial interests of any person referred to in Article 11 are affected, directly or indirectly, by the laws specified in the Annex or by actions based thereon or resulting therefrom, that person shall inform the Commission accordingly within 30 days from the date on which it obtained such information; insofar as the interests of a legal person are affected, this obligation applies to the directors, managers and other persons with management responsibilities (3).At the request of the Commission, such person shall provide all information relevant for the purposes of this Regulation in accordance with the request from the Commission within 30 days from the date of the request.All information shall be submitted to the Commission either directly or through the competent authorities of the Member States. Should the information be submitted directly to the Commission, the Commission will inform immediately the competent authorities of the Member States in which the person who gave the information is resident or incorporated.Article 3 All information supplied in accordance with Article 2 shall only be used for the purposes for which it was provided.Information which is by nature confidential or which is provided on a confidential basis shall be covered by the obligation of professional secrecy. It shall not be disclosed by the Commission without the express permission of the person providing it.Communication of such information shall be permitted where the Commission is obliged or authorized to do so, in particular in connection with legal proceedings. Such communication must take into account the legitimate interests of the person concerned that his or her business secrets should not be divulged.This Article shall not preclude the disclosure of general information by the Commission. Such disclosure shall not be permitted if this is incompatible with the original purpose of such information.In the event of a breach of confidentiality, the originator of the information shall be entitled to obtain that it be deleted, disregarded or rectified, as the case may be.Article 4 No judgment of a court or tribunal and no decision of an administrative authority located outside the Community giving effect, directly or indirectly, to the laws specified in the Annex or to actions based thereon or resulting there from, shall be recognized or be enforceable in any manner.Article 5 No person referred to in Article 11 shall comply, whether directly or through a subsidiary or other intermediary person, actively or by deliberate omission, with any requirement or prohibition, including requests of foreign courts, based on or resulting, directly or indirectly, from the laws specified in the Annex or from actions based thereon or resulting therefrom.Persons may be authorized, in accordance with the procedures provided in Articles 7 and 8, to comply fully or partially to the extent that non-compliance would seriously damage their interests or those of the Community. The criteria for the application of this provision shall be established in accordance with the procedure set out in Article 8. When there is sufficient evidence that non-compliance would cause serious damage to a natural or legal person, the Commission shall expeditiously submit to the committee referred to in Article 8 a draft of the appropriate measures to be taken under the terms of the Regulation.Article 6 Any person referred to in Article 11, who is engaging in an activity referred to in Article 1 shall be entitled to recover any damages, including legal costs, caused to that person by the application of the laws specified in the Annex or by actions based thereon or resulting therefrom.Such recovery may be obtained from the natural or legal person or any other entity causing the damages or from any person acting on its behalf or intermediary.The Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters shall apply to proceedings brought and judgments given under this Article. Recovery may be obtained on the basis of the provisions of Sections 2 to 6 of Title II of that Convention, as well as, in accordance with Article 57 (3) of that Convention, through judicial proceedings instituted in the Courts of any Member State where that person, entity, person acting on its behalf or intermediary holds assets.Without prejudice to other means available and in accordance with applicable law, the recovery could take the form of seizure and sale of assets held by those persons, entities, persons acting on their behalf or intermediaries within the Community, including shares held in a legal person incorporated within the Community.Article 7 For the implementation of this Regulation the Commission shall:(a) inform the European Parliament and the Council immediately and fully of the effects of the laws, regulations and other legislative instruments and ensuing actions mentioned in Article 1, on the basis of the information obtained under this Regulation, and make regularly a full public report thereon;(b) grant authorization under the conditions set forth in Article 5 and, when laying down the time limits with regard to the delivery by the Committee of its opinion, take fully into account the time limits which have to be complied with by the persons which are to be subject of an authorization;(c) add or delete, where appropriate, references to regulations or other legislative instruments deriving from the laws specified in the Annex, and falling under the scope of this Regulation;(d) publish a notice in the Official Journal of the European Communities on the judgments and decisions to which Articles 4 and 6 apply;(e) publish in the Official Journal of the European Communities the names and addresses of the competent authorities of the Member States referred to in Article 2.Article 8 For the purposes of the implementation of Article 7 (b) and (c), the Commission shall be assisted by a Committee composed of the representatives of the Member States and chaired by the representative of the Commission.The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.If, on the expiry of a period of two weeks from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.Article 9 Each Member State shall determine the sanctions to be imposed in the event of breach of any relevant provisions of this Regulation. Such sanctions must be effective, proportional and dissuasive.Article 10 The Commission and the Member States shall inform each other of the measures taken under this Regulation and of all other relevant information pertaining to this Regulation.Article 11 This Regulation shall apply to:1. any natural person being a resident in the Community (4) and a national of a Member State,2. any legal person incorporated within the Community,3. any natural or legal person referred to in Article 1 (2) of Regulation (EEC) No 4055/86 (5),4. any other natural person being a resident in the Community, unless that person is in the country of which he is a national,5. any other natural person within the Community, including its territorial waters and air space and in any aircraft or on any vessel under the jurisdiction or control of a Member State, acting in a professional capacity.Article 12 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 22 November 1996.For the CouncilThe PresidentS. BARRETT(1) Opinion delivered on 25 October 1996 (OJ No C 347, 18. 11. 1996).(2) See page 7 of this Official Journal.(3) Information should be supplied to the following address: European Commission, Directorate General I, Rue de la Loi/Wetstraat 200, B - 1049 Brussels (fax (32-2) 295 65 05).(4) For the purposes of this Regulation, 'being a resident in the Community` means: being legally established in the Community for a period of at least six months within the 12-month period immediately prior to the date on which, under this Regulation, an obligation arises or a right is exercised.(5) Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries (OJ No L 378, 31.12.1986, p. 1). Regulation as last amended by Regulation (EC) No 3573/90 (OJ No C 353, 17.12.1990, p. 16).ANNEX LAWS, REGULATIONS AND OTHER LEGISLATIVE INSTRUMENTS (1) referred to in Article 1 COUNTRY: UNITED STATES OF AMERICAACTS1. 'National Defense Authorization Act for Fiscal Year 1993`, Title XVII 'Cuban Democracy Act 1992`, sections 1704 and 1706Required compliance:The requirements are consolidated in Title I of the 'Cuban Liberty and Democratic Solidarity Act of 1996`, see below.Possible damages to EU interests:The liabilities incurred are now incorporated within the 'Cuban Liberty and Democratic Solidarity Act of 1996`, see below.2. 'Cuban Liberty and Democratic Solidarity Act of 1996`Title IRequired compliance:To comply with the economic and financial embargo concerning Cuba by the USA, by, inter alia, not exporting to the USA any goods or services of Cuban origin or containing materials or goods originating in Cuba either directly or through third countries, dealing in merchandise that is or has been located in or transported from or through Cuba, re-exporting to the USA sugar originating in Cuba without notification by the competent national authority of the exporter or importing into the USA sugar products without assurance that those products are not products of Cuba, freezing Cuban assets, and financial dealings with Cuba.Possible damages to EU interests:Prohibition to load or unload freight from a vessel in any place in the USA or to enter a USA port; refusal to import any goods or services originating in Cuba and to import into Cuba goods or services originating in the USA, blocking of financial dealings involving Cuba.Title III and Title IV:Required compliance:To terminate 'trafficking` in property, formerly owned by US persons (including Cubans who have obtained US citizenship) and expropriated by the Cuban regime. (Trafficking includes: use, sale, transfer, control, management and other activities to the benefit of a person).Possible damages to EU interests:Legal proceedings in the USA, based upon liability already accruing, against EU citizens or companies involved in trafficking, leading to judgments/decisions to pay (multiple) compensation to the USA party. Refusal of entry into the USA for persons involved in trafficking, including the spouses, minor children and agents thereof.3. 'Iran and Libya Sanctions Act of 1996`Required compliance:Not to invest in Iran or Libya any amount greater than USD 40 million during a period of 12 months that directly and significantly contributes to the enhancement of the Iranian or Libyan ability to develop their petroleum resources. (Investment covering the entering into a contract for the said development, or the guaranteeing of it, or the profiting therefrom or the purchase of a share of ownership therein.)NB: Investments under contracts existing before 5 August 1996 are exempted.Respect of embargo concerning Libya established by Resolutions 748 (1992) and 883 (1993) of the Security Council of the United Nations (2).Possible damages to EU interests:Measures taken by the US President to limit imports into USA or procurement to USA, prohibition of designation as primary dealer or as repository of USA Government funds, denial of access to loans from USA financial institutions, export restrictions by USA, or refusal of assistance by EXIM-Bank.REGULATIONS1. 1 CFR (Code of Federal Regulations) Ch. V (7-1-95 edition) Part 515 - Cuban Assets Control Regulations, subpart B (Prohibitions), E (Licenses, Authorizations and Statements of Licensing Policy) and G (Penalties)Required compliance:The prohibitions are consolidated in Title I of the 'Cuban Liberty and Democratic Solidarity Act of 1996`, see above. Furthermore, requires the obtaining of licences and/or authorizations in respect of economic activities concerning Cuba.Possible damages to EU interests:Fines, forfeiture, imprisonment in cases of violation.(1) Further information with regard to the aforementioned laws and regulations can be obtained from the European Commission, Directorate General I.E.3, Rue de la Loi/Wetstraat 200, B-1049 Brussels (fax: (32-2) 295 65 05).(2) See Community implementation of those Resolutions through Council Regulation (EC) No 3274/93 (OJ No L 295, 30. 11. 1993, p. 1).

Summary: Effects of foreign legislation on the EU’s financial interests Effects of foreign legislation on the EU’s financial interests SUMMARY OF: Regulation (EC) No 2271/96 protecting against the effects of the extra-territorial application of legislation adopted by a non-EU country WHAT IS THE AIM OF THE REGULATION? It aims to protect the economic and/or financial interests of individuals or legal entities against the extra-territorial effects of legislation adopted by non-EU countries. KEY POINTS The laws covered by the regulation are specified in its annex. The protection concerns: international trade; and/or the movement of capital; and related commercial activities between the EU and non-EU countries. The regulation applies to: any individual who is a resident in the EU and a national of an EU country; any legal entity incorporated within the EU; nationals of EU countries who are established outside the EU and shipping companies established outside the EU and controlled by nationals of an EU country (for example a French person working in a Dutch-owned shipping company in a non-EU country), if their vessels are registered in that country in accordance with its legislation; individuals who are a resident in the EU, unless that person is in the country of which he or she is a national; any other individual within the EU, including its territorial waters and airspace and in any aircraft or on any vessel under the jurisdiction or control of an EU country, acting in a professional capacity. Any person whose economic and financial interests are affected by foreign legislation must inform the European Commission within 30 days. This 30-day period runs from the date on which the person obtained this information.If a court or tribunal or an administrative authority located outside the EU handed down a decision giving effect, directly or indirectly, to the laws specified in the annex (such as the US’s ‘Iran Sanctions Act of 1996’), this decision would not be recognised or enforceable in any manner. The persons referred to in this regulation shall not comply with any requirement or prohibition based on the laws specified in the annex. Nonetheless, a person may be authorised to comply fully or partially with the said requirements or prohibitions to the extent that non-compliance would seriously damage their interests or those of the EU. This authorisation is granted by the Commission, which is assisted by a committee composed of representatives of the EU countries.The EU countries determine the sanctions to be imposed in the event of a breach of any relevant provisions of this regulation. Amendments to the regulation Regulation (EU) No 37/2014 empowers the Commission to adopt delegated acts. It also states that Regulation (EC) No 2271/96 requires uniform conditions for establishing criteria for the authorisation of persons to comply fully or partially with any requirement or prohibition, including requests of foreign courts, in cases where non-compliance would seriously damage their interests or those of the EU. Those measures should be adopted in accordance with Regulation (EU) No 182/2011. (Committees’ role in European Commission’s implementing powers). Delegated Regulation (EU) 2018/1100 amends the annex to take into account the fact that in May 2018, the US announced they will no longer waive their national restrictive measures relating to Iran. Some of those measures have extra-territorial effect and may have adverse consequences for the interests of the EU and the interests of natural and legal persons engaged in economic activities with Iran. FROM WHEN DOES THE REGULATION APPLY? It has applied since 29 November 1996. MAIN DOCUMENT Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (OJ L 309, 29.11.1996, pp. 1-6) Successive amendments to Regulation (EC) No 2271/96 have been incorporated in the basic text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EU) No 37/2014 of the European Parliament and of the Council of 15 January 2014 amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures (OJ L 18, 21.1.2014, pp. 1-51) See consolidated version. Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, pp. 13-18) last update 27.09.2018