11.4.2006 EN Official Journal of the European Union L 102/1 REGULATION (EC) No 561/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Economic and Social Committee (2), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), in the light of the joint text approved by the Conciliation Committee on 8 December 2005, Whereas: (1) In the field of road transport, Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (4) sought to harmonise the conditions of competition between modes of inland transport, especially with regard to the road transport sector, and to improve working conditions and road safety. Progress in these areas should be safeguarded and extended. (2) Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (5) requires Member States to adopt measures which limit the maximum weekly working time of mobile workers. (3) Difficulties have been experienced in interpreting, applying, enforcing and monitoring certain provisions of Regulation (EEC) No 3820/85 relating to driving time, break and rest period rules for drivers engaged in national and international road transport within the Community in a uniform manner in all Member States, because of the broad terms in which they are drafted. (4) Effective and uniform enforcement of those provisions is desirable if their objectives are to be achieved and the application of the rules is not to be brought into disrepute. Therefore, a clearer and simpler set of rules is needed, which will be more easily understood, interpreted and applied by the road transport industry and the enforcement authorities. (5) Measures provided for in this Regulation regarding working conditions should not prejudice the right of the two sides of industry to lay down, by collective bargaining or otherwise, provisions more favourable to workers. (6) It is desirable to define clearly the scope of this Regulation by specifying the main categories of vehicle which it covers. (7) This Regulation should apply to carriage by road undertaken either exclusively within the Community or between the Community, Switzerland and the countries party to the Agreement on the European Economic Area. (8) The European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1 July 1970 (the AETR), as amended, should continue to apply to the carriage by road of goods and passengers by vehicles registered in any Member State or any country which is a contracting party to the AETR, for the whole of the journey where that journey is between the Community and a third country other than Switzerland and the countries which are contracting parties to the Agreement on the European Economic Area or through such a country. It is essential to modify the AETR as soon as possible, ideally within two years of the entry into force of this Regulation, in order to align its provisions with this Regulation. (9) In the case of carriage by road using vehicles registered in a third country which is not a contracting party to the AETR, the provisions of the AETR should apply to that part of the journey effected within the Community or within countries which are contracting parties to the AETR. (10) Since the subject matter of the AETR falls within the scope of this Regulation, the power to negotiate and conclude the Agreement lies with the Community. (11) If an amendment to the internal Community rules in the field in question necessitates a corresponding amendment to the AETR, Member States should act together to bring about such an amendment to the AETR as soon as possible, in accordance with the procedure laid down therein. (12) The list of exemptions should be updated to reflect developments in the road transport sector over the past 19 years. (13) Full definitions of all key terms should be given in order to render interpretation easier and ensure that this Regulation is applied in a uniform manner. In addition, efforts should be made to ensure uniform interpretation and application of this Regulation by national supervisory authorities. The definition of ‘week’ provided in this Regulation should not prevent drivers from starting their working week on any day of the week. (14) To guarantee effective enforcement, it is essential that the competent authorities, when carrying out roadside checks, and after a transitional period, should be able to ascertain that driving times and rest periods have been properly observed on the day of the check and over the preceding 28 days. (15) The basic rules on driving times need to be clarified and simplified to allow effective and uniform enforcement by means of the digital tachograph, as provided for in Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (6) and this Regulation. In addition, through a standing committee, Member State enforcement authorities should strive to reach a common understanding of the implementation of this Regulation. (16) It has proved possible under the rules of Regulation (EEC) No 3820/85 to schedule daily driving periods and breaks to enable a driver to drive for too long without a full break, leading to reduced road safety and a deterioration in the driver's working conditions. It is therefore appropriate to ensure that split breaks are so ordered as to prevent abuse. (17) This Regulation aims to improve social conditions for employees who are covered by it, as well as to improve general road safety. It does so mainly by means of the provisions pertaining to maximum driving times per day, per week and per period of two consecutive weeks, the provision which obliges drivers to take a regular weekly rest period at least once per two consecutive weeks and the provisions which prescribe that under no circumstances should a daily rest period be less than an uninterrupted period of nine hours. Since those provisions guarantee adequate rest, and also taking into account experience with enforcement practices during the past years, a system of compensation for reduced daily rest periods is no longer necessary. (18) Many road transport operations within the Community involve transport by ferry or by rail for part of the journey. Clear, appropriate provisions regarding daily rest periods and breaks should therefore be laid down for such operations. (19) In view of the increase in the cross-border carriage of goods and passengers, it is desirable, in the interests of road safety and enhanced enforcement, for roadside checks and checks at the premises of undertakings to cover driving times, rest periods and breaks undertaken within other Member States or third countries and to determine whether the relevant rules have been fully and properly observed. (20) The liability of transport undertakings should extend at least to transport undertakings that are legal or natural persons, and should not exclude proceedings against natural persons who are perpetrators, or instigators of, or accessories to, infringements of this Regulation. (21) It is necessary for drivers working for several transport undertakings to supply each of them with adequate information to enable it to fulfil its responsibilities under this Regulation. (22) In order to promote social progress and improve road safety, each Member State should retain the right to adopt certain appropriate measures. (23) National derogations should reflect changes in the road transport sector and be restricted to those elements not now subject to competitive pressures. (24) The Member States should lay down rules for vehicles used for the carriage of passengers on regular services where the route covered does not exceed 50 km. Those rules should provide adequate protection in terms of permitted driving times and mandatory breaks and rest periods. (25) It is desirable, in the interests of effective enforcement, that all regular national and international passenger transport services be checked using a standard recording device. (26) The Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate, dissuasive and non-discriminatory. The possibility of immobilising the vehicle where serious infringements are detected should also be included within the common range of measures open to Member States. The provisions contained in this Regulation pertaining to penalties or proceedings should not affect national rules concerning the burden of proof. (27) It is desirable in the interests of clear and effective enforcement to ensure uniform provisions on the liability of transport undertakings and drivers for infringements of this Regulation. This liability may result in penal, civil or administrative penalties as may be the case in the Member States. (28) Since the objective of this Regulation, namely the establishment of clear, common rules on driving times, breaks and rest periods cannot be sufficiently achieved by the Member States and can therefore, by reason of the need for coordinated action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. (29) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7). (30) Since provisions concerning the minimum ages of drivers have been laid down in Directive 2003/59/EC (8) and must be transposed by 2009, only transitional provisions concerning the minimum age of crews are required in this Regulation. (31) Regulation (EEC) No 3821/85 should be amended to clarify specific obligations on transport undertakings and drivers as well as to promote legal certainty and to facilitate enforcement of driving time and rest period limits during roadside checks. (32) Regulation (EEC) No 3821/85 should also be amended to ensure legal certainty as regards the new dates for the introduction of the digital tachograph and for the availability of driver cards. (33) The introduction of recording equipment pursuant to Regulation (EC) No 2135/98, enabling the activities of a driver over a 28-day period to be recorded electronically on his driver card and electronic records of vehicle operations to cover a 365-day period, will in future make for more rapid and comprehensive roadside checks. (34) Under Directive 88/599/EEC (9) roadside checks are confined to daily driving time, daily rest periods, and breaks. When digital recording equipment is introduced driver and vehicle data will be stored electronically and data will be able to be evaluated electronically on the spot. This should, over time, enable simple checks to be carried out on regular and reduced daily rest periods and on regular and reduced weekly rest periods and compensatory rest. (35) Experience indicates that compliance with the provisions of this Regulation, in particular the specified maximum driving time over a two-week period, cannot be enforced unless proper and effective supervision is brought to bear in roadside checks in relation to the whole of that period. (36) The application of the legal provisions regarding digital tachographs should be in line with this Regulation in order to achieve optimal effectiveness in monitoring and enforcing certain social provisions in road transport. (37) For reasons of clarity and rationalisation, Regulation (EEC) No 3820/85 should be repealed and replaced by this Regulation, HAVE ADOPTED THIS REGULATION: CHAPTER I INTRODUCTORY PROVISIONS Article 1 This Regulation lays down rules on driving times, breaks and rest periods for drivers engaged in the carriage of goods and passengers by road in order to harmonise the conditions of competition between modes of inland transport, especially with regard to the road sector, and to improve working conditions and road safety. This Regulation also aims to promote improved monitoring and enforcement practices by Member States and improved working practices in the road transport industry. Article 2 1. This Regulation shall apply to the carriage by road: (a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,5 tonnes, or (b) of passengers by vehicles which are constructed or permanently adapted for carrying more than nine persons including the driver, and are intended for that purpose. 2. This Regulation shall apply, irrespective of the country of registration of the vehicle, to carriage by road undertaken: (a) exclusively within the Community; or (b) between the Community, Switzerland and the countries party to the Agreement on the European Economic Area. 3. The AETR shall apply, instead of this Regulation, to international road transport operations undertaken in part outside the areas mentioned in paragraph 2, to: (a) vehicles registered in the Community or in countries which are contracting parties to the AETR, for the whole journey; (b) vehicles registered in a third country which is not a contracting party to the AETR, only for the part of the journey on the territory of the Community or of countries which are contracting parties to the AETR. The provisions of the AETR should be aligned with those of this Regulation, so that the main provisions in this Regulation apply, through the AETR, to such vehicles for any part of the journey made within the Community. Article 3 This Regulation shall not apply to carriage by road by: (a) vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 kilometres; (b) vehicles with a maximum authorised speed not exceeding 40 kilometres per hour; (c) vehicles owned or hired without a driver by the armed services, civil defence services, fire services, and forces responsible for maintaining public order when the carriage is undertaken as a consequence of the tasks assigned to these services and is under their control; (d) vehicles, including vehicles used in the non-commercial transport of humanitarian aid, used in emergencies or rescue operations; (e) specialised vehicles used for medical purposes; (f) specialised breakdown vehicles operating within a 100 km radius of their base; (g) vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service; (h) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used for the non-commercial carriage of goods; (i) commercial vehicles, which have a historic status according to the legislation of the Member State in which they are being driven and which are used for the non-commercial carriage of passengers or goods. Article 4 For the purposes of this Regulation the following definitions shall apply: (a) ‘carriage by road’ means any journey made entirely or in part on roads open to the public by a vehicle, whether laden or not, used for the carriage of passengers or goods; (b) ‘vehicle’ means a motor vehicle, tractor, trailer or semi-trailer or a combination of these vehicles, defined as follows: — ‘motor vehicle’: any self-propelled vehicle travelling on the road, other than a vehicle permanently running on rails, and normally used for carrying passengers or goods, — ‘tractor’: any self-propelled vehicle travelling on the road, other than a vehicle permanently running on rails, and specially designed to pull, push or move trailers, semi-trailers, implements or machines, — ‘trailer’: any vehicle designed to be coupled to a motor vehicle or tractor, — ‘semi-trailer’: a trailer without a front axle coupled in such a way that a substantial part of its weight and of the weight of its load is borne by the tractor or motor vehicle; (c) ‘driver’ means any person who drives the vehicle even for a short period, or who is carried in a vehicle as part of his duties to be available for driving if necessary; (d) ‘break’ means any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation; (e) ‘other work’ means all activities which are defined as working time in Article 3(a) of Directive 2002/15/EC except ‘driving’, including any work for the same or another employer, within or outside of the transport sector; (f) ‘rest’ means any uninterrupted period during which a driver may freely dispose of his time; (g) ‘daily rest period’ means the daily period during which a driver may freely dispose of his time and covers a ‘regular daily rest period’ and a ‘reduced daily rest period’: — ‘regular daily rest period’ means any period of rest of at least 11 hours. Alternatively, this regular daily rest period may be taken in two periods, the first of which must be an uninterrupted period of at least 3 hours and the second an uninterrupted period of at least nine hours, — ‘reduced daily rest period’ means any period of rest of at least nine hours but less than 11 hours; (h) ‘weekly rest period’ means the weekly period during which a driver may freely dispose of his time and covers a ‘regular weekly rest period’ and a ‘reduced weekly rest period’: — ‘regular weekly rest period’ means any period of rest of at least 45 hours, — ‘reduced weekly rest period’ means any period of rest of less than 45 hours, which may, subject to the conditions laid down in Article 8(6), be shortened to a minimum of 24 consecutive hours; (i) ‘a week’ means the period of time between 00.00 on Monday and 24.00 on Sunday; (j) ‘driving time’ means the duration of driving activity recorded: — automatically or semi-automatically by the recording equipment as defined in Annex I and Annex IB of Regulation (EEC) No 3821/85, or — manually as required by Article 16(2) of Regulation (EEC) No 3821/85; (k) ‘daily driving time’ means the total accumulated driving time between the end of one daily rest period and the beginning of the following daily rest period or between a daily rest period and a weekly rest period; (l) ‘weekly driving time’ means the total accumulated driving time during a week; (m) ‘maximum permissible mass’ means the maximum authorised operating mass of a vehicle when fully laden; (n) ‘regular passenger services’ means national and international services as defined in Article 2 of Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (10); (o) ‘multi-manning’ means the situation where, during each period of driving between any two consecutive daily rest periods, or between a daily rest period and a weekly rest period, there are at least two drivers in the vehicle to do the driving. For the first hour of multi-manning the presence of another driver or drivers is optional but for the remainder of the period it is compulsory; (p) ‘transport undertaking’ means any natural person, any legal person, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such a personality, which engages in carriage by road, whether for hire or reward or for own account; (q) ‘driving period’ means the accumulated driving time from when a driver commences driving following a rest period or a break until he takes a rest period or a break. The driving period may be continuous or broken. CHAPTER II CREWS, DRIVING TIMES, BREAKS AND REST PERIODS Article 5 1. The minimum age for conductors shall be 18 years. 2. The minimum age for drivers' mates shall be 18 years. However, Member States may reduce the minimum age for drivers' mates to 16 years, provided that: (a) the carriage by road is carried out within one Member State within a 50 kilometre radius of the place where the vehicle is based, including local administrative areas the centre of which is situated within that radius; (b) the reduction is for the purposes of vocational training; and (c) there is compliance with the limits imposed by the Member State's national rules on employment matters. Article 6 1. The daily driving time shall not exceed nine hours. However, the daily driving time may be extended to at most 10 hours not more than twice during the week. 2. The weekly driving time shall not exceed 56 hours and shall not result in the maximum weekly working time laid down in Directive 2002/15/EC being exceeded. 3. The total accumulated driving time during any two consecutive weeks shall not exceed 90 hours. 4. Daily and weekly driving times shall include all driving time on the territory of the Community or of a third country. 5. A driver shall record as other work any time spent as described in Article 4(e) as well as any time spent driving a vehicle used for commercial operations not falling within the scope of this Regulation, and shall record any periods of availability, as defined in Article 15(3)(c) of Regulation (EEC) No 3821/85, since his last daily or weekly rest period. This record shall be entered either manually on a record sheet, a printout or by use of manual input facilities on recording equipment. Article 7 After a driving period of four and a half hours a driver shall take an uninterrupted break of not less than 45 minutes, unless he takes a rest period. This break may be replaced by a break of at least 15 minutes followed by a break of at least 30 minutes each distributed over the period in such a way as to comply with the provisions of the first paragraph. Article 8 1. A driver shall take daily and weekly rest periods. 2. Within each period of 24 hours after the end of the previous daily rest period or weekly rest period a driver shall have taken a new daily rest period. If the portion of the daily rest period which falls within that 24 hour period is at least nine hours but less than 11 hours, then the daily rest period in question shall be regarded as a reduced daily rest period. 3. A daily rest period may be extended to make a regular weekly rest period or a reduced weekly rest period. 4. A driver may have at most three reduced daily rest periods between any two weekly rest periods. 5. By way of derogation from paragraph 2, within 30 hours of the end of a daily or weekly rest period, a driver engaged in multi-manning must have taken a new daily rest period of at least nine hours. 6. In any two consecutive weeks a driver shall take at least: — two regular weekly rest periods, or — one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question. A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period. 7. Any rest taken as compensation for a reduced weekly rest period shall be attached to another rest period of at least nine hours. 8. Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary. 9. A weekly rest period that falls in two weeks may be counted in either week, but not in both. Article 9 1. By way of derogation from Article 8, where a driver accompanies a vehicle which is transported by ferry or train, and takes a regular daily rest period, that period may be interrupted not more than twice by other activities not exceeding one hour in total. During that regular daily rest period the driver shall have access to a bunk or couchette. 2. Any time spent travelling to a location to take charge of a vehicle falling within the scope of this Regulation, or to return from that location, when the vehicle is neither at the driver's home nor at the employer's operational centre where the driver is normally based, shall not be counted as a rest or break unless the driver is on a ferry or train and has access to a bunk or couchette. 3. Any time spent by a driver driving a vehicle which falls outside the scope of this Regulation to or from a vehicle which falls within the scope of this Regulation, which is not at the driver's home or at the employer's operational centre where the driver is normally based, shall count as other work. CHAPTER III LIABILITY OF TRANSPORT UNDERTAKINGS Article 10 1. A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation. 2. A transport undertaking shall organise the work of drivers referred to in paragraph 1 in such a way that the drivers are able to comply with Regulation (EEC) No 3821/85 and Chapter II of this Regulation. The transport undertaking shall properly instruct the driver and shall make regular checks to ensure that Regulation (EEC) No 3821/85 and Chapter II of this Regulation are complied with. 3. A transport undertaking shall be liable for infringements committed by drivers of the undertaking, even if the infringement was committed on the territory of another Member State or a third country. Without prejudice to the right of Member States to hold transport undertakings fully liable, Member States may make this liability conditional on the undertaking's infringement of paragraphs 1 and 2. Member States may consider any evidence that the transport undertaking cannot reasonably be held responsible for the infringement committed. 4. Undertakings, consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies shall ensure that contractually agreed transport time schedules respect this Regulation. 5. (a) A transport undertaking which uses vehicles that are fitted with recording equipment complying with Annex IB of Regulation (EEC) No 3821/85 and that fall within the scope of this Regulation, shall: (i) ensure that all data are downloaded from the vehicle unit and driver card as regularly as is stipulated by the Member State and that relevant data are downloaded more frequently so as to ensure that all data concerning activities undertaken by or for that undertaking are downloaded; (ii) ensure that all data downloaded from both the vehicle unit and driver card are kept for at least 12 months following recording and, should an inspecting officer request it, such data are accessible, either directly or remotely, from the premises of the undertaking; (b) for the purposes of this paragraph ‘downloaded’ shall be interpreted in accordance with the definition laid down in Annex IB, Chapter I, point (s) of Regulation (EEC) No 3821/85; (c) the maximum period within which the relevant data shall be downloaded under (a)(i) shall be decided by the Commission in accordance with the procedure referred to in Article 24(2). CHAPTER IV EXCEPTIONS Article 11 A Member State may provide for longer minimum breaks and rest periods or shorter maximum driving times than those laid down in Articles 6 to 9 in the case of carriage by road undertaken wholly within its territory. In so doing, Member States shall take account of relevant collective or other agreements between the social partners. Nevertheless, this Regulation shall remain applicable to drivers engaged in international transport operations. Article 12 Provided that road safety is not thereby jeopardised and to enable the vehicle to reach a suitable stopping place, the driver may depart from Articles 6 to 9 to the extent necessary to ensure the safety of persons, of the vehicle or its load. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the suitable stopping place. Article 13 1. Provided the objectives set out in Article 1 are not prejudiced, each Member State may grant exceptions from Articles 5 to 9 and make such exceptions subject to individual conditions on its own territory or, with the agreement of the States concerned, on the territory of another Member State, applicable to carriage by the following: (a) vehicles owned or hired, without a driver, by public authorities to undertake carriage by road which do not compete with private transport undertakings; (b) vehicles used or hired, without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity within a radius of up to 100 km from the base of the undertaking; (c) agricultural tractors and forestry tractors used for agricultural or forestry activities, within a radius of up to 100 km from the base of the undertaking which owns, hires or leases the vehicle; (d) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used: — by universal service providers as defined in Article 2(13) of Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (11) to deliver items as part of the universal service, or — for carrying materials, equipment or machinery for the driver's use in the course of his work. These vehicles shall be used only within a 50 kilometre radius from the base of the undertaking, and on condition that driving the vehicles does not constitute the driver's main activity; (e) vehicles operating exclusively on islands not exceeding 2 300 square kilometres in area which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles; (f) vehicles used for the carriage of goods within a 50 km radius from the base of the undertaking and propelled by means of natural or liquefied gas or electricity, the maximum permissible mass of which, including the mass of a trailer or semi-trailer, does not exceed 7,5 tonnes; (g) vehicles used for driving instruction and examination with a view to obtaining a driving licence or a certificate of professional competence, provided that they are not being used for the commercial carriage of goods or passengers; (h) vehicles used in connection with sewerage, flood protection, water, gas and electricity maintenance services, road maintenance and control, door-to-door household refuse collection and disposal, telegraph and telephone services, radio and television broadcasting, and the detection of radio or television transmitters or receivers; (i) vehicles with between 10 and 17 seats used exclusively for the non-commercial carriage of passengers; (j) specialised vehicles transporting circus and funfair equipment; (k) specially fitted mobile project vehicles, the primary purpose of which is use as an educational facility when stationary; (l) vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed; (m) specialised vehicles transporting money and/or valuables; (n) vehicles used for carrying animal waste or carcasses which are not intended for human consumption; (o) vehicles used exclusively on roads inside hub facilities such as ports, interports and railway terminals; (p) vehicles used for the carriage of live animals from farms to local markets and vice versa or from markets to local slaughterhouses within a radius of up to 50 km. 2. Member States shall inform the Commission of the exceptions granted under paragraph 1 and the Commission shall inform the other Member States thereof. 3. Provided that the objectives set out in Article 1 are not prejudiced and adequate protection for drivers is provided, a Member State may, after approval by the Commission, grant on its own territory minor exemptions from this Regulation for vehicles used in predefined areas with a population density of less than five persons per square kilometre, in the following cases: — regular domestic passenger services, where their schedule is confirmed by the authorities (in which case only exemptions relating to breaks may be permitted), and — domestic road haulage operations for own account or for hire or reward, which have no impact on the single market and are needed to maintain certain sectors of industry in the territory concerned and where the exempting provisions of this Regulation impose a limiting radius of up to 100 km. Carriage by road under this exemption may include a journey to an area with a population density of five persons or more per square kilometre only in order to end or start the journey. Any such measures shall be proportionate in nature and scope. Article 14 1. Provided that the objectives set out in Article 1 are not prejudiced, Member States may, after authorisation by the Commission, grant exceptions from the application of Articles 6 to 9 to transport operations carried out in exceptional circumstances. 2. In urgent cases Member States may grant a temporary exception for a period not exceeding 30 days, which shall be notified immediately to the Commission. 3. The Commission shall inform the other Member States of any exception granted pursuant to this Article. Article 15 Member States shall ensure that drivers of vehicles referred to in Article 3(a) are governed by national rules which provide adequate protection in terms of permitted driving times and mandatory breaks and rest periods. CHAPTER V CONTROL PROCEDURES AND SANCTIONS Article 16 1. Where no recording equipment has been fitted to the vehicle in accordance with Regulation (EEC) No 3821/85, paragraphs 2 and 3 of this Article shall apply to: (a) regular national passenger services, and (b) regular international passenger services whose route terminals are located within a distance of 50 km as the crow flies from a border between two Member States and whose route length does not exceed 100 km. 2. A service timetable and a duty roster shall be drawn up by the transport undertaking and shall show, in respect of each driver, the name, place where he is based and the schedule laid down in advance for various periods of driving, other work, breaks and availability. Each driver assigned to a service referred to in paragraph 1 shall carry an extract from the duty roster and a copy of the service timetable. 3. The duty roster shall: (a) include all the particulars specified in paragraph 2 for a minimum period covering the previous 28 days; these particulars must be updated on regular intervals, the duration of which may not exceed one month; (b) be signed by the head of the transport undertaking or by a person authorised to represent him; (c) be kept by the transport undertaking for one year after expiry of the period covered by it. The transport undertaking shall give an extract from the roster to the drivers concerned upon request; and (d) be produced and handed over at the request of an authorised inspecting officer. Article 17 1. Member States, using the standard form set out in Decision 93/173/EEC (12), shall communicate the necessary information to the Commission to enable it to draw up every two years a report on the application of this Regulation and Regulation (EEC) No 3821/85 and developments in the fields in question. 2. This information shall be communicated to the Commission not later than 30 September of the year following the end of the two-year period concerned. 3. The report shall state what use has been made of the exceptions provided for in Article 13. 4. The Commission shall forward the report to the European Parliament and to the Council within 13 months of the end of the two-year period concerned. Article 18 Member States shall adopt such measures as may be necessary for the implementation of this Regulation. Article 19 1. Member States shall lay down rules on penalties applicable to infringements of this Regulation and Regulation (EEC) No 3821/85 and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non‐discriminatory. No infringement of this Regulation and Regulation (EEC) No 3821/85 shall be subjected to more than one penalty or procedure. The Member States shall notify the Commission of these measures and the rules on penalties by the date specified in the second subparagraph of Article 29. The Commission shall inform Member States accordingly. 2. A Member State shall enable the competent authorities to impose a penalty on an undertaking and/or a driver for an infringement of this Regulation detected on its territory and for which a penalty has not already been imposed, even where that infringement has been committed on the territory of another Member State or of a third country. By way of exception, where an infringement is detected: — which was not committed on the territory of the Member State concerned, and — which has been committed by an undertaking which is established in, or a driver whose place of employment is, in another Member State or a third country, a Member State may, until 1 January 2009, instead of imposing a penalty, notify the facts of the infringement to the competent authority in the Member State or the third country where the undertaking is established or where the driver has his place of employment. 3. Whenever a Member State initiates proceedings or imposes a penalty for a particular infringement, it shall provide the driver with due evidence of this in writing. 4. Member States shall ensure that a system of proportionate penalties, which may include financial penalties, is in force for infringements of this Regulation or Regulation (EEC) No 3821/85 on the part of undertakings, or associated consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies. Article 20 1. The driver shall keep any evidence provided by a Member State concerning penalties imposed or the initiation of proceedings until such time as the same infringement of this Regulation can no longer lead to a second proceeding or penalty pursuant to this Regulation. 2. The driver shall produce the evidence referred to in paragraph 1 upon request. 3. A driver who is employed or at the disposal of more than one transport undertaking shall provide sufficient information to each undertaking to enable it to comply with Chapter II. Article 21 To address cases where a Member State considers that there has been an infringement of this Regulation which is of a kind that is clearly liable to endanger road safety, it shall empower the relevant competent authority to proceed with immobilisation of the vehicle concerned until such time as the cause of the infringement has been rectified. Member States may compel the driver to take a daily rest period. Member States shall, where appropriate also withdraw, suspend or restrict an undertaking's licence, if the undertaking is established in that Member State, or withdraw, suspend or restrict a driver's driving licence. The Commission, acting in accordance with the procedure in Article 24(2) shall develop guidelines with a view to promoting a harmonised application of this Article. Article 22 1. Member States shall assist each other in applying this Regulation and in checking compliance herewith. 2. The competent authorities of the Member States shall regularly exchange all available information concerning: (a) infringements of the rules set out in Chapter II committed by non-residents and any penalties imposed for such infringements; (b) penalties imposed by a Member State on its residents for such infringements committed in other Member States. 3. The Member States shall regularly send relevant information concerning the national interpretation and application of this Regulation to the Commission, which will make this information available in electronic form to other Member States. 4. The Commission shall support dialogue between Member States concerning national interpretation and application of this Regulation through the Committee referred to in Article 24(1). Article 23 The Community shall enter into any negotiations with third countries which may prove necessary for the purpose of implementing this Regulation. Article 24 1. The Commission shall be assisted by the Committee set up under Article 18(1) of Regulation (EEC) No 3821/85. 2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 3. The Committee shall adopt its rules of procedure. Article 25 1. At the request of a Member State, or on its own initiative, the Commission shall: (a) examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise and particularly concerning driving times, breaks and rest periods; (b) clarify the provisions of this Regulation, with a view to promoting a common approach. 2. In the cases referred to in paragraph 1 the Commission shall take a decision on a recommended approach in accordance with the procedure referred to in Article 24(2). The Commission shall communicate its decision to the European Parliament, the Council and to the Member States. CHAPTER VI FINAL PROVISIONS Article 26 Regulation (EEC) No 3821/85 is hereby amended as follows: 1. Article 2 shall be replaced by the following: ‘Article 2 For the purpose of this Regulation the definitions set out in Article 4 of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 (13) shall apply. 2. Article 3(1), (2) and (3) shall be replaced as follows: ‘1. Recording equipment shall be installed and used in vehicles registered in a Member State which are used for the carriage of passengers or goods by road, except the vehicles referred to in Article 3 of Regulation (EC) No 561/2006. Vehicles referred to in Article 16(1) of Regulation (EC) No 561/2006 and vehicles, which were exempt from the scope of application of Regulation (EEC) No 3820/85, but which are no longer exempt under Regulation (EC) No 561/2006 shall have until 31 December 2007 to comply with this requirement. 2. Member States may exempt vehicles mentioned in Articles 13(1) and (3) of Regulation (EC) No 561/2006 from application of this Regulation. 3. Member States may, after authorisation by the Commission, exempt from application of this Regulation vehicles used for the transport operations referred to in Article 14 of Regulation (EC) No 561/2006.’; 3. Article 14(2) shall be replaced as follows: ‘2. The undertaking shall keep record sheets and printouts, whenever printouts have been made to comply with Article 15(1), in chronological order and in a legible form for at least a year after their use and shall give copies to the drivers concerned who request them. The undertaking shall also give copies of downloaded data from the driver cards to the drivers concerned who request them and the printed papers of these copies. The record sheets, printouts and downloaded data shall be produced or handed over at the request of any authorised inspecting officer.’; 4. Article 15 shall be amended as follows: — in paragraph 1, the following subparagraph shall be added: ‘Where a driver card is damaged, malfunctions, or is not in the possession of the driver, the driver shall: (a) at the start of his journey, print out the details of the vehicle the driver is driving, and shall enter onto that printout: (i) details that enable the driver to be identified (name, driver card or driver's licence number), including his signature; (ii) the periods referred to in paragraph 3, second indent (b), (c) and (d); (b) at the end of his journey, print out the information relating to periods of time recorded by the recording equipment, record any periods of other work, availability and rest undertaken since the printout that was made at the start of the journey, where not recorded by the tachograph, and mark on that document details that enable the driver to be identified (name, driver card or driver's licence number), including the driver's signature.’, — paragraph 2, second subparagraph shall be replaced by the following: ‘When as a result of being away from the vehicle, a driver is unable to use the equipment fitted to the vehicle, the periods of time referred to in paragraph 3, second indent (b), (c) and (d) shall: (a) if the vehicle is fitted with recording equipment in conformity with Annex I, be entered on the record sheet, either manually, by automatic recording or other means, legibly and without dirtying the sheet; or (b) if the vehicle is fitted with recording equipment in conformity with Annex IB, be entered onto the driver card using the manual entry facility provided in the recording equipment. Where there is more than one driver on board the vehicle fitted with recording equipment in conformity with Annex IB, each driver shall ensure that his driver card is inserted into the correct slot in the tachograph.’, — paragraph 3(b) and (c) shall be replaced by the following: ‘(b) “other work” means any activity other than driving, as defined in Article 3(a) of Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (14), and also any work for the same or another employer within or outside of the transport sector, and must be recorded under this sign ; (c) “availability” defined in Article 3(b) of Directive 2002/15/EC must be recorded under this sign . — paragraph 4 shall be deleted, — paragraph 7 shall be replaced by the following: ‘7. (a) Where the driver drives a vehicle fitted with recording equipment in conformity with Annex I, the driver must be able to produce, whenever an inspecting officer so requests: (i) the record sheets for the current week and those used by the driver in the previous 15 days; (ii) the driver card if he holds one, and (iii) any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006. However, after 1 January 2008, the time periods referred to under (i) and (iii) shall cover the current day and the previous 28 days. (b) Where the driver drives a vehicle fitted with recording equipment in conformity with Annex IB, the driver must be able to produce, whenever an inspecting officer so requests: (i) the driver card of which he is holder; (ii) any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006, and (iii) the record sheets corresponding to the same period as the one referred to in the previous subparagraph during which he drove a vehicle fitted with recording equipment in conformity with Annex I. However, after 1 January 2008, the time periods referred to under (ii) shall cover the current day and the previous 28 days. (c) An authorised inspecting officer may check compliance with Regulation (EC) No 561/2006 by analysis of the record sheets, of the displayed or printed data which have been recorded by the recording equipment or by the driver card or, failing this, by analysis of any other supporting document that justifies non-compliance with a provision, such as those laid down in Article 16(2) and (3).’ Article 27 Regulation (EC) No 2135/98 is hereby amended as follows: 1. Article 2(1)(a) shall be replaced by the following: ‘1. (a) From the 20th day following the day of publication of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 (15) vehicles put into service for the first time shall be fitted with recording equipment in accordance with the requirements of Annex IB to Regulation (EEC) No 3821/85. 2. Article 2(2) shall be replaced by the following: ‘2. Member States shall take the necessary measures to ensure that they are able to issue driver cards at the latest on the 20th day following the day of publication of Regulation (EC) No 561/2006.’ Article 28 Regulation (EEC) No 3820/85 is hereby repealed and replaced by this Regulation. Notwithstanding, paragraphs 1, 2 and 4 of Article 5 of Regulation (EEC) No 3820/85 shall continue to apply until the dates set out in Article 15(1) of Directive 2003/59/EC. Article 29 This Regulation shall enter into force on 11 April 2007, with the exception of Articles 10(5), 26(3) and (4) and 27, which shall enter into force on 1 May 2006. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Strasbourg, 15 March 2006. For the European Parliament The President J. BORRELL FONTELLES For the Council The President H. WINKLER (1) OJ C 51 E, 26.2.2002, p. 234. (2) OJ C 221, 17.9.2002, p. 19. (3) Opinion of the European Parliament of 14 January 2003 (OJ C 38 E, 12.2.2004, p. 152), Council Common Position of 9 December 2004 (OJ C 63 E, 15.3.2005, p. 11) and Position of the European Parliament of 13 April 2005 (OJ C 33 E, 9.2.2006, p. 425). Legislative resolution of the European Parliament of 2 February 2006 and Decision of the Council of 2 February 2006. (4) OJ L 370, 31.12.1985, p. 1. Regulation as amended by Directive 2003/59/EC of the European Parliament and of the Council (OJ L 226, 10.9.2003, p. 4). (5) OJ L 80, 23.3.2002, p. 35. (6) OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Commission Regulation (EC) No 432/2004 (OJ L 71, 10.3.2004, p. 3). (7) OJ L 184, 17.7.1999, p. 23. (8) Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (OJ L 226, 10.9.2003, p. 4). Directive as amended by Council Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35). (9) Council Directive 88/599/EEC of 23 November 1988 on standard checking procedures for the implementation of Regulation (EEC) No 3820/85 on harmonisation of certain social legislation relating to road transport and Regulation (EEC) No 3821/85 on recording equipment in road transport (OJ L 325, 29.11.1988, p. 55). (10) OJ L 74, 20.3.1992, p. 1. Regulation as last amended by the 2003 Act of Accession. (11) OJ L 15, 21.1.1998, p. 14. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1). (12) OJ L 72, 25.3.1993, p. 33. (13) OJ L 102, 11.4.2006, p. 1’, (14) OJ L 80, 23.3.2002, p. 35.’, (15) OJ L 102, 11.4.2006, p. 1’; STATEMENT The Commission and the Member States shall make every effort to ensure that, within two years of the entry into force of this Regulation, the provisions of the AETR are aligned with the provisions of this Regulation. If such an alignment has not been achieved within that period the Commission shall propose appropriate action to address the situation.

Summary: Driving time and rest periods in the road transport sector Driving time and rest periods in the road transport sector SUMMARY OF: Regulation (EC) No 561/2006 on driving times, breaks and rest periods Regulation (EU) No 165/2014 on tachographs in road transport WHAT IS THE AIM OF THE REGULATIONS? Regulation (EC) No 561/2006, as amended by Regulation (EU) 2020/1054, lays down rules on driving times, breaks and rest periods for drivers of lorries, coaches and buses in order to improve working conditions and road safety. Regulation (EU) No 165/2014, as amended by Regulation (EU) 2020/1054, sets out requirements concerning the construction, installation, use, testing and control of tachographs that must be fitted in the vehicles that fall within the scope of Regulation (EC) No 561/2006. KEY POINTS Scope Regulation (EC) No 561/2006: applies to the carriage by road of goods, by vehicles with a total mass exceeding 3.5 tonnes and to the transport by road of passengers, by vehicles that are adapted to carry more than 9 people (including the driver); as of 1 July 2026, applies to the carriage by road of goods in international transport or in cabotage operations by vehicles (including any trailer or semi-trailer) with a total mass exceeding 2.5 tonnes; applies, irrespective of the country of registration of the vehicle, to carriage by road in the EU and between EU countries, Switzerland and European Economic Area countries. Minimum age Drivers’ mates and conductors must be at least 18, except in certain circumstances for trainee drivers’ mates for whom the minimum age is 16 (see Article 5 for more details). Rules on driving times, breaks and rest periods Detailed rules for these are set out in Articles 6, 7, 8 and 9. They include: a maximum amount of daily driving time of 9 hours, that can be extended to 10 hours no more than twice a week; a maximum amount of weekly driving time of 56 hours; a maximum total accumulated driving time of 90 hours during any 2 consecutive weeks; after driving for a period of 4.5 hours, a driver must take an uninterrupted break of not less than 45 minutes, unless he takes a rest period; a minimum daily rest of 11 hours, which can be reduced to 9 hours, but no more than three times between any 2 weekly rest periods; a regular weekly rest period of minimum 45 hours and a reduced weekly rest period of a minimum of 24 hours. Minimum conditions for the implementation of the regulation Directive 2006/22/EC, as amended by Directive (EU) 2020/1057, lays down the minimum conditions for the implementation of Regulation (EC) No 561/2006 and Regulation (EU) No 165/2014 (see section on tachographs below). It seeks to ensure proper application and harmonised interpretation of the social rules on road transport by laying down minimum requirements for the uniform and effective checking by EU countries of compliance with the relevant rules. Those checks should serve to reduce and prevent infringements. It requires EU countries to introduce a risk rating system for transport companies based on the relative number and severity of any infringements that the individual company has committed. Companies with a high risk rating must be checked more closely and more often. Tachographs Under Regulation (EU) No 165/2014 (see summary), tachographs must be installed in all vehicles of over 3.5 tonnes transporting goods by road, and in vehicles that can carry more than 9 people (including the driver), with certain exceptions. As of 1 July 2026, tachographs must be installed in vehicles of over 2.5 tonnes involved in road international transport or in cabotage operations. Tachograph technology moved firstly from analogue to digital and then on from digital to more advanced digital, i.e. smart. Regulation (EU) No 165/2014 introduced rules on smart tachographs — a new generation of on-board devices to enforce the EU legislation on professional drivers’ driving and resting times. Smart tachographs are mandatory in all new vehicles registered after 15 June 2019. Smart tachographs provide automated recording through satellite positioning of driving time, breaks and rest periods, as well as periods of availability and other work undertaken by a driver. They should improve compliance and permit early detection of possible fraud or misuse. Amending Regulation (EU) 2020/1054 The rules introduced by the amending regulation include the following. Transport companies must organise drivers’ work in such a way as to allow them to return to the employer’s operational centre where the drivers are normally based in the EU country or to the drivers’ place of residence and spend at least one regular weekly rest period (or a weekly rest period of more than 45 hours in compensation for a reduced weekly rest period) within each period of 4 consecutive weeks. Drivers must be able to take their 45-hour weekly rest in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities (i.e. away from the vehicle’s cab), the cost of which must be met by the transport company as the employer. Drivers’ reduced and regular weekly rest periods must not be interrupted more than twice by other activities not exceeding 1 hour in total, where these drivers accompany vehicles which are transported by ferry or train. This is only in the case of drivers who have access to a sleeper cabin in the ferry or train and, in the case of regular weekly rest, the interruption is only possible where the journey’s scheduled duration is of 8 hours or more. FROM WHEN DO THE REGULATIONS APPLY? Regulation (EU) 2020/1054, which amended both Regulation (EC) No 561/2006 and Regulation (EU) No 165/2014, has applied since 1 August 2020, although Article 1(15) and Article 2(12) will apply from 31 December 2024. Regulation (EC) No 561/2006 has applied since 11 April 2007, with the exception of Article 10(5), Article 26(3) and (4), and Article 27, which entered into force on 1 May 2006. Regulation (EU) No 165/2014 has applied since 2 March 2015, with exceptions listed in its Article 48. BACKGROUND For more information, see: Driving time and rest periods (European Commission) Tachograph (European Commission). MAIN DOCUMENTS Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, pp. 1-14) Successive amendments to Regulation (EC) No 561/2006 have been incorporated into the original text. This consolidated version is of documentary value only. Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, pp. 1-33) See consolidated version. RELATED DOCUMENTS Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, pp. 35-44) See consolidated version. last update 26.11.2020


27.3.2007 EN Official Journal of the European Union L 85/10 COUNCIL JOINT ACTION 2007/185/CFSP of 19 March 2007 on support for OPCW activities in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 14 thereof, Whereas: (1) On 12 December 2003, the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction (hereinafter referred to as the EU Strategy), Chapter III of which contains a list of measures to combat such proliferation. (2) The EU Strategy underlines the crucial role of the Chemical Weapons Convention (CWC) and of the Organisation for the Prohibition of Chemical Weapons (OPCW) in creating a world free of chemical weapons. As part of the Strategy, the EU has committed itself to working towards universal adherence to key disarmament and non-proliferation treaties and agreements, among which is the CWC. The objectives of the EU Strategy are complementary to the objectives pursued by the OPCW, in the context of its responsibility for the implementation of the CWC. (3) On 22 November 2004, the Council adopted Joint Action 2004/797/CFSP on support for OPCW activities in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (1). Following the expiry of Joint Action 2004/797/CFSP, the Council adopted Joint Action 2005/913/CFSP of 12 December 2005 on support for OPCW activities in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (2), which expired one year after its adoption. (4) Since the beginning of the implementation of the EU Joint Actions in support of the OPCW in 2005, 14 countries have signed and ratified the CWC, bringing the number of OPCW Member States up to 181. (5) The continuation of such intensive and targeted assistance from the EU to the OPCW is necessary in the context of the active implementation of Chapter III of the EU Strategy. Measures related to the universalisation of the CWC should continue and be adapted and targeted to the declining number of States not Parties to the CWC. These activities should be complemented by new ones to support specific projects conducted by the OPCW aimed at the full implementation of the CWC and to enhance international cooperation in the field of chemical activities. (6) The Commission should be entrusted with the supervision of the proper implementation of the EU contribution, HAS ADOPTED THIS JOINT ACTION: Article 1 1. For the purpose of giving immediate and practical application to some elements of the EU Strategy, the European Union shall support activities of the OPCW, with the following objectives: — promotion of universality of the CWC, — support for full implementation of the CWC by States Parties, — international cooperation in the field of chemical activities, as accompanying measures to the implementation of the CWC, — support for the creation of a collaborative framework among the chemical industry, OPCW and national authorities in the context of the 10th anniversary of the OPCW. 2. The projects of the OPCW, corresponding to measures of the EU Strategy, shall be projects which aim at the: — promotion of the CWC by carrying out regional, sub-regional and bilateral activities, designed to increase the membership of the OPCW, — provision of sustained technical support to States Parties that request it for the establishment and effective functioning of national authorities, through the provision of grants aiming at capacity building and the enactment of national implementation measures as envisaged in the CWC, — strengthening of the States Parties' capacities to respond and develop assistance and protection programmes against chemical weapons, — establishment of a freely accessible database to allow national authorities and industry an easy identification of chemicals contained in the schedules of the Annex on Chemicals to the CWC, — strengthening of international cooperation in the field of chemical activities to facilitate the development of the States Parties' capacities to implement the CWC in the field of chemical activities, — support for an OPCW Industry and Protection Forum in the framework of the 10th anniversary of the OPCW, — support for visits to chemical weapons destruction facilities (CWDFs) and/or CWDF construction sites in order to consider the progress and efforts made towards meeting the extended destruction deadlines. A detailed description of these projects is set out in the Annex. Article 2 1. The financial reference amount for the implementation of the seven projects listed in Article 1(2) shall be EUR 1 700 000, to be funded from the 2007 general budget of the European Union. 2. The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the European Community procedures and rules applicable to the general budget of the European Union with the exception that any pre-financing shall not remain the property of the Community. 3. The Commission shall supervise the proper implementation of the EU contribution referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with the OPCW on conditions for the use of the EU contribution, which shall take the form of a grant. The financing agreement to be concluded shall stipulate that the OPCW is to ensure visibility of the EU contribution, appropriate to its size. 4. The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Joint Action. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement. Article 3 1. The Presidency, assisted by the Secretary-General/High Representative (SG/HR), shall be responsible for the implementation of this Joint Action. The Commission shall be fully associated. 2. The technical implementation of the projects referred to in Article 1(2) shall be entrusted to the Technical Secretariat of the OPCW (hereinafter referred to as the Technical Secretariat), which shall perform this task under responsibility of the Presidency and under control of the SG/HR. For this purpose, the SG/HR shall enter into necessary arrangements with the Technical Secretariat. Article 4 1. The Presidency, assisted by the SG/HR, shall report to the Council on the implementation of this Joint Action. The Commission shall be fully associated and shall provide information on the financial aspects of the implementation of the projects referred to in Article 1(2). 2. The information referred to in paragraph 1 shall be based on regular reports to be provided by the Technical Secretariat. Article 5 This Joint Action shall enter into force on the day of its adoption. It shall expire 18 months after the conclusion of the financing agreement referred to in Article 2(3). Article 6 This Joint Action shall be published in the Official Journal of the European Union. Done at Brussels, 19 March 2007. For the Council The President Horst SEEHOFER (1) OJ L 349, 24.11.2004, p. 63. (2) OJ L 331, 17.12.2005, p. 34. ANNEX EU support for OPCW activitiesin the framework of the implementation ofthe EU Strategy against Proliferation of Weapons of Mass Destruction 1. Objective and description Overall objective: to support the universalisation of the Chemical Weapons Convention (CWC), and in particular to promote the ratification/accession to the CWC by States not Parties (signatory States as well as non-signatory States) and to support the full implementation of the CWC by the States Parties. Description: EU assistance to the Organisation for the Prohibition of Chemical Weapons (OPCW) will be focused on the following areas identified by the CWC States Parties as requiring urgent action: — promotion of universality of the CWC, — support for full implementation of the CWC by States Parties, — international cooperation in the field of chemical activities, as accompanying measures to the implementation of the CWC, — support for the creation of a collaborative framework among the chemical industry, OPCW and national authorities in the context of the 10th anniversary of the OPCW. The projects described in point 2 will receive the EU support. EU funding will only cover expenditure specifically related to the implementation of those projects. In addition, the procurement of any goods, works or services will be carried out by the OPCW. 2. Projects description 2.1. Project 1: Universality of the CWC Project purpose To achieve universal adherence to the CWC by actively promoting ratification/accession to the CWC by States not Parties (signatory States as well as non-signatory States) and to support the full and effective implementation of the CWC by States Parties. Project results/activities — Increased membership of the CWC, by encouraging and supporting the 14 remaining States not Parties (1) to join it as soon as possible, — strengthened regional networking (involving relevant regional and sub-regional organisations for the purposes of promoting universality as well as effective national implementation of the CWC), — enhanced awareness of the CWC, its provisions, and benefits to States Parties through regional, sub-regional and bilateral programmes and participation of States not Parties in OPCW events such as training courses, workshops and seminars on the implementation of the CWC. Project description (a) Regional Workshop on CWC for the Mediterranean Basin and the Middle East: Workshop on the CWC for States not Parties in the Mediterranean Basin and the Middle East (venue to be confirmed, two to three days, second semester of 2007). This workshop will be a follow-up to similar events held in Malta (2004), Cyprus (2005), Italy (2006) and in the North of Africa (2007). It aims to intensifyawareness of the CWC and its contribution to regional stability and international peace and security. Participants from States not Parties in the region will be sponsored. The Technical Secretariat of the OPCW (hereinafter referred to as the Technical Secretariat) may also sponsor representatives from States Parties and regional/sub-regional organisations (such as the League of Arab States) to serve as resource persons. One or two guest speakers from the EU will be requested to brief participants on EU initiatives on non-proliferation and disarmament relating to weapons of mass destruction (WMD), the political-security aspects of the Euro-Mediterranean Partnership and export control measures implemented by the EU. Total estimated cost: EUR 56 478 (b) Bilateral visits/programmes The Technical Secretariat will intensify, in coordination with the EU Presidency, targeted bilateral approaches and programmes for individual States not Parties. The visiting team will include EU representatives as appropriate. (i) Two to three bilateral visits to States not Parties in Africa. Each visit will last for two to three days. The visit will consist of a maximum of five persons from the Technical Secretariat. Only the most relevant divisions or branches of the Technical Secretariat will be invited to send resource persons. (ii) Two to three bilateral visits to States not Parties in the Middle East. Each visit will last for two to three days. The visit will consist of a maximum of four persons from the Technical Secretariat. Only the most relevant divisions or branches will be invited to send resource persons. (iii) Two to three bilateral visits to States not Parties in Latin America and the Caribbean. The visit will consist of a maximum of four persons from the Technical Secretariat. Only the most relevant divisions or branches will be invited to send resource persons. (iv) One or two bilateral visits to Asia. The visits will consist of a maximum of four persons from the Technical Secretariat. Only the most relevant divisions or branches will be invited to send resource persons. Total estimated cost: EUR 88 435 The bilateral events for these countries could include national workshops/seminars to raise awareness of the CWC and promote ratification/accession. It should be noted that the final decision to undertake such bilateral events will be determined by positive developments and by the level of preparation by the aforementioned countries. Total estimated cost of Project 1: EUR 144 913 2.2. Project 2: National Implementation of the CWC 2.2.1. Establishment and effective functioning of national authorities, the enactment of national implementation measures and the adoption of any administrative measures required in accordance with obligations under Article VII of the CWC, and submission of accurate Article VI declarations Project description The project will contribute to ongoing efforts to improve the functioning of national authorities, and the adoption of adequate implementation measures through assistance on all CWC-related matters, with particular emphasis on legal and technical aspects to meet the needs of requesting States Parties in order to assist them in fulfilling their obligations under Article VII of the CWC, through bilateral visits or other appropriate formats. Such assistance will be provided by experts/resource persons from the OPCW staff with the inclusion of EU experts, as necessary. Each visit will last about five working days. There will normally be three experts for each visit. The duration of each visit and the number of persons travelling in each team will be determined on a case by case basis to meet the requirements of the assistance to be provided in the most cost-effective manner. Alternatively, assistance will be provided by funding visits by experts from requesting States Parties to the Technical Secretariat, for consultations and hands-on work with relevant officials of the Technical Secretariat. Each of these visits will also last about five working days, with normally three national experts for each visit. In addition, the EU will fund an extended visit programme to Africa to assist African States Parties to fulfil their obligations under Article VII of the CWC. Total Estimated Cost: EUR 225 498 2.2.2. Allocation of financial grants to national authorities to support capacity-building efforts for necessary national activities for the implementation of the CWC Project description Financial grants to fund national implementation activities in approximately 10 selected national authorities, not exceeding EUR 10 000 for each of the national authorities selected. The specific areas for which assistance may be requested in the near future by States Parties include funds for: — the translation into and publication of the CWC in the national language when different from one of the CWC languages and publication and distribution of enacted legislation and regulations which establish an office for the national authority, — consultancy fees for legal experts drafting the national implementing legislation, — national awareness courses for personnel from relevant government agencies and industry on the implementation of the different provisions of the CWC. These may include outreach and awareness-raising seminars for decision-makers in Ministries such as External Relations, Justice, Defence, Interior, Industry and Trade, customs authorities and industry associations, — training sessions for the relevant stakeholders on how to identify and report on declarable facilities, scheduled chemicals, imports and exports relevant to the CWC. These grants will not provide any financial assistance towards payment of salaries. Clearance mechanism A clearance mechanism for the selection of national authorities and proposed consultants will be set up involving representatives of the EU Presidency, the Office of the Personal Representative of the High Representative on non-proliferation of Weapons of Mass Destruction, Commission services and the Technical Secretariat. Selection criteria The selection of national authorities to receive grants will be undertaken on the basis of carefully identified criteria, including a demonstration of their ability to make quantifiable progress in the implementation of the provisions of the CWC and in accordance with a country-specific action plan developed during a bilateral assistance visit. The clearance mechanism will screen applications for grants from national authorities for their eligibility (specifically, as regards relevance to increasing the national implementation capacity, transparency, feasibility and sustainability) before making recommendations to the competent bodies of the Council. The grants should contribute towards making the selected national authorities self-sustaining entities in subsequent years. In order to receive such grants, the recipient national authorities will need to provide the OPCW with quantifiable objectives to be accomplished as well as a clear time-frame for their implementation with the use of the grants. As part of the contract, the recipient national authority will be obliged to report its activities to the Technical Secretariat on a regular basis. The disbursement of grants will be made in instalments, with successive instalments being released after review of progress achieved. The Technical Secretariat will provide the EU with relevant details of progress by recipient States Parties as well as a financial statement on the use of the funds by each recipient State Party. Total Estimated Cost: EUR 100 000 2.2.3. Participation of national authorities and customs authorities in one or more technical meetings in The Hague or elsewhere, on the transfer provisions of the CWC Project description The difficulties met by States Parties in collecting reliable import-export data for scheduled chemicals and making accurate declarations to the OPCW and in monitoring the trade in scheduled chemicals due to national capacity restraints have an impact on the effectiveness of the verification regime of the OPCW and the attainment of its non-proliferation objectives. The Technical Secretariat is seeking to address the above challenges by focusing on the following: — making stakeholders in national authorities, especially customs authorities, aware of the CWC legal requirements in order to further the non-proliferation objectives of the Convention, — providing customs authorities with technical information through focused meetings on better management of import-export procedures for the regulation of trade in scheduled chemicals, — identifying relevant chemicals for effective monitoring of trade in scheduled chemicals and sharing of national and regional experiences in implementing the transfer provisions of the Convention, — disseminating information on EU initiatives and assistance activities for the monitoring of scheduled chemicals, — understanding the practical difficulties and challenges that customs authorities in different regions and sub-regions encounter in monitoring the trade in scheduled chemicals, — facilitating better understanding and cooperation amongst stake holders of the national authorities for monitoring and submitting data on the import-export of scheduled chemicals, — seeking synergies between the different international regimes which customs authorities are required to monitor and providing of a forum for consultation and cooperation within sub-regions to implement the requirements of the CWC effectively. The Technical Secretariat will organise three sub-regional meetings for South East Asia, the Southern African Development Community and for States Parties in Eastern Europe. Through these meetings, the Technical Secretariat will seek to highlight the need for all States Parties to put in place measures that will help attain the non-proliferation objectives of the CWC. In addition, during the Annual Regional Meeting of national authorities in GRULAC, there will be a focus on the need for effective interaction between national authorities and customs authorities. The number of States Parties attending a sub-regional event ranges between seven and ten. Two representatives from the national authority and customs authorities from each State Party are invited to participate. Resource persons with a relevant specialisation are also sponsored by the OPCW for such meetings. Total estimated cost: EUR 183 466 2.2.4. Outreach to make Parliamentarians aware of the CWC requirements for States Parties to adopt comprehensive national implementing legislation Project purpose Promote the adoption of national implementing legislation in States Parties. Project description The Technical Secretariat will seek to reach out to parliaments in the different geographical regions represented in the OPCW with the purpose of making them aware of the importance of adopting CWC national implementing legislation. To that end, the Technical Secretariat will seek to organise two dedicated meetings of Parliamentarians at regional level in Asia and Latin America. In addition, awareness-raising work will continue to be carried out during the Assemblies of the Inter-Parliamentary Union. This request is made on the basis of the number of drafts of national implementing legislation expected to be considered by national Parliaments during 2007-2008. Only a third of the OPCW members have comprehensive national implementing legislation. Total estimated cost: EUR 167 769 Total estimated cost of Project 2: EUR 676 733 2.3. Project 3: International cooperation in the field of chemical activities Analytical skills development course Project purpose To facilitate the development of the States Parties' capacities to implement the CWC in the field of chemical activities in accordance with the provisions of Article XI of the CWC. This project essentially focuses on the building of capacities through the provision of support to analytical laboratories by way of training in the area of sampling and analysis of chemicals relevant to the CWC. Project results/activities — Assisting qualified analytical chemists from States Parties to acquire further experience and practical knowledge to facilitate the analysis of chemicals related to the national implementation of the CWC, — enabling analytical laboratories in these targeted countries to upgrade their levels of technical competence. Project description Three units of the analytical development course will be organised for 20 participants each in 2007. The aims of the course will be to assist qualified analytical chemists from States Parties that are either developing or have economies in transition to acquire further experience and practical knowledge; to facilitate the analysis of chemicals related to the national implementation of the CWC; to enhance national capacities in the Member States by offering training in analytical chemistry to personnel from industry, academic institutions and government laboratories; to facilitate the adoption of good laboratory practices; and to broaden the pool of manpower from which the national authorities and the Secretariat can draw in future. The course will cover both theoretical and practical training in areas relating to system validation, trouble shooting, sample preparation and analysis. Each course will last for two weeks. Total Estimated Cost of Project 3: EUR 360 000 2.4. Project 4: Assistance and protection against chemical weapons Project purpose The OPCW is committed to addressing threats to peace and security. These threats call for rapid and coordinated responses at national, regional and international levels. Article X of the CWC which consists of assistance and protection has a particular role in this regard. The OPCW is required to develop and maintain a state of readiness to provide a timely, adequate and efficient response. For this reason, the OPCW needs to assist States Parties to develop and/or improve national and regional response systems against chemical weapons and to build an effective mechanism for the mobilisation of international assistance to any requesting State Party in the case of possible use of chemical weapons. Project results — Strengthening of the capabilities of the Technical Secretariat to mobilise and coordinate international assistance, — building/developing or improving the national response capabilities and protection programmes of States Parties, — establishment of effectively functioning regional protection networks, — provision and dissemination of information in the field of protection against chemical weapons. 2.4.1. Technical visits to States Parties for inspection of offers of assistance Project description The Technical Secretariat will carry out up to six visits in 2007 to States Parties for inspection of offers of assistance under paragraph 7 of Article X of the CWC. The Technical Secretariat team will be composed of a maximum of two experts. A total of 71 States Parties have undertaken to provide assistance through the OPCW, and to this end 42 States Parties elected to volunteer assistance to the OPCW, in this regard. These voluntary assistance pledges include different types of individual protective equipment, detection and decontamination equipment and units, humanitarian equipment, literature, and expert advice. These visits will allow offers made by the visited OPCW Member State to be assessed in order to ensure their validity, and verify the status of the equipment (shelf-life, packing, availability, readiness to be delivered, etc.). If the equipment is at the limits of its shelf-life or if the offer is intended to be changed, such visits will establish the new conditions and get more details about the offer. This information will be entered into the OPCW Assistance and Protection database. Total estimated cost: EUR 45 230 2.4.2. National capacity building of North African States Parties against chemical weapons Project description In the current security situation, the States Parties are becoming more aware of the fact that their current national response plans do not take into account the possible use of WMD. Consequently, the OPCW is receiving high numbers of requests related to protective capacity building against chemical weapons from States Parties, in the event of a chemical terrorist attack. The Technical Secretariat has given high priority to the African region, where almost no protective capacity exists against chemical weapons, and the Technical Secretariat believes the need is greatest and has decided to provide this region with timely assistance. Recently, for the sake of the security and safety of the region, the North African States Parties (Algeria, Libya, Morocco and Tunisia), asked the OPCW for assistance in accordance with paragraph 5 of Article X of the CWC, which entitles States Parties to request and receive expert advice from the Technical Secretariat in improving and developing their capacity building against chemical weapons. The Technical Secretariat has planned a set of activities aimed at training first responders involved in the field, and developing their emergency response system against chemical warfare agents (CWA). The activity in North Africa will start with one preliminary planning meeting, followed by basic, advanced and specialised protection courses. The project will be concluded with a sub-regional exercise and a final evaluation meeting. Total estimated cost: EUR 200 900 Total estimated cost of Project 4: EUR 246 130 2.5. Project 5: Support for full national implementation of the CWC by the States Parties through the updating of the scheduled chemicals database for verification purposes 2.5.1. Update of the scheduled chemicals database for verification purposes Project objective To facilitate the operation of the national authorities and the industry through the establishment of a freely accessible database which will allow easy identification of scheduled chemicals and help them to improve the identification of facilities for declaration and reduce discrepancies in the declared import and export of these chemicals between State Parties. Project results — Develop a database with all CWC scheduled chemicals, — identify these chemicals with the Chemical Abstract Service (CAS) Registry Number, if assigned, the Harmonised System (HS) code for the use of customs officers and chemical and structural formulae, — make the database accessible through the web without cost. Total estimated cost of Project 5: EUR 80 180 2.6. Project 6: OPCW Industry and Protection Forum Project objective To prepare and conduct an OPCW Industry and Protection Forum in the framework of the 10th Anniversary of the OPCW on 2 and 3 November 2007, prior to the 12th Session of the Conference of States Parties and the national authorities meeting immediately before that. Two days of plenary sessions and concurrent industry and protection workshops and training sessions with the Technical Secretariat, chemical industry, national authorities and respective national agencies, accompanied by an exhibition of CWC inspection and WMD protection equipment. Project purpose The overall purpose of the Forum is to support national implementation of the CWC through building synergies and strengthening a collaborative framework between the chemical industry, the OPCW and the national authorities. By inviting representatives of the chemical industry of the Signatory States, the Forum will also aim at promoting universality of the CWC. Project results — Enhanced support for the chemical industry in the national implementation of the CWC and growing synergies between the chemical industry, the OPCW and the national authorities, — growing awareness of the chemical industry of the proliferation threat and challenges, — improved capacities of the States Parties in WMD protection (e.g. detection, medical counter-measures and response equipment), — improved capacities of the chemical industry in handling CWC verification techniques and procedures, — assisting developing countries to participate in the exchange of experience and practical knowledge on industry verification and providing access to recent developments in the sphere of CWC verification and protection against WMD. Project partners, audiences/stakeholders as well as participants and beneficiaries The chemical industry, including associations (CEFIC, International Council of Chemical Associations) and companies from Member States and Signatory States, national authorities of the OPCW Member States, Government agencies which are involved in the monitoring/supervision of activities in the sphere of national implementation and control of toxic chemicals, Government agencies which are engaged in the provision of assistance in case of use of chemical weapons or terrorist use of toxic chemicals, international and national organisations and agencies, as well as companies producing WMD protective equipment. Total estimated cost of Project 6: EUR 140 000 2.7. Project 7: To provide financial support to visiting groups from the OPCW to chemical weapons destruction facilities Project purpose To provide financial support for representatives from the OPCW Executive Council, as described in the decision by the Executive Council and the Conference of States Parties (EC-M-26/DEC.5), to enable visits to CWDFs and/or CWDF construction sites in order to consider the progress and efforts made towards meeting the extended destruction deadlines. Project results Implementation of the Executive Council and the Conference of States Parties Decisions (EC-M-26/DEC.5), by facilitating the participation in visiting groups of representatives from all regional groups who, due to financial constraints, might not otherwise be able to attend. Project description On 8 December 2006, the Executive Council of the OPCW adopted Decision EC-M-26/DEC.5 ‘Visits by Representatives of the Executive Council’ recommending the Conference of States Parties to take a decision to agree on visits by representatives of the Executive Council to CWDFs in the United States of America and in the Russian Federation. Through its Decision C-11/DEC.20 of 8 December 2006‘ Visits by Representatives of the Executive Council’, the Conference of States Parties agreed that such visits are to take place and established the practical modalities thereof. The aim of the visits will be to provide members of the Executive Council with the opportunity to assess progress and efforts towards meeting extended deadlines and any measures being taken by the visited State Party, so that possible problems or delays in the destruction programme could be overcome. In accordance with Decision C-11/DEC.20, the visiting groups should comprise: the chairperson (or vice-chairperson) of the Executive Council, a representative from each of the other regional groups, one representative from other States Parties hosting such visits, the Director-General of the Technical Secretariat (or his representative), and, if necessary, a Technical Secretariat interpreter. That decision stipulates that the Technical Secretariat is to cover the costs of its own staff and of chairperson (or vice-chairperson) of the Executive Council and that all other participants are to meet their own costs. The purpose of this project is to provide funding for the four regional representatives participating, if they so request. The clearance mechanism set up for the project set out in point 2.2.2 will be used to select beneficiaries to be funded under this project. The Technical Secretariat will inform the EU Presidency as soon as possible of all interested candidates and a meeting of the clearance mechanism will be convened. Prior agreement by EU Member States will be needed for the final selection of participants which will benefit from the EU support for the visits. Selection criteria will include the status of least developed countries, fulfilment by the applicant countries of their obligations to the OPCW and respect for all relevant international obligations on disarmament and non-proliferation. The EU will consider, at a later stage, the creation of a trust fund for these purposes. Total estimated cost of Project 7: EUR 21 696 3. Duration The total estimated duration for the implementation of this Joint Action is 18 months. 4. Beneficiaries The beneficiaries of universality-related activities are States not Parties to the CWC (both signatory States and non-signatory States). The beneficiaries of implementation-related activities are non-EU States Parties to the CWC. Projects will aim at reinforcing the strict implementation of, and compliance with, the CWC by States Parties. The selection of the beneficiaries will be identified by the OPCW in coordination with the EU Presidency. 5. Implementing entity The OPCW will be entrusted with the implementation of the seven projects. These seven projects will be implemented by OPCW staff with the help of the OPCW States Parties and their institutions, selected experts or contractors, as above. In the case of contractors, the procurement of any goods, works or services by the OPCW in the context of this Joint Action will be carried out in accordance with the applicable rules and procedures of the OPCW, as detailed in the European Community Contribution Agreement with an International Organisation. The results achieved by each of the seven projects financed under this Joint Action will be evaluated by the competent institutions and bodies of the EU in accordance with this Joint Action. For this purpose, the OPCW will provide the EU Presidency, through the Secretary-General/High Representative, and the Commission with detailed implementation reports. 6. Third Parties participants These projects will be financed 100 % by this Joint Action. Experts of OPCW States Parties may be considered as third Parties participants. They will work under the standard rules of operation for OPCW experts. 7. Estimated required resources The EU contribution will cover 100 % of the implementation of the seven projects, as described in this Annex. The estimated costs are as follows: Project 1 EUR 144 913 Project 2 EUR 676 733 Project 3 EUR 360 000 Project 4 EUR 246 130 Project 5 EUR 80 180 Project 6 EUR 140 000 Project 7 EUR 21 696 TOTAL ROUNDED COST (excluding contingencies): EUR 1 670 000 In addition, a contingency reserve of about 3 % of eligible costs (EUR 30 000) is included. TOTAL COST (including contingencies): EUR 1 700 000 8. Financial reference amount to cover the total cost of the projects The total cost of the projects is EUR 1 700 000. (1) States not Party are regionally distributed as follows: Africa (Angola, Congo (Brazzaville), Guinea Bissau and Somalia), Middle East (Egypt, Iraq, Israel, Lebanon and Syria), Latin America and the Caribbean (Bahamas, Barbados and Dominican Republic) and Asia (Myanmar and North Korea).

Summary: Chemical weapons Chemical weapons The European Council of 12 and 13 December 2003 adopted the strategy against proliferation of weapons of mass destruction, which in particular relates to combating chemical weapons. The present Joint Action follows on from the European Union (EU) commitment to support the activities of the Organisation for the Prohibition of Chemical Weapons (OPCW) and identifies seven priority projects. ACT Council Joint Action 2007/185/CFSP of 19 March 2007 on support for OPCW activities in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction [Official Journal L 85, 19.3.2007]. SUMMARY The Chemical Weapons Convention (CWC) and the Organisation for the Prohibition of Chemical Weapons (OPCW) play a crucial role in creating a world free of chemical weapons. Chapter III of the EU Strategy against Proliferation of Weapons of Mass Destruction recognises the importance of this and commits the EU to working towards universal adherence to the Chemical Weapons Convention (CWC). The Joint Action sets four objectives: promotion of the universality of the CWC; support for full implementation of the CWC by the signatory States; cooperation in the field of chemical activities, accompanying the implementation of the CWC; support for the creation of a collaborative framework between the chemical industry, the OPCW and national authorities. The OPCW projects corresponding to the Community priorities aim at the: promotion of the CWC by carrying out regional, sub-regional and bilateral activities designed to increase the membership of the OPCW; provision of sustained technical support to signatory States for the establishment and effective functioning of national authorities; strengthening of the signatory States capacities to respond and develop assistance and protection programmes against chemical weapons; establishment of a freely accessible database for identification of the chemicals indicated by the CWC; strengthening of international cooperation to facilitate the implementation of the CWC; support for an OPCW Industry and Protection Forum in the framework of the 10th anniversary of the OPCW; support for visits to chemical weapons destruction facilities (CWDFs) and/or CWDF construction sites. The Annex to the Joint Action sets out the details of the seven projects which will be fully funded by the EU (total cost: EUR 1 700 000) and implemented by the OPCW over a period of eighteen months. The beneficiaries of universality-related activities are States not party to the CWC (both signatory States and non-signatory States). The beneficiaries of implementation-related activities are non-EU States party to the CWC. References Act Entry into force - Date of expiry Deadline for transposition in the Member States Official Journal Joint Action 2007/185/CFSP 19.3.2007 - Official Journal L 85 of 27.3.2007 Last updated: 22.06.2007