30.7.2008 EN Official Journal of the European Union L 201/8 COUNCIL REGULATION (EC) No 734/2008 of 15 July 2008 on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Whereas: (1) The Community is a Contracting Party to the United Nations Convention on the Law of the Sea and to the Agreement on the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. These international instruments lay down the duty of States to cooperate on conserving the living resources of the high seas, and prescribe that such cooperation shall be pursued directly by States or through appropriate subregional or regional fisheries management organisations or arrangements. (2) The absence of a regional fisheries management organisation or arrangement does not exempt States from their obligation under the law of the Sea to adopt with respect to their nationals such measures as may be necessary for the conservation of the living resources of the high seas, including the protection of vulnerable marine ecosystems against the harmful effects of fishing activities. (3) Article 2 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (2) provides that the common fisheries policy is to apply the precautionary approach in taking measures to minimise the impact of fishing activities on marine ecosystems. Article 7 of the same Regulation provides that the Commission may decide on emergency measures at the substantiated request of a Member State or on its own initiative if there is evidence of a serious threat to the conservation of living aquatic resources, or to the marine ecosystem resulting from fishing activities and requiring immediate action. (4) The Community is committed to the conservation of marine ecosystems such as reefs, seamounts, deep water corals, hydrothermal vents and sponge beds. There is abundant scientific information showing that the integrity of these ecosystems is threatened by fishing activities using bottom gears. The Community has already adopted measures to close to bottom fishing areas within Community waters where such ecosystems are found. It has also been instrumental in the adoption of similar measures in the high seas within the areas of competence of all existing regional fisheries management organisations empowered to regulate bottom fisheries. It has also actively contributed to the establishment of new organisations or arrangements with a view to achieving global coverage of the world’s ocean by appropriate regional fisheries conservation and management regimes. There are, however, certain areas of the high seas for which the establishment of such a body encounters significant difficulties. (5) By Resolution 61/105 of the General Assembly of the United Nations, adopted on 8 December 2006, the international community has agreed on the pressing need to adopt measures to protect vulnerable marine ecosystems from the destructive effects of bottom fishing activities through strict regulation of those activities by regional fisheries management organisations or arrangements or by States in respect of their flagged vessels operating in areas where no such organisations or arrangements are in place. The General Assembly has provided guidance as to the kind of measures that should be adopted to this end. The work undertaken within the FAO to develop international guidelines on the management of these fishing activities in the framework of the Code of Conduct for Responsible Fisheries is also of high relevance for the design and adoption of such measures, as well as for their implementation by Member States. (6) The Community has a sizeable fleet conducting bottom fishing in areas not regulated by a regional fisheries management organisation or arrangement with competence to regulate such fishing activities and for which the establishment of such organisation or arrangement cannot be expected in the short term. Without prejudice to continued efforts to remedy these remaining spatial gaps in the international fisheries governance system, the Community must discharge its obligations under the law of the sea with regard to the conservation of the marine living resources in these areas and must therefore adopt appropriate measures in respect of these fleets. In doing so, the Community must act in accordance with the guidance provided by the General Assembly in Resolution 61/105. (7) A key component of the recommendations made by the General Assembly is measures ‘… to assess, on the basis of the best available scientific information, whether individual bottom fishing activities would have significant adverse impacts on vulnerable marine ecosystems, and to ensure that if it is assessed that these activities would have significant adverse impacts, they are managed to prevent such impacts, or not authorised to proceed’. (8) The implementation of that recommendation requires that the fishing vessels concerned are authorised to fish under a special fishing permit issued in accordance with Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits (3) and Commission Regulation (EC) No 2943/95 of 20 December 1995 setting out detailed rules for applying Council Regulation (EC) No 1627/94 (4). In addition, the issuance and validity of such permits must be subject to specific conditions ensuring that the impact of the authorised fishing activities has been properly assessed and that the conduct of fishing operations complies with such assessment. (9) The implementation of the Recommendations made by the General Assembly also requires relevant monitoring measures to ensure compliance with the conditions under which the permits are issued. These include on-board observers and specific provisions regarding the operation of satellite-based Vessel Monitoring Systems to address events of technical failure or non-functioning of the system, beyond those set forth by Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (5). (10) The identification of vulnerable marine ecosystems in areas not regulated by a regional fisheries management organisation is a work in progress and there is relatively limited scientific information in this respect. For this reason, it is imperative to prohibit the use of bottom gears in areas that have not undergone an appropriate scientific assessment as to the risks of significant adverse impacts that such fishing activities might have on vulnerable marine ecosystems. (11) The violation of specific conditions such as those relating to unassessed areas, the operation of the Vessel Monitoring System and the relocation of activities in case of unforeseen encounter with a vulnerable marine ecosystem may result in irreparable damage to such ecosystems and deserves therefore to be included among the list of serious infringements contained in Council Regulation (EC) No 1447/1999 of 24 June 1999 establishing a list of types of behaviour which seriously infringe the rules of the common fisheries policy (6). (12) The protection of individuals with regard to the processing of personal data is governed by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7), which is fully applicable to the processing of personal data for the purposes of this Regulation, in particular as regards the rights of data subjects to access, rectification, blocking and erasure of data and notification to third parties, which have not in consequence been further particularised in this Regulation, HAS ADOPTED THIS REGULATION: Article 1 Scope 1. This Regulation shall apply to Community fishing vessels carrying out fishing activities with bottom gears in the high seas. 2. This Regulation shall not apply to Community fishing vessels whose areas of operation lie within areas: (a) under the responsibility of a regional fisheries management organisation or arrangement with competence to regulate such fishing activities; (b) for which a process for the establishment of a regional fisheries management organisation is under way; where the participants in such process have agreed on interim measures to protect vulnerable marine ecosystems from destructive impacts resulting from the use of bottom gears. Article 2 Definitions For the purpose of this Regulation, the following definitions shall apply: (a) ‘marine ecosystem’ means a dynamic complex of plant, animal and microorganism communities and their non-living environment interacting as a functional unit; (b) ‘vulnerable marine ecosystem’ means any marine ecosystem whose integrity (i.e. ecosystem structure or function) is, according to the best scientific information available and to the principle of precaution, threatened by significant adverse impacts resulting from physical contact with bottom gears in the normal course of fishing operations, including, inter alia, reefs, seamounts, hydrothermal vents, cold water corals or cold water sponge beds. The most vulnerable ecosystems are those that are easily disturbed and in addition are very slow to recover, or may never recover; (c) ‘significant adverse impacts’ means impacts (evaluated individually, in combination or cumulatively) which compromise ecosystem integrity in a manner that impairs the ability of affected populations to replace themselves and that degrades the long-term natural productivity of habitats, or causes on more than a temporary basis significant loss of species richness, habitat or community types; (d) ‘bottom gears’ means gears deployed in the normal course of fishing operations in contact with the seabed, including bottom trawls, dredges, bottom-set gill nets, bottom-set longlines, pots and traps. Article 3 Special fishing permit 1. In order to conduct the fishing activities referred to in Article 1(1), Community fishing vessels shall have a special fishing permit. 2. The special fishing permit shall be issued in accordance with Regulation (EC) No 1627/94 and subject to the conditions established in this Regulation. Article 4 Conditions for issuance 1. Applications for a special fishing permit provided for in Article 3(1) shall be accompanied by a detailed fishing plan specifying in particular: (a) the intended location of the activities; (b) the targeted species; (c) the type of gears and the depth at which they will be deployed, and (d) the configuration of the bathymetric profile of the seabed in the intended fishing grounds, where this information is not already available to the competent authorities of the Flag State concerned. 2. The competent authorities shall issue a special fishing permit after having carried out an assessment on the potential impacts of the vessel’s intended fishing activities and concluded that such activities are not likely to have significant adverse impacts on vulnerable marine ecosystems. 3. For the purposes of the implementation of the assessment referred to in paragraph 2, the competent authorities shall rely on the best scientific and technical information available concerning the location of vulnerable marine ecosystems in the areas in which the fishing vessels concerned intend to operate. That information shall include, where available, scientific data on the basis of which the likelihood of occurrence of such ecosystems can be estimated. The assessment process shall include appropriate elements of independent scientific peer review. 4. The evaluation of the risk of significant adverse impacts on vulnerable marine ecosystems carried out under the assessment referred to in paragraph 2 shall take into account, as appropriate, differing conditions prevailing in areas where fishing activities with bottom gears are well established and in areas where fishing such activities have not taken place or only occur occasionally. 5. The competent authorities shall apply precautionary criteria in the conduct of the assessment referred to in paragraph 2. In case of doubt as to whether the adverse impacts are significant or not, they shall consider that the likely adverse impacts resulting from the scientific advice provided are significant. 6. Where the assessment concludes that activities carried out in accordance with the submitted fishing plan might result in significant adverse impacts to vulnerable marine ecosystems, the competent authorities shall specify the assessed risks and allow applicants to amend the fishing plan to avoid them. In the absence of such amendments, the competent authorities shall refrain from issuing the requested special fishing permit. Article 5 Conditions for validity 1. The special fishing permit provided for in Article 3(1) shall make it explicit that fishing activities carried out under it must conform to the fishing plan submitted in accordance with Article 4(1) at all times. 2. Where circumstances beyond the control of the person responsible for the vessel operations necessitate an alteration of the submitted plans, the person responsible for the vessel’s operations shall inform the competent authorities without delay, indicating the modifications intended to the original plan. The competent authorities shall examine such alterations and shall not authorise them if they entail a relocation of the activities to areas where vulnerable marine ecosystems occur or are likely to occur. 3. Failure to conform to the fishing plan provided for in Article 4(1) in circumstances other than those specified in paragraph 2 of this Article shall entail the withdrawal by the flag State of the special fishing permit issued to the fishing vessel concerned. Article 6 Unassessed areas 1. In the areas where no proper scientific assessment has been carried out and made available, the use of bottom gears shall be prohibited. This prohibition shall be subject to the review of this Regulation foreseen in Article 13. 2. Bottom fishing activities shall be permitted under the conditions laid down in this Regulation where this scientific assessment shows that vulnerable marine ecosystems will not be at risk. Article 7 Unforeseen encounters with vulnerable marine ecosystems 1. Where, in the course of fishing operations, a fishing vessel encounters a vulnerable marine ecosystem, it shall immediately cease fishing, or refrain from engaging in fishing in the site concerned. It shall resume operations only when it has reached an alternative site at a minimum distance of five nautical miles from the site of the encounter within the area foreseen in its fishing plan provided for in Article 4(1). 2. If another vulnerable marine ecosystem is encountered in the alternative site referred to in paragraph 1, the vessel shall keep relocating in accordance with the rules set out in that paragraph until a site is reached where no vulnerable marine ecosystems are found. 3. The fishing vessel shall report each encounter to the competent authorities without delay, providing precise information on the nature, location, time and any other relevant circumstances of the encounter. Article 8 Area closures 1. On the basis of the best scientific information available on the occurrence or on the likelihood of occurrence of vulnerable marine ecosystems in the region where their fishing vessels operate, Member States shall identify areas that shall be closed to fishing with bottom gears. Member States shall implement these closures without delay in respect of their vessels and immediately notify the Commission of the closure. The Commission shall circulate the notification to all Member States without delay. 2. Without prejudice to Article 7 of Regulation (EC) No 2371/2002, the Commission shall, where appropriate, submit proposals to the Council in accordance with Article 37 of the Treaty for the adoption of Community measures to implement area closures, whether on the basis of the information notified by Member States or on its own initiative. Article 9 Vessel monitoring system 1. Notwithstanding Article 11(1) of Regulation (EC) No 2244/2003, in the event of technical failure or non-functioning of the satellite tracking device fitted on-board a fishing vessel, the master of the vessel shall report its geographical situation to the flag Member State every two hours. 2. After returning from the sea trip, the vessel shall not leave the port again until the satellite tracking device is functioning to the satisfaction of the competent authorities. Article 10 Serious infringements 1. Any fishing activities carried out from the time when the vessel departed from its fishing plans in circumstances other than those specified in Article 5(2) shall be considered as fishing without holding a fishing permit and therefore as behaviour which seriously infringes the rules of the common fisheries policy. 2. Repeated instances of non-compliance with the obligations laid down in Articles 6, 7 and 9 shall be considered as behaviour that seriously infringes the rules of the common fisheries policy. Article 11 Observers 1. Observers shall be on-board all vessels to which a special fishing permit provided for in Article 3(1) is issued. The observers shall observe the fishing activities of the vessel throughout the execution of its fishing plan provided for in Article 4(1). The number of observers covering fishing activities in a fishing area shall be reviewed on 30 July 2009. 2. The observer shall: (a) record independently, in the same format as that used in the vessel’s logbook, the catch information prescribed in Article 6 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (8); (b) record any instances of alteration of the fishing plan as referred to in Article 5(2); (c) document any unforeseen encounters with vulnerable marine ecosystems referred to in Article 7, including the gathering of information that may be of use in relation to the protection of the site; (d) record depths at which gear is deployed; (e) present a report to the competent authorities of the Member State concerned within 20 days following the termination of the observation period. A copy of this report shall be sent to the Commission, within 30 days following receipt of a written request. 3. The observer shall not be any of the following: (a) a relative of the master of the vessel or other officer serving on the vessel to which the observer is assigned; (b) an employee of the master of the vessel to which he is assigned; (c) an employee of the master’s representative; (d) an employee of a company controlled by the master or his representative; (e) a relative of the master’s representative. Article 12 Information 1. Insofar as fishing vessels flying their flag fall within the scope of this Regulation, Member States shall communicate to the Commission, for each half calendar year within three months of the expiry of that half calendar year, a report on: (a) in addition to the requirements laid down in Article 18 of Regulation (EEC) No 2847/93, the catches made by the fishing vessels referred to in Article (1), established on the basis of the information recorded in logbooks, including full records of fishing days out of port and reports presented by the observers, broken down by quarter of the year, by type of gear and by species; (b) compliance with the fishing plans and with the requirements laid down in Articles 6, 7 and 8 by the fishing vessels referred to in Article 1(1) and the measures taken to remedy and sanction instances of non-compliance and serious infringements as referred to in Article 10; (c) their implementation of Article 8. 2. The reports submitted in accordance with paragraph 1 shall be accompanied by all the impact assessments carried out by the Member State concerned pursuant to Article 4(2) during the reported six-month period. 3. The Commission shall make the information received pursuant to paragraphs 1 and 2 publicly available, inter alia, through the FAO, and shall also transmit it without delay to the relevant scientific bodies as well as to Member States at their request. Article 13 Review The Commission shall submit to the European Parliament and to the Council a report on the implementation of this Regulation before 30 June 2010. That report shall be accompanied where necessary by proposals for amendments to this Regulation. Article 14 Entry into force This Regulation shall enter into force on the 30th day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 15 July 2008. For the Council The President M. BARNIER (1) Opinion of 4 June 2008 (not yet published in the Official Journal). (2) OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1). (3) OJ L 171, 6.7.1994, p. 7. (4) OJ L 308, 21.12.1995, p. 15. (5) OJ L 333, 20.12.2003, p. 17. (6) OJ L 167, 2.7.1999, p. 5. (7) OJ L 8, 12.1.2001, p. 1. (8) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11), as corrected by OJ L 36, 8.2.2007, p. 6.

Summary: Vulnerable marine ecosystems: protection from bottom fishing on the high seas Vulnerable marine ecosystems: protection from bottom fishing on the high seas SUMMARY OF: Regulation (EC) No 734/2008 — protecting vulnerable marine ecosystems WHAT IS THE AIM OF THE REGULATION? It sets out the rules for fishing vessels, registered in European Union (EU) countries, using bottom fishing gears* on the high seas outside areas regulated by regional fisheries management organisations or where such organisations have not adopted measures for these fisheries. KEY POINTS Regional fisheries management organisations (RFMOs) In line with the UN Convention on the Law of the Sea, RFMOs are international organisations through which coastal states and other states fishing on the high seas cooperate in the conservation and management of fish stocks, particularly highly migratory or straddling fish stocks*, in a particular geographic area. RFMOs have management powers to establish conservation and management measures such as catch and fishing limits, technical measures and control measures. The EU, represented by the European Commission, plays an active role in a number of RFMOs. Scope The regulation applies to vessels carrying out fishing activities with bottom fishing gears: outside an RFMO area; in an area where an RFMO is in the stages of development and interim measures for the protection of the marine environment have been adopted. Special fishing permits Bottom fishing activities are only authorised when they present no risk of damaging vulnerable marine ecosystems. EU-registered vessels using bottom fishing gears in these areas must obtain a special fishing permit. Applications must include a detailed fishing plan specifying: the area of activity; the targeted species; the type of gears used and the depth at which they will be used; a map of the seabed where the fishing activities will be carried out, if the issuing authority does not have it. Permits are issued by the country in which the vessel is registered. The responsible authorities of that country must: assess the data relating to vulnerable marine ecosystems in the area specified in the fishing plan before issuing a permit. Where no proper scientific assessment has been carried out and made available, the use of bottom fishing gears is forbidden; be notified of any changes to the fishing plan in order to assess whether vulnerable marine ecosystems will be threatened; withdraw the permit of any vessel not complying with their fishing plan. Area closures In line with UN General Assembly Resolution 61/105 of 2006, EU countries must identify areas where vulnerable marine ecosystems occur or are likely to occur on the basis of the best scientific information available, and close these areas to fishing with bottom gears. The Commission must be informed of any closures and must then inform the other EU countries. Monitoring Observers monitor the activities of vessels granted a special fishing permit until the fishing plan is completed. During this period, observers must: compile information on the catch; note changes to the fishing plan; note any encounters with vulnerable ecosystems; as well as record the depth at which gear is used. A report must be sent to the competent authorities in the EU country concerned within 20 days of the mission ending. A copy is sent to the Commission. FROM WHEN DOES THE REGULATION APPLY It has applied since 31 July 2008. * KEY TERMS Bottom gears: gears used in the normal course of fishing operations in contact with the seabed, including bottom trawls, dredges, bottom-set gill nets, bottom-set longlines, pots and traps. Straddling fish stocks: fisheries resources that migrate between the economic exclusion zones (i.e. a sea zone over which a country has special rights regarding the exploration and use of marine resources) and the high seas. MAIN DOCUMENT Council Regulation (EC) No 734/2008 of 15 July 2008 on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears (OJ L 201, 30.7.2008, pp. 8–13) last update 04.10.2016


15.1.2009 EN Official Journal of the European Union L 10/7 COUNCIL DIRECTIVE 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves (Codified version) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the European Economic and Social Committee (2), Whereas: (1) Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified. (2) Most Member States have ratified the European Convention for the protection of animals kept for farming purposes. The Community has also approved this Convention, by Council Decision 78/923/EEC (5). (3) Calves, being live animals, are included in the list of products set out in Annex I to the Treaty. (4) The keeping of calves is an integral part of agriculture. It constitutes a source of revenue for part of the agricultural population. (5) Differences which may distort conditions of competition interfere with the smooth running of the organisation of the common market in calves and calf products. (6) There is therefore a need to establish common minimum standards for the protection of rearing calves or calves for fattening in order to ensure rational development of production. (7) It is recognised scientifically that calves should benefit from an environment corresponding to their needs as a herd-living species. For that reason, they should be reared in groups. Calves, both group-housed and individually penned, should have sufficient space for exercise, for contact with other cattle and for normal movements when standing up or lying down. (8) It is necessary for official services, producers, consumers and others to be kept informed of developments in this field. The Commission should therefore, on the basis of an opinion from the European Food Safety Authority, pursue actively scientific research into the most efficient stock-farming system(s) from the point of view of the well-being of calves. Provision should accordingly be made for an interim period to enable the Commission to complete this task successfully. (9) The measures necessary for the implementation of this Directive 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 (6). (10) This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B, HAS ADOPTED THIS DIRECTIVE: Article 1 This Directive lays down the minimum standards for the protection of calves confined for rearing and fattening. Article 2 For the purposes of this Directive, the following definitions shall apply: 1. ‘calf’ means a bovine animal up to six months old; 2. ‘competent authority’ means the competent authority as defined in Article 2(6) of Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (7). Article 3 1. From 1 January 1998, the following provisions shall apply on all newly built or rebuilt holdings and on all those brought into use after that date: (a) no calf shall be confined in an individual pen after the age of eight weeks, unless a veterinarian certifies that its health or behaviour requires it to be isolated in order to receive treatment. The width of any individual pen for a calf shall be at least equal to the height of the calf at the withers, measured in the standing position, and the length shall be at least equal to the body length of the calf, measured from the tip of the nose to the caudal edge of the tuber ischii (pin bone), multiplied by 1,1. Individual pens for calves (except those for isolating sick animals) must not have solid walls, but perforated walls which allow the calves to have direct visual and tactile contact; (b) for calves kept in groups, the unobstructed space allowance available to each calf shall be at least equal to 1,5 m2 for each calf of a live weight of less than 150 kilograms, at least equal to 1,7 m2 for each calf of a live weight of 150 kilograms or more but less than 220 kilograms, and at least equal to 1,8 m2 for each calf of a live weight of 220 kilograms or more. However, the provisions of the first subparagraph shall not apply to: (a) holdings with fewer than six calves; (b) calves kept with their mothers for suckling. 2. From 31 December 2006, the provisions provided for in paragraph 1 shall apply to all holdings. Article 4 Member States shall ensure that the conditions for rearing calves comply with the general provisions laid down in Annex I. Article 5 The general provisions in Annex I may be amended in accordance with the procedure referred to in Article 10(2) in order to take account of scientific progress. Article 6 By 1 January 2006, the Commission shall submit to the Council a report, drawn up on the basis of an opinion from the European Food Safety Authority, on the intensive farming system(s) which comply with the requirements of the well-being of calves from the pathological, zootechnical, physiological and behavioural point of view, as well as the socioeconomic implications of different systems, together with proposals relevant to the report’s conclusions. Article 7 1. Member States shall ensure that inspections are carried out under the responsibility of the competent authority in order to check that the provisions of this Directive are complied with. These inspections, which may be carried out on the occasion of checks made for other purposes, shall each year cover a statistically representative sample of the different farming systems used in each Member State. 2. The Commission shall, in accordance with the procedure referred to in Article 10(2), draw up a code of rules to be applied in carrying out the inspections provided for in paragraph 1 of this Article. 3. Every two years, by the last working day in April and for the first time by 30 April 1996, Member States shall inform the Commission of the results of the inspections carried out during the previous two years in accordance with this Article, including the number of inspections carried out in relation to the number of holdings in their territory. Article 8 In order to be imported into the Community, animals coming from a third country must be accompanied by a certificate issued by the competent authority of that country, certifying that they have received treatment at least equivalent to that granted to animals of Community origin as provided for by this Directive. Article 9 Veterinary experts from the Commission may, where necessary for the uniform application of this Directive, carry out on-the-spot checks in cooperation with the competent authorities. The persons carrying out these checks shall implement the special personal hygiene measures necessary to exclude any risk of transmission of disease. The Member State in the territory of which a check is being carried out shall give all necessary assistance to the experts in carrying out their duties. The Commission shall inform the competent authority of the Member State concerned of the results of the checks. The competent authority of the Member State concerned shall take any measures which may prove necessary to take account of the results of the checks. With regard to relations with third countries, the provisions of Chapter III of Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries (8) shall apply. General rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 10(2) of this Directive. Article 10 1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (9). 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. Article 11 Member States may, in compliance with the general rules of the Treaty, maintain or apply within their territories stricter provisions for the protection of calves than those laid down in this Directive. They shall inform the Commission of any such measures. Article 12 Directive 91/629/EEC, as amended by the Acts listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III. Article 13 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 14 This Directive is addressed to the Member States. Done at Brussels, 18 December 2008. For the Council The President M. BARNIER (1) Opinion of 11 December 2007 (not yet published in the Official Journal). (2) OJ C 324, 30.12.2006, p. 26. (3) OJ L 340, 11.12.1991, p. 28. (4) See Annex II, Part A. (5) OJ L 323, 17.11.1978, p. 12. (6) OJ L 184, 17.7.1999, p. 23. (7) OJ L 224, 18.8.1990, p. 29. (8) OJ L 268, 24.9.1991, p. 56. (9) OJ L 31, 1.2.2002, p. 1. ANNEX I 1. Materials used for the construction of calf accommodation and in particular of boxes and equipment with which calves may come into contact must not be harmful to the calves and must be capable of being thoroughly cleaned and disinfected. 2. Until Community rules are laid down on the matter, electrical circuits and equipment must be installed in accordance with current national rules so as to avoid electric shocks. 3. Insulation, heating and ventilation of the building must ensure that the air circulation, dust level, temperature, relative air humidity and gas concentrations are kept within limits which are not harmful to the calves. 4. All automated or mechanical equipment essential for the calves’ health and well-being must be inspected at least once daily. Where defects are discovered, they must be rectified immediately or, if this is impossible, appropriate steps must be taken to safeguard the health and well-being of the calves until the defect has been rectified, notably by using alternative methods of feeding and maintaining a satisfactory environment. Where an artificial ventilation system is used, provision must be made for an appropriate back-up system to guarantee sufficient air renewal to preserve the health and well-being of the calves in the event of failure of the system, and an alarm system must be provided to warn the stock-keeper of the breakdown. The alarm system must be tested regularly. 5. Calves must not be kept permanently in darkness. To meet their behavioural and physiological needs, provision must be made, allowing for the different climatic conditions in the Member States, for appropriate natural or artificial lighting; if the latter, it must function for a period at least equivalent to the period of natural light normally available between 9 a.m. and 5 p.m. In addition, suitable lighting (fixed or portable) strong enough to allow the calves to be inspected at any time must be available. 6. All housed calves must be inspected by the owner or the person responsible for the animals at least twice daily and calves kept outside must be inspected at least once daily. Any calf which appears to be ill or injured must be treated appropriately without delay and veterinary advice must be obtained as soon as possible for any calf which is not responding to the stock-keeper’s care. Where necessary, sick or injured calves must be isolated in adequate accommodation with dry, comfortable bedding. 7. The accommodation for calves must be constructed in such a way as to allow each calf to lie down, rest, stand up and groom itself without difficulty. 8. Calves must not be tethered, with the exception of group-housed calves which may be tethered for periods of not more than one hour at the time of feeding milk or milk substitute. Where tethers are used, they must not cause injury to the calves and must be inspected regularly and adjusted as necessary to ensure a comfortable fit. Each tether must be designed to avoid the risk of strangulation or injury and to allow the calf to move in accordance with point 7. 9. Housing, pens, equipment and utensils used for calves must be properly cleaned and disinfected to prevent cross-infection and the build-up of disease-carrying organisms. Faeces, urine and uneaten or spilt food must be removed as often as necessary to minimise smell and avoid attracting flies or rodents. 10. Floors must be smooth but not slippery, so as to prevent injury to the calves, and so designed as not to cause injury or suffering to calves standing or lying on them. They must be suitable for the size and weight of the calves and form a rigid, even and stable surface. The lying area must be comfortable, clean, and adequately drained and must not adversely affect the calves. Appropriate bedding must be provided for all calves less than two weeks old. 11. All calves must be provided with an appropriate diet adapted to their age, weight and behavioural and physiological needs, to promote good health and welfare. To this end, their food must contain sufficient iron to ensure an average blood haemoglobin level of at least 4,5 mmol/litre, and a minimum daily ration of fibrous food must be provided for each calf over two weeks old, the quantity being raised from 50 g to 250 g per day for calves from eight to 20 weeks old. Calves shall not be muzzled. 12. All calves must be fed at least twice a day. Where calves are housed in groups and not fed ad libitum or by an automatic feeding system, each calf must have access to the food at the same time as the others in the group. 13. All calves over two weeks of age must have access to a sufficient quantity of fresh water or be able to satisfy their fluid intake needs by drinking other liquids. However, in hot weather conditions or for calves which are ill, fresh drinking water must be available at all times. 14. Feeding and watering equipment must be designed, constructed, placed and maintained so that contamination of the calves’ feed and water is minimised. 15. Each calf must receive bovine colostrum as soon as possible after it is born and in any case within the first six hours of life. ANNEX II PART A Repealed Directive with its successive amendments (referred to in Article 12) Council Directive 91/629/EEC (OJ L 340, 11.12.1991, p. 28) Council Directive 97/2/EC (OJ L 25, 28.1.1997, p. 24) Commission Decision 97/182/EC (OJ L 76, 18.3.1997, p. 30) Council Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1) only Annex III, point 25 PART B List of time limits for transposition into national law (referred to in Article 12) Directives Time limit for transposition 91/629/EEC 1 January 1994 97/2/EC 31 December 1997 ANNEX III CORRELATION TABLE Directive 91/629/EEC This Directive Articles 1 and 2 Articles 1 and 2 Article 3(1) — Article 3(2) — Article 3(3), first subparagraph Article 3(1), first subparagraph Article 3(3), second subparagraph, introductory words Article 3(1), second subparagraph, introductory words Article 3(3), second subparagraph, first indent Article 3(1), second subparagraph, point (a) Article 3(3), second subparagraph, second indent Article 3(1), second subparagraph, point (b) Article 3(3), third subparagraph Article 3(2) Article 3(4) — Article 4(1) Article 4 Articles 5 to 10 Articles 5 to 10 Article 11(1) — Article 11(2) Article 11 — Article 12 — Article 13 Article 12 Article 14 Annex Annex I — Annex II — Annex III

Summary: Protection of calves intended for slaughter Protection of calves intended for slaughter SUMMARY OF: Directive 2008/119/EC — minimum standards for the protection of calves WHAT IS THE AIM OF THE DIRECTIVE? It lays down minimum standards for the protection of confined calves intended for human consumption. KEY POINTS This directive lays down minimum standards for the protection of calves (i.e. bovine animals of up to 6 months old) placed in units in which they are raised for slaughter. These standards, which have been compulsory since 1 January 2007, do not apply to calves kept with the cow for suckling, or to holdings with fewer than 6 calves. The directive does not cover the transport of calves, which is governed by Regulation (EC) No 1/2005. Group or individual pens Pens must be constructed in such a way as to allow each calf to lie down, rest, stand up and groom itself without difficulty. From the age of 8 weeks, individual pens are prohibited except in the case of illness. This measure is justified by the gregarious nature of bovine animals. Before the age of 8 weeks, individual pens are permitted. They are to be composed of perforated walls which allow the calves to have visual and tactile contact. Solid walls may be used only to isolate sick animals from the rest of the herd. Group pens must comply with the following standards relating to space (see table below). Weight of animal in kg Area in m2 ‹ 150 1.5 ‹ 220 1.7 › 220 1.8 Calves must not be tethered (except possibly during the feeding of milk for a period of not more than one hour) or muzzled. Housing, pens, equipment and utensils must be cleaned and disinfected. Floors must be smooth but not slippery, so as to prevent injury to the calves. The lying area must be comfortable, clean and adequately drained. Bedding is compulsory for calves less than 2 weeks old. Health Each calf must receive bovine colostrum as soon as possible after it is born (within the first 6 hours of life). Any calf which is ill or injured must be treated without delay. Veterinary advice must be obtained as soon as possible for any calf which is not responding to the stock-keeper’s care. Diet Calves are to be fed at least twice a day. Each calf must have access to food at the same time as the others in the group. Their food must contain sufficient iron to ensure an average blood haemoglobin level of at least 4.5 mmol/litre, and a minimum daily ration of fibrous food must be provided for each calf over 2 weeks old. Diet must be adapted to the age and weight of the animal. It must also be adapted to its behaviour and physiological needs. Calves over 2 weeks of age should have access to fresh water. Monitoring of animals Housed calves must be inspected at least twice daily and mechanical equipment at least once daily. Where an artificial ventilation system is used, an alarm system (tested regularly) and a ventilation back-up system must be installed. Light levels Calves should be kept in conditions with natural or artificial lighting (equivalent to the period of natural light between 9 a.m. and 5 p.m.). Inspections EU countries must carry out inspections every year on a statistically representative sample. The European Commission may send veterinary experts to carry out on-the-spot checks with the assistance of the national inspectors. Imports To import animals from non-EU countries, a certificate is required stating that they have received treatment equivalent to that granted to animals of EU origin. Specific rules EU countries may, within their territories, apply stricter rules than those laid down in this directive. In this case, they must inform the Commission in advance of these measures. Official controls regulation Regulation (EU) 2017/625, the EU’s new legislation on the official controls of human food and animal feed, amends certain minor technical details of the directive. These changes will apply from 14 December 2019. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 4 February 2009. The directive codifies and repeals previous legislation (Directive 91/629/EEC) which had to be incorporated into national law by 1 January 1994. BACKGROUND For more information, see: Calves (European Commission). MAIN DOCUMENT Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves (Codified version) (OJ L 10, 15.1.2009, pp. 7–13) RELATED DOCUMENTS Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, pp. 1–142) See consolidated version. Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ L 3, 5.1.2005, pp. 1–44) last update 27.09.2017


24.7.2008 EN Official Journal of the European Union L 195/24 COUNCIL DECISION of 8 July 2008 in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (2008/608/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 122(2) thereof, Having regard to the proposal from the Commission, Having regard to the report from the Commission (1), Having regard to the report from the European Central Bank (2), Having regard to the Opinion of the European Parliament (3), Having regard to the discussion of the Council, meeting in the composition of Heads of State or Government, Whereas: (1) The third stage of economic and monetary union (hereinafter referred to as ‘EMU’) started on 1 January 1999. By Decision 98/317/EC (4), the Council, meeting in Brussels on 3 May 1998 in the composition of Heads of State or Government, found that Belgium, Germany, Spain, France, Ireland, Italy, Luxembourg, the Netherlands, Austria, Portugal and Finland fulfilled the necessary conditions for adopting the single currency on 1 January 1999. (2) By Decision 2000/427/EC (5) the Council decided that Greece fulfilled the necessary conditions for adopting the single currency on 1 January 2001. By Decision 2006/495/EC (6) the Council decided that Slovenia fulfilled the necessary conditions for adopting the single currency on 1 January 2007. By Decisions 2007/503/EC (7) and 2007/504/EC (8) the Council decided that Cyprus and Malta fulfilled the necessary conditions for adopting the single currency on 1 January 2008. (3) In accordance with paragraph 1 of the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland annexed to the Treaty, the United Kingdom notified the Council that it did not intend to move to the third stage of EMU on 1 January 1999. This notification has not been changed. In accordance with paragraph 1 of the Protocol on certain provisions relating to Denmark annexed to the Treaty and the Decision taken by the Heads of State or Government in Edinburgh in December 1992, Denmark has notified the Council that it will not participate in the third stage of EMU. Denmark has not requested that the procedure referred to in Article 122(2) of the Treaty be initiated. (4) By virtue of Decision 98/317/EC Sweden has a derogation as defined in Article 122 of the Treaty. In accordance with Article 4 of the 2003 Act of Accession, the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland and Slovakia have a derogation as defined in Article 122 of the Treaty. In accordance with Article 5 of the 2005 Act of Accession, Bulgaria and Romania have a derogation as defined in Article 122 of the Treaty. (5) The European Central Bank (hereinafter referred to as ‘ECB’) was established on 1 July 1998. The European Monetary System has been replaced by an exchange-rate mechanism, the setting-up of which was agreed by a resolution of the European Council on the establishment of an exchange-rate mechanism in the third stage of economic and monetary union of 16 June 1997 (9). The procedures for an exchange-rate mechanism in stage three of economic and monetary union (ERM II) were laid down in the Agreement of 16 March 2006 between the ECB and the national central banks of the Member States outside the euro area laying down the operating procedures for an exchange-rate mechanism in stage three of economic and monetary union (10). (6) Article 122(2) of the Treaty lays down the procedures for abrogation of the derogation of the Member States concerned. According to that Article at least once every two years, or at the request of a Member State with a derogation, the Commission and the ECB are to report to the Council in accordance with the procedure laid down in Article 121(1) of the Treaty. The most recent Commission and ECB regular Convergence Reports were adopted in May 2008. Slovakia submitted a formal request for a convergence assessment on 4 April 2008. (7) National legislation in the Member States including the statutes of national central banks is to be adapted as necessary with a view to ensuring compatibility with Articles 108 and 109 of the Treaty and the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as ‘Statute of the ESCB’). The reports of the Commission and the ECB provide a detailed assessment of the compatibility of the legislation of Slovakia with Articles 108 and 109 of the Treaty and the Statute of the ESCB. (8) According to Article 1 of the Protocol on the convergence criteria referred to in Article 121 of the Treaty, the criterion concerning price stability referred to in the first indent of Article 121(1) of the Treaty means that a Member State has a price performance that is sustainable and an average rate of inflation, observed over a period of one year before the examination, that does not exceed by more than one and a half percentage points that of, at most, the three best performing Member States in terms of price stability. For the purpose of the criterion concerning price stability, inflation is measured by the harmonised indices of consumer prices (HICPs) defined in Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices (11). In order to assess the price stability criterion a Member State’s inflation is measured by the percentage change in the arithmetic average of 12 monthly indices relative to the arithmetic average of 12 monthly indices of the previous period. In the one-year period ending in March 2008, the three best-performing Member States in terms of price stability were Malta, the Netherlands and Denmark, with inflation rates of, respectively 1,5 percent, 1,7 percent and 2,0 percent. A reference value calculated as the simple arithmetic average of the inflation rates of the three best-performing Member States in terms of price stability plus 1,5 percentage points was considered in the reports of the Commission and the ECB. On this basis, the reference value in the one-year period ending in March 2008 was 3,2 percent. (9) According to Article 2 of the Protocol on the convergence criteria referred to in Article 121 of the Treaty, the criterion concerning the government budgetary position referred to in the second indent of Article 121(1) of the Treaty means that at the time of the examination the Member State is not the subject of a Council Decision under Article 104(6) of the Treaty that an excessive deficit exists. (10) According to Article 3 of the Protocol on the convergence criteria referred to in Article 121 of the Treaty, the criterion concerning participation in the exchange-rate mechanism of the European Monetary System referred to in the third indent of Article 121(1) of the Treaty means that a Member State has respected the normal fluctuation margins provided for by the exchange-rate mechanism of the European Monetary System without severe tensions for at least the last two years before the examination. In particular, the Member State must not have devalued its currency’s bilateral central rate against any other Member State’s currency on its own initiative for the same period. Since 1 January 1999 the ERM II provides the framework for assessing the fulfilment of the exchange-rate criterion. In assessing the fulfilment of this criterion in their reports, the Commission and the ECB have examined the two-year period ending on 18 April 2008. (11) According to Article 4 of the Protocol on the convergence criteria referred to in Article 121 of the Treaty, the criterion concerning the convergence of interest rates referred to in the fourth indent of Article 121(1) of the Treaty means that, observed over a period of one year before the examination, a Member State has had an average nominal long-term interest rate that does not exceed by more than two percentage points that of, at most, the three best performing Member States in terms of price stability. For the purpose of the criteria concerning the convergence of interest rates, comparable interest rates on 10-year benchmark government bonds were used. In order to assess the fulfilment of the interest-rate criterion a reference value calculated as the simple arithmetic average of the nominal long-term interest rates of the three best performing Member States in terms of price stability plus two percentage points was considered in the reports of the Commission and the ECB. On this basis, the reference value in the one-year period ending in March 2008 was 6,5 percent. (12) In accordance with Article 5 of the Protocol on the convergence criteria referred to in Article 121 of the Treaty, the data used in the current assessment of the fulfilment of the convergence criteria are to be provided by the Commission. For the preparation of this decision the Commission provided data. Budgetary data were provided by the Commission after reporting by the Member States by 1 April 2008 in accordance with Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (12). (13) On the basis of reports presented by the Commission and the ECB on the progress made in the fulfilment by Slovakia of its obligations regarding the achievement of economic and monetary union, the Commission concluded that: — in Slovakia, national legislation, including the Statute of the national central bank, is compatible with Articles 108 and 109 of the Treaty and the Statute of the ESCB, — regarding the fulfilment by Slovakia of the convergence criteria mentioned in the four indents of Article 121(1) of the Treaty: — the average inflation rate in Slovakia in the year ending March 2008 stood at 2,2 percent, which is well below the reference value, and it is likely to remain below the reference value in the months ahead, albeit with a narrowing margin, — the budget deficit in Slovakia has seen a credible and sustainable reduction to below 3 percent of GDP; the Commission therefore recommended to the Council to abrogate Decision 2005/182/EC of 5 July 2004 on the existence of an excessive deficit for Slovakia (13), — Slovakia has been a member of ERM II since 28 November 2005; in the two-year period ending 18 April 2008, the Slovak koruna (SKK) has not been subject to severe tensions and Slovakia has not devalued, on its own initiative, the SKK bilateral central rate against the euro, — in the year ending March 2008, the long-term interest rate in Slovakia was, on average, 4,5 percent which is below the reference value. In the light of the assessment on legal compatibility and on the fulfilment of the convergence criteria as well as the additional factors, and provided that Decision 2005/182/EC on the existence of an excessive deficit is abrogated by the Council, Slovakia fulfils the necessary conditions for the adoption of the euro. (14) By Decision 2008/562/EC (14) the Council, acting on a recommendation from the Commission, abrogated Decision 2005/182/EC on the existence of an excessive deficit in Slovakia. (15) According to Article 122(2) of the Treaty the Council, acting by qualified majority on a proposal by the Commission, is to decide which Member States with a derogation fulfil the necessary conditions for the adoption of the single currency and abrogate the derogations of the Member States concerned, HAS ADOPTED THIS DECISION: Article 1 Slovakia fulfils the necessary conditions for the adoption of the single currency. The derogation in favour of Slovakia referred to in Article 4 of the 2003 Act of Accession shall be abrogated with effect from 1 January 2009. Article 2 This Decision is addressed to the Member States. Article 3 This Decision shall be published in the Official Journal of the European Union. Done at Brussels, 8 July 2008. For the Council The President C. LAGARDE (1) Report adopted on 7 May 2008. (2) Report adopted on 6 May 2008. (3) Opinion delivered on 17 June 2008 (not yet published in the Official Journal). (4) OJ L 139, 11.5.1998, p. 30. (5) OJ L 167, 7.7.2000, p. 19. (6) OJ L 195, 15.7.2006, p. 25. (7) OJ L 186, 18.7.2007, p. 29. (8) OJ L 186, 18.7.2007, p. 32. (9) OJ C 236, 2.8.1997, p. 5. (10) OJ C 73, 25.3.2006, p. 21. Agreement as amended by the Agreement of 14 December 2007 (OJ C 319, 29.12.2007, p. 7). (11) OJ L 257, 27.10.1995, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). (12) OJ L 332, 31.12.1993, p. 7. Regulation as last amended by Regulation (EC) No 2103/2005 (OJ L 337, 22.12.2005, p. 1). (13) OJ L 62, 9.3.2005, p. 16. (14) OJ L 181, 10.7.2008, p. 43.

Summary: The introduction of the euro in Slovakia (2009) The introduction of the euro in Slovakia (2009) Slovakia has met the entry requirements to join the euro area and will therefore adopt the single currency on 1 January 2009. ACT Council Decision of 8 July 2008 in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009. SUMMARY This Decision allows Slovakia to adopt the euro on 1 January 2009, considering that the country meets the necessary requirements for entry into the third stage of the Economic and Monetary Union (EMU). In this respect, the derogation which applies to Slovakia in accordance with Article 4 of the 2003 Act of Accession (PDF) will be abrogated on this date. The country fulfils the convergence criteria insofar as: the legislation, including the statutes of the national central bank, is compatible with Articles 108 and 109 of the Treaty and the Statute of the European System of Central Banks (ESCB); the average rate of inflation was 2.2 % in 2008, much lower than the reference value (an average 1.5 % lower than those of the three Member States with the best results in terms of price stability). This trend should remain steady in the medium term; the budget deficit has been reduced to less than 3 % of GDP and Decision 2005/182/EC on the existence of an excessive deficit in Slovakia has been abrogated by Decision 2008/562/EC; the country has been a member of the European Exchange Rate Mechanism (ERM II) since 28 November 2005. During this two-year period, Slovakia has not devalued the bilateral central rate of its currency against the euro, and the Slovak koruna (SKK) has not been subject to any severe tensions; the long-term interest rate in Slovakia is, on average, 4.5 % which is below the reference value (the average rate of the three Member States with the best results in terms of price stability, plus two percentage points - i.e. 6.5 % in 2008). This Decision is based on convergence reports provided to the Council by the Commission and by the European Central Bank (ECB) (PDF), at Slovakia’s request. Context With regard to the Act of Accession, new European Union Member States are in a position to participate in the EMU from their date of accession. They benefit from a derogation under Article 122 of the Treaty until the Council decides, following a proposal from the Commission, to abrogate the derogation for those States meeting the convergence criteria. References Act Entry into force Deadline for transposition in the Member States Official Journal Decision 2008/608/EC 24.7.2008 - OJ L 195 of 24.7.2008 See also For further information, please visit the following websites: Eurobarometer: introduction of the euro in Slovakia and in new Member States; European Commission Directorate General for Economic and Financial Affairs: the euro. Last updated: 20.02.2009


29.11.2008 EN Official Journal of the European Union L 319/59 DIRECTIVE 2008/96/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 November 2008 on road infrastructure safety management THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 71(1)(c) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: (1) The trans-European road network defined in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (3), is of paramount importance in supporting European integration and cohesion as well as ensuring a high level of well-being. In particular, a high level of safety should be guaranteed. (2) In its White Paper of 12 September 2001‘European transport policy for 2010: time to decide’ the Commission expressed the need to carry out safety impact assessments and road safety audits, in order to identify and manage high accident concentration sections within the Community. It also set the target of halving the number of deaths on the roads within the European Union between 2001 and 2010. (3) In its Communication of 2 June 2003‘European Road Safety Action Programme, Halving the number of road accident victims in the European Union by 2010: A shared responsibility’ the Commission identified road infrastructure as the third pillar of road safety policy, which should make an important contribution to the Community’s accident reduction target. (4) In recent years, major advances have been made in vehicle design (safety measures and the development and application of new technologies) which have helped to reduce the number of people killed or injured in road accidents. If the target set for 2010 is to be achieved, action must be taken in other areas too. Managing the safety of road infrastructure offers plenty of scope for improvement, which must be used to advantage. (5) The setting up of appropriate procedures is an essential tool for improving the safety of road infrastructure within the trans-European road network. Road safety impact assessments should demonstrate, on a strategic level, the implications on road safety of different planning alternatives of an infrastructure project and they should play an important role when routes are being selected. The results of road safety impact assessments may be set out in a number of documents. Moreover, road safety audits should identify, in a detailed way, unsafe features of a road infrastructure project. It therefore makes sense to develop procedures to be followed in those two fields with the aim of increasing safety of road infrastructures on the trans-European road network, whilst at the same time excluding road tunnels which are covered by Directive 2004/54/EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the trans-European road network (4). (6) Several Member States already possess well functioning road infrastructure safety management systems. These countries should be permitted to continue using their existing methods, in so far as they are consistent with the aims of this Directive. (7) Research is vital to improving safety on the roads within the European Union. Developing and demonstrating components, measures and methods (including telematics) and disseminating research results play an important part in increasing the safety of road infrastructure. (8) Safety performance of existing roads should be raised by targeting investments to the road sections with the highest accident concentration and/or the highest accident reduction potential. To be able to adapt their behaviour and increase compliance with traffic rules, in particular speed limits, drivers should be made aware of road sections with a high accident concentration. (9) Network safety ranking has a high potential immediately after its implementation. Once road sections with a high accident concentration have been treated and remedial measures have been taken, safety inspections as a preventive measure should assume a more important role. Regular inspections are an essential tool for preventing possible dangers for all road users, including vulnerable users, and also in case of roadworks. (10) Training and certification of safety personnel by means of training curricula and tools for qualification validated by the Member States should ensure that practitioners get the necessary up-to-date knowledge. (11) With a view to improving safety on the roads within the European Union, arrangements should be made for more frequent and more consistent exchanges of best practices among the Member States. (12) In order to ensure a high level of road safety on the roads within the European Union Member States should apply guidelines on infrastructure safety management. The notification of those guidelines to the Commission and regular reporting on their implementation should pave the way for the systematic improvement of infrastructure safety at Community level and provide a basis for the evolution towards a more effective system over time. The reporting on their implementation should, furthermore, allow other Member States to identify the most effective solutions, while the systematic collection of data from before/after studies should allow selecting the most effective measure for future action. (13) The provisions of this Directive which relate to investment in road safety should apply without prejudice to the Member States’ powers as regards investment in the upkeep of the road network. (14) Since the objective of this Directive namely the establishment of procedures to ensure a consistently high level of road safety throughout the trans-European road network cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of the 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 Directive does not go beyond what is necessary in order to achieve that objective. (15) The measures necessary for the implementation of this Directive 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 (5). (16) In particular the Commission should be empowered to adopt the criteria necessary for the improvement of road safety management practices and the adaptation of the annexes to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. (17) Sufficient roadside parking areas are very important not only for crime prevention but also for road safety. Parking areas enable drivers to take rest breaks in good time and continue their journey with full concentration. The provision of sufficient safe parking areas should therefore form an integral part of road infrastructure safety management. (18) In accordance with point 34 of the Interinstitutional Agreement on better law-making (6), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and their transposition measures, and to make them public, HAVE ADOPTED THIS DIRECTIVE: Article 1 Subject matter and scope 1. This Directive requires the establishment and implementation of procedures relating to road safety impact assessments, road safety audits, the management of road network safety and safety inspections by the Member States. 2. This Directive shall apply to roads which are part of the trans-European road network, whether they are at the design stage, under construction or in operation. 3. Member States may also apply the provisions of this Directive, as a set of good practices, to national road transport infrastructure, not included in the trans-European road network, that was constructed using Community funding in whole or in part. 4. This Directive shall not apply to road tunnels covered by Directive 2004/54/EC. Article 2 Definitions For the purposes of this Directive, the following definitions shall apply: 1. ‘trans-European road network’ means the road network identified in Section 2 of Annex I to Decision No 1692/96/EC; 2. ‘competent entity’ means any public or private organisation set up at national, regional or local level, involved in the implementation of this Directive by reason of its competences, including bodies designated as competent entities which existed before the entry into force of this Directive, in so far as they meet the requirements of this Directive; 3. ‘road safety impact assessment’ means a strategic comparative analysis of the impact of a new road or a substantial modification to the existing network on the safety performance of the road network; 4. ‘road safety audit’ means an independent detailed systematic and technical safety check relating to the design characteristics of a road infrastructure project and covering all stages from planning to early operation; 5. ‘ranking of high accident concentration sections’ means a method to identify, analyse and rank sections of the road network which have been in operation for more than three years and upon which a large number of fatal accidents in proportion to the traffic flow have occurred; 6. ‘network safety ranking’ means a method for identifying, analysing and classifying parts of the existing road network according to their potential for safety development and accident cost savings; 7. ‘safety inspection’ means an ordinary periodical verification of the characteristics and defects that require maintenance work for reasons of safety; 8. ‘guidelines’ means measures adopted by Member States, which lay down the steps to be followed and the elements to be considered in applying the safety procedures set out in this Directive; 9. ‘infrastructure project’ means a project for the construction of new road infrastructure or a substantial modification to the existing network which affects the traffic flow. Article 3 Road safety impact assessment for infrastructure projects 1. Member States shall ensure that a road safety impact assessment is carried out for all infrastructure projects. 2. The road safety impact assessment shall be carried out at the initial planning stage before the infrastructure project is approved. In that connection, Member States shall endeavour to meet the criteria set out in Annex I. 3. The road safety impact assessment shall indicate the road safety considerations which contribute to the choice of the proposed solution. It shall further provide all relevant information necessary for a cost-benefit analysis of the different options assessed. Article 4 Road safety audits for infrastructure projects 1. Member States shall ensure that road safety audits are carried out for all infrastructure projects. 2. When carrying out road safety audits the Member States shall endeavour to meet the criteria set out in Annex II. Member States shall ensure that an auditor is appointed to carry out an audit of the design characteristics of an infrastructure project. The auditor shall be appointed in accordance with the provisions of Article 9(4) and shall have the necessary competence and training provided for in Article 9. Where audits are undertaken by teams, at least one member of the team shall hold a certificate of competence as referred to in Article 9(3). 3. Road safety audits shall form an integral part of the design process of the infrastructure project at the stage of draft design, detailed design, pre-opening and early operation. 4. Member States shall ensure that the auditor sets out safety critical design elements in an audit report for each stage of the infrastructure project. Where unsafe features are identified in the course of the audit but the design is not rectified before the end of the appropriate stage as referred to in Annex II, the reasons shall be stated by the competent entity in an Annex to that report. 5. Member States shall ensure that the report referred to in paragraph 4 shall result in relevant recommendations from a safety point of view. Article 5 Safety ranking and management of the road network in operation 1. Member States shall ensure that the ranking of high accident concentration sections and the network safety ranking are carried out on the basis of reviews, at least every three years, of the operation of the road network. In that connection, Member States shall endeavour to meet the criteria set out in Annex III. 2. Member States shall ensure that road sections showing higher priority according to the results of the ranking of high accident concentration sections and from network safety ranking are evaluated by expert teams by means of site visits guided by the elements referred to in point 3 of Annex III. At least one member of the expert team shall meet the requirements set out in Article 9(4)(a). 3. Member States shall ensure that remedial treatment is targeted at the road sections referred to in paragraph 2. Priority shall be given to those measures referred to in point 3(e) of Annex III paying attention to those presenting the highest benefit-cost ratio. 4. Member States shall ensure that appropriate signs are in place to warn road users of road infrastructure segments that are undergoing repairs and which may thus jeopardise the safety of road users. These signs shall also include signs which are visible during both day and night time and set up at a safe distance and shall comply with the provisions of the Vienna Convention on Road Signs and Signals of 1968. 5. Member States shall ensure that road users are informed of the existence of a high accident concentration section by appropriate measures. If a Member State decides to use signposting, this shall comply with the provisions of the Vienna Convention on Road Signs and Signals of 1968. Article 6 Safety inspections 1. Member States shall ensure that safety inspections are undertaken in respect of the roads in operation in order to identify the road safety related features and prevent accidents. 2. Safety inspections shall comprise periodic inspections of the road network and surveys on the possible impact of roadworks on the safety of the traffic flow. 3. Member States shall ensure that periodic inspections are undertaken by the competent entity. Such inspections shall be sufficiently frequent to safeguard adequate safety levels for the road infrastructure in question. 4. Without prejudice to the guidelines adopted pursuant to Article 8, Member States shall adopt guidelines on temporary safety measures applying to roadworks. They shall also implement an appropriate inspection scheme to ensure that those guidelines are properly applied. Article 7 Data management 1. Member States shall ensure that for each fatal accident occurring on a road referred to in Article 1(2) an accident report is drawn up by the competent entity. Member States shall endeavour to include in that report each of the elements listed in Annex IV. 2. Member States shall calculate the average social cost of a fatal accident and the average social cost of a severe accident occurring in its territory. Member States may choose to further differentiate the cost rates, which shall be updated at least every five years. Article 8 Adoption and communication of guidelines 1. Member States shall ensure that guidelines, if they do not already exist, are adopted by 19 December 2011, in order to support the competent entities in the application of this Directive. 2. Member States shall communicate these guidelines to the Commission within three months of their adoption or amendment. 3. The Commission shall make them available on a public website. Article 9 Appointment and training of auditors 1. Member States shall ensure that, if they do not already exist, training curricula for road safety auditors are adopted by 19 December 2011. 2. Member States shall ensure that where road safety auditors carry out functions under this Directive, they undergo an initial training resulting in the award of a certificate of competence, and take part in periodic further training courses. 3. Member States shall ensure that road safety auditors hold a certificate of competence. Certificates awarded before the entry into force of this Directive shall be recognised. 4. Member States shall ensure that auditors are appointed in compliance with the following requirements: (a) they have relevant experience or training in road design, road safety engineering and accident analysis; (b) from two years after the adoption by the Member States of the guidelines pursuant to Article 8, road safety audits shall only be undertaken by auditors or teams to which auditors belong, meeting the requirements provided for in paragraphs 2 and 3; (c) for the purpose of the infrastructure project audited, the auditor shall not at the time of the audit be involved in the conception or operation of the relevant infrastructure project. Article 10 Exchange of best practices In order to improve the safety of roads within the European Union that are not part of the trans-European road network, the Commission shall establish a coherent system for the exchange of best practices between the Member States, covering, inter alia, existing road infrastructure safety projects and proven road safety technology. Article 11 Continuous improvement of safety management practices 1. The Commission shall facilitate and structure the exchange of knowledge and best practices between Member States, making use of the experience gained in existing relevant international forums, with a view to achieving continuous improvement of safety management practices concerning road infrastructures in the European Union. 2. The Commission shall be assisted by the Committee referred to in Article 13. In so far as the adoption of specific measures is required, such measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3). 3. Where appropriate, relevant non-governmental organisations, active in the field of safety and management of road infrastructures, may be consulted on matters related to technical safety aspects. Article 12 Adaptation to technical progress The Annexes to this Directive shall be adapted to take account of technical progress in accordance with the regulatory procedure with scrutiny referred to in Article 13(3). Article 13 Committee procedure 1. The Commission shall be assisted by a Committee. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. Article 14 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 19 December 2010. They shall forthwith communicate to the Commission the text of those provisions. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 15 Entry into force This Directive shall enter into force on the 20th day following the day of its publication in the Official Journal of the European Union. Article 16 Addressees This Directive is addressed to the Member States. Done at Strasbourg, 19 November 2008. For the European Parliament The President H.-G. PÖTTERING For the Council The President J.-P. JOUYET (1) OJ C 168, 20.7.2007, p. 71. (2) Opinion of the European Parliament of 19 June 2008 (not yet published in the Official Journal), and Council Decision of 20 October 2008. (3) OJ L 228, 9.9.1996, p. 1. (4) OJ L 167, 30.4.2004, p. 39. (5) OJ L 184, 17.7.1999, p. 23. (6) OJ C 321, 31.12.2003, p. 1. ANNEX I ROAD SAFETY IMPACT ASSESSMENT FOR INFRASTRUCTURE PROJECTS 1. Elements of a road safety impact assessment: (a) problem definition; (b) current situation and ‘do nothing’ scenario; (c) road safety objectives; (d) analysis of impacts on road safety of the proposed alternatives; (e) comparison of the alternatives, including cost-benefit analysis; (f) presentation of the range of possible solutions. 2. Elements to be taken into account: (a) fatalities and accidents, reduction targets against ‘do nothing’ scenario; (b) route choice and traffic patterns; (c) possible effects on the existing networks (e.g. exits, intersections, level crossings); (d) road users, including vulnerable users (e.g. pedestrians, cyclists, motorcyclists); (e) traffic (e.g. traffic volume, traffic categorisation by type); (f) seasonal and climatic conditions; (g) presence of a sufficient number of safe parking areas; (h) seismic activity. ANNEX II ROAD SAFETY AUDITS FOR INFRASTRUCTURE PROJECTS 1. Criteria at the draft design stage: (a) geographical location (e.g. exposure to landslides, flooding, avalanches), seasonal and climatic conditions and seismic activity; (b) types of and distance between junctions; (c) number and type of lanes; (d) kinds of traffic admissible to the new road; (e) functionality of the road in the network; (f) meteorological conditions; (g) driving speeds; (h) cross-sections (e.g. width of carriageway, cycle tracks, foot paths); (i) horizontal and vertical alignments; (j) visibility; (k) junctions layout; (l) public transport and infrastructures; (m) road/rail level crossings. 2. Criteria for the detailed design stage: (a) layout; (b) coherent road signs and markings; (c) lighting of lit roads and intersections; (d) roadside equipment; (e) roadside environment including vegetation; (f) fixed obstacles at the roadside; (g) provision of safe parking areas; (h) vulnerable road users (e.g. pedestrians, cyclists, motorcyclists); (i) user-friendly adaptation of road restraint systems (central reservations and crash barriers to prevent hazards to vulnerable users). 3. Criteria for the pre-opening stage: (a) safety of road users and visibility under different conditions such as darkness and under normal weather conditions; (b) readability of road signs and markings; (c) condition of pavements. 4. Criteria for early operation: assessment of road safety in the light of actual behaviour of users. Audits at any stage may involve the need to reconsider criteria from previous stages. ANNEX III RANKING OF HIGH ACCIDENT CONCENTRATION SECTIONS AND NETWORK SAFETY RANKING 1. Identification of road sections with a high accident concentration The identification of road sections with a high accident concentration takes into account at least the number of fatal accidents that have occurred in previous years per unit of road length in relation to the volume of traffic and, in case of intersections, the number of such accidents per location of intersections. 2. Identification of sections for analysis in network safety ranking The identification of sections for analysis in network safety ranking takes into account their potential savings in accident costs. Road sections shall be classified into categories. For each category of roads, road sections shall be analysed and ranked according to safety-related factors, such as accidents concentration, traffic volume and traffic typology. For each road category, network safety ranking shall result in a priority list of road sections where an improvement of the infrastructure is expected to be highly effective. 3. Elements of evaluation for expert teams’ site visits: (a) a description of the road section; (b) a reference to possible previous reports on the same road section; (c) the analysis of possible accident reports; (d) the number of accidents, of fatalities and of severely injured persons in the three previous years; (e) a set of potential remedial measures for realisation within different timescales considering for example: — removing or protecting fixed roadside obstacles, — reducing speed limits and intensifying local speed enforcement, — improving visibility under different weather and light conditions, — improving safety condition of roadside equipment such as road restraint systems, — improving coherence, visibility, readability and position of road markings (incl. application of rumble strips), signs and signals, — protecting against rocks falling, landslips and avalanches, — improving grip/roughness of pavements, — redesigning road restraint systems, — providing and improving median protection, — changing the overtaking layout, — improving junctions, including road/rail level crossings, — changing the alignment, — changing width of road, adding hard shoulders, — installing traffic management and control systems, — reducing potential conflict with vulnerable road users, — upgrading the road to current design standards, — restoring or replacing pavements, — using intelligent road signs, — improving intelligent transport systems and telematics services for interoperability, emergency and signage purposes. ANNEX IV ACCIDENT INFORMATION CONTAINED IN ACCIDENT REPORTS Accident reports include the following elements: 1. precise as possible location of the accident; 2. pictures and/or diagrams of the accident site; 3. date and hour of accident; 4. information on the road such as area type, road type, junction type incl. signalling, number of lanes, markings, road surface, lighting and weather conditions, speed limit, roadside obstacles; 5. accident severity, including number of fatalities and injured persons, if possible according to common criteria to be defined in accordance with the regulatory procedure with scrutiny referred to in Article 13(3); 6. characteristics of the persons involved such as age, sex, nationality, alcohol level, use of safety equipment or not; 7. data on the vehicles involved (type, age, country, safety equipment if any, date of last periodical technical check according to applicable legislation); 8. accident data such as accident type, collision type, vehicle and driver manoeuvre; 9. whenever possible, information on the time elapsed between the time of the accident and the recording of the accident, or the arrival of the emergency services.

Summary: Road infrastructure safety management Road infrastructure safety management SUMMARY OF: Directive 2008/96/EC on road infrastructure safety management WHAT IS THE AIM OF THE DIRECTIVE? It aims to reduce road deaths and serious injuries on EU road networks by making road infrastructure safer. KEY POINTS Directive 2008/96/EC was amended by Directive (EU) 2019/1936 as part of the European Commission’s third ‘Europe on the Move’ package. As amended, the directive requires EU countries to set up and implement procedures relating to: road safety impact assessments; road safety audits; road safety inspection; network-wide road safety assessments; exchange of best practices and their continuous improvement. Scope The amended directive has an extended scope. It applies to: roads which are part of the trans-European road network, to motorways and to other primary roads, whether they are at the design stage, under construction or in operation; other roads situated outside urban areas, which do not serve properties bordering on them, and which are completed using EU funding, except for roads not open to, or not designed for, general traffic. Road safety assessment EU countries must carry out a network-wide road safety assessment, by 2024 at the latest and every 5 years subsequently, on the entire road network in operation covered by the directive. These assessments must assess accident and impact severity risk, based on: a visual examination, either on site or by electronic means, of the design characteristics of the road; andan analysis of sections of the road network which have been in operation for more than 3 years and where there have been a large number of serious accidents in proportion to the traffic flow. Assessment findings must be followed up by targeted road safety inspections or, if necessary, remedial action. Periodic road safety inspections must also be made, frequently enough to maintain adequate safety levels for the road infrastructure in question. The specific needs of vulnerable road users such as cyclists and pedestrians must be considered systematically in all road safety management procedures. Safety assessments must be published to highlight the safety level of road infrastructures across the EU. Road markings and road signs Existing and future procedures for road markings and road signs must focus on readability and detectability for human drivers and automated driver assistance systems. An assessment by a group of experts established by the Commission must, by June 2021, assess the opportunity to set common rules taking into account: the interaction between various driver assistance technologies and infrastructure;the effect of the weather and atmospheric phenomena as well as traffic on road markings and road signs present on EU territory;the type and frequency of maintenance efforts necessary for various technologies, including an estimate of costs. Information and transparency EU countries must notify the Commission of all the motorways and primary roads on their networks, as well as those roads exempt because they have a proven low safety risk, by 17 December 2021. The Commission must publish a map of the European road network within the scope of the directive, accessible online, highlighting different categories according to their level of safety. FROM WHEN DOES THE DIRECTIVE APPLY? Directive 2008/96/EU has applied since 19 December 2008 and had to become law in the EU countries by 19 December 2010. Amending Directive (EU) 2019/1936 has applied since 16 December 2019 and has to become law in the EU countries by 17 December 2021. BACKGROUND For further information see: Road safety — infrastructure (European Commission). MAIN DOCUMENT Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management (OJ L 319, 29.11.2008, pp. 59-67) Successive amendments to Directive 2008/96/EC have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, pp. 1-128) See consolidated version. last update 04.03.2020