EUR-Lex - 32000Y0731(02) - EN Avis juridique important | 32000Y0731(02) Resolution of the Council and of the Ministers for Employment and Social Policy, meeting within the Council of 29 June 2000 on the balanced participation of women and men in family and working life Official Journal C 218 , 31/07/2000 P. 0005 - 0007 Resolution of the Council and of the Ministers for Employment and Social Policy, meeting within the Councilof 29 June 2000on the balanced participation of women and men in family and working life(2000/C 218/02)THE COUNCIL OF THE EUROPEAN UNION AND THE MINISTERS FOR EMPLOYMENT AND SOCIAL POLICY, MEETING WITHIN THE COUNCIL,Whereas:(1) The Treaty of Amsterdam lays down that the Community shall have as its task the promotion of equality between men and women, and to this end creates new possibilities for Community action, in particular in Articles 2, 3, 137 and 141 of the Treaty establishing the European Community.(2) The principle of equality between men and women makes it essential to offset the disadvantage faced by women with regard to conditions for access to and participation in the labour market and the disadvantage faced by men with regard to participating in family life, arising from social practices which still presuppose that women are chiefly responsible for unpaid work related to looking after a family and men chiefly responsible for paid work derived from an economic activity.(3) The principle of equality between men and women in relation to employment and labour implies equal sharing between working fathers and mothers, in particular of time off work to look after children or other dependants.(4) The balanced participation of women and of men in both the labour market and in family life which is an advantage to both men and women is an essential aspect of the development of society, and maternity, paternity and the rights of children are eminent social values to be protected by society, the Member States and the European Community.(5) Both men and women, without discrimination on the grounds of sex, have a right to reconcile family and working life.(6) There is a significant acquis communautaire, as well as other relevant initiatives in the European Union context, to be taken into account in the field of the reconciliation of family and working life.(7) Council Decision 2000/228/EC of 13 March 2000 on Guidelines for Member States' employment policies for the year 2000(1) provides for strengthening policies for equal opportunities for men and women, paying particular attention to the need to introduce measures for reconciling working and family life. This Decision underlines the importance for men and women of policies on career breaks, parental leave and part-time work, as well as flexible working arrangements which serve the interests of both employers and employees, while maintaining the necessary balance between flexibility and safety.(8) The Lisbon European Council of 23 and 24 March 2000 recognised the importance of furthering all aspects of equal opportunities, including reducing occupational segregation, and making it easier to reconcile working life and family life, and considered that one of the overall aims of active employment policies should be to increase the number of women in employment to more than 60 % by 2010.(9) There is a range of international instruments and agreements relating to the reconciling of working and family life, in particular in the context of the United Nations, the Council of Europe and the International Labour Organisation.And bearing in mind that:(10) In the light of Article 141(3) of the Treaty establishing the European Community, it is important to protect both male and female workers exercising rights relating to paternity, maternity or to the reconciling of working and family life.(11) The beginning of the twenty-first century is a symbolic moment to give shape to the new social contract on gender, in which the de facto equality of men and women in the public and private domains will be socially accepted as a condition for democracy, a prerequisite for citizenship and a guarantee of individual autonomy and freedom, and will be reflected in all European Union policies,1. DECLARE THAT:(a) the objective of balanced participation of men and women in family and working life, coupled with the objective of balanced participation of men and women in the decision-making process, constitute two particularly relevant conditions for equality between men and women;(b) there is a need for a global and integrated approach for reconciling family and working life as a right for men and women, a means of personal fulfillment in public, social, family and private life, an eminent social value, as the responsibility of society, the Member States and the European Community;(c) it is necessary to make every effort and to promote specific measures, as well as the respective accompanying and evaluation measures, in particular by means of appropriate indicators, to bring about the changes in structures and attitudes which are essential for the balanced participation of men and women in the family and at work;(d) it is necessary to promote measures to improve the quality of life for all, in respect and in active solidarity between men and women vis-à-vis both future and older generations.2. ENCOURAGE Member States to:(a) reinforce in their Government programmes the promotion of balanced participation of men and women in family and working life as one of the basic conditions for de facto equality, indicating the concrete measures to be adopted, both horizontal and specific;(b) develop global and integrated strategies aimed at bringing about the balanced participation of men and women in family and working life, considering the measures enumerated below, without prejudice to the best practices applied in the different Member States:(i) examining the scope for the respective legal systems to grant working men an individual and untransferable right to paternity leave, subsequent upon the birth or adoption of a child, maintaining their rights relating to employment to be taken at the same time as the mother takes maternity leave irrespective of the length of the periods of maternity and paternity leave;(ii) examining the scope for the respective legal systems to grant working men rights likely to provide major support for family life with a view to cementing equality;(iii) reinforcing measures to encourage a balanced sharing between working men and women of the care to be provided for children, elderly, disabled or other dependent persons;(iv) reinforcing measures to encourage the development of support services for families and laying down criteria for examining results as regards the improvement of child-care structures;(v) granting, where appropriate, specific protection to single-parent families;(vi) examining the possibility of harmonising school and working hours;(vii) examining the possibility of developing school programmes supporting an awareness of the needs related to reconciling working and family life as a precondition for the equality of men and women;(viii) regularly compiling and publishing a report containing figures on the participation of women and men in the labour market and of men and women in family life, as well as on the use by women and men of maternity, paternity and parental leave, and their respective effects on the situation of men and women in the labour market, in order to acquire accurate knowledge of the factual situation and to promote public awareness in this area;(ix) providing support for scientific research in this area so as to enable the development of new ideas and concepts;(x) developing incentives and support measures for non-governmental organisations which are actively committed to the objective set out in this resolution;(xi) devising, launching and promoting information and awareness campaigns at regular intervals, designed to develop more progressive outlooks as regards both the general public and specific target groups;(xii) encouraging businesses, in particular small and medium-sized enterprises, to introduce and extend management practices which take account of their workers' family life.3. CALL UPON the institutions and bodies of the European Community:(a) to implement measures, in their capacity as employers and on the basis of a review, promoting the balanced recruitment and career advancement of men and women with a view to preventing the horizontal and vertical segregation of the labour market;(b) to evaluate the results thereof periodically and have them published.4. CALL ON the Commission:(a) notably within the framework of Community initiative programmes, to step up its information and awareness effort and its efforts to promote research and to introduce pilot schemes to implement the balanced participation of men and women in family and working life;(b) to take account of this resolution in its fifth action programme on equal opportunities for men and women, notably placing emphasis on equality of family responsibilities of men and women in the context of its strategic objectives and giving sufficient prominence to measures to promote the balanced participation of men and women in working and family life;(c) to propose, in the light of the new requirements laid down in Article 2, 3, 137(1) and 141(3) of the Treaty establishing the European Community and taking into account the aforementioned fifth action programme, new forms of balanced participation of women and men both in working and family life;(d) to work towards developing dialogue between the social partners at European level, whilst respecting their autonomy, with a view to the promotion of equality between men and women by reconciling family and working life;(e) to ensure that the Member States are kept informed regularly on progress made in this area.5. CALL on employers in the public and private sectors, workers and the social partners at national and European level:(a) to step up their efforts to ensure balanced participation of men and women in family and working life, notably through the organisation of working time and the abolition of conditions which lead to wage differentials between men and women;(b) in particular the social partners to endeavour to find solutions which encourage the balanced participation of men and women in working life.6. UNDERTAKE TO conduct regular discussions on the topics covered by this resolution in a parallel framework to the topic of balanced participation of men and women in the decision-making process.(1) OJ L 72, 21.3.2000, p. 15.

Summary: Balanced participation of women and men in family and working life Balanced participation of women and men in family and working life The Council encourages Member States to define strategies aiming to promote balanced participation of women and men in family and working life. ACT Resolution of the Council and of the Ministers for Employment and Social Policy, meeting within the Council of 29 June 2000, on the balanced participation of women and men in family and working life [Official Journal C 218 of 31.7.2000]. SUMMARY This resolution follows on from the Lisbon European Council (23-24 March 2000), which recognised the importance of furthering all aspects of equal opportunities, including making it easier to reconcile working and family life. The principle of equality between men and women makes it essential to offset the disadvantage faced by women with regard to conditions for access to and participation in the labour market and the disadvantage faced by men with regard to participating in family life. These gender-based disadvantages result from predetermined social models that tend to presuppose that women are chiefly responsible for unpaid work related to looking after a family. On the other hand, paid work derived from an economic activity tends to be seen to be mainly the responsibility of men. The balanced participation of women and men on the labour market and in family life is essential to the development of society. Maternity, paternity and the rights of children are essential values that need to be safeguarded by society, the Member States and the European Community. The objective of balanced participation of men and women in family and working life, coupled with the objective of balanced participation of men and women in the decision-making process, constitute two particularly relevant conditions for equal opportunities. The Member States are encouraged to develop global, integrated strategies that take account of the following aspects: examine the scope for granting working men a right to paternity leave, maintaining their rights relating to employment, and rights likely to allow them to provide major support for family life; reinforce measures to encourage balanced sharing between working men and women of the care to be provided for children, elderly, disabled or other dependent persons; reinforce measures to encourage the development of support services for families, especially the improvement of child-care structures; grant, where appropriate, specific protection to single-parent families; examine the possibility of harmonising school and working hours (by organising school programmes); develop incentives and support measures for non-governmental organisations committed to promoting equal opportunities; devise, launch and promote information and awareness campaigns to develop more progressive outlooks among both the general public and specific target groups; encourage businesses, in particular small and medium-sized enterprises, to introduce and develop management practices that take account of their workers’ family life. As employers, the institutions and bodies of the European Community are called on to implement measures to promote the balanced recruitment and career advancement of men and women and to evaluate the results thereof periodically and to have them published. The Commission is called on to take into consideration the conclusions of the new Community framework strategy on equality between women and men. Within the framework of Community programmes, it is also called on to step up its information and awareness effort and its efforts to promote research and to introduce pilot schemes to implement the balanced participation of men and women in family and working life. It is also encouraged to take account of this resolution in its fifth action programme ifth action programme on equal opportunities for men and women. This will involve placing emphasis on equality of family responsibilities of men and women in the strategic objectives of the programme and giving sufficient prominence to measures to promote the balanced participation of men and women in working and family life. At national and European level, employers in the public and private sectors, workers and the social partners are called on to step up their efforts to ensure balanced participation of men and women in family and working life, notably through the organisation of working time and the abolition of conditions which lead to wage differentials between men and women. Context The reconciliation of family and working life was the priority topic in the calls for proposals launched under the fifth Community action programme on equal opportunities for men and women. Improved reconciliation of family and working life is one of the guidelines of the European Employment Strategy and is included in the common objectives of the European social inclusion process (combating of poverty and social exclusion). RELATED ACTS Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 3 October 2008 – A better work-life balance: stronger support for reconciling professional, private and family life [COM(2008) 635 – Not published in the Official Journal]. This communication analyses the policies and measures taken on national and Community levels to help citizens to balance their professional and family lives. It presents the measures of the “reconciliation package”. The reconciliation of these two aspects by European citizens may indeed have an impact on European strategies for growth and jobs, social inclusion and gender equality. It may also have a positive influence on birth rates. The Commission is presenting two new legislative proposals, corresponding to the objectives of the Renewed Social Agenda. In particular with regard to the revision of measures concerning family-related leave (such as maternity leave, Directive 92/8/EEC) and equal treatment of self-employed workers and their assisting spouses (Directive 86/613/EEC). Moreover, the “reconciliation package” also contains a report on the implementation by Member States of targets in terms of childcare services. In addition, the Commission must encourage the exchange of experience and good practices in these domains, as wells as statistics on a Europe-wide basis. It supports the co-financing initiatives of the Cohesion Policy and in particular the European Social Fund (ESF). Last updated: 19.01.2009


EUR-Lex - 32000D0407 - EN Avis juridique important | 32000D0407 2000/407/EC: Commission Decision of 19 June 2000 relating to gender balance within the committees and expert groups established by it (notified under document number C(2000) 1600) Official Journal L 154 , 27/06/2000 P. 0034 - 0035 Commission Decisionof 19 June 2000relating to gender balance within the committees and expert groups established by it(notified under document number C(2000) 1600)(2000/407/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) According to Article 2 of the Treaty, equality between men and women is one of the tasks to be promoted by the Community.(2) According to Article 3 of the Treaty, in all its activities the Community shall aim to eliminate inequalities, and to promote equality, between men and women.(3) Despite Council Recommendation 96/694/EC of 2 December 1996 on the balanced participation of women and men in the decision-making process(1), women are still under-represented in decision-making bodies, including those established by the Commission(2).(4) The European Parliament's Resolution of 11 February 1994 on women in decision-making called on the European Union Member States to take specific action in the field and was followed by a Council Resolution of 27 March 1995 on the balanced participation of women and men in decision-making.(5) Equality between women and men is essential to human dignity and democracy, and constitutes a fundamental principle of Community law, of the constitutions and laws of the Members States, and of international and European conventions.(6) The Commission has adopted a policy of gender mainstreaming and the incorporation of equal opportunities for women and men in all Community activities and policies.(7) At the United Nations Fourth World Conference on Women (Beijing 1995) the European Community committed itself to promoting women in decision-making.(8) The Council of Europe, in its Recommendation 1413 of 1999 recommends that its Member States achieve equal representation of women and men in public and private life.(9) At the EU Paris Conference of 17 April 1999 on women and men in power called on the Member States to promote the observance of equality between women and men as regards appointments to decision-making bodies.(10) It is appropriate to adopt specific measures to promote the balanced participation of women and men in the decision-making process with the aim of bringing about equality of opportunity between women and men.(11) The Commission has already committed itself to reach a percentage of 40 % of women in all committees and panels in the field of research(3). This aim schall be pursued in other fields, within the expert groups and committees established by the Commission.(12) This decision shall not apply to any committees falling within the scope of the Council Decision 1999/468/EC of 28 June 1999 on the procedures for the excercise of implementing powers conferred on the Commission(4),DECIDES:Article 1This decision applies to expert groups and committes established by the Commission. It covers newly created expert groups and committees as well as existing ones.Article 2The Commission commits itself to creating a gender balance in expert groups and committees established by it. The aim in the medium term is to reach at least 40 % of members of one sex in each expert group and committee.For expert groups and committees already in existence, the Commission will aim to redress the gender balance upon each replacement of a member and when the term of a member of an expert group or committee comes to an end.Article 3Three years after the adoption of the present Decision the Commission shall review its implementation and publish a report, which shall include statistical analysis of the gender balance in expert groups and committees. Depending on the results of this review the Commission shall, at the time, take whatever action is appropriate.Done at Brussels, 19 June 2000.For the CommissionAnna DiamantopoulouMember of the Commission(1) OJ L 319, 10.12.1996, p. 11.(2) COM(2000)120 final.(3) COM(1999)76 final.(4) OJ L 184, 17.7.1999, p. 23.

Summary: Gender balance within the committees and expert groups set up by the Commission Gender balance within the committees and expert groups set up by the Commission 1) OBJECTIVE To achieve equal representation of women and men in the expert groups and committees set up by the Commission. 2) ACT Commission Decision 2000/407/EC of 19 June 2000 relating to gender balance within the committees and expert groups established by it [Official Journal L 154 of 27.06.2000]. 3) SUMMARY Equality between women and men is essential to human dignity and democracy. It constitutes a fundamental principle of Community law, of the constitutions and laws of the Members States, and of international and European conventions. The European Union (EU) has committed itself to an active policy of gender mainstreaming for women and men in all Community activities and policies. The Community framework strategy on gender equality (2001-2005), adopted in June 2000, reaffirms this commitment and the EU's intention to reduce and ultimately eliminate inequalities between the sexes. At the United Nations Fourth World Conference on Women (Beijing 1995), the European Community committed itself to promoting women in decision-making. However, despite the Council Recommendation of 2 December 1996 on the balanced participation of women and men in the decision-making process, women are still under-represented in decision-making bodies, including those established by the Commission. For this reason, the Commission commits itself in this Decision to creating a gender balance in expert groups and committees established by it. The aim in the medium term is to ensure that there are at least 40% of members of each sex in every expert group and committee. For expert groups and committees already in existence, the Commission will aim to redress the gender balance upon each replacement of a member and when the term of a member of an expert group or committee comes to an end. Three years after the adoption of the present Decision the Commission shall review its implementation and publish a report, which shall include statistical analysis of the gender balance in expert groups and committees. Depending on the results of this review the Commission shall, at that time, take whatever action is appropriate. Act Dateof entry into force Decision 2000/407/EC 27.06.2000 4) implementing measures 5) follow-up work Annual Commission Report of 5 March 2003 on Equal Opportunities for Women and Men in the European Union 2002 [COM(2003) 98 final - Not published in the Official Journal]; Annual Commission Report of 28 May 2002 on Equal Opportunities for Women and Men in the European Union 2001 [COM(2002) 258 final - Not published in the Official Journal]; Annual Commission Report of 2 April 2001 on Equal Opportunities for Women and Men in the European Union 2000 [COM(2001) 179 final - Not published in the Official Journal]; Council Decision 2001/51/EC of 20 December 2000 establishing a Programme relating to the Community framework strategy on gender equality (2001-2005) [Official Journal L17 of 19.01.2001]; Communication from the Commission of 7 July 2000 on the Commission Decision relating to a gender balance within the committees and expert groups established by it [Official Journal C 203 of 18.07.2000]; Communication from the Commission of 7 June 2000 - "Towards a community framework strategy on gender equality" [COM(2000) 335 final - Not published in the Official Journal]. Last updated: 28.06.2006


EUR-Lex - 31996L0008 - EN Avis juridique important | 31996L0008 Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction (Text with EEA relevance) Official Journal L 055 , 06/03/1996 P. 0022 - 0026 COMMISSION DIRECTIVE 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (1), and in particular Article 4 thereof,Whereas the Community measures envisaged by this Directive do not exceed what is necessary for the attainment of the objectives already provided for by Directive 89/398/EEC;Whereas the products covered by this Directive are varied and are generally distinguished as those intended to replace the whole of the daily diet and those intended to replace part of the daily diet;Whereas the composition of such products should be such as to fulfil the daily nutritional requirements for essential nutrients, such as to provide a significant part of those requirements, as the case may be, of the persons for whom they are intended;Whereas a number of products have been recently developed to be used as a replacement for snacks and to supply certain quantities of selected essential macronutrients and micronutrients; whereas the essential composition of those products will be adopted at a later date;Whereas, in addition, the energy provided by the products covered by this Directive must be restricted;Whereas the energy content of some products intended to replace the whole of the daily diet is very low; whereas specific rules for these very low energy products will be adopted at a later date;Whereas this Directive reflects current knowledge about these products; whereas any modification to allow innovation based on scientific and technical progress will be decided by the procedure laid down in Article 13 of Directive 89/398/EEC;Whereas pursuant to Article 4 (2) of Directive 89/398/EEC, the provisions relating to the substances with specific nutritional purposes to be used in the manufacture of the products should be laid down in a separate Commission Directive;Whereas the provisions relating to the use of additives in the manufacture of the products should be laid down in the relevant Council Directives;Whereas pursuant to Article 7 of Directive 89/398/EEC, the products covered by this Directive are subject to the general rules laid down by Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (2), as last amended by Commission Directive 93/102/EC (3); whereas this Directive adopts and expands upon the additions and exceptions to those general rules, where it is appropriate;Whereas, in particular, the nature and destination of the products covered by this Directive require nutritional labelling for the energy value and principal nutrients they contain;Whereas the Scientific Committee for Food, in accordance with Article 4 of Directive 89/398/EEC, has been consulted on the provisions liable to affect public health;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,HAS ADOPTED THIS DIRECTIVE:Article 1 1. This Directive is a 'specific Directive` within the meaning of Article 4 of Directive 89/398/EEC and lays down compositional and labelling requirements for foods for particular nutritional uses intended for use in energy restricted diets for weight reduction and presented as such.2. Foods for use in energy-restricted diets for weight reduction are specially formulated foods which, when used as instructed by the manufacturer, replace the whole or part of the total daily diet. They are divided in two categories:(a) products presented as a replacement for the whole of the daily diet;(b) products presented as a replacement for one or more meals of the daily diet.Article 2 Member States shall ensure that the products referred to in Article 1 may be marketed within the Community only if they conform to the rules laid down in this Directive.Article 3 Foods covered by this Directive shall comply with the compositional criteria specified in Annex 1.Article 4 All individual components making up the products referred to in point (a) of Article 1 (2), as sold, shall be contained in the same package.Article 5 1. The name under which the product is sold shall be:(a) for products covered by point (a) of Article 1 (2),'Total diet replacement for weight control`;(b) for products covered by point (b) of Article 1 (2),'Meal replacement for weight control`.2. The labelling of the products concerned shall bear, in addition to those provided for in Article 3 of Council Directive 79/112/EEC, the following mandatory particulars:(a) the available energy value expressed in kJ and kcal, and the content of proteins, carbohydrates and fat, expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption;(b) the average quantity of each mineral and each vitamin for which mandatory requirements are stipulated in paragraph 5 of Annex 1, expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption. In addition, for products mentioned in point (b) of Article 1 (2), information on vitamins and minerals listed in the Table of point 5 of Annex I shall also be expressed as a percentage of the values as defined in the Annex to Council Directive 90/496/EEC (4);(c) instructions for appropriate preparation, when necessary and a statement as to the importance of following those instructions;(d) if a product, when used as instructed by the manufacturer, provides a daily intake of polyols in excess of 20 g per day, there shall be a statement to the effect that the food may have a laxative effect;(e) a statement on the importance of maintaining an adequate daily fluid intake;(f) for products mentioned in point (a) of Article 1 (2):(i) a statement that the product provides adequate amounts of all essential nutrients for the day;(ii) a statement that the product should not be used for more than three weeks without medical advice;(g) for products mentioned in point (b) of Article 1 (2), a statement to the effect that the products are useful for the intended use only as part of an energy-restricted diet and that other foodstuffs should be a necessary part of such diet.3. The labelling, advertising and presentation of the products concerned shall not make any reference to the rate or amount of weight loss which may result from their use or to a reduction in the sense of hunger or an increase in the sense of satiety.Article 6 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 September 1997. They shall forthwith inform the Commission thereof.Those laws, regulations and administrative provisions shall be applied in such a way as to:- permit trade in products complying with this Directive, by 1 October 1997,- prohibit trade in products which do not comply with this Directive, with effect from 31 March 1999.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.Article 7 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 8 This Directive is addressed to the Member States.Done at Brussels, 26 February 1996.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ No L 186, 30. 6. 1989, p. 27.(2) OJ No L 33, 8. 2. 1979, p. 1.(3) OJ No L 291, 29. 11. 1993, p. 14.(4) OJ No L 276, 6. 10. 1990, p. 40.ANNEX I ESSENTIAL COMPOSITION OF FOODS FOR ENERGY RESTRICTED DIETS The specifications refer to the products ready for use, marketed as such or reconstituted as instructed by the manufacturer.1. Energy 1.1. The energy provided by a product mentioned in Article 1 (2) (a) shall not be less than 3 360 kJ (800 kcal) and shall not exceed 5 040 kJ (1 200 kcal) for the total daily ration.1.2. The energy provided by a product mentioned in Article 1 (2) (b) shall not be less than 840 kJ (200 kcal) and shall not exceed 1 680 kJ (400 kcal) per meal.2. Protein 2.1. The protein contained in products mentioned in Article 1 (2) (a) and (b) shall provide not less than 25 % and not more than 50 % of the total energy of the product. In any case the amount of protein of products mentioned in Article 1 (2) (a) shall not exceed 125 g.2.2. The abovementioned provisions on protein refer to a protein the chemical index of which is equal to that of the FAO/WHO (1985) reference protein given in Annex 2. If the chemical index is lower than 100 % of the reference protein, the minimum protein levels shall be correspondingly increased. In any case the chemical index of the protein shall at least be equal to 80 % of that of the reference protein.2.3. The 'chemical index` shall mean the lowest of the ratios between the quantity of each essential amino acid of the test protein in and the quantity of each corresponding amino acid of the reference protein.2.4. In all cases, the addition of amino acids is permitted solely for the purpose of improving the nutritional value of the proteins, and only in the proportions necessary for that purpose.3. Fat 3.1. The energy derived from fat shall not exceed 30 % of the total available energy of the product.3.2. For products mentioned in Article 1 (2) (a), the linoleic acid (in the form of glycerides) shall not be less than 4,5 g.3.3. For products mentioned in Article 1 (2) (b), the linoleic acid (in the form of glycerides) shall not be less than 1 g.4. Dietary fibre The dietary fibre content of products mentioned in Article 1 (2) (a) shall not be less than 10 g and shall not exceed 30 g for the daily ration.5. Vitamins and minerals 5.1. The products mentioned in Article 1 (2) (a) shall provide for the whole of the daily diet at least:100 % of the amounts of vitamins and minerals specified in Table 1.5.2. The products mentioned in Article 1 (2) (b) shall provide at least 30 % of the amounts of vitamins and minerals specified in the Table per meal; however, the amount of potassium per meal provided by these products shall be at least 500 mg.>TABLE>ANNEX II >TABLE>

Summary: Food used for weight reduction Food used for weight reduction This Directive lays down compositional and labelling requirements for foods for particular nutritional uses intended for use in energy restricted diets for weight reduction. ACT Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction. SUMMARY This Directive is a 'specific Directive' within the meaning of Article 4 of Directive 89/398/EEC and lays down compositional and labelling requirements for foods for particular nutritional uses which are intended for use in energy-restricted diets for weight reduction and are presented as such. Foods for use in energy-restricted diets for weight reduction are specially formulated foods which, when used as instructed by the manufacturer, replace the whole or part of the total daily diet. They are divided in two categories: products presented as a replacement for the whole of the daily diet; products presented as a replacement for one or more meals of the daily diet. Member States shall ensure that the products listed below may be marketed within the Community only if they conform to the rules laid down in this Directive. Foods covered by this Directive shall comply with the compositional criteria specified in Annex 1. The name under which the product is sold shall be: for products presented as a replacement for the whole of the daily diet: 'Total diet replacement for weight control'; for products presented as a replacement for one or more meals of the daily diet: 'Meal replacement for weight control'. The labelling of the products concerned shall bear, in addition to those provided for in Article 3 of Council Directive 79/112/EEC, the following mandatory particulars: the available energy value expressed in kJ and kcal, and the content of proteins, carbohydrates and fat, expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption; the average quantity of each mineral and each vitamin for which mandatory requirements are stipulated in paragraph 5 of Annex 1, expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption. In addition, for products presented as a replacement for one or more meals of the daily diet, information on vitamins and minerals listed in the Table of point 5 of Annex I shall also be expressed as a percentage of the values as defined in the Annex to Council Directive 90/496/EEC (4); instructions for appropriate preparation, where necessary, and a statement as to the importance of following those instructions; if a product, when used as instructed by the manufacturer, provides a daily intake of polyols in excess of 20 g per day, there shall be a statement to the effect that the food may have a laxative effect; a statement on the importance of maintaining an adequate daily fluid intake; for products presented as a replacement for the whole of the daily diet:- a statement that the product provides adequate amounts of all essential nutrients for the day;- a statement that the product should not be used for more than three weeks without medical advice; for products presented as a replacement for one or more meals of the daily diet: a statement to the effect that the products are useful for the intended use only as part of an energy-restricted diet and that other foodstuffs should be a necessary part of such diet. The labelling, advertising and presentation of the products concerned shall not make any reference to the rate or amount of weight loss which may result from their use. References Act Entry into force - Date of expiry Deadline for transposition in the Member States Official Journal Directive 96/8/EC 17.03.1997 30.09.199701.10.1997 (Authorisation of trade in products complying with this Directive)31.03.1999 (Prohibition of trade in products which do not comply with this Directive) OJ L 55 of 6.3.1996 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Directive 2007/29/EC 20.6.2007 30.11.2007 OJ L 139 of 31.5.2007 See also For further information, visit the website of DG Health and Consumer Protection. Last updated: 09.08.2007


EUR-Lex - 31996Y0919(05) - EN Avis juridique important | 31996Y0919(05) Council Resolution of 20 June 1995 on minimum guarantees for asylum procedures Official Journal C 274 , 19/09/1996 P. 0013 - 0017 ANNEX I.4COUNCIL RESOLUTION of 20 June 1995 on minimum guarantees for asylum procedures THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article K.1 thereof, Determined, in keeping with the common humanitarian tradition of the Member States, to guarantee adequate protection to refugees in need of such protection in accordance with the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as amended by the New York Protocol of 31 January 1967, Recalling the Member States' commitments under the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, Noting that, under national legislation, Member States may exceptionally allow aliens to stay for compelling reasons other than those covered by the 1951 Geneva Convention, Affirming the intention of Member States to apply the Dublin Convention of 15 June 1990 determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities, Convinced that this requires decisions on asylum applications to be taken on the basis of equivalent procedures in all Member States and common procedural guarantees to be adopted for asylum-seekers to that end, taking into account the conclusions of the Executive Committee of the United Nations High Commissioner for Refugees (UNHCR) and Recommendation R (81) 16 of the Committee of Ministers of the Council of Europe, HEREBY ADOPTS THIS RESOLUTION: I. The guarantees provided for in this resolution will apply to the examination of asylum applications within the meaning of Article 3 of the Dublin Convention, with the exception of procedures to determine the Member State responsible under the said Convention. The specific guarantees applicable to those procedures will be determined by the Executive Committee set up by the Dublin Convention. II. Universal principles concerning fair and effective asylum procedure 1. Asylum procedures will be applied in full compliance with the 1951 Geneva Convention, and the 1967 New York Protocol relating to the Status of Refugees and other obligations under international law in respect of refugees and human rights. In particular, the procedures will comply fully with Article 1 of the 1951 Convention concerning the definition of a refugee, Article 33 relating to the principle of 'non-refoulement` and Article 35 concerning cooperation with the Office of the UNHCR, including the facilitation of its duty of supervising the application of the Convention. 2. In order to ensure effectively the principle of 'non-refoulement`, no expulsion measure will be carried out as long as no decision has been taken on the asylum application. III. Guarantees concerning the examination of asylum applications 3. The regulations on access to the asylum procedure, the basic features of the asylum procedure itself and the designation of the authorities responsible for examination of asylum applications are to be laid down in the individual Member State's legislation. 4. Asylum applications will be examined by an authority fully qualified in the field of asylum and refugee matters. Decisions will be taken independently in the sense that all asylum applications will be examined and decided upon individually, objectively and impartially. 5. When examining an application for asylum the competent authority must, of its own initiative take into consideration and seek to establish all the relevant facts and give the applicant the opportunity to present a substantial description of the circumstances of the case and to prove them. For his part the applicant must present all the facts and circumstances known to him and give access to all the available evidence. Recognition of refugee status is not dependent on the production of any particular formal evidence. 6. The authorities responsible for the examination of the asylum application must be fully qualified in the field of asylum and refugee matters. To this effect, they must: - have at their disposal specialized personnel with the necessary knowledge and experience in the field of asylum and refugee matters, who have an understanding of an applicant's particular situation, - have access to precise and up-to-date information from various sources, including information from the UNHCR, concerning the situation prevailing in the countries of origin of asylum-seekers and in transit countries, - have the right to ask advice, whenever necessary, from experts on particular issues, e.g. a medical issue or an issue of a cultural nature. 7. The authorities responsible for border controls and the local authorities with which asylum applications are lodged must receive clear and detailed instructions so that the applications, together with all other information available, can be forwarded without delay to the competent authority for examination. 8. In the case of a negative decision, provision must be made for an appeal to a court or a review authority which gives an independent ruling on individual cases under the conditions laid down in paragraph 4. 9. Member States must ensure that the competent authorities are adequately provided with staff and equipment so that they can discharge their duties promptly and under the best possible conditions. IV. Rights of asylum-seekers during examination, appeal and review procedures 10. An asylum-seeker must have an effective opportunity to lodge his asylum application as early as possible. 11. Declarations made by the asylum-seeker and other details of his application are very sensitive data, requiring protection. National law must therefore provide adequate data protection guarantees, particularly as against the authorities of the asylum-seeker's country of origin. 12. As long as the asylum application has not been decided on, the general principle applies that the applicant is allowed to remain in the territory of the State in which his application has been lodged or is being examined. 13. Asylum-seekers must be informed of the procedure to be followed and of their rights and obligations during the procedure, in a language which they can understand. In particular: - they must be given the services of an interpreter, whenever necessary, for submitting their case to the authorities concerned. These services must be paid for out of public funds, if the interpreter is called upon by the competent authorities, - in accordance with the rules of the Member State concerned, they may call in a legal adviser or other counsellor to assist them during the procedure, - they must be given the opportunity, at all stages of the procedure, to communicate with the Office of the UNHCR or with other refugee organizations which may be working on behalf of the UNHCR in the Member State concerned, and vice versa. In addition, asylum-seekers may enter into contact with other refugee organizations under procedures laid down by the Member States. The opportunity for an asylum-seeker to communicate with the UNHCR and other refugee organizations need not necessarily prevent implementation of a decision, - the representative of the Office of the UNHCR must be given the opportunity to be informed of the course of the procedure, to learn about the decisions of the competent authorities and to submit his observations. 14. Before a final decision is taken on the asylum application, the asylum-seeker must be given the opportunity of a personal interview with an official qualified under national law. 15. The decision on the asylum application must be communicated to the asylum-seeker in writing. If the application is rejected, the asylum-seeker must be informed of the reasons and of any possibility of having the decision reviewed. The asylum-seeker must have the opportunity, inasmuch as national law so provides, to acquaint himself with or be informed of the main purport of the decision and any possibility of appeal, in a language which he understands. 16. The asylum-seeker must be given an adequate period of time within which to appeal and to prepare his case when requesting review of the decision. These time limits must be communicated to the asylum-seeker in good time. 17. Until a decision has been taken on the appeal, the general principle will apply that the asylum-seeker may remain in the territory of the Member State concerned. Where the national law of a Member State permits a derogation from this principle in certain cases, the asylum-seeker should at least be able to apply to the bodies referred to in paragraph 8 (court or independent review authority) for leave to remain in the territory of the Member State temporarily during procedures before those bodies, on the grounds of the particular circumstances of his case; no expulsion may take place until a decision has been taken on this application. Manifestly unfounded asylum applications 18. Manifestly unfounded asylum applications within the meaning of the resolution adopted by the Ministers responsible for immigration at their meeting on 30 November and 1 December 1992 will be dealt with in accordance with that resolution. Subject to the principles laid down therein, the guarantees laid down in the present resolution will apply. 19. By way of derogation from paragraph 8, Member States may exclude the possibility of lodging an appeal against a decision to reject an application if, instead, an independent body which is distinct from the examining authority has already confirmed the decision. 20. The Member States observe that, with due regard for the 1951 Geneva Refugee Convention, there should be no de facto or de jure grounds for granting refugee status to an asylum applicant who is a national of another Member State. On this basis, a particularly rapid or simplified procedure will be applied to the application for asylum lodged by a national of another Member State, in accordance with each Member State's rules and practice, it being specified that the Member States continue to be obliged to examine individually every application for asylum, as provided by the Geneva Convention to which the Treaty on European Union refers. 21. Member States may provide for exceptions to the principle in paragraph 17 in limited cases, under national law, when, in consideration of objective criteria extraneous to the application itself, an application is manifestly unfounded in accordance with points 9 and 10 of the resolution adopted by the Ministers responsible for immigration on 30 November and 1 December 1992. However, in such cases it should at least be guaranteed that the decision on the application is taken at a high level and that additional sufficient safeguards (e.g. the same assessment, before the execution of the decision, by another authority which must be of a central nature and have the necessary knowledge and experience in the field of asylum and refugee law) ensure the correctness of the decision. 22. Member States may provide for exceptions to the principle in paragraph 17 with respect to asylum applications where, under national law, the host third-country concept is applicable in accordance with the resolution adopted by the Ministers responsible for immigration at their meeting on 30 November and 1 December 1992. In such cases Member States may also provide, by way of derogation from paragraph 15, that the decision rejecting the application, its underlying reasons and the asylum-seeker's rights may be communicated to him orally instead of in writing. Upon request, the decision will be confirmed in writing. The third-country authorities must, where necessary, be informed that the asylum application was not examined as to substance. Asylum applications at the border 23. Member States will adopt administrative measures ensuring that any asylum-seeker arriving at their frontiers is afforded an opportunity to lodge an asylum application. 24. Member States may, inasmuch as national law so provides, apply special procedures to establish, prior to the decision on admission, whether or not the application for asylum is manifestly unfounded. No expulsion measure will be carried out during this procedure. Where an application for asylum is manifestly unfounded, the asylum-seeker may be refused admission. In such cases, the national law of a Member State may permit an exception to the general principle of the suspensive effect of the appeal (paragraph 17). However, it must at least be ensured that the decision on the refusal of admission is taken by a ministry or comparable central authority and that additional sufficient safeguards (for example, prior examination by another central authority) ensure the correctness of the decision. Such authorities must be fully qualified in asylum and refugee matters. 25. In addition, where, under national law, the host third country concept is applicable in accordance with the resolution adopted by the Ministers responsible for immigration at their meeting on 30 November and 1 December 1992, Member States may provide for exceptions to the principles in paragraphs 7 and 17. Member States may also provide, by way of derogation from paragraph 15, that the decision rejecting the application, its underlying reasons and any possibility of appeal may be communicated to the asylum-seeker orally instead of in writing. Upon request, the decision will be confirmed in writing. The procedure in the cases referred to in the first sentence of the preceding subparagraph may be carried out before the decision on admission has been taken. In such cases, admission may be refused. V. Additional safeguards for unaccompanied minors and women Unaccompanied minors 26. Provision must be made for unaccompanied minors seeking asylum to be represented by a specifically appointed adult or institution if they do not have capacity under national law. During the interview, unaccompanied minors may be accompanied by that adult or representatives of that institution. These persons are to protect the child's interests. 27. When an application for asylum from an unaccompanied minor is examined, his mental development and maturity will be taken into account. Women 28. Member States must endeavour to involve skilled female employees and female interpreters in the asylum procedure where necessary, particularly where female asylum-seekers find it difficult to present the grounds for their application in a comprehensive manner owing to the experiences they have undergone or to their cultural origin. VI. Residence where the criteria for classification as a refugee are met 29. A Member State which, notwithstanding national provisions on application of the host third-country concept, has examined an asylum application must grant refugee status to an asylum-seeker fulfilling the criteria of Article 1 of the Geneva Convention. Member States may provide, in accordance with their national law, that they will not make full use of the exclusion clauses contained in the Geneva Convention. The refugee should in principle be granted the right of residence in the Member State concerned. VII. Other cases 30. This resolution does not affect the laws and regulations of the various Member States regarding the cases covered in point 11 of the resolution on manifestly unfounded asylum applications adopted by the Ministers responsible for immigration at their meeting on 30 November and 1 December 1992. VIII. Further action 31. Member States will take account of these principles in the case of all proposals for changes to their national legislation. In addition, Member States will strive to bring their national legislation into line with these principles by 1 January 1996. In conjunction with the Commission and in consultation with the UNHCR, they will periodically review the operation of these principles and consider whether any additional measures are necessary. IX. More favourable provisions 32. Member States have the right to enact national provisions on guarantees provided by procedures applicable to asylum-seekers which are more favourable than those contained in the common minimum guarantees.

Summary: Minimum guarantees for asylum procedures Minimum guarantees for asylum procedures 1) OBJECTIVE To establish minimum guarantees for asylum procedures in Member States in compliance with the principles of the 1951 Geneva Convention and the 1967 New York Protocol. 2) ACT Council Resolution of 20 June 1995 on minimum guarantees for asylum procedures [Official Journal C 274, 19.09.1996]. 3) SUMMARY Following the entry into force of the 1990 Dublin Convention, the Member States wished to establish equivalent procedures for examining applications for asylum. To that end, minimum guarantees for procedures, to be complied with by all Member States, have been drawn up. Member States may enact more favourable national provisions. Universal principles The procedures for examining asylum applications must comply with the 1951 Geneva Convention and the 1967 Protocol, in particular as regards the definition of "refugee" and the principle of "non-refoulement" (no expulsion measure will be carried out as long as no decision has been taken on the asylum application), and must be carried out in cooperation with the Office of the United Nations High Commissioner for Refugees (UNHCR). Guarantees concerning the examination of asylum applications All applications are examined individually, objectively and impartially. Applicants must present a substantial description of their case and all available evidence, although recognition of refugee status is not dependent on the production of any particular evidence. The authorities responsible for the examination of the asylum application must be provided with a sufficient number of specialised personnel, precise information on the situation prevailing in the countries of origin and transit countries, and access to experts on particular issues (medical, cultural, etc.). The authorities responsible for border controls and local authorities must receive clear instructions so that applications can be forwarded without delay to the competent authority. If the asylum application is rejected, it is possible to appeal to a court or an independent review authority. Rights of asylum-seekers during examination, appeal and review procedures Asylum-seekers may remain in the territory of the State in which the application has been lodged until a decision has been taken. During the procedure, they are entitled to the services of an interpreter or, if necessary, a legal adviser or other counsellor and may communicate with the Office of the UNHCR or other refugee organisations. Before a final decision is taken on the application, they are given the opportunity of a personal interview with a qualified official. Manifestly unfounded applications are dealt with in accordance with the principles laid down in the Resolution of 30 November 1992. Applications from nationals of another Member State are covered by that Resolution since any Member State is regarded a priori as a reliable country. A particularly rapid procedure will be applied in such cases. Any asylum-seeker must be able to lodge an application at a frontier. The application may then be examined to establish, prior to the decision on admission, whether it is manifestly unfounded. However, where there is a host third country, there may be exceptions to the principle of "non-refoulement". Additional safeguards for unaccompanied minors and women Unaccompanied minors must be represented by an appointed adult or institution that assists them during the procedure. Member States must endeavour to involve female employees and interpreters where necessary, particularly where female asylum-seekers find it difficult to present the grounds for their application owing to the experiences they have undergone or to their cultural origin. Right of residence Applicants who satisfy the criteria for refugee status must in principle be granted the right of residence in the Member State which examined the asylum application. Member States were to strive to bring their national legislation into line with these principles by 1 January 1996. 4) follow-up work On 20 September 2000, the Commission presented a proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status [COM(2000) 578 final - 2000/0238 CNS]. Communication from the Commission to the Council and to the European Parliament. Towards a common asylum procedure and a uniform status, valid throughout the Union, for persons granted asylum [COM(2000)755 final - Not published in the Official Journal] On 22 November 2000, the Commission presented a Communication emphasising that harmonisation of asylum procedures could have immediate positive effects. The first would be to limit secondary movements of asylum seekers influenced by the diversity of rules and the rights granted following recognition of the right to asylum. An asylum seeker must be reasonably certain that, whichever Member State they approach, they will enjoy equivalent chances of obtaining proper protection. The second would be to maintain the specific nature of the right to asylum vis-à-vis other forms of humanitarian protection. In addition, the Commission would like common rules on the exchange of information to be defined and to create a network between the authorities involved in order to facilitate the analysis of statistics, cooperation between the various authorities and the exchange of good practices. Communication from the Commission to the Council and to the European Parliament on the common asylum policy, introducing an open coordination method. First report by the Commission on the application of Communication COM(2000)755 final of 22 November 2000 [COM(2001)710 final - Not published in the Official Journal]. In its Communication of 22 November 2000, the Commission set out its point of view on establishing a common asylum procedure, identifying objectives and proposing a method. The Communication of 28 November 2001 contains a more precise definition of the methods which might be applied to asylum policy. There will be consultations on these suggestions prior to a formal Commission proposal. The report on a common asylum policy in the European Union will be submitted annually and will serve the interests of transparency and stimulate public debate. This year's report is broken down into six headings: implementation of the legislative programme of the first stage and flanking measures (which makes reference to the legislation already in force and to proposals submitted, including Eurodac, proposal for a " Dublin II " regulation, the ARGO programme etc.); link between international protection obligations and security (exclusion from refugee status, surrender, non-refoulement); common analysis (exchange of statistics and information on asylum and migrant flows); the external dimension (enlargement, relations with the Balkans, the Russian Federation, relations with the United Nations High Commissioner for Refugees); applying the open coordination method to asylum policy (in practice, the Commission invites the Council to approve multiannual guidelines together with a timetable for achieving the objectives in the short, medium and long term. The Member States must then incorporate these guidelines into national legislation); recommendations. Last updated: 18.08.2005


27.11.1995 EN Official Journal of the European Communities C 316/49 CONVENTION Drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests THE HIGH CONTRACTING PARTIES to this Convention, Member States of the European Union, REFERRING to the Act of the Council of the European Union of 26 July 1995; DESIRING to ensure that their criminal laws contribute effectively to the protection of the financial interests of the European Communities; NOTING that fraud affecting Community revenue and expenditure in many cases is not confined to a single country and is often committed by organized criminal networks; CONVINCED that protection of the European Communities' financial interests calls for the criminal prosecution of fraudulent conduct injuring those interests and requires, for that purpose, the adoption of a common definition; CONVINCED of the need to make such conduct punishable with effective, proportionate and dissuasive criminal penalties, without prejudice to the possibility of applying other penalties in appropriate cases, and of the need, at least in serious cases, to make such conduct punishable with deprivation of liberty which can give rise to extradition; RECOGNIZING that businesses play an important role in the areas financed by the European Communities and that those with decision-making powers in business should not escape criminal responsibility in appropriate circumstances; DETERMINED to combat together fraud affecting the European Communities' financial interests by undertaking obligations concerning jurisdiction, extradition, and mutual cooperation, HAVE AGREED ON THE FOLLOWING PROVISIONS: Article 1 General provisions 1. For the purposes of this Convention, fraud affecting the European Communities' financial interests shall consist of: (a) in respect of expenditure, any intentional act or omission relating to: — the use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the misappropriation or wrongful retention of funds from the general budget of the European Communities or budgets managed by, or on behalf of, the European Communities, — non-disclosure of information in violation of a specific obligation, with the same effect, — the misapplication of such funds for purposes other than those for which they were originally granted; (b) in respect of revenue, any intentional act or omission relating to: — the use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the illegal diminution of the resources of the general budget of the European Communities or budgets managed by, or on behalf of, the European Communities, — non-disclosure of information in violation of a specific obligation, with the same effect, — misapplication of a legally obtained benefit, with the same effect. 2. Subject to Article 2 (2), each Member State shall take the necessary and appropriate measures to transpose paragraph 1 into their national criminal law in such a way that the conduct referred to therein constitutes criminal offences. 3. Subject to Article 2 (2), each Member State shall also take the necessary measures to ensure that the intentional preparation or supply of false, incorrect or incomplete statements or documents having the effect described in paragraph 1 constitutes a criminal offence if it is not already punishable as a principal offence or as participation in, instigation of, or attempt to commit, fraud as defined in paragraph 1. 4. The intentional nature of an act or omission as referred to in paragraphs 1 and 3 may be inferred from objective, factual circumstances. Article 2 Penalties 1. Each Member State shall take the necessary measures to ensure that the conduct referred to in Article 1, and participating in, instigating, or attempting the conduct referred to in Article 1 (1), are punishable by effective, proportionate and dissuasive criminal penalties, including, at least in cases of serious fraud, penalties involving deprivation of liberty which can give rise to extradition, it being understood that serious fraud shall be considered to be fraud involving a minimum amount to be set in each Member State. This minimum amount may not be set at a sum exceeding ECU 50 000. 2. However in cases of minor fraud involving a total amount of less than ECU 4 000 and not involving particularly serious circumstances under its laws, a Member State may provide for penalties of a different type from those laid down in paragraph 1. 3. The Council of the European Union, acting unanimously, may alter the amount referred to in paragraph 2. Article 3 Criminal liability of heads of businesses Each Member State shall take the necessary measures to allow heads of businesses or any persons having power to take decisions or exercise control within a business to be declared criminally liable in accordance with the principles defined by its national law in cases of fraud affecting the European Community's financial interests, as referred to in Article 1, by a person under their authority acting on behalf of the business. Article 4 Jurisdiction 1. Each Member State shall take the necessary measures to establish its jurisdiction over the offences it has established in accordance with Article 1 and 2 (1) when: — fraud, participation in fraud or attempted fraud affecting the European Communities' financial interests is committed in whole or in part within its territory, including fraud for which the benefit was obtained in that territory, — a person within its territory knowingly assists or induces the commission of such fraud within the territory of any other State, — the offender is a national of the Member State concerned, provided that the law of that Member State may require the conduct to be punishable also in the country where it occurred. 2. Each Member State may declare, when giving the notification referred to in Article 11 (2), that it will not apply the rule laid down in the third indent of paragraph 1 of this Article. Article 5 Extradition and prosecution 1. Any Member State which, under its law, does not extradite its own nationals shall take the necessary measures to establish its jurisdiction over the offences it has established in accordance with Articles 1 and 2 (1), when committed by its own nationals outside its territory. 2. Each Member State shall, when one of its nationals is alleged to have committed in another Member State a criminal offence involving the conduct described in Articles 1 and 2 (1), and it does not extradite that person to that other Member State solely on the ground of his or her nationality, submit the case to its competent authorities for the purpose of prosecution if appropriate. In order to enable prosecution to take place, the files, information and exhibits relating to the offence shall be transmitted in accordance with the procedures laid down in Article 6 of the European Convention on Extradition. The requesting Member State shall be informed of the prosecution initiated and of its outcome. 3. A Member State may not refuse extradition in the event of fraud affecting the European Communities' financial interests for the sole reason that it concerns a tax or customs duty offence. 4. For the purposes of this Article, a Member State's own nationals shall be construed in accordance with any declaration made by it under Article 6 (1) (b) of the European Convention on Extradition and with paragraph 1 (c) of the Article. Article 6 Cooperation 1. If a fraud as defined in Article 1 constitutes a criminal offence and concerns at least two Member States, those States shall cooperate effectively in the investigation, the prosecution and in carrying out the punishment imposed by means, for example, of mutual legal assistance, extradition, transfer of proceedings or enforcement of sentences passed in another Member State. 2. Where more than one Member State has jurisdiction and has the possibility of viable prosecution of an offence based on the same facts, the Member States involved shall cooperate in deciding which shall prosecute the offender or offenders with a view to centralizing the prosecution in a single Member State where possible. Article 7 Ne bis in idem 1. Member States shall apply in their national criminal laws the ‘ne bis in idem’ rule, under which a person whose trial has been finally disposed of in a Member State may not be prosecuted in another Member State in respect of the same facts, provided that if a penalty was imposed, it has been enforced, is actually in the process of being enforced or can no longer be enforced under the laws of the sentencing State. 2. A Member State may, when giving the notification referred to in Article 11 (2), declare that it shall not be bound by paragraph 1 of this Article in one or more of the following cases: (a) if the facts which were the subject of the judgement rendered abroad took place on its own territory either in whole or in part; in the latter case this exception shall not apply if those facts took place partly on the territory of the Member State where the judgement was rendered; (b) if the facts which were the subject of the judgment rendered abroad constitute an offence directed against the security or other equally essential interests of that Member State; (c) if the facts which were the subject of the judgment rendered abroad were committed by an official of the Member State contrary to the duties of his office. 3. The exceptions which may be the subject of a declaration under paragraph 2 shall not apply if the Member State concerned in respect of the same facts requested the other Member State to bring the prosecution or granted extradition of the person concerned. 4. Relevant bilateral or multilateral agreements concluded between Member States and relevant declarations shall remain unaffected by this Article. Article 8 Court of Justice 1. Any dispute between Member States on the interpretation or application of this Convention must in an initial stage be examined by the Council in accordance with the procedure set out in Title VI of the Treaty on European Union with a view to reaching a solution. If no solution is found within six months, the matter may be referred to the Court of Justice of the European Communities by a party to the dispute. 2. Any dispute between one or more Member States and the Commission of the European Communities concerning the application of Article 1 or 10 of this Convention which it has proved impossible to settle through negotiation may be submitted to the Court of Justice. Article 9 Internal provisions No provision in this Convention shall prevent Member States from adopting internal legal provisions which go beyond the obligations deriving from this Convention. Article 10 Transmission 1. Member States shall transmit to the Commission of the European Communities the text of the provisions transposing into their domestic law the obligations imposed on them under the provisions of this Convention. 2. For the purposes of implementing this Convention, the High Contracting Parties shall determine, within the Council of the European Union, the information to be communicated or exchanged between the Member States or between the Member States and the Commission, and also the arrangements for doing so. Article 11 Entry into force 1. This Convention shall be subject to adoption by the Member States in accordance with their respective constitutional requirements. 2. Member States shall notify the Secretary-General of the Council of the European Union of the completion of their constitutional requirements for adopting this Convention. 3. This Convention shall enter into force 90 days after the notification, referred to in paragraph 2, by the last Member State to fulfil that formality. Article 12 Accession 1. This Convention shall be open to accession by any State that becomes a member of the European Union. 2. The text of this Convention in the language of the acceding State, drawn up by the Council of the European Union, shall be authentic. 3. Instruments of accession shall be deposited with the depositary. 4. This Convention shall enter into force with respect to any State that accedes to it 90 days after the deposit of its instrument of accession or on the date of entry into force of the Convention if it has not already entered into force at the time of expiry of the said period 90 days. Article 13 Depositary 1. The Secretary-General of the Council of the European Union shall act as depositary of this Convention. 2. The depositary shall publish in the Official Journal of the European Communities information on the progress of adoptions and accessions, declarations and reservations, and also any other notification concerning this Convention. En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente Convenio. Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne konvention. Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses Übereinkommen gesetzt. Σε πίστωση των ανωτέρω, οι υπογράφοντες πληρεξούσιοι έθεσαν την υπογραφή τους κάτω από την παρούσα σύμβαση. In witness whereof, the undersigned Plenipotentiaries have hereunto set their hands. En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas de la présente convention. Dá fhianú sin, chuir na Lánchumhachtaigh thíos-sínithe a lámh leis an gCoinbhinsiún seo. In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce alla presente convenzione. Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze overeenkomst hebben gesteld. Em fé do que, os plenipotenciários abaixo assinados apuseram as suas assinaturas no final da presente convenção. Tämän vakuudeksi alla mainitut täysivaltaiset edustajat ovat allekirjoittaneet tämän yleissopimuksen. Til bekräftelse härav har undertecknade befullmäktigade ombud undertecknat denna konvention. Hecho en Bruselas, el veintiseis de julio de mil novecientos noventa y cinco, en un ejemplar único, en lenguas alemana, inglesa, danesa, española, finesa, francesa, griega, gaélica, italiana, neerlandesa, portuguesa y sueca, cuyos textos son igualmente auténticos y que será depositado en los archivos de la Secretaría General del Consejo de la Unión Europea. Udfærdiget i Bruxelles den seksogtyvende juli nitten hundrede og femoghalvfems, i ét eksemplar på dansk, engelsk, finsk, fransk, græsk, irsk, italiensk, nederlandsk, portugisisk, spansk, svensk og tysk, hvilke tekster alle har samme gyldighed, og deponeres i arkiverne i Generalsekretariatet for Rådet for Den Europæiske Union. Geschehen zu Brüssel am sechsundzwanzigsten Juli neunzehnhundertfünfundneunzig in einer Urschrift in dänischer, deutscher, englischer, finnischer, französischer, griechischer, irischer, italienischer, niederländischer, portugiesischer, schwedischer und spanischer Sprache, wobei jeder Wortlaut gleichermaßen verbindlich ist; die Urschrift wird im Archiv des Generalsekretariats des Rates der Europäischen Union hinterlegt. Έγινε στις Βρυξέλλες, στις είκοσι έξι Ιουλίου χίλια εννιακόσια ενενήντα πέντε, σε ένα μόνο αντίτυπο, στην αγγλική, γαλλική, γερμανική, δανική, ελληνική, ιρλανδική, ισπανική, ιταλική, ολλανδική, πορτογαλική, σουηδική και φινλανδική γλώσσα, όλα δε τα κείμενα είναι εξίσου αυθεντικά και κατατίθενται στα αρχεία της Γενικής Γραμματείας του Συμβουλίου της Ευρωπαϊκής Ένωσης. Done at Brussels on the twenty-sixth day of July in the year one thousand nine hundred and ninety-five in a single original, in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic, such original remaining deposited in the archives of the General Secretariat of the Council of the European Union. Fait à Bruxelles, le vingt-six juillet mil neuf cent quatre-vingt-quinze, en un exemplaire unique, en langues allemande, anglaise, danoise, espagnole, finnoise, française, grecque, irlandaise, italienne, néerlandaise, portugaise et suédoise, tous ces textes faisant également foi, exemplaire qui est déposé dans les archives du Secrétariat général du Conseil de l'Union européenne. Arna dhéanamh sa Bhruiséil, an séú lá is fiche de Iúil sa bhliain míle naoi gcéad nócha a cúig, i scríbhinn bhunaidh amháin sa Bhéarla, sa Danmhairgis, san Fhionlainnis, sa Fhraincis, sa Ghaeilge, sa Ghearmáinis, sa Ghréigis, san Iodáilis, san Ollainnis, sa Phortaingéilis, sa Spáinnis agus sa tSualainnis agus comhúdarás ag na téacsanna i ngach ceann de na teangacha sin; déanfar an scríbhinn bhunaidh sin a thaisceadh i gcartlann Ardrúnaíocht Chomhairle an Aontais Eorpaigh. Fatto a Bruxelles, addì ventisei luglio millenovecentonovantacinque, in unico esemplare in lingua danese, finlandese, francese, greca, inglese, irlandese, italiana, olandese, portoghese, spagnola, svedese e tedesca, i testi di ciascuna di queste lingue facenti ugualmente fede, esemplare depositato negli archivi del segretariato generale dell'Unione europea. Gedaan te Brussel, de zesentwintigste juli negentienhonderd vijfennegentig, in één exemplaar, in de Deense, de Duitse, de Engelse, de Finse, de Franse, de Griekse, de Ierse, de Italiaanse, de Nederlandse, de Portugese, de Spaanse en de Zweedse taal, zijnde alle teksten gelijkelijk authentiek, dat wordt neergelegd in het archief van het Secretariaat-generaal van de Raad van de Europese Unie. Feito em Bruxelas, em vinte e seis de Julho de mil novecentos e noventa e cinco, em exemplar único, nas línguas alemã, dinamarquesa, espanhola, finlandesa, francesa, grega, inglesa, irlandesa, italiana, neerlandesa, portuguesa e sueca, fazendo igualmente fé todos os textos, depositado nos arquivos do Secretariado-Geral do Conselho da União Europeia. Tehty Brysselissä kahdentenakymmenentenäkuudentena päivänä heinäkuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäviisi yhtenä ainoana kappaleena englannin, espanjan, hollannin, iirin, italian, kreikan, portugalin, ranskan, ruotsin, saksan, suomen ja tanskan kielellä kaikkien näiden tekstien ollessa yhtä todistusvoimaiset, ja se talletetaan Euroopan unionin neuvoston pääsihteeristön arkistoon. Utfärdad i Bryssel den tjugosjätte juli nittonhundranittiofem i ett enda exemplar, på danska, engelska, finska, franska, grekiska, irländska, italienska, nederländska, portugisiska, spanska, svenska och tyska, varvid alla texter är lika giltiga, och deponerad i arkiven vid generalsekretariatet för Europeiska unionens råd. Pour le gouvernement du royaume de Belgique Voor de Regering van het Koninkrijk België Für die Regierung des Königreichs Belgien For regeringen for Kongeriget Danmark Für die Regierung der Bundesrepublik Deutschland Για την κυβέρνηση της Ελληνικής Δημοκρατίας Por el Gobierno del Reino de España Pour le gouvernement de la République française Thar ceann Rialtas na hÉireann For the Government of Ireland Per il governo della Repubblica italiana Pour le gouvernement du grand-duché de Luxembourg Voor de Regering van het Koninkrijk der Nederlanden Fur die Regierung der Republik Österreich Pelo Governo da República Portuguesa Suomen hallituksen puolesta På svenska regeringens vägnar For the Government of the United Kingdom of Great Britain and Northern Ireland

Summary: Protecting the EU’s financial interests - fight against fraud Protecting the EU’s financial interests - fight against fraud Since 1995, a convention has been in place which seeks to protect, under criminal law, the financial interests of the EU and its taxpayers. Over the years, the Convention on the Protection of the European Communities’ Financial Interests has been supplemented by a series of protocols. ACT Council Act of 26 July 1995 drawing up the Convention on the protection of the European Communities’ financial interests (OJ C 316, 27.11.1995, pp. 48-57) SUMMARY Since 1995, a convention has been in place which seeks to protect, under criminal law, the financial interests of the EU and its taxpayers. Over the years, the Convention on the Protection of the European Communities’ Financial Interests has been supplemented by a series of protocols. WHAT DOES THE CONVENTION DO? The Convention and its protocols provide a harmonised legal definition of fraud require their signatories to adopt criminal penalties for fraud. KEY POINTS EU countries must introduce effective, proportionate and dissuasive criminal penalties to deal with fraud affecting the EU’s financial interests. The Convention differentiates between fraud in regard to expenditure and revenue. Examples of fraud in respect to expenditure include any intentional act or omission such as: the use or presentation of false, incorrect or incomplete statements or documents which has as its effect the misappropriation or wrongful retention of funds from the EU’s budget; non-disclosure of information in violation of a specific obligation with the same effect; or the misapplication of such funds for purposes other than those for which they were intended. Examples of fraud in respect of revenue include any intentional act or omission such as: the use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the illegal reduction of EU budget resources; non-disclosure of information in violation of a specific obligation with the same effect; or the misapplication of a legally obtained benefit (for example, the misuse of legally obtained tax payments) with the same effect. In cases of serious fraud, these penalties must include custodial sentences that may give rise to extradition in certain cases. The first Protocol to the Convention, adopted in 1996, differentiates between ‘active’ * and ‘passive’ * corruption of public officials. It also defines an ‘official’ (both at national and EU levels) and harmonises the penalties for corruption offences. Liability of legal persons Each EU country must enact legislation to allow heads of businesses or any persons having power to take decisions or exercise control within a business (i.e. legal persons) to be declared criminally liable. The Second Protocol, adopted in 1997, further clarified the Convention regarding the issues of the liability of legal persons, confiscation and money laundering. National courts In 1996, a Protocol conferring an interpretative jurisdiction on the European Court of Justice (ECJ) was adopted. This protocol allows national courts, when in doubt as to how to interpret the Convention and its Protocols, to petition the Court of Justice of the European Union for preliminary rulings. Each EU country must take the necessary measures to establish its jurisdiction over the offences it has established in accordance with its obligations under the convention. Cases of fraud involving two or more countries If a fraud constitutes a criminal offence and concerns at least two EU countries, those countries must cooperate effectively in the investigation, the prosecution and the enforcement of the penalties imposed by means, for example, of mutual legal assistance, extradition, transfer of proceedings or enforcement of sentences passed in another EU country. Disputes between EU countries Where disputes arise as to the interpretation or application of the Convention, the case must first be examined by the Council. If the Council does not find a solution within 6 months, a party to the dispute may petition the Court of Justice of the European Union. The Court of Justice also has jurisdiction over disputes between EU countries and the European Commission. SINCE WHEN HAS THE CONVENTION APPLIED? The Convention entered into force on 17 October 2002, along with its first protocol and the protocol on its interpretation by the Court of Justice. The second protocol entered into force on 19 May 2009. The convention and its protocols are open for signature by any country that joins the EU. For more information, see the European Anti-Fraud Office. KEY TERMS * Active corruption: an offence committed by a public official who gives or promises a bribe. * Passive corruption: an offence committed by an official who receives a bribe. RELATED ACTS Council Act of 27 September 1996 drawing up a Protocol to the Convention on the protection of the European Communities' financial interests (OJ C 313, 23.10.1996, pp. 1-10) Council Act of 29 November 1996 drawing up, on the basis of Article K.3 of the Treaty on European Union, the Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities’ financial interests (OJ C 151, 20.5.1997, pp. 1-14) Council Act of 19 June 1997 drawing up the Second Protocol of the Convention on the protection of the European Communities’ financial interests (OJ C 221, 19.7.1997, pp. 11-22) Council Decision 2008/40/JHA of 6 December 2007 concerning the accession of Bulgaria and Romania to the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities’ financial interests, the Protocol of 27 September 1996, the Protocol of 29 November 1996 and the Second Protocol of 19 June 1997 (OJ L 9, 12.1.2008, pp. 23-24) last update 24.08.2015