15.6.2004 EN Official Journal of the European Union L 213/5 COUNCIL DECISION of 8 June 2004 establishing the Visa Information System (VIS) (2004/512/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 66 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Whereas: (1) The Seville European Council on 21 and 22 June 2002 considered the establishment of a common identification system for visa data as a top priority and called for its introduction, as soon as possible, in the light of a feasibility study and on the basis of guidelines adopted by the Council on 13 June 2002. (2) On 5 and 6 June 2003 the Council welcomed the feasibility study, as presented by the Commission in May 2003, confirmed the objectives for a VIS as set out in the guidelines and invited the Commission to continue its preparatory work on the development of the VIS in cooperation with Member States on the basis of a centralised architecture, taking into account the option of a common technical platform with the second generation Schengen Information System (SIS II). (3) The European Council in Thessaloniki on 19 and 20 June 2003 deemed it necessary that, following the feasibility study, orientations should be determined as soon as possible, with regard to the planning for the development of the VIS, and the appropriate legal basis which will permit its establishment, and the engagement of the necessary financial means. (4) This Decision constitutes the required legal basis to allow for the inclusion in the general budget of the European Union of the necessary appropriations for the development of VIS and the execution of that part of the budget. (5) The measures necessary for the implementation of this Decision 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 (1). The committee assisting the Commission should meet, as necessary, in two distinct formations depending on the agenda. (6) Since the objective of this Decision, namely the development of a common VIS, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and impact 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 Decision does not go beyond what is necessary in order to achieve this objective. (7) This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. (8) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is therefore not bound by it or subject to its application. As this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Decision whether or not it will transpose it into its national law. (9) As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (2), which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC (3) on certain arrangements for the application of that Agreement. (10) An arrangement has to be made to allow representatives of Iceland and Norway to be associated with the work of committees assisting the Commission in the exercise of its implementing powers. Such an arrangement has been contemplated in the Exchange of Letters between the Community and Iceland and Norway (4), annexed to the abovementioned Agreement. (11) This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (5); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application. (12) This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (6); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application, HAS ADOPTED THIS DECISION: Article 1 1. A system for the exchange of visa data between Member States, hereinafter referred to as ‘the Visa Information System’ (VIS), is hereby established, which shall enable authorised national authorities to enter and update visa data and to consult these data electronically. 2. The Visa Information System shall be based on a centralised architecture and consist of a central information system, hereinafter referred to as ‘the Central Visa Information System’ (CS-VIS), an interface in each Member State, hereinafter referred to as ‘the National Interface’ (NI-VIS) which shall provide the connection to the relevant central national authority of the respective Member State, and the communication infrastructure between the Central Visa Information System and the National Interfaces. Article 2 1. The Central Visa Information System, the National Interface in each Member State, and the communication infrastructure between the Central Visa Information System and the National Interfaces shall be developed by the Commission. 2. The national infrastructures shall be adapted and/or developed by the Member States. Article 3 The measures necessary for the development of the Central Visa Information System, the National Interface in each Member State, and the communication infrastructure between the Central Visa Information System and the National Interfaces shall be adopted in accordance with the procedure referred to in Article 5(2) where they concern matters other than those listed in Article 4. Article 4 The measures necessary for the development of the Central Visa Information System, the National Interface in each Member State, and the communication infrastructure between the Central Visa Information System and the National Interfaces concerning the following matters shall be adopted in accordance with the procedure referred to in Article 5(3): (a) the design of the physical architecture of the system including its communication network; (b) technical aspects which have a bearing on the protection of personal data; (c) technical aspects which have serious financial implications for the budgets of the Member States or which have serious technical implications for the national systems of the Member States; (d) the development of security requirements, including biometric aspects. Article 5 1. The Commission shall be assisted by the committee set up by Article 5(1) of Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (7). 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months. 3. 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 two months. 4. The Committee shall adopt its Rules of Procedure. Article 6 The Commission shall submit a yearly progress report to the European Parliament and the Council concerning the development of the Central Visa Information System, the National Interface in each Member State, and the communication infrastructure between the Central Visa Information System and the National Interfaces, and for the first time by the end of the year after signing the contract for the development of the VIS. Article 7 This Decision shall apply from the twentieth day following that of its publication in the Official Journal of the European Union. Article 8 This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community. Done at Luxembourg, 8 June 2004. For the Council The President M. McDOWELL (1) OJ L 184, 17.7.1999, p. 23. (2) OJ L 176, 10.7.1999, p. 36. (3) OJ L 176, 10.7.1999, p. 31. (4) OJ L 176, 10.7.1999, p. 53. (5) OJ L 131, 1.6.2000, p. 43. (6) OJ L 64, 7.3.2002, p. 20. (7) OJ L 328, 13.12.2001, p. 4.

Summary: Establishment of the Visa Information System (VIS) – Stage 1 Establishment of the Visa Information System (VIS) – Stage 1 This Decision constitutes the required legal basis allowing for the inclusion in the general budget of the European Union (EU) of the necessary appropriations for the development of the Visa Information System (VIS). The VIS is based on a centralised architecture and consists of a central information system on visas and an interface in each Member State . It is the Commission’s responsibility, through the comitology procedures, to develop the central information system and the national interfaces. ACT Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS). SUMMARY The Visa Information System (VIS) is based on a centralised architecture. It consists of a central information system, the Central Visa Information System (CS-VIS), of an interface in each Member State, the National Interfaces (NI-VIS) that provide the connection to the relevant central national authorities of the respective Member States, and of a communication infrastructure between the Central Visa Information System and the National Interfaces. The Commission is responsible for developing the: Central Visa Information System; National Interface in each Member State ; communication infrastructure between the Central Visa Information System and the National Interfaces. The national infrastructures are adapted by the Member States. The measures to be developed by the Commission are adopted in accordance with the advisory procedure of the comitology Decision 1999/468/EC for matters relating to the: design of the physical architecture of the system; technical aspects that have a bearing on the protection of personal data; technical aspects that have serious financial implications for the budgets of the Member States or that have serious technical implications for the national systems of the Member States; development of security requirements, including biometric aspects. Other necessary measures are adopted using the management procedure of the comitology Decision. The Commission will submit a yearly progress report to the European Parliament and the Council, starting in the year following the signing of the contract for the development of the VIS. Context The Seville European Council on 21 and 22 June 2002 considered the establishment of a common identification system for visa data a top priority and called for its introduction as soon as possible. In response to this request, the Commission presented a feasibility study in May 2003. The Council welcomed the study in June 2003 and invited the Commission to continue its preparatory work on the development of the VIS. This Decision constitutes the required legal basis to allow for the inclusion of the necessary appropriations for the development of the VIS in the general budget of the EU. The Decision follows from the European Council in Thessaloniki on 19 and 20 June 2003, which deemed that orientations should be determined with regard to the planning for the development of the VIS, together with the appropriate legal basis permitting its establishment and the engagement of the necessary financial means. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Decision 2004/512/EC 5.7.2004 - OJ L 231 of 15.6.2004 RELATED ACTS Commission Decision 2008/602/EC of 17 June 2008 laying down the physical architecture and requirements of the national interfaces and of the communication infrastructure between the central VIS and the national interfaces for the development phase [Official Journal L 194 of 23.7.2008]. The Annex to this Decision establishes the design of the physical architecture and the network requirements for the NI-VIS and for the communication infrastructure between the NI-VIS and the CS-VIS. Report from the Commission to the European Parliament and the Council on the development of the Visa Information System (VIS) in 2012. [ COM(2013)232 final - not published in the Official Journal]. This report covers the work carried out by the Commission in 2012 and is the ninth and final report foreseen under Article 6 of Council Decision 2004/512/EC. The main points covered in the report are: The Final System Acceptance (FSA) was granted in August 2012 when the contractor was considered to have completed the development of the system and released from its contractual obligations in the project development. This important step marked the end of the development of the system in the sense of Council Decision 2004/512/EC and therefore the end of the yearly progress reports referred to in its Article 6. The VIS was successfully deployed in two more geographical regions: the Near East and the Gulf region. The successful and incident-free deployment of VIS in these regions covering 14 countries indicates that the system has matured to a very satisfactory level and that it can sustain operations in subsequent regions. The VIS Mail Communication Mechanism allows for the transmission of messages between Member States using the VIS network infrastructure. During the reporting period, work was focused on preparing the so-called Phase 2 of the VIS Mail, which will replace the Schengen consultation network (VISION system, under Council management) once the worldwide deployment of the VIS is completed. The Biometric Matching System (BMS) became operational together with the VIS, on 11 October 2011. The BMS, which provides fingerprint matching services to the VIS, was granted Final System Acceptance in March 2012 after 5 months of operations without incident. A contract was awarded in 2012 to cater for the technical maintenance of the VIS under working conditions and to improve the performance of the system over time, taking into account the increasing amount of data that will be inserted in the VIS in the coming years. The EU IT Agency eu-LISA took over the operational responsibility of VIS from the Commission on 1 December 2012. As of 22 November 2012, the VIS had successfully processed close to 1.9 million visa applications, of which 1.5 million resulted in Schengen visas issued, while close to 235 000 visas were refused. The central system had dealt with almost 40 million operations received from consulates around the world and border crossing points. Last updated: 11.02.2014


EUR-Lex - 32003R0782 - EN Avis juridique important | 32003R0782 Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships Official Journal L 115 , 09/05/2003 P. 0001 - 0011 Regulation (EC) No 782/2003 of the European Parliament and of the Councilof 14 April 2003on the prohibition of organotin compounds on shipsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),Having consulted the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) The Community is seriously concerned by the harmful environmental effects of organotin compounds used as anti-fouling systems on ships, and in particular of tributyltin (TBT) coatings.(2) An International Convention on the control of harmful anti-fouling systems on ships (AFS-Convention) was adopted on 5 October 2001 at a Diplomatic Conference (AFS-Conference) held under the aegis of the International Maritime Organisation (IMO) with the attendance of Member States of the Community.(3) The AFS-Convention is a framework convention allowing the prohibition of harmful anti-fouling systems used on ships in accordance with well-defined procedures and having due regard to the precautionary principle expressed in the Rio Declaration on Environment and Development.(4) The AFS-Convention, at this stage, only prohibits the application of organotin compounds on ships.(5) Fixed application dates have been included in the AFS-Convention: 1 January 2003 for the prohibition of the application of organotin compounds on ships and 1 January 2008 for the elimination of the presence of organotin compounds on ships.(6) The AFS-Convention will only enter into force 12 months after its ratification by at least 25 States representing at least 25 % of the world's tonnage.(7) Member States should ratify the AFS-Convention at the earliest opportunity.(8) Member States should be put in the best possible position for a speedy ratification of the AFS-Convention. Any obstacles which might impede such ratification should be removed.(9) The AFS-Conference, aware that the time remaining until 1 January 2003 might not be sufficient to enable the entry into force of the AFS-Convention by that date, and desiring that organotin compounds should effectively cease to be applied in shipping as from 1 January 2003, requested in AFS-Conference Resolution No 1 that IMO Member States do their utmost to prepare for implementing the AFS-Convention as a matter of urgency, and urged the relevant industries to refrain from the marketing, sale and application of organotin compounds by that date.(10) As an immediate follow-up to the AFS-Conference the Commission adopted Commission Directive 2002/62/EC of 9 July 2002 adapting to technical progress for the ninth time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (organostannic compounds)(4) in order to prohibit, with effect from 1 January 2003, the marketing and use of organostannic compounds in anti-fouling systems for all ships, irrespective of their length.(11) In the light of AFS-Conference Resolution No 1, additional steps are necessary for the implementation of measures concerning organotin compounds in order to ensure a general ban on TBT coating used on ships throughout the Community and its surrounding seas on the dates provided for by the AFS-Convention.(12) A Regulation is the appropriate legal instrument as it imposes on shipowners and Member States, directly and within a short time frame, precise requirements to be implemented at the same time and in the same manner throughout the Community. This Regulation, which should seek solely to prohibit organotin compounds, should not duplicate the AFS-Convention.(13) This Regulation should not affect the restrictions on the marketing and use of certain dangerous substances and preparations (organostannic compounds) laid down in Directive 76/769/EEC(5).(14) Uncertainty regarding the total prohibition of active TBT coatings should not be accepted at Community level; the world-wide shipping industry, which has to programme the maintenance of its ships, should be made aware clearly and in due time that, as from 1 January 2008, ships bearing an active TBT coating on their hulls will no longer be allowed in Community ports.(15) Third countries, particularly if they cannot benefit from the added value of a supranational regulation, might experience legal technical difficulties in imposing, through their national legislation, the prohibition on applying TBT coatings to their ships from the day on which the prohibition enters into force under this Regulation. The application of the prohibition in this Regulation on applying TBT coatings should therefore be suspended as regards ships sailing under the flag of a third State for an interim period beginning on 1 July 2003 and ending on the date of entry into force of the AFS-Convention.(16) Flag States which have banned the use of TBT coatings on their ships have an economic interest in ensuring that the AFS-Convention enters into force as soon as possible, in order to ensure a world-wide level playing field. This Regulation, which prohibits, as soon as possible, all ships flying the flag of a Member State from applying TBT coatings should constitute an incentive for flag States to ratify the AFS-Convention.(17) The definitions used and requirements imposed in this Regulation should as far as possible be based upon those used in the AFS-convention.(18) In order to ensure its application to offshore platforms, this Regulation should also apply to ships operating under the authority of a Member State. It should not apply to any warships or other government ships since the treatment of those ships is adequately covered under the AFS-Convention.(19) Imposing, as from 1 July 2003, the prohibition of active TBT coatings on all ships which are entitled to fly the flag of a Member State and whose anti-fouling system has been applied, changed or replaced after that date, should be an incentive for the shipping industry to implement the recommendation of AFS-Conference Resolution No 1.(20) It is appropriate to establish the same survey and certification regime as that provided for by the AFS-Convention. Under this Regulation all ships of 400 gross tonnage and above, irrespective of the nature of their voyage, should be surveyed, whilst ships of 24 metres or more in length but less than 400 gross tonnage should only have to carry a declaration of compliance with this Regulation or with the AFS-Convention. The Community should have the right to introduce a harmonised survey regime for these ships, if this proves necessary at a later stage.(21) For ships less than 24 metres in length, it is not necessary to provide for a specific survey or declaration since these ships, mainly recreational craft and fishing vessels, will be adequately covered under the provisions of Directive 76/769/EEC.(22) Certificates and documents issued in conformity with this Regulation, as well as AFS-Certificates and AFS-Declarations issued by Parties to the AFS-Convention, should be recognised.(23) If the AFS-Convention has not entered into force by 1 January 2007, the Commission should be permitted to adopt appropriate measures allowing ships flying the flag of a third State to demonstrate their compliance with this Regulation, as well as measures to control the implementation of these provisions.(24) The most appropriate regime for controlling the implementation of the prohibition of TBT coatings on ships and the requirements of the AFS-Convention is that laid down in Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control)(6) and amendments should be made to that Directive at the appropriate time. Having regard to the specific scope of that Directive, equivalent provisions should be applied to ships flying the flag of a Member State during the interim period.(25) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down procedures for the exercise of implementing powers conferred on the Commission(7).(26) In order to assess the achievement of the objective of this Regulation, the Commission should report to the European Parliament and the Council and propose, if necessary, any appropriate adjustments to the Regulation.(27) The entry into force of this Regulation should be such as to allow the effective prohibition of organotin compounds on ships as soon as possible,HAVE ADOPTED THIS REGULATION:Article 1ObjectiveThe purpose of this Regulation is to reduce or eliminate adverse effects on the marine environment and human health caused by organotin compounds, which act as active biocides in anti-fouling systems used on ships flying the flag of, or operating under the authority of, a Member State, and on ships, regardless of the flag they fly, sailing to or from ports of the Member States.Article 2DefinitionsFor the purpose of this Regulation:1. "anti-fouling system" means a coating, paint, surface treatment, surface, or device that is used on a ship to control or prevent attachment of unwanted organisms;2. "gross tonnage" means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex 1 to the International Convention on Tonnage Measurement of Ships, 1969, or any successor Convention;3. "length" means the length as defined in the International Convention on Load Lines, 1966, as modified by the Protocol of 1988 relating thereto, or any successor Convention;4. "ship" means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft, fixed or floating platforms, floating storage units (FSUs) and floating production storage and off-loading units (FPSOs);5. "AFS-Convention" means the International Convention on the control of harmful anti-fouling systems on ships, adopted on 5 October 2001, irrespective of its entry into force;6. "recognised organisation" means a body recognised in accordance with the provisions of Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations(8);7. "AFS-Certificate" means the certificate issued to ships in conformity with the provisions of Annex 4 to the AFS-Convention or, during the interim period, a certificate issued in accordance with the format laid down in Annex II to this Regulation, when it is issued by the administration of any Member State or by a recognised organisation acting on its behalf;8. "AFS-Declaration" means a declaration drawn up under the provisions of Annex 4 to the AFS-Convention or, during the interim period, a declaration signed by the owner or the owner's authorised agent and drawn up in accordance with the format laid down in Annex III to this Regulation;9. "AFS-Statement of Compliance" means a document recording compliance with Annex 1 to the AFS-Convention, issued by a recognised organisation on behalf of the administration of a Member State;10. "interim period" means the period beginning on 1 July 2003 and ending on the date of entry into force of the AFS-Convention.Article 3Scope1. This Regulation shall apply to:(a) ships flying the flag of a Member State,(b) ships not flying the flag of a Member State but operating under the authority of a Member State, and(c) ships that enter a port or offshore terminal of a Member State but do not fall within points (a) or (b).2. This Regulation shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service.Article 4Prohibition of the application of organotin compounds which act as biocidesAs from 1 July 2003, organotin compounds which act as biocides in anti-fouling systems shall not be applied or re-applied on ships.However, during the interim period this provision shall only apply to ships referred to in points (a) or (b) of Article 3(1).Article 5Prohibition of the bearing of organotin compounds which act as biocides1. Ships entitled to fly the flag of a Member State as from 1 July 2003, and whose anti-fouling system has been applied, changed or replaced after that date, shall not bear organotin compounds which act as biocides in anti-fouling systems on their hulls or external parts and surfaces, unless they bear a coating that forms a barrier to such compounds to prevent them leaching from the underlying non-compliant anti-fouling system.2. As from 1 January 2008 the ships referred to in Article 3(1) shall either not bear organotin compounds which act as biocides in anti-fouling systems on their hulls or external parts and surfaces, or bear a coating that forms a barrier to such compounds leaching from the underlying non-compliant anti-fouling system.3. Paragraphs 1 and 2 shall not apply to fixed and floating platforms, FSUs and FPSOs constructed prior to 1 July 2003 that have not been in dry-dock on or after that date.Article 6Survey and certification1. The following shall apply as regards the survey and certification of ships flying the flag of a Member State:(a) Ships of 400 gross tonnage and above, excluding fixed or floating platforms, FSUs and FPSOs, shall be surveyed and certified as from 1 July 2003 in accordance with the requirements laid down in Annex I, before the ship is put into service for the first time, or when the anti-fouling systems are changed or replaced.(b) Ships of 24 metres or more in length, but less than 400 gross tonnage, excluding fixed or floating platforms, FSUs and FPSOs, shall carry an AFS-Declaration to demonstrate compliance with Articles 4 and 5.If necessary, the Commission, in accordance with the procedure referred to in Article 9(2), may establish a harmonised survey and certification regime for these ships.(c) Member States may establish appropriate measures for ships not covered by points (a) and (b) in order to ensure compliance with this Regulation.2. The following shall apply as regards the recognition of certificates, declarations and statements of compliance:(a) as from 1 July 2003, Member States shall recognise any AFS-Certificate;(b) until a year after the date referred to in point (a), Member States shall recognise any AFS-Statement of Compliance;(c) as from 1 July 2003, Member States shall recognise any AFS-Declaration.These declarations shall be accompanied by appropriate documentation (such as a paint receipt or a contractor invoice) or contain an appropriate endorsement.3. If the AFS-Convention has not entered into force by 1 January 2007, the Commission, in accordance with the procedure referred to in Article 9(2), shall adopt appropriate measures in order to allow ships flying the flag of a third State to demonstrate their compliance with Article 5.Article 7Port State controlDuring the interim period Member States shall apply control provisions equivalent to those laid down in Directive 95/21/EC to ships of 400 gross tonnage and above flying the flag of a Member State. With regard to the inspections and detection of breaches, Member States shall be guided by the provisions of Article 11 of the AFS-Convention.If the AFS-Convention has not entered into force by 1 January 2007, the Commission, in accordance with the procedure referred to in Article 9(2), shall establish appropriate procedures for these controls.Article 8AdaptationsIn order to take account of developments at international level and in particular in the International Maritime Organisation (IMO), or to improve the effectiveness of this Regulation in the light of experience, the references to the AFS-Convention, to the AFS-Certificate, to the AFS-Declaration and to the AFS-Statement of Compliance and/or the Annexes to this Regulation, including relevant IMO guidelines in relation to Article 11 of the AFS-Convention, may be amended in accordance with the procedure referred to in Article 9(2).Article 9Committee1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships established by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 concerning the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the regulations on maritime safety and the prevention of pollution from ships(9), hereinafter referred to as "the COSS".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. The COSS shall adopt its rules of procedure.Article 10EvaluationBy 10 May 2004, the Commission shall report to the European Parliament and the Council on the state of ratification of the AFS-Convention and provide information on the extent to which organotin compounds, which act as biocides in anti-fouling systems on ships, are still used on ships not flying the flag of a Member State operating to or from Community ports. In the light of this report the Commission may propose, if necessary, amendments to ensure accelerated reduction of the contribution by ships not flying the flag of a Member State to the presence of harmful anti-fouling compounds in the waters under the jurisdiction of Member States.Article 11Entry into forceThis Regulation shall enter into force on the day following that of 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 Luxembourg, 14 April 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentA. Giannitsis(1) OJ C 262 E, 29.10.2002, p. 492.(2) Opinion delivered on 11 December 2002 (not yet published in the Official Journal).(3) Opinion of the European Parliament of 20 November 2002 (not yet published in the Official Journal) and Decision of the Council of 17 March 2003.(4) OJ L 183, 12.7.2002, p. 58.(5) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2003/3/EC (OJ L 4, 9.1.2003, p. 12).(6) OJ L 157, 7.7.1995, p. 1. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).(7) OJ L 184, 17.7.1999, p. 23.(8) OJ L 319, 12.12.1994, p. 20. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council.(9) OJ L 324, 29.11.2002, p. 1.ANNEX ISurveys and certification requirements for anti-fouling systems on ships flying the flag of a Member State1. Surveys1.1. Ships of 400 gross tonnage and above, excluding fixed or floating platforms, FSUs, and FPSOs, shall, as from 1 July 2003, be subject to the following:(a) an initial survey before the ship is put into service or when the ship is for the first time in a dry-dock for the application of anti-fouling systems; and(b) a survey when the anti-fouling systems are changed or replaced. Such surveys shall be endorsed on the certificate required under point 2.1.1.2. The survey shall be such as to ensure that the ship's anti-fouling system fully complies with Articles 4 and 5 of this Regulation.1.3. Surveys shall be carried out by officers duly authorised by the administration of the Member State, or of another Member State, or of a party to the AFS-Convention, or by a surveyor nominated for the purpose by one of those administrations, or by a recognised organisation acting on behalf of the administration.1.4. Unless provided otherwise in this Regulation, Member States shall for the surveys referred to in point 1.1 follow the requirements laid down in Annex 4 to the AFS-Convention, as well as the guidelines for surveys and certification of anti-fouling systems on ships annexed to Resolution MEPC 101(48), adopted on 11 October 2002 by the Marine Environment Protection Committee of the IMO.2. Certification2.1. After completion of a survey referred to in point 1.1(a) or (b), a Member State which is not yet a Party to the AFS-Convention shall issue a certificate in accordance with the format laid down in Annex II. A Member State which is a Party to the AFS-Convention shall issue an AFS-Certificate.2.2. A Member State may rely upon an AFS-Statement of Compliance for the demonstration of compliance with the requirements of Articles 4 and 5 of this Regulation. A certificate referred to in point 2.1 shall replace this AFS-Statement at the latest a year after the date referred to in point 1.1.2.3. Member States shall require that a ship referred to in point 1.1 carries a certificate issued in accordance with point 2.1.2.4. Member States shall, for the purposes of the certification referred to in point 2.1, follow the requirements laid down in Annex 4 to the AFS-Convention.ANNEX II>PIC FILE= "L_2003115EN.000702.TIF">>PIC FILE= "L_2003115EN.000801.TIF">>PIC FILE= "L_2003115EN.000901.TIF">>PIC FILE= "L_2003115EN.001001.TIF">ANNEX III>PIC FILE= "L_2003115EN.001102.TIF">

Summary: Protecting the sea and the food chain from the effects of organotin compounds Protecting the sea and the food chain from the effects of organotin compounds A ban on the use of certain chemical compounds on ships and nets can help protect the marine environment and human health. ACT Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships SUMMARY WHAT DOES THE REGULATION DO? This regulation incorporates the rules of the International Maritime Organisation’s (IMO) Anti-Fouling Systems (AFS) Convention* into European Union (EU) law. It aims to prohibit organotin compounds on all ships entering EU ports in order to reduce or eliminate the adverse effects of these products. KEY POINTS What are organotin compounds? Organotin compounds are chemicals from anti-fouling paints used on boat hulls and nets. These surface coatings act as biocides, designed to prevent the attachment of algae, molluscs and other organisms which slow down vessel speeds. What are their effects? They are highly toxic for sea life (larvae, mussels, oysters and fish) and, for this reason, have been banned in many EU countries. The regulation applies to: ships flying the flag of an EU country; ships not flying the flag of an EU country but operating under the authority of an EU country; ships entering a port in an EU country but not covered by the two previous points. It does not apply to any warship, naval auxiliary or other ships owned by a State, whether part of the EU or not, and used on government service. It imposes the following restrictions: from 1 July 2003, organotin compounds which act as biocides in AFS may no longer be applied on ships flying the flag of an EU country; from 1 January 2008, ships entering port in an EU country must either bear no coating of organotin compounds acting as biocides or must bear a second layer to prevent organotin compounds escaping from the non-compliant anti-fouling under layer. Survey and certification The regulation introduces a survey and certification system for ships flying the flag of an EU country. It requires: ships of 400 gross tonnage and above to be surveyed and certified, irrespective of the voyage; ships of 24 metres or more in length, but less than 400 gross tonnage, to simply carry a declaration of compliance with the regulation or with the AFS Convention. no survey or certification is envisaged for ships of less than 24 metres in length, i.e. mainly pleasure and fishing boats. Commission Regulation (EC) No 536/2008, which amends the original regulation, sets out how ships flying the flag of a non EU country must comply with the restrictions. It requires: ships flying the flag of a State which is party to the AFS Convention to show their compliance through an international AFS certificate; ships flying the flag of a State which is not a party to the AFS Convention to hold a statement of compliance issued by the flag State in accordance with the AFS Convention and the Marine Environment Protection Committee (MEPC) of the IMO. KEYWORDS * International Convention on the Control of Harmful Anti-Fouling Systems : an agreement prohibiting the use of harmful organotins in anti-fouling paints used on ships and which creates a mechanism to prevent the potential future use of other harmful substances in AFS. For more information, see AFS on the European Maritime Safety Agency’s website. REFERENCES Act Date of entry into force Deadline for implementation in the Member States Official Journal Regulation (EC) No 782/2003 10.5.2003 - OJ L 115, 9.5.2003, pp. 1-11 Amending act(s) Date of entry into force Deadline for implementation in the Member States Official Journal Regulation (EC) No 536/2008 4.7.2008 - OJ L 156, 14.6.2008, pp. 10-11 Regulation (EC) No 219/2009 20.4.2009 - OJ L 87, 31.3.2009, pp. 109-154 last update 25.08.2015


EUR-Lex - 32003R1358 - EN Avis juridique important | 32003R1358 Commission Regulation (EC) No 1358/2003 of 31 July 2003 implementing Regulation (EC) No 437/2003 of the European Parliament and of the Council on statistical returns in respect of the carriage of passengers, freight and mail by air and amending Annexes I and II thereto (Text with EEA relevance) Official Journal L 194 , 01/08/2003 P. 0009 - 0033 Commission Regulation (EC) No 1358/2003of 31 July 2003implementing Regulation (EC) No 437/2003 of the European Parliament and of the Council on statistical returns in respect of the carriage of passengers, freight and mail by air and amending Annexes I and II thereto(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 437/2003 of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air(1), and in particular Article 10 thereof,Whereas:(1) In accordance with Article 10 of Regulation (EC) No 437/2003, the Commission should lay down the arrangements for implementing that Regulation.(2) It is necessary to establish the list of Community airports, apart from those having only occasional commercial traffic, and the derogations to be provided.(3) It is necessary to specify the format in which the data are to be transmitted, in sufficient detail to ensure that such data can be processed rapidly and in a cost-effective way.(4) The arrangements concerning the dissemination of the statistical results should be drawn up.(5) In accordance with the first indent of Article 10 of Regulation (EC) No 437/2003, the Commission should also adapt the specifications in the Annexes thereto.(6) The record structure for data transmission, the codes and the definitions set out in Annexes I and II to Regulation (EC) No 437/2003 need to be adapted.(7) Regulation (EC) No 437/2003 should therefore be amended accordingly.(8) The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee set up by Decision 89/382/EEC/Euratom(2),HAS ADOPTED THIS REGULATION:Article 1For the purposes of Article 3(2), (4) and (5) of Regulation (EC) No 437/2003, the list of Community airports, apart from those having only occasional commercial traffic, and the derogations, shall be as specified in Annex I to this Regulation.Article 2For the purposes of Article 7 of Regulation (EC) No 437/2003, the results shall be transmitted according to the description of the data files and transmission medium defined in Annex II to this Regulation.Article 3For the purposes of Article 8(1) of Regulation (EC) No 437/2003, the Commission shall disseminate all data not declared as confidential by the Member States, on any medium and with any data structure.Article 4Annexes I and II to Regulation (EC) No 437/2003 are replaced by the text set out in Annex III to this Regulation.Article 5This Regulation shall enter into force on the 20th 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, 31 July 2003.For the CommissionPedro Solbes MiraMember of the Commission(1) OJ L 66, 11.3.2003, p. 1.(2) OJ L 181, 28.6.1989, p. 47.ANNEX IAIRPORT CATEGORIES, LISTS OF COMMUNITY AIRPORTS AND DEROGATIONSI. Airport categories and reference periods taken into accountFour categories of Community airports can be defined:- category 0: Airports with less than 15000 passenger units per year are considered as having only "occasional commercial traffic", so have, according to Article 3(3), no obligation to report,- category 1: Airports with between 15000 and 150000 passenger units per year shall transmit only table C1,- category 2: Airports with more than 150000 passenger units and less than 1500000 passenger units per year shall transmit all tables listed in Annex I, but may, according to the terms of Article 3(4), benefit from complete or partial derogations until year 2003, 2004 or 2005,- category 3: Airports with at least 1500000 passenger units per year shall transmit all tables listed in Annex I, but may, according to the terms of Article 3(5), benefit from a complete or partial derogation on table B1, in year 2003 only.For the purpose of defining the airport category in year N, the reference year taken into account for the calculation of the passenger units is:- for category 0, 1 and 2 airports: year N-2,- for category 3 airports: year N (except for the reporting of year 2003 tables where 2001 passenger units are taken into account and for the reporting of year 2004 tables where 2003 passenger units are taken into account).Airports for which passenger units decreased between year N-2 and year N-1 may use year N-1 as the reference year for their classification.II. Permitted derogationsSummary table by reporting year and according to the Community airport size category.>TABLE>Derogations can be either partial or total.Partial derogations can only be granted for the following fields: "airline information" and "passenger seats available".In case a partial derogation is granted for these fields, an "unknown code" shall be reported instead of the expected code (for the "Passenger seats available" field, the unknown code to be used is "999999999999").If a derogation was granted for an airport in year N but the airport changes category in year N, then the derogation is no longer valid for that year.III. List of Community airports covered and derogationsCommunity airports having only occasional commercial traffic (category 0) have no obligation to report. They are therefore excluded from the following lists.Category 1 airports are mentioned in italic font in the following lists.Category 2 airports are mentioned in normal font in the following lists.Category 3 airports are mentioned in bold font in the following lists.Category 3 airports for which a derogation for table B1 is granted in 2003 are marked with an X in column (4) in case of a total derogation and a P in column (4) in case of a partial derogation.Category 2 airports for which a derogation for table A1 and/or B1 is granted until year N (year 2003, 2004 or 2005) are marked with "year N" in column (5.1) and/or (5.2). In case only a partial derogation is granted, a "P" follows the year.Category "1" or "2" airports for which a derogation for table C1 is granted until year N (year 2003, 2004 or 2005) are marked with "year N" in column (5.3). In case only a partial derogation is granted, a "P" follows the year.Details related to partial derogations (if any) follow the tables.Belgium: List of Community airports and derogations>TABLE>Denmark: List of Community airports and derogations>TABLE>Partial derogations are applicable to the "passenger seats available" (table A1) field.Germany: List of Community airports and derogations>TABLE>Greece: List of Community airports and derogations>TABLE>Spain: List of Community airports and derogations>TABLE>France: List of Community airports and derogations>TABLE>Partial derogations are applicable to the "passenger seats available" (Table A1) field.Ireland: List of Community airports and derogations>TABLE>Partial derogations are applicable to the "airline information" field.Italy: List of Community airports and derogations>TABLE>Luxembourg: List of Community airports and derogations>TABLE>Netherlands: List of Community airports and derogations>TABLE>Partial derogations are applicable to the "passenger seats available" and "airline information" fields.Austria: List of Community airports and derogations>TABLE>Portugal: List of Community airports and derogations>TABLE>Finland: List of Community airports and derogations>TABLE>Sweden: List of Community airports and derogations>TABLE>United Kingdom: List of Community airports and derogations>TABLE>ANNEX IIDESCRIPTION OF THE DATA FILES AND TRANSMISSION MEDIUMTwo EDI compatible formats are acceptable for the transmission of the regulation tables: "CSV" (Comma Separated Values) with semicolon (;) as field separator and GESMES-EDIFACT.List and description of the fields to be used for each table of the Regulation:The following summary table gives for each table of the regulation (A1, B1 and C1) and each record (line), the list of fields to be provided. Two different types of fields are marked in the column associated to the relevant table:- "X": fields that have to be provided for a table,- " " (space): fields not relevant for the table. These fields should normally not be provided in the related tables. Nevertheless empty fields (two fields separator without data between) are also acceptable in this case.Format and size of the fields:The format of each field is either numeric (n) or alphabetic (a) or alphanumeric (an)The size is either fixed ("format + number" - e.g.: "n4") or variable with a maximum number of positions ("format + '..' + maximum number of positions - e.g.: 'n..12'").>TABLE>One table (for one period) should correspond to one file (or "consignment") transmitted to EurostatEach file (table) should be named according to the following standard: "CCYYPPTT.csv" (for csv format) or: "CCYYPPTT.ges" (for gesmes format): where "CC" represents the Country Code (ISO alpha2), "YY" the Year, "PP" the period (AN, Q1..Q4 or 01..12) and "TT", the Table-ID ("A1", "B1" or "C1").In case the file is compressed, the ".zip" suffix should be used instead of ".csv" or ".ges".The transmission mean shall be compatible with an automatic monitoring and processing of data in Eurostat.EDI compatible tools should be favoured. Nevertheless, "Pre-EDI" tools as well as structured e-mail sent to an address given by Eurostat could also be accepted in a transitional period.In case a structured e-mail is used, then:- the subject field of the e-mail should contain the name of the file (table) to be transmitted,- the file (table) should be attached to the e-mail (only one file attached per e-mail is acceptable),- comments on data can be entered as plain text in the body of the message to which a table is attached (formatted text shall not be used).ANNEX IIIAmendments to the Annexes of Regulation (EC) No 437/2003"ANNEX IRECORD STRUCTURE FOR DATA TRANSMISSION TO EUROSTATThe scope of the data to be reported is limited to civil aviation.State flights and movements by surface modes of either passengers travelling with a flight code or freight shipped using an air waybill are excluded.A. Flight stage table (monthly data(1))Data reported in this table refer to commercial air services only.Data file record format>TABLE>B. On flight origin/destination table (monthly data(2))Data reported in this table refer to commercial air services only.Data file record format>TABLE>C. Airports table (at least annual data)Data reported in this table refer to commercial air services only, with the exception of "total commercial aircraft movements" which also refers to all commercial general aviation operations and "total aircraft movements" which refers to all civil aircraft movements (except State flights).Data file record format>TABLE>CODES1. Reporting countryThe coding system to be used is derived from the ICAO index to nationality letters for location indicators. If several ICAO prefixes exist for the same country, only the main ICAO prefix of the mainland is applicable.Belgium EBDenmark EKGermany EDGreece LGSpain LEFrance LFIreland EIItaly LILuxembourg ELNetherlands EHAustria LOPortugal LPFinland EFSweden ESUnited Kingdom EG2. Reference periodAN (or 45) yearQ1 (or 21) January-March (first quarter)Q2 (or 22) April-June (second quarter)Q3 (or 23) July-September (third quarter)Q4 (or 24) October-December (fourth quarter)01 to 12 January to December (month)3. AirportsAirports shall be coded according to the ICAO four-letter codes as listed in ICAO document 7910. Unknown airports should be coded as "ZZZZ".4. Airline information"1EU" for airlines licensed in the European Union,"1NE" for airlines not licensed in the European Union,"ZZZ" for unknown airlines,"888" for "confidential" (to be used in tables A1 and B1 if an "information on the airline" is not allowed for confidentiality reasons),"999" for all airlines (to be used in table C1 only).Airlines partly licensed in EU shall be reported as "EU airlines".On a voluntary basis, the code "2"+Iso alpha 2 country code (country of licensing of the airline) could also be used as well as the ICAO airline code.5. Aircraft typeAircraft types shall be coded according to ICAO aircraft type designators as listed in ICAO document 8643.Unknown aircraft types should be coded as "ZZZZ".(1) In 2003 quarterly data can be accepted.(2) In 2003 quarterly data can be accepted.ANNEX IIDEFINITIONS AND STATISTICS TO BE REPORTEDFollowing the header of each definition, the list of articles or tables of the regulation where a reference to the term is made can be found.I. DEFINITIONS AND VARIABLES OF GENERAL INTEREST1. Community airport (Articles 1 and 3)A defined area on land or water in a Member State subject to the provisions of the treaty, which is intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft and open for commercial air services(see -4-).2. State flight (Article 1 and table C1)Any flight performed by aircraft for military, customs, police or other law enforcement services of a State.Any flight declared as a "State flight" by State authorities.The expression "except for flights by States aircraft" in Article 1 should be interpreted as "except for State flights".3. Passenger unit (Article 3(2), (4) and (5))One passenger unit is equivalent to either one passenger or 100 kilograms of freight and mail.For the purpose of drawing up the list of Community airports(see-1-) as referred to in Article 3(2) and for the transitional period referred to in Article 3(4) and (5), the calculation of thresholds using "passenger units" has to take into account at Community airports(see-1-), the total passengers carried(see-16-) plus the total direct transit passengers(see-18-) (counted once) plus the total freight and mail loaded and unloaded(see-17-).4. Commercial air service (Article 1 and tables A1, B1, C1)An air transport flight or series of flights for the public transport of passengers and/or freight and mail, for remuneration or for hire.The air service may be either scheduled(-5-) or non-scheduled(-6-).5. Scheduled air service (Tables A1 and B1)A commercial air service(see-4-) operated according to a published timetable, or with such a regular frequency that it constitutes an easily recognisable systematic series of flights.Includes extra section flights occasioned by overflow traffic from scheduled flights.6. Non-scheduled air service (Tables A1 and B1)A commercial air service(see-4-) other than scheduled air service(see-5-).7. Passenger air service (Tables A1 and B1)Scheduled(see-5-) or non-scheduled air service(see-6-) performed by aircraft carrying one or more revenue passengers and any flights listed in published timetables as open to passengers.Includes flights carrying both revenue passengers and revenue freight and mail.8. All-freight and mail air service (Tables A1 and B1)Scheduled(see-5-) or non-scheduled air service(see-6-) performed by aircraft carrying revenue loads other than revenue passengers, i.e. freight and mail.Excludes flights carrying one or more revenue passengers and flights listed in published timetables as open to passengers.9. Airline (Commercial air transport operator) (Tables A1, B1 and C1)An air transport undertaking with a valid operating licence for operating commercial air flights(see-13-).Where airlines have joint-venture or other contractual arrangements requiring two or more of them to assume separate responsibility for the offer and sale of air transport products for a flight or combination of flights, the airline actually operating the flight shall be reported.II. DEFINITIONS AND VARIABLES OF INTEREST FOR TABLE A1 (FLIGHT STAGE)10. Flight stage (Table A1)The operation of an aircraft from take-off to its next landing.11. Passengers on board (Table A1)All passengers on board of the aircraft upon landing at the reporting airport or at taking off from the reporting airport.All revenue and non revenue passengers on board an aircraft during a flight stage(see-10-).Includes direct transit passengers(see-18-) (counted at arrivals and departures).12. Freight and mail on board (Table A1)All freight and mail on board of the aircraft upon landing at the reporting airport or at taking off from the reporting airport.All freight and mail on board an aircraft during a flight stage(see-10-).Includes direct transit freight and mail (counted at arrivals and departures).Includes express services and diplomatic bags.Excludes passenger baggage.13. Commercial air flight (Table A1)An air transport flight performed for the public transport of passengers and/or freight and mail, for remuneration and for hire.In table A1, the commercial air flights are aggregated to calculate the other "indicator fields" ("Passengers on board(see-11-)", "Freight and mail on board(see-12-)" and "Passenger seats available(see-14-)").14. Passenger seats available (Table A1)The total number of passenger seats available for sale on an aircraft operating a flight stage(see-10-) between a pair of airports.On a flight stage(-10-), the total number of revenue passengers should not exceed the total number of passenger seats available for sale.Includes seats which are already sold on a flight stage i.e. including those occupied by direct transit passengers(see-18-).Excludes seats not actually available for the carriage of passengers because of maximum gross weight limitations.If information on this basis is not available, then one of the following estimates should be provided in order of preference (from more to less adequate):1. the specific aircraft configuration expressed in number of passenger seats available in the aircraft (identified by aircraft registration number),2. the average aircraft configuration expressed in average number of passenger seats available for the type of aircraft for the airline,3. the average aircraft configuration expressed in average number of passenger seats available for the type of aircraft.III. DEFINITIONS AND VARIABLES OF INTEREST FOR TABLE B1 (ON FLIGHT ORIGIN AND DESTINATION) AND TABLE C1 (AIRPORTS)15. On flight origin and destination (Table B1)Traffic on a commercial air service(see-4-) identified by a unique flight number subdivided by airport pairs in accordance with point of embarkation and point of disembarkation on that flight.For passengers, freight or mail where the airport of embarkation is not known, the aircraft origin should be deemed to be the point of embarkation; similarly, if the airport of disembarkation is not known, the aircraft destination should be deemed to be the point of disembarkation.16. Passengers carried (Tables B1 and C1)All passengers on a particular flight (with one flight number) counted once only and not repeatedly on each individual stage of that flight.All revenue and non revenue passengers whose journey begins or terminates at the reporting airport and transfer passengers joining or leaving the flight at the reporting airport.Excludes direct transit passengers(see-18-).17. Freight and mail loaded or unloaded (Tables B1 and C1)All freight and mail loaded onto or unloaded from an aircraft.Includes express services and diplomatic bags.Excludes passenger baggage.Excludes direct transit freight and mail.18. Direct transit passengers (Table C1)Passengers who, after a short stop, continue their journey on the same aircraft on a flight having the same flight number as the flight on which they arrive.In total airport statistics as well as for the calculation of the passenger units(see-3-), passengers in direct transit are counted once only.Passengers who change aircraft because of technical problems but continue on a flight with the same flight number are counted as direct transit passengers.On some flights with intermediate stops, the flight number changes at an airport to designate the change between an inbound and outbound flight. An example is a flight from Barcelona to Hamburg where the flight continues to Frankfurt before returning to Barcelona. Where passengers for an intermediate destination continue their journey on the same aircraft in such circumstances, they should be counted as direct transit passengers.19. Total commercial aircraft movements (Table C1)All take-offs and landings for flights performed for remuneration and for hire.Includes commercial air services(-4-) as well as all commercial general aviation operations.20. Total aircraft movements (Table C1)All take-offs and landings of aircraft.Includes total commercial aircraft movements(-19-) as well as non-commercial general aviation operations.Excludes State flights(-2-).Excludes Touch and goes, overshoots and unsuccessful approaches."

Summary: Statistics in respect of the carriage of passengers, freight and mail by air Statistics in respect of the carriage of passengers, freight and mail by air SUMMARY OF: Regulation (EC) No 437/2003 on collecting statistics about air passengers, freight and mail Regulation (EC) No 1358/2003 implementing and amending Regulation (EC) No 437/2003 WHAT IS THE AIM OF THE REGULATIONS? In order to formulate the EU’s aviation policy, it needs to have comparable, consistent, synchronised and regular statistical data on the scale and development of the carriage of passengers, freight and mail by air within the EU. Regulation (EC) No 437/2003, therefore, aims to establish a solid statistical base for this purpose. It is complemented by Implementing Regulation (EC) No 1358/2003 which contains important methodological information, such as airport categories on which reporting obligations are based, further definitions and coding guidelines. KEY POINTS The objective of Regulation (EC) No 437/2003 is to collect reliable, regular, up-to-date, harmonised and comparable information on the carriage of passengers, freight and mail by air. Collecting common data on a comparable or harmonised basis makes it possible to provide an integrated system supplying reliable, consistent and prompt information. Each EU country must collect statistical data on: passengers; freight and mail; flights; passenger seats available; aircraft movements. Each EU country must also collect all the specified data for all EU airports in its territory with more than150,000 passengers per year. Less-detailed statistics must be collected for airports with between 15,000 and 150,000 passengers, while airports with fewer than 15,000 passengers do not have to report. Where possible, the collection of data must be based on available sources so as to minimise the burden on respondents. Where an EU country calls upon a respondent to provide information, the respondent is obliged to give true and complete information within the given deadline. The collection of data must be based on complete returns unless other standards of accuracy are established by the European Commission. EU countries must transmit the results of the data processing, including data declared confidential, to Eurostat. At the request of the Commission, EU countries must communicate all information concerning the methods used in the collection of data, as well as any substantive changes to those methods. Regulation (EC) No 1358/2003 establishes the list of EU airports (apart from those having only occasional commercial traffic). It contains very important methodological information — such as categories of airports — based on which the reporting obligations are set up, as well as additional definitions and codification guidelines. FROM WHEN DO THE REGULATIONS APPLY? Regulation (EC) No 437/2003 has applied since 31 March 2003. Regulation (EC) No 1358/2003 has applied since 21 August 2003. BACKGROUND For more information, see: Reference Manual on Air Transport Statistics (Eurostat) Eurostat transport database (Eurostat) Air transport statistics (Eurostat). MAIN DOCUMENTS Regulation (EC) No 437/2003 of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air (OJ L 66, 11.3.2003, pp. 1-8) Successive amendments to Regulation (EC) No 437/2003 have been incorporated into the basic text. This consolidated version is of documentary value only. Commission Regulation (EC) No 1358/2003 of 31 July 2003 implementing Regulation (EC) No 437/2003 of the European Parliament and of the Council on statistical returns in respect of the carriage of passengers, freight and mail by air and amending Annexes I and II thereto (OJ L 194, 1.8.2003, pp. 9-33) See consolidated version. last update 13.04.2018


EUR-Lex - 31999L0070 - EN Avis juridique important | 31999L0070 Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP Official Journal L 175 , 10/07/1999 P. 0043 - 0048 COUNCIL DIRECTIVE 1999/70/ECof 28 June 1999concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEPTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 139(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) Following the entry into force of the Treaty of Amsterdam the provisions of the Agreement on social policy annexed to the Protocol on social policy, annexed to the Treaty establishing the European Community have been incorporated into Articles 136 to 139 of the Treaty establishing the European Community;(2) Management and labour (the social partners) may, in accordance with Article 139(2) of the Treaty, request jointly that agreements at Community level be implemented by a Council decision on a proposal from the Commission;(3) Point 7 of the Community Charter of the Fundamental Social Rights of Workers provides, inter alia, that "the completion of the internal market must lead to an improvement in the living and working conditions of workers in the European Community. This process must result from an approximation of these conditions while the improvement is being maintained, as regards in particular forms of employment other than open-ended contracts, such as fixed-term contracts, part-time working, temporary work and seasonal work";(4) The Council has been unable to reach a decision on the proposal for a Directive on certain employment relationships with regard to distortions of competition(1), nor on the proposal for a Directive on certain employment relationships with regard to working conditions(2);(5) The conclusions of the Essen European Council stressed the need to take measures with a view to "increasing the employment-intensiveness of growth, in particular by a more flexible organisation of work in a way which fulfils both the wishes of employees and the requirements of competition";(6) The Council Resolution of 9 February 1999 on the 1999 Employment Guidelines invites the social partners at all appropriate levels to negotiate agreements to modernise the organisation of work, including flexible working arrangements, with the aim of making undertakings productive and competitive and achieving the required balance between flexibility and security;(7) The Commission, in accordance with Article 3(2) of the Agreement on social policy, has consulted management and labour on the possible direction of Community action with regard to flexible working time and job security;(8) The Commission, considering after such consultation that Community action was desirable, once again consulted management and labour on the substance of the envisaged proposal in accordance with Article 3(3) of the said Agreement;(9) The general cross-industry organisations, namely the Union of Industrial and Employers' Confederations of Europe (UNICE), the European Centre of Enterprises with Public Participation (CEEP) and the European Trade Union Confederation (ETUC), informed the Commission in a joint letter dated 23 March 1998 of their desire to initiate the procedure provided for in Article 4 of the said Agreement; they asked the Commission, in a joint letter, for a further period of three months; the Commission complied with this request extending the negotiation period to 30 March 1999;(10) The said cross-industry organisations on 18 March 1999 concluded a framework agreement on fixed-term work; they forwarded to the Commission their joint request to implement the framework agreement by a Council Decision on a proposal from the Commission, in accordance with Article 4(2) of the Agreement on social policy;(11) The Council, in its Resolution of 6 December 1994 on "certain aspects for a European Union social policy: a contribution to economic and social convergence in the Union"(3), asked management and labour to make use of the opportunities for concluding agreements, since they are as a rule closer to social reality and to social problems;(12) The signatory parties, in the preamble to the framework agreement on part-time work concluded on 6 June 1997, announced their intention to consider the need for similar agreements relating to other forms of flexible work;(13) Management and labour wished to give particular attention to fixed-term work, while at the same time indicating that it was their intention to consider the need for a similar agreement relating to temporary agency work;(14) The signatory parties wished to conclude a framework agreement on fixed-term work setting out the general principles and minimum requirements for fixed-term employment contracts and employment relationships; they have demonstrated their desire to improve the quality of fixed-term work by ensuring the application of the principle of non-discrimination, and to establish a framework to prevent abuse arising from the use of successive fixed-term employment contracts or relationships;(15) The proper instrument for implementing the framework agreement is a directive within the meaning of Article 249 of the Treaty; it therefore binds the Member States as to the result to be achieved, whilst leaving them the choice of form and methods;(16) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore be better achieved by the Community; this Directive limits itself to the minimum required for the attainment of those objectives and does not go beyond what is necessary for that purpose;(17) As regards terms used in the framework agreement but not specifically defined therein, this Directive allows Member States to define such terms in conformity with national law or practice as is the case for other Directives on social matters using similar terms, provided that the definitions in question respect the content of the framework agreement;(18) The Commission has drafted its proposal for a Directive, in accordance with its Communication of 14 December 1993 concerning the application of the agreement on social policy and its Communication of 20 May 1998 on adapting and promoting the social dialogue at Community level, taking into account the representative status of the contracting parties, their mandate and the legality of each clause of the framework agreement; the contracting parties together have a sufficiently representative status;(19) The Commission informed the European Parliament and the Economic and Social Committee by sending them the text of the agreement, accompanied by its proposal for a Directive and the explanatory memorandum, in accordance with its communication concerning the implementation of the Protocol on social policy;(20) On 6 May 1999 the European Parliament adopted a Resolution on the framework agreement between the social partners;(21) The implementation of the framework agreement contributes to achieving the objectives in Article 136 of the Treaty,HAS ADOPTED THIS DIRECTIVE:Article 1The purpose of the Directive is to put into effect the framework agreement on fixed-term contracts concluded on 18 March 1999 between the general cross-industry organisations (ETUC, UNICE and CEEP) annexed hereto.Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 10 July 1999, or shall ensure that, by that date at the latest, management and labour have introduced the necessary measures by agreement, the Member States being required to take any necessary measures to enable them at any time to be in a position to guarantee the results imposed by this Directive. They shall forthwith inform the Commission thereof.Member States may have a maximum of one more year, if necessary, and following consultation with management and labour, to take account of special difficulties or implementation by a collective agreement. They shall inform the Commission forthwith in such circumstances.When Member States adopt the provisions referred to in the first paragraph, 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 the Member States.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Luxembourg, 28 June 1999.For the CouncilThe PresidentM. NAUMANN(1) OJ C 224, 8.9.1990, p. 6. and OJ C 305, 5.12.1990, p. 8.(2) OJ C 224, 8.9.1990, p. 4.(3) OJ C 368, 23.12.1994, p. 6.ANNEXETUC-UNICE-CEEPframework agreement on fixed-term workPreambleThis framework agreement illustrates the role that the social partners can play in the European employment strategy agreed at the 1997 Luxembourg extra-ordinary summit and, following the framework agreement on part-time work, represents a further contribution towards achieving a better balance between "flexibility in working time and security for workers".The parties to this agreement recognise that contracts of an indefinite duration are, and will continue to be, the general form of employment relationship between employers and workers. They also recognise that fixed-term employment contracts respond, in certain circumstances, to the needs of both employers and workers.This agreement sets out the general principles and minimum requirements relating to fixed-term work, recognising that their detailed application needs to take account of the realities of specific national, sectoral and seasonal situations. It illustrates the willingness of the Social Partners to establish a general framework for ensuring equal treatment for fixed-term workers by protecting them against discrimination and for using fixed-term employment contracts on a basis acceptable to employers and workers.This agreement applies to fixed-term workers with the exception of those placed by a temporary work agency at the disposition of a user enterprise. It is the intention of the parties to consider the need for a similar agreement relating to temporary agency work.This agreement relates to the employment conditions of fixed-term workers, recognising that matters relating to statutory social security are for decision by the Member States. In this respect the Social Partners note the Employment Declaration of the Dublin European Council in 1996 which emphasised inter alia, the need to develop more employment-friendly social security systems by "developing social protection systems capable of adapting to new patterns of work and providing appropriate protection to those engaged in such work". The parties to this agreement reiterate the view expressed in the 1997 part-time agreement that Member States should give effect to this Declaration without delay.In addition, it is also recognised that innovations in occupational social protection systems are necessary in order to adapt them to current conditions, and in particular to provide for the transferability of rights.The ETUC, UNICE and CEEP request the Commission to submit this framework agreement to the Council for a decision making these requirements binding in the Member States which are party to the Agreement on social policy annexed to the Protocol (No 14) on social policy annexed to the Treaty establishing the European Community.The parties to this agreement ask the Commission, in its proposal to implement the agreement, to request Member States to adopt the laws, regulations and administrative provisions necessary to comply with the Council Decision within two years from its adoption or ensure(1) that the social partners establish the necessary measures by way of agreement by the end of this period. Member States may, if necessary and following consultation with the social partners, and in order to take account of particular difficulties or implementation by collective agreement have up to a maximum of one additional year to comply with this provision.The parties to this agreement request that the social partners are consulted prior to any legislative, regulatory or administrative initiative taken by a Member State to conform to the present agreement.Without prejudice to the role of national courts and the Court of Justice, the parties to this agreement request that any matter relating to the interpretation of this agreement at European level should in the first instance be referred by the Commission to them for an opinion.General considerations1. Having regard to the Agreement on social policy annexed to the Protocol (No 14) on social policy annexed to the Treaty establishing the European Community, and in particular Article 3.4 and 4.2 thereof;2. Whereas Article 4.2 of the Agreement on social policy provides that agreements concluded at Community level may be implemented, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission;3. Whereas, in its second consultation document on flexibility in working time and security for workers, the Commission announced its intention to propose a legally-binding Community measure;4. Whereas in its opinion on the proposal for a Directive on part-time work, the European Parliament invited the Commission to submit immediately proposals for directives on other forms of flexible work, such as fixed-term work and temporary agency work;5. Whereas in the conclusions of the extraordinary summit on employment adopted in Luxembourg, the European Council invited the social partners to negotiate agreements to "modernise the organisation of work, including flexible working arrangements, with the aim of making undertakings productive and competitive and achieving the required balance between flexibility and security";6. Whereas employment contracts of an indefinite duration are the general form of employment relationships and contribute to the quality of life of the workers concerned and improve performance;7. Whereas the use of fixed-term employment contracts based on objective reasons is a way to prevent abuse;8. Whereas fixed-term employment contracts are a feature of employment in certain sectors, occupations and activities which can suit both employers and workers;9. Whereas more than half of fixed-term workers in the European Union are women and this agreement can therefore contribute to improving equality of opportunities between women and men;10. Whereas this agreement refers back to Member States and social partners for the arrangements for the application of its general principles, minimum requirements and provisions, in order to take account of the situation in each Member State and the circumstances of particular sectors and occupations, including the activities of a seasonal nature;11. Whereas this agreement takes into consideration the need to improve social policy requirements, to enhance the competitiveness of the Community economy and to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings;12. Whereas the social partners are best placed to find solutions that correspond to the needs of both employers and workers and shall therefore be given a special role in the implementation and application of this agreement.THE SIGNATORY PARTIES HAVE AGREED THE FOLLOWINGPurpose (clause 1)The purpose of this framework agreement is to:(a) improve the quality of fixed-term work by ensuring the application of the principle of non-discrimination;(b) establish a framework to prevent abuse arising from the use of successive fixed-term employment contracts or relationships.Scope (clause 2)1. This agreement applies to fixed-term workers who have an employment contract or employment relationship as defined in law, collective agreements or practice in each Member State.2. Member States after consultation with the social partners and/or the social partners may provide that this agreement does not apply to:(a) initial vocational training relationships and apprenticeship schemes;(b) employment contracts and relationships which have been concluded within the framework of a specific public or publicly-supported training, integration and vocational retraining programme.Definitions (clause 3)1. For the purpose of this agreement the term "fixed-term worker" means a person having an employment contract or relationship entered into directly between an employer and a worker where the end of the employment contract or relationship is determined by objective conditions such as reaching a specific date, completing a specific task, or the occurrence of a specific event.2. For the purpose of this agreement, the term "comparable permanent worker" means a worker with an employment contract or relationship of indefinite duration, in the same establishment, engaged in the same or similar work/occupation, due regard being given to qualifications/skills.Where there is no comparable permanent worker in the same establishment, the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law, collective agreements or practice.Principle of non-discrimination (clause 4)1. In respect of employment conditions, fixed-term workers shall not be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds.2. Where appropriate, the principle of pro rata temporis shall apply.3. The arrangements for the application of this clause shall be defined by the Member States after consultation with the social partners and/or the social partners, having regard to Community law and national law, collective agreements and practice.4. Period-of service qualifications relating to particular conditions of employment shall be the same for fixed-term workers as for permanent workers except where different length-of service qualifications are justified on objective grounds.Measures to prevent abuse (clause 5)1. To prevent abuse arising from the use of successive fixed-term employment contracts or relationships, Member States, after consultation with social partners in accordance with national law, collective agreements or practice, and/or the social partners, shall, where there are no equivalent legal measures to prevent abuse, introduce in a manner which takes account of the needs of specific sectors and/or categories of workers, one or more of the following measures:(a) objective reasons justifying the renewal of such contracts or relationships;(b) the maximum total duration of successive fixed-term employment contracts or relationships;(c) the number of renewals of such contracts or relationships.2. Member States after consultation with the social partners and/or the social partners shall, where appropriate, determine under what conditions fixed-term employment contracts or relationships:(a) shall be regarded as "successive"(b) shall be deemed to be contracts or relationships of indefinite duration.Information and employment opportunities (clause 6)1. Employers shall inform fixed-term workers about vacancies which become available in the undertaking or establishment to ensure that they have the same opportunity to secure permanent positions as other workers. Such information may be provided by way of a general announcement at a suitable place in the undertaking or establishment.2. As far as possible, employers should facilitate access by fixed-term workers to appropriate training opportunities to enhance their skills, career development and occupational mobility.Information and consultation (clause 7)1. Fixed-term workers shall be taken into consideration in calculating the threshold above which workers' representative bodies provided for in national and Community law may be constituted in the undertaking as required by national provisions.2. The arrangements for the application of clause 7.1 shall be defined by Member States after consultation with the social partners and/or the social partners in accordance with national law, collective agreements or practice and having regard to clause 4.1.3. As far as possible, employers should give consideration to the provision of appropriate information to existing workers' representative bodies about fixed-term work in the undertaking.Provisions on implementation (clause 8)1. Member States and/or the social partners can maintain or introduce more favourable provisions for workers than set out in this agreement.2. This agreement shall be without prejudice to any more specific Community provisions, and in particular Community provisions concerning equal treatment or opportunities for men and women.3. Implementation of this agreement shall not constitute valid grounds for reducing the general level of protection afforded to workers in the field of the agreement.4. The present agreement does not prejudice the right of the social partners to conclude at the appropriate level, including European level, agreements adapting and/or complementing the provisions of this agreement in a manner which will take note of the specific needs of the social partners concerned.5. The prevention and settlement of disputes and grievances arising from the application of this agreement shall be dealt with in accordance with national law, collective agreements and practice.6. The signatory parties shall review the application of this agreement five years after the date of the Council decision if requested by one of the parties to this agreement.Fritz VERZETNITSCHPresident of the ETUCGeorges JACOBSPresident of UNICEAntonio CASTELLANO AUYANETPresident of CEEPEmilio GABAGLIO.General-Secretary of the ETUCDirk F. HUDIGSecretary-General of UNICEJytte FREDENSBORGSecretary-General of CEEP18 March 1999(1) Within the meaning of Article 2.4 of the Agreement on social policy annexed to the Protocol (No 14) on social policy annexed to the Treaty establishing the European Community.

Summary: Fixed-term work Fixed-term work SUMMARY OF: Directive 99/70/EC — the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (trade unions) WHAT IS THE AIM OF THE DIRECTIVE? It sets minimum requirements relating to fixed-term work, in order to ensure equal treatment of workers and to prevent abuse arising from the use of successive employment contracts or relationships of this type. It calls on European Union (EU) countries to lay down penalties for infringements of these requirements. It stipulates special clauses to limit the administrative burdens which could ensue for SMEs from the application of these new standards. KEY POINTS It covers only working conditions for fixed-term employees; statutory social security schemes are the prerogative of the EU countries. It concerns fixed-term workers (including seasonal workers) with the exception of workers placed at the disposal of a user undertaking by a temporary employment agency. However, the parties intend to adopt a similar agreement to cover temporary employment. Moreover, EU countries may provide that this agreement does not apply to: initial vocational training relationships and apprenticeship schemes; employment contracts and relationships which have been concluded within the framework of a specific public or publicly-supported training, integration and vocational retraining programme. The principle of non-discrimination The agreement forbids employers to treat fixed-term workers in a less favourable manner than permanent workers solely because they have a fixed-term contract, unless the difference in treatment can be justified on objective grounds. The agreement aims to improve the quality of fixed-term work by ensuring application of the principle of non-discrimination, and to prevent abuse arising from the use of successive fixed-term employment contracts or relationships. Preventing the abuse of fixed-term work To prevent abuse arising from the use of successive fixed-term employment contracts or relationships, EU countries, after consultation with the social partners, must introduce one or more of the following measures (taking account of the needs of specific sectors and categories of workers): objective reasons justifying the renewal of such contracts or relationships; the maximum total duration of successive fixed-term employment contracts and relationships; the number of renewals. Training opportunities As far as possible, employers should facilitate access by fixed-term workers to training opportunities to enhance their skills, career development and occupational mobility. Workers’ representatives Fixed-term workers must be taken into consideration in calculating the threshold above which workers’ representative bodies may be constituted. Penalties for infringements by employers EU countries must determine the penalties applicable for infringements of national implementing provisions. Fixed-term work and SMEs Regarding the application of the directive to small and medium-sized enterprises (SMEs), special care has been taken to avoid imposing administrative, financial and legal constraints in a way which would hold back their development. According to the European Commission, several clauses of the agreement refer to national laws, collective agreements or practice and/or to the social partners regarding the arrangements for their application, allowing the special needs of SMEs to be taken into account. Application EU countries were to bring into force the laws, regulations and administrative provisions necessary to comply with this directive by 10 July 2001 at the latest, or were to ensure that the social partners hadput the necessary measures into place by this date at the latest. EU countries could have a maximum of one more year to take account of special difficulties or implementation by a collective agreement. The Commission, however, had to be made aware of the circumstances. Implementation of this directive cannot justify any reduction in the general level of protection afforded to workers in the field of the directive. EU countries may, however, introduce more favourable provisions than those set out in the directive. Reports Two Commission implementation reports present the national implementation measures of the directive (see Related documents section below). These reports are complemented by two studies (Implementation Report on Directive 1999/70/EC concerning the Framework Agreement on fixed-term work concluded by UNICE, CEEP and ETUC (Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia) (March 2007) and Reports (Executive Summaries) on the implementation of Directive 1999/70/EC in Bulgaria and in Romania (2009). FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 10 July 1999. EU countries had to incorporate it in national law by 10 July 2001. BACKGROUND Fixed-term employment contracts were the subject of a Commission proposal for a Council directive. The European Parliament delivered its opinion on the proposal on 24 October 1990 (Official Journal C 295, 26.11.1990). In the absence of agreement in the Council, the Commission decided to consult the social partners under Article 3 of the Agreement on Social Policy. During the first consultation, the social partners stressed the need to combat discrimination of workers affected by new, flexible forms of work. At the end of the second round of consultation, the social partners decided to begin negotiations in this area. In parallel, on 19 June 1996, the UNICE (now BusinessEurope), the CEEP and the ETUC concluded a framework agreement on part-time work, implemented by Directive 97/81/EC of 15 December 1997. In the preamble to this agreement, the contracting parties announced their intention to consider the need for similar agreements relating to other flexible forms of work. On 18 March 1999, they concluded a framework agreement on fixed-term work, which is implemented by this directive. The Commission felt that it was necessary to establish a balanced and flexible framework, compatible with the continued increase in fixed-term contracts, while preventing their abuse. On 6 May 1999, Parliament adopted a resolution on the Commission’s proposal in which it called on the Council to approve the framework agreement on fixed-term work [not published in the Official Journal]. Nonetheless, Parliament regretted to note that the agreement covers only successive employment relationships, that the rules designed to prevent abuse through successive fixed-term contracts contain no qualitative or quantitative obligations, and that no provision is made for priority access to jobs created or for these workers to have access to appropriate vocational training. MAIN DOCUMENT Council Directive 99/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, pp. 43-48) Successive amendments to Directive 99/70/EC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Council Directive 97/81/EC of 15 December 1997 concerning the framework agreement on part-time working concluded by UNICE, CEEP and the ETUC (OJ L 14, 20.01.1998, pp. 9-14) See consolidated version Commission Staff Working Document - National implementation measures of Directive 1999/70/EC (EU-15) (SEC(2006) 1074 final, 11.8.2006) Commission Staff Working Document - National implementation measures of Directive 1999/70/EC (EU-10) (SEC(2008) 2485 final, 17.9.2008) last update 04.12.2016