29.12.2009 EN Official Journal of the European Union L 348/71 COUNCIL RECOMMENDATION of 22 December 2009 on seasonal influenza vaccination (Text with EEA relevance) (2009/1019/EU) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 168(6) thereof, Having regard to the proposal from the European Commission, Whereas: (1) Seasonal influenza is a contagious viral disease which occurs as epidemic during the winter months in Europe. It is one of the most significant and commonly occurring communicable diseases and is an important source of morbidity and mortality in all Member States. (2) In some cases, complications go beyond a self-limiting respiratory infection and result in severe pneumonia or other secondary complications with a sometimes fatal outcome. These complications occur far more commonly among older age groups and among people with chronic medical conditions. (3) Seasonal influenza can be mitigated through vaccination but the virus frequently changes its antigenic composition and, therefore, vaccine composition is reviewed regularly by the World Health Organisation (WHO) expert groups. (4) The 2003 World Health Assembly adopted Resolution 56.19 to increase influenza vaccination coverage of all people at high risk with the goal of attaining vaccination coverage of at least 50 % of the older age groups of the population by 2006 and 75 % by 2010. (5) On 26 October 2005 and 14 June 2006 the European Parliament adopted resolutions entitled ‘Strategy against an influenza pandemic’ and ‘Pandemic influenza preparedness and response planning in the European Community’ respectively, calling on the Member States to increase influenza vaccination in line with WHO recommendations. Those resolutions also urged Member States to increase vaccination coverage during the inter-pandemic period in accordance with WHO recommendations. (6) Therefore, concerted action at the level of the European Union should be taken to mitigate the impact of seasonal influenza by encouraging vaccination among risk groups and healthcare workers. The purpose of this Recommendation is to reach the target of 75 % vaccination coverage of the older age groups recommended by the WHO as early as possible and preferably by the 2014-2015 winter season. This target of 75 % should, if possible, be extended to the risk group of people with chronic conditions, taking into account the guidance issued by the European Centre for Disease Prevention and Control (ECDC). (7) Increased vaccination rates among risk groups would also contribute to higher vaccination rates in general, including of healthcare workers. (8) To bring about these changes, a necessary first step is that all participants of the healthcare environment, risk groups, healthcare workers, physicians, healthcare managers and policymakers are informed of the problem of seasonal influenza through public and professional awareness campaigns. Healthcare workers should be made aware of the particular danger faced by their more vulnerable patients. Healthcare workers should also be made aware of their responsibility to give the appropriate advice on vaccination to their patients. (9) It is, in particular, essential to gather specific and comparable data at national level regarding the uptake rates in risk groups in order to assess properly the situation in all the Member States. Until now such data has not always been available. Based on this data the Commission and the Member States will be able to share information and best practices with third countries through the existing channels of international cooperation in the field of health. (10) Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control (1) (ECDC) in particular entrusts the ECDC with the mission to provide technical and scientific expertise to the Commission and to the Member States. The ECDC also operates the dedicated network established for the surveillance of seasonal influenza in accordance with Commission Decision 2000/96/EC of 22 December 1999 on the communicable diseases to be progressively covered by the Community network under Decision No 2119/98/EC of the European Parliament and of the Council (2). The ECDC should therefore assist the Member States in providing scientific expertise on seasonal influenza vaccination. (11) In the context of seasonal influenza vaccination the objective to reach 75 % vaccination coverage of the older age groups, recommended by the WHO, will clearly be facilitated by concerted action at the level of the European Union, HAS ADOPTED THE FOLLOWING RECOMMENDATION: 1. Member States are encouraged to adopt and implement national, regional or local action plans or policies, as appropriate, aimed at improving seasonal influenza vaccination coverage, with the aim of reaching, as early as possible and preferably by the 2014-2015 winter season, a vaccination coverage rate of 75 % for ‘older age groups’ and, if possible, for other risk groups referred to in point 2(a), if not already reached. Member States are also encouraged to improve vaccination coverage among healthcare workers. The action plans or policies should take into account the gaps identified at national level and organise the activities referred to in point 2(b) and (c). 2. In the framework of the action plans or policies referred to in point 1, Member States are encouraged to: (a) take into account the definition of ‘older age groups’ and of ‘risk groups’ as contained in the guidance issued by the ECDC; (b) measure uptake in all risk groups, and to analyse the reasons why some people do not wish to receive vaccinations; (c) foster education, training, and information exchange on seasonal influenza and vaccination by organising: (i) information action for healthcare workers; (ii) information action for risk groups and their families regarding the risks associated with, and the prevention of, influenza; (iii) effective information action to remove obstacles to vaccination uptake. 3. Member States are encouraged to report on a voluntary basis to the Commission on the implementation of this Recommendation, in particular, on the coverage achieved among risk groups. 4. The Commission is invited to report regularly to the Council on the implementation of this Recommendation, on the basis of the data the Member States will make available. 5. The Commission is invited to continue to support research on influenza through the Research Framework Programmes. Done at Brussels, 22 December 2009. For the Council The President A. CARLGREN (1) OJ L 142, 30.4.2004, p. 1. (2) OJ L 28, 3.2.2000, p. 50.

Summary: Seasonal influenza vaccination Seasonal influenza vaccination SUMMARY OF: Recommendation 2009/1019/EU on influenza (flu) vaccination WHAT IS THE AIM OF THE RECOMMENDATION? It aims to encourage European Union (EU) countries to take health measures to combat seasonal influenza. KEY POINTS Challenges Influenza is contagious respiratory infection of viral origin, which occurs as an epidemic in winter months. It can cause serious complications, even death. For slight seasonal influenza, the number of deaths is estimated at on average 8 in a 100,000 population. This figure can rise to 44 during more severe years. In the event of influenza epidemics, hospitals and medical services may become overburdened. This leads to an increase in direct costs (resulting from the use of medical and non-medical resources) and indirect costs (due to productivity loss and absenteeism from work). Vaccine efficacy and effectiveness Seasonal influenza can be reduced through vaccination. ‘At-risk’ groups in the population must be vaccinated against influenza. Moreover, logistical aspects, such as delivery and administration of vaccines, must not be underestimated in order to provide effective vaccine coverage. It is important to act at EU level in order to avoid a new strain of the influenza virus becoming a pandemic, as happened in 1918, 1957 and 1968. National plans and strategies The recommendation encourages EU countries to adopt a national plan or strategy on vaccine coverage. The aim was to cover 75% of the at-risk population preferably by the winter of 2014-2015. This group was defined in the guidelines published by the European Centre for Disease Prevention and Control (ECDC). EU countries are encouraged to submit reports to the European Commission, on a voluntary basis, on the implementation of this recommendation and specifically on the vaccination cover achieved within at-risk groups. Information campaigns directed at healthcare professionals and people in the at-risk groups and their families should be carried out. The Commission is invited to report to the Council regularly on the implementation of this recommendation, based on the information received from EU countries. Evaluation A report published in 2015 by the ECDC suggests that all EU countries may need to reconsider their approach in order to collect more comprehensive and accurate information on seasonal influenza vaccination coverage for the target population groups. It urges those EU countries which do not monitor vaccination coverage among older age groups to introduce systems to carry out this monitoring, to enable public health organisations to track their progress and identify obstacles to achieving national and EU targets. The report notes that more countries have been able to provide information about vaccination coverage rates for groups such as healthcare workers and pregnant women, and offers recommendations as a way forward to achieve higher vaccination rates and improved monitoring. In 2015, the Commission organised a high-level hearing on the subject, stressing the increasing importance of disease prevention in healthcare spending. BACKGROUND For more information, see: ‘Vaccination’ on the European Commission's website. MAIN DOCUMENT Council Recommendation 2009/1019/EU of 22 December 2009 on seasonal influenza vaccination (OJ L 348, 29.12.2009, pp. 71–72) last update 30.01.2017


5.12.2009 EN Official Journal of the European Union C 296/4 COUNCIL RECOMMENDATION of 30 November 2009 on smoke-free environments 2009/C 296/02 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular the second subparagraph of Article 152(4) thereof, Having regard to the proposal from the Commission, After consulting the European Parliament (1), Having regard to the opinion of the European Economic and Social Committee (2), Whereas: (1) Article 152 of the Treaty stipulates that Community action, which shall complement national policies, shall be directed towards improving public health, preventing human illness and diseases, and obviating sources of danger to human health. (2) According to Article 137 of the Treaty, the Community shall support and complement the activities of the Member States, inter alia, in the field of improvement in particular of the working environment to protect workers’ health and safety. (3) Exposure to environmental tobacco smoke (ETS) — also referred to as second-hand tobacco smoke — is a widespread source of mortality, morbidity and disability in the European Union. (4) According to conservative estimates, 7 300 adults including 2 800 non-smokers died as a result of ETS exposure at their workplace in the European Union in 2002. A further 72 000 adult deaths, including those of 16 400 non-smokers, were linked to ETS exposure at home. (5) Exposure to second-hand tobacco smoke is particularly dangerous to children and adolescents and could increase the likelihood of their taking up smoking. (6) ETS has been classified as a known human carcinogen by the World Health Organization (WHO) International Agency for Research on Cancer and as an occupational carcinogen by Finland and Germany. (7) All people have the right to a high level of health protection and should be protected from exposure to tobacco smoke. (8) Voluntary policies at national level have proved ineffective in reducing exposure to tobacco smoke. Member States’ binding legislation, properly enforced and monitored is an effective means of adequately protecting people from the health risks of second-hand tobacco smoke. (9) Legislation on smoke-free environments is most effective when it is backed up by measures such as awareness-raising campaigns, support for cessation of tobacco use, strong health warnings on tobacco product packaging and other regulation on tobacco products. (10) Civil society has an important role in building support for and ensuring compliance with legislation on smoke-free environments. (11) Smoke-free policies should have adequate instruments to implement the multi-sectorial approach to tobacco control. (12) There is a need for strengthened cooperation between Member States to facilitate the exchange of information and best practice and develop a standardised EU monitoring system. (13) The resolution of the Council and the Ministers for Health of the Member States, meeting within the Council of 18 July 1989 on banning smoking in places open to the public (3) invited the Member States to take measures banning smoking in certain enclosed premises open to the public, and to extend the ban on smoking to all forms of public transport. (14) Council Recommendation 2003/54/EC of 2 December 2002 on the prevention of smoking and on initiatives to improve tobacco control (4) recommended that Member States implement legislation and/or other effective measures that provide protection from exposure to ETS in indoor workplaces, enclosed public places, and public transport. (15) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (5), while not explicitly referring to tobacco smoke, covers all risks to the health and safety of workers (6). (16) In its Environment and Health Action Plan (2004-2010) (7), the Commission has undertaken to ‘develop work on improving indoor air quality’, in particular by ‘encouraging the restriction of smoking in all workplaces by exploring both legal mechanisms and health promotion initiatives at both European and Member State level’. (17) The consultation initiated by the Commission's Green Paper ‘Towards a Europe free from tobacco smoke: policy options at EU level’ (8) (the ‘Green Paper’) has revealed strong support both for comprehensive smoke-free policies in all enclosed workplaces and public places and for further EU action to promote smoke-free environments throughout the Member States. (18) The Employment, Social Policy, Health and Consumer Affairs Council held an exchange of views on policy options at EU level on tobacco smoke-free environments on 30 and 31 May 2007. It welcomed the Green Paper and stressed the need for Community guidance to further promote tobacco-smoke free environments at EU level, as well as Community support for and coordination of national measures. (19) The European Parliament's resolution of 24 October 2007 on the Green Paper called on the Member States to introduce comprehensive smoke-free laws within two years and invited the Commission to table a relevant legislative proposal by 2011 in the event of unsatisfactory progress. It also called on the Commission to propose an amendment to the current legislative framework in order to classify ETS as a carcinogen and oblige employers to ensure that the workplace is smoke-free. (20) Article 8 of the WHO Framework Convention on Tobacco Control (FCTC), signed in June 2003 by all WHO members, and so far ratified by 167 Parties, including the Community and 26 of its Member States, creates a legal obligation for its Parties to adopt and implement in areas of existing national jurisdiction as determined by national law and to actively promote, at other jurisdictional levels, the adoption and implementation of effective measures to protect people from exposure to second-hand tobacco smoke in all indoor workplaces, public transport and indoor public places and, as appropriate, other public places. (21) The Second Conference of the Parties to FCTC in July 2007 adopted guidelines on protection from exposure to tobacco smoke (9) to assist Parties in meeting their obligations under Article 8 of the Convention. Each Party should strive to implement the guidelines within five years of the Convention's entry into force for that Party. (22) Article 14 of the WHO Framework Convention creates a legal obligation for its Parties to develop and disseminate appropriate, comprehensive and integrated guidelines based on scientific evidence and best practices and to take effective measures to promote the cessation of tobacco use and adequate treatment for tobacco dependence. The Third Conference of the Parties to the WHO Framework Convention decided to establish a working group for the elaboration of guidelines for implementation of that Article. (23) The European Strategy on Tobacco Control adopted by the WHO Regional Committee for Europe in September 2002 recommended that Member States ensure the citizens’ right to a smoke-free environment by, inter alia, making public places, workplaces and public transport smoke-free, banning smoking outdoors in all educational institutions for minors, in all places of healthcare delivery and at public events, as well as classifying ETS as a carcinogen. (24) This Recommendation is without prejudice to the Community legislation laying down minimum requirements for the safety and health protection of workers adopted under Article 137 of the Treaty, to Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products (10) and to Commission Decision 2003/641/EC of 5 September 2003 on the use of colour photographs or other illustrations as health warnings on tobacco packages (11), HEREBY RECOMMENDS THAT THE MEMBER STATES: 1. provide effective protection from exposure to tobacco smoke in indoor workplaces, indoor public places, public transport and, as appropriate, other public places as stipulated by Article 8 of the WHO Framework Convention on Tobacco Control (FCTC) and based on the annexed guidelines on protection from exposure to tobacco smoke adopted by the Second Conference of the Parties to FCTC, within five years of the FCTC’s entry into force for that Member State, or at the latest within three years following the adoption of this Recommendation; 2. develop and/or strengthen strategies and measures to reduce exposure to second-hand tobacco smoke of children and adolescents; 3. complement smoke-free policies with supporting measures, which may include: (a) taking effective measures to promote cessation of tobacco use and adequate treatment for tobacco dependence, taking into account national circumstances and priorities as outlined in Article 14 of the FCTC; and (b) introducing combined warnings, as defined by Article 2(4) of Commission Decision 2003/641/EC of 5 September 2003 on the use of colour photographs or other illustrations as health warnings on tobacco packages (12), and information on services supporting the cessation of tobacco use on the packages of smoking tobacco products in order to better inform consumers about the health risks of tobacco use and exposure to tobacco smoke, encourage cessation of tobacco use and deter initiation; 4. develop, implement, periodically update and review comprehensive multi-sectoral tobacco control strategies, plans or programmes which address, inter alia, the issue of protection from tobacco smoke in all places accessible to the general public or places of collective use, regardless of ownership or right to access; 5. provide adequate instruments to implement national strategies, tobacco control policies and programmes in order to ensure effective protection from exposure to tobacco smoke; 6. communicate to the Commission, if possible within six months after the adoption of this Recommendation, national focal points for tobacco control with a view to exchanging information and best practices as well as policy coordination with other Member States; 7. cooperate closely among themselves and with the Commission on a coherent framework of definitions, benchmarks and indicators for the implementation of this Recommendation; 8. monitor and evaluate the effectiveness of policy measures using the above-mentioned indicators; 9. inform the Commission of legislative and other action taken in response to this Recommendation and of the results of monitoring and evaluation, HEREBY INVITES THE COMMISSION TO: 1. report on the implementation, functioning and impacts of the proposed measures, on the basis of the information provided by Member States; 2. in the context of a possible revision of Directive 2001/37/EC, consider all product-related measures aimed at reducing the attractiveness and addictiveness of tobacco products; 3. analyse the legal issues and the evidence base for the impact of plain packaging, including on the functioning of the internal market. Done at Brussels, 30 November 2009. For the Council The President S. O. LITTORIN (1) Resolution delivered following non-mandatory consultation (not yet published in the Official Journal). (2) Opinion of 5 November 2009 (not yet published in the Official Journal). (3) OJ C 189, 26.7.1989, p. 1. (4) OJ L 22, 25.1.2003, p. 31. (5) OJ L 183, 29.6.1989, p. 1. (6) Cf. Case C-49/00 Commission v. Italy, [2001] ECR I-8575, paragraphs 12-13. (7) COM(2004) 416 final. (8) COM(2007) 27 final. (9) FCTC/COP2(7) Guidelines on protection from exposure to tobacco smoke, as elaborated by the working group convened in accordance with decision FCTC/COP1(15) of the Conference of the Parties to the WHO Framework Convention on Tobacco Control. (10) OJ L 194, 18.7.2001, p. 26. (11) OJ L 226, 10.9.2003, p. 24. (12) See footnote 11. ANNEX Guidelines on protection from exposure to tobacco smoke, as adopted by the Second Conference of the Parties to the WHO Framework Convention on Tobacco Control PURPOSE, OBJECTIVES AND KEY CONSIDERATIONS Purpose of the guidelines 1. Consistent with other provisions of the WHO Framework Convention on Tobacco Control and the intentions of the Conference of the Parties, these guidelines are intended to assist Parties in meeting their obligations under Article 8 of the Convention. They draw on the best available evidence and the experience of Parties that have successfully implemented effective measures to reduce exposure to tobacco smoke. 2. The guidelines contain agreed upon statements of principles and definitions of relevant terms, as well as agreed upon recommendations for the steps required to satisfy the obligations of the Convention. In addition, the guidelines identify the measures necessary to achieve effective protection from the hazards of second-hand tobacco smoke. Parties are encouraged to use these guidelines not only to fulfil their legal duties under the Convention, but also to follow best practices in protecting public health. Objectives of the guidelines 3. These guidelines have two related objectives. The first is to assist Parties in meeting their obligations under Article 8 of the WHO Framework Convention, in a manner consistent with the scientific evidence regarding exposure to second-hand tobacco smoke and the best practice worldwide in the implementation of smoke-free measures, in order to establish a high standard of accountability for treaty compliance and to assist the Parties in promoting the highest attainable standard of health. The second objective is to identify the key elements of legislation necessary to effectively protect people from exposure to tobacco smoke, as required by Article 8. Underlying considerations 4. The development of these guidelines has been influenced by the following fundamental considerations: (a) The duty to protect from tobacco smoke, embodied in the text of Article 8, is grounded in fundamental human rights and freedoms. Given the dangers of breathing second-hand tobacco smoke, the duty to protect from tobacco smoke is implicit in, inter alia, the right to life and the right to the highest attainable standard of health, as recognised in many international legal instruments (including the Constitution of the World Health Organisation, the Convention on the Rights of the Child, the Convention on the Elimination of all Forms of Discrimination against Women and the Covenant on Economic, Social and Cultural Rights), as formally incorporated into the preamble of the WHO Framework Convention and as recognised in the constitutions of many nations. (b) The duty to protect individuals from tobacco smoke corresponds to an obligation by governments to enact legislation to protect individuals against threats to their fundamental rights and freedoms. This obligation extends to all persons, and not merely to certain populations. (c) Several authoritative scientific bodies have determined that second-hand tobacco smoke is a carcinogen. Some Parties to the WHO Framework Convention (for example, Finland and Germany) have classified second-hand tobacco smoke as a carcinogen and included the prevention of exposure to it at work in their health and safety legislation. In addition to the requirements of Article 8, therefore, Parties may be obligated to address the hazard of exposure to tobacco smoke in accordance with their existing workplace laws or other laws governing exposure to harmful substances, including carcinogens. STATEMENT OF PRINCIPLES AND RELEVANT DEFINITIONS UNDERLYING PROTECTION FROM EXPOSURE TO TOBACCO SMOKE Principles 5. As noted in Article 4 of the WHO Framework Convention, strong political commitment is necessary to take measures to protect all persons from exposure to tobacco smoke. The following agreed upon principles should guide the implementation of Article 8 of the Convention. Principle 1 6. Effective measures to provide protection from exposure to tobacco smoke, as envisioned by Article 8 of the WHO Framework Convention, require the total elimination of smoking and tobacco smoke in a particular space or environment in order to create a 100 % smoke-free environment. There is no safe level of exposure to tobacco smoke, and notions such as a threshold value for toxicity from second-hand smoke should be rejected, as they are contradicted by scientific evidence. Approaches other than 100 % smoke-free environments, including ventilation, air filtration and the use of designated smoking areas (whether with separate ventilation systems or not), have repeatedly been shown to be ineffective and there is conclusive evidence, scientific and otherwise, that engineering approaches do not protect against exposure to tobacco smoke. Principle 2 7. All people should be protected from exposure to tobacco smoke. All indoor workplaces and indoor public places should be smoke free. Principle 3 8. Legislation is necessary to protect people from exposure to tobacco smoke. Voluntary smoke-free policies have repeatedly been shown to be ineffective and do not provide adequate protection. In order to be effective, legislation should be simple, clear and enforceable. Principle 4 9. Good planning and adequate resources are essential for successful implementation and enforcement of smoke-free legislation. Principle 5 10. Civil society has a central role in building support for and ensuring compliance with smoke-free measures, and should be included as an active partner in the process of developing, implementing and enforcing legislation. Principle 6 11. The implementation of smoke-free legislation, its enforcement and its impact should all be monitored and evaluated. This should include monitoring and responding to tobacco industry activities that undermine the implementation and enforcement of the legislation, as specified in Article 20.4 of the WHO Framework Convention. Principle 7 12. The protection of people from exposure to tobacco smoke should be strengthened and expanded, if necessary; such action may include new or amended legislation, improved enforcement and other measures to reflect new scientific evidence and case study experiences. Definitions 13. In developing legislation, it is important to use care in defining key terms. Several recommendations as to appropriate definitions, based on experiences in many countries, are set out here. The definitions in this section supplement those already included in the WHO Framework Convention. ‘Second-hand tobacco smoke’ or ‘environmental tobacco smoke’ 14. Several alternative terms are commonly used to describe the type of smoke addressed by Article 8 of the WHO Framework Convention. These include ‘second-hand smoke’, ‘environmental tobacco smoke’, and ‘other people's smoke’. Terms such as ‘passive smoking’ and ‘involuntary exposure to tobacco smoke’ should be avoided, as experience in France and elsewhere suggests that the tobacco industry may use these terms to support a position that ‘voluntary’ exposure is acceptable. ‘Second-hand tobacco smoke’, sometimes abbreviated as ‘SHS’, and ‘environmental tobacco smoke’, sometimes abbreviated ‘ETS’, are the preferable terms; these guidelines use ‘second-hand tobacco smoke’. 15. Second-hand tobacco smoke can be defined as ‘the smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker’. 16. ‘Smoke-free air’ is air that is 100 % smoke free. This definition includes, but is not limited to, air in which tobacco smoke cannot be seen, smelled, sensed or measured (1). ‘Smoking’ 17. This term should be defined to include being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. ‘Public places’ 18. While the precise definition of ‘public places’ will vary between jurisdictions, it is important that legislation define this term as broadly as possible. The definition used should cover all places accessible to the general public or places for collective use, regardless of ownership or right to access. ‘Indoor’ or ‘enclosed’ 19. Article 8 requires protection from tobacco smoke in ‘indoor’ workplaces and public places. Because there are potential pitfalls in defining ‘indoor’ areas, the experiences of various countries in defining this term should be specifically examined. The definition should be as inclusive and as clear as possible, and care should be taken in the definition to avoid creating lists that may be interpreted as excluding potentially relevant ‘indoor’ areas. It is recommended that ‘indoor’ (or enclosed) areas be defined to include any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, wall or sides, and regardless of whether the structure is permanent or temporary. ‘Workplace’ 20. A ‘workplace’ should be defined broadly as ‘any place used by people during their employment or work’. This should include not only work done for compensation, but also voluntary work, if it is of the type for which compensation is normally paid. In addition, ‘workplaces’ include not only those places at which work is performed, but also all attached or associated places commonly used by the workers in the course of their employment, including, for example, corridors, lifts, stairwells, lobbies, joint facilities, cafeterias, toilets, lounges, lunchrooms and also outbuildings such as sheds and huts. Vehicles used in the course of work are workplaces and should be specifically identified as such. 21. Careful consideration should be given to workplaces that are also individuals' homes or dwelling places, for example, prisons, mental health institutions or nursing homes. These places also constitute workplaces for others, who should be protected from exposure to tobacco smoke. ‘Public transport’ 22. Public transport should be defined to include any vehicle used for the carriage of members of the public, usually for reward or commercial gain. This would include taxis. THE SCOPE OF EFFECTIVE LEGISLATION 23. Article 8 requires the adoption of effective measures to protect people from exposure to tobacco smoke in (1) indoor workplaces, (2) indoor public places, (3) public transport, and (4) ‘as appropriate’ in ‘other public places’. 24. This creates an obligation to provide universal protection by ensuring that all indoor public places, all indoor workplaces, all public transport and possibly other (outdoor or quasi-outdoor) public places are free from exposure to second-hand tobacco smoke. No exemptions are justified on the basis of health or law arguments. If exemptions must be considered on the basis of other arguments, these should be minimal. In addition, if a Party is unable to achieve universal coverage immediately, Article 8 creates a continuing obligation to move as quickly as possible to remove any exemptions and make the protection universal. Each Party should strive to provide universal protection within five years of the WHO Framework Convention's entry into force for that Party. 25. No safe levels of exposure to second-hand smoke exist, and, as previously acknowledged by the Conference of the Parties in decision FCTC/COP1(15), engineering approaches, such as ventilation, air exchange and the use of designated smoking areas, do not protect against exposure to tobacco smoke. 26. Protection should be provided in all indoor or enclosed workplaces, including motor vehicles used as places of work (for example, taxis, ambulances or delivery vehicles). 27. The language of the treaty requires protective measures not only in all ‘indoor’ public places, but also in those ‘other’ (that is, outdoor or quasi-outdoor) public places where ‘appropriate’. In identifying those outdoor and quasi-outdoor public places where legislation is appropriate, Parties should consider the evidence as to the possible health hazards in various settings and should act to adopt the most effective protection against exposure wherever the evidence shows that a hazard exists. INFORM, CONSULT AND INVOLVE THE PUBLIC TO ENSURE SUPPORT AND SMOOTH IMPLEMENTATION 28. Raising awareness among the public and opinion leaders about the risks of second-hand tobacco smoke exposure through ongoing information campaigns is an important role for government agencies, in partnership with civil society, to ensure that the public understands and supports legislative action. Key stakeholders include businesses, restaurant and hospitality associations, employer groups, trade unions, the media, health professionals, organisations representing children and young people, institutions of learning or faith, the research community and the general public. Awareness-raising efforts should include consultation with affected businesses and other organisations and institutions in the course of developing the legislation. 29. Key messages should focus on the harm caused by second-hand tobacco smoke exposure, the fact that elimination of smoke indoors is the only science-based solution to ensure complete protection from exposure, the right of all workers to be equally protected by law and the fact that there is no trade-off between health and economics, because experience in an increasing number of jurisdictions shows that smoke-free environments benefit both. Public education campaigns should also target settings for which legislation may not be feasible or appropriate, such as private homes. 30. Broad consultation with stakeholders is also essential to educate and mobilise the community and to facilitate support for legislation after its enactment. Once legislation is adopted, there should be an education campaign leading up to implementation of the law, the provision of information for business owners and building managers outlining the law and their responsibilities and the production of resources, such as signage. These measures will increase the likelihood of smooth implementation and high levels of voluntary compliance. Messages to empower non-smokers and to thank smokers for complying with the law will promote public involvement in enforcement and smooth implementation. ENFORCEMENT Duty of compliance 31. Effective legislation should impose legal responsibilities for compliance on both affected business establishments and individual smokers, and should provide penalties for violations, which should apply to businesses and, possibly, smokers. Enforcement should ordinarily focus on business establishments. The legislation should place the responsibility for compliance on the owner, manager or other person in charge of the premises, and should clearly identify the actions he or she is required to take. These duties should include: (a) a duty to post clear signs at entrances and other appropriate locations indicating that smoking is not permitted. The format and content of these signs should be determined by health authorities or other agencies of the government and may identify a telephone number or other mechanisms for the public to report violations and the name of the person within the premises to whom complaints should be directed; (b) a duty to remove any ashtrays from the premises; (c) a duty to supervise the observance of rules; (d) a duty to take reasonable specified steps to discourage individuals from smoking on the premises. These steps could include asking the person not to smoke, discontinuing service, asking the person to leave the premises and contacting a law enforcement agency or other authority. Penalties 32. The legislation should specify fines or other monetary penalties for violations. While the size of these penalties will necessarily reflect the specific practices and customs of each country, several principles should guide the decision. Most importantly, penalties should be sufficiently large to deter violations or else they may be ignored by violators or treated as mere costs of doing business. Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources. Penalties should increase for repeated violations and should be consistent with a country's treatment of other, equally serious offences. 33. In addition to monetary penalties, the legislation may also allow for administrative sanctions, such as the suspension of business licences, consistent with the country's practice and legal system. These ‘sanctions of last resort’ are rarely used, but are very important for enforcing the law against any businesses that choose to defy the law repeatedly. 34. Criminal penalties for violations may be considered for inclusion, if appropriate within a country's legal and cultural context. Enforcement infrastructure 35. Legislation should identify the authority or authorities responsible for enforcement, and should include a system both for monitoring compliance and for prosecuting violators. 36. Monitoring should include a process for inspection of businesses for compliance. It is seldom necessary to create a new inspection system for enforcement of smoke-free legislation. Instead, compliance can ordinarily be monitored using one or more of the mechanisms already in place for inspecting business premises and workplaces. A variety of options usually exists for this purpose. In many countries, compliance inspections may be integrated into business licensing inspections, health and sanitation inspections, inspections for workplace health and safety, fire safety inspections or similar programmes. It may be valuable to use several such sources of information gathering simultaneously. 37. Where possible, the use of inspectors or enforcement agents at the local level is recommended; this is likely to increase the enforcement resources available and the level of compliance. This approach requires the establishment of a national coordinating mechanism to ensure a consistent approach nationwide. 38. Regardless of the mechanism used, monitoring should be based on an overall enforcement plan, and should include a process for effective training of inspectors. Effective monitoring may combine regular inspections with unscheduled, surprise inspections, as well as visits made in response to complaints. Such visits may well be educative in the early period after the law takes effect, as most breaches are likely to be inadvertent. The legislation should authorise inspectors to enter premises subject to the law and to collect samples and gather evidence, if these powers are not already established by existing law. Similarly, the legislation should prohibit businesses from obstructing the inspectors in their work. 39. The cost of effective monitoring is not excessive. It is not necessary to hire large numbers of inspectors, because inspections can be accomplished using existing programmes and personnel, and because experience shows that smoke-free legislation quickly becomes self-enforcing (that is, predominantly enforced by the public). Only a few prosecutions may be necessary if the legislation is implemented carefully and active efforts are made to educate businesses and the public. 40. Although these programmes are not expensive, resources are needed to educate businesses, train inspectors, coordinate the inspection process and compensate personnel for inspections of businesses outside of normal working hours. A funding mechanism should be identified for this purpose. Effective monitoring programmes have used a variety of funding sources, including dedicated tax revenues, business licensing fees and dedicated revenues from fines paid by violators. Enforcement strategies 41. Strategic approaches to enforcement can maximise compliance, simplify the implementation of legislation and reduce the level of enforcement resources needed. 42. In particular, enforcement activities in the period immediately following the law's entrance into force are critical to the law's success and to the success of future monitoring and enforcement. Many jurisdictions recommend an initial period of soft enforcement, during which violators are cautioned but not penalised. This approach should be combined with an active campaign to educate business owners about their responsibilities under the law, and businesses should understand that the initial grace period or phase-in period will be followed by more rigorous enforcement. 43. When active enforcement begins, many jurisdictions recommend the use of high-profile prosecutions to enhance deterrence. By identifying prominent violators who have actively defied the law or who are well known in the community, by taking firm and swift action and by seeking maximum public awareness of these activities, authorities are able to demonstrate their resolve and the seriousness of the law. This increases voluntary compliance and reduces the resources needed for future monitoring and enforcement. 44. While smoke-free laws quickly become self-enforcing, it is nevertheless essential that authorities be prepared to respond swiftly and decisively to any isolated instances of outright defiance. Particularly when a law first comes into force, there may be an occasional violator who makes a public display of contempt for the law. Strong responses in these cases set an expectation of compliance that will ease future efforts, while indecisiveness can rapidly lead to widespread violations. Mobilise and involve the community 45. The effectiveness of a monitoring-and-enforcement programme is enhanced by involving the community in the programme. Engaging the support of the community and encouraging members of the community to monitor compliance and report violations greatly extends the reach of enforcement agencies and reduces the resources needed to achieve compliance. In fact, in many jurisdictions, community complaints are the primary means of ensuring compliance. For this reason, smoke-free legislation should specify that members of the public may initiate complaints and should authorise any person or non-governmental organisation to initiate action to compel compliance with measures regulating exposure to second-hand smoke. The enforcement programme should include a toll-free telephone complaint hotline or a similar system to encourage the public to report violations. MONITORING AND EVALUATION OF MEASURES 46. Monitoring and evaluation of measures to reduce exposure to tobacco smoke are important for several reasons, for example: (a) to increase political and public support for strengthening and extending legislative provisions; (b) to document successes that will inform and assist the efforts of other countries; (c) to identify and publicise the efforts made by the tobacco industry to undermine the implementation measures. 47. The extent and complexity of monitoring and evaluation will vary among jurisdictions, depending on available expertise and resources. However, it is important to evaluate the outcome of the measures implemented, in particular, on the key indicator of exposure to second-hand smoke in workplaces and public places. There may be cost-effective ways to achieve this, for example through the use of data or information collected through routine activities such as workplace inspections. 48. There are eight key process and outcome indicators that should be considered: (2) Processes (a) Knowledge, attitudes and support for smoke-free policies among the general population and possibly specific groups, for example, bar workers; (b) enforcement of and compliance with smoke-free policies; Outcomes (a) reduction in exposure of employees to second-hand tobacco smoke in workplaces and public places; (b) reduction in content of second-hand tobacco smoke in the air in workplaces (particularly in restaurants) and public places; (c) reduction in mortality and morbidity from exposure to second-hand tobacco smoke; (d) reduction in exposure to second-hand tobacco smoke in private homes; (e) changes in smoking prevalence and smoking-related behaviours; (f) economic impacts. (1) It is possible that constituent elements of tobacco smoke may exist in air in amounts too small to be measured. Attention should be given to the possibility that the tobacco industry or the hospitality sector may attempt to exploit the limitations of this definition. (2) The publication ‘WHO policy recommendations: protection from exposure to second-hand tobacco smoke’ (Geneva, World Health Organisation, 2007) provides references and links to monitoring studies conducted elsewhere on all of these indicators.

Summary: Protection from exposure to tobacco smoke Protection from exposure to tobacco smoke SUMMARY OF: Council Recommendation on smoke-free environments WHAT IS THE AIM OF THE RECOMMENDATION? It aims to protect citizens against environmental tobacco smoke and thereby to improve public health in general. KEY POINTS It recommends that EU countries: provide effective protection from exposure to tobacco smoke in indoor workplaces*, indoor public places, public transport and, as appropriate, other public places, as specified in Article 8 of the World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC) and its corresponding guidelines for implementation; develop and strengthen measures to reduce the exposure of children and adolescents to second-hand tobacco smoke*; complement smoke-free policies with supporting measures, such as combined warnings on tobacco packages or cessation support; implement, monitor and evaluate tobacco control strategies; establish national tobacco control focal points; cooperate with each other and the European Commission. It invites the Commission to: report on the implementation, functioning and impact of the measures; consider measures to reduce the attractiveness and addictiveness of tobacco products (as reflected in the revision of the Tobacco Products Directive adopted in 2014 — Directive 2014/40/EU); analyse the legal situation and the impact of plain packaging. The WHO FCTC aims at protecting people from the devastating health, social, environmental and economic consequences of tobacco consumption and exposure to tobacco smoke. BACKGROUND All EU countries have adopted measures to protect citizens against exposure to tobacco smoke and 17 EU countries had comprehensive smoke-free laws in place in early 2013. A March 2009 Eurobarometer survey found that a large majority of EU citizens support smoke-free workplaces, restaurants and bars. For more information, see: ‘Smoke-free environments’ and ‘Tobacco Policy’ on the European Commission's website WHO FCTC and guidelines for implementation of Article 8 on the WHO’s website. * KEY TERMS Workplace: any place used by people during their employment or work. Second-hand tobacco smoke: the smoke emitted from the burning end of a tobacco product, usually in combination with the smoke exhaled by the smoker. MAIN DOCUMENT Council Recommendation of 30 November 2009 on smoke-free environments (OJ C 296, 5.12.2009, pp. 4-14) RELATED DOCUMENTS Commission staff working document — Report on the implementation of the Council Recommendation of 30 November 2009 on Smoke-free Environments (2009/C 296/02) (SWD(2013) 56 final/2, 14.3.2013) Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ L 127, 29.4.2014, pp. 1-38) last update 12.01.2017


23.2.2013 EN Official Journal of the European Union L 51/18 COMMISSION RECOMMENDATION of 9 October 2009 on mobilising Information and Communications Technologies to facilitate the transition to an energy-efficient, low-carbon economy (2013/105/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof, Whereas: (1) In April 2006, the European Parliament and the Council adopted a Directive on Energy End-Use Efficiency and Energy Services (1), setting the framework for measures addressing energy saving potential in the energy end-use sectors not covered by the Emissions Trading Scheme (ETS). (2) National Energy Efficiency Action Plans (NEEAPs) required by the Directive 2006/32/EC play a central role in planning and reporting on implementation of national measures addressing energy efficiency with the exception of the ETS. In their first NEEAPs a number of EU Member States have indicated plans to tackle the energy saving potential of ICT (2). (3) In October 2006, the Commission adopted the Communication Action plan for energy efficiency: Realising the potential (3) which underscores the need for a paradigm shift to change the behavioural patterns of our societies so that we use less energy while maintaining our quality of life. (4) Subsequently, in March 2007 the European Council confirmed the objective to save 20% of the EU's energy consumption compared with projections for 2020 and endorsed the target of 20% reduction of greenhouse gas emissions by 2020. The European Council also called for the development of a sustainable EU climate and energy policy in recognition of the link between energy consumption and carbon emissions. Unlocking the potential to reduce 20% of the EU's energy consumption is expected to result in significant cost savings and environmental benefits. (5) In January 2008, the Commission adopted the Communication 20 20 by 2020: Europe's climate change opportunity, proposing a far-reaching package of concrete proposals indicating that the agreed climate change targets are technologically and economically feasible and provide a unique business opportunity for thousands of European companies (4). The proposals were approved by the European Council (5) and the European Parliament in December 2008. (6) In May 2008, the Commission adopted the Communication Addressing the challenge of energy efficiency through information and communication technologies (6) in which it recognised the potential of Information and Communication Technologies (ICT) to provide a cost-effective means of improving energy efficiency across industry and broader civil society. (7) In July 2008 the Commission adopted the Communication on the Sustainable Consumption and Production and Sustainable Industrial Policy Action Plan (7), (SCP/SIP), with proposals aiming to improve the environmental performance of products throughout their life-cycle and to increase the demand for more sustainable goods, while encouraging EU industry to take advantage of opportunities to innovate. (8) In support of the SCP/SIP Action Plan and based on a related mandate in the Communication Integrated Product Policy: Building on Environmental Life-Cycle Thinking (8), the Commission is developing, via its Joint Research Centre, a guidance handbook (9) on quantifying and analysing the environmental life cycle impact of products and processes, including carbon emissions and energy efficiency. (9) In November 2008, the Commission adopted a European Economic Recovery Plan (10) for a faster return to economic growth, emphasising the immediate need for investment in energy efficiency and clean technologies. To implement this plan, in the Communication Investing today for tomorrow's Europe (11), the Commission proposed a package of measures to channel financial support towards energy and high speed broadband networks. (10) As part of the European Economic Recovery Plan, the Commission has launched Public-Private Partnerships that aim to further develop green technologies and smart energy infrastructures in the buildings, manufacturing and transport domains: the Energy Efficient Buildings, Factories of the Future and Green Cars Initiatives, respectively. (11) In December 2008, the Commission adopted, as part of the Green Transport initiative, an Action Plan for the Deployment of Intelligent Transport Systems in Europe and an accompanying Proposal for a Directive laying down the framework for the deployment of Intelligent Transport Systems (ITS) in the field of road transport and interfaces with other transport modes (12). The Commission proposed specific measures aimed to accelerate the deployment of ITS with the aim of improving energy efficiency in transport systems. (12) Energy use by ICT equipment and services represents about 8% of electrical power in the EU, and about 2% of carbon emissions (13). The Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products (14) provides EU-wide rules for placing energy-using products on the market, including ICT products, in relation to their energy efficiency and environmental performance over their full life-cycle. The Directive also gives opportunities to voluntary initiatives tabled by industry. (13) In its Communication on mobilising Information and Communications Technologies to facilitate the transition to an energy-efficient, low-carbon economy (15), the Commission underscored the untapped potential for the ICT sector to focus on systemic improvements to its own processes, including operations, manufacturing, service delivery and supply chain management. (14) The results of a public consultation (16) published in September 2009 confirmed that different companies currently pursue different strategies to improve their energy and environmental performance. A co-ordinated approach would better highlight opportunities, focus investment and yield economic benefits for the sector as a whole, as well as contributing to energy-efficiency goals. (15) Setting ambitious targets by the ICT sector for improving the energy and environmental performance of its processes is of the utmost importance. Progress towards such targets should be measurable and verifiable. Targets should be updated as more reliable baseline data becomes available. The ICT sector has expressed an interest in setting up an ICT for Energy Efficiency (ICT4EE) Forum that would work to adopt and implement a framework to measure the sector's energy and carbon footprints, set targets and benchmark progress. (16) For the purposes of this Recommendation, the ICT sector refers to the ICT manufacturing industries, ICT trade industries and ICT services industries as defined by the Organisation for Economic Co-operation and Development (17). (17) It is estimated that ICT-enabled improvements in other sectors could save about 15% of total carbon emissions by 2020 (18). Significant ICT-enabled energy efficiency gains are expected to be achievable in the short term in buildings and construction, in transport logistics and energy end-use. (18) The ICT sector can deliver simulation, modelling, analysis, monitoring and visualisation tools that are vitally needed to facilitate a whole building approach to the design and operation of buildings that takes into account the many factors that influence energy demand. However investments are hampered by the absence of a sector-wide reliable and transparent means of quantifying and tracking energy and cost savings over time, which ideally would form the basis of design strategies and tools. (19) Transport and logistics industries rely heavily on the use of ICT for the functioning and optimisation of their overall operations, in particular transportation and storage requirements. They are thus well-positioned to take a leading role in optimising the energy and carbon footprints of their services and providing relevant information to customers. (20) In the buildings and construction, and transport and logistics domains, a need for comparable methodologies for measuring energy performance and carbon emissions has already been identified, and work to this end has already been initiated. Common methodologies should serve to provide reliable data and a basis upon which ICT tools could be developed. (21) Partnerships between sectors could accelerate the development and wide-scale roll-out of ICT-based solutions for monitoring, managing and measuring energy-use and carbon emissions in energy-using activities, thus helping to provide a reliable basis for energy-saving and emissions-reducing decisions. (22) Smart metering can provide real-time information flows and the possibility of new control loops, thereby enabling better management and control of energy, and influencing final consumption by consumers, in particular when metering is accompanied by informative billing. Several Member States have introduced, or are considering legal obligations to introduce, smart metering. Concerted action by Member States to set minimum functional specifications for smart meters would help avoid technical barriers, ensure interoperability and enable the introduction of innovative ICT-based applications for managing energy end-use. (23) Smart metering and smart grids are important means to maximise energy savings in buildings, for the widespread deployment of electric vehicles, and for efficient energy supply and distribution and for integrating renewable energy sources. Applications and services stemming from such developments will likely give rise to new sectors of economic activity, involving actors from both the energy and ICT sectors. The conditions conducive to spawning new markets should be considered alongside pilot schemes and other exploratory initiatives. (24) For the purposes of this Recommendation, dematerialisation of ICT should be understood as reducing the need for the physical equipment that underlies electronic services delivery. Dematerialisation is of particular relevance to public procurement of ICT. This can be achieved by optimising the use of existing physical resources, by optimising the configuration of ICT systems and by ensuring that extensions or upgrades to existing systems are not contractually or technically limited. (25) There is a readiness at all levels of government to engage in activities to improve energy efficiency and reduce carbon emissions, as evidenced by the public consultation referred to in recital 14. The role of ICT in achieving these objectives is also the focus of ongoing initiatives by public authorities across Europe. Effective cooperation among national, regional and local levels of Member State governments is needed to ensure coherence between measures, exploit positive synergy between them and build a body of collective knowledge from sharing the results of experience. (26) It is estimated that the wider use of applications such as, on-line public services and applications, and advanced collaboration technologies could save at least 1 to 2% of total energy-use by 2020 worldwide (19). For the EU to generate savings on a large scale, a Europe-wide broadband infrastructure will be essential. (27) No single organisation or group of stakeholders can act effectively alone. Concerted action by many organisations, in both the public and private sectors, including partnerships at city and regional levels, can pioneer systemic change across society. Moreover, the Commission wishes to encourage the exchange of best practices on the use of ICT solutions to improve energy efficiency. (28) Engagement at national, regional and local level is necessary if real progress is to be made. It is therefore up to the Member States national, regional and local policy makers to confirm their full commitment to facilitating the timely implementation of the measures set out in this Recommendation. HEREBY RECOMMENDS that the Information and Communication Technologies sector In order to curtail its growing share of global carbon emissions and strengthen the potential of Information and Communication Technologies (ICT) to play a central and critical role in the transition to an energy-efficient, low carbon economy, (1) commits to a progressive decarbonisation process leading to a measurable and verifiable reduction in energy intensity and carbon emissions of all processes involved in the production, transport and sales of ICT equipment and components. (2) participates, through its sector associations, in an exercise to be initiated by the European Commission that aims to: (a) develop a framework to measure its energy and environmental performance, for which the sector will be expected to contribute the baseline data by 2010; (b) adopt and implement common methodologies to this end by 2011; (c) identify, by 2011, energy efficiency targets that aim to exceed the EU 2020 targets by 2015; (d) issue a roadmap within three months of adoption of this Recommendation, thereafter annual reports; (3) works with the European Commission and other relevant public bodies and international organisations in order to develop an auditing and verification framework assessing whether and how energy intensity and carbon emissions reduction targets will be met by individual companies. (4) in close cooperation with the buildings and construction sector identifies ICT solutions to improve the environmental and energy performance of new and existing buildings, and construction and renovation practices, leading to a joint roadmap for large-scale adoption of such solutions. (5) in close cooperation with the buildings and construction sector addresses barriers to the wider use of ICT modelling and simulation tools and other relevant applications that facilitate and assist compliance with applicable regulatory regimes governing buildings performance. (6) in close cooperation with the transport and logistics sector identifies ICT solutions to improve the environmental and energy performance of their services, leading to a joint roadmap for large-scale adoption of such solutions, in coordination with the work carried out under the ITS Action Plan. (7) in close cooperation with the transport and logistics sector drafts a systematic framework to provide comprehensive, comparable and reliable data on the energy consumption and carbon emissions of freight and transport operations and services to all potential users. HEREBY RECOMMENDS THAT MEMBERS STATES: In order to ensure full coherence of ICT policies with national, local and regional approaches to making the transition to an energy-efficient, low-carbon economy, (8) through their competent national authorities: (a) by the end of 2010 at the latest, agree on a common minimum functional specification for smart metering that focuses on providing consumers with improved information on, and improved capabilities to manage, their energy consumption; (b) by the end of 2012 at the latest, set up a coherent timeframe for the rollout of smart metering. (9) adopt and implement procurement practices that leverage the strength of public sector demand to promote the dematerialisation of ICT goods and services. (10) facilitate, at all levels of administration, the use of relevant ICT tools to better understand the implications of different policies and avoid negative spill-over effects from their interaction. (11) encourage the use of energy simulation and modelling in the education and training of professionals in critical sectors, in particular: (a) architects, builders and installers; (b) energy auditors; (c) logistics and the transport of goods or persons; (d) public services, planning and policy functions. (12) through their national, regional and local authorities, pursue, and, where necessary, upgrade strategies for the roll-out of a dependable, high-speed, broadband infrastructure to facilitate monitoring and management of consumption, distribution and production of energy including renewables, and the introduction of community-wide systems such as smart metering, smart-grids and smart-cities. (13) in addition to their obligation foreseen in the Art. 3.11 and Annex I.2 of the Directive 2009/72/EC for the internal market in electricity (20) engage all relevant stakeholders in large-scale pilots and demonstrations of smart metering and smart grids, to build consensus on the requirements for the emergence of future ICT-enabled innovations. (14) through their national, regional and local authorities, make use of open digital platforms to facilitate an integrated approach to urban planning and public service delivery, and to support knowledge-sharing, catalogues of best practices, and the maintenance of easily accessible information repositories. (15) through their national, regional and local authorities, open up opportunities for creative forms of collaboration and problem-solving at the community level through calls for ideas, competitions, and where possible by providing open access to a wide range of public digital resources and public data. (16) through their national, regional and local authorities, extend the benefits of substituting offline administrative processes with online applications and services, which realise energy efficiency improvements, to all segments of their communities. HEREBY INVITES the Member States: to inform the Commission of action taken in response to this Recommendation within 12 months of its publication, and once a year thereafter. Done at Brussels, 9 October 2009. For the Commission Viviane REDING Member of the Commission (1) OJ L 114, 27.4.2006, p. 64. (2) As mentioned in the Synthesis of the complete assessment of all 27 National Energy Efficiency Action Plans, ‘Moving forward together on saving energy’, SEC(2009)889 final, required by Directive 2006/32/EC. (3) COM(2006) 545. (4) COM(2008) 30. (5) Conclusions of the European Council 11 and 12, December 2008 - Presidency conclusions, 17271/1/08 REV 1, 13 February 2009. (6) COM(2008) 241. (7) COM(2008) 397. (8) COM(2003) 302. (9) The International Reference Life Cycle Reference System (ILCD) Handbook and supporting Data Network. http://lct.jrc.ec.europa.eu/eplca/deliverables/international-reference-life-cycle-data-system-ilcd-handbook. (10) COM(2008) 800, A European Economic Recovery Plan. (11) COM(2009) 36. (12) COM(2008) 886, Action Plan for the Deployment of Intelligent Transport Systems in Europe and COM(2008) 887, Proposal for a Directive: Framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other transport modes. (13) Bio Intelligence ‘Impacts of Information and Communication Technologies on Energy Efficiency’. (14) OJ L 191, 22.7.2005, p. 29. (15) COM(2009) 111 final. (16) Public Consultation on Information and Communication Technologies for a Low Carbon Society, March 30 - June 14, 2009. (17) OECD Guide to Measuring the Information Society, Rev. July 2009. www.oecd.org/sti/measuring-infoeconomy/guide. (18) SMART 2020: Enabling the low carbon economy in the information age, a report by The Climate Group on behalf of the Global eSustainability Initiative (GeSI). (19) SMART 2020: Enabling the low carbon economy in the information age, a report by The Climate Group on behalf of the Global eSustainability Initiative (GeSI). (20) OJ L 211, 14.8.2009, p. 55.

Summary: ICT-related recommendations to help the EU turn into a more energy-efficient, low-carbon economy ICT-related recommendations to help the EU turn into a more energy-efficient, low-carbon economy The European Commission has set out a range of recommendations for the Information and Communication Technologies (ICT) industry and EU Member States to move the EU towards becoming a more energy-efficient, low carbon economy. ACT Commission Recommendation 2013/105/EC of 9 October 2009 on mobilising Information and Communications Technologies to facilitate the transition to an energy-efficient, low-carbon economy. SUMMARY The European Commission has produced two sets of recommendations, one for the Information and Communications Technologies (ICT) sector and the other for EU Member States, to shift the EU towards becoming a more energy-efficient and low carbon economy. Recommendations for the ICT sector An overall aim for the ICT sector is to demonstrate a measurable and verifiable reduction in energy intensity and carbon emissions in all processes involved in the production, transport and sales of ICT equipment and components. One example of a recommendation is for the ICT sector to identify ICT solutions to improve the environmental performance of new and existing buildings as well as construction and renovation practices. Another example is for the ICT sector to identify ICT solutions together with the transport and logistics sector to improve the environmental and energy performance of these services. The Commission also called on the ICT sector to agree on common methodologies for measuring energy consumption and carbon emissions by 2010. Recommendations for EU Member States Among other things, the Commission asked EU Member States to use ICT-based solutions to improve energy efficiency. Smart metering Smart grids and smart metering systems can improve production efficiency and control, and the distribution and consumption of energy. EU Member States had until the end of 2010 to agree on a common specification for smart metering to provide consumers with better information and help them manage their energy consumption. With smart metering in their homes, for example, consumers could reduce their energy consumption by as much as 10%. In 2012, the Commission produced an inventory of smart grid and smart metering projects in Europe. This includes 459 smart grid projects and around 90 smart metering pilots and roll-outs from 30 European countries, that is 28 EU Member States (EU-28 (1)), plus Switzerland and Norway. Use of ICT for energy simulation and modelling Public administrations of EU Member States at national, regional and local levels are urged to make better use of ICT tools for energy simulation and modelling, including in the training of professionals in buildings, transports and logistics sectors. Another suggestion for EU Member States is to boost the take-up of more energy efficient technology by making it a part of public procurement programmes. Context In December 2008, the Union confirmed its commitment to make a reduction of 20 % in its carbon emissions by 2020. The economic and financial crisis has reinforced its will to pursue these objectives and to build a more sustainable economy in the long term. ICTs have a major role to play in attaining these objectives since they are present in virtually all parts of the economy and could contribute to increasing productivity by more than 40%. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Commission Recommendation 2013/105/EC - - OJ L 51 of 23.2.2013 REFERRED DOCUMENTS Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 12 March 2009 on mobilising Information and Communication Technologies (ICTs) to facilitate the transition to an energy-efficient, low-carbon economy [COM(2009) 111 final - Not published in the Official Journal]. last update 05.02.2014(1) The United Kingdom withdraws from the European Union and becomes a third country (non-EU country) as of 1 February 2020.


16.9.2009 EN Official Journal of the European Union L 244/21 COMMISSION DECISION of 14 September 2009 setting up a European Consumer Consultative Group (2009/705/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Whereas: (1) Within the framework of consumer protection as provided for in Article 153 of the Treaty it is appropriate for the Commission to consult consumers on problems concerning the protection of their interests at Community level. (2) Since 1973 the Commission has been assisted by a consultative group created for this purpose by consecutive Decisions, the latest one being Commission Decision 2003/709/EC of 9 October 2003 setting up a European Consumer Consultative Group (1). (3) The work of the Group over an extensive period has shown the necessity to improve its efficiency, representativeness and openness. Therefore, provisions related to the creation of sub-groups and to the adoption of the Group opinions should be clarified and should embody best practices developed over the last years. (4) In this regard, it is further appropriate to revise the procedure for the appointment of members of the Group representing national consumer organisations and to introduce additional reporting obligations on Group members to better involve national consumer organisations in the work of the Group. (5) It is important to ensure that the Group and its members participate actively and effectively to bring a consumer perspective to the broad deliberations among interested stakeholders that are the norm for consultation in Europe today. (6) For reasons of data protection, it is necessary to make the processing of personal data relating to members of the Group subject to Community legislation on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies, HAS DECIDED AS FOLLOWS: Article 1 The European Consumer Consultative Group A European Consumer Consultative Group, hereinafter referred to as ‘the Group’, is hereby set up. Article 2 Task 1. The Group may be consulted by the Commission on all issues related to consumer interests at Community level. 2. The Group: (a) constitutes a group for general discussions on issues related to consumer interests; (b) prepares consumer input into other fora and participates as requested in groups advising the Commission on issues relevant to EU consumer policy; (c) advises the Commission when it outlines policies and activities having an effect on consumers; (d) may give an opinion on Community matters affecting consumers; (e) informs the Commission of developments in consumer policy in the Member States; (f) acts as a source of information and a sounding board on Community action for the national organisations. Article 3 Membership 1. The Group shall be composed of: (a) one member representing national consumer organisations for each Member State; (b) one member for each European consumer organisation. 2. The national consumer organisations referred to in paragraph 1(a) must be representative, in accordance with national rules or practice, of consumers and active at national level. 3. The European consumer organisations referred to in paragraph 1(b) must meet one of the two following sets of criteria: (a) be non-governmental, non-profit-making, independent of industry, commerce and business or other conflicting interests, and (i) have as their primary objectives and activities the promotion and protection of the health, safety and economic interest of consumers in the Community, (ii) have been mandated to represent the interests of consumers at Community level by national consumer organisations in at least half of the Member States that are representative in accordance with national rules or practice, of consumers and are active at regional or national level, and (iii) have provided to the Commission satisfactory accounts of their membership, internal rules and sources of funding, or (b) be non-governmental, non-profit-making, independent of industry, commerce and business or other conflicting interests and (i) have as their primary objectives and activities to represent consumer interests in the standardisation process at Community level and (ii) have been mandated in at least two thirds of the Member States to represent the interests of consumers at Community level by: — bodies representative, in accordance with national rules or practice, of national consumer organisations in the Member States, or — in the absence of such bodies, by national consumer organisations in the Member States that are representative, in accordance with national rules and practice, of consumers and are active at national level. 4. An indicative list of organisations which currently meet the criteria laid down in paragraph 3 is set out in the Annex. Article 4 Appointment 1. The members of the Group representing national consumer organisations shall be appointed in accordance with paragraphs 2 and 3. 2. Each Member State shall propose a list of three candidates, through national bodies representing consumer organisations set up by that Member State, where they exist, or through the competent national authorities. Candidates shall be part of the most representative national consumer organisations according to national rules or practices. 3. The Commission shall appoint one member and one alternate per Member State in accordance with the following criteria: (a) candidates shall have a broad competence and experience in EU consumer affairs; (b) candidates who have not previously been members of this Group shall be given priority; (c) gender balance. 4. The members of the group representing European consumer organisations and an alternate for each member shall be appointed by the Commission on a proposal from the European consumer organisations. 5. Alternates shall automatically replace members who are absent. 6. The Commission shall publish the list of members and alternates on the Internet site of the Health and Consumers Directorate-General and in the C series of the Official Journal of the European Union. The names of members and alternates shall be collected, processed and published in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (2). Article 5 Term of office 1. The term of office of members and alternates shall be three years and shall be renewable in accordance with the procedure laid down in Article 4. 2. At the end of the three-year period, members and alternates shall remain in office until a replacement is found or until their term of office is renewed. 3. The term of office of members and alternates shall lapse before the end of the three-year period (a) in the event of their resignation, retirement or death; (b) if the national bodies or authorities which put them forward as candidates request their replacement; (c) if the Commission requests the replacement of members or alternates who are no longer capable of contributing effectively or who do not fulfil the obligations laid down in Article 7(6). 4. Members and alternates shall be replaced for the remainder of the three-year period in accordance with the procedure laid down in Article 4. Notwithstanding Article 4(2), if only one member or one alternate representing national consumer organisations is to be replaced, the national bodies or authorities shall propose two new candidates of whom the Commission shall appoint one in accordance with Article 4(3). Article 6 Associates and experts 1. On the proposal of the Commission, the Group may invite representatives of other organisations which have the promotion of consumer interests as one of their principal objectives and actively work at European level to this end, to be associated to its work. 2. The Group may invite any person having special expertise on a point on the agenda to participate in its work as an expert. Article 7 Operation 1. The Commission shall (a) determine the form and the timetable according to which the Group will meet; (b) chair the meetings of the Group; (c) provide secretarial services and organise the Group’s work. 2. Sub-groups may be set up to examine specific questions under terms of reference established by the Group. Such groups shall be dissolved as soon as their mandates are fulfilled. 3. The Group may issue opinions at the request of the Commission or on a proposal from a member with the agreement of the Commission. When requesting an opinion, the Commission may fix the deadline within which the opinion is to be delivered. For each opinion, the Group may appoint one or more rapporteurs from amongst its members. The rapporteur shall have the overall responsibility for the preparation of the opinion. 4. The group shall adopt its own rules of procedure on the basis of a proposal made by the Commission. 5. The Commission shall publish on the Internet site of the Health and Consumers Directorate-General, in the original language of the document concerned, any opinion, summary, conclusion, or partial conclusion or working document of the group. 6. The members of the Group representing national consumer organisations shall inform and consult the associations they are representing in the Group. Each member shall put in place effective reporting mechanisms to systematically inform all consumer organisations at national level of the work of the Group and shall convey their views in return. 7. Each member shall produce a report to the Commission by 1 March on the work undertaken in the previous calendar year in pursuit of their obligation under paragraph 6. The content of this report will be further defined in the rules of procedure. Article 8 Confidentiality Without prejudice to Article 287 of the Treaty, the members and alternates of the Group shall not divulge any information obtained from their work in the Group or its sub-groups when the Commission informs them that the opinion requested or question raised is of a confidential nature. Article 9 Meeting expenses 1. The Commission shall reimburse travel and, where appropriate, subsistence expenses for members in connection with the group’s activities in accordance with the Commission’s rules on the compensation of external experts. 2. Members shall not be remunerated for the services they render. 3. Meeting expenses shall be reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services. Article 10 Repeal Decision 2003/709/EC is hereby repealed. Done at Brussels, 14 September 2009. For the Commission Meglena KUNEVA Member of the Commission (1) OJ L 258, 10.10.2003, p. 35. (2) OJ L 8, 12.1.2001, p. 1. ANNEX Organisations which currently meet the criteria laid down in Article 3(3) are: — BEUC — Bureau Européen des Unions des Consommateurs; — ANEC — European Association for the Co-ordination of Consumer Representation in Standardisation.

Summary: Consultative Group for EU consumers Consultative Group for EU consumers SUMMARY OF: Commission Decision 2009/705/EC – European Consumer Consultative Group WHAT IS THE AIM OF THE DECISION? It creates the European Consumer Consultative Group – a discussion group on issues related to consumer interests at European Union (EU) level. It repeals and clarifies the provisions of Decision 2003/709/EC. Using the experience acquired, it aims to improve the effectiveness, representativeness and openness of the group. KEY POINTS The group may be consulted on all issues related to consumer interests at EU level. It gives opinions and advises the European Commission. It also serves as a platform for the exchange of information between the organisations represented and informs the national organisations about EU activities. Membership The group is composed of: 1 representative of national consumer organisations for each EU country; 1 representative from each European consumer organisation (BEUC and ANEC). There are 2 associate members (Eurocoop and Coface) and 2 observers (Iceland and Norway). European-level consumer organisations must meet several criteria. They must be non-governmental, non-profit-making and independent of industry, commerce and business. They must also: have as their primary activity the protection of the health, safety and economic interest of consumers; represent consumers in at least half of the EU countries; be able to provide the Commission with details of their membership, internal rules and sources of funding. Or: be active in the European standardisation process; have been mandated in at least two-thirds of the EU countries to represent the interests of consumers at EU level. Appointment and terms of office of members The group is composed of 30 members appointed for 3 years. Their term of office is renewable. Members of the group representing national consumer organisations are appointed following the proposals of candidates sent by the national administrations. The Commission appoints 1 member and 1 alternate per EU country based on a series of criteria: candidates must have a broad competence and experience in EU consumer affairs; candidates who have not previously been members of the group are given priority; the gender balance must be guaranteed at the level of the group as a whole. Members of the group representing EU consumer organisations and an alternate for each member are appointed by the Commission on a proposal from the European consumer organisations. In the interests of debate, the Commission may invite associate members or experts who are members of organisations not represented in the group. Operation The Commission determines the frequency of the group’s meetings. It chairs the group and provides secretarial services. The group adopts its own rules of procedure on the basis of a proposal made by the Commission. The group may decide to set up temporary sub-groups to examine specific questions. There are currently 2 sub-groups: energy and digital single market. FROM WHEN DOES THE DECISION APPLY? It has applied since 14 September 2009. BACKGROUND The EU guarantees a high level of protection for consumers, a requirement which it takes into account in preparing its policies and actions. Before making any plans which may have an effect on consumers, the Commission consults the consumer organisations represented within the consumer consultative group. Since 1973, the Commission has been assisted by a consumer consultative group created by consecutive Decisions, the last one being Decision 2009/705/EC. For more information, see: European Consumer Consultative Group (ECCG) on the European Commission’s website. MAIN DOCUMENT Commission Decision 2009/705/EC of 14 September 2009 setting up a European Consumer Consultative Group (OJ L 244, 16.9.2009, pp. 21–24) RELATED DOCUMENTS Commission Decision of 18 August 2016 on appointing the members of the European Consumer Consultative Group and their alternates (C/2016/5417) (OJ C 306, 23.8.2016, pp. 4-5) last update 04.11.2016