13.8.2008 EN Official Journal of the European Union L 218/129 COUNCIL DECISION 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 30(1)(b) and Article 34(2)(c) thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Parliament, Whereas: (1) Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (1) established the VIS as a system for the exchange of visa data between Member States. The establishment of the VIS represents one of the key initiatives within the policies of the European Union aimed at establishing an area of freedom, security and justice. The VIS should have the purpose of improving the implementation of the common visa policy and should also contribute towards internal security and to combating terrorism under clearly defined and monitored circumstances. (2) During its meeting of 7 March 2005 the Council adopted conclusions stating that ‘in order to achieve fully the aim of improving internal security and the fight against terrorism’, Member State authorities responsible for internal security should be guaranteed access to the VIS, ‘in the course of their duties in relation to the prevention, detection and investigation of criminal offences, including terrorist acts and threats’, ‘subject to strict compliance with the rules governing the protection of personal data’. (3) It is essential in the fight against terrorism and other serious crimes for the relevant services to have the fullest and most up-to-date information in their respective fields. The Member States' competent national services need information if they are to perform their tasks. The information contained in the VIS may be necessary for the purposes of preventing and combating terrorism and serious crimes and should therefore be available, subject to the conditions set out in this Decision, for consultation by the designated authorities. (4) Moreover, the European Council has stated that Europol has a key role with respect to cooperation between Member States' authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently, Europol should also have access to VIS data within the framework of its tasks and in accordance with the Convention of 26 July 1995 on the Establishment of a European Police Office (2). (5) This Decision complements Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on 7 stay-visas (VIS Regulation) (3) insofar as it provides for a legal base under Title VI of the Treaty on European Union authorising access to the VIS for designated authorities and for Europol. (6) It is necessary to designate the competent Member States' authorities as well as the central access points through which access is done and to keep a list of the operating units within the designated authorities that are authorised to access the VIS for the specific purposes of the prevention, detection and investigation of terrorist offences and other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (4). It is essential to ensure that the duly empowered staff with a right to access the VIS is limited to those who ‘have a need to know’ and possess appropriate knowledge about data security and data protection rules. (7) Requests for access to the VIS should be made by the operating units within the designated authorities to the central access points. These central access points should then process the requests for access to the VIS following a verification whether all conditions for access are fulfilled. In an exceptional case of urgency the central access points should process the request immediately and only do the verification afterwards. (8) For the purposes of protection of personal data, and in particular to exclude routine access, the processing of VIS data should only be on a case-by-case basis. Such a specific case exists in particular when the access for consultation is connected to a specific event or to a danger associated with serious crime, or to (a) specific person(s) in respect of whom there are serious grounds for believing that the person(s) will commit or has (have) committed terrorist offences or other serious criminal offences or that the person(s) has (have) a relevant connection with such (a) person(s). The designated authorities and Europol should thus only search data contained in the VIS when they have reasonable grounds to believe that such a search will provide information that will substantially assist them in preventing, detecting or investigating serious crime. (9) Once the proposed Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters has entered into force it should apply to the personal data which are processed pursuant to this Decision. However, until the rules set out in that Framework Decision are applicable and in order to supplement them, adequate provisions have to be provided for to ensure the necessary data protection. Each Member State should ensure an adequate data protection level in its national law which at least corresponds to that resulting from the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data and the corresponding case law pursuant to Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and, for those Member States which have ratified it, the Additional Protocol of 8 November 2001 to that Convention, and should take into account Recommendation No R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe Regulating the Use of Personal Data in the Police Sector. (10) The effective monitoring of the application of this Decision should be evaluated at regular intervals. (11) Since the objectives of this Decision, namely the creation of obligations and conditions for access for consultation of VIS data by Member States' designated authorities and by Europol, cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale and effects of the action, be better achieved at the level of the European Union, the Council may adopt measures in accordance with the principle of subsidiarity, referred to in Article 2 of the Treaty on European Union and defined in Article 5 of the Treaty establishing the European Community. 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 those objectives. (12) In accordance with Article 47 of the Treaty on European Union, this Decision does not affect the competences of the European Community, in particular as exercised in Regulation (EC) No 767/2008 and in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (5). (13) 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 (6). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application. (14) 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 (7). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application. (15) However, in accordance with Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (8), information contained in the VIS can be provided to the United Kingdom and Ireland by the competent authorities of the Member States whose designated authorities have access to the VIS pursuant to this Decision. Information held in the national visa registers of the United Kingdom and Ireland can be provided to the competent law enforcement authorities of the other Member States. Any form of direct access for central authorities of the United Kingdom and Ireland to the VIS would, under the present state of their participation in the Schengen acquis, require an agreement between the Community and those Member States, possibly to be supplemented by other rules specifying the conditions and procedures for such access. (16) As regards Iceland and Norway, this Decision constitutes, with the exception of Article 7, 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 (9) which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC (10) on certain arrangements for the application of that Agreement. (17) As regards Switzerland, this Decision constitutes, with the exception of Article 7, a development of the provisions of the Schengen acquis within the meaning of the Agreement signed by the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/849/EC (11). (18) This Decision, save Article 6, constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession and Article 4(2) of the 2005 Act of Accession. (19) This Decision respects the fundamental rights and observes the principles reflected in particular in the Charter of Fundamental Rights of the European Union, HAS DECIDED AS FOLLOWS: Article 1 Subject matter and scope This Decision lays down the conditions under which Member States' designated authorities and the European Police Office (Europol) may obtain access for consultation of the Visa Information System (VIS) for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences. Article 2 Definitions 1. For the purposes of this Decision, the following definitions shall apply: (a) ‘Visa Information System (VIS)’ means the Visa Information System as established by Decision 2004/512/EC; (b) ‘Europol’ means the European Police Office as established by the Convention of 26 July 1995 on the Establishment of a European Police Office (the Europol Convention); (c) ‘terrorist offences’ means the offences under national law which correspond or are equivalent to the offences in Articles 1 to 4 of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (12); (d) ‘serious criminal offences’ means the forms of crime which correspond or are equivalent to those referred to in Article 2(2) of Framework Decision 2002/584/JHA; (e) ‘designated authorities’ means authorities which are responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences and designated by the Member States pursuant to Article 3. 2. The definitions in Regulation (EC) No 767/2008 shall also apply. Article 3 Designated authorities and central access points 1. Member States shall designate the authorities referred to in Article 2(1)(e) which are authorised to access VIS data pursuant to this Decision. 2. Every Member State shall keep a list of the designated authorities. By 2 December 2008 every Member State shall notify in a declaration to the Commission and the General Secretariat of the Council their designated authorities and may at any time amend or replace its declaration by another declaration. 3. Every Member State shall designate the central access point(s) through which the access is done. Member States may designate more than one central access point to reflect their organisational and administrative structure in fulfilment of their constitutional or legal requirements. By 2 December 2008 every Member State shall notify in a declaration to the Commission and the General Secretariat of the Council their central access point(s) and may at any time amend or replace its declaration by another declaration. 4. The Commission shall publish the declarations referred to in paragraphs 2 and 3 in the Official Journal of the European Union. 5. At national level, each Member State shall keep a list of the operating units within the designated authorities that are authorised to access the VIS through the central access point(s). 6. Only duly empowered staff of the operational units as well as the central access point(s) shall be authorised to access the VIS in accordance with Article 4. Article 4 Procedure for access to the VIS 1. Where the conditions of Article 5 are fulfilled the operating units referred to in Article 3(5) shall submit a reasoned written or electronic request to the central access points referred to in Article 3(3) to access the VIS. Upon receipt of a request for access the central access point(s) shall verify whether the conditions for access referred to in Article 5 are fulfilled. If all conditions for access are fulfilled, the duly authorised staff of the central access point(s) shall process the requests. The VIS data accessed shall be transmitted to the operating units referred to in Article 3(5) in such a way as not to compromise the security of the data. 2. In an exceptional case of urgency, the central access point(s) may receive written, electronic or oral requests. In such cases, the central access point(s) shall process the request immediately and only verify ex-post whether all the conditions of Article 5 are fulfilled, including whether an exceptional case of urgency existed. The ex-post verification shall take place without undue delay after the processing of the request. Article 5 Conditions for access to VIS data by designated authorities of Member States 1. Access to the VIS for consultation by designated authorities shall take place within the scope of their powers and if the following conditions are met: (a) access for consultation must be necessary for the purpose of the prevention, detection or investigation of terrorist offences or other serious criminal offences; (b) access for consultation must be necessary in a specific case; (c) there are reasonable grounds to consider that consultation of VIS data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question. 2. Consultation of the VIS shall be limited to searching with any of the following VIS data in the application file: (a) surname, surname at birth (former surname(s)); first name(s); sex; date, place and country of birth; (b) current nationality and nationality at birth; (c) type and number of the travel document, the authority which issued it and the date of issue and of expiry; (d) main destination and duration of the intended stay; (e) purpose of travel; (f) intended date of arrival and departure; (g) intended border of first entry or transit route; (h) residence; (i) fingerprints; (j) type of visa and the number of the visa sticker; (k) details of the person issuing an invitation and/or liable to pay the applicant's subsistence costs during the stay. 3. Consultation of the VIS shall, in the event of a hit, give access to all of the data listed in paragraph 2 as well as to: (a) any other data taken from the application form; (b) photographs; (c) the data entered in respect of any visa issued, refused, annulled, revoked or extended. Article 6 Conditions for access to VIS data by designated authorities of a Member State in respect of which Regulation (EC) No 767/2008 has not yet been put into effect 1. Access to the VIS for consultation by designated authorities of a Member State in respect of which Regulation (EC) No 767/2008 has not yet been put into effect shall take place within the scope of their powers and (a) subject to the same conditions as referred to in Article 5(1); and (b) by a duly motivated written or electronic request to a designated authority of a Member State to which Regulation (EC) No 767/2008 applies; that authority shall then request the national central access point(s) to consult the VIS. 2. A Member State in respect of which Regulation (EC) No 767/2008 has not yet been put into effect shall make its visa information available to Member States to which Regulation (EC) No 767/2008 applies, on the basis of a duly reasoned written or electronic request, subject to compliance with the conditions laid down in Article 5(1). 3. Article 8(1) and (3) to (6), Article 9(1), Article 10(1) and (3), Article 12, Article 13(1) and (3) shall apply accordingly. Article 7 Conditions for access to VIS data by Europol 1. Access to the VIS for consultation by Europol shall take place within the limits of its mandate and: (a) when necessary for the performance of its tasks pursuant to Article 3(1), point 2 of the Europol Convention and for the purposes of a specific analysis as referred to in Article 10 of the Europol Convention; or (b) when necessary for the performance of its tasks pursuant to Article 3(1), point 2 of the Europol Convention and for an analysis of a general nature and of a strategic type, as referred to in Article 10 of the Europol Convention, provided that VIS data is rendered anonymous by Europol prior to such processing and retained in a form in which identification of the data subjects is no longer possible. 2. Article 5(2) and (3) shall apply accordingly. 3. Europol shall designate a specialised unit for the purpose of this Decision with duly empowered Europol officials to act as the central access point to access the VIS for consultation. 4. Processing of information obtained by Europol from access to the VIS shall be subject to the consent of the Member State which has entered that data in the VIS. Such consent shall be obtained via the Europol national unit of that Member State. Article 8 Protection of personal data 1. The processing of personal data consulted under this Decision shall be subject to the following rules and to the national law of the consulting Member State. With regard to the processing of personal data consulted under this Decision, each Member State shall ensure an adequate data protection level in its national law which at least corresponds to that resulting from the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data and, for those Member States which have ratified it, the Additional Protocol of 8 November 2001 to that Convention, and shall take into account Recommendation No R (87)15 of 17 September 1987 of the Committee of Ministers of the Council of Europe Regulating the Use of Personal Data in the Police Sector. 2. The processing of personal data by Europol pursuant to this Decision shall be in accordance with the Europol Convention and the rules adopted in implementation thereof and supervised by the independent joint supervisory body established by Article 24 of the Convention. 3. Personal data obtained pursuant to this Decision from the VIS shall only be processed for the purposes of the prevention, detection, investigation and prosecution of terrorist offences or other serious criminal offences. 4. Personal data obtained pursuant to this Decision from the VIS shall not be transferred or made available to a third country or to an international organisation. However, in an exceptional case of urgency such data may be transferred or made available to a third country or an international organisation, exclusively for the purposes of the prevention and detection of terrorist offences and of other serious criminal offences and under the conditions set out in Article 5(1) of this Decision, subject to the consent of the Member State having entered the data into the VIS and in accordance with the national law of the Member State transferring the data or making them available. In accordance with national law, Member States shall ensure that records are kept of such transfers and make them available to national data protection authorities on request. The transfer of data by the Member State that entered the data in the VIS according to Regulation (EC) No 767/2008 shall be subject to the national law of that Member State. 5. The competent body or bodies which, in accordance with national law, are charged with the supervision of the processing of personal data by the authorities designated under this Decision shall monitor the lawfulness of the processing of personal data pursuant to this Decision. The Member States shall ensure that these bodies have sufficient resources to fulfil the tasks entrusted to them under this Decision. 6. The bodies referred to in paragraph 5 shall ensure that at least every four years an audit of the processing of personal data pursuant to this Decision is carried out, where applicable according to international auditing standards. 7. Member States and Europol shall allow the competent body or bodies referred to in paragraphs 2 and 5 to obtain the necessary information to enable them to carry out their tasks in accordance with this Article. 8. Before being authorised to process data stored in the VIS, the staff of the authorities having a right to access the VIS shall receive appropriate training about data security and data protection rules and shall be informed of any relevant criminal offences and penalties. Article 9 Data security 1. The Member State responsible shall ensure the security of the data during transmission to the designated authorities and when received by them. 2. Each Member State shall adopt the necessary security measures with respect to data to be retrieved from the VIS pursuant to this Decision and to be subsequently stored, in particular in order to: (a) physically protect data, including by making contingency plans for the protection of critical infrastructure; (b) deny unauthorised persons access to national installations in which the Member State stores data (checks at entrance to the installation); (c) prevent the unauthorised reading, copying, modification or removal of data media (data media control); (d) prevent the unauthorised inspection, modification or deletion of stored personal data (storage control); (e) prevent the unauthorised processing of data from the VIS (control of data processing); (f) ensure that persons authorised to access the VIS have access only to the data covered by their access authorisation, by means of individual and unique user identities and confidential access modes only (data access control); (g) ensure that all authorities with a right of access to the VIS create profiles describing the functions and responsibilities of persons who are authorised to access and search the data and make these profiles available to the national supervisory authorities referred to in Article 8(5) without delay upon their request (personnel profiles); (h) ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control); (i) ensure that it is possible to verify and establish what data has been retrieved from the VIS, when, by whom and for what purpose (control of data recording); (j) prevent the unauthorised reading and copying of personal data during their transmission from the VIS, in particular by means of appropriate encryption techniques (transport control); (k) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Decision (self-auditing). Article 10 Liability 1. Any person who, or Member State which, has suffered damage as a result of an unlawful processing operation or any act incompatible with this Decision shall be entitled to receive compensation from the Member State which is responsible for the damage suffered. That Member State shall be exempted from its liability, in whole or in part, if it proves that it is not responsible for the event giving rise to the damage. 2. If any failure of a Member State to comply with its obligations under this Decision causes damage to the VIS, that Member State shall be held liable for such damage, unless and insofar as another Member State failed to take reasonable measures to prevent the damage from occurring or to minimise its impact. 3. Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant Member State. Article 11 Self-monitoring Member States shall ensure that each authority entitled to access VIS data takes the measures necessary to comply with this Decision and cooperates, where necessary, with the national body or bodies referred to in Article 8(5). Article 12 Penalties Member States shall take the necessary measures to ensure that any use of VIS data contrary to the provisions of this Decision is punishable by penalties, including administrative and/or criminal penalties, that are effective, proportionate and dissuasive. Article 13 Keeping of VIS data in national files 1. Data retrieved from the VIS may be kept in national files only when necessary in an individual case in accordance with the purposes set out in this Decision and in accordance with the relevant legal provisions including those concerning data protection and for no longer than necessary in the individual case. 2. Paragraph 1 shall not prejudice the provisions of national law of a Member State concerning the entry by its designated authorities in their national files of data which that Member State entered in the VIS according to Regulation (EC) No 767/2008. 3. Any use of data which does not comply with paragraphs 1 and 2 shall be considered a misuse under the national law of each Member State. Article 14 Right of access, correction and deletion 1. The right of persons to have access to data relating to them obtained from the VIS pursuant to this Decision shall be exercised in accordance with the law of the Member State in which they invoke that right. 2. If national law so provides, the national supervisory authority shall decide whether information is to be communicated and by what procedures. 3. A Member State other than that which has entered the data into the VIS according to Regulation (EC) No 767/2008 may communicate information concerning such data only if it first gives the Member State entering the data an opportunity to state its position. 4. Information shall not be communicated to the data subject if this is indispensable for the performance of a lawful task in connection with the data or for the protection of the rights and freedoms of third parties. 5. Any person has the right to have factually inaccurate data relating to him corrected or unlawfully stored data relating to him deleted. If the designated authorities receive such a request or if they have any other evidence to suggest that data processed in the VIS is inaccurate they shall immediately inform the visa authority of the Member State which has entered the data in the VIS, which shall check the data concerned and, if necessary, correct or delete it immediately, pursuant to Article 24 of Regulation (EC) No 767/2008. 6. The individual concerned shall be informed as soon as possible and in any event not later than 60 days from the date on which he applies for access or sooner if national law so provides. 7. The individual concerned shall be informed about the follow-up given to the exercise of his rights of correction and deletion as soon as possible and in any event not later than three months from the date on which he applies for correction or deletion or sooner if national law so provides. 8. In each Member State any person shall have the right to bring an action or a complaint before the competent authorities or courts of that Member State which refused the right of access to or the right of correction or deletion of data relating to him, provided for in this Article. Article 15 Costs Each Member State and Europol shall set up and maintain, at their expense, the technical infrastructure necessary to implement this Decision, and be responsible for bearing the costs resulting from access to the VIS for the purposes of this Decision. Article 16 Keeping of records 1. Each Member State and Europol shall ensure that all data processing operations resulting from access to the VIS for consultation pursuant to this Decision are recorded for the purposes of checking whether the search is admissible or not, for the purpose of monitoring the lawfulness of data processing, for self-monitoring, ensuring the proper functioning of the system, data integrity and security. Those records shall show: (a) the exact purpose of the access for consultation referred to in Article 5(1)(a), including the form of terrorist offence or other serious criminal offence concerned, and for Europol, the exact purpose of the access for consultation referred to in Article 7(1); (b) the respective national file reference; (c) the date and exact time of access; (d) where applicable that use has been made of the procedure referred to in Article 4(2); (e) the data used for consultation; (f) the type of data consulted; (g) according to national rules or the rules of the Europol Convention the identifying mark of the official who carried out the search and of the official who ordered the search or supply. 2. Records containing personal data shall be used only for the data protection monitoring of the legality of data processing as well as to ensure data security. Only records containing data of a non-personal nature may be used for the monitoring and evaluation referred to in Article 17. 3. These records shall be protected by appropriate measures against unauthorised access and abuse and deleted after a period of one year after the retention period referred to in Article 23(1) of Regulation (EC) No 767/2008 has expired, unless they are required for monitoring procedures referred to in paragraph 2 of this Article which have already begun. Article 17 Monitoring and evaluation 1. The Management Authority referred to in Regulation (EC) No 767/2008 shall ensure that systems are in place to monitor the functioning of the VIS pursuant to this Decision against objectives, in terms of output, cost-effectiveness, security and quality of service. 2. For the purpose of technical maintenance, the Management Authority shall have access to the necessary information relating to the processing operations performed in the VIS. 3. Two years after the VIS is brought into operation and every two years thereafter, the Management Authority shall submit a report to the European Parliament, the Council and the Commission on the technical functioning of the VIS pursuant to this Decision. That report shall include information on the performance of the VIS against quantitative indicators predefined by the Commission, and in particular on the need and use made of Article 4(2). 4. Three years after the VIS is brought into operation and every four years thereafter, the Commission shall produce an overall evaluation of the VIS pursuant to this Decision. This evaluation shall include an examination of the results achieved against objectives and an assessment of the continuing validity of the underlying rationale behind this Decision, the application of this Decision in respect of the VIS, the security of the VIS and any implications for future operations. The Commission shall transmit the evaluation reports to the European Parliament and the Council. 5. The Member States and Europol shall provide to the Management Authority and the Commission the information necessary to draft the reports referred to in paragraph 3 and 4. This information shall not jeopardise working methods nor include information that reveals sources, staff members or investigations of the designated authorities. 6. The Management Authority shall provide the Commission with the information necessary to produce the overall evaluations referred to in paragraph 4. 7. During the transitional period before the Management Authority takes up its responsibilities, the Commission shall be responsible for producing and submitting the reports referred to in paragraph 3. Article 18 Entry into force and date of application 1. This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union. 2. This Decision shall take effect from a date to be determined by the Council once the Commission has informed the Council that Regulation (EC) No 767/2008 has entered into force and is fully applicable. The General Secretariat of the Council shall publish that date in the Official Journal of the European Union. Done at Luxembourg, 23 June 2008. For the Council The President I. JARC (1) OJ L 213, 15.6.2004, p. 5. (2) OJ C 316, 27.11.1995, p. 2. Convention as last amended by the Protocol amending that Convention (OJ C 2, 6.1.2004, p. 3). (3) See page 60 of this Official Journal. (4) OJ L 190, 18.7.2002, p. 1. (5) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1). (6) OJ L 131, 1.6.2000, p. 43. (7) OJ L 64, 7.3.2002, p. 20. (8) OJ L 386, 18.12.2006, p. 89. (9) OJ L 176, 10.7.1999, p. 36. (10) OJ L 176, 10.7.1999, p. 31. (11) Decision 2004/849/EC of 25 October 2004 on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 368, 15.12.2004, p. 26). (12) OJ L 164, 22.6.2002, p. 3.

Summary: Rules for access to the EU’s Visa Information System (VIS) Rules for access to the EU’s Visa Information System (VIS) SUMMARY OF: Decision 2008/633/JHA: access to the Visa Information System by EU countries' authorities and Europol SUMMARY WHAT DOES THIS DECISION DO? The Visa Information System (VIS) is a tool that supports the implementation of the common EU visa policy. It allows Schengen States to exchange visa data. It consists of a central IT system and a communication infrastructure that links this central system to national systems. The decision allows the VIS to be used to prevent, detect and investigate terrorist offences and other serious criminal offences. It enables designated law enforcement authorities (such as authorities responsible for tackling terrorism or serious criminal offences e.g. drug trafficking or trafficking in human beings) in the countries of the Schengen Area and Europol to access the VIS. The national designated authorities must follow a procedure to access the VIS once all conditions for access are fulfilled. The decision also lays down rules to protect the personal data of visa holders. KEY POINTS VIS connects consulates in non-EU countries and all external border crossing points of Schengen States. It processes data and decisions relating to applications for short-stay visas to visit, or to transit through, the Schengen Area. The VIS prevents fraudulent visa document abuses by assisting border guards when verifying that the bearer of a visa is its rightful holder. Access to the VIS data applies on a case-by-case basis with reasoned written or electronic requests. The designated authorities may only consult the VIS if it is necessary or if there are reasonable grounds for believing that such a search would substantially help in preventing, detecting or investigating serious crime. This may happen, for example, in cases of terrorism or with persons linked directly or indirectly to terrorist or other serious criminal offences. Europol may only access VIS within the limits of its mandate and when it is necessary for the performance of its tasks. Type of searches in the VIS Searches in the VIS are limited to specific data, for example: — surname, first names, sex and date, place and country of birth; — current nationality and nationality at birth of the visa applicant; — type and number of the travel document; — purpose of travel, and intended date of arrival and departure; — intended border of first entry or transit route; — fingerprints; — type of visa and number of the visa sticker; — details of the person who has issued an invitation for the visa applicant, etc. If the search using any of the above data is successful, the authorities may in addition access other data, such as photographs. Protection of personal data and data security When processing personal data in line with this decision, each EU country has to ensure an adequate level of data protection. Only in urgent cases and for the purpose of preventing and detecting serious offences, personal data may be transferred to non-EU countries or to international organisations. However, in such cases, the consent of the EU countries that entered the data must be obtained. EU countries must also ensure the security of the data accessed in VIS during their transmission to the designated authorities. WHEN DOES THIS DECISION APPLY? Council Decision (EU) 2015/1956 set 1 September 2013 as the date on which Decision 2008/633/JHA was to take effect. BACKGROUND The VIS was established by Council Decision 2004/512/EC of 8 June 2004. On 7 March 2005, the Council adopted conclusions stating that EU countries authorities should be guaranteed access to the VIS in order to fight against terrorism and other criminal offences. — Visa Information System. ACT Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ L 218, 13.8.2008, pp. 129–136) RELATED ACTS Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, pp. 60–81) Successive amendments and corrections to Regulation (EC) No 767/2008 have been incorporated into the original text. This consolidated version is for reference only. last update 23.11.2015


EUR-Lex - 22009A0528(01) - EN Important legal notice | 22009A0528(01) Agreement between the European Community and the Government of the Russian Federation on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea Official Journal L 129 , 28/05/2009 P. 0002 - 0007 Agreementbetween the European Community and the Government of the Russian Federation on cooperation in fisheries and the conservation of the living marine resources in the Baltic SeaTHE EUROPEAN COMMUNITYandTHE GOVERNMENT OF THE RUSSIAN FEDERATION,hereinafter referred to as the "Parties",NOTING that the Convention on Fishing and Conservation of the Living Resources in the Baltic Sea and the Belts (Gdansk Convention) of 1973 will cease to be applied on 1 January 2007,RECOGNISING that following the accession of Sweden and Finland to the Community on 1 January 1995 and Estonia, Latvia, Lithuania and Poland on 1 May 2004, elements of the fisheries agreements pertaining to maritime fisheries in the Baltic Sea concluded respectively by the Governments of the Republic of Latvia, the Kingdom of Sweden, the Republic of Finland, the Republic of Estonia, the Republic of Poland and the Republic of Lithuania with the Government of the Russian Federation are now managed by the Community,RECOGNISING the necessity to replace these fisheries agreements, insofar as they concern the maritime fisheries in the Baltic Sea, and the Gdansk Convention of 1973, with a new agreement between the European Community and the Government of the Russian Federation,AFFIRMING their common desire to ensure the conservation and long-term sustainable management and exploitation of the fish stocks in the Baltic Sea,GUIDED by the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 and of the United Nations Agreement for the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 December 1995,GUIDED by the Agreement on partnership and cooperation establishing a partnership between the European Community and its Member States, of the one part, and the Russian Federation, of the other part of 24 June 1994, hereinafter referred to as the "PCA", and with a common desire to intensifying these relations,TAKING INTO ACCOUNT the Code of Conduct for Responsible Fisheries adopted by the Council of the Food and Agriculture Organisation of the United Nations at the FAO Conference in 1995,TAKING INTO ACCOUNT the Johannesburg Declaration on Sustainable Development adopted by the World Summit on Sustainable Development in September 2002,CONSIDERING that some of the living marine resources of the Baltic Sea consists of straddling stocks migrating between the Exclusive Economic Zones of the two Parties and associated and dependent stocks, and that an effective conservation and sustainable exploitation of these stocks can therefore only be achieved through cooperation between the Parties in fisheries management as well as through control and enforcement,RECOGNISING that the Parties are committed to developing an ecosystem based approach to fisheries management based on the best available scientific advice and based on respecting the duties of the coastal State to ensure proper conservation and management measures for the maintenance of the living resources in the Exclusive Economic Zone in accordance with the United Nations Convention of the Law of the Sea of 10 December 1982,DESIROUS to continue their cooperation in the framework of the appropriate international fisheries organisations for the purpose of the joint conservation, sustainable exploitation and management of all relevant fishery resources and confirming the intention of the Parties to continue to develop the principles enshrined in the Gdansk Convention,RECOGNISING the importance of scientific research for the conservation, sustainable exploitation and management of fishery resources, in particular within the context of the International Council for the Exploration of the Sea (ICES) and desirous to promote further cooperation in this field,HAVE AGREED AS FOLLOWS:Article 1Use of termsFor the purpose of this Agreement:(a) "Exclusive Economic Zone of the Parties" means Exclusive Economic Zone of the Russian Federation and the Exclusive Economic Zones of the Member States of the European Community, respectively;(b) "territorial sea of the Parties" means the territorial sea of the Russian Federation and the territorial sea of the Member States of the European Community, respectively;(c) "living marine resources" means available living marine species, including anadromous and catadromous species;(d) "fishing vessels of the Parties" means fishing vessels flying the flag of the Russian Federation and fishing vessels flying the flag of Member States of the European Community, respectively, equipped for the commercial fisheries exploitation of living marine resources;(e) "sustainable exploitation" means the exploitation of a stock in such a way that the future exploitation of the stock will not be prejudiced and that it does not have a negative impact on the marine eco-systems;(f) "straddling stocks" means any stock of fish that migrates regularly across the delimitations of Exclusive Economic Zones of the Parties in the Baltic Sea;(g) "fishing effort" means the product of the capacity and the activity of a fishing vessel; for a group of vessels it is the sum of the fishing effort of all vessels in the group;(h) "precautionary approach to fisheries management" means that the absence of adequate scientific information should not be used as a reason for postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment.Article 2Geographical area to which the Agreement appliesThe geographical area to which this Agreement applies, hereinafter referred to as "the Baltic Sea", means all waters of the Baltic Sea and the Belts, excluding internal waters, bounded in the west by a line as from Hasenore Head to Gniben Point, from Korshage to Spodsbierg and from Gilbierg Head to the Kullen.Article 3Territorial applicationThis Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the Russian Federation.Article 4Objectives1. The objective of this Agreement is to ensure a close cooperation between the Parties on the basis of the principle of equitable and mutual benefit for the purpose of conservation, sustainable exploitation and management of any straddling, associated and dependent stocks in the Baltic Sea.2. The Agreement lays down the principles and procedures relating to the close cooperation between the Parties with the purpose of ensuring that the exploitation of the straddling, associated and dependent stocks in the Baltic Sea provides sustainable economic, environmental and social conditions.3. The Parties shall base their cooperation on the best scientific advice available and on any other relevant data, shall apply the precautionary approach and shall agree to develop an eco-system based approach to fisheries management.Article 5Joint management measures1. Each Party may, on the basis of the principle of mutual benefit and in compliance with its own legislation, allow fishing vessels of the other Party to fish within the Exclusive Economic Zone of this Party in the Baltic Sea.2. The Parties may exchange quotas in the Baltic Sea on a reciprocal basis.3. To achieve the objectives of this Agreement the Parties shall establish measures governing the exploitation of the straddling stocks in the Baltic Sea, while taking into account associated and dependent species. The measures may include, inter alia:(a) Total allowable catches (TACs) for the straddling stocks and groups of straddling stocks as well as allocations between the Parties. The allocations shall be based on the historical distribution of fishing possibilities taking into account the need to have a more stock specific management as advised by ICES;(b) Long-term management plans for the fisheries on straddling stocks;(c) Limitation of fishing effort; and(d) Technical measures.4. The implementation of the provisions of paragraphs 1, 2 and 3 of this Article shall be dealt with in a Joint Baltic Sea Fisheries Committee referred to in Article 14 of this Agreement.Article 6Autonomous management measures by the Parties1. Each Party shall establish total allowable catches and long-term management plans for non-straddling stocks in the Baltic Sea, while taking into account associated and dependent species.2. If, in the framework of the Joint Baltic Sea Fisheries Committee referred to in Article 14 of this Agreement, it has not been possible to agree on appropriate management measures to be recommended to their respective authorities, the Parties shall establish autonomous measures in order to ensure that the objectives as set out in Article 4 of this Agreement are achieved on the management of the exploitation and conservation of living marine resources of the Baltic Sea, while taking into account associated and dependent species.3. Measures taken pursuant to paragraph 2 of this Article shall be based on objective scientific criteria and shall not discriminate in fact or in law against the other Party.4. In addition to recommendations on measures adopted by the Joint Baltic Sea Fisheries Committee each Party may establish such conservation and management measures as it deems necessary to achieve the objectives as set out in Article 4 of this Agreement.5. The measures to regulate fisheries taken by each Party within its Exclusive Economic Zone and its territorial sea for the purpose of conservation shall be based on objective and scientific criteria, while taking into account associated and dependent species, and shall not discriminate in fact or in law against the other Party.Article 7Licensing1. Each Party shall require that fishing in specified areas of its Exclusive Economic Zone in the Baltic Sea by fishing vessels of the other Party shall be subject to licence (permit).2. The competent authority of each Party shall communicate in due time to the other Party the name, registration number, and other relevant particulars of the fishing vessels which shall be eligible to fish within the specified areas of the Exclusive Economic Zone of the other Party in the Baltic Sea.3. The implementation of the conditions for the licensing shall be in accordance with recommendations adopted by the Joint Baltic Sea Fisheries Committee as referred to in Article 14 of this Agreement.4. Upon receiving the licence (permit) application, each Party shall, in compliance with its applicable legislation, issue the license (permit) required for fishing within specified areas of its Exclusive Economic Zone in the Baltic Sea.Article 8Compliance with conservation and management measures as well as other fisheries regulations1. Each Party shall, in accordance with its own laws, regulations and administrative rules, take the necessary steps to ensure the observance by their fishing vessels of rules and regulations established in law by the other Party for the exploitation of fishery resources in the Exclusive Economic Zone of that other Party in the Baltic Sea.2. Each Party may, in respect of its Exclusive Economic Zone in the Baltic Sea and in accordance with applicable legislation and international law, take such measures as may be necessary to ensure compliance with the provisions of this Agreement by the fishing vessels of the other Party.3. Each Party shall notify the other Party, in advance and in the appropriate manner, of regulations and measures for regulating fishing as well as of any amendments to those regulations and measures.4. Each Party shall take such measures as may be necessary to ensure compliance with the provisions of this Agreement within its Exclusive Economic Zone and within its territorial sea.Article 9Control and enforcement cooperationThe Parties shall cooperate on control and enforcement in the Baltic Sea. To this end, the Parties agree to establish a plan for the exchange of control and enforcement strategies.Article 10InspectionsEach Party shall agree to inspections on its fishing vessels carried out by the competent bodies of the other Party responsible for fishing operations in its Exclusive Economic Zone in the Baltic Sea. Each Party shall facilitate such inspections for the purpose of monitoring the observance of the regulatory measures and regulations referred to in Article 8 of this Agreement.Article 11Arrest and detention of vessels1. The competent bodies of each Party shall, in case of arrest or detention of fishing vessels of the other Party, promptly notify the competent bodies of that Party through diplomatic channels or other official channels of the action taken and any penalties subsequently imposed.2. The competent bodies of each Party shall promptly release fishing vessels and crews which are arrested upon the posting of reasonable amount of bail or other security by the ship owner or his representative, determined in accordance with applicable legislation of the Russian Federation and the Member States of the European Community.Article 12Scientific cooperation1. The Parties shall request ICES to provide scientific advice for straddling, associated and dependent stocks in the Baltic Sea in order to provide the basis for the adoption of joint management measures for these stocks.2. The Parties undertake within the framework of ICES to cooperate in the conduct of the scientific research of relevance to this Agreement.3. The Parties shall encourage cooperation amongst scientists and experts concerning fisheries issues of reciprocal interest including in the fields of aquaculture.Article 13Anadromous and catadromous species1. The Parties shall cooperate for the purpose of the conservation of anadromous and catadromous species in accordance with the United Nations Convention on the Law of the Sea, in the framework of this Agreement and relevant international arrangements, in order to promote the conservation, restoration, enhancement and rational management of these stocks in the Baltic Sea.2. Notwithstanding the geographical area of application of the Agreement defined in Article 2 of this Agreement, the Parties may agree to extend cooperation on the management of anadromous and catadromous species, but excluding such species which live their entire life cycle in internal waters.Article 14Joint Baltic Sea Fisheries Committee1. To achieve the objectives of this Agreement, the Parties shall establish a Joint Baltic Sea Fisheries Committee (hereafter referred to as "the Committee").2. Each Party shall appoint its representative and assistant representative to the Committee and inform the other Party through official channels thereof.3. The Committee shall consider all issues pertaining to the scope and application of this Agreement and provide recommendations to the Parties.4. The Committee shall, in particular:(a) Examine the development and dynamics of the straddling, associated and dependent stocks in the Baltic Sea and the fisheries exploiting them;(b) Supervise the implementation, interpretation and smooth operation of the Agreement, in particular on the provisions on control, enforcement and inspection;(c) Ensure the necessary liaison concerning matters of common interest relating to fisheries;(d) Serve as a forum for the amicable resolution of disputes which might arise regarding the interpretation or application of this Agreement.5. The Committee shall meet, as agreed by the Parties, at least once a year, alternately in the territory of each Party with a view to recommending to the respective authorities for the relevant fisheries and stocks in the Baltic Sea measures as laid down in Article 5 of this Agreement. The Committee shall meet in extraordinary session at the request of either of the Parties.6. The Committee shall, where appropriate, establish additional bodies to fulfil its functions.7. The Committee shall adopt its own rules of procedure at the first meeting.Article 15Consultations between the PartiesThe Parties shall consult on questions relating to the implementation and proper functioning of this Agreement, or in the event of a dispute concerning the interpretation or application thereof.Article 16International cooperationThe Parties shall cooperate within the framework of relevant international organisations on management and conservation matters of mutual interest, which may be considered by such international organisations.Article 17Saving clause1. Nothing contained in this Agreement shall affect or prejudice in any manner the positions or the views of either Party with respect to their rights or obligations under international fisheries agreements and the positions or the views with respect to any question relating to the Law of the Sea.2. This Agreement is without prejudice to the delimitation of the Exclusive Economic Zones of the Parties.Article 18Entry into force1. This Agreement shall be applied provisionally from the date of signature and shall enter into force from the date of receiving the last written notification that all internal procedures required for its coming into force, have been fulfilled by the Parties.2. At the date of entry into force of the Agreement, insofar as the following agreements concern maritime fisheries in the Baltic Sea, the Agreement shall supersede the fisheries agreements concluded between the Government of the Republic of Latvia and the Government of the Russian Federation signed on 21 July 1992, between the Government of the Kingdom of Sweden and the Government of the Russian Federation signed on 11 December 1992, between the Government of the Republic of Finland and the Government of the Russian Federation signed on 11 March 1994, between the Government of the Republic of Estonia and the Government of the Russian Federation signed on 4 May 1994, between the Government of the Republic of Poland and the Government of the Russian Federation signed on 5 July 1995, and between the Government of the Republic of Lithuania and the Government of the Russian Federation signed on 29 June 1999.Article 19Duration of the AgreementThis Agreement shall remain in force for an initial period of six years after the date of its entry into force. In the event of the Agreement not being terminated by either Party through notice of termination given at least nine months before the expiry of that period, it shall remain in force for additional periods of three years duration thereafter, provided that notice of termination has not been given at least nine months before the expiry of any such period.Article 20LanguagesDone at Brussels, in duplicate, on the twenty-eighth day of April in the year 2009 in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Romanian, Slovakian, Slovenian, Spanish, Swedish and Russian languages, all texts being equally authentic. In case of dispute the English and Russian texts of this Agreement shall be determinative.За Европейската общностPor la Comunidad EuropeaZa Evropské společenstvíFor Det Europæiske FællesskabFür die Europäische GemeinschaftEuroopa Ühenduse nimelΓια την Ευρωπαϊκή ΚοινότηταFor the European CommunityPour la Communauté européennePer la Comunità europeaEiropas Kopienas vārdāEuropos bendrijos varduAz Európai Közösség részérőlGħall-Komunità EwropeaVoor de Europese GemeenschapW imieniu Wspólnoty EuropejskiejPela Comunidade EuropeiaPentru Comunitatea EuropeanăZa Európske spoločenstvoZa Evropsko skupnostEuroopan yhteisön puolestaPå Europeiska gemenskapens vägnarЗа Европейское сообшество+++++ TIFF ++++++++++ TIFF +++++За правителството на Руската федерацияPor el Gobierno de la Federación de RusiaZa vládu Ruské federacePå regeringen for Den Russiske Føderations vegneFür die Regierung der Russischen FöderationVenemaa Föderatsiooni valitsuse nimelΓια την Κυβέρνηση της Ρωσικής ΟμοσπονδίαςFor the Government of the Russian FederationPour le gouvernement de la Fédération de RussiePer il Governo della Federazione russaKrievijas Federācijas valdības vārdāRusijos Federacijos Vyriausybės varduAz Orosz Föderáció részérőlGħall-Gvern tal-Federazzjoni RussaVoor de regering van de Russische FederatieW imieniu rządu Federacji RosyjskiejPelo Governo da Federação da RússiaPentru Guvernul Federației RuseZa vládu Ruskej federácieZa Vlado Ruske federacijeVenäjän federaation hallituksen puolestaFör Ryska federationens regeringЗа Правителъство Российской Федерации+++++ TIFF +++++--------------------------------------------------

Summary: Agreement on fishing and marine conservation in the Baltic area Agreement on fishing and marine conservation in the Baltic area SUMMARY OF: Regulation (EC) No 439/2009 concluding the EU-Russia agreement on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea EU-Russia agreement on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea WHAT IS THE AIM OF THIS AGREEMENT AND THIS REGULATION? The agreement aims to ensure close cooperation between the EU and Russia based on fair and mutual benefit for the purpose of conservation, sustainable use and management of marine life that migrates between the exclusive fishing territories of the two parties (along with associated and dependant species) in the Baltic Sea. It replaces and builds upon the Gdansk convention. The regulation adopts the agreement on behalf of the European Community (now the EU). KEY POINTS Principles and procedures The agreement ensures cooperation between the two parties where fish migrate between their respective exclusive economic zones* established under the United Nations Convention on the Law of the Sea. It sets out the principles and procedures for that cooperation which include: joint management measures; licensing arrangements; compliance with conservation and management measures and other fisheries rules; cooperation on control and enforcement measures; inspections; the arrest and detention of vessels; scientific cooperation; and cooperation for the conservation of anadromous and catadromous species*. Joint Baltic Sea Fisheries Committee The agreement requires the parties to establish a joint committee to ensure that the objectives of the agreement are achieved. It considers all aspects of the scope and application of the agreement and provides recommendations to the parties. In particular, the committee: examines the development and dynamics of the fish stocks in the Baltic Sea and the fisheries making use of them; supervises the implementation, interpretation and smooth operation of the agreement, in particular the rules on control, enforcement and inspection; ensures cooperation on matters of common interest relating to fisheries; serves as a forum for the amicable resolution of any disputes regarding the interpretation or application of the agreement. FROM WHEN DOES THE REGULATION APPLY? The regulation and agreement have applied since 4 June 2009. BACKGROUND Political, cultural and economic relations between the EU and Russia are based on a Partnership and Cooperation Agreement. Further information: Fisheries (European Commission). KEY TERMS Exclusive economic zone: an area beyond and next to the territorial sea, for which the coastal country has special rights and jurisdiction. Anadromous and catadromous species: marine life that moves between fresh and salt water for breeding. MAIN DOCUMENTS Council Regulation (EC) No 439/2009 of 23 March 2009 concerning the conclusion of the Agreement between the European Community and the Government of the Russian Federation on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea (OJ L 129, 28.5.2009, p.1) Agreement between the European Community and the Government of the Russian Federation on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea (OJ L 129, 28.5.2009, pp. 2-7) RELATED DOCUMENTS Council Decision 2004/890/EC of 20 December 2004 on the withdrawal by the European Community from the Convention on Fishing and Conservation of the Living Resources in the Baltic Sea and Belts (OJ L 375, 23.12.2004, p. 27) Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, pp. 1-2) United Nations Convention on the Law of the Sea and of the agreement on the implementation of Part XI thereof — United Nations Convention on the Law of the Sea (OJ L 179, 23.6.1998, pp. 3-134) Agreement on partnership and cooperation establishing a partnership between the European Communities and their Member States, of one part, and the Russian Federation, of the other part — Protocol 1 on the establishment of a coal and steel contact group — Protocol 2 on mutual administrative assistance for the correct application of customs legislation — Final Act (OJ L 327, 28.11.1997, pp. 3-69) Convention on fishing and conservation of the living resources in the Baltic Sea and the Belts (OJ L 237, 26.8.1983, pp. 5-8) last update 08.01.2019


15.5.2009 EN Official Journal of the European Union L 120/5 DIRECTIVE 2009/33/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Having regard to the opinion of the Committee of the Regions (2), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1) Natural resources, the pursuit of prudent and rational utilisation of which Article 174(1) of the Treaty requires, include oil, which is the principal energy source in the European Union but is also a major source of pollutant emissions. (2) The Commission Communication of 15 May 2001 entitled ‘A Sustainable Europe for a Better World: A European Union Strategy for Sustainable Development’, presented to the Gothenburg European Council of 15 and 16 June 2001, identified greenhouse gas emissions and pollution caused by transport among the main obstacles to sustainable development. (3) Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (4) acknowledged the need for specific measures to enhance energy efficiency and energy saving and for the integration of climate change objectives into transport and energy policies as well as the need for specific measures in the transport sector to address energy use and greenhouse gas emissions. (4) The Commission Communication of 10 January 2007 entitled ‘An energy policy for Europe’ proposed a commitment on the part of the European Union to achieve at least a 20 % reduction of greenhouse gases by 2020 compared to 1990. In addition, binding targets for further improvement of energy efficiency by 20 %, a level of 20 % of renewable energy and a 10 % share of renewable energy in transport in the Community by 2020 have been proposed, inter alia, to improve security of energy supply by diversifying the fuel mix. (5) The Commission Communication of 19 October 2006 entitled ‘Action Plan for Energy Efficiency: Realising the Potential’ announced that the Commission will continue its efforts to develop markets for cleaner, smarter, safer and energy-efficient vehicles through public procurement and awareness-raising. (6) The mid-term review of the Commission’s 2001 Transport White Paper entitled ‘Keep Europe moving – Sustainable mobility for our continent’, of 22 June 2006, announced that the Union will stimulate environmentally-friendly innovation in particular by successive European emission standards (Euro Norms) and by the promotion of clean vehicles on the basis of public procurement. (7) In its Communication of 7 February 2007 entitled ‘Results of the review of the Community Strategy to reduce CO2 emissions from passenger cars and light-commercial vehicles’, the Commission presented a comprehensive new strategy to enable the Union to reach its 120 g/km objective for CO2 emissions from new passenger cars by 2012. A legislative framework was proposed to ensure vehicle technology improvements. Complementary measures should promote the procurement of fuel-efficient vehicles. (8) The Commission Green Paper on Urban Transport of 25 September 2007 entitled ‘Towards a new culture for urban mobility’ notes the support of stakeholders for promoting the market introduction of clean and energy-efficient vehicles through green public procurement. It proposes that a possible approach could be based on the internalisation of external costs by using lifetime costs for energy consumption, CO2 emissions, and pollutant emissions linked to the operation of the vehicles to be procured as award criteria, in addition to the vehicle price. In addition, public procurement could give preference to new Euro standards. The earlier use of cleaner vehicles could then improve air quality in urban areas. (9) The CARS 21 High Level Group report of 12 December 2005 supported the Commission’s initiative on the promotion of clean and energy-efficient vehicles, on condition that a technology-neutral and performance-based integrated approach involving vehicle manufacturers, oil or fuel suppliers, repairers, customers or drivers and public authorities is taken. (10) The High Level Group on competitiveness, energy and the environment, in its report of 27 February 2007, recommended that private and public procurement should take account of full lifetime costs with emphasis on energy efficiency. Member States and the Community should develop and publish public purchasing guidance on how to move beyond lowest price tendering to procurement of more sustainable intermediate goods in line with Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (5) and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (6). (11) This Directive aims to stimulate the market for clean and energy-efficient road transport vehicles, and especially – since this would have a substantial environmental impact – to influence the market for standardised vehicles produced in larger quantities such as passenger cars, buses, coaches and trucks, by ensuring a level of demand for clean and energy-efficient road transport vehicles which is sufficiently substantial to encourage manufacturers and the industry to invest in and further develop vehicles with low energy consumption, CO2 emissions, and pollutant emissions. (12) Member States should inform national, regional or local contracting authorities and contracting entities and operators which provide public passenger transport services of the provisions relating to the purchase of clean and energy-efficient road transport vehicles. (13) Clean and energy-efficient vehicles initially have a higher price than conventional ones. Creating sufficient demand for such vehicles could ensure that economies of scale lead to cost reductions. (14) This Directive addresses the need to provide support for Member States through facilitating and structuring the exchange of knowledge and best practices for promoting the purchase of clean and energy-efficient vehicles. (15) Procurement of vehicles for public transport services can make a significant impact on the market if harmonised criteria are applied at Community level. (16) The biggest impact on the market, together with the best cost/benefit result, is obtained through mandatory inclusion of lifetime costs for energy consumption, CO2 emissions, and pollutant emissions as award criteria in the procurement of vehicles for public transport services. (17) In line with the scope of Directive 2004/17/EC and Directive 2004/18/EC and whilst fully respecting the implementation in national law of those directives, this Directive should cover road transport vehicles purchased by contracting authorities and contracting entities, irrespective of whether such authorities and entities are public or private. Furthermore, this Directive should cover the purchase of road transport vehicles used for performing public passenger transport services under a public service contract, leaving to Member States the freedom to exclude minor purchases with a view to avoiding an unnecessary administrative burden. (18) In line with Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (7) and with a view to avoiding an undue administrative burden, Member States should be able to exempt authorities and operators from the requirements laid down in this Directive when purchasing vehicles designed and constructed for special use. (19) This Directive should provide for a set of options for taking into account energy and environmental impacts. This would enable authorities and operators that have already developed methods tailored to meeting local needs and conditions to continue applying these methods. (20) Including energy consumption, CO2 emissions, and pollutant emissions in the award criteria does not impose higher total costs but rather anticipates operational lifetime costs in the procurement decision. Complementary to the legislation on Euro Norms, which sets maximum emission limits, this approach monetises the actual pollutant emission and does not require any additional standard setting. (21) When fulfilling the requirement to take energy and environmental impacts into account by setting technical specifications, contracting authorities, contracting entities and operators are encouraged to set specifications of a higher level of energy and environmental performance than laid down in Community legislation, taking into account, for example, Euro Norms which are already adopted but have not yet become obligatory. (22) The ExternE Study (8), the Commission Clean Air for Europe (CAFE) (9) Programme and the HEATCO Study (10) have provided information on the costs of CO2, oxides of nitrogen (NOx), non-methane hydrocarbons (NMHC) and particulate matter emissions. Costs are taken at present value to keep the award procedure simple. (23) This Directive should define a range for the costs of CO2 and pollutant emissions which, on the one hand, enables flexibility for contracting authorities, contracting entities and operators to take account of their local situation, and, on the other hand, ensures an appropriate degree of harmonisation. (24) Mandatory application of criteria for the procurement of clean and energy-efficient vehicles does not preclude the inclusion of other relevant award criteria. It also does not prevent the choice of retro-fitted vehicles upgraded for higher environmental performance. Such other relevant award criteria may also be included in procurements subject to Directives 2004/17/EC or 2004/18/EC, provided they are linked to the subject-matter of the contract, do not confer an unrestricted freedom of choice on the contracting authority or contracting entity, are expressly mentioned and comply with the fundamental principles of the Treaty. (25) The method of calculating operational lifetime costs for pollutant emissions for the purpose of vehicle procurement decisions, including the numerical values defined in this Directive, does not prejudge other Community legislation addressing external costs. (26) Reviews and revisions of the calculation method defined in this Directive should consider relevant related Community legislative measures and should aim for consistency with them. (27) The energy and environmental award criteria should be among the various award criteria taken into consideration by contracting authorities or contracting entities when they are called upon to take a decision on the procurement of clean and energy-efficient road transport vehicles. (28) This Directive should not prevent contracting authorities and contracting entities from giving preference to the latest Euro Norms in the purchase of vehicles for public transport services before those standards become obligatory. It should also not prevent contracting authorities and contracting entities from giving preference to alternative fuels, for example hydrogen, Liquefied Petroleum Gas (LPG), Compressed Natural Gas (CNG) and biofuels, provided the lifetime energy and environmental impacts are taken into account. (29) Standardised Community test procedures should be developed for additional vehicle categories in order to improve comparability and transparency of manufacturer data. Manufacturers should be encouraged to provide data for total lifetime energy consumption, CO2 emissions and pollutant emissions. (30) The possibility of public support for the purchase of clean and energy-efficient road transport vehicles, including the retrofitting of vehicles with engines and replacement parts, which go beyond the mandatory environmental requirements, is recognised in the Community guidelines for State aid for environmental protection (11) and Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation) (12). In this context, the guidelines included in the Commission Communication entitled ‘Community guidelines on State aid for railway undertakings’ (13), in particular footnote 1 to point 34 and footnote 3 to point 36, are also relevant. However, the rules of the Treaty, and in particular Articles 87 and 88 thereof, will continue to apply to such public support. (31) The possibility of public support in favour of the promotion of development of infrastructures necessary for the distribution of alternative fuels is recognised in the Community guidelines for State aid for environmental protection. However, the rules of the Treaty, and in particular Articles 87 and 88 thereof, will continue to apply to such public support. (32) The purchase of clean and energy-efficient road transport vehicles offers an opportunity to cities wishing to brand themselves as environmentally conscious. In this context, disclosure on the Internet of information on public procurement pursuant to this Directive is important. (33) The publication on the Internet of relevant information related to the financial instruments available in the Member States for urban mobility and for the promotion of clean and energy-efficient road transport vehicles should be encouraged. (34) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (14). (35) In particular the Commission should be empowered to adapt to inflation and to technical progress the data for the calculation of the operational lifetime costs of road transport vehicles. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. (36) Since the objectives of this Directive, namely to promote and stimulate the market for clean and energy-efficient vehicles and to improve the contribution of the transport sector to the environment, climate and energy policies of the Community, cannot be sufficiently achieved by the Member States and can therefore, in order to provide a critical mass of vehicles for cost-efficient developments by European industry, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. (37) The Member States and the Commission should continue to promote clean and energy-efficient road transport vehicles. In this context, national and regional operational programmes, as defined by Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (15) could play an important role. Furthermore, Community programmes such as Civitas and Intelligent Energy Europe could contribute to improving urban mobility while reducing its adverse effects. (38) In accordance with point 34 of the Interinstitutional Agreement on better law-making (16), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public, HAVE ADOPTED THIS DIRECTIVE: Article 1 Subject matter and objectives This Directive requires contracting authorities, contracting entities as well as certain operators to take into account lifetime energy and environmental impacts, including energy consumption and emissions of CO2 and of certain pollutants, when purchasing road transport vehicles with the objectives of promoting and stimulating the market for clean and energy-efficient vehicles and improving the contribution of the transport sector to the environment, climate and energy policies of the Community. Article 2 Exemptions Member States may exempt from the requirements laid down in this Directive contracts for the purchase of vehicles referred to in Article 2(3) of Directive 2007/46/EC, which are not subject to type approval or individual approval on their territory. Article 3 Scope This Directive shall apply to contracts for the purchase of road transport vehicles by: (a) contracting authorities or contracting entities in so far as they are under an obligation to apply the procurement procedures set out in Directives 2004/17/EC and 2004/18/EC; (b) operators for the discharge of public service obligations under a public service contract within the meaning of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road (17) in excess of a threshold which shall be defined by Member States not exceeding the threshold values as set out in Directives 2004/17/EC and 2004/18/EC. Article 4 Definitions For the purpose of this Directive: 1. ‘contracting authorities’ means contracting authorities as defined in Article 2(1)(a) of Directive 2004/17/EC and in Article 1(9) of Directive 2004/18/EC; 2. ‘contracting entities’ means contracting entities as referred to in Article 2(2) of Directive 2004/17/EC; 3. ‘road transport vehicle’ means a vehicle covered by the vehicle categories listed in Table 3 of the Annex. Article 5 Purchase of clean and energy-efficient road transport vehicles 1. Member States shall ensure that, from 4 December 2010, all contracting authorities, contracting entities and operators referred to in Article 3, when purchasing road transport vehicles, take into account the operational lifetime energy and environmental impacts as set out in paragraph 2 and apply at least one of the options set out in paragraph 3. 2. The operational energy and environmental impacts to be taken into account shall include at least the following: (a) energy consumption; (b) emissions of CO2; and (c) emissions of NOx, NMHC and particulate matter. In addition to the operational energy and environmental impacts mentioned in the first subparagraph, contracting authorities, contracting entities and operators may also consider other environmental impacts. 3. The requirements of paragraphs 1 and 2 shall be fulfilled in accordance with the following options: (a) by setting technical specifications for energy and environmental performance in the documentation for the purchase of road transport vehicles on each of the impacts considered, as well as any additional environmental impacts; or (b) by including energy and environmental impacts in the purchasing decision, whereby: — in cases where a procurement procedure is applied, this shall be done by using these impacts as award criteria, and — in cases where these impacts are monetised for inclusion in the purchasing decision, the methodology set out in Article 6 shall be used. Article 6 Methodology for the calculation of operational lifetime costs 1. For the purposes of Article 5(3)(b), second indent, operational lifetime costs for energy consumption, as well as for CO2 emissions and pollutant emissions as set out in Table 2 of the Annex, which are linked to the operation of the vehicles under purchase, shall be monetised and calculated using the methodology set out in the following points: (a) The operational lifetime cost of the energy consumption of a vehicle shall be calculated using the following methodology: — the fuel consumption per kilometre of a vehicle according to paragraph 2 shall be counted in units of energy consumption per kilometre whether this is given directly, which is the case for instance for electrical cars, or not. Where the fuel consumption is given in different units, it shall be converted into energy consumption per kilometre, using the conversion factors as set out in Table 1 of the Annex for the energy content of the different fuels, — a single monetary value per unit of energy shall be used. This single value shall be the lower of the cost per unit of energy of petrol or diesel before tax when used as a transport fuel, — operational lifetime cost of the energy consumption of a vehicle shall be calculated by multiplying the lifetime mileage, where needed, taking into account the mileage already performed, according to paragraph 3, by the energy consumption per kilometre according to the first indent of this point, and by the cost per unit of energy according to the second indent of this point. (b) The operational lifetime cost for the CO2 emissions of a vehicle shall be calculated by multiplying the lifetime mileage, where needed, taking into account the mileage already performed, according to paragraph 3, by the CO2 emissions in kilograms per kilometre according to paragraph 2, and by the cost per kilogram taken from the range as set out in Table 2 of the Annex. (c) The operational lifetime cost for the pollutant emissions, as listed in Table 2 of the Annex, of a vehicle shall be calculated by adding up the operational lifetime costs for emissions of NOx, NMHC and particulate matter. The operational lifetime cost for each pollutant shall be calculated by multiplying the lifetime mileage, where needed, taking into account the mileage already performed, according to paragraph 3, by the emissions in grams per kilometre according to paragraph 2, and by the respective cost per gram. The cost shall be taken from the Community-averaged values set out in Table 2 of the Annex. Contracting authorities, contracting entities and operators referred to in Article 3 may apply higher costs provided these costs do not exceed the relevant values set out in Table 2 of the Annex multiplied by a factor of 2. 2. Fuel consumption, as well as CO2 emissions and pollutant emissions as set out in Table 2 of the Annex per kilometre for vehicle operation, shall be based on standardised Community test procedures for the vehicles for which such test procedures are defined in Community type approval legislation. For vehicles not covered by standardised Community test procedures, comparability between different offers shall be ensured by using widely recognised test procedures, or the results of tests for the authority, or information supplied by the manufacturer. 3. Lifetime mileage of a vehicle, if not otherwise specified, shall be taken from Table 3 of the Annex. Article 7 Adaptations to technical progress The Commission shall adapt to inflation and to technical progress the data for the calculation of the operational lifetime costs of road transport vehicles as set out in the Annex. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2). Article 8 Best practice exchange The Commission shall facilitate and structure the exchange of knowledge and best practices between Member States on practices for promoting the purchase of clean and energy-efficient road transport vehicles by contracting authorities, contracting entities and operators referred to in Article 3. Article 9 Committee procedure 1. The Commission shall be assisted by a Committee. 2. Where reference is made to this paragraph, Articles 5a(1) to (4) and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. Article 10 Reporting and review 1. Every two years, with effect from 4 December 2010, the Commission shall prepare a report on the application of this Directive and on the actions taken by individual Member States to promote the purchase of clean and energy-efficient road transport vehicles. 2. Those reports shall assess the effects of this Directive, especially of the options referred to in Article 5(3), and the need for further action, and include proposals, as appropriate. In those reports, the Commission shall compare the nominal and relative numbers of vehicles purchased corresponding to the best market alternative in terms of lifetime energy and environmental impacts, within each of the categories of vehicles listed in Table 3 of the Annex, to the overall market for these vehicles and estimate how the options referred to in Article 5(3) have affected the market. The Commission shall assess the need for further action and include proposals, as appropriate. 3. No later than the date of the first report, the Commission shall examine the options referred to in Article 5(3), present an evaluation of the methodology set out in Article 6 and propose appropriate adjustments, if necessary. Article 11 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 4 December 2010. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive, or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 12 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 13 Addressees This Directive is addressed to the Member States. Done at Strasbourg, 23 April 2009. For the European Parliament The President H.-G. PÖTTERING For the Council The President P. NEČAS (1) OJ C 195, 18.8.2006, p. 26. (2) OJ C 229, 22.9.2006, p. 18. (3) Opinion of the European Parliament of 22 October 2008 (not yet published in the Official Journal) and Council Decision of 30 March 2009. (4) OJ L 242, 10.9.2002, p. 1. (5) OJ L 134, 30.4.2004, p. 1. (6) OJ L 134, 30.4.2004, p. 114. (7) OJ L 263, 9.10.2007, p. 1. (8) Bickel, P., Friedrich, R., ExternE. Externalities of Energy. Methodology 2005, update, European Commission, Publications Office, Luxembourg, 2005. (9) Holland, M., et al., (2005a). Methodology for the Cost-Benefit Analysis for CAFE: Volume 1: Overview of Methodology. AEA Technology Environment, Didcot, 2005. (10) Bickel, P., et al., HEATCO Deliverable 5. Proposal for Harmonised Guidelines, Stuttgart, 2006. (11) OJ C 82, 1.4.2008, p. 1. (12) OJ L 214, 9.8.2008, p. 3. (13) OJ C 184, 22.7.2008, p. 13. (14) OJ L 184, 17.7.1999, p. 23. (15) OJ L 210, 31.7.2006, p. 25. (16) OJ C 321, 31.12.2003, p. 1. (17) OJ L 315, 3.12.2007, p. 1. ANNEX Data for the calculation of operational lifetime costs of road transport vehicles Table 1: Energy content of motor fuels Fuel Energy content Diesel 36 MJ/litre Petrol 32 MJ/litre Natural Gas/Biogas 33-38 MJ/Nm3 Liquefied Petroleum Gas (LPG) 24 MJ/litre Ethanol 21 MJ/litre Biodiesel 33 MJ/litre Emulsion fuel 32 MJ/litre Hydrogen 11 MJ/Nm3 Table 2: Cost for emissions in road transport (in 2007 prices) CO2 NOx NMHC Particulate matter 0,03-0,04 EUR/kg 0,0044 EUR/g 0,001 EUR/g 0,087 EUR/g Table 3: Lifetime mileage of road transport vehicles Vehicle category (M and N categories as defined in Directive 2007/46/EC) Lifetime mileage Passenger cars (M1) 200 000 km Light commercial vehicles (N1) 250 000 km Heavy goods vehicles (N2, N3) 1 000 000 km Buses (M2, M3) 800 000 km

Summary: Clean and energy-efficient road transport vehicles Clean and energy-efficient road transport vehicles SUMMARY OF: Directive 2009/33/EC on promoting clean and energy-efficient road transport vehicles WHAT IS THE AIM OF THE DIRECTIVE? It aims at promoting and stimulating the development of a market for clean and energy-efficient vehicles in the European Union (EU). As amended by Directive (EU) 2019/1161, it sets minimum national targets for the procurement of clean vehicles. The targets are defined as a minimum share of clean vehicles in the aggregate public authorities and certain public transport operators across a Member State. KEY POINTS Scope As amended by Directive (EU) 2019/1161, the directive applies to contracts for the procurement of certain road transport vehicles (cars, vans, trucks and buses) and services, by contracting authorities, contracting entities and operators of public service obligations under a public service contract. The amending directive extended the application of the directive so that it now covers procurement through: contracts for the purchase, lease, rent and hire-purchase of vehicles; service contracts for public road passenger transport; service contracts for public road transport services, special-purpose road passenger-transport services, non-scheduled passenger transport, refuse collection services, and mail and parcel transport and delivery. Amending Directive (EU) 2019/1161 also introduced a new definition of a ‘clean vehicle’*. Minimum procurement targets Directive 2009/33/EC, as amended by Directive (EU) 2019/1161, sets minimum public procurement targets for light-duty vehicles (cars and vans), trucks and buses for 2025 and 2030. In the case of buses, half of the targets have to be met with zero-emission vehicles (battery electric or hydrogen buses). These targets are set out in the directive’s annex. For each Member State, a different target is set for light-duty vehicles, trucks and buses. These targets are calculated as a minimum percentage of clean vehicles in the total number of vehicles procured through public procurement in each Member State, over two 5-year periods: 2021–2025 and 2026–2030. Member States have to ensure that the targets are met, but they have full flexibility in how they distribute the effort across different contracting authorities and contracting entities. Sharing best practice The European Commission encourages the sharing of knowledge and best practice between Member States with a view to promoting the purchase of clean and energy-efficient road transport vehicles. Several initiatives are under way that ensure the directive is implemented. These include: guidelines on green public procurement and a technical background report; the European green vehicle initiative, which seeks to support the development of green vehicles and sustainable mobility solutions; the European clean bus deployment initiative; and various studies. Committee procedure The Commission has the power to adopt implementing acts and is assisted in this by a committee governed by the EU’s comitology rules. FROM WHEN DOES THE DIRECTIVE APPLY? The directive has applied since 4 June 2009 and had to become law in the Member States by 4 December 2010. The changes introduced by amending Directive (EU) 2019/1161, including the introduction of a ‘clean vehicle’ definition and the setting of minimum national targets for their procurement, have applied since 2 August 2019, and had to become law in the Member States by 2 August 2021. BACKGROUND For further information, see: Clean vehicles directive (European Commission). KEY TERMS Clean vehicle.A clean light-duty vehicle (e.g. car, van) is defined on the basis of its CO2 emissions (the applicable emission limits are laid down in Table 2 of the directive’s annex).A clean heavy-duty vehicle (e.g. bus, truck) is defined on the basis of the use of alternative fuels, as defined in Directive 2014/94/EU (see summary). A separate definition is provided for zero-emission heavy-duty vehicles. MAIN DOCUMENT Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles (OJ L 120, 15.5.2009, pp. 5–12). Successive amendments to Directive 2009/33/EC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, pp. 1–20). See consolidated version. Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of Directive 2009/33/EC on the promotion of clean and energy efficient road transport vehicles (COM (2013) 214 final, 18.4.2013). Commission Notice on the application of Articles 2, 3, 4 and 5 of Directive 2009/33/EC of the European Parliament and of the Council on the promotion of clean road transport vehicles in support of low-emission mobility 2020/C 352/01 (OJ C 352, 22.10.2020, pp. 1–12). last update 10.02.2022