COMMISSION DECISION
of 30 June 2008
on the Ecodesign Consultation Forum
(Text with EEA relevance)
(2008/591/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005, establishing a framework for the setting of eco-design requirements for energy-using products (EuP) and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council (1), and in particular Article 18 thereof,
Whereas:
(1)
In accordance with Article 18 of Directive 2005/32/EC, the Commission should ensure that in the conduct of its activities it observes, in respect of each implementing measure, a balanced participation of Member States and interested parties.
(2)
Directive 2005/32/EC provides that those parties should meet in a Consultation Forum. It is therefore necessary to define the tasks and the structure of that Consultation Forum.
(3)
The Consultation Forum should assist the Commission to establish a working plan, and contribute to defining and reviewing implementing measures, to examining the effectiveness of the established market surveillance mechanisms, and to assessing voluntary agreements and other self-regulation measures.
(4)
The Consultation Forum should be composed of Member States' representatives and the interested parties concerned with the product or product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations.
(5)
Rules on disclosure of information by members of the Consultation Forum should be provided for, without prejudice to the rules on security annexed to the Commission's Rules of Procedure by Decision 2001/844/EC, ECSC, Euratom (2).
(6)
Personal data relating to members of the Consultation Forum should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3),
HAS DECIDED AS FOLLOWS:
Article 1
Tasks
The tasks of the members of the Ecodesign Consultation Forum, hereinafter referred to as ‘the Forum’, shall be to give opinions in relation to the elaboration and the amendment of the working plan referred to in Article 16(1) of Directive 2005/32/EC and to advise the Commission on questions related to the implementation of Directive 2005/32/EC as provided for in Articles 16(2), 18 and 23 thereof.
Article 2
Consultation
The Commission may consult the Forum on any matter relating to the implementation of Directive 2005/32/EC.
Article 3
Membership
1. The members of the Forum shall be appointed by the Commission from interested parties concerned with the product or product group in question and who have responded to the call for applications.
2. The Forum shall comprise up to 60 members composed as follows:
(a)
one representative from each Member State;
(b)
one representative from each European Economic Area Member State;
(c)
up to 30 representatives of interested parties as referred to in Article 18 of Directive 2005/32/EC.
3. Each member shall designate the person representing it at the Forum meetings on the basis of his or her competence and experience in the area dealt with.
4. Members of the Forum are appointed for a three-year renewable term of office and shall remain in office until they are replaced in accordance with paragraph 3 or their term of office ends.
5. Members may be replaced for the remainder of their term of office in any of the following cases:
(a)
where the member resigns;
(b)
where the member is no longer capable of contributing effectively to the Forum's deliberations;
(c)
where the member does not comply with Article 287 of the Treaty.
6. The list of members and any subsequent amendments to that list shall be published on the Internet sites of the Enterprise and Industry Directorate General and the Transport and Energy Directorate General and in the Commission's Register of Expert Groups.
Article 4
Operation
1. The Forum shall be chaired by a representative of the Commission.
2. In agreement with the Chair, sub-groups may be set up to examine specific questions under terms of reference established by the Forum. Such sub-groups shall be dissolved as soon as their mandates are fulfilled.
3. The Chair may invite experts or observers with specific competence on a subject on the agenda to participate in the Forum's or sub-group's deliberations if this is necessary or useful.
4. Information obtained by participating in the deliberations of the Forum or of a sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.
5. The Forum and its sub-groups shall normally meet on the Commission's premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend the meetings of the Forum and its sub-groups.
6. The rules of procedure for the Forum are set out in the Annex.
7. The Commission may publish, or place on the Internet, in the original language of the document concerned, any summary, conclusion, or partial conclusion or working document of the Forum.
Article 5
Reimbursement of expenses
The Commission shall reimburse travel and, where appropriate, subsistence expenses for one representative per Member State and technical experts invited according to Article 4(3) in connection with the Forum's activities in accordance with the Commission's rules on the compensation of external experts.
The members of the Forum, experts and observers shall not be remunerated for the services they render.
Meeting expenses shall be reimbursed within the limits of the annual budget allocated to the Forum by the competent Commission department.
Done at Brussels, 30 June 2008.