ddrg/super_eurlex huggingface dataset:
3.

For the purposes of this Recommendation: (a) ‘collective redress’ means: (i) a legal mechanism that ensures a possibility to claim cessation of illegal behaviour collectively by two or more natural or legal persons or by an entity entitled to bring a representative action (injunctive collective redress); (ii) a legal mechanism that ensures a possibility to claim compensation collectively by two or more natural or legal persons claiming to have been harmed in a mass harm situation or by an entity entitled to bring a representative action (compensatory collective redress); (b) ‘mass harm situation’ means a situation where two or more natural or legal persons claim to have suffered harm causing damage resulting from the same illegal activity of one or more natural or legal persons; (c) ‘action for damages’ means an action by which a claim for damages is brought before a national court; (d) ‘representative action’ means an action which is brought by a representative entity, an ad hoc certified entity or a public authority on behalf and in the name of two or more natural or legal persons who claim to be exposed to the risk of suffering harm or to have been harmed in a mass harm situation whereas those persons are not parties to the proceedings; (e) ‘collective follow-on action’ means a collective redress action that is brought after a public authority has adopted a final decision finding that there has been a violation of Union law. This Recommendation identifies common principles which should apply in all instances of collective redress, and also those specific either to injunctive or to compensatory collective redress.
(7)

The Commission considers that an immediate reduction of the maximum levels would be difficult to achieve. Cadmium presence in foodstuffs is not uniform, but highly variable depending for instance on the geographical location of the growing area (different levels of natural cadmium presence in soil due to different distribution in the earth crust), on the availability of cadmium from soil (different extent of transfer from the soil to the plants depending on the pH of the soil and other soil components), different plant varieties with different patterns of cadmium accumulation, but also of anthropogenic factors such as agricultural use of sewage sludge, manure or phosphate fertilisers and other factors. Concerning the presence of cadmium in phosphate fertilisers, on which work is ongoing, the Commission is aware of the need to take action in accordance with its risk reduction strategy for cadmium and cadmium oxide adopted in 2008 (5).
EN Official Journal of the European Union L 39/60

COUNCIL RECOMMENDATION (EU) 2016/211

of 12 February 2016

concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (ninth EDF) for the financial year 2014

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) and amended by the Agreement signed in Luxembourg on 25 June 2005 (2),

Having regard to the Internal Agreement between Representatives of the Governments of the Member States, meeting within the Council, on the Financing and Administration of Community Aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (3) (the ‘Internal Agreement’) setting up, amongst others, the ninth European Development Fund (ninth EDF), and in particular Article 32(3) thereof,

Having regard to the Financial Regulation of 27 March 2003 applicable to the ninth European Development Fund (4), and in particular Articles 96 to 103 thereof,

Having examined the revenue and expenditure account and the balance sheet relating to the operations of the ninth EDF as at 31 December 2014 and the Annual Report of the Court of Auditors on the activities funded by the eighth, ninth, 10th and 11th European Development Funds (EDFs) concerning the financial year 2014, together with the Commission's replies contained in that Annual Report (5),

Whereas:

(1) Pursuant to Article 32(3) of the Internal Agreement, the discharge for the financial management of the ninth EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.

(2) The overall implementation by the Commission of the operations of the ninth EDF during the financial year 2014 has been satisfactory,

HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the ninth EDF for the financial year 2014.

Done at Brussels, 12 February 2016. For the Council The President J.R.V.A. DIJSSELBLOEM

(1) OJ L 317, 15.12.2000, p. 3.

(2) OJ L 209, 11.8.2005, p. 27.

(3) OJ L 317, 15.12.2000, p. 355.

(4) OJ L 83, 1.4.2003, p. 1.

(5) OJ C 373, 10.11.2015, p. 289.
6.

That the applicant submit at the earliest stage possible, via the one-stop shop, the following application file necessary for the approval, including the description of the technical envisaged solution and the documentary evidence of the compliance of the technical envisaged solution with the relevant control-command and signalling TSI, as listed in Article 19 of Directive (EU) 2016/797: (a) The draft tender specifications or the description of the envisaged technical solution — Project description, including the details of the line, group of lines, or network that are covered by the project or combination of projects: geographical location, number of kilometres in single and double track, ERTMS level, baseline and version, interoperability constituents and stations; — Evidence that the tender or contract or both include the relevant control-command and signalling TSI, the baseline and the version; — Project plan indicating deliverables, milestones and deadlines; — List of ERTMS functions to implement; — Engineering rules and operational tests scenarios, as referred to in Article 5 of Regulation (EU) 2016/919 and point 6.1.2.3 of the Annex to that Regulation; — Test strategy and test plans; (b) Documentary evidence of the conditions necessary for technical and operational compatibility of the subsystem with the vehicles intended to operate on the relevant network (c) Documentary evidence of the compliance of the envisaged technical solution with the relevant control-command and signalling TSI, and any other relevant documents, such as national safety authority opinions, declarations of verification or conformity certificates — If available, a previous ERTMS trackside authorisation by an NSA relevant for the envisaged technical solutions submitted by the applicant; — If available, EC Certificates of conformity of the interoperability constituents and EC declaration of conformity of the interoperability constituents, including the Agency template for certification and deviations defined in the Agency guideline; — If available, Certificates of verification of the subsystem and, if applicable, intermediate statements of verification of design and EC declaration of verification of the subsystem, including the template for certification and deviations defined in the relevant Agency guideline; — Demonstration of how the risks impacting interoperability of each issue of the issue log have been addressed; — National rules related to ERTMS that are applicable to the project; — In case the applicant has an exemption from the application of one or more TSIs or parts of them, a document provided by the Member State granting the derogation, according to Article 7 of Directive (EU) 2016/797;
Official Journal of the European Union

COUNCIL RECOMMENDATION

of 9 July 2019

on the appointment of the President of the European Central Bank

(2019/C 235/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 283(2) and 139(2) thereof,

Having regard to Protocol No 4 on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,

HEREBY RECOMMENDS TO THE EUROPEAN COUNCIL THAT:

Ms Christine LAGARDE be appointed as President of the European Central Bank for a term of office of eight years with effect from 1 November 2019.
(7)

With regard to energy efficiency, the Commission's recommendations are based on the assessment of the national level of ambition put forward in the draft integrated national energy and climate plan, compared to the collective level of efforts needed to reach the Union's targets, taking into account the information provided on specific national circumstances, where relevant. The final national contributions in the area of energy efficiency should reflect the cost-effective potential for energy savings and be supported with a robust long-term building renovation strategy and measures to implement the energy savings obligation stemming from Article 7 Directive 2012/27/EU of the European Parliament and of the Council (3). Member States should also demonstrate that they have properly taken into account the energy efficiency first principle, by explaining notably how energy efficiency contributes to the cost-effective delivery of the national goals of a competitive low-carbon economy, security of energy supply and to address energy poverty.
Official Journal of the European Union

COUNCIL RECOMMENDATION

of 10 October 2019

on the appointment of a member of the Executive Board of the European Central Bank

(2019/C 351/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 283(2) and 139(2) thereof,

Having regard to Protocol No 4 on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,

HEREBY RECOMMENDS TO THE EUROPEAN COUNCIL THAT:

Mr Fabio PANETTA be appointed as a member of the Executive Board of the European Central Bank for a term of office of eight years with effect from 1 January 2020.
(8)

Food of animal origin is an important contributor to the human exposure to PFASs. The Authority concluded that PFASs transfer from feed to animal derived food, with clear differences between species and the type of PFASs. Such PFASs transfer may also occur from soil ingested by foraging farm animals and from drinking water for animals. Therefore, for the follow-up investigations aiming at determining the causes of contamination, where the maximum levels of PFASs in food of animal origin set out in Commission Regulation (EC) No 1881/2006 (4) are exceeded, it is important that laboratories are able to also control feed, animal drinking water and the soil on which animals live. However, only few data are currently available concerning the occurrence of PFASs in Union feed and allowing to study feed as a source of PFASs in food of animal origin. As only a limited number of laboratories is able to analyse PFASs in feed, further work is being undertaken by the European Reference Laboratory for halogenated persistent organic pollutants in feed and food, to help the laboratories to develop such capability. While that work should allow for the adoption in the future of further recommendations concerning PFASs in feed, once there is a sufficient analytical capability among the laboratories, in the meanwhile, those Member States, whose laboratories are already able to analyse PFASs in feed, should be recommended to already do so and, in those Member States which do not have the required analytical capability yet, the laboratories should already validate analytical methods for PFASs in feed.
COMMISSION OPINION of 11 May 1976 to be sent to the Government of the United Kingdom concerning draft regulations relating to the application of Council Regulation (EEC) No 543/69 of 25 March 1969 relating to the harmonization of certain social provisions in the field of road transport (76/490/EEC)

In conformity with Article 18 (1) of Regulation (EEC) No 543/69 of 25 March 1969, the Government of the United Kingdom has communicated to the Commission by letter dated 18 September 1975 draft Orders entitled:

"The Heavy Goods Vehicles (Drivers' licences) (Amendment) Regulations 1975"

and

"The Motor Vehicles (Minimum age for driving) (Amendment) Regulations 1975".

1. The Orders in question are for the purpose of enabling the United Kingdom Government to lay down national regulations for bringing 18 to 21-year-olds within the vocational licensing scheme for drivers of heavy goods vehicles.

2. The Commission is of the opinion that the draft Orders and the proposed regulations are designed to achieve objects the same as those to which it has addressed itself in proposals placed before the Council in accordance with Article 5 of Regulation (EEC) No 543/69.

3. The Commission therefore pronounces in favour of the abovementioned orders.

Done at Brussels, 11 May 1976.

For the Commission

Carlo SCARASCIA MUGNOZZA

Vice-President
COMMISSION OPINION of 14 December 1977 addressed to the Government of the Kingdom of Denmark on its communication relating to the provisions made for the implementation of Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels (78/63/EEC)

1. In a letter of 29 June 1977 from the Office of its Permanent Representation, the Government of the Kingdom of Denmark, in accordance with Article 6 of Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels (1), informed the Commission that there was no need in Denmark to amend legislation or adopt regulations or administrative measures other than those provided for under point 86 "Navigability licences for vessels or navigation on the Community's inland waterways" of the "Skibstilsynets Meddelelser" No 314 of 28 December 1976 indicating that a licence may be requested from the State navigation inspection directorate. The power to issue licences of this type is set out in the Danish law on the inspection of navigation.

2. The Commission notes: - that the communication from the Danish Government refers to Council Directive 76/135/EEC of 20 January 1976 and mentions certain of its provisions, in particular, as regards the scope and the issue of the navigability licences;

- that it designates the approved licensing body.

3. However, the Commission must draw the Danish Government's attention to the fact that the draft order does not provide for the recognition of navigability licences issued by another Member State as stipulated in Article 3 (1) of the Directive.

The Commission accordingly requests the Danish Government to supplement the Danish regulation No 314 on this point.

Done at Brussels, 14 December 1977.

For the Commission

Richard BURKE

Member of the Commission

(1) OJ No L 21, 29.1.1976, p. 10.
****

( 1 ) OJ NO L 308 , 19 . 11 . 1974 , P . 23 .

COMMISSION OPINION

OF 29 NOVEMBER 1979

ADDRESSED TO THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG ON THE SUBJECT OF A DRAFT REGULATION EXEMPTING NATURAL OR LEGAL PERSONS ENGAGED IN THE TRANSPORT OF SCHOOL-CHILDREN FROM CERTAIN CONDITIONS IN RESPECT OF ACCESS TO THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR

( 79/1055/EEC )

IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1 ( 3 ) OF COUNCIL DIRECTIVE 74/562/EEC OF 12 NOVEMBER 1974 ON ADMISSION TO THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR IN NATIONAL AND INTERNATIONAL TRANSPORT OPERATIONS ( 1 ), THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG , IN A LETTER DATED 24 JULY 1979 , SENT THE COMMISSION A DRAFT GRAND DUCAL REGULATION EXEMPTING NATURAL OR LEGAL PERSONS ENGAGED IN THE SUBSIDIARY ACTIVITY OF TRANSPORTING SCHOOL-CHILDREN FROM THE REQUIREMENTS AS TO FINANCIAL STANDING AND PROFESSIONAL COMPETENCE .

THE DRAFT GRAND DUCAL REGULATION REGARDS THE TRANSPORT ACTIVITY AS SUBSIDIARY WHERE THE PERSON CONCERNED IS A MEMBER IN HIS OWN RIGHT OF A SOCIAL SECURITY SCHEME IN RESPECT OF AN ACTIVITY OTHER THAN THAT OF TRANSPORT OPERATOR OR WHERE THE ANNUAL TURNOVER FROM THE TRANSPORT ACTIVITY DOES NOT EXCEED LFRS 100 000 ( COST OF LIVING BASE INDEX À 100 ).

THE COMMISSION WOULD EMPHASIZE THAT THE PROVISIONS OF THE DIRECTIVE PROVIDE THE POSSIBILITY OF EXEMPTING FROM THE CONDITIONS OF ACCESS TO THE PROFESSION PERSONS ' HAVING A MAIN OCCUPATION OTHER THAN THAT OF ROAD PASSENGER TRANSPORT OPERATOR , IN SO FAR AS THEIR TRANSPORT OPERATIONS HAVE ONLY A MINOR IMPACT ON THE TRANSPORT MARKET ' .

THE COMMISSION CONSIDERS THAT THE REQUIREMENT , PROVIDED FOR BY THE DRAFT GRAND DUCAL REGULATION , ONLY THAT THE PERSON CONCERNED BE A MEMBER OF A SOCIAL SECURITY SCHEME FOR AN ACTIVITY OTHER THAN THAT OF TRANSPORT OPERATOR , MIGHT NOT ENSURE THAT THE TRANSPORT ACTIVITY IS NOT THE PRINCIPAL ACTIVITY , AND PARTICULARLY THAT THIS ACTIVITY HAS A MINIMAL EFFECT ON THE TRANSPORT MARKET .

THE COMMISSION IS OF THE OPINION THAT , IN ORDER TO BE CLEAR , THE DRAFT GRAND DUCAL REGULATION BE AMENDED IN THIS RESPECT SO THAT THE TWO CRITERIA LAID DOWN IN ORDER TO DEFINE WHAT IS MEANT BY ' SUBSIDIARY ACTIVITY ' , I.E . MEMBERSHIP OF A SOCIAL SECURITY SCHEME FOR ANOTHER ACTIVITY AND THE LIMIT ON THE TURNOVER OF THE TRANSPORT ACTIVITY , EXIST SIDE BY SIDE AND NOT AS ALTERNATIVE CRITERIA .

DONE AT BRUSSELS , 29 NOVEMBER 1979 .

FOR THE COMMISSION

RICHARD BURKE

MEMBER OF THE COMMISSION
COMMISSION OPINION of 24 September 1980 addressed to the Italian Government concerning the implementation of Council Directive 79/115/EEC of 21 December 1978 on piloting of vessels by deep-sea pilots in the North Sea and English Channel (80/946/EEC)

1. On 8 May 1980, pursuant to Article 2 of Directive 79/115/EEC, the Permanent Representation of Italy to the European Communities forwarded to the Commission a memorandum from the Ministry for Merchant Shipping requesting the National Shipping Federation and the National Shipowners Federation to encourage vessels flying the Italian flag seeking pilotage to avail themselves, in the North Sea and the English Channel, only of the services of adequately qualified deep-sea pilots in possession of either a certificate issued by the competent authority of a Member State on the North Sea or English Channel as laid down in Article 1 (1) of the Directive, or a certificate considered to be equivalent.

2. Examination of this memorandum showed the Commission that the Italian Government has complied fully with its obligations regarding implementation of the Directive concerned.

Done at Brussels, 24 September 1980.

For the Commission

Richard BURKE

Member of the Commission
Commission Opinion

of 15 May 1981

addressed to the Irish Government on the implementation of Council Directive 79/115/EEC concerning the pilotage of vessels by deep-sea pilots in the North Sea and English Channel

(81/399/EEC)

1. In its letter of 28 July 1980 the Irish Permanent Representation to the European Communities sent to the Commission, under Article 2 of Directive 79/115/EEC [1], the draft of a Ministerial measure whereby shipowners and captains of Irish ships are instructed to ensure that vessels flying the Irish flag which wish to be piloted, use in the North Sea and the English Channel only adequately qualified deep-sea pilots holding a certificate issued by the competent authority within a State bordering on the North Sea or English Channel in accordance with Article 1 (1) of the Directive, or holding a certificate considered to be equivalent.

2. Examination of this document has satisfied the Commission that the publication of the aforesaid measure will fully implement the provisions of the Directive which concern Ireland. The Commission suggests that the Irish Government should, while waiting for detailed information from the other governments concerned which would allow them to complete the text of the measure in question, already consider issuing a communication to its shipowners and sea captains covering points 1 and 2 of the draft submitted to the Commission.

Done at Brussels, 15 May 1981.

For the Commission

Georges Contogeorgis

Member of the Commission

[1] OJ No L 33, 8. 2. 1979, p. 32.

--------------------------------------------------
*****

COMMISSION OPINION

of 17 December 1981

addressed to the Government of the Federal Republic of Germany on the implementation of Regulation (EEC) No 954/79 of 15 May 1979 concerning the ratification by the Member States of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences

(82/24/EEC)

1. In a letter dated 25 September 1981 the Federal Minister of Transport of the Federal Republic of Germany sent the following documents to the Commission for consultation purposes under Article 6 of the above Regulation:

(i) a draft Law concerning the United Nations Convention on a Code of Conduct for Liner Conferences, and

(ii) an Explanatory Memorandum.

2. Having examined these documents, the Commission considers that they meet all the obligations laid down in Regulation (EEC) No 954/79, provided that Article 1 of the draft Law concerning the Convention on the Code of Conduct is applied in such a way that full account is taken of Article 1 of Regulation (EEC) No 954/79.

3. As the Government of the Federal Republic of Germany indicates in the Explanatory Memorandum that it intends to do so, the Commission hereby delivers a favourable opinion on the draft Law submitted to it.

Done at Brussels, 17 December 1981.

For the Commission

Giorgios CONTOGEORGIS

Member of the Commission