The following are discussed within this article: Chemicals; Pesticides/Biocides; Life Sciences; Food; Environment General Issues; Energy; Social Affairs/Worker Safety and Institutional Issues

Chemicals

Hazardous Substances in Electrical and Electronic Equipment

On September 23, the Commission issued a proposal for a Council Decision imposing maximum concentration limits for certain hazardous substances in electrical and electronic equipment. The Decision, if adopted in Council, would amend the Annex to Directive 2002/95/EC (the RoHS Directive).

According to the Comitology procedure, the Commission had transmitted the proposed measure to the Standing Committee on Waste which could not reach a qualified majority in favor of it during its vote on June 10. The proposal is now being considered by the Council, which must adopt or reject this measure (same qualified majority is requested) within three months, otherwise the Commission will adopt the final act itself.

(Ref.: COM(2004)606)

European Parliament Opinion on REACH Impact Report

On August 31, the European Parliament Committee for Industry, Research and Energy debated on a report by external consultants on the impact of the future REACH system on the competitiveness of the chemicals industry. The MEPs criticized the "static approach" of the consultants, who used a previous report commissioned by the German industry and did not adequately consider the benefits (notably for environment and public health, but also on innovation) of the proposal and the cost of inaction.

The Commission is currently working with all the operators involved on impact assessment and should transmit initial data shortly.

Phthalates in Toys

On August 19, the Council adopted a Decision renewing the prohibition of the placing on the market of toys and childcare articles intended to be placed in the mouth by children under three years of age made of soft PVC containing certain phthalates (these articles have already been banned in the EU since 1999 on the basis of emergency measures, regularly renewed every three months).

On November 24, 1999, the Commission had proposed a permanent ban, under Directive 76/769, for toys and childcare articles intended to be placed in the mouth by children under three years of age made of soft PVC containing certain phthalates. However, after a first reading by the Parliament, the proposal was never adopted by the Council. Following the recent risk assessment under Regulation 793/93 of the phthalates concerned, the Council now finally adopted a Political Agreement on the text. The current text requires that DEHP, DBP and BBP must not be present in concentrations greater than 0.1% by mass in toys and childcare articles (the Council withdrew the reference to age of child or to the intended use of the article). The substances DINP, DIDP and DNOP must not be present in concentrations greater than 0.1% by mass in toys and childcare articles intended for children under three and which can be placed in the mouth.

The current agreement, after its finalization in all Community languages, will take the form of a Common Position and will be submitted to the Parliament for Second Reading.

(Ref.: Decision 2004/624/EC, O.J. L280/34 / COM(1999)577)

Adaptation to Technical Progress / Directive 76/769

Following the recent 29th adaptation to technical progress (ATP) to Directive 67/548/EEC on dangerous substances (Directive 2004/73/EC), the Commission proposed on October 7 a proposal for a 29th ATP to Directive 76/769/EEC on marketing and use of chemicals. This Directive will insert 346 entries containing substances newly classified or re-classified as CMRs (Directive 76/769/EEC imposes restrictions for the sale to the general public of CMRs category 1 and 2).

The Commission also adopted two Directives on September 27 and 30, adapting to technical Progress Annex I to Directive 76/769/EEC:

  • The first Directive introduces marketing and use restrictions to nickel for piercing post assemblies (Member States must transpose it by August 1, 2005, and apply it by September 1, 2005).
  • The second Directive imposes marketing and use restrictions to pentabromodiphenyl ether in aircraft emergency evacuation systems (Member States must transpose and apply implementing legislation by January 1, 2005).

(Ref.: COM(2004)638 / Directives 2004/96/EC and 2004/98/EC)

FECC and CEFIC Voluntary Assessment Scheme

On October 15, the European Association of Chemical Distributors (FECC) and the European Chemical Industry Council (CEFIC) adopted a memorandum of understanding on a "European Assessment Scheme for Chemical Distributors" (ESAD II). It consists of a voluntary standardized assessment system to be used by chemicals distributors for assessing compliance with the chemical industry’s Responsible Care program.

Consultation on Proposed UK PFOS Restrictions

On October 19, the British Department for Environment, Food and Rural Affairs (DEFRA) launched a "consultation on proposed national action to restrict the use of perfluorooctane sulphonate (PFOS) and substances that degrade to PFOS." Following its national initiative risk assessment and discussions with the Commission and other Member States to obtain measures at EU level, the UK envisages to restrict the storage or use of PFOS and PFOS related substances at a concentration equal to or greater than 0.1% by mass. All interested stakeholders may submit their comments to DEFRA by January 25, 2005.

(Ref.: http://www.defra.gov.uk/corporate/consult/pfos/index.htm)

Pollutant Release and Transfer Registers (PRTR)

On October 6-7, the Commission adopted a proposal for a Regulation concerning the establishment of a European Pollutant Release and Transfer Register and amending Directives 91/689 and 96/61 and a proposal for a Council Decision on the conclusion of the UN-ECE Protocol on Release and Transfer Registers.

Over and above the current EPER, the new EU PRTR will contain information on releases and off-site transfers of waste or diffuse releases of the pollutants listed in Annex II (among others greenhouse and ozone depleting gases, heavy metals, priority hazardous substances; in total 90 substances are listed) that must be reported by the operators of activities listed in Annex I (energy, mineral industry, chemical, waste and waste water management, paper and wood, livestock and aquaculture, food and beverage sector, textiles, treatment with solvents, carbon and ship building or painting). The register will be publicly accessible free of charge on the Internet.

The second text proposes the ratification of the UN-ECE Protocol which will enter into force on the ninetieth day after the date of deposit of the sixteenth instrument of ratification.

(Ref.: COM(2004)634 & 635)

Persistent Organic Pollutants

On August 4, the Commission adopted a proposal for a Council Decision concerning a proposal on behalf of the European Community and the Member States, for amendments to Annexes I-III of the 1998 Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants and to Annexes A-C of the Stockholm Convention on Persistent Organic Pollutants.

It aims to propose the addition of nine substances to the annexes to these international conventions on POPs. The substances concerned are:

  • hexachlorobutadiene
  • octabromodiphenyl ether
  • pentachlorobenzene
  • polychlorinated napthalenes
  • short-chained chlorinated paraffins
  • pentabromodiphenyl ether
  • chlordecone
  • hexabromobifenyl
  • hexachlorocyclohexane

(Ref.: COM(2004)537)

Pesticides/Biocides

Directive 91/414/EEC on Plant Protection Products

On October 13, the Commission adopted a Regulation amending Regulation 2076/2002 concerning non-inclusion of certain active substances in Annex I to Directive 91/414. On the request of France, this amendment grants further derogations for essential uses to substance 4-CPA.

(Ref.: Regulation 1765/2004)

On October 7, the Commission adopted a Regulation amending Regulation 1490/2002 on the third stage of the work program, replacing a Rapporteur Member State (RMS) because the one originally assigned was unable to submit the draft assessment report within the time period provided. (The substance concerned is teflubenzuron; the new RMS is UK).

(Ref.: Regulation 1744/2004)

On October 1, the Commission adopted a Directive including active substances acetamiprid and thiacloprid in Annex I to Directive 91/414. Member States must apply it from July 1, 2005; they must review current authorizations by the same date. The Directive enters into force on January 1, 2005.

(Ref.: Directive 2004/99)

On September 27, the Commission adopted a Directive amending Directive 2004/60 on the Annex I listing for substance quinoxyfen. The Directive extends the time period by which the Member States must review the existing authorized products containing quinoxyfen. This amendment was necessary to put this time period into line with those for other new active substances.

(Ref.: Directive 2004/97)

On August 31, the Commission adopted a Decision allowing Member States to extend provisional authorizations for the new active substances etoxazole and carvone. The notifiers submitted a complete dossier to the RMS in charge in 1999, however at the issue of the assessment, the RMS has requested further information. The authorizations of these substances in plant protection products are then extended for two years, time within which the requested information must be provided and assessed.

(Ref.: Decision 2004/627)

Life Sciences

GMOs

On September 18 and 25, the Commission decisions of May 19 on the placing on the market of GM maize products were published in the Official Journal.

GM Maize NK 603, produced by Monsanto, is authorized for a period of 10 years under Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms. This authorization will not apply before the date of application of a Community Decision authorizing the placing on the market of the products for uses as or in food and including a method for detection of those products.

GM Maize Bt11, produced by Syngenta, is authorized as a novel food under Regulation 258/97 for a period of 10 years; it must be labeled as "genetically modified sweet maize".

(Ref.: Decisions 2004/643/EC and 2004/657/EC)

Commission Proposal on GM Oilseed Rape GT73 to be Sent to Council

On September 8, the Commission adopted a proposal to be sent to the Council on the authorization under Directive 2001/18 of the import and processing of the genetically modified oilseed rape known as Monsanto GT73. The oilseed rape has been modified for increased tolerance to the herbicide glyphosate.

As the Regulatory Committee on the release of genetically modified organisms into the environment did not deliver an opinion on the proposal, the file was sent to the Council. The Council has a three-month timeline to either adopt or reject the proposal by qualified majority. If no action is taken, the Commission can adopt the Decision itself.

Refined oil from the GT73 oilseed rape has been the subject of a notification for human consumption in the EU since 1997 under the Novel Foods Regulation (Regulation 258/97).

(Ref.: COM(2004)572)

GM Entries in Common EU Catalogue of Varieties

On September 8, the Commission approved the inscription of 17 varieties derived from MON 810 maize in the common EU catalogue of varieties of agricultural plant species.

The Commission compiles the varieties inscribed in the national catalogues to build the common EU catalogue. From this inscription, which should be published in the Official Journal, this seed of varieties can be marketed in the entire EU.

(Ref.: IP/04/1083)

Report on Member States' Experience with GMOs

On August 31, the Commission adopted a report on the experience of Member States with GMOs placed on the market under Directive 2001/18/EC which incorporated a specific report n the operation of Part B and C applications of the Directive.

(Ref.: COM(2004)575)

Cosmetics: Hair Dyes, Musk Xylene and Musk Ketone, CMRs, Alternatives to Animal Testing

In September, the Commission adopted a series of Directives amending Directive 76/768 on Cosmetic Products:

  • Directive 2004/87 adapting Annex III to technical progress in a way to extend the date until which hair dyes are allowed to December 2005. By that date, stakeholders must produce further data to be reviewed by the Commission’s Scientific Committee.
  • Directive 2004/88 adapting Annex III to technical progress following the risk assessment on musk xylene and musk ketone (under Regulation 793/93). The Directive introduces specific authorized concentration limits, which must be adopted and applied by Member States from October 1, 2004.
  • Directive 2004/93 adapting Annex II and III to technical progress according to Directive 2003/15 (7th amendment to the Cosmetics Directive) which prohibits the use of CMR ingredients in cosmetics. Member States must adopt and apply implementing measures by October 1, 2004. They must further ensure that three months after the entry into force of their national measures, cosmetics which contain unauthorized CMR ingredients cannot be placed on the market. Lots already put on the market must be recalled after 6 months from the same date.
  • Directive 2004/94 amending Annex IX for the purpose of listing the alternative methods to animal testing that have been validated by ECVAM and that are not listed by Directive 67/548. For the time being, this list is empty.

Commission Consultation on Nanotechnology

On July 30, the Commission launched an open consultation on its Communication entitled "Towards a European Strategy for Nanotechnology."

The Commission will prepare a report based on the outcome of this survey and an "Action Plan" will follow later this year.

You can access the text of the Commission Communication at: http://europa.eu.int/eur-lex/en/com/cnc/2004/com2004_0338en01.pdf

and the preliminary risk analysis published by the Commission earlier in May: http://europa.eu.int/comm/health/ph_risk/documents/ev_20040301_en.pdf

You can also consult MLA EU Environmental Law Bulletin at: http://www.mckennalong.com/attachment.html/articles/976/European+Strategy+for+Nanotechnology.pdf

(Ref.: COM(2004)338 /EU Environmental Law Bulletin, June 28, 2004, Vol. II. No. 6)

New Non-Food Scientific Committees Have Replaced Former Committees

On July 23, the Commission published the list of experts appointed as members of three new Scientific Committees. The experts are appointed for a term of three years and 40% of them were members of the previous committees. The experts have been named following a Commission Decision of March 3, 2004 (Ref.: Decision 2004/210/EC) that set up Scientific Committees in the fields of consumer safety, public health and the environment. The Committees replace the Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers (SCCNFP), the Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE) and the Scientific Committee on Medicinal Products and Medical Devices (SCMPMD).

On September 7-8, the Committees held their first joint meeting. The chairs and vice-chairs were elected and they adopted rules of procedure common to the three Scientific Committees.

Below you will find the name, mandate and web page of each new non-food Scientific Committee:

Scientific Committee on Consumer Products (SCCP)

  • Mandate: Questions concerning the safety of consumer products (non-food products intended for the consumer). In particular, the Committee will address questions in relation to the safety and allergenic properties of cosmetic products and ingredients with respect to their impact on consumer health, toys, textiles, clothing, personal care products, domestic products such as detergents and consumer services such as tattooing.
  • http://europa.eu.int/comm/health/ph_risk/committees/04_sccp/04_sccp_en.htm

Scientific Committee on Health and Environmental Risks (SCHER)

  • Mandate: Questions relating to examinations of the toxicity and ecotoxicity of chemicals, biochemicals and biological compounds whose use may have harmful consequences for human health and the environment. In particular, the Committee will address questions about new and existing chemicals, the restriction and marketing of dangerous substances, biocides, waste, environmental contaminants, plastic and other materials used for water pipe work (e.g., new organic substances), drinking water and indoor and ambient air quality. It will also address questions relating to human exposure to mixtures of chemicals, sensitization and identification of endocrine disrupters.
  • http://europe.eu.int/comm/health/ph_risk/committees/04_scher/04_scher_en.htm

Scientific Committee on Emerging and Newly-Identified Health Risks (SCENIHR)

  • Mandate: Questions concerning emerging or newly-identified risks and on broad, complex or multi-disciplinary issues requiring a comprehensive assessment of risks to consumer safety or public health and related issues not covered by other Community risk-assessment bodies.

(Ref.: OJ (2004) C188/2 amended list published in OJ (2004) C250/8)

Food

Additives

On October 11, the Commission adopted a proposal for a Directive amending Directive 95/2 on food additives other than colors and sweeteners and Directive 94/35 on sweeteners for use in foodstuffs. It aims to adapt Directive 95/2 in the light of recent technical and scientific developments:

  • nitrite and nitrate: maximum levels permitted lowered according to EFSA opinion;
  • weaning food: any reference to "weaning food" should be replaced by a reference to "processed cereal-based foods and baby foods";
  • food supplements and foods for special medical purposes: replacement of terms to refer to Directive 1999/21 and 2002/46;
  • p-hydroxybenzoates: withdrawal of E216 propyl p-hydroxybenzoate and E217 sodium propyl p-hydroxybenzoate from Directive 95/2;
  • Gelling agents in jelly mini-cups: ban of the use of several gel-forming food additives in jelly mini-cups;
  • authorization of new food additives: erythritol (authorization under Directives 95/2 and 94/35), 4-hexylresorcinol, soybean hemicellulose, ethyl cellulose; and
  • new uses for authorized additives: sodium hydrogen carbonate in sour milk cheese, sorbates and benzoates in crustaceans, silicon dioxide as a carrier, additives in bread, patés and chestnut puree.

(Ref.: COM(2004)650)

Food Chain Advisory Group

On August 6, the Commission adopted a Decision concerning the creation of an advisory group on the food chain and animal and plant health. The group will be composed of 45 members from representative European bodies in the field of consumer protection, food industry, retailers and farmers.

The Commission will consult the group on its program of work on food and food safety, food and feed labeling and presentation, human nutrition, in relation to food legislation, animal health and welfare, and matters relating to crop protection, plant protection products and residues thereof, and conditions for the marketing of seed and propagation material, including matters pertaining to industrial property.

Some experts and representative bodies may be invited by the group. However, a number of documents and discussions will require confidentiality and will not be made available to the public. The advisory group on the food chain and animal and plant health is replacing the Advisory Committee on Foodstuffs, the standing groups on veterinary matters, plant health, animal welfare and feedingstuffs.

(Ref.: Decision 2004/613/EC)

EFSA Opinions: Trans Fatty Acids, Pullulan, Parabens and Furan

European Food Safety Authority activity:

  • Opinion on trans fatty acids (TFA), Scientific Panel on Dietetic Products, Nutrition and Allergies (NDA): opinion adopted on a request by the Commission, following the Danish 2003 Regulation imposing restrictions on TFA in oils and processed foodstuffs. TFA are recognized to have greater effect on bad cholesterol and coronary disease than saturated fatty acids. However, current intakes of TFA are generally much lower than those of saturated fatty acids. As regards other health effects, there was no consistent scientific evidence on a possible relationship of TFA intake with cancer, diabetes or allergies. (Ref.: EFSA-Q-2003-022)
  • Opinion on pullulan (breath-freshening food additive): the Scientific Panel on Food Additives, Flavorings, Processing Aides and Materials in Contact with Food (AFC) concluded that pullulan does not pose a health risk as a food additive.
  • Opinion on parabens (additives E 214-219) by the AFC Panel, which set an acceptable daily intake (ADI) of 0-10 mg/kg body weight per day for methyl and ethyl parabens and their sodium salts. However, the panel could not set an ADI for propyl paraben, which was found to present some reprotoxic properties in rats.
  • The Scientific Expert Panel on Contaminants in the Food Chain (CONTAN) established an ad hoc Working Group on furans in food. It will notably examine the formation of furan and its derivatives during food processing.

PAH Levels

On October 12, the Standing Committee on the Food Chain and Animal Health approved a Commission proposal to set maximum levels at EU level for PAH (polycyclic aromatic hydrocarbons-carcinogenic substances) in certain foods containing fats and oils and foods where smoking or drying processes might cause high levels of contamination, or in fish.

(Ref.: IP/04/1211)

Mycotoxin Levels

On October 12, the Standing Committee on the Food Chain and Animal Health approved a Commission proposal to set maximum levels at EU level under Regulation 466/2001 for ochratoxin A in coffee, wine and grape juice. Ochratoxin A is a mycotoxin which has been shown to have carcinogenic and toxic properties (some maximum levels are already set, mainly for cereals).

(Ref.: IP/04/1215)

Organic Farming Action Plan

On October 18, the EU Ministers for agriculture gathering in Luxembourg for an Agriculture Council adopted the European Action Plan on Organic Food and Farming. The plan contains different actions in the fields of organic food market, public policy on organic farming, and standards and inspections. The plan notably aims to improve information on organic products, enhance data systems and strengthen controls.

(Ref.: COM(2004)415)

Environment General Issues

European Parliament Questions to the Future Environment Commissioner

On September 1, the Environment Committee of the European Parliament adopted a questionnaire for the new Commissioner for Environment.

The MEPs focused their questions on the implementation of the principle of integration of environmental concerns into all EU policies, the Kyoto Protocol, and the reinforcement of the concept of environmental liability. MEPs also wanted to compare Mr. Dimas’ views with his predecessor’s, notably on the proposed REACH Regulation. REACH is presented as the biggest challenge for the new Commission in the field of environment. They questioned the Commissioner on his commitment to meet the Spring 2006 target for the implementation of the future Regulation. They were also particularly concerned by the limitation to a minimum of animal testing and the need to ensure the necessary resources for the validation of alternative test methods.

The Hearing of Stavros Dimas took place on September 29, in an atmosphere of suspicion from MEPs, who reproached the Commissioner designate on his lack of experience in the field of environmental protection. MEPs also feared that he could give priority to competitiveness rather than to environment protection or that he could be weak compared to his industry counterpart, Günter Verheuguen (who will be co-responsible for the REACH proposal).

Mr. Dimas insisted that competitiveness and the environment are not necessarily at odds, and that environmental measures could boost innovation and competitiveness. On climate change, he committed to start the emission trading scheme from January 2005, even if some Member States failed to adopt the necessary implementation measures. Concerning the REACH Regulation, he assured he would take the ongoing impact assessments into account, without however amending the proposal for the Regulation. His discourse on GMOs’ coexistence was cautious, and he did not state his position clearly. He mentioned that he supported the European Parliament’s threshold of 0.1% of GMO contamination.

In spite of their doubts, the Environment Committee MEPs gave their approval to Mr. Dimas, requiring him to demonstrate now by deeds more than by words.

http://www.europarl.eu.int/press/audicom2004/index_en.htm

Environment Council

On October 14, the Ministers for Environment gathered in Brussels for the first Environment Council meeting under the Dutch Presidency. The Ministers discussed among others:

  • Flood risk management: Council Conclusions;
  • Waste from extractive industries: Political Agreement (The European Parliament delivered its First Reading Opinion on March 31, the text now agreed, after its finalization in all Community languages, will take the form of a Common Position and be submitted to the Parliament for Second Reading);
  • Fluorinated greenhouse gases: Political Agreement, by qualified majority, on:
    • a draft European Parliament and Council Regulation on certain fluorinated greenhouse gases;
    • a draft European Parliament and Council Directive on emissions from air conditioning systems in motor vehicles, amending Directive 70/156/EEC;
  • Climate Change: Council Conclusions;
  • Eco-efficient innovations within the Lisbon Process: Council Conclusions;
  • Sustainable road transport: Debate;
  • Urban environment: Council Conclusions;
  • Stockholm Convention: The Council adopted a Decision approving the Stockholm Convention on POPs (persistent organic pollutants).

Competitiveness Council

On September 24, the Ministers for industry gathered in Brussels for the first Competitiveness Council meeting under the Dutch Presidency. Among other items, the Council focused on:

  • Phthalates: Political Agreement on a draft Directive (see related article in section 1, Chemicals);
  • Nanotechnology: Council Conclusions;
  • Industrial Policy and Structural Changes: Council Conclusions;
  • Sales Promotions: Debate in view of reaching a Political Agreement on November 25-26.

EU Case Law on Waste Definitions

On September 7 and on October 14, the European Court of Justice adopted two judgments relevant for the definition of waste.

In Case C-1/03, the Court held that hydrocarbons that are unintentionally spilled and cause soil and groundwater contamination are waste within the meaning of Council Directive 75/442/EEC on waste. The same is true for soil contaminated by hydrocarbons, even if it has not been excavated. The petroleum undertaking can be considered to be the holder of that waste only if the leak can be attributed to the conducts of that undertaking.

In Case C-113/02, the Court declared that the Netherlands failed to fulfill its obligations under Regulation 259/93 on shipment of waste, and under Directive 75/442/EEC on waste, because Dutch measures set a ban for the shipment of waste to a Member State where the recovery target was lower than in the Netherlands, and for incorrect distinction between waste recovery by incineration and waste disposal by incineration. For more information, please refer to the related MLA EU Environmental Law Bulletin.

Climate Change

On October 20, the Commission accepted a second set of 8 national allocation plans for CO2 emission allowances: Belgian, Estonian, Latvian, Luxembourg, Slovak, Portuguese, Finnish and French plans. However, the Finnish and French plans were approved on condition that technical changes are made. To date, 16 Member States’ plans have been approved, and the Commission is assessing the remaining ones. Only Greece has not submitted its plan yet. This work, if completed by the end of the year, should allow all EU companies to start emission trading from January 2005, according to Directive 2003/87/EC. If all the allocation plans have not been approved by then, only the Member States having an accepted plan will be able to enter in the scheme from January 1.

On September 30, the Russian Council of Ministers agreed to adopt a Bill on Climate Change. The Bill will be sent to the Russian Parliament for approval. The Kyoto Protocol would come into force 90 days after Russia formally ratifies it.

On September 14, the Commission launched an internet public consultation, which remains open until October 31 on the post-Kyoto protocol period (after 2012). It will also organize in mid November a stakeholder conference on the same subject. The European Environment Agency adopted a report entitled "Impacts of climate change in Europe: An indicator-based assessment" (http://reports.eea.eu.int/climate_report_2_2004/en)

(Ref.: IP/04/1099/http://europa.eu.int/comm/environment/climat/future_action.htm)

Infringement Proceeding: German Drink Packaging Deposit Scheme

On October 20, the Commission decided to allow Germany an extra three-month period to comply with EU rules as it demonstrated serious efforts in this direction. Thereafter, the Commission will refer Germany to the Court of Justice for failing to comply with the Packaging and Packaging Waste Directive (94/62).

Energy

Infringement Proceedings

On October 13, the Commission sent letters of formal notice (first phase of the infringement proceeding) to 18 Member States (Germany, Belgium, Estonia, Finland, Ireland, Italy, Lithuania, Latvia, Malta, United Kingdom, Czech Republic, Slovakia, Sweden, Greece, Poland, Portugal, Spain and Luxembourg) for failing to notify national measures transposing the Directives on the liberalization of markets for electricity and/or gas (Directive 2003/54 and 2003/55).

Social Affairs/Worker Safety

Stress at Work

On October 8, the Social Partners signed a voluntary framework agreement seeking to address the problem of stress in the workplace. At national level, the trade unions and employers’ representatives will be free to decide how they will implement it.

(Ref.:http://www.europa.eu.int/comm/employment_social/news/2004/oct/stress_agreement_en.pdf)

Council for Employment, Social Policy, Health and Consumer Affairs

On October 4, the Employment, Social Policy, Health and Consumer Affairs Council was dedicated to, among others:

  • Equal treatment: Political Agreement;
  • European Agencies: Agreements on two draft Regulations on European Agency for Safety and Health at Work and European Foundation for the Improvement of Living and Working Conditions;
  • Organization of working time: Debate; and
  • Temporary workers: Debate.

Institutional Issues

New European Commission

On August 12, the incoming president of the European Commission, José Manuel Barroso, designated the portfolios of the new 25 Commissioners.

The new Commission should take office in November, for a term of five years. The list of Commissioners must now be adopted by the Council, then approved by the European Parliament after hearings of individual candidates by the Members of the European Parliament (MEPs).

Several of the current Directorates General (DGs) have been split and some were renamed. The Commission’s preliminary structure was announced to be as follows:

Commission President:

José Manuel Barroso (Portugal)

Institutional Relations and Communication Strategy:

Margot Wallström (Sweden)
Vice-President

Enterprise and Industry

Günter Verheugen (Germany)
Vice-President

Transport:

Jacques Barrot (France)
Vice-President

Administrative Affairs, Audit and Anti-Fraud:

Siim Kallas (Estonia) Vice-President

Justice, Freedom and Security:

Rocco Buttiglione (Italy) Vice-President

Information Society and Media: Environment:

Vivane Reding (Luxembourg
Stavros Dimas (Greece)

Economic and Monetary Affairs:

Joaquim Alumnia (Spain)

Regional Policy:

Danuta Hübner (Poland)

Fisheries and Maritime Affairs:

Joe Borg (Malta)

Financial Programming and Budget:

Dalia Grybauskaite (Lithania)

Science and Research:

Janez Potocnik (Slovenia)

Education, Training, Culture and Multilingualism:

Ján Figel (Slovakia)

Health and Consumer Protection:

Markos Kyprianou (Cyprus)

Enlargement:

Olli Rehn (Finland)

Development and Humanitarian Aid:

Louis Michel (Belgium)

Energy:

László Kovács (Hungary)

Competition:

Neelie Kroes-Smit (Netherlands)

Agriculture and Rural Development:

Mariann Fischer Boel (Denmark)

External Relations and European Neighbourhood Policy:

Benita Ferrero-Waldner (Austria)

Internal Market and Services:

Charlie McCreevy (Czech)

Employment, Social Affairs and Equal Opportunities:

Vladimir Spidla (Czech)

Trade:

Peter Mandelson (United Kingdom)

Taxation and Customs Union:

Ingrida Udre (Latvia)

Qualified Majority Calculation in Council

On October 11, the Council adopted an amendment to its rules on procedures on qualified majority voting to adjust the calculation and the weighting of votes to the EU25.

A qualified majority requires 62% of the Council votes: each Member State counts between 3 and 29 votes, and the qualified majority is reached with 232 votes on 321. In addition, when a decision is to be adopted by the Council by a qualified majority, a member of the Council may request verification that the Member States constituting the qualified majority represent at least 62% of the total population of the Union (284,331.4 out of 458,599 thousands inhabitants).

(Ref.: Decision 2004/701)

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