Showing papers on "Directive published in 2002"

Annex: Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 Concerning the Placing of Biocidal Products on the Market

Abstract: ►M6 Commission Directive 2007/69/EC of 29 November 2007 L 312 23 30.11.2007 ►M7 Commission Directive 2007/70/EC of 29 November 2007 L 312 26 30.11.2007 ►M8 Commission Directive 2008/15/EC of 15 February 2008 L 42 45 16.2.2008 ►M9 Commission Directive 2008/16/EC of 15 February 2008 L 42 48 16.2.2008 ►M10 Directive 2008/31/EC of the European Parliament and of the Council of 11 March 2008 L 81 57 20.3.2008

Preparing for the European Water Framework Directive — making the links between habitat and aquatic biota

Abstract: 1.The European Commission published the Directive ‘Establishing a Framework for Community Action in the Field of Water Policy’ (Water Framework Directive) in December 2000. The Directive recognizes for the first time the importance of aquatic biota in assessing the quality of European fresh and marine waters. 2.Specific objectives of the Directive are to prevent further deterioration and protect and enhance the status of aquatic ecosystems. 3.The Directive is unique in setting ecological targets (‘high and good ecological status’) for surface waters and, in doing so, the Commission has recognized the need for an integrated approach to managing three of the components of aquatic habitats: water quality, water quantity and physical structure. 4.A series of ‘tasks’ required by the Directive aims to produce River Basin Management Plans, detailing Programmes of Measures to ensure that all rivers achieve at least ‘good ecological status’ by 2015. 5.The River InVertebrate Prediction And Classification System (RIVPACS) influenced the drafting of the Directive, with the concept of a reference state and the selection of river typology variables. RIVPACS provides a more ecologically robust link between habitat variables and biological elements than some of the systems now enshrined in the Directive. 6.The real challenge posed by the Directive for ecologists and river managers alike will be to integrate the scientific studies on separate habitat components, such as flow, and single taxonomic groups such as salmonid fish, into a holistic view of the ecological status of river basins. Copyright © 2002 John Wiley & Sons, Ltd.

Patients' attitudes toward advance directives.

Abstract: Purpose: To explore hospitalized patients' attitudes toward advance directives, their reasons for completing or not completing advance directive forms, and demographic differences between patients who did and did not complete advance directive forms. Design and Method: The convenience sample comprised 30 hospitalized patients in North Carolina. Participants were interviewed using an adapted advance directive attitude survey (ADAS), and were asked five general questions about advance directives. Validity and reliability were established on the adapted tool. Findings: The overwhelming majority of participants had received information on advance directives and they were moderately positive about them. The majority who had completed advance directives were Caucasian, female, over age 65, had less than a high school education, and perceived their health as poor. Most believed that an advance directive would ensure they received the treatment they desired at the end of life. Conclusions: Patients' attitudes alone did not determine who will and will not complete advance directives. Most participants who completed advance directives had specific reasons for doing so. Nurses have responsibility for discussing advance directives with patients, families, and physicians to ensure adequate education about the completion of advance directives.

Directive 86/609/EEC on the protection of animals used for experimental and other scientific purposes

Abstract: Directive 86/609/EEC regulates the use of animals for experimental and other scientific purposes in the EU. The Directive seeks to improve the controls on the use of laboratory animals, and to set minimum standards for housing and care, and for the training of personnel handling these animals and supervising the experiments. It also aims to reduce the numbers of animals used for experiments, by encouraging the development and the validation of alternative methods to replace animals methods. Since the scientific basis of the Directive dates back at least 15 years, the Commission is planning on an in-depth revision of the Directive. The Commission aims to have a first draft proposal ready by the end of 2003.

A New Framework on Equal Treatment of Persons in EC Law

Abstract: In June and November 2000, the European Parliament and the Council adopted two Directives referring to ‘the principle of equal treatment irrespective of’ in their title, one relating to racial and ethnic origin, the other to disability, age, religion and belief or sexual orientation. A thorough reform of Directive 76/207/EEC on the principle of equal treatment for women and men in employment matters is pending between the European Parliament's second reading and adoption while this is written. Community secondary legislation on equal treatment of persons has thus expanded in scope and number of reasons which must not serve as starting points for differentiation. Does this signify progress in legal protection against personal discrimination? While not providing a ready answer, this article proposes an analytical framework to answer this question, concentrating on conceptions of equality in general and in particular on the problems multi‐dimensional discrimination might pose for the law.

Enhancing interactive presentations

Abstract: Methods and systems are provided for use in enhancing interactive presentations. Access is gained to a computer-based presentation that is presentable by conventional desktop presentation software, and a feature is added to the computer-based presentation. An aspect of the feature may be presentable by the conventional desktop presentation software. Using Internet-standard protocols, a real-time directive is issued to a playback device based on the feature and a response to the directive is received. A real time analysis of results of issuing the directive may be provided based at least in part on the response.

EC Securities Regulation

Abstract: In the wake of radical and far-reaching legal, market, and institutional reforms which followed the completion of the Financial Services Action Plan, the EC regime for securities regulation now governs Community financial markets and has almost replaced national law in this area. This long-awaited second edition of EC Securities Regulation considers the extensive new regime in its legal, institutional, political, and market context and assesses the forces which have shaped it. Far-reaching reforms have followed from the coincidence of law-making reform under the Lamfalussy process with the regulatory reforms adopted under the Financial Services Action Plan. The new edition considers key measures, including the 2003 Prospectus Directive, the 2003 Market Abuse Directive, the 2004 Transparency Directive, the reforms to the UCITS regime,the groundbreaking 2004 Markets in Financial Instruments Directive, and the extensive developments in clearing and settlement. A new chapter addresses the treatment of gatekeepers. Detailed attention is given throughout the book to the extensive rules which apply at level 2 and to the level 3 process. New chapters have also been added on law-making and supervision, following the dramatic developments which followed the establishment of the Committee of European Securities Regulators. The influence wielded by the CESR on EC securities regulation is a key undercutting theme of the book.

The Parental Leave Directive: Towards a `Family-Friendly' Social Europe?

Abstract: The employment and social policies of the European Union currently seek to promote equal opportunities while targeting further significant increases in female employment rates. This article evaluates its `work-life balance' regulations, particularly the Parental Leave Directive, analysing their origins and rationale. We assess the social, economic and legal implications and identify differing national strategies for implementation. In conclusion, we address how the EU `family-friendly' aspirations can be made consistent with the promotion of gender equality in employment.

National adaptation to European integration: institutional vetoes and goodness-of-fit

Abstract: Despite extensive research examining the implications of European integration, the determinants of national adaptation to EU legislation remain poorly understood. There is particular debate as to whether successful adaptation is determined by the compatibility of national and European procedures and practices ('goodness-of-fit'), or domestic institutional veto points. When implementing the Packaging Waste Directive, Britain introduced new legislation swiftly despite severe mismatches between European and national standards and regulatory styles. However, the German government encountered prolonged difficulties negotiating domestic veto points despite making only incremental changes to existing legislation. Whilst this contradicts 'goodness-of-fit' explanations of integration, the situation was reversed for implementation of the Directive's environmental objectives, with Germany exceeding European requirements but Britain struggling to achieve compliance. It is argued that although institutional vetoes are...

A Comparison of State Advance Directive Documents.

Abstract: Purpose: Advance directive (AD) documents are based on state-specific statutes and vary in terms of content. These differences can create confusion and inconsistencies resulting in a possible failure to honor the health care wishes of people who execute health care documents for one state and receive health care in another state. The purpose of this study was to compare similarities and differences in the content of state AD documents. Design and Methods: AD documents for 50 states and the District of Columbia posted on the Partnership for Caring website were reviewed. States and regions of the country were compared for type or types of documents used and issues included in AD documents. Results: Three states had statutory living will documents only; however, these states did allow for appointment of a health care agent for limited end-of-life decisions. Three states had statutory durable power of attorney for health care documents only, 32 had both statutory living will and durable power of attorney for health care documents, and 13 had statutory forms which combine both types of directive in one document (advance health care directives). Of 8 identified key issues, those addressed by at least 90% of states were designation of a proxy, personal instructions for care, general life-sustaining measures, and terminal illness. When document types were compared, advance health care directive documents included more of the key issues than did living will or durable power of attorney for health care documents ( p � .001). Implications: This variability suggests a need for national dialogue to standardize some provisions of AD documents.

Implications of the EU directive on clinical trials for emergency medicine.

Abstract: A laudable attempt by the European Union to implement good clinical practice in the conduct of clinical trials on drugs for human use will, unless amended, make impossible a range of potentially life saving studies after May 2004 Directive 2001/20/EC, adopted in April last year, is an important and comprehensive document1 It is a cornerstone of a Europe-wide harmonisation of the provisions governing clinical trials and can be expected to foster and facilitate multinational clinical research It will be adopted by member states before 1 May 2003, and its provisions will be applied from 1 May 2004 at the latest Several articles in the directive deal with the protection of clinical trial subjects Article 5 outlines the conditions for research in incapacitated patients unable to give informed consent The article, however, is framed to address the needs of individuals who are incapacitated for long periods, many even permanently A clinical trial can only be done if “informed consent of the legal representative has been obtained” …

Regulating health and safety management in the European Union : a study of the dynamics of change

Abstract: In the face of the challenge of economic competition in increasingly globalised markets, regulating the management of occupational risk is a central aspect of strategies for both social protection and employability in the European Union. The analysis of the supports and constraints to its development and implementation is therefore of fundamental importance in understanding the significance of the role of regulation in the chaning world of work in the European Union today. The EU Framework Directive 89/391 was an important milestone in the shift from prescriptive to more process based forms of health and safety regulation in the EU. In this book the origins and development of this approach are traced in several European countries and the impact of the Framework Directive on the process and dynamics of change is analysed. The book shows how economic, political, technical and regulatory structures, cultures and practices influenced, filtered and formed national reception, transposition and implementation of the Directive. It highlights both the strengths and weaknesses of process regulation and helps to explain variation in its operation. Contents: David Walters/Ton Wilthagen/Per Langaa Jensen: Introduction. Regulating Health and Safety Management in the European Union -- David Walters: The Framework Directive -- Anna Hedegaard Riis/Per Langaa Jensen: Denmark: Transforming Risk Assessment to Workplace Assessment -- Chantal Rivest: France: From a Minimalist Transposition to a Full Scale Reform of the OHS System -- Marian Schaapman: Germany: Occupational Health and Safety Discourse and the Implementation of the Framework Directive -- Chantal Rivest: Italy: The Difficulty of TransposingNational Law into Regional Practices -- Jan Popma/Marian Schaapman/Ton Wilthagen: The Netherlands: Implementation within wider regulatory reform -- Kaj Frick: Sweden: Occupational Health and Safety Management Strategies From 1970-2001 -- David Walters: United Kingdom: From a Piece-Meal Transposition to a Third Way -- David Walters: Conclusions: The Reception of the Framework Directive in Different National Systems.

Advance directives. Why community-based older adults do not discuss their wishes.

Abstract: Health care providers and family members need direction when making health decisions for individuals who are unable. Advance directives allow individuals to maintain control of health care decisions. Despite that the majority of the population supports the right to express wishes related to end-of-life care, few implement advance directives. The purpose of this study was to determine reasons why community-based older adults discuss, do not discuss, or formalize advance directives. A convenience sample of 55 adults age 50 or older, participated in the study by answering a 31-question self-report questionnaire. Death or serious illness of a loved one was the most influential factor prompting formulation of an advance directive. However, the majority of the population has not expressed their health care wishes in the form of advance directives. Therefore, continuing to educate and encourage discussion of advance directives is imperative.

The Framework Directive for equal treatment in employment and occupation: an analysis from a disability rights perspective

Abstract: The purpose of this paper is to analyse the recently adopted directive establishing a general framework for equal treatment in employment and occupation from a disability rights perspective. The adoption of this directive represents merely the first stage in the prohibition of discrimination on the grounds falling within its protective remit. The next and arguably most important stage is the implementation of this directive into national law. Of the protected grounds, disability offers what is arguably the greatest challenge for national authorities in the implementation process. It demands flexibility in the legislative approach traditionally used to combat discrimination as well as the introduction of new legal concepts into the national legal order of most Member States. Whilst European Disability Non-Governmental Organisations, together with the European Parliament, are calling on the Commission of the European Union to propose a more expansive directive prohibiting disability discrimination, it is first crucial to ensure that the core aspects of the recently adopted directive are clearly understood and correctly implemented from a disability rights perspective. These core aspects include the definition of disability, the concepts of direct and indirect discrimination, and the duty to provide reasonable accommodations. Given that these core aspects will be common to any disability non-discrimination law, no amount of coverage beyond the context of employment and occupation will compensate for the subsequent loss of opportunity to make a real difference to the lives of disabled people if they are not appropriately addressed.

The ethics of surrogate decision making.

Abstract: In an ideal world, every adult would have executed a clear and unambiguous advance directive, given it to all family members, and discussed it thoroughly with his or her personal physician. In the real world, whereas advance directives have been legally recognized in most states, only 10% to 20% of people have executed written directives. A contributing factor is the widespread reluctance of people to contemplate the prospect of life-threatening illness. In addition, people often make two false assumptions. First, they assume that advance directives are unnecessary because those closest to them will know intuitively what should be done in the unlikely event that life-threatening illness should strike. Second, they assume that those persons will be empowered to act as surrogates. Regrettably, nothing could be further from the truth, at least when the action is withdrawing life support and there is a lack of consensus among family members. Given this conspicuous absence of formal directives, a perennial issue has been the standards that should inform surrogate decision making—decisions made on a patient's behalf. The recent decision of the California Supreme Court in Conservatorship of Wendland is the latest indication of how intractable the debate over these standards remains.1 The objective of this article is to put the Wendland decision in the larger context of the law and ethics of surrogate decision making.

European Works Councils: Negotiated Europeanisation: Between Statutory Framework and Social Dynamics

Abstract: This title was first published in 2002: Negotiated Europeanisation is the final study in a three-volume series on European Works Councils by an international research group. The first two studies have already been published by Ashgate. The current study is rooted in an analysis of the establishment of EWCs under Articles 5 and 6 of the 1994 EWC Directive. This is now a mandatory procedure and completes the development of EWCs from bodies set up purely by voluntary negotiation to bodies set up within a binding statutory procedure. The study is based on cases of five (named) major European firms in a variety of industrial sectors. As well as a detailed consideration of how negotiations using the mandatory procedure took place, there are more general reflections on the 'quality' of the actors involved, the negotiating process and the outcomes. As well as their analytical value, these observations offer a number of practical pointers on the establishment of information and consultation arrangements internationally. The study also asks why EWCs have been set up in only one third of eligible companies and why the pace of establishing new EWCs slowed after the mandatory procedure came into force in September 1996. This part of the study is based upon a pan-European questionnaire and offers the first empirical findings on this issue. European Works Councils exemplify a new mode of regulation at the European level, not only within industrial relations but in the field of European integration more widely conceived - Europe as a multi-level system of governance within a framework of devolved subsidiarity. This study is of both academic and practical interest, particularly in view of the continuing process of change in this area, exemplified in new Directives on the European Company Statute and information and consultation at national level.

Representative survey of german people concerning enlightenment and patient directive in a case of terminal illness

Abstract: The basic principles dealing with euthanasia (1998) as expressed by the German Association of Doctors states that in advance written directives are of "substantial help for the doctor in his or her actions". This requires, however, wide proliferation of patient directives. Hence it was important to ascertain the prevalence of such directives in the German population, as well as the relationship to the wish for enlightenment in terminal illness and diseases in their final stages. This was accomplished in December 1998 using 2050 people obtained with the Random-Route-Procedure (1024 from the new German states, 1013 from the old German states). The sample was obtained from the opinion research institute USUMA with ages ranging between 14 - 92. The main results from this representative survey represent an important record of the status quo with respect to opinion shaping of patient autonomy. 16 % of this survey expressed the wish not to be fully enlightened in the case of a terminal illness or they wished for a clarification to be given to the family only. This result shows that part of the population still holds on to their right of no knowledge. 59.1 % expressed the wish for a complete and immediate enlightenment. The other 24.9 % desired a careful step-by-step presentation of information. The high percentage of those who desired information and enlightenment is in contradiction to the small 2.5 % of patients who have actually written advance directives. These empirical results are consistent with the clinical experience of many doctors and represents the decision of the "representational" doctors for the current ethical regulation of patient directives as an ideal idea. Since 71.9 % of those surveyed had never before thought about this issue conclusions are drawn regarding patient consultations. Gender and East/West differences are also shown. Language: de

European Initiatives in the Protection of Victims of Trafficking Who Give Evidence Against Their Traffickers

Abstract: The trafficking of people, in particular the trafficking of women and children for the sex trade, is one of the most serious challenges to basic human rights in Europe. In the context of increasing awareness of the practice and initiatives to address it, the European Commission has published a proposal for a Directive on short-term residence permits for those who give evidence against their traffickers. The Directive is unlikely to succeed if adopted in its current format because it offers too little to the victims. In particular there are insufficient guarantees concerning a possible right to remain on the territory after legal proceedings have been completed. Consequently, victims are offered insufficient incentive to give evidence, an act that may expose them to further risk from the traffickers or their associates. Some protection may be available under other instruments and these must be taken into account in assessing the position of victims.

Climate protection through tradable permits: the EU proposal for a CO2 emissions trading system in Europe

Abstract: On 23 October 2001 the European Commission adopted a proposal for a directive for trade in greenhouse gas emissions. Following the US experience of emissions trading systems, this marks the first large-scale attempt to deploy this instrument of environmental policy in Europe. The proposal places European climate protection policy on a completely new footing. The prospects of its implementation have increased since the climate change conference in Marrakech. This paper introduces the draft directive and gives an initial economic appraisal. It concludes that the directive deliberately—and wisely—limits the scope of the first trading phase, starting in 2005. Consequently, there is still considerable scope for increasing its efficiency (resulting from gains from trading) in later phases, namely by extending both the number of participants and the gases included. The number of participants in the first phase and the institutional arrangements, however, appear sufficient to enable a liquid, functioning market. In this respect, the (politically difficult) decision to start with a compulsory system is also to be welcomed. Important issues not yet sufficiently clarified include the concrete rules for defining the total permit quantity issued to participants by each member state, and whether other economic sectors, which are to be treated by ‘other policies and measures’, will bear a comparable burden. Furthermore, the essential questions of primary allocation and treatment of newcomers—which are in principle left up to member states—as well as the linkage of emissions trading with existing policies affecting the participating sectors must be solved before legal implementation is recommended. Copyright © 2002 John Wiley & Sons, Ltd and ERP Environment.

EC membership and the judicialization of British politics

Abstract: 1. Introduction 2. The First Two Attempts to Join the EEC 3. The Heath White Paper and the Vote on Entry 4. The Passage of the European Communities Bill 1972 5. The Irish Comparison 6. From Accession to 'Factortame' 7. From 'Factortame' to the Working Time Directive Case 8. The Bill of Rights Comparison 9. Conclusion Bibliography

Tobacco Industry Attempts to Subvert European Union Tobacco Advertising Legislation

Abstract: Beginning with the Europe Against Cancer Action Program in 1985, the European Economic Community (EEC), which was later renamed the European Community (EC) with its incorporation into the new European Union (EU) in 1992, began to seriously consider tobacco product regulation to fight tobacco-related illness on a pan-European scale. A key element of the EC’s policy was a directive intended initially to restrict, and later to end, tobacco advertising and sponsorship in the Community. The Directive was introduced by the European Commission in 1989, and was adopted nine years later, in 1998. In 2001, the directive was annulled following litigation brought by the Republic of Germany in the European Court of Justice (ECJ). Previously secret tobacco industry documents indicate that the tobacco industry lobbied politicians and used third party organizations in an organized attempt to weaken or defeat the Advertising Directive. The tobacco industry efforts involved figures at the highest levels of European politics, including former German Chancellor Helmut Kohl, former British Secretary of State Kenneth Clarke, and former European Commissioner Martin Bangemann. A large degree of the industry’s effort to influence EC policy focused on lobbying government officials and industrial groups within a number of key EC member states, including Germany, the UK, the Netherlands, and Denmark. The tobacco industry viewed Germany as a strong and consistent ally of the tobacco industry in its attempts to defeat the Advertising Directive within the EC and through litigation at the level of the European Court of Justice. The tobacco industry engaged in a number of practices to conceal its role, particularly the formulation and introduction of an industry-authored minimum harmonization proposal intended to replace the EC Draft Directive without disclosing the industry’s role in preparing the draft.. The documents suggest the involvement of Martin Bangemann and the German delegation to the European Commission in introducing the tobacco industry’s proposal without disclosing its source. The fight for an effective pan-European advertising ban continued with the EC Draft Directive on Advertising and Sponsorship proposed in Spring 2001. The new draft seeks to eliminate provisions that rendered the earlier Advertising Directive inconsistent with EC jurisdiction. A thorough knowledge of previous industry tactics and strategies can help advocates of strong EC public health legislation overcome obstacles that have so far hindered the implementation of an effective EC Tobacco Advertising Directive.

The European company statute: employee involvement—and beyond

Abstract: Employee representation in managerial decision-making in its broader sense has to distinguish between two basic forms. At the ’lower’ (or plant) level different forms exist across the European Union (ETUC 1998, EIRR 2001 a and b for details). Mostly we find works councils or workplace committees, in some cases also union delegates and/or shop stewards. At the ’upper’ (or company) level, Member States provisions on employees’ board-level involvement also differ to a considerable or even wider degree: There are so-called monistic as well as dualistic systems of corporate governance or, in another terminology, single-tier versus dual-tier systems of management structure and employee involvement on the board. In the latter variant, activities and performance of the management board are monitored and controlled by an additional organ, the supervisory board (Austria, Denmark, Germany, Greece, Netherlands, Portugal). This basic distinction is missing within the first form, the socalled board (or board of directors) system (Ireland, Luxembourg, Spain, Sweden, also Italy and the UK). Some countries (such as Finland and France) are characterised by a combination of both systems (Timmesfeld, 1994; Group of Experts, 1997; Schulten et al., 1998 for details). All in all, differences in existing national regulations at the ’upper’ level are even greater than at the ’lower’ level as far as scope, management and supervisory structure, coverage, degree and intensity of employee involvement are concerned—not to mention the enormous variety of national ’customs and practices’ that have developed over time and are definitely going to persist (Carley, 1998). At the supranational level, this great diversity of ’joint regulation’ is of particular interest. The Directive ’On the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees’ (94/95 EG) (hereafter

Pan-European Securities Markets: Policy Issues and Regulatory Responses

Abstract: This paper shows the complexity of some policy issues involved in the reform of European securities regulation and the difficulties encountered in formulating adequate regulatory responses. After reviewing the main criteria which support a claim for securities regulation harmonisation, I analyse the limits of the new institutional structure suggested by the Lamfalussy report. I then examine the European Commission's orientations as to the adoption of high level principles for regulated markets. I apply the results of my previous research in this area to criticise the Commission's proposals concerning transparency obligations and the treatment of ATS and internalisation of orders. I conclude that, on the whole, the proposed principles would not significantly improve the conditions for the growth of pan-European trading systems. I also examine the proposed prospectus directive, in the light of harmonisation of the disclosure standards. Prospectus reform should have a positive impact on the primary markets, by reducing transaction costs and regulatory obstacles to cross-border public offers of securities. However, it is not certain that such a reform will be sufficient to achieve far-reaching changes in current practices of domestic offers and "international style offerings." Moreover, the proposed directive would not substantially affect global offers, particularly those concerning securities issued by third countries companies. In addition to these observations, I conclude that in any case the draft directive should be amended as to the scope of the prospectus requirement and the preference for issuer domicile over issuer choice.