If six consecutive monthly retention checks are successfully completed without corrective action, the enclosure leak rate may be determined quarterly thereafter as long as no corrective action is required. The enclosure must be purged until a stable hydrogen concentration is reached. The mixing fan is turned on, if not already switched on.
The hydrogen analyser is zeroed, calibrated if required, and spanned. The enclosure must be latched to the nominal volume position. The ambient temperature control system is then turned on if not already on and adjusted for an initial temperature of K. These are the initial readings CH2i, Ti and Pi used in the enclosure calibration. The enclosure must be unlatched from the nominal volume.
A quantity of approximately g of hydrogen is injected into the enclosure. The contents of the chamber must be allowed to mix for five minutes and then the hydrogen concentration, temperature and barometric pressure are measured. These are the final readings CH2f, Tf and Pf for the calibration of the enclosure as well as the initial readings CH2i, Ti and Pi for the retention check. On the basis of the readings taken in paragraphs 2. The contents of the chamber must be allowed to mix for a minimum of 10 hours. At the completion of the period, the final hydrogen concentration, temperature and barometric pressure are measured and recorded.
These are the final readings CH2f, Tf and Pf for the hydrogen retention check. Using the formula in paragraph 2. This mass may not differ by more than 5 per cent from the hydrogen mass given by paragraph 2. Calculation The calculation of net hydrogen mass change within the enclosure is used to determine the chamber's hydrocarbon background and leak rate. Initial and final readings of hydrogen concentration, temperature and barometric pressure are used in the following formula to calculate the mass change.
Each of the normally used operating ranges is calibrated by the following procedure. Establish the calibration curve by at least five calibration points spaced as evenly as possible over the operating range. The nominal concentration of the calibration gas with the highest concentrations to be at least 80 per cent of the full scale. Calculate the calibration curve by the method of least squares. If the resulting polynomial degree is greater than 3, then the number of calibration points must be at least the number of the polynomial degree plus 2.
The calibration curve must not differ by more than 2 per cent from the nominal value of each calibration gas. Using the coefficients of the polynomial derived from paragraph 3. This is to be carried out for each analyser range calibrated. This table shall also contain other relevant data such as: Date of calibration Span and zero potentiometer readings where applicable Nominal scale Reference data of each calibration gas used The real and indicated value of each calibration gas used together with the percentage differences Calibration pressure of analyser 3.
In some cases there may be interaction of parameters. These effects must also be taken into consideration to ensure that only vehicles with similar hydrogen emission characteristics are included within the family. To this end, those vehicle types whose parameters described below are identical are considered to belong to the same hydrogen emissions. Crisis in the European automotive industry EU. Infolge der Wirtschaftskrise ist die Branche jetzt aber unter besonders starken Druck geraten. Ihre Exportleistung zeigt, dass sie die Produkte anbietet, die der kontinuierlich wachsende Weltmarkt verlangt.
Die besondere Situation der Automobilbranche Europa verdankt einen erheblichen Teil seines Wohlstands der Automobilindustrie. Nahezu jeder dritte auf der Welt hergestellte Pkw stammt aus Europa. Der Automobilbau ist mit vielen anderen Branchen eng verflochten. Die Automobilindustrie ist sehr international orientiert. Der innergemeinschaftliche Handel mit Kfz-Komponenten erreicht deshalb ein erhebliches Volumen. Manche Unternehmen bekommen keine Kredite mehr zu akzeptablen Bedingungen.
Die Automobilindustrie stand schon vor der Krise in einem scharfen Wettbewerb. Auch die Zulieferbranche hat sich erkennbar konsolidiert. Auf einem informellen Treffen vom Besonders wichtig ist dies im Automobilsektor, wo die private Nachfrage weitgehend kreditfinanziert wird.
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Der im Dezember angenommene und am Euro in Vorbereitung sind. Entsprechend den Vorarbeiten im Rahmen des 7. C 16 vom C 10 vom Translation - English The European automotive industry is one of Europe's flagship industries. It is a key driver of growth, exports, innovation and jobs. Its impact filters down across a wide variety of other sectors. And it has a particularly important cross border reach, with suppliers, manufacturers and sales and servicing downstream creating a web of mutual interest that touches every one of the EU's Member States.
The Commission believes that the EU needs a dynamic and competitive automotive sector. The economic crisis has put the automotive sector under particular pressure. Properly targeted support is needed to help the industry and its workforce through the downturn and to address structural problems by making the sector more competitive and more in tune with the needs of the future.
The European automotive industry has a strong future. Its export performance shows it can make the right products for a global market that will continue to grow. Its workforce has the skills to maintain its technological edge. And it is already working to produce the new generation of motor vehicles needed for the low carbon age.
This communication sets out how the EU can bring policy levers into play to support the automotive industry. It represents a European framework for action: Different Member States will use different mixes of action to address the needs of manufacturers, suppliers, retailers and their workers. All can be most effective working with the confidence provided by a common EU framework. The internal market has been a major cause of the vitality of the European automotive industry, the competitiveness of its manufacturing and the scale of its sales. It will be critical to the recovery phase. It is therefore essential that state aids and other measures are well directed, working to build the future strength of the industry rather than introducing short-term distortions that will damage long-term competitiveness.
That means cooperation and working upstream of national decisions to ensure they fit in well with the EU's overall ambitions. At the same time, the EU can offer a variety of other steps to build a platform to stabilise the industry and help it to recover. This includes measures to invest in strategic technologies. It includes steps to help workers whose jobs are at risk to retrain and find new work, as well as safeguarding and developing the key skills of some of the most valued technicians in Europe.
It includes a determined and concerted effort to combat any move towards protectionism in global markets. And of course, the industry will benefit directly from the core measures of the European Economic Recovery Plan to get credit moving again, as well as from specific measures like the European green cars initiative. This European framework for the automotive sector shows how the intelligent application of EU and national policies can not only offer a cushion for the automotive industry in a time of intense pressure, but a springboard for the future. The common goal is a dynamic, competitive and sustainable automotive sector in the EU for the coming decades.
The particular situation of the automotive sector The automotive industry is central to Europe's prosperity. The EU is the world's largest producer of motor vehicles, producing over 18 million vehicles a year and almost a third of the world's passenger cars. It is a huge employer of skilled workforce, directly employing over 2 million people but responsible for some 12 million jobs. In addition, the sector plays a central part in tackling many of the key economic, social and environmental challenges faced by Europe today, such as sustainable mobility and safety. Automotive manufacturing is closely linked with many other sectors.
Electronics, mechanical and electrical engineering, information technology, steel, chemicals, plastics, metals and rubber are all key suppliers. It also has a very significant cross-border dimension in Europe and globally. Within the EU, the production lines are split between 16 Member States, and every single Member State is involved in the supply chain for manufacturing and the downstream chain for sales.
Any downturn in the automotive sector therefore strongly affects other sectors and all EU Member States. The current economic crisis is being marked by a sudden downturn for manufacturing. EU industrial production slumped by 8. The difficult situation of the European automotive industry has three major reasons: First, there has been a sharp and uniform drop in demand for passenger and commercial vehicles both in the EU and worldwide.
Tight credit conditions, declining share and asset prices, and the uncertainty created by the global economic environment are translating into very low consumer confidence and declining purchasing power. New passenger car sales fell by 1. The producers of commercial vehicles were even harder hit with orders for heavy duty vehicles falling from The situation varies between individual Member States but the downturn has now reached every market in the EU, and all major producers on the European market are severely affected.
Second, parts of the automotive industry are reporting problems with access to credit financing and fears of liquidity shortages. Some companies are unable to get loans on reasonable terms, with credit ratings downgraded in light of market outlook. In addition, suppliers are expressing an additional concern about money not moving down the supply chain. The situation is particularly difficult for smaller lower-tier suppliers which are less capitalised and diversified than their larger counterparts.
Third, the industry suffers from longer-term structural problems pre-dating the crisis. Automotive companies already faced a very competitive business environment. High fixed costs, structural overcapacity and intensive price competition has meant that many automotive companies were already focusing on reducing costs and improving internal efficiency. There has also been significant consolidation in the supply sector.
Globally, vehicle production capacity is currently at ca. The situation is aggravated by the rising risk of protectionism , threatening reduced access to third country markets for European producers who have thrived on the export market. The first cases have come in the form of new import licensing requirements, e. Current forecasts for are not encouraging. This is likely to put further pressure on the whole automotive value chain particularly in terms of production volumes, capacity utilisation, employment and research investment. Falling production levels and subsequent cost-cutting by automotive firms has already led to reductions in employment.
Up to now it has mainly affected temporary workers. Negative employment effects could be magnified as a result of regional impacts because of the clustered and geographically concentrated nature of the automotive industry.
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Additional pressure comes from potential spill-over effect from restructuring of GM and Chrysler. For example GM has announced that out of However, the long term global outlook for the automotive industry is promising: The imperative of a "greener" car fleet will bring new opportunities for innovative technology. And since the current decline in demand in mature markets such as Europe and U. This makes it particularly important for the EU automotive industry to be able to weather the downturn and be ready to take advantage when demand returns.
A key priority for the future is to ensure that European industry is able to respond to the current crisis and emerge from it in a stronger position to compete globally once market conditions improve. This will be notably the case if the automotive industry will master the triple challenge of technological leadership with an environmental and safety performance that is world class. The Recovery Plan emphasises the importance not only of addressing the causes of the current problems of the automotive sector, but doing so in a way which will secure and further reinforce the longer-term competitiveness of the industry.
Such an approach will in turn make a major contribution to make industry fit for the low-carbon economy and thus to achieving Europe's ambitions in reducing CO2 emissions and improving energy security. Primary responsibility for dealing with the crisis lies with industry , individual companies and their managements.
Industry itself is called upon to address the structural problems of production efficiency and capacity utilisation in a way that improves its long-term competitiveness and sustainability. In addition, as part of the overall industrial policy approach, the EU and its Member States can contribute to creating framework conditions in which industry can thrive. They can also promote fair competition in open global markets. This public support should preferably be covered by horizontal policy instruments applicable to industry as a whole and should be met through a combination of European and Member State level action.
At an informal meeting with Ministers on 16 January, Member States shared these views and agreed to a number of key principles to guide their responses to the current situation, such as the need for open global markets, fair competition, respect of better regulation as well as cooperation and transparency. It will be important to ensure that measures taken at Member State level be coherent, efficient and co-ordinated.
As much of the importance of the European automotive industry is derived from its knock-on impact for the broader EU economy, it is particularly important to ensure the proper functioning of the internal market, and retain competitive neutrality and a level playing field, thus also ensuring solidarity between the Member States. In the European Economic Recovery Plan, the Commission has set out the key elements of the public support relevant for the automotive sector. Some of these measures are general, while others target specifically the automotive industry. The main objectives of the proposed approach are: While some progress has been achieved already, it is important to ensure that the objectives are fully met in an efficient and coherent way.
In the current economic climate, a clear orientation towards long-term competitiveness, based on innovation, safety and environmental performance, is even more important. The Commission therefore reconfirms its commitment to fully take into account the recommendations of the CARS 21 process see Annex 1 , fully respecting the principles of Better Regulation.
The Commission will ensure that a coherent and co-ordinated forward-looking approach to future road transport and sustainable mobility requirements is adopted through the follow-up to CARS Given the impact of the current crisis the Commission will weigh up the costs and benefits of any new legislative initiative and seek, as far as possible, to avoid creating new economic burdens.
Ensuring that the financial system starts operating properly remains the first priority in steering the economy towards recovery. This is particularly important in the automotive sector, characterised by capital intensity and credit financed private demand.. The car industry will have to finance research and innovation in particular to design new engines that meet the ambitious European legislation on the reduction of CO2 emissions, starting from The new vehicles will also have to comply with stricter thresholds for pollutant emissions and tougher safety requirements.
It is therefore imperative to assist companies to access finance. The issue of financing is not only relevant to the future of the European automotive industry, but to the economy as a whole. In this respect the Commission has already taken important initiatives, with the adoption of the Communication concerning the application of State aid rules for the banking sector[2] and the Communication on recapitalisation of financial institutions in the current financial crisis[3].
With specific regard to the automotive sector, it should be noted that the financial branches of car makers may also qualify for aid under the schemes adopted by the Commission for the banking sector. In addition, the Commission is conscious of potentially damaging liquidity problems, in particular in the supply sector and will, together with the European Investment Bank EIB and the Member States, seek ways to improve the flow of credit to SMEs, including automotive suppliers. From the State aid perspective, the new Temporary Framework for State aid measures adopted in December [4] slightly adapted on 25 February was designed to allow Member States to provide aid to companies facing problems of acess to liquidity.
Typical instruments authorized under this framework are subsidised loans, subsidised guarantees and subsidised loans for the production of "green" products including cars. In this context it needs to be stressed that aid granted on the basis of these frameworks fully respect internal market rules in order to avoid distortions and fragmentation. This framework only applies to companies whose difficulties do not pre-date the crisis. For companies whose difficulties are mainly due to structural problems rather than the current crisis, any State aid must be supported by a restructuring plan that ensures long term viability, in line with the objectives of promoting the competitiveness of this industry.
The wide range of "traditional" State aid instruments see list in Annex 2 available to Member States for supporting their industries can also be an important tool for promoting research and innovation, environmental development and restructuring, where this appears necessary, for the automotive industry, while maintaining a level playing field within the internal market. The Commission, together with the European Investment Bank and the Member States, will support industry in their efforts to maintain investments into future technologies particularly green technologies such as fuel efficiency and alternative propulsion throughout the economic downturn.
This will be done primarily through the European Investment Bank as well as through the 7 th Research Framework Programme. Loans granted to automotive industries can also draw on horizontal programmes, in particular those targeting SME's, convergence or safety. The Commission and the EIB will continue working together closely to ensure that the financing provided is as effective as possible. The possibility to further front load the lending planned for and is being kept under permanent review. Procedures for granting support have been streamlined allowing the shortest possible processing for decisions following a request for support while maintaining strict appraisal procedures to ensure the viability of investments in the long term.
In line with preparatory work done under the 7th Research Framework Programme and the relevant European Technology Platforms, the main focus of this partnership will be on the development of "green" vehicles including passenger cars, buses, urban vehicles and trucks, but also addressing related issues such as infrastructure and logistics.
Finally, the Commsssion is working on establishing the necessary standardisation required to ensure that future technological solutions are provided with legal certainty and can be applied throughout the internal market. As nine Member States have already established vehicle recycling and recovery schemes "scrapping schemes" and more are considering doing so, the Commission invited Member States experts for the first time on 16 February in order to ensure transparency of all initiatives and provide for an exchange of best practices.
The Commission has discussed with the Member States common principles which shall allow smooth adoption of such scrapping schemes see Annex 3. The Commission invites Member States to make full use of public procurement to boost demand for cleaner and more fuel efficient vehicles in the short term, assessing the possibility to advance investment into infrastructure and into the renewal of the public transport fleet including heavy duty vehicles.
Member States will have to face substantial challenges and several regions may be hit very hard. In line with this, the European social partners and industry organisations of the sector have launched in October a " European Partnership for the anticipation of change in the automotive sector".
A comprehensive two-year work programme is being carried on to anticipate and mitigate the social impact of restructuring. Various EU funds and policy instruments can be mobilised to support the social cost of adjustment and to ensure that necessary skill levels required for the future competitiveness of industry are retained in the industry. This should be done in ways which support moves over time to new forms of production and should not preclude necessary restructuring. Such measures apply to all sectors; they are particularly relevant for the automotive sector with its supply chain as it will have to tackle significant overcapacities.
The Commission has also proposed an increase of advance payments from the European Social Fund ESF , and simplification of the criteria. This can be used to support to implementing measures to retain jobs and combat unemployment in the automotive industry, such as: There are already successful examples of how the ESF has supported restructuring in the automotive industry in the past, which can be drawn on for inspiration.
The EGF has already intervened in four automotive sector cases with a fifth in the pipeline. This will allow the Fund to intervene more swiftly and, for a limited period of time, will allow interventions to be justified by the current economic crisis, irrespective of any link to globalisation. Fair competition in open markets can help to fight the current crisis, whereas any protectionist measures threaten to deepen it.
The EU is committed to avoid any new trade restrictions being created towards third countries. It expects the same attitude from its trading partners and will not tolerate a revival of protectionism. The Commission will follow closely international developments and encourage international dialogue , in particular with its main trade partners including the US, Japan, Korea and China. Together with them it will work to keep world markets open and to ensure fair competition. It will keep progress under constant review. The Commission suggests that the CARS 21 process should be strengthened, with a round table with Member States, automotive industry producers and suppliers and trade unions.
Its main aims should be to provide a platform of mutual information, dialogue and best practices. It should support the efforts of the sector to restructure so that it can compete in world markets with a strong focus on retaining skills in the industry, retraining workers for future tasks and for new jobs in this and other sectors.
The round table should also monitor the development in the following areas: Inventory of State aid instruments Annex 3: Glossary - Subject Names. AVT Aufbau- und Verbindungstechn. Bautenschutz Bautenschutztechnik Bekleidungstechnik Berechn. Betriebliche Kostenrechnung Betriebsfestigkeit Betriebskostenr. Betriebsorganisation Betriebsplanung und Org. Betriebspsychologie Betriebspsychologie 1 Betriebspsychologie 2 Betriebssoziologie Betriebssysteme Betriebssysteme 1 Betriebssysteme 2 Betriebsw. Arbeitsvorb Bilanz und Steuern Bildverarb. Aktoren und Sensoren El. Maschinen und Anlagen Elektr.
Elektronik 1 Energiemaschinen Energiesysteme Energietechnik und techn. Englisch English for Mechanical Engin. Bauteile Fertigung und Werkzeugmasch. Fertigung warmfester Bauteile Fertigungs- und Automat. Mechanik 2 Konstruieren mit Kunststoffen Konstrukt. Signalverarbeitung Labor Digitale Signalverarb. Aktoren und Sensoren Labor Elektr. Elektrotechnik 1 Labor Grundl. Elektrotechnik 2 Labor Grundl. Realit Labor Nachrichtentechnik Labor Objektorient. Optoelektronik Optoelektronik 1 Optoelektronik 2 Organ. Physik Physik 1 Physik 1,2 Physik 2 Physik der elektr.
Sensoren Physik der elektr. Operations Research Planung u. Rechnertechnik Rechnertechnik 1 Rechnertechnik 2 Recht Recht in d. Seminar Business and Engineer. Thermische Energietechnik Thermische Masch. Stg WPF Anwendungsfach and. St WPF Fremdsprache and. WPF Gruppe A aus and. WPF Gruppe B aus and.
Hydraulics and Pneumatics Lab: Strength of Materials Lab: Actuators and Sensors Lab: CAD of Microelectronics Lab: Digital Measuring and Testing Lab: Digital Control Systems Lab: Digital Signal Processing Lab: Digital Circuits 1 Lab: Digital Circuits 2 Lab: Electrical Actuators and Sensors Lab: Electric Control Systems Lab: Electrical Measurement of Mechanical Values Lab: Electrical Measurement Techniques Lab: Electrical Measurement Techniques 1 Lab: Electrical Measurement Techniques 2 Lab: Electrical Measurement Techniques 3 Lab: Electronic Construction Elements Lab: Electronics and Digital Circuits Lab: Electrical Engineering 1 Lab: Electrical Engineering 2 Lab: Dynamics of Moving Vehicles Lab: Production Measurement Techniques Lab: Manufacturing Technology 1 Lab: Manufacturing Technology 2 Lab: Joining and Welding Technology Lab: Gas and Water Technology Lab: Graphical User Interfaces Lab: Introduction to Electrical Engineering Lab: Introduction to Electrical Engineering 1 Lab: Introduction to Electrical Engineering 2 Lab: Introduction to Communications Engineering Lab: Fundamentals of Packaging Lab: Semiconductor Circuits 1 Lab: Semiconductor Circuits 2 Lab: High Frequency Technology Lab: Data Compression and Cryptology Lab: Instrumental Analysis and Environmental Analysis Lab: Car Body Measurement and Testing Lab: Data Communications Systems 1 Lab: Communications Technology 2 Lab: Power and Work Machines Lab: Motor Vehicles 2 Lab: Ventilation and Air Conditioning Lab: Machine Measurement Techniques Lab: Measuring and Testing Lab: Instrumentation and Measurement Techniques Lab: Instrumentation and Measurement Techniques 1 Lab: Instrumentation and Measurement Techniques 2 Lab: Measurement Techniques in Manufacturing Lab: Methods of Artificial Intelligence Lab: Methods of Signal Processing Lab: Fundamentals of Microprocessors Lab: Multimedia and Virtual Reality Lab: Object Oriented Modelling Lab: Applications Technology Coatings Lab: Building and Corrosion Protection Lab: Materials Testing Plastics Lab: Problems in Packaging Lab: Product Design Colors Lab: Production and Operations Management Lab: Programming Languages 3 Lab: Realtime Data Processing 1 Lab: Realtime Data Processing 2 Lab: Realtime Data Processing Lab: Processes in Packaging Lab: Quality and Costing Lab: Quality and Cost Management Lab: Computer-Aided Measurement Techniques Lab: Computer Architecture 1 Lab: Computer Architecture 2 Lab: Law for Chemists Lab: Control Systems Closed Loop Lab: Control Systems Closed Loop 1 "Lab: Control Systems Closed Loop 1,2" Lab: Control Systems Closed Loop 2 Lab: Signals and Systems Lab: Signals and Systems 1 Lab: Signals and Systems 2 Lab: Languages and Automata Lab: Control Systems 1 Lab: System Dynamics 1 Lab: System Dynamics 2 Lab: Systems Programming and Operating Systems 2 Lab: Systems Programming and Operating Systems 1 Lab: Applied Optics 2 Lab: Technology of Microelectronics Lab: Telecommunication Systems and Computer Networks Lab: Pressing and Forming 1 Lab: Pressing and Forming Technology Lab: Combustion Engines 1,2" Lab: Thermodynamics and Heating Systems Lab: Water and Gas Chemistry Lab: Water and Gas Technology Lab: Materials Science and Materials Chemistry 1 Lab: Materials Science and Chemistry of Materials 1 Lab: Materials Science and Materials Chemistry 2 Lab: Materials Science and Chemistry of Materials 2 Lab: Materials Testing 1 Lab: Materials Testing 2 Lab: Materials Testing 3 Lab: Materials Science 1 Lab: Materials Science 2 Lab: Machine Tools and Control Systems Lab: Coatings Application Technology Lab: Buildings and Corrosion Lab: Process Technology Coatings Lab: Control Systems Closed Loop with Lab: Materials Science Metals Lab: Translation - English not mandatory waste settlement fiscal charge, tax, levy, duty tax code delegate redress descendant, scion redemption delegation selling co-operative-society brit.
Glossary - Project Management. Translation in criminal proceedings General field: Source text - German 1. Eine Einigung auf gemeinsame Mindestnormen bei diesen Verfahrensrechten erleichtert die Anwendung des Grundsatzes der gegenseitigen Anerkennung. Mai gebilligt wurde. Folgende Optionen standen zur Debatte: Jede Person hat das Recht auf Freiheit und Sicherheit.
Jede angeklagte Person hat mindestens folgende Rechte: Artikel 1 - Geltungsbereich Artikel 2 — Recht auf Verdolmetschung Artikel 6 - Regressionsverbot Durch diesen Artikel soll sichergestellt werden, dass durch die Festlegung gemeinsamer Mindestanforderungen im Einklang mit diesem Rahmenbeschluss bestimmte Mitgliedstaaten nicht zur Absenkung ihrer Standards gezwungen werden und dass die Standards der EMRK beibehalten werden.
Artikel 7 — Umsetzung Dieser Artikel verpflichtet die Mitgliedstaaten, den Rahmenbeschluss bis zum xx. Artikel 8 - Berichterstattung Artikel 9 - Inkrafttreten Oktober den Grundsatz der gegenseitigen Anerkennung zum Eckstein der justiziellen Zusammenarbeit innerhalb der Union sowohl in Zivil- als auch in Strafsachen.
Die Bestimmungen dieses Rahmenbeschluss erleichtern die praktische Anwendung dieses Rechts. Sie sollten eine etwaige Benachteiligung erkennen und entsprechende Schritte einleiten, um die Rechte der betreffenden Person zu wahren. Artikel 1 Geltungsbereich 1. Artikel 2 Recht auf Verdolmetschung 1. C 12 vom November , Serie A Nr..
Er kommt zum Ergebnis, dass das in Art. Dezember , Serie A Nr. No such evidence appears from the documents in the file or the statements of the witnesses heard on 23 April Die Aktenlage und die am September — Nr. The right […]to the free assistance of an interpreter applies not only to oral statements made at the trial hearing but also to documentary material and the pre-trial proceedings.
Paragraph 3 e art. The interpretation assistance provided should be such as to enable the defendant to have knowledge of the case against him and to defend himself, notably by being able to put before the court his version of the events. In view of the need for the right guaranteed by paragraph 3 e art. Artikel 6 Absatz 3 lit.
Damit das in Artikel 6 Absatz 3 lit. Translation - English 1. This proposal for a Council Framework Decision aims to set common minimum standards as regards the right to interpretation and translation in criminal proceedings throughout the European Union. The proposal is envisaged as a first step in a series of measures designed to replace the Commission's proposal for a Council Framework Decision on certain procedural rights in criminal proceedings throughout the European Union - COM , Agreement could not be reached on that proposal, despite 3 years' discussions in the Council Working Group, and it was effectively abandoned in June , after a fruitless discussion in the Justice Council.
Adopting a step-by-step approach is now seen as a generally acceptable way to proceed; it will also gradually help build confidence and contribute to enhancing mutual trust. This proposal should therefore be considered as part of a comprehensive package of legislation which will seek to provide a minimum set of procedural rights in criminal proceedings in the European Union.
Rights covered in the proposal were, besides the right to free interpretation and translation, the right to legal advice, the right to information about rights Letter of Rights , the right to specific attention for vulnerable defendants, the right to communicate with consular authorities and the right to communicate with the family. For this proposal, the Commission has decided to concentrate on the right to interpretation and translation as it was the least controversial right in the discussions of the proposal and there was information and research available on this right.
This proposal seeks to improve the rights of suspects who do not understand and speak the language of the proceedings. Having common minimum standards in relation to these rights should facilitate the application of the principle of mutual recognition. As regards the legal basis, the proposal is based on Article 31 1 of the Treaty on European Union. Article 31 1 c envisages that the EU may develop "common action" so as to ensure compatibility in rules where necessary to improve cooperation.
For judicial cooperation, in particular mutual recognition, it is necessary to have mutual trust. A certain degree of compatibility is necessary to improve mutual trust and hence, co-operation. The right to interpretation and translation, which stems from the European Convention on Human Rights ECHR , is fundamental for a person facing a criminal charge who does not understand the language of the proceedings so that the suspect knows the charges against him and understands the procedure. The suspect must be in a position to understand of what he is accused.
Translations should be provided of essential procedural documents. In accordance with the ECHR, interpretation and translation must be provided free of charge. The Board's recommendations and how these were accommodated can be found at paragraph 25 of the Impact Assessment http: The options set out were as follows: The current situation whereby Member States are expected to comply with their ECHR obligations could be expected to continue as now with the perceived imbalance between prosecution and the accused which has hitherto hampered mutual recognition.
This would have negligible economic consequences. This option would lead to better awareness of ECHR standards by disseminating and recommending practices which help compliance. It would not achieve further approximation of legal standards. The economic impact would be twofold, first the cost of putting services in place to ensure rights are respected, and second, the gain in reduced costs of appeals. It would need careful consideration so that any potential issue of discrimination between categories of suspects involved in cross-border versus domestic proceedings is addressed appropriately.
As with the previous option, the economic impact would be twofold, first the cost of putting services in place to ensure rights are respected, and second, the gain in reduced costs of appeals, but to a lesser extent than above since it is less ambitious in scope. The Impact Assessment identified the combination of options b and e as the preferred approach maximising synergies between legislative and non-legislative action. Therefore this Framework Decision should be followed up by a document on best practice.
The Presidency Conclusions of the Tampere European Council[1] stated that mutual recognition should become the cornerstone of judicial cooperation, but makes the point that mutual recognition " These parameters include mechanisms for safeguarding the rights of suspects parameter 3 and the definition of common minimum standards necessary to facilitate application of the principle of mutual recognition parameter 4. This proposal for a Framework Decision represents an embodiment of the stated aim of enhancing the protection of individual rights.
No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: The European Court of Human Rights ECtHR has held on Article 6 ECHR that the accused has the right to interpretation free of charge, even in the event of his conviction, that he has a right to receive the documents setting out the charge in a language that he understands, that the interpretation must be sufficient to allow the person charged to understand the proceedings and that the interpreter must be competent.
Austria[6] , it was established that the interpretation provided should be of a high enough standard to enable the defendant to have knowledge of the case against him and to defend himself. The right applies to documentary material and the pre-trial proceedings. The ECtHR held that the standard of interpretation must be "adequate" and that details of the charge must be given to the person in a language that he understands Brozicek v.
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It is for the judicial authorities to prove that the defendant speaks the language of the court adequately and not for the defendant to prove he does not[8]. The interpreter must be competent and the judge must safeguard the fairness of the proceedings Cuscani v.
The Reflection Forum on Multilingualism and Interpreter Training[10] produced a report with recommendations on the quality of interpretation and translation. This Report was the fruit of meetings of the Reflection Forum convened by the Commission's Directorate-General for Interpretation during to identify whether there is a need for action and if so, what action could be taken.
The Forum concluded that there was a need and set out Recommendations as to how to improve the provision of competent and qualified interpreters in criminal proceedings. The Recommendations included having a Curriculum in Legal Interpreting and a system of accreditation, certification and registration for legal interpreters. Article 1 - Scope of application The scope covers all persons suspected in respect of a criminal offence until final conviction including any appeal.
Here, the term "suspect" is used to cover such persons. This is intended as an autonomous term, irrespective of the designation of such persons in national proceedings. Since the case-law of the ECtHR has clarified that persons being questioned in relation to offences, whether or not formally charged, should be covered by Article 6 ECHR, persons arrested or detained in connection with a criminal charge also come within the ambit of this provision.
These rights start to apply from the time when the person is informed that he is suspected of having committed an offence e. The Article clarifies that the proposal also applies to European Arrest Warrant cases. It is an important point that European Arrest Warrant cases are covered since the Framework Decision concerning the European Arrest Warrant only addresses these rights in general terms.
Article 2 - The right to interpretation This Article lays down the basic principle that interpretation should be provided during the investigative and judicial phases of the proceedings, i. The right is also extended to legal advice given to the suspect if his lawyer speaks a language that he does not understand. Article 3 - The right to translation of essential documents The suspect has the right to translation of essential documents in order to safeguard the fairness of the proceedings. Austria[11] , the ECtHR stated that the right to interpretation applied to "documentary material" and that the accused should have sufficient knowledge of the case against him to enable him to defend himself[12].
The essential documents for the criminal proceedings should therefore include the charge sheet or indictment and any relevant documentary material such as key witness statements needed in order to understand "in detail, the nature and cause of the accusation against him" in accordance with Article 6 3 a of the ECHR.
Translation should also be provided of any detention order or order depriving the person of his liberty and the judgment, which is necessary for the person to exercise his right of appeal ECHR Protocol 7, Article 2. In respect of proceedings for the execution of a European Arrest Warrant, the European Arrest Warrant should be translated. Article 4 - Member States to meet the costs of interpretation and translation This Article provides that the costs of interpretation and translation are to be met by the Member State.
Article 5 - Quality of the interpretation and translation This Article sets out the basic requirement to safeguard the quality of interpretation and translation. Recommendations in this respect can be found in the Report of the Reflection Forum on Multilingualism and Interpreter Training[14]. Article 6 - Non-regression clause The purpose of this Article is to ensure that setting common minimum standards in accordance with this Framework Decision does not have the effect of lowering standards in certain Member States and that the standards set in the ECHR are maintained.
Member States remain entirely at liberty to set standards higher than those agreed in this Framework Decision. Article 7 — Implementation Article 8 — Report XX months after implementation, the Commission must submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures in order to comply with this Framework Decision, accompanied, if necessary, by legislative proposals. Article 9 - Entry into force This Article provides that the Framework Decision will enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
The objective of the proposal cannot be sufficiently achieved by Member States alone, since the aim of the proposal is to promote trust between them and it is therefore important to agree on a common minimum standard that applies throughout the whole of the European Union. The proposal will approximate Member States' substantive procedural rules in respect of interpretation and translation in criminal proceedings in order to build mutual trust. The proposal therefore complies with the subsidiarity principle. The proposal complies with the proportionality principle in that it does not go beyond the minimum required in order to achieve the stated objective at European level and what is necessary for that purpose.
According to the conclusions of the European Council in Tampere of 15 and 16 October , and in particular point 33 thereof, the principle of mutual recognition should become the cornerstone of judicial cooperation in both civil and criminal matters within the European Union. The introduction to the programme of measures states that mutual recognition is "designed to strengthen cooperation between Member States but also to enhance the protection of individual rights".
The extent of the mutual recognition exercise is very much dependent on a number of parameters, which include "mechanisms for safeguarding the rights of […] suspects"[16] and common minimum standards necessary to facilitate the application of the principle of mutual recognition. Common minimum standards should lead to increased confidence in the criminal justice systems of all Member States which in turn should lead to more efficient judicial cooperation in a climate of mutual trust. In order to enhance the necessary confidence among Member States, this Framework Decision provides for basic common standards with regard to interpretation and translation in criminal proceedings in the European Union which reflect the traditions of the Member States in applying the relevant provisions of the ECHR.
The provisions of this Framework Decision facilitate the application of those rights in practice. This assistance should be extended, if necessary, to relations between the suspect and his defence counsel. The prosecution, law enforcement and judicial authorities should therefore ensure that suspects in a potentially weak position are able to exercise effectively their rights.
Those authorities should be aware of any potential vulnerability and take appropriate steps to ensure these rights. This should always be the case where a suspect is a minor or suffers from disabilities which impair his active participation in proceedings. In particular, this Framework Decision seeks to promote the right to liberty, the right to a fair trial and the rights of the defence.
Article 1 Scope 1. This Framework Decision lays down rules concerning the rights to interpretation and translation in criminal proceedings and proceedings for the execution of a European Arrest Warrant. Article 2 The right to interpretation 1. Member States shall ensure that a suspect who does not understand and speak the language of the criminal proceedings concerned is provided with interpretation, in order to safeguard the fairness of the criminal proceedings.
Interpretation shall be provided during those proceedings before investigative and judicial authorities, including during police questioning, during all necessary meetings between the suspect and his lawyer, during all court hearings and during any necessary interim hearings. Member States shall ensure that, where necessary, legal advice received throughout the criminal proceedings is interpreted for the suspect. Member States shall ensure that a procedure is in place to ascertain whether the suspect understands and speaks the language of the criminal proceedings.
Member States shall ensure that there is a right of appeal against a decision finding that there is no need for interpretation. The right to interpretation includes assistance of persons with hearing or speech impediments. With regard to proceedings for the execution of a European Arrest Warrant, Member States shall ensure that any person subject to such proceedings who does not understand and speak the language of the proceedings shall be provided with interpretation during those proceedings.
Article 3 The right to translation of essential documents 1. Member States shall ensure that a suspect who does not understand the language of the criminal proceedings concerned is provided with translations of all essential documents in order to safeguard the fairness of the criminal proceedings.
Member States shall ensure that there is a right of appeal against a decision to refuse translation of any documents referred to in paragraph 2. With regard to proceedings for the execution of a European Arrest Warrant, Member States shall ensure that any person subject to such proceedings who does not understand the language in which the European Arrest Warrant is drawn up, shall be provided with a translation of the said document. Article 4 Member States to meet the costs of interpretation and translation Member States shall cover the costs of interpretation and translation resulting from the application of Articles 2 and 3.
Article 5 Quality of the interpretation and translation 1. Interpretation and translation shall be provided in such a way as to ensure that the suspect is fully able to exercise his rights. Article 6 Non-regression clause Nothing in this Framework Decision shall be construed as limiting or derogating from any of the rights and procedural safeguards that may be ensured under the European Convention for the Protection of Human Rights and Fundamental Freedoms or the laws of any Member States which provide a higher level of protection.
Article 7 Implementation Member States shall take the necessary measures to comply with the provisions of this Framework Decision by …….. By the same date Member States shall transmit to the Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. Article 8 Report The Commission shall, by ………. Article 9 Entry into force This Framework Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
The Court concludes that the right protected by Article 6 para. Emission of gaseous and particulate pollutants from compression ignition engines General field: L 36 vom 9. L 44 vom L vom L 77 vom Der Vorschlag folgt deshalb einem Konzept, bei dem zwei Rechtsakte auf verschiedenen Ebenen, aber gleichzeitig erlassen werden: L 42 vom Die beiden ersten Stufen der Emissionsgrenzwerte, allgemein als "Euro 3" und "Euro 4" bezeichnet, gelten ab Oktober bzw.
Die derzeitige Produktion liegt bei 25 Fahrzeugen pro Jahr. Ob die meisten Motorenhersteller ihre Technik an Euro 4 ausrichten werden, ist noch offen, und die Frage des Schwefelgehalts im Dieselkraftstoff spielt dabei eine wesentliche Rolle. Je nach Fahrzeugklasse ist folgende Einsatzdauer vorgesehen: Oktober in Kraft. Solche Fahrzeuge sammeln Kilometer sehr viel langsamer. Eine Dauerhaltbarkeit sanforderung von sieben Jahren scheint dagegen in diesem Fall durchaus angemessen.
Fahrzeuge mit geringer Kilometerleistung sollten daher unter das Kriterium " km oder sieben Jahre, je nach dem, was zuerst eintritt" fallen. Es ist wichtig, dass beide Richtlinien zum selben Zeitpunkt in den Mitgliedstaaten umgesetzt werden. Daher gelten die OBD-Anforderungen ab 1. Der technische Vorschlag wird die Anforderungen dieses politischen Vorschlags umsetzen, indem er Folgendes festlegt: Diese neue Rahmenrichtlinie wird derzeit von den Kommissions dienststellen erarbeitet vgl.
Der Nachweis der Dauerhaltbarkeit durch den Hersteller wird wie folgt geregelt: Diese Einfahrzeit kann auf Verlangen des Herstellers bis zu Stunden betragen. L 76 vom 6. Es gibt jedoch einige Probleme. Emissions-related diagnostics services", Dezember B in ihrem Schwefelgehalt. Oktober geltenden sehr niedrigen Grenzwerte reicht die Genauigkeit und Reproduzierbarkeit der bisherigen gravimetrischen Verfahren nicht aus. C vom The Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions having the title "updating and simplifying the Community acquis" [4] identifies, as a priority area for simplification of Community legislation, the type-approval system for motor vehicles.
Split-level approach Traditionally, proposals for Directives in the field of motor vehicle construction and type-approval, in accordance with Article of the Treaty, laid down not only the fundamental provisions, but also specified the technical specifications applicable to motor vehicles in a great deal of detail. As a result the European Parliament and the Council had to study more voluminous and technically more complex pieces of draft legislation than if the technical details had otherwise been omitted.
This proposal is structured in a different way compared to existing Directives covering the type-approval of motor vehicles. It constitutes an effort to improve the efficiency of the decision-making process and simplify the proposed legislation, so that the European Parliament and the Council can focus more on the political direction and content whilst leaving the Commission with the task of adopting the appropriate requirements that would implement such political direction and content.
What, afterhoe het niet moet', in: For a specific private international law perspective, see the recent consultative reports of J o u s t r a C. The content of the European legislation in the field of private international law, such as the recent draft regulations based on Article 65 EC, may be integrated in this approach by way of illustration. The rather too recondite legal problems, such as the case law concerning the interpretation of Article 5 of the Brussels Convention or the question whether the Directive on unfair terms in consumer contracts has been properly transposed into national law, must on the contrary - however important - be left to one side.
The descriptions of European law, on the one hand, and private international law, on the other, may be considered to be common knowledge. In order to be able to place the new designation European private international law in its proper context, it is first necessary to examine the more general term European private law. On the face of it, everyone seems to have their own description of the term and it is used in quite a variety of meanings.
Viewed more closely, however, in our opinion it is possible by and large to distinguish two main definitions. Two approaches may therefore be distinguished. Depending on the definition used, the object of research, education or professional activity can be entirely different. It is our contention that the problem of definition is too often overlooked or that a selfdevised working definition is too often used as a matter of course. This will explain the elaborate attention devoted to the matter here, which is not intended, however, to impose any normative choice in favour of one or the other approach.
ECR ; see also L e ib le S. Juristenzeitung JZ , pp. The first element is of a more formal nature. It elucidates that what needs to be involved are rules emanating from the European Community or the European Union. The second element 'between private individuals' aims to further restrict the area of focus to only a handful of EC policy areas, namely those which have special relevance for 'horizontal' relations, i. A very important specification in this context is to be obtained by distinguishing between European in the sense of: In our system and terminology, these two together form 'the' European private law in the Community sense of the word.
This first component of the multi-faceted term European private law, i. Viewed from the perspective of the EC Treaty, it is 19 After the communitarization brought about by the Treaty of Amsterdam it is likely that EC law will be involved in most instances. The extra-Community law of the EU was mainly relevant at the time when 'judicial co-operation in civil matters' was still covered by the third pillar see ex-Article K..
One could think of EC rules on consumer protection, the many EC Directives concerning the harmonisation of corporate law and also, for instance, European labour law, including the Directives concerning equal treatment between men and women. Could EC law concerning the free movement of workers, which applies horizontally and may be invoked between private individuals,23 be included as an object of study of substantive European private law, and what would be the position of the Culture Regulation and Directive, or the TV Directive?
A certain freedom of choice, of course, applies to self-formulated working definitions, making it possible to draw the subjective boundaries of EC substantive private law. The European Commission, for example, lists, if not exhaustively, some ten categories of decisions 'relevant' for private law, especially the law of obligations: ECR ; see also V o ssest ijn A. Ars Aequi , pp. On these cases, see, e. When examining the term European private law either private international, but especially substantive private law in the Community sense of the word, whether in the strict or narrow sense, one should in any event take account of the general doctrines o f European Community law, and in particular link these general doctrines with one's own private law field of expertise.
This could entail making the meaning of the doctrine of the direct effect of European law more explicit for the national private law system of a certain Member State. More particularly, this involves the problem whether EC Directives can be invoked in private relations,26 or the importance of the duty of the national judiciary to interpret national law in the field of private law 'as far as possible' in conformity with EC law and Directives. Europarecht EuR , pp. Central Food [], in: The ius commune Description of the Concept of European Private Law On the other hand, there is the idea that the term European private law must be regarded as the sum total of various common elements found in the national private law systems of the different EU Member States.
The comparison of these national private law systems, i. In many cases this type of research has resulted in the establishment of a European 'common core' in the areas under examination. Private international law as allocation law presupposes the continuing existence of differences between the legal systems concerned. H, 'Nieuwe methoden van privaatrechtelijke rechtsvinding en rechtsvorming in een Verenigd Europa', Koninklijke Nederiandse Akademie van Wetenschappen, , Part 64, No.
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See also section 3. In fact, Community private international law even preserves the differences between the national laws of the Member States. In that sense, a close connection does exist between European private law in its ius commune meaning which is by definition substantive private law and the Community definition of substantive European private law discussed earlier.
The examination of national private law systems, however, still comes first, although the EC legislation subsequently resulting from spontaneous, and therefore voluntary, harmonization of parts of the Member States' private law by the EC institutions, can be included in the ius commune approach.
Practitioners of the ius commune approach regularly seem to want to add a normative dimension to this in the sense that the spontaneous harmonization of private law rules, which is freely entered into by all Member States, should be strongly preferred to private law Directives and Regulations imposed 'from above' by the central EU authorities.
Community Powers in the Field of European Private Law A distinction can be made between the EC's competence to regulate certain intra- Community relations in the field of private law and its treaty-making powers in the field of private law involving third parties. Since the entry into force of the Treaty of Amsterdam 1 May , Article 65 EC has been the focal point for internal competence, at least insofar as 34 A proponent of this 'natural process of the reception of legal rules' is S m its J.
Government Gazette of 27 September In addition, there are quite a few other Treaty Articles conferring competence which could be relevant to European private law, such as the provision concerning the internal market in particular. These, however, mainly deal with EC powers for the further development of substantive private law section 3. When it comes to the external dimension, the two aspects of what is known as the ERTA doctrine come into play. This raises the question whether the EC is competent to conclude treaties with third countries or international organizations on matters of private law.
And, if so, is such external competence exclusive or not? In that case, the EU Member States would no longer be allowed to conclude private law treaties with third parties, thus implying, for instance, that they could no longer be or become parties to the Hague Conventions on private international law section 3. Although the decisions concerned usually refer to Article 61 c EC as their legal basis, this provision in turn refers to Article 65 EC 'measures in the field of judicial co-operation in civil matters as provided for in Article 65'.
Therefore, it is 36 See in more detail D r a p p a t z T. As appears from the text of this provision, measures to be based on Article 65 EC need to fulfil several general requirements: From the structure of this provision it can be inferred that the more concrete topics that follow listed under points a, b and c in any case meet these three general limiting conditions. The three general criteria are particularly relevant for private law topics not expressly mentioned in the enumeration of points a, b and c in Article 65 EC.
The enumeration is therefore probably intended to be enunciative 'shall include' , meaning that Article 65 EC can also serve as the basis for other decisions, provided they, given their purpose and content, fulfil the three general criteria mentioned above: Many of these Article 65 decisions deal with the mutual recognition of judgments the 'free movement of civil judgments' under the Brussels I and II Regulations 38 or with co-operation between the civil authorities of the Member States.
Not such a tough relationship', in: Actors in Search of a Third Generation Script' in: Essays in Honour o f Henry G. Scher mers, Dordrecht , p. This includes the 'transformation' of the Rome Convention on the law applicable to contractual obligations into an Article 65 Regulation and the drawing up of new Regulations for the law applicable to non-contractual obligations,40 to dissolutions of marriage, and to matrimonial property and inheritance law. In the Brussels practice, three priorities as regards policy are distilled from the new competence conferred by Article 65 EC.
Among other things, part of this is the simplification of legal assistance in civil cases or the increased involvement of victims of violent crimes in civil cases. The Insolvency Regulation also fits in this category, as it essentially involves the mutual recognition of insolvency judgments delivered in different Member States. This includes the organization of improved co-operation between national courts in the taking of evidence in civil matters and the establishment of official European networks for judicial co-operation in civil matters.
Yearbook On Private International Law, Vol. IV | ISDC
Other Powers In addition to the for Community private international law core Article 65, a great many other legal bases from the EC Treaty may be relevant for further regulation of matters in the field of private law. See also the introduction to this article. The internal market provision has great significance for substantive European private law, as this provision may be used to underpin the freedoms of movement, especially the ones concerning goods and services, or to eliminate 'appreciable distortions' of competition.
The draft Directive under discussion according to these authors 'touched upon the heart of private law', although the final version was eventually toned down considerably by the Council. The latter Directive is also considered by some to belong to the category of consumer law Directives. On this in general see, e. Consumer Policy in or beyond the Internal Market? As regards the legal basis of Community private international law, it is particularly relevant that former Article EEC, which formed the legal basis for the Brussels Convention, continues to exist after the entry into force of the Treaty of Amsterdam, these days in the shape of Article of the EC Treaty.
The question is, however, why this provision was not repealed after the insertion of Article 65 EC see the next section for further elaboration. As for the legal basis of a possible 'European Civil Code', it suffices to say that the question whether enough Community competence is available depends greatly on what is to be regulated by such a Code. It seems inevitable, however, that Article EC should be used if this European Civil Code is to truly amount to something 'impressive'. But possibly even this legal basis for 'unforeseen cases' will not be good enough and then the EC Treaty itself would have to be amended to create sufficient Community powers.
According to some, however, Article ex A 2 EC does not permit harmonizing measures. On the current state of affairs, see S c h w in t o w s k i H. Demarcation o f Internal Powers The fact that competence can be based on different co-existing provisions gives rise to the question of the choice of the most appropriate legal basis for EC decisions in the realm of private law.
One should keep in mind that the procedure of Article 65 EC consultation and unanimity differs from that concerning the internal market or transport co-decision , as well as from the procedure of Article EC ratification required since the Member States have to negotiate with each other. Without being able to discuss this demarcation problem exhaustively, some remarks must nevertheless be made. As appears from its wording, it lists a number of concrete aspects of cross-border private law.
The provision on the internal market, on the contrary, is framed in more general terms, as is the wording of Article EC, which is not limited to civil and commercial matters. Matters relating to the Brussels Convention are now, after Amsterdam, exclusively covered by Article 65 EC because this legal basis is more specific than Article EC, not because the latter legal basis would confer insufficient powers in itself. Privaatrecht en Gros, pp.
Admittedly, the final addition does in turn seem to allow Article 65 a wider scope of application than Article EC. In fact, such approval was not sought upon the adoption of the private international law Regulations. External Community Powers in the Field of European Private International Law In regard to the external powers aspect of European private law, we would emphasize the treaty-making competence of the EC in the field of private international law and not so much in the field of substantive private law.
To this end, it should be examined whether an EC treaty-making competence exists in the field in question section 3.
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In other words, does the European Community now have exclusive competence to enter into contractual obligations laid down in international agreements with third states or international organizations in the field of private international law? The Existence o f Treaty-Making Powers in the Field o f Private International Law The Treaty provisions relevant for private law are of a highly introspective character, that is to say: One could mention the provision concerning the internal market, consumer protection, but also Title IV, with its Article 65 as the legal basis for regulating private international law matters.
An express competence to conclude treaties with third states or international organizations in the areas covered by Title IV can therefore not be said to exist. Nevertheless, we believe that it follows from the Court's well-known ERTA doctrine that the EC is still competent, even if only implicitly, to assume international obligations in the various fields covered by Title IV. This is the case - i. These Protocols stipulate that these three Member States are not bound to 'international agreements concluded pursuant to that Title [IV]', which of course presupposes the existence of a treaty-making competence as regards Title IV issues.
Also separate from the issue of the existence of external powers is the question whether it is the exclusive competence of the EC and consequently no longer the competence of the Member States to become a party to private international law treaties drawn up by international organizations. Council [] ECR In general, see, e. See also section 4. This agreement is based on Article 63 1 EC. This is the result of the fact that the actual existence of an external competence is not clearly regulated in this Title.
It is then logical that the subsequent question as to the exclusive or, alternatively, shared character of the external powers is not expressly dealt with either. Opinions on this matter are consequently divided, although at this point there seems to be a rather general reluctance to assume the exclusive competence of the EC in this private law field. From the ERTA case in particular and the subsequent Kramer case, it appears that external powers can have or obtain an exclusive character in two ways.
In these cases, the competence of the Community is exclusive ab initio, from the moment of their introduction. Only the EC is still competent to negotiate and conclude free trade agreements, no longer the Member States. Article EC provides that the Community and the Member States shall co-ordinate their policies on development co-operation, consult each other on their aid programmes and may undertake joint action. This leads the Court to conclude that in this field the Community is not competent to the exclusion of the Member States from the very beginning.
These retain the right themselves, either collectively or individually, or together with the EC, to assume obligations in this area with respect to third countries. The same applies to the other Title IV topics asylum, immigration: The main reason underlying this opinion view is not so much the wording of Title IV or its obvious meaning or purpose; after all it is a fact that the Title itself is notably unclear on the subject of the exclusiveness of the external private law competence.
Instead, the desire to share external powers with the Member States emerges from a Protocol concerning the external relations of the Member States in connection with the crossing of the external borders. This Protocol provides that the measures concerning the crossing of the external borders Article 62 EC, i. ECR point ECR 'European development fund' , especially points As a matter of fact, due to the nature of the policy area in question, it is difficult to see how external powers concerning development co-operation could become exclusive by means of the internal exercise of these powers.
This could become easier after the accession to the EU of countries such as Romania and Bulgaria. See further section 3. From the mentioned Protocol and Declaration to the Treaty of Amsterdam, it can therefore be concluded with sufficient certainty that the wording of Article 65 EC was not intended to immediately and completely deprive the Member States of their competence in the field of private international law. The most important way in which this occurs is by the actual exercise of the expressly conferred internal powers, i.
The external competence is made exclusive when the internal measures adopted could be affected if Member States were still able to unilaterally conclude agreements with third parties. It goes without saying that this leaves ample room for subjectivity, but the final say in the matter will always belong to the EC's Court of Justice, usually in the form of an opinion pursuant to Article 6 EC.
See also the literature mentioned earlier on external EC competences. For instance, in the area of environmental policy, are more specific aspects such as waste substances, biodiversity, disposal of cadmium, etc. As a result of this approach, one could indeed effectively argue by now that, for example, in respect of matters regulated by the Brussels Convention, the Member States are no longer competent - given the ERTA doctrine - to become parties to the global treaty concerning jurisdiction and the recognition and enforcement of judgments in civil and commercial matters currently being prepared by the Hague Conference on Private International Law.
Community harmonisation and worldwide unification', in: Netherlands International Law Rev. It must be strongly emphasized here that we are expressing a legal opinion, based on ERTA, not a political policy judgment.