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31977L0539 | 1977 | Council Directive 77/539/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to reversing lamps for motor vehicles and their trailers
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to their reversing lamps;
Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type-approval procedure which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3), to be introduced in respect of each type of vehicle;
Whereas in Directive 76/756/EEC (4), the Council laid down the common requirements for the installation of lighting and light-signalling devices on motor vehicles and their trailers;
Whereas a harmonized component type-approval procedure for reversing lamps makes it possible for each Member State to check compliance with the common construction and testing requirements and to inform the other Member States of its findings by sending a copy of the component type-approval certificate completed for each type of reversing lamp ; whereas the placing of an EEC component type-approval mark on all reversing lamps manufactured in conformity with the approved type obviates any need for technical checks on these reversing lamps in the other Member States;
Whereas it is desirable to take into account the technical requirements adopted by the UN Economic Commission for Europe in its Regulation No 23 ("Uniform provisions concerning the approval of reversing lights for power-driven vehicles and their trailers") (5) which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions for approval and reciprocal recognition of approval for motor vehicle equipment and parts;
Whereas the approximation of national laws relating to motor vehicles entails reciprocal recognition by Member States of the tests carried out by each of them on the basis of the common requirements,
Article 1
1. Each Member State shall grant EEC component type-approval for any type of reversing lamp which satisfies the construction and testing requirements laid down in Annexes 0, II, III and IV.
2. The Member State which has granted EEC component type-approval shall take the measures required in order to verify that production models conform to the approved type, in so far as this is necessary and if need be in cooperation with the competent authorities in the other Member States. Such verification shall be limited to spot checks. (1)OJ No C 118, 16.5.1977, p. 29. (2)OJ No C 114, 11.5.1977, p. 3. (3)OJ No L 42, 23.2.1970, p. 1. (4)OJ No L 262, 27.9.1976, p. 1. (5)Economic Commission for Europe document E/ECE/324/E/ECE/TRANS/505/Rev. 1/Add 22, 20.8.1971.
Article 2
Member States shall for each type of reversing lamp which they approve pursuant to Article 1, issue to the manufacturer, or to his authorized representative, an EEC component type-approval mark conforming to the model shown in Annex II.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between reversing lamps which have been type-approved pursuant to Article 1, and other devices.
Article 3
1. No Member State may prohibit the placing on the market of reversing lamps on grounds relating to their construction or method of functioning if they bear the EEC component type-approval mark.
2. Nevertheless, a Member State may prohibit the placing on the market of reversing lamps bearing the EEC component type-approval mark which consistently fail to conform to the approved type.
That State shall inform the other Member States and the Commission forthwith of the measures taken, specifying the reasons for its decision.
Article 4
The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States a copy of the component type-approval certificates, an example of which is given in Annex I, completed for each type of reversing lamp which they approve or refuse to approve.
Article 5
1. If the Member State which has granted EEC component type-approval finds that a number of reversing lamps bearing the same EEC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken which may, where there is consistent failure to conform, extend to withdrawal of EEC component type-approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.
2. The competent authorities of Member States shall inform each other within one month of any withdrawal of EEC component type-approval, and of the reasons for such a measure.
Article 6
Any decision taken pursuant to the provisions adopted in implementation of this Directive, to refuse or with-draw EEC component type-approval for a reversing lamp or prohibit its placing on the market or use shall set out in detail the reasons on which it is based. Such decisions shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.
Article 7
No Member State may refuse to grant EEC type-approval or national type-approval of any vehicle on grounds relating to its reversing lamps if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.
Article 8
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to its reversing lamps if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.
Article 9
For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails, agricultural or forestry tractors and machinery and public works vehicles.
Article 10
Any amendments necessary to adjust the requirements of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 11
1. Member States shall bring into force the provisions needed in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 12
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31977L0538 | 1977 | Council Directive 77/538/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to rear fog lamps for motor vehicles and their trailers
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to their rear fog lamps;
Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type-approval procedure which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3), to be introduced in respect of each type of vehicle;
Whereas in Directive 76/756/EEC (4), the Council laid down the common requirements for the installation of lighting and light-signalling devices on motor vehicles and their trailers;
Whereas a harmonized component type-approval procedure for rear fog lamps makes it possible for each Member State to check compliance with the common construction and testing requirements and to inform the other Member States of its findings by sending a copy of the component type-approval certificate completed for each type of rear fog lamp ; whereas the placing of an EEC component type-approval mark on all rear fog lamps manufactured in conformity with the approved type obviates any need for technical checks on these rear fog lamps in the other Member States;
Whereas it is desirable to draft the technical requirements so that they have the same aim as the work being carried out on the subject in the UN Economic Commission for Europe;
Whereas the approximation of national laws relating to motor vehicles entails reciprocal recognition by Member States of the tests carried out by each of them on the basis of the common requirements,
Article 1
1. Each Member State shall grant EEC component type-approval for any type of rear fog lamp which satisfies the construction and testing requirements laid down in Annexes 0, II and III.
2. The Member State which has granted EEC component type-approval shall take the measures required in order to verify that production models conform to the approved type, in so far as this is necessary and if need be in cooperation with the competent authorities in the other Member States. Such verification shall be limited to spot checks.
Article 2
Member States shall for each type of rear fog lamp which they approve pursuant to Article 1, issue to the manufacturer, or to his authorized representative, an EEC component type-approval mark conforming to the model shown in Annex II.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion (1)OJ No C 118, 16.5.1977, p. 29. (2)OJ No C 114, 11.5.1977, p. 2. (3)OJ No L 42, 23.2.1970, p. 1. (4)OJ No L 262, 27.9.1976, p. 1. between rear fog lamps which have been type-approved pursuant to Article 1, and other devices.
Article 3
1. No Member State may prohibit the placing on the market of rear fog lamps on grounds relating to their construction or method of functioning if they bear the EEC component type-approval mark.
2. Nevertheless, a Member State may prohibit the placing on the market of rear fog lamps bearing the EEC component type-approval mark which consistently fail to conform to the approved type.
That State shall inform the other Member States and the Commission forthwith of the measures taken, specifying the reasons for its decision.
Article 4
The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States a copy of the component type-approval certificates, an example of which is given in Annex I, completed for each type of rear fog lamp which they approve or refuse to approve.
Article 5
1. If the Member State which has granted EEC component type-approval finds that a number of rear fog lamps bearing the same EEC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken which may, where there is consistent failure to conform, extend to withdrawal of EEC component type-approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.
2. The competent authorities of Member States shall inform each other within one month of any withdrawal of EEC component type-approval, and of the reasons for such a measure.
Article 6
Any decision taken pursuant to the provisions adopted in implementation of this Directive, to refuse or withdraw EEC component type-approval for a rear fog lamp or prohibit its placing on the market or use shall set out in detail the reasons on which it is based. Such decision shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.
Article 7
No Member State may refuse to grant EEC type-approval or national type-approval of any vehicle on grounds relating to its rear fog lamps if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.
Article 8
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to its rear fog lamps if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.
Article 9
For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails, agricultural or forestry tractors and machinery and public works vehicles.
Article 10
Any amendments necessary to adjust the requirements of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 11
1. Member States shall bring into force the provisions needed in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 12
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31977L0540 | 1977 | Council Directive 77/540/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to parking lamps for motor vehicles
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to their parking lamps;
Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type-approval procedure which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3) to be introduced in respect of each type of vehicle;
Whereas in Directive 76/756/EEC (4), the Council laid down the common requirements for the installation of lighting and light-signalling devices on motor vehicles and trailers;
Whereas a harmonized component type-approval procedure for parking lamps makes it possible for each Member State to check compliance with the common construction and testing requirements and to inform the other Member States of its findings by sending a copy of the component type-approval certificate completed for each type of parking lamp ; whereas the placing of an EEC component type-approval mark on all parking lamps manufactured in conformity with the approved type obviates any need for technical checks on these parking lamps in the other Member States;
Whereas the approximation of national laws relating to motor vehicles entails reciprocal recognition by Member States of the tests carried out by each of them on the basis of the common requirements,
Article 1
1. Each Member State shall grant EEC component type-approval for any type of parking lamp which satisfies the construction and testing requirements laid down in Annexes I, II, IV, V and VI.
2. The Member State which has granted EEC component type-approval shall take the measures required in order to verify that production models conform to the approved type, in so far as this is necessary and if need be in cooperation with the competent authorities in the other Member States. Such verification shall be limited to spot checks.
Article 2
Member States shall for each type of parking lamp which they approve pursuant to Article 1 issue to the manufacturer, or to his authorized representative, an EEC component type-approval mark conforming to the model shown in Annex IV.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between parking lamps which have been type-approved pursuant to Article 1 and other devices.
Article 3
1. No Member State may prohibit the placing on the market of parking lamps on grounds relating to their construction or method of functioning if they bear the EEC component type-approval mark. (1)OJ No C 118, 16.5.1977, p. 29. (2)OJ No C 114, 11.5.1977, p. 4. (3)OJ No L 42, 23.2.1970, p. 1. (4)OJ No L 262, 27.9.1976, p. 1.
2. Nevertheless, a Member State may prohibit the placing on the market of parking lamps bearing the EEC component type-approval mark which consistently fail to conform to the approved type. That State shall inform the other Member States and the Commission forthwith of the measures taken, specifying the reasons for its decision.
Article 4
The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States a copy of the component type-approval certificates, an example of which is given in Annex III, completed for each type of parking lamp which they approve or refuse to approve.
Article 5
1. If the Member State which has granted EEC component type-approval finds that a number of parking lamps bearing the same EEC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken which may, where there is consistent failure to conform, extend to withdrawal of EEC component type-approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.
2. The competent authorities of Member States shall inform each other within one month of any withdrawal of EEC component type-approval, and of the reasons for such a measure.
Article 6
Any decision taken pursuant to the provisions adopted in implementation of this Directive, to refuse or withdraw EEC component type-approval for a parking lamp or prohibit its placing on the market or use, shall set out in detail the reasons on which it is based. Such decisions shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.
Article 7
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to its parking lamps if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.
Article 8
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to its parking lamps if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.
Article 9
For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles which run on rails, agricultural or forestry tractors and machinery and public works vehicles.
Article 10
Any amendments necessary to adjust the requirements of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 11
1. Member States shall bring into force the provisions needed in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 12
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31977L0504 | 1977 | Council Directive 77/504/EEC of 25 July 1977 on pure- bred breeding animals of the bovine species
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas cattle production occupies a very important place in Community agriculture, and satisfactory results depend to a large extent on the use of pure-bred breeding animals;
Whereas most Member States have hitherto endeavoured, as part of their national breeding policies, to promote the production of livestock of a limited number of breeds meeting specific zootechnic standards ; whereas the breeds and standards vary from one Member State to another ; whereas these disparities hinder intra-Community trade;
Whereas, if these disparities are to be removed, thereby increasing agricultural productivity in this sector, intra-Community trade in all pure-bred breeding animals must be progressively liberalized ; whereas complete liberalization of trade requires a later additional harmonization particularly regarding approval for breeding;
Whereas it must be possible for the Member States to insist on pedigree certificates drawn up in accordance with a Community procedure being presented;
Whereas implementing measures in certain technical areas should be taken ; whereas, for the adoption of such measures, a procedure should be provided for establishing close cooperation between Member States and the Commission within the Standing Committee on Zootechnics ; whereas, until the adoption of those implementing measures, the provisions which are at present in force in the areas in question must remain unchanged;
Whereas it must be ensured that importation of pure-bred breeding animals of the bovine species from non-member countries cannot be carried out on conditions which are less severe than those applied within the Community,
Article 1
For the purposes of this Directive the following definitions shall apply: (a) pure-bred breeding animal of the bovine species : any bovine animal the parents and grandparents of which are entered or registered in a herd-book of the same breed, and which is itself either entered or registered and eligible for entry in such a herd-book; (1)OJ No C 76, 3.7.1974, p. 52. (2)OJ No C 116, 30.9.1974, p. 33.
(b) herd-book : any book, register, file or data medium - which is maintained by a breeders' organization or association officially recognized by a Member State in which the breeders' organization or association was constituted, and
- in which pure-bred breeding animals of a given breed of the bovine species are entered or registered with mention of their ancestors.
Article 2
The Member States shall ensure that the following shall not be prohibited, restricted or impeded on zootechnical grounds: - intra-Community trade in pure-bred breeding animals of the bovine species,
- intra-Community trade in the semen and embryos of pure-bred breeding animals of the bovine species,
- the establishment of herd-books, provided that they comply with the requirements laid down pursuant to Article 6,
- the recognition of organizations or associations which maintain herd-books, in accordance with Article 6, and
- subject to Article 3, intra-Community trade in bulls used for artificial insemination.
Article 3
The Council, acting on a proposal from the Commission, shall, before 1 July 1980, adopt Community provisions for the approval of pure-bred breeding animals of the bovine species for breeding.
Until the entry into force of such provisions, approval of pure-bred breeding animals of the bovine species for breeding and approval of bulls to be used for artificial insemination as well as the use of semen and embryos shall remain subject to national law, on the understanding that that law may not be more restrictive than that applicable to pure-bred breeding animals of the bovine species, semen and embryos in the Member State of destination.
Article 4
Breeders' organizations or associations officially recognized by a Member State may not oppose the entry in their herd-books of pure-bred breeding animals of the bovine species from other Member States provided that they satisfy the requirements laid down in accordance with Article 6.
Article 5
Member States may require that pure-bred breeding animals of the bovine species and the semen or embryos from such animals shall be accompanied, in intra-Community trade, by a pedigree certificate which complies with a specimen drawn up in accordance with the procedure laid down in Article 8, particularly with regard to zootechnical performance.
Article 6
1. The following shall be determined in accordance with the procedure laid down in Article 8: - performance monitoring methods and methods for assessing cattle's genetic value,
- the criteria governing the recognition of breeders' organizations and associations,
- the criteria governing the establishment of herd-books,
- the criteria governing entry in herd-books,
- the particulars to be shown on the pedigree certificate.
2. Until the entry into force of the provisions provided for in the first, second and third indents of paragraph 1: (a) the official checks referred to in the first indent of paragraph 1 carried out in each Member State and the herd-books in existence at present shall be recognized by the other Member States;
(b) the recognition of breeders' organizations and associations shall continue to be governed by the rules at present in force in each Member State;
(c) the introduction of new herd-books shall continue to meet the conditions at present in force in each Member State.
Article 7
Until the implementation of Community rules on the subject, the conditions applicable to imports of pure-bred breeding animals of the bovine species from non-member countries must not be more favourable than those governing intra-Community trade.
Member States shall not authorize the import of pure-bred breeding animals of the bovine species from non-member countries unless they are accompanied by a pedigree certificate certifying that they are entered or registered in a herd-book in the exporting non-member country. Proof must be provided that the animals are either entered or registered and eligible for entry in a herd-book in the Community.
Article 8
1. Where the procedure laid down in this Article is to be used, matters shall without delay be referred by the Chairman, either on his own initiative or at the request of a Member State, to the Standing Committee on Zootechnics (hereinafter referred to as "the Committee") set up by the Council Decision 77/505/EEC.
2. Within the Committee the votes of Member States shall be weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.
3. The representative of the Commission shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on such measures within a time limit set by the Chairman according to the urgency of the matters concerned. Opinions shall be delivered by a majority of 41 votes.
4. The Commission shall adopt the measures and shall apply them immediately where they are in accordance with the opinion of the Committee. Where they are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall adopt the measures by a qualified majority.
If, within three months from the date on which the proposal was submitted to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately save where the Council has decided by a simple majority against those measures.
Article 9
The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1979 at the latest and shall forthwith inform the Commission thereof.
Article 10
This Directive is addressed to the Member States. | [
"UKSI19922370"
] |
31977L0649 | 1977 | Council Directive 77/649/EEC of 27 September 1977 on the approximation of the laws of the Member States relating to the field of vision of motor vehicle drivers
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to the field of vision of the driver;
Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements, either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type-approval procedure, which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, to be introduced in respect of each type of vehicle (3);
Whereas it is desirable to draft the technical requirements so that they have the same aim as the work being carried out on the subject in the UN Economic Commission for Europe;
Whereas those requirements apply to motor vehicles in category M1 (the international classification of motor vehicles is given in Annex I to Directive 70/156/EEC);
Whereas the approximation of national laws relating to motor vehicles entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of the common requirements,
Article 1
For the purposes of this Directive, "vehicle" means any motor vehicle in category M1 (defined in Annex I to Directive 70/156/EEC) intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to the driver's field of vision if it satisfies the requirements set out in Annexes I, III and IV. (1)OJ No C 125, 8.6.1976, p. 49. (2)OJ No C 197, 23.8.1976, p. 10. (3)OJ No L 42, 23.2.1970, p. 1.
Article 3
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to the driver's field of vision if it satisfies the requirements set out in Annexes I, III and IV.
Article 4
The Member State which has granted type-approval shall take the measures required to ensure that it is informed of any modification of a part or characteristic referred to in section 2.2 of Annex I. The competent authorities of that State shall determine whether it is necessary to carry out further tests on the modified vehicle type and to prepare a new report. If these tests show that the requirements of this Directive have not been complied with, the modification shall not be authorized.
Article 5
Any amendments necessary to adapt the requirements of Annexes I, III, IV and V to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
However, this procedure shall not apply to amendments introducing provisions relating to a field of vision other than 180º forward field of vision.
Article 6
1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 7
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31977L0794 | 1977 | Commission Directive 77/794/EEC of 4 November 1977 laying down detailed rules for implementing certain provisions of Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 76/308/EEC of 15 March 1976 on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties (1), and in particular Article 22 (1) thereof,
Whereas the abovementioned Directive introduced a system of mutual assistance between the competent authorities of Member States for the purpose of supplying the applicant authority with all the information which it needs, for notifying the addressee concerned of instruments and decisions which are applicable, for the taking of precautionary measures, and for the recovery by the requested authority of claims on behalf of the applicant authority;
Whereas the detailed rules of operation of such mutual assistance must be laid down in each of these fields in order to render it fully effective;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on Recovery,
Article 1
1. This Directive lays the detailed rules for implementing Articles 4 (2) and (4), 5 (2) and (3), 7 (1), (3) and (5), 9 and 12 (1) of Directive 76/308/EEC, hereinafter called "the basic Directive".
2. This Directive also lays down the detailed rules on conversion, transfer of sums recovered and the fixing of a minimum amount for claims which may give rise to a request for assistance.
TITLE I Request for information
Article 2
1. The request for information referred to in Article 4 of the basic Directive shall be made out in (1)OJ No L 73, 19.3.1976, p. 18.
writing in accordance with the model in Annex I. The said request shall bear the official stamp of the applicant authority and shall be signed by an official thereof duly authorized to make such a request.
2. The applicant authority shall, where appropriate, indicate in its request for information the name of any other requested authority to which a similar request for information has been addressed.
Article 3
The request for information may relate to
(a) the debtor ; or
(b) any person liable for settlement of the claim under the law in force in the Member State where the applicant authority is situated.
Where the applicant authority knows that a third party holds assets belonging to one of the persons mentioned in the foregoing paragraph, the request may also relate to that third party.
Article 4
The requested authority shall acknowledge receipt of the request for information in writing (if possible by telex) as soon as possible and in any event within seven days of such receipt.
Article 5
1. The requested authority shall transmit each item of requested information to the applicant authority as and when it is obtained.
2. Where all or part of the requested information cannot be obtained within a reasonable time, having regard to the particular case, the requested authority shall so inform the applicant authority, indicating the reasons therefor.
In any event, at the end of six months from the date of acknowledgement of receipt of the request, the requested authority shall inform the applicant authority of the outcome of the investigations which it has conducted in order to obtain the information requested.
In the light of the information received from the requested authority, the applicant authority may request the latter to continue its investigations. This request shall be made in writing (if possible by telex) within two months from the receipt of the notification of the outcome of the investigations carried out by the requested authority, and shall be treated by the requested authority in accordance with the provisions applying to the initial request.
Article 6
When the requested authority decides not to comply with the request for information addressed to it, it shall notify the applicant authority in writing of the reasons for the refusal to comply with the request, specifying the particular provisions of Article 4 of the basic Directive which it invokes. This notification shall be given by the requested authority as soon as it has taken its decision and in any event within six months from the date of the acknowledgement of the receipt of the request.
Article 7
The applicant authority may at any time withdraw the request for information which it has sent to the requested authority. The decision to withdraw shall be transmitted to the requested authority in writing (if possible by telex).
TITLE II Request for notification
Article 8
The request for notification referred to in Article 5 of the basic Directive shall be made out in writing in duplicate in accordance with the model in Annex II. The said request shall bear the official stamp of the applicant authority and shall be signed by an official thereof duly authorized to make such a request.
Two copies of the instrument (or decision), notification of which is requested, shall be attached to the request referred to in the foregoing paragraph.
Article 9
The request for notification may relate to any natural or legal person who, in accordance with the law in force in the Member State where the applicant authority is situated, shall be informed of any instrument or decision which concerns him.
Article 10
1. Immediately upon receipt of the request for notification, the requested authority shall take the necessary measures to effect that notification in accordance with the law in force in the Member State in which it is situated.
2. The requested authority shall inform the applicant authority of the date of notification as soon as this has been done, by returning to it one of the copies of its request with the certificate on the reverse side duly completed.
TITLE III Request for recovery and/or for the taking of precautionary measures
Article 11
1. The request for recovery and/or for the taking of precautionary measures referred to in Articles 6 and 13 of the basic Directive shall be made out in writing in accordance with the model Annex III. The request, which shall include a declaration that the conditions laid down in the basic Directive for initiating the mutual assistance procedure in the particular case have been fulfilled, shall bear the official stamp of the applicant authority and shall be signed by an official thereof duly authorized to make such a request.
2. The instrument permitting enforcement which shall accompany the request for recovery and/or for the taking of precautionary measures may be issued in respect of several claims where it concerns one and the same person.
For the purposes of Articles 12 to 19, all claims which are covered by the same instrument permitting enforcement shall be deemed to constitute a single claim.
Article 12
1. The request for recovery and/or for the taking of precautionary measures may relate to (a) the debtor ; or
(b) any person liable for settlement of the claim under the law in force in the Member State in which it is situated.
2. Where appropriate, the applicant authority shall inform the requested authority of any assets of the persons referred to in paragraph 1 which to its knowledge are held by a third party.
Article 13
1. The applicant authority shall state the amounts of the claim to be recovered both in the currency of the Member State in which it is situated and also in the currency of the Member State in which the requested authority is situated.
2. The rate of exchange to be used for the purposes of paragraph 1 shall be the latest selling rate recorded on the most representative exchange market or markets of the Member State in which the applicant authority is situated on the date when the request for recovery is signed.
Article 14
The requested authority shall acknowledge receipt of the request for recovery and/or for the taking of precautionary measures in writing (if possible by telex) as soon as possible and in any event within seven days of its receipt.
Article 15
Where, within a reasonable time having regard to the particular case, all or part of the claim cannot be recovered or precautionary measures cannot be taken, the requested authority shall so inform the applicant authority, indicating the reasons therefor.
In any event, at the end of one year from the date of acknowledgement of the receipt of the request, the requested authority shall inform the applicant authority of the outcome of the procedure which it has undertaken for recovery and/or for the taking of precautionary measures.
In the light of the information received from the requested authority, the applicant authority may request the latter to continue the procedure which it has undertaken for recovery and/or for the taking of precautionary measures. This request shall be made in writing (if possible by telex) within two months from the receipt of the notification of the outcome of the procedure undertaken by the requested authority for recovery and/or for the taking of precautionary measures, and shall be treated by the requested authority in accordance with the provisions applying to the initial request.
Article 16
Any action contesting the claim or the instrument permitting its enforcement which is taken in the Member State in which the applicant authority is situated shall be notified to the requested authority in writing (if possible by telex) by the applicant authority immediately after it has been informed of such action.
Article 17
1. If the request for recovery and/or for the taking of precautionary measures becomes nugatory as a result of payment of the claim or of its cancellation or for any other reason, the applicant authority shall immediately inform the requested authority in writing (if possible by telex) so that the latter may stop any action which it has undertaken.
2. Where the amount of the claim which is the subject of the request for recovery and/or for the taking of precautionary measures is amended for any reason, the applicant authority shall immediately inform the requested authority in writing (if possible by telex).
If the amendment consists of a reduction in the amount of the claim, the requested authority shall continue the action which it has undertaken with a view to recovery and/or to the taking of precautionary measures, but that action shall be limited to the amount still outstanding if, at the time the requested authority is informed of the reduction of the amount of the claim, the original amount has already been recovered by it but the transfer procedure referred to in Article 18 has not yet been initiated, the requested authority shall repay the amount overpaid to the person entitled thereto.
If the amendment consists of an increase in the amount of the claim, the applicant authority shall as soon as possible address to the requested authority an additional request for recovery and/or for the taking of precautionary measures. This additional request shall, as far as possible be dealt with by the requested authority at the same time as the original request of the applicant authority. Where, in view of the state of progress of the existing procedure, the joinder of the additional request and the original request is not possible, the requested authority shall only be required to comply with the additional request if it concerns an amount not less than that referred to in Article 20.
3. To convert the amended amount of the claim into the currency of the Member State in which the requested authority is situated, the applicant authority shall use the exchange rate used in its original request.
Article 18
Any sum recovered by the requested authority, including, where applicable, the interest referred to in Article 9 (2) of the basic Directive, shall be the subject of a transfer to the applicant authority in the currency of the Member State in which the requested authority is situated. This transfer shall take place within one month of the date on which the recovery was effected.
Article 19
Irrespective of any amounts collected by the requested authority by way of interest referred to in Article 9 (2) of the basic Directive, the claim shall be deemed to have been recovered in proportion to the recovery of the amount expressed in the national currency of the Member State in which the requested authority is situated, on the basis of the exchange rate referred to in Article 13 (2).
TITLE IV General and final provisions
Article 20
1. A request for assistance may be made by the applicant authority in respect of either a single claim or several claims where these are recoverable from one and the same person.
2. No request for assistance may be made if the amount of the relevant claim or claims is less than 750 European units of account.
Article 21
Information and other particulars communicated by the requested authority to the applicant authority shall be made out in the official language or one of the official languages of the Member State in which the requested authority is situated.
Article 22
The Member States shall bring into force not later than 1 January 1978 the measures necessary to comply with this Directive.
Article 23
Each Member State shall inform the Commission of the measures which it takes for implementing this Directive. The Commission shall communicate such information to the other Member States.
Article 24
This Directive is addressed to the Member States. | [
"UKPGA19770036",
"UKPGA19800048"
] |
31977L0799 | 1977 | Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas practices of tax evasion and tax avoidance extending across the frontiers of Member States lead to budget losses and violations of the principle of fair taxation and are liable to bring about distortions of capital movements and of conditions of competition ; whereas they therefore affect the operation of the common market;
Whereas, for these reasons the Council adopted on 10 February 1975 a resolution on the measures to be taken by the Community in order to combat international tax evasion and avoidance (3);
Whereas the international nature of the problem means that national measures, whose effect does not extend beyond national frontiers, are insufficient ; whereas collaboration between administrations on the basis of bilateral agreements is also unable to counter new forms of tax evasion and avoidance, which are increasingly assuming a multinational character;
Whereas collaboration between tax administrations within the Community should therefore be strengthened in accordance with common principles and rules;
Whereas the Member States should, on request, exchange information concerning particular cases ; whereas the State so requested should make the necessary enquiries to obtain such information;
Whereas the Member States should exchange, even without any request, any information which appears relevant for the correct assessment of taxes on income and on capital, in particular where there appears to be an artificial transfer of profits between enterprises in different Member States or where such transactions are carried out between enterprises in two Member States through a third country in order to obtain tax advantages, or where tax has been or may be evaded or avoided for any reason whatever;
Whereas it is important that officials of the tax administration of one Member State be allowed to be present in the territory of another Member State if both the States concerned consider it desirable; (1)OJ No C 293, 13.12.1976, p. 34. (2)OJ No C 56, 7.3.1977, p. 66. (3)OJ No C 35, 14.2.1975, p. 1.
Whereas care must be taken to ensure that information provided in the course of such collaboration is not disclosed to unauthorized persons, so that the basic rights of citizens and enterprises are safeguarded ; whereas it is therefore necessary that the Member States receiving such information should not use it, without the authorization of the Member State supplying it, other than for the purposes of taxation or to facilitate legal proceedings for failure to observe the tax laws of the receiving State ; whereas it is also necessary that the receiving States afford the information the same degree of confidentiality which it enjoyed in the State which provided it, if the latter so requires;
Whereas a Member State which is called upon to carry out enquiries or to provide information shall have the right to refuse to do so where its laws or administrative practices prevent its tax administration from carrying out these enquiries or from collecting or using this information for its own purposes, or where the provision of such information would be contrary to public policy or would lead to the disclosure of a commercial, industrial or professional secret or of a commercial process, or where the Member State for which the information is intended is unable for practical or legal reasons to provide similar information;
Whereas collaboration between the Member States and the Commission is necessary for the permanent study of cooperation procedures and the pooling of experience in the fields considered, and in particular in the field of the artificial transfer of profits within groups of enterprises, with the aim of improving those procedures and of preparing appropriate Community rules,
Article 1
General provisions
1. In accordance with the provisions of this Directive the competent authorities of the Member States shall exchange any information that may enable them to effect a correct assessment of taxes on income and on capital.
2. There shall be regarded as taxes on income and on capital, irrespective of the manner in which they are levied, all taxes imposed on total income, on total capital, or on elements of income or of capital, including taxes on gains from the disposal of movable or immovable property, taxes on the amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation.
3. The taxes referred to in paragraph 2 are at present, in particular:
in Belgium:
Impôt des personnes physiques/Personenbelasting
Impôt des sociétés/Vennootschapsbelasting
Impôt des personnes morales/Rechtspersonenbelasting
Impôt des non-résidents/Belasting der niet-verblijfhouders
in Denmark:
Indkomstskaten til staten
Selsskabsskat
Den kommunale indkomstskat
Den amtskommunale indkomstskat
Folkepensionsbidragene
Sømandsskatten
Den særlige indkomstskat
Kirkeskatten
Formueskatten til staten
Bidrag til dagpengefonden
in Germany:
Einkommensteuer
Körperschaftsteuer
Vermögensteuer
Gewerbesteuer
Grundsteuer
in France:
Impôt sur le revenu
Impôt sur les sociétés
Taxe professionnelle
Taxe foncière sur les propriétés bâties
Taxe foncière sur les propriétés non bâties
in Ireland:
Income tax
Corporation tax
Capital gains tax
Wealth tax in Italy:
Imposta sul reddito delle persone fisiche
Imposta sul reddito delle persone giuridiche
Imposta locale sui redditi
in Luxembourg:
Impôt sur le revenu des personnes physiques
Impôt sur le revenu des collectivités
Impôt commercial communal
Impôt sur la fortune
Impôt foncier
in the Netherlands:
Inkomstenbelasting
Vennootschapsbelasting
Vermogensbelasting
in the United Kingdom:
Income tax
Corporation tax
Capital gains tax
Petroleum revenue tax
Development land tax
4. Paragraph 1 shall also apply to any identical or similar taxes imposed subsequently, whether in addition to or in place of the taxes listed in paragraph 3. The competent authorities of the Member States shall inform one another and the Commission of the date of entry into force of such taxes.
5. The expression "competent authority" means:
in Belgium:
De minister van financiën or an authorized representative
Le ministre des finances or an authorized representative
in Denmark:
Ministeren for skatter og afgifter or an authorized representative
in Germany:
Der Bundesminister der Finanzen or an authorized representative
in France:
Le ministre de l'économie or an authorized representative
in Ireland:
The Revenue Commissioners or their authorized representative
in Italy:
Il Ministro per le finanze or an authorized representative
in Luxembourg:
Le ministre des finances or an authorized representative
in the Netherlands:
De minister van financiën or an authorized representative
in the United Kingdom:
The Commissioners of Inland Revenue or their authorized representative
Article 2
Exchange on request
1. The competent authority of a Member State may request the competent authority of another Member State to forward the information referred to in Article 1 (1) in a particular case. The competent authority of the requested State need not comply with the request if it appears that the competent authority of the State making the request has not exhausted its own usual sources of information, which it could have utilized, according to the circumstances, to obtain the information requested without running the risk of endangering the attainment of the sought after result.
2. For the purpose of forwarding the information referred to in paragraph 1, the competent authority of the requested Member State shall arrange for the conduct of any enquiries necessary to obtain such information.
Article 3
Automatic exchange of information
For categories of cases which they shall determine under the consultation procedure laid down in Article 9, the competent authorities of the Member States shall regularly exchange the information referred to in Article 1 (1) without prior request.
Article 4
Spontaneous exchange of information
1. The competent authority of a Member State shall without prior request forward the information referred to in Article 1 (1), of which it has knowledge, to the competent authority of any other Member State concerned, in the following circumstances: (a) the competent authority of the one Member State has grounds for supposing that there may be a loss of tax in the other Member State;
(b) a person liable to tax obtains a reduction in or an exemption from tax in the one Member State which would give rise to an increase in tax or to liability to tax in the other Member State;
(c) business dealings between a person liable to tax in a Member State and a person liable to tax in another Member State are conducted through one or more countries in such a way that a saving in tax may result in one or the other Member State or in both;
(d) the competent authority of a Member State has grounds for supposing that a saving of tax may result from artificial transfers of profits within groups of enterprises;
(e) information forwarded to the one Member State by the competent authority of the other Member State has enabled information to be obtained which may be relevant in assessing liability to tax in the latter Member State.
2. The competent authorities of the Member States may, under the consultation procedure laid down in Article 9, extend the exchange of information provided for in paragraph 1 to cases other than those specified therein.
3. The competent authorities of the Member States may forward to each other in any other case, without prior request, the information referred to in Article 1 (1) of which they have knowledge.
Article 5
Time limit for forwarding information
The competent authority of a Member State which, under the preceding Articles, is called upon to furnish information, shall forward it as swiftly as possible. If it encounters obstacles in furnishing the information or if it refuses to furnish the information, it shall forthwith inform the requesting authority to this effect, indicating the nature of the obstacles or the reasons for its refusal.
Article 6
Collaboration by officials of the State concerned
For the purpose of applying the preceding provisions, the competent authority of the Member State providing the information and the competent authority of the Member State for which the information is intended may agree, under the consultation procedure laid down in Article 9, to authorize the presence in the first Member State of officials of the tax administration of the other Member State. The details for applying this provision shall be determined under the same procedure.
Article 7
Provisions relating to secrecy
1. All information made known to a Member State under this Directive shall be kept secret in that State in the same manner as information received under its domestic legislation.
In any case, such information: - may be made available only to the persons directly involved in the assessment of the tax or in the administrative control of this assessment,
- may in addition be made known only in connection with judicial proceedings or administrative proceedings involving sanctions undertaken with a view to, or relating to, the making or reviewing the tax assessment and only to persons who are directly involved in such proceedings ; such information may, however, be disclosed during public hearings or in judgements if the competent authority of the Member State supplying the information raises no objection,
- shall in no circumstances be used other than for taxation purposes or in connection with judicial proceedings or administrative proceedings involving sanctions undertaken with a view to, or in relation to, the making or reviewing the tax assessment.
2. Paragraph 1 shall not oblige a Member State whose legislation or administrative practice lays down, for domestic purposes, narrower limits than those contained in the provisions of that paragraph, to provide information if the State concerned does not undertake to respect those narrower limits.
3. Notwithstanding paragraph 1, the competent authorities of the Member State providing the information may permit it to be used for other purposes in the requesting State, if, under the legislation of the informing State, the information could, in similar circumstances, be used in the informing State for similar purposes.
4. Where a competent authority of a Member State considers that information which it has received from the competent authority of another Member State is likely to be useful to the competent authority of a third Member State, it may transmit it to the latter competent authority with the agreement of the competent authority which supplied the information.
Article 8
Limits to exchange of information
1. This Directive shall impose no obligation to have enquiries carried out or to provide information if the Member State, which should furnish the information, would be prevented by its laws or administrative practices from carrying out these enquiries or from collecting or using this information for its own purposes.
2. The provision of information may be refused where it would lead to the disclosure of a commercial, industrial or professional secret or of a commercial process, or of information whose disclosure would be contrary to public policy.
3. The competent authority of a Member State may refuse to provide information where the State concerned is unable, for practical or legal reasons, to provide similar information.
Article 9
Consultations
1. For the purposes of the implementation of this Directive, consultations shall be held, if necessary in a Committee, between: - the competent authorities of the Member States concerned at the request of either, in respect of bilateral questions,
- the competent authorities of all the Member States and the Commission, at the request of one of those authorities or the Commission, in so far as the matters involved are not solely of bilateral interest.
2. The competent authorities of the Member States may communicate directly with each other. The competent authorities of the Member States may by mutual agreement permit authorities designated by them to communicate directly with each other in specified cases or in certain categories of cases.
3. Where the competent authorities make arrangements on bilateral matters covered by this Directive other than as regards individual cases, they shall as soon as possible inform the Commission thereof. The Commission shall in turn notify the competent authorities of the other Member States.
Article 10
Pooling of experience
The Member States shall, together with the Commission, constantly monitor the cooperation procedure provided for in this Directive and shall pool their experience, especially in the field of transfer pricing within groups of enterprises, with a view to improving such cooperation and, where appropriate, drawing up a body of rules in the fields concerned.
Article 11
Applicability of wider-ranging provisions of assistance
The foregoing provisions shall not impede the fulfilment of any wider obligations to exchange information which might flow from other legal acts.
Article 12
Final provisions
1. Member States shall bring into force the necessary laws, regulations and administrative provisions in order to comply with this Directive not later than 1 January 1979 and shall forthwith communicate them to the Commission.
2. Member States shall communicate to the Commission the texts of any important provisions of national law which they subsequently adopt in the field covered by this Directive.
Article 13
This Directive is addressed to the Member States. | [
"UKPGA19780042"
] |
31977L0805 | 1977 | Council Directive 77/805/EEC of 19 December 1977 amending Directive 72/464/EEC on taxes, other than turnover taxes, which affect the consumption of manufactured tobacco
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas, in accordance with Council Directive 72/464/EEC of 19 December 1972 on taxes, other than turnover taxes, which affect the consumption of manufactured tobacco (3), as amended by Directives 74/318/EEC (4), 75/786/EEC (5) and 76/911/EEC (6) the Council shall adopt, at least six months before the expiry of the first stage, a Directive laying down the special criteria to apply during the second stage;
Whereas the first stage expires on 31 December 1977 ; whereas a further extension of this stage has proved necessary;
Whereas the special criteria applicable during the first stage have made possible an initial approximation of the structures of the excise duties on cigarettes in seven of the nine Member States, without the tax revenue of the Member States or the conditions of their markets being appreciably affected;
Whereas the structure of the excise duty on cigarettes must include, in addition to a specific component calculated per unit of the product, a proportional component based on the retail selling price, inclusive of all taxes ; whereas the turnover tax on cigarettes has the same effect as a proportional excise duty and this fact should be taken into account when the ratio between the specific component of the excise and the total tax burden is being established;
Whereas the special provisions to apply during the second stage should be laid down so as to guide the excise duties levied on cigarettes by the Member States towards a common structure;
Whereas Denmark should be granted the right to refrain from enforcing the provisions in Article 12 (1) of Directive 72/464/EEC in Greenland in view of that territory's special situation;
Whereas the introduction of the harmonized taxation system in the United Kingdom without any accompanying adaptation measures might conflict with the health policy applied by the United Kingdom Government;
Whereas the United Kingdom should therefore be authorized, by way of derogation from Article 4 (2) of Directive 72/464/EEC, to charge an additional excise duty on the most harmful cigarettes for a limited period of 30 months from the date of entry into force of the second stage; (1)OJ No C 178, 2.8.1976, p. 11. (2)OJ No C 204, 30.8.1976, p. 1. (3)OJ No L 303, 31.12.1972, p. 1. (4)OJ No L 180, 3.7.1974, p. 30. (5)OJ No L 330, 24.12.1975. p. 51. (6)OJ No L 354, 24.12.1976, p. 33.
Whereas the structure of the excise duty on manufactured tobacco other than cigarettes will be determined at a later date,
Article 1
Article 4 (3) of Directive 72/464/EEC shall be replaced by the following:
"3. At the final stage of harmonization of structures, the same ratio shall be established for cigarettes in all Member States between the specific excise duty and the sum of the proportional excise duty and the turnover tax, in such a way that the range of retail selling prices reflects fairly the difference in the manufacturers' delivery prices."
Article 2
In Article 7 (1) of Directive 72/464/EEC the words "period of 54 months" shall be replaced by "period of 60 months".
Article 3
The following Title shall be inserted in Directive 72/464/EEC:
"TITLE IIa
Special provisions applicable during the second stage of harmonization
Article 10a 1. Without prejudice to the implementation of Article 1 (4), the second stage of harmonization of the structures of the excise duty on manufactured tobacco shall run from 1 July 1978 to 31 December 1980.
2. During this second stage of harmonization Article 10b shall apply.
Article 10b 1. The amount of the specific excise duty on cigarettes shall be established by reference to cigarettes in the most popular price category according to the information available at 1 January each year, beginning 1 January 1978.
2. The specific component of the excise duty may not be less than 5 % or more than 55 % of the amount of the total tax burden resulting from the aggregation of the proportional excise duty, the specific excise duty and the turnover tax levied on these cigarettes.
However, until 31 December 1978, Ireland may apply a specific element which may not be more than 60 % of the amount of the total tax burden.
3. If the excise duty or the turnover tax levied on the price category referred to above is amended after 1 January 1978, the amount of the specific excise duty shall be established by reference to the new total tax burden on the cigarettes referred to in paragraph 1.
4. Notwithstanding Article 4 (1), each Member State may exclude customs duties from the basis for calculating the proportional excise duty on cigarettes.
5. The Member States may levy on cigarettes a minimum excise duty, the amount of which may not exceed 90 % of the sum of the proportional excise duty and the specific excise duty which they levy on the cigarettes referred to in paragraph 1.
Article 10c
By way of derogation from Article 4 (2), the United Kingdom shall be authorized, for a period of 30 months from the date of entry into force of the second stage, to charge an additional excise duty on cigarettes whose tar yield is 20 mg or more.
The total tax burden on the cigarettes to which this additional excise duty applies may not exceed by more than 20 % the total tax burden which would have been imposed if the additional excise duty had not been levied. The ratio between the specific components of the excise duty and the total tax burden must be within the limits determined by this Directive.
Before the entry into force of the second stage, the United Kingdom shall inform the other Member States and the Commission of the method and the criteria used to determine the tar yield of cigarettes."
Article 4
The following sentence shall be added to Article 12 (1) of Directive 72/464/EEC:
"Denmark may refrain from enforcing these provisions in Greenland."
Article 5
This Directive is addressed to the Member States. | [
"UKPGA19770036"
] |
31978L0317 | 1977 | COUNCIL DIRECTIVE of 21 December 1977 on the approximation of the laws of the Member States relating to the defrosting and demisting systems of glazed surfaces of motor vehicles (78/317/EEC)
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to the defrosting and demisting systems of glazed surfaces of motor vehicles;
Whereas these requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules in order, in particular, to allow the EEC type-approval procedure, which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3), as amended by Directive 78/315/EEC (4), to be introduced in respect of each type of vehicle;
Whereas it is advisable to draft the technical requirements so that they have the same aim as the work being carried out on the subject in the UN Economic Commission for Europe;
Whereas these requirements apply to motor vehicles in category M1 (the international classification of motor vehicles is given in Annex I to Directive 70/156/EEC);
Whereas the approximation of national laws relating to motor vehicles entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of the common requirements,
Article 1
For the purposes of this Directive, ‘vehicle’ means any motor vehicle in category M1 (as defined in Annex I to Directive 70/156/EEC) intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to the defrosting and demisting systems of its glazed surfaces if they satisfy the requirements set out in Annexes I, II, III, IV and V.
Article 3
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to the defrosting and demisting systems of its glazed surfaces if they satisfy the requirements laid down in Annexes I, II, III, IV and V.
Article 4
The Member State which has granted type-approval shall take the measures required to ensure that it is informed of any modification of a part or characteristic referred to in 2.2 of Annex I. The competent authorities of that State shall determine whether it is necessary to carry out further tests on the modified vehicle type and to prepare a new report. If these tests show that the requirements of this Directive have not been complied with, the modification shall not be authorized.
Article 5
Any amendments necessary to adapt the requirements of Annexes I, II, III, IV, V and VI to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
However, this procedure shall not apply to amendments introducing requirements for defrosting and demisting systems of glazed surfaces other than those of windscreens.
Article 6
1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2 Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 7
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31978L0318 | 1977 | Council Directive 78/318/EEC of 21 December 1977 on the approximation of the laws of the Member States relating to the wiper and washer systems of motor vehicles
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to their wipers and washers;
Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type-approval procedure which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3), as amended by Directive 78/315/EEC (4), to be introduced in respect of each type of vehicle;
Whereas it is desirable to draft the technical requirements so that they have the same aim as the work being carried out on the subject in the UN Economic Commission for Europe;
Whereas these requirements apply to motor vehicles in category M1 (the international classification of motor vehicles is given in Annex I to Directive 70/156/EEC);
Whereas the approximation of the national laws relating to motor vehicles entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of the common requirements;
Whereas windscreen-washer systems are already marketed both separately and after being fitted to a vehicle ; whereas if it is possible to check them before they are fitted to a vehicle, their free movement may be facilitated by the introduction of EEC type-approval for such systems, which are regarded as separate technical units within the meaning of Article 9a of Directive 70/156/EEC,
Article 1
For the purposes of this Directive, "vehicle" means any motor vehicle in category M1 (as defined in Annex I to Directive 70/156/EEC) intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle with regard to the windscreen-washer and windscreen-wiper systems, or of a windscreen-washer system, if: - such a vehicle satisfies the requirements of Annexes I to V relating to the windscreen-washer and windscreen-wiper systems,
- such a windscreen-washer system regarded as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC satisfies the relevant requirements laid down in Annex I,
- such a vehicle is fitted with a windscreen-washer system which has been granted type-approval as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC and has been installed in accordance with the requirements laid down in 6.2.5 of Annex I.
Article 3
1. No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to: (1)OJ No C 118, 16.5.1977, p. 33. (2)OJ No C 114, 11.5.1977, p. 8. (3)OJ No L 42, 23.2.1970, p. 1. (4)See page 1 of this Official Journal. - its windscreen-wiper and windscreen-washer systems, if these satisfy the requirements laid down in Annexes I to V,
- its windscreen-washer system if this has been granted type-approval as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC and has been installed in accordance with the requirements laid down in 6.2.5 of Annex I.
2. No Member State may prohibit the placing on the market of any windscreen-washer system regarded as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC if it conforms to a type which has been granted type-approval within the meaning of the second indent of Article 2.
Article 4
The Member State which has granted type-approval shall take the measures required to ensure that it is informed of any modification of a part or characteristic referred to in 2.2 of Annex I. The competent authorities of that Member State shall determine whether it is necessary to carry out further tests on the modified vehicle type and to prepare a new report. If these tests show that the requirements of this Directive have not been complied with, the modification shall not be authorized.
Article 5
Any amendments necessary to adapt the requirements of Annexes I to VII to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
However, this procedure shall not apply to amendments introducing requirements for wiper and washer systems other than for the windscreen.
Article 6
1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 7
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31978L0316 | 1977 | Council Directive 78/316/EEC of 21 December 1977 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (identification of controls, tell-tales and indicators)
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament [1],
Having regard to the opinion of the Economic and Social Committee [2],
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to the identification of controls, tell-tales and indicators;
Whereas these requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules in order, in particular, to allow the EEC type-approval procedure, which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers [3], as amended by Directive 78/315/EEC [4];
Whereas it is advisable to draft the technical requirements so that they have the same aim as the work being carried out on the subject in the UN Economic Commission for Europe and as certain technical requirements adopted by the International Organization for Standardization (ISO);
Whereas the approximation of national laws relating to motor vehicles entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of the common requirements,
Article 1
For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles which run on rails, agricultural tractors and machinery and public works vehicles.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to the identification of controls, telltales and indicators, if these satisfy the requirements laid down in Annexes I to IV.
Article 3
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to the identification of controls, telltales and indicators if these satisfy the requirements laid down in Annexes I to IV.
Article 4
Any amendments necessary to adapt the requirements of Annexes I to V to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 5
1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 6
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31978L0176 | 1978 | Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas waste from the titanium dioxide industry is liable to be harmful to human health and the environment ; whereas it is therefore necessary to prevent and gradually reduce pollution caused by such waste with a view to eliminating it;
Whereas the 1973 (3) and 1977 (4) European Communities' Programmes of Action on the Environment refer to the need to undertake Community action against waste from the titanium dioxide industry;
Whereas any disparity between the provisions on waste from the titanium dioxide industry already applicable or in preparation in the various Member States may create unequal conditions of competition and thus directly affect the functioning of the common market ; whereas it is therefore necessary to approximate laws in this field, as provided for in Article 100 of the Treaty;
Whereas it seems necessary for this approximation of laws to be accompanied by Community action so that one of the aims of the Community in the sphere of protection of the environment and improvement of the quality of life can be achieved by more extensive rules ; whereas certain specific provisions to this effect should therefore be laid down ; whereas Article 235 of the Treaty should be invoked as the powers required for this purpose have not been provided for by the Treaty;
Whereas Directive 75/442/EEC (5), concerns waste disposal in general ; whereas for waste from the titanium dioxide industry it is advisable to lay down a special system which will ensure that human health and the environment are protected against the harmful effects caused by the uncontrolled discharge, dumping or tipping of such waste;
Whereas in order to attain these objectives there should be a system of prior authorization as regards the discharge, dumping, storage, tipping or injecting of waste ; whereas the issue of this authorization should be made subject to specific conditions;
Whereas discharge, dumping, storage, tipping and injecting of waste must be accompanied both by monitoring of the waste and monitoring and surveillance of the environment concerned;
Whereas for existing industrial establishments Member States must, by 1 July 1980, draw up programmes for the progressive reduction of pollution caused by such waste with a view to its elimination ; whereas these programmes must fix the general reduction targets to be attained by 1 July 1987 at the latest and indicate the measures to be taken for each establishment;
Whereas for new industrial establishments Member States must issue a prior authorization ; whereas such authorization must be preceded by an environmental impact study and may be granted only to firms which undertake to use only those materials, processes and techniques available on the market that are least damaging to the environment,
Article 1
1. The aim of this Directive is the prevention and progressive reduction, with a view to its elimination, of pollution caused by waste from the titanium dioxide industry. (1)OJ No C 28, 9.2.1976, p. 16. (2)OJ No C 131, 12.6.1976, p. 18. (3)OJ No C 112, 20.12.1973, p. 3. (4)OJ No C 139, 13.6.1977, p. 3. (5)OJ No L 194, 25.7.1975, p. 39.
2. For the purpose of this Directive: (a) "pollution" means the discharge by man, directly or indirectly, of any residue from the titanium dioxide manufacturing process into the environment, the results of which are such as to cause hazards to human health, harm to living resources and to ecosystems, damage to amenities or interference with other legitimate uses of the environment concerned;
(b) "waste" means: - any residue from the titanium dioxide manufacturing process of which the holder disposes or is obliged to dispose under current national legislation;
- any residue from a treatment process of a residue referred to in the first indent;
(c) "disposal" means: - the collection, sorting, transport and treatment of waste as well as its storage and tipping above ground or underground and its injection into the ground;
- the discharge thereof into surface water, ground water and the sea, and dumping at sea;
- the transformation operations necessary for its re-use, recovery or recycling;
(d) "existing industrial establishments" means those industrial establishments already set up on the date of notification of this Directive;
(e) "new industrial establishments" means those industrial establishments which are in the process of being set up on the date of entry into force of this Directive or which are set up after that date. Extensions to existing industrial establishments leading to an increase of 15 000 tonnes per year or more in the titanium dioxide on-site production capacity of the establishment concerned shall be treated as new industrial establishments.
Article 2
Member States shall take the necessary measures to ensure that waste is disposed of without endangering human health and without harming the environment, and in particular: - without risk to water, air, soil and plants and animals;
- without deleteriously affecting beauty-spots or the countryside.
Article 3
Member States shall take appropriate measures to encourage the prevention, recycling and processing of waste, the extraction of raw materials and any other process for the re-use of waste.
Article 4
1. The discharge, dumping, storage, tipping and injection of waste are prohibited unless prior authorization is issued by the competent authority of the Member State in whose territory the waste is produced. Prior authorization must also be issued by the competent authority of the Member State - in whose territory the waste is discharged, stored, tipped or injected;
- from whose territory it is discharged or dumped.
2. Authorization may be granted for a limited period only. It may be renewed.
Article 5
In the case of discharge or dumping, the competent authority may, in accordance with Article 2 and on the basis of the information supplied in accordance with Annex I, grant the authorization referred to in Article 4 provided that: (a) the waste cannot be disposed of by more appropriate means;
(b) an assessment carried out in the light of available scientific and technical knowledge shows that there will be no deleterious effect, either immediate or delayed, on the aquatic environment;
(c) there is no deleterious effect on boating, fishing, leisure activities, the extraction of raw materials, desalination, fish and shellfish breeding, on regions of special scientific importance or on other legitimate uses of the waters in question.
Article 6
In the case of storage, tipping or injection, the competent authority may, in accordance with Article 2, and on the basis of the information supplied in accordance with Annex I, grant the authorization referred to in Article 4, provided that: (a) the waste cannot be disposed of by more appropriate means;
(b) an assessment carried out in the light of available scientific and technical knowledge shows that there will be no detrimental effect, either immediate or delayed, on underground waters, the soil or the atmosphere;
(c) there is no deleterious effect on leisure activities, the extraction of raw materials, plants, animals, on regions of special scientific importance or on other legitimate uses of the environment in question.
Article 7
1. Irrespective of the method and extent of treatment of the waste in question, its discharge, dumping, storage, tipping and injection shall be accompanied by the monitoring referred to in Annex II of the waste and of the environment concerned having regard to its physical, chemical, biological and ecological aspects.
2. The monitoring operations shall be carried out periodically by one or more bodies appointed by the Member State the competent authority of which has issued the authorization provided for in Article 4. In the case of cross-frontier pollution between Member States, the body in question shall be appointed jointly by the parties concerned.
3. Within one year of notification of this Directive, the Commission shall submit to the Council a proposal on the procedures for the surveillance and monitoring of the environments concerned. The Council shall act on this proposal within six months of the publication of the opinion of the European Parliament and that of the Economic and Social Committee in the Official Journal of the European Communities.
Article 8
1. The competent authority in the Member State concerned shall take all appropriate steps to remedy one of the following situations and, if necessary, shall require the suspension of discharge, dumping, storage, tipping or injection operations: (a) if the results of the monitoring provided for in Annex II (A) (1) show that the conditions for the prior authorization referred to in Articles 4, 5 and 6 have not been fulfilled, or
(b) if the results of the acute toxicity tests referred to in Annex II (A) (2) show that the limits laid down therein have been exceeded, or
(c) if the results of the monitoring provided for in Annex II (B) reveal a deterioration in the environment concerned in the area under consideration, or
(d) if discharge or dumping produces a deleterious effect on boating, fishing, leisure activities, the extraction of raw materials, desalination, fish and shellfish breeding, on regions of special scientific importance or on other legitimate uses of the waters in question, or
(e) if storage, tipping or injection produces a deleterious effect on leisure activities, the extraction of raw materials, plants, animals, on regions of special scientific importance or on other legitimate uses of the environments in question.
2. If several Member States are concerned, the measures shall be taken after consultation.
Article 9
1. Member States shall draw up programmes for the progressive reduction and eventual elimination of pollution caused by waste from existing industrial establishments.
2. The programmes mentioned in paragraph 1 shall set general targets for the reduction of pollution from liquid, solid and gaseous waste, to be achieved by 1 July 1987 at the latest. The programmes shall also contain intermediate objectives. They shall, moreover, contain information on the state of the environment concerned, on measures for reducing pollution and on methods for treating waste that is directly caused by the manufacturing processes.
3. The programmes referred to in paragraph 1 shall be sent to the Commission by 1 July 1980 at the latest so that it may, within a period of six months after receipt of all the national programmes, submit suitable proposals to the Council for the harmonization of these programmes in regard to the reduction and eventual elimination of pollution and the improvement of the conditions of competition in the titanium dioxide industry. The Council shall act on these proposals within six months of the publication of the opinion of the European Parliament and that of the Economic and Social Committee in the Official Journal of the European Communities.
4. Member States shall introduce a programme by 1 January 1982 at the latest.
Article 10
1. The programmes referred to in Article 9 (1) must cover all existing industrial establishments and must set out the measures to be taken in respect of each of them.
2. Where, in particular circumstances, a Member State considers that, in the case of an individual establishment, no additional measures are necessary to fulfil the requirements of this Directive, it shall, within six months of notification of this Directive, provide the Commission with the evidence which has led it to that conclusion.
3. After conducting any independent verification of the evidence that may be necessary, the Commission may agree with the Member State that it is not necessary to take additional measures in respect of the individual establishment concerned. The Commission must give its agreement, with reasons, within six months.
4. If the Commission does not agree with the Member State, additional measures in respect of that establishment shall be included in the programme of the Member State concerned.
5. If the Commission does agree, its agreement will be periodically reviewed in the light of the results of the monitoring carried out pursuant to this Directive and in the light of any significant change in the manufacturing processes or in environmental policy objectives.
Article 11
New industrial establishments shall be subject to applications for prior authorization made to the competent authorities of the Member State on whose territory it is proposed to build the establishments. Such authorizations must be preceded by environmental impact surveys. They may be granted only to firms which give an undertaking to use only such of the materials, processes and techniques available on the market as are least damaging to the environment.
Article 12
Without prejudice to this Directive, Member States may adopt more stringent regulations.
Article 13
1. For the purposes of this Directive, Member States shall supply the Commission with all the necessary information relating to: - the authorizations issued pursuant to Articles 4, 5 and 6,
- the results of the monitoring of the environment concerned carried out pursuant to Article 7,
- the measures taken pursuant to Article 8.
They shall also supply the Commission with general information concerning the materials, processes and techniques notified to them pursuant to Article 11.
2. Information acquired as a result of the application of this Article may be used only for the purposes of this Directive.
3. The Commission and the competent authorities of the Member States, their officials and other servants shall not disclose information acquired by them pursuant to this Directive and of a kind covered by the obligation of professional secrecy.
4. Paragraphs 2 and 3 shall not prevent publication of general information or surveys which do not contain information relating to particular undertakings or associations of undertakings.
Article 14
Every three years the Member States shall prepare a report on the prevention and progressive reduction of pollution caused by waste from the titanium dioxide industry and shall forward it to the Commission, which shall communicate it to the other Member States.
The Commission shall report every three years to the Council and the European Parliament on the application of this Directive.
Article 15
1. Member States shall bring into force the measures needed to comply with this Directive within 12 months, of its notification and shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the national laws which they adopt in the field covered by this Directive.
Article 16
This Directive is addressed to the Member States. | [
"UKPGA19740040"
] |
31978L0319 | 1978 | Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas any disparity between the provisions on disposal of toxic and dangerous waste already applicable or in preparation in the various Member States may create unequal conditions of competition and thus directly affect the functioning of the common market ; whereas it is therefore necessary to approximate laws in this field, as provided for in Article 100 of the Treaty;
Whereas it seems necessary that this approximation of laws be accompanied by Community action so that one of the aims of the Community in the sphere of protection of the environment and improvement of the quality of life can be achieved by more extensive rules ; whereas certain specific provisions to this effect should therefore be laid down ; whereas Article 235 of the Treaty should be invoked as the powers required for this purpose have not been provided for by the Treaty;
Whereas the 1973 (3) and 1977 (4) programmes of action of the European Communities on the environment stress the need for Community action in order to control the disposal of toxic and dangerous waste;
Whereas the essential objective of all provisions relating to the disposal of toxic or dangerous waste must be the protection of human health and the safeguarding of the environment against harmful effects caused by the collection of toxic and dangerous waste as well as its carriage, treatment, storage and tipping;
Whereas the prevention, recycling and recovery of toxic and dangerous waste and the use of recovered materials should be encouraged in order to conserve natural resources;
Whereas in order to ensure an effective protection of the environment, provision should be made for a uniform system of permits for undertakings which store, treat and/or tip toxic and dangerous waste ; whereas unauthorized holders of toxic and dangerous waste should have it stored and/or treated only by authorized undertakings;
Whereas that proportion of the cost of the disposal of toxic and dangerous waste not covered by the proceeds of treating the waste must be defrayed in accordance with the "polluter pays" principle; (1)OJ No C 30, 17.2.1977, p. 27. (2)OJ No C 77, 30.3.1977, p. 5. (3)OJ No C 112, 20.12.1973, p. 3. (4)OJ No C 139, 13.6.1977, p. 3.
Whereas provision should be made for a system of monitoring and supervision of all installations, establishments, or undertakings which produce, hold or dispose of toxic and dangerous waste, for the keeping of proper records regarding disposal, to ensure that any carriage of toxic and dangerous waste in the course of its disposal is accompanied by an identification form, and for the drawing up of programmes which take into account the various waste disposal operations;
Whereas, in order to coordinate action in this field, Member States should draw up a situation report on the disposal of toxic and dangerous waste;
Whereas technical progress necessitates rapid adaptation of the list of the toxic and dangerous waste to which this Directive applies ; whereas, in order to facilitate the introduction of the measures required for this purpose, a procedure should be provided for whereby close cooperation would be established between the Member States and the Commission within a Committee on Adaptation to Technical Progress established under this Directive,
Article 1
For the purposes of this Directive: (a) "waste" means any substance or object which the holder disposes of or is required to dispose of pursuant to the provisions of national law in force;
(b) "toxic and dangerous waste" means any waste containing or contaminated by the substances or materials listed in the Annex to this Directive of such a nature, in such quantities or in such concentrations as to constitute a risk to health or the environment;
(c) "disposal" means - the collection, sorting, carriage and treatment of toxic and dangerous waste, as well as its storage and tipping above or under ground;
- the transformation operations necessary for its recovery, re-use or recycling.
Article 2
When Member States which are parties to one or more international conventions concerning the carriage of dangerous goods are applying those conventions, this shall be adequate for the purposes of this Directive so far as carriage is concerned, provided that the measures being applied in implementation of the conventions are at least as stringent as those required for the implementation of the Directive.
Article 3
The following shall be excluded from the scope of this Directive: (a) radioactive waste;
(b) animal carcases and agricultural waste of faecal origin;
(c) explosives;
(d) hospital waste;
(e) effluents discharged into sewers and water-courses;
(f) emissions to the atmosphere;
(g) household waste;
(h) mining waste;
(i) other toxic and dangerous waste covered by specific Community rules.
Article 4
Member States shall take appropriate steps to encourage, as a matter of priority, the prevention of toxic and dangerous waste, its processing and recycling, the extraction of raw materials and possibly of energy therefrom and any other process for the re-use of such waste.
Article 5
1. Member States shall take the necessary measures to ensure that toxic and dangerous waste is disposed of without endangering human health and without harming the environment, and in particular: - without risk to water, air, soil, plants or animals;
- without causing a nuisance through noise or odours;
- without adversely affecting the countryside or places of special interest.
2. Member States shall in particular take the necessary steps to prohibit the abandonment and uncontrolled discharge, tipping or carriage of toxic and dangerous waste, as well as its consignment to installations, establishments or undertakings other than those referred to in Article 9 (1).
Article 6
Member States shall designate or establish the competent authority or authorities to be responsible, in a given area, for the planning, organization, authorization and supervision of operations for the disposal of toxic and dangerous waste.
Article 7
Member States shall take the necessary steps to ensure that: - toxic and dangerous waste is, where necessary, kept separate from other matter and residues when being collected, transported stored or deposited;
- the packaging of toxic and dangerous waste is appropriately labelled, indicating in particular the nature, composition and quantity of the waste;
- such toxic and dangerous waste is recorded and identified in respect of each site where it is or has been deposited.
Article 8
Member States may at any time take more stringent measures with regard to toxic and dangerous waste than those provided for in this Directive.
Article 9
1. Installations, establishments or undertakings which carry out the storage, treatment and/or deposit of toxic and dangerous waste must obtain a permit from the competent authorities. Such waste may be stored, treated, and/or deposited only by installations, establishments or undertakings holding such permits. Undertakings engaged in the carriage of toxic and dangerous waste shall be controlled by the competent authorities of the Member States.
2. The permit referred to in paragraph 1 shall cover in particular: - the type and quantity of waste;
- the technical requirements;
- the precautions to be taken;
- the disposal site(s);
- the methods of disposal.
This permit may also lay down the specific information to be made available at the request of the competent authorities.
3. Permits may include conditions and obligations. They may be granted for a specified period and may be renewed.
Article 10
Any person producing or holding toxic and dangerous waste without the permit referred to in Article 9 (1) shall as soon as possible have such waste stored, treated and/or deposited by an installation, establishment or undertaking authorized to do so under the said Article.
Article 11
1. In accordance with the "polluter pays" principle, the cost of disposing of toxic and dangerous waste, less any proceeds from treating the waste, shall be borne by:
- the holder who has waste handled by a waste collector or by an installation, establishment or undertaking referred to in Article 9 (1);
and/or
- the previous holders or the producer of the product from which the waste came.
2. If Member States charge levies on the monies used to cover the costs referred to in paragraph 1, the yield thereof may also be used for the following purposes: - financing control measures relating to toxic and dangerous waste;
- financing research pertaining to the elimination of toxic and dangerous waste.
Article 12
1. The competent authorities shall draw up and keep up to date plans for the disposal of toxic and dangerous waste. The plans shall cover in particular: - the type and quantity of waste to be disposed of;
- the methods of disposal;
- specialized treatment centres where necessary;
- suitable disposal sites.
The competent authorities of the Member States may include other specific aspects, in particular the estimated cost of the disposal operations.
2. The competent authorities shall make public the plans referred to in paragraph 1. The Member States shall forward these plans to the Commission.
3. The Commission, together with the Member States, shall arrange for regular comparisons of the plans in order to ensure that implementation of this Directive is sufficiently coordinated.
Article 13
In cases of emergency or grave danger, Member States shall take all necessary steps, including, where appropriate, temporary derogations from this Directive, to ensure that toxic and dangerous waste is so dealt with as not to constitute a threat to the population or the environment. The Member States shall inform the Commission of such derogations.
Article 14
1. Any installation, establishment, or undertaking which produces, holds and/or disposes of toxic and dangerous waste shall: - keep a record of the quantity, nature, physical and chemical characteristics and origin of such waste, and of the methods and sites used for disposing of such waste, including the dates of receipt and disposal;
and/or
- make this information available to the competent authorities on request.
2. When toxic and dangerous waste is transported in the course of disposal it shall be accompanied by an identification form containing at least the following details: - nature;
- composition;
- volume or mass of the waste;
- name and address of the producer or of the previous holder(s);
- name and address of the next holder or of the final disposer;
- location of the site of final disposal where known.
3. Documentary evidence that the disposal operations have been carried out shall be kept for as long as the Member States deem necessary.
This evidence shall, where necessary, be addressed to the relevant authorities of the Member States concerned.
Article 15
1. Any installation, establishment or undertaking producing holding or disposing of toxic and dangerous waste shall be subject to inspection and supervision by the competent authorities to ensure that the provisions adopted in application of this Directive and the terms of any authorization are fulfilled.
2. To this end, Member States shall take the necessary measures to ensure that the installations, establishments or undertakings concerned afford the representatives of the competent authorities all necessary assistance to enable them to carry out any examinations, inspections or investigations concerning the waste, to take samples and to gather any information necessary for the fulfilment of their duties.
Article 16
1. Every three years, and for the first time three years following the notification of this Directive, Member States shall draw up a situation report on the disposal of toxic and dangerous waste in their respective countries and shall forward it to the Commission. The Commission shall circulate this report to the other Member States.
2. The Commission shall report every three years to the Council and to the European Parliament on the application of this Directive.
Article 17
1. The amendments necessary for adapting this Directive to scientific and technical progress shall be: - to state the name and composition of the toxic and dangerous substances and materials listed in the Annex;
- to add to the Annex toxic and dangerous substances and materials unknown at the time of notification of this Directive.
They shall be adopted in accordance with the procedure referred to in Article 19.
2. In adapting the Annex to technical and scientific progress, account shall be taken of the immediate or long term hazard to man and the environment presented by waste by reason of its toxicity, persistence, bioaccumulative characteristics, physical and chemical structure and/or quantity.
Article 18
1. A Committee for adapting this Directive to technical progress (hereinafter called "the Committee") is hereby set up. It shall consist of representatives of the Member States and be chaired by a representative of the Commission.
2. The Committee shall draw up its rules of procedure.
Article 19
1. Where the procedure laid down in this Article is to be followed, matters shall be referred to the Committee by the chairman, either on his own initiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit which may be determined by the chairman according to the urgency of the matter. It shall decide by a majority of 41 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged where these are in accordance with the opinion of the Committee.
(b) Where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion has been given, the Commission shall forthwith propose to the Council the measures to be adopted. The Council shall act by a qualified majority.
(c) If, within three months of the proposal being submitted to it, the Council has not acted, the measures proposed shall be adopted by the Commission.
Article 20
The Member States shall prohibit all acts which intentionally or unintentionally circumvent the provisions of this Directive.
Article 21
1. Member States shall bring into force the measures necessary to comply with this Directive within 24 months of its notification. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 22
This Directive is addressed to the Member States. | [
"UKSI19810196"
] |
31978L0420 | 1978 | Council Directive 78/420/EEC of 2 May 1978 amending Second Directive 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas Second Council Directive 75/319/EEC of 20 May 1975 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products (3) set up a Committee for Proprietary Medicinal Products, hereinafter referred to as "the Committee", and entrusted it with the task of giving opinions on whether particular proprietary medicinal products comply with the requirements of Council Directive 65/65/EEC of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products (4);
Whereas Articles 9 and 10 of Directive 75/319/EEC provide that, where the Community procedure is to be applied, the Member State which has issued a marketing authorization shall forward a dossier to the Committee which shall forthwith forward the dossier to the competent authorities of the Member States specified by the person responsible for marketing;
Whereas experience has shown that the provision that the dossiers shall pass through the Committee instead of being sent directly to the Member States concerned results in administrative problems in the forwarding of voluminous documentation and in delays in the work of the Committee;
Whereas, in order to solve these problems and to reduce the delays, it is necessary to amend these provisions to enable the Member State which initially issued the marketing authorization to send the dossier directly to the Member States concerned as well as to the Committee,
Article 1
The following shall be substituted for Article 9 of Directive 75/319/EEC:
"Article 9 1. The Member State which has issued a marketing authorization for a proprietary medicinal product shall, if the person responsible for marketing has requested forwarding to at least five other Member States, forward a dossier containing a copy of this request and a copy of the authorization together with the particulars and documents listed in the second paragraph of Article 4 of Directive 65/65/EEC to the Committee and to the competent authorities of the Member States specified.
2. Such forwarding shall be deemed to be equivalent to the submission of an application for marketing authorization, within the meaning of Article 4 of Directive 65/65/EEC, to the said authorities.
3. The Committee shall without delay inform the Member States concerned that the dossier has been received by the Committee."
Article 2
In Article 10 (1) of Directive 75/319/EEC the words "transmission of the information referred to in Article 9 (3)" shall be substituted for "forwarding referred to in Article 9 (2)".
Article 3
This Directive is addressed to the Member States. | [
"UKSI19771038",
"UKSI19771055"
] |
31978L0632 | 1978 | Commission Directive 78/632/EEC of 19 May 1978 adapting to technical progress Council Directive 74/60/EEC on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of controls, the roof or opening roof, the backrest and rear part of the seats)
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers (1), as amended by the Act of Accession, and in particular Articles 11, 12 and 13 thereof,
Having regard to Council Directive 74/60/EEC of 17 December 1973 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of controls, the roof or opening roof, the backrest and rear part of the seats) (2),
Whereas in view of the experience gained and of the state of the art it is now possible to match the requirements more closely to actual test conditions;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives aimed at the Removal of Technical Barriers to Trade in the Motor Vehicle Sector,
Article 1
The Annexes to Directive 74/60/EEC are amended as shown in the Annex to this Directive.
Article 2
1. With effect from 1 January 1979 no Member State may on grounds relating to the interior fittings of motor vehicles (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of the controls, the roof or opening roof, the backrest and rear part of the seats): - refuse in respect of a type of vehicle to grant EEC-type approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type approval ; or
- prohibit the entry into service of vehicles if the interior fittings (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of the controls, the roof or opening roof, the backrest and rear part of the seats) of such type of vehicle or of such vehicles comply with the provisions of Directive 74/60/EEC, as amended by this Directive.
2. With effect from 1 January 1979 Member States: - may no longer issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the interior fittings (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of the controls, the roof or opening roof, the backrest and rear part of the seats) do not comply with the provisions of Directive 74/60/EEC, as amended by this Directive,
- may refuse to grant national type approval in respect of a type of vehicle of which the interior fittings (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of the controls, the roof or opening roof, the backrest (1)OJ No L 42, 23.2.1970, p. 1. (2)OJ No L 38, 11.2.1974, p. 2.
and rear part of the seats) do not comply with the provisions of Directive 74/60/EEC, as amended by this Directive.
3. With effect from 1 October 1982 Member States may prohibit the entry into service of vehicles of which the interior fittings (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of the controls, the roof or opening roof, the backrest and rear part of the seats) do not comply with the provisions of Directive 74/60/EEC, as amended by this Directive.
Article 3
The Member States shall bring into force the provisions necessary to comply with this Directive not later than 1 January 1979 and shall forthwith inform the Commission thereof.
Article 4
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31978L0507 | 1978 | Commission Directive 78/507/EEC of 19 May 1978 adapting to technical progress Council Directive 76/114/EEC on the approximation of the laws of the Member States relating to statutory plates and inscriptions for motor vehicles and their trailers, and their location and method of attachment
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers (1), as amended by the Act of Accession, and in particular to Articles 11, 12 and 13 thereof,
Having regard to Council Directive 76/114/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to statutory plates and inscriptions for motor vehicles and their trailers, and their location and method of attachment (2),
Whereas the International Organization for Standardization (ISO) has now adopted two International Standards relating to a world classification system enabling the manufacturer of a vehicle (3), and also a vehicle (4) to be identified ; whereas it is therefore advisable to incorporate this system of manufacturer identification into Directive 76/114/EEC and, at the same time, to align the requirements of said Directive with the ISO Standard relating to vehicle identification;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives Aimed at the Removal of Technical Barriers to Trade in the Motor-Vehicle Sector,
Article 1
The Annex to Directive 76/114/EEC is amended as shown in the Annex to this Directive.
Article 2
1. With effect from 1 October 1978 no Member State may on grounds relating to the statutory plates and inscriptions, their location and method of attachment: - refuse in respect of a type of vehicle to grant EEC type-approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or
- prohibit the entry into service of vehicles,
if the statutory plates and inscriptions, their location and attachment of such type of vehicle or of such vehicles comply with the provisions of Directive 76/114/EEC as amended by this Directive.
2. With effect from 1 October 1981 Member States: - may no longer issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the statutory plates and inscriptions, their location and attachment do not comply with the provisions of Directive 76/114/EEC as amended by this Directive;
- may refuse to grant national type-approval in respect of a type of vehicle of which statutory plates and inscriptions, their location and attachment do not comply with the provisions of Directive 76/114/EEC as amended by this Directive.
3. With effect from 1 October 1981 Member States may prohibit the entry into service of vehicles of which the statutory plates and inscriptions, their location and attachment do not comply with the provisions of Directive 76/114/EEC as amended by this Directive.
Article 3
The Member States shall bring into force the provisions necessary to comply with this Directive not later than 1 October 1978 and shall forthwith inform the Commission thereof.
Article 4
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31978L0548 | 1978 | Council Directive 78/548/EEC of 12 June 1978 on the approximation of the laws of the Member States relating to heating systems for the passenger compartment of motor vehicles
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to heating systems for the passenger compartment of motor vehicles;
Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules in order, in particular, to allow the EEC type-approval procedure, which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3), as last amended by Directive 78/547/EEC (4), to be introduced in respect of each type of vehicle;
Whereas the approximation of national laws relating to motor vehicles entails the mutual recognition by Member States of the inspections carried out by each of them on the basis of the common requirements,
Article 1
For the purposes of this Directive, "vehicle" means any motor vehicle in category M1 (as defined in Annex I to Directive 70/156/EEC) designed for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to the heating system for the passenger compartment if the system satisfies the requirements laid down in Annex I.
Article 3
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to the heating system for the passenger compartment if the system satisfies the requirements laid down in Annex I.
Article 4
Any amendments necessary to adapt the provisions of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
This procedure shall also apply to the introduction into this Directive of provisions on auxiliary heating systems intended to be permanently installed in the vehicle.
Article 5
1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the (1)OJ No C 118, 16.5.1977, p. 29. (2)OJ No C 114, 11.5.1977, p. 6. (3)OJ No L 42, 23.2.1970, p. 1. (4)See page 39 of this Official Journal.
field covered by this Directive are communicated to the Commission.
Article 6
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31978L0549 | 1978 | Council Directive 78/549/EEC of 12 June 1978 on the approximation of the laws of the Member States relating to the wheel guards of motor vehicles
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to the wheel guards of motor vehicles;
Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules in order, in particular, to allow the EEC type-approval procedure which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3), as last amended by Directive 78/547/EEC (4), to be introduced in respect of each type of vehicle;
Whereas the approximation of national laws relating to motor vehicles entails the mutual recognition by Member States of the inspections carried out by each of them on the basis of the common requirements,
Article 1
For the purposes of this Directive, "vehicle" means any motor vehicle in category M1 (as defined in Annex I to Directive 70/156/EEC) designed for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to the wheel guards if they satisfy the requirements laid down in Annex I.
Article 3
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to the wheel guards if they satisfy the requirements laid down in Annex I.
Article 4
Any amendments necessary to adapt the provisions of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 5
1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the (1)OJ No C 118, 16.5.1977, p. 29. (2)OJ No C 114, 11.5.1977, p. 6. (3)OJ No L 42, 23.2.1970, p. 1. (4)See page 39 of this Official Journal.
field covered by this Directive are communicated to the Commission.
Article 6
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31978L0665 | 1978 | Commission Directive 78/665/EEC of 14 July 1978 adapting to technical progress Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against pollution of the air by gases from positive ignition engines installed in motor vehicles
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as amended by the Act of Accession, and in particular Articles 11, 12 and 13 thereof,
Having regard to Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against pollution of the air by gases from positive-ignition engines of motor vehicles (2), as amended by the Act of Accession, and in particular Article 5 thereof,
Whereas the first European Community programme of action on the environment approved on 22 November 1973 provides that Directives may be amended in order to take account of the most recent scientific progress and more specifically as regards the pollution of air by gases from spark-ignition engines;
Whereas the maximum permissible limits for carbon monoxide and unburnt hydrocarbons emitted by sparkignition engines fitted to motor vehicles were laid down in Directive 70/220/EEC ; whereas these limits were initially reduced by Council Directive 74/290/EEC of 28 May 1974 (3), and permissible limits for nitrogen oxide emissions were added by Commission Directive 77/102/EEC of 30 November 1976 (4);
Whereas the requirements relating to the protection of public health and the environment require a further short term reduction in these limits ; whereas the technical advances made in engine design now enable a reduction of this type to be made without running counter to Community policy aims in other fields and in particular that of the rational use of energy;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives aimed at the Removal of Technical Barriers to Trade in the Motor-Vehicle Sector,
Article 1
Annexes I, II, III, V and VII to Directive 70/220/EEC, as amended by Directive 74/290/EEC and by Directive 77/102/EEC, are hereby amended in accordance with the Annex to this Directive. (1)OJ No L 42, 23.2.1970, p. 1. (2)OJ No L 76, 6.4.1970, p. 1. (3)OJ No L 159, 15.6.1974, p. 61. (4)OJ No L 32, 3.2.1977, p. 32.
Article 2
1. From 1 April 1979, the Member States shall neither, on grounds relating to air pollution by gases from an engine: - refuse to grant EEC type-approval, or to issue the documents referred to in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval of a type of motor vehicle, nor
- prohibit the entry into service of such vehicles,
where the level of gaseous pollutants emitted from this type of motor vehicle or from such vehicles meets the requirements of Directive 70/220/EEC, as last amended by this Directive.
2. From 1 October 1979, Member States: - shall no longer issue the document provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of motor vehicle which emits gaseous pollutants at levels which do not meet the requirements of Directive 70/220/EEC, as last amended by this Directive,
- may refuse national type-approval of a type of motor vehicle which emits gaseous pollutants at levels which do not meet the requirements of Directive 70/220/EEC, as last amended by this Directive.
3. From 1 October 1981, Member States may prohibit the entry into service of vehicles which emit gaseous pollutants at levels which do not meet the requirements of Directive 70/220/EEC, as last amended by this Directive.
4. Before 1 January 1979, Member States shall put into force the provisions required in order to comply with this Directive and shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31978L0659 | 1978 | Council Directive 78/659/EEC of 18 July 1978 on the quality of fresh waters needing protection or improvement in order to support fish life
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the protection and improvement of the environment necessitates concrete measures to protect waters against pollution, including waters capable of supporting freshwater fish;
Whereas it is necessary from the ecological and economic viewpoint to safeguard fish populations from various harmful consequences, resulting from the discharge of pollutant substances into the waters, such as, in particular, the reduction in number of fish belonging to a certain species and even in some cases the disappearance of a number of these species;
Whereas the programmes of action of the European Communities on the environment of 1973 (3) and 1977 (4) provide that quality objectives are to be jointly drawn up fixing the various requirements which an environment must meet, inter alia the definition of parameters for water, including waters capable of supporting freshwater fish;
Whereas differences between the provisions already in force or in preparation in the various Member States as regards the quality of waters capable of supporting the life of freshwater fish may create unequal conditions of competition and thus directly affect the functioning of the common market ; whereas laws in the field should be approximated as provided for by Article 100 of the Treaty;
Whereas it is necessary to couple this approximation of laws with Community action aiming to achieve, by means of wider-ranging provisions, one of the Community's objectives in the field of environmental protection and the improvement of the quality of life ; whereas certain specific provisions must be laid down in this connection ; whereas, since the specific powers of action required to this end have not been provided for in the Treaty, it is necessary to invoke Article 235 thereof;
Whereas, in order to attain the objectives of the Directive, the Member States will have to designate the waters to which it will apply and will have to set limit values corresponding to certain parameters ; whereas action will be taken to ensure that the waters so designated will conform to these values within five years of this designation;
Whereas provision should be made that waters capable of supporting freshwater fish will, under certain conditions, be deemed to conform to the (1)OJ No C 30, 7.2.1977, p. 37. (2)OJ No C 77, 30.3.1977, p. 2. (3)OJ No C 112, 20.12.1973, p. 3. (4)OJ No C 139, 13.6.1977, p. 3.
relevant parametric values even if a certain percentage of samples taken does not comply with the limits specified in the Annex;
Whereas to ensure that the quality of waters capable of supporting freshwater fish is checked, a minimum number of samples should be taken and the measurements relating to parameters set out in the Annex should be carried out ; whereas such sampling may be reduced or discontinued in the light of the quality of the water;
Whereas the Member States are unable to control certain natural circumstances and it is therefore necessary to provide for the possibility of derogating from this Directive in certain cases;
Whereas technical and scientific progress may make necessary the rapid adaptation of certain of the requirements laid down in the Annexes to this Directive ; whereas, in order to facilitate the introduction of the measures required for this purpose, a procedure should be laid down whereby close cooperation would be established between the Member States and the Commission within a Committee on Adaptation to Technical and Scientific Progress,
Article 1
1. This Directive concerns the quality of fresh waters and applies to those waters designated by the Member States as needing protection or improvement in order to support fish life.
2. This Directive shall not apply to waters in natural or artificial fish ponds used for intensive fish-farming.
3. The aim of this Directive is to protect or improve the quality of those running or standing fresh waters which support or which, if pollution were reduced or eliminated, would become capable of supporting fish belonging to: - indigenous species offering a natural diversity, or
- species the presence of which is judged desirable for water management purposes by the competent authorities of the Member States.
4. For the purposes of this Directive: - salmonid waters shall mean waters which support or become capable of supporting fish belonging to species such as salmon (Salmo salar), trout (Salmo trutta), grayling (Thymallus thymallus) and whitefish (Coregonus),
- cyprinid waters shall mean waters which support or become capable of supporting fish belonging to the cyprinids (Cyprinidae), or other species such as pike (Esox lucius), perch (Perca fluviatilis) and eel (Anguilla anguilla).
Article 2
1. The physical and chemical parameters applicable to the waters designated by the Member States are listed in Annex I.
2. For the purposes of applying these parameters, waters are divided into salmonid waters and cyprinid waters.
Article 3
1. Member States shall, for the designated waters, set values for the parameters listed in Annex I, in so far as values are listed in column G or in column I. They shall comply with the comments contained in each of these two columns.
2. Member States shall not set values less stringent than those listed in column I of Annex I and shall endeavour to respect the values in column G taking into account the principle set out in Article 8.
Article 4
1. Member States shall, initially within a two year period following the notification of this Directive, designate salmonid waters and cyprinid waters.
2. Member States may subsequently make additional designations.
3. Member States may revise the designation of certain waters owing to factors unforeseen at the time of designation, taking into account the principle set out in Article 8.
Article 5
Member States shall establish programmes in order to reduce pollution and to ensure that designated waters conform within five years following designation in accordance with Article 4 to both the values set by the Member States in accordance with Article 3 and the comments contained in columns G and I of Annex I.
Article 6
1. For the purposes of implementing Article 5, the designated waters shall be deemed to conform to the provisions of this Directive if samples of such waters, taken at the minimum frequency specified in Annex I at the same sampling point and over a period of 12 months, show that they conform to both the values set by the Member States in accordance with Article 3 and to the comments contained in columns G and I of Annex I, in the case of: - 95 % of the samples for the parameters : pH, BOD5, non-ionized ammonia, total ammonium, nitrites, total residual chlorine, total zinc, and dissolved copper. When the sampling frequency is lower than one sample per month, both the abovementioned values and comments shall be respected for all the samples,
- the percentages listed in Annex I for the parameters : temperature and dissolved oxygen,
- the average concentration set for the parameter : suspended solids.
2. Instances in which the values set by Member States in accordance with Article 3 or the comments contained in columns G and I of Annex I are not respected shall not be taken into consideration in the calculation of the percentages provided for in paragraph 1 when they are the result of floods or other natural disasters.
Article 7
1. The competent authorities in the Member States shall carry out sampling operations, the minimum frequency of which is laid down in Annex I.
2. Where the competent authority records that the quality of designated waters is appreciably higher than that which would result from the application of the values set in accordance with Article 3 and the comments contained in columns G and I of Annex I, the frequency of the sampling may be reduced. Where there is no pollution or no risk of deterioration in the quality of the waters, the competent authority concerned may decide that no sampling is necessary.
3. If sampling shows that a value set by a Member State in accordance with Article 3 or a comment contained in either of columns G or I of Annex I is not respected, the Member State shall establish whether this is the result of chance, a natural phenomenon or pollution and shall adopt appropriate measures.
4. The exact sampling point, the distance from this point to the nearest point where pollutants are discharged and the depth at which the samples are to be taken shall be fixed by the competent authority of each Member State on the basis of local environmental conditions in particular.
5. Certain reference methods of analysis for the parameters concerned are set out in Annex I. Laboratories which employ other methods shall ensure that the results obtained are equivalent or comparable to those specified in Annex I.
Article 8
Implementation of the measures taken pursuant to this Directive may on no account lead, either directly or indirectly, to increased pollution of fresh water.
Article 9
Member States may at any time set more stringent values for designated waters than those laid down in this Directive. They may also lay down provisions relating to other parameters than those provided for in this Directive.
Article 10
When fresh waters cross or form national frontiers between Member States and when one of these States considers designating these waters, these States shall consult each other in order to determine the stretches of such waters to which the Directive might apply and the consequences to be drawn from the common quality objectives ; these consequences shall be determined, after formal consultations, by each State concerned. The Commission may participate in these deliberations.
Article 11
The Member States may derogate from this Directive: (a) in the case of certain parameters marked (0) in Annex I, because of exceptional weather or special geographical conditions;
(b) when designated waters undergo natural enrichment in certain substances, so that the values set out in Annex I are not respected.
Natural enrichment means the process whereby, without human intervention, a given body of water receives from the soil certain substances contained therein.
Article 12
Such amendments as are necessary for adapting to technical and scientific progress: - the G values for the parameters, and
- the methods of analysis,
contained in Annex I shall be adopted in accordance with the procedure laid down in Article 14.
Article 13
1. A Committee on Adaptation to Technical and Scientific Progress (hereinafter called "the Committee"), consisting of representatives of Member States and chaired by a Commission representative, is hereby set up for the purpose laid down in Article 12.
2. The Committee shall draw up its rules of procedure.
Article 14
1. Where the procedure laid down in this Article is to be followed, matters shall be referred to the Committee by its chairman, either on his own initiative or at the request of the representative of a Member State.
2. The Commission representative shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit set by the chairman having regard to the urgency of the matter. It shall act by a majority of 41 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged where they are in accordance with the opinion of the Committee.
(b) Where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is adopted, the Commission shall without delay submit a proposal to the Council concerning the measures to be adopted. The Council shall act by a qualified majority.
(c) If, within three months of the proposals being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 15
For the purposes of applying this Directive, Member States shall provide the Commission with information concerning: - the waters designated in accordance with Article 4 (1) and (2), in summary form,
- the revision of the designation of certain waters in accordance with Article 4 (3),
- the provisions laid down in order to establish new parameters in accordance with Article 9,
- the application of the derogations from the values listed in column I in Annex I.
More generally, Member States shall provide the Commission, on a reasoned request from the latter, with any information necessary for the application of this Directive.
Article 16
1. Member States shall, five years following the initial designation in accordance with Article 4 (1), and at regular intervals thereafter, submit a detailed report to the Commission on designated waters and the basic features thereof.
2. After prior consent has been obtained from the Member State concerned, the Commission shall publish the information obtained.
Article 17
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its notification. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 18
This Directive is addressed to the Member States. | [
"UKSI19971331",
"UKPGA19750051",
"UKPGA19740040"
] |
31978L0660 | 1978 | Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54 (3) (g) of the Treaty on the annual accounts of certain types of companies
Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (3) (g) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the coordination of national provisions concerning the presentation and content of annual accounts and annual reports, the valuation methods used therein and their publication in respect of certain companies with limited liability is of special importance for the protection of members and third parties;
Whereas simultaneous coordination is necessary in these fields for these forms of company because, on the one hand, these companies' activities frequently extend beyond the frontiers of their national territories and, on the other, they offer no safeguards to third parties beyond the amounts of their net assets ; whereas, moreover, the necessity for and the urgency of such coordination have been recognized and confirmed by Article 2 (1) (f) of Directive 68/151/EEC (3);
Whereas it is necessary, moreover, to establish in the Community minimum equivalent legal requirements as regards the extent of the financial information that should be made available to the public by companies that are in competition with one another;
Whereas annual accounts must give a true and fair view of a company's assets and liabilities, financial position and profit or loss ; whereas to this end a mandatory layout must be prescribed for the balance sheet and the profit and loss account and whereas the minimum content of the notes on the accounts and the annual report must be laid down ; whereas, however, derogations may be granted for certain companies of minor economic or social importance;
Whereas the different methods for the valuation of assets and liabilities must be coordinated to the extent necessary to ensure that annual accounts disclose comparable and equivalent information;
Whereas the annual accounts of all companies to which this Directive applies must be published in accordance with Directive 68/151/EEC ; whereas, however, certain derogations may likewise be granted in this area for small and medium-sized companies;
Whereas annual accounts must be audited by authorized persons whose minimum qualifications will be the subject of subsequent coordination ; whereas only small companies may be relieved of this audit obligation;
Whereas, when a company belongs to a group, it is desirable that group accounts giving a true and fair view of the activities of the group as a whole be published ; whereas, however, pending the entry into force of a Council Directive on consolidated accounts, derogations from certain provisions of this Directive are necessary;
Whereas, in order to meet the difficulties arising from the present position regarding legislation in certain Member States, the period allowed for the implementation of certain provisions of this Directive must be longer than the period generally laid down in such cases,
Article 1
1. The coordination measures prescribed by this Directive shall apply to the laws, regulations and (1)OJ No C 129, 11.12.1972, p. 38. (2)OJ No C 39, 7.6.1973, p. 31. (3)OJ No L 65, 14.3.1968, p. 8.
administrative provisions of the Member States relating to the following types of companies: - in Germany:
die Aktiengesellschaft, die Kommanditgesellschaft auf Aktien, die Gesellschaft mit beschränkter Haftung;
- in Belgium:
la société anonyme/de naamloze vennootschap, la société en commandite par actions / de commanditaire vennootschap op aandelen, la société de personnes à responsabilité limitée/de personenvennootschap met beperkte aansprakelijkheid;
- in Denmark:
aktieselskaber, kommanditaktieselskaber, anpartsselskaber;
- in France:
la société anonyme, la société en commandite par actions, la société à responsabilité limitée;
- in Ireland:
public companies limited by shares or by guarantee, private companies limited by shares or by guarantee;
- in Italy:
la società per azioni, la società in accomandita per azioni, la società a responsabilità limitata;
- in Luxembourg:
la société anonyme, la société en commandite par actions, la société à responsabilité limitée;
- in the Netherlands:
de naamloze vennootschap, de besloten vennootschap met beperkte aansprakelijkheid;
- in the United Kingdom:
public companies limited by shares or by guarantee, private companies limited by shares or by guarantee.
2. Pending subsequent coordination, the Member States need not apply the provisions of this Directive to banks and other financial institutions or to insurance companies.
SECTION 1 General provisions
Article 2
1. The annual accounts shall comprise the balance sheet, the profit and loss account and the notes on the accounts. These documents shall constitute a composite whole.
2. They shall be drawn up clearly and in accordance with the provisions of this Directive.
3. The annual accounts shall give a true and fair view of the company's assets, liabilities, financial position and profit or loss.
4. Where the application of the provisions of this Directive would not be sufficient to give a true and fair view within the meaning of paragraph 3, additional information must be given.
5. Where in exceptional cases the application of a provision of this Directive is incompatible with the obligation laid down in paragraph 3, that provision must be departed from in order to give a true and fair view within the meaning of paragraph 3. Any such departure must be disclosed in the notes on the accounts together with an explanation of the reasons for it and a statement of its effect on the assets, liabilities, financial position and profit or loss. The Member States may define the exceptional cases in question and lay down the relevant special rules.
6. The Member States may authorize or require the disclosure in the annual accounts of other information as well as that which must be disclosed in accordance with this Directive.
SECTION 2 General provisions concerning the balance sheet and the profit and loss account
Article 3
The layout of the balance sheet and of the profit and loss account, particularly as regards the form adopted for their presentation, may not be changed from one financial year to the next. Departures from this principle shall be permitted in exceptional cases. Any such departure must be disclosed in the notes on the accounts together with an explanation of the reasons therefor.
Article 4
1. In the balance sheet and in the profit and loss account the items prescribed in Articles 9, 10 and 23 to 26 must be shown separately in the order indicated. A more detailed subdivision of the items shall be authorized provided that the layouts are complied with. New items may be added provided that their contents are not covered by any of the items prescribed by the layouts. Such subdivision or new items may be required by the Member States.
2. The layout, nomenclature and terminology of items in the balance sheet and profit and loss account that are preceded by Arabic numerals must be adapted where the special nature of an undertaking so requires. Such adaptations may be required by the Member States of undertakings forming part of a particular economic sector.
3. The balance sheet and profit and loss account items that are preceded by Arabic numerals may be combined where: (a) they are immaterial in amount for the purposes of Article 2 (3) ; or
(b) such combination makes for greater clarity, provided that the items so combined are dealt with separately in the notes on the accounts. Such combination may be required by the Member States.
4. In respect of each balance sheet and profit and loss account item the figure relating to the corresponding item for the preceding financial year must be shown. The Member States may provide that, where these figures are not comparable, the figure for the preceding financial year must be adjusted. In any case, non-comparability and any adjustment of the figures must be disclosed in the notes on the accounts, with relevant comments.
5. Save where there is a corresponding item for the preceding financial year within the meaning of paragraph 4, a balance sheet or profit and loss account item for which there is no amount shall not be shown.
Article 5
1. By way of derogation from Article 4 (1) and (2), the Member States may prescribe special layouts for the annual accounts of investment companies and of financial holding companies provided that these layouts give a view of these companies equivalent to that provided for in Article 2 (3).
2. For the purposes of this Directive, "investment companies" shall mean only: (a) those companies the sole object of which is to invest their funds in various securities, real property and other assets with the sole aim of spreading investment risks and giving their shareholders the benefit of the results of the management of their assets;
(b) those companies associated with investment companies with fixed capital if the sole object of the companies so associated is to acquire fully paid shares issued by those investment companies without prejudice to the provisions of Article 20 (1) (h) of Directive 77/91/EEC (1).
3. For the purposes of this Directive, "financial holding companies" shall mean only those companies the sole object of which is to acquire holdings in other undertakings, and to manage such holdings and turn them to profit, without involving themselves directly or indirectly in the management of those undertakings, the aforegoing without prejudice to their rights as shareholders. The limitations imposed on the activities of these companies must be such that compliance with them can be supervised by an administrative or judicial authority.
Article 6
The Member States may authorize or require adaptation of the layout of the balance sheet and profit and loss account in order to include the appropriation of profit or the treatment of loss.
Article 7
Any set-off between asset and liability items, or between income and expenditure items, shall be prohibited.
SECTION 3 Layout of the balance sheet
Article 8
For the presentation of the balance sheet, the Member States shall prescribe one or both of the (1)OJ No L 26, 31.1.1977, p. 1.
layouts prescribed by Articles 9 and 10. If a Member State prescribes both, it may allow companies to choose between them.
Article 9
Assets
A. Subscribed capital unpaid
of which there has been called
(unless national law provides that called-up capital be shown under "Liabilities". In that case, the part of the capital called but not yet paid must appear as an asset either under A or under D (II) (5)).
B. Formation expenses
as defined by national law, and in so far as national law permits their being shown as an asset. National law may also provide for formation expenses to be shown as the first item under "Intangible assets".
C. Fixed assets
I. Intangible assets
1. Costs of research and development, in so far as national law permits their being shown as assets.
2. Concessions, patents, licences, trade marks and similar rights and assets, if they were: (a) acquired for valuable consideration and need not be shown under C (I) (3) ; or
(b) created by the undertaking itself, in so far as national law permits their being shown as assets.
3. Goodwill, to the extent that it was acquired for valuable consideration.
4. Payments on account.
II. Tangible assets
1. Land and buildings.
2. Plant and machinery.
3. Other fixtures and fittings, tools and equipment.
4. Payments on account and tangible assets in course of construction.
III. Financial assets
1. Shares in affiliated undertakings.
2. Loans to affiliated undertakings.
3. Participating interests.
4. Loans to undertakings with which the company is linked by virtue of participating interests.
5. Investments held as fixed assets.
6. Other loans.
7. Own shares (with an indication of their nominal value or, in the absence of a nominal value, their accounting par value) to the extent that national law permits their being shown in the balance sheet.
D. Current assets
I. Stocks
1. Raw materials and consumables.
2. Work in progress.
3. Finished goods and goods for resale.
4. Payments on account.
II. Debtors (Amounts becoming due and payable after more than one year must be shown separately for each item.)
1. Trade debtors.
2. Amounts owed by affiliated undertakings.
3. Amounts owed by undertakings with which the company is linked by virtue of participating interests.
4. Other debtors.
5. Subscribed capital called but not paid (unless national law provides that called-up capital be shown as an asset under A).
6. Prepayments and accrued income (unless national law provides for such items to be shown as an asset under E).
III. Investments
1. Shares in affiliated undertakings.
2. Own shares (with an indication of their nominal value or, in the absence of a nominal value, their accounting par value) to the extent that national law permits their being shown in the balance sheet.
3. Other investments.
IV. Cash at bank and in hand
E. Prepayments and accrued income
(unless national law provides for such items to be shown as an asset under D (II) (6)).
F. Loss for the financial year
(unless national law provides for it to be shown under A (VI) under "Liabilities").
Liabilities
A. Capital and reserves I. Subscribed capital
(unless national law provides for called-up capital to be shown under this item. In that case, the amounts of subscribed capital and paid-up capital must be shown separately).
II. Share premium account
III. Revaluation reserve
IV. Reserves 1. Legal reserve, in so far as national law requires such a reserve.
2. Reserve for own shares, in so far as national law requires such a reserve, without prejudice to Article 22 (1) (b) of Directive 77/91/EEC.
3. Reserves provided for by the articles of association.
4. Other reserves.
V. Profit or loss brought forward
VI. Profit or loss for the financial year
(unless national law requires that this item be shown under F under "Assets" or under E under "Liabilities").
B. Provisions for liabilities and charges
1. Provisions for pensions and similar obligations.
2. Provisions for taxation.
3. Other provisions.
C. Creditors
(Amounts becoming due and payable within one year and amounts becoming due and payable after more than one year must be shown separately for each item and for the aggregate of these items.) 1. Debenture loans, showing convertible loans separately.
2. Amounts owed to credit institutions.
3. Payments received on account of orders in so far as they are not shown separately as deductions from stocks.
4. Trade creditors.
5. Bills of exchange payable.
6. Amounts owed to affiliated undertakings.
7. Amounts owed to undertakings with which the company is linked by virtue of participating interests.
8. Other creditors including tax and social security.
9. Accruals and deferred income (unless national law provides for such items to be shown under D under "Liabilities").
D. Accruals and deferred income
(unless national law provides for such items to be shown under C (9) under "Liabilities").
E. Profit for the financial year
(unless national law provides for it to be shown under A (VI) under "Liabilities").
Article 10
A. Subscribed capital unpaid
of which there has been called
(unless national law provides that called-up capital be shown under L. In that case, the part of the capital called but not yet paid must appear either under A or under D (II) (5)).
B. Formation expenses
as defined by national law, and in so far as national law permits their being shown as an asset. National law may also provide for formation expenses to be shown as the first item under "Intangible assets".
C. Fixed assets
I. Intangible assets
1. Costs of research and development, in so far as national law permits their being shown as assets.
2. Concessions, patents, licences, trade marks and similar rights and assets, if they were: (a) acquired for valuable consideration and need not be shown under C (I) (3) ; or
(b) created by the undertaking itself, in so far as national law permits their being shown as assets.
3. Goodwill, to the extent that it was acquired for valuable consideration.
4. Payments on account.
II. Tangible assets
1. Land and buildings.
2. Plant and machinery.
3. Other fixtures and fittings, tools and equipment.
4. Payments on account and tangible assets in course of construction.
III. Financial assets
1. Shares in affiliated undertakings.
2. Loans to affiliated undertakings.
3. Participating interests.
4. Loans to undertakings with which the company is linked by virtue of participating interests.
5. Investments held as fixed assets.
6. Other loans.
7. Own shares (with an indication of their nominal value or, in the absence of a nominal value, their accounting par value) to the extent that national law permits their being shown in the balance sheet.
D. Current assets
I. Stocks
1. Raw materials and consumables.
2. Work in progress.
3. Finished goods and goods for resale.
4. Payments on account.
II. Debtors
(Amounts becoming due and payable after more than one year must be shown separately for each item.)
1. Trade debtors.
2. Amounts owed by affiliated undertakings.
3. Amounts owed by undertakings with which the company is linked by virtue of participating interests.
4. Other debtors.
5. Subscribed capital called but not paid (unless national law provides that called-up capital be shown under A).
6. Prepayments and accrued income (unless national law provides that such items be shown under E).
III. Investments
1. Shares in affiliated undertakings.
2. Own shares (with an indication of their nominal value or, in the absence of a nominal value, their accounting par value) to the extent that national law permits their being shown in the balance sheet.
3. Other investments.
IV. Cash at bank and in hand.
E. Prepayments and accrued income
(unless national law provides for such items to be shown under D (II) (6)).
F. Creditors : amounts becoming due and payable within one year
1. Debenture loans, showing convertible loans separately.
2. Amounts owed to credit institutions.
3. Payments received on account of orders in so far as they are not shown separately as deductions from stocks.
4. Trade creditors.
5. Bills of exchange payable.
6. Amounts owed to affiliated undertakings.
7. Amounts owed to undertakings with which the company is linked by virtue of participating interests.
8. Other creditors including tax and social security.
9. Accruals and deferred income (unless national law provides for such items to be shown under K).
G. Net current assets/liabilities (taking into account prepayments and accrued income when shown under E and accruals and deferred income when shown under K).
H. Total assets less current liabilities
I. Creditors : amounts becoming due and payable after more than one year
1. Debenture loans, showing convertible loans separately.
2. Amounts owed to credit institutions.
3. Payments received on account of orders in so far as they are not shown separately as deductions from stocks.
4. Trade creditors.
5. Bills of exchange payable.
6. Amounts owed to affiliated undertakings.
7. Amounts owed to undertakings with which the company is linked by virtue of participating interests.
8. Other creditors including tax and social security.
9. Accruals and deferred income (unless national law provides for such items to be shown under K).
J. Provisions for liabilities and charges
1. Provisions for pensions and similar obligations.
2. Provisions for taxation.
3. Other provisions.
K. Accruals and deferred income
(unless national law provides for such items to be shown under F (9) or I (9) or both).
L. Capital and reserves
I. Subscribed capital
(unless national law provides for called-up capital to be shown under this item. In that case, the amounts of subscribed capital and paid-up capital must be shown separately).
II. Share premium account
III. Revaluation reserve
IV. Reserves
1. Legal reserve, in so far as national law requires such a reserve.
2. Reserve for own shares, in so far as national law requires such a reserve, without prejudice to Article 22 (1) (b) of Directive 77/91/EEC.
3. Reserves provided for by the articles of association.
4. Other reserves.
V. Profit or loss brought forward
VI. Profit or loss for the financial year
Article 11
The Member States may permit companies which on their balance sheet dates do not exceed the limits of two of the three following criteria: - balance sheet total : 1 000 000 EUA,
- net turnover : 2 000 000 EUA,
- average number of employees during the financial year : 50
to draw up abridged balance sheets showing only those items preceded by letters and roman numerals in Articles 9 and 10, disclosing separately the information required in brackets in D (II) under "Assets" and C under "Liabilities" in Article 9 and in D (II) in Article 10, but in total for each.
Article 12
1. Where on its balance sheet date, a company exceeds or ceases to exceed the limits of two of the three criteria indicated in Article 11, that fact shall affect the application of the derogation provided for in that Article only if it occurs in two consecutive financial years.
2. For the purposes of translation into national currencies, the amounts in European units of account specified in Article 11 may be increased by not more than 10 %.
3. The balance sheet total referred to in Article 11 shall consist of the assets in A to E under "Assets" in the layout prescribed in Article 9 or those in A to E in the layout prescribed in Article 10.
Article 13
1. Where an asset or liability relates to more than one layout item, its relationship to other items must be disclosed either under the item where it appears or in the notes on the accounts, if such disclosure is essential to the comprehension of the annual accounts.
2. Own shares and shares in affiliated undertakings may be shown only under the items prescribed for that purpose.
Article 14
All commitments by way of guarantee of any kind must, if there is no obligation to show them as liabilities, be clearly set out at the foot of the balance sheet or in the notes on the accounts, and a distinction made between the various types of guarantee which national law recognizes ; specific disclosure must be made of any valuable security which has been provided. Commitments of this kind existing in respect of affiliated undertakings must be shown separately.
SECTION 4 Special provisions relating to certain balance sheet items
Article 15
1. Whether particular assets are to be shown as fixed assets or current assets shall depend upon the purpose for which they are intended.
2. Fixed assets shall comprise those assets which are intended for use on a continuing basis for the purposes of the undertaking's activities.
3. (a) Movements in the various fixed asset items shall be shown in the balance sheet or in the notes on the accounts. To this end there shall be shown separately, starting with the purchase price or production cost, for each fixed asset item, on the one hand, the additions, disposals and transfers during the financial year and, on the other, the cumulative value adjustments at the balance sheet date and the rectifications made during the financial year to the value adjustments of previous financial years. Value adjustments shall be shown either in the balance sheet, as clear deductions from the relevant items, or in the notes on the accounts.
(b) If, when annual accounts are drawn up in accordance with this Directive for the first time, the purchase price or production cost of a fixed asset cannot be determined without undue expense or delay, the residual value at the beginning of the financial year may be treated as the purchase price or production cost. Any application of this provision must be disclosed in the notes on the accounts.
(c) Where Article 33 is applied, the movements in the various fixed asset items referred to in subparagraph (a) of this paragraph shall be shown starting with the purchase price or production cost resulting from revaluation.
4. Paragraph 3 (a) and (b) shall apply to the presentation of "Formation expenses".
Article 16
Rights to immovables and other similar rights as defined by national law must be shown under "Land and buildings".
Article 17
For the purposes of this Directive, "participating interest" shall mean rights in the capital of other undertakings, whether or not represented by certificates, which, by creating a durable link with those undertakings, are intended to contribute to the company's activities. The holding of part of the capital of another company shall be presumed to constitute a participating interest where it exceeds a percentage fixed by the Member States which may not exceed 20 %.
Article 18
Expenditure incurred during the financial year but relating to a subsequent financial year, together with any income which, though relating to the financial year in question, is not due until after its expiry must be shown under "Prepayments and accrued income". The Member States may, however, provide that such income shall be included in "Debtors". Where such income is material, it must be disclosed in the notes on the accounts.
Article 19
Value adjustments shall comprise all adjustments intended to take account of reductions in the values of individual assets established at the balance sheet date whether that reduction is final or not.
Article 20
1. Provisions for liabilities and charges are intended to cover losses or debts the nature of which is clearly defined and which at the date of the balance sheet are either likely to be incurred, or certain to be incurred but uncertain as to amount or as to the date on which they will arise.
2. The Member States may also authorize the creation of provisions intended to cover charges which have their origin in the financial year under review or in a previous financial year, the nature of which is clearly defined and which at the date of the balance sheet are either likely to be incurred, or certain to be incurred but uncertain as to amount or as to the date on which they will arise.
3. Provisions for liabilities and charges may not be used to adjust the values of assets.
Article 21
Income receivable before the balance sheet date but relating to a subsequent financial year, together with any charges which, though relating to the financial year in question, will be paid only in the course of a subsequent financial year, must be shown under "Accruals and deferred income". The Member States may, however, provide that such charges shall be included in "Creditors". Where such charges are material, they must be disclosed in the notes on the accounts.
SECTION 5 Layout of the profit and loss account
Article 22
For the presentation of the profit and loss account, the Member States shall prescribe one or more of the layouts provided for in Articles 23 to 26. If a Member State prescribes more than one layout, it may allow companies to choose from among them.
Article 23
1. Net turnover.
2. Variation in stocks of finished goods and in work in progress.
3. Work performed by the undertaking for its own purposes and capitalized.
4. Other operating income.
5. (a) Raw materials and consumables.
(b) Other external charges.
6. Staff costs: (a) wages and salaries;
(b) social security costs, with a separate indication of those relating to pensions.
7. (a) Value adjustments in respect of formation expenses and of tangible and intangible fixed assets.
(b) Value adjustments in respect of current assets, to the extent that they exceed the amount of value adjustments which are normal in the undertaking concerned.
8. Other operating charges.
9. Income from participating interests, with a separate indication of that derived from affiliated undertakings.
10. Income from other investments and loans forming part of the fixed assets, with a separate indication of that derived from affiliated undertakings.
11. Other interest receivable and similar income, with a separate indication of that derived from affiliated undertakings.
12. Value adjustments in respect of financial assets and of investments held as current assets.
13. Interest payable and similar charges, with a separate indication of those concerning affiliated undertakings.
14. Tax on profit or loss on ordinary activities.
15. Profit or loss on ordinary activities after taxation.
16. Extraordinary income.
17. Extraordinary charges.
18. Extraordinary profit or loss.
19. Tax on extraordinary profit or loss.
20. Other taxes not shown under the above items.
21. Profit or loss for the financial year.
Article 24
A. Charges
1. Reduction in stocks of finished goods and in work in progress:
2. (a) raw materials and consumables;
(b) other external charges.
3. Staff costs: (a) wages and salaries;
(b) social security costs, with a separate indication of those relating to pensions.
4. (a) Value adjustments in respect of formation expenses and of tangible and intangible fixed assets.
(b) Value adjustments in respect of current assets, to the extent that they exceed the amount of value adjustments which are normal in the undertaking concerned.
5. Other operating charges.
6. Value adjustments in respect of financial assets and of investments held as current assets.
7. Interest payable and similar charges, with a separate indication of those concerning affiliated undertakings.
8. Tax on profit or loss on ordinary activities.
9. Profit or loss on ordinary activities after taxation.
10. Extraordinary charges.
11. Tax on extraordinary profit or loss.
12. Other taxes not shown under the above items.
13. Profit or loss for the financial year.
B. Income
1. Net turnover.
2. Increase in stocks of finished goods and in work in progress.
3. Work performed by the undertaking for its own purposes and capitalized.
4. Other operating income.
5. Income from participating interests, with a separate indication of that derived from affiliated undertakings.
6. Income from other investments and loans forming part of the fixed assets, with a separate indication of that derived from affiliated undertakings.
7. Other interest receivable and similar income, with a separate indication of that derived from affiliated undertakings.
8. Profit or loss on ordinary activities after taxation.
9. Extraordinary income.
10. Profit or loss for the financial year.
Article 25
1. Net turnover.
2. Cost of sales (including value adjustments).
3. Gross profit or loss.
4. Distribution costs (including value adjustments).
5. Administrative expenses (including value adjustments).
6. Other operating income.
7. Income from participating interests, with a separate indication of that derived from affiliated undertakings.
8. Income from other investments and loans forming part of the fixed assets, with a separate indication of that derived from affiliated undertakings.
9. Other interest receivable and similar income, with a separate indication of that derived from affiliated undertakings.
10. Value adjustments in respect of financial assets and of investments held as current assets.
11. Interest payable and similar charges, with a separate indication of those concerning affiliated undertakings.
12. Tax on profit or loss on ordinary activities.
Profit or loss on ordinary activities after taxation.
13. Profit or loss on ordinary activities after taxation. 14. Extraordinary income.
15. Extraordinary charges.
16. Extraordinary profit or loss.
17. Tax on extraordinary profit or loss.
18. Other taxes not shown under the above items.
19. Profit or loss for the financial year.
Article 26
A. Charges
1. Cost of sales (including value adjustments).
2. Distribution costs (including value adjustments).
3. Administrative expenses (including value adjustments).
4. Value adjustments in respect of financial assets and of investments held as current assets.
5. Interest payable and similar charges, with a separate indication of those concerning affiliated undertakings.
6. Tax on profit or loss on ordinary activities.
7. Profit or loss on ordinary activilties after taxation.
8. Extraordinary charges.
9. Tax on extraordinary profit or loss.
10. Other taxes not shown under the above items.
11. Profit or loss for the financial year.
B. Income
1. Net turnover.
2. Other operating income.
3. Income from participating interests, with a separate indication of that derived from affiliated undertakings.
4. Income from other investments and loans forming part of the fixed assets, with a separate indication of that derived from affiliated undertakings.
5. Other interest receivable and similar income, with a separate indication of that derived from affiliated undertakings.
6. Profit or loss on ordinary activities after taxation.
7. Extraordinary income.
8. Profit or loss for the financial year.
Article 27
The Member States may permit companies which on their balance sheet dates do not exceed the limits of two of the three following criteria: - balance sheet total : 4 million EUA,
- net turnover : 8 million EUA,
- average number of employees during the financial year : 250
to adopt layouts different from those prescribed in Articles 23 to 26 within the following limits: (a) in Article 23 : 1 to 5 inclusive may be combined under one item called "Gross profit or loss";
(b) in Article 24 : A (1), A (2) and B (1) to B (4) inclusive may be combined under one item called "Gross profit or loss";
(c) in Article 25 : (1), (2), (3) and (6) may be combined under one item called "Gross profit or loss";
(d) in Article 26, A (1), B (1) and B (2) may be combined under one item called "Gross profit or loss".
Article 12 shall apply.
SECTION 6 Special provisions relating to certain items in the profit and loss account
Article 28
The net turnover shall comprise the amounts derived from the sale of products and the provision of services falling within the company's ordinary activities, after deduction of sales rebates and of value added tax and other taxes directly linked to the turnover.
Article 29
1. Income and charges that arise otherwise than in the course of the company's ordinary activities must be shown under "Extraordinary income and extraordinary charges".
2. Unless the income and charges referred to in paragraph 1 are immaterial for the assessment of the results, explanations of their amount and nature must be given in the notes on the accounts. The same shall apply to income and charges relating to another financial year.
Article 30
The Member States may permit taxes on the profit or loss on ordinary activities and taxes on the extraordinary profit or loss to be shown in total as one item in the profit and loss account before "Other taxes not shown under the above items". In that case, "Profit or loss on ordinary activities after taxation" shall be omitted from the layouts prescribed in Articles 23 to 26.
Where this derogation is applied, companies must disclose in the notes on the accounts the extent to which the taxes on the profit or loss affect the profit or loss on ordinary activities and the "Extraordinary profit or loss".
SECTION 7 Valuation rules
Article 31
1. The Member States shall ensure that the items shown in the annual accounts are valued in accordance with the following general principles: (a) the company must be presumed to be carrying on its business as a going concern;
(b) the methods of valuation must be applied consistently from one financial year to another;
(c) valuation must be made on a prudent basis, and in particular: (aa) only profits made at the balance sheet date may be included,
(bb) account must be taken of all foreseeable liabilities and potential losses arising in the course of the financial year concerned or of a previous one, even if such liabilities or losses become apparent only between the date of the balance sheet and the date on which it is drawn up,
(cc) account must be taken of all depreciation, whether the result of the financial year is a loss or a profit;
(d) account must be taken of income and charges relating to the financial year, irrespective of the date of receipt or payment of such income or charges;
(e) the components of asset and liability items must be valued separately;
(f) the opening balance sheet for each financial year must correspond to the closing balance sheet for the preceding financial year.
2. Departures from these general principles shall be permitted in exceptional cases. Any such departures must be disclosed in the notes on the accounts and the reasons for them given together with an assessment of their effect on the assets, liabilities, financial position and profit or loss.
Article 32
The items shown in the annual accounts shall be valued in accordance with Articles 34 to 42, which are based on the principle of purchase price or production cost.
Article 33
1. The Member States may declare to the Commission that they reserve the power, by way of derogation from Article 32 and pending subsequent coordination, to permit or require in respect of all companies or any classes of companies: (a) valuation by the replacement value method for tangible fixed assets with limited useful economic lives and for stocks;
(b) valuation by methods other than that provided for in (a) which are designed to take account of inflation for the items shown in annual accounts, including capital and reserves;
(c) revaluation of tangible fixed assets and financial fixed assets.
Where national law provides for valuation methods as indicated in (a), (b) and (c), it must define their content and limits and the rules for their application.
The application of any such method, the balance sheet and profit and loss account items concerned and the method by which the values shown are calculated shall be disclosed in the notes on the accounts.
2. (a) Where paragraph 1 is applied, the amount of the difference between valuation by the method used and valuation in accordance with the general rule laid down in Article 32 must be entered in the revaluation reserve under "Liabilities". The treatment of this item for taxation purposes must be explained either in the balance sheet or in the notes on the accounts.
For purposes of the application of the last subparagraph of paragraph 1, companies shall, whenever the amount of the reserve has been changed in the course of the financial year, publish in the notes on the accounts inter alia a table showing: - the amount of the revaluation reserve at the beginning of the financial year,
- the revaluation differences transferred to the revaluation reserve during the financial year,
- the amounts capitalized or otherwise transferred from the revaluation reserve during the financial year, the nature of any such transfer being disclosed,
- the amount of the revaluation reserve at the end of the financial year.
(b) The revaluation reserve may be capitalized in whole or in part at any time.
(c) The revaluation reserve must be reduced to the extent that the amounts transferred thereto are no longer necessary for the implementation of the valuation method used and the achievement of its purpose.
The Member States may lay down rules governing the application of the revaluation reserve, provided that transfers to the profit and loss account from the revaluation reserve may be made only to the extent that the amounts transferred have been entered as charges in the profit and loss account or reflect increases in value which have been actually realized. These amounts must be disclosed separately in the profit and loss account. No part of the revaluation reserve may be distributed, either directly or indirectly, unless it represents gains actually realized.
(d) Save as provided under (b) and (c) the revaluation reserve may not be reduced.
3. Value adjustments shall be calculated each year on the basis of the value adopted for the financial year in question, save that by way of derogation from Articles 4 and 22, the Member States may permit or require that only the amount of the value adjustments arising as a result of the application of the general rule laid down in Article 32 be shown under the relevant items in the layouts prescribed in Articles 23 to 26 and that the difference arising as a result of the valuation method adopted under this Article be shown separately in the layouts. Furthermore, Articles 34 to 42 shall apply mutatis mutandis.
4. Where paragraph 1 is applied, the following must be disclosed, either in the balance sheet or in the notes on the accounts, separately for each balance sheet item as provided for in the layouts prescribed in Articles 9 and 10, except for stocks, either: (a) the amount at the balance sheet date of the valuation made in accordance with the general rule laid down in Article 32 and the amount of the cumulative value adjustments ; or
(b) the amount at the balance sheet date of the difference between the valuation made in accordance with this Article and that resulting from the application of Article 32 and, where appropriate, the cumulative amount of the additional value adjustments.
5. Without prejudice to Article 52 the Council shall, on a proposal from the Commission and within seven years of the notification of this Directive, examine and, where necessary, amend this Article in the light of economic and monetary trends in the Community.
Article 34
1. (a) Where national law authorizes the inclusion of formation expenses under "Assets", they must be written off within a maximum period of five years.
(b) In so far as formation expenses have not been completely written off, no distribution of profits shall take place unless the amount of the reserves available for distribution and profits brought forward is at least equal to that of the expenses not written off.
2. The amounts entered under "Formation expenses" must be explained in the notes on the accounts.
Article 35
1. (a) Fixed assets must be valued at purchase price or production cost, without prejudice to (b) and (c) below.
(b) The purchase price or production cost of fixed assets with limited useful economic lives must be reduced by value adjustments calculated to write off the value of such assets systematically over their useful economic lives.
(c) (aa) Value adjustments may be made in respect of financial fixed assets, so that they are valued at the lower figure to be attributed to them at the balance sheet date.
(bb) Value adjustments must be made in, respect of fixed assets, whether their useful economic lives are limited or not, so that they are valued at the lower figure to be attributed to them at the balance sheet date if it is expected that the reduction in their value will be permanent.
(cc) The value adjustments referred to in (aa) and (bb) must be charged to the profit and loss account and disclosed separately in the notes on the accounts if they have not been shown separately in the profit and loss account.
(dd) Valuation at the lower of the values provided for in (aa) and (bb) may not be continued if the reasons for which the value adjustments were made have ceased to apply.
(d) If fixed assets are the subject of exceptional value adjustments for taxation purposes alone, the amount of the adjustments and the reasons for making them shall be indicated in the notes on the accounts.
2. The purchase price shall be calculated by adding to the price paid the expenses incidental thereto.
3. (a) The production cost shall be calculated by adding to the purchasing price of the raw materials and consumables the costs directly attributable to the product in question.
(b) A reasonable proportion of the costs which are only indirectly attributable to the product in question may be added into the production costs to the extent that they relate to the period of production.
4. Interest on capital borrowed to finance the production of fixed assets may be included in the production costs to the extent that it relates to the period of production. In that event, the inclusion of such interest under "Assets" must be disclosed in the notes on the accounts.
Article 36
By way of derogation from Article 35 (1) (c) (cc), the Member States may allow investment companies within the meaning of Article 5 (2) to set off value adjustments to investments directly against "Capital and reserves". The amounts in question must be shown separately under "Liabilities" in the balance sheet.
Article 37
1. Article 34 shall apply to costs of research and development. In exceptional cases, however, the Member States may permit derogations from Article 34 (1) (a). In that case, they may also provide for derogations from Article 34 (1) (b). Such derogations and the reasons for them must be disclosed in the notes on the accounts.
2. Article 34 (1) (a) shall apply to goodwill. The Member States may, however, permit companies to write goodwill off systematically over a limited period exceeding five years provided that this period does not exceed the useful economic life of the asset and is disclosed in the notes on the accounts together with the supporting reasons therefore.
Article 38
Tangible fixed assets, raw materials and consumables which are constantly being replaced and the overall value of which is of secondary importance to the undertaking may he shown under "Assets" at a fixed quantity and value, if the quantity, value and composition thereof do not vary materially.
Article 39
1. (a) Current assets must be valued at purchase price or production cost, without prejudice to (b) and (c) below.
(b) Value adjustments shall be made in respect of current assets with a view to showing them at the lower market value or, in particular circumstances, another lower value to be attributed to them at the balance sheet date.
(c) The Member States may permit exceptional value adjustments where, on the basis of a reasonable commercial assessment, these are necessary if the valuation of these items is not to be modified in the near future because of fluctuations in value. The amount of these value adjustments must be disclosed separately in the profit and loss account or in the notes on the accounts.
(d) Valuation at the lower value provided for in (b) and (c) may not be continued if the reasons for which the value adjustments were made have ceased to apply.
(e) If current assets are the subject of exceptional value adjustments for taxation purposes alone, the amount of the adjustments and the reasons for making them must he disclosed in the notes on the accounts.
2. The definitions of purchase price and of production cost given in Article 35 (2) and (3) shall apply. The Member States may also apply Article 35 (4). Distribution costs may not be included in production costs.
Article 40
1. The Member States may permit the purchase price or production cost of stocks of goods of the same category and all fungible items including investments to be calculated either on the basis of weighted average prices or by the "first in, first out" (FIFO) method, the "last in, first out" (LIFO) method, or some similar method.
2. Where the value shown in the balance sheet, following application of the methods of calculation specified in paragraph 1, differs materially, at the balance sheet date, from the value on the basis of the last known market value prior to the balance sheet date, the amount of that difference must be disclosed in total by category in the notes on the accounts.
Article 41
1. Where the amount repayable on account of any debt is greater than the amount received, the difference may be shown as an asset. It must be shown separately in the balance sheet or in the notes on the accounts.
2. The amount of this difference must be written off by a reasonable amount each year and completely written off no later than the time of repayment of the debt.
Article 42
Provisions for liabilities and charges may not exceed in amount the sums which are necessary.
The provisions shown in the balance sheet under "Other provisions" must be disclosed in the notes on the accounts if they are material.
SECTION 8 Contents of the notes on the accounts
Article 43
1. In addition to the information required under other provisions of this Directive, the notes on the accounts must set out information in respect of the following matters at least: (1) the valuation methods applied to the various items in the annual accounts, and the methods employed in calculating the value adjustments. For items included in the annual accounts which are or were originally expressed in foreign currency, the bases of conversion used to express them in local currency must be disclosed;
(2) the name and registered office of each of the undertakings in which the company, either itself or through a person acting in his own name but on the company's behalf, holds at least a percentage of the capital which the Member States cannot fix at more than 20 %, showing the proportion of the capital held, the amount of capital and reserves, and the profit or loss for the latest financial year of the undertaking concerned for which accounts have been adopted. This information may be omitted where for the purposes of Article 2 (3) it is of negligible importance only. The information concerning capital and reserves and the profit or loss may also be omitted where the undertaking concerned does not publish its balance sheet and less than 50 % of its capital is held (directly or indirectly) by the company;
(3) the number and the nominal value or, in the absence of a nominal value, the accounting par value of the shares subscribed during the financial year within the limits of an authorized capital, without prejudice as far as the amount of this capital is concerned to Article 2 (1) (e) of Directive 68/151/EEC or to Article 2 (c) of Directive 77/91/EEC;
(4) where there is more than one class of shares, the number and the nominal value or, in the absence of a nominal value, the accounting par value for each class;
(5) the existence of any participation certificates, convertible debentures or similar securities or rights, with an indication of their number and the rights they confer;
(6) amounts owed by the company becoming due and payable after more than five years as well as the company's entire debts covered by valuable security furnished by the company with an indication of the nature and form of the security. This information must be disclosed separately for each creditors item, as provided for in the layouts prescribed in Articles 9 and 10;
(7) the total amount of any financial commitments that are not included in the balance sheet, in so far as this information is of assistance in assessing the financial position. Any commitments concerning pensions and affiliated undertakings must be disclosed separately;
(8) the net turnover within the meaning of Article 28, broken down by categories of activity and into geographical markets in so far as, taking account of the manner in which the sale of products and the provision of services falling within the company's ordinary activities are organized, these categories and markets differ substantially from one another;
(9) the average number of persons employed during the financial year, broken down by categories and, if they are not disclosed separately in the profit and loss account, the staff costs relating to the financial year, broken down as provided for in Article 23 (6);
(10) the extent to which the calculation of the profit or loss for the financial year has been affected by a valuation of the items which, by way of derogation from the principles enunciated in Articles 31 and 34 to 42, was made in the financial year in question or in an earlier financial year with a view to obtaining tax relief. Where the influence of such a valuation on future tax charges is material, details must be disclosed;
(11) the difference between the tax charged for the financial year and for earlier financial years and the amount of tax payable in respect of those years, provided that this difference is material for purposes of future taxation. This amount may also be disclosed in the balance sheet as a cumulative amount under a separate item with an appropriate heading;
(12) the amount of the emoluments granted in respect of the financial year to the members of the administrative, managerial and supervisory bodies by reason of their responsibilities, and any commitments arising or entered into in respect of retirement pensions for former members of those bodies, with an indication of the total for each category;
(13) the amount of advances and credits granted to the members of the administrative, managerial and supervisory bodies, with indications of the interest rates, main conditions and any amounts repaid, as well as commitments entered into on their behalf by way of guarantees of any kind, with an indication of the total for each category.
2. Pending subsequent coordination, the Member States need not apply paragraph 1 (2) to financial holding companies within the meaning of Article 5 (3).
Article 44
The Member States may permit the companies referred to in Article 11 to draw up abridged notes on their accounts without the information required in Article 43 (1) (5) to (12). However, the notes must disclose the information specified in Article 43 (1) (6) in total for all the items concerned.
Article 12 shall apply.
Article 45
1. The Member States may allow the disclosures prescribed in Article 43 (1) (2): (a) to take the form of a statement deposited in accordance with Article 3 (1) and (2) of Directive 68/151/EEC ; this must be disclosed in the notes on the accounts;
(b) to be omitted when their nature is such that they would be seriously prejudicial to any of the undertakings to which Article 43 (1) (2) relates. The Member States may make such omissions subject to prior administrative or judicial authorization. Any such omission must be disclosed in the notes on the accounts.
2. Paragraph 1 (b) shall also apply to the information prescribed by Article 43 (1) (8).
The Member States may permit the companies referred to in Article 27 to omit the disclosures prescribed by Article 43 (1) (8). Article 12 shall apply.
SECTION 9 Contents of the annual report
Article 46
1. The annual report must include at least a fair review of the development of the company's business and of its position.
2. The report shall also give an indication of: (a) any important events that have occurred since the end of the financial year;
(b) the company's likely future development;
(c) activities in the field of research and development;
(d) the information concerning acquisitions of own shares prescribed by Article 22 (2) of Directive 77/91/EEC.
SECTION 10 Publication
Article 47
1. The annual accounts, duly approved, and the annual report, together with the opinion submitted by the person responsible for auditing the accounts, shall be published as laid down by the laws of each Member State in accordance with Article 3 of Directive 68/151/EEC.
The laws of a Member State may, however, permit the annual report not to be published as stipulated above. In that case, it shall be made available to the public at the company's registered office in the Member State concerned. It must be possible to obtain a copy of all or part of any such report free of charge upon request.
2. By way of derogation from paragraph 1, the Member States may permit the companies referred to in Article 11 to publish: (a) abridged balance sheets showing only those items preceded by letters and roman numerals in Articles 9 and 10, disclosing separately the information required in brackets in D (II) under "Assets" and C under "Liabilities" in Article 9 and in D (II) in Article 10but in total for all the items concerned ; and
(b) abridged notes on their accounts without the explanations required in Article 43 (1) (5) to (12). However, the notes must disclose the information specified in Article 43 (1) (6) in total for all the items concerned.
Article 12 shall apply.
In addition, the Member States may relieve such companies from the obligation to publish their profit and loss accounts and annual reports and the opinions of the persons responsible for auditing the accounts.
3. The Member States may permit the companies mentioned in Article 27 to publish: (a) abridged balance sheets showing only those items preceded by letters and roman numerals in Articles 9 and 10 disclosing separately, either in the balance sheet or in the notes on the accounts: - C (I) (3), C (II) (1),(2),(3) and (4), C (III) (1), (2), (3), (4) and (7), D (II) (2), (3) and (6) and D (III) (1) and (2) under "Assets" and C (1), (2), (6), (7) and (9) under "Liabilities" in Article 9,
- C (I) (3), C (II) (1), (2), (3) and (4), C (III) (1), (2), (3), (4) and (7), D (II) (2), (3) and (6), D (III) (1)and (2), F (1), (2), (6), (7) and (9) and (I) (1), (2), (6), (7) and (9) in Article 10,
- the information required in brackets in D (II) under "Assets" and C under "Liabilities" in Article 9, in total for all the items concerned and separately for D (II) (2) and (3) under "Assets" and C (1), (2), (6), (7) and (9)under "Liabilities",
- the information required in brackets in D (II) in Article 10, in total for all the items concerned, and separately for D (II) (2) and (3);
(b) abridged notes on their accounts without the information required in Article 43 (1) (5), (6), (8), (10) and (11). However, the notes on the accounts must give the information specified in Article 43 (1) (6) in total for all the items concerned.
This paragraph shall be without prejudice to paragraph 1 in so far as it relates to the profit and loss account, the annual report and the opinion of the person responsible for auditing the accounts.
Article 12 shall apply.
Article 48
Whenever the annual accounts and the annual report are published in full, they must be reproduced in the form and text on the basis of which the person responsible for auditing the accounts has drawn up his opinion. They must be accompanied by the full text of his report. If the person responsible for auditing the accounts has made any qualifications or refused to report upon the accounts, that fact must be disclosed and the reasons given.
Article 49
If the annual accounts are not published in full, it must be indicated that the version published is abridged and reference must be made to the register in which the accounts have been filed in accordance with Article 47 (1). Where such filing has not yet been effected, the fact must be disclosed. The report issued by the person responsible for auditing the accounts may not accompany this publication, but it must be disclosed whether the report was issued with or without qualification, or was refused.
Article 50
The following must be published together with the annual accounts, and in like manner: - the proposed appropriation of the profit or treatment of the loss,
- the appropriation of the profit or treatment of the loss,
where these items do not appear in the annual accounts.
SECTION 11 Auditing
Article 51
1. (a) Companies must have their annual accounts audited by one or more persons authorized by national law to audit accounts.
(b) The person or persons responsible for auditing the accounts must also verify that the annual report is consistent with the annual accounts for the same financial year.
2. The Member States may relieve the companies referred to in Article 11 from the obligation imposed by paragraph 1.
Article 12 shall apply.
3. Where the exemption provided for in paragraph 2 is granted the Member States shall introduce appropriate sanctions into their laws for cases in which the annual accounts or the annual reports of such companies are not drawn up in accordance with the requirements of this Directive.
SECTION 12 Final provisions
Article 52
1. A Contact Committee shall be set up under the auspices of the Commission. Its function shall be: (a) to facilitate, without prejudice to the provisions of Articles 169 and 170 of the Treaty, harmonized application of this Directive through regular meetings dealing in particular with practical problems arising in connection with its application;
(b) to advise the Commission, if necessary, on additions or amendments to this Directive.
2. The Contact Committee shall be composed of representatives of the Member States and representatives of the Commission. The chairman shall be a representative of the Commission. The Commission shall provide the secretariat.
3. The Committee shall be convened by the chairman either on his own initiative or at the request of one of its members.
Article 53
1. For the purposes of this Directive, the European unit of account shall be that defined by Commission Decision No 3289/75/ECSC of 18 December 1975 (1). The equivalent in national currency shall be calculated initially at the rate obtaining on the date of adoption of this Directive.
2. Every five years the Council, acting on a proposal from the Commission, shall examine and, if need be, revise the amounts expressed in European units of account in this Directive, in the light of economic and monetary trends in the Community.
Article 54
This Directive shall not affect laws in the Member States requiring that the annual accounts of companies not falling within their jurisdiction be filed in a register in which branches of such companies are listed.
Article 55
1. The Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive within two years of its notification. They shall forthwith inform the Commission thereof.
2. The Member States may stipulate that the provisions referred to in paragraph 1 shall not apply until 18 months after the end of the period provided for in that paragraph.
That period of 18 months may, however, be five years: (a) in the case of unregistered companies in the United Kingdom and Ireland;
(b) for purposes of the application of Articles 9 and 10 and Articles 23 to 26 concerning the layouts for the balance sheet and the profit and loss account, where a Member State has brought other layouts for these documents into force not more than three years before the notification of this Directive;
(c) for purposes of the application of this Directive as regards the calculation and disclosure in balance sheets of depreciation relating to assets covered by the asset items mentioned in Article 9, C (II) (2) and (3), and Article 10, C (II) (2) and (3);
(d) for purposes of the application of Article 47 (1) of this Directive except as regards companies already under an obligation of publication under Article 2 (1) (f) of Directive 68/151/EEC. In this case the second subparagraph of Article 47 (1) of this Directive shall apply to the annual accounts and to the opinion drawn up by the person responsible for auditing the accounts;
(e) for purposes of the application of Article 51 (1) of this Directive.
Furthermore, this period of 18 months may be extended to eight years for companies the principal object of which is shipping and which are already in existence on the entry into force of the provisions referred to in paragraph 1.
3. The Member States shall ensure that they communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 56
The obligation to show in the annual accounts the items prescribed by Articles 9, 10 and 23 to 26 which relate to affiliated undertakings, and the obligation to provide information concerning these undertakings in accordance with Article 13 (2), 14 or 43 (1) (7), shall enter into force at the same time as a Council Directive on consolidated accounts.
Article 57
1. Until the entry into force of a Council Directive on consolidated accounts, and without prejudice to the provisions of Directives 68/151/EEC and 77/91/EEC, the Member States need not apply to the dependent companies of any group governed by their national laws the provisions of this Directive concerning the content, auditing and publication of the annual accounts of such dependent companies where the following conditions are fulfilled: (a) the dominant company must be subject to the laws of a Member State;
(b) all shareholders or members of the dependent company must have declared their agreement to the exemption from such obligation ; this declaration must be made in respect of every financial year;
(c) the dominant company must have declared that it guarantees the commitments entered into by the dependent company;
(d) the declarations referred to in (b) and (c) must be published by the dependent company in accordance with the first subparagraph of Article 47 (1);
(e) the annual accounts of the dependent company must be consolidated in the group's annual accounts; (1)OJ No L 327, 19.12.1975, p. 4.
(f) the exemption concerning the preparation, auditing and publication of the annual accounts of the dependent company must be disclosed in the notes on the group's annual accounts.
2. Articles 47 and 51 shall apply to the group's annual accounts.
3. Articles 2 to 46 shall apply as far as possible to the group's annual accounts.
Article 58
1. Until the entry into force of a Council Directive on consolidated accounts, and without prejudice to the provisions of Directive 77/91/EEC, the Member States need not apply to the dominant companies of groups governed by their national laws the provisions of this Directive concerning the auditing and publication of the profit and loss accounts of such dominant companies where the following conditions are fulfilled: (a) this exemption must be published by the dominant company in accordance with Article 47 (1);
(b) the annual accounts of the dominant company must be consolidated in the group's annual accounts;
(c) the exemption concerning the auditing and publication of the profit and loss account of the dominant company must be mentioned in the notes on the group's annual accounts;
(d) the profit or loss of the dominant company, determined in accordance with the principles of this Directive, must be shown in the balance sheet of the dominant company.
2. Articles 47 and 51 shall apply to the group's annual accounts.
3. Articles 2 to 46 shall apply as far as possible to the group's annual accounts.
Article 59
Pending subsequent coordination, the Member States may permit the valuation of holdings in affiliated undertakings by the equity method provided the following conditions are fulfilled: (a) the use of this method of valuation must be disclosed in the notes on the accounts of a company having such holdings;
(b) the amount of any differences existing when such holdings were acquired between their purchase price and the percentage of the capital which they represent, including the affiliated undertaking's reserves, profit and loss and profits and losses brought forward, must be shown separately in the balance sheet or in the notes on the accounts of a company having such holdings;
(c) the purchase price of these holdings shall be increased or reduced in the balance sheet of a company having such holdings by the profits or losses realized by the affiliated undertaking according to the percentage of capital held;
(d) the amounts specified in subparagraph (c) shall be shown each year in the profit and loss account of a company having such holdings as a separate item with an appropriate heading;
(e) when an affiliated undertaking distributes dividends to a company having such holdings, their book values shall be reduced accordingly;
(f) when the amounts shown in the profit and loss account in accordance with subparagraph (d) exceed the amounts of dividends already received or the payment of which can be claimed, the amount of the differences must be placed in a reserve which cannot be distributed to shareholders.
Article 60
Pending subsequent coordination, the Member States may prescribe that investments in which investment companies within the meaning of Article 5 (2) have invested their funds shall be valued on the basis of their market value.
In that case, the Member States may also waive the obligation on investment companies with variable capital to show separately the value adjustments referred to in Article 36.
Article 61
Until the entry into force of a Council Directive on consolidated accounts, the Member States need not apply to the dominant companies of groups governed by their national laws the provisions of Article 43 (1) (2) concerning the amount of capital and reserves and the profits and losses of the undertakings concerned if the annual accounts of such undertakings are consolidated into the group's annual accounts or if the holdings in those undertakings are valued by the equity method.
Article 62
This Directive is addressed to the Member States. | [
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31978L0855 | 1978 | Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54 (3) (g) of the Treaty concerning mergers of public limited liability companies
Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (3) (g) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the coordination provided for in Article 54 (3) (g) and in the general programme for the abolition of restrictions on freedom of establishment (4) was begun with Directive 68/151/EEC (5);
Whereas this coordination was continued as regards the formation of public limited liability companies and the maintenance and alteration of their capital with Directive 77/91/EEC (6), and as regards the annual accounts of certain types of companies with Directive 78/660/EEC (7);
Whereas the protection of the interests of members and third parties requires that the laws of the Member States relating to mergers of public limited liability companies be coordinated and that provision for mergers should be made in the laws of all the Member States;
Whereas in the context of such coordination it is particularly important that the shareholders of merging companies be kept adequately informed in as objective a manner as possible and that their rights be suitably protected;
Whereas the protection of employees' rights in the event of transfers of undertakings, businesses or parts of businesses is at present regulated by Directive 77/187/EEC (8);
Whereas creditors, including debenture holders, and persons having other claims on the merging companies must be protected so that the merger does not adversely affect their interests;
Whereas the disclosure requirements of Directive 68/151/EEC must be extended to include mergers so that third parties are kept adequately informed;
Whereas the safeguards afforded to members and third parties in connection with mergers must be extended to cover certain legal practices which in important respects are similar to merger, so that the obligation to provide such protection cannot be evaded; (1)OJ No C 89, 14.7.1970, p. 20. (2)OJ No C 129, 11.12.1972, p. 50 ; OJ No C 95, 28.4. 1975, p. 12. (3)OJ No C 88, 6.9.1971, p. 18. (4)OJ No 2, 15.1.1962, p. 36/62. (5)OJ No L 65, 14.3.1968, p. 8. (6)OJ No L 26, 31.1.1977, p. 1. (7)OJ No L 222, 14.8.1978, p. 11. (8)OJ No L 61, 5.3.1977, p. 26.
Whereas to ensure certainty in the law as regards relations between the companies concerned, between them and third parties, and between the members, the cases in which nullity can arise must be limited by providing that defects be remedied wherever that is possible and by restricting the period within which nullification proceedings may be commenced,
Article 1
Scope
1. The coordination measures laid down by this Directive shall apply to the laws, regulations and administrative provisions of the Member States relating to the following types of company: - Germany : die Aktiengesellschaft,
- Belgium : la société anonyme / de naamloze vennootschap,
- Denmark : aktieselskaber,
- France : la société anonyme,
- Ireland : public companies limited by shares, and public companies limited by guarantee having a share capital,
- Italy : la società per azioni,
- Luxembourg : la société anonyme,
- the Netherlands : de naamloze vennootschap,
- the United Kingdom : public companies limited by shares, and public companies limited by guarantee having a share capital.
2. The Member States need not apply this Directive to cooperatives incorporated as one of the types of company listed in paragraph 1. In so far as the laws of the Member States make use of this option, they shall require such companies to include the word "cooperative" in all the documents referred to in Article 4 of Directive 68/151/EEC.
3. The Member States need not apply this Directive in cases where the company or companies which are being acquired or will cease to exist are the subject of bankruptcy proceedings, proceedings relating to the winding-up of insolvent companies, judicial arrangements, compositions and analogous proceedings.
CHAPTER I Regulation of merger by the acquisition of one or more companies by another and of merger by the formation of a new company
Article 2
The Member States shall, as regards companies governed by their national laws, make provision for rules governing merger by the acquisition of one or more companies by another and merger by the formation of a new company.
Article 3
1. For the purposes of this Directive, "merger by acquisition" shall mean the operation whereby one or more companies are wound up without going into liquidation and transfer to another all their assets and liabilities in exchange for the issue to the shareholders of the company or companies being acquired of shares in the acquiring company and a cash payment, if any, not exceeding 10 % of the nominal value of the shares so issued or, where they have no nominal value, of their accounting par value.
2. A Member State's laws may provide that merger by acquisition may also be effected where one or more of the companies being acquired is in liquidation, provided that this option is restricted to companies which have not yet begun to distribute their assets to their shareholders.
Article 4
1. For the purposes of this Directive, "merger by the formation of a new company" shall mean the operation whereby several companies are wound up without going into liquidation and transfer to a company that they set up all their assets and liabilities in exchange for the issue to their shareholders of shares in the new company and a cash payment, if any, not exceeding 10 % of the nominal value of the shares so issued or, where they have no nominal value, of their accounting par value.
2. A Member State's laws may provide that merger by the formation of a new company may also be effected where one or more of the companies which are ceasing to exist is in liquidation, provided that this option is restricted to companies which have not yet begun to distribute their assets to their shareholders.
CHAPTER II Merger by acquisition
Article 5
1. The administrative or management bodies of the merging companies shall draw up draft terms of merger in writing.
2. Draft terms of merger shall specify at least: (a) the type, name and registered office of each of the merging companies;
(b) the share exchange ratio and the amount of any cash payment;
(c) the terms relating to the allotment of shares in the acquiring company;
(d) the date from which the holding of such shares entitles the holders to participate in profits and any special conditions affecting that entitlement;
(e) the date from which the transactions of the company being acquired shall be treated for accounting purposes as being those of the acquiring company;
(f) the rights conferred by the acquiring company on the holders of shares to which special rights are attached and the holders of securities other than shares, or the measures proposed concerning them;
(g) any special advantage granted to the experts referred to in Article 10 (1) and members of the merging companies' administrative, management, supervisory or controlling bodies.
Article 6
Draft terms of merger must be published in the manner prescribed by the laws of each Member State in accordance with Article 3 of Directive 68/151/EEC, for each of the merging companies, at least one month before the date fixed for the general meeting which is to decide thereon.
Article 7
1. A merger shall require at least the approval of the general meeting of each of the merging companies. The laws of the Member States shall provide that this decision shall require a majority of not less than two thirds of the votes attaching either to the shares or to the subscribed capital represented.
The laws of a Member State may, however, provide that a simple majority of the votes specified in the first subparagraph shall be sufficient when at least half of the subscribed capital is represented. Moreover, where appropriate, the rules governing alterations to the memorandum and articles of association shall apply.
2. Where there is more than one class of shares, the decision concerning a merger shall be subject to a separate vote by at least each class of shareholders whose rights are affected by the transaction.
3. The decision shall cover both the approval of the draft terms of merger and any alterations to the memorandum and articles of association necessitated by the merger.
Article 8
The laws of a Member State need not require approval of the merger by the general meeting of the acquiring company if the following conditions are fulfilled: (a) the publication provided for in Article 6 must be effected, for the acquiring company, at least one month before the date fixed for the general meeting of the company or companies being acquired which are to decide on the draft terms of merger;
(b) at least one month before the date specified in (a), all shareholders of the acquiring company must be entitled to inspect the documents specified in Article 11 (1) at the registered office of the acquiring company;
(c) one or more shareholders of the acquiring company holding a minimum percentage of the subscribed capital must be entitled to require that a general meeting of the acquiring company be called to decide whether to approve the merger. This minimum percentage may not be fixed at more than 5 %. The Member States may, however, provide for the exclusion of non-voting shares from this calculation.
Article 9
The administration or management bodies of each of the merging companies shall draw up a detailed written report explaining the draft terms of merger and setting out the legal and economic grounds for them, in particular the share exchange ratio.
The report shall also describe any special valuation difficulties which have arisen.
Article 10
1. One or more experts, acting on behalf of each of the merging companies but independent of them, appointed or approved by a judicial or administrative authority, shall examine the draft terms of merger and draw up a written report to the shareholders. However, the laws of a Member State may provide for the appointment of one or more independent experts for all the merging companies, if such appointment is made by a judicial or administrative authority at the joint request of those companies. Such experts may, depending on the laws of each Member State, be natural or legal persons or companies or firms.
2. In the report mentioned in paragraph 1 the experts must in any case state whether in their opinion the share exchange ratio is fair and reasonable. Their statement must at least: (a) indicate the method or methods used to arrive at the share exchange ratio proposed;
(b) state whether such method or methods are adequate in the case in question, indicate the values arrived at using each such method and give an opinion on the relative importance attributed to such methods in arriving at the value decided on.
The report shall also describe any special valuation difficulties which have arisen.
3. Each expert shall be entitled to obtain from the merging companies all relevant information and documents and to carry out all necessary investigations.
Article 11
1. All shareholders shall be entitled to inspect at least the following documents at the registered office at least one month before the date fixed for the general meeting which is to decide on the draft terms of merger: (a) the draft terms of merger;
(b) the annual accounts and annual reports of the merging companies for the preceding three financial years;
(c) an accounting statement drawn up as at a date which must not be earlier than the first day of the third month preceding the date of the draft terms of merger, if the latest annual accounts relate to a financial year which ended more than six months before that date;
(d) the reports of the administrative or management bodies of the merging companies provided for in Article 9;
(e) the reports provided for in Article 10.
2. The accounting statement provided for in paragraph 1 (c) shall be drawn up using the same methods and the same layout as the last annual balance sheet.
However, the laws of a Member State may provide that: (a) it shall not be necessary to take a fresh physical inventory;
(b) the valuations shown in the last balance sheet shall be altered only to reflect entries in the books of account ; the following shall nevertheless be taken into account: - interim depreciation and provisions,
- material changes in actual value not shown in the books.
3. Every shareholder shall be entitled to obtain, on request and free of charge, full or, if so desired, partial copies of the documents referred to in paragraph 1.
Article 12
Protection of the rights of the employees of each of the merging companies shall be regulated in accordance with Directive 77/187/EEC.
Article 13
1. The laws of the Member States must provide for an adequate system of protection of the interests of creditors of the merging companies whose claims antedate the publication of the draft terms of merger and have not fallen due at the time of such publication.
2. To this end, the laws of the Member States shall at least provide that such creditors shall be entitled to obtain adequate safeguards where the financial situation of the merging companies makes such protection necessary and where those creditors do not already have such safeguards.
3. Such protection may be different for the creditors of the acquiring company and for those of the company being acquired.
Article 14
Without prejudice to the rules governing the collective exercise of their rights, Article 13 shall apply to the debenture holders of the merging companies, except where the merger has been approved by a meeting of the debenture holders, if such a meeting is provided for under national laws, or by the debenture holders individually.
Article 15
Holders of securities, other than shares, to which special rights are attached, must be given rights in the acquiring company at least equivalent to those they possessed in the company being acquired, unless the alteration of those rights has been approved by a meeting of the holders of such securities, if such a meeting is provided for under national laws, or by the holders of those securities individually, or unless the holders are entitled to have their securities repurchased by the acquiring company.
Article 16
1. Where the laws of a Member State do not provide for judicial or administrative preventive supervision of the legality of mergers, or where such supervision does not extend to all the legal acts required for a merger, the minutes of the general meetings which decide on the merger and, where appropriate, the merger contract subsequent to such general meetings shall be drawn up and certified in due legal form. In cases where the merger need not be approved by the general meetings of all the merging companies, the draft terms of merger must be drawn up and certified in due legal form.
2. The notary or the authority competent to draw up and certify the document in due legal form must check and certify the existence and validity of the legal acts and formalities required of the company for which he or it is acting and of the draft terms of merger.
Article 17
The laws of the Member States shall determine the date on which a merger takes effect.
Article 18
1. A merger must be publicized in the manner prescribed by the laws of each Member State, in accordance with Article 3 of Directive 68/151/EEC, in respect of each of the merging companies.
2. The acquiring company may itself carry out the publication formalities relating to the company or companies being acquired.
Article 19
1. A merger shall have the following consequences ipso jure and simultaneously: (a) the transfer, both as between the company being acquired and the acquiring company and as regards third parties, to the acquiring company of all the assets and liabilities of the company being acquired;
(b) the shareholders of the company being acquired become shareholders of the acquiring company;
(c) the company being acquired ceases to exist.
2. No shares in the acquiring company shall be exchanged for shares in the company being acquired held either: (a) by the acquiring company itself or through a person acting in his own name but on its behalf;
or
(b) by the company being acquired itself or through a person acting in his own name but on its behalf.
3. The foregoing shall not affect the laws of Member States which require the completion of special formalities for the transfer of certain assets, rights and obligations by the acquired company to be effective as against third parties. The acquiring company may carry out these formalities itself ; however, the laws of the Member States may permit the company being acquired to continue to carry out these formalities for a limited period which cannot, save in exceptional cases, be fixed at more than six months from the date on which the merger takes effect.
Article 20
The laws of the Member States shall at least lay down rules governing the civil liability towards the shareholders of the company being acquired of the members of the administrative or management bodies of that company in respect of misconduct on the part of members of those bodies in preparing and implementing the merger.
Article 21
The laws of the Member States shall at least lay down rules governing the civil liability towards the shareholders of the company being acquired of the experts responsible for drawing up on behalf of that company the report referred to in Article 10 (1) in respect of misconduct on the part of those experts in the performance of their duties.
Article 22
1. The laws of the Member States may lay down nullity rules for mergers in accordance with the following conditions only: (a) nullity must be ordered in a court judgment;
(b) mergers which have taken effect pursuant to Article 17 may be declared void only if there has been no judicial or administrative preventive supervision of their legality, or if they have not been drawn up and certified in due legal form, or if it is shown that the decision of the general meeting is void or voidable under national law;
(c) nullification proceedings may not be initiated more than six months after the date on which the merger becomes effective as against the person alleging nullity or if the situation has been rectified;
(d) where it is possible to remedy a defect liable to render a merger void, the competent court shall grant the companies involved a period of time within which to rectify the situation;
(e) a judgment declaring a merger void shall be published in the manner prescribed by the laws of each Member State in accordance with Article 3 of Directive 68/151/EEC;
(f) where the laws of a Member State permit a third party to challenge such a judgment, he may do so only within six months of publication of the judgment in the manner prescribed by Directive 68/151/EEC;
(g) a judgment declaring a merger void shall not of itself affect the validity of obligations owed by or in relation to the acquiring company which arose before the judgment was published and after the date referred to in Article 17;
(h) companies which have been parties to a merger shall be jointly and severally liable in respect of the obligations of the acquiring company referred to in (g).
2. By way of derogation from paragraph 1 (a), the laws of a Member State may also provide for the nullity of a merger to be ordered by an administrative authority if an appeal against such a decision lies to a court. Subparagraphs (b), (d), (e), (f), (g) and (h) shall apply by analogy to the administrative authority. Such nullification proceedings may not be initiated more than six months after the date referred to in Article 17.
3. The foregoing shall not affect the laws of the Member States on the nullity of a merger pronounced following any supervision other than judicial or administrative preventive supervision of legality.
CHAPTER III Merger by formation of a new company
Article 23
1. Articles 5, 6, 7 and 9 to 22 shall apply, without prejudice to Articles 11 and 12 of Directive 68/151/EEC, to merger by formation of a new company. For this purpose, "merging companies" and "company being acquired" shall mean the companies which will cease to exist, and "acquiring company" shall mean the new company.
2. Article 5 (2) (a) shall also apply to the new company.
3. The draft terms of merger and, if they are contained in a separate document, the memorandum or draft memorandum of association and the articles or draft articles of association of the new company shall be approved at a general meeting of each of the companies that will cease to exist.
4. The Member States need not apply to the formation of a new company the rules governing the verification of any consideration other than cash which are laid down in Article 10 of Directive 77/91/EEC.
CHAPTER IV Acquisition of one company by another which holds 90 % or more of its shares
Article 24
The Member States shall make provision, in respect of companies governed by their laws, for the operation whereby one or more companies are wound up without going into liquidation and transfer all their assets and liabilities to another company which is the holder of all their shares and other securities conferring the right to vote at general meetings. Such operations shall be regulated by the provisions of Chapter II, with the exception of Articles 5 (2) (b), (c) and (d), 9, 10, 11 (1) (d) and (e), 19 (1) (b), 20 and 21.
Article 25
The Member States need not apply Article 7 to the operations specified in Article 24 if the following conditions at least are fulfilled: (a) the publication provided for in Article 6 must be effected, as regards each company involved in the operation, at least one month before the operation takes effect;
(b) at least one month before the operation takes effect, all shareholders of the acquiring company must be entitled to inspect the documents specified in Article 11 (1) (a), (b) and (c) at the company's registered office. Article 11 (2) and (3) must apply;
(c) Article 8 (c) must apply.
Article 26
The Member States may apply Articles 24 and 25 to operations whereby one or more companies are wound up without going into liquidation and transfer all their assets and liabilities to another company, if all the shares and other securities specified in Article 24 of the company or companies being acquired are held by the acquiring company and/or by persons holding those shares and securities in their own names but on behalf of that company.
Article 27
In cases of merger where one or more companies are acquired by another company which holds 90 % or more, but not all, of the shares and other securities of each of those companies the holding of which confers the right to vote at general meetings, the Member States need not require approval of the merger by the general meeting of the acquiring company, provided that the following conditions at least are fulfilled: (a) the publication provided for in Article 6 must be effected, as regards the acquiring company, at least one month before the date fixed for the general meeting of the company or companies being acquired which is to decide on the draft terms of merger;
(b) at least one month before the date specified in (a), all shareholders of the acquiring company must be entitled to inspect the documents specified in Article 11 (1) (a), (b) and (c) at the company's registered office. Article 11 (2) and (3) must apply;
(c) Article 8 (c) must apply.
Article 28
The Member States need not apply Articles 9 to 11 to a merger within the meaning of Article 27 if the following conditions at least are fulfilled: (a) the minority shareholders of the company being acquired must be entitled to have their shares acquired by the acquiring company;
(b) if they exercise that right, they must be entitled to receive consideration corresponding to the value of their shares;
(c) in the event of disagreement regarding such consideration, it must be possible for the value of the consideration to be determined by a court.
Article 29
The Member States may apply Articles 27 and 28 to operations whereby one or more companies are wound up without going into liquidation and transfer all their assets and liabilities to another company if 90 % or more, but not all, of the shares and other securities referred to in Article 27 of the company or companies being acquired are held by that acquiring company and/or by persons holding those shares and securities in their own names but on behalf of that company.
CHAPTER V Other operations treated as mergers
Article 30
Where in the case of one of the operations referred to in Article 2 the laws of a Member State permit a cash payment to exceed 10 %, Chapters II and III and Articles 27, 28 and 29 shall apply.
Article 31
Where the laws of a Member State permit one of the operations referred to in Articles 2, 24 and 30, without all of the transferring companies thereby ceasing to exist, Chapter II, except for Article 19 (1) (c), Chapter III or Chapter IV shall apply as appropriate.
CHAPTER VI Final provisions
Article 32
1. The Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive within three years of its notification. They shall forthwith inform the Commission thereof.
2. However, provision may be made for a delay of five years from the entry into force of the provisions referred to in paragraph 1 for the application of those provisions to unregistered companies in the United Kingdom and Ireland.
3. The Member States need not apply Articles 13, 14 and 15 as regards the holders of convertible debentures and other convertible securities if, at the time when the laws, regulations and administrative provisions referred to in paragraph 1 come into force, the position of these holders in the event of a merger has previously been determined by the conditions of issue.
4. The Member States need not apply this Directive to mergers or to operations treated as mergers for the preparation or execution of which an act or formality required by national law has already been completed when the provisions referred to in paragraph 1 enter into force.
Article 33
This Directive is addressed to the Member States. | [
"UKSI19871991"
] |
31978L0932 | 1978 | Council Directive 78/932/EEC of 16 October 1978 on the approximation of the laws of the Member States relating to head restraints of seats of motor vehicles
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission [1],
Having regard to the opinion of the European Parliament [2],
Having regard to the opinion of the Economic and Social Committee [3],
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to head restraints;
Whereas those requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements, either in addition to or in place of their existing rules in order, in particular, to allow the EEC type-approval procedure, which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers [4], as last amended by Directive 78/547/EEC [5], to be introduced in respect of each type of vehicle;
Whereas the common requirements for the interior parts of the passenger compartment, the layout of the controls, the roof and backrest and rear part of the seats were laid down in Directive 74/60/EEC [6]; whereas those for the internal fittings relating to the protection of the driver from the steering mechanism in the event of an impact were laid down in Directive 74/297/EEC [7]; whereas those relating to the strength of the seats and their anchorages were laid down in Directive 74/408/EEC [8]; whereas those relating to anchorages for safety belts were laid down in Directive 76/115/EEC [9]; whereas those relating to safety belts and restraint systems were laid down in Directive 77/541/EEC [10];
Whereas a harmonized component type-approval procedure for head restraints makes it possible for each Member State to check compliance with the common construction and testing requirements and to inform the other Member States of its findings by sending a copy of the component type-approval certificate completed for each type of head restraint; whereas the placing of an EEC component type-approval mark on all head restraints manufactured in conformity with the approved type obviates any need for technical checks on these head restraints in the other Member States;
Whereas the approximation of national laws relating to motor vehicles entails mutual recognition by the Member States of checks carried out by each of them on the basis of the common requirements,
Article 1
1. Each Member State shall grant EEC component type-approval for any type of head restraint whether integrated or not in the seats of motor vehicles, which satisfies the construction and testing requirements laid down in Annexes I to V.
2. The Member State which has granted EEC component type-approval for the head restraints shall take the measures required in order to verify that production models conform to the approved type, in so far as this is necessary and if need be in cooperation with the competent authorities in the other Member States. Such verification shall be limited to spot checks.
Article 2
Member States shall, for each type of head restraint which they approve pursuant to Article 1, issue, to the manufacturer, or to his authorized representative, an EEC component type-approval mark conforming to the model shown in Annex VI.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between head restraints which have been type-approved pursuant to Article 1 and other devices.
Article 3
1. No Member State may prohibit the placing on the market of head restraints on grounds relating to their construction or method of functioning if they bear the EEC component type-approval mark.
2. Nevertheless, a Member State may prohibit the placing on the market of head restraints bearing the EEC component type-approval mark which consistently fail to conform to the approved type.
That State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.
Article 4
The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States a copy of the component type-approval certificates and extension certificates completed for each type of head restraint which they approve or refuse to approve.
Article 5
1. If the Member State which has granted EEC component type-approval finds that a number of head restraints bearing the same component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken, which may extend to withdrawal of EEC component type-approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.
2. The competent authorities of the Member States shall within one month inform each other of any withdrawal of EEC component type-approval, and of the reasons for such a measure.
Article 6
Any decision taken pursuant to the provisions adopted in implementation of this Directive, to refuse or withdraw component type-approval for a head restraint or prohibit its placing on the market or use shall set out in detail the reasons on which it is based. Such decision shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.
Article 7
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to its head restraints, if these bear the EEC component type-approval mark and are intended for installation in the type of vehicle submitted for type-approval.
Article 8
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to its head restraints, if these bear the EEC component type-approval mark and are intended for installation in the type of vehicle submitted for type-approval.
Article 9
For the purposes of this Directive, "vehicle" means any Category M1 motor vehicle (as defined in Annex I to Directive 70/156/EEC) intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.
Article 10
Any amendments necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 11
1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 12
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31978L1026 | 1978 | Council Directive 78/1026/EEC of 18 December 1978 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57, 66 and 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, pursuant to the Treaty, all discriminatory treatment based on nationality with regard to establishment and provision of services is prohibited as from the end of the transitional period ; whereas the principle of such treatment based on nationality applies in particular to the grant of any authorization required to practise as a veterinary surgeon and also to the registration with or membership of professional organizations or bodies;
Whereas it nevertheless seems desirable that certain provisions be introduced to facilitate the effective exercise of the right of establishment and freedom to provide services in respect of the activities of veterinary surgeons;
Whereas, pursuant to the Treaty, the Member States are required not to grant any form of aid likely to distort the conditions of establishment;
Whereas Article 57 (1) of the Treaty provides that Directives be issued for mutual recognition of diplomas, certificates and other evidence of formal qualifications ; whereas the aim of this Directive is the recognition of diplomas, certificates and other evidence of formal qualifications whereby activities in the field of veterinary medicine may be taken up and pursued;
Whereas, in view of the differences between the Member States regarding the nature and duration of the training of veterinary surgeons, certain coordinating provisions designed to enable Member States to proceed with the mutual recognition of diplomas, certificates and other evidence of formal qualifications should be laid down ; whereas such coordination has been effected by Council Directive 78/1027/EEC of 18 December 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of veterinary surgeons (4);
Whereas, with regard to the possession of a formal certificate of training, since a Directive on the mutual recognition of diplomas does not necessarily imply equivalence in the training covered by such diplomas, the use of such qualifications should be authorized only in the language of the Member State of origin or of the Member State from which the foreign national comes;
Whereas, to facilitate the application of this Directive by the national authorities, Member States may prescribe that, in addition to formal certificates of training, the person who satisfies the conditions of training required by this Directive must provide a certificate from the competent authorities of his country of origin or of (1)OJ No C 92, 20.7.1970, p. 18. (2)OJ No C 19, 28.2.1972, p. 10. (3)OJ No C 60, 14.6.1971, p. 3. (4)See page 7 of this Official Journal.
the country from which he comes stating that these certificates of training are those covered by the Directive;
Whereas, in the case of the provision of services, the requirement of registration with or membership of professional organizations or bodies, since it is related to the fixed and permanent nature of the activity pursued in the host country, would undoubtedly constitute an obstacle to the person wishing to provide the service, by reason of the temporary nature of his activity ; whereas this requirement should therefore be abolished ; whereas, however, in this event, control over professional discipline, which is the responsibility of these professional organizations or bodies, should be guaranteed ; whereas, to this end, it should be provided, subject to the application of Article 62 of the Treaty, that the person concerned may be required to submit to the competent authority of the host Member State particulars relating to the provision of services;
Whereas, with regard to the requirements relating to good character and good repute, a distinction should be drawn between the requirements to be satisfied on first taking up the profession and those to be satisfied in order to practise it;
Whereas, as far as the activities of employed veterinary surgeons are concerned, Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1) lays down no specific provisions relating to good character or good repute, professional discipline or use of title for the professions covered ; whereas, depending on the individual Member State, such rules are or may be applicable both to employed and self-employed persons ; whereas the activities of veterinary surgeons are subject in all Member States to possession of a diploma, certificate or other evidence of formal qualification as a veterinary surgeon ; whereas such activities are pursued by both employed and self-employed persons or by the same persons in both capacities in the course of their professional career ; whereas, in order to encourage as far as possible the free movement of those professional persons within the Community, it therefore appears necessary to extend this Directive to employed veterinary surgeons,
CHAPTER I SCOPE
Article 1
This Directive shall apply to the activities of veterinary surgeons.
CHAPTER II DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN VETERINARY MEDICINE
Article 2
Each Member State shall recognize the diplomas, certificates and other evidence of formal qualifications awarded to nationals of Member States by the other Member States in accordance with Article 1 of Directive 78/1027/EEC and which are listed in Article 3, by giving such qualifications, as far as the right to take up and pursue the activities of a veterinary surgeon is concerned, the same effect in its territory as those which the Member State itself awards.
Where a diploma, certificate or other evidence of formal qualifications as listed in Article 3 was issued before the implementation of this Directive, it shall be accompanied by a certificate from the competent authorities of the issuing country stating that it complies with Article 1 of Directive 78/1027/EEC.
Article 3
The diplomas, certificates and other evidence of formal qualifications referred to in Article 2 are as follows: (a) in Germany 1. Zeugnis über die tierärztliche Staatsprüfung (the State examination certificate in veterinary medicine) awarded by the competent authorities;
2. the certificates from the competent authorities of the Federal Republic of Germany stating that the diplomas awarded after 8 May 1945 by the competent authorities of the German Democratic Republic are recognized as equivalent to that listed in point 1 above;
(b) in Belgium
le diplôme légal de docteur en médecine vétérinaire - het wettelijke diploma van doctor in de veeartsenijkunde of doctor in de diergeneeskunde (diploma of doctor of veterinary medicine, required by law) awarded by the State Universities, the Central Examining Board, or the State University Education Examining Boards;
(c) in Denmark
bevis for bestået kandidateksamen i veterinaervidenskab (cand. med. vet.) (the certificate proving the passing of the examination for candidates in veterinary medicine) awarded by the "Kongelige Veterinaer- og Landbohøjskole";
(d) in France
le diplôme de docteur vétérinaire d'État (State degree in veterinary medicine);
(e) in Ireland 1. the degree of Bachelor in/of Veterinary Medicine (MVB); (1)OJ No L 257, 19.10.1968, p. 2.
2. the diploma of membership of the Royal College of Veterinary Surgeons (MRCVS) gained by examination after a full course of study at a veterinary school in Ireland;
(f) in Italy
il diploma di laurea di dottore in medicina veterinaria accompagnato dal diploma d'abilitazione all'esercizio della medicina veterinaria awarded by the Minister of Education on the basis of the findings of the competent State Examining Board;
(g) in Luxembourg 1. le diplôme d'État de docteur en médecine vétérinaire (the State diploma in veterinary medicine) awarded by the State Examining Board and endorsed by the Minister of Education;
2. diplomas conferring a higher education degree in veterinary medicine awarded in one of the countries of the Community and giving the right to take up training but not to practise the profession, and officially recognized by the Minister of Education in accordance with the law of 18 June 1969 on higher education and recognition of foreign degrees and diplomas, together with the certificate of practical training endorsed by the Minister of Public Health;
(h) in the Netherlands 1. het getuigschrift van met goed gevolg afgelegd diergeneeskundig examen (certificate proving the passing of the examination in veterinary medicine);
2. het getuigschrift van met goed gevolg afgelegd veeartsenijkundig examen (certificate proving the passing of the examination in veterinary medicine);
(i) in the United Kingdom
the degrees: - Bachelor of Veterinary Science (BVSc.),
- Bachelor of Veterinary Medicine (Vet.MB or BVet.Med.),
- Bachelor of Veterinary Medicine and Surgery (BVM and S or BVMS),
- the diploma of membership of the Royal College of Veterinary Surgeons (MRCVS) gained by examination after a full course of study at a veterinary school in the United Kingdom.
CHAPTER III EXISTING CIRCUMSTANCES
Article 4
In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications do not satisfy all the minimum training requirements laid down in Article 1 of Directive 78/1027/EEC, each Member State shall recognize, as being sufficient proof, the diplomas, certificates and other evidence of formal qualifications in veterinary medicine awarded by those Member States before the implementation of Directive 78/1027/EEC, accompanied by a certificate stating that those nationals have effectively and lawfully been engaged in the activities in question for at least three consecutive years during the five years prior to the date of issue of the certificate.
CHAPTER IV USE OF ACADEMIC TITLE
Article 5
1. Without prejudice to Article 13, host Member States shall ensure that the nationals of Member States who fulfil the conditions laid down in Articles 2 and 4 have the right to use the lawful academic title or, where appropriate, the abbreviation thereof, of their Member State of origin or of the Member State from which they come, in the language of that State. Host Member States may require this title to be followed by the name and location of the establishment or examining board which awarded it.
2. If the academic title used in the Member State of origin, or in the Member State from which a foreign national comes, can be confused in the host Member State with a title requiring in that State additional training which the person concerned has not undergone, the host Member State may require such person to use the title employed in the Member State of origin or the Member State from which he comes in suitable wording to be indicated by the host Member State.
CHAPTER V PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES IN RESPECT OF THE ACTIVITIES OF VETERINARY SURGEONS
A. Provisions specifically relating to the right of establishment
Article 6
1. A host Member State which requires of its nationals proof of good character or good repute when they take up for the first time the activities referred to in Article 1 shall accept as sufficient evidence, in respect of nationals of other Member States, a certificate issued by a competent authority in the Member State of origin or in the Member State from which the foreign national comes attesting that the requirements of the Member State as to good character or good repute for taking up the activities in question have been met.
2. Where the Member State of origin or the Member State from which the foreign national comes does not require proof of good character or good repute of persons wishing to take up the activities in question for the first time, the host Member State may require of nationals of the Member State of origin or of the Member State from which the foreign national comes an extract from the "judicial record" or, failing this, an equivalent document issued by a competent authority in the Member State of origin or the Member State from which the foreign national comes.
3. If the host Member State has detailed knowledge of a serious matter which has occurred outside its territory and which is likely to affect the taking up within its territory of the activities concerned, it may inform the Member State of origin or the Member State from which the foreign national comes.
The Member State of origin or the Member State from which the foreign national comes shall verify the accuracy of the facts. The authorities in that State shall themselves decide on the nature and extent of the investigation to be made and shall inform the host Member State of any consequential action which they take with regard to the certificates or documents they have issued.
4. Member States shall ensure the confidentiality of the information which is forwarded.
Article 7
1. Where, in a host Member State, provisions laid down by law, regulation or administrative action are in force laying down requirements as to good character or good repute, including provisions for disciplinary action in respect of serious professional misconduct or conviction for criminal offences and relating to the pursuit of the activities referred to in Article 1, the Member State of origin or the Member State from which the foreign national comes shall forward to the host Member State all necessary information regarding measures or disciplinary action of a professional or administrative nature taken in respect of the person concerned, or criminal penalties imposed on him when pursuing his profession in the Member State of origin or in the Member State from which he came.
2. If the host Member State has detailed knowledge of a serious matter which has occurred outside its territory and which is likely to affect the pursuit within its territory of the activities concerned, it may inform the Member State of origin or the Member State from which the foreign national comes.
The Member State of origin or the Member State from which the foreign national comes shall verify the accuracy of the facts. The authorities in that State shall themselves decide on the nature and extent of the investigation to be made and shall inform the host Member State of any consequential action which they take with regard to the information they have forwarded in accordance with paragraph 1.
3. Member States shall ensure the confidentiality of the information which is forwarded.
Article 8
Where a host Member State requires of its own nationals wishing to take up or pursue the activities referred to in Article 1, a certificate of physical or mental health, that State shall accept as sufficient evidence thereof the presentation of the document required in the Member State of origin or the Member State from which the foreign national comes.
Where the Member State of origin or the Member State from which the foreign national comes does not impose any requirements of this nature on those wishing to take up or pursue the activities in question, the host Member State shall accept from such national a certificate issued by a competent authority in that State corresponding to the certificates issued in the host Member State.
Article 9
The documents referred to in Articles 6, 7 and 8 may not be presented more than three months after their date of issue.
Article 10
1. The procedure for authorizing the person concerned to take up the activities referred to in Article 1, in accordance with Articles 6, 7 and 8, must be completed as soon as possible and not later than three months after presentation of all the documents relating to such person, without prejudice to delays resulting from any appeal that may be made upon termination of this procedure.
2. In the cases referred to in Articles 6 (3) and 7 (2), a request for re-examination shall suspend the period laid down in paragraph 1.
The Member State consulted shall give its reply within a period of three months. If it does not, the host Member State may take action in consequence of its detailed knowledge of the serious matter involved.
On receipt of the reply or at the end of the period the host Member State shall continue with the procedure referred to in paragraph 1.
Article 11
Where a host Member State requires its own nationals wishing to take up or pursue the activities referred to in Article 1 to take an oath or make a solemn declaration and where the form of such oath or declaration cannot be used by nationals of other Member States, that Member State shall ensure that an appropriate and equivalent form of oath or declaration is offered to the person concerned.
B. Special provisions relating to the provision of services
Article 12
1. Where a Member State requires of its own nationals wishing to take up or pursue the activities referred to in Article 1, an authorization or membership of, or registration with, a professional organization or body, that Member State shall in the case of the provision of services exempt the nationals of Member States from that requirement.
The person concerned shall provide services with the same rights and obligations as the nationals of the host Member State ; in particular he shall be subject to the rules of conduct of a professional or administrative nature which apply in that Member State.
For this purpose and in addition to the declaration provided for in paragraph 2 relating to the services to be provided, Member States may, so as to permit the implementation of the provisions relating to professional conduct in force in their territory, require either automatic temporary registration or pro forma membership of a professional organization or body or, in the alternative, registration in a register, provided that such registration or membership does not delay or in any way complicate the provision of services or impose any additional costs on the person providing the services.
Where a host Member State adopts a measure pursuant to the second subparagraph or becomes aware of facts which run counter to these provisions, it shall forthwith inform the Member State where the person concerned is established.
2. The host Member State may require the person concerned to make a prior declaration to the competent authorities concerning the provision of his services where they involve a temporary stay in its territory. The host Member State may in all cases require a veterinary surgeon established in another Member State to supply a prior declaration of provision of services in the form of a prescription or of veterinary certificates not involving the examination of animals, provided such practice is permissible under the legal and administrative provisions and professional rules applied in the host State.
The host Member State requiring such prior declaration shall take the steps necessary to provide the possibility that the declaration is made, where appropriate, for a series of services provided within one and the same region and in respect of one or more recipients within a given period of not more than one year.
In urgent cases this declaration may be made as soon as possible after the services have been provided.
3. Pursuant to paragraphs 1 and 2, the host Member State may require the person concerned to supply one or more documents containing the following particulars: - the declaration referred to in paragraph 2,
- a certificate stating that the person concerned is lawfully pursuing the activities in question in the Member State where he is established,
- a certificate that the person concerned holds one or other of the diplomas, certificates or other evidence of formal qualification appropriate for the provision of the services in question and referred to in this Directive.
4. The document or documents specified in paragraph 3 may not be produced more than 12 months after their date of issue.
5. Where a Member State temporarily or permanently deprives, in whole or in part, one of its nationals or a national of another Member State established in its territory of the right to pursue one of the activities referred to in Article 1, it shall, as appropriate, ensure the temporary or permanent withdrawal of the certificate referred to in the second indent of paragraph 3.
C. Provisions common to the right of establishment and freedom to provide services
Article 13
Where in a host Member State the use of the professional title relating to the activities referred to in Article 1 is subject to rules, nationals of other Member States who fulfil the conditions laid down in Articles 2 and 4 shall use the professional title of the host Member State which, in that State, corresponds to those conditions of qualification and shall use the abbreviated title.
Article 14
1. Member States shall take the necessary measures to enable the persons concerned to obtain information on veterinary legislation and, where applicable, on professional ethics by the host Member State.
For this purpose, Member States may set up information centres from which such persons may obtain the necessary information. In the case of establishment, the host Member States may require the persons concerned to contact these centres.
2. Member States may set up the centres referred to in paragraph 1 within the competent authorities and bodies which they must designate within the period laid down in Article 18 (1).
3. Member States shall see to it that, where appropriate, the persons concerned acquire, in their interest and in that of their clients, the linguistic knowledge necessary for the pursuit of their profession in the host Member State.
CHAPTER VI FINAL PROVISIONS
Article 15
When it has ground for doubt, the host Member State may require of the competent authorities of another Member State confirmation of the authenticity of the diplomas, certificates and other evidence of formal qualifications awarded in that other Member State and referred to in Chapter II and also confirmation of the fact that the person concerned has fulfilled all the training requirements laid down in Directive 78/1027/EEC.
Article 16
Within the time limit laid down in Article 18 (1), Member States shall designate the authorities and bodies competent to award or receive the diplomas, certificates and other evidence of formal qualifications as well as the documents and information referred to in this Directive and shall forthwith inform the other Member States and the Commission thereof.
Article 17
This Directive shall also apply to nationals of Member States who, in accordance with Regulation (EEC) No 1612/68, are pursuing or will pursue as employed persons the activities referred to in Article 1.
Article 18
1. Member States shall bring into force the measures necessary to comply with this Directive within two years of its notification and shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 19
This Directive is addressed to the Member States. | [
"UKSI20071348"
] |
31978L1035 | 1978 | Council Directive 78/1035/EEC of 19 December 1978 on the exemption from taxes of imports of small consignments of goods of a non-commercial character from third countries
Having regard to the Treaty establishing the European Economic Community, and in particular Article 99 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Council Directive 74/651/EEC of 19 December 1974 on the tax reliefs to be allowed on the importation of goods in small consignments of a non-commercial character within the Community (4), as amended by Directive 78/1034/EEC (5), laid down the limits and conditions under which such consignments may be exempted from value added tax and from any other taxes on consumption;
Whereas Community rules should likewise be laid down for the exemption from turnover taxes and excise duties of imports of small consignments of a similar nature from third countries;
Whereas to that end the limits within which such exemption is to be applied should, for practical reasons, be as far as possible the same as those laid down by the arrangements for exemption from customs duties in Council Regulation (EEC) No 3060/78 (6);
Whereas finally it appears necessary to set special limits for certain products because of the high level of taxation to which they are at present subject in the Member States,
Article 1
1. Goods in small consignments of a non-commercial character sent from a third country by private persons to other private persons in a Member State shall be exempt on importation from turnover tax and excise duty.
2. For the purposes of paragraph 1, "small consignments of a non-commercial character" means consignments which: - are of an occasional nature,
- contain only goods intended for the personal or family use of the consignees, the nature and quantity of which do not indicate that they are being imported for any commercial purpose,
- contain goods with a total value not exceeding 30 EUA.
- are sent by the sender to the consignee without payment of any kind.
Article 2
1. Article 1 shall apply to the goods listed below subject to the following quantitative limits: (a) tobacco products
50 cigarettes,
or 25 cigarillos (cigars of a maximum weight of three grams each),
or 10 cigars,
or 50 grams of smoking tobacco;
(b) alcoholic beverages - distilled beverages and spirits of an alcoholic strength exceeding 22º : one standard bottle (not exceeding one litre),
or
- distilled beverages and spirits and aperitifs with a wine or alcohol base, of an alcoholic strength not exceeding 22º ; sparkling wines and liqueur wines : one standard bottle (not exceeding one litre),
or
- still wines : two litres;
(c) perfumes : 50 grams,
or
toilet waters : 0 725 litre or eight ounces; (1)OJ No C 18, 25.1.1975, p. 6 ; OJ No C 213, 7.9.1978, p. 11. (2)OJ No C 261, 6.11.1978, p. 46, (3)Opinion delivered on 19 October 1978 (not yet published in the Official Journal). (4)OJ No L 354, 30.12.1974, p. 57. (5)See page 33 of this Official Journal. (6)See page 1 of this Official Journal.
(d) coffee : 500 grams,
or
coffee extracts and essences : 200 grams;
(e) tea : 100 grams,
or
tea extracts and essences : 40 grams.
2. The Member States shall have the right to reduce the quantities of the products referred to in paragraph 1 eligible for exemption from turnover tax and excise duties, or to abolish exemption for such products altogether.
3. Under no circumstances shall tax exemption granted for small consignments from non-member countries exceed that applicable to small consignments sent within the Community.
Article 3
Goods listed in Article 2 contained in a small consignment of a non-commercial character in quantities exceeding those laid down in the said Article shall be excluded in their entirety from exemption.
Article 4
1. For the purpose of this Directive, "European unit of account" (EUA) shall be as defined in the Financial Regulation of 21 December 1977 (1).
2. The EUA equivalent in national currency which shall apply for the implementation of this Directive shall be fixed once a year. The rates applicable shall be those obtaining on the first working day of October with effect from 1 January of the following year.
3. Member States may round off the amounts in national currency resulting from the conversion of the amounts in European units of account provided for in Article 1 (2), provided such rounding-off does not exceed 2 EUA.
4. Member States may maintain the amount of the exemption in force at the time of the annual adjustment provided for in paragraph 2 if, prior to the rounding-off provided for in paragraph 3, conversion of the amount of the exemption expressed in EUA would result in a change of less than 5 % in the exemption expressed in national currency.
Article 5
1. Member States shall bring into force the measures necessary to comply with this Directive no later than 1 January 1979.
2. Member States shall inform the Commission of the provisions which they adopt to implement this Directive. The Commission shall inform the other Member States thereof.
Article 6
This Directive is addressed to the Member States. | [
"UKSI19870154"
] |
31979L0196 | 1979 | Council Directive 79/196/EEC of 6 February 1979 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ),
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ),
WHEREAS NATIONAL LEGISLATION IN FORCE TO ENSURE THE SAFETY OF ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES DIFFERS FROM ONE MEMBER STATE TO ANOTHER , THUS CONSTITUTING A BARRIER TO TRADE ; WHEREAS THESE LAWS SHOULD THEREFORE BE APPROXIMATED ;
WHEREAS COUNCIL DIRECTIVE 76/117/EEC OF 18 DECEMBER 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES ( 4 ) HAS IN PARTICULAR SET OUT THE INSPECTION PROCEDURES WHICH THIS EQUIPMENT MUST SATISFY IN ORDER TO BE IMPORTED , PUT ON THE MARKET AND USED FREELY AFTER UNDERGOING THE TESTS AND BEING PROVIDED WITH THE MARK AND MARKING PRESCRIBED ;
WHEREAS ARTICLE 4 ( 4 ) OF DIRECTIVE 76/117/EEC PROVIDES THAT SPECIFIC DIRECTIVES SHALL SPECIFY THE HARMONIZED STANDARDS APPLICABLE IN ALL THE MEMBER STATES IN RESPECT OF THIS EQUIPMENT ;
WHEREAS ARTICLE 5 OF DIRECTIVE 76/117/EEC PROVIDES THAT THE SPECIFIC DIRECTIVES SHALL EXPRESSLY INDICATE WHICH PROVISIONS MAY BE ADAPTED TO TECHNICAL PROGRESS IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 7 OF THAT DIRECTIVE ;
WHEREAS THE SECOND SUBPARAGRAPH OF ARTICLE 8 ( 1 ) AND ARTICLE 9 ( 5 ) OF DIRECTIVE 76/117/EEC PROVIDE THAT COPIES OF THE CERTIFICATES OF CONFORMITY AND INSPECTION CERTIFICATES SHALL BE FORWARDED TO THE MEMBER STATES ONLY ; WHEREAS , IN ORDER TO ENSURE THE FREE MOVEMENT OF THIS EQUIPMENT , THE COMMISSION SHOULD BE ABLE TO PUBLISH EXTRACTS FROM THESE CERTIFICATES IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ; WHEREAS IT IS THEREFORE NECESSARY THAT THE COMMISSION SHOULD ALSO RECEIVE SUCH COPIES ;
WHEREAS ARTICLES 8 ( 2 ) AND 9 ( 6 ) OF DIRECTIVE 76/117/EEC PROVIDE FOR A PROCEDURE FOR WITHDRAWING THE CERTIFICATE ; WHEREAS THE MEMBER STATES , THE COMMISSION AND THE PARTY CONCERNED SHOULD BE INFORMED OF SUCH WITHDRAWAL AND THE REASONS THEREFOR ,
ARTICLE 1
THIS DIRECTIVE SHALL APPLY TO ELECTRICAL EQUIPMENT FOR USE IN A POTENTIALLY EXPLOSIVE ATMOSPHERE WHICH EMPLOYS ONE OR MORE OF THE FOLLOWING TYPES OF PROTECTION :
- OIL IMMERSION ' O ' ,
- PRESSURIZED APPARATUS ' P '
- POWDER FILLING ' Q ' ,
- FLAMEPROOF ENCLOSURE ' D ' ,
- INCREASED SAFETY ' E ' ,
- INTRINSIC SAFETY ' I ' .
ARTICLE 2
1 . MEMBER STATES MAY NOT , ON GROUNDS OF SAFETY REQUIREMENTS FOR THE DESIGN AND CONSTRUCTION OF ELECTRICAL EQUIPMENT , PROHIBIT THE SALE OR FREE MOVEMENT OR THE USE , FOR ITS PROPER PURPOSE , OF ELECTRICAL EQUIPMENT FOR USE IN A POTENTIALLY EXPLOSIVE ATMOSPHERE WHICH COMPLIES WITH THE PROVISIONS OF THIS DIRECTIVE AND OF DIRECTIVE 76/117/EEC , WITH REGARD TO THE SAFETY FEATURES COVERED BY THIS DIRECTIVE .
2 . WITH REGARD TO SAFETY FEATURES NOT COVERED IN THIS DIRECTIVE , NATIONAL PROVISIONS SHALL CONTINUE TO APPLY PROVIDING NO COMMUNITY PROVISIONS EXIST .
ARTICLE 3
FOR THE PURPOSES OF THIS DIRECTIVE , HARMONIZED STANDARDS WITHIN THE MEANING OF ARTICLE 4 ( 4 ) OF DIRECTIVE 76/117/EEC SHALL MEAN THE STANDARDS LISTED IN ANNEX I HERETO .
ARTICLE 4
1 . ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES SHALL BE SUBJECT TO THE PROCEDURES LAID DOWN IN ARTICLE 4 ( 1 ) OF DIRECTIVE 76/117/EEC . THE INFORMATION COMMUNICATED TO THE APPROVED BODIES IN THE CONTEXT OF THESE PROCEDURES SHALL BE TREATED AS CONFIDENTIAL .
2 . FOR THE PURPOSES OF THIS DIRECTIVE , THE DISTINCTIVE COMMUNITY MARK REFERRED TO IN ARTICLES 4 ( 1 ) AND 10 OF DIRECTIVE 76/117/EEC SHALL CONFORM TO ANNEX II ; THIS MARK SHALL BE AFFIXED TO EACH ITEM OF EQUIPMENT IN SUCH A WAY AS TO BE VISIBLE , LEGIBLE AND DURABLE .
3 . MEMBER STATES SHALL TAKE ALL NECESSARY MEASURES TO PROHIBIT THE USE ON EQUIPMENT COVERED BY THIS DIRECTIVE OF MARKINGS OR INSCRIPTIONS LIKELY TO BE CONFUSED WITH THE MARK SHOWN IN ANNEX II .
ARTICLE 5
IN ACCORDANCE WITH ARTICLE 5 ( 1 ) OF DIRECTIVE 76/117/EEC , THE CONTENTS OF THE HARMONIZED STANDARDS REFERRED TO IN ANNEX I , AND ANNEX II , MAY BE AMENDED BY FOLLOWING THE PROCEDURE LAID DOWN IN ARTICLE 7 OF DIRECTIVE 76/117/EEC .
ARTICLE 6
1 . WITHIN ONE MONTH OF THE DATE OF ISSUE OF THE CERTIFICATE OF CONFORMITY OR INSPECTION CERTIFICATE , A COPY OF THE CERTIFICATE CONCERNED SHALL BE FORWARDED TO THE COMMISSION , WHICH SHALL ALSO RECEIVE , ON REQUEST , COPIES OF THE FINAL TECHNICAL SPECIFICATIONS OF THE EQUIPMENT AND OF THE INSPECTION RECORDS OF THE TESTS OR INSPECTIONS WHICH THE EQUIPMENT HAS UNDERGONE . THIS INFORMATION SHALL BE TREATED AS CONFIDENTIAL .
2 . THE COMMISSION SHALL ENSURE THAT THE RELEVANT EXTRACTS FROM THESE CERTIFICATES ARE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
ARTICLE 7
1 . IF , FOR THE REASONS PUT FORWARD IN ARTICLES 8 ( 2 ) AND 9 ( 6 ) OF DIRECTIVE 76/117/EEC , THE BODY WHICH HAS ISSUED THE CERTIFICATE OF CONFORMITY OR INSPECTION CERTIFICATE WITHDRAWS THE CERTIFICATE , IT SHALL INFORM THE OTHER MEMBER STATES AND THE COMMISSION THAT IT HAS DONE SO . THE GROUNDS FOR SUCH WITHDRAWAL SHALL BE GIVEN IN DETAIL . NOTICE OF THE WITHDRAWAL SHALL BE PUBLISHED IN ACCORDANCE WITH ARTICLE 6 ( 2 ).
2 . SUCH WITHDRAWALS , AND REFUSALS TO ISSUE A CERTIFICATE OF CONFORMITY OR INSPECTION CERTIFICATE , SHALL BE NOTIFIED FORTHWITH TO THE PARTY CONCERNED , WITH AN INDICATION OF THE REMEDIES AVAILABLE TO HIM UNDER THE LAWS IN FORCE IN THE MEMBER STATES AND OF THE TIME LIMITS FOR THE EXERCISE OF SUCH REMEDIES .
ARTICLE 8
MEMBER STATES SHALL BRING INTO FORCE THE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE WITHIN 18 MONTHS OF ITS NOTIFICATION AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .
MEMBER STATES SHALL ENSURE THAT THE TEXTS OF THE PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD COVERED BY THIS DIRECTIVE ARE COMMUNICATED TO THE COMMISSION .
ARTICLE 9
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES . | [
"UKSI19900013"
] |
31979L0267 | 1979 | First Council Directive 79/267/EEC of 5 March 1979 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 49 AND 57 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,
WHEREAS , IN ORDER TO FACILITATE THE TAKING UP AND PURSUIT OF THE BUSINESS OF LIFE ASSURANCE , IT IS ESSENTIAL TO ELIMINATE CERTAIN DIVERGENCES WHICH EXIST BETWEEN NATIONAL SUPERVISORY LEGISLATION ; WHEREAS , IN ORDER TO ACHIEVE THIS OBJECTIVE AND AT THE SAME TIME ENSURE ADEQUATE PROTECTION FOR POLICY-HOLDERS AND BENEFICIARIES IN ALL MEMBER STATES , THE PROVISIONS RELATING TO THE FINANCIAL GUARANTEES REQUIRED OF LIFE ASSURANCE UNDERTAKINGS SHOULD BE COORDINATED ;
WHEREAS A CLASSIFICATION BY CLASS OF INSURANCE IS NECESSARY IN ORDER TO DETERMINE , IN PARTICULAR , THE ACTIVITIES SUBJECT TO COMPULSORY AUTHORIZATION ;
WHEREAS CERTAIN MUTUAL ASSOCIATIONS WHICH , BY VIRTUE OF THEIR LEGAL STATUS , FULFIL REQUIREMENTS AS TO SECURITY AND OTHER SPECIFIC FINANCIAL GUARANTEES SHOULD BE EXCLUDED FROM THE SCOPE OF THIS DIRECTIVE ; WHEREAS CERTAIN ORGANIZATIONS WHOSE ACTIVITY COVERS ONLY A VERY RESTRICTED SECTOR AND IS LIMITED BY THEIR ARTICLES OF ASSOCIATION SHOULD ALSO BE EXCLUDED ;
WHEREAS THE MEMBER STATES HAVE DIFFERENT REGULATIONS AND PRACTICES AS TO THE SIMULTANEOUS CARRYING ON OF LIFE ASSURANCE AND NON-LIFE INSURANCE ; WHEREAS NEWLY FORMED UNDERTAKINGS SHOULD NO LONGER BE AUTHORIZED TO CARRY ON THESE TWO ACTIVITIES SIMULTANEOUSLY ; WHEREAS MEMBER STATES SHOULD BE ALLOWED TO PERMIT EXISTING UNDERTAKINGS WHICH CARRY ON THESE ACTIVITIES SIMULTANEOUSLY TO CONTINUE TO DO SO PROVIDED THAT SEPARATE MANAGEMENT IS ADOPTED FOR EACH OF THEIR ACTIVITIES , IN ORDER THAT THE RESPECTIVE INTERESTS OF LIFE POLICY-HOLDERS AND NON-LIFE POLICY-HOLDERS ARE SAFEGUARDED AND THE MINIMUM FINANCIAL OBLIGATIONS IN RESPECT OF ONE OF THE ACTIVITIES ARE NOT BORNE BY THE OTHER ACTIVITY ; WHEREAS , WHEN ONE OF THE UNDERTAKINGS WISHES TO ESTABLISH ITSELF IN A MEMBER STATE TO PURSUE LIFE ASSURANCE IN THAT STATE , IT SHOULD SET UP A SUBSIDIARY FOR THAT PURPOSE , WHICH MAY BE ELIGIBLE ON A TRANSITIONAL BASIS FOR CERTAIN FACILITIES ; WHEREAS , MEMBER STATES SHOULD BE GIVEN THE OPTION OF REQUIRING THOSE EXISTING UNDERTAKINGS ESTABLISHED IN THEIR TERRITORY WHICH CARRY ON LIFE ASSURANCE AND NON-LIFE INSURANCE SIMULTANEOUSLY TO PUT AN END TO THIS PRACTICE ; WHEREAS , MOREOVER , SPECIALIZED UNDERTAKINGS SHOULD BE SUBJECT TO SPECIAL SUPERVISION WHERE A NON-LIFE UNDERTAKING BELONGS TO THE SAME FINANCIAL GROUP AS A LIFE UNDERTAKING ;
WHEREAS LIFE ASSURANCE IS SUBJECT TO OFFICIAL AUTHORIZATION AND SUPERVISION IN EACH MEMBER STATE ; WHEREAS THE CONDITIONS FOR THE GRANTING OR WITHDRAWAL OF SUCH AUTHORIZATION SHOULD BE DEFINED ; WHEREAS PROVISION MUST BE MADE FOR THE RIGHT TO APPLY TO THE COURTS SHOULD AN AUTHORIZATION BE REFUSED OR WITHDRAWN ;
WHEREAS , AS REGARDS TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , THE SAME RULES MAY BE ADOPTED AS IN THE CASE OF NON-LIFE INSURANCE , NAMELY , THEY MUST BE LOCALIZED IN THE COUNTRY WHERE ACTIVITIES ARE CARRIED ON AND THE RULES OF THAT COUNTRY ARE TO GOVERN THE METHODS OF CALCULATION , THE DETERMINATION OF INVESTMENT CATEGORIES AND THE VALUATION OF ASSETS ; WHEREAS , ALTHOUGH IT IS DESIRABLE THAT THESE VARIOUS SUBJECTS SHOULD BE COORDINATED , THIS IS NOT ESSENTIAL FOR THE PURPOSES OF THIS DIRECTIVE AND MAY BE CARRIED OUT SUBSEQUENTLY ;
WHERE IT IS NECESSARY THAT , OVER AND ABOVE TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , OF SUFFICIENT AMOUNT TO MEET THEIR UNDERWRITING LIABILITES , INSURANCE UNDERTAKINGS SHOULD POSSESS A SUPPLEMENTARY RESERVE , KNOWN AS THE SOLVENCY MARGIN , REPRESENTED BY FREE ASSETS AND , WITH THE AGREEMENT OF THE SUPERVISORY AUTHORITY , BY OTHER IMPLICIT ASSETS , IN ORDER TO PROVIDE AGAINST BUSINESS FLUCTUATIONS ; WHEREAS , IN ORDER TO ENSURE THAT THE REQUREMENTS IMPOSED FOR SUCH PURPOSES ARE DETERMINED ACCORDING TO OBJECTIVE CRITERIA WHEREBY UNDERTAKINGS OF THE SAME SIZE WILL BE PLACED ON AN EQUAL FOOTING AS REGARDS COMPETITION , IT IS DESIRABLE TO PROVIDE THAT THIS MARGIN SHALL BE RELATED TO ALL THE COMMITMENTS OF THE UNDERTAKING AND TO THE NATURE AND GRAVITY OF THE RISKS PRESENTED BY THE VARIOUS ACTIVITIES FALLING WITHIN THE SCOPE OF THE DIRECTIVE ; WHEREAS THIS MARGIN SHOULD THEREFORE VARY ACCORDING TO WHETHER THE RISKS ARE OF INVESTMENT , DEATH OR MANAGEMENT ONLY ; WHEREAS IT SHOULD ACCORDINGLY BE DETERMINED IN TERMS OF MATHEMATICAL RESERVES AND CAPITAL AT RISK UNDERWRITTEN BY AN UNDERTAKING , OF PREMIUMS OR CONTRIBUTIONS RECEIVED , OF RESERVES ONLY OR OF THE ASSETS OF TONTINES ;
WHEREAS IT IS NECESSARY TO REQUIRE A GUARANTEE FUND , THE AMOUNT AND COMPOSITION OF WHICH ARE SUCH AS TO PROVIDE AN ASSURANCE THAT THE UNDERTAKINGS POSSESS ADEQUATE RESOURCES WHEN THEY ARE SET UP AND THAT IN THE SUBSEQUENT COURSE OF BUSINESS THE SOLVENCY MARGIN IN NO EVENT FALLS BELOW A MINIMUM OF SECURITY ; WHEREAS THE WHOLE OR A SPECIFIED PART OF THIS GUARANTEE FUND MUST CONSIST OF EXPLICIT ASSET ITEMS ;
WHEREAS IT IS NECESSARY TO PROVIDE FOR MEASURES IN CASES WHERE THE FINANCIAL POSITION OF THE UNDERTAKING BECOMES SUCH THAT IT IS DIFFICULT FOR IT TO MEET ITS UNDERWRITING LIABILITIES ;
WHEREAS THE COORDINATED RULES CONCERNING THE PURSUIT OF THE BUSINESS OF DIRECT INSURANCE WITHIN THE COMMUNITY SHOULD , IN PRINCIPLE , APPLY TO ALL UNDERTAKINGS OPERATING ON THE MARKET AND , CONSEQUENTLY , ALSO TO AGENCIES AND BRANCHES WHERE THE HEAD OFFICE OF THE UNDERTAKING IS SITUATED OUTSIDE THE COMMUNITY ; WHEREAS IT IS NEVERTHELESS DESIRABLE AS REGARDS THE METHODS OF SUPERVISION TO LAY DOWN SPECIAL PROVISIONS FOR SUCH AGENCIES OR BRANCHES , IN VIEW OF THE FACT THAT THE ASSETS OF THE UNDERTAKINGS TO WHICH THEY BELONG ARE SITUATED OUTSIDE THE COMMUNITY ;
WHEREAS IT IS DESIRABLE TO PROVIDE FOR THE CONCLUSION OF RECIPROCAL AGREEMENTS WITH ONE OR MORE THIRD COUNTRIES IN ORDER TO PERMIT THE RELAXATION OF SUCH SPECIAL CONDITIONS , WHILE OBSERVING THE PRINCIPLE THAT SUCH AGENCIES AND BRANCHES SHOULD NOT OBTAIN MORE FAVOURABLE TREATMENT THAN COMMUNITY UNDERTAKINGS ;
WHEREAS CERTAIN TRANSITIONAL PROVISIONS ARE REQUIRED IN ORDER , IN PARTICULAR , TO PERMIT SMALL AND MEDIUM-SIZED UNDERTAKINGS ALREADY IN EXISTENCE TO ADAPT THEMSELVES TO THE REQUIREMENTS TO BE INTRODUCED BY THE MEMBER STATES IN PURSUANCE OF THIS DIRECTIVE , SUBJECT TO ARTICLE 53 OF THE TREATY APPLYING ;
WHEREAS ARTICLE 52 OF THE EEC TREATY HAS BEEN DIRECTLY APPLICABLE SINCE THE END OF THE TRANSITIONAL PERIOD ; WHEREAS SINCE THAT TIME THERE HAS ACCORDINGLY BEEN NO NEED FOR THE ADOPTION OF DIRECTIVES ABOLISHING RESTRICTIONS ON THE FREEDOM OF ESTABLISHMENT ; WHEREAS , HOWEVER , THE PROVISIONS CONCERNING PROOF OF GOOD REPUTE AND NO PREVIOUS BANKRUPTCY CONTAINED IN COUNCIL DIRECTIVE 73/240/EEC OF 24 JULY 1973 , ABOLISHING RESTRICTIONS ON FREEDOM OF ESTABLISHMENT IN THE BUSINESS OF DIRECT INSURANCE OTHER THAN LIFE ASSURANCE ( 4 ) DO NOT STRICTLY SPEAKING CONSTITUTE RESTRICTIONS AND ARE ALSO REQUIRED IN LIFE ASSURANCE ; WHEREAS THEY SHOULD ACCORDINGLY BE INCLUDED IN THIS COORDINATION DIRECTIVE ;
WHEREAS IT IS IMPORTANT TO GUARANTEE THE UNIFORM APPLICATION OF THE COORDINATED RULES AND TO PROVIDE ACCORDINGLY FOR CLOSE COLLABORATION BETWEEN THE COMMISSION AND THE MEMBER STATES IN THIS FIELD ,
TITLE I
GENERAL PROVISIONS
ARTICLE 1
THIS DIRECTIVE CONCERNS THE TAKING UP AND PURSUIT OF THE SELF-EMPLOYED ACTIVITY OF DIRECT INSURANCE CARRIED ON BY UNDERTAKINGS WHICH ARE ESTABLISHED IN A MEMBER STATE OR WISH TO BECOME ESTABLISHED THERE IN THE FORM OF THE ACTIVITIES DEFINED BELOW :
1 . THE FOLLOWING KINDS OF INSURANCE WHERE THEY ARE ON A CONTRACTUAL BASIS :
( A ) LIFE ASSURANCE , THAT IS TO SAY , THE CLASS OF INSURANCE WHICH COMPRISES , IN PARTICULAR , ASSURANCE ON SURVIVAL TO A STIPULATED AGE ONLY , ASSURANCE ON DEATH ONLY , ASSURANCE ON SURVIVAL TO A STIPULATED AGE OR ON EARLIER DEATH , LIFE ASSURANCE WITH RETURN OF PREMIUMS , MARRIAGE ASSURANCE , BIRTH ASSURANCE ;
( B ) ANNUITIES ;
( C ) SUPPLEMENTARY INSURANCE CARRIED ON BY LIFE ASSURANCE UNDERTAKINGS , THAT IS TO SAY , IN PARTICULAR , INSURANCE AGAINST PERSONAL INJURY INCLUDING INCAPACITY FOR EMPLOYMENT , INSURANCE AGAINST DEATH RESULTING FROM AN ACCIDENT AND INSURANCE AGAINST DISABILITY RESULTING FROM AN ACCIDENT OR SICKNESS , WHERE THESE VARIOUS KINDS OF INSURANCE ARE UNDERWRITTEN IN ADDITION TO LIFE ASSURANCE ;
( D ) THE TYPE OF INSURANCE EXISTING IN IRELAND AND THE UNITED KINGDOM KNOWN AS PERMANENT HEALTH INSURANCE NOT SUBJECT TO CANCELLATION .
2 . THE FOLLOWING OPERATIONS , WHERE THEY ARE ON A CONTRACTUAL BASIS , IN SO FAR AS THEY ARE SUBJECT TO SUPERVISION BY THE ADMINISTRATIVE AUTHORITIES RESPONSIBLE FOR THE SUPERVISION OF PRIVATE INSURANCE AND ARE AUTHORIZED IN THE COUNTRY CONCERNED :
( A ) TONTINES WHEREBY ASSOCIATIONS OF SUBSCRIBERS ARE SET UP WITH A VIEW TO JOINTLY CAPITALIZING THEIR CONTRIBUTIONS AND SUBSEQUENTLY DISTRIBUTING THE ASSETS THUS ACCUMULATED AMONG THE SURVIVORS OR AMONG THE BENEFICIARIES OF THE DECEASED ;
( B ) CAPITAL REDEMPTION OPERATIONS BASED ON ACTUARIAL CALCULATION WHEREBY , IN RETURN FOR SINGLE OR PERIODIC PAYMENTS AGREED IN ADVANCE , COMMITMENTS OF SPECIFIED DURATION AND AMOUNT ARE UNDERTAKEN ;
( C ) MANAGEMENT OF GROUP PENSION FUNDS , I.E . OPERATIONS CONSISTING , FOR THE UNDERTAKING CONCERNED , IN MANAGING THE INVESTMENTS , AND IN PARTICULAR THE ASSETS REPRESENTING THE RESERVES OF BODIES THAT EFFECT PAYMETS ON DEATH OR SURVIVAL OR IN THE EVENT OF DISCONTINUANCE OR CURTAILMENT OF ACTIVITY ;
( D ) THE OPERATIONS REFERRED TO IN ( C ) WHERE THEY ARE ACCOMPANIED BY INSURANCE COVERING EITHER CONSERVATION OF CAPITAL OR PAYMENT OF A MINIMUM INTEREST ;
( E ) THE OPERATIONS CARRIED OUT BY INSURANCE COMPANIES SUCH AS THOSE REFERRED TO IN CHAPTER 1 , TITLE 4 OF BOOK IV OF THE FRENCH " CODE DES ASSURANCES " .
3 . OPERATIONS RELATING TO THE LENGTH OF HUMAN LIFE WHICH ARE PRESCRIBED BY OR PROVIDED FOR IN SOCIAL INSURANCE LEGISLATION , WHEN THEY ARE EFFECTED OR MANAGED AT THEIR OWN RISK BY ASSURANCE UNDERTAKINGS IN ACCORDANCE WITH THE LAWS OF A MEMBER STATE .
ARTICLE 2
THIS DIRECTIVE SHALL NOT CONCERN :
1 . SUBJECT TO THE APPLICATION OF ARTICLE 1 ( 1 ) ( C ) OF THIS DIRECTIVE , THE CLASSES DESIGNATED IN THE ANNEX TO FIRST COUNCIL DIRECTIVE 73/239/EEC OF 24 JULY 1973 ON THE COORDINATION OF LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO THE TAKING-UP AND PURSUIT OF THE BUSINESS OF DIRECT INSURANCE OTHER THAN LIFE ASSURANCE ( 5 ) , HEREINAFTER REFERRED TO AS " THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) " ;
2 . OPERATIONS OF PROVIDENT AND MUTUAL-BENEFIT INSTITUTIONS WHOSE BENEFITS VARY ACCORDING TO THE RESOURCES AVAILABLE AND WHICH REQUIRE EACH OF THEIR MEMBERS TO CONTRIBUTE AT THE APPROPRIATE FLAT RATE ;
3 . OPERATIONS CARRIED OUT BY ORGANIZATIONS OTHER THAN UNDERTAKINGS REFERRED TO IN ARTICLE 1 , WHOSE OBJECT IS TO PROVIDE BENEFITS FOR EMPLOYED OR SELF-EMPLOYED PERSONS BELONGING TO AN UNDERTAKING OR GROUP OF UNDERTAKINGS , OR A TRADE OR GROUP OF TRADES , IN THE EVENT OF DEATH OR SURVIVAL OR OF DISCONTINUANCE OR CURTAILMENT OF ACTIVITY , WHETHER OR NOT THE COMMITMENTS ARISING FROM SUCH OPERATIONS ARE FULLY COVERED AT ALL TIMES BY MATHEMATICAL RESERVES ;
4 . SUBJECT TO THE APPLICATION OF ARTICLE 1 ( 3 ) , INSURANCE FORMING PART OF A STATUTORY SYSTEM OF SOCIAL SECURITY .
ARTICLE 3
THIS DIRECTIVE SHALL NOT CONCERN :
1 . ORGANIZATIONS WHICH UNDERTAKE TO PROVIDE BENEFITS SOLELY IN THE EVENT OF DEATH , WHERE THE AMOUNT OF SUCH BENEFITS DOES NOT EXCEED THE AVERAGE FUNERAL COSTS FOR A SINGLE DEATH OR WHERE THE BENEFITS ARE PROVIDED IN KIND ;
2 . MUTUAL ASSOCIATIONS , WHERE :
- THE ARTICLES OF ASSOCIATION CONTAIN PROVISIONS FOR CALLING UP ADDITIONAL CONTRIBUTIONS OR REDUCING THEIR BENEFITS OR CLAIMING ASSISTANCE FROM OTHER PERSONS WHO HAVE UNDERTAKEN TO PROVIDE IT , AND
- THE ANNUAL CONTRIBUTION INCOME FOR THE ACTIVITIES COVERED BY THIS DIRECTIVE DOES NOT EXCEED 500 000 UNITS OF ACCOUNT FOR THREE CONSECUTIVE YEARS . IF THIS AMOUNT IS EXCEEDED FOR THREE CONSECUTIVE YEARS THIS DIRECTIVE SHALL APPLY WITH EFFECT FROM THE FOURTH YEAR .
ARTICLE 4
THIS DIRECTIVE SHALL NOT CONCERN THE " VERSORGUNGSVERBAND DEUTSCHER WIRTSCHAFTSORGANISATIONEN " IN GERMANY OR THE " CAISSE D'EPARGNE DE L'ETAT " IN LUXEMBOURG UNLESS THEIR STATUTES ARE AMENDED AS REGARDS THE SCOPE OF THEIR ACTIVITIES .
ARTICLE 5
FOR THE PURPOSES OF THIS DIRECTIVE :
( A ) " UNIT OF ACCOUNT " MEANS THE EUROPEAN UNIT OF ACCOUNT ( EUA ) AS DEFINED BY ARTICLE 10 OF THE FINANCIAL REGULATION OF 21 DECEMBER 1977 APPLICABLE TO THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES ( 6 ) ; WHEREVER THIS DIRECTIVE REFERS TO THE UNIT OF ACCOUNT , THE CONVERSION VALUE IN NATIONAL CURRENCY TO BE ADOPTED SHALL AS FROM 31 DECEMBER OF EACH YEAR BE THAT OF THE LAST DAY OF THE PRECEDING MONTH OF OCTOBER FOR WHICH EUA CONVERSION VALUES ARE AVAILABLE IN ALL THE COMMUNITY CURRENCIES ;
( B ) " MATCHING ASSETS " MEANS THE REPRESENTATION OF UNDERWRITING LIABILITIES WHICH CAN BE REQUIRED TO BE MET IN A PARTICULAR CURRENCY BY ASSETS EXPRESSED OR REALISABLE IN THE SAME CURRENCY ;
( C ) " LOCALIZATION OF ASSETS " MEANS THE EXISTENCE OF ASSETS , WHETHER MOVABLE OR IMMOVABLE , WITHIN A MEMBER STATE BUT SHALL NOT BE CONSTRUED AS INVOLVING A REQUIREMENT THAT MOVABLE ASSETS BE DEPOSITED OR THAT IMMOVABLE ASSETS BE SUBJECTED TO RESTRICTIVE MEASURES SUCH AS THE REGISTRATION OF MORTGAGES ; ASSETS REPRESENTED BY CLAIMS AGAINST DEBTORS SHALL BE REGARDED AS SITUATED IN THE MEMBER STATE WHERE THEY ARE REALIZABLE ;
( D ) " CAPITAL AT RISK " MEANS THE AMOUNT PAYABLE ON DEATH LESS THE MATHEMATICAL RESERVE FOR THE MAIN RISK .
TITLE II
RULES APPLICABLE TO UNDERTAKINGS WHOSE HEAD OFFICES ARE SITUATED WITHIN THE COMMUNITY
SECTION A
CONDITIONS OF ADMISSION
ARTICLE 6
1 . EACH MEMBER STATE SHALL MAKE THE TAKING UP OF THE ACTIVITIES REFERRED TO IN THIS DIRECTIVE IN ITS TERRITORY SUBJECT TO AN OFFICIAL AUTHORIZATION .
2 . SUCH AUTHORIZATION SHALL BE SOUGHT FROM THE COMPETENT AUTHORITY OF THE MEMBER STATE IN QUESTION BY :
( A ) ANY UNDERTAKING WHICH ESTABLISHES ITS HEAD OFFICE IN THE TERRITORY OF SUCH STATE ;
( B ) ANY UNDERTAKING WHOSE HEAD OFFICE IS SITUATED IN ANOTHER MEMBER STATE AND WHICH OPENS AN AGENCY OR BRANCH IN THE TERRITORY OF THE MEMBER STATE IN QUESTION ;
( C ) ANY UNDERTAKING WHICH , HAVING RECEIVED THE AUTHORIZATION REQUIRED UNDER ( A ) OR ( B ) ABOVE , EXTENDS ITS BUSINESS IN THE TERRITORY OF SUCH STATE TO OTHER CLASSES ;
( D ) ANY UNDERTAKING WHICH , HAVING OBTAINED , IN ACCORDANCE WITH ARTICLE 7 ( 1 ) , AN AUTHORIZATION FOR A PART OF THE NATIONAL TERRITORY , EXTENDS ITS ACTIVITY BEYOND SUCH PART .
3 . MEMBER STATES SHALL NOT MAKE AUTHORIZATION SUBJECT TO THE LODGING OF A DEPOSIT OR THE PROVISION OF SECURITY .
ARTICLE 7
1 . AN AUTHORIZATION SHALL BE VALID FOR THE ENTIRE NATIONAL TERRITORY UNLESS , AND IN SO FAR AS NATIONAL LAWS PERMIT , THE APPLICANT SEEKS PERMISSION TO CARRY ON HIS BUSINESS ONLY IN A PART OF THE NATIONAL TERRITORY .
2 . AUTHORIZATION SHALL BE GIVEN FOR A PARTICULAR CLASS OF INSURANCE . THE CLASSIFICATION BY CLASS APPEARS IN THE ANNEX . AUTHORIZATION SHALL COVER THE ENTIRE CLASS UNLESS THE APPLICANT WISHES TO COVER ONLY PART OF THE RISKS PERTAINING TO SUCH CLASS .
THE SUPERVISORY AUTHORITIES MAY RESTRICT AN AUTHORIZATION REQUESTED FOR ONE OF THE CLASSES TO THE OPERATIONS SET OUT IN THE SCHEME OF OPERATIONS REFERRED TO IN ARTICLES 9 AND 11 .
3 . EACH MEMBER STATE MAY GRANT AN AUTHORIZATION FOR TWO OR MORE OF THE CLASSES , WHERE ITS NATIONAL LAWS PERMIT SUCH CLASSES TO BE CARRIED ON SIMULTANEOUSLY .
ARTICLE 8
1 . EACH MEMBER STATE SHALL REQUIRE ANY UNDERTAKING SETTING UP IN ITS TERRITORY FOR WHICH AN AUTHORIZATION IS SOUGHT TO :
( A ) ADOPT ONE OF THE FOLLOWING FORMS :
- IN THE CASE OF THE KINGDOM OF BELGIUM :
" SOCIETE ANONYME " / " NAAMLOZE VENNOOTSCHAP " , SOCIETE EN COMMANDITE PAR ACTIONS " / " VENNOOTSCHAP BIJ WIJZE VAN GELDSCHIETING OP AANDELEN " , " ASSOCIATION D'ASSURANCE MUTUELLE " / " ONDERLINGE VERZEKERINGSMAATSCHAPPIJ " , " SOCIETE COOPERATIVE " / " COOEPERATIEVE VENNOOTSCHAP " ,
- IN THE CASE OF THE KINGDOM OF DENMARK :
" AKTIESELSKABER " ,
" GENSIDIGE SELSKABER " ,
- IN THE CASE OF THE FEDERAL REPUBLIC OF GERMANY :
" AKTIENGESELLSCHAFT " , " VERSICHERUNGSVEREIN AUF GEGENSEITIGKEIT " ,
" OEFFENTLICH-RECHTLICHES WETTBEWERBS-VERSICHERUNGSUNTERNEHMEN " ,
- IN THE CASE OF THE FRENCH REPUBLIC :
" SOCIETE ANONYME " , " SOCIETE A FORME MUTUELLE A COTISATIONS FIXES " ,
" SOCIETE A FORME TONTINIERE " ,
- IN THE CASE OF IRELAND :
INCORPORATED COMPANIES LIMITED BY SHARES OR BY GUARANTEE OR UNLIMITED , SOCIETIES REGISTERED UNDER THE INDUSTRIAL AND PROVIDENT SOCIETIES ACTS AND SOCIETIES REGISTERED UNDER THE FRIENDLY SOCIETIES ACTS ,
- IN THE CASE OF THE ITALIAN REPUBLIC :
" SOCIETA PER AZIONI " , " SOCIETA COOPERATIVA " , " MUTUA DI ASSICURAZIONE " AND PUBLIC-LAW INSTITUTIONS WITHIN THE MEANING OF ARTICLE 1883 OF THE CIVIL CODE .
- IN THE CASE OF THE GRAND DUCHY OF LUXEMBOURG :
" SOCIETE ANONYME " , " SOCIETE EN COMMANDITE PAR ACTIONS " , " ASSOCIATION D'ASSURANCES MUTUELLES " , " SOCIETE COOPERATIVE " ,
- IN THE CASE OF THE KINGDOM OF THE NETHERLANDS :
" NAAMLOZE VENNOOTSCHAP " , " ONDERLINGE WAARBORGMAATSCHAPPIJ " ,
- IN THE CASE OF THE UNITED KINGDOM :
INCORPORATED COMPANIES LIMITED BY SHARES OR BY GUARANTEE OR UNLIMITED , SOCIETIES REGISTERED UNDER THE INDUSTRIAL AND PROVIDENT SOCIETIES ACTS , SOCIETIES REGISTERED UNDER THE FRIENDLY SOCIETIES ACTS , THE ASSOCIATION OF UNDERWRITERS KNOWN AS LLOYD'S ;
FURTHERMORE , MEMBER STATES MAY SET UP , WHERE APPROPRIATE , UNDERTAKINGS UNDER ANY FORM OF KNOWN PUBLIC LAW OR ITS EQUIVALENT PROVIDED THAT SUCH INSTITUTIONS HAVE AS THEIR OBJECT TO CARRY ON INSURANCE OPERATIONS UNDER CONDITIONS EQUIVALENT TO THOSE OF UNDERTAKINGS UNDER PRIVATE LAW ;
( B ) LIMIT ITS BUSINESS ACTIVITIES TO THE ACTIVITIES REFERRED TO IN THIS DIRECTIVE AND OPERATIONS DIRECTLY ARISING THEREFROM , TO THE EXCLUSION OF ALL OTHER COMMERCIAL BUSINESS ;
( C ) SUBMIT A SCHEME OF OPERATIONS IN ACCORDANCE WITH ARTICLE 9 ;
( D ) POSSESS THE MINIMUM OF THE GUARANTEE FUND PROVIDED FOR IN ARTICLE 20 ( 2 ) .
2 . AN UNDERTAKING SEEKING AN AUTHORIZATION TO EXTEND ITS BUSINESS TO OTHER CLASSES OR , IN THE CASE REFERRED TO IN ARTICLE 6 ( 2 ) ( D ) , TO ANOTHER PART OF THE TERRITORY , SHALL BE REQUIRED TO SUBMIT A SCHEME OF OPERATIONS IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 9 AS REGARDS SUCH OTHER CLASSES OR OTHER PART OF THE TERRITORY .
IT SHALL , IN ADDITION , BE REQUIRED TO SHOW PROOF THAT IT POSSESSES THE MINIMUM SOLVENCY MARGIN PROVIDED FOR IN ARTICLE 19 AND THE GUARANTEE FUND REFERRED TO IN ARTICLE 20 ( 1 ) AND ( 2 ) .
3 . THE PRESENT COORDINATING MEASURES SHALL NOT PREVENT MEMBER STATES FROM APPLYING PROVISIONS REQUIRING DIRECTORS AND MANAGERS TO HAVE TECHNICAL QUALIFICATIONS OR FROM REQUIRING THE MEMORANDUM AND ARTICLES OF ASSOCIATION , THE GENERAL AND SPECIAL POLICY CONDITIONS , THE TECHNICAL BASES FOR CALCULATING IN PARTICULAR PREMIUM RATES AND RESERVES REFERRED TO IN ARTICLE 17 AND ANY OTHER DOCUMENT NECESSARY FOR THE NORMAL EXERCISE OF SUPERVISION TO BE APPROVED .
4 . THE ABOVEMENTIONED PROVISIONS MAY NOT REQUIRE THAT ANY APPLICATION FOR AN AUTHORIZATION SHALL BE DEALT WITH IN THE LIGHT OF THE ECONOMIC REQUIREMENTS OF THE MARKET .
ARTICLE 9
THE SCHEME OF OPERATIONS REFERRED TO IN ARTICLE 8 ( 1 ) ( C ) AND ( 2 ) SHALL CONTAIN THE FOLLOWING PARTICULARS OR EVIDENCE OF COVER :
( A ) THE NATURE OF THE COMMITMENTS WHICH THE UNDERTAKING PROPOSES TO COVER ; THE GENERAL AND SPECIAL POLICY CONDITIONS WHICH IT PROPOSES TO USE ;
( B ) THE TECHNICAL BASES THAT THE UNDERTAKING PROPOSES TO EMPLOY FOR EACH CLASS OF BUSINESS , INCLUDING THE DATA NEEDED TO CALCULATE PREMIUM RATES AND RESERVES REFERRED TO IN ARTICLE 17 ;
( C ) THE GUIDING PRINCIPLES AS TO REINSURANCE ;
( D ) THE ITEMS CONSTITUTING THE MINIMUM OF THE GUARANTEE FUND ;
( E ) ESTIMATES RELATING TO THE EXPENSES OF INSTALLING THE ADMINISTRATIVE SERVICES AND THE ORGANIZATION FOR SECURING BUSINESS AND THE FINANCIAL RESOURCES INTENDED TO COVER THEM ;
AND , IN ADDITION , SHALL INCLUDE FOR THE FIRST THREE FINANCIAL YEARS :
( F ) A FORECAST BALANCE SHEET ;
( G ) A PLAN SETTING OUT DETAILED ESTIMATES OF INCOME AND EXPENDITURE IN RESPECT OF DIRECT BUSINESS , REINSURANCE ACCEPTANCES AND REINSURANCE CESSIONS ;
( H ) ESTIMATES RELATING TO THE FINANCIAL RESOURCES INTENDED TO COVER UNDERWRITING LIABILITIES AND THE SOLVENCY MARGIN .
ARTICLE 10
1 . EACH MEMBER STATE SHALL REQUIRE THAT AN UNDERTAKING HAVING ITS HEAD OFFICE IN THE TERRITORY OF ANOTHER MEMBER STATE AND SEEKING AN AUTHORIZATION TO OPEN AN AGENCY OR BRANCH SHALL :
( A ) SUBMIT ITS MEMORANDUM AND ARTICLES OF ASSOCIATION AND A LIST OF ITS DIRECTORS AND MANAGERS ;
( B ) PRODUCE A CERTIFICATE ISSUED BY THE COMPETENT AUTHORITIES OF THE HEAD OFFICE MEMBER STATE , ATTESTING THE CLASSES OF INSURANCE WHICH THE UNDERTAKING IS ENTITLED TO COVER AND THAT IT POSSESSES THE MINIMUM OF THE GUARANTEE FUND OR IF HIGHER , THE MINIMUM SOLVENCY MARGIN CALCULATED IN ACCORDANCE WITH ARTICLE 19 AND STATING THE CLASSES OF INSURANCE WHICH IT ACTUALLY UNDERWRITES AND THE FINANCIAL RESOURCES REFERRED TO IN ARTICLE 11 ( 1 ) ( E ) ;
( C ) SUBMIT A SCHEME OF OPERATIONS IN ACCORDANCE WITH ARTICLE 11 ;
( D ) DESIGNATE A GENERAL REPRESENTATIVE HAVING HIS PERMANENT RESIDENCE AND ABODE IN THE HOST COUNTRY AND POSSESSING SUFFICIENT POWERS TO BIND THE UNDERTAKING IN RELATION TO THIRD PARTIES AND TO REPRESENT IT IN RELATIONS WITH THE AUTHORITIES AND COURTS OF THE HOST COUNTRY ; IF THE REPRESENTATIVE HAS A LEGAL PERSONALITY , IT MUST HAVE ITS HEAD OFFICE IN THE HOST COUNTRY AND IT MUST IN ITS TURN DESIGNATE AN INDIVIDUAL TO REPRESENT IT WHO COMPLIES WITH THE ABOVE CONDITIONS . THE DESIGNATED REPRESENTATIVE SHALL NOT BE OBJECTED TO BY THE MEMBER STATE EXCEPT ON GROUNDS RELATING TO REPUTE OR TECHNICAL QUALIFICATIONS SUCH AS APPLY TO DIRECTORS OR MANAGERS OF UNDERTAKINGS WHOSE HEAD OFFICES ARE SITUATED IN THE TERRITORY OF THE STATE IN QUESTION .
2 . EACH MEMBER STATE SHALL REQUIRE THAT FOR THE PURPOSE OF EXTENDING THE BUSINESS OF THE AGENCY OR BRANCH , EITHER TO OTHER CLASSES OR TO OTHER PARTS OF THE NATIONAL TERRITORY IN THE CASE PROVIDED FOR IN ARTICLE 6 ( 2 ) ( D ) , THE APPLICANT FOR THE AUTHORIZATION SHALL SUBMIT A SCHEME OF OPERATIONS IN ACCORDANCE WITH ARTICLE 11 AND COMPLY WITH THE CONDITIONS CONTAINED IN PARAGRAPH 1 ( B ) OF THIS ARTICLE .
3 . THE PRESENT COORDINATING MEASURES SHALL NOT PREVENT MEMBER STATES FRON ENFORCING PROVISIONS REQUIRING , FOR ALL INSURANCE UNDERTAKINGS , APPROVAL OF THE GENERAL AND SPECIAL POLICY CONDITIONS , OF THE TECHNICAL BASES FOR CALCULATING IN PARTICULAR PREMIUM RATES AND RESERVES REFERRED TO IN ARTICLE 17 AND OF ANY OTHER DOCUMENT NECESSARY FOR THE NORMAL EXERCISE OF SUPERVISION .
4 . THE ABOVEMENTIONED PROVISIONS MAY NOT REQUIRE THAT ANY APPLICATION FOR AUTHORIZATION SHALL BE EXAMINED IN THE LIGHT OF THE ECONOMIC REQUIREMENTS OF THE MARKET .
ARTICLE 11
1 . THE SCHEME OF OPERATIONS OF THE AGENCY OR BRANCH REFERRED TO IN ARTICLE 10 ( 1 ) ( C ) AND ( 2 ) SHALL CONTAIN THE FOLLOWING PARTICULARS OR EVIDENCE OF :
( A ) THE NATURE OF THE COMMITMENTS WHICH THE UNDERTAKING PROPOSES TO TAKE ON IN THE HOST COUNTRY ; THE GENERAL AND SPECIAL POLICY CONDITIONS WHICH IT PROPOSES TO USE ;
( B ) THE TECHNICAL BASES WHICH THE UNDERTAKING PROPOSES TO EMPLOY FOR EACH CLASS OF BUSINESS , INCLUDING THE DATA NEEDED TO CALCULATE PREMIUM RATES AND RESERVES REFERRED TO IN ARTICLE 17 ;
( C ) THE GUIDING PRINCIPLES AS TO REINSURANCE ;
( D ) THE STATE OF THE UNDERTAKING'S SOLVENCY MARGIN AND GUARANTEE FUND REFERRED TO IN ARTICLES 18 , 19 AND 20 ;
( E ) ESTIMATES RELATING TO THE EXPENSES OF INSTALLING THE ADMINISTRATIVE SERVICES AND THE ORGANIZATION FOR SECURING BUSINESS AND THE FINANCIAL RESOURCES INTENDED TO COVER THEM ;
AND , IN ADDITION SHALL INCLUDE , FOR THE FIRST THREE FINANCIAL YEARS :
( F ) A FORECAST BALANCE SHEET FOR THE AGENCY OR BRANCH ;
( G ) A PLAN SETTING OUT DETAILED ESTIMATES OF INCOME AND EXPENDITURE IN RESPECT OF DIRECT BUSINESS , REINSURANCE ACCEPTANCES AND REINSURANCE CESSIONS .
2 . THE SCHEME OF OPERATIONS SHALL BE ACCOMPANIED BY THE BALANCE SHEET AND PROFIT AND LOSS ACCOUNT OF THE UNDERTAKING FOR EACH OF THE PAST THREE FINANCIAL YEARS . IF , HOWEVER , IT HAS NOT YET BEEN IN BUSINESS FOR THREE FINANCIAL YEARS IT SHALL BE REQUIRED TO FURNISH THEM ONLY FOR THE FINANCIAL YEARS COMPLETED .
3 . THE SCHEME OF OPERATIONS , TOGETHER WITH THE OBSERVATIONS OF THE AUTHORITIES COMPETENT TO ISSUE AUTHORIZATION , SHALL BE FORWARDED TO THE COMPETENT AUTHORITIES OF THE HEAD-OFFICE MEMBER STATE . THE LATTER AUTHORITIES SHALL COMMUNICATE THEIR OPINION TO THE FORMER WITHIN THREE MONTHS FROM THE RECEIPT OF THE DOCUMENTS ; IF THEIR OPINION HAS NOT BEEN COMMUNICATED UPON THE EXPIRY OF THIS TIME , IT SHALL BE DEEMED TO BE FAVOURABLE .
ARTICLE 12
ANY DECISION TO REFUSE AN AUTHORIZATION SHALL BE ACCOMPANIED BY THE PRECISE GROUNDS FOR DOING SO AND NOTIFIED TO THE UNDERTAKING IN QUESTION .
EACH MEMBER STATE SHALL MAKE PROVISION FOR A RIGHT TO APPLY TO THE COURTS SHOULD THERE BE ANY REFUSAL .
SUCH PROVISION SHALL ALSO BE MADE WITH REGARD TO CASES WHERE THE COMPETENT AUTHORITIES HAVE NOT DEALT WITH AN APPLICATION FOR AN AUTHORIZATION UPON THE EXPIRY OF A PERIOD OF SIX MONTHS FROM THE DATE OF ITS RECEIPT .
ARTICLE 13
1 . SUBJECT TO PARAGRAPH 3 , NO UNDERTAKING MAY SIMULTANEOUSLY CARRY ON IN A MEMBER STATE THE ACTIVITIES REFERRED TO IN THE ANNEX TO THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) AND THOSE LISTED IN ARTICLE 1 OF THIS DIRECTIVE .
2 . WHERE AN UNDERTAKING CARRYING ON THE ACTIVITIES REFERRED TO IN THE ANNEX TO THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) HAS FINANCIAL , COMMERCIAL OR ADMINISTRATIVE LINKS WITH AN UNDERTAKING CARRYING ON THE ACTIVITIES COVERED BY THIS DIRECTIVE , THE SUPERVISORY AUTHORITIES OF THE MEMBER STATES IN WHOSE TERRITORY THE HEAD OFFICES OF THOSE UNDERTAKINGS ARE SITUATED SHALL ENSURE THAT THE ACCOUNTS OF THE UNDERTAKINGS IN QUESTION ARE NOT DISTORTED BY AGREEMENTS BETWEEN THESE UNDERTAKINGS OR BY ANY ARRANGEMENT WHICH COULD AFFECT THE APPORTIONMENT OF EXPENSES AND INCOME .
3 . SUBJECT TO PARAGRAPH 6 , UNDERTAKINGS WHICH AT THE TIME OF NOTIFICATION OF THIS DIRECTIVE CARRY ON SIMULTANEOUSLY IN A MEMBER STATE BOTH OF THE ACTIVITIES REFERRED TO IN PARAGRAPH 1 MAY CONTINUE TO DO SO THERE PROVIDED THAT EACH ACTIVITY IS SEPARATELY MANAGED IN ACCORDANCE WITH ARTICLE 14 .
4 . THE UNDERTAKINGS REFERRED TO IN PARAGRAPH 3 MAY SET UP AGENCIES OR BRANCHES IN THE OTHER MEMBER STATES ONLY FOR THE CLASSES LISTED IN THE ANNEX TO THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) .
5 . THE UNDERTAKINGS REFERRED TO IN PARAGRAPH 3 MAY , BY SETTING UP SUBSIDIARIES IN OTHER MEMBER STATES TO CARRY ON THE ACTIVITIES REFERRED TO IN THIS DIRECTIVE , AVAIL THEMSELVES OF THE CONDITIONS AND FACILITIES LAID DOWN IN ARTICLE 35 FOR A TRANSITIONAL PERIOD OF 10 YEARS FROM THE DATE OF NOTIFICATION OF THIS DIRECTIVE , PROVIDED THEY DO NOT ALREADY HAVE AN AGENCY OR BRANCH CARRYING ON IN SUCH MEMBER STATES ANY ACTIVITIES OTHER THAN THOSE COVERED BY THIS DIRECTIVE .
6 . ( A ) ANY MEMBER STATE MAY REQUIRE UNDERTAKINGS WHOSE HEAD OFFICES ARE ESTABLISHED IN ITS TERRITORY TO CEASE , WITHIN A PERIOD TO BE DETERMINED BY THE MEMBER STATE CONCERNED , THE SIMULTANEOUS PURSUIT OF ACTIVITIES IN WHICH THEY WERE ENGAGED AT THE TIME OF NOTIFICATION OF THIS DIRECTIVE .
( B ) AFTER CONSULTING THE SUPERVISORY AUTHORITY OF THE HEAD OFFICE MEMBER STATE , PARTICULARLY IN REGARD TO THE PERIOD WITHIN WHICH SUCH ACTION MUST TAKE PLACE , ANY MEMBER STATE MAY ALSO IMPOSE THIS REQUIREMENT ON AGENCIES OR BRANCHES ESTABLISHED IN ITS TERRITORY WHICH SIMULTANEOUSLY CARRY ON BOTH ACTIVITIES THERE .
( C ) AGENCIES AND BRANCHES OF THE UNDERTAKINGS REFERRED TO IN PARAGRAPH 3 WHICH , AT THE TIME OF NOTIFICATION OF THIS DIRECTIVE , ARE ENGAGED IN THE TERRITORY OF A MEMBER STATE SOLELY IN THE ACTIVITIES COVERED BY THIS DIRECTIVE MAY CONTINUE THEIR ACTIVITIES THERE . IF THE UNDERTAKING WISHES TO CARRY ON THE ACTIVITIES COVERED BY THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) IN THAT TERRITORY IT MAY ONLY CARRY ON THE ACTIVITIES MENTIONED IN THIS DIRECTIVE THROUGH A SUBSIDIARY .
ARTICLE 14
1 . THE SEPARATE MANAGEMENT REFERRED TO IN ARTICLE 13 ( 3 ) MUST BE ORGANIZED IN SUCH A WAY THAT THE ACTIVITIES COVERED BY THIS DIRECTIVE ARE DISTINCT FROM THE ACTIVITIES COVERED BY THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) IN ORDER THAT :
- THE RESPECTIVE INTERESTS OF LIFE POLICY-HOLDERS AND NON-LIFE POLICY-HOLDERS ARE NOT PREJUDICED AND , IN PARTICULAR , THAT PROFITS FROM LIFE ASSURANCE BENEFIT LIFE POLICY-HOLDERS AS IF THE UNDERTAKING ONLY CARRIED ON THE ACTIVITY OF LIFE ASSURANCE ,
- THE MINIMUM FINANCIAL OBLIGATIONS , IN PARTICULAR SOLVENCY MARGINS , IN RESPECT OF ONE OR OTHER OF THE TWO ACTIVITIES , NAMELY AN ACTIVITY UNDER THIS DIRECTIVE AND AN ACTIVITY UNDER THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) ARE NOT BORNE BY THE OTHER ACTIVITY .
HOWEVER , AS LONG AS THE MINIMUM FINANCIAL OBLIGATIONS ARE FULFILLED UNDER THE CONDITIONS LAID DOWN IN THE SECOND INDENT OF THE FIRST SUBPARAGRAPH AND , PROVIDED THE COMPETENT AUTHORITY IS INFORMED , THE UNDERTAKING MAY USE THOSE EXPLICIT ITEMS OF THE SOLVENCY MARGIN WHICH ARE STILL AVAILABLE FOR ONE OR OTHER ACTIVITY .
THE SUPERVISORY AUTHORITIES SHALL ANALYZE THE RESULTS IN BOTH ACTIVITIES SO AS TO ENSURE THAT THE PROVISIONS OF THIS PARAGRAPH ARE COMPLIED WITH .
2 . ( A ) ACCOUNTS SHALL BE DRAWN UP IN SUCH A MANNER AS TO SHOW THE SOURCES OF THE RESULTS FOR EACH OF THE TWO ACTIVITIES , LIFE ASSURANCE AND NON-LIFE INSURANCE . TO THIS END ALL INCOME ( IN PARTICULAR PREMIUMS , PAYMENTS BY RE-INSURERS AND INVESTMENT INCOME ) AND EXPENDITURE ( IN PARTICULAR INSURANCE SETTLEMENTS , ADDITIONS TO TECHNICAL RESERVES , REINSURANCE PREMIUMS , OPERATING EXPENSES IN RESPECT OF INSURANCE BUSINESS ) SHALL BE BROKEN DOWN ACCORDING TO ORIGIN . ITEMS COMMON TO BOTH ACTIVITIES SHALL BE ENTERED IN ACCORDANCE WITH METHODS OF APPORTIONMENT TO BE ACCEPTED BY THE COMPETENT SUPERVISORY AUTHORITY .
( B ) UNDERTAKINGS MUST , ON THE BASIS OF THE ACCOUNTS , PREPARE A STATEMENT CLEARLY IDENTIFYING THE ITEMS MAKING UP EACH SOLVENCY MARGIN , IN ACCORDANCE WITH ARTICLE 18 OF THIS DIRECTIVE AND ARTICLE 16 ( 1 ) OF THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) .
3 . IF ONE OF THE SOLVENCY MARGINS IS INSUFFICIENT , THE SUPERVISORY AUTHORITIES SHALL APPLY TO THE DEFICIENT ACTIVITY THE MEASURES PROVIDED FOR IN THE RELEVANT DIRECTIVE , WHATEVER THE RESULTS IN THE OTHER ACTIVITY . BY WAY OF DEROGATION FROM THE SECOND INDENT OF THE FIRST SUBPARAGRAPH OF PARAGRAPH 1 , THESE MEASURES MAY INVOLVE THE AUTHORIZATION OF A TRANSFER FROM ONE ACTIVITY TO THE OTHER .
SECTION B
CONDITIONS FOR CARRYING ON ACTIVITIES
ARTICLE 15
MEMBER STATES SHALL COLLABORATE CLOSELY WITH ONE ANOTHER IN SUPERVISING THE FINANCIAL POSITION OF AUTHORIZED UNDERTAKINGS .
ARTICLE 16
THE SUPERVISORY AUTHORITY OF THE MEMBER STATE IN WHOSE TERRITORY THE HEAD OFFICE OF THE UNDERTAKING IS SITUATED MUST VERIFY THE STATE OF SOLVENCY OF THE UNDERTAKING WITH RESPECT TO ITS ENTIRE BUSINESS . THE SUPERVISORY AUTHORITIES OF THE OTHER MEMBER STATES SHALL PROVIDE THE FORMER WITH ALL THE INFORMATION NECESSARY TO ENABLE SUCH VERIFICATION TO BE EFFECTED .
ARTICLE 17
1 . EACH MEMBER STATE IN WHOSE TERRITORY ACTIVITIES ARE CARRIED ON BY AN UNDERTAKING SHALL REQUIRE THE UNDERTAKING TO ESTABLISH SUFFICIENT TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES .
THE AMOUNT OF THE TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , SHALL BE DETERMINED ACCORDING TO THE RULES FIXED BY THE MEMBER STATE , OR , IN THE ABSENCE OF SUCH RULES , ACCORDING TO THE ESTABLISHED PRACTICES IN SUCH STATE .
2 . TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , SHALL BE REQUIRED TO BE COVERED BY EQUIVALENT AND MATCHING ASSETS LOCALIZED IN EACH COUNTRY WHERE ACTIVITIES ARE CARRIED ON . MEMBER STATES MAY , HOWEVER , PERMIT RELAXATIONS IN THE RULES AS TO MATCHING ASSETS AND THE LOCALIZATION OF ASSETS . RELAXATIONS OF THE RULE ON MATCHING ASSETS SHALL TAKE ACCOUNT OF THE CHARACTERISTICS OF LIFE ASSURANCE WHICH IS PRIMARILY A FORM OF CAPITAL AND LONG-TERM INSURANCE .
HAVING REGARD TO ITS SPECIAL POSITION , LUXEMBOURG MAY , PENDING COORDINATION OF LEGISLATION ON THE WINDING-UP OF UNDERTAKINGS , RETAIN ITS SYSTEM OF GUARANTEES FOR TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , EXISTING AT THE DATE OF NOTIFICATION OF THIS DIRECTIVE .
THE REGULATIONS OF THE COUNTRY WHERE ACTIVITIES ARE CARRIED ON SHALL DETERMINE THE NATURE OF SUCH ASSETS AND , WHERE APPROPRIATE , THE EXTENT TO WHICH THEY MAY BE USED FOR THE PURPOSE OF COVERING THE TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , AND SHALL ALSO DETERMINE THE RULES FOR VALUING SUCH ASSETS .
COMPLIANCE WITH THESE REGULATIONS MAY BE ENSURED BY THE INTERVENTION OF A PERSON OR INSTITUTION FROM OUTSIDE THE UNDERTAKING WITH RESPONSIBILITY FOR VERIFYING ON THE SPOT WHETHER THE ASSETS REPRESENTING TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , COMPLY WITH THE REGULATIONS . THIS SHALL BE THE FUNCTION OF , IN PARTICULAR , THE " TREUHAENDER " IN GERMANY AND OF THE " TILLIDSMAND " IN DENMARK .
3 . IF A MEMBER STATE ALLOWS ANY TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , TO BE COVERED BY CLAIMS AGAINST RE-INSURERS , IT SHALL FIX THE PERCENTAGE SO ALLOWED . IN SUCH CASE , IT MAY NOT REQUIRE THE ASSETS REPRESENTING SUCH CLAIMS TO BE LOCALIZED IN ITS TERRITORY , NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH 2 .
4 . THE SUPERVISORY AUTHORITY OF THE MEMBER STATE IN WHOSE TERRITORY THE HEAD OFFICE OF AN UNDERTAKING IS SITUATED SHALL VERIFY THAT ITS BALANCE SHEET SHOWS IN RESPECT OF THE TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , ASSETS EQUIVALENT TO THE UNDERWRITING LIABILITIES ASSUMED IN ALL THE COUNTRIES WHERE IT CARRIES ON ACTIVITIES .
ARTICLE 18
EACH MEMBER STATE SHALL REQUIRE OF EVERY UNDERTAKING WHOSE HEAD OFFICE IS SITUATED IN ITS TERRITORY AN ADEQUATE SOLVENCY MARGIN IN RESPECT OF ITS ENTIRE BUSINESS .
THE SOLVENCY MARGIN SHALL CONSIST OF :
1 . THE ASSETS OF THE UNDERTAKING , FREE OF ALL FORESEEABLE LIABILITIES , LESS ANY INTANGIBLE ITEMS ; IN PARTICULAR THE FOLLOWING SHALL BE INCLUDED :
- THE PAID-UP SHARE CAPITAL OR , IN THE CASE OF A MUTUAL CONCERN , THE PAID-UP AMOUNT OF ITS FUND ,
- ONE HALF OF THE UNPAID-UP SHARE CAPITAL OR FUND ONCE 25 % OF SUCH CAPITAL OR FUND ARE PAID UP ,
- STATUTORY RESERVES AND FREE RESERVES NOT CORRESPONDING TO UNDERWRITING LIABILITIES ,
- ANY CARRY-FORWARD OF PROFITS ;
2 . IN SO FAR AS AUTHORIZED UNDER NATIONAL LAW , PROFIT RESERVES APPEARING IN THE BALANCE SHEET WHERE THEY MAY BE USED TO COVER ANY LOSSES WHICH MAY ARISE AND WHERE THEY HAVE NOT BEEN MADE AVAILABLE FOR DISTRIBUTION TO POLICY-HOLDERS ;
3 . UPON APPLICATION , WITH SUPPORTING EVIDENCE , BY THE UNDERTAKING TO THE SUPERVISORY AUTHORITY OF THE MEMBER STATE IN THE TERRITORY OF WHICH ITS HEAD OFFICE IS SITUATED AND WITH THE AGREEMENT OF THAT AUTHORITY :
( A ) AN AMOUNT EQUAL TO 50 % OF THE UNDERTAKING'S FUTURE PROFITS ; THE AMOUNT OF THE FUTURE PROFITS SHALL BE OBTAINED BY MULTIPLYING THE ESTIMATED ANNUAL PROFIT BY A FACTOR WHICH REPRESENTS THE AVERAGE PERIOD LEFT TO RUN ON POLICIES ; THE FACTOR USED MAY NOT EXCEED 10 ; THE ESTIMATED ANNUAL PROFIT SHALL BE THE ARITHMETICAL AVERAGE OF THE PROFITS MADE OVER THE LAST FIVE YEARS IN THE ACTIVITIES LISTED IN ARTICLE 1 .
THE BASES FOR CALCULATING THE FACTOR BY WHICH THE ESTIMATED ANNUAL PROFIT IS TO BE MULTIPLIED AND THE ITEMS COMPRISING THE PROFITS MADE SHALL BE DEFINED BY COMMON AGREEMENT BY THE COMPETENT AUTHORITIES OF THE MEMBER STATES IN COLLABORATION WITH THE COMMISSION . PENDING SUCH AGREEMENT , THOSE ITEMS SHALL BE DETERMINED IN ACCORDANCE WITH THE LAWS OF THE MEMBER STATE IN THE TERRITORY OF WHICH THE UNDERTAKING ( HEAD OFFICE , AGENCY OR BRANCH ) CARRIES ON ITS ACTIVITIES .
WHEN THE COMPETENT AUTHORITIES HAVE DEFINED THE CONCEPT OF PROFITS MADE , THE COMMISSION SHALL SUBMIT PROPOSALS FOR THE HARMONIZATION OF THIS CONCEPT BY MEANS OF A DIRECTIVE ON THE HARMONIZATION OF THE ANNUAL ACCOUNTS OF INSURANCE UNDERTAKINGS AND PROVIDING FOR THE COORDINATION SET OUT IN ARTICLE 1 ( 2 ) OF DIRECTIVE 78/660/EEC ( 7 ) ;
( B ) WHERE ZILLMERIZING IS NOT PRACTISED OR WHERE , IF PRACTISED , IT IS LESS THAN THE LOADING FOR ACQUISITION COSTS INCLUDED IN THE PREMIUM , THE DIFFERENCE BETWEEN A NON-ZILLMERIZED OR PARTIALLY ZILLMERIZED MATHEMATICAL RESERVE AND A MATHEMATICAL RESERVE ZILLMERIZED AT A RATE EQUAL TO THE LOADING FOR ACQUISITION COSTS INCLUDED IN THE PREMIUM ; THIS FIGURE MAY NOT , HOWEVER , EXCEED 3,5 % OF THE SUM OF THE DIFFERENCES BETWEEN THE RELEVANT CAPITAL SUMS OF LIFE ASSURANCE ACTIVITIES AND THE MATHEMATICAL RESERVES FOR ALL POLICIES FOR WHICH ZILLMERIZING IS POSSIBLE ; THE DIFFERENCE SHALL BE REDUCED BY THE AMOUNT OF ANY UNDEPRECIATED ACQUISITION COSTS ENTERED AS AN ASSET ;
( C ) WHERE APPROVAL IS GIVEN BY THE SUPERVISORY AUTHORITIES OF THE MEMBER STATES CONCERNED IN WHICH THE UNDERTAKING IS CARRYING ON ITS ACTIVITIES ANY HIDDEN RESERVES RESULTING FROM THE UNDER-ESTIMATION OF ASSETS AND OVER-ESTIMATION OF LIABILITIES OTHER THAN MATHEMATICAL RESERVES IN SO FAR AS SUCH HIDDEN RESERVES ARE NOT OF AN EXCEPTIONAL NATURE .
ARTICLE 19
SUBJECT TO ARTICLE 20 , THE MINIMUM SOLVENCY MARGIN SHALL BE DETERMINED AS SHOWN BELOW ACCORDING TO THE CLASSES OF INSURANCE UNDERWRITTEN :
( A ) FOR THE KINDS OF INSURANCE REFERRED TO IN ARTICLE 1 ( 1 ) ( A ) AND ( B ) OTHER THAN ASSURANCES LINKED TO INVESTMENT FUNDS AND FOR THE OPERATIONS REFERRED TO IN ARTICLE 1 ( 3 ) , IT MUST BE EQUAL TO THE SUM OF THE FOLLOWING TWO RESULTS :
- FIRST RESULT :
A 4 % FRACTION OF THE MATHEMATICAL RESERVES , RELATING TO DIRECT BUSINESS GROSS OF RE-INSURANCE CESSIONS AND TO RE-INSURANCE ACCEPTANCES SHALL BE MULTIPLIED BY THE RATIO , FOR THE LAST FINANCIAL YEAR , OF THE TOTAL MATHEMATICAL RESERVES NET OF RE-INSURANCE CESSIONS TO THE GROSS TOTAL MATHEMATICAL RESERVES AS SPECIFIED ABOVE ; THAT RATIO MAY IN NO CASE BE LESS THAN 85 % ;
- SECOND RESULT :
FOR POLICIES ON WHICH THE CAPITAL AT RISK IS NOT A NEGATIVE FIGURE , A 0,3 % FRACTION OF SUCH CAPITAL UNDERWRITTEN BY THE UNDERTAKING SHALL BE MULTIPLIED BY THE RATIO , FOR THE LAST FINANCIAL YEAR , OF THE TOTAL CAPITAL AT RISK RETAINED AS THE UNDERTAKING'S LIABILITY AFTER RE-INSURANCE CESSIONS AND RETROCESSIONS TO THE TOTAL CAPITAL AT RISK GROSS OF RE-INSURANCE ; THAT RATIO MAY IN NO CASE BE LESS THAN 50 % .
FOR TEMPORARY ASSURANCE ON DEATH OF A MAXIMUM TERM OF THREE YEARS THE ABOVE FRACTION SHALL BE 0,1 % ; FOR SUCH ASSURANCE OF A TERM OF MORE THAN THREE YEARS BUT NOT MORE THAN FIVE YEARS THE ABOVE FRACTION SHALL BE 0,15 % .
( B ) FOR THE SUPPLEMENTARY INSURANCE REFERRED TO IN ARTICLE 1 ( 1 ) ( C ) , IT SHALL BE EQUAL TO THE RESULT OF THE FOLLOWING CALCULATION :
- THE PREMIUMS OR CONTRIBUTIONS ( INCLUSIVE OF CHARGES ANCILLARY TO PREMIUMS OR CONTRIBUTIONS ) DUE IN RESPECT OF DIRECT BUSINESS IN THE LAST FINANCIAL YEAR IN RESPECT OF ALL FINANCIAL YEARS SHALL BE AGGREGATED ;
- TO THIS AGGREGATE THERE SHALL BE ADDED THE AMOUNT OF PREMIUMS ACCEPTED FOR ALL REINSURANCE IN THE LAST FINANCIAL YEAR ;
- FROM THIS SUM SHALL THEN BE DEDUCTED THE TOTAL AMOUNT OF PREMIUMS OR CONTRIBUTIONS CANCELLED IN THE LAST FINANCIAL YEAR AS WELL AS THE TOTAL AMOUNT OF TAXES AND LEVIES PERTAINING TO THE PREMIUMS OR CONTRIBUTIONS ENTERING INTO THE AGGREGATE .
THE AMOUNT SO OBTAINED SHALL BE DIVIDED INTO TWO PORTIONS , THE FIRST EXTENDING UP TO 10 MILLION UNITS OF ACCOUNT AND THE SECOND COMPRISING THE EXCESS ; 18 % AND 16 % OF THESE PORTIONS RESPECTIVELY SHALL BE CALCULATED AND ADDED TOGETHER .
THE RESULT SHALL BE OBTAINED BY MULTIPLYING THE SUM SO CALCULATED BY THE RATIO EXISTING IN RESPECT OF THE LAST FINANCIAL YEAR BETWEEN THE AMOUNT OF CLAIMS REMAINING TO BE BORNE BY THE UNDERTAKING AFTER DEDUCTION OF TRANSFERS FOR REINSURANCE AND THE GROSS AMOUNT OF CLAIMS ; THIS RATIO MAY IN NO CASE BE LESS THAN 50 % .
IN THE CASE OF THE ASSOCATION OF UNDERWRITERS KNOWN AS LLOYD'S , THE CALCULATION OF THE SOLVENCY MARGIN SHALL BE MADE ON THE BASIS OF NET PREMIUMS , WHICH SHALL BE MULTIPLIED BY FLAT-RATE PERCENTAGE FIXED ANNUALLY BY THE SUPERVISORY AUTHORITY OF THE HEAD-OFFICE MEMBER STATE . THIS FLAT-RATE PERCENTAGE MUST BE CALCULATED ON THE BASIS OF THE MOST RECENT STATISTICAL DATA ON COMMISSIONS PAID . THE DETAILS TOGETHER WITH THE RELEVANT CALCULATIONS SHALL BE SENT TO THE SUPERVISORY AUTHORITIES OF THE COUNTRIES IN WHOSE TERRITORY LLOYD'S IS ESTABLISHED .
( C ) FOR PERMANENT HEALTH INSURANCE NOT SUBJECT TO CANCELLATION REFERRED TO IN ARTICLE 1 ( 1 ) ( D ) , AND FOR CAPITAL REDEMPTION OPERATIONS REFERRED TO IN ARTICLE 1 ( 2 ) ( B ) , IT SHALL BE EQUAL TO A 4 % FRACTION OF THE MATHEMATICAL RESERVES CALCULATED IN COMPLIANCE WITH THE CONDITIONS SET OUT IN THE FIRST RESULT IN ( A ) OF THIS ARTICLE .
( D ) FOR TONTINES , REFERRED TO IN ARTICLE 1 ( 2 ) ( A ) , IT SHALL BE EQUAL TO 1 % OF THEIR ASSETS .
( E ) FOR ASSURANCES COVERED BY ARTICLE 1 ( 1 ) ( A ) AND ( B ) LINKED TO INVESTMENT FUNDS AND FOR THE OPERATIONS REFERRED TO IN ARTICLE 1 ( 2 ) ( C ) , ( D ) AND ( E ) IT SHALL BE EQUAL TO :
- A 4 % FRACTION OF THE MATHEMATICAL RESERVES , CALCULATED IN COMPLIANCE WITH THE CONDITIONS SET OUT IN THE FIRST RESULT IN ( A ) OF THIS ARTICLE IN SO FAR AS THE UNDERTAKING BEARS AN INVESTMENT RISK , AND A 1 % FRACTION OF THE RESERVES CALCULATED IN THE FASHION , IN SO FAR AS THE UNDERTAKING BEARS NO INVESTMENT RISK PROVIDED THAT THE TERM OF THE CONTRACT EXCEEDS FIVE YEARS AND THE ALLOCATION TO COVER MANAGEMENT EXPENSES SET OUT IN THE CONTRACT IS FIXED FOR A PERIOD EXCEEDING FIVE YEARS
PLUS
- A 0,3 % FRACTION OF THE CAPITAL AT RISK CALCULATED IN COMPLIANCE WITH THE CONDITIONS SET OUT IN THE FIRST SUBPARAGRAPH OF THE SECOND RESULT OF ( A ) OF THIS ARTICLE IN SO FAR AS THE UNDERTAKING COVERS A DEATH RISK .
ARTICLE 20
1 . ONE THIRD OF THE MINIMUM SOLVENCY MARGIN AS SPECIFIED IN ARTICLE 19 SHALL CONSTITUTE THE GUARANTEE FUND . SUBJECT TO PARAGRAPH 2 , AT LEAST 50 % OF THIS FUND SHALL CONSIST OF THE ITEMS LISTED IN ARTICLE 18 ( 1 ) AND ( 2 ) .
2 . ( A ) THE GUARANTEE FUND MAY NOT , HOWEVER , BE LESS THAN A MINIMUM OF 800 000 UNITS OF ACCOUNT .
( B ) ANY MEMBER STATE MAY PROVIDE FOR THE MINIMUM OF THE GUARANTEE FUND TO BE REDUCED TO 600 000 UNITS OF ACCOUNT IN THE CASE OF MUTUAL ASSOCIATIONS AND MUTUAL-TYPE ASSOCIATIONS AND TONTINES .
( C ) FOR MUTUAL ASSOCIATIONS REFERRED TO IN THE SECOND SENTENCE OF THE SECOND INDENT OF ARTICLE 3 ( 2 ) , AS SOON AS THEY COME WITHIN THE SCOPE OF THIS DIRECTIVE , AND FOR TONTINES , ANY MEMBER STATE MAY PERMIT THE ESTABLISHMENT OF A MINIMUM OF THE GUARANTEE FUND OF 100 000 UNITS OF ACCOUNT TO BE INCREASED PROGRESSIVELY TO THE AMOUNT FIXED IN ( B ) BY SUCCESSIVE TRANCHES OF 100 000 UNITS OF ACCOUNT WHENEVER THE CONTRIBUTIONS INCREASE BY 500 000 UNITS OF ACCOUNT .
( D ) THE MINIMUM OF THE GUARANTEE FUND REFERRED TO IN ( A ) , ( B ) AND ( C ) MUST CONSIST OF THE ITEMS LISTED IN ARTICLE 18 ( 1 ) AND ( 2 ) .
3 . MUTUAL ASSOCIATIONS WISHING TO EXTEND THEIR BUSINESS WITHIN THE MEANING OF ARTICLE 8 ( 2 ) OR ARTICLE 10 MAY NOT DO SO UNLESS THEY COMPLY IMMEDIATELY WITH THE REQUIREMENTS OF PARAGRAPH 2 ( A ) AND ( B ) OF THIS ARTICLE .
ARTICLE 21
1 . MEMBER STATES SHALL NOT PRESCRIBE ANY RULES AS TO THE CHOICE OF THE ASSETS IN EXCESS OF THOSE REPRESENTING THE RESERVES REFERRED TO IN ARTICLE 17 .
2 . SUBJECT TO ARTICLE 17 ( 2 ) , ARTICLE 24 ( 1 ) AND ( 3 ) AND THE LAST SUBPARAGRAPH OF ARTICLE 26 ( 1 ) , MEMBER STATES SHALL NOT RESTRAIN THE FREE DISPOSAL OF ASSETS , WHETHER MOVABLE OR IMMOVABLE , FORMING PART OF THE ASSETS OF AUTHORIZED UNDERTAKINGS .
3 . THIS ARTICLE SHALL NOT PRECLUDE ANY MEASURES WHICH MEMBER STATES , WHILE OBSERVING THE RULES PREVAILING IN COUNTRIES WHERE ACTIVITIES ARE CARRIED ON AS REQUIRED UNDER ARTICLE 17 ( 2 ) AND WHILE SAFEGUARDING THE INTERESTS OF POLICY-HOLDERS , ARE ENTITLED TO TAKE AS OWNERS OR MEMBERS OR ASSOCIATES OF THE UNDERTAKINGS IN QUESTION .
ARTICLE 22
1 . MEMBER STATES MAY NOT REQUIRE UNDERTAKINGS TO CEDE PART OF THEIR UNDERWRITING OF ACTIVITIES LISTED IN ARTICLE 1 TO AN ORGANIZATION OR ORGANIZATIONS DESIGNATED BY NATIONAL REGULATIONS .
2 . ( A ) THE ITALIAN REPUBLIC MAY , AS AN EXCEPTION , CONTINUE TO REQUIRE UNDERTAKINGS ESTABLISHED IN ITS TERRITORY TO CEDE PART OF THEIR UNDERWRITING TO THE ISTITUTO NAZIONALE DI ASSICURAZIONI , ON CONDITION THAT :
- THE EXTENT OF THAT REQUIREMENT AS AT THE TIME OF NOTIFICATION OF THIS DIRECTIVE IS IN NO WAY ENLARGED ,
- WHERE ACCOUNT IS TAKEN , IN DETERMINING THE COMPULSORY CESSION PERCENTAGE , OF THE PERIOD DURING WHICH THE AGENCY OR BRANCH HAS BEEN ESTABLISHED IN ITALY , ACCOUNT SHALL ALSO BE TAKEN OF THE TOTAL NUMBER OF FINANCIAL YEARS DURING WHICH THE UNDERTAKING HAS CARRIED ON THE KINDS OF INSURANCE REFERRED TO IN ARTICLE 1 IN THE TERRITORY OF THE MEMBER STATE IN WHICH ITS HEAD OFFICE IS SITUATED . IN SUCH CASES , THE COMPETENT AUTHORITY IN THAT STATE SHALL ISSUE A CERTIFICATE IN CONFORMITY WITH THAT REFERRED TO IN ARTICLE 10 ( 1 ) ( B ) IN RESPECT OF THE ENTIRE PERIOD DURING WHICH THE UNDERTAKING HAS CARRIED ON BUSINESS IN THOSE KINDS OF INSURANCE .
( B ) THIS MATTER SHALL BE RE-EXAMINED IN CONNECTION WITH A SECOND DIRECTIVE RELATING TO THE COORDINATION OF LAWS ON LIFE ASSURANCE AND LAYING DOWN PROVISIONS INTENDED TO FACILITATE THE EFFECTIVE EXERCISE OF FREEDOM TO PROVIDE SERVICES .
ARTICLE 23
1 . EACH MEMBER STATE SHALL REQUIRE EVERY UNDERTAKING WHOSE HEAD OFFICE IS SITUATED IN ITS TERRITORY TO PRODUCE AN ANNUAL ACCOUNT , COVERING ALL TYPES OF OPERATION , OF ITS FINANCIAL SITUATION AND SOLVENCY .
2 . MEMBER STATES SHALL REQUIRE UNDERTAKINGS CARRYING ON ACTIVITIES IN THEIR TERRITORY TO RENDER PERIODICALLY THE RETURNS , TOGETHER WITH STATISTICAL DOCUMENTS , WHICH ARE NECESSARY FOR THE PURPOSES OF SUPERVISION . THE COMPETENT SUPERVISORY AUTHORITIES SHALL FURNISH EACH OTHER WITH THE DOCUMENTS AND INFORMATION NECESSARY FOR EXERCISING SUPERVISION .
ARTICLE 24
1 . IF AN UNDERTAKING DOES NOT COMPLY WITH THE PROVISIONS ENVISAGED IN ARTICLE 17 , THE SUPERVISORY AUTHORITY OF THE MEMBER STATE IN WHOSE TERRITORY IT CARRIES ON ITS ACTIVITY MAY PROHIBIT THE FREE DISPOSAL OF ASSETS LOCALIZED IN THAT MEMBER STATE AFTER HAVING INFORMED THE SUPERVISORY AUTHORITIES OF THE HEAD-OFFICE MEMBER STATE OF ITS INTENTION .
2 . FOR THE PURPOSES OF RESTORTING THE FINANCIAL SITUATION OF AN UNDERTAKING WHOSE SOLVENCY MARGIN HAS FALLEN BELOW THE MINIMUM REQUIRED UNDER ARTICLE 19 , THE SUPERVISORY AUTHORITY OF THE HEAD-OFFICE MEMBER STATE SHALL REQUIRE A PLAN FOR THE RESTORATION OF A SOUND FINANCIAL POSITION TO BE SUBMITTED FOR ITS APPROVAL .
3 . IF THE SOLVENCY MARGIN FALLS BELOW THE GUARANTEE FUND AS DEFINED IN ARTICLE 20 , OR IF THE LATTER IS NO LONGER CONSTITUTED AS LAID DOWN IN THAT ARTICLE , THE SUPERVISORY AUTHORITY OF THE HEAD-OFFICE MEMBER STATE SHALL REQUIRE THE UNDERTAKING TO SUBMIT A SHORT-TERM FINANCE SCHEME FOR ITS APPROVAL .
IT MAY ALSO RESTRICT OR PROHIBIT THE FREE DISPOSAL OF THE ASSETS OF THE UNDERTAKING . IT SHALL INFORM THE AUTHORITIES OF OTHER MEMBER STATES IN WHOSE TERRITORIES THE UNDERTAKING IS AUTHORIZED OF ANY MEASURES AND THE LATTER SHALL , AT THE REQUEST OF THE FORMER , TAKE THE SAME MEASURES .
4 . THE COMPETENT SUPERVISORY AUTHORITIES MAY FURTHER TAKE ALL MEASURES NECESSARY TO SAFEGUARD THE POLICY-HOLDERS' INTERESTS IN THE CASES PROVIDED FOR IN PARAGRAPHS 1 AND 3 .
5 . THE SUPERVISORY AUTHORITIES OF OTHER MEMBER STATES IN WHOSE TERRITORY THE UNDERTAKING IN QUESTION HAS ALSO BEEN AUTHORIZED SHALL COLLABORATE FOR THE PURPOSE OF IMPLEMENTING THE PROVISONS REFERRED TO IN PARAGRAPHS 1 TO 4 .
ARTICLE 25
1 . EACH MEMBER STATE SHALL MAKE IT POSSIBLE FOR AN AUTHORIZED UNDERTAKING TO ASSIGN ALL OR PART OF ITS PORTFOLIO OF POLICIES IF THE ASSIGNEES POSSESS THE NECESSARY SOLVENCY MARGIN , DUE ACCOUNT BEING TAKEN OF THE ASSIGNMENT .
THE SUPERVISORY AUTHORITIES CONCERNED SHALL CONSULT EACH OTHER BEFORE APPROVING SUCH ASSIGNMENT .
2 . ONCE APPROVED BY THE COMPETENT NATIONAL AUTHORITY , SUCH ASSIGNMENT SHALL AFFECT DIRECTLY THE POLICY-HOLDERS CONCERNED .
SECTION C
WITHDRAWAL OF AUTHORIZATION
ARTICLE 26
1 . THE AUTHORIZATION GRANTED BY THE COMPETENT AUTHORITY OF THE MEMBER STATE IN WHOSE TERRITORY THE HEAD OFFICE IS SITUATED MAY BE WITHDRAWN BY SUCH AUTHORITY IF THE UNDERTAKING :
( A ) NO LONGER FULFILS THE CONDITIONS OF ADMISSION ;
( B ) HAS BEEN UNABLE , WITHIN THE TIME ALLOWED , TO TAKE THE MEASURES CONTAINED IN THE RESTORATION PLAN OR FINANCE SCHEME REFERRED TO IN ARTICLE 24 ;
( C ) FAILS SERIOUSLY IN ITS OBLIGATIONS UNDER THE NATIONAL REGULATIONS .
IN THE EVENT OF THE WITHDRAWAL OF THE AUTHORIZATION , THE SUPERVISORY AUTHORITY OF THE HEAD-OFFICE MEMBER STATE SHALL NOTIFY SUCH WITHDRAWAL TO THE SUPERVISORY AUTHORITIES OF OTHER MEMBER STATES WHICH HAVE AUTHORIZED THE UNDERTAKING ; THEY SHALL , THEREUPON , ALSO WITHDRAW THEIR AUTHORIZATION . THE SUPERVISORY AUTHORITY OF THE HEAD-OFFICE MEMBER STATE SHALL , IN CONJUNCTION WITH SUCH OTHER AUTHORITIES , TAKE ALL NECESSARY MEASURES TO SAFEGUARD POLICY-HOLDERS' INTERESTS AND , IN PARTICULAR , SHALL RESTRICT THE FREE DISPOSAL OF THE ASSETS OF THE UNDERTAKING IF SUCH RESTRICTION HAS NOT BEEN ALREADY IMPOSED IN ACCORDANCE WITH THE PROVISIONS OF THE SECOND SUBPARAGRAPH OF ARTICLE 24 ( 1 ) AND ( 3 ) .
2 . AN AUTHORIZATION GRANTED TO AN AGENCY OR BRANCH OF AN UNDERTAKING WHOSE HEAD OFFICE IS SITUATED IN ANOTHER MEMBER STATE MAY BE WITHDRAWN IF THE AGENCY OR BRANCH :
( A ) NO LONGER FULFILS THE CONDITIONS FOR ADMISSION ;
( B ) FAILS SERIOUSLY IN ITS OBLIGATIONS UNDER THE REGULATIONS OF THE MEMBER STATE WHERE IT CARRIES ON ITS ACTIVITY , WITH RESPECT IN PARTICULAR TO THE ESTABLISHMENT OF RESERVES REFERRED TO IN ARTICLE 17 .
BEFORE WITHDRAWING AUTHORIZATION THE SUPERVISORY AUTHORITIES OF THE MEMBER STATE WHERE THE ACTIVITY IS CARRIED ON SHALL CONSULT THE SUPERVISORY AUTHORITY OF THE MEMBER STATE WHERE THE HEAD OFFICE IS SITUATED . IF THEY DEEM IT NECESSARY TO SUSPEND THE BUSINESS OF SUCH AGENCY OR BRANCH BEFORE CONSULTATION IS CONCLUDED , THEY SHALL IMMEDIATELY ADVISE THE SUPERVISORY AUTHORITY OF THE COUNTRY WHERE THE HEAD OFFICE IS SITUATED .
3 . ANY DECISION TO WITHDRAW AUTHORIZATION OR SUSPEND BUSINESS SHALL BE SUPPORTED BY PRECISE REASONS AND NOTIFIED TO THE UNDERTAKING IN QUESTION .
EACH MEMBER STATE SHALL MAKE PROVISION FOR A RIGHT TO APPLY TO THE COURTS AGAINST SUCH A DECISION .
TITLE III
RULES APPLICABLE TO AGENCIES OR BRANCHES ESTABLISHED WITHIN THE COMMUNITY AND BELONGING TO UNDERTAKINGS WHOSE HEAD OFFICES ARE OUTSIDE THE COMMUNITY
ARTICLE 27
1 . EACH MEMBER STATE SHALL MAKE ACCESS TO THE ACTIVITIES REFERRED TO IN ARTICLE 1 BY ANY UNDERTAKING WHOSE HEAD OFFICE IS OUTSIDE THE COMMUNITY SUBJECT TO AN OFFICIAL AUTHORIZATION .
2 . A MEMBER STATE MAY GRANT AN AUTHORIZATION IF THE UNDERTAKING FULFILS AT LEAST THE FOLLOWING CONDITIONS :
( A ) IT IS ENTITLED TO UNDERTAKE INSURANCE ACTIVITIES COVERED BY ARTICLE 1 UNDER ITS NATIONAL LAW ;
( B ) IT ESTABLISHES AN AGENCY OR BRANCH IN THE TERRITORY OF SUCH MEMBER STATE ;
( C ) IT UNDERTAKES TO ESTABLISH AT THE PLACE OF MANAGEMENT OF THE AGENCY OR BRANCH ACCOUNTS SPECIFIC TO THE ACTIVITY WHICH IT CARRIES ON THERE AND TO KEEP THERE ALL THE RECORDS RELATING TO THE BUSINESS TRANSACTED ;
( D ) IT DESIGNATES A GENERAL REPRESENTATIVE , TO BE APPROVED BY THE COMPETENT AUTHORITIES ;
( E ) IT POSSESSES IN THE MEMBER STATE WHERE IT CARRIES ON AN ACTIVITY ASSETS OF AN AMOUNT EQUAL IN VALUE TO AT LEAST ONE HALF OF THE MINIMUM AMOUNT PRESCRIBED IN ARTICLE 20 ( 2 ) ( A ) IN RESPECT OF THE GUARANTEE FUND AND DEPOSITS ONE FOURTH OF THE MINIMUM AMOUNT AS SECURITY ;
( F ) IT UNDERTAKES TO KEEP A SOLVENCY MARGIN COMPLYING WITH ARTICLE 29 ;
( G ) IT SUBMITS A SCHEME OF OPERATIONS IN ACCORDANCE WITH ARTICLE 11 ( 1 ) AND ( 2 ) .
ARTICLE 28
MEMBER STATES SHALL REQUIRE UNDERTAKINGS TO ESTABLISH RESERVES , REFERRED TO IN ARTICLE 17 , ADEQUATE TO COVER THE UNDERWRITING LIABILITIES ASSUMED IN THEIR TERRITORIES . MEMBER STATES SHALL SEE THAT THE AGENCY OR BRANCH COVERS SUCH RESERVES BY MEANS OF ASSETS WHICH ARE EQUIVALENT TO SUCH RESERVES AND , TO THE EXTENT FIXED BY THE MEMBER STATE IN QUESTION , MATCHING ASSETS .
THE LAW OF THE MEMBER STATES SHALL BE APPLICABLE TO THE CALCULATION OF SUCH RESERVES , THE DETERMINATION OF CATEGORIES OF INVESTMENT AND THE VALUATION OF ASSETS , AND , WHERE APPROPRIATE , THE DETERMINATION OF THE EXTENT TO WHICH THESE ASSETS MAY BE USED FOR THE PURPOSE OF COVERING SUCH RESERVES .
THE MEMBER STATE IN QUESTION SHALL REQUIRE THAT THE ASSETS COVERING THESE RESERVES , SHALL BE LOCALIZED IN ITS TERRITORY . ARTICLE 17 ( 3 ) SHALL , HOWEVER , APPLY .
ARTICLE 29
1 . EACH MEMBER STATE SHALL REQUIRE OF AGENCIES OR BRANCHES SET UP IN ITS TERRITORY A SOLVENCY MARGIN CONSISTING OF THE ITEMS LISTED IN ARTICLE 18 . THE MINIMUM SOLVENCY MARGIN SHALL BE CALCULATED IN ACCORDANCE WITH ARTICLE 19 . HOWEVER , FOR THE PURPOSE OF CALCULATING THIS MARGIN , ACCOUNT SHALL BE TAKEN ONLY OF THE OPERATIONS EFFECTED BY THE AGENCY OR BRANCH CONCERNED .
2 . ONE THIRD OF THE MINIMUM SOLVENCY MARGIN SHALL CONSTITUTE THE GUARANTEE FUND .
HOWEVER , THE AMOUNT OF THIS FUND MAY NOT BE LESS THAN ONE HALF OF THE MINIMUM REQUIRED UNDER ARTICLE 20 ( 2 ) ( A ) . THE INITIAL DEPOSIT LODGED IN ACCORDANCE WITH ARTICLE 27 ( 2 ) ( E ) SHALL BE COUNTED TOWARDS SUCH GUARANTEE FUND .
THE GUARANTEE FUND AND THE MINIMUM OF SUCH FUND SHALL BE CONSTITUTED IN ACCORDANCE WITH ARTICLE 20 .
3 . THE ASSETS REPRESENTING THE MINIMUM SOLVENCY MARGIN MUST BE KEPT WITHIN THE MEMBER STATE WHERE ACTIVITIES ARE CARRIED ON UP TO THE AMOUNT OF THE GUARANTEE FUND AND THE EXCESS WITHIN THE COMMUNITY .
ARTICLE 30
1 . ANY UNDERTAKING WHICH HAS REQUESTED OR OBTAINED AUTHORIZATION FROM MORE THAN ONE MEMBER STATE MAY APPLY FOR THE FOLLOWING ADVANTAGES WHICH MAY BE GRANTED ONLY JOINTLY :
( A ) THE SOLVENCY MARGIN REFERRED TO IN ARTICLE 29 SHALL BE CALCULATED IN RELATION TO THE ENTIRE BUSINESS WHICH IT CARRIES ON WITHIN THE COMMUNITY ; IN SUCH CASE , ACCOUNT SHALL BE TAKEN ONLY OF THE OPERATIONS EFFECTED BY ALL THE AGENCIES OR BRANCHES ESTABLISHED WITHIN THE COMMUNITY FOR THE PURPOSES OF THIS CALCULATION ;
( B ) THE DEPOSIT REQUIRED UNDER ARTICLE 27 ( 2 ) ( E ) SHALL BE LODGED IN ONLY ONE OF THOSE MEMBER STATES ;
( C ) THE ASSETS REPRESENTING THE GUARANTEE FUND SHALL BE LOCALIZED IN ANY ONE OF THE MEMBER STATES IN WHICH IT CARRIES ON ITS ACTIVITIES .
2 . APPLICATION TO BENEFIT FROM THE ADVANTAGES PROVIDED FOR IN PARAGRPH 1 SHALL BE MADE TO THE COMPETENT AUTHORITIES OF THE MEMBER STATES CONCERNED . THE APPLICATION MUST STATE THE AUTHORITY OF THE MEMBER STATE WHICH IN FUTURE IS TO SUPERVISE THE SOLVENCY OF THE ENTIRE BUSINESS OF THE AGENCIES OR BRANCHES ESTABLISHED WITHIN THE COMMUNITY . REASONS MUST BE GIVEN FOR THE CHOICE OF AUTHORITY MADE BY THE UNDERTAKING . THE DEPOSIT SHALL BE LODGED WITH THAT MEMBER STATE .
3 . THE ADVANTAGES PROVIDED FOR IN PARAGRAPH 1 MAY ONLY BE GRANTED IF THE COMPETENT AUTHORITIES OF ALL MEMBER STATES IN WHICH AN APPLICATION HAS BEEN MADE AGREE TO THEM . THEY SHALL TAKE EFFECT FROM THE TIME WHEN THE SELECTED SUPERVISORY AUTHORITY INFORMS THE OTHER SUPERVISORY AUTHORITIES THAT IT WILL SUPERVISE THE STATE OF SOLVENCY OF THE ENTIRE BUSINESS OF THE AGENCIES OR BRANCHES WITHIN THE COMMUNITY .
THE SUPERVISORY AUTHORITY SELECTED SHALL OBTAIN FROM THE OTHER MEMBER STATES THE INFORMATION NECESSARY FOR THE SUPERVISION OF THE OVERALL SOLVENCY OF THE AGENCIES AND BRANCHES ESTABLISHED IN THEIR TERRITORY .
4 . AT THE REQUEST OF ONE OR MORE OF THE MEMBER STATES CONCERNED , THE ADVANTAGES GRANTED UNDER THIS ARTICLE SHALL BE WITHDRAWN SIMULTANEOUSLY BY ALL MEMBER STATES CONCERNED .
ARTICLE 31
1 . ( A ) SUBJECT TO POINT ( B ) , AGENCIES AND BRANCHES REFERRED TO IN THIS TITLE MAY NOT SIMULTANEOUSLY CARRY ON IN A MEMBER STATE THE ACTIVITIES REFERRED TO IN THE ANNEX TO THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) AND THOSE COVERED BY THIS DIRECTIVE .
( B ) SUBJECT TO POINT ( C ) , MEMBER STATES MAY PROVIDE THAT AGENCIES AND BRANCHES REFERRED TO IN THIS TITLE WHICH AT THE TIME OF NOTIFICATION OF THIS DIRECTIVE CARRY ON BOTH ACTIVITIES SIMULTANEOUSLY IN A MEMBER STATE MAY CONTINUE TO DO SO THERE PROVIDED THAT EACH ACTIVITY IS SEPARATELY MANAGED IN ACCORDANCE WITH ARTICLE 14 .
( C ) ANY MEMBER STATE WHICH UNDER ARTICLE 13 ( 6 ) ( A ) AND ( B ) REQUIRES UNDERTAKINGS ESTABLISHED IN ITS TERRITORY TO CEASE THE SIMULTANEOUS PURSUIT OF THE ACTIVITIES IN WHICH THEY ARE ENGAGED AT THE TIME OF NOTIFICATION OF THIS DIRECTIVE MUST ALSO IMPOSE THIS REQUIREMENT ON AGENCIES AND BRANCHES REFERRED TO IN THIS TITLE WHICH ARE ESTABLISHED IN ITS TERRITORY AND SIMULTANEOUSLY CARRY ON BOTH ACTIVITIES THERE .
( D ) MEMBER STATES MAY PROVIDE THAT AGENCIES AND BRANCHES REFERRED TO IN THIS TITLE WHOSE HEAD OFFICE SIMULTANEOUSLY CARRIES ON BOTH ACTIVITIES AND WHICH AT THE TIME OF NOTIFICATION OF THIS DIRECTIVE CARRY ON IN THE TERRITORY OF A MEMBER STATE SOLELY THE ACTIVITY COVERED BY THIS DIRECTIVE MAY CONTINUE THEIR ACTIVITY THERE . IF THE UNDERTAKING WISHES TO CARRY ON THE ACTIVITY REFERRED TO IN THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) IN THAT TERRITORY IT MAY ONLY CARRY ON THE ACTIVITY COVERED BY THIS DIRECTIVE THROUGH A SUBSIDIARY .
2 . ARTICLES 23 AND 24 SHALL APPLY MUTATIS MUTANDIS TO AGENCIES AND BRANCHES REFERRED TO IN THIS TITLE .
FOR THE PURPOSES OF APPLYING ARTICLE 24 , THE SUPERVISORY AUTHORITY WHICH SUPERVISES THE OVERALL SOLVENCY OF AGENCIES OR BRANCHES SHALL BE TREATED IN THE SAME WAY AS THE SUPERVISORY AUTHORITY OF THE HEAD-OFFICE MEMBER STATE .
3 . IN THE CASE OF A WITHDRAWAL OF AUTHORIZATION BY THE AUTHORITY REFERRED TO IN ARTICLE 30 ( 2 ) , THIS AUTHORITY SHALL NOTIFY THE SUPERVISORY AUTHORITIES OF THE OTHER MEMBER STATES WHERE THE UNDERTAKING OPERATES AND THE LATTER AUTHORITIES SHALL TAKE THE APPROPRIATE MEASURES . IF THE REASON FOR THE WITHDRAWAL OF AUTHORIZATION IS THE INADEQUACY OF THE SOLVENCY MARGIN CALCULATED IN ACCORDANCE WITH ARTICLE 30 ( 1 ) ( A ) , THE SUPERVISORY AUTHORITIES OF THE OTHER MEMBER STATES CONCERNED SHALL ALSO WITHDRAW THEIR AUTHORIZATIONS .
ARTICLE 32
THE COMMUNITY MAY , BY MEANS OF AGREEMENTS CONCLUDED PURSUANT TO THE TREATY WITH ONE OR MORE THIRD COUNTRIES , AGREE TO THE APPLICATION OF PROVISIONS DIFFERENT FROM THOSE PROVIDED FOR IN THIS TITLE , FOR THE PURPOSE ENSURING , UNDER CONDITIONS OF RECIPROCITY , ADEQUATE PROTECTION FOR POLICY-HOLDERS IN THE MEMBER STATES .
TITLE IV
TRANSITIONAL AND OTHER PROVISIONS
ARTICLE 33
1 . MEMBER STATES SHALL ALLOW UNDERTAKINGS REFERRED TO IN TITLE II WHICH AT THE ENTRY INTO FORCE OF THE IMPLEMENTING MEASURES TO THIS DIRECTIVE PROVIDE INSURANCE IN THEIR TERRITORIES IN ONE OR MORE OF THE CLASSES REFERRED TO IN THE ANNEX , A PERIOD OF FIVE YEARS FROM THE DATE OF NOTIFICATION OF THIS DIRECTIVE IN ORDER TO COMPLY WITH ARTICLES 18 , 19 AND 20 .
2 . FURTHERMORE , MEMBER STATES MAY :
( A ) ALLOW ANY UNDERTAKINGS REFERRED TO IN PARAGRAPH 1 , WHICH UPON THE EXPIRY OF THE FIVE-YEAR PERIOD HAVE NOT FULLY ESTABLISHED THE SOLVENCY MARGIN , A FURTHER PERIOD NOT EXCEEDING TWO YEARS IN WHICH TO DO SO PROVIDED THAT SUCH UNDERTAKINGS HAVE , IN ACCORDANCE WITH ARTICLE 24 , SUBMITTED FOR THE APPROVAL OF THE SUPERVISORY AUTHORITY THE MEASURES WHICH THEY PROPOSE TO TAKE FOR SUCH PURPOSE ;
( B ) EXCEPT FOR THE MUTUAL ASSOCIATIONS REFERRED TO IN THE SECOND SENTENCE OF THE SECOND INDENT OF ARTICLE 3 ( 2 ) , EXEMPT UNDERTAKINGS REFERRED TO IN PARAGRAPH 1 OF THIS ARTICLE , FOR WHICH UPON THE EXPIRY OF THE FIVE-YEAR PERIOD THE SOLVENCY MARGIN TO BE ESTABLISHED PURSUANT TO ARTICLE 19 WITHOUT DEDUCTION FOR RE-INSURANCE DOES NOT REACH THE MINIMUM OF THE GUARANTEE FUND REFERRED TO IN ARTICLE 20 ( 2 ) ( A ) AND ( B ) , FROM THE REQUIREMENT TO ESTABLISH THIS FUND BEFORE THE END OF THE FINANCIAL YEAR IN RESPECT OF WHICH THE SOLVENCY MARGIN REFERRED TO REACHES THIS MINIMUM AMOUNT .
THE MAXIMUM PERIOD THUS GRANTED TO THESE UNDERTAKINGS TO ESTABLISH THIS MINIMUM AMOUNT SHALL IN NO CASE EXCEED 10 YEARS FROM THE DATE OF NOTIFICATION OF THIS DIRECTIVE .
3 . UNDERTAKINGS DESIRING TO EXTEND THEIR BUSINESS WITHIN THE MEANING OF ARTICLE 8 ( 2 ) OR 10 MAY NOT DO SO UNLESS THEY COMPLY IMMEDIATELY WITH THE RULES OF THIS DIRECTIVE .
4 . UNDERTAKINGS HAVING A STRUCTURE DIFFERENT FROM ANY OF THOSE LISTED IN ARTICLE 8 MAY CONTINUE , FOR A PERIOD OF THREE YEARS FROM THE NOTIFICATION OF THIS DIRECTIVE , TO CARRY ON THEIR PRESENT BUSINESS IN THE LEGAL FORM IN WHICH THEY ARE CONSTITUTED AT THE TIME OF SUCH NOTIFICATION . UNDERTAKINGS SET UP IN THE UNITED KINGDOM BY ROYAL CHARTER OR BY PRIVATE ACT OR BY SPECIAL PUBLIC ACT MAY CARRY ON THEIR ACTIVITY IN THEIR PRESENT FORM FOR AN UNLIMITED PERIOD .
THE MEMBER STATES IN QUESTION SHALL DRAW UP A LIST OF SUCH UNDERTAKINGS AND COMMUNICATE IT TO THE OTHER MEMBER STATES AND THE COMMISSION .
5 . UNDERTAKINGS WHICH , IN ACCORDANCE WITH THEIR OBJECTS , CARRY ON THE ACTIVITIES OF LIFE ASSURANCE AND SAVINGS OPERATIONS MAY CONTINUE TO CARRY ON SUCH ACTIVITIES , WITH THE EXCEPTION OF SAVINGS OPERATIONS , WHICH MUST CEASE WITHIN THREE YEARS FROM THE DATE OF NOTIFICATION OF THIS DIRECTIVE . AS AN EXCEPTION , THE " CAISSE GENERALE D'EPARGNE ET DE RETRAITE ( CGER ) " / " ALGEMENE SPOOR - EN LIFRENTEKAS ( ASLK ) " IN BELGIUM , THE SOCIETIES REGISTERED UNDER THE FRIENDLY SOCIETIES ACTS IN THE UNITED KINGDOM AND THE " BANCA NAZIONALE DELLE COMMUNICAZIONI " IN ITALY MAY CONTINUE THE ACTIVITIES THEY WERE CARRYING ON WHEN THE DIRECTIVE WAS NOTIFIED .
6 . UNDERTAKINGS WHICH CARRY ON SIMULTANEOUSLY BOTH ACTIVITIES IN ACCORDANCE WITH THE TERMS OF ARTICLE 13 SHALL HAVE A PERIOD OF FIVE YEARS FROM THE DATE OF NOTIFICATION OF THIS DIRECTIVE TO COMPLY WITH THE PROVISIONS OF ARTICLE 14 .
7 . AT THE REQUEST OF UNDERTAKINGS WHICH COMPLY WITH THE REQUIREMENTS OF ARTICLES 17 TO 20 , MEMBER STATES SHALL CEASE TO APPLY ANY RESTRICTIVE MEASURES SUCH AS THOSE RELATING TO MORTGAGES , DEPOSITS OR SECURITIES ESTABLISHED UNDER THEIR PRESENT REGULATIONS .
ARTICLE 34
MEMBER STATES SHALL ALLOW AGENCIES OR BRANCHES REFERRED TO IN TITLE III WHICH , AT THE ENTRY INTO FORCE OF THE IMPLEMENTING MEASURES TO THIS DIRECTIVE , ARE CARRYING ON ONE OR MORE CLASSES REFERRED TO IN ANNEX I AND WHICH DO NOT EXTEND THEIR BUSINESS WITHIN THE MEANING OF ARTICLE 10 ( 2 ) , A MAXIMUM PERIOD OF FIVE YEARS FROM THE DATE OF NOTIFICATION OF THIS DIRECTIVE IN ORDER TO COMPLY WITH THE CONDITIONS IN ARTICLE 29 .
ARTICLE 35
WHERE SUBSIDIARIES ARE SET UP IN ACCORDANCE WITH ARTICLE 13 ( 5 ) , HALF THE MINIMUM OF THE GUARANTEE FUND MAY TAKE THE FORM OF AN IRREVOCABLE FINANCIAL GUARANTEE FROM THE PARENT COMPANY , SUBJECT TO THE FOLLOWING REQUIREMENTS :
( A ) AT LEAST 95 % OF THE SUBSIDIARY'S SHARE CAPITAL MUST BE HELD BY THE PARENT COMPANY ;
( B ) UNPAID-UP SHARE CAPITAL MAY NOT BE USED TO CONSTITUTE THAT HALF OF THE MINIMUM OF THE GUARANTEE FUND WHICH IS NOT COVERED BY THE IRREVOCABLE FINANCIAL GUARANTEE ; AND
( C ) THE FINANCIAL REQUIREMENTS OF BOTH THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) AND THIS DIRECTIVE MUST BE MET BY THE PARENT COMPANY , THE FUNDS CORRESPONDING TO THE AMOUNT OF THE GUARANTEE NOT BEING CONSIDERED AS PART OF ITS FREE ASSETS .
SUBSIDIARIES MAY BENEFIT FROM THIS ARRANGEMENT FOR A PERIOD OF SEVEN YEARS AS FROM THE DATE WHEN IT IS GRANTED . DURING THIS PERIOD , AND FROM THE THIRD YEAR ONWARDS AT THE LATEST , SUBSIDIARIES MUST PROGRESSIVELY REPLACE THE PARENT COMPANY'S GUARANTEE BY FREE ASSETS ; SUBSIDIARIES SHALL SUBMIT A PLAN TO THIS EFFECT TO THE COMPETENT SUPERVISORY AUTHORITY FOR ITS AGREEMENT TOGETHER WITH THEIR REQUEST FOR AUTHORIZATION .
ARTICLE 36
DURING A PERIOD WHICH TERMINATES AT THE TIME OF THE ENTRY INTO FORCE OF AN AGREEMENT CONCLUDED WITH A THIRD COUNTRY PURSUANT TO ARTICLE 32 , AND AT THE LATEST UPON THE EXPIRY OF A PERIOD OF FOUR YEARS AFTER THE NOTIFICATION OF THIS DIRECTIVE , EACH MEMBER STATE MAY RETAIN FOR UNDERTAKINGS OF THAT COUNTRY ESTABLISHED IN ITS TERRITORY THE RULES APPLIED TO THEM ON 1 JANUARY 1979 IN RESPECT OF MATCHING ASSETS AND THE LOCALIZATION OF TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , PROVIDED THAT NOTIFICATION IS GIVEN TO THE OTHER MEMBER STATES AND THE COMMISSION AND THAT THE LIMITS OF RELAXATIONS GRANTED PURSUANT TO ARTICLE 17 ( 2 ) IN FAVOUR OF THE UNDERTAKINGS OF MEMBER STATES ESTABLISHED IN ITS TERRITORY ARE NOT EXCEEDED .
ARTICLE 37
1 . WHERE A MEMBER STATE REQUIRES OF ITS OWN NATIONALS PROOF OF GOOD REPUTE AND PROOF OF NO PREVIOUS BANKRUPTCY , OR PROOF OF EITHER OF THESE , THAT STATE SHALL ACCEPT AS SUFFICIENT EVIDENCE IN RESPECT OF NATIONALS OF OTHER MEMBER STATES THE PRODUCTION OF AN EXTRACT FROM THE " JUDICIAL RECORD " OR , FAILING THIS , OF AN EQUIVALENT DOCUMENT ISSUED BY A COMPETENT JUDICIAL OR ADMINISTRATIVE AUTHORITY IN THE MEMBER STATE OF ORIGIN OR THE MEMBER STATE WHENCE THE FOREIGN NATIONAL COMES SHOWING THAT THESE REQUIREMENTS HAVE BEEN MET .
2 . WHERE THE MEMBER STATE OF ORIGIN OR THE MEMBER STATE WHENCE THE FOREIGN NATIONAL CONCERNED COMES DOES NOT ISSUE THE DOCUMENT REFERRED TO IN PARAGRAPH 1 , IT MAY BE REPLACED BY A DECLARATION ON OATH - OR IN STATES WHERE THERE IS NO PROVISION FOR DECLARATION ON OATH BY A SOLEMN DECLARATION - MADE BY THE PERSON CONCERNED BEFORE A COMPETENT JUDICIAL OR ADMINISTRATIVE AUTHORITY OR , WHERE APPROPRIATE , A NOTARY IN THE MEMBER STATE OF ORIGIN OR THE MEMBER STATE WHENCE THAT PERSON COMES ; SUCH AUTHORITY OR NOTARY SHALL ISSUE A CERTIFICATE ATTESTING THE AUTHENTICITY OF THE DECLARATION ON OATH OR SOLEMN DECLARATION . THE DECLARATION IN RESPECT OF NO PREVIOUS BANKRUPTCY MAY ALSO BE MADE BEFORE A COMPETENT PROFESSIONAL OR TRADE BODY IN THE SAID COUNTRY .
3 . DOCUMENTS ISSUED IN ACCORDANCE WITH PARAGRAPHS 1 AND 2 MUST NOT BE PRODUCED MORE THAN THREE MONTHS AFTER THEIR DATE OF ISSUE .
4 . MEMBER STATES SHALL , WITHIN THE TIME LIMIT OF 18 MONTHS FROM THE DATE OF NOTIFICATION OF THIS DIRECTIVE , DESIGNATE THE AUTHORITIES AND BODIES COMPETENT TO ISSUE THE DOCUMENTS REFERRED TO IN PARAGRAPHS 1 AND 2 SHALL FORTHWITH INFORM THE OTHER MEMBER STATES AND THE COMMISSION THEREOF .
WITHIN THE SAME TIME LIMIT , EACH MEMBER STATE SHALL ALSO INFORM THE OTHER MEMBER STATES AND THE COMMISSION OF THE AUTHORITIES OR BODIES TO WHICH THE DOCUMENTS REFERRED TO IN THIS ARTICLE ARE TO BE SUBMITTED IN SUPPORT OF AN APPLICATION TO CARRY ON IN THE TERRITORY OF THIS MEMBER STATE THE ACTIVITIES REFERRED TO IN ARTICLE 1 .
TITLE V
FINAL PROVISIONS
ARTICLE 38
THE COMMISSION AND THE COMPETENT AUTHORITIES OF THE MEMBER STATES SHALL COLLABORATE CLOSELY FOR THE PURPOSE OF FACILITATING SUPERVISION OF DIRECT INSURANCE WITHIN THE COMMUNITY AND OF EXAMINING ANY DIFFICULTIES WHICH MIGHT ARISE IN THE APPLICATION OF THIS DIRECTIVE .
ARTICLE 39
1 . THE COMMISSION SHALL SUBMIT TO THE COUNCIL , WITHIN SIX YEARS FROM THE DATE OF NOTIFICATION OF THIS DIRECTIVE , A REPORT DEALING WITH THE EFFECTS OF THE FINANCIAL REQUIREMENTS IMPOSED BY THIS DIRECTIVE ON THE SITUATION IN THE INSURANCE MARKETS OF THE MEMBER STATES . IF NECESSARY , THE COMMISSION SHALL SUBMIT INTERIM REPORTS TO THE COUNCIL BEFORE THE END OF THE TRANSITIONAL PERIOD PROVIDED FOR IN ARTICLE 33 ( 1 ) .
2 . FOLLOWING A PERIOD OF 10 YEARS FROM THE NOTIFICATION OF THIS DIRECTIVE , THE COMMISSION SHALL SUBMIT TO THE COUNCIL A REPORT DEALING WITH THE OPERATIONS OF THE TWO TYPES OF UNDERTAKINGS COVERED BY THIS DIRECTIVE : THAT IS TO SAY , THOSE UNDERTAKINGS WHICH CARRY ON SIMULTANEOUSLY THE ACTIVITY COVERED BY THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) IN ADDITION TO THE ACTIVITY COVERED BY THIS DIRECTIVE AND THOSE UNDERTAKINGS WHICH CARRY ON ONLY THE ACTIVITY COVERED BY THIS DIRECTIVE .
3 . THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , SHALL EVERY TWO YEARS EXAMINE AND , WHERE APPROPRIATE , REVIEW THE AMOUNTS EXPRESSED IN UNITS OF ACCOUNT IN THIS DIRECTIVE , IN THE LIGHT OF HOW THE COMMUNITY'S ECONOMIC AND MONETARY SITUATION HAS EVOLVED . THE COMMISSION SHALL SUBMIT ITS FIRST PROPOSAL IN THIS CONNECTION TO THE COUNCIL AT THE TIME AS A PROPOSAL CONCERNING NON-LIFE INSURANCE , AS LAID DOWN IN ARTICLE 3 OF DIRECTIVE 76/580/EEC ( 8 ) , AND NOT LATER THAN FOUR YEARS AFTER THE DATE OF NOTIFICATION OF THIS DIRECTIVE .
ARTICLE 40
MEMBER STATES SHALL AMEND THEIR NATIONAL PROVISIONS TO COMPLY WITH THIS DIRECTIVE WITHIN 18 MONTHS OF ITS NOTIFICATION AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF . THE PROVISIONS THUS AMENDED SHALL , SUBJECT TO ARTICLES 33 TO 36 , BE APPLIED WITHIN 30 MONTHS FROM THE DATE OF NOTIFICATION .
ARTICLE 41
FOLLOWING NOTIFICATION OF THIS DIRECTIVE , MEMBER STATES SHALL COMMUNICATE THE TEXTS OF THE MAIN PROVISIONS OF A LEGISLATIVE , REGULATORY OR ADMINISTRATIVE NATURE WHICH THEY ADOPT IN THE FIELD COVERED BY THIS DIRECTIVE TO THE COMMISSION .
ARTICLE 42
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES . | [
"UKSI19901207"
] |
31979L0279 | 1979 | Council Directive 79/279/EEC of 5 March 1979 coordinating the conditions for the admission of securities to official stock exchange listing
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 54 ( 3 ) ( G ) AND 100 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ),
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ),
WHEREAS THE COORDINATION OF THE CONDITIONS FOR THE ADMISSION OF SECURITIES TO OFFICIAL LISTING ON STOCK EXCHANGES SITUATED OR OPERATING IN THE MEMBER STATES IS LIKELY TO PROVIDE EQUIVALENT PROTECTION FOR INVESTORS AT COMMUNITY LEVEL , BECAUSE OF THE MORE UNIFORM GUARANTEES OFFERED TO INVESTORS IN THE VARIOUS MEMBER STATES ; WHEREAS IT WILL FACILITATE BOTH THE ADMISSION TO OFFICIAL STOCK EXCHANGE LISTING , IN EACH SUCH STATE , OF SECURITIES FROM OTHER MEMBER STATES AND THE LISTING OF ANY GIVEN SECURITY ON A NUMBER OF STOCK EXCHANGES IN THE COMMUNITY ; WHEREAS IT WILL ACCORDINGLY MAKE FOR GREATER INTERPENETRATION OF NATIONAL SECURITIES MARKETS AND THEREFORE CONTRIBUTE TO THE PROSPECT OF ESTABLISHING A EUROPEAN CAPITAL MARKET ;
WHEREAS SUCH COORDINATION MUST THEREFORE APPLY TO SECURITIES , INDEPENDENTLY OF THE LEGAL STATUS OF THEIR ISSUERS , AND MUST THEREFORE ALSO APPLY TO SECURITIES ISSUED BY NON-MEMBER STATES OR THEIR REGIONAL OR LOCAL AUTHORITIES OR INTERNATIONAL PUBLIC BODIES ; WHEREAS THIS DIRECTIVE THEREFORE COVERS ENTITIES NOT COVERED BY THE SECOND PARAGRAPH OF ARTICLE 58 OF THE TREATY AND GOES BEYOND THE SCOPE OF ARTICLE 54 ( 3 ) ( G ) WHILE DIRECTLY AFFECTING THE ESTABLISHMENT AND FUNCTIONING OF THE COMMON MARKET WITHIN THE MEANING OF ARTICLE 100 ;
WHEREAS THERE SHOULD BE THE POSSIBILITY OF A RIGHT TO APPLY TO THE COURTS AGAINST DECISIONS BY THE COMPETENT NATIONAL AUTHORITIES IN RESPECT OF THE APPLICATION OF THIS DIRECTIVE , ALTHOUGH SUCH RIGHT TO APPLY MUST NOT BE ALLOWED TO RESTRICT THE DISCRETION OF THESE AUTHORITIES ;
WHEREAS , INITIALLY , THIS COORDINATION SHOULD BE SUFFICIENTLY FLEXIBLE TO ENABLE ACCOUNT TO BE TAKEN OF PRESENT DIFFERENCES IN THE STRUCTURES OF SECURITIES MARKETS IN THE MEMBER STATES AND TO ENABLE THE MEMBER STATES TO TAKE ACCOUNT OF ANY SPECIFIC SITUATIONS WITH WHICH THEY MAY BE CONFRONTED ;
WHEREAS , FOR THIS REASON , COORDINATION SHOULD FIRST BE LIMITED TO THE ESTABLISHMENT OF MINIMUM CONDITIONS FOR THE ADMISSION OF SECURITIES TO OFFICIAL LISTING ON STOCK EXCHANGES SITUATED OR OPERATING IN THE MEMBER STATES , WITHOUT HOWEVER GIVING ISSUERS ANY RIGHT TO LISTING ;
WHEREAS , THIS PARTIAL COORDINATION OF THE CONDITIONS FOR ADMISSION TO OFFICIAL LISTING CONSTITUTES A FIRST STEP TOWARDS SUBSEQUENT CLOSER ALIGNMENT OF THE RULES OF MEMBER STATES IN THIS FIELD ,
SECTION I
GENERAL PROVISIONS
ARTICLE 1
1 . THIS DIRECTIVE CONCERNS SECURITIES WHICH ARE ADMITTED TO OFFICIAL LISTING OR ARE THE SUBJECT OF AN APPLICATION FOR ADMISSION TO OFFICIAL LISTING ON A STOCK EXCHANGE SITUATED OR OPERATING WITHIN A MEMBER STATE .
2 . MEMBER STATES MAY DECIDE NOT TO APPLY THIS DIRECTIVE TO :
- UNITS ISSUED BY COLLECTIVE INVESTMENT UNDERTAKINGS OTHER THAN THE CLOSED-END TYPE ,
- SECURITIES ISSUED BY A MEMBER STATE OR ITS REGIONAL OR LOCAL AUTHORITIES .
ARTICLE 2
FOR THE PURPOSES OF APPLYING THIS DIRECTIVE :
( A ) COLLECTIVE INVESTMENT UNDERTAKINGS OTHER THAN THE CLOSED-END TYPE SHALL MEAN UNIT TRUSTS AND INVESTMENT COMPANIES :
- THE OBJECT OF WHICH IS THE COLLECTIVE INVESTMENT OF CAPITAL PROVIDED BY THE PUBLIC , AND WHICH OPERATE ON THE PRINCIPLE OF RISK SPREADING , AND
- THE UNITS OF WHICH ARE , AT THE REQUEST OF HOLDERS , REPURCHASED OR REDEEMED , DIRECTLY OR INDIRECTLY , OUT OF THE ASSETS OF THESE UNDERTAKINGS . ACTION TAKEN BY SUCH UNDERTAKINGS TO ENSURE THAT THE STOCK EXCHANGE VALUE OF ITS UNITS DOES NOT SIGNIFICANTLY VARY FROM THEIR NET ASSET VALUE SHALL BE REGARDED AS EQUIVALENT TO SUCH REPURCHASE OR REDEMPTION ;
( B ) UNITS SHALL MEAN SECURITIES ISSUED BY COLLECTIVE INVESTMENT UNDERTAKINGS AS REPRESENTING THE RIGHTS OF PARTICIPANTS IN THE ASSETS OF SUCH UNDERTAKINGS ;
( C ) EUROPEAN UNIT OF ACCOUNT SHALL MEAN THE UNIT OF ACCOUNT AS DEFINED IN ARTICLE 10 OF THE FINANCIAL REGULATION OF 21 DECEMBER 1977 APPLICABLE TO THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES ( 1 ).
ARTICLE 3
MEMBER STATES SHALL ENSURE THAT :
- SECURITIES MAY NOT BE ADMITTED TO OFFICIAL LISTING ON ANY STOCK EXCHANGE SITUATED OR OPERATING WITHIN THEIR TERRITORY UNLESS THE CONDITIONS LAID DOWN BY THIS DIRECTIVE ARE SATISFIED , AND THAT
- ISSUERS OF SECURITIES ADMITTED TO SUCH OFFICIAL LISTING , WHETHER ADMISSION TAKES PLACE BEFORE OR AFTER THE DATE ON WHICH THIS DIRECTIVE IS IMPLEMENTED , ARE SUBJECT TO THE OBLIGATIONS PROVIDED FOR BY THIS DIRECTIVE .
ARTICLE 4
1 . THE ADMISSION OF SECURITIES TO OFFICIAL LISTING SHALL BE SUBJECT TO THE CONDITIONS SET OUT IN SCHEDULES A AND B TO THIS DIRECTIVE , RELATING TO SHARES AND DEBT SECURITIES RESPECTIVELY .
2 . THE ISSUERS OF SECURITIES ADMITTED TO OFFICIAL LISTING MUST FULFIL THE OBLIGATIONS SET OUT IN SCHEDULES C AND D TO THIS DIRECTIVE , RELATING TO SHARES AND DEBT SECURITIES RESPECTIVELY .
3 . CERTIFICATES REPRESENTING SHARES MAY BE ADMITTED TO OFFICIAL LISTING ONLY IF THE ISSUER OF THE SHARES REPRESENTED FULFILS THE CONDITIONS SET OUT IN I ( 1 ) TO I ( 3 ) OF SCHEDULE A AND THE OBLIGATIONS SET OUT IN SCHEDULE C AND IF THE CERTIFICATES FULFIL THE CONDITIONS SET OUT IN II ( 1 ) TO II ( 6 ) OF SCHEDULE A .
ARTICLE 5
1 . SUBJECT TO THE PROHIBITIONS PROVIDED FOR IN ARTICLE 6 AND IN SCHEDULES A AND B , THE MEMBER STATES MAY MAKE THE ADMISSION OF SECURITIES TO OFFICIAL LISTING SUBJECT TO MORE STRINGENT CONDITIONS THAN THOSE SET OUT IN SCHEDULES A AND B OR TO ADDITIONAL CONDITIONS , PROVIDED THAT THESE MORE STRINGENT AND ADDITIONAL CONDITIONS APPLY GENERALLY FOR ALL ISSUERS OR FOR INDIVIDUAL CLASSES OF ISSUER AND THAT THEY HAVE BEEN PUBLISHED BEFORE APPLICATION FOR ADMISSION OF SUCH SECURITIES IS MADE .
2 . MEMBER STATES MAY MAKE THE ISSUERS OF SECURITIES ADMITTED TO OFFICIAL LISTING SUBJECT TO MORE STRINGENT OBLIGATIONS THAN THOSE SET OUT IN SCHEDULES C AND D OR TO ADDITIONAL OBLIGATIONS , PROVIDED THAT THESE MORE STRINGENT AND ADDITIONAL OBLIGATIONS APPLY GENERALLY FOR ALL ISSUERS OR FOR INDIVIDUAL CLASSES OF ISSUER .
3 . MEMBER STATES MAY , UNDER THE SAME CONDITIONS AS THOSE LAID DOWN IN ARTICLE 7 , AUTHORIZE DEROGATIONS FROM THE ADDITIONAL OR MORE STRINGENT CONDITIONS AND OBLIGATIONS REFERRED TO IN PARAGRAPHS 1 AND 2 HEREOF .
4 . MEMBER STATES MAY , IN ACCORDANCE WITH THE APPLICABLE NATIONAL RULES REQUIRE ISSUERS OF SECURITIES ADMITTED TO OFFICIAL LISTING TO INFORM THE PUBLIC ON A REGULAR BASIS OF THEIR FINANCIAL POSITION AND THE GENERAL COURSE OF THEIR BUSINESS .
ARTICLE 6
MEMBER STATES MAY NOT MAKE THE ADMISSION TO OFFICIAL LISTING OF SECURITIES ISSUED BY COMPANIES OR OTHER LEGAL PERSONS WHICH ARE NATIONALS OF ANOTHER MEMBER STATE SUBJECT TO THE CONDITION THAT THE SECURITIES MUST ALREADY HAVE BEEN ADMITTED TO OFFICIAL LISTING ON A STOCK EXCHANGE SITUATED OR OPERATING IN ONE OF THE MEMBER STATES .
ARTICLE 7
ANY DEROGATIONS FROM THE CONDITIONS FOR THE ADMISSION OF SECURITIES TO OFFICIAL LISTING WHICH MAY BE AUTHORIZED IN ACCORDANCE WITH SCHEDULES A AND B MUST APPLY GENERALLY FOR ALL ISSUERS WHERE THE CIRCUMSTANCES JUSTIFYING THEM ARE SIMILAR .
ARTICLE 8
MEMBER STATES MAY DECIDE NOT TO APPLY THE CONDITIONS SET OUT IN SCHEDULE B AND THE OBLIGATIONS SET OUT IN A ( 4 ) ( A ) AND ( C ) OF SCHEDULE D IN RESPECT OF APPLICATIONS FOR ADMISSION TO OFFICIAL LISTING OF DEBT SECURITIES ISSUED BY COMPANIES AND OTHER LEGAL PERSONS WHICH ARE NATIONALS OF A MEMBER STATE AND WHICH ARE SET UP BY , GOVERNED BY OR MANAGED PURSUANT TO A SPECIAL LAW WHERE REPAYMENTS AND INTEREST PAYMENTS IN RESPECT OF THOSE SECURITIES ARE GUARANTEED BY A MEMBER STATE OR ONE OF ITS FEDERAL STATES .
SECTION II
AUTHORITIES COMPETENT TO ADMIT SECURITIES
TO OFFICIAL LISTING
ARTICLE 9
1 . MEMBER STATES SHALL DESIGNATE THE NATIONAL AUTHORITY OR AUTHORITIES COMPETENT TO DECIDE ON THE ADMISSION OF SECURITIES TO OFFICIAL LISTING ON A STOCK EXCHANGE SITUATED OR OPERATING WITHIN THEIR TERRITORIES AND SHALL ENSURE THAT THIS DIRECTIVE IS APPLIED . THEY SHALL INFORM THE COMMISSION ACCORDINGLY , INDICATING , IF APPROPRIATE , HOW DUTIES HAVE BEEN ALLOCATED .
2 . MEMBER STATES SHALL ENSURE THAT THE COMPETENT AUTHORITIES HAVE SUCH POWERS AS MAY BE NECESSARY FOR THE EXERCISE OF THEIR DUTIES .
3 . WITHOUT PREJUDICE TO THE OTHER POWERS CONFERRED UPON THEM , THE COMPETENT AUTHORITIES MAY REJECT AN APPLICATION FOR THE ADMISSION OF A SECURITY TO OFFICIAL LISTING IF , IN THEIR OPINION , THE ISSUER ' S SITUATION IS SUCH THAT ADMISSION WOULD BE DETRIMENTAL TO INVESTORS ' INTERESTS .
ARTICLE 10
BY WAY OF DEROGATION FROM ARTICLE 5 , MEMBER STATES MAY , SOLELY IN THE INTERESTS OF PROTECTING THE INVESTORS , GIVE THE COMPETENT AUTHORITIES POWER TO MAKE THE ADMISSION OF A SECURITY TO OFFICIAL LISTING SUBJECT TO ANY SPECIAL CONDITION WHICH THE COMPETENT AUTHORITIES CONSIDER APPROPRIATE AND OF WHICH THEY HAVE EXPLICITLY INFORMED THE APPLICANT .
ARTICLE 11
THE COMPETENT AUTHORITIES MAY REFUSE TO ADMIT TO OFFICIAL LISTING A SECURITY ALREADY OFFICIALLY LISTED IN ANOTHER MEMBER STATE WHERE THE ISSUER FAILS TO COMPLY WITH THE OBLIGATIONS RESULTING FROM ADMISSION IN THAT MEMBER STATE .
ARTICLE 12
WITHOUT PREJUDICE TO ANY OTHER ACTION OR PENALTIES WHICH THEY MAY CONTEMPLATE IN THE EVENT OF FAILURE ON THE PART OF THE ISSUER TO COMPLY WITH THE OBLIGATIONS RESULTING FROM ADMISSION TO OFFICIAL LISTING , THE COMPETENT AUTHORITIES MAY MAKE PUBLIC THE FACT THAT AN ISSUER IS FAILING TO COMPLY WITH THOSE OBLIGATIONS .
ARTICLE 13
1 . AN ISSUER WHOSE SECURITIES ARE ADMITTED TO OFFICIAL LISTING SHALL PROVIDE THE COMPETENT AUTHORITIES WITH ALL THE INFORMATION WHICH THE LATTER CONSIDER APPROPRIATE IN ORDER TO PROTECT INVESTORS OR ENSURE THE SMOOTH OPERATION OF THE MARKET .
2 . WHERE PROTECTION OF INVESTORS OR THE SMOOTH OPERATION OF THE MARKET SO REQUIRES , AN ISSUER MAY BE REQUIRED BY THE COMPETENT AUTHORITIES TO PUBLISH SUCH INFORMATION IN SUCH A FORM AND WITHIN SUCH TIME LIMITS AS THEY CONSIDER APPROPRIATE . SHOULD THE ISSUER FAIL TO COMPLY WITH SUCH REQUIREMENT , THE COMPETENT AUTHORITIES MAY THEMSELVES PUBLISH SUCH INFORMATION AFTER HAVING HEARD THE ISSUER .
ARTICLE 14
1 . THE COMPETENT AUTHORITIES MAY DECIDE TO SUSPEND THE LISTING OF A SECURITY WHERE THE SMOOTH OPERATION OF THE MARKET IS , OR MAY BE , TEMPORARILY JEOPARDIZED OR WHERE PROTECTION OF INVESTORS SO REQUIRES .
2 . THE COMPETENT AUTHORITIES MAY DECIDE THAT THE LISTING OF THE SECURITY BE DISCONTINUED WHERE THEY ARE SATISFIED THAT , OWING TO SPECIAL CIRCUMSTANCES , NORMAL REGULAR DEALINGS IN A SECURITY ARE NO LONGER POSSIBLE .
ARTICLE 15
1 . MEMBER STATES SHALL ENSURE DECISIONS OF THE COMPETENT AUTHORITIES REFUSING THE ADMISSION OF A SECURITY TO OFFICIAL LISTING OR DISCONTINUING SUCH A LISTING SHALL BE SUBJECT TO THE RIGHT TO APPLY TO THE COURTS .
2 . AN APPLICANT SHALL BE NOTIFIED OF A DECISION REGARDING HIS APPLICATION FOR ADMISSION TO OFFICIAL LISTING WITHIN SIX MONTHS OF RECEIPT OF THE APPLICATION OR , SHOULD THE COMPETENT AUTHORITY REQUIRE ANY FURTHER INFORMATION WITHIN THAT PERIOD , WITHIN SIX MONTHS OF THE APPLICANT ' S SUPPLYING SUCH INFORMATION .
3 . FAILURE TO GIVE A DECISION WITHIN THE TIME LIMIT SPECIFIED IN PARAGRAPH 2 SHALL BE DEEMED A REJECTION OF THE APPLICATION . SUCH REJECTION SHALL GIVE RISE TO THE RIGHT TO APPLY TO THE COURTS PROVIDED FOR IN PARAGRAPH 1 .
ARTICLE 16
WHERE AN APPLICATION FOR ADMISSION TO OFFICIAL LISTING RELATES TO CERTIFICATES REPRESENTING SHARES , THE APPLICATION SHALL BE CONSIDERED ONLY IF THE COMPETENT AUTHORITIES ARE OF THE OPINION THAT THE ISSUER OF THE CERTIFICATES IS OFFERING ADEQUATE SAFEGUARDS FOR THE PROTECTION OF INVESTORS .
SECTION III
PUBLICATION OF THE INFORMATION TO BE MADE
AVAILABLE TO THE PUBLIC
ARTICLE 17
1 . THE INFORMATION WHICH ISSUERS OF A SECURITY ADMITTED TO OFFICIAL LISTING IN A MEMBER STATE ARE REQUIRED TO MAKE AVAILABLE TO THE PUBLIC IN ACCORDANCE WITH THE REQUIREMENTS OF SCHEDULES C AND D SHALL BE PUBLISHED IN ONE OR MORE NEWSPAPERS DISTRIBUTED THROUGHOUT THE MEMBER STATE OR DISTRIBUTED WIDELY THEREIN OR SHALL BE MADE AVAILABLE TO THE PUBLIC EITHER IN WRITING IN PLACES INDICATED BY ANNOUNCEMENTS TO BE PUBLISHED IN ONE OR MORE NEWSPAPERS DISTRIBUTED THROUGHOUT THE MEMBER STATE OR WIDELY DISTRIBUTED THEREIN OR BY OTHER EQUIVALENT MEANS APPROVED BY THE COMPETENT AUTHORITIES . THE ISSUERS MUST SIMULTANEOUSLY SEND SUCH INFORMATION TO THE COMPETENT AUTHORITIES .
2 . THE INFORMATION REFERRED TO IN PARAGRAPH 1 SHALL BE PUBLISHED IN THE OFFICIAL LANGUAGE OR LANGUAGES , OR IN ONE OF THE OFFICIAL LANGUAGES OR IN ANOTHER LANGUAGE PROVIDED THAT IN THE MEMBER STATE IN QUESTION THE OFFICIAL LANGUAGE OR LANGUAGES OR SUCH OTHER LANGUAGE IS OR ARE CUSTOMARY IN THE SPHERE OF FINANCE AND ACCEPTED BY THE COMPETENT AUTHORITIES .
SECTION IV
COOPERATION BETWEEN MEMBER STATES
ARTICLE 18
1 . THE COMPETENT AUTHORITIES SHALL COOPERATE WHEREVER NECESSARY FOR THE PURPOSE OF CARRYING OUT THEIR DUTIES AND SHALL EXCHANGE ANY INFORMATION REQUIRED FOR THAT PURPOSE .
2 . WHERE APPLICATIONS ARE TO BE MADE SIMULTANEOUSLY OR WITHIN SHORT INTERVALS OF ONE ANOTHER FOR ADMISSION OF THE SAME SECURITIES TO OFFICIAL LISTING ON STOCK EXCHANGES SITUATED OR OPERATING IN MORE THAN ONE MEMBER STATE , OR WHERE AN APPLICATION FOR ADMISSION IS MADE IN RESPECT OF A SECURITY ALREADY LISTED ON A STOCK EXCHANGE IN ANOTHER MEMBER STATE , THE COMPETENT AUTHORITIES SHALL COMMUNICATE WITH EACH OTHER AND MAKE SUCH ARRANGEMENTS AS MAY BE NECESSARY TO EXPEDITE THE PROCEDURE AND SIMPLIFY AS FAR AS POSSIBLE THE FORMALITIES AND ANY ADDITIONAL CONDITIONS REQUIRED FOR ADMISSION OF THE SECURITY CONCERNED .
3 . IN ORDER TO FACILITATE THE WORK OF THE COMPETENT AUTHORITIES , ANY APPLICATION FOR THE ADMISSION OF A SECURITY TO OFFICIAL LISTING ON A STOCK EXCHANGE SITUATED OR OPERATING IN A MEMBER STATE MUST STATE WHETHER A SIMILAR APPLICATION IS BEING OR HAS BEEN MADE IN ANOTHER MEMBER STATE , OR WILL BE MADE IN THE NEAR FUTURE .
ARTICLE 19
1 . MEMBER STATES SHALL PROVIDE THAT ALL PERSONS EMPLOYED OR FORMERLY EMPLOYED BY THE COMPETENT AUTHORITIES SHALL BE BOUND BY PROFESSIONAL SECRECY . THIS MEANS THAT ANY CONFIDENTIAL INFORMATION RECEIVED IN THE COURSE OF THEIR DUTIES MAY NOT BE DIVULGED TO ANY PERSON OR AUTHORITY EXCEPT BY VIRTUE OF PROVISIONS LAID DOWN BY LAW .
2 . PARAGRAPH 1 SHALL NOT , HOWEVER , PRECLUDE THE COMPETENT AUTHORITIES OF THE VARIOUS MEMBER STATES FROM EXCHANGING INFORMATION AS PROVIDED FOR IN THIS DIRECTIVE . INFORMATION THUS EXCHANGED SHALL BE COVERED BY THE OBLIGATION OF PROFESSIONAL SECRECY TO WHICH THE PERSONS EMPLOYED OR FORMERLY EMPLOYED BY THE COMPETENT AUTHORITIES RECEIVING THE INFORMATION ARE SUBJECT .
SECTION V
CONTACT COMMITTEE
ARTICLE 20
1 . A CONTACT COMMITTEE ( HEREINAFTER CALLED ' THE COMMITTEE ' ) SHALL BE SET UP ALONGSIDE THE COMMISSION . ITS FUNCTION SHALL BE :
( A ) WITHOUT PREJUDICE TO ARTICLES 169 AND 170 OF THE EEC TREATY TO FACILITATE THE HARMONIZED IMPLEMENTATION OF THIS DIRECTIVE THROUGH REGULAR CONSULTATIONS ON ANY PRACTICAL PROBLEMS ARISING FROM ITS APPLICATION AND ON WHICH EXCHANGES OF VIEW ARE DEEMED USEFUL ;
( B ) TO FACILITATE THE ESTABLISHMENT OF A CONCERTED ATTITUDE BETWEEN THE MEMBER STATES ON THE MORE STRINGENT OR ADDITIONAL CONDITIONS AND OBLIGATIONS WHICH , PURSUANT TO ARTICLE 5 OF THIS DIRECTIVE , THEY MAY LAY DOWN AT NATIONAL LEVEL ;
( C ) TO ADVISE THE COMMISSION , IF NECESSARY , ON ANY SUPPLEMENTS OR AMENDMENTS TO BE MADE TO THIS DIRECTIVE OR ON ANY ADJUSTMENTS TO BE MADE IN ACCORDANCE WITH ARTICLE 21 .
2 . IT SHALL NOT BE THE FUNCTION OF THE COMMITTEE TO APPRAISE THE MERITS OF DECISIONS TAKEN BY THE COMPETENT AUTHORITIES IN INDIVIDUAL CASES .
3 . THE COMMITTEE SHALL BE COMPOSED OF PERSONS APPOINTED BY THE MEMBER STATES AND OF REPRESENTATIVES OF THE COMMISSION . THE CHAIRMAN SHALL BE A REPRESENTATIVE OF THE COMMISSION . SECRETARIAL SERVICES SHALL BE PROVIDED BY THE COMMISSION .
4 . MEETINGS OF THE COMMITTEE SHALL BE CONVENED BY ITS CHAIRMAN , EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF ONE MEMBER STATE DELEGATION . THE COMMITTEE SHALL DRAW UP ITS RULES OF PROCEDURE .
ARTICLE 21
1 . FOR THE PURPOSE OF ADJUSTING , IN THE LIGHT OF THE REQUIREMENTS OF THE ECONOMIC SITUATION , THE MINIMUM AMOUNT OF THE FORESEEABLE MARKET CAPITALIZATION LAID DOWN IN THE FIRST PARAGRAPH OF I ( 2 ) OF SCHEDULE A , THE COMMISSION SHALL SUBMIT TO THE COMMITTEE A DRAFT OF THE MEASURES TO BE TAKEN . THE COMMITTEE SHALL DELIVER ITS OPINION WITHIN THE PERIOD LAID DOWN BY ITS CHAIRMAN . ITS DECISIONS SHALL REQUIRE 41 VOTES IN FAVOUR , THE VOTES OF THE MEMBER STATES BEING WEIGHTED AS PROVIDED FOR IN ARTICLE 148 ( 2 ) OF THE TREATY .
2 . WHEN THE COMMITTEE HAS DELIVERED AN OPINION IN FAVOUR OF THE DRAFT OF THE MEASURES ENVISAGED BY THE COMMISSION THE LATTER SHALL ADOPT THEM .
WHERE THE OPINION OF THE COMMITTEE IS NOT IN ACCORDANCE WITH THE DRAFT OF THE MEASURES ENVISAGED BY THE COMMISSION OR WHERE THE COMMITTEE HAS NOT DELIVERED AN OPINION WITHIN THE REQUIRED PERIOD , THE COMMISSION SHALL WITHOUT DELAY LAY BEFORE THE COUNCIL , WHICH SHALL ACT BY QUALIFIED MAJORITY , A PROPOSAL CONCERNING THE MEASURES TO BE TAKEN .
WHERE THE COUNCIL FAILS TO ACT ON THE PROPOSAL WITHIN THREE MONTHS OF ITS RECEIPT , THE MEASURES PROPOSED SHALL BE ADOPTED BY THE COMMISSION .
SECTION VI
FINAL PROVISIONS
ARTICLE 22
1 . MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE WITHIN TWO YEARS OF ITS NOTIFICATION . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .
THIS PERIOD SHALL BE EXTENDED BY ONE YEAR IN THE CASE OF MEMBER STATES SIMULTANEOUSLY INTRODUCING THIS DIRECTIVE AND THE PROPOSED COUNCIL DIRECTIVE ON THE PARTICULARS TO BE PUBLISHED WHEN SECURITIES ISSUED BY COMPANIES WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 58 OF THE TREATY ARE ADMITTED TO OFFICIAL STOCK-EXCHANGE LISTING .
2 . AS FROM THE NOTIFICATION OF THIS DIRECTIVE , THE MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION THE TEXTS OF THE MAIN LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS WHICH THEY ADOPT IN THE FIELD COVERED BY THIS DIRECTIVE .
ARTICLE 23
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES . | [
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31979L0409 | 1979 | Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission [1],
Having regard to the opinion of the European Parliament [2],
Having regard to the opinion of the Economic and Social Committee [3],
Whereas the Council declaration of 22 November 1973 on the programme of action of the European Communities on the environment [4] calls for specific action to protect birds, supplemented by the resolution of the Council of the European Communities and of the representatives of the Governments of the Member States meeting within the Council of 17 May 1977 on the continuation and implementation of a European Community policy and action programme on the environment [5];
Whereas a large number of species of wild birds naturally occurring in the European territory of the Member States are declining in number, very rapidly in some cases; whereas this decline represents a serious threat to the conservation of the natural environment, particularly because of the biological balances threatened thereby;
Whereas the species of wild birds naturally occurring in the European territory of the Member States are mainly migratory species; whereas such species constitute a common heritage and whereas effective bird protection is typically a trans-frontier environment problem entailing common responsibilities;
Whereas the conditions of life for birds in Greenland are fundamentally different from those in the other regions of the European territory of the Member States on account of the general circumstances and in particular the climate, the low density of population and the exceptional size and geographical situation of the island;
Whereas therefore this Directive should not apply to Greenland;
Whereas the conservation of the species of wild birds naturally occurring in the European territory of the Member States is necessary to attain, within the operation of the common market, of the Community's objectives regarding the improvement of living conditions, a harmonious development of economic activities throughout the Community and a continuous and balanced expansion, but the necessary specific powers to act have not been provided for in the Treaty;
Whereas the measures to be taken must apply to the various factors which may affect the numbers of birds, namely the repercussions of man's activities and in particular the destruction and pollution of their habitats, capture and killing by man and the trade resulting from such practices; whereas the stringency of such measures should be adapted to the particular situation of the various species within the framework of a conservation policy;
Whereas conservation is aimed at the long-term protection and management of natural resources as an integral part of the heritage of the peoples of Europe; whereas it makes it possible to control natural resources and governs their use on the basis of the measures necessary for the maintenance and adjustment of the natural balances between species as far as is reasonably possible;
Whereas the preservation, maintenance or restoration of a sufficient diversity and area of habitats is essential to the conservation of all species of birds; whereas certain species of birds should be the subject of special conservation measures concerning their habitats in order to ensure their survival and reproduction in their area of distribution; whereas such measures must also take account of migratory species and be coordinated with a view to setting up a coherent whole;
Whereas, in order to prevent commercial interests from exerting a possible harmful pressure on exploitation levels it is necessary to impose a general ban on marketing and to restrict all derogation to those species whose biological status so permits, account being taken of the specific conditions obtaining in the different regions;
Whereas, because of their high population level, geographical distribution and reproductive rate in the Community as a whole, certain species may be hunted, which constitutes acceptable exploitation; where certain limits are established and respected, such hunting must be compatible with maintenance of the population of these species at a satisfactory level;
Whereas the various means, devices or methods of large-scale or non-selective capture or killing and hunting with certain forms of transport must be banned because of the excessive pressure which they exert or may exert on the numbers of the species concerned;
Whereas, because of the importance which may be attached to certain specific situations, provision should be made for the possibility of derogations on certain conditions and subject to monitoring by the Commission;
Whereas the conservation of birds and, in particular, migratory birds still presents problems which call for scientific research; whereas such research will also make it possible to assess the effectiveness of the measures taken;
Whereas care should be taken in consultation with the Commission to see that the introduction of any species of wild bird not naturally occurring in the European territory of the Member States does not cause harm to local flora and fauna;
Whereas the Commission will every three years prepare and transmit to the Member States a composite report based on information submitted by the Member States on the application of national provisions introduced pursuant to this Directive;
Whereas it is necessary to adapt certain Annexes rapidly in the light of technical and scientific progress; whereas, to facilitate the implementation of the measures needed for this purpose, provision should be made for a procedure establishing close cooperation between the Member States and the Commission in a Committee for Adaptation to Technical and Scientific Progress,
Article 1
1. This Directive relates to the conservation of all species of naturally occurring birds in the wild state in the European territory of the Member States to which the Treaty applies. It covers the protection, management and control of these species and lays down rules for their exploitation.
2. It shall apply to birds, their eggs, nests and habitats.
3. This Directive shall not apply to Greenland.
Article 2
Member States shall take the requisite measures to maintain the population of the species referred to in Article 1 at a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or to adapt the population of these species to that level.
Article 3
1. In the light of the requirements referred to in Article 2, Member States shall take the requisite measures to preserve, maintain or re-establish a sufficient diversity and area of habitats for all the species of birds referred to in Article 1.
2. The preservation, maintenance and re-establishment of biotopes and habitats shall include primarily the following measures:
(a) creation of protected areas;
(b) upkeep and management in accordance with the ecological needs of habitats inside and outside the protected zones;
(c) re-establishment of destroyed biotopes;
(d) creation of biotopes.
Article 4
1. The species mentioned in Annex I shall be the subject of special conservation measures concerning their habitat in order to ensure their survival and reproduction in their area of distribution.
In this connection, account shall be taken of:
(a) species in danger of extinction;
(b) species vulnerable to specific changes in their habitat;
(c) species considered rare because of small populations or restricted local distribution;
(d) other species requiring particular attention for reasons of the specific nature of their habitat.
Trends and variations in population levels shall be taken into account as a background for evaluations.
Member States shall classify in particular the most suitable territories in number and size as special protection areas for the conservation of these species, taking into account their protection requirements in the geographical sea and land area where this Directive applies.
2. Member States shall take similar measures for regularly occurring migratory species not listed in Annex I, bearing in mind their need for protection in the geographical sea and land area where this Directive applies, as regards their breeding, moulting and wintering areas and staging posts along their migration routes. To this end, Member States shall pay particular attention to the protection of wetlands and particularly to wetlands of international importance.
3. Member States shall send the Commission all relevant information so that it may take appropriate initiatives with a view to the coordination necessary to ensure that the areas provided for in paragraphs 1 and 2 above form a coherent whole which meets the protection requirements of these species in the geographical sea and land area where this Directive applies.
4. In respect of the protection areas referred to in paragraphs 1 and 2 above, Member States shall take appropriate steps to avoid pollution or deterioration of habitats or any disturbances affecting the birds, in so far as these would be significant having regard to the objectives of this Article. Outside these protection areas, Member States shall also strive to avoid pollution or deterioration of habitats.
Article 5
Without prejudice to Articles 7 and 9, Member States shall take the requisite measures to establish a general system of protection for all species of birds referred to in Article 1, prohibiting in particular:
(a) deliberate killing or capture by any method;
(b) deliberate destruction of, or damage to, their nests and eggs or removal of their nests;
(c) taking their eggs in the wild and keeping these eggs even if empty;
(d) deliberate disturbance of these birds particularly during the period of breeding and rearing, in so far as disturbance would be significant having regard to the objectives of this Directive;
(e) keeping birds of species the hunting and capture of which is prohibited.
Article 6
1. Without prejudice to the provisions of paragraphs 2 and 3, Member States shall prohibit, for all the bird species referred to in Article 1, the sale, transport for sale, keeping for sale and the offering for sale of live or dead birds and of any readily recognizable parts or derivatives of such birds.
2. The activities referred to in paragraph 1 shall not be prohibited in respect of the species referred to in Annex III/1, provided that the birds have been legally killed or captured or otherwise legally acquired.
3. Member States may, for the species listed in Annex III/2, allow within their territory the activities referred to in paragraph 1, making provision for certain restrictions, provided the birds have been legally killed or captured or otherwise legally acquired.
Member States wishing to grant such authorization shall first of all consult the Commission with a view to examining jointly with the latter whether the marketing of specimens of such species would result or could reasonably be expected to result in the population levels, geographical distribution or reproductive rate of the species being endangered throughout the Community. Should this examination prove that the intended authorization will, in the view of the Commission, result in any one of the aforementioned species being thus endangered or in the possibility of their being thus endangered, the Commission shall forward a reasoned recommendation to the Member State concerned stating its opposition to the marketing of the species in question. Should the Commission consider that no such risk exists, it will inform the Member State concerned accordingly.
The Commission's recommendation shall be published in the Official Journal of the European Communities.
Member States granting authorization pursuant to this paragraph shall verify at regular intervals that the conditions governing the granting of such authorization continue to be fulfilled.
4. The Commission shall carry out studies on the biological status of the species listed in Annex III/3 and on the effects of marketing on such status.
It shall submit, at the latest four months before the time limit referred to in Article 18 (1) of this Directive, a report and its proposals to the Committee referred to in Article 16, with a view to a decision on the entry of such species in Annex III/2.
Pending this decision, the Member States may apply existing national rules to such species without prejudice to paragraph 3 hereof.
Article 7
1. Owing to their population level, geographical distribution and reproductive rate throughout the Community, the species listed in Annex II may be hunted under national legislation. Member States shall ensure that the hunting of these species does not jeopardize conservation efforts in their distribution area.
2. The species referred to in Annex II/1 may be hunted in the geographical sea and land area where this Directive applies.
3. The species referred to in Annex II/2 may be hunted only in the Member States in respect of which they are indicated.
4. Member States shall ensure that the practice of hunting, including falconry if practised, as carried on in accordance with the national measures in force, complies with the principles of wise use and ecologically balanced control of the species of birds concerned and that this practice is compatible as regards the population of these species, in particular migratory species, with the measures resulting from Article 2. They shall see in particular that the species to which hunting laws apply are not hunted during the rearing season nor during the various stages of reproduction. In the case of migratory species, they shall see in particular that the species to which hunting regulations apply are not hunted during their period of reproduction or during their return to their rearing grounds. Member States shall send the Commission all relevant information on the practical application of their hunting regulations.
Article 8
1. In respect of the hunting, capture or killing of birds under this Directive, Member States shall prohibit the use of all means, arrangements or methods used for the large-scale or non-selective capture or killing of birds or capable of causing the local disappearance of a species, in particular the use of those listed in Annex IV (a).
2. Moreover, Member States shall prohibit any hunting from the modes of transport and under the conditions mentioned in Annex IV (b).
Article 9
1. Member States may derogate from the provisions of Articles 5, 6, 7 and 8, where there is no other satisfactory solution, for the following reasons:
(a) - in the interests of public health and safety,
- in the interests of air safety,
- to prevent serious damage to crops, livestock, forests, fisheries and water,
- for the protection of flora and fauna;
(b) for the purposes of research and teaching, of re-population, of re-introduction and for the breeding necessary for these purposes;
(c) to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small numbers.
2. The derogations must specify:
- the species which are subject to the derogations,
- the means, arrangements or methods authorized for capture or killing,
- the conditions of risk and the circumstances of time and place under which such derogations may be granted,
- the authority empowered to declare that the required conditions obtain and to decide what means, arrangements or methods may be used, within what limits and by whom,
- the controls which will be carried out.
3. Each year the Member States shall send a report to the Commission on the implementation of this Article.
4. On the basis of the information available to it, and in particular the information communicated to it pursuant to paragraph 3, the Commission shall at all times ensure that the consequences of these derogations are not incompatible with this Directive. It shall take appropriate steps to this end.
Article 10
1. Member States shall encourage research and any work required as a basis for the protection, management and use of the population of all species of bird referred to in Article 1.
2. Particular attention shall be paid to research and work on the subjects listed in Annex V. Member States shall send the Commission any information required to enable it to take appropriate measures for the coordination of the research and work referred to in this Article.
Article 11
Member States shall see that any introduction of species of bird which do not occur naturally in the wild state in the European territory of the Member States does not prejudice the local flora and fauna. In this connection they shall consult the Commission.
Article 12
1. Member States shall forward to the Commission every three years, starting from the date of expiry of the time limit referred to in Article 18 (1), a report on the implementation of national provisions taken thereunder.
2. The Commission shall prepare every three years a composite report based on the information referred to in paragraph 1. That part of the draft report covering the information supplied by a Member State shall be forwarded to the authorities of the Member State in question for verification. The final version of the report shall be forwarded to the Member States.
Article 13
Application of the measures taken pursuant to this Directive may not lead to deterioration in the present situation as regards the conservation of species of birds referred to in Article 1.
Article 14
Member States may introduce stricter protective measures than those provided for under this Directive.
Article 15
Such amendments as are necessary for adapting Annexes I and V to this Directive to technical and scientific progress and the amendments referred to in the second paragraph of Article 6 (4) shall be adopted in accordance with the procedure laid down in Article 17.
Article 16
1. For the purposes of the amendments referred to in Article 15 of this Directive, a Committee for the Adaptation to Technical and Scientific Progress (hereinafter called "the Committee"), consisting of representatives of the Member States and chaired by a representative of the Commission, is hereby set up.
2. The Committee shall draw up its rules of procedure.
Article 17
1. Where the procedure laid down in this Article is to be followed, matters shall be referred to the Committee by its chairman, either on his own initiative or at the request of the representative of a Member State.
2. The Commission representative shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit set by the chairman having regard to the urgency of the matter. It shall act by a majority of 41 votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged where they are in accordance with the opinion of the Committee.
(b) Where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit a proposal to the Council concerning the measures to be adopted. The Council shall act by a qualified majority.
(c) If, within three months of the proposal being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 18
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its notification. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 19
This Directive is addressed to the Member States. | [
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31979L0489 | 1979 | Commission Directive 79/489/EEC of 18 April 1979 adapting to technical progress Council Directive 71/320/EEC on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers [1], as last amended by Directive 78/547/EEC [2], and in particular Articles 11, 12 and 13 thereof,
Having regard to Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers [3], as last amended by Commission Directive 75/524/EEC [4],
Whereas, in view of experience gained and of the state of the art, it is now possible to make requirements more stringent and to match them more closely to actual test conditions;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives Aimed at the Removal of Technical Barriers to Trade in the Motor Vehicle Sector,
Article 1
1. Annexes I, II, III, IV, V, VI and IX to Directive 71/320/EEC are hereby amended in accordance with the Annex to this Directive.
2. Pending the entry into force of special provisions concerning wheel anti-locking systems, vehicles of categories M1, M2, M3, N1, N2, N3, O3 and O4 which are fitted with these systems shall be subject to the provisions of Directive 71/320/EEC, as last amended by this Directive.
Article 2
1. As from 1 January 1980, no Member State may, on grounds relating to braking devices:
- refuse, in respect of a type of vehicle, to grant EEC type-approval, or to issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or
- prohibit the entry into service of vehicles,
where the braking devices of such type of vehicle or of such vehicles comply with the provisions of Directive 71/320/EEC, as last amended by this Directive.
2. As from 1 October 1980, Member States:
- shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive,
- shall refuse to grant national type-approval of a type of vehicle of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive.
3. As from 1 October 1981, Member States may prohibit the entry into service of vehicles of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive.
4. Notwithstanding paragraphs 1 to 3, Member States shall implement the provisions of item 1.2.1 of Annex IV to Directive 71/320/EEC, as amended by this Directive, only with effect from 1 October 1983.
5. Before 1 January 1980, Member States shall bring into force the provisions necessary in order to comply with this Directive, and shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States. | [
"UKSI19801182"
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31979L0488 | 1979 | Commission Directive 79/488/EEC of 18 April 1979 adapting to technical progress Council Directive 74/483/EEC on the approximation of the laws of the Member States relating to the external projections of motor vehicles
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers [1], as last amended by Directive 78/547/EEC [2], and in particular Articles 11, 12 and 13 thereof,
Having regard to Council Directive 74/483/EEC 17 September 1974 on the approximation of the laws of the Member States relating to the external projections of motor vehicles [3],
Whereas, in view of experience gained and of the state of the art, it is now possible to make requirements more stringent and to match them more closely to actual test conditions;
Whereas luggage racks, ski racks and radio receiving or transmitting aerials are already marketed both separately and after being fitted to a vehicle; whereas if it is possible to check them before they are fitted to a vehicle their free movement may be facilitated by the introduction of EEC type-approval for such systems considered as separate technical units within the meaning of Article 9a of Directive 70/156/EEC;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives Aimed at the Removal of Technical Barriers to Trade in the Motor Vehicle Sector,
Article 1
Directive 74/483/EEC is amended as follows:
1. Articles 2, 3 and 4 are replaced by the following:
"Article 2
No Member State may, on grounds relating to external projections, refuse to grant EEC type-approval or national type-approval for a motor vehicle, or for luggage racks, ski racks or radio receiving or transmitting aerials considered as separate technical units, if:
- the vehicle complies with the provisions of Annexes I and II as regards external projections,
- the luggage racks, ski racks or radio receiving or transmitting aerials considered as separate technical units within the meaning of Article 9a of Directive 70/156/EEC comply with the provisions of Annex I.
Article 3
1. No Member State may, on grounds relating to external projections, refuse to register or prohibit the sale, entry into service or use of any vehicle provided that the external projections comply with the provisions of Annexes I and II.
2. No Member State may, on grounds relating to external projections, prohibit the placing on the market of any luggage rack, ski rack or radio receiving or transmitting aerial considered as separate technical units within the meaning of Article 9a of Directive 70/156/EEC if it conforms to a type for which type-approval has been granted within the meaning of Article 2.
Article 4
A Member State which has granted type-approval shall take the measures necessary to ensure that it is informed of any modification to a part or characteristic referred to in item 2.2 of Annex I. The competent authorities of that Member State shall determine whether fresh tests should be carried out on the modified type and a fresh report drawn up. Where such tests reveal that the requirements of this Directive have not been complied with, the modification shall not be authorized."
2. Annexes I, II and III to Directive 74/483/EEC are hereby amended in accordance with the Annex to this Directive.
Article 2
1. As from 1 January 1980, Member States shall not, on grounds relating to external projections:
- refuse, in respect of a type of motor vehicle, to grant EEC type-approval, or to issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or
- refuse to grant EEC type-approval for luggage racks, ski racks or radio receiving or transmitting aerials considered as separate technical units within the meaning of Article 9a of Directive 70/156/EEC, or
- prohibit the entry into service of vehicles,
where the external projections of such type of vehicle or of such vehicles or of the aforementioned separate technical units comply with the provisions of Directive 74/483/EEC, as last amended by this Directive.
2. As from 1 October 1981 Member States:
- shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle if its external projections do not comply with the provisions of Directive 74/483/EEC, as last amended by this Directive,
- may refuse national type-approval of a type of motor vehicle if its external projections do not comply with the provisions of Directive 74/483/EEC, as last amended by this Directive.
3. As from 1 October 1983, Member States may prohibit the entry into service of any vehicle if its external projections do not comply with the provisions of Directive 74/483/EEC, as last amended by this Directive.
4. Before 1 January 1980, Member States shall bring into force the provisions necessary in order to comply with this Directive, and shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31979L0490 | 1979 | Commission Directive 79/490/EEC of 18 April 1979 adapting to technical progress Council Directive 70/221/EEC on the approximation of the laws of the Member States relating to the liquid fuel tanks and rear underrun protection of motor vehicles and their trailers
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by Directive 78/547/EEC (2), and in particular Articles 11, 12 and 13 thereof,
Having regard to Council Directive 70/221/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to the liquid fuel tanks and rear underrun protection of motor vehicles and their trailers (3),
Whereas, in view of experience gained and of the state of the art, it is now possible to make requirements more stringent and to match them more closely to actual test conditions;
Whereas devices for rear underrun protection are already marketed both separately and after being fitted to a vehicle ; whereas if it is possible to check them before they are fitted to a vehicle, their free movement may be facilitated by the introduction of EEC type-approval for such devices considered as separate technical units within the meaning of Article 9a of Directive 70/156/EEC;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives Aimed at the Removal of Technical Barriers to Trade in the Motor Vehicle Sector,
Article 1
Directive 70/221/EEC is amended as follows: 1. Articles 2 and 2a are replaced by the following:
"Article 2
1. No Member State may, on grounds relating to its liquid fuel tanks, refuse to grant EEC type-approval or national type-approval for a vehicle if such vehicle satisfies the requirements set out in the Annex concerning liquid fuel tanks.
2. No Member State may, on grounds relating to rear underrun protection, refuse to grant EEC type-approval or national type-approval for a vehicle if such vehicle satisfies the requirements set out in the Annex concerning rear underrun protection or if such vehicle is fitted with a rear underrun protective device which has been granted type-approval as a technical unit within the meaning of Article 9a of Directive 70/156/EEC and installed in accordance with the requirements of item II.5 of the Annex.
3. No Member State may refuse to grant EEC type-approval or national type-approval for a rear underrun protective device if such device, considered as a technical unit within the meaning of Article 9a of Directive 70/156/EEC, satisfies the relevant requirements set out in the Annex.
Article 2a
1. No Member State may, on grounds relating to its liquid fuel tanks, refuse or prohibit the sale, registration, entry into service or use of a vehicle if such a vehicle satisfies the requirements set out in the Annex concerning liquid fuel tanks. (1)OJ No L 42, 23.2.1970, p. 1. (2)OJ No L 168, 26.6.1978, p. 39. (3)OJ No L 76, 6.4.1970, p. 23 and OJ No L 65, 15.3.1979, p. 42.
2. No Member State may, on grounds relating to its rear underrun protection, refuse or prohibit the sale, registration, entry into service or use of a vehicle if such a vehicle satisfies the requirements set out in the Annex concerning rear underrun protection or if the vehicle is fitted with a rear underrun protective device which has been granted type-approval as a technical unit within the meaning of Article 9a of Directive 70/156/EEC and installed in accordance with the requirements set out in item II.5 of the Annex.
3. No Member State may prohibit the placing on the market of any rear underrun protective device considered as a technical unit within the meaning of Article 9a of Directive 70/156/EEC if it conforms to a type which has been granted type-approval within the meaning of Article 2 (3)."
2. The following Article is inserted:
"Article 2b
A Member State which carries out type-approval shall take the measures necessary to ensure that it is informed of any modification to a part or characteristic referred to in items II.2.1 and II.2.2 of the Annex. The competent authorities of that Member State shall determine whether fresh tests should be carried out on the modified type and a fresh report drawn up. Where such tests reveal that the requirements of this Directive have not been complied with, the modification shall not be authorized."
3. The Annex to Council Directive 70/221/EEC shall be amended in accordance with the Annex to this Directive.
Article 2
1. As from 1 January 1980, no Member State may, on grounds relating to the rear underrun protection of vehicles: - refuse, in respect of a type of vehicle, to grant EEC type-approval, or issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or
- prohibit the entry into service of vehicles,
if the parts providing rear underrun protection for such type of vehicle or such vehicles comply with the provisions of Directive 70/221/EEC, as last amended by this Directive.
2. With effect from 1 October 1980, a Member State: - shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC of 6 February 1970 in respect of a type of vehicle of which the parts providing rear underrun protection do not comply with the provisions of Directive 70/221/EEC, as last amended by this Directive,
- shall refuse to grant national type-approval of a type of vehicle of which the parts providing rear underrun protection do not comply with the provisions of Directive 70/221/EEC, as last amended by this Directive.
3. As from 1 October 1981, Member States may prohibit the entry into service of vehicles of which the parts providing rear underrun protection do not comply with the provisions of Directive 70/221/EEC, as last amended by this Directive.
Article 3
Before 1 January 1980, Member States shall bring into force the provisions necessary to comply with this Directive, and shall forthwith inform the Commission thereof.
Article 4
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31979L0581 | 1979 | Council Directive 79/581/EEC of 19 June 1979 on consumer protection in the indication of the prices of foodstuffs
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the preliminary programme of the European Economic Community for a consumer protection and information policy (4) provides for the establishment of common principles for indicating prices;
Whereas the indication of the selling price and the unit of foodstuffs will make it easier for consumers to compare prices at the place of sale ; whereas this would thereby increase market transparency and ensure greater protection for consumers;
Whereas the obligation to indicate these prices must apply in principle to all foodstuffs offered to the final consumer, irrespective of whether they are marketed in bulk or in pre-packaged form ; whereas this obligation must also apply to written or printed advertising and to catalogues wherever these mention the selling price of foodstuffs;
Whereas the selling price and the unit price must be indicated in accordance with the specific procedures for each category of foodstuffs, so as not to place an undue burden on the retailer as regards labelling;
Whereas the obligation to indicate the unit price should be waived for foodstuffs sold in bulk or prepackaged for which such indication would be meaningless;
Whereas the obligation to indicate the unit price should, wherever possible, be replaced by standardization of quantities of pre-packaged foodstuffs ; whereas, in order to enable standardization to progress at national and Community level, provision should be made for a delay in the application of this obligation to pre-packaged foodstuffs in pre-established quantities;
Whereas the rules laid down in this Directive are needed for the purposes of consumer information and protection and further the attainment of one of the objectives of the Community by contributing to the improvement of living conditions and the harmonious development of economic activities throughout the Community ; whereas the Treaty has not provided the necessary powers,
Article 1
1. This Directive relates to the indication of the selling price and the price per unit of measurement of foodstuffs which are to be supplied to the final consumer, or which are advertised with their prices stated, whether they are sold in bulk or pre-packaged in pre-established or variable quantities.
2. This Directive does not apply to foodstuffs sold in hotels, restaurants, cafés, public houses, hospitals, canteens and similar establishments and consumed on the premises, nor to foodstuffs which the consumer purchases for professional or commercial reasons.
3. Member States may provide that this Directive shall not apply to foodstuffs sold on the farm. Foodstuffs sold by certain shops and handed directly by the seller to the purchaser may also be exempted from the scope of this Directive where the indication of prices: - is likely to constitute an excessive burden on such shops, or
- appears to be most impracticable owing to the number of foodstuffs offered for sale, the sales (1)OJ No C 167, 14.7.1977, p. 4 ; OJ No C 135, 9.6.1978, p. 4. (2)OJ No C 63, 13.3.1978, p. 48. (3)OJ No C 18, 23.1.1978, p. 15. (4)OJ No C 92, 25.4.1975, p. 2. area, its layout or the conditions peculiar to certain forms of trade, such as certain cases of itinerant dealers.
The exemptions referred to in the first paragraph shall be without prejudice to more stringent obligations to indicate prices existing under national or Community provisions at the time of entry into force of this Directive.
Article 2
For the purposes of this Directive: (a) "foodstuffs sold in bulk (or not packaged)" means foodstuffs which are not pre-packaged and/or are not measured or weighed for sale except in the presence of the final consumer;
(b) "pre-packaged foodstuffs" means foodstuffs in packaging whether such packaging encloses the foodstuff completely or only partially;
(c) "foodstuffs pre-packaged in pre-established quantities" means foodstuffs pre-packaged in such a way that the quantity in the package corresponds to a previously selected value;
(d) "foodstuffs pre-packaged in variable quantities" means foodstuffs pre-packaged in such a way that the quantity contained in the package does not correspond to a previously selected value;
(e) "selling price" means the price for a given quantity of the foodstuff;
(f) "unit price" means the price for a quantity of one kilogram or one litre of the foodstuff, subject to Articles 6 (2) and 9.
Article 3
1. The selling price and the unit price of the foodstuffs referred to in Article 1 must be indicated in accordance with the following provisions.
2. The unit price of foodstuffs marketed in bulk must be indicated. However the Member States may specify the conditions under which the selling price per piece may be indicated for certain categories of these foodstuffs.
3. The selling price and the unit price shall relate to the final price of the foodstuff under the conditions laid down by the Member States.
Article 4
The selling price and the unit price indicated at the place of sale must be unambiguous, easily identifiable and clearly legible. Each competent national authority may lay down the specific rules for such indication of prices.
Article 5
Any written or printed advertisement or catalogue which mentions the selling price of foodstuffs referred to in Article I shall indicate the unit price, subject to Articles 7 and 8.
Article 6
1. The unit price shall be expressed as a price per litre for foodstuffs sold by volume and as a price per kilogram for foodstuffs sold by weight.
2. Member States may, however, authorize that, for foodstuffs marketed by volume, the unit price shall refer to a quantity of 100 millilitres, 10 centilitres, one decilitre or 0 71 litre and, for those marketed by weight, to a quantity of 100 grams.
3. The unit price of pre-packaged foodstuffs shall refer to the quantity declared, in accordance with national and Community provisions. Where two or more quantities are declared on the packaging, the Member States may determine which one is to be used to calculate the unit price.
Article 7
1. Member States may waive the obligation to indicate the unit price of foodstuffs marketed in bulk or pre-packaged for which such indication would be meaningless.
2. The foodstuffs referred to in paragraph 1 include in particular: (a) foodstuffs for which indication of weight or volume is not required (in particular foodstuffs sold by the piece);
(b) foodstuffs sold from automatic vending machines;
(c) prepared dishes or dishes for preparation contained in a single package;
(d) fancy products.
3. Highly perishable foodstuffs may, if sold at reduced prices on account of the danger of their deteriorating, be exempted by the Member States from the requirement to indicate the new unit price.
4. Member States may exempt from the requirement to indicate the unit price foodstuffs of less than five grams or five millilitres and those exceeding 10 kilograms or 10 litres.
Article 8
1. By 31 December 1983 at the latest the Council, acting on a proposal from the Commission, shall take a decision on conditions for applying the obligation to indicate the unit price of foodstuffs pre-packaged in pre-established quantities. At the same time it shall lay down the categories of foodstuffs which may be exempted from the requirement to indicate the unit price.
2. Pending the Council decision referred to in paragraph 1, the unit price of foodstuffs pre-packaged in pre-established quantities shall be indicated in accordance with national provisions.
Article 9
Until the expiry of the transitional period during which use of the imperial system of units of measurement is authorized by Community provisions relating to units of measurement, the competent national authorities in Ireland and the United Kingdom shall determine, for each foodstuff or each category of foodstuffs, the units of mass or volume of the international system or the imperial system in which indication of the unit price is compulsory.
Article 10
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 24 months of the date of its notification. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.
3. The Commission shall submit to the Council by 1 July 1983 a report on the exemptions granted by the Member States pursuant to Articles 1 (3) and 7 (1) and (2), accompanied by a proposal for revision in the light of experience. On the basis of this report and the proposal for revision the Council shall decide to maintain to amend or to delete all or part of the provisions relating to the aforesaid exemptions.
Article 11
This Directive is addressed to the Member States. | [
"UKSI19841315",
"UKSI19890218"
] |
31979L0623 | 1979 | Council Directive 79/623/EEC of 25 June 1979 on the harmonization of provisions laid down by law, regulation or administrative action relating to customs debt
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 100 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,
WHEREAS THE COMMUNITY IS BASED UPON A CUSTOMS UNION ;
WHEREAS , WITHOUT PREJUDICE TO THE TRANSITIONAL MEASURES PROVIDED FOR IN CHAPTER I OF TITLE I OF PART FOUR OF THE ACT OF ACCESSION , THE ESTABLISHMENT OF THIS CUSTOMS UNION IS GOVERNED MAINLY BY CHAPTER I OF TITLE I OF PART TWO OF THE TREATY ; WHEREAS THAT CHAPTER CONTAINS A SERIES OF SPECIFIC PROVISIONS DEALING , IN PARTICULAR , WITH THE ABOLITION OF CUSTOMS DUTIES BETWEEN MEMBER STATES , THE ESTABLISHMENT AND PROGRESSIVE INTRODUCTION OF A COMMON CUSTOMS TARIFF AND THE AUTONOMOUS ALTERATION OR SUSPENSION OF THE DUTIES THEREUNDER ;
WHEREAS , WHILE ARTICLE 27 OF THE TREATY PROVIDES THAT BEFORE THE END OF THE FIRST STAGE MEMBER STATES SHALL , IN SO FAR AS MAY BE NECESSARY , TAKE STEPS TO APPROXIMATE THEIR PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF CUSTOMS MATTERS , IT DOES NOT EMPOWER THE INSTITUTIONS OF THE COMMUNITY TO ADOPT BINDING PROVISIONS IN THAT FIELD ; WHEREAS , HOWEVER , THE THOROUGH SURVEY UNDERTAKEN JOINTLY WITH MEMBER STATES HAS SHOWN THE NEED IN CERTAIN FIELDS TO ESTABLISH , BY BINDING COMMUNITY ACTS , MEASURES ESSENTIAL FOR THE INTRODUCTION OF CUSTOMS RULES WHICH WILL ENSURE UNIFORM APPLICATION OF THE DUTIES ON THE IMPORT AND EXPORT OF GOODS WHICH ARE THE SUBJECT OF TRADE BETWEEN THE COMMUNITY AND THIRD COUNTRIES ;
WHEREAS THE AMOUNT OF THE DUTIES TO WHICH IMPORTS AND EXPORTS ARE SUBJECT UNDER THE PROVISIONS IN FORCE MUST BE PAID BY A NATURAL OR LEGAL PERSON , ON WHOM THERE IS AN OBLIGATION TO PAY THE SAID AMOUNT , WHICH IS HEREINAFTER REFERRED TO AS " CUSTOMS DEBT " ;
WHEREAS THE MOMENT WHEN THE CUSTOMS DEBT IS INCURRED IS THAT WHICH SHOULD BE TAKEN INTO CONSIDERATION IN MANY CASES TO DETERMINE CERTAIN CRITERIA ON WHICH THE TAXATION OF THE GOODS DEPENDS , IN PARTICULAR THEIR DESCRIPTION , QUANTITY AND VALUE ; WHEREAS IT IS THEREFORE NECESSARY TO ESTABLISH COMMON RULES FOR DETERMINING THE MOMENT WHEN THE CUSTOMS DEBT IS INCURRED , IN ORDER TO ENSURE UNIFORM APPLICATION OF THE COMMUNITY PROVISIONS IN FORCE ON IMPORTS AND EXPORTS ;
WHEREAS THE MOMENT WHEN THE CUSTOMS DEBT IS INCURRED MUST BE DEFINED IN THE LIGHT OF THE ESSENTIALLY ECONOMIC NATURE OF THE DUTIES ON IMPORTS AND EXPORTS ;
WHEREAS THE MOMENT WHEN THE CUSTOMS DEBT IS INCURRED ON IMPORTS SHOULD BE DEFINED IN TERMS OF THE CONDITIONS UNDER WHICH THE GOODS LIABLE TO IMPORT DUTIES ARE INTEGRATED INTO THE ECONOMY OF THE COMMUNITY ; WHEREAS , TO THIS END , REFERENCE SHOULD BE MADE IN PARTICULAR , ACCORDING TO THE CIRCUMSTANCES , EITHER TO THE PROVISIONS GOVERNING THE ENTRY INTO FREE CIRCULATION IN THE CUSTOMS TERRITORY OF THE COMMUNITY OF GOODS FROM THIRD COUNTRIES , OR TO THE OBLIGATIONS RESULTING FROM COUNCIL DIRECTIVE 68/312/EEC OF 30 JULY 1968 ON HARMONIZATION OF THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO CUSTOMS TREATMENT OF GOODS ENTERING THE CUSTOMS TERRITORY OF THE COMMUNITY , AND TEMPORARY STORAGE OF SUCH GOODS ( 4 ) OR TO THE OBLIGATIONS RELATING TO THE CUSTOMS SUPERVISION OR THE UTILIZATION OF THE GOODS APPLICABLE BY VIRTUE OF RECOURSE BEING HAD TO THE CUSTOMS REGIME UNDER WHICH THE SAID GOODS ARE PLACED ;
WHEREAS THE MOMENT WHEN THE CUSTOMS DEBT IS INCURRED ON EXPORTS SHOULD BE DEFINED IN TERMS OF THE CONDITIONS UNDER WHICH THE GOODS LIABLE TO EXPORT DUTIES LEAVE THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY ; WHEREAS IT IS THEREFORE NECESSARY TO DRAW A DISTINCTION DEPENDING ON WHETHER THE GOODS IN QUESTION ARE OR ARE NOT THE SUBJECT OF A CUSTOMS ENTRY WITH A VIEW TO THEIR EXPORTATION AND , WHERE APPROPRIATE , ON WHETHER THEY ARE OR ARE NOT ACTUALLY USED FOR THE PURPOSE SHOWN IN THAT ENTRY ;
WHEREAS IT IS NECESSARY TO FIX THE MOMENT TO BE TAKEN INTO CONSIDERATION FOR THE DETERMINATION OF THE AMOUNT OF THE CUSTOMS DEBT AND THAT AT WHICH PAYMENT THEREOF MAY BE DEMANDED BY THE COMPETENT AUTHORITIES AND TO SPECIFY IN WHAT CIRCUMSTANCES THE CUSTOMS DEBT MAY BE DEEMED NOT TO HAVE ARISEN OR TO BE EXTINGUISHED ; WHEREAS EXCEPT WHERE THE AMOUNT OF THE CUSTOMS DEBT IS PAID OR SUBJECT TO THE OPERATION OF A TIME BAR IN ACCORDANCE WITH THE PROVISIONS IN FORCE , THE REASONS FOR THIS EXTINCTION MUST BE BASED ON THE RECORDED FACT THAT THE GOODS HAVE NOT BEEN USED FOR THE ECONOMIC PURPOSE WHICH JUSTIFIED THE APPLICATION OF IMPORT OR EXPORT DUTIES ;
WHEREAS INASMUCH AS GOODS COMPLYING WITH THE CONDITIONS OF ARTICLES 9 AND 10 ( 1 ) OF THE TREATY ARE LIABLE TO CUSTOMS OR AGRICULTURAL CHARGES WHEN TRADED BETWEEN MEMBER STATES , THE PROVISIONS OF THIS DIRECTIVE SHOULD BE OBSERVED IN RESPECT OF THE CUSTOMS DEBT ARISING FROM THE EXISTENCE OF SUCH A CHARGE ,
ARTICLE 1
1 . THIS DIRECTIVE DETERMINES THE RULES WHICH MUST BE INCORPORATED IN THE MEMBER STATES' PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION , IN RESPECT OF :
- THE INCURRENCE OF A CUSTOMS DEBT ,
- THE MOMENT TO BE TAKEN INTO CONSIDERATION FOR THE DETERMINATION OF THE AMOUNT OF A CUSTOMS DEBT AND ITS LIABILITY FOR PAYMENT ,
- THE EXTINCTION OF A CUSTOMS DEBT .
2 . FOR THE PURPOSES OF THIS DIRECTIVE , THE FOLLOWING DEFINITIONS SHALL APPLY :
( A ) " CUSTOMS DEBT " MEANS THE OBLIGATION ON A NATURAL OR LEGAL PERSON TO PAY THE AMOUNT OF THE IMPORT DUTIES ( CUSTOMS DEBT ON IMPORTATION ) OR EXPORT DUTIES ( CUSTOMS DEBT ON EXPORTATION ) WHICH APPLY UNDER THE PROVISIONS IN FORCE TO GOODS LIABLE TO SUCH DUTIES ;
( B ) " IMPORT DUTIES " MEANS CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT , AND AGRICULTURAL LEVIES AND OTHER IMPORT CHARGES LAID DOWN UNDER THE COMMON AGRICULTURAL POLICY OR UNDER THE SPECIFIC REGIMES APPLICABLE , PURSUANT TO ARTICLE 235 OF THE TREATY , TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS ;
( C ) " EXPORT DUTIES " MEANS AGRICULTURAL LEVIES AND OTHER EXPORT CHARGES LAID DOWN UNDER THE COMMON AGRICULTURAL POLICY OR UNDER THE SPECIFIC REGIMES APPLICABLE , PURSUANT TO ARTICLE 235 OF THE TREATY , TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS ;
( D ) " ENTRY IN THE ACCOUNTS " MEANS THE ADMINISTRATIVE ACT BY WHICH THE AMOUNT OF THE IMPORT OR EXPORT DUTIES TO BE LEVIED BY THE COMPETENT AUTHORITIES IS DULY DETERMINED .
TITLE 1
INCURRENCE OF THE CUSTOMS DEBT
A . CUSTOMS DEBT ON IMPORTATION
ARTICLE 2
A CUSTOMS DEBT ON IMPORTATION SHALL BE INCURRED BY :
( A ) THE PLACING OF GOODS LIABLE TO IMPORT DUTIES IN FREE CIRCULATION IN THE CUSTOMS TERRITORY OF THE COMMUNITY ;
( B ) THE INTRODUCTION INTO THE CUSTOMS TERRITORY OF THE COMMUNITY OF GOODS LIABLE TO IMPORT DUTIES IN VIOLATION OF THE PROVISIONS ADOPTED IN IMPLEMENTATION OF ARTICLE 2 OF DIRECTIVE 68/312/EEC .
ANY GOODS COMING FROM A FREE ZONE - WITHIN THE MEANING OF ARTICLE 1 ( 2 ) OF COUNCIL DIRECTIVE 69/75/EEC OF 4 MARCH 1969 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO FREE ZONES ( 5 ) - SITUATED IN THE CUSTOMS TERRITORY OF THE COMMUNITY , SHALL BE TREATED IN THE SAME WAY AS GOODS INTRODUCED INTO THE CUSTOMS TERRITORY OF THE COMMUNITY ;
( C ) THE REMOVAL OF GOODS LIABLE TO IMPORT DUTIES FROM THE CUSTOMS SUPERVISION INVOLVED IN THE TEMPORARY STORAGE OF THE GOODS OR THEIR BEING PLACED UNDER A CUSTOMS REGIME WHICH INVOLVES SUCH SUPERVISION ;
( D ) THE NON-FULFILMENT OF ONE OF THE OBLIGATIONS ARISING , IN RESPECT OF GOODS LIABLE TO IMPORT DUTIES , FROM THEIR TEMPORARY STORAGE OR FROM THE USE OF THE CUSTOMS REGIME UNDER WHICH THEY ARE PLACED , OR NON-COMPLIANCE WITH A CONDITION TO WHICH THE GRANT OF THE REGIME IS SUBJECT , UNLESS THE COMPETENT AUTHORITIES ARE SATISFIED THAT THESE FAILURES HAVE NO SIGNIFICANT EFFECT ON THE CORRECT OPERATION OF THE TEMPORARY STORAGE PROCEDURE OR CUSTOMS REGIME IN QUESTION ;
( E ) THE FAILURE TO USE FOR THE STIPULATED PURPOSE WITHIN THE SET TIME LIMIT GOODS PUT INTO FREE CIRCULATION TOTALLY OR PARTIALLY EXEMPTED FROM IMPORT DUTIES BECAUSE OF THEIR INTENDED USE FOR A PARTICULAR PURPOSE , OR THEIR USE FOR PURPOSES OTHER THAN THOSE STIPULATED .
THE DESTRUCTION OF THE GOODS WITHOUT THE PRIOR AUTHORIZATION OF THE COMPETENT AUTHORITIES , BEFORE THEIR ACTUAL USE FOR THE STIPULATED PURPOSE , SHALL BE DEEMED TO BE A USE FOR PURPOSES OTHER THAN THOSE STIPULATED .
( F ) THE DEFINITIVE RETENTION , IN THE CUSTOMS TERRITORY OF THE COMMUNITY , OF WASTE OR DEBRIS LIABLE TO IMPORT DUTIES WHICH RESULTS FROM THE DESTRUCTION , WITH THE PRIOR AUTHORIZATION OF THE COMPETENT AUTHORITIES , OF GOODS IN FREE CIRCULATION , WHERE SUCH DESTRUCTION HAS , PURSUANT TO THE PROVISIONS IN FORCE , THE EFFECT :
- EITHER OF PREVENTING THE INCURRENCE OF A CUSTOMS DEBT IN RESPECT OF THE GOODS IN QUESTION ,
- OR OF PERMITTING THE REIMBURSEMENT OR CANCELLATION OF THE IMPORT DUTIES RELATING TO THE SAID GOODS .
ARTICLE 3
THE MOMENT WHEN A CUSTOMS DEBT ON IMPORTS IS INCURRED SHALL BE DEEMED TO BE :
( A ) IN THE CASES REFERRED TO IN ARTICLE 2 ( A ) , THE MOMENT WHEN THE COMPETENT AUTHORITIES ACCEPT THE ENTRY OF THE GOODS FOR FREE CIRCULATION OR THE TIME OF ANY OTHER ACT WHICH , IN ACCORDANCE WITH THE PROVISIONS IN FORCE , HAS THE SAME EFFECT IN LAW AS SUCH ACCEPTANCE ;
( B ) IN THE CASES REFERRED TO IN ARTICLE 2 ( B ) , THE MOMENT WHEN THE GOODS ARE INTRODUCED INTO THE CUSTOMS TERRITORY OF THE COMMUNITY ;
( C ) IN THE CASES REFERRED TO IN ARTICLE 2 ( C ) , THE MOMENT WHEN THE GOODS ARE REMOVED FROM CUSTOMS SUPERVISION ;
( D ) IN THE CASES REFERRED TO IN ARTICLE 2 ( D ) , EITHER THE MOMENT AT WHICH THE OBLIGATION , NON-FULFILMENT OF WHICH CAUSES THE CUSTOMS DEBT TO BE INCURRED , CEASES TO BE MET , OR THE MOMENT AT WHICH THE CUSTOMS REGIME WAS GRANTED WHERE IT IS ESTABLISHED SUBSEQUENTLY THAT A CONDITION GOVERNING THE GRANT OF THE SAID REGIME WAS NOT IN FACT FULFILLED ;
( E ) IN THE CASES REFERRED TO IN ARTICLE 2 ( E ) :
- IF THE GOODS ARE USED WITH THE AUTHORIZATION OF THE COMPETENT AUTHORITIES FOR PURPOSES OTHER THAN THOSE QUALIFYING FOR TOTAL OR PARTIAL EXEMPTION FROM IMPORT DUTIES , THE MOMENT WHEN SUCH AUTHORIZATION WAS ISSUED ,
- IN OTHER CASES , THE MOMENT WHEN THE TIME LIMIT SET FOR USE OF THE GOODS FOR THEIR STIPULATED PURPOSES EXPIRES OR , WHERE APPROPRIATE , THE MOMENT WHEN THE GOODS ARE FIRST USED FOR PURPOSES OTHER THAN THOSE QUALIFYING FOR TOTAL OR PARTIAL EXEMPTION FROM IMPORT DUTIES ;
( F ) IN THE CASES REFERRED TO IN ARTICLE 2 ( F ) , THE MOMENT WHEN THE GOODS ARE DESTROYED .
ARTICLE 4
BY WAY OF DEROGATION FROM ARTICLE 2 , NO CUSTOMS DEBT ON IMPORTATION SHALL BE DEEMED TO BE INCURRED IN RESPECT OF SPECIFIC GOODS :
( A ) WHERE THE PERSON CONCERNED PROVES TO THE SATISFACTION OF THE COMPETENT AUTHORITIES THAT THE NON-FULFILMENT OF THE OBLIGATIONS WHICH ARISE FROM :
- THE PROVISIONS ADOPTED IN APPLICATION OF ARTICLE 2 OF DIRECTIVE 68/312/EEC , OR
- KEEPING THE GOODS IN QUESTION IN TEMPORARY STORAGE , OR
- THE USE OF THE CUSTOMS REGIME UNDER WHICH THE SAID GOODS HAVE BEEN PLACED ,
RESULTS FROM THE TOTAL DESTRUCTION OR IRRETRIEVABLE LOSS OF THE SAID GOODS BY REASON OF THE NATURE OF THE GOODS THEMSELVES OR BECAUSE OF UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE ;
( B ) WHERE THE GOODS CONCERNED , PREVIOUSLY PUT INTO FREE CIRCULATION WITH TOTAL OR PARTIAL EXEMPTION FROM IMPORT DUTIES BECAUSE OF THEIR INTENDED USE FOR SPECIAL PURPOSES , ARE WITH THE AUTHORIZATION OF THE COMPETENT AUTHORITIES RE-EXPORTED OUTSIDE THE COMMUNITY OR DESTROYED .
B . CUSTOMS DEBT ON EXPORTATION
ARTICLE 5
A CUSTOMS DEBT ON EXPORTATION SHALL BE INCURRED BY :
( A ) GOODS LIABLE TO EXPORT DUTIES LEAVING THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY AS DEFINED FOR THE PURPOSE OF APPLYING SUCH DUTIES ;
( B ) FAILURE TO USE GOODS FOR THE PURPOSE FOR WHICH THEY WERE ALLOWED TO LEAVE THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY , WITHIN THE MEANING OF PARAGRAPH ( A ) ABOVE , WITH TOTAL OR PARTIAL EXEMPTION FROM EXPORT DUTIES .
ARTICLE 6
THE MOMENT WHEN A CUSTOMS DEBT ON EXPORTATION IS INCURRED SHALL BE DEEMED TO BE :
( A ) IN THE CASES REFERRED TO IN ARTICLE 5 ( A ) :
- IF THE GOODS IN QUESTION ARE THE SUBJECT OF A CUSTOMS ENTRY WITH A VIEW TO THEIR EXPORTATION OUTSIDE THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY , THE MOMENT WHEN THE COMPETENT AUTHORITIES ACCEPT THAT ENTRY OR THE TIME OF ANY OTHER ACT WHICH , IN ACCORDANCE WITH THE PROVISIONS IN FORCE , HAS THE SAME EFFECT IN LAW AS SUCH ACCEPTANCE ,
- IF THE GOODS IN QUESTION HAVE NOT BEEN THE SUBJECT OF A CUSTOMS ENTRY AS REFERRED TO ABOVE , THE MOMENT WHEN THE GOODS HAVE ACTUALLY LEFT THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY ;
( B ) IN THE CASES REFERRED TO IN ARTICLE 5 ( B ) :
- IF THE DIFFERENT USE TO WHICH THE GOODS ARE PUT IS AUTHORIZED BY THE COMPETENT AUTHORITIES , THE MOMENT WHEN THAT AUTHORIZATION IS GIVEN ,
- IN OTHER CASES , THE MOMENT WHEN THE GOODS ARE USED FOR A PURPOSE OTHER THAN THAT FOR WHICH THEY WERE ALLOWED TO LEAVE THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY WITH TOTAL OR PARTIAL EXEMPTION FROM EXPORT DUTIES , OR , SHOULD THE COMPETENT AUTHORITIES BE UNABLE TO DETERMINE THAT MOMENT , THE MOMENT OF EXPIRY OF THE TIME LIMIT SET FOR THE PRODUCTION OF PROOF THAT THE GOODS HAVE ACTUALLY BEEN USED FOR THE PURPOSE WHICH ENTITLED THEM TO SUCH EXEMPTION .
TITLE II
MOMENT TO BE TAKEN INTO CONSIDERATION TO DETERMINE THE AMOUNT OF THE CUSTOMS DEBT AND ITS LIABILITY FOR PAYMENT
ARTICLE 7
SUBJECT TO THE SPECIAL PROVISIONS ADOPTED FOR SPECIFIC CUSTOMS OR AGRICULTURAL REGULATIONS :
( A ) THE AMOUNT OF THE IMPORT OR EXPORT DUTIES PAYABLE ON GOODS SHALL BE DETERMINED ON THE BASIS OF THE TAXATION ELEMENTS APPROPRIATE TO THE GOODS AT THE MOMENT WHEN THE CUSTOMS DEBT IN RESPECT OF THEM IS INCURRED ;
( B ) WHERE IT IS NOT POSSIBLE TO DETERMINE PRECISELY WHEN THE CUSTOMS DEBT IS INCURRED , THE MOMENT TO BE TAKEN INTO CONSIDERATION FOR THE PURPOSES OF DETERMINING THE TAXATION ELEMENTS APPROPRIATE TO THE GOODS CONCERNED SHALL BE THE MOMENT WHEN THE COMPETENT AUTHORITIES RECORD THAT THE GOODS ARE IN A SITUATION WHICH HAS GIVEN RISE TO A CUSTOMS DEBT .
HOWEVER , WHERE THE INFORMATION AVAILABLE TO THE COMPETENT AUTHORITIES ENABLES THEM TO ESTABLISH THAT THE CUSTOMS DEBT WAS INCURRED AT A MOMENT PRIOR TO THAT AT WHICH THEY RECORDED THE INCURRENCE OF THE DEBT , THE AMOUNT OF THE IMPORT OR EXPORT DUTIES PAYABLE ON THE GOODS IN QUESTION SHALL BE DETERMINED ON THE BASIS OF THE TAXATION ELEMENTS WHICH WERE APPROPRIATE TO THE GOODS AT THE MOST DISTANT MOMENT IN THE PAST AT WHICH THE EXISTENCE OF THE CUSTOMS DEBT ARISING FROM THIS SITUATION CAN BE ESTABLISHED .
ARTICLE 8
WITHOUT PREJUDICE TO THE PERIODS FOR PAYMENT WHICH HE MAY BE ALLOWED UNDER THE PROVISIONS IN FORCE , THE PERSON LIABLE SHALL BE LIABLE TO PAY THE AMOUNT OF THE IMPORT OR EXPORT DUTIES WHICH CONSTITUTE THE CUSTOMS DEBT FROM THE MOMENT WHEN THE COMPETENT AUTHORITIES ENTER THESE DUTIES IN THE ACCOUNTS .
TITLE III
EXTINCTION OF THE CUSTOMS DEBT
ARTICLE 9
1 . WITHOUT PREJUDICE TO THE PROVISIONS APPLICABLE IN THE CASE OF INSOLVENCY OF THE DEBTOR , AS DULY ESTABLISHED BY JUDICIAL PROCEEDINGS , THE CUSTOMS DEBT SHALL BE EXTINGUISHED :
( A ) BY THE PAYMENT OF THE AMOUNT OF THE IMPORT OR EXPORT DUTIES PAYABLE ON THE GOODS IN QUESTION OR BY REMISSION OF THIS AMOUNT PURSUANT TO COMMUNITY PROVISIONS ;
( B ) BY THE OPERATION OF A TIME BAR , IN ACCORDANCE WITH THE PROVISIONS IN FORCE .
2 . IN ADDITION :
( A ) THE CUSTOMS DEBT ON IMPORTATION SHALL BE EXTINGUISHED :
- WHERE , BEFORE THEY HAVE BEEN RELEASED FROM CUSTOMS SUPERVISION , THE ENTRY OF THE GOODS WITH A VIEW TO THEIR RELEASE FOR FREE CIRCULATION IS , FOR A REASON ADMISSIBLE UNDER THE EXISTING REGULATIONS , CANCELLED OR RENDERED INVALID BY THE COMPETENT AUTHORITIES , OR WHERE THE LATTER AUTHORIZE THE DECLARANT TO WITHDRAW ANY SUCH DECLARATION AND REPLACE IT BY AN ENTRY FOR ANOTHER CUSTOMS REGIME ,
- WHERE THE GOODS ENTERED WITH A VIEW TO THEIR RELEASE FOR FREE CIRCULATION ARE , BEFORE THEIR RELEASE FROM CUSTOMS SUPERVISION , DESTROYED ON THE ORDER OF OR WITH THE AUTHORIZATION OF THE COMPETENT AUTHORITIES OR SURRENDERED TO THE STATE TREASURY WITH THE AGREEMENT OF THE SAID AUTHORITIES ,
- WHERE THE PERSON CONCERNED PROVES TO THE SATISFACTION OF THE COMPETENT AUTHORITIES THAT THE GOODS ENTERED WITH A VIEW TO THEIR RELEASE FOR FREE CIRCULATION WERE DESTROYED OR IRRETRIEVABLY LOST BEFORE THEIR RELEASE FROM CUSTOMS SUPERVISION AS A RESULT OF THE ACTUAL NATURE OF THE GOODS OR OF UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE ,
- WHERE THE PERSON CONCERNED PROVES , TO THE SATISFACTION OF THE COMPETENT AUTHORITIES , THAT THE CIRCUMSTANCES WHICH CAUSED THE NON-FULFILMENT OF AN OBLIGATION ARISING , IN RESPECT OF GOODS LIABLE TO IMPORT DUTIES , FROM THEIR BEING KEPT IN TEMPORARY STORAGE OR FROM THE USE OF THE CUSTOMS REGIME UNDER WHICH THEY WERE PLACED WERE DUE TO :
- EITHER THE EXPORTATION OF THE GOODS CONCERNED OUTSIDE THE CUSTOMS TERRITORY OF THE COMMUNITY OR THEIR INTRODUCTION INTO A FREE ZONE ,
- OR THE DISPATCH OF THE GOODS CONCERNED TO ANOTHER MEMBER STATE WHERE THEY WERE TREATED IN ACCORDANCE WITH THEIR LEGAL STATUS THEREIN ;
( B ) THE CUSTOMS DEBT ON EXPORTATION SHALL BE EXTINGUISHED :
- WHERE THE EXPORT ENTRY IS , FOR A REASON ADMISSIBLE UNDER THE EXISTING REGULATIONS , CANCELLED OR RENDERED INVALID BY THE COMPETENT AUTHORITIES ,
- WHERE THE PERSON CONCERNED PROVES , TO THE SATISFACTION OF THE COMPETENT AUTHORITIES , THAT IT HAS NOT BEEN POSSIBLE FOR THE GOODS DECLARED FOR EXPORT TO LEAVE THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY .
TITLE IV
PROVISIONS APPLICABLE TO TRADE BETWEEN MEMBER STATES
ARTICLE 10
TO THE EXTENT THAT GOODS COMPLYING WITH THE CONDITIONS OF ARTICLES 9 AND 10 ( 1 ) OF THE TREATY ARE LIABLE TO CUSTOMS OR AGRICULTURAL CHARGES WHEN TRADED BETWEEN MEMBER STATES , ARTICLES 2 TO 9 OF THIS DIRECTIVE SHALL BE APPLICABLE BY ANALOGY , AS REGARDS THE INCURRENCE OF THE CUSTOMS DEBT ARISING FROM THIS SITUATION , TO THE MOMENT TO BE TAKEN INTO CONSIDERATION FOR DETERMINATION OF THE AMOUNT OF THE CUSTOMS DEBT , ITS LIABILITY FOR PAYMENT AND ITS EXTINCTION .
TITLE V
FINAL PROVISIONS
ARTICLE 11
THIS DIRECTIVE SHALL NOT CONSTITUTE AN IMPEDIMENT TO THE PROVISIONS IN FORCE IN THE MEMBER STATES UNDER WHICH THE GOODS THEMSELVES CONSTITUTE SECURITY FOR THE IMPORT OR EXPORT DUTIES TO WHICH THEY ARE LIABLE AND AS SUCH MAY BE SUBJECT TO SEIZURE OR CONFISCATION .
ARTICLE 12
1 . MEMBER STATES SHALL BRING INTO FORCE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE NOT LATER THAN 1 JANUARY 1982 .
2 . EACH MEMBER STATE SHALL INFORM THE COMMISSION OF THE PROVISIONS WHICH IT ADOPTS TO IMPLEMENT THIS DIRECTIVE . THE COMMISSION SHALL FORWARD THIS INFORMATION TO THE OTHER MEMBER STATES .
ARTICLE 13
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES . | [
"UKPGA19810035",
"UKSI19821324",
"UKPGA19790002",
"UKPGA19720068"
] |
31979L0795 | 1979 | Commission Directive 79/795/EEC of 20 July 1979 adapting to technical progress Council Directive 71/127/EEC on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by Directive 78/547/EEC (2), and in particular Articles 11, 12 and 13 thereof,
Having regard to Council Directive 71/127/EEC of 1 March 1971 on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles (3),
Whereas, in the light of the experience gained and in view of the present state of technology, it is now possible to make the relevant provisions fuller, more stringent and better adapted to actual test conditions;
Whereas Council Directive 71/127/EEC provides that specifications on external rear-view mirrors adjustable from the driving position are to be drawn up as soon as technological development permits;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of Directives for the Removal of Technical Barriers to Trade in the Motor Vehicles Sector,
Article 1
Directive 71/127/EEC is hereby amended as follows: 1. The last subparagraph of Article 3 (2) is amended to read as follows:
"There shall be failure to conform to the approved type, within the meaning of the first subparagraph, where the requirements of item 2 of Annex I are not observed."
2. Article 7 is replaced by the following:
"1. With effect from 1 February 1980, no Member State may, on grounds relating to rear-view mirrors: (a) - refuse, in respect of a type of motor vehicle, to grant EEC type-approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or
- prohibit the entry into service of the vehicles,
if the rear-view mirrors of this type of vehicle or of these vehicles comply with the provisions of this Directive;
(b) - refuse, in respect of a type of rear-view mirror, to grant EEC component (1)OJ No L 42, 23.2.1970, p. 1. (2)OJ No L 168, 26.6.1978, p. 39. (3)OJ No L 68, 22.3.1971, p. 1.
type-approval or national type-approval, if these rear-view mirrors comply with the provisions of this Directive, or
- prohibit the placing on the market of rear-view mirrors which bear the EEC component type-approval mark laid down in this Directive.
2. With effect from 1 October 1981 a Member State: (a) - shall not issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the rear-view mirrors do not comply with the provisions of this Directive,
- may refuse to grant national type-approval in respect of a type of vehicle of which the rear-view mirrors do not comply with the provisions of this Directive;
(b) - shall not grant EEC component type-approval in respect of a type of rear-view mirror if the latter does not comply with the provisions of this Directive,
- may refuse to grant national component type-approval in respect of a type of rear-view mirror if the latter does not comply with the provisions of this Directive.
3. With effect from 1 October 1984 Member States: - may prohibit the entry into service of vehicles of which the rear-view mirrors do not comply with the provisions of this Directive,
- may prohibit the placing on the market of rear-view mirrors which do not bear the EEC component type-approval mark laid down in this Directive."
3. Annexes I, II and III are replaced by Annexes I, II, III and IV to this Directive.
Article 2
Member States shall bring into force the provisions necessary to comply with this Directive not later than 1 February 1980. They shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31979L0695 | 1979 | Council Directive 79/695/EEC of 24 July 1979 on the harmonization of procedures for the release of goods for free circulation
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,
WHEREAS THE COMMUNITY IS BASED UPON A CUSTOMS UNION ;
WHEREAS , WITHOUT PREJUDICE TO THE TRANSITIONAL MEASURES LAID DOWN IN TITLE I , CHAPTER 1 OF PART FOUR OF THE ACT OF ACCESSION , THE ESTABLISHMENT OF THIS CUSTOMS UNION IS GOVERNED IN THE MAIN BY TITLE I , CHAPTER 1 OF PART TWO OF THE TREATY ; WHEREAS THAT CHAPTER CONTAINS A SERIES OF SPECIFIC PROVISIONS , DEALING IN PARTICULAR WITH THE ELIMINATION OF CUSTOMS DUTIES BETWEEN MEMBER STATES , THE ESTABLISHMENT AND PROGRESSIVE INTRODUCTION OF THE COMMON CUSTOMS TARIFF AND THE AUTONOMOUS ALTERATION OR SUSPENSION OF THE DUTIES OF THE LATTER ;
WHEREAS , WHILE ARTICLE 27 OF THE TREATY PROVIDES THAT MEMBER STATES SHALL , BEFORE THE END OF THE FIRST STAGE IN SO FAR AS MAY BE NECESSARY , TAKE STEPS TO APPROXIMATE THEIR PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO CUSTOMS MATTERS , THAT ARTICLE DOES NOT EMPOWER INSTITUTIONS OF THE COMMUNITY TO ISSUE BINDING PROVISIONS IN THAT FIELD ; WHEREAS , HOWEVER , A THOROUGH EXAMINATION UNDERTAKEN JOINTLY WITH MEMBER STATES HAS SHOWN THE NEED IN CERTAIN FIELDS FOR DECISION , BY BINDING ACTS OF THE COMMUNITY , UPON MEASURES ESSENTIAL FOR THE INTRODUCTION OF CUSTOMS ARRANGEMENTS WHICH WILL ENSURE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF AND OF THE VARIOUS CHARGES LAID DOWN WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY ;
WHEREAS , FOR THAT PURPOSE , THE COUNCIL HAS ALREADY ADOPTED INTER ALIA DIRECTIVE 68/312/EEC OF 30 JULY 1968 ON HARMONIZATION OF THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO CUSTOMS TREATMENT OF GOODS ENTERING THE CUSTOMS TERROTORY OF THE COMMUNITY AND TEMPORATY STORAGE OF SUCH GOODS ( 4 ) , AS WELL AS DIRECTIVE 78/453/EEC OF 22 MAY 1978 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION CONCERNING DEFERRED PAYMENT OF IMPORT DUTIES OR EXPORT DUTIES ( 5 ) ;
WHEREAS THE RELEASE FOR FREE CIRCULATION , WITHIN THE MEANING OF ARTICLE 10 ( 1 ) OF THE TREATY , OF GOODS IMPORTED FROM A THIRD COUNTRY INTO A MEMBER STATE HAS EFFECT THROUGHOUT THE COMMUNITY ; WHEREAS IT THEREFORE ASSUMES A SPECIFICALLY COMMUNITY CHARACTER AND , IN THIS RESPECT , DIFFERS FROM THE RELEASE FOR HOME USE OF THESE SAME GOODS , WHICH REQUIRES MOREOVER THE APPLICATION OF DIFFERENT NATIONAL PROVISIONS , PARTICULARLY OF A FISCAL NATURE , AND CAN THEREFORE TAKE PLACE ONLY IN THE MEMBER STATE IN WHICH SUCH GOODS ARE ACTUALLY CONSUMED ;
WHEREAS THE MEMBER STATES' LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS DETERMINE THE RULES OF PROCEDURE WHICH , IN MOST CASES , ARE DEVISED EXCLUSIVELY FOR THE RELEASE OF GOODS FOR HOME USE ; WHEREAS , AS A RESULT , THE RELEASE FOR FREE CIRCULATION OF GOODS , PARTICULARLY WITH A VIEW TO THEIR SUBSEQUENT RELEASE FOR HOME USE IN ANOTHER MEMBER STATE MOST OFTEN CANNOT TAKE PLACE IN ISOLATION ;
WHEREAS THESE PROVISIONS ALSO SHOW CONSIDERABLE DISPARITIES WHICH RESULT IN THE APPLICATION , UNDER DIFFERING CONDITIONS , NOT ONLY OF THE COMMON CUSTOMS TARIFF DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES OR OTHER CHARGES LAID DOWN WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY , BUT ALSO OF ANY OTHER COMMUNITY PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION ; WHEREAS THE RESULTING DISTORTIONS OF TREATMENT FOR COMMUNITY IMPORTERS , DEPENDING ON THE MEMBER STATE IN WHICH THE CUSTOMS CLEARANCE FORMALITIES ARE CARRIED OUT , MAY LEAD TO DEFLECTION OF TRADE AND ARTIFICIAL MOVEMENT OF ACTIVITIES ;
WHEREAS THE SAID PROVISIONS OF THE MEMBER STATES DIRECTLY AFFECT THE ESTABLISHMENT AND OPERATION OF THE COMMON MARKET ;
WHEREAS , TAKING INTO ACCOUNT THE PROGRESS MADE IN CREATING THE CUSTOMS UNION , IT IS NECESSARY TO FIX COMMON RULES OF PROCEDURE FOR THE RELEASE OF GOODS FOR FREE CIRCULATION , IN THE FORM OF A DIRECTIVE AT LEAST ; WHEREAS THE SAME RULES MAY ALSO BE FOLLOWED FOR THE RELEASE FOR HOME USE OF GOODS IN THE MEMBER STATE OF IMPORTATION ;
WHEREAS THESE COMMON RULES MUST MAKE IT POSSIBLE TO ENSURE THE CORRECT APPLICATION NOT ONLY OF CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT , AGRICULTURAL LEVIES OR OTHER CHARGES LAID DOWN WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY , BUT ALSO OF ANY OTHER COMMUNITY PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION ; WHEREAS , HOWEVER , SUCH RULES MUST DISPENSE WITH ALL UNNECESSARY FORMALITIES ; WHEREAS , MOREOVER , THEY MUST BE SUFFICIENTLY FLEXIBLE TO BE ADAPTABLE TO DIFFERING CIRCUMSTANCES AND TO TAKE INTO ACCOUNT PROGRESS IN ADMINISTRATION TECHNIQUES , PARTICULARLY WITH REGARD TO INFORMATICS ;
WHEREAS IT IS IMPORTANT TO ENSURE UNIFORM APPLICATION OF THESE COMMON RULES AND TO PROVIDE FOR THIS PURPOSE A COMMUNITY PROCEDURE WHICH WILL ALLOW THE MEASURES FOR IMPLEMENTING THEM TO BE ADOPTED WITHIN APPROPRIATE TIME LIMITS ,
ARTICLE 1
1 . WITHOUT PREJUDICE TO ANY SPECIAL PROVISIONS WHICH HAVE BEEN OR WILL BE ADOPTED UNDER SPECIFIC CUSTOMS ARRANGEMENTS , THIS DIRECTIVE DETERMINES THE RULES WHICH MUST BE LAID DOWN IN THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES IN RESPECT OF THE RELEASE FOR FREE CIRCULATION , WITHIN THE MEANING OF ARTICLE 10 ( 1 ) OF THE TREATY , OF GOODS WHICH :
- HAVE BEEN PRODUCED TO CUSTOMS AND WHICH MAY HAVE BEEN PLACED IN TEMPORARY STORAGE , IN ACCORDANCE WITH THE CONDITIONS LAID DOWN IN DIRECTIVE 68/312/EEC , OR
- ARE UNDER ANOTHER CUSTOMS PROCEDURE .
2 . FOR THE PURPOSES OF THIS DIRECTIVE , " IMPORT DUTIES " MEANS CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT , AS WELL AS AGRICULTURAL LEVIES AND OTHER IMPORT CHARGES LAID DOWN WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY OR OF THE SPECIFIC ARRANGEMENTS APPLICABLE , PURSUANT TO ARTICLE 235 OF THE TREATY , TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS .
TITLE I
GENERAL PROCEDURE
ARTICLE 2
THE RELEASE FOR FREE CIRCULATION OF THE GOODS REFERRED TO IN ARTICLE 1 SHALL BE CONDITIONAL UPON THE LODGING AT A CUSTOMS OFFICE , IN ACCORDANCE WITH THE CONDITIONS LAID DOWN BY THIS DIRECTIVE , OF AN ENTRY FORM FOR RELEASE FOR FREE CIRCULATION , HEREINAFTER REFERRED TO AS " THE ENTRY " .
THE NATURAL OR LEGAL PERSON WHO MAKES THE ENTRY SHALL HEREINAFTER BE REFERRED TO AS " THE DECLARANT " .
ARTICLE 3
1 . THE ENTRY SHALL BE MADE IN WRITING ON A FORM CORRESPONDING TO THE APPROPRIATE OFFICIAL MODEL DETERMINED BY THE COMPETENT AUTHORITIES . IT SHALL BE SIGNED AND CONTAIN THE PARTICULARS NECESSARY FOR THE IDENTIFICATION OF THE GOODS AND FOR THE APPLICATION OF THE IMPORT DUTIES AND ANY OTHER PROVISIONS GOVERNING THE RELEASE OF THE GOODS FOR FREE CIRCULATION .
2 . THE ENTRY SHALL BE ACCOMPANIED BY ALL THE DOCUMENTS REQUIRED FOR THE CORRECT APPLICATION OF THE IMPORT DUTIES AND ANY OTHER PROVISIONS GOVERNING THE RELEASE OF THE GOODS FOR FREE CIRCULATION .
ARTICLE 4
FOR THE PURPOSE OF MAKING ENTRY , THE CUSTOMS AUTHORITY SHALL , UNDER CONDITIONS WHICH IT SHALL SPECIFY , AUTHORIZE THE PRIOR EXAMINATION OF GOODS AND THE TAKING OF SAMPLES .
ARTICLE 5
1 . THE ENTRY MAY BE LODGED AT ANY CUSTOMS OFFICE IN THE COMMUNITY WHICH IS COMPETENT , IN ACCORDANCE WITH NATIONAL PROVISIONS , TO RELEASE FOR FREE CIRCULATION THE GOODS TO WHICH THE ENTRY RELATES , ON PRESENTATION OF THE GOODS AT THAT OFFICE .
HOWEVER , THE CUSTOMS AUTHORITY MAY AUTHORIZE THE ENTRY TO BE LODGED BEFORE THE DECLARANT IS IN A POSITION TO PRESENT THE GOODS . IN THIS CASE , THE CUSTOMS AUTHORITY MAY SET A TIME LIMIT , TO BE DETERMINED ACOORDING TO THE CIRCUMSTANCES , FOR PRESENTATION OF THE GOODS . IF THE GOODS HAVE NOT BEEN PRESENTED WITHIN THIS TIME LIMIT , THE ENTRY SHALL BE DEEMED NOT TO HAVE BEEN LODGED .
2 . FOR THE PURPOSE OF APPLYING PARAGRAPH 1 , GOODS SHALL BE DEEMED TO HAVE BEEN PRESENTED AT A CUSTOMS OFFICE WHEN THEIR ARRIVAL AT THE CUSTOMS OFFICE , OR AT ANOTHER PLACE DESIGNATED BY THE COMPETENT AUTHORITIES , HAS BEEN NOTIFIED TO THE LATTER IN THE MANNER REQUIRED TO ENABLE THEM TO CONTROL OR TO INSPECT THEM .
3 . THE ENTRY SHALL BE LODGED IN THE COMPETENT CUSTOMS OFFICE DURING THE DAYS AND HOURS APPOINTED FOR OPENING .
HOWEVER , THE CUSTOMS AUTHORITY MAY , AT THE REQUEST OF THE DECLARANT AND AT HIS EXPENSE , AUTHORIZE THE ENTRY TO BE LODGED OUTSIDE THE APPOINTED DAYS AND HOURS .
4 . ANY ENTRY LODGED WITH THE OFFICIALS OF A CUSTOMS OFFICE IN ANY OTHER PLACE DULY DESIGNATED FOR THAT PURPOSE BY AGREEMENT BETWEEN THE COMPETENT AUTHORITIES AND THE PERSON CONCERNED SHALL BE REGARDED AS HAVING BEEN LODGED IN THE AFOREMENTIONED OFFICE .
ARTICLE 6
1 . ONLY ENTRIES WHICH COMPLY WITH THE CONDITIONS LAID DOWN IN ARTICLE 3 MAY BE ACCEPTED BY THE CUSTOMS AUTHORITY .
2 . HOWEVER , AT THE DECLARANT'S REQUEST AND FOR REASONS DEEMED VALID BY THE CUSTOMS AUTHORITY , THE LATTER MAY ACCEPT AN ENTRY WHICH DOES NOT CONTAIN CERTAIN OF THE PARTICULARS REFERRED TO IN ARTICLE 3 ( 1 ) OR TO WHICH SOME OF THE DOCUMENTS REFERRED TO IN ARTICLE 3 ( 2 ) ARE NOT ATTACHED ; IT SHALL THEN SET A TIME LIMIT FOR THE COMMUNICATION OF THE PARTICULARS OR THE PRODUCTION OF THE SAID DOCUMENTS . IN THIS CASE , THE RELEASE OF THE GOODS FOR FREE CIRCULATION , REFERRED TO IN ARTICLE 13 , MAY BE MADE CONDITIONAL ON THE PROVISION OF SECURITY .
THE ENTRY SHALL , IN ANY CASE , CONTAIN THE PARTICULARS NECESSARY FOR THE IDENTIFICATION OF THE GOODS TO WHICH IT RELATES .
3 . AN INCOMPLETE ENTRY ACCEPTED UNDER THE CONDITIONS SET OUT IN PARAGRAPH 2 MAY BE EITHER COMPLETED BY THE DECLARANT OR , BY AGREEMENT WITH THE CUSTOMS AUTHORITY , REPLACED BY ANOTHER ENTRY WHICH COMPLIES WITH THE CONDITIONS LAID DOWN IN ARTICLE 3 . IN THE LATTER CASE , THE OPERATIVE DATE FOR THE FIXING OF THE IMPORT DUTIES AND THE APPLICATION OF ANY OTHER PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION SHALL BE THE DATE OF ACCEPTANCE OF THE INCOMPLETE ENTRY .
ARTICLE 7
1 . ENTRIES WHICH COMPLY WITH THE CONDITIONS LAID DOWN IN ARTICLE 3 AND THOSE WHICH ARE ACCORDED THE FACILITIES PROVIDED FOR IN ARTICLE 6 ( 2 ) SHALL BE ACCEPTED BY THE CUSTOMS AUTHORITY IMMEDIATELY , IN ACCORDANCE WITH THE PROCEDURES LAID DOWN IN EACH MEMBER STATE .
HOWEVER WHERE , PURSUANT TO THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 1 ) , AN ENTRY HAS BEEN LODGED BEFORE THE GOODS TO WHICH IT RELATES HAVE ARRIVED AT THE CUSTOMS OFFICE OR AT ANOTHER PLACE DESIGNATED BY THE CUSTOMS AUTHORITY , THE ENTRY MAY BE ACCEPTED ONLY AFTER THE GOODS IN QUESTION HAVE BEEN PRESENTED TO THE COMPETENT AUTHORITIES , WITHIN THE MEANING OF ARTICLE 5 ( 2 ) .
2 . THE DATE OF ACCEPTANCE OF THE ENTRY SHALL BE NOTED ON THAT DOCUMENT FOR THE PURPOSE OF DETERMINING THE OPERATIVE DATE FOR THE APPLICATION OF ARTICLE 11 ( 1 ) .
ARTICLE 8
1 . THE DECLARANT SHALL , AT HIS REQUEST , BE AUTHORIZED TO CORRECT ENTRIES ACCEPTED BY THE CUSTOMS AUTHORITY UNDER THE CONDITIONS LAID DOWN IN ARTICLE 7 , AS REGARDS ONE OR MORE OF THE PARTICULARS REFERRED TO IN ARTICLE 3 ( 1 ) , SUBJECT TO THE FOLLOWING :
( A ) THE CORRECTION SHALL BE REQUESTED BEFORE THE GOODS ARE RELEASED FOR FREE CIRCULATION ;
( B ) THE CORRECTION MAY NO LONGER BE ALLOWED WHERE THE REQUEST IS MADE AFTER THE CUSTOMS AUTHORITY HAS INFORMED THE DECLARANT THAT IT INTENDS TO EXAMINE THE GOODS OR THAT IT HAS ITSELF ESTABLISHED THAT THE PARTICULARS IN QUESTION ARE INCORRECT ;
( C ) THE CORRECTION SHALL NOT RESULT IN THE ENTRY APPLYING TO GOODS OTHER THAN THOSE TO WHICH IT ORIGINALLY RELATED .
THE CUSTOMS AUTHORITY MAY ALLOW OR REQUIRE THAT THE CORRECTIONS REFERRED TO IN THE PRECEDING SUBPARAGRAPH BE MADE BY THE LODGING OF A NEW ENTRY INTENDED TO REPLACE THE ORIGINAL ENTRY . IN THAT EVENT , THE DATE FOR DETERMINATION OF THE IMPORT DUTIES AND FOR THE APPLICATION OF ANY OTHER PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION SHALL BE THAT OF THE ACCEPTANCE OF THE ORIGINAL ENTRY .
2 . WHERE THE DECLARANT PROVIDES PROOF , TO THE SATISFACION OF THE COMPETENT AUTHORITIES , THAT GOODS HAVE BEEN ENTERED FOR FREE CIRCULATION BY MISTAKE OR THAT , AS A RESULT OF SPECIAL CIRCUMSTANCES , THE RELEASE OF THE GOODS FOR FREE CIRCULATION IS NO LONGER JUSTIFIED , THE CUSTOMS AUTHORITY SHALL AUTHORIZE CANCELLATION OR INVALIDATON OF THE ENTRY RELATING TO THEM . SUCH AUTHORIZATION MAY BE GIVEN AS LONG AS THE CUSTOMS AUTHORITY HAS NOT RELEASED THE GOODS .
ARTICLE 9
1 . WITHOUT PREJUDICE TO ANY OTHER MEANS OF CONTROL AT ITS DISPOSAL , THE CUSTOMS AUTHORITY MAY EXAMINE ALL OR PART OF THE GOODS ENTERED .
2 . THE GOODS SHALL BE EXAMINED IN THE PLACES DESIGNATED AND DURING THE HOURS APPOINTED FOR THAT PURPOSE .
HOWEVER , THE CUSTOMS AUTHORITY MAY , AT THE REQUEST OF THE DECLARANT , AUTHORIZE THE EXAMINATION OF GOODS IN PLACES OR DURING HOURS OTHER THAN THOSE REFERRED TO ABOVE . ANY COSTS INVOLVED SHALL BE BORNE BY THE DECLARANT .
3 . TRANSPORT OF GOODS TO THE PLACES WHERE THEY ARE TO BE EXAMINED , UNPACKING , REPACKING AND ALL OTHER OPERATIONS NECESSITATED BY SUCH EXAMINATION SHALL BE CARRIED OUT BY THE DECLARANT OR ON HIS RESPONSIBILITY . IN ALL CASES , ANY COSTS INVOLVED SHALL BE BORNE BY THE DECLARANT .
4 . THE DECLARANT SHALL BE ENTITLED TO BE PRESENT AT THE EXAMINATION OF THE GOODS OR TO BE REPRESENTED AT IT . IF THE CUSTOMS AUTHORITY SEES FIT , IT MAY REQUIRE THE DECLARANT TO BE PRESENT AT THE EXAMINATION OF THE GOODS OR TO BE REPRESENTED AT IT IN ORDER TO ASSIST WITH THE EXAMINATION , AS NECESSARY .
5 . WHEN EXAMINING THE GOODS , THE CUSTOMS AUTHORITY MAY TAKE SAMPLES FOR ANALYSIS OR FOR MORE DETAILED EXAMINATION . THE COSTS ARISING FROM SUCH ANALYSIS OR MORE DETAILED EXAMINATION SHALL BE BORNE BY THE ADMINISTRATIVE AUTHORITY .
ARTICLE 10
1 . THE RESULTS OF THE EXAMINATION OF THE ENTRY AND THE DOCUMENTS ATTACHED TO IT , WHETHER OR NOT COMBINED WITH EXAMINATION OF THE GOODS , SHALL BE USED FOR CALCULATING THE IMPORT DUTIES AND FOR APPLYING ANY OTHER PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION . WHERE NEITHER THE ENTRY AND THE DOCUMENTS ATTACHED TO IT , NOR THE GOODS THEMSELVES ARE EXAMINED , SUCH DUTIES SHALL BE CALCULATED AND SUCH PROVISIONS SHALL BE APPLIED ON THE BASIS OF THE PARTICULARS CONTAINED IN THE ENTRY .
2 . PARAGRAPH 1 SHALL BE WITHOUT PREJUDICE TO EITHER ANY SUBSEQUENT VERIFICATION BY THE COMPETENT AUTHORITIES OF THE MEMBER STATE IN WHICH THE GOODS HAVE BEEN RELEASED FOR FREE CIRCULATION OR THE POSSIBLE CONSEQUENCES OF APPLYING THE PROVISIONS IN FORCE , PARTICULARLY AS REGARDS ANY CHANGE IN THE AMOUNT OF IMPORT DUTY CHARGED ON THESE GOODS .
ARTICLE 11
1 . WITHOUT PREJUDICE TO SPECIAL RULES APPLICABLE UNDER GENERAL OR SPECIFIC COMMUNITY LEGISLATION , AND SUBJECT TO PARAGRAPH 2 , IMPORT DUTIES SHALL BE LEVIED IN ACCORDANCE WITH THE RATES AND AMOUNTS IN FORCE AT THE DATE OF ACCEPTANCE OF THE ENTRY . WITHOUT PREJUDICE TO THE SAID SPECIAL RULES , THAT SAME DATE SHALL BE THE OPERATIVE DATE FOR DETERMINING OTHER PARTICULARS MATERIAL TO THE CALCULATION OF DUTY ON THE GOODS AND FOR APPLYING ANY OTHER PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION .
2 . IN AS MUCH AS THE IMPORT DUTY PAYABLE ON GOODS IS A CUSTOMS DUTY , WHERE THE RATE OF THIS CUSTOMS DUTY IS REDUCED AFTER THE DATE OF ACCEPTANCE OF THE ENTRY BUT BEFORE THE RELEASE OF THE GOODS FOR FREE CIRCULATION HAS BEEN AUTHORIZED BY THE CUSTOMS AUTHORITY , THE DECLARANT MAY CLAIM THE APPLICATION OF THE MOST FAVOURABLE RATE .
THE PRECEDING SUBPARAGRAPH SHALL NOT APPLY TO GOODS WHICH THE CUSTOMS AUTHORITY HAS BEEN UNABLE TO RELEASE FOR FREE CIRCULATION FOR REASONS ATTRIBUTABLE SOLELY TO THE DECLARANT .
ARTICLE 12
WITHOUT PREJUDICE TO ANY CHANGES WHICH MAY OCCUR PURSUANT TO ARTICLE 10 ( 2 ) , THE AMOUNT OF THE IMPORT DUTIES DETERMINED BY THE COMPETENT AUTHORITIES SHALL BE ENTERED IN THE ACCOUNTS BY THE LATTER UNDER THE PROCEDURE LAID DOWN FOR THAT PURPOSE AND SHALL BE COMMUNICATED TO THE DECLARANT .
ARTICLE 13
1 . WITHOUT PREJUDICE TO ANY PROHIBITIVE OR RESTRICTIVE MEASURES PROVIDED FOR IN RESPECT OF THE GOODS , THE CUSTOMS AUTHORITY MAY RELEASE THE GOODS FOR FREE CIRCULATION ONLY WHEN THE IMPORT DUTIES HAVE BEEN PAID OR GUARANTEED OR PAYMENT OF THEM HAS BEEN DEFERRED UNDER THE CONDITIONS LAID DOWN IN DIRECTIVE 78/453/EEC .
2 . THE CUSTOMS AUTHORITY ITSELF SHALL DETERMINE THE FORM IN WHICH IT RELEASES GOODS , TAKING DUE ACCOUNT OF THE PLACE IN WHICH THE SAID GOODS ARE LOCATED AND OF THE SPECIAL PRECEDURES FOR THEIR CONTROL .
3 . UNTIL RELEASED FOR FREE CIRCULATION , GOODS MAY NOT BE MOVED FROM WHERE THEY ARE , OR HANDLED IN ANY WAY WHATSOEVER , WITHOUT THE AUTHORIZATION OF THE CUSTOMS AUTHORITY .
ARTICLE 14
1 . THE DECLARANT MAY BE AUTHORIZED BY THE CUSTOMS AUTHORITY , BEFORE THE GOODS HAVE BEEN RELEASED FOR FREE CIRCULATION :
- EITHER TO SURRENDER THE GOODS FREE OF CHARGE TO THE EXCHEQUER , IF SUCH A POSSIBILITY IS PROVIDED FOR UNDER NATIONAL REGULATIONS ,
- OR TO DESTROY THEM UNDER THE SUPERVISION OF THE CUSTOMS AUTHORITY ; ANY COSTS INCURRED BY SUCH DESTRUCTION SHALL BE BORNE BY THE DECLARANT .
2 . WHERE GOODS ARE SURRENDERED TO THE EXCHEQUER OR DESTROYED UNDER THE SUPERVISION OF THE CUSTOMS AUTHORITY , THE DECLARANT SHALL NOT BE REQUIRED TO PAY THE IMPORT DUTIES .
3 . THE RELEASE FOR FREE CIRCULATION OF ANY WASTE OR SCRAP RESULTING FROM THE DESTRUCTION OF THE GOODS SHALL BE EFFECTED ON THE BASIS OF THE IMPORT DUTY AND OTHER PARTICULARS MATERIAL TO THE CALCULATION OF DUTY APPLICABLE TO IT , AS RECOGNIZED OR ACCEPTED BY THE CUSTOMS AUTHORITY ON THE DATE OF DESTRUCTION .
ARTICLE 15
1 . THE CUSTOMS AUTHORITY SHALL TAKE ANY MEASURES NECESSARY , INCLUDING THE SALE OF GOODS , TO DEAL WITH GOODS WHICH HAVE NOT BEEN RELEASED :
( A ) EITHER BECAUSE IT HAS NOT BEEN POSSIBLE TO UNDERTAKE OR CONTINUE THE EXAMINATION WITHIN THE REQUIRED TIME LIMITS FOR REASONS ATTRIBUTABLE TO THE DECLARANT ;
( B ) OR BECAUSE THE DOCUMENTS WHICH MUST BE SUBMITTED BEFORE THEIR RELEASE FOR FREE CIRCULATION HAVE NOT BEEN PRODUCED ;
( C ) OR BECAUSE THE IMPORT DUTIES HAVE NOT BEEN PAID OR GUARANTEED WITHIN THE REQUIRED TIME LIMITS .
2 . IF NECESSARY , THE CUSTOMS AUTHORITY MAY ARRANGE FOR GOODS IN THE SITUATIONS REFERRED TO IN PARAGRAPH 1 TO BE DESTROYED .
THE RELEASE FOR FREE CIRCULATION OF ANY WASTE OR SCRAP RESULTING FROM THE DESTRUCTION OF SUCH GOODS SHALL BE EFFECTED ON THE BASIS OF THE IMPORT DUTY AND OTHER PARTICULARS MATERIAL TO THE CALCULATION OF DUTY APPLICABLE TO IT , AS RECOGNIZED OR ACCEPTED BY THE CUSTOMS AUTHORITY ON THE DATE OF DESTRUCTION .
3 . IF THE CUSTOMS AUTHORITY ARRANGES FOR THE GOODS TO BE SOLD , THIS SHALL BE DONE IN ACCORDANCE WITH THE PROCEDURES IN FORCE IN THE MEMBER STATES . THE CONDITIONS UNDER WHICH GOODS SOLD ARE RELEASED FOR FREE CIRCULATION SHALL BE DEFINED UNDER THE PROCEDURE LAID DOWN IN ARTICLE 26 ( 2 ) AND ( 3 ) .
TITLE II
SPECIAL PROCEDURES
ARTICLE 16
1 . FROM 1 JANUARY 1984 AT THE LATEST , MEMBER STATES SHALL NO LONGER APPLY SPECIAL PROCEDURES OTHER THAN THOSE LAID DOWN IN ARTICLES 17 TO 22 .
THEY SHALL APPLY FROM THAT DATE ALL SUCH SPECIAL PROCEDURES LAID DOWN IN ARTICLES 17 TO 22 IN SO FAR AS THEIR ADMINISTRATIVE ORGANIZATION ALLOWS IT .
2 . THE CONDITIONS TO BE FULFILLED BY THE PERSON CONCERNED IN ORDER TO OBTAIN AUTHORIZATION TO USE ONE OR OTHER OF THE SPECIAL PROCEDURES LAID DOWN IN ARTICLES 17 TO 22 , AND THE PRACTICE FOR THE OPERATION OF THESE PROCEDURES , SHALL BE DETERMINED BY THE COMPETENT AUTHORITIES .
THE SAID AUTHORIZATION MAY BE LIMITED TO CERTAIN GOODS . IT MAY BE GRANTED ON AN OCCASIONAL OR A PERMANENT BASIS . IT MAY BE REVOKED .
3 . SAVE AS OTHERWISE PROVIDED IN ARTICLES 17 TO 22 , TITLE I SHALL APPLY TO THE SPECIAL PROCEDURES LAID DOWN IN THESE ARTICLES .
A . EXEMPTION FROM WRITTEN ENTRIES
ARTICLE 17
WITHOUT PREJUDICE TO THE SPECIAL PROVISIONS LAID DOWN IN RESPECT OF CONSIGNMENTS SENT BY PARCEL OR LETTER POST , THE COMPETENT AUTHORITIES MAY SPECIFY THAT :
( A ) LODGING OF ENTRY REFERRED TO IN ARTICLE 2 IS NOT REQUIRED FOR THE RELEASE FOR FREE CIRCULATION OF GOODS PREVIOUSLY INTRODUCED UNDER THE INWARD PROCESSING ARRANGEMENTS ;
( B ) A WRITTEN ENTRY IS UNNECESSARY FOR GOODS IMPORTED FOR NON-COMMERCIAL PURPOSES , AND GOODS OF LOW VALUE , INCLUDING GHOSE CONTAINED IN TRAVELLERS " PERSONAL LUGGAGE .
B . DRAWING UP OF GENERAL , PERIODIC OR RECAPITULATIVE ENTRIES
ARTICLE 18
1 . WITHOUT PREJUDICE TO ARTICLE 21 , THE COMPETENT AUTHORITIES MAY AUTHORIZE THE DECLARANT TO FURNISH OR TO INSERT AT A LATER DATE CERTAIN PARTICULARS OF THE ENTRY IN THE FORM OF SUPPLEMENTARY ENTRIES OF A GENERAL , PERIODIC OR RECAPITULATIVE NATURE .
2 . STATEMENTS MADE IN SUPPLEMENTARY ENTRIES , TOGETHER WITH STATEMENTS MADE IN THE ENTRIES TO WHICH THEY REFER , SHALL BE DEEMED TO CONSTITUTE A SINGLE , INDIVISIBLE INSTRUMENT TAKING EFFECT AT THE DATE ON WHICH THE CORRESPONDING INITIAL ENTRY WAS ACCEPTED .
3 . THE COMPETENT AUTHORITIES MAY MAKE THE GRANTING OF THE FACILITIES PROVIDED FOR IN THIS ARTICLE CONDITIONAL UPON THE LODGING OF SECURITY , THE NATURE AND AMOUNT OF WHICH IT SHALL DETERMINE .
4 . THE INITIAL ENTRIES RELATING TO EACH BATCH OF GOODS MUST IN ALL CASES CONTAIN THE PARTICULARS NECESSARY FOR THE IDENTIFICATION OF THE GOODS IN QUESTION .
C . RELEASE OF GOODS BEFORE LODGING OF ENTRY
ARTICLE 19
1 . WHERE THE CIRCUMSTANCES SO JUSTIFY , THE COMPETENT AUTHORITIES MAY AUTHORIZE RELEASE OF GOODS AS SOON AS THEY HAVE BEEN PRODUCED , WITHIN THE MEANING OF ARTICLE 5 ( 2 ) , AT THE CUSTOMS OFFICE DESIGNATED FOR THAT PURPOSE AND WITHOUT THE ENTRY REFERRED TO IN ARTICLE 3 HAVING BEEN LODGED .
2 . THE RELEASE OF GOODS SHALL BE CONDITIONAL ON THE PRESENTATION AT THE COMPETENT CUSTOMS OFFICE OF A COMMERCIAL OR ADMINISTRATIVE DOCUMENT , AT THE DISCRETION OF THAT OFFICE , CONTAINING THE PARTICULARS NECESSARY FOR THE IDENTIFICATION OF THE GOODS AND ACCOMPANIED BY A REQUEST , SIGNED BY THE PERSON CONCERNED , FOR RELEASE FOR FREE CIRCULATION .
WHERE THE RELEASE OF A PARTICULAR TYPE OF GOODS FOR FREE CIRCULATION IS SUBJECT TO THE PRESENTATION OF ANY OTHER DOCUMENT , THAT DOCUMENT SHALL ACCOMPANY THE SAID COMMERCIAL OR ADMINISTRATIVE DOCUMENT .
ACCEPTANCE BY THE CUSTOMS OFFICE OF THAT COMMERCIAL OR ADMINISTRATIVE DOCUMENT SHALL HAVE THE SAME FORCE IN LAW AS ACCEPTANCE OF THE ENTRY REFERRED TO IN ARTICLE 3 .
3 . THE CUSTOMS AUTHORITY MAY , IF IT CONSIDERS IT NECESSARY , MAKE RELEASE OF THE GOODS CONDITIONAL ON THEIR EXAMINATION BASED ON THE PARTICULARS CONTAINED IN THE COMMERCIAL OR ADMINISTRATIVE DOCUMENT REFERRED TO IN PARAGRAPH 2 .
4 . THE ENTRY RELATING TO GOODS COVERED BY THE AUTHORIZATION REFERRED TO IN PARAGRAPH 1 SHALL BE LODGED AT THE COMPETENT CUSTOMS OFFICE WITHIN THE TIME LIMITS LAID DOWN BY THE COMPETENT AUTHORITIES .
FOR THE PURPOSE OF APPLYING ARTICLE 11 ( 1 ) , THIS ENTRY SHALL TAKE EFFECT ON THE DATE ON WHICH THE CUSTOMS AUTHORITY ACCEPTS THE COMMERCIAL OR ADMINISTRATIVE DOCUMENT REFERRED TO IN PARAGRAPH 2 .
5 . WITHOUT PREJUDICE TO ARTICLE 21 , THE CUSTOMS AUTHORITY MAY ALLOW THE LODGING OF GENERAL , PERIODIC OR RECAPITULATIVE ENTRIES FOR THE GOODS . SUCH ENTRIES SHALL TAKE EFFECT ON THE DATE ON WHICH THAT AUTHORITY ACCEPTED THE COMMERCIAL OR ADMINISTRATIVE DOCUMENT REFERRED TO IN PARAGRAPH 2 .
6 . THIS ARTICLE SHALL NOT PRECLUDE THE EXERCISE BY THE CUSTOMS AUTHORITY OF ANY CONTROLS WHICH IT CONSIDERS NECESSARY IN ORDER TO ENSURE THAT THE PROCEDURES ARE CORRECTLY CARRIED OUT .
7 . THE COMPETENT AUTHORITIES MAY MAKE THE GRANTING OF THE FACILITIES PROVIDED FOR IN THIS ARTICLE SUBJECT TO THE LODGING OF SECURITY , THE NATURE AND AMOUNT OF WHICH THEY SHALL DETERMINE .
ARTICLE 20
1 . THE COMPETENT AUTHORITIES MAY AUTHORIZE NATURAL OR LEGAL PERSONS WHO FREQUENTLY PRESENT GOODS FOR RELEASE FOR FREE CIRCULATION TO RECEIVE THE GOODS DIRECTLY AFTER THEY HAVE BEEN CONVEYED TO A CUSTOMS OFFICE , WITHIN THE MEANING OF ARTICLE 2 OF DIRECTIVE 68/312/EEC , INTO A PLACE DESIGNATED FOR THAT PURPOSE SO AS TO OBTAIN THEIR RELEASE WITHOUT FIRST LODGING AN ENTRY REFERRED TO IN ARTICLE 3 IN THE COMPETENT CUSTOMS OFFICE .
2 . UPON ARRIVAL OF THE GOODS AT THE PLACE DESIGNATED FOR THAT PURPOSE , THE AUTHORIZED PERSON REFERRED TO IN PARAGRAPH 1 SHALL :
( A ) DULY NOTIFY THE COMPETENT AUTHORITIES OF THIS ARRIVAL IN THE FORM AND MANNER LAID DOWN BY THEM FOR THE PURPOSE OF OBTAINING RELEASE OF THE GOODS ;
( B ) ENTER THE SAID GOODS IN HIS RECORDS . THIS SHALL BE DONE IN THE FORM AND MANNER LAID DOWN BY THE COMPETENT AUTHORITIES . THIS ENTRY SHALL INCLUDE THE DATE OF ENTRY IN THE RECORDS AND THE PARTICULARS NECESSARY FOR IDENTIFICATION OF THE GOODS ;
( C ) MAKE AVAILABLE TO THE COMPETENT AUTHORITIES ALL DOCUMENTS , THE PRODUCTION OF WHICH MAY BE REQUIRED FOR THE APPLICATION OF THE COMMUNITY PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION .
COMPLETION OF THE FORMALITIES REFERRED TO IN SUBPARAGRAPHS ( A ) AND ( B ) SHALL HAVE THE SAME FORCE IN LAW AS ACCEPTANCE OF THE ENTRY REFERRED TO IN ARTICLE 3 .
3 . PROVIDED THAT CHECKING ON THE REGULARITY OF TRANSACTIONS IS NOT THEREBY AFFECTED , THE COMPETENT AUTHORITIES MAY :
( A ) INSTEAD OF REQUIRING THE AUTHORIZED PERSON TO WAIT FOR THE ACTUAL ARRIVAL OF THE GOODS BEFORE NOTIFYING THE COMPETENT CUSTOMS OFFICE THEREOF , PERMIT HIM TO INFORM THAT OFFICE OF THEIR ARRIVAL AS SOON AS IT BECOMES IMMINENT ;
( B ) IN CERTAIN SPECIAL CIRCUMSTANCES JUSTIFIED BY THE NATURE OF THE GOODS IN QUESTION AND THE INCREASED RATE OF IMPORTATIONS , EXEMPT THE AUTHORIZED PERSON FROM THE OBLIGATION TO NOTIFY THE COMPETENT CUSTOMS OFFICE OF EACH ARRIVAL OF GOODS , ON CONDITION THAT HE PROVIDES THAT OFFICE WITH ALL THE INFORMATION WHICH IT DEEMS NECESSARY TO ENABLE IT TO EXERCISE , WHERE APPROPRIATE , ITS RIGHT TO EXAMINE THE GOODS . IN THAT CASE , ENTRY OF THE GOODS IN THE RECORDS OF THE PERSON CONCERNED SHALL BE EQUIVALENT TO THEIR RELEASE .
4 . WHERE THE COMPETENT CUSTOMS OFFICE DECIDES TO EXAMINE THE GOODS , SUCH EXAMINATION SHALL TAKE PLACE ON THE BASIS OF THE PARTICULARS CONTAINED IN THE RECORDS OF THE PERSON CONCERNED .
5 . THE ENTRY RELATING TO THE GOODS WHICH ARE THE SUBJECT OF THE AUTHORIZATION REFERRED TO IN PARAGRAPH 1 SHALL BE LODGED AT THE COMPETENT CUSTOMS OFFICE WITHIN THE TIME LIMITS FIXED BY THE COMPETENT AUTHORITIES .
FOR THE PURPOSE OF APPLYING ARTICLE 11 ( 1 ) , THIS ENTRY SHALL TAKE EFFECT ON THE DATE ON WHICH THE GOODS ARE ENTERED IN THE RECORDS OF THE PERSON CONCERNED .
6 . ARTICLE 19 ( 5 ) , ( 6 ) AND ( 7 ) SHALL ALSO APPLY WHERE THE PROVISIONS OF THIS ARTICLE ARE INVOKED .
7 . THE ENTRY OF THE GOODS IN THE RECORDS OF THE PERSON CONCERNED , AS PROVIDED FOR IN PARAGRAPH 2 ( B ) , MAY BE REPLACED BY ANY OTHER FORMALITY OFFERING SIMILAR GUARANTEES WHICH MAY BE LAID DOWN BY THE COMPETENT AUTHORITIES .
D . REPLACEMENT OF ALL OR PART OF THE PARTICULARS OF THE ENTRY BY CODIFIED DATA
ARTICLE 21
1 . THE COMPETENT AUTHORITIES MAY AUTHORIZE THE DECLARANT TO REPLACE ALL OR PART OF THE PARTICULARS OF THE WRITTEN ENTRY REFERRED TO IN ARTICLE 3 BY SENDING TO THE CUSTOMS OFFICE DESIGNATED FOR THAT PURPOSE , WITH A VIEW TO THEIR PROCESSING BY COMPUTER , CODIFIED DATA , OR DATA MADE OUT IN ANY OTHER FORM SPECIFIED BY THOSE AUTHORITIES , CORRESPONDING TO THE PARTICULARS REQUIRED FOR WRITTEN ENTRIES .
2 . THE COMPETENT AUTHORITIES SHALL DETERMINE THE CONDITIONS UNDER WHICH THE DATA REFERRED TO IN PARAGRAPH 1 ARE TO BE SENT .
3 . THIS ARTICLE SHALL NOT PRECLUDE THE EXERCISE BY THE CUSTOMS AUTHORITY OF ANY CONTROLS WHICH IT CONSIDERS NECESSARY IN ORDER TO ENSURE THAT THE PROCEDURES ARE CORRECTLY CARRIED OUT .
E . ASSESSMENT OF COMPOSITE CONSIGNMENTS
ARTICLE 22
1 . WHERE A SINGLE CONSIGNMENT IS MADE UP OF GOODS COMING UNDER SEVERAL TARIFF HEADINGS , AND WHERE DEALING WITH EACH TYPE OF GOODS WOULD INVOLVE A BURDEN OF WORK AND EXPENSE DISPROPORTIONATE TO THE IMPORT DUTY CHARGEABLE THEREON , THE COMPETENT AUTHORITIES MAY , AT THE REQUEST OF THE DECLARANT , AGREE THAT THE WHOLE CONSIGNMENT BE ASSESSED AT THE RATE APPLICABLE TO WHICHEVER TYPE OF GOODS IS SUBJECT TO THE HIGHEST RATE OF IMPORT DUTY .
2 . THE GRANTING OF THE FACILITY PROVIDED FOR IN PARAGRAPH 1 SHALL IN NO WAY AFFECT THE OBLIGATIONS OF THE DECLARANT AS REGARDS THE COMPILING OF STATISTICS UNDER THE CONDITIONS PROVIDED FOR IN COUNCIL REGULATION ( EEC ) NO 1736/75 OF 24 JUNE 1975 ON THE EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND STATISTICS OF TRADE BETWEEN MEMBER STATES ( 6 ) AND THE APPLICATION OF THE OTHER PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION .
3 . THE FACILITY PROVIDED FOR IN PARAGRAPH 1 MAY BE GRANTED AS A GENERAL AUTHORIZATION TO A DECLARANT FOR CONSIGNMENTS MADE UP OF THE SAME TYPE OF GOODS WHICH HE ENTERS ON A REGULAR BASIS FOR RELEASE FOR FREE CIRCULATION .
4 . THE PARTICULARS TO BE INCLUDED IN THE ENTRY RELATING TO THE GOODS TO WHICH THIS ARTICLE APPLIES SHALL BE DEFINED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 26 ( 2 ) AND ( 3 ) .
TITLE III
FINAL PROVISIONS
ARTICLE 23
WHERE GOODS ENTERED FOR FREE CIRCULATION ARE NOT SIMULTANEOUSLY ENTERED FOR HOME USE IN A MEMBER STATE , THE COMPETENT AUTHORITIES OF THAT MEMBER STATE SHALL TAKE ALL MEASURES NECESSARY TO ENSURE FREE CIRCULATION OF THE GOODS WITHIN THE COMMUNITY .
TO THIS END , GOODS WHICH ARE IN FREE CIRCULATION MAY BE PLACED UNDER A CUSTOMS PROCEDURE ENSURING OBSERVANCE OF THE NATIONAL PROVISIONS GOVERNING THE RELEASE OF GOODS FOR HOME USE . WHERE THEY ARE INTENDED TO BE TRANSPORTED IMMEDIATELY TO ANOTHER MEMBER STATE , THEY SHALL BE PLACED UNDER A CUSTOMS PROCEDURE WHICH ENSURES THEIR FREE CIRCULATION WITHIN THE COMMUNITY .
ARTICLE 24
1 . A COMMITTEE ON GENERAL CUSTOMS RULES , HEREINAFTER REFERRED TO AS " THE COMMITTEE " , IS HEREBY SET UP . IT SHALL BE COMPOSED OF REPRESENTATIVES OF THE MEMBER STATES , WITH A REPRESENTATIVE OF THE COMMISSION AS CHAIRMAN .
2 . THE COMMITTEE SHALL ADOPT ITS RULES OF PROCEDURE .
ARTICLE 25
THE COMMITTEE MAY EXAMINE ANY QUESTION CONCERNING THE APPLICATION OF THIS DIRECTIVE WHICH IS RAISED BY ITS CHAIRMAN EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF A REPRESENTATIVE OF A MEMBER STATE .
ARTICLE 26
1 . THE PROVISIONS REQUIRED FOR APPLYING ARTICLES 3 , 4 , 6 AND 8 , ARTICLE 9 ( 1 ) , ( 4 ) AND ( 5 ) , ARTICLE 10 ( 1 ) , ARTICLE 11 ( 2 ) , ARTICLES 13 AND 14 , ARTICLE 15 ( 1 ) AND ARTICLES 18 TO 22 SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPHS 2 AND 3 .
2 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT TO THE COMMITTEE A DRAFT OF THE PROVISIONS TO BE ADOPTED . THE COMMITTEE SHALL DELIVER ITS OPINION ON THE DRAFT WITHIN A TIME LIMIT SET BY THE CHAIRMAN HAVING REGARD TO THE URGENCY OF THE MATTER . OPINIONS SHALL BE DELIVERED BY A MAJORITY OF 41 VOTES , THE VOTES OF THE MEMBER STATES BEING WEIGHTED IN ACCORDANCE WITH ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .
3 . WHERE THE PROVISIONS ENVISAGED ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , THE COMMISSION SHALL ADOPT THEM .
WHERE THE PROVISIONS ENVISAGED ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , OR IF NO OPINION IS DELIVERED , THE COMMISSION SHALL WITHOUT DELAY SUBMIT TO THE COUNCIL A PROPOSAL ON THE PROVISIONS TO BE ADOPTED . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY .
IF WITHIN THREE MONTHS OF SUBMISSION OF THE PROPOSAL THE COUNCIL HAS NOT ACTED , THE PROPOSED PROVISIONS SHALL BE ADOPTED BY THE COMMISSION .
ARTICLE 27
1 . MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE NOT LATER THAN SIX MONTHS AFTER THE DATE OF PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES OF THE REGULATION LAYING DOWN THE CONDITIONS UNDER WHICH A PERSON IS PERMITTED TO MAKE A CUSTOMS ENTRY .
HOWEVER , IF THE SAID DATE OF PUBLICATION IS PRIOR TO 1 JANUARY 1981 , MEMBER STATES MAY POSTPONE THE IMPLEMENTATION OF THE SAID MEASURES UNTIL 1 JULY 1981 .
MEMBER STATES MAY POSTPONE THE EFFECTIVE IMPLEMENTATION OF ARTICLES 17 TO 22 UNTIL 1 JANUARY 1984 .
2 . EACH MEMBER STATE SHALL INFORM THE COMMISSION OF THE MEASURES WHICH IT TAKES FOR THE IMPLEMENTATION OF THIS DIRECTIVE . THE COMMISSION SHALL COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .
ARTICLE 28
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES . | [
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31979L0831 | 1979 | Council Directive 79/831/EEC of 18 September 1979 amending for the sixth time Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas to protect man and the environment against potential risks which could arise from the placing on the market of new substances, it is necessary to lay down appropriate measures and in particular to reinforce the recommendations provided in Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (3), as last amended by Directive 75/409/EEC (4);
Whereas it is necessary for these reasons to amend Directive 67/548/EEC which at the moment by an adequate classification, packaging and labelling of dangerous substances protects the population and principally the workers using them;
Whereas in order to control the effects on man and the environment it is advisable that any new substance placed on the market be subjected to a prior study by the manufacturer or importer and a notification to the competent authorities conveying mandatorily certain information ; whereas it is, moreover, important to follow closely the evolution and use of new substances placed on the market, and that in order to do this it is necessary to institute a system which allows all new substances to be listed;
Whereas, moreover, it is necessary, if the Directive is to be properly applied, to draw up an inventory of substances on the Community market by 18 September 1981;
Whereas it is necessary to provide for measures making it possible to introduce a procedure of notification to one Member State which is then valid for the Community ; whereas, it is, moreover, necessary to provide that the measures relating to the classification and labelling of substances may be laid down at Community level;
Whereas it is necessary to introduce measures for the packaging and provisional labelling of dangerous substances not yet appearing in Annex I to Directive 67/548/EEC;
Whereas it is necessary to make the indication of safety advice obligatory;
Whereas Article 2 of the abovementioned Directive classifies substances and preparations as toxic, harmful, corrosive or irritant by the use of general definitions ; whereas experience has shown that it is necessary to improve this classification ; whereas in the absence, at the moment, of specifications necessary for allocation to these classes, it seems appropriate to provide precise criteria for classification ; whereas in addition Article 3 of the Directive provides for an evaluation of danger for the environment and it is therefore necessary to enumerate certain characteristics and parameters of assessment, and to establish a phased study programme,
Article 1
Articles 1 to 8 of Directive 67/548/EEC are hereby replaced by the following Articles:
"Article 1 1. The purpose of this Directive is to approximate the laws, regulations and administrative provisions of the Member States on: (1)OJ No C 30, 7.2.1977, p. 35. (2)OJ No C 114, 11.5.1977, p. 20. (3)OJ No 196, 16.8.1967, p. 1. (4)OJ No L 183, 14.7.1975, p. 22. (a) the notification of substances, and
(b) the classification, packaging and labelling of substances dangerous to man and the environment,
which are placed on the market in the Member States.
2. This Directive does not apply to the provisions relating to: (a) medicinal products, narcotics and radioactive substances;
(b) the carriage of dangerous substances by rail, road, inland waterway, sea or air;
(c) foodstuffs or feedingstuffs;
(d) substances in the form of waste which are covered by Council Directive 75/442/EEC of 15 July 1975 relating to waste (1) and Council Directive 78/319/EEC of 20 March 1978 relating to toxic and dangerous waste (2);
(e) substances in transit which are under customs supervision provided they do not undergo any treatment or processing.
3. Articles 15, 16 and 17 do not apply to the provisions governing: (a) containers which contain gases compressed, liquefied or dissolved under pressure, excluding aerosols which comply with the requirements of Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (3);
(b) munitions and explosives placed on the market with a view to producing a practical effect by explosion or a pyrotechnic effect.
4. Articles 5, 6 and 7, in so far as they are concerned with notification, do not apply: (a) - until six months after publication of the inventory referred to in Article 13 (1), to substances placed on the market before 18 September 1981;
- six months after publication of the inventory referred to in Article 13 (1), to substances which appear in that inventory;
(b) to pesticides and fertilizers, in as far as they are subject to approval procedures which are at least equivalent or Community notification procedures or procedures which are not yet harmonized;
(c) to substances which are already subject to similar testing and notification requirements under existing Directives.
Article 2
1. For the purpose of this Directive: (a) "substances" means chemical elements and their compounds as they occur in the natural state or as produced by industry, including any additives required for the purpose of placing them on the market;
(b) "preparations" means mixtures or solutions composed of two or more substances;
(c) "environment" means water, air and land and their inter-relationship as well as relationships between them and any living organisms;
(d) "notification" means the documents whereby the manufacturer or any other person established in the Community who places a substance on its own or in a preparation on the market presents the requisite information to the competent authority of a Member State. The person so doing shall hereinafter be referred to as "the notifier";
(e) "placing on the market" means supplying or making available to third parties.
Importation into Community customs territory shall be deemed to be placing on the market for the purposes of this Directive.
2. The following substances and preparations are "dangerous" within the meaning of this Directive: (a) explosive:
substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene;
(b) oxidizing:
substances and preparations which give rise to highly exothermic reaction when in contact with other substances, particularly flammable substances;
(c) extremely flammable:
liquid substances and preparations having a flash point lower than 0 ºC and a boiling point lower than or equal to 35 ºC; (1)OJ No L 194, 15.7.1975, p. 39. (2)OJ No L 84, 31.3.1978, p. 43. (3)OJ No L 147, 9.6.1975, p. 40.
(d) highly flammable: - substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, or
- solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition, or
- liquid substances and preparations having a flash point below 21 ºC, or
- gaseous substances and preparations which are flammable in air at normal pressure, or
- substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities;
(e) flammable:
liquid substances and preparations having a flash point equal to or greater than 21 ºC and less than or equal to 55 ºC;
(f) very toxic:
substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve extremely serious, acute or chronic health risks and even death;
(g) toxic:
substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and even death;
(h) harmful:
substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks;
(i) corrosive:
substances and preparations which may, on contact with living tissues, destroy them;
(j) irritant:
non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation;
(k) dangerous for the environment:
substances and preparations the use of which presents or may present immediate or delayed risks for the environment;
(l) carcinogenic:
substances or preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer in man or increase its incidence;
(m) teratogenic;
(n) mutagenic.
Article 3
1. The physico-chemical properties of the substances and preparations shall be determined according to the methods specified in Annex V (A) ; their toxicity shall be determined according to the methods specified in Annex V (B) and their ecotoxicity according to those specified in Annex V (C).
2. The real or potential environmental hazard shall be assessed according to the characteristics set out in Annexes VII and VIII, on the basis of any existing internationally recognized parameters.
3. The general principles of the classification and labelling of substances and preparations shall be applied according to the criteria in Annex VI, save where contrary requirements for dangerous preparations are specified in separate Directives.
Article 4
1. The classification of dangerous substances according to the degree of hazard and to the specific nature of the risks involved shall be based on the categories laid down in Article 2 (2). For categories (a) to (j) the substances shall be classified according to the greatest degree of hazard, in accordance with Article 16 (4).
2. The dangerous substances listed in Annex I shall, where appropriate, be given a rating enabling the health hazard of preparations to be assessed. The ratings shall be determined in accordance with the criteria established by a subsequent Council Directive.
Article 5
1. The Member Sates shall take all the measures necessary to ensure that without prejudice to Article 8 substances cannot be placed on the market on their own or in preparations unless the substances have been: - notified to the competent authority of one of the Member States in accordance with this Directive,
- packaged and labelled in accordance with Articles 15 to 18 and with the criteria in Annex VI, and in accordance with the results of the tests provided for in Article 6.
2. The measures referred to in the second indent of paragraph 1 shall apply until the substance is listed in Annex I or until a decision not to list it has been taken in accordance with the procedure laid down in Article 21.
Dangerous substances not yet appearing in Annex I but included in the list referred to in Article 13 (1) or already on the market before 18 September 1981 must, in so far as the manufacturer whether or not established in the Community may reasonably be expected to be aware of their dangerous properties, be packaged and provisionally labelled by the manufacturer or his representative in accordance with the rules laid down in Articles 15 to 18 and with the criteria in Annex VI.
Article 6
1. Without prejudice to Articles 1 (4) and 8 (1), any manufacturer or importer into the Community of a substance within the meaning of this Directive shall be required to submit to the competent authority referred to in Article 7 of the Member State in which the substance is produced or into which it is imported into the Community, at the latest 45 days before the substance is placed on the market, a notification including: - a technical dossier supplying the information necessary for evaluating the foreseeable risks, whether immediate or delayed, which the substance may entail for man and the environment, and containing at least the information and results of the studies referred to in Annex VII, together with a detailed and full description of the studies conducted and of the methods used or a bibliographical reference to them,
- a declaration concerning the unfavourable effects of the substance in terms of the various uses envisaged,
- the proposed classification and labelling of the substance in accordance with this Directive,
- proposals for any recommended precautions relating to the safe use of the substance.
2. However, in the case of a substance which has already been notified, the competent authority may agree that the notifier of that substance may, for the purposes of the technical dossier, refer to the results of the studies carried out by one or more previous notifiers, provided the latter have given their agreement in writing.
3. If a substance is already listed in Annex I, the notifier need not present the declaration concerning its unfavourable effects, the proposed classification and the proposals for any recommended precautions relating to safe use. Furthermore, the notifier need not supply the information required for the technical dossier in Annex VII, with the exception of points 1 and 2 of that Annex, if the substance was originally notified at least 10 years previously.
4. Any notifier of a substance already notified shall be required to inform the competent authority of: - changes in the annual or total quantities placed on the market by him in accordance with the tonnage range laid down in Annex VII, point 2.2.1,
- new knowledge of the effects of the substance on man and/or the environment of which he may reasonably be expected to have become aware,
- new uses for which the substance is placed on the market (within the meaning of Annex VII, point 2.1.2) of which he may reasonably be expected to have become aware,
- any change in the properties resulting from a modification of the substance referred to in Annex VII, point 1.3.
5. The notifier shall also be required to inform the competent authority of the results of the studies carried out in accordance with Annex VIII.
Article 7
1. Member States shall appoint the competent authority or authorities responsible for receiving the information provided for in Article 6 and examining its conformity with the requirements of the Directive, and in particular: - the notifier's proposed findings on any foreseeable risks which the substance may entail,
- classification and labelling,
- the proposals for any recommended precautions relating to safe use submitted by the notifier.
Moreover, if it can be shown to be necessary for the evaluation of the hazard which may be caused by a substance, the competent authorities may: - ask for further information and/or verification tests concerning the substances of which they have been notified ; this may also include requesting the information referred to in Annex VIII earlier than provided for therein,
- carry out such sampling as is necessary for control purposes,
- take appropriate measures relating to safe use of a substance pending the introduction of Community provisions.
2. The procedure laid down in Article 21 shall be followed in confirming or amending proposals for: - classification,
- labelling, and
- the recommended precautionary measures provided for in Annex VII, points 2.3, 2.4 and 2.5.
3. Member States and the Commission shall ensure that any information concerning commercial exploitation or manufacturing is kept secret.
Article 8
1. The substances listed below, shall be considered as having been notified within the meaning of this Directive when the following conditions are fulfilled: - polymerizates, polycondensates and polyadducts except those containing in combined form 2 % or more of any monomer unmarketed before 18 September 1981,
- substances for research and analysis purposes, in so far as they are placed on the market for the purpose of determining their properties in accordance with this Directive;
- substances placed on the market for research or analysis purposes in quantities of less than one tonne per year per manufacturer or importer and intended solely for laboratories,
- substances placed on the market in quantities of less than one tonne per year per manufacturer provided that the manufacturer announces their identity, labelling data and quantity to the competent authorities of the Member States where the substances are placed on the market and complies with any conditions imposed by those authorities.
However, substances placed on the market at the research and development stage with a limited number of registered customers, in quantities which are limited to the purpose of the research and development but which amount to more than one tonne per year per manufacturer, shall qualify for exemption for a period of one year, provided that the manufacturer announces their identity, labelling data and quantity to the competent authorities of each Member State where the manufacture, research or development takes place and complies with any conditions imposed by those authorities on such research and development ; after this period, these substances shall be subject to notification. The manufacturer shall also give an assurance that the substance or the preparation in which it is incorporated will be handled by customers' staff only, under controlled conditions, and will not be made available to the public.
2. The substances referred to in paragraph 1 must, in so far as the manufacturer may reasonably be expected to be aware of their dangerous properties, be packaged and provisionally labelled by the manufacturer or his representative in accordance with the rules laid down in Articles 15 to 18 and with the criteria imposed in Annex VI.
If labelling in accordance with the principles set out in Article 16 is not yet possible, the label should bear the warning : "Caution - substance not yet fully tested".
3. Where a substance as referred to in paragraph 1, labelled in accordance with the principles set out in Article 16, is very toxic or toxic, the manufacturer or importer of such a substance must transmit to the competent authority any appropriate information as regards Annex VII, points 2.3, 2.4 and 2.5.
Article 9
When a Member State has received the notification dossier or additional information referred to in Article 6 it shall forthwith send to the Commission a copy of the dossier or a summary thereof together with any relevant comments ; in the case of the further information referred to in Article 7 (1) and the additional information or studies provided for in Annex VIII, the competent authority shall notify the Commission of the tests chosen, the reasons for their choice, and the assessment of their results.
Article 10
1. On receipt of the copy of the notification dossier, the summary thereof or the additional information sent by a Member State, the Commission shall forward: - the notification dossier or the summary thereof to the other Member States,
- any other relevant information it has collected pursuant to this Directive to all Member States.
2. The competent authority of any Member State may consult direct the competent authority which received the original notification, or the Commission, on specific details of the data contained in the dossier required under this Directive ; it may also suggest that further tests or information be requested. If the competent authority which received the original notification fails to comply with the suggestions of other authorities regarding further information or amendments in the study programmes provided for in Annex VIII, it shall give its reasons to the other authorities concerned. Should it not be possible for the authorities concerned to reach agreement and should any one authority feel, on the basis of detailed reasons, that additional information or amendments in the study programmes are nevertheless really necessary to protect man and the environment, it may ask the Commission to take a decision in accordance with the procedure laid down in Article 21.
Article 11
1. If he considers that there is a confidentiality problem, the notifier may indicate the information provided for in Article 6 which he considers to be commercially sensitive and disclosure of which might harm him industrially or commercially, and which he therefore wishes to be kept secret from all persons other than the competent authorities and the Commission. Full justification must be given in such cases.
Industrial and commercial secrecy shall not apply to: - the trade name of the substance,
- physico-chemical data concerning the substance in connection with Annex VII, point 3,
- the possible ways of rendering the substance harmless,
- the interpretation of the toxicological and ecotoxicological tests and the name of the body responsible for the tests,
- the recommended methods and precautions referred to in Annex VII, point 2.3 and the emergency measures referred to in Annex VII, points 2.4 and 2.5.
If the notifier himself subsequently discloses previously confidential information, he shall be required to inform the competent authority accordingly.
2. The authority receiving the notification shall decide on its own responsibility which information is covered by industrial and commercial secrecy in accordance with paragraph 1.
3. The name of a substance appearing in the list provided for in Article 13 (2) may be included in encoded form where the competent authority to which the notification has been submitted so requests because of the confidentiality problems to which publication of the name of the substance would give rise, provided that the substance is not classified as dangerous.
A substance may be included in the list in encoded form for no longer than three years.
4. Confidential information brought to the attention either of the Commission or of a Member State shall be kept secret.
In all cases such information - may be brought to the attention only of the authorities whose responsibilities are specified in Article 7 (1),
- may, however, when administrative or legal proceedings involving sanctions are undertaken for the purpose of controlling substances placed on the market, be divulged to persons directly involved in such proceedings.
This Article and Article 12 shall not oblige a Member State whose legislation or administrative practices impose stricter limits for the protection of industrial and commercial secrecy than those laid down in these Articles to supply information, where the State concerned does not take steps to comply with these stricter limits.
Article 12
The data supplied in accordance with Articles 9 and 10 (1) may be forwarded to the Commission and the Member States in summary form.
In such cases and in the context of Article 10 (2), the competent authorities of a Member State and the Commission shall have access to the notification dossier and the additional information at all times.
Article 13
1. The Commission shall, on the basis in particular of information provided by the Member States, draw up an inventory of substances on the Community market by 18 September 1981.
In so doing it shall have regard to Articles 1 (4) and 8.
The inventory shall give the chemical name under an internationally recognized chemical nomenclature (preferably IUPAC), the CAS number and the common name or ISO abbreviation, if any.
2. The Commission shall keep a list of all substances notified under this Directive.
3. The information and the form in which it is recorded in the list and the inventory, together with the criteria covering the provision to the Commission by the Member States of information relating to the inventory, shall be determined in accordance with the procedure laid down in Article 21.
Article 14
Annex I contains the list of substances classified in accordance with Article 4 and any recommendations relating to safe use.
Article 15
1. Member States shall take all necessary measures to ensure that dangerous substances cannot be placed on the market unless their packaging satisfies the following requirements: (a) it shall be so designed and constructed that its contents cannot escape ; this requirement shall not apply where special safety devices are prescribed;
(b) the materials constituting the packaging and fastenings must not be susceptible to adverse attack by the contents, or liable to form harmful or dangerous compounds with the contents;
(c) packaging and fastenings must be strong and solid throughout to ensure that they will not loosen and will safely meet the normal stresses and strains of handling;
(d) containers fitted with replaceable fastening devices shall be so designed that the packaging can be repeatedly refastened without the contents escaping.
2. The Member States may also prescribe that: - packages shall initially be closed with a seal in such a way that when the package is opened for the first time the seal is irreparably damaged,
- containers with a capacity not exceeding three litres which contain dangerous substances intended for domestic use shall have child-resistant fastenings,
- containers with a capacity not exceeding one litre which contain very toxic, toxic or corrosive liquids intended for domestic use shall carry a tactile warning of danger.
3. Any technical specifications which may be necessary with regard to the devices referred to in paragraph 2 shall be adopted by the procedure in Article 21 and shall be given in Annex IX, in particular: - in Annex IX (A) relating to child-resistant fastenings,
- in Annex IX (B) relating to tactile warnings of danger.
Article 16
1. Member States shall take all necessary measures to ensure that dangerous substances cannot be placed on the market unless the labelling on their packaging satisfies the following requirements.
2. Every package shall show clearly and indelibly the following: - the name of the substance,
- the origin of the substance,
- the danger symbol, when laid down, and indication of danger involved in the use of the substance,
- standard phrases indicating the special risks arising from such dangers,
- standard phrases indicating the safety advice relating to the use of the substance. (a) The name of the substance shall be one of the terms listed in Annex I ; if this is not the case the name must be given in accordance with internationally recognized nomenclature.
(b) The indication of origin shall include the name and address of the manufacturer, the distributor or the importer.
(c) The following symbols and indications of danger are to be used: - explosive:
an exploding bomb (E)
- oxidizing:
a flame over a circle (O)
- extremely flammable:
a flame (F)
- highly flammable:
a flame (F)
- very toxic:
a skull and cross-bones (T)
- toxic:
a skull and cross-bones (T)
- harmful:
a St Andrew's cross (Xn)
- corrosive:
the symbol showing the damaging effect of an acid (C)
- irritant:
a St Andrew's cross (Xi)
The symbols must conform to those in Annex II ; they shall be printed in black on an orange-yellow background.
(d) The special risks involved in using the substances shall be indicated by one or more of the standard phrases which, in accordance with the references contained in the list in Annex I, are set out in Annex III. In the case of a substance not listed in Annex I, the reference to the special risks attributed to the dangerous substances shall comply with appropriate indications given in Annex III.
The phrases "extremely flammable" or "highly flammable" need not be indicated where they repeat the wording of an indication of danger used in accordance with (c) above.
(e) The safety advice relating to the use of the substances shall be indicated by standard phrases which, in accordance with the references contained in the list in Annex I, are set out in Annex IV.
The packaging shall be accompanied by the safety advice required by the above paragraph where it is materially impossible for this to be given on the label or package itself.
In the case of a substance not listed in Annex I, the safety advice relating to the dangerous substances shall comply with appropriate indications given in Annex IV.
(f) Indications such as "non-toxic", "non-harmful" or any other similar indications must not appear on the label or packaging of substances subject to this Directive.
3. In the case of irritant, highly flammable, flammable and oxidizing substances, an indication of special risks and safety advice need not be given where the package does not contain more than 125 ml. This shall also apply in the case of the same volume of harmful substances not retailed to the general public.
4. When more than one danger symbol is assigned to a substance: - the obligation to indicate the symbol T makes the symbols X and C optional, unless Annex I includes provision to the contrary,
- the obligation to indicate the symbol C makes the symbol X optional,
- the obligation to indicate the symbol E makes the symbols F and O optional.
Article 17
1. Where the particulars required by Article 16 appear on a label, that label shall be firmly affixed to one or more surfaces of the packaging so that these particulars can be read horizontally when the package is set down normally. The dimensions of the label shall be as follows: >PIC FILE= "T0015278">
Each symbol shall cover at least one tenth of the surface area of the label but not be less than 1 cm2. The entire surface of the label shall adhere to the package immediately containing the substance.
These dimensions are intended solely for provision of the information required by this Directive and if necessary of any supplementary health or safety indications.
2. A label is not required where the particulars are clearly shown on the package itself, as specified in paragraph 1.
3. The colour and presentation of the label - or, in the case of paragraph 2, of the package - shall be such that the danger symbol and its background stand out clearly from it.
4. Member States may make the placing on the market of dangerous substances in their territories subject to the use of the official language or languages in respect of the labelling thereof.
5. For the purpose of this Directive, labelling requirements shall be deemed to be satisfied: (a) in the case of an outer package containing one or more inner packages, if the outer package is labelled in accordance with international rules on the transport of dangerous substances and the inner package or packages are labelled in accordance with this Directive;
(b) in the case of a single package, if such a package is labelled in accordance with international rules on the transport of dangerous substances and with Article 16 (2) (a), (b), (d) and (e).
Where dangerous substances do not leave the territory of a Member State, labelling may be permitted which complies with national rules instead of with international rules on the transport of dangerous substances.
Article 18
1. Member States may: (a) permit the labelling required by Article 16 to be applied in some other appropriate manner on packages which are either too small or otherwise unsuitable for labelling in accordance with Article 17 (1) and (2);
(b) by way of derogation from Articles 16 and 17 permit the packaging of dangerous substances which are neither explosive, very toxic nor toxic to be unlabelled or to be labelled in some other way if they contain such small quantities that there is no reason to fear any danger to persons handling such substances or other persons.
2. If a Member State makes use of the options provided for in paragraph 1, it shall forthwith inform the Commission thereof.
Article 19
The amendments necessary for adapting the Annexes, other than Annex VI, Part I and Annexes VII and VIII, to technical progress, shall be adopted in accordance with the procedure laid down in Article 21.
Article 20
1. A Committee (hereinafter called "the Committee") is hereby set up to adapt to technical progress the Directives concerning the elimination of technical barriers to trade in dangerous substances and preparations. It shall consist of representatives of the Member States, with a Commission representative as chairman.
2. The Committee shall adopt its own rules of procedure.
Article 21
1. Where reference is made to the procedure laid down in this Article, the matter shall be referred to the Committee by its chairman, either on his own initiative or at the request of the representative of a Member State.
2. The Commission representative shall submit a draft of the measures to be adopted to the Committee. The Committee shall give its view of the draft within a time limit set by the chairman having regard to the urgency of the matter. Decisions shall be taken by a majority of 41 votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.
3. (a) The Commission shall adopt the proposed measures if they are in accordance with the opinion of the Committee;
(b) If the proposed measures are not in accordance with the opinion of the Committee, or if no opinion has been stated, the Commission shall without delay submit a proposal to the Council concerning the measures to be adopted. The Council shall act by a qualified majority;
(c) If the Council has not acted within three months of the proposal being submitted to it, the proposed measures shall be adopted by the Commission.
Article 22
The Member States may not, on grounds relating to notification, classification, packaging or labelling within the meaning of this Directive, prohibit, restrict or impede the placing on the market of substances which comply with the requirements of this Directive and the Annexes thereto.
Article 23
1. Where a Member State has detailed evidence that a substance, although satisfying the requirements of this Directive, constitutes a hazard for man or the environment by reason of its classification packaging or labelling, it may provisionally prohibit the sale of that substance or subject it to special conditions in its territory. It shall immediately inform the Commission and the other Member States of such action and give reasons for its decision.
2. The Commission shall consult the Member States concerned within six weeks, then give its view without delay and take the appropriate measures.
3. If the Commission considers that technical adaptations to this Directive are necessary, such adaptations shall be adopted, either by the Commission or by the Council, in accordance with the procedure laid down in Article 21 ; in such case, the Member State which has adopted safeguard measures may maintain them until the adaptations enter into force."
Article 2
Articles 9, 10 and 11 of Directive 67/548/EEC hereby become Articles 24, 25 and 26.
Article 3
Annex V to Directive 67/548/EEC is hereby replaced by Annexes V to IX to this Directive.
Article 4
The following amendments shall be made to the Directives listed below: (a) Directive 73/173/EEC: - replace "Article 6" by "Article 16" in Article 5 (2) (c),
- replace "Article 8c" by "Article 21" in Articles 9 (2) and 10;
(b) Directive 77/728/EEC: - replace "Article 6" by "Article 16" in Article 6 (2) (c),
- replace "Article 8c" by "Article 21" in Articles 10 (3) and 11;
(c) Directive 78/631/EEC: - replace "Article 6" by "Article 16" in Article 6 (2) (g),
- replace "Article 8c" by "Article 21" in Articles 10 (3) and 11.
Article 5
1. No later than 18 September 1981 the Member States shall implement the laws, regulations and administrative provisions necessary to comply with Articles 1 to 4, Article 5 (1) and Articles 6 to 14 of Directive 67/548/EEC as amended by this Directive and shall inform the Commission thereof. No later than 18 September 1983 they shall implement the laws, regulations and administrative provisions necessary to comply with Article 5 (2) of Directive 67/548/EEC as amended by this Directive and shall inform the Commission thereof.
2. No later than 18 September 1981 the Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with Articles 15 to 23 of Directive 67/548/EEC as amended by this Directive, which shall enter into force on 18 September 1981.
3. During the transitional period, when this Directive is not yet in force in certain Member States, the forwarding of the notification dossier and any other information collected by the Commission as provided for in Article 10 (1) of Directive 67/548/EEC as amended by this Directive shall be effective in the case of only those Member States in which the provisions of Articles 5 to 8 of Directive 67/548/EEC as amended by this Directive, relating to notification, are being applied.
Article 6
This Directive is addressed to the Member States. | [
"UKSI19852042"
] |
31979L0923 | 1979 | Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 100 AND 235 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ),
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ),
WHEREAS THE PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT NECESSITATE CONCRETE MEASURES TO PROTECT WATERS , INCLUDING SHELLFISH WATERS , AGAINST POLLUTION ;
WHEREAS IT IS NECESSARY TO SAFEGUARD CERTAIN SHELLFISH POPULATIONS FROM VARIOUS HARMFUL CONSEQUENCES , RESULTING FROM THE DISCHARGE OF POLLUTANT SUBSTANCES INTO THE SEA ;
WHEREAS THE PROGRAMMES OF ACTION OF THE EUROPEAN COMMUNITIES ON THE ENVIRONMENT OF 1973 ( 4 ) AND 1977 ( 5 ) PROVIDE THAT QUALITY OBJECTIVES ARE TO BE JOINTLY DRAWN UP FIXING THE VARIOUS REQUIREMENTS WHICH AN ENVIRONMENT MUST MEET , INTER ALIA THE DEFINITION OF PARAMETERS FOR WATER , INCLUDING SHELLFISH WATERS ;
WHEREAS DIFFERENCES BETWEEN THE PROVISIONS ALREADY IN FORCE OR IN PREPARATION IN THE VARIOUS MEMBER STATES AS REGARDS THE QUALITY REQUIRED OF SHELLFISH WATERS MAY CREATE UNEQUAL CONDITIONS OF COMPETITION AND THUS DIRECTLY AFFECT THE FUNCTIONING OF THE COMMON MARKET ; WHEREAS LAWS IN THIS FIELD SHOULD THEREFORE BE APPROXIMATED AS PROVIDED FOR BY ARTICLE 100 OF THE TREATY ;
WHEREAS IT IS NECESSARY TO COUPLE THIS APPROXIMATION OF LAWS WITH COMMUNITY ACTION AIMING TO ACHIEVE , BY MEANS OF WIDER-RANGING PROVISIONS , ONE OF THE COMMUNITY ' S OBJECTIVES IN THE FIELD OF ENVIRONMENTAL PROTECTION AND THE IMPROVEMENT OF THE QUALITY OF LIFE ; WHEREAS CERTAIN SPECIFIC PROVISIONS MUST BE LAID DOWN IN THIS CONNECTION ; WHEREAS , SINCE THE SPECIFIC POWERS OF ACTION REQUIRED TO THIS END HAVE NOT BEEN PROVIDED FOR IN THE TREATY , IT IS NECESSARY TO INVOKE ARTICLE 235 THEREOF ;
WHEREAS , IN ORDER TO ATTAIN THE OBJECTIVES OF THE DIRECTIVE , THE MEMBER STATES WILL HAVE TO DESIGNATE THE WATERS TO WHICH IT WILL APPLY AND WILL HAVE TO SET LIMIT VALUES CORRESPONDING TO CERTAIN PARAMETERS ; WHEREAS THE WATERS SO DESIGNATED WILL HAVE TO CONFORM TO THESE VALUES WITHIN SIX YEARS OF DESIGNATION ;
WHEREAS FOR THE PURPOSE OF CHECKING THE QUALITY REQUIRED OF SHELLFISH WATERS , A MINIMUM NUMBER OF SAMPLES SHOULD BE TAKEN AND THE MEASUREMENTS RELATING TO PARAMETERS SET OUT IN THE ANNEX SHOULD BE CARRIED OUT ; WHEREAS SUCH SAMPLING MAY BE REDUCED OR DISCONTINUED IN THE LIGHT OF THE RESULTS OF THE MEASUREMENTS ;
WHEREAS CERTAIN NATURAL CIRCUMSTANCES ARE BEYOND THE CONTROL OF THE MEMBER STATES AND IT IS THEREFORE NECESSARY TO PROVIDE FOR THE POSSIBILITY OF DEROGATING FROM THIS DIRECTIVE IN CERTAIN CASES ;
WHEREAS TECHNICAL AND SCIENTIFIC PROGRESS MAY MAKE NECESSARY THE RAPID ADAPTATION OF SOME OF THE REQUIREMENTS LAID DOWN IN THE ANNEXES ; WHEREAS , IN ORDER TO FACILITATE THE INTRODUCTION OF THE MEASURES REQUIRED FOR THIS PURPOSE , A PROCEDURE SHOULD BE LAID DOWN ESTABLISHING CLOSE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION ; WHEREAS SUCH COOPERATION SHOULD TAKE PLACE IN THE COMMITTEE ON ADAPTATION TO TECHNICAL AND SCIENTIFIC PROGRESS SET UP BY ARTICLE 13 OF THE COUNCIL DIRECTIVE 78/659/EEC OF 18 JULY 1978 ON THE QUALITY OF FRESH WATERS NEEDING PROTECTION OR IMPROVEMENT IN ORDER TO SUPPORT FISH LIFE ( 6 );
WHEREAS THIS DIRECTIVE CANNOT , BY ITSELF , ENSURE PROTECTION OF CONSUMERS OF SHELLFISH PRODUCTS ; WHEREAS PROPOSALS TO THIS END SHOULD THEREFORE BE SUBMITTED BY THE COMMISSION AS SOON AS POSSIBLE ,
ARTICLE 1
THIS DIRECTIVE CONCERNS THE QUALITY OF SHELLFISH WATERS AND APPLIES TO THOSE COASTAL AND BRACKISH WATERS DESIGNATED BY THE MEMBER STATES AS NEEDING PROTECTION OR IMPROVEMENT IN ORDER TO SUPPORT SHELLFISH ( BIVALVE AND GASTEROPOD MOLLUSCS ) LIFE AND GROWTH AND THUS TO CONTRIBUTE TO THE HIGH QUALITY OF SHELLFISH PRODUCTS DIRECTLY EDIBLE BY MAN .
ARTICLE 2
THE PARAMETERS APPLICABLE TO THE WATERS DESIGNATED BY THE MEMBER STATES ARE LISTED IN THE ANNEX .
ARTICLE 3
1 . MEMBER STATES SHALL , FOR THE DESIGNATED WATERS , SET VALUES FOR THE PARAMETERS LISTED IN THE ANNEX , IN SO FAR AS VALUES ARE GIVEN IN COLUMN G OR IN COLUMN I . THEY SHALL COMPLY WITH THE COMMENTS CONTAINED IN BOTH COLUMNS .
2 . MEMBER STATES SHALL NOT SET VALUES LESS STRINGENT THAN THOSE GIVEN IN COLUMN I OF THE ANNEX AND SHALL ENDEAVOUR TO OBSERVE THE VALUES IN COLUMN G , WHILE TAKING INTO ACCOUNT THE PRINCIPLE SET OUT IN ARTICLE 8 .
3 . FOR DISCHARGES OF EFFLUENTS FALLING WITHIN PARAMETERS ' ORGANOHALOGENATED SUBSTANCES ' AND ' METALS ' , THE EMISSION STANDARDS LAID DOWN BY THE MEMBER STATES PURSUANT TO COUNCIL DIRECTIVE 76/464/EEC OF 4 MAY 1976 ON POLLUTION CAUSED BY CERTAIN DANGEROUS SUBSTANCES DISCHARGED INTO THE AQUATIC ENVIRONMENT OF THE COMMUNITY ( 1 ) SHALL BE APPLIED AT THE SAME TIME AS THE QUALITY OBJECTIVES AND THE OTHER OBLIGATIONS ARISING FROM THIS DIRECTIVE , IN PARTICULAR THOSE RELATING TO SAMPLING .
ARTICLE 4
1 . MEMBER STATES SHALL , INITIALLY WITHIN A TWO-YEAR PERIOD FOLLOWING THE NOTIFICATION OF THIS DIRECTIVE , DESIGNATE SHELLFISH WATERS .
2 . MEMBER STATES MAY SUBSEQUENTLY MAKE ADDITIONAL DESIGNATIONS .
3 . MEMBER STATES MAY REVISE THE DESIGNATION OF CERTAIN WATERS OWING IN PARTICULAR TO FACTORS UNFORESEEN AT THE TIME OF DESIGNATION , TAKING INTO ACCOUNT THE PRINCIPLE SET OUT IN ARTICLE 8 .
ARTICLE 5
MEMBER STATES SHALL ESTABLISH PROGRAMMES IN ORDER TO REDUCE POLLUTION AND TO ENSURE THAT DESIGNATED WATERS CONFORM , WITHIN SIX YEARS FOLLOWING DESIGNATION IN ACCORDANCE WITH ARTICLE 4 , TO BOTH THE VALUES SET BY THE MEMBER STATES IN ACCORDANCE WITH ARTICLE 3 AND THE COMMENTS CONTAINED IN COLUMNS G AND I OF THE ANNEX .
ARTICLE 6
1 . FOR THE PURPOSES OF IMPLEMENTING ARTICLE 5 , THE DESIGNATED WATERS SHALL BE DEEMED TO CONFORM TO THE PROVISIONS OF THIS DIRECTIVE IF SAMPLES OF SUCH WATERS , TAKEN AT THE MINIMUM FREQUENCY SPECIFIED IN THE ANNEX , AT THE SAME SAMPLING POINT AND OVER A PERIOD OF 12 MONTHS , SHOW THAT THEY CONFORM TO BOTH THE VALUES SET BY THE MEMBER STATES IN ACCORDANCE WITH ARTICLE 3 AND THE COMMENTS CONTAINED IN COLUMNS G AND I OF THE ANNEX , AS REGARDS :
- 100 % OF THE SAMPLES FOR THE PARAMETERS ' ORGANOHALOGENATED SUBSTANCES ' AND ' METALS ' ;
- 95 % OF THE SAMPLES FOR THE PARAMETERS ' SALINITY ' AND ' DISSOLVED OXYGEN ' ;
- 75 % OF THE SAMPLES FOR THE OTHER PARAMETERS LISTED IN THE ANNEX .
IF , IN ACCORDANCE WITH ARTICLE 7 ( 2 ), THE SAMPLING FREQUENCY FOR ALL THE PARAMETERS IN THE ANNEX EXCEPT ' ORGANOHALOGENATED SUBSTANCES ' AND ' METALS ' IS LOWER THAN THAT INDICATED IN THE ANNEX , THE ABOVEMENTIONED VALUES AND COMMENTS SHALL BE COMPLIED WITH IN THE CASE OF ALL THE SAMPLES .
2 . INSTANCES IN WHICH THE VALUES SET BY MEMBER STATES IN ACCORDANCE WITH ARTICLE 3 OR THE COMMENTS CONTAINED IN COLUMNS G AND I OF THE ANNEX ARE NOT RESPECTED SHALL NOT BE TAKEN INTO CONSIDERATION IN THE CALCULATION OF THE PERCENTAGES PROVIDED FOR IN PARAGRAPH 1 WHEN IT IS THE RESULT OF A DISASTER .
ARTICLE 7
1 . THE COMPETENT AUTHORITIES IN THE MEMBER STATES SHALL CARRY OUT SAMPLING OPERATIONS , THE MINIMUM FREQUENCY OF WHICH IS LAID DOWN IN THE ANNEX .
2 . WHERE THE COMPETENT AUTHORITY RECORDS THAT THE QUALITY OF DESIGNATED WATERS IS APPRECIABLY HIGHER THAN THAT WHICH WOULD RESULT FROM THE APPLICATION OF THE VALUES SET IN ACCORDANCE WITH ARTICLE 3 AND THE COMMENTS CONTAINED IN COLUMNS G AND I OF THE ANNEX , THE FREQUENCY OF THE SAMPLING MAY BE REDUCED . WHERE THERE IS NO POLLUTION AND NO RISK OF DETERIORATION IN THE QUALITY OF THE WATERS , THE COMPETENT AUTHORITY CONCERNED MAY DECIDE THAT NO SAMPLING IS NECESSARY .
3 . IF SAMPLING SHOWS THAT A VALUE SET IN ACCORDANCE WITH ARTICLE 3 OR A COMMENT CONTAINED IN COLUMNS G OR I OF THE ANNEX IS NOT RESPECTED , THE COMPETENT AUTHORITY SHALL ESTABLISH WHETHER THIS IS THE RESULT OF CHANCE , A NATURAL PHENOMENON OR POLLUTION AND SHALL ADOPT APPROPRIATE MEASURES .
4 . THE EXACT SAMPLING POINT , THE DISTANCE FROM THIS POINT TO THE NEAREST POINT WHERE POLLUTANTS ARE DISCHARGED AND THE DEPTH AT WHICH THE SAMPLES ARE TO BE TAKEN SHALL BE FIXED BY THE COMPETENT AUTHORITY OF EACH MEMBER STATE ON THE BASIS OF LOCAL ENVIRONMENTAL CONDITIONS IN PARTICULAR .
5 . THE REFERENCE METHODS OF ANALYSIS TO BE USED FOR CALCULATING THE VALUE OF THE PARAMETERS CONCERNED ARE SET OUT IN THE ANNEX . LABORATORIES WHICH EMPLOY OTHER METHODS SHALL ENSURE THAT THE RESULTS OBTAINED ARE EQUIVALENT OR COMPARABLE TO THOSE SPECIFIED IN THE ANNEX .
ARTICLE 8
IMPLEMENTATION OF THE MEASURES TAKEN PURSUANT TO THIS DIRECTIVE MAY ON NO ACCOUNT LEAD , EITHER DIRECTLY OR INDIRECTLY , TO INCREASED POLLUTION OF COASTAL AND BRACKISH WATERS .
ARTICLE 9
MEMBER STATES MAY AT ANY TIME SET MORE STRINGENT VALUES FOR DESIGNATED WATERS THAN THOSE LAID DOWN IN THIS DIRECTIVE . THEY MAY ALSO LAY DOWN PROVISIONS RELATING TO OTHER PARAMETERS THAN THOSE PROVIDED FOR IN THIS DIRECTIVE .
ARTICLE 10
WHERE A MEMBER STATE CONSIDERS DESIGNATING SHELLFISH WATERS IN THE IMMEDIATE VICINITY OF A FRONTIER WITH ANOTHER MEMBER STATE , THESE STATES SHALL CONSULT EACH OTHER IN ORDER TO DETERMINE THE STRETCHES OF SUCH WATERS TO WHICH THIS DIRECTIVE MIGHT APPLY AND THE CONSEQUENCES TO BE DRAWN FROM THE COMMON QUALITY OBJECTIVES ; THESE CONSEQUENCES SHALL BE DETERMINED , AFTER FORMAL CONSULTATIONS , BY EACH STATE CONCERNED . THE COMMISSION MAY PARTICIPATE IN THESE DELIBERATIONS .
ARTICLE 11
THE MEMBER STATES MAY DEROGATE FROM THIS DIRECTIVE IN THE EVENT OF EXCEPTIONAL WEATHER OR GEOGRAPHICAL CONDITIONS .
ARTICLE 12
SUCH AMENDMENTS AS ARE NECESSARY FOR ADAPTING TO TECHNICAL AND SCIENTIFIC PROGRESS THE G VALUES FOR THE PARAMETERS AND THE METHODS OF ANALYSIS CONTAINED IN THE ANNEX SHALL BE ADOPTED BY THE COMMITTEE SET UP BY ARTICLE 13 OF DIRECTIVE 78/659/EEC IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 THEREOF .
ARTICLE 13
FOR THE PURPOSE OF APPLYING THIS DIRECTIVE , MEMBER STATES SHALL PROVIDE THE COMMISSION WITH INFORMATION CONCERNING :
- THE WATERS DESIGNATED IN ACCORDANCE WITH ARTICLE 4 ( 1 ) AND ( 2 ), IN SUMMARY FORM ,
- THE REVISION OF THE DESIGNATION OF CERTAIN WATERS IN ACCORDANCE WITH ARTICLE 4 ( 3 ),
- THE PROVISIONS LAID DOWN IN ORDER TO ESTABLISH NEW PARAMETERS IN ACCORDANCE WITH ARTICLE 9 .
WHERE A MEMBER STATE APPLIES THE PROVISIONS OF ARTICLE 11 , IT SHALL FORTHWITH NOTIFY THE COMMISSION THEREOF , STATING ITS REASONS AND THE PERIODS ANTICIPATED .
MORE GENERALLY , MEMBER STATES SHALL PROVIDE THE COMMISSION , ON A REASONED REQUEST FROM THE LATTER , WITH ANY INFORMATION NECESSARY FOR THE APPLICATION OF THIS DIRECTIVE .
ARTICLE 14
1 . MEMBER STATES SHALL , SIX YEARS FOLLOWING THE INITIAL DESIGNATION IN ACCORDANCE WITH ARTICLE 4 ( 1 ), AND AT REGULAR INTERVALS THEREAFTER , SUBMIT A DETAILED REPORT TO THE COMMISSION ON DESIGNATED WATERS AND THE BASIC FEATURES THEREOF .
2 . THE COMMISSION SHALL , WITH THE PRIOR CONSENT OF THE MEMBER STATE , PUBLISH THE INFORMATION OBTAINED .
ARTICLE 15
1 . MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE WITHIN TWO YEARS OF ITS NOTIFICATION . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .
2 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION THE TEXTS OF THE MAIN PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD GOVERNED BY THIS DIRECTIVE .
ARTICLE 16
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES . | [
"UKSI19971332",
"UKPGA19740040"
] |
31979L1066 | 1979 | First Commission Directive 79/1066/EEC of 13 November 1979 laying down Community methods of analysis for testing coffee extracts and chicory extracts
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 77/436/EEC of 27 June 1977 on the approximation of the laws of the Member States relating to coffee extracts and chicory extracts (1), and in particular Article 8 thereof,
Whereas under Article 8 of Directive 77/436/EEC, the composition and characteristics of coffee extracts and chicory extract are required to be checked according to Community methods of analysis;
Whereas a first series of methods for which studies are completed should now be adopted;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,
Article 1
Member States shall take all measures necessary to ensure that the analyses necessary for the verification of the criteria set out in Annex I are carried out in accordance with the methods described in Annex II.
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 18 months of its notification. They shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States. | [
"UKSI20003323"
] |
31980L0233 | 1979 | Commission Directive 80/233/EEC of 21 November 1979 adapting to technical progress Council Directive 76/756/EEC on the approximation of the laws of the Member States relating to the installation of the lighting and light-signalling devices on motor vehicles and their trailers
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers (1), as last amended by Directive 78/547/EEC (2), and in particular Articles 11, 12 and 13 thereof,
Having regard to Council Directive 76/756/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers (3),
Whereas in the light of the experience gained and the present state of the art it is now possible to amplify certain requirements and bring them more into line with actual test conditions;
Whereas these amendments are to be followed by further amendments at present being examined, the effect of which will be to render certain requirements more stringent with a view to increasing the safety both of the occupants of the vehicles and of other road users;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the Adaptation to Technical Progress of Directives for the Removal of Technical Barriers to Trade in Motor Vehicles,
Article 1
Directive 76/756/EEC is hereby amended as follows: 1. Articles 2 and 3 are replaced by a new Article 2 as follows:
"Article 2
1. With effect from 1 May 1980, no Member State may, on grounds relating to the installation of the lighting and light-signalling devices, whether mandatory or optional, listed in items 1.5.7 to 1.5.20 of Annex I: - refuse, in respect of a type of vehicle, to grant EEC type approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type approval, or
- prohibit the entry into service of vehicles,
if the installation of the said lighting and light-signalling devices on this type of vehicle or on these vehicles complies with the provisions of this Directive.
2. With effect from 1 January 1981, Member States: - may no longer issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle in (1)OJ No L 42, 23.2.1970, p. 1. (2)OJ No L 168, 26.6.1978, p. 39. (3)OJ No L 262, 27.9.1976, p. 1. which the installation of the said lighting and light-signalling devices does not comply with the provisions of this Directive,
- may refuse to grant national type approval in respect of a type of vehicle in which the installation of the said lighting and light-signalling devices does not comply with the provisions of this Directive.
3. With effect from 1 October 1982, Member States may prohibit the entry into service of vehicles in respect of which a certificate pursuant to Article 10 of Directive 70/156/EEC concerning the installation of the said lighting and light-signalling devices was issued after 1 October 1979, where the installation of these devices does not comply with the provisions of this Directive."
2. Articles 4, 5, 6 and 7 become Articles 3, 4, 5 and 6 respectively.
3. Annexes I and II are amended in accordance with the Annex to this Directive.
Article 2
Member States shall bring into force the provisions necessary in order to comply with this Directive by 30 April 1980 and shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States. | [
"UKSI19801182"
] |
31979L1070 | 1979 | Council Directive 79/1070/EEC of 6 December 1979 amending Directive 77/799/EEC concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the practice of tax evasion and tax avoidance leads to budget losses and to violations of the principle of fair taxation and jeopardizes healthy competition ; whereas this therefore affects adversely the smooth running of the common market;
Whereas, in order to combat this practice more effectively, cooperation between tax administrations within the Community should be strengthened in accordance with common principles and rules;
Whereas, on 19 December 1977, the Council adopted Directive 77/799/EEC concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation (3) ; whereas such mutual assistance should be extended to cover indirect taxes in order to ensure that these are correctly assessed and collected;
Whereas, as a matter of particular urgency, mutual assistance must be extended to cover value added tax, both because it is a general tax on consumption and because it plays an important part in the Community's own resources system;
Whereas the provisions of Directive 77/799/EEC are also suitable for value added tax, subject to certain amendments and additions ; whereas it is therefore sufficient to extend the scope of the said Directive,
Article 1
Directive 77/799/EEC is hereby amended as follows: 1. The title shall be replaced by the following:
"Council Directive of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the fields of direct taxation and value added tax."
2. In Article 1: (a) Paragraph 1 shall be amended as follows:
"1. In accordance with the provisions of this Directive the competent authorities of the Member States shall exchange any information that may enable them to effect a correct assessment of taxes on income and capital and also of value added tax." (1)OJ No C 182, 31.7.1978, p. 46. (2)OJ No C 283, 27.11.1978, p. 28. (3)OJ No L 336, 27.12.1977, p. 15.
(b) Paragraph 5, as regards the United Kingdom, shall be replaced by the following:
"in the United Kingdom: - The Commissioners of Customs and Excise or an authorized representative for information required solely for the purposes of value added tax,
- The Commissioners of Inland Revenue or an authorized representative for all other information."
Article 2
Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 1 January 1981.
Article 3
This Directive is addressed to the Member States. | [
"UKPGA19800048"
] |
31979L1071 | 1979 | Council Directive 79/1071/EEC of 6 December 1979 amending Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing of the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas it is not at present possible, in principle, to enforce in one Member State a claim for recovery in respect of value added tax substantiated by a document drawn up by the authorities of another Member State;
Whereas the fact that national provisions relating to recovery of value added tax are applicable only within national territories is in itself an obstacle to the establishment and functioning of the common market ; whereas it is therefore necessary to adopt common rules on mutual assistance between Member States for the purpose of recovery ; whereas those rules must also apply to the recovery of interest and costs incidental to claims;
Whereas the Council has, by Directive 76/308/EEC (3), adopted common rules for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and
Guarantee Fund, and of agricultural levies and customs duties;
Whereas it is possible to have recourse to the same rules for tax purposes ; whereas it is sufficient, therefore, to extend the scope of Directive 76/308/EEC,
Article 1
The title of Council Directive 76/308/EEC shall be amended to read as follows:
"Council Directive of 15 March 1976 on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties, and in respect of value added tax."
Article 2
Article 2 of Directive 76/308/EEC shall be amended as follows: (a) letter "d" shall be repaced by "e";
(b) the following point "(d)" shall be inserted after point "(c)":
"(d) value added tax."
Article 3
Member States shall take the measures necessary to comply with this Directive by 1 January 1981.
Article 4
This Directive is addressed to the Member States. | [
"UKPGA19800048"
] |
31980L0068 | 1979 | Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas there is an urgent need for action to protect the groundwater of the Community from pollution, particularly that caused by certain toxic, persistent and bioaccumulable substances;
Whereas the 1973 programme of action of the European Communities on the environment (4), supplemented by that of 1977 (5), provides for a number of measures to protect groundwater from certain pollutants;
Whereas Article 4 of Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (6) provides for the implementation of a separate Directive on groundwater;
Whereas any disparity between the provisions on the discharge of certain dangerous substances into groundwater already applicable or in preparation in the Member States may create unequal conditions of competition and thus directly affect the functioning of the common market ; whereas it is therefore necessary to approximate laws in this field, as provided for in Article 100 of the Treaty;
Whereas it is necessary for this approximation of laws to be accompanied by Community action in the sphere of environmental protection and improvement of the quality of life ; whereas certain specific provisions to this effect should therefore be laid down ; whereas Article 235 of the Treaty should be invoked as the requisite powers have not been provided for by the Treaty;
Whereas the following should be excluded from the scope of this Directive : domestic effluent from certain isolated dwellings and discharges containing substances in lists I or II in very small quantities and concentrations, on account of the low risk of pollution and the difficulty of controlling the discharge of such effluent ; whereas discharges of matter containing radioactive substances, which will be dealt with in a specific Community instrument, should also be excluded; (1)OJ No C 37, 14.2.1978, p. 3. (2)OJ No C 296, 11.12.1978, p. 35. (3)OJ No C 283, 27.11.1978, p. 39. (4)OJ No C 112, 20.12.1973, p. 3. (5)OJ No C 139, 13.6.1977, p. 3. (6)OJ No L 129, 18.5.1976, p. 23.
Whereas to ensure the effective protection of groundwater in the Community it is necessary to prevent the discharge of substances in list I and limit the discharge of substances in list II;
Whereas a distinction should be drawn between direct discharges of dangerous substances into groundwater and actions likely to result in indirect discharges;
Whereas, with the exception of direct discharges of substances in list I, which are automatically prohibited, all discharges must be made subject to a system of authorization ; whereas such authorizations may only be delivered after a survey of the receiving environment;
Whereas provision should be made for exceptions to the rules prohibiting discharges into groundwater of substances in list I, after a survey has been made of the receiving environment and prior authorization given, provided that the discharge is made into groundwater permanently unsuitable for any other use, particularly domestic or agricultural purposes;
Whereas artificial recharges of groundwater intended for public water supplies should be made subject to special rules;
Whereas the competent authorities of the Member States should monitor compliance with the conditions laid down in the authorizations and the effects of discharges on groundwater;
Whereas an inventory should be kept of authorization of discharges into groundwater of substances in list I and of direct discharges into groundwater of substances in list II, and an inventory of authorizations for artificial recharges for the purpose of groundwater management;
Whereas, to the extent that the Hellenic Republic is to become a member of the European Economic Community on 1 January 1981 in accordance with the Act concerning the conditions of accession of the Hellenic Republic and the adjustments to the Treaties, it appears necessary that, for that State, the period granted to Member States to bring into force the laws, regulations and administrative provisions necessary to comply with this Directive should be extended from two to four years, bearing in mind the inadequacy of that State's technical and administrative infrastructure,
Article 1
1. The purpose of this Directive is to prevent the pollution of groundwater by substances belonging to the families and groups of substances in lists I or II in the Annex, hereinafter referred to as "substances in lists I or II", and as far as possible to check or eliminate the consequences of pollution which has already occurred.
2. For the purposes of this Directive: (a) "groundwater" means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;
(b) "direct discharge" means the introduction into groundwater of substances in lists I or II without percolation through the ground or subsoil;
(c) "indirect discharge" means the introduction into groundwater of substances in lists I or II after percolation through the ground or subsoil;
(d) "pollution" means the discharge by man, directly or indirectly, of substances or energy into groundwater, the results of which are such as to endanger human health or water supplies, harm living resources and the aquatic ecosystem or interfere with other legitimate uses of water.
Article 2
This Directive shall not apply to: (a) discharges of domestic effluents from isolated dwellings not connected to a sewerage system and situated outside areas protected for the abstraction of water for human consumption;
(b) discharges which are found by the competent authority of the Member State concerned to contain substances in lists I or II in a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater;
(c) discharges of matter containing radioactive substances.
Article 3
Member States shall take the necessary steps to: (a) prevent the introduction into groundwater of substances in list I ; and
(b) limit the introduction into groundwater of substances in list II so as to avoid pollution of this water by these substances.
Article 4
1. To comply with the obligation referred to in Article 3 (a), Member States: - shall prohibit all direct discharge of substances in list I,
- shall subject to prior investigation any disposal or tipping for the purpose of disposal of these substances which might lead to indirect discharge. In the light of that investigation, Member States shall prohibit such activity or shall grant authorization provided that all the technical precautions necessary to prevent such discharge are observed,
- shall take all appropriate measures they deem necessary to prevent any indirect discharge of substances in list I due to activities on or in the ground other than those mentioned in the second indent. They shall notify such measures to the Commission, which, in the light of this information, may submit proposals to the Council for revision of this Directive.
2. However, should prior investigation reveal that the groundwater into which the discharge of substances in list I is envisaged is permanently unsuitable for other uses, especially domestic or agricultural, the Member States may authorize the discharge of these substances provided that their presence does not impede exploitation of ground resources.
These authorizations may be granted only if all technical precautions have been taken to ensure that these substances cannot reach other aquatic systems or harm other ecosystems.
3. Member States may, after prior investigation, authorize discharges due to re-injection into the same aquifer of water used for geothermal purposes, water pumped out of mines and quarries or water pumped out for civil engineering works.
Article 5
1. To comply with the obligation referred to in Article 3 (b), Member States shall make subject to prior investigation: - all direct discharge of substances in list II, so as to limit such discharges,
- the disposal or tipping for the purpose of disposal of these substances which might lead to indirect discharge.
In the light of that investigation, Member States may grant an authorization, provided that all the technical precautions for preventing groundwater pollution by these substances are observed.
2. Furthermore, Member States shall take the appropriate measures they deem necessary to limit all indirect discharge of substances in list II, due to activities on or in the ground other than those mentioned in the first paragraph.
Article 6
Notwithstanding Articles 4 and 5, artificial recharges for the purpose of groundwater management shall be subject to a special authorization issued by the Member States on a case-by-case basis. Such authorization shall be granted only if there is no risk of polluting the groundwater.
Article 7
The prior investigations referred to in Articles 4 and 5 shall include examination of the hydrogeological conditions of the area concerned, the possible purifying powers of the soil and subsoil and the risk of pollution and alteration of the quality of the groundwater from the discharge and shall establish whether the discharge of substances into groundwater is a satisfactory solution from the point of view of the environment.
Article 8
The authorizations referred to in Articles 4, 5 and 6 may not be issued by the competent authorities of the Member States until it has been checked that the groundwater, and in particular its quality, will undergo the requisite surveillance.
Article 9
When direct discharge is authorized in accordance with Article 4 (2) and (3) or Article 5, or when waste water disposal which inevitably causes indirect discharge is authorized in accordance with Article 5, the authorization shall specify in particular: - the place of discharge,
- the method of discharge,
- essential precautions, particular attention being paid to the nature and concentration of the substances present in the effluents, the characteristics of the receiving environment and the proximity of water catchment areas, in particular those for drinking, thermal and mineral water,
- the maximum quantity of a substance permissible in an effluent during one or more specified periods of time and the appropriate requirements as to the concentration of these substances,
- the arrangements enabling effluents discharged into groundwater to be monitored;
- if necessary, measures for monitoring groundwater, and in particular its quality.
Article 10
When disposal or tipping for the purpose of disposal which might lead to indirect discharge is authorized in accordance with Articles 4 or 5, authorization shall specify in particular: - the place where such disposal or tipping is done,
- the methods of disposal or tipping used,
- essential precautions, particular attention being paid to the nature and concentration of the substances present in the matter to be tipped or disposed of, the characteristics of the receiving environment and the proximity of water catchment areas, in particular those for drinking, thermal and mineral water,
- the maximum quantity permissible, during one or more specified periods of time, of the matter containing substances in lists I or II and, where possible, of those substances themselves, to be tipped or disposed of and the appropriate requirements as to the concentration of those substances,
- in the cases referred to in Article 4 (1) and Article 5 (1) the technical precautions to be implemented to prevent any discharge into groundwater of substances in list I and any pollution of such water by substances in list II,
- if necessary, the measures for monitoring the groundwater, and in particular its quality.
Article 11
The authorizations referred to in Articles 4 and 5 may be granted for a limited period only, and will be reviewed at least every four years. They may be renewed, amended or withdrawn.
Article 12
1. If the person requesting an authorization as referred to in Articles 4 or 5 states that he is unable to comply with the conditions laid down, or if this situation is evident to the competent authority in the Member State concerned, authorization shall be refused.
2. Should the conditions laid down in an authorization not be complied with, the competent authority in the Member State concerned shall take appropriate steps to ensure that these conditions are fulfilled ; if necessary, it shall withdraw the authorization.
Article 13
The competent authorities of the Member States shall monitor compliance with the conditions laid down in the authorizations and the effects of discharges on groundwater.
Article 14
As regards discharges of the substances in lists I or II already occurring at the time of notification of this Directive, the Member States may stipulate a period not exceeding four years after entry into force of the provisions referred to in Article 21 (1), on expiry of which the discharges in question must comply with this Directive.
Article 15
The competent authorities of the Member States shall keep an inventory of the authorizations referred to in Article 4 of discharges of substances in list I, the authorizations referred to in Article 5 of direct discharges of substances in list II and the authorizations referred to in Article 6.
Article 16
1. For the purposes of implementing this Directive, Member States shall supply the Commission, at its request and on a case-by-case basis, with all the necessary information, and in particular with: (a) the results of the prior investigations referred to in Articles 4 and 5;
(b) details of the authorizations granted;
(c) the results of the monitoring and inspection operations carried out;
(d) the results of the inventories provided for in Article 15.
2. Information acquired as a result of the application of this Article shall be used only for the purpose for which it was requested.
3. The Commission and the competent authorities of the Member States, their officials and other servants shall not disclose information acquired by them pursuant to this Directive and of a kind covered by the obligation of professional secrecy.
4. The provisions of paragraphs 2 and 3 shall not prevent publication of general information or surveys which do not contain information relating to particular undertakings or associations of undertakings.
Article 17
With regard to discharges into transfrontier groundwater, the competent authority of the Member State which intends to grant authorization for such discharges shall inform the other Member States concerned before an authorization is issued. At the request of one of the Member States concerned and before an authorization is issued, consultations shall be held in which the Commission may participate.
Article 18
The application of the measures taken pursuant to this Directive may on no account lead, either directly or indirectly, to pollution of the water referred to in Article 1.
Article 19
Where appropriate, one or more Member States may individually or jointly take more stringent measures than those provided for under this Directive.
Article 20
The Council, acting on a proposal from the Commission, shall, in the light of experience, revise and, if necessary, supplement lists I and II, where appropriate, by transferring certain substances from list II to list I.
Article 21
1. The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its notification. They shall immediately inform the Commission thereof.
However, this period shall be increased to four years for the Hellenic Republic, subject to its accession on 1 January 1981.
2. The Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
3. Once the measures referred to in paragraph 1 have been implemented by a Member State, the provisions of Directive 76/464/EEC relating to groundwater shall no longer apply in respect of that Member State.
Article 22
This Directive is addressed to the Member States. | [
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] |
31980L0181 | 1979 | Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement and on the repeal of Directive 71/354/EEC
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to Council Directive 71/354/EEC of 18 October 1971 on the approximation of the laws of the Member States relating to units of measurement (1), as last amended by Council Directive 76/770/EEC (2),
Having regard to the proposal from the Commission (3),
Having regard to the opinion of the European Parliament (4),
Having regard to the opinion of the Economic and Social Committee (5),
Whereas units of measurement are essential in the use of all measuring instruments, to express measurements or any indication of quantity ; whereas units of measurement are used in most fields of human activity ; whereas it is necessary to ensure the greatest possible clarity in their use ; whereas it is therefore necessary to make rules for their use within the Community for economic, public health, public safety or administrative purposes;
Whereas, however, there exist international conventions or agreements in the field of international transport which bind the Community or the Member States ; whereas these conventions or agreements have to be respected;
Whereas the laws which regulate the use of units of measurement in the Member States differ from one Member State to another and as a result hinder trade ; whereas, in these circumstances, it is necessary to harmonize laws, regulations and administrative provisions in order to overcome such obstacles;
Whereas units of measurement are the subject of international resolutions adopted by the General Conference of Weights and Measures (CGPM) set up by the Metre Convention signed in Paris on 20 May 1875, to which all the Member States adhere ; whereas the "International System of Units" (SI) was drawn up as a result of these resolutions;
Whereas the Council on 18 October 1971 adopted Directive 71/354/EEC on the approximation of the laws of the Member States in order to eliminate obstacles to trade by adopting the international system of units at Community level ; whereas Directive 71/354/EEC was amended by the Act of Accession and by Directive 76/770/EEC;
Whereas these Community provisions have not overcome all the obstacles in this field ; whereas Directive 76/770/EEC provides for the review before 31 December 1979 of the situation regarding units of measurement, names and symbols listed in Chapter D of the Annex thereto ; whereas it has also proved necessary to review the situation regarding certain other units of measurement;
Whereas it is necessary, in order to avoid serious difficulties, to provide for a transitional period during which units of measurement which are not compatible with the international system can be phased out ; whereas it is nevertheless essential to allow the Member States wishing to do so to bring into force as quickly as possible, on their territory, the provisions of Chapter I of the Annex ; whereas it is therefore necessary to limit the duration of this transitional period at Community level while, at the same time, leaving the Member States free to curtail that period;
Whereas, during the transitional period, it is essential, particularly in order to protect the consumer, to maintain a clear position on the use of units of measurement in trade between the Member States ; whereas the obligation on the Member States to allow use of supplementary indications on products and equipment imported from other Member States during this transitional period seems to serve this purpose well; (1)OJ No L 243, 29.10.1971, p. 29. (2)OJ No L 262, 27.9.1976, p. 204. (3)OJ No C 81, 28.3.1979, p. 6. (4)OJ No C 127, 21.5.1979, p. 80. (5)Opinion delivered on 24/25 October 1979 (not yet published in the Official Journal).
Whereas the systematic adoption of a solution of this kind for all measuring instruments, including medical instruments, is however not necessarily desirable ; whereas the Member States should therefore be able to require that, on their territory, measuring instruments bear indications of quantity in a single legal unit of measurement;
Whereas this Directive does not affect the continued manufacture of products already on the market ; whereas it does, however, affect the placing on the market and use of products and equipment bearing indications of quantity in units of measurement which are no longer legal units of measurement, when such products and equipment are necessary to supplement or replace components or parts of such products, equipment and instruments already on the market ; whereas it is therefore necessary for Member States to authorize the placing on the market and the use of such products and equipment to complete and replace components, even when they bear indications of quantity in units of measurement which are no longer legal units of measurement, so that products, equipment or instruments already on the market may continue to be used;
Whereas the International Organization for Standardization (ISO) on 1 March 1974 adopted an international standard on the representation of SI and other units for use in systems with limited sets of characters ; whereas it is advisable for the Community to adopt the solutions which have already been approved on a wider international level by ISO Standard 2955 of 1 March 1974;
Whereas Community provisions relating to units of measurement are to be found in several Community texts ; whereas the question of units of measurement is so important that it is essential that reference may be made to a single Community text ; whereas this Directive thereby consolidates all the Community provisions on the subject and repeals Directive 71/354/EEC,
Article 1
The legal units of measurement within the meaning of this Directive which must be used for expressing quantities shall be: (a) those listed in Chapter I of the Annex;
(b) those listed in Chapter II of the Annex, until a date to be fixed by the Member States ; this date may not be later than 31 December 1985;
(c) those listed in Chapter III of the Annex only in those Member States where they were authorized on 21 April 1973 and until a date to be fixed by those Member States ; this date may not be later than a date to be set by the Council before 31 December 1989 on the basis of Article 100 of the Treaty.
Article 2
(a) The obligations arising under Article 1 relate to measuring instruments used, measurements made and indications of quantity expressed in units of measurement, for economic, public health, public safety or administrative purposes.
(b) This Directive shall not affect the use in the field of air and sea transport and rail traffic of units, other than those made compulsory by the Directive, which have been laid down in international conventions or agreements binding the Community or the Member States.
Article 3
1. For the purposes of this Directive "supplementary indication" means one or more indications of quantity expressed in units of measurement not contained in Chapter I of the Annex accompanying an indication of quantity expressed in a unit contained in that Chapter.
2. The use of supplementary indications shall be authorized until 31 December 1989.
3. However, Member States may require that measuring instruments bear indications of quantity in a single legal unit of measurement.
4. The indication expressed in a unit of measurement listed in Chapter I shall predominate. In particular, the indications expressed in units of measurement not listed in Chapter I shall be expressed in characters no larger than those of the corresponding indication in units listed in Chapter I.
5. The use of supplementary indications may be extended after 31 December 1989.
Article 4
The use of units of measurement which are not or are no longer legal shall be authorized for: - products and equipment already on the market and/or in service on the date on which this Directive is adopted,
- components and parts of products and of equipment necessary to supplement or replace components or parts of the above products and equipment.
However, the use of legal units of measurement may be required for the indicators of measuring instruments.
Article 5
International standard ISO 2955 of 1 March 1974, "Information processing - Representations of SI and other units for use in systems with limited character sets" shall apply in the field covered by paragraph 1 thereof.
Article 6
Directive 71/354/EEC shall be repealed on 1 October 1981.
However, by way of derogation from Directive 71/354/EEC, Member States shall authorize or continue to allow on the terms specified in Article 1 of this Directive the use of the following units of measurement after 31 December 1979: >PIC FILE= "T0013329">
Article 7
(a) Member States shall adopt and publish before 1 July 1981 the laws, regulations and administrative provisions necessary to comply with this Directive and shall inform the Commission thereof.
They shall apply these provisions from 1 October 1981.
(b) As from the date of notification of this Directive, Member States shall also ensure that the Commission is informed, in sufficient time to enable it to submit its comments, of any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive.
Article 8
This Directive is addressed to the Member States. | [
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31980L0390 | 1980 | Council Directive 80/390/EEC of 17 March 1980 coordinating the requirements for the drawing up, scrutiny and distribution of the listing particulars to be published for the admission of securities to official stock exchange listing
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (3) (g) and 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the market in which undertakings operate has been enlarged to embrace the whole Community and this enlargement involves a corresponding increase in their financial requirements and extension of the capital markets on which they must call to satisfy them ; whereas admission to official listing on stock exchanges of Member States of securities issued by undertakings constitutes an important means of access to these capital markets ; whereas furthermore exchange restrictions on the purchase of securities traded on the stock exchanges of another Member State have been eliminated as part of the liberalization of capital movements;
Whereas safeguards for the protection of the interests of actual and potential investors are required in most Member States of undertakings offering their securities to the public, either at the time of their offer or of their admission to official stock exchange listing ; whereas such safeguards require the provision of information which is sufficient and as objective as possible concerning the financial circumstances of the issuer and particulars of the securities for which admission to official listing is requested ; whereas the form under which this information is required usually consists of the publication of listing particulars;
Whereas the safeguards required differ from Member State to Member State, both as regards the contents and the layout of the listing particulars and the efficacy, methods and timing of the check on the information given therein ; whereas the effect of these differences is not only to make it more difficult for undertakings to obtain admission of securities to official listing on stock exchanges of several Member States but also to hinder the acquisition by investors residing in one Member State of securities listed on stock exchanges of other Member States and thus to inhibit the financing of the undertakings and investment throughout the Community;
Whereas these differences should be eliminated by coordinating the rules and regulations without necessarily making them completely uniform, in order to achieve an adequate degree of equivalence in the safeguards required in each Member State to ensure the provision of information which is sufficient and as objective as possible for actual or potential security holders ; whereas at the same time, taking into account the present degree of liberalization of capital movements in the Community and (1)OJ No C 131, 13.12.1972, p. 61. (2)OJ No C 11, 7.2.1974, p. 24. (3)OJ No C 125, 16.10.1974, p. 1. the fact that a mechanism for checking at the time the securities are offered does not yet exist in all Member States, it would appear sufficient at present to limit the coordination to the admission of securities to official stock exchange listing;
Whereas such coordination must apply to securities independently of the legal status of the issuing undertaking, and accordingly, in so far as this Directive applies to entities to which no reference is made in the second paragraph of Article 58 of the Treaty and goes beyond the scope of Article 54 (3) (g), it must be based also on Article 100,
SECTION I General provisions
Article 1
1. This Directive shall apply to securities which are the subject of an application for admission to official listing on a stock exchange situated or operating within a Member State.
2. This Directive shall not apply to: - units issued by collective investment undertakings other than the closed-end type,
- securities issued by a State or by its regional or local authorities.
Article 2
For purposes of applying this Directive: (a) "collective investment undertakings other than the closed-end type" shall mean unit trusts and investment companies: - the object of which is the collective investment of capital provided by the public, and which operate on the principle of risk spreading, and
- the units of which are, at the holders' request, repurchased or redeemed, directly or indirectly, out of the assets of these undertakings. Action taken by such undertakings to ensure that the stock exchange value of its units does not significantly vary from their net asset value shall be regarded as equivalent to such repurchase or redemption;
(b) "units of a collective investment undertaking" shall mean securities issued by a collective investment undertaking as representing the rights of participants in the assets of such an undertaking;
(c) "issuers" shall mean companies and other legal persons and any undertaking whose securities are the subject of an application for admission to official listing on a stock exchange;
(d) "net turnover" shall comprise the amounts derived from the sale of products and the provision of services falling within the undertaking's ordinary activities, after deduction of sales rebates and of value added tax and other taxes directly linked to the turnover;
(e) "credit institution" shall mean an undertaking whose business is to receive deposits or other repayable funds from the public and to grant credits for its own account;
(f) "participating interest" shall mean rights in the capital of other undertakings, whether or not represented by certificates, which, by creating a durable link with those undertakings, are intended to contribute to the activities of the undertaking which holds these rights;
(g) "annual accounts" shall comprise the balance sheet, the profit and loss account and the notes on the accounts. These documents shall constitute a composite whole.
Article 3
Member States shall ensure that the admission of securities to official listing on a stock exchange situated or operating within their territories is conditional upon the publication of an information sheet, hereinafter referred to as listing particulars.
Article 4
1. The listing particulars shall contain the information which, according to the particular nature of the issuer and of the securities for the admission of which application is being made, is necessary to enable investors and their investment advisers to make an informed assessment of the assets and liabilities, financial position, profits and losses, and prospects of the issuer and of the rights attaching to such securities.
2. Member States shall ensure that the obligation referred to in paragraph 1 is incumbent upon the persons responsible for the listing particulars as provided for in heading 1.1 of Schedules A and B annexed hereto.
Article 5
1. Without prejudice to the obligation referred to in Article 4, Member States shall ensure that, subject to the possibilities for exemptions provided for in Articles 6 and 7, listing particulars contain, in as easily analysable and comprehensible a form as possible, at least the items of information provided for in Schedules A, B or C, depending on whether shares, debt securities or certificates representing shares are involved.
2. In the specific cases covered by Articles 8 to 17 the listing particulars are to be drawn up in accordance with the specifications given in those Articles, subject to the possibilities for exemptions provided for in Articles 6 and 7.
3. Where certain headings in Schedules A, B and C appear inappropriate to the issuer's sphere of activity or legal form, listing particulars giving equivalent information shall be drawn up by adapting these headings.
Article 6
Member States may allow the authorities responsible for checking the listing particulars within the meaning of this Directive (hereinafter referred to as "the competent authorities") to provide for partial or complete exemption from the obligation to publish listing particulars in the following cases: 1. where the securities for which admission to official listing is applied for are: (a) securities which have been the subject of a public issue;
(b) securities issued in connection with a takeover offer;
(c) securities issued in connection with a merger involving the acquisition of another company or the formation of a new company, the division of a company, the transfer of all or part of an undertaking's assets and liabilities or as consideration for the transfer of assets other than cash;
and where, not more than 12 months before the admission of the securities to official listing, a document, regarded by the competent authorities as containing information equivalent to that of the listing particulars provided for by this Directive, has been published in the same Member State. Particulars shall also be published of any material changes which have occurred since such document was prepared. The document must be made available to the public at the registered office of the issuer and at the offices of the financial organizations retained to act as the latter's paying agents, and any particulars of material changes shall be published in accordance with Articles 20 (1) and 21 (1).
2. where the securities for which admission to official listing is applied for are: (a) shares allotted free of charge to holders of shares already listed on the same stock exchange ; or
(b) shares resulting from the conversion of convertible debt securities or shares created after an exchange for exchangeable debt securities, if shares of the company whose shares are offered by way of conversion or exchange are already listed on the same stock exchange ; or
(c) shares resulting from the exercise of the rights conferred by warrants, if shares of the company whose shares are offered to holders of the warrants are already listed on the same stock exchange ; or
(d) shares issued in substitution for shares already listed on the same stock exchange if the issuing of such new shares does not involve any increase in the company's issued share capital;
and, where appropriate, the information provided for in Chapter 2 of Schedule A is published in accordance with Articles 20 (1) and 21 (1). 3. where the securities for which admission to official listing is applied for are: (a) shares of which either the number or the estimated market value or the nominal value or, in the absence of a nominal value, the accounting par value, amounts to less than 10 % of the number or of the corresponding value of shares of the same class already listed on the same stock exchange ; or
(b) debt securities issued by companies and other legal persons which are nationals of a Member State and which: - in carrying on their business, benefit from State monopolies, and
- are set up or governed by a special law or pursuant to such a law or whose borrowings are unconditionally and irrevocably guaranteed by a Member State or one of a Member State's federated States ; or
(c) debt securities issued by legal persons, other than companies, which are nationals of a Member State, and - were set up by special law, and
- whose activities are governed by that law and consist solely in: (i) raising funds under state control through the issue of debt securities, and
(ii) financing production by means of the resources which they have raised and resources provided by a Member State, and
- the debt securities of which are, for the purposes of admission to official listing, considered by national law as debt securities issued or guaranteed by the State ; or
(d) shares allotted to employees, if shares of the same class have already been admitted to official listing on the same stock exchange ; shares which differ from each other solely as to the date of first entitlement to dividends shall not be considered as being of different classes ; or
(e) securities already admitted to official listing on another stock exchange in the same Member State ; or
(f) shares issued in consideration for the partial or total renunciation by the management of a limited partnership with a share capital of its statutory rights over the profits, if shares of the same class have already been admitted to official listing on the same stock exchange ; shares which differ from each other solely as to the date of first entitlement to dividends shall not be considered as being of different classes ; or
(g) supplementary certificates representing shares issued in exchange for the original securities, where the issuing of such new certificates has not brought about any increase in the company's issued capital, and provided that certificates representing such shares are already listed on the same stock exchange, and where: - in the case of (a), the issuer has complied with the stock exchange publicity requirements imposed by the national authorities and has produced annual accounts and annual and interim reports which these authorities have considered adequate,
- in the case of (e), listing particulars complying with this Directive have already been published, and
- in all the cases referred to in points (a) to (g), information concerning the number and type of securities to be admitted to official listing and the circumstances in which such securities have been issued has been published in accordance with Articles 20 (1) and 21 (1).
Article 7
The competent authorities may authorize omission from the listing particulars of certain information provided for by this Directive if they consider that: (a) such information is of minor importance only and is not such as will influence assessment of the assets and liabilities, financial position, profits and losses and prospects of the issuer ; or
(b) disclosure of such information would be contrary to the public interest or seriously detrimental to the issuer, provided that, in the latter case, such omission would not be likely to mislead the public with regard to facts and circumstances, knowledge of which is essential for the assessment of the securities in question.
SECTION II Contents of the listing particulars in certain specific cases
Article 8
1. Where the application for admission to official listing relates to shares offered to shareholders of the issuer on a pre-emptive basis and shares of the latter are already listed on the same stock exchange, the competent authorities may provide that the listing particulars shall contain only the information provided for by Schedule A: - in chapter 1,
- in chapter 2,
- in chapter 3, headings 3.1.0, 3.1.5, 3.2.0, 3.2.1, 3.2.6, 3.2.7, 3.2.8, and 3.2.9,
- in chapter 4, headings 4.2, 4.4, 4.5, 4.7.1, and 4.7.2,
- in chapter 5, headings 5.1.4, 5.1.5, and 5.5,
- in chapter 6, headings 6.1, 6.2.0, 6.2.1, 6.2.2, 6.2.3, and
- in chapter 7.
Where the shares referred to in the first subparagraph are represented by certificates, the listing particulars shall contain, at least, subject to Article 16 (2) and (3), in addition to the information mentioned in that subparagraph, that provided for in Schedule C: - in chapter 1, headings 1.1, 1.3, 1.4, 1.6 and 1.8, and
- in chapter 2.
2. Where the application for admission to official listing relates to convertible debt securities, exchangeable debt securities or debt securities with warrants which are offered on a pre-emptive basis to the shareholders of the issuer and where the latter's shares are already listed on the same stock exchange, the competent authorities may provide that the listing particulars shall contain only: - information concerning the nature of the shares offered by way of conversion, exchange or subscription and the rights attaching thereto,
- the information provided for in Schedule A and mentioned above in the first subparagraph of paragraph 1, except for that provided for in Chapter 2 of that Schedule,
- the information provided for in Chapter 2 of Schedule B, and
- the conditions of and procedures for conversion, exchange and subscription and the situations in which they may be amended.
3. When published in accordance with Article 20, listing particulars as referred to in paragraphs 1 and 2 shall be accompanied by the annual accounts for the latest financial year.
4. Where the issuer prepares both own and consolidated annual accounts, both sets of accounts shall accompany the listing particulars. However, the competent authorities may allow the issuer to attach to the listing particulars either the own or the consolidated accounts alone, provided that the accounts not attached to the listing particulars furnish no material additional information.
Article 9
1. Where the application for admission to official listing relates to debt securities which are neither convertible, exchangeable, nor accompanied by warrants and are issued by an undertaking which has securities already listed on the same stock exchange, the competent authorities may provide that the listing particulars shall contain only the information provided for by Schedule B: - in chapter 1,
- in chapter 2,
- in chapter 3, headings 3.1.0, 3.1.5, 3.2.0 and 3.2.2,
- in chapter 4, heading 4.3,
- in chapter 5, headings 5.1.2, 5.1.3, 5.1.4 and 5.4,
- in chapter 6, and
- in chapter 7.
2. When published in accordance with Article 20, listing particulars as referred to in paragraph 1 shall be accompanied by the annual accounts for the latest financial year.
3. Where the issuer prepares both own and consolidated annual accounts, both sets of accounts must accompany the listing particulars. However, the competent authorities may allow the issuer to attach to the listing particulars either the own or the consolidated accounts alone, provided that the accounts not attached to the listing particulars furnish no material additional information.
Article 10
Where the application for admission to official listing relates to debt securities nearly all of which, because of their nature, are normally bought and traded in by a limited number of investors who are particularly knowledgeable in investment matters, the competent authorities may allow the omission from the listing particulars of certain information provided for by Schedule B or allow its inclusion in summary form, on condition that such information is not material from the point of view of the investors concerned.
Article 11
1. For the admission of securities, issued by financial institutions, to official listing, the listing particulars must contain: - at least the information specified in Chapters 1, 2, 3, 5 and 6 of Schedules A or B, according to whether the issue is of shares or debt securities, and
- information adapted, in accordance with the rules laid down for that purpose by national law or by the competent authorities, to the particular nature of the issuer of the securities in question and at least equivalent to that specified in Chapters 4 and 7 of Schedules A or B.
2. Member States shall determine the financial institutions to be covered by this Article.
3. The arrangements laid down by this Article may be extended to: - collective investment undertakings whose units are not excluded from the scope of this Directive by the first indent of Article 1 (2),
- finance companies engaging in no activity other than raising capital to make it available to their parent company or to undertakings affiliated to that company, and
- companies holding portfolios of securities, licences or patents and engaging in no activity other than the management of such portfolios.
Article 12
Where the application for admission to official listing concerns debt securities issued in a continuous or repeated manner by credit institutions which regularly publish their annual accounts and which, within the Community, are set up or governed by a special law, or pursuant to such a law, or are subject to public supervision designed to protect savings, the Member States may provide that the listing particulars shall contain only: - the information provided for in heading 1.1 and Chapter 2 of Schedule B, and
- information concerning any events of importance for the assessment of the securities in question which have occurred since the end of the financial year in respect of which the last annual accounts were published. Such accounts must be made available to the public at the issuer's offices or at those of the financial organizations retained to act as the latter's paying agents.
Article 13
1. For the admission to official listing of debt securities guaranteed by a legal person, listing particulars must include: - with respect to the issuer, the information provided for in Schedule B, and
- with respect to the guarantor, the information provided for in heading 1.3 and Chapters 3 to 7 of that Schedule.
Where the issuer or guarantor is a financial institution, the part of the listing particulars relating to that financial institution shall be drawn up in accordance with Article 11, without prejudice to the first subparagraph of this paragraph.
2. When the issuer of the guaranteed debt securities is a finance company within the meaning of Article 11 (3), the listing particulars must include: - with respect to the issuer, the information provided for in Chapters 1, 2 and 3 and in headings 5.1.0 to 5.1.5 and 6.1 of Schedule B, and
- with respect to the guarantor, that provided for in heading 1.3 and Chapters 3 to 7 of that Schedule.
3. Where there is more than one guarantor, the information specified shall be required of each one ; however, the competent authorities may allow abridgement of this information with a view to achieving greater comprehensibility of the listing particulars.
4. The guarantee contract must, in the cases referred to in paragraphs 1, 2 and 3, be made available for inspection by the public at the offices of the issuer and at those of the financial organizations retained to act as the latter's paying agents. Copies of the contract shall be provided to any person concerned on request.
Article 14
1. Where the application for admission to official listing relates to convertible debt securities, exchangeable debt securities or debt securities with warrants, the listing particulars must include: - information concerning the nature of the shares offered by way of conversion, exchange or subscription, and the rights attaching thereto,
- the information provided for in heading 1.3 and Chapters 3 to 7 of Schedule A,
- the information provided for in Chapter 2 of Schedule B, and
- the conditions of and procedures for conversion, exchange or subscription and details of the situations in which they may be amended.
2. When the issuer of the convertible debt securities, the exchangeable debt securities or the debt securities with warrants is not the issuer of the shares, listing particulars must include: - information concerning the nature of the shares offered by way of conversion, exchange or subscription and the rights attaching thereto, and
- in respect of the issuer of the securities, the information provided for in Schedule B,
- in respect of the issuer of the shares, that provided for in heading 1.3 and Chapters 3 to 7 of Schedule A, and
- the conditions of and procedures for conversion, exchange or subscription and details of the situations in which they may be amended.
However, where the issuer of the debt securities is a finance company within the meaning of Article 11 (3), listing particulars need contain, in relation to that company, only the information provided for in Chapters 1, 2 and 3 and headings 5.1.0 to 5.1.5 and 6.1 of Schedule B.
Article 15
1. Where the application for admission to official listing relates to securities issued in connection with a merger involving the acquisition of another company or the formation of a new company, the division of a company, the transfer of all or part of an undertaking's assets and liabilities, a takeover offer or as consideration for the transfer of assets other than cash, the documents describing the terms and conditions of such operations, as well as, where appropriate, any opening balance sheet, whether or not pro forma, if the issuer has not yet prepared its annual accounts, must, without prejudice to the requirement to publish the listing particulars, be made available for inspection by the public at the offices of the issuer of the securities and at those of the financial organizations retained to act as the latter's paying agents.
2. Where the transaction referred to in paragraph 1 took place more than two years previously, the competent authorities may dispense with the requirement imposed in that paragraph.
Article 16
1. When the application for admission to official listing relates to certificates representing shares, the listing particulars must contain the information, as regards certificates, provided for in Schedule C and the information, as regards the shares represented, provided for in Schedule A.
2. However, the competent authorities may relieve the issuer of the certificates of the requirement to publish details of its own financial position, when the issuer is: - a credit institution which is a national of a Member State and is set up or governed by a special law or pursuant to such law or is subject to public supervision designed to protect savings, or
- a subsidiary 95 % or more of which is owned by a credit institution within the meaning of the preceding indent, the commitments of which towards the holders of certificates are unconditionally guaranteed by that credit institution and which is subject, de jure or de facto, to the same supervision, or
- an "Administratiekantoor" in the Netherlands governed, for the safe custody of the original securities, by special regulations laid down by the competent authorities.
3. In the case of certificates issued by a securities transfer organization or by an auxiliary institution set up by such organization, the competent authorities may dispense with the publication of the information provided for in Chapter 1 of Schedule C.
Article 17
1. Where debt securities for which admission to official listing is applied for benefit, as regards both repayment of the loan and the payment of interest, from the unconditional and irrevocable guarantee of a State or of one of a State's federated States, national legislation or the competent authorities may authorize the abridgement of the information provided for in Chapters 3 and 5 of Schedule B.
2. The possibility of abridgement provided for in paragraph 1 may also be applied to companies set up or governed by a special law or pursuant to such law which have the power to levy charges on their consumers.
SECTION III Arrangements for the scrutiny and publication of listing particulars
Article 18
1. Member States shall appoint one or more competent authorities and shall notify the Commission of the appointments of such authorities, giving details of any division of powers among them. Member States shall also ensure that this Directive is applied.
2. No listing particulars may be published until they have been approved by the competent authorities.
3. The competent authorities shall approve the publication of listing particulars only if they are of the opinion that they satisfy all the requirements set out in this Directive.
Member States shall ensure that the competent authorities have the powers necessary for them to carry out their task.
4. This Directive shall not affect the competent authorities' liability, which shall continue to be governed solely by the national law.
Article 19
The competent authorities shall decide whether to accept the audit report of the official auditor provided for in heading 1.3 of Schedules A and B or, if necessary, to require an additional report.
The requirement for the additional report must be the outcome of an examination of each case on its merits. At the request of the official auditor and/or of the issuer, the competent authorities must disclose to them the reasons justifying this requirement.
Article 20
1. Listing particulars must be published either: - by insertion in one or more newspapers circulated throughout the Member State in which the admission to official listing of securities is sought, or widely circulated therein, or
- in the form of a brochure to be made available, free of charge, to the public at the offices of the stock exchange or stock exchanges on which the securities are being admitted to official listing, at the registered office of the issuer and at the offices of the financial organizations retained to act as the latter's paying agents in the Member State in which the admission of securities to official listing is sought.
2. In addition, either the complete listing particulars or a notice stating where the listing particulars have been published and where they may be obtained by the public must be inserted in a publication designated by the Member State in which the admission of securities to official listing is sought.
Article 21
1. Listing particulars must be published within a reasonable period, to be laid down in national legislation or by the competent authorities before the date on which official listing becomes effective.
Moreover, where the admission of securities to official listing is preceded by trading of the pre-emptive subscription rights giving rise to dealings recorded in the official list, the listing particulars must be published within a reasonable period, to be laid down by the competent authorities before such trading starts.
2. In exceptional, properly justified cases, the competent authorities may allow the postponement of the publication of the listing particulars until after: - the date on which official listing becomes effective, in the case of securities of a class already listed on the same stock exchange issued in consideration of transfers of assets other than cash,
- the date of the opening of trading in pre-emptive subscription rights.
3. If the admission of debt securities to official listing coincides with their public issue and if some of the terms of the issue are not finalized until the last moment, the competent authorities may merely require the publication, within a reasonable period, of listing particulars omitting information as to these terms but indicating how it will be given. Such information must be published before the date on which official listing starts, except where debt securities are issued on a continuous basis at varying prices.
Article 22
Where listing particulars are, or will be, published in accordance with Articles 1 and 3 for the admission of securities to official listing, the notices, bills, posters and documents announcing this operation and indicating the essential characteristics of these securities, and all other documents relating to their admission and intended for publication by the issuer or on his behalf, must first be communicated to the competent authorities. The latter shall decide whether they should be submitted to scrutiny before publication.
The abovementioned documents must state that listing particulars exist and indicate where they are being, or will be, published in accordance with Article 20.
Article 23
Every significant new factor capable of affecting assessment of the securities which arises between the time when the listing particulars are adopted and the time when stock exchange dealings begin shall be covered by a supplement to the listing particulars, scrutinized in the same way as the latter and puplished in accordance with procedures to be laid down by the competent authorities.
SECTION IV Cooperation between the Member States
Article 24
1. Where applications for admission of the same securities to official listing on stock exchanges situated or operating within several Member States are made simultaneously, or within short intervals of one another, the competent authorities shall exchange information and use their best endeavours to achieve maximum coordination of their requirements concerning listing particulars, to avoid a multiplicity of formalities and to agree to a single text requiring at the most translation, where appropriate, and the issue of supplements as necessary to meet the individual requirements of each Member State concerned.
2. Where an application for admission to official listing is made for securities which have been listed in another Member State less than six months previously, the competent authorities to whom application is made shall contact the competent authorities which have already admitted the securities to official listing and shall, as far as possible, exempt the issuer of those securities from the preparation of new listing particulars, subject to any need for updating, translation or the issue of supplements in accordance with the individual requirements of the Member State concerned.
Article 25
1. Member States shall provide that all persons employed or formerly employed by the competent authorities shall be bound by professional secrecy. This means that any confidential information received in the course of their duties may not be divulged to any person or authority except by virtue of provisions laid down by law.
2. Paragraph 1 shall not, however, preclude the competent authorities of the various Member States from exchanging information as provided for in this Directive. Information thus exchanged shall be covered by the obligation of professional secrecy to which the persons employed or formerly employed by the competent authorities receiving the information are subject.
SECTION V Contact Committee
Article 26
1. The Contact Committee set up by Article 20 of Council Directive 79/279/EEC of 5 March 1979 coordinating the conditions for the admission of securities to official stock exchange listing (1) shall also have as its function: (a) without prejudice to Articles 169 and 170 of the EEC Treaty to facilitate the harmonized implementation of this Directive through regular consultations on any practical problems arising from its application on which exchanges of views are deemed useful;
(b) to facilitate consultation between the Member States on the supplements and improvements to the listing particulars which the competent authorities are entitled to require or recommend at national level;
(c) to advise the Commission, if necessary, on any additions or amendments to be made to this Directive.
2. It shall not be the function of the Contact Committee to appraise the merits of decisions taken by the competent authorities in individual cases. (1)OJ No L 66, 16.3.1979, p. 21
SECTION VI Final provisions
Article 27
1. Member States shall take the measures necessary to comply with this Directive within 30 months of its notification. They shall forthwith inform the Commission thereof.
2. As from the notification of this Directive, the Member States shall communicate to the Commission the texts of the main laws, regulations and administrative provisions which they adopt in the field covered by this Directive.
Article 28
This Directive is addressed to the Member States. | [
"UKPGA19860060"
] |
31980L0778 | 1980 | Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas, in view of the importance for public health of water for human consumption, it is necessary to lay down quality standards with which such water must comply;
Whereas a disparity between provisions already applicable or in the process of being drawn up in the various Member States relating to the quality of water for human consumption may create differences in the conditions of competition and, as a result, directly affect the operation of the common market ; whereas laws in this sphere should therefore be approximated as provided for in Article 100 of the Treaty;
Whereas this approximation of laws should be accompanied by Community action designed to achieve, by more extensive rules concerning water for human consumption, one of the aims of the Community with regard to the improvement of living conditions, the harmonious development of economic activities throughout the Community and a continuous and balanced expansion ; whereas certain specific provisions to this effect should therefore be laid down ; whereas Article 235 of the Treaty should be invoked as the necessary powers have not been provided for by the Treaty;
Whereas the 1973 (3) and 1977 (4) programmes of action of the European Communities on the environment provide for both the setting of standards to apply to toxic chemical substances and to bacteria presenting a health hazard which are present in water intended for human consumption and the definition of physical, chemical and biological parameters corresponding to the different uses of water and, in particular, to water for human consumption;
Whereas special rules are envisaged for natural mineral waters ; whereas, furthermore, it is necessary to exclude from the scope of this Directive medicinal waters and certain waters used in the food industry where such use does not constitute a hazard to public health;
Whereas by Directive 75/440/EEC (5), the Council has already laid down standards for surface water intended for the abstraction of drinking water;
Whereas the values fixed for certain parameters must be equal to or lower than a maximum admissible concentration;
Whereas, in the case of softened water intended for human consumption, the values fixed for certain parameters must be equal to or greater than a required minimum concentration;
Whereas it is desirable that the Member States should take the values adopted as a "guide level";
Whereas, since the preparation of water for human consumption may involve the use of certain substances, rules should be drawn up to govern the use thereof in order to avoid possible harmful effects on public health due to excessive quantities of such substances;
Whereas the Member States should be authorized to make provision, under certain conditions, for derogations from this Directive, in particular to take account of certain special situations;
Whereas, in order to check the values of concentrations for the different parameters, it is necessary to provide that Member States take the steps required to ensure (1)OJ No C 28, 9.2.1976, p. 27. (2)OJ No C 131, 12.6.1976, p. 13. (3)OJ No C 112, 20.12.1973, p. 1. (4)OJ No C 69, 11.6.1970, p. 1. (5)OJ No L 194, 25.7.1975, p. 34. regular monitoring of the quality of water intended for human consumption;
Whereas the reference methods of analysis defined in the Annexes to this Directive must be speedily adapted to scientific and technical progress ; whereas, in order to facilitate application of the measures required for this purpose, provision should be made for a procedure establishing close cooperation between the Member States and the Commission within a committee responsible for the adaptation to scientific and technical progress,
Article 1
This Directive concerns standards for water intended for human consumption.
Article 2
For the purposes of this Directive, water intended for human consumption shall mean all water used for that purpose, either in its original state or after treatment, regardless of origin, - whether supplied for consumption, or
- whether
- used in a food production undertaking for the manufacture, processing, preservation or marketing of products or substances intended for human consumption and
- affecting the wholesomeness of the foodstuff in its finished form.
Article 3
With regard to water referred to in the second indent of Article 2, Member States shall apply the values for the toxic and microbiological parameters lised in Tables D and E respectively of Annex I and the values for the other parameters which the competent national authorities consider are likely to affect the wholesomeness of the foodstuff in its finished form.
Article 4
1. This Directive shall not apply to: (a) natural mineral waters recognized or defined as such by the competent national authorities;
(b) medicinal waters recognized as such by the competent national authorities.
2. Member States may not prohibit or impede the marketing of foodstuffs on grounds relating to the quality of the water used where the quality of such water meets the requirements of this Directive unless such marketing constitutes a hazard to public health.
Article 5
This Directive shall apply without prejudice to the specific provisions of other Community regulations.
Article 6
1. Member States shall send the Commission: - appropriate information as to the industrial sectors in which the competent national authorities consider that the wholesomeness of the finished product, within the meaning of Article 2, is unaffected by the quality of the water used;
- national values for parameters other than the toxic and microbiological parameters referred to in Article 3.
2. The Commission shall examine this information and shall take any measures which may be appropriate. It shall periodically draw up a comprehensive report for the Member States.
Article 7
1. Member States shall fix values applicable to water intended for human consumption for the parameters shown in Annex I.
2. Member States may refrain from fixing, pursuant to the first paragraph, the values of parameters in respect of which no value is shown in Annex I, as long as these values have not been determined by the Council.
3. For the parameters given in Tables A, B, C, D, and E of Annex I: - the values to be fixed by the Member States must be less than or the same as the values shown in the "Maximum admissible concentration" column;
- in fixing the values, Member States shall take as a basis the values appearing in the "Guide level" column.
4. For the parameters appearing in Table F of Annex I, the values to be fixed by Member States must be not lower than those given in the "Minimum required concentration" column for softened water, of the kind referred to in the first indent of Article 2.
5. In the interpretation of the values shown in Annex I account shall be taken of the observations.
6. Member States shall take the steps necessary to ensure that water intended for human consumption at least meets the requirements specified in Annex I.
Article 8
Member States shall take all the necessary measures to ensure that any substances used in the preparation of water for human consumption do not remain in concentrations higher than the maximum admissible concentration relating to these substances in water made available to the user and, that they do not, either directly or indirectly, constitute a public health hazard.
Article 9
1. Member States may make provision for derogations from this Directive in order to take account of: (a) situations arising from the nature and structure of the ground in the area from which the supply in question emanates.
Where a Member State decides to make such a derogation, it shall inform the Commission accordingly within two months of its decision stating the reasons for such derogation;
(b) situations arising from exceptional meteorological conditions.
Where a Member State decides to make such a derogation, it shall inform the Commission accordingly within 15 days of its decision stating the reasons for this derogation and its duration.
2. Member States shall report to the Commission only those derogations referred to in paragraph 1 which relate to a daily water supply of at least 1 000 m3 or a population of at least 5 000.
3. In no case shall the derogations made by virtue of this Article relate to toxic or microbiological factors or constitute a public health hazard.
Article 10
1. In the event of emergencies, the competent national authorities may, for a limited period of time and up to a maximum value to be determined by them, allow the maximum admissible concentration shown in Annex I to be exceeded, provided that this does not constitute an unacceptable risk to public health and provided that the supply of water for human consumption cannot be maintained in any other way.
2. Without prejudice to the application of Directive 75/440/EEC, and in particular Article 4 (3) thereof, when, for its supply of drinking water, a Member State is obliged to resort to surface water which does not reach the concentrations required of category A3 water within the meaning of Article 2 of the aformentioned Directive and when it cannot devise suitable treatment to obtain drinking water of the quality laid down by this Directive, it may, for a limited period of time and up to a maximum permissible value which it shall determine, authorize the maximum admissible concentration shown in Annex I to be exceeded provided that this does not constitute an unacceptable risk to public health.
3. Member States which have recourse to the derogations referred to in this Article shall immediately inform the Commission thereof, stating the reasons for and probable duration of such derogations.
Article 11
Member States shall ensure that all necessary measures taken to apply the provisions taken pursuant to this Directive shall in no case have the effect of allowing, directly or indirectly, either any deterioration in the present quality of water intended for human consumption or an increase in the pollution of waters used for the production of drinking water.
Article 12
1. Member States shall take all necessary steps to ensure regular monitoring of the quality of water intended for human consumption.
2. All water intended for human consumption shall be monitored at the point where it is made available to the user in order to check whether it meets the requirements laid down in Annex I.
3. The points of sampling shall be determined by the competent national authorities.
4. For such monitoring, Member States shall conform with Annex II.
5. Member States shall as far as practicable use the reference methods of analysis set out in Annex III.
Laboratories using other methods shall ensure that the results thus obtained are equivalent to or comparable with the results obtained by the methods indicated in Annex III.
Article 13
Such changes as are necessary for adapting the reference methods of analysis set out in Annex III to scientific and technical progress shall be adopted in accordance with the procedure laid down in Article 15.
Article 14
(a) A Committee on the Adaptation to Scientific and Technical Progress, hereinafter called "the Committee", is hereby set up ; it shall consist of representatives of the Member States with a representative of the Commission as chairman.
(b) The Committee shall adopt its own rules of procedure.
Article 15
1. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the Committee by its chairman, either on his own initiative or at the request of a representative of a Member State.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall give its opinion on that draft within a time limit set by the chairman having regard to the urgency of the matter. Opinions shall be adopted by a majority of 41 votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.
3. (a) Where the measures envisaged are in accordance with the opinion of the Committee, the Commission shall adopt them.
(b) Where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken. The Council shall act by a qualified majority.
(c) If, within three months of the proposal being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 16
Without prejudice to Article 4 (2), Member States may lay down more stringent provisions than those provided for in this Directive for water intended for human consumption.
Article 17
Member States may adopt special provisions regarding information - both on packaging or labels and in advertising - concerning a water's suitability for the feeding of infants. Such provisions may also concern the properties of the water which determine the use of the said information.
Member States which intend taking such measures shall inform the other Member States and the Commission of them beforehand.
Article 18
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive and its Annexes within two years following its notification. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 19
The Member States shall take the necessary measures to ensure that the quality of water intended for human consumption complies with this Directive within five years of its notification.
Article 20
Member States may, in exceptional cases and for geographically defined population groups, submit a special request to the Commission for a longer period for complying with Annex I.
This request, for which grounds must be duly put forward, shall set out the difficulties experienced and must propose an action programme with an appropriate timetable to be undertaken for the improvement of the quality of water intended for human consumption.
The Commission shall examine these programmes, including the timetables. In the case of disagreement with the Member State concerned, the Commission shall submit appropriate proposals to the Council.
Article 21
This Directive is addressed to the Member States. | [
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31980L0779 | 1980 | Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the European Communities' programmes of action on the environment of 1973 (3) and 1977 (4) provide that priority is to be given to measures against sulphur dioxide and suspended particulates because of their toxicity and the current state of knowledge of their effects on human health and the environment;
Whereas, since any discrepancy between the provisions already applicable or being prepared in the various Member States with regard to sulphur dioxide and suspended particulates could give rise to unequal conditions of competition and could consequently directly affect the functioning of the common market, the legislative provisions in this area should be harmonized as prescribed in Article 100 of the Treaty;
Whereas one of the basic tasks of the European Economic Community is to promote throughout the Community a harmonious development of economic activities and a continued and balanced expansion ; whereas such an achievement is inconceivable without measures to combat pollution, improve the quality of life and protect the environment ; whereas, since the Treaty has not provided the necessary powers in this field, Article 235 of the Treaty must be invoked;
Whereas, in order to protect human health in particular, it is necessary to set for these two pollutants limit values which must not be exceeded in the territory of the Member States during specified periods ; whereas these values should be based on the findings reached in the framework of the WHO, particularly with regard to the dose/effect relationships established for sulphur dioxide and suspended particulates taken together;
Whereas, despite the measures taken, it may not be possible to comply with these limit values in certain zones ; whereas the Member States must therefore be allowed temporary derogations on condition that they forward to the Commission plans for the progressive improvement of the quality of the air in those zones;
Whereas guide values should also be set to serve as long-term precautions for health and the environment and as reference points for the establishment of specific schemes within zones determined by the Member States;
Whereas the measures taken pursuant to this Directive must be economically feasible and compatible with balanced development;
Whereas it is necessary to establish suitable monitoring of air quality and particularly of observance of the limit values ; whereas the Member States should therefore be obliged to establish measuring stations to supply the data necessary for the application of the Directive;
Whereas since different sampling and analysis methods are applied in the Member States, it is necessary to permit, under certain conditions, the use of sampling and measurement methods other than the reference methods laid down in the Directive;
Whereas, since some Member States use particular methods of sampling and analysis which cannot easily be correlated with the reference methods, it is necessary that the Directive specify different limit values which are to be respected where such methods are used ; whereas the Member States concerned should also carry out parallel measurements at a series of representative (1)OJ No C 83, 4.4.1977, p. 44. (2)OJ No C 204, 30.8.1976, p. 34. (3)OJ No C 112, 20.12.1973, p. 1. (4)OJ No C 139, 13.6.1977, p. 1. stations using the reference methods in addition to their own methods of measurement ; whereas the Commission must make further proposals in the light of these parallel measurements and of the need to avoid discriminatory provisions;
Whereas the subsequent development of reference methods of sampling and analysis referred to in this Directive may be desirable in the light of technical and scientific progress in this area ; whereas in order to facilitate implementation of the work necessary to this end, a procedure should be set up to establish close cooperation between the Member States and the Commission within a Committee on Adaptation to Scientific and Technical Progress,
Article 1
The purpose of this Directive is to fix limit values (Annex I) and guide values (Annex II) for sulphur dioxide and suspended particulates in the atmosphere and the conditions for their application in order to improve: - the protection of human health,
- the protection of the environment.
Article 2
1. "Limit values" means: - the concentrations of sulphur dioxide and suspended particulates considered simultaneously in accordance with Table A in Annex I, and
- the concentrations of suspended particulates considered separately in accordance with Table B in Annex I,
which, in order to protect human health in particular, must not be exceeded throughout the territory of the Member States during specified periods and under the conditions laid down in the following Articles.
2. "Guide values" means the concentrations of sulphur dioxide and suspended particulates over specified periods which are given in Annex II and are intended to serve as: - long-term precautions for health and the environment,
- reference points for the establishment of specific schemes within zones determined by the Member States.
Article 3
1. Member States shall take appropriate measures to ensure that as from 1 April 1983 the concentrations of sulphur dioxide and suspended particulates in the atmosphere are not greater than the limit values given in Annex I, without prejudice to the following provisions.
2. Where a Member State considers that there is a likelihood that, despite the measures taken, the concentrations of sulphur dioxide and suspended particulates in the atmosphere might, after 1 April 1983, exceed in certain zones the limit values given in Annex I, it shall inform the Commission thereof before 1 October 1982.
It shall at the same time forward to the Commission plans for the progressive improvement of the quality of the air in those zones. These plans, drawn up on the basis of relevant information on the nature, origin and evolution of the pollution, shall describe in particular the measures taken or to be taken and the procedures implemented or to be implemented by the Member State concerned. These measures and procedures must bring the concentrations of sulphur dioxide and suspended particulates in the atmosphere within these zones to values below or equal to the limit values given in Annex I as soon as possible and by 1 April 1993 at the latest.
Article 4
1. In the zones in which the Member State concerned considers it necessary to limit or prevent a foreseeable increase in pollution by sulphur dioxide and suspended particulates in the wake of development, in particular urban or industrial development, the Member State shall, taking the guide values in Annex II as a reference point, fix values which must be lower than the limit values in Annex I.
2. In zones on its territory which the Member State concerned considers should be afforded special environmental protection, the Member State shall fix values which are generally lower than the guide values in Annex II.
3. Member States shall inform the Commission of the values, deadlines and timetables they have laid down for the zones referred to in paragraphs 1 and 2, and of any appropriate measures they have taken.
Article 5
In addition to the provisions referred to in Article 3 (1) and Article 4 (1), Member States shall, with the object of taking further precautions for the protection of health and the environment, endeavour to move towards the guide values in Annex II wherever the measured concentrations are higher than these values.
Article 6
Member States shall establish measuring stations designed to supply the data necessary for the application of this Directive, in particular in zones where the limit values referred to in Article 3 (1) are likely to be approached or exceeded and in the zones referred to in Article 3 (2) ; the stations must be located at sites where pollution is thought to be greatest and where the measured concentrations are representative of local conditions.
Article 7
1. Following the entry into force of this Directive, Member States shall inform the Commission, not later than six months after the end (31 March) of the annual reference period, of instances in which the limit values laid down in Annex I have been exceeded and of the concentrations recorded.
2. They shall also notify the Commission, not later than one year after the end of the annual reference period, of the reasons for such instances and of the measures they have taken to avoid their recurrence.
3. In addition, Member States shall forward information to the Commission, at its request, on the concentrations of sulphur dioxide and suspended particulates in any zones they have designated pursuant to Article 4 (1) and (2).
Article 8
The Commission shall each year publish a summary report on the application of this Directive.
Article 9
Application of the measures taken pursuant to this Directive must not bring about a significant deterioration in the quality of the air where the level of pollution by sulphur dioxide and suspended particulates at the time of implementation of this Directive is low in relation to the limit values set out in Annex I.
Article 10
1. For the purposes of applying this Directive, the Member States shall use either the reference methods of sampling and analysis referred to in Annex III or any other method of sampling and analysis in respect of which they demonstrate to the Commission at regular intervals: - either that it ensures satisfactory correlation of results with those obtained using the reference method;
- or that measurements taken in parallel with the reference method at a series of representative stations chosen in accordance with the requirements laid down in Article 6 show that there is a reasonably stable relationship between the results obtained using that method and those obtained using the reference method.
2. Without prejudice to the provisions of this Directive, a Member State may also use, pending the decision of the Council on the proposals from the Commission referred to in paragraph 4, the sampling and analysis methods laid down in Annex IV and the values associated with these methods also laid down in Annex IV in substitution for the limit values set out in Annex I.
3. A Member State which decides to avail itself of the provisions of paragraph 2 must however take measurements in parallel at a series of representative measuring stations, chosen in accordance with the requirements of Article 6, in order to verify the corresponding stringency of the limit values set out in Annex IV and Annex I. The results of these parallel measurements, including in particular instances in which the limit values laid down in Annex I have been exceeded and the concentrations recorded, shall be forwarded to the Commission at regular intervals, and at least twice a year, for incorporation in the annual report provided for in Article 8.
4. The Commission shall, after five years, but within six years of the expiry of the limit of 24 months specified in Article 15 (1), submit a report to the Council on the results of the parallel measurements carried out under paragraph 3 and shall, having regard in particular to these results and to the need to avoid discriminatory provisions, make proposals relating to paragraph 2 and Annex IV. In the report provided for in Article 8 the Commission will indicate whether it has noted instances in which the limit values fixed in Annex I have been exceeded to a significant extent on repeated occasions.
5. The Commission shall, in selected locations in the Member States and in cooperation with the latter, carry out studies on the sampling and analysis of sulphur dioxide, and of black smoke and suspended particulates. These studies shall be designed in particular to promote the harmonization of methods of sampling and analysis of these pollutants.
Article 11
1. Where Member States fix in border regions values for concentrations of sulphur dioxide and suspended particulates in the atmosphere in accordance with Article 4 (1) and (2), they shall hold prior consultations. The Commission may attend such consultations.
2. Where the limit values given in Annex I or the values referred to in Article 4 (1) and (2), inasmuch as the latter values have been the subject of consultations in accordance with paragraph 1, are or might be exceeded following significant pollution which originates or may have originated in another Member State, the Member States concerned shall hold consultations with a view to remedying the situation. The Commission may attend such consultations.
Article 12
The procedure laid down in Articles 13 and 14 for the adaptation on this Directive to technical progress shall cover the subsequent development of the reference methods of sampling and analysis referred to in Annex III. This adaptation must not result in any direct or indirect modification of effective concentration values given in Annexes I and II.
Article 13
1. For the purpose of Article 12 a Committee on the adaptation of this Directive to scientific and technical progress, hereinafter called "the Committee", shall be set up ; it shall consist of representatives of the Member States, with a Commission representative as chairman.
2. The Committee shall adopt its own rules of procedure.
Article 14
1. Where the procedure laid down in this Article is invoked, the Committee shall be convened by the chairman, either on his own initiative or at the request of the representative of a Member State.
2. The Commission representative shall submit a draft of the measures to be taken to the Committee. The Committee shall give its opinion on the draft within a time limit set by the chairman having regard to the urgency of the matter. Decisions shall be taken by a majority of 41 votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.
3. The Commission shall adopt the proposed measures if they are consistent with the opinion of the Committee.
Where the proposed measures are not consistent with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken. The Council shall decide by a qualified majority.
If within three months of the proposal being submitted to it the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 15
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 24 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.
Article 16
This Directive is addressed to the Member States. | [
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31980L0780 | 1980 | Council Directive 80/780/EEC of 22 July 1980 on the approximation of the laws of the Member States relating to rear-view mirrors for two-wheeled motor vehicles with or without a side-car and to their fitting on such vehicles
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the technical requirements which two-wheeled vehicles must satisfy pursuant to national laws relate inter alia to their rear-view mirrors;
Whereas these requirements, whether already in force or merely in draft, differ from one Member State to another ; whereas to eliminate the barriers to trade arising therefrom, all Member States should adopt the same requirements either in addition to or in place of their existing requirements;
Whereas the number and use of two-wheeled vehicles is increasing ; whereas it is therefore necessary for these vehicles to be fitted with one or two rear-view mirrors designed to give a view to the rear and to the sides of the vehicle;
Whereas a harmonized type-approval procedure for such rear-view mirrors makes it possible for each Member State to check compliance with the common construction and testing requirements and to inform the other Member States of its findings by sending them copies of the EEC component type-approval certificate completed for each type of rear-view mirror ; whereas the placing of an EEC type-approval mark on all mirrors manufactured in conformity with the approved type obviates any need for technical checks on these mirrors in the other Member States,
Article 1
1. Each Member State shall grant EEC component type-approval for any type of rear-view mirror intended to be fitted on the vehicles referred to in Article 7, which satisfies the construction and testing requirements laid down in Annex I.
2. A Member State which has granted EEC, component type-approval shall take the measures required to verify, in so far as is necessary and if need be in cooperation with the competent authorities in the other Member States, that production models conform to the approved type. Such verification shall be limited to spot checks.
Article 2
Member States shall, for each type of rear-view mirror which they approve pursuant to Article 1, issue to the manufacturer or to his authorized representative an EEC component type-approval mark conforming to the model shown in the Appendix to Annex I.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between rear-view mirrors which have been component type-approved pursuant to Article 1 and other mirrors.
Article 3
1. No Member State may prohibit the placing on the market of rear-view mirrors on grounds relating to their construction or method of functioning if they bear the EEC component type-approval mark.
2. Nevertheless, this provision shall not prevent a Member State from taking such measures in respect of rear-view mirrors bearing the EEC component type-approval mark which consistently fail to conform to the approved type.
That State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision. The provisions of Article 5 shall also apply. (1)OJ No C 197, 4.8.1980, p. 66. (2)OJ No C 182, 21.7.1980, p. 2.
There shall be failure to conform to the approved type, within the meaning of paragraph 1, where the requirements of Annex I are not observed.
Article 4
The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States copies of the EEC component type-approval certificates completed for each type of rear-view mirror which they approve or refuse to approve.
Article 5
1. If the Member State which has granted EEC component type-approval finds that a number of rear-view mirrors bearing the same EEC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken, which may, if necessary, extend to withdrawal of EEC component type-approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.
2. The competent authorities of the Member States shall within one month inform each other of any withdrawal of EEC component type-approval, and of the reasons for any such measure.
3. If the Member State which has granted EEC component type-approval disputes a failure to conform notified to it, the Member States concerned shall endeavour to settle the dispute. The Commission shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.
Article 6
Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw component type-approval for a rear-view mirror or to prohibit its placing on the market or use shall set out in detail the reasons on which it is based. Such decision shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.
Article 7
For the purposes of this Directive, "vehicle" means any two-wheeled vehicle with or without a side-car, fitted with an engine, intended for use on the road and having a maximum design speed of more than 25 km/h.
Article 8
For the purposes of this Directive, "national type-approval" means the administrative procedure known as: - "agréation par type/aanneming" in Belgian law,
- "standardtypegodkendelse" in Danish law,
- "allgemeine Betriebserlaubnis" in German law,
- "réception par type" in French law,
- "type-approval" in Irish law,
- "omologazione" or "approvazione del tipo" in Italian law,
- "agréation" in Luxembourg law,
- "typegoedkeuring" in Dutch law,
- "type-approval" in United Kingdom law.
Article 9
1. At the request of a manufacturer or his authorized representative, Member States shall check that a type of vehicle complies with the requirements of Annex II. No application in respect of any one type of vehicle may be submitted to more than one Member State.
2. When the checks have been completed, the Member State shall issue a rear-view mirror certificate for the vehicle, hereinafter called "the certificate", using the model given in the Appendix to Annex II, and specifying in particular whether or not the type of vehicle complies with the requirements of this Directive.
3. The Member State which issued the certificate stating that a type of vehicle complies with the requirements of this Directive shall take the necessary measures to verify, in so far as is necessary and if need be in cooperation with the competent authorities of the other Member States, that production models conform to the type for which the certificate was issued. Such verification shall be limited to spot checks.
Article 10
The competent authorities of a Member State shall within one month send to the competent authorities of the Member States a copy of the certificates for each type of vehicle which they have checked. The applicant shall also be issued with a copy of the certificate. The other Member States shall treat this document as proof that the requirements of this Directive have been met.
Article 11
1. In those Member States where vehicles or certain categories thereof are subject to national type-approval, that approval shall be based on the requirements of this Directive instead of the corresponding national requirements if the manufacturer or his authorized representative so requests.
2. No Member State where vehicles or certain categories thereof are not subject to national type-approval may refuse the registration or prohibit the sale, entry into service or use of such vehicles on the grounds that the requirements of this Directive have been complied with instead of the corresponding national requirements.
Article 12
1. The Member State which has issued the certificate stating that a type of vehicle complies with the requirements of this Directive shall take the necessary measures to ensure that it is informed of any modification to the type of vehicle or if production of the type of vehicle has ceased.
2. If the State in question considers that such a modification does not require an amendment to the data on the basis of which the certificate was issued, the competent authorities of that State shall so inform the manufacturer or his authorized representative.
3. If, however, the State in question finds that a modification warrants fresh checks and that it is accordingly necessary to amend the existing certificate or draw up a fresh certificate, the competent authorities of that State shall so inform the manufacturer or his authorized representative, and shall, within one month from the date on which the new documents were drawn up, forward these documents to the competent authorities of the other member States, together with a note of the frame number of the last vehicle manufactured in conformity with the old certificate and, where appropriate, of the frame number of the first vehicle manufactured in conformity with the amended or new certificate.
Article 13
Any amendments necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure provided for in Article 13 of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by Directive 78/547/EEC (2).
Article 14
1. Member States shall bring into force the provisions necessary to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 15
This Directive is addressed to the Member States. | [
"UKSI19811732"
] |
31980L0737 | 1980 | Council Directive 80/737/EEC of 22 July 1980 on summertime arrangements
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ),
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),
WHEREAS ALL THE MEMBER STATES HAVE INTRODUCED SUMMERTIME ;
WHEREAS , HOWEVER , THE DATES FOR THE START AND END OF THE SUMMERTIME PERIOD DIFFER AMONG GROUPS OF MEMBER STATES ;
WHEREAS THE EFFECT OF SUCH DIFFERENCES IS TO COMPLICATE TRANSPORT AND TELECOMMUNICATIONS BETWEEN THESE GROUPS OF MEMBER STATES , THEREBY MAKING TRANSPORT OPERATIONS MORE COMPLICATED AND COSTLY ;
WHEREAS IT IS THEREFORE DESIRABLE FOR THE SUMMERTIME PERIOD TO BEGIN AND END ON THE SAME DATES IN ALL THE MEMBER STATES ; WHEREAS THIS CAN BE ACHIEVED IN THE FIRST INSTANCE SOLELY IN RESPECT OF THE START OF THIS PERIOD ;
WHEREAS IT IS ALSO DESIRABLE THAT THE COUNCIL ADOPT AS QUICKLY AS POSSIBLE A COMMON DATE FOR THE END OF THE SUMMERTIME PERIOD AND , IN DUE COURSE , A SINGLE PERIOD OF SUMMERTIME ;
WHEREAS , FOR GEOGRAPHICAL REASONS , THESE PROVISIONS SHOULD NOT APPLY TO GREENLAND NOR TO THE OVERSEAS TERRITORIES OF THE MEMBER STATES ,
ARTICLE 1
FOR THE PURPOSES OF THIS DIRECTIVE , ' SUMMERTIME PERIOD ' MEANS THE PERIOD OF THE YEAR DURING WHICH THE TIME IS ADVANCED BY 60 MINUTES IN RELATION TO THE TIME FOR THE REST OF THE YEAR .
ARTICLE 2
THE SUMMERTIME PERIOD SHALL BEGIN IN EVERY MEMBER STATE AT 1 A.M . GREENWICH MEAN TIME ON THE FOLLOWING DATES :
- IN 1981 : 29 MARCH ,
- IN 1982 : 28 MARCH .
ARTICLE 3
THIS DIRECTIVE SHALL NOT CONCERN GREENLAND OR THE OVERSEAS TERRITORIES OF THE MEMBER STATES .
ARTICLE 4
THE COUNCIL , ACTING ON A COMMISSION PROPOSAL AND AS SOON AS POSSIBLE , WILL ADOPT MORE COMPREHENSIVE MEASURES FOR THE HARMONIZATION OF SUMMERTIME .
ARTICLE 5
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES . | [
"UKPGA19720006"
] |
31980L0891 | 1980 | COMMISSION DIRECTIVE of 25 July 1980 relating to the Community method of analysis for determining the erucic acid content in oils and fats intended to be used as such for human consumption and foodstuffs containing added oils or fats (80/891/EEC)
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 76/621/EEC of 20 July 1976 relating to the fixing of the maximum level of erucic acid in oils and fats intended as such for human consumption and in foodstuffs containing added oils or fats (1), and in particular Article 3 thereof,
Whereas Article 2 of Directive 76/621/EEC provides that, as from 1 July 1979, the erucic acid content of the products referred to in Article 1 of that Directive, calculated on the total level of fatty acids in the fat component, may not be greater than 5 %;
Whereas Article 3 of Directive 76/621/EEC provides that the erucic acid content shall be determined by a Community method of analysis;
Whereas Regulation (EEC) No 1470/68 of 23 September 1968 on the drawing and reduction of samples and the determination of the oil content, impurities and moisture in oil seeds (2), lays down in Annex VI, as introduced by Regulation (EEC) No 72/77 (3), a method of analysis determining the erucic acid content of colza and rape seeds; whereas this method should be used as a screening method;
Whereas it is not possible, when the constituent fatty acids of oils and fats are analyzed by gas-liquid chromatography under normal conditions, to distinguish erucic acid from other isomers of docosenoic acid such as cetoleic acid;
Whereas it is necessary to determine the level of erucic acid in oils and fats, as well as in foodstuffs to which oils or fats have been added, which may contain cetoleic acid and other isomers of docosenoic acid;
Whereas the level of erucic acid need not be determined in oils and fats and in foodstuffs to which oils or fats have been added when, after using the screening analysis methods, they have been found not to contain more than 5 % of total docosenoic acids or of cis-docosenoic acids;
Whereas, pending the introduction of an improved method of analysis for the determination of erucic acid, this method of analysis is considered to be the most suitable at present;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,
Article 1
Member States shall require that the analysis necessary for the determination of the erucic acid content of the products referred to in Article 1 of Directive 76/621/EEC be carried out as laid down in Article 2.
Article 2
1. For screening purposes either of the following shall be determined:
(a)
the total docosenoic acid content of products referred to in Article 1 using the method set out in Annex VI to Regulation (EEC) No 1470/68; or
(b)
the total cis-docosenoic acid content of products referred to in Article 1, by the method set out in Annex VI to Regulation (EEC) No 1470/68 using gas-liquid chromatography in conditions whereby the cis- and trans-isomers of docosenoic acids are separated; stationary phases suitable for this purpose are, for example, the cyanopropylpolysiloxanes or liquid crystals.
2. If the total content of either:
(a)
docosenoic acids, determined according to paragraph 1 (a), or
(b)
cis-docosenoic acids, determined according to paragraph 1 (b),
of the products referred to in Article 1, calculated on their total fatty acid content in the fat component, does not exceed 5 %, no further determination shall be required. Otherwise, the erucic acid content shall be determined by the method set out in the Annex hereto.
Article 3
Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 1 February 1982. They shall forthwith inform the Commission thereof.
Article 4
This Directive is addressed to the Member States. | [
"UKSI19820264"
] |
31980L1267 | 1980 | Council Directive 80/1267/EEC of 16 December 1980 amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type- approval of motor vehicles and their trailers
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the provisions relating to the fuel consumption and engine power of motor vehicles differ in some Member States from those in others ; whereas it is therefore necessary that common provisions be henceforward adopted either in addition to or in place of the provisions currently in force in the Member States;
Whereas checks on compliance with these requirements should be carried out under the EEC type-approval procedure for each type of vehicle as laid down in Council Directive 70/156/EEC of 6 February 1970 on the appoximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3), as amended by Directive 78/547/EEC (4) ; whereas that Directive should accordingly be supplemented by inserting the provisions for that purpose in both Annex I (model information document) and Annex II (model EEC type-approval certificate), without prejudice to other amendments to the Directive, in particular those contained in the Commission proposal of 5 January 1977,
Article 1
Annex I to Directive 70/156/EEC shall be amended as follows: 1. section 3.2.5 shall be replaced by the following text:
"3.2.5. Maximum net power : ... kW at ... r/min (q')";
2. section 3.2.6 shall be replaced by the following text:
"3.2.6. Maximum net torque : ... Nm at ... r/min (q')";
3. the following section shall be added:
"3.5. Fuel consumption (q") 3.5.1. Urban cycle : ... l/100 km
3.5.2. Constant speed at 90 km/h : ... l/100 km
3.5.3. Constant speed at 120 km/h : ... l/100 km";
4. the following notes shall be inserted between notes (q) and (r):
"(q') Determined in accordance with the requirements of Directive 80/1267/EEC of 16 December 1980.
(q") Determined in accordance with the requirements of Directive 80/1267/EEC of 16 December 1980".
Article 2
Annex II to Directive 70/156/EEC shall be amended as follows: (1)OJ No C 118, 16.5.1977, p. 29. (2)OJ No C 114, 11.5.1977, p. 1. (3)OJ No L 42, 23.2.1970, p. 1. (4)OJ No L 168, 26.6.1978, p. 39.
>PIC FILE= "T0014253">
Article 3
1. Member States shall bring into force the provisions necessary to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 4
This Directive is adressed to the Member States. | [
"UKSI19820007"
] |
31980L1269 | 1980 | Council Directive 80/1269/EEC of 16 December 1980 on the approximation of the laws of the Member States relating to the engine power of motor vehicles
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the technical requirements which motor vehicles must satisfy pursuant to certain national laws relate inter alia to the method of measuring engine power which must be used to indicate the engine power of a vehicle type;
Whereas those requirements differ from one Member State to another ; whereas this results in technical barriers to trade which must be eliminated by all Member States adopting the same requirements either in addition to or in place of their existing rules, in order in particular to allow the EEC type-approval procedure which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (4), as last amended by Directive 80/1267/EEC (5), to be introduced in respect of each type of vehicle,
Article 1
For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles which run on rails and of agricultural tractors and machinery.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval in respect of a vehicle, or refuse or prohibit the sale, registration, entry into service or use of a vehicle, on grounds relating to its engine power if this has been determined in accordance with Annexes I and II.
Article 3
Any amendments necessary for adapting the requirements of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 4
1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification. They shall forthwith inform the Commission thereof. (1)OJ No C 104, 28.4.1980, p. 9. (2)OJ No C 265, 13.10.1980, p. 76. (3)OJ No C 182, 21.7.1980, p. 3. (5)(4)OJ No L 42, 23.2.1970, p. 1. (6)(5)See page 34 of this Official Journal.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 5
This Directive is addressed to the Member States. | [
"UKSI19820007"
] |
31980L1268 | 1980 | Council Directive 80/1268/EEC of 16 December 1980 on the approximation of the laws of the Member States relating to the fuel consumption of motor vehicles
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the technical requirements which motor vehicles must satisfy pursuant to certain national laws relate inter alia to the method of measuring fuel consumption which must be used to indicate the fuel consumption of a vehicle type;
Whereas those requirements differ from one Member State to another ; whereas this results in technical barriers to trade which must be eliminated by all Member States adopting the same requirements either in addition to or in place of their existing rules, in order in particular to allow the EEC type-approval procedure which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (4), as last amended by Directive 80/1267/EEC (5), to be introduced in respect of each type of vehicle;
Whereas it is of paramount importance to establish a method of measuring fuel consumption by motor vehicles for inclusion in Community requirements;
Whereas a Community method of measuring fuel consumption is also necessary to ensure, in particular, that customers and users are supplied with objective and precise information;
Whereas the requirements of this Directive apply only to motor vehicles in international motor vehicle classification category M1 as set out in Directive 70/156/EEC ; whereas a method of measuring the fuel consumption of the other categories of motor vehicles will be established as soon as certain technical difficulties can be resolved,
Article 1
For the purpose of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeeding 25 km/h, with the exception of vehicles which run on rails and of agricultural tractors and machinery.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval in respect of a vehicle, or refuse or prohibit the sale, registration, entry into service or use of a vehicle, on grounds relating to its fuel consumption if the consumption figures have been determined in accordance with Annexes I and II and are set out in a document given to the vehicle owner at the time of purchase in a manner and form decided on by each Member State.
Article 3
Any amendments necessary for adapting the requirements of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC. (1)OJ No C 104, 28.4.1980, p. 1. (2)OJ No C 265, 13.10.1980, p. 76. (3)OJ No C 182, 21.7.1980, p. 3. (4)OJ No L 42, 23.2.1970, p. 1. (5)See page 34 of this Official Journal.
Article 4
1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification. They shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 5
This Directive is addressed to the Member States. | [
"UKSI19820007"
] |
31981L0036 | 1981 | Council Directive 81/36/EEC of 9 February 1981 amending Annex II to Directive 76/895/EEC relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (1), as last amended by Directive 80/428/EEC (2) and in particular Articles 4 and 8 thereof,
Having regard to the proposal from the Commission,
Whereas Article 4 of Directive 76/895/EEC provides that where a Member State considers that a maximum level fixed in Annex II might endanger the health of humans or of animals other than harmful organisms, that Member State may temporarily reduce that level in its own territory;
Whereas the Kingdom of the Netherlands has invoked the provisions of the aforesaid Article in respect of the maximum levels fixed for dimethoate, omethoate and fenchlorphos;
Whereas fenchlorphos was the subject of the amendments provided for in Directive 80/428/EEC ; whereas the Commission has now completed its further studies on the other two pesticides;
Whereas, on the basis of new scientific data, the maximum level laid down for omethoate in Annex II must be amended;
Whereas it is also desirable to separate completely the maximum levels fixed for dimethoate and omethoate and to make a consequential adjustment to the maximum level laid down for dimethoate;
Whereas, in the absence of a favourable opinion of the Standing Committee on Plant Health, the Commission has not been able, in accordance with the procedure provided for in Article 8 of Directive 76/895/EEC, to adopt the measures it envisaged,
Article 1
Annex II to Directive 76/895/EEC shall be amended as follows:
(1) OJ No L 340, 9.12.1976, p. 26. (2) OJ No L 102, 19.4.1980, p. 26. 1. The provisions concerning dimethoate and omethoate shall be replaced by the following: >PIC FILE= "T0020163">
2. Footnote (3) shall be deleted.
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1982. They shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States. | [
"UKSI19881378"
] |
31981L0177 | 1981 | Council Directive 81/177/EEC of 24 February 1981 on the harmonization of procedures for the export of Community goods
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,
WHEREAS THE COMMUNITY IS BASED UPON A CUSTOMS UNION ;
WHEREAS , WITHOUT PREJUDICE TO THE TRANSITIONAL MEASURES LAID DOWN IN TITLE I , CHAPTER 1 , OF PART FOUR OF THE 1972 ACT OF ACCESSION , THE ESTABLISHMENT OF THE CUSTOMS UNION IS GOVERNED IN THE MAIN BY TITLE I , CHAPTER 1 , OF PART TWO OF THE TREATY ; WHEREAS THAT CHAPTER CONTAINS A SERIES OF SPECIFIC PROVISIONS DEALING WITH THE ELIMINATION OF CUSTOMS DUTIES BETWEEN MEMBER STATES , THE ESTABLISHMENT AND PROGRESSIVE INTRODUCTION OF THE COMMON CUSTOMS TARIFF AND THE AUTONOMOUS ALTERATION OR SUSPENSION OF THE DUTIES OF THE LATTER ;
WHEREAS , WHILE ARTICLE 27 OF THE TREATY PROVIDES THAT MEMBER STATES SHALL , BEFORE THE END OF THE FIRST STAGE , IN SO FAR AS MAY BE NECESSARY , TAKE STEPS TO APPROXIMATE THEIR PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO CUSTOMS MATTERS , IT DOES NOT EMPOWER THE COMMUNITY INSTITUTIONS TO ISSUE BINDING PROVISIONS IN THAT FIELD ; WHEREAS , HOWEVER , A THOROUGH EXAMINATION UNDERTAKEN JOINTLY WITH THE MEMBER STATES HAS SHOWN THE NEED IN CERTAIN FIELDS FOR DECISION , BY BINDING ACTS OF THE COMMUNITY , UPON MEASURES ESSENTIAL FOR THE INTRODUCTION OF CUSTOMS ARRANGEMENTS WHICH WILL ENSURE UNIFORM APPLICATION OF THE VARIOUS COMMUNITY PROVISIONS GOVERNING TRADE BETWEEN THE COMMUNITY AND THIRD COUNTRIES ;
WHEREAS THE PROCEDURAL RULES LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN THE MEMBER STATES RELATING TO THE EXPORT OF GOODS ARE FRAMED MAINLY IN THE LIGHT OF NATIONAL INTERESTS ; WHEREAS THEY DO NOT ALWAYS TAKE SUFFICIENT ACCOUNT OF THE REQUIREMENTS OF THE CUSTOMS UNION ON WHICH THE COMMUNITY IS BASED ;
WHEREAS THESE PROVISIONS ALSO SHOW CONSIDERABLE DISPARITIES IN CERTAIN CASES , WHICH RESULT IN THE APPLICATION , UNDER DIFFERING CONDITIONS , OF EXPORT DUTIES OF THE OTHER COMMUNITY PROVISIONS TO WHICH THE EXPORT OF COMMUNITY GOODS FROM THE CUSTOMS TERRITORY OF THE COMMUNITY MAY GIVE RISE ; WHEREAS THE RESULTING DISTORTIONS OF TREATMENT FOR COMMUNITY EXPORTERS , DEPENDING ON THE MEMBER STATE IN WHICH THE CUSTOMS CLEARANCE FORMALITIES ARE CARRIED OUT , MAY LEAD TO DEFLECTIONS OF TRADE AND ARTIFICIAL MOVEMENT OF ACTIVITIES ;
WHEREAS THESE PROVISIONS DIRECTLY AFFECT THE ESTABLISHMENT AND OPERATION OF THE COMMON MARKET ;
WHEREAS , TAKING INTO ACCOUNT THE PROGRESS MADE IN CREATING THE CUSTOMS UNION , IT IS NECESSARY TO FIX COMMON RULES OF PROCEDURE FOR THE EXPORT OF COMMUNITY GOODS , FROM THE CUSTOMS TERRITORY OF THE COMMUNITY , IN THE FORM OF A DIRECTIVE AT LEAST ;
WHEREAS THESE COMMON RULES MUST MAKE IT POSSIBLE TO ENSURE THE CORRECT APPLICATION OF BOTH EXPORT DUTIES AND ANY OTHER COMMUNITY PROVISIONS TO WHICH THE EXPORT OF COMMUNITY GOODS FROM THE CUSTOMS TERRITORY OF THE COMMUNITY MAY GIVE RISE ; WHEREAS , HOWEVER , SUCH RULES MUST DISPENSE WITH ALL UNNECESSARY FORMALITIES ; WHEREAS , MOREOVER , THEY MUST BE SUFFICIENTLY FLEXIBLE TO BE ADAPTABLE TO DIFFERING CIRCUMSTANCES AND TO TAKE INTO ACCOUNT PROGRESS IN ADMINISTRATIVE TECHNIQUES , PARTICULARLY WITH REGARD TO DATA PROCESSING ;
WHEREAS IT IS IMPORTANT TO ENSURE UNIFORM APPLICATION OF THESE COMMON RULES AND TO PROVIDE , FOR THIS PURPOSE , A COMMUNITY PROCEDURE WHICH WILL ALLOW THE MEASURES FOR IMPLEMENTING THEM TO BE ADOPTED WITHIN APPROPRIATE TIME LIMITS ,
ARTICLE 1
1 . WITHOUT PREJUDICE TO ANY SPECIAL PROVISIONS WHICH HAVE BEEN , OR WILL BE , ADOPTED UNDER SPECIFIC CUSTOMS ARRANGEMENTS OR THE COMMON AGRICULTURAL POLICY , THIS DIRECTIVE DETERMINES THE RULES WHICH SHALL BE LAID DOWN IN THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES IN RESPECT OF THE EXPORT FROM THE CUSTOMS TERRITORY OF THE COMMUNITY OF GOODS FULFILLING THE CONDITIONS LAID DOWN IN ARTICLE 9 ( 2 ) OF THE TREATY .
GOODS SENT TO THE ISLAND OF HELIGOLAND SHALL NOT BE REGARDED AS EXPORTS FROM THE CUSTOMS TERRITORY OF THE COMMUNITY .
2 . FOR THE PURPOSES OF THIS DIRECTIVE :
( A ) EXPORT DUTIES MEAN THE AGRICULTURAL LEVIES AND OTHER CHARGES PROVIDED FOR UNDER THE COMMON AGRICULTURAL POLICY OR THE SPECIFIC ARRANGEMENTS APPLICABLE , PURSUANT TO ARTICLE 235 OF THE TREATY , TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS ;
( B ) CUSTOMS OFFICE MEANS ANY OFFICE COMPETENT TO ACCEPT THE EXPORT DECLARATION REFERRED TO IN ARTICLE 2 .
3 . COMPONENT PARTS OF INDUSTRIAL PLANT COMING UNDER A SINGLE HEADING IN THE NOMENCLATURE OF GOODS FOR THE EXTERNAL TRADE STATISTICS OF THE COMMUNITY ( NIMEXE ) IN ACCORDANCE WITH THE DECISIONS ADOPTED IN THIS FIELD PURSUANT TO COUNCIL REGULATION ( EEC ) NO 1736/75 OF 24 JUNE 1975 ON THE EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND STATISTICS OF TRADE BETWEEN MEMBER STATES SHALL BE DEEMED TO CONSITUTE A SINGLE ITEM OF GOODS ( 3 ) .
TITLE I
GENERAL PROCEDURE
ARTICLE 2
THE EXPORT FROM THE CUSTOMS TERRITORY OF THE COMMUNITY OF THE GOODS REFERRED TO IN ARTICLE 1 ( 1 ) SHALL BE CONDITIONAL UPON THE LODGING AT A CUSTOMS OFFICE , IN ACCORDANCE WITH THE CONDITIONS LAID DOWN IN THIS DIRECTIVE , OF AN EXPORT DECLARATION ( HEREINAFTER REFERRED TO AS " THE DECLARATION " ) .
THE NATURAL OR LEGAL PERSON WHO MAKES THE DECLARATION SHALL HEREINAFTER BE REFERRED TO AS " THE DECLARANT " .
ARTICLE 3
1 . THE DECLARATION SHALL BE MADE IN WRITING ON A FORM CORRESPONDING TO THE APPROPRIATE OFFICIAL MODEL DETERMINED BY THE COMPETENT AUTHORITIES IN ACCORDANCE WITH THE COMMUNITY PROVISIONS IN FORCE . IT SHALL BE SIGNED AND CONTAIN THE PARTICULARS NECESSARY FOR THE IDENTIFICATION OF THE GOODS AND , WHERE APPROPRIATE , FOR THE APPLICATION OF THE EXPORT DUTIES AND ANY OTHER PROVISIONS GOVERNING THE EXPORT OF THE GOODS .
2 . THE DECLARATION SHALL BE ACCOMPANIED BY ALL THE DOCUMENTS REQUIRED FOR THE CORRECT APPLICATION OF THE EXPORT DUTIES AND ANY OTHER PROVISIONS GOVERNING THE EXPORT OF THE GOODS .
ARTICLE 4
FOR THE PURPOSE OF MAKING THE DECLARATION AND IN SO FAR AS THE GOODS TO BE EXPORTED ARE UNDER A SPECIFIC CUSTOMS PROCEDURE , THE CUSTOMS AUTHORITY SHALL , UNDER CONDITIONS WHICH IT SHALL SPECIFY , AUTHORIZE THE PRIOR EXAMINATION OF THE SAID GOODS AND THE TAKING OF SAMPLES .
ARTICLE 5
1 . THE GOODS TO BE EXPORTED SHALL BE PRESENTED AT ANY COMMUNITY CUSTOMS OFFICE WHICH IS COMPETENT , IN ACCORDANCE WITH THE PROVISIONS IN FORCE IN THE MEMBER STATE TO WHICH THE OFFICE IS RESPONSIBLE , TO COMPLETE THE EXPORT FORMALITIES RELATING THERETO .
WHERE GOODS ARE CONSIGNED DIRECT FROM A MEMBER STATE TO A PARTICULAR THIRD COUNTRY , THE COMPETENT AUTHORITIES OF THE MEMBER STATE IN QUESTION MAY REQUIRE THE GOODS TO BE PRESENTED AT A COMPETENT CUSTOMS OFFICE WITHIN ITS AUTHORITY .
2 . THE DECLARATION SHALL BE LODGED AT THE CUSTOMS OFFICE AT WHICH THE GOODS ARE PRESENTED . IT MAY BE LODGED ONCE THE GOODS HAVE BEEN PRESENTED THERE .
HOWEVER , THE CUSTOMS AUTHORITY MAY AUTHORIZE THE DECLARATION TO BE LODGED BEFORE THE DECLARANT IS IN A POSITION TO PRESENT THE GOODS . IN THIS CASE , THE CUSTOMS AUTHORITY MAY SET A TIME LIMIT , TO BE DETERMINED ACCORDING TO THE CIRCUMSTANCES , FOR PRESENTATION OF THE GOODS . IF THE GOODS HAVE NOT BEEN PRESENTED WITHIN THIS TIME LIMIT , THE DECLARATION SHALL BE DEEMED NOT TO HAVE BEEN LODGED .
3 . FOR THE PURPOSES OF APPLYING PARAGRAPHS 1 AND 2 , GOODS SHALL BE DEEMED TO HAVE BEEN PRESENTED AT A CUSTOMS OFFICE WHEN THEIR PRESENCE AT THAT CUSTOMS OFFICE , OR AT ANOTHER PLACE DESIGNATED BY THE COMPETENT AUTHORITIES , HAS BEEN NOTIFIED TO THE LATTER IN THE MANNER REQUIRED TO ENABLE THEM TO CONTROL OR INSPECT THEM .
4 . THE DECLARATION SHALL BE LODGED AT THE COMPETENT CUSTOMS OFFICE DURING THE DAYS AND HOURS APPOINTED FOR OPENING .
HOWEVER , THE CUSTOMS AUTHORITY MAY , AT THE REQUEST OF THE DECLARANT AND AT HIS EXPENSE , AUTHORIZE THE DECLARATION TO BE LODGED OUTSIDE THE APPOINTED DAYS AND TIMES .
5 . ANY DECLARATION LODGED WITH THE OFFICIALS OF A CUSTOMS OFFICE IN ANY OTHER PLACE DULY DESIGNATED FOR THAT PURPOSE BY AGREEMENT BETWEEN THE COMPETENT AUTHORITIES AND THE PERSON CONCERNED SHALL BE REGARDED AS HAVING BEEN LODGED IN THE AFOREMENTIONED OFFICE .
6 . THIS ARTICLE SHALL NOT PRECLUDE THE APPLICATION OF NATIONAL PROVISIONS WHICH THE MEMBER STATES MAY ADOPT ON THE BASIS OF ARTICLE 36 OF THE TREATY , WHEN THE GOODS DECLARED IN A MEMBER STATE FOR EXPORT OUTSIDE THE CUSTOMS TERRITORY OF THE COMMUNITY ARE REQUIRED TO PASS THROUGH THE TERRITORY OF ANOTHER MEMBER STATE .
ARTICLE 6
1 . ONLY DECLARATIONS WHICH COMPLY WITH THE CONDITIONS LAID DOWN IN ARTICLE 3 MAY BE ACCEPTED BY THE CUSTOMS AUTHORITY . SUCH DECLARATIONS SHALL BE ACCEPTED BY THE CUSTOMS AUTHORITY FORTHWITH IN ACCORDANCE WITH THE PROCEDURES LAID DOWN IN EACH MEMBER STATE .
HOWEVER , WHERE , PURSUANT TO ARTICLE 5 ( 2 ) , SECOND SUBPARAGRAPH , A DECLARATION HAS BEEN LODGED BEFORE THE GOODS TO WHICH IT RELATES HAVE ARRIVED AT THE CUSTOMS OFFICE OR AT ANOTHER PLACE DESIGNATED BY THE CUSTOMS AUTHORITY , IT MAY BE ACCEPTED ONLY AFTER THE GOODS IN QUESTION HAVE BEEN PRESENTED TO THE COMPETENT AUTHORITIES , WITHIN THE MEANING OF ARTICLE 5 ( 3 ) .
2 . MEMBER STATES SHALL TAKE ALL NECESSARY STEPS TO ENSURE THAT THE DATE OF ACCEPTANCE OF EACH DECLARATION CAN BE CLEARLY ESTABLISHED FOR THE PURPOSE OF DETERMINING THE OPERATIVE DATE FOR THE APPLICATION OF ARTICLE 11 , WHERE APPROPRIATE .
ARTICLE 7
1 . THE DECLARANT SHALL , AT HIS REQUEST , BE AUTHORIZED TO CORRECT DECLARATIONS ACCEPTED BY THE CUSTOMS AUTHORITY UNDER THE CONDITIONS LAID DOWN IN ARTICLE 6 , AS REGARDS ONE OR MORE OF THE PARTICULARS REFERRED TO IN ARTICLE 3 ( 1 ) , SUBJECT TO THE FOLLOWING :
( A ) THE CORRECTION SHALL BE REQUESTED BEFORE THE GOODS ARE RELEASED FROM THE CUSTOMS OFFICE OR PLACE DESIGNATED FOR THAT PURPOSE , UNLESS THE REQUEST RELATES TO DETAILS WHICH THE CUSTOMS AUTHORITY CAN CHECK AS BEING CORRECT WITHOUT THE GOODS BEING PRESENT ;
( B ) THE CORRECTION MAY NO LONGER BE ALLOWED WHERE THE REQUEST IS MADE AFTER THE CUSTOMS AUTHORITY HAS INFORMED THE DECLARANT THAT IT INTENDS TO EXAMINE THE GOODS OR THAT IT HAS ITSELF ESTABLISHED THAT THE PARTICULARS IN QUESTION ARE INCORRECT ;
( C ) THE CORRECTION SHALL NOT RESULT IN THE APPLICATION OF THE DECLARATION TO GOODS OTHER THAN THOSE TO WHICH IT ORIGINALLY RELATED .
2 . THE CUSTOMS AUTHORITY MAY ALLOW OR REQUIRE THAT THE CORRECTIONS REFERRED TO IN PARAGRAPH 1 BE MADE BY THE LODGING OF A NEW DECLARATION INTENDED TO REPLACE THE ORIGINAL DECLARATION . IN THAT EVENT , THE DATE FOR DETERMINING THE EXPORT DUTIES RELATING TO THE GOODS IN QUESTION AND FOR THE APPLICATION OF ANY OTHER EXPORT PROVISIONS SHALL BE THAT OF THE ACCEPTANCE OF THE ORIGINAL DECLARATION .
ARTICLE 8
1 . SO LONG AS THE GOODS HAVE NOT LEFT THE CUSTOMS TERRITORY OF THE COMMUNITY , THE DECLARANT MAY REQUEST THAT THE RELEVANT DECLARATION BE CANCELLED OR , WHERE THE LEGISLATION OF THE MEMBER STATE CONCERNED DOES NOT PERMIT SUCH CANCELLATION , THAT IT BE INVALIDATED .
HOWEVER , WHEN THE CUSTOMS AUTHORITY HAS INFORMED THE DECLARANT OF ITS INTENTION TO EXAMINE THE GOODS IN RESPECT OF WHICH THE DECLARATION WAS MADE , A REQUEST FOR CANCELLATION OR INVALIDATION MAY NOT BE MADE UNTIL THIS EXAMINATION HAS TAKEN PLACE .
2 . THE CUSTOMS AUTHORITY SHALL NOT AUTHORIZE THE CANCELLATION OR INVALIDATION OF THE DECLARATION UNLESS THE DECLARANT :
( A ) PROVIDES THE COMPETENT AUTHORITIES WITH PROOF THAT THE GOODS HAVE NOT LEFT THE CUSTOMS TERRITORY OF THE COMMUNITY ;
( B ) RETURNS TO THE SAID COMPETENT AUTHORITIES ALL COPIES OF THE EXPORT DECLARATION , TOGETHER WITH ANY OTHER DOCUMENTS DELIVERED TO HIM ON ACCEPTANCE OF THE DECLARATION ;
( C ) WHERE APPROPRIATE , PROVIDES THE COMPETENT AUTHORITIES WITH PROOF THAT THE REFUNDS AND OTHER AMOUNTS GRANTED ON THE STRNGTH OF THE EXPORT DECLARATION FOR THE GOODS IN QUESTION HAVE BEEN REPAID OR THAT THE NECESSARY MEASURES HAVE BEEN TAKEN BY THE SERVICES CONCERNED SO THAT THEY ARE NOT PAID ;
( D ) WHERE APPROPRIATE , AND IN ACCORDANCE WITH THE PROVISIONS IN FORCE , COMPLIES WITH THE OTHER OBLIGATIONS WHICH MAY BE SET BY THE COMPETENT AUTHORITIES TO REGULARIZE THE POSITION OF THE GOODS .
3 . THE CANCELLATION OR INVALIDATION OF THE DECLARATION SHALL , WHERE APPROPRIATE , RESULT IN THE CANCELLATION OF ATTRIBUTIONS ON ANY EXPORT LICENCE OR ADVANCE-FIXING CERTIFICATE PRESENTED IN SUPPORT OF THE DECLARATION .
4 . THE CANCELLATION OR INVALIDATION OF THE DECLARATION SHALL IN NO WAY PRECLUDE THE APPLICATION OF SANCTIONS FOR AN OFFENCE COMMITTED BY THE DECLARANT .
5 . WHERE THE GOODS DECLARED FOR EXPORT ARE REQUIRED TO LEAVE THE CUSTOMS TERRITORY OF THE COMMUNITY WITHIN A SPECIFIED PERIOD , FAILURE TO RESPECT THE TIME LIMIT SHALL RESULT , IN THE CANCELLATION OR INVALIDATION OF THE RELEVANT DECLARATION , EXCEPT WHERE THE TIME LIMIT IS EXTENDED BY THE COMPETENT AUTHORITIES .
IN THE SITUATION REFERRED TO IN THE FIRST SUBPARAGRAPH , PARAGRAPH 2 ( B ) , ( C ) AND ( D ) AND PARAGRAPH 3 AND 4 SHALL APPLY .
ARTICLE 9
1 . WITHOUT PREJUDICE TO ANY OTHER MEANS OF CONTROL AT ITS DISPOSAL , THE CUSTOMS AUTHORITY MAY EXAMINE ALL OR PART OF THE DECLARED GOODS .
2 . THE GOODS SHALL BE EXAMINED IN THE PLACES DESIGNATED AND DURING THE HOURS APPOINTED FOR THAT PURPOSE .
HOWEVER , THE CUSTOMS AUTHORITY MAY , AT THE REQUEST OF THE DECLARANT , AUTHORIZE THE EXAMINATION OF GOODS IN PLACES OR DURING HOURS OTHER THAN THOSE REFERRED TO ABOVE . ANY COSTS INVOLVED SHALL BE BORNE BY THE DECLARANT .
3 . TRANSPORT OF THE GOODS TO THE PLACES WHERE THEY ARE TO BE EXAMINED , UNPACKING , REPACKING AND ALL OTHER OPERATIONS NECESSITATED BY SUCH EXAMINATION SHALL BE CARRIED OUT BY THE DECLARANT OR ON HIS RESPONSIBILITY . IN ALL CASES , ANY COSTS INVOLVED SHALL BE BORNE BY THE DECLARANT .
4 . THE DECLARANT SHALL BE ENTITLED TO BE PRESENT AT THE EXAMINATION OF THE GOODS OR TO BE REPRESENTED AT IT . IF THE CUSTOMS AUTHORITY SEES FIT , IT MAY REQUIRE THE DECLARANT TO BE PRESENT AT THE EXAMINATION OF THE GOODS , OR TO BE REPRESENTED AT IT IN ORDER TO ASSIST WITH THE EXAMINATION , AS NECESSARY .
5 . WHEN EXAMINING THE GOODS , THE CUSTOMS AUTHORITY MAY TAKE SAMPLES FOR ANALYSIS OR FOR MORE DETAILED EXAMINATION . THE COSTS ARISING FROM SUCH ANALYSIS OR MORE DETAILED EXAMINATION SHALL BE BORNE BY THE ADMINISTRATIVE AUTHORITY .
6 . PARAGRAPH 5 SHALL NOT PRECLUDE APPLICATION OF ARTICLE 8 ( 2 ) OF COUNCIL REGULATION ( EEC ) NO 3035/80 OF 11 NOVEMBER 1980 LAYING DOWN GENERAL RULES FOR GRANTING EXPORT REFUNDS ON CERTAIN AGRICULTURAL PRODUCTS EXPORTED IN THE FORM OF GOODS NOT COVERED BY ANNEX II TO THE TREATY , AND THE CRITERIA FOR FIXING THE AMOUNT OF SUCH REFUNDS ( 4 ) .
ARTICLE 10
1 . THE RESULT OF THE EXAMINATION OF THE DECLARATION AND THE DOCUMENTS ATTACHED TO IT , WHETHER OR NOT COMBINED WITH EXAMINATION OF THE GOODS , SHALL BE USED FOR CALCULATING THE EXPORT DUTIES OR EXPORT REFUNDS AND OTHER EXPORT AMOUNTS AND FOR APPLYING ANY OTHER COMMUNITY PROVISIONS GOVERNING EXPORT OF THE GOODS . WHERE NEITHER THE DECLARATION AND THE DOCUMENTS ATTACHED TO IT , NOR THE GOODS THEMSELVES , ARE EXAMINED , SUCH DUTIES SHALL BE CALCULATED AND SUCH PROVISIONS APPLIED ON THE BASIS OF THE PARTICULARS CONTAINED IN THE DECLARATION .
2 . PARAGRAPH 1 SHALL BE WITHOUT PREJUDICE TO EITHER ANY SUBSEQUENT VERIFICATION BY THE COMPETENT AUTHORITIES OF THE MEMBER STATES OR THE POSSIBLE CONSEQUENCES OF APPLYING THE PROVISIONS IN FORCE , PARTICULARLY AS REGARDS ANY CHANGE IN THE AMOUNT OF THE EXPORT DUTIES CHARGED ON THE GOODS OR OF THE EXPORT REFUNDS OR OTHER EXPORT AMOUNTS WHICH HAVE BEEN GRANTED .
ARTICLE 11
THE DATE OF ACCEPTANCE OF THE DECLARATION SHALL BE THE OPERATIVE DATE FOR :
( A ) DETERMINING THE RATES OR AMOUNTS OF EXPORT DUTIES TO WHICH THE GOODS MAY BE SUBJECT , AS WELL AS OTHER PARTICULARS MATERIAL TO THE CALCULATION OF SUCH DUTIES ;
( B ) APPLYING ANY OTHER COMMUNITY PROVISIONS GOVERNING EXPORT OF THE GOODS .
ARTICLE 12
WITHOUT PREJUDICE TO ANY CHANGES WHICH MAY OCCUR PURSUANT TO ARTICLE 10 ( 2 ) , THE AMOUNT OF THE EXPORT DUTIES DETERMINED BY THE COMPETENT AUTHORITIES SHALL BE ENTERED IN THE ACCOUNTS BY THE LATTER UNDER THE PROCEDURE LAID DOWN FOR THAT PURPOSE AND SHALL BE COMMUNICATED TO EITHER THE DECLARANT OR THE PERSON WHOM HE REPRESENTS , WHOMEVER THE AUTHORITIES CHOOSE .
ARTICLE 13
WITHOUT PREJUDICE TO THE APPLICATION OF ANY PROHIBITIVE OR RESTRICTIVE MEASURES PROVIDED FOR IN RESPECT OF THE GOODS DECLARED FOR EXPORT , THE CUSTOMS AUTHORITY MAY AUTHORIZE EXPORT OF THE GOODS ONLY IF IT IS SATISFIED , WHERE APPROPRIATE , THAT THE DUTIES ENTERED IN THE ACCOUNTS IN ACCORDANCE WITH ARTICLE 12 HAVE BEEN PAID OR GUARANTEED OR THAT PAYMENT OF THEM HAS BEEN DEFERRED UNDER THE CONDITIONS LAID DOWN IN COUNCIL DIRECTIVE 78/453/EEC OF 22 MAY 1978 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION CONCERNING DEFERRED PAYMENT OF IMPORT DUTIES OR EXPORT DUTIES ( 5 ) .
ARTICLE 14
1 . THE CUSTOMS AUTHORITY ITSELF SHALL DECIDE THE FORM IN WHICH IT AUTHORIZES EXPORT OF THE GOODS , TAKING DUE ACCOUNT OF THE PLACE IN WHICH THE SAID GOODS ARE TREATED AND OF THE SPECIAL PROCEDURES FOR THEIR CONTROL .
2 . GOODS WHICH HAVE RECEIVED AN EXPORT AUTHORIZATION SHALL REMAIN UNDER CUSTOMS CONTROL UNTIL THEY LEAVE THE CUSTOMS TERRITORY OF THE COMMUNITY .
TITLE II
SIMPLIFIED PROCEDURES
ARTICLE 15
1 . FROM 1 JANUARY 1984 AT THE LATEST , MEMBER STATES SHALL NO LONGER APPLY SIMPLIFIED PROCEDURES OTHER THAN THOSE LAID DOWN IN ARTICLES 16 TO 20 .
THEY SHALL APPLY FROM THAT DATE ALL SUCH SIMPLIFIED PROCEDURES IN SO FAR AS THEIR ADMINISTRATIVE ORGANIZATION ALLOWS IT .
2 . RECOURSE TO ANY OF THE SIMPLIFIED PROCEDURES LAID DOWN IN ARTICLES 16 TO 20 SHALL BE CONDITIONAL UPON AN AUTHORIZATION FROM THE COMPETENT AUTHORITIES OF THE MEMBER STATE IN WHICH THE PROCEDURES ARE TO BE APPLIED . THE COMPETENT AUTHORITIES SHALL DETERMINE BOTH THE CONDITIONS TO BE FULFILLED FOR AUTHORIZATION FOR SUCH USE TO BE GRANTED AND THE IMPLEMENTING PROCEDURES THEREFOR .
THE SAID AUTHORIZATION MAY BE LIMITED TO CERTAIN GOODS . IT MAY BE GRANTED ON AN OCCASIONAL OR A PERMANENT BASIS . IT MAY BE REVOKED .
3 . USE OF THE PROCEDURES LAID DOWN IN ARTICLES 16 TO 20 SHALL NOT PRECLUDE THE EXERCISE BY THE CUSTOMS AUTHORITY OF ANY CONTROLS WHICH IT CONSIDERS NECESSARY IN ORDER TO ENSURE THAT THE OPERATIONS ARE CORRECTLY CARRIED OUT .
4 . IN THE CASE OF THE SIMPLIFIED PROCEDURES REFERRED TO IN ARTICLES 17 TO 20 , AND WITHOUT PREJUDICE TO ARTICLE 13 , MEMBER STATES MAY , WHERE THEY CONSIDER IT NECESSARY , STIPULATE THAT THEIR CUSTOMS AUTHORITIES MAKE AUTHORIZATION OF THEIR USE CONDITIONAL ON THE LODGING OF A SECURITY DESIGNED TO ENSURE THAT THE BENEFICIARY FULFILS THE OBLIGATIONS IMPOSED ON HIM UNDER THE FIRST SUBPARAGRAPH OF PARAGRAPH 2 .
5 . SAVE AS OTHERWISE PROVIDED IN ARTICLES 16 TO 20 , TITLE I SHALL APPLY TO THE SIMPLIFIED PROCEDURES LAID DOWN IN THESE ARTICLES .
A . EXEMPTION FROM WRITTEN DECLARATION
ARTICLE 16
1 . WITHOUT PREJUDICE TO THE SPECIAL PROVISIONS LAID DOWN IN RESPECT OF CONSIGNMENTS SENT BY PARCEL OR LETTER POST , MEMBER STATES MAY SPECIFY THAT A WRITTEN DECLARATION IS NOT REQUIRED FOR GOODS EXPORTED FOR NON-COMMERCIAL PURPOSES AND GOODS OF LOW VALUE , INCLUDING THOSE CONTAINED IN TRAVELLERS' PERSONAL LUGGAGE .
2 . PARAGRAPH 1 SHALL NOT APPLY TO GOODS FOR WHICH AN EXPORT LICENCE IS REQUIRED OR EXPORT REFUNDS OR OTHER EXPORT PAYMENTS ARE REQUESTED .
B . DRAWING UP OF GENERAL , PERIODIC OR RECAPITULATIVE DECLARATIONS
ARTICLE 17
1 . WITHOUT PREJUDICE TO ARTICLE 20 , THE COMPETENT AUTHORITIES MAY AUTHORIZE THE DECLARANT TO FURNISH OR TO INSERT AT A LATER DATE CERTAIN PARTICULARS OF THE DECLARATION IN THE FORM OF SUPPLEMENTARY DECLARATIONS OF A GENERAL , PERIODIC OR RECAPITULATIVE NATURE .
2 . STATEMENTS MADE IN SUPPLEMENTARY DECLARATIONS , TOGETHER WITH STATEMENTS MADE IN THE DECLARATIONS TO WHICH THEY REFER , SHALL BE DEEMED TO CONSTITUTE A SINGLE , INDIVISIBLE INSTRUMENT TAKING EFFECT AT THE DATE ON WHICH THE CORRESPONDING INITIAL DECLARATION WAS ACCEPTED .
3 . WHERE THE PROCEDURE PROVIDED FOR IN THIS ARTICLE IS INVOKED , THE INITIAL DECLARATIONS RELATING TO EACH BATCH OF GOODS SHALL IN ALL CASES CONTAIN THE PARTICULARS NECESSARY FOR THE IDENTIFICATION OF THE GOODS IN QUESTION .
C . GRANTING OF EXPORT AUTHORIZATION BEFORE THE LODGING OF THE ENTRY
ARTICLE 18
1 . WHERE CIRCUMSTANCES SO JUSTIFY , THE COMPETENT AUTHORITIES MAY AUTHORIZE EXPORT OF THE GOODS AS SOON AS THEY HAVE BEEN PRODUCED , WITHIN THE MEANING OF ARTICLE 5 ( 3 ) , AT THE COMPETENT CUSTOMS OFFICE , WITHOUT THE ENTRY REFERRED TO IN ARTICLE 3 HAVING BEEN LODGED .
2 . AUTHORIZATION TO EXPORT THE GOODS SHALL BE CONDITIONAL ON THE PRESENTATION AT THE COMPETENT CUSTOMS OFFICE OF A COMMERCIAL OR ADMINISTRATIVE DOCUMENT , AT THE DISCRETION OF THE COMPETENT AUTHORITIES , CONTAINING THE PARTICULARS NECESSARY FOR THE IDENTIFICATION OF THE GOODS AND ACCOMPANIED BY AN EXPORT APPLICATION , SIGNED BY THE PERSON CONCERNED .
WHERE APPLICATION OF THE COMMUNITY MEASURES TO WHICH THE EXPORT OF GOODS IN QUESTION GIVES RISE IS SUBJECT TO THE PRESENTATION OF ANY OTHER DOCUMENT , THAT DOCUMENT SHALL ACCOMPANY THE SAID COMMERCIAL OR ADMINISTRATIVE DOCUMENT .
ACCEPTANCE BY THE CUSTOMS OFFICE OF THAT COMMERCIAL OR ADMINISTRATIVE DOCUMENT SHALL HAVE THE SAME FORCE IN LAW AS ACCEPTANCE OF THE DECLARATION REFERRED TO IN ARTICLE 3 .
3 . WHEN CIRCUMSTANCES SO PERMIT , THE COMPETENT AUTHORITIES MAY AGREE TO THE REPLACEMENT OF THE APPLICATION REFERRED TO IN PARAGRAPH 2 BY A GENERAL APPLICATION COVERING EXPORTS TO BE CARRIED OUT DURING A SPECIFIC PERIOD . REFERENCE TO THE AUTHORIZATION GRANTED AS A RESULT OF THIS GENERAL APPLICATION SHALL BE MADE IN THE COMMERCIAL OR ADMINISTRATIVE DOCUMENT TO BE PRESENTED FOR EACH EXPORT IN ACCORDANCE WITH THE FIRST SUBPARAGRAPH OF PARAGRAPH 2 .
4 . THE CUSTOMS AUTHORITY MAY MAKE THE AUTHORIZATION TO EXPORT THE GOODS CONDITIONAL ON THEIR EXAMINATION BASED ON THE PARTICULARS CONTAINED IN THE COMMERCIAL OR ADMINISTRATIVE DOCUMENT REFERRED TO IN PARAGRAPH 2 .
5 . THE DECLARATION RELATING TO THE GOODS COVERED BY THE AUTHORIZATION REFERRED TO IN PARAGRAPH 1 SHALL BE LODGED AT THE COMPETENT CUSTOMS OFFICE WITHIN THE TIME LIMIT LAID DOWN BY THE COMPETENT AUTHORITIES .
FOR THE PURPOSES OF APPLYING ARTICLE 11 , THIS DECLARATION SHALL TAKE EFFECT ON THE DATE ON WHICH THE CUSTOMS AUTHORITY ACCEPTS THE COMMERCIAL OR ADMINISTRATIVE DOCUMENT REFERRED TO IN PARAGRAPH 2 .
6 . WITHOUT PREJUDICE TO ARTICLE 20 , THE CUSTOMS AUTHORITY MAY ALLOW THE LODGING OF GENERAL , PERIODIC OR RECAPITULATIVE DECLARATIONS FOR THE GOODS . SUCH DECLARATIONS SHALL TAKE EFFECT ON THE DATE ON WHICH THAT AUTHORITY ACCEPTED THE COMMERCIAL OR ADMINISTRATIVE DOCUMENT REFERRED TO IN PARAGRAPH 2 .
ARTICLE 19
1 . THE COMPETENT AUTHORITIES MAY AUTHORIZE NATURAL OR LEGAL PERSONS WHO FREQUENTLY EXPORT GOODS TO SEND SUCH GOODS OUT OF THE CUSTOMS TERRITORY OF THE COMMUNITY DIRECTLY FROM THEIR PREMISES , WITHOUT FIRST LODGING THE DECLARATION REFERRED TO IN ARTICLE 3 AT THE COMPETENT CUSTOMS OFFICE .
2 . BEFORE THE GOODS LEAVE HIS PREMISES , THE AUTHORIZED PERSON REFERRED TO IN PARAGRAPH 1 SHALL :
( A ) GIVE THE COMPETENT AUTHORITIES DUE NOTICE OF DISPATCH , IN THE FORM AND MANNER LAID DOWN BY THEM , FOR THE PURPOSE OF OBTAINING AUTHORIZATION TO EXPORT THE GOODS IN QUESTION ;
( B ) ENTER THE SAID GOODS IN HIS RECORDS . THIS SHALL BE DONE IN THE FORM AND MANNER LAID DOWN BY THE COMPETENT AUTHORITIES . THIS ENTRY SHALL INCLUDE THE DATE OF ENTRY IN THE RECORDS AND THE PARTICULARS NECESSARY FOR IDENTIFICATION OF THE GOODS ;
( C ) MAKE AVAILABLE TO THE COMPETENT AUTHORITIES ALL DOCUMENTS , IN PARTICULAR EXPORT LICENCES OR ADVANCE-FIXING CERTIFICATES , THE PRODUCTION OF WHICH MAY BE REQUIRED FOR APPLICATION OF THE PROVISIONS GOVERNING EXPORT OF THE GOODS .
COMPLETION OF THE FORMALITIES REFERRED TO IN SUBPARAGRAPHS ( A ) AND ( B ) SHALL HAVE THE SAME FORCE IN LAW AS ACCEPTANCE OF THE DECLARATION REFERRED TO IN ARTICLE 3 .
3 . PROVIDED THAT CHECKING ON THE REGULARITY OF TRANSACTIONS IS NOT THEREBY AFFECTED , THE COMPETENT AUTHORITIES MAY , IN CERTAIN SPECIAL CIRCUMSTANCES JUSTIFIED BY THE NATURE OF THE GOODS IN QUESTION AND THE INCREASED RATE OF EXPORT , EXEMPT THE AUTHORIZED PERSON FROM THE OBLIGATION TO NOTIFY THE COMPETENT CUSTOMS OFFICE OF EACH DISPATCH OF GOODS , ON CONDITION THAT HE PROVIDES THAT OFFICE WITH ALL THE INFORMATION WHICH IT DEEMS NECESSARY TO ENABLE IT TO EXERCISE , WHERE APPROPRIATE , ITS RIGHT TO EXAMINE THE GOODS . IN THAT CASE , ENTRY OF THE GOODS IN THE RECORDS OF THE PERSON CONCERNED SHALL BE EQUIVALENT TO AUTHORIZATION OF THEIR EXPORT .
4 . WHERE THE CUSTOMS OFFICE DECIDES TO EXAMINE THE GOODS , SUCH EXAMINATION SHALL TAKE PLACE ON THE BASIS OF THE PARTICULARS CONTAINED IN THE RECORDS OF THE PERSON CONCERNED .
5 . THE DECLARATION RELATING TO THE GOODS WHICH ARE THE SUBJECT OF THE AUTHORIZATION REFERRED TO IN PARAGRAPH 1 SHALL BE LODGED AT THE COMPETENT CUSTOMS OFFICE WITHIN THE TIME LIMITS FIXED BY THE COMPETENT AUTHORITIES .
FOR THE PURPOSES OF APPLYING ARTICLE 11 , THIS DECLARATION SHALL TAKE EFFECT ON THE DATE ON WHICH THE GOODS ARE ENTERED IN THE RECORDS OF THE PERSON CONCERNED .
6 . ARTICLE 18 ( 6 ) SHALL ALSO APPLY WHERE THE PROVISIONS OF THIS ARTICLE ARE INVOKED .
7 . THE ENTRY OF THE GOODS IN THE RECORDS OF THE PERSON CONCERNED AS PROVIDED FOR IN PARAGRAPH 2 ( B ) , MAY BE REPLACED BY ANY OTHER FORMALITY OFFERING SIMILAR GUARANTEES WHICH MAY BE LAID DOWN BY THE COMPETENT AUTHORITIES .
D . REPLACEMENT OF ALL OR PART OF THE PARTICULARS OF THE DECLARATION BY CODIFIED DATA
ARTICLE 20
1 . THE COMPETENT AUTHORITIES MAY AUTHORIZE THE DECLARANT TO REPLACE ALL OR PART OF THE PARTICULARS OF THE WRITTEN DECLARATION REFERRED TO IN ARTICLE 3 BY SENDING TO THE CUSTOMS OFFICE DESIGNATED FOR THAT PURPOSE , WITH A VIEW TO THEIR PROCESSING BY COMPUTER , CODIFIED DATA OR DATA MADE OUT IN ANY OTHER FORM SPECIFIED BY THOSE AUTHORITIES , CORRESPONDING TO THE PARTICULARS REQUIRED FOR WRITTEN DECLARATIONS .
2 . THE COMPETENT AUTHORITES SHALL DETERMINE THE CONDITIONS UNDER WHICH THE DATA REFERRED TO IN PARAGRAPH 1 ARE TO BE SENT .
TITLE III
FINAL PROVISIONS
ARTICLE 21
1 . THE COMMITTEE ON GENERAL CUSTOMS RULES PROVIDED FOR IN ARTICLE 24 OF COUNCIL DIRECTIVE 79/695/EEC OF 24 JULY 1979 ON THE HARMONIZATION OF PROCEDURES FOR THE RELEASE OF GOODS FOR FREE CIRCULATION ( 6 ) MAY EXAMINE ANY QUESTION CONCERNING THE APPLICATION OF THIS DIRECTIVE WHICH IS RAISED BY ITS CHAIRMAN EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF A REPRESENTATIVE OF A MEMBER STATE .
2 . THE PROVISIONS REQUIRED FOR APPLYING ARTICLES 3 TO 9 , ARTICLE 10 ( 1 ) , ARTICLE 13 , ARTICLE 14 ( 2 ) AND ARTICLES 17 TO 20 OF THIS DIRECTIVE SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 26 ( 2 ) AND ( 3 ) OF DIRECTIVE 79/695/EEC .
ARTICLE 22
1 . MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE NOT LATER THAN 1 JANUARY 1983 .
2 . EACH MEMBER STATE SHALL INFORM THE COMMISSION OF THE MEASURES WHICH IT ADOPTS FOR THE PURPOSES OF IMPLEMENTING THIS DIRECTIVE . THE COMMISSION SHALL COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .
ARTICLE 23
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES . | [
"UKPGA19810035",
"UKPGA19790002",
"UKSI19811259"
] |
31981L0333 | 1981 | Commission Directive 81/333/EEC of 13 April 1981 amending Directive 79/490/EEC adapting to technical progress Council Directive 70/221/EEC on the approximation of the laws of the Member States relating to liquid fuel tanks and rear underrun protection of motor vehicles and their trailers
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of Member States relating to the type-approval of motor vehicles and their trailers ( 1 ) , as last amended by Directive 80/1267/EEC ( 2 ) , and in particular Article 13 thereof ,
Having regard to Council Directive 70/221/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to liquid fuel tanks and rear underrun protection of motor vehicles and their trailers ( 3 ) , as last amended by Directive 79/490/EEC ( 4 ) , and in particular Article 3 thereof ,
Whereas , experience has shown that the current wording of item II.5.2 of the Annex to Directive 79/490/EEC relating to the rear underrun protection of vehicles in categories M1 , M2 , M3 , N1 , O1 and O2 is rather vague in respect of the width over which the requirement must be satisfied ; whereas this may lead to different requirements by different standardization services with the risk of contradictions with Council Directive 74/483/EEC ( 5 ) relating to external projections of vehicles in category M1 , and also of technical barriers to trade ,
Article 1
Directive 79/490/EEC is hereby amended as follows :
The text of item II.5.2 of the Annex shall be replaced by the following text :
" II.5.2 . Any vehicle in one of the categories M1 , M2 , M3 , N1 , O1 , or O2 ( categories under the international classification set out in note ( b ) of Annex I to Council Directive 70/156/EEC ) will be deemed to satisfy the condition set out in item II.5.1 :
_ if it satisfies the conditions set out in item II.5.3 , or
_ if the ground clearance of the rear part of the unladen vehicle does not exceed 55 cm over a width which is not shorter than that of the rear axle by more than 10 cm on either side ( excluding any tyre bulging close to the ground ) .
Where there is more than one rear axle , the width to be considered is that of the widest .
This requirement must be satisfied at least on a line at a distance of not more than 45 cm from the rear extremity of the vehicle . "
Article 2 Before 1 October 1981 , Member States shall bring into force the provisions necessary to comply with this Directive , and shall forthwith inform the Commission thereof .
Article 3
This Directive is addressed to the Member States . | [
"UKSI19820007"
] |
31981L0334 | 1981 | Commission Directive 81/334/EEC of 13 April 1981 adapting to technical progress Council Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by Directive 80/1267/EEC (2), and in particular Article 13 thereof,
Having regard to Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (3), as last amended by Directive 77/212/EEC (4), and in particular Article 3 thereof,
Whereas, as a result of experience gained in this field, and bearing in mind the present state of the art, it is now possible to amend the requirements relating to the method of measuring the noise of moving and stationary vehicles in order to bring them more into line with real operating conditions;
Whereas the provisions of Article 3 of Directive 70/157/EEC exclude the modification of the limit values from the procedure of adaptation to technical progress ; whereas it is appropriate to insert, for information, in this Directive the limit values such as they appear in Directive 77/212/EEC ; whereas, however, it is planned to lower those values, in due time, in conformity with the procedure provided for this matter;
Whereas both exhaust systems and certain components thereof are marketed separately as spare parts ; whereas, in so far as they can also be checked before being fitted to a vehicle, their free movement could be facilitated by the establishment of an EEC type-approval procedure in respect of these separate systems considered as separate technical units within the meaning of Article 9a inserted into Directive 70/156/EEC by Directive 78/315/EEC (5);
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives aimed at the Removal of Technical Barriers to Trade in the Motor Vehicles Sector,
Article 1
Directive 70/157/EEC is hereby amended as follows: 1. Article 2 shall be replaced by the following:
"Article 2
No Member State may, on grounds relating to the permissible sound level and the exhaust system, refuse to grant EEC or national type-approval in respect of a type of motor vehicle or type of exhaust system or component of such a system regarded as a separate technical unit, - if the vehicle satisfies the requirements of Annex I as regards the sound level and exhaust system,
- if the exhaust system or any component thereof, considered as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC satisfies the requirements of Annex II."
2. Article 2a shall be replaced by the following:
"Article 2a
1. No Member State may, on grounds relating to the permissible sound level and the exhaust system, (1) OJ No L 42, 23.2.1970, p. 1. (2) OJ No L 375, 31.12.1980, p. 34. (3) OJ No L 42, 23.2.1970, p. 16. (4) OJ No L 66, 12.3.1977, p. 33. (5) OJ No L 81, 28.3.1978, p. 1. refuse or prohibit the sale, registration, entry into service or use of any vehicle in which the sound level and the exhaust system satisfy the requirements of Annex I.
2. No Member State may, on grounds relating to the permissible sound level and the exhaust system, prohibit the placing on the market of an exhaust system or any component thereof considered as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC if, within the meaning of Article 2, it is of a type in respect of which a type-approval has been granted."
3. In Article 3, "items I.1 and I.4.1.4" shall be replaced by "items 5.2.2.1 and 5.2.2.5 of Annex I".
4. The Annex shall be replaced by Annexes I, II, III and IV to this Directive.
Article 2
1. With effect from 1 January 1982, no Member State may, on grounds relating to the permissible sound level and the exhaust system: - refuse to grant EEC type-approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC or to grant national type-approval, in respect of a type of motor vehicle, or
- prohibit the entry into service of vehicles,
if the sound level and the exhaust system of this type of vehicle, or the vehicles concerned, comply with the provisions of Directive 70/157/EEC, as amended by the present Directive.
2. With effect from 1 October 1984, a Member State: - shall no longer issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of motor vehicle in which the sound level and exhaust system do not comply with the provisions of Directive 70/157/EEC, as amended by the present Directive,
- may refuse to grant national type-approval in respect of a type of motor vehicle in which the sound level and exhaust system do not comply with the provisions of Directive 70/157/EEC, as amended by the present Directive.
3. With effect from 1 October 1985, Member States may prohibit the entry into service of vehicles in which the sound level and exhaust system do not comply with the provisions of Directive 70/157/EEC, as amended by the present Directive.
Article 3
By 1 January 1982, Member States shall apply the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
Article 4
This Directive is addressed to the Member States. | [
"UKSI19811732",
"UKSI19820007"
] |
31981L0464 | 1981 | Council Directive 81/464/EEC of 24 June 1981 amending Council Directive 78/25/EEC on the approximation of the rules of the Member States relating to the colouring matters which may be added to medicinal products
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas Article 1 of Directive 78/25/EEC (3) stipulates that Member States shall not authorize, for the colouring of medicinal products for human and veterinary use, any colouring matters other than those covered by Annex I, Sections I and II, of the Council Directive of 23 October 1962 on the approximation of the rules of the Member States concerning the colouring matters authorized for use in foodstuffs intended for human consumption (4);
Whereas Section I of the abovementioned Annex covers colouring matter for both mass and surface colouring, and Section II covers colouring matter for surface colouring only;
Whereas there is no justification on public health grounds for maintaining, in the case of medicinal products, the distinction made in the case of foodstuffs intended for human consumption between colouring matter for both mass and surface colouring and colouring matter for surface colouring only;
Whereas Directive 78/25/EEC should therefore be amended accordingly,
Article 1
The following paragraph shall be added to Article 1 of Directive 78/25/EEC:
"However, in the case of medicinal products, no distinction shall be made between colouring matter for both mass and surface colouring and colouring matter for surface colouring only."
Article 2
Member States shall take the measures necessary to comply with this Directive before 1 October 1981 and shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States. | [
"UKSI19771050"
] |
31981L0602 | 1981 | Council Directive 81/602/EEC of 31 July 1981 concerning the prohibition of certain substances having a hormonal action and of any substances having a thyrostatic action
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, due to the residues that they leave in meat, certain substances with a thyrostatic, oestrogenic, androgenic or gestagenic action may be dangerous for consumers ; whereas these substances may also affect the quality of the meat;
Whereas, in the interest of the consumer, the administering to any animal of stilbenes and thyrostatic substances and the marketing of these substances must be prohibited and the use of the other substances must be regulated;
Whereas, in particular, if the use of certain substances may be authorized for therapeutic purposes, this must be controlled;
Whereas, moreover, the harmless or harmful effects of the use of Oestradiol 17/ß, Progesterone, Testosterone, Trenbolone and Zeranol still have to be examined in detail ; whereas, pending the adoption of a decision relating to these substances, the current measures governing them should be maintained as a precautionary measure with due regard for the general provisions of the Treaty;
Whereas provision should be made for the effective control of the application of the provisions deriving from this Directive,
Article 1
1. For the purposes of this Directive, the definitions of meat and meat products contained in Directives 64/433/EEC (4), 71/118/EEC (5) and 77/99/EEC (6) shall apply.
2. In addition, the following definitions shall apply: - farm animals : domestic animals of the bovinespecies, swine, sheep, goats, solipeds and poultry,and wild animals of these species and wild ruminantswhich have been raised on a holding,
- therapeutic treatment : the administering to a farmanimal of any of the substances referred to inArticle 4 (1) to treat a pathological state diagnosed,on examination, by a veterinarian. (1) OJ No C 305, 22.11.1980, p. 2. (2) OJ No C 50, 9.3.1981, p. 87. (3) OJ No C 138, 9.6.1981, p. 29. (4) OJ No 121, 29.7.1964, p. 2012/64. (5) OJ No L 55, 8.3.1971, p. 23. (6) OJ No L 26, 31.1.1977, p. 85.
Article 2
Subject to Articles 4 and 5, Member States shall ensure that the following are prohibited: (a) the administering to a farm animal, by any meanswhatsoever, of substances having a thyrostaticaction or substances having an oestrogenic, androgenicor gestagenic action;
(b) the placing on the market or slaughtering of farmanimals to which the abovementioned substanceshave been administered;
(c) the placing on the market of meat of the farmanimals referred to in (b);
(d) processing of the meat referred to in (c) and theplacing on the market of meat products preparedfrom or with such meat.
Article 3
From the date laid down in Article 9 (a), Member States shall prohibit the placing on the market of stilbenes, stilbene derivatives, their salts and esters and thyrostatic substances for administering to animals of all species.
Article 4
1. Notwithstanding Article 2, Member States may authorize the administering to farm animals of substances with oestrogenic, androgenic or gestagenic action approved in accordance with the Directives on veterinary medicinal products other than the substances referred to in Article 3, for therapeutic use, synchronization of oestrus, termination of unwanted gestation, the improvement of fertility and the preparation of donors and recipients for the implantation of embryos.
2. The administering of the substances referred to in paragraph 1 shall be effected by a veterinarian. However, Member States may allow the synchronization of oestrus and the preparation of donors and recipients for the implantation of embryos to be effected not by the veterinarian but under his direct responsibility.
Article 5
The Council, acting unanimously on a proposal from the Commission shall take a decision as soon as possible on the administering to farm animals of oestradiol 17/ß, Progesterone, Testosterone, Trenbolone and Zeranol for fattening purposes.
Pending adoption of this decision, the national regulations in force and the arrangements made by Member States concerning these substances shall continue to apply while complying with the general provisions of the Treaty and without prejudice to measures adopted in accordance with a Community procedure designed for their approximation.
Member States may not authorize the use of new substances during this transitional period.
Article 6
Member States shall ensure that, pending adoption of relevant Community rules, their national provisions applying to products imported from third countries are not more favourable than those applying to intra-Community trade pursuant to this Directive.
Article 7
Member States shall ensure that farm animals, the meat of such animals and the meat products obtained therefrom are subjected to controls.
The detailed rules for carrying out such controls and the financing thereof shall be laid down by the Council acting unanimously on a proposal from the Commission.
Article 8
Not later than 1 July 1984, the Commission shall submit to the Council a report on the experience acquired and scientific developments, accompanied, if necessary, by proposals which take these developments into account.
Article 9
Member States shall bring into force the measures necessary to comply with: (a) the provisions of Article 3 no later than twomonths after the date of notification of this Directive;
(b) the other Articles of this Directive not later than12 months after the date of notification of thisDirective.
They shall forthwith inform the Commission thereof.
Article 10
This Directive is addressed to the Member States. | [
"UKSI19892133"
] |
31981L0851 | 1981 | Council Directive 81/851/EEC of 28 September 1981 on the approximation of the laws of the Member States relating to veterinary medicinal products
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the primary purpose of any rules for the production and distribution of veterinary medicinal products must be the safeguarding of public health;
Whereas, however, this objective must be achieved by means which will not hinder the development of industry and trade in medicinal products within the Community;
Whereas, in so far as the Member States already have certain provisions laid down by law, regulation or administrative action governing veterinary medicinal products, such provisions differ in essential principles ; whereas this results in the hindering of trade in medicinal products within the Community, thereby directly affecting the establishment and functioning of the common market;
Whereas such hindrances must, accordingly, be removed ; whereas this entails approximation of the relevant provisions;
Whereas the provisions of this Directive which concern veterinary medicinal products are, although appropriate, not adequate for veterinary medicinal products used to confer active immunity, to diagnose the state of immunity and to confer passive immunity or for medicinal products based on radioactive isotopes ; whereas it is therefore advisable not to prescribe their application to such products for the present;
Whereas medicated feedingstuffs do not come within the scope of this Directive ; whereas, however, it is necessary, for both public health and economic reasons, to prohibit the use of unauthorized medicinal products in the manufacture of medicated feedingstuffs;
Whereas marketing authorization shall be refused where a medicinal product lacks therapeutic effect or where there is insufficient proof of such effect ; whereas the concept of therapeutic effect must be understood as being the effect promised by the manufacturers;
Whereas such authorization shall also be refused where the withdrawal period indicated is not long enough to eliminate health hazards arising from residues;
(1) OJ No C 152, 5.7.1976, p. 1. (2) OJ No C 293, 13.12.1976, p. 64. (3) OJ No C 299, 18.12.1976, p. 12. Whereas, in order gradually to achieve freedom of movement of veterinary medicinal products, the granting of marketing authorizations in several Member States for the same medicinal product should be made easier;
Whereas, for this purpose, a Committee for Veterinary Medicinal Products, composed of representatives of the Member States and of the Commission, should be set up and should be responsible for giving an opinion on whether a particular veterinary medicinal product complies with the requirements set out in this Directive;
Whereas this Directive is only one stage in the achievement of the aim of freedom of movement of veterinary medicinal products ; whereas, for this purpose, new measures will prove necessary, in the light of experience gained - especially within the said Committee - for the removal of the remaining barriers to freedom of movement;
Whereas, in order to facilitate the movement of veterinary medicinal products and to prevent the checks carried out in one Member State from being repeated in another, minimum requirements for manufacture and imports from third countries and the grant of authorization relating thereto, should be applied to veterinary medicinal products, as specified in Council Directive 75/319/EEC of 20 May 1975 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products (1),
CHAPTER I Definitions and scope
Article 1
1. The definitions laid down in Article 1 of Council Directive 65/65/EEC of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products (2) shall apply to this Directive.
2. For the purposes of this Directive, the following definitions shall apply: - "veterinary medicinal product" shall mean any medicinal product intended for animals,
- "ready-made veterinary medicinal product" shall mean any veterinary medicinal product prepared in advance which does not comply with the definition of proprietary medicinal products and which is marketed in a pharmaceutical form which may be used without further processing,
- "pre-mix for medicated feedingstuffs" shall mean any veterinary medicinal product prepared in advance with a view to the subsequent manufacture of medicated feedingstuffs,
- "medicated feedingstuffs" shall mean any mixture of a veterinary medicinal product or products and feed or feeds which is ready prepared for marketing and intended to be fed to animals without further processing, because of its curative or preventive properties or other properties as a medicinal product covered by Article 1 (2) of Directive 65/65/EEC.
3. Until Community rules are adopted for medicated feedingstuffs, Member States may lay down that this term shall include semi-finished products which are manufactured from a pre-mix for medicated feedingstuffs for which an authorization pursuant to Article 4 of this Directive has been issued and feedingstuffs, where such semi-finished products are intended to be processed by further mixing with feedingstuffs to become medicated feedingstuffs ready for use. Member States shall ensure that such semi-finished products are subject to the control of the competent authorities and that they are used exclusively for the manufacture of medicated feedingstuffs under the conditions which governed the marketing authorization for the pre-mix for medicated feedingstuffs.
4. Additives covered by Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (3), as subsequently amended, where they are incorporated in animal feedingstuffs and supplementary animal feedingstuffs in accordance with that Directive, shall not be considered as veterinary medicinal products for the purposes of this Directive.
5. Member States shall take any necessary steps to ensure that antibiotics and hormone substances which may be used for the preparation of veterinary medicinal products are made available to only (1) OJ No L 147, 9.6.1975, p. 13. (2) OJ No 22, 9.12.1965, p. 369/65. (3) OJ No L 270, 14.12.1970, p. 1. natural or legal persons duly authorized to be in possession of them under national laws.
Article 2
1. The provisions of this Directive shall apply to veterinary medicinal products offered for sale inter alia in the form of proprietary medicinal products, ready-made veterinary medicinal products or premixes for medicated feedingstuffs.
2. The provisions of this Directive shall not apply to: - medicated feedingstuffs,
- veterinary medicinal products used in order to produce active immunity, diagnose the state of immunity and produce passive immunity,
- veterinary medicinal products based on radioactive isotopes,
- veterinary medicinal products not prepared in advance and intended for one particular animal or a small number of animals,
- homeopathic medicinal products.
3. However, medicated feedingstuffs may be prepared only from pre-mixes which have been authorized under this Directive. Within two years of the notification of this Directive, the Council shall, on the basis of a Commission report accompanied if necessary by appropriate proposals, deliberate on a list of pharmacological molecules which may be used for preparing pre-mixes and on the procedure for drawing up this list.
Article 3
Member States may permit exemptions from the provisions of Article 4 (1) on their territory in respect of veterinary medicinal products intended solely for aquarium fish, cage birds, homing pigeons, terrarium animals and small rodents, provided that such products do not contain substances the use of which requires veterinary control and that all possible measures have been taken to prevent unauthorized use of the products for other animals.
CHAPTER II Application for marketing authorization for veterinary medicinal products
Article 4
1. No veterinary medicinal product may be marketed in a Member State unless authorization has previously been issued by the competent authority in that Member State.
2. No veterinary medicinal product may be administered to animals unless the authorization referred to above has been issued, except for tests of veterinary medicinal products referred to in point 10 of Article 5.
Article 5
For the purpose of obtaining the marketing authorization provided for in Article 4, the person responsible for marketing shall lodge an application with the competent authority of the Member State.
The following particulars and documents shall be appended to the application: 1. name or corporate name and permanent address or registered place of business of the person responsible for marketing and of the manufacturer, if different;
2. name of the veterinary medicinal product (brand name, non-proprietary name, with or without a trade-mark or name of the manufacturer ; scientific name of formula, with or without a trade-mark or name of the manufacturer);
3. qualitative and quantitative particulars of all the constituents of the veterinary medicinal product, using the usual terminology but not empirical chemical formulae and giving the international non-proprietary name recommended by the World Health Organization, if such a name exists;
4. brief description of the method of preparation;
5. therapeutic indications, contra-indications and side-effects;
6. dosage for the various species of animal for which the veterinary medicinal product is intended, its pharmaceutical form, method and route of administration and proposed shelf life if less than three years;
7. reasons for the precautionary and safety measures to be taken when using the veterinary medicinal product, if applicable;
8. indication of the withdrawal period necessary between the last administration of the veterinary medicinal product to animals under normal conditions of use and the production of foodstuffs from such animals in order to ensure that such foodstuffs do not contain any residues which might constitute a health hazard to the consumer;
9. description of the control testing methods employed by the manufacturer (qualitative and quantitative analysis of the constituents and the finished product, specific tests, e.g. sterility tests, tests for the presence of pyrogens, for the presence of heavy metals, stability tests, biological and toxicity tests, tests on intermediate products);
10. results of: - physico-chemical, biological or microbiological tests,
- toxicological and pharmacological tests,
- clinical trials.
The results of the toxicological and pharmacological tests must relate more particularly to the metabolism of the active ingredients in the animal and as far as possible to the mode and duration of their elimination, if such data are important for the purpose of checking the indicated withdrawal period.
However, (a) a copy of the published references relating to the toxicological and pharmacological tests and clinical trials and the data concerning the withdrawal period may be substituted for the relevant test results in the case of: (i) a veterinary medicinal product with an established use, which has been adequately tested on animals so that its effects, including side-effects, are already known and are included in the published references;
(ii) a new veterinary medicinal product, in which the active ingredients are identical to those of a known medicinal product with an established use;
(iii) a new veterinary medicinal product containing only known constituents that have already been used together in comparable proportions in adequately tested medicinal products with an established use;
(b) in the case of a new veterinary medicinal product containing known constituents not hitherto used together for therapeutic purposes, references to published data may be substituted for the tests on such constituents;
11. one or more specimens or mock-ups of the sales presentation of the veterinary medicinal product together with a package insert where a package insert is required;
12. a document showing that the manufacturer is authorized in his own country to produce veterinary medicinal products;
13. any marketing authorization for the relevant veterinary medicinal product which may have been obtained in another Member State or in a third country.
Article 6
Member States shall make all necessary arrangements to ensure that the documents and particulars listed in points 8, 9 and 10 of the second paragraph of Article 5 are drafted by experts with the requisite technical or professional qualifications before being submitted to the competent authorities.
These documents and particulars shall be signed by the experts in question.
Article 7
According to their particular qualifications, the role of the experts shall be: 1. to carry out such work as falls within their particular discipline (analysis, pharmacology and similar experimental sciences, clinical trials) and to describe objectively the results obtained in both quantitative and qualitative terms;
2. to describe their findings in accordance with Council Directive 81/852/EEC of 28 September 1981 on the approximation of the laws of the Member States relating to analytical, pharmaco-toxicologial and clinical standards and protocols in respect of the testing of veterinary medicinal products (1), and in particular to state: (a) in the case of analysts, whether the product conforms with the stated composition, providing any reasons for the control testing methods which the manufacturer is to use;
(b) in the case of pharmacologists and appropriately qualified specialists: - the toxicity of the product and the pharmacological properties observed,
- whether, after administration of the veterinary medicinal product under normal conditions of use and observance of the recommended withdrawal period, foodstuffs obtained from the treated animals contain residues which might constitute a health hazard to the consumer;
(c) in the case of clinicians, whether they have found in animals treated with the product effects corresponding to the information furnished by the manufacturer pursuant to Article 5, whether the product is well tolerated, what dosage they recommend and what are the contra-indications and side-effects, if any;
3. to give reasons for the use of the references to published data referred to in point 10 (a) and (b) of the second paragraph of Article 5, according to the conditions laid down by Council Directive 81/852/EEC.
The experts' detailed reports shall form part of the documentation which the applicant shall lodge with the competent authorities.
CHAPTER III Examination of applications for authorization - Authorization - Renewal of authorization
Article 8
Member States shall take all appropriate measures to ensure that the procedure for granting marketing authorization is completed within 120 days after the date of submission of the application.
In exceptional cases this time limit may be extended for a further 90 days. The applicant shall be notified of such extension before the expiry of the initial time limit.
Article 9
In order to examine the application submitted pursuant to Article 4, the competent authorities of the Member States: 1. shall check that the documentation submitted in support of the application complies with Article 5 and, on the basis of the reports drawn up by the experts pursuant to Article 7, ascertain whether the conditions for the issue of the marketing authorization have been fulfilled;
2. may submit the medicinal product for testing by a State laboratory or a laboratory designated for this purpose, in order to ensure that the control testing methods employed by the manufacturer and described in the application documents, in accordance with point 9 of the second paragraph of Article 5, are satisfactory;
3. may, where appropriate, require the applicant to provide further information as regards the items listed in Article 5. Where the competent authorities take this course of action, the time limits specified in Article 8 shall be suspended until the further data required have been provided. Similarly, these time limits shall be suspended for any period which the applicant may be given to provide oral or written explanations.
Article 10
Member States shall take all appropriate measures to ensure that: 1. the competent authorities ascertain that the manufacturers and importers of veterinary medicinal products from third countries are able to manufacture them in compliance with the details supplied pursuant to point 4 of the second paragraph of Article 5 and/or to carry out control tests in accordance with the methods described in the application documents under point 9 of the second paragraph of Article 5;
2. the competent authorities may authorize manufacturers and importers of veterinary medicinal products from third countries, where (1) See page 16 of this Official Journal. circumstances so justify, to have certain stages of manufacture and/or certain of the control tests referred to in paragraph 1 carried out by third parties ; in such cases checks by the competent authorities shall also be carried out in the establishments concerned.
Article 11
The authorization provided for in Article 4 shall be withheld if examination of the documents and particulars listed in Article 5 establishes that: 1. the veterinary medical product is harmful under the conditions of use stated at the time of application for authorization, has no therapeutic effect or the applicant has not provided sufficient proof of such effect as regards the species of animal which is to be treated, or its qualitative or quantitative composition is not as stated;
2. the withdrawal period recommended by the applicant is not long enough to ensure that foodstuffs obtained from the treated animal do not contain residues which might constitute a health hazard to the consumer, or is insufficiently substantiated;
3. the veterinary medicinal product is offered for sale for a use prohibited under other Community provisions. However, pending Community rules, the competent authorities may refuse to grant authorization for a veterinary medicinal product where such action is necessary for the protection of public health, consumer or animal health.
Authorization shall also be withheld if the application documents submitted to the competent authorities do not comply with Articles 5, 6 and 7.
Article 12
The authorization provided for in Article 4 may require the person responsible for marketing to indicate on the container and/or the outer wrapping and the package insert, where the latter is required, other particulars essential for safety or health protection, including any special precautions relating to use and any other warnings resulting from the clinical and pharmacological trials prescribed in point 10 of Article 5 or from experience gained during the use of the veterinary medicinal product once it has been marketed.
The authorization may also require the inclusion of a tracer substance in the veterinary medicinal product.
Article 13
The granting of authorization shall not diminish the general legal liability of the manufacturer and, where appropriate, of the person responsible for marketing.
Article 14
The person responsible for marketing shall modify the control test method provided for in point 9 of Article 5 in accordance with technological and scientific progress, if such modification is needed to enable the veterinary medicinal product to be controlled with a greater degree of security.
The person responsible for marketing shall forthwith inform the competent authorities of any new information which might entail amendment of the particulars and documents referred to in Article 5 or further examination and, in particular, of any prohibition or restriction imposed by the competent authorities of the States in which the veterinary medicinal product is marketed.
The person responsible for marketing shall immediately inform the competent authorities, with a view to authorization, of any alteration he proposes to make to the particulars and documents referred to in Article 5.
Article 15
Authorization shall be valid for five years and shall be renewable for five-year periods, on application by the holder at least three months before the date of expiry.
CHAPTER IV Committee for Veterinary Medicinal Products
Article 16
1. In order to facilitate the adoption of a common position by the Member States with regard to marketing authorizations, a Committee for Veterinary Medicinal Products, hereinafter called "the Committee", is hereby set up ; it shall be composed of representatives of the Member States and of the Commission.
2. The Committee shall, when so requested by a Member State, examine questions relating to the implementation of Articles 11, 36 and 49, in accordance with Articles 17 to 22.
3. The Committee shall draw up its own rules of procedure.
Article 17
1. A Member State which has issued a marketing authorization shall forward a copy of the application and of the authorization, together with the particulars and documents mentioned in Article 5, to the Committee and to the competent authorities of the Member States specified, if the person responsible for marketing has requested that they be forwarded to at least five other Member States.
2. Such forwarding shall be deemed equivalent to the lodging, within the meaning of Article 5, of an application for marketing authorization with the said authorities.
3. The Committee shall forthwith inform the Member States concerned that the case has been referred to the Committee.
Article 18
1. If, within a period of 120 days after the date of forwarding of the information referred to in Article 17 (2), no objection has been notified to the Committee by the competent authorities of the Member States specified, the Committee shall formally record the fact and forthwith inform the Member States concerned.
2. Where a Member State considers that it is unable to grant marketing authorization, it shall forward its reasoned objection based on Article 11 within the said period of 120 days.
Article 19
1. In the cases referred to in Article 18 (2), the Committee shall consider the matter and shall deliver its reasoned opinion within 60 days from the expiry of the time limit laid down in Article 18.
2. The opinion of the Committee shall deal with the compliance of the veterinary medicinal product with the conditions set out in Article 11.
The Committee shall forthwith inform the Member States concerned of its opinion or, in the event of dissension, of the opinions of its members.
3. The Member States concerned shall reach a decision on the application for marketing authorization not later than 30 days after the date on which the information provided for in Article 18 (1) or paragraph 2 hereof is given. They shall forthwith inform the Committee of their decision.
Article 20
1. If several applications have been submitted in accordance with Article 5 for marketing authorization for the same veterinary medicinal product and one or more Member States have granted such authorization while one or more of the other Member States have withheld it, one of the Member States concerned may bring the matter before the Committee.
The same shall apply where one or more Member States have suspended or withdrawn marketing authorization while one or more of the other Member States have not done so.
2. The Committee shall consider the matter and shall deliver its reasoned opinion within 120 days at the latest.
3. The opinion of the Committee shall deal only with the grounds on which authorization was refused, suspended or withdrawn.
The Committee shall forthwith inform the Member States concerned of its opinion or, in the event of dissension, of the opinions of its members.
4. The Member States concerned shall give notice, within 30 days, of the action they intend to take following the Committee's opinion.
Article 21
The Committee may set itself a time limit for a fresh examination on the basis of particulars relating to the conditions laid down in Articles 11, 27 or 41 obtained in the meantime by Member States, and in particular by those which have authorized the veterinary medicinal product.
Article 22
The competent authorities of Member States may, in specific cases where the interests of the Community are involved, refer the matter to the Committee before reaching a decision on an application for marketing authorization, its suspension or withdrawal.
A Member State also may refer matters to the Committee when there are grounds for believing that a medicinal product should not be authorized for use in veterinary medicine because of its importance in human therapy.
Article 23
1. The Commission shall report to the Council annually on the operation of the procedure laid down in this Chapter and its effects on the development of intra-Community trade ; it shall make its first report two years after the entry into force of this Directive.
2. In the light of experience the Commission shall, not later than four years after the entry into force of this Directive, submit to the Council a proposal containing all appropriate measures for the abolition of any remaining barriers to the free movement of veterinary medicinal products. The Council shall take a decision on the Commission proposal not later than one year after its submission.
CHAPTER V Manufacture of veterinary medicinal products - Imports from third countries
Article 24
1. Member States shall take all appropriate measures to ensure that the manufacture of veterinary medicinal products is subject to the holding of an authorization.
2. The authorization referred to in paragraph 1 shall be required both for total and partial manufacture and for the various processes of dividing up, packaging or presentation.
However, such authorization shall not be required for preparation, dividing up, changes in packaging or presentation where these processes are carried out solely for retail supply by pharmacists in dispensing pharmacies or by persons legally authorized in the Member States to carry out such processes.
3. The authorization referred to in paragraph 1 shall also be required for imports from third countries into a Member State ; this Chapter and Article 36 shall apply to such imports in the same way as to manufacture.
Article 25
In order to obtain the authorization referred to in Article 24, the applicant shall meet at least the following requirements: (a) he shall specify the veterinary medicinal products and pharmaceutical forms which are to be manufactured or imported and also the place where they are to be manufactured and/or controlled;
(b) he shall have at his disposal, for the manufacture or import of the above, suitable and sufficient premises, technical equipment and control facilities complying with the legal requirements which the Member State concerned lays down as regards both manufacture and control and the storage of products, in accordance with Article 10 (1);
(c) he shall have at his disposal the services of at least one qualified person within the meaning of Article 29.
The applicant shall provide particulars in his application to establish his compliance with the above requirements.
Article 26
1. The competent authority of the Member State shall not issue the authorization referred to in Article 24 until it has established the accuracy of the particulars supplied pursuant to Article 25 by means of an inquiry carried out by its representatives.
2. In order to ensure that the requirements referred to in Article 25 are complied with, authorization may be made conditional on the fulfilment of certain obligations imposed either when authorization is granted or at a later date.
3. The authorization shall apply only to the premises specified in the application and to the veterinary medicinal products and pharmaceutical forms specified in that application.
Article 27
The holder of an authorization referred to in Article 24 shall at least be obliged to: (a) have at his disposal the services of staff complying with the legal requirements existing in the Member State concerned as regards both manufacture and controls;
(b) dispose of the authorized veterinary medicinal products only in accordance with the legislation of the Member States concerned;
(c) give prior notice to the competent authority of any changes which he may wish to make to any of the particulars supplied pursuant to Article 25 ; the competent authority shall, in any event, be immediately informed if the qualified person referred to in Article 29 is replaced unexpectedly;
(d) allow the representatives of the competent authority of the Member State concerned access to his premises at any time;
(e) enable the qualified person referred to in Article 29 to carry out his duties, particularly by placing at his disposal all the necessary facilities.
Article 28
1. The Member States shall take all appropriate measures to ensure that the time taken for the procedure for granting the authorization referred to in Article 24 does not exceed 90 days from the day on which the competent authority receives the application.
2. If the holder of the authorization requests a change in any of the particulars referred to in Article 25 (a) and (b), the time taken for the procedure relating to this request shall not exceed 30 days. In exceptional cases, this period of time may be extended to 90 days.
3. Member States may require from the applicant further information concerning both the particulars supplied pursuant to Article 25 and the qualified person referred to in Article 29 ; where the competent authority concerned exercises this right, application of the time limits referred to in paragraphs 1 and 2 shall be suspended until the additional data required have been supplied.
Article 29
1. Member States shall take all appropriate measures to ensure that the holder of the authorization referred to in Article 24 has permanently and continuously at his disposal the services of at least one qualified person who fulfils the conditions laid down in Article 31 and is responsible, in particular, for carrying out the duties specified in Article 30.
2. If he personally fulfils the conditions laid down in Article 31, the holder of the authorization may himself assume the responsibility referred to in paragraph 1.
Article 30
1. Member States shall take all appropriate measures to ensure that the qualified person referred to in Article 29 is, without prejudice to his relationship with the holder of the authorization referred to in Article 24, responsible, in the context of the procedures referred to in Article 33, for ensuring that: (a) in the case of veterinary medicinal products manufactured within the Member State concerned, each batch of veterinary medicinal products has been manufactured and checked in compliance with the laws in force in that Member State and in accordance with the requirements of the marketing authorization;
(b) in the case of veterinary medicinal products coming from third countries, each production batch imported has undergone in the importing country a full qualitative analysis, a quantitative analysis of at least all the active ingredients and all the other tests or checks necessary to ensure the quality of veterinary medicinal products in accordance with the requirements of the marketing authorization.
Batches of veterinary medicinal products which have undergone such controls in a Member State shall be exempt from the above controls if they are imported into another Member State, accompanied by the control reports signed by the qualified person.
A Member State may relieve the qualified person of responsibility for the controls prescribed under (b) for imported veterinary medicinal products which are to remain in that Member State, if appropriate arrangements have been made with the exporting country to ensure that these controls have been carried out in the exporting country. Where these products are imported in the packaging in which they are to be sold by retail, Member States may allow exceptions to the requirements laid down in Article 25.
2. In all cases, and particularly where the veterinary medicinal products are released for sale, the qualified person shall certify, in a register or equivalent document provided for the purpose, that each production batch satisfies the provisions of this Article ; the said register or equivalent document shall be kept up to date as operations are carried out and shall remain at the disposal of the representatives of the competent authority for the period specified in the provisions of the Member State concerned and, in any event, for at least five years.
Article 31
Member States shall ensure that the qualified person referred to in Article 29 fulfils the following minimum conditions of qualification. (a) Possession of a diploma, certificate or other evidence of formal qualifications awarded on completion of a university course of study, or a course recognized as equivalent by the Member State concerned, extending over a period of at least four years of theoretical and practical study in one of the following scientific disciplines : pharmacy, medicine, veterinary science, chemistry, pharmaceutical chemistry and technology, biology. However: - the minimum duration of the university course may be three and a half years where the course is followed by a period of theoretical and practical training of at least one year and includes a training period of at least six months in a pharmacy open to the public, corroborated by an examination at university level,
- where two university or recognized equivalent courses co-exist in a Member State and where one of these extends over four years and the other over three years, the diploma, certificate or other evidence of formal qualifications awarded on completion of the three-year university course or its recognized equivalent shall be considered to fulfil the condition of duration referred to in (a) in so far as the diplomas, certificates or other evidence of formal qualifications awarded on completion of both courses are recognized as equivalent by the State in question.
The course shall include theoretical and practical tuition bearing upon at least the following basic subjects: - experimental physics,
- general and inorganic chemistry,
- organic chemistry,
- analytical chemistry,
- pharmaceutical chemistry, including analysis of medicinal products,
- general and applied biochemistry (medical),
- physiology,
- microbiology,
- pharmacology,
- pharmaceutical technology,
- toxicology,
- pharmacognosy (study of the composition and effects of the active principles of natural substances of plant and animal origin).
Tuition in these subjects should be so balanced as to enable the person concerned to fulfil the obligations specified in Article 30.
In so far as certain diplomas, certificates or other evidence of formal qualifications mentioned in (a) do not fulfil the criteria laid down above, the competent authority of the Member State shall ensure that the person concerned provides evidence that he has, in the subjects involved, the knowledge required for the manufacture and control of veterinary medicinal products.
(b) Practical experience for at least two years, in one or more undertakings which are authorized manufacturers, in the activities of qualitative analysis of medicinal products, of quantitative analysis of active principles and of the testing and checking necessary to ensure the quality of veterinary medicinal products.
The duration of practical experience may be reduced by one year where a university course lasts for at least five years and by a year and a half where the course lasts for at least six years.
Article 32
1. A person engaging in the activities of the person referred to in Article 29 in a Member State at the time when this Directive is brought into force in that State but not complying with the provisions of Article 31 shall be eligible to continue to engage in those activities in the State concerned.
2. The holder of a diploma, certificate or other evidence of formal qualifications awarded on completion of a university course - or a course recognized as equivalent by the Member State concerned - in a scientific discipline allowing him to engage in the activities of the person referred to in Article 29 in accordance with the laws of that State may - if he began his course prior to the notification of this Directive - be considered as qualified to carry out in that State the duties of the person referred to in Article 29, provided that he has previously engaged in the following activities for at least two years before the end of the 10th year following notification of this Directive in one or more undertakings authorized pursuant to Article 24 : production supervision and/or qualitative analysis, quantitative analysis of active principles, and the necessary testing and checking under the direct authority of a person as referred to in Article 29 to ensure the quality of veterinary medicinal products.
If the person concerned has acquired the practical experience referred to in the first subparagraph more than 10 years prior to the notification of this Directive, a further one year's practical experience in accordance with the conditions referred to in the first subparagraph shall be completed by him immediately before he engages in such activities.
3. A person who, at the time this Directive is brought into force, is engaged in direct collaboration with a person referred to in Article 29 in production supervision activities and/or in qualitative analysis, quantitative analysis of active principles, and the testing and checking necessary to ensure the quality of medicinal products may, for a period of five years thereafter, be considered as qualified to take up in that State the duties of the person referred to in Article 29, provided that the Member State ensures that the person shows evidence of adequate theoretical and practical knowledge and has engaged in the activities mentioned for at least five years.
Article 33
Member States shall ensure that the obligations of qualified persons referred to in Article 29 are fulfilled, either by means of appropriate administrative measures or by making such persons subject to a professional code of conduct.
Member States may provide for the temporary suspension of such a person upon the commencement of administrative or disciplinary proceedings against him for failure to fulfil his obligations.
CHAPTER VI Supervision and sanctions
Article 34
The competent authority of the Member State concerned shall ensure, by means of inspection, that the legal requirements relating to veterinary medicinal products are complied with.
Such inspections shall be carried out by authorized representatives of the competent authority who shall be empowered to: 1. inspect manufacturing or trading establishments and any laboratories entrusted by the holder of the authorization referred to in Article 24 (1), with the task of carrying out control tests pursuant to Article 10 point 2;
2. take samples;
3. examine any documents relating to the object of the inspection, subject to current provisions in the Member States at the time of notification of this Directive which place restrictions on these powers with regard to the description of the method of preparation.
Article 35
Member States shall take all appropriate measures to ensure that the person responsible for marketing and, where appropriate, the holder of the authorization referred to in Article 24 (1) furnish proof of the control tests carried out on the finished product and/or on the constituents and intermediate products of the manufacturing process, in accordance with the methods laid down for the purposes of marketing authorization.
Article 36
The competent authorities of the Member States shall suspend or withdraw marketing authorization when it is clear that: 1. the veterinary medicinal product proves to be harmful under the conditions of use stated at the time of application for authorization or subsequently, the veterinary medicinal product does not have any therapeutic effect or its qualitative and quantitative composition is not as stated;
2. the recommended withdrawal period is inadequate to ensure that foodstuffs obtained from the treated animal do not contain residues which might constitute a health hazard to the consumer;
3. the veterinary medicinal product is offered for sale for a use which is prohibited by other Community provisions. However, pending Community rules, the competent authorities may refuse to grant authorization for a veterinary medicinal product where such action is necessary for the protection of public, consumer or animal health;
4. the information given in the application documents pursuant to Articles 5 and 14 is incorrect;
5. the control tests referred to in Article 35 have not been carried out;
6. the obligation referred to in the second paragraph of Article 12 has not been fulfilled.
The veterinary medicinal product shall be deemed to have no therapeutic effect if it is established that it does not produce therapeutic results in the species of animal for which the treatment is intended.
Authorization may also be suspended, or withdrawn where it is established that: - the particulars supporting the application, as provided for in Article 5, have not been amended in accordance with the first and third paragraphs of Article 14,
- any new information as referred to in the second paragraph of Article 14 has not been communicated to the competent authorities.
Article 37
1. Without prejudice to Article 36, Member States shall take all necessary measures to ensure that supply of a veterinary medicinal product is prohibited and that the medicinal product concerned is withdrawn from the market where: (a) it is clear that the veterinary medicinal product is harmful under the conditions of use stated at the time of the application for authorization or subsequently, pursuant to the third paragraph of Article 14;
(b) the veterinary medicinal product has no therapeutic effect on the species of animal for which the treatment was intended;
(c) the qualitative and quantitative composition of the veterinary medicinal product is not as stated;
(d) the recommended withdrawal period is inadequate to ensure that foodstuffs obtained from the treated animal do not contain residues which might constitute a health hazard to the consumer;
(e) the control tests referred to in Article 35 have not been carried out, or any other requirement or obligation relating to the grant of the authorization referred to in Article 24 (1) has not been complied with.
2. The competent authority may confine the prohibition on supply and withdrawal from the market solely to the contested production batches.
Article 38
1. The competent authority of a Member State shall suspend or withdraw the authorization referred to in Article 24 for a category of preparations or for all preparations if any of the requirements laid down for obtaining this authorization is no longer met.
2. The competent authority of a Member State may, in addition to the measures provided for in Article 37, either suspend manufacture or imports of veterinary medicinal products from third countries or suspend or withdraw the authorization referred to in Article 24 for a category of preparations or for all preparations in the event of non-compliance with the provisions regarding manufacture or imports from third countries.
Article 39
Member States shall take all appropriate measures to ensure that the competent authorities concerned communicate to each other such information as is appropriate to secure compliance with the requirements for the authorization referred to in Article 24 (1) or for marketing authorization.
Article 40
All decisions taken pursuant to Articles 11, 36, 37 and 38, all negative decisions taken pursuant to Article 10 point 2 and Article 19 (3) of this Directive and all decisions to withhold authorization to manufacture or to import from third countries or to suspend or withdraw manufacturing authorization shall state in detail the reasons on which they are based. Such decisions shall be notified to the party concerned who shall at the same time be informed of the remedies available to him under current legislation and the time allowed for seeking such remedies.
Marketing authorizations and revocations of such authorizations shall be published by each Member State in its official gazette.
Article 41
No decision to: - withhold, withdraw or suspend marketing authorization,
- prohibit the supply of a veterinary medicinal product or have it withdrawn from the market,
- withhold, withdraw or suspend authorization to manufacture or to import veterinary medicinal products from third countries,
- suspend manufacture of imports of veterinary medicinal products from third countries
may be taken on grounds other than those set out in this Directive.
Article 42
Each Member State shall take all appropriate measures to ensure that the Committee is informed immediately of decisions granting marketing authorization and of all decisions refusing or withdrawing marketing authorization, cancelling a decision refusing or withdrawing marketing authorization, prohibiting supply or withdrawing a product from the market, together with the reasons on which such decisions are based.
CHAPTER VII Labelling and package inserts of veterinary medicinal products
Article 43
The following information, which shall conform with the particulars and documents provided pursuant to Article 5 and be approved by the competent authorities, shall appear in legible characters on containers and outer packages of medicinal products: 1. name of the veterinary medicinal product, which may be a brand name or a non-prprietary name with or without a trade-mark or name of the manufacturer or a scientific name or formula with or without a trade-mark or name of the manufacturer;
2. next to the name of the veterinary medicinal product, its qualitative and quantitative composition expressed in active ingredients per dose-unit or as a percentage, according to the pharmaceutical form and, in the cases referred to in the second paragraph of Article 12, the tracer substances.
The international non-proprietary names recommended by the World Health Organization shall be used wherever they exist;
3. reference number for production identification (manufacturer's batch number);
4. marketing authorization number;
5. name or corporate name and permanent address or registered place of business of the person responsible for marketing and of the manufacturer, if different;
6. the species of animal for which the veterinary medicinal product is intended ; the method and route of administration;
7. the withdrawal period, even if this is nil, in the case of veterinary medicinal products administered to animals intended for human consumption;
8. the date of expiry, if the shelf life is less than three years;
9. special storage precautions, if any;
10. particulars required to be indicated pursuant to the first paragraph of Article 12, if any;
11. the words "For animal treatment only".
The pharmaceutical form and the contents by weight, volume or number of dose-units need only be shown on the outer package.
The provisions of Part 1, A of the Annex to Council Directive 81/852/EEC, in so far as they concern the qualitative and quantitative composition of veterinary medicinal products in respect of active ingredients, shall apply to the particulars provided for in point 2.
Article 44
As regards ampoules, the particulars listed in the first paragraph of Article 43 shall be given on the outer package. On the containers, however, only the following particulars shall be necessary: - name of veterinary medicinal product,
- quantity of the active ingredients,
- route of administration,
- reference number for production identification (manufacturer's batch number),
- date of expiry,
- the words "For animal treatment only".
Article 45
As regards small single-dose containers, other than ampoules, on which it is impossible to give the particulars mentioned in Article 44, the requirements of Article 43 shall apply only to the outer package.
Article 46
Where there is no outer package, all the particulars which should feature on such package pursuant to the preceding Articles shall be shown on the container.
Article 47
The particulars mentioned in points 6, 7, 8, 9, 10 and 11 of the first paragraph of Article 43 and in the third and sixth indents of Article 44 shall appear on the outer package and on the container of the medicinal products in the language or languages of the country in which they are placed on the market.
Article 48
Member States shall take all appropriate measures to ensure that where a package insert is included with a veterinary medicinal product it relates solely to that product.
The package insert shall contain at least the following information, which shall conform with the particulars and documents provided pursuant to Article 5 and be approved by the competent authorities: (a) name or corporate name and permanent address or registered place of business of the person responsible for marketing and of the manufacturer, if different;
(b) name of the veterinary medicinal product and a statement of its active ingredients expressed qualitatively and quantitatively.
The international non-proprietary names recommended by the World Health Organization shall be used wherever they exist;
(c) the main therapeutic indications, contra-indications and side-effects in so far as these particulars are necessary for the use of the veterinary medicinal product;
(d) the species of animal for which the veterinary medicinal product is intended, the dosage for each species, the method and route of administration and advice on correct administration, if necessary;
(e) the withdrawal period, even if this is nil, in the case of veterinary medicinal products administered to animals intended for human consumption;
(f) special storage precautions, if any;
(g) particulars required to be indicated pursuant to the first paragraph of Article 12, if any.
Such particulars must appear in the language or languages of the country in which the product is marketed. The other information shall be clearly separate from the abovementioned particulars.
Member States may require a package insert to be included with veterinary medicinal products.
Article 49
Where the provisions of this Chapter are not observed and a formal notice addressed to the person concerned has been ineffectual, the competent authorities of the Member States may suspend or withdraw marketing authorization.
All decisions taken by virtue of the preceding paragraph shall state in detail the reasons on which they are based. A decision shall be notified to the party concerned, along with the remedies available to him under current legislation and the time allowed for seeking such remedies.
Article 50
The requirements of Member States concerning conditions of supply to the public, the marking of prices on medicinal products for veterinary use and industrial property rights shall not be affected by the provisions of this Chapter.
CHAPTER VIII Implementing provisions and transitional measures
Article 51
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 24 months of its notification and shall forthwith inform the Commission thereof.
Member States shall ensure that the main provisions of national law which they adopt in the field governed by this Directive are communicated to the Commission.
Article 52
1. As regards the authorizations referred to in Article 24 which are issued before the expiry of the time limit laid down in Article 51, Member States may grant an additional period of one year for the undertakings concerned to comply with the provisions of Chapter V.
2. The other provisions of this Directive shall be applied progressively, within 10 years of the notification referred to in Article 51, to veterinary medicinal products placed on the market by virtue of earlier provisions.
3. Member States shall notify the Commission, within three years following the notification of this Directive, of the number of veterinary medicinal products covered by paragraph 2 and, in each subsequent year, of the number of such products for which the marketing authorization referred to in Article 4 has not yet been issued.
Article 53
This Directive is addressed to the Member States. | [
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31982L0057 | 1981 | Commission Directive 82/57/EEC of 17 December 1981 laying down certain provisions for implementing Council Directive 79/695/EEC on the harmonization of procedures for the release of goods for free circulation
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 79/695/EEC of 24 July 1979 on the harmonization of procedures for the release of goods for free circulation (1), and in particular Article 26 (1) thereof,
Whereas, in order to define clearly the obligations which the person who completes an entry for release for free circulation must fulfil pursuant to Article 3 of Directive 79/695/EEC, it is necessary to specify the particulars which the entry must contain and the documents which must accompany the entry;
Whereas the specification of those particulars and the production of those documents are, under Article 6 (1) of the abovementioned Directive, prerequisites for the acceptance of the entry; whereas Article 6 (2), however, permits the customs authority, at the request of the declarant and for reasons which that authority deems valid, to waive that requirement and accept an incomplete entry subject to certain conditions; whereas it is necessary, therefore, to indicate the particulars and documents which are in any event essential for the acceptance of the entry and to specify the time limits for completion of the entry;
Whereas the subsequent failure to produce particulars or documents which were missing at the time when the entry was accepted may affect the amount of the import duties payable in respect of the goods in question; whereas it is necessary, therefore, to lay down precise rules to ensure that the Community regulations are applied correctly and that any duties payable in respect of the goods in question are paid;
Whereas, in order to ensure as far as possible the correct application of import duties, it is necessary to establish practical, uniform procedures for the prior examination of goods and the taking of samples by the person concerned; whereas similar provision must also be made with regard to the examination of goods and taking of samples by the competent authorities following acceptance of the entry; whereas, in the latter instance, provision must be made in particular for appropriate measures to deal with any refusal on the part of the declarant to be present at the examination and taking of samples, at the request of the customs authority, with a view to rectifying the suspended operation;
Whereas it is necessary to lay down the measures to be taken by the competent authorities in order to provide for the situation of goods where these cannot be released for free circulation for one of the reasons specified in Article 15 (1) (b) or (c) of Directive 79/695/EEC;
Whereas the provisions of this Directive shall apply without prejudice to Council Regulation (EEC) No 1736/75 of 24 June 1975 on the external trade statistics of the Community and statistics of trade between Member States (1);
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on General Customs Rules,
Article 1
This Directive lays down certain provisions for implementing Articles 3, 4, 6, 9 (1), (4) and (5), 10 (1), 13, 14 and 15 (1) of Directive 79/695/EEC, hereinafter referred to as 'the basic Directive'.
TITLE I
CONTENTS OF THE ENTRY FORM FOR RELEASE FOR FREE CIRCULATION
A. Particulars to be supplied
Article 2
1. The particulars referred to in Article 3 (1) of the basic Directive which must be contained in the entry shall be the following:
(a) the declarant's name and address and, where he is acting on behalf of a third party, the legal conditions under which he does so where such information is necessary to determine the person liable for payment of any customs debt;
(b) where the declarant is not himself the consignee of the goods, the name and address of the said consignee;
(c) where goods have been entered for free circulation at a customs office subsequent to the lodging in respect of those goods of the summary declaration referred to in Article 3 of Directive 68/312/EEC of 30 July 1968 on harmonization of the provisions laid down by law, regulation or administrative action relating to: 1. customs treatment of goods entering the customs territory of the Community; 2. temporary storage of such goods (2), a reference to this summary declaration unless the customs authority undertakes to enter this information itself;
(d) where the summary declaration referred to in (c) has not been lodged in respect of goods entered for free circulation:
- which have not previously been entered under another customs procedure, the particulars for identifying the means of transport in which the goods reached the customs office,
- which have previously been entered under another customs procedure, a reference to that procedure.
(e) the number, kind, marks and serial numbers of packages containing the goods declared or, if the goods are not packed, the number of articles covered by the declaration or the words 'bulk', depending on the circumstances, and the particulars necessary to identify those unpacked goods;
(f) the location of the goods declared, where the customs authority considers this necessary;
(g) the Common Customs Tariff nomenclature heading or subheading of the goods and a description of the said goods in conformity with the terms of that nomenclature or in terms that are sufficiently precise to enable the customs authority to determine forthwith and unambiguously that they correspond to the tariff heading or subheading declared;
(h) in the case of goods liable to ad valorem duty, their customs value calculated in accordance with the Community provisions in force as well as, if necessary, the quantitative data needed in order to assess that value;
(i) in the case of goods liable to a specific duty, the quantity and any additional particulars that may be necessary for application of such duty;
(j) in the case of goods liable to ad valorem duty with a minimum or a maximum duty based on specific particulars, all the information referred to under (h) and (i);
(k) the country of consignment of the goods within the meaning of Article 10 of Regulation (EEC) No 1736/75 and their country of origin within the meaning of Council Regulation (EEC) No 802/68 of 27 June 1968 on the common definition of the concept of the origin of goods (3) or, in the case of goods for which preferential treatment has been requested by virtue of their origin, of the Community instruments or agreements providing for such preferential
(l) the number, preceded by the letter(s) indicating the issuing Member State, and the date of issue of any import licence or advance-fixing certificate presented pursuant to the provisions applicable in respect of the common agricultural policy;
(m) all other particulars needed for application of the rules governing the release for free circulation of the goods declared.
2. In addition to the particulars referred to in paragraph 1, the Member States may require that the following be included in the entry:
(a) the name and address of the consignor of the goods;
(b) the rate of import duty applicable to the goods declared;
(c) for information purposes the amount of import duty, as calculated by the declarant.
3. Where a Member State does not apply the provisions contained in Article 17 (b) of the basic Directive and the goods in question qualify either for a flat rate system of imposing charges or for relief from import duty, the particulars referred to in paragraph 1 (g) may be indicated in simplified form.
In addition, where goods qualify for relief from import duty, the particulars referred to in paragraph 1 (h) (i), (j) and (k) shall not be required unless the customs authority considers it necessary in order to enable the provisions governing the release of the goods in question for free circulation to be applied.
B. Documents to accompany the entry
Article 3
1. The documents which, under Article 3 (2) of the basic Directive, must accompany the entry, shall be:
(a) the invoice on the basis of which the customs value is declared, as required to comply with Commission Regulation (EEC) No 1496/80 of 11 June 1980 on the declaration of particulars relating to customs value and on documents to be furnished (1);
(b) where it is required under Regulation (EEC) No 1496/80, the declaration of particulars for the assessment of the customs value of the goods declared, drawn up in accordance with the conditions laid down in the said Regulation;
(c) the documents required for the application of preferential tariff arrangements or other measures derogating from the general legal rules applicable to the goods declared;
(d) all other documents required for the application of the provisions governing the release for free circulation of the goods declared.
2. The customs authority may, should it consider it necessary, require transport documents or, as the case may be, documents relating to the previous customs procedure to be produced when the entry form is lodged.
Where a single item is presented in two or more packages, the customs authority may also require the production of a packing list or equivalent document indicating the contents of each package.
3. Where a Member State does not apply the provisions contained in Article 17 (b) of the basic Directive and the goods in question qualify either for a flat-rate system of imposing charges or for relief from import duty, the documents referred to in paragraph 1 (b) and (c) may be dispensed with.
In addition, where goods qualify for relief from import duty, the documents referred to in paragraph 1 (a) shall not be required unless the customs authority considers it necessary in order to enable the provisions governing the release of the goods in question for free circulation to be applied.
4. The accompanying documents must be kept by the customs authority unless provided otherwise or unless the declarant requires them for other operations. In the latter case the customs authority shall take the necessary steps to ensure that the documents in question cannot subsequently be used except in respect of the quantity or value of goods for which they remain valid.
C. Examination of goods and taking of samples before lodging of the entry
Article 4
1. The examination of goods and the taking of samples referred to in Article 4 of the basic Directive may be carried out only by authorization of the customs authority. Such authorization shall be granted at the request of the person concerned.
2. Examination of goods may be authorized at the oral request of the person concerned, unless the customs authority considers, having regard to the circumstances, that a written application is required.
The taking of samples may be authorized only at the written request of the person concerned.
3. A written request as referred to in paragraph 2 must be signed by the person concerned and lodged with the customs office concerned. It must include the following particulars:
- name and address of the applicant,
- the location of the goods,
- number of the summary declaration save where the customs authority undertakes to enter such information, or indication of the previous customs procedure, or the particulars for identifying the means of transport on which the goods are located,
- all other information necessary for identifying the goods.
The customs authority shall indicate its authorization on the request presented by the person concerned. Where the request is for the taking of samples, the said authority shall indicate the quantity of goods to be taken.
4. Prior examination of goods and the taking of samples shall be carried out under the supervision of the customs authority, which shall specify the procedures in each particular case.
The person concerned shall bear the risk and the cost of unpacking, weighing, repacking and any other operation involving the goods. He shall also pay any costs in connection with analysis.
5. Where the samples taken are not covered in due course by the entry for release for free circulation in respect of the goods to which they relate, the import duties to which they may be liable shall be calculated on the basis of the particulars given in the written request referred to in paragraph 2 at the rate applicable at the date on which the request was accepted.
D. Incomplete entries
Article 5
Entries which the customs authority may, pursuant to Article 6 (2) of the basic Directive, accept without their containing certain of the particulars referred to in Article 2 must contain at least the particulars referred to in Article 2 (1) (a), (c), (d) and (e) and:
- a description of the goods in terms that are sufficiently precise to enable the customs authority to determine forthwith and unambiguously the tariff heading or subheading concerned,
- where the goods are liable for ad valorem duties, their value for customs purposes, or, where it appears that the declarant is not in a position to declare this value, a provisional indication of value which is deemed acceptable by the customs authority, due account being taken in particular of the information available to the declarant,
- any further particulars deemed necessary by the customs authority in order to identify the goods, implement the provisions governing their release for free circulation and determine the amount of any security required before the goods may be released for free circulation.
Article 6
1. Entries which the customs authority may, pursuant to Article 6 (2) of the basic Directive, accept without their being accompanied by certain of the documents specified in Article 3 must be accompanied at least by those documents which must be produced before the goods declared can be released for free circulation.
2. By way of derogation from paragraph 1, an entry not accompanied by any of the documents required before the goods can be released for free circulation may be accepted once it is established, to the satisfaction of the customs authority, that:
(a) the document concerned exists and is valid;
(b) it could not be annexed to the entry form for reasons beyond the declarant's control;
(c) any delay in accepting the entry would prevent the release of the goods for free circulation or make them liable to a higher rate of import duty.
Data relating to missing documents shall, in all cases, be indicated in the Article 7
1. Without prejudice to the Community provisions governing valuation for customs purposes, the period allowed by the customs authority to the declarant for the communication of particulars or production of documents not supplied at the time when the entry was accepted may not exceed one month from the date of such acceptance.
However, in the case of a document required for the application of a reduced or zero rate of import duty, where the customs authority has good reason to believe that the goods covered by the incomplete entry may qualify for such reduced or zero rate of duty, a further period may, at the declarant's request, be allowed for the production of the document in question. Such additional period may not exceed three months.
2. Where a reduced or zero rate of import duty is applicable to goods released for free circulation only within certain tariff quotas or ceilings, the importation may be charged within the authorized limits only when the document on which the granting of this reduced or zero rate is conditional is actually produced. The document must in any case be produced:
- before the date on which a Community measure re-establishes the levying of normal import duties where tariff ceilings are concerned,
- before the limits laid down have been reached where tariff quotas are concerned.
3. Subject to paragraphs 1 and 2, the document on whose presentation the granting of the reduced or zero rate of import duty is conditional may be produced after the expiry date of the period for which the reduced or zero rate was set in so far as the entry in respect of the goods in question was accepted before that date.
Article 8
1. The effect of the customs authority's acceptance of an incomplete declaration may not be such as to prevent or delay the grant of authorization to release the goods thus declared, unless other grounds exist for such action. Without prejudice to the provisions of Article 20, release shall take place in accordance with the conditions laid down in paragraphs 2 to 5 below.
2. Where the late production of a particular or of a supporting document missing at the time when an entry is accepted cannot affect the amount of import duties to which the goods covered by the said declaration are liable, the customs authority shall immediately enter in the accounts the sum payable, calculated in the usual manner.
3. Where, in implementation of the provisions of Article 5, the entry contains a provisional indication of value, the customs authority shall:
- enter forthwith in the accounts the amount of import duties determined on the basis of this indication,
- require, if necessary, the lodging of a security adequate to cover the difference between that amount and the amount to which the goods may ultimately be liable.
4. Where in circumstances other than those referred to in paragraph 3 the late production of a particular or of a supporting document missing at the time when an entry is accepted may affect the amount of import duties to which the goods covered by the said declaration are liable:
(a) where late production of the missing particular or document may lead to the application of import duty at a reduced rate, the customs authority shall:
- immediately enter in the accounts the import duties payable at the reduced rate,
- require the lodging of a security covering the difference between that sum and the sum which would be payable were the import duties on the goods in question calculated at the normal rate;
(b) where the late production of the missing particular or document may lead to admission of the goods declared with total exemption from import duties, the customs authority shall require the lodging of a security covering the amount which could be payable were the duties charged at the normal rate.
5. Without prejudice to any subsequent amendments which may arise particularly as a result of the final determination of the customs value, Member States may provide for declarants to have the option of requesting the immediate entry in the accounts of the amount of duties to which the goods may ultimately be liable instead of lodging the security referred to in the second indent of paragraph 3 and in the second indent of paragraph 4 (a) and in paragraph 4 (b). Article 9
If, at the expiry of the period referred to in Article 7, the declarant has not supplied the details necessary for the final determination of the goods' value, or has failed to provide the missing particulars or documents, the customs authority shall at once enter in the accounts as import duties to which the goods in question are subject the amount of the security provided in accordance with the provisions of the second indent of Article 8 (3) or of the second indent of Article 8 (4) (a) and Article 8 (4) (b).
TITLE II
VERIFICATION OF THE ENTRY FORM
A. Documentary verification
Article 10
Without prejudice to verification carried out before an entry is accepted, for the purpose of ascertaining whether it is acceptable, the customs authority may, where it considers this necessary, check the entry form and the documents accompanying it in order to ensure, in particular, that the information contained in the latter corresponds to that given in the entry.
B. Examination of the goods
Article 11
Where it decides to examine a part of the goods only, the customs authority shall inform the declarant or his representative which items it wishes to examine. The authority's choice shall be final.
The findings of such partial examination shall apply to all goods covered by the entry in question. However, the declarant may request a further examination should he consider that the findings of the partial examination are not valid for the remainder of the goods declared.
Article 12
1. Where the customs authority elects to examine goods it shall so inform the declarant or his representative.
2. The declarant or the person designated by him to be present at the examination of the goods shall provide the customs authority with the assistance required to facilitate its work. Should the customs authority consider the assistance given unsatisfactory, it may require the declarant to designate another person able to give the necessary assistance.
3. Where the declarant refuses to be present at the examination of the goods or to designate a person able to give the assistance which the customs authority considers necessary, the latter shall impose on the declarant a period in which to comply, unless it considers that such an examination may be dispensed with.
If, on expiry of the period laid down, the declarant has not complied with the requirements of the customs authority, the latter, for the purpose of applying Article 15 (1) (a) of the basic Directive, shall proceed with the examination of the goods, at the declarant's risk and expense, calling if necessary on the services of an expert or any other person designated in accordance with the provisions in force.
The findings made by the customs authority during the examination carried out under the conditions referred to in the preceding paragraph shall have the same validity as if the examination had been carried out in the presence of the declarant.
4. Instead of the measures laid down in paragraph 3, Member States may provide for the customs authority to have the option of invalidating the entry in cases where it is beyond doubt that the declarant's refusal to be present at the examination of the goods or to designate a person able to give the necessary assistance is not intended to prevent, nor in effect prevents, that authority from finding that the rules governing the release of the goods for free circulation have been breached, and is not intended to evade, nor in effect evades, the provisions of Article 8 (2) or the second subparagraph of Article 11 (2) of the basic Directive.
C. Taking of samples
Article 13
1. Where the customs authority decides to take samples, it shall so inform the declarant or his representative.
Should it consider this desirable, the customs authority may require the declarant to be present at the taking of samples, or to arrange to be represented by a person able to tender the authority the necessary aassistance.
2. Samples shall be taken by the customs authority, which may, however, ask that this be done under its supervision by the declarant or a person designated by him.
Samples shall be taken in accordance with the methods laid down in the provisions in force.
3. The quantities taken as samples should not exceed what is needed for analysis or more detailed examination, including possible check analysis. Article 14
1. The declarant or the person designated by him to be present at the taking of samples shall render to the customs authority all the assistance needed to facilitate the operation.
2. Where the declarant refuses to be present at the taking of samples or to designate a person to attend, or where he fails to render to the customs authority all the assistance needed to facilitate the operation, the provisions of Article 12 (3) and (4) shall apply.
Article 15
Where the customs authority takes samples for analysis or more detailed examination, it shall authorize the release of the goods in question without waiting for the results of the analysis or examination, unless there are other grounds for not doing so.
In this case, the provisions of Article 20 shall apply.
Article 16
For the purposes of assessing the amount of import duties to be applied to the goods declared, the quantities taken by the customs authority as samples shall not be deducted from the quantity declared.
Article 17
Unless destroyed by the analysis or more detailed examination, the samples taken shall be returned to the declarant at his request and expense once they no longer need to be kept by the customs authority, in particular after all the declarant's means of appeal against the decision taken by the customs authority on the basis of the results of that analysis or more detailed examination have been exhausted.
Where the declarant does not ask for samples to be returned, they may either be destroyed or kept to facilitate checking of subsequent operations. In specific circumstances, however, the customs authority may require the declarant to remove any samples that remain.
D. Attestation by the customs authority
Article 18
1. Where the customs authority checks the entry forms and documents accompanying it or examines the goods, it shall indicate at least in the copy of the entry retained by the customs authority, or in a document attached to it, the subject and results of any such check or examination. Where a partial examination of the goods is made, the references of the consignment examined shall also be given.
Where appropriate, the customs authority shall also indicate in the entry form that the declarant or his representative was absent.
2. Should the result of the check on the entry form and documents accompanying it or examination of the goods not be in accordance with the particulars given in the entry form, the customs authority shall specify at least in the copy of the entry form retained by the customs authority, or in a document attached to this form as referred to in paragraph 1, the particulars to be taken into account for the purposes of charging duty on the goods in question and of implementing the other provisions governing their release for free circulation.
3. The attestation by the customs authority shall be dated and bear the particulars needed to identify the official issuing it.
4. Member States may provide for no endorsement to be made by the customs authority on the entry or on a document attached to it as referred to in paragraph 1 where the said authority does not check the entry or examine the goods.
TITLE III
DISPOSAL OF GOODS ENTERED FOR FREE CIRCULATION
A. Release of goods for free circulation
Article 19
Release of the goods for free circulation shall be given on a single occasion for all the goods forming the subject of the entry.
The date on which release is given shall be indicated on the entry.
Article 20
1. Where the customs authority, while waiting for the result of the checks which it has undertaken, whether in order to verify the statements made in the entry or the documents accompanying it or to examine the goods, does not consider that it is in a position to assess the amount of import duties payable on the goods, it may nonetheless, if the declarant requests it, grant release for free circulation of the goods in question. The granting of this release shall give rise to the immediate entry in the accounts of the import duties as assessed according to the statements made in the entry. Where the customs authority considers that the checks which it has undertaken may enable an amount of customs duties higher than that resulting from the statements made in the entry to be assessed, it shall further require the lodging of a security sufficient to cover the difference between the amount referred to in the preceding subparagraph and the amount which may finally be payable on the goods. However, Member States may provide for declarants to have the option of requesting the immediate entry in the accounts of the amount of duties to which the goods may ultimately be liable instead of lodging this security.
2. Where, on the basis of the checks which it has carried out, the customs authority assesses an amount of import duties different from the amount which results from the statements made in the entry, the release of the goods shall give rise to the immediate entry in the accounts of the amount thus assessed.
Article 21
1. Where the customs authority has been unable to release goods for free circulation for one of the reasons specified in Article 15 (1) (b) or (c) of the basic Directive, the said authority shall set a time limit by which the declarant must fulfil the necessary conditions.
2. Where, in the circumstances referred to in Article 15 (1) (b) of the basic Directive, the declarant has not produced the requisite documents within the time limit referred to in paragraph 1, the entry in question shall be invalidated.
3. In the circumstances referred to in Article 15 (1) (c) of the basic Directive and without prejudice to any measures taken under Article 8 (2) or Article 14 of that Directive where the declarant has neither paid nor guaranteed the duties due within the time limit referred to in paragraph 1, the customs authority may start the preliminary formalities for the sale of the goods. In this case the goods shall be sold unless the requisite conditions have been fulfilled in the interim, possibly by constraint if the law of the Member State in question so permits. The customs authority shall inform the declarant thereof.
The customs authority may, at the risk and expense of the declarant, transfer the goods in question to special premises under its supervision.
B. Surrender of goods
Article 22
For the purpose of applying the first indent of Article 14 (1) of the basic Directive, a request for surrender of goods to the national exchequer shall be made in writing and signed by the declarant. This request may be made on the actual entry form.
Where the relevant authorities authorize the declarant to surrender goods to the national exchequer, such authorization must be indicated on the entry form.
The above authorization has the effect of rendering the entry invalid.
C. Destruction of goods
Article 23
For the purpose of applying the second indent of Article 14 (1) of the basic Directive, a request for the destruction of goods shall be made in writing and signed by the declarant. This request may be made on the actual entry form.
Where the relevant authorities agree to goods being destroyed, such agreement must be indicated on the entry form or any other document accompanying it.
The customs authorities present when the goods are destroyed shall endorse the entry or any other document accompanying it accordingly. Where appropriate, they shall specify on the form or document the type and quantity of any waste or scrap resulting from the destruction so that such waste or scrap may be released for free circulation on the basis of the taxation elements applicable to them.
TITLE IV
FINAL PROVISIONS
Article 24
Provided the provisions of the preceding titles are observed, the provisions of this Directive shall not prevent the use of entry forms covering two or more articles.
In such case the particulars relating to each article shall be regarded as constituting a separate entry.
Article 25
Where duties are entered in the accounts immediately, as provided for in Articles 8, 15 and 20, this shall be without prejudice to measures taken under Council Directive 78/453/EEC of 22 May 1978 on the harmonization of provisions laid down by law, regulation or administrative action concerning deferred payment of import duties or export duties (1).
Article 26
The Member States shall bring into force the measures necessary to comply with this Directive not later than 1 July 1982. They shall forthwith inform the Commission thereof.
The Commission shall communicate this information to the other Member States.
Article 27
This Directive is addressed to the Member States. | [
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31982L0130 | 1982 | Council Directive 82/130/EEC of 15 February 1982 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas legislation in force in the Member States to ensure the safety of electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp differs from one Member State to another ; whereas these differences are such as to constitute a barrier to trade;
Whereas such differences may be eliminated by approximating the laws of the Member States in order to allow electrical equipment complying with harmonized standards for use in potentially explosive atmospheres in mines susceptible to firedamp to be put on the market throughout the Community;
Whereas provision should also be made to allow electrical equipment using technical processes different from those of these harmonized standards to be put on the market, provided such equipment ensures a level of safety equivalent to that of equipment which conforms to the harmonized standards;
Whereas, however, compliance with harmonized standards or equivalence of safety levels to that of equipment which conforms to the harmonized standards should be verified and tested by a body approved by the Member State concerned;
Whereas a positive result of such verifications and tests should be confirmed both by a certificate and the mark recognized in all Member States;
Whereas, in order to take account of technical progress, the technical requirements prescribed in the harmonized standards on electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp need to be adapted promptly ; whereas, to facilitate the implementation of the measures necessary in this connection, a procedure should be laid down to ensure close cooperation between the Member States and the Commission through the Committee on the adaptation (1) OJ No C 104, 28.4.1980, p. 92. (2) OJ No C 197, 4.8.1980, p. 66. (3) OJ No C 205, 11.8.1980, p. 28. to technical progress of the Directives on the removal of technical barriers to intra-Community trade in electrical equipment in potentially explosive atmospheres in mines susceptible to firedamp;
Whereas it is possible that electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp, although certified and marked for free movement, may represent a safety risk ; whereas a procedure should therefore be laid down to obviate this risk;
Whereas the mining legislation in different Member States applies also to surface installations of mines susceptible to firedamp ; whereas it is necessary to include in this Directive electrical equipment for use in such installations ; whereas it is therefore necessary to derogate from Council Directive 76/117/EEC of 18 December 1975 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres (1) and from Council Directive 79/196/EEC of 6 February 1979 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection (2),
Article 1
This Directive shall apply to electrical equipment for use in underground parts of mines susceptible to firedamp which may be endangered by firedamp.
This Directive shall also apply, by way of derogation from Directives 76/117/EEC and 79/196/EEC, to electrical equipment for use in those parts of surface installations of such mines which may be endangered by firedamp from underground ventilation.
Article 2
Electrical equipment within the meaning of this Directive covers any constituent part of an electrical installation or any other electrical device.
Article 3
The designation of underground parts of mines susceptible to firedamp which may be endangered by firedamp and the surface installations of such mines which may be endangered by firedamp from underground ventilation is left to the initiative of the Member States.
Article 4
1. Member States may not, on safety grounds in respect of the ignition of firedamp, prohibit the sale, free movement or use for its proper purpose of the electrical equipment referred to in Articles 1 and 2: - if its conformity with the harmonized standards is attested by a certificate of conformity issued under the conditions laid down in Article 8 and by the affixing of the distinctive Community mark provided for in Article 11,
- if it differs from harmonized standards because no provision was made in such standards for its design and manufacture, but the verifications and tests have established that it offers a degree of safety at least equivalent to that of equipment which conforms to the harmonized standards and this is attested by an inspection certificate issued under the conditions laid down in Article 9 and by the affixing of the distinctive Community mark provided for in Article 11.
2. Within the meaning of this Directive, use for its proper purpose means use of the electrical equipment, as provided for in the harmonized standards and recorded on the certificate of conformity or inspection certificate, in places where firedamp is liable to form an explosive mixture with air.
3. Where they are not subject to other Community provisions, installation conditions and conditions of use shall remain subject to the laws, regulations and administrative provisions of the Member State concerned.
4. Within the meaning of this Directive, the European Standards (ENs) listed in Annex A and amended in accordance with Annex B are the harmonized standards.
Article 5
1. Any amendments to the content of the Annexes which are necessary to take account of technical progress shall be adopted in accordance with the procedure set out in Article 7. (1) OJ No L 24, 30.1.1976, p. 45. (2) OJ No L 43, 20.2.1979, p. 20.
2. Likewise, any question relating to the inspection certificates referred to in the second indent of Article 4 (1) may be examined in accordance with this procedure.
Article 6
1. The Restricted Committee of the Safety and Health Commission for the Mining and other Extractive Industries set up by Council Decisions of 9 July 1957, 11 March 1965 and 27 June 1974 is hereby charged with the tasks defined in Article 5. Such Committee shall be composed of representatives of the Member States and chaired by a representative of the Commission.
2. The Committee shall establish its own rules of procedure.
Article 7
1. If recourse is had to the procedure defined in this Article, the matter shall be placed before the Committee by its chairman, either on his own initiative or at the request of the representative of a Member State.
2. The chairman shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion within a period which may be fixed by the chairman according to the urgency of the matter. At least 45 votes shall be required before it can deliver its opinion, the votes of Member States being weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.
3. (a) The Commission shall adopt the proposed measures if they are in accordance with the opinion of the Committee.
(b) If the proposed measures are not in accordance with the opinion of the Committee, or if no opinion is expressed, the Commission shall without delay submit a proposal to the Council on the measures to be taken. The Council shall act by a qualified majority.
(c) If the Council has not acted within three months of the date on which the matter was brought before it, the Commission shall adopt the proposed measures.
Article 8
1. The certificate of conformity referred to in the first indent of Article 4 (1) shall be issued by one of the approved bodies referred to in Article 14. It shall attest that the type of electrical equipment concerned complies with the harmonized standards.
A copy of the certificate of conformity shall be forwarded to the Member States and to the Commission within one month of the issue of the certificate.
The approved body which has verified and tested the electrical equipment shall draw up a report which shall be placed at the disposal of the Member States.
2. The approved body which issues the certificate of conformity may withdraw such certificate where it finds that it should not have been issued or where the stipulated conditions have not been met. It may also withdraw such certificate where the manufacturer places on the market electrical equipment which is not in conformity with the type of equipment for which the certificate was issued.
The approved body shall submit a copy of the withdrawal document to the Commission and to the Member States, which shall provide for its transmission to the approved bodies.
The grounds for such withdrawal shall be given in detail. Notice of the withdrawal shall be published in accordance with paragraph 4.
Such withdrawals, and refusals to issue a certificate of conformity, shall be notified forthwith to the party concerned, with an indication of the remedies available under the laws in force in the Member States and of the time limits for the exercise of such remedies.
3. All documents used for certification of the electrical equipment must be held by the originating body and shall if necessary be placed at the disposal of the Commission and the other Member States for the purpose of any special investigation pertaining to safety ; the confidentiality of these documents shall be respected.
4. The Commission shall ensure that relevant extracts from these certificates of conformity are published in the Official Journal of the European Communities.
Article 9
1. The inspection certificate referred to in the second indent of Article 4 (1) shall be issued by one of the bodies referred to in Article 14. It shall attest that the type of electrical equipment offers a degree of safety at least equivalent to that of equipment conforming to the harmonized standards.
2. Before the relevant approved body issues an inspection certificate, the Member State, on the initiative of that approved body, shall send the documents used for certification of the electrical equipment, that is the specifications of the equipment, the report on the verifications and tests carried out by that body and the draft inspection certificate to the Commission and to the other Member States who shall provide for its transmission to the bodies which they have approved. Within four months of receiving this information, such Member States may express their disagreement to the Member State concerned or may request that the matter be referred to the Committee provided for in Article 6. A copy of each communication shall be submitted to the Commission. All correspondence shall be confidential.
3. If, within the time limit specified in paragraph 2, no Member State has expressed disagreement nor requested that the matter be referred to the Committee, the Member State shall authorize the issue of the inspection certificate.
4. If this is not the case, the Commission shall act on the request for the inspection certificate after having obtained the opinion of the Committee.
5. A copy of the inspection certificate shall be sent to the Commission and to the Member States within one month of the issue of the certificate ; the Member States shall provide for its transmission to the bodies which they have approved. The approved body which has verified and tested the electrical equipment shall draw up a final report. This shall be placed at the disposal of the Member States.
6. The approved body which issues an inspection certificate may withdraw such certificate where it finds that it should not have been issued or that the stipulated conditions have not been met. It may also withdraw such certificate if the manufacturer places on the market electrical equipment which is not in conformity with the type of equipment for which the inspection certificate was issued.
The approved body shall send a copy of the withdrawal documents to the Commission and to all Member States, which shall provide for its transmission to the bodies which they have approved.
The grounds for such withdrawal shall be given in detail. Notice of the withdrawal shall be published in accordance with paragraph 8.
Such withdrawals, and refusals to issue an inspection certificate, shall be notified forthwith to the party concerned, with an indication of the remedies available under the laws in force in the Member States and of the time limits for the exercise of such remedies.
7. All documents used for certification of the electrical equipment must be held by the originating body and shall if necessary be placed at the disposal of the Commission and the other Member States for the purpose of any special investigation pertaining to safety ; the confidentiality of such documents shall be respected.
8. The Commission shall ensure that relevant extracts from these inspection certificates are published in the Official Journal of the European Communities.
Article 10
Copies of the documents referred to in Article 8 (3) and Article 9 (7) shall be forwarded to the holder of the certificate at his request ; he shall be free to use them as he wishes.
Article 11
1. The distinctive Community mark affixed to electrical equipment by the manufacturer shall attest that such equipment conforms to the type of equipment which has received a certificate of conformity or an inspection certificate, and that it has undergone any routine verifications and tests either prescribed by the harmonized standards in the case that a certificate of conformity has been issued or referred to in the certificate of inspection itself.
The model of the distinctive Community mark is reproduced in Section I of Annex C. Such mark shall be affixed in such a way as to be visible, legible and durable.
2. The Member States shall take adequate measures to ensure that the distinctive Community mark is affixed by the manufacturer only if he possesses the appropriate certificate of conformity or the appropriate inspection certificate. They shall also take all necessary measures to prohibit the affixing on equipment not covered by a certificate of conformity or by an inspection certificate of marks or inscriptions which might be confused with the distinctive Community mark.
3. The certificate of conformity or the inspection certificate may stipulate that the electrical equipment be accompanied by instructions explaining the special conditions for its use.
4. When an inspection certificate in accordance with Article 9 has been issued for a type of electrical equipment which is not in conformity with the harmonized standards, the distinctive Community mark must be supplemented by the marking specified in Section II of Annex C.
5. The model of the certificate of conformity is contained in Annex D.
Article 12
Member States shall make all necessary arrangements to ensure adequate surveillance of the manufacture of the electrical equipment covered by this Directive.
Article 13
1. If a Member State establishes, on the basis of a close examination, that electrical equipment, although complying with a type of equipment for which a certificate of conformity or an inspection certificate was issued, represents a safety hazard, it may provisionally prohibit the sale of the equipment in its territory or make it subject to special conditions. It shall immediately inform the other Member States and the Commission thereof, stating the grounds for its decision.
2. The Commission shall, within six weeks, consult the Member States. It shall then deliver its opinion forthwith and take appropriate measures.
3. Where the Commission is of the opinion that technical adaptations to the harmonized standards are necessary, such adaptations shall be adopted under the procedure laid down in Article 7. In that event, the Member State which has adopted safeguard measures may maintain them until such adaptations enter into force.
Article 14
Each Member State shall forward to the other Member States and the Commission a list of the bodies approved by it to verify and test the equipment and/or issue the certificates of conformity and the inspection certificates, and the addresses for the correspondence referred to in Articles 8 and 9.
The above notification must be completed not later than six months after notification of this Directive.
Each Member State shall immediately report any change in these lists.
Article 15
Member States shall take the measures necessary to comply with this Directive within 18 months of its notification. They shall forthwith inform the Commission thereof.
Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.
Article 16
This Directive is addressed to the Member States. | [
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31982L0121 | 1982 | Council Directive 82/121/EEC of 15 February 1982 on information to be published on a regular basis by companies the shares of which have been admitted to official stock-exchange listing
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (3) (g) and 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Council Directive 80/390/EEC of 17 March 1980 coordinating the requirements for the drawing up, scrutiny and distribution of the listing particulars to be published for the admission of securities to official stock-exchange listing (4) seeks to ensure improved protection of investors and a greater degree of equivalence in the protection provided, by coordinating requirements as to the information to be published at the time of admission;
Whereas, in the case of securities admitted to official stock-exchange listing, the protection of investors requires that the latter be supplied with appropriate regular information throughout the entire period during which the securities are listed; whereas coordination of requirements for this regular information has similar objectives to those envisaged for the listing particulars, namely to improve such protection and to make it more equivalent, to facilitate the listing of these securities on more than one stock exchange in the Community, and in so doing to contribute towards the establishment of a genuine Community capital market by permitting a fuller interpenetration of securities markets;
Whereas, under Council Directive 79/279/EEC of 5 March 1979 coordinating the conditions for the admission of securities to official stock-exchange listing (5), listed companies must as soon as possible make available to investors their annual accounts and report giving information on the company for the whole of the financial year; whereas the fourth Directive 78/660/EEC (6) has coordinated the laws, regulations and administrative provisions of the Member States concerning the annual accounts of certain types of companies;
Whereas companies should also, at least once during each financial year, make available to investors reports on their activities; whereas this Directive can, consequently, be confined to coordinating the content and distribution of a single report covering the first six months of the financial year;
Whereas, however, in the case of ordinary debentures, because of the rights they confer on their holders, the protection of investors by means of the publication of a half-yearly report is not essential; whereas, by virtue
of Directive 79/279/EEC, convertible or exchangeable debentures and debentures with warrants may be admitted to official listing only if the related shares are already listed on the same stock exchange or on another regulated, regularly operating, recognized open market or are so admitted simultaneously; whereas the Member States may derogate from this principle only if their competent authorities are satisfied that holders have at their disposal all the information necessary to form an opinion concerning the value of the shares to which these debentures relate; whereas, consequently, regular information needs to be coordinated only for companies whose shares are admitted to official stock-exchange listing;
Whereas the half-yearly report must enable investors to make an informed appraisal of the general development of the company's activities during the period covered by the report; whereas, however, this report need contain only the essential details on the financial position and general progress of the business of the company in question;
Whereas, in order to take account of difficulties resulting from the current state of laws in certain Member States, companies may be allowed a longer period to implement the provisions of this Directive than that laid down for the adaptation of national laws;
Whereas, so as to ensure the effective protection of investors and the proper operation of stock exchanges, the rules relating to regular information to be published by companies, the shares of which are admitted to official stock-exchange listing within the Community, should apply not only to companies from Member States, but also to companies from non-member countries
SECTION I
General provisions and scope
Article 1
1. This Directive shall apply to companies the shares of which are admitted to official listing on a stock exchange situated or operating in a Member State, whether the admission is of the shares themselves or of certificates representing them and whether such admission precedes or follows the date on which this Directive enters into force.
2. This Directive shall not, however, apply to investment companies other than those of the closed-end type.
For the purposes of this Directive 'investment companies other than those of the closed-end type' shall mean investment companies:
- the object of which is the collective investment of capital provided by the public, and which operate on the principle of risk spreading, and
- the shares of which are, at the holders' request, repurchased or redeemed, directly or indirectly, out of those companies' assets. Action taken by such companies to ensure that the stock-exchange value of their shares does not significantly vary from their net asset value shall be regarded as equivalent to such repurchase or redemption.
3. The Member States may exclude central banks from the scope of this Directive.
Article 2
The Member States shall ensure that the companies publish half-yearly reports on their activities and profits and losses during the first six months of each financial year.
Article 3
The Member States may subject companies to obligations more stringent than those provided for by this Directive or to additional obligations, provided that they apply generally to all companies or to all companies of a given class.
SECTION II
Publication and contents
of the half-yearly report
Article 4
1. The half-yearly report shall be published within four months of the end of the relevant six-month period.
2. In exceptional, duly substantiated cases, the competent authorities shall be permitted to extend the time limit for publication.
Article 5
1. The half-yearly report shall consist of figures and an explanatory statement relating to the company's activities and profits and losses during the relevant six-month period.
2. The figures, presented in table form, shall indicate at least:
- the net turnover, and
- the profit or loss before or after deduction of tax.
These terms shall have the same meanings as in the Council Directives on company accounts.
3. The Member States may allow the competent authorities to authorize companies, exceptionally and on a case-by-case basis, to supply estimated figures for profits and losses, provided that the shares of each such company are listed officially in only one Member State. The use of this procedure must be indicated by the company in its report and must not mislead investors.
4. Where the company has paid or proposes to pay an interim dividend, the figures must indicate the profit or loss after tax for the six-month period and the interim dividend paid or proposed.
5. Against each figure there must be shown the figure for the corresponding period in the preceding financial year.
6. The explanatory statement must include any significant information enabling investors to make an informed assessment of the trend of the company's activities and profits or losses together with an indication of any special factor which has influenced those activities and those profits or losses during the period in question, and enable a comparison to be made with the corresponding period of the preceding financial year.
It must also, as far as possible, refer to the company's likely future development in the current financial year.
7. Where the figures provided for in paragraph 2 are unsuited to the company's activities, the competent authorities shall ensure that appropriate adjustments are made.
Article 6
Where a company publishes consolidated accounts it may publish its half-yearly report in either consolidated or unconsolidated form. However, the Member States may allow the competent authorities, where the latter consider that the form not adopted would have contained additional material information, to require the company to publish such information.
Article 7
1. The half-yearly report must be published in the Member State or Member States where the shares are admitted to official listing by insertion in one or more newspapers distributed throughout the State or widely distributed therein or in the national gazette, or shall be made available to the public either in writing in places indicated by announcement to be published in one or more newspapers distributed throughout the State or widely distributed therein, or by other equivalent means approved by the competent authorities.
2. A half-yearly report must be drawn up in the official language or languages or in one of the official languages or in another language, provided that, in the Member State concerned, such official language or languages or such other language are customary in the sphere of finance and are accepted by the competent authorities.
3. The company shall send a copy of its half-yearly report simultaneously to the competent authorities of each Member State in which its shares are admitted to official listing. It shall do so not later than the time when the half-yearly report is published for the first time in a Member State.
Article 8
Where the accounting information has been audited by the official auditor of the company's accounts, that auditor's report and any qualifications he may have shall be reproduced in full.
SECTION III
Powers of the competent authorities
Article 9
1. Member States shall appoint one or more competent authorities and shall notify the Commission of the appointment of such authorities, giving details of any division of powers among them. Member States shall also ensure that this Directive is applied.
2. The Member States shall ensure that the competent authorities have the necessary powers to carry out their task.
3. Where particular requirements of this Directive are unsuited to a company's activities or circumstances, the competent authorities shall ensure that suitable adaptations are made to such requirements.
4. The competent authorities may authorize the omission from the half-yearly report of certain information provided for in this Directive if they consider that disclosure of such information would be contrary to the public interest or seriously detrimental to the company, provided that, in the latter case, such omission would not be likely to mislead the public with regard to facts and circumstances knowledge of which is essential for the assessment of the shares in question.
The company or its representatives shall be responsible for the correctness and relevance of the facts on which any application for such exemption is based.
5. Paragraphs 3 and 4 shall also apply to the more stringent or additional obligations imposed pursuant to Article 3.
6. If a company governed by the law of a non-member country publishes a half-yearly report in a non-member country, the competent authorities may authorize it to publish that report instead of the half-yearly report provided for in this Directive, provided that the information given is equivalent to that which would result from the application of this Directive.
7. This Directive shall not affect the competent authorities' liability, which shall continue to be governed solely by national law.
SECTION IV
Cooperation between Member States
Article 10
1. The competent authorities shall cooperate whenever necessary for the purpose of carrying out their duties and shall exchange any information required for that purpose.
2. Where a half-yearly report has to be published in more than one Member State, the competent authorities of these Member States shall, by way of derogation from Article 3, use their best endeavours to accept as a single text the text which meets the requirements of the Member State in which the company's shares were admitted to official listing for the first time or the text which most closely approximates to that text. In cases of simultaneous admission to official listing on two or more stock exchanges situated or operating in different Member States, the competent authorities of the Member States concerned shall use their best endeavours to accept as a single text the text of the report which meets the requirements of the Member State in which the company's head office is situated; if the company's head office is situated in a non-member country, the competent authorities of the Member States concerned shall use their best endeavours to accept a single version of the report.
SECTION V
Contact Committee
Article 11
1. The Contact Committee set up by Article 20 of Directive 79/279/EEC shall also have as its function:
(a) without prejudice to Articles 169 and 170 of the Treaty to facilitate the harmonized implementation of this Directive through regular consultations on any practical problems arising from its application on which exchanges of views are deemed useful;
(b) to facilitate consultation between the Member States on the more stringent or additional obligations which they may impose pursuant to Article 3 with a view to the ultimate convergence of obligations imposed in all Member States, in accordance with Article 54 (3) (g) of the Treaty;
(c) to advise the Commission, if necessary, on any additions or amendments to be made to this Directive; in particular, the Committee shall consider the possible modification of Articles 3 and 5 in the light of progress towards the convergence of obligations referred to in (b) above.
2. Within five years of notification of this Directive, the Commission shall, after consulting the Contact Committee, submit to the Council a report on the application of Articles 3 and 5 and on such modifications as it would be possible to make thereto.
SECTION VI
Final provisions
Article 12
1. Member States shall bring into force the measures necessary to comply with this Directive not later than 30 June 1983. They shall forthwith inform the Commission thereof.
2. Member States may postpone application of the measures referred to in paragraph 1 until 36 months from the date on which they bring such measures into force.
3. As from the notification of this Directive, Member States shall communicate to the Commission the main provisions of the laws, regulations and administrative provisions which they adopt in the field governed by this Directive.
Article 13
This Directive is addressed to the Member States. | [
"UKPGA19860060"
] |
31982L0176 | 1982 | Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (1), and in particular Article 6 thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee (4),
Whereas, in order to protect the aquatic environment of the Community against pollution by certain dangerous substances, Article 3 of Directive 76/464/EEC provides for a system of prior authorization laying down emission standards for discharges of the substances in List I in the Annex thereto; whereas Article 6 of the same Directive provides that limit values shall be laid down for such emission standards and also quality objectives for the aquatic environment affected by these substances;
Whereas mercury and its compounds are included in List I;
Whereas the Member States are required to apply the limit values except in the cases where they may employ quality objectives;
Whereas, since the pollution caused by discharges of mercury into water is caused, to a large extent, by the electrolysis of alkali chlorides, in the first instance limit values should be established for this industry and quality objectives should be laid down for the aquatic environment into which mercury is discharged by this industry; whereas such discharges should therefore require prior authorization;
Whereas the purpose of such quality objectives must be to eliminate mercury pollution of the various parts of the aquatic environment which might be affected by mercury-bearing discharges from the chlor-alkali electrolysis industry;
Whereas such quality objectives must be laid down expressly for this purpose and not with the intention of establishing rules pertaining to consumer protection or to the marketing of products from the aquatic environment;
Whereas a specific monitoring procedure should be instituted to enable the Member States to demonstrate that the quality objectives are complied with;
Whereas provision should be made for the monitoring by the Member States of the aquatic environment affected by the said mercury discharges with a view to efficient application of this Directive; whereas Article 6 of Directive 76/464/EEC does not provide for the powers to introduce such monitoring; whereas, since the necessary powers of action have not been provided for in the Treaty, Article 235 thereof should be invoked;
Whereas it is important that the Commission forward to the Council, every five years, a comparative assessment of the implementation of this Directive by the Member States;
Whereas, since groundwater is the subject of a specific Directive, it is excluded from the scope of this Directive,
Article 1
1. This Directive:
- in pursuance of Article 6 (1) of Directive 76/464/EEC, lays down limit values for emission standards for mercury in discharges from industrial plants as defined in Article 2 point (d) of this Directive,
- in pursuance of Article 6 (2) of Directive 76/464/EEC, lays down quality objectives for mercury in the aquatic environment,
- in pursuance of Article 6 (4) of Directive 76/464/EEC, lays down the time limits for compliance with the conditions of the authorizations granted by the competent authorities of Member States in the case of existing discharges,
- in pursuance of Article 12 (1) of Directive 76/464/EEC, lays down the reference methods of measurement enabling the mercury content in discharges and in the aquatic environment to be determined,
- in pursuance of Article 6 (3) of Directive 76/464/EEC, establishes a monitoring procedure,
- requires Member States to cooperate with one another in the case of discharges affecting the waters of more than one Member State.
2. This Directive applies to the waters referred to in Article 1 of Directive 76/464/EEC with the exception of groundwater.
Article 2
For the purposes of this Directive:
(a) 'mercury' means:
- the chemical element mercury,
- the mercury contained in any of its compounds;
(b) 'limit values' means:
the values specified in Annex I;
(c) 'quality objectives' means:
the requirements specified in Annex II;
(d) 'industrial plant' means:
a plant in which alkali chlorides are electrolyzed by means of mercury cells;
(e) 'existing plant' means:
an industrial plant which is operational on the date of notification of this Directive;
(f) 'new plant' means:
- an industrial plant which has become operational after the date of notification of this Directive,
- an existing industrial plant whose capacity for the electrolysis of alkali chlorides by means of mercury cells has been substantially increased after the date of notification of this Directive.
Article 3
1. The limit values, the time limits by which they must be complied with and the monitoring procedure for discharges are laid down in Annex I.
2. The authorizations referred to in Article 3 of Directive 76/464/EEC must contain provisions at least as stringent as those in Annex I to this Directive, except in cases where a Member State is complying with Article 6 (3) of Directive 76/464/EEC on the basis of Annexes II and IV to the present Directive.
The authorizations shall be reviewed at least every four years.
3. Without prejudice to their obligations arising out of paragraphs 1 and 2 and the provisions of Directive 76/464/EEC, Member States may grant authorizations for new plants only if such authorizations contain a reference to the standards corresponding to the best technical means available for preventing discharges of mercury.
Whatever the method it adopts, the Member State, where for technical reasons the intended measures do not conform to the best technical means available, shall provide the Commission, before any authorization, with the justifications for these reasons.
Within three months, the Commission shall send a report to the Member States stating its opinion on the derogation covered by the second subparagraph.
4. The reference method of analysis for determining the presence of mercury are given in Annex III.1. Other methods may be used provided that the limits of detection, precision and accuracy of such methods are at least as good as those laid down in Annex III.1. The accuracy required in the measurement of effluent flow is given in Annex III.2.
Article 4
The Member States concerned shall be responsible for monitoring the aquatic environment affected by industrial discharges. In the case of discharges affecting the waters of several Member States, the Member States concerned shall cooperate with a view to harmonizing monitoring procedures.
Article 5
1. From the information supplied to it by the Member States pursuant to Article 13 of Directive 76/464/EEC on receipt of a request which it must submit in each case, in particular concerning:
- details of authorizations laying down emission standards with regard to discharges of mercury,
- results of measurements made by the national network set up to determine concentrations of mercury,
the Commission shall make a comparative assessment of the implementation of the present Directive by the Member States.
2. Every five years the Commission shall forward to the Council the comparative assessment referred to in paragraph 1.
In the event of a change in scientific knowledge relating principally to the toxicity, persistence and accumulation of mercury in living organisms and sediments or in the event of an improvement in the best technical means available, the Commission shall submit appropriate proposals to the Council with the aim of reinforcing, if necessary, the limit values and the quality objectives.
Article 6
1. Member States shall bring into force the measures necessary to comply with this Directive before 1 July 1983. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive.
Article 7
This Directive is addressed to the Member States. | [
"UKSI19892286"
] |
31982L0347 | 1982 | Commission Directive 82/347/EEC of 23 April 1982 laying down certain provisions for implementing Council Directive 81/177/EEC on the harmonization of procedures for the export of Community goods
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO COUNCIL DIRECTIVE 81/177/EEC OF 24 FEBRUARY 1981 ON THE HARMONIZATION OF PROCEDURES FOR THE EXPORT OF COMMUNITY GOODS ( 1 ) , AND IN PARTICULAR ARTICLE 21 ( 2 ) THEREOF ,
WHEREAS , IN ORDER TO DEFINE CLEARLY THE OBLIGATIONS WHICH THE PERSON WHO DRAWS UP THE EXPORT DECLARATION MUST FULFIL PURSUANT TO ARTICLE 3 OF DIRECTIVE 81/177/EEC , IT IS NECESSARY TO SPECIFY THE PARTICULARS WHICH THE DECLARATION MUST CONTAIN AND THE DOCUMENTS WHICH MUST ACCOMPANY THAT DECLARATION ;
WHEREAS , IN ORDER TO ENSURE CORRECT APPLICATION OF EXPORT DUTIES AND OF ANY OTHER COMMUNITY PROVISIONS GOVERNING THE EXPORT OF GOODS , IT IS NECESSARY TO ESTABLISH PRACTICAL , UNIFORM PROCEDURES FOR THE EXAMINATION OF THE GOODS WHICH THE CUSTOMS AUTHORITY MAY CARRY OUT PURSUANT TO ARTICLE 9 OF DIRECTIVE 81/177/EEC , AND IN PARTICULAR FOR THE TAKING OF SAMPLES WHICH THIS AUTHORITY MAY CARRY OUT FOR THE PURPOSES OF SUCH EXAMINATION ; WHEREAS , IN PARTICULAR , PROVISION MUST BE MADE FOR APPROPRIATE MEASURES TO DEAL WITH ANY REFUSAL ON THE PART OF THE DECLARANT TO BE PRESENT AT THE EXAMINATION AND TAKING OF SAMPLES , AT THE REQUEST OF THE CUSTOMS AUTHORITY , WITH A VIEW TO RECTIFYING THE SUSPENDED OPERATION ;
WHEREAS , IN VIEW OF THE IMPORTANT CONSEQUENCES WHICH THE RESULTS OF VERIFICATION BY THE CUSTOMS AUTHORITY OF THE EXPORT DECLARATION AND ITS ACCOMPANYING DOCUMENTS HAVE FOR THE CORRENT APPLICATION OF EXPORT DUTIES AND OF ANY OTHER COMMUNITY PROVISIONS GOVERNING THE EXPORT OF GOODS PURSUANT TO ARTICLE 10 ( 1 ) OF DIRECTIVE 81/177/EEC , THE PROCEDURE ACCORDING TO WHICH THIS AUTHORITY MUST SET OUT THESE RESULTS ON THE DECLARATION MUST BE LAID DOWN ;
WHEREAS , IN ORDER TO ENSURE UNIFORM IMPLEMENTATION OF THE PROVISIONS OF ARTICLE 13 OF DIRECTIVE 81/177/EEC , WHEREBY THE CUSTOMS AUTHORITY MAY AUTHORIZE EXPORT OF THE GOODS ONLY AFTER MAKING CERTAIN , WHERE APPROPRIATE , THAT THE DUTIES ENTERED IN THE ACCOUNTS HAVE BEEN PAID OR COVERED BY SECURITY , IT IS NECESSARY TO LAY DOWN THE RULES TO BE RESPECTED BY THAT AUTHORITY WHERE IT AUTHORIZES THE EXPORT OF THE GOODS WITHOUT HAVING THE RESULTS OF THE CHECKS THAT IT HAS UNDERTAKEN ;
WHEREAS THE PROVISIONS OF THIS DIRECTIVE SHALL APPLY WITHOUT PREJUDICE TO COUNCIL REGULATION ( EEC ) NO 1736/75 OF 24 JUNE 1975 ON THE EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND STATISTICS OF TRADE BETWEEN MEMBER STATES ( 2 ) , AND TO COUNCIL REGULATION ( EEC ) NO 2102/77 OF 20 SEPTEMBER 1977 INTRODUCING A COMMUNITY EXPORT DECLARATION FORM ( 3 ) ; WHEREAS THESE PROVISIONS SHALL NOT AFFECT THE SPECIAL PROVISIONS GOVERNING THE GRANTING OF EXPORT REFUNDS AND OTHER EXPORT AMOUNTS LAID DOWN WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY ;
WHEREAS THE PROVISIONS OF THIS DIRECTIVE ARE IN CONFORMITY WITH THE OPINION OF THE COMMITTEE ON GENERAL CUSTOMS RULES ,
ARTICLE 1
THIS DIRECTIVE LAYS DOWN CERTAIN PROVISIONS FOR IMPLEMENTING ARTICLES 3 , 9 , 10 ( 1 ) AND 13 OF COUNCIL DIRECTIVE 81/177/EEC , HEREINAFTER REFERRED TO AS " THE BASIC DIRECTIVE " .
TITLE I
CONTENTS OF THE EXPORT DECLARATION
ARTICLE 2
1 . THE PARTICULARS REFERRED TO IN ARTICLE 3 ( 1 ) OF THE BASIC DIRECTIVE WHICH MUST BE CONTAINED IN THE EXPORT DECLARATION SHALL BE THE FOLLOWING :
( A ) THE DECLARANT'S NAME AND ADDRESS AND , WHERE HE IS ACTING ON BEHALF OF A THIRD PARTY , THE LEGAL RELATIONSHIP UNDER WHICH HE DOES SO , WHERE SUCH INFORMATION IS NECESSARY FOR DETERMINING THE PERSON LIABLE FOR PAYMENT OF ANY EXPORT DUTIES ;
( B ) WHERE THE DECLARANT IS NOT HIMSELF THE EXPORTER OF THE GOODS , THE NAME AND ADDRESS OF THE SAID EXPORTER ;
( C ) IN RESPECT OF GOODS WHICH ARE UNDER A CUSTOMS PROCEDURE , A REFERENCE TO THAT PROCEDURE ;
( D ) THE NUMBER , KIND , MARKS AND SERIAL NUMBERS OF PACKAGES CONTAINING THE GOODS DECLARED OR , IF THE GOODS ARE NOT PACKED , THE NUMBER OF ARTICLES COVERED BY THE DECLARATION OR THE WORD " BULK " , AS THE CASE MAY BE , AND THE PARTICULARS NECESSARY TO IDENTIFY SUCH UNPACKED GOODS ;
( E ) THE LOCATION OF THE GOODS DECLARED , WHERE THE CUSTOMS AUTHORITY CONSIDERS THIS NECESSARY ;
( F ) IN THE CASE OF GOODS COVERED BY THE COMMON AGRICULTURAL POLICY , THE HEADING OR SUBHEADING OF THE GOODS IN THE COMMON CUSTOMS TARIFF NOMENCLATURE AND , IF NECESSARY , IN THE PARTICULAR AGRICULTURAL NOMENCLATURE WHICH MUST BE USED FOR THE OPERATION IN QUESTION , AND A DESCRIPTION OF THE SAID GOODS IN THE TERMS OF THAT NOMENCLATURE OR IN TERMS THAT ARE SUFFICIENTLY PRECISE TO ENABLE THE CUSTOMS AUTHORITY TO DETERMINE FORTHWITH AND UNAMBIGUOUSLY THAT THEY CORRESPOND TO THE TARIFF HEADING OR SUBHEADING SO DECLARED ;
( G ) IN THE CASE OF GOODS OTHER THAN THOSE REFERRED TO UNDER ( F ) , THEIR DESCRIPTION IN TERMS THAT ARE SUFFICIENTLY PRECISE TO ENABLE THEM TO BE IDENTIFIED AND CHECKED ;
( H ) IN THE CASE OF GOODS LIABLE TO EXPORT DUTIES OR GOODS IN RESPECT OF WHICH THE GRANT OF EXPORT REFUNDS OR OTHER EXPORT AMOUNTS WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY WILL BE REQUESTED , A STATEMENT OF THE QUANTITY AND ANY ADDITIONAL PARTICULARS THAT MAY BE NECESSARY FOR APPLICATION OF SUCH DUTIES OR FOR THE CALCULATION OF SUCH REFUNDS OR AMOUNTS ;
( I ) THE COUNTRY OF DESTINATION OF THE GOODS , WITHIN THE MEANING OF ARTICLE 12 OF REGULATION ( EEC ) NO 1736/75 ;
( J ) THE SERIAL NUMBER , PRECEDED BY THE LETTER(S ) INDICATING THE MEMBER STATE ISSUING ANY EXPORT LICENCE OR ADVANCE-FIXING CERTIFICATE PRESENTED PURSUANT TO THE PROVISIONS APPLICABLE IN RESPECT OF THE COMMON AGRICULTURAL POLICY ;
( K ) ALL OTHER PARTICULARS NEEDED FOR APPLICATION OF THE RULES GOVERNING THE EXPORT OF THE GOODS .
2 . IN ADDITION TO THE PARTICULARS REFERRED TO IN PARAGRAPH 1 , THE MEMBER STATES MAY REQUIRE THAT THE FOLLOWING BE INCLUDED IN THE DECLARATION :
( A ) THE NAME AND ADDRESS OF THE CONSIGNEE OF THE GOODS ;
( B ) THE RATE OF ANY EXPORT DUTY APPLICABLE TO THE GOODS DECLARED ;
( C ) FOR INFORMATION PURPOSES THE AMOUNT OF EXPORT DUTY , AS CALCULATED BY THE DECLARANT .
ARTICLE 3
1 . THE CUSTOMS AUTHORITY MAY , SHOULD IT CONSIDER IT NECESSARY , REQUIRE TRANSPORT DOCUMENTS OR , AS THE CASE MAY BE , DOCUMENTS RELATING TO THE PREVIOUS CUSTOMS PROCEDURE , TO BE PRODUCED WHEN THE DECLARATION IS LODGED .
WHERE A SINGLE ITEM IS PRESENTED IN TWO OR MORE PACKAGES , THE CUSTOMS AUTHORITY MAY ALSO REQUIRE THE PRODUCTION OF A PACKING LIST OR EQUIVALENT DOCUMENT STATING THE CONTENTS OF EACH PACKAGE .
2 . THE ACCOMPANYING DOCUMENTS MUST BE KEPT BY THE CUSTOMS AUTHORITY UNLESS PROVIDED OTHERWISE OR UNLESS THE DECLARANT REQUIRES THEM FOR OTHER OPERATIONS . IN THE LATTER CASE , THE CUSTOMS AUTHORITY SHALL TAKE THE NECESSARY STEPS TO ENSURE THAT THE DOCUMENTS IN QUESTION CANNOT SUBSEQUENTLY BE USED EXCEPT IN RESPECT OF THE QUANTITY OR VALUE OF GOODS FOR WHICH THEY REMAIN VALID .
TITLE II
VERIFICATION OF THE EXPORT DECLARATION
A . DOCUMENTARY VERIFICATION
ARTICLE 4
WITHOUT PREJUDICE TO VERIFICATION CARRIED OUT BEFORE A DECLARATION IS ACCEPTED , FOR THE PURPOSE OF ASCERTAINING WHETHER IT IS ACCEPTABLE , THE CUSTOMS AUTHORITY MAY , WHERE IT CONSIDERS THIS NECESSARY , CHECK THE DECLARATION AND THE DOCUMENTS ACCOMPANYING IT IN ORDER TO ENSURE , THAT THE INFORMATION CONTAINED IN THE LATTER CORRESPONDS TO THAT GIVEN IN THE DECLARATION .
B . EXAMINATION OF THE GOODS
ARTICLE 5
WHERE THE CUSTOMS AUTHORITY DECIDES TO EXAMINE A PART OF THE GOODS ONLY , IT SHALL INFORM THE DECLARANT OR HIS REPRESENTATIVE WHICH ITEMS IT WISHES TO EXAMINE . THE AUTHORITY'S CHOICE SHALL BE FINAL .
THE FINDINGS OF SUCH PARTIAL EXAMINATION SHALL APPLY TO ALL GOODS COVERED BY THE DECLARATION IN QUESTION . HOWEVER , THE DECLARANT MAY REQUEST A FURTHER EXAMINATION SHOULD HE CONSIDER THAT THE FINDINGS OF THE PARTIAL EXAMINATION ARE NOT VALID FOR THE REMAINDER OF THE GOODS DECLARED .
ARTICLE 6
1 . WHERE THE CUSTOMS AUTHORITY ELECTS TO EXAMINE GOODS , IT SHALL SO INFORM THE DECLARANT OR HIS REPRESENTATIVE .
2 . THE DECLARANT OR THE PERSON DESIGNATED BY HIM TO BE PRESENT AT THE EXAMINATION OF THE GOODS SHALL PROVIDE THE CUSTOMS AUTHORITY WITH THE ASSISTANCE REQUIRED TO FACILITATE ITS WORK . SHOULD THE CUSTOMS AUTHORITY CONSIDER THE ASSISTANCE GIVEN UNSATISFACTORY , IT MAY REQUIRE THE DECLARANT TO DESIGNATE ANOTHER PERSON ABLE TO GIVE THE NECESSARY ASSISTANCE .
3 . WHERE THE DECLARANT REFUSES TO BE PRESENT AT THE EXAMINATION OF THE GOODS OR TO DESIGNATE A PERSON ABLE TO GIVE THE ASSISTANCE WHICH THE CUSTOMS AUTHORITY CONSIDERS NECESSARY , THE LATTER SHALL SET THE DECLARANT A PERIOD IN WHICH TO COMPLY , UNLESS IT CONSIDERS THAT SUCH AN EXAMINATION MAY BE DISPENSED WITH .
IF , ON EXPIRY OF THE PERIOD LAID DOWN , THE DECLARANT HAS NOT COMPLIED WITH THE REQUIREMENTS OF THE CUSTOMS AUTHORITY , THE LATTER SHALL PROCEED WITH THE EXAMINATION OF THE GOODS , AT THE DECLARANT'S RISK AND EXPENSE , CALLING , IF NECESSARY , ON THE SERVICES OF AN EXPERT OR OF ANY PERSON DESIGNATED IN ACCORDANCE WITH THE PROVISIONS IN FORCE .
FINDINGS MADE BY THE CUSTOMS AUTHORITY DURING EXAMINATIONS CARRIED OUT UNDER THE CONDITIONS REFERRED TO IN THE PRECEDING SUBPARAGRAPH SHALL HAVE THE SAME VALIDITY AS IF THE GOODS HAD BEEN EXAMINED IN THE PRESENCE OF THE DECLARANT .
4 . INSTEAD OF THE PROVISIONS LAID DOWN IN PARAGRAPH 3 , MEMBER STATES MAY PROVIDE FOR THE CUSTOMS AUTHORITY TO HAVE THE OPTION OF INVALIDATING THE DECLARATION IN CASES WHERE IT IS BEYOND DOUBT THAT THE DECLARANT'S REFUSAL TO BE PRESENT AT THE EXAMINATION OF THE GOODS OR TO DESIGNATE A PERSON ABLE TO GIVE THE NECESSARY ASSISTANCE IS NOT INTENDED TO PREVENT , NOR IN EFFECT PREVENTS , THAT AUTHORITY FROM FINDING THAT THE RULES GOVERNING THE EXPORT OF THE GOODS HAVE BEEN BREACHED .
C . TAKING OF SAMPLES
ARTICLE 7
1 . WHERE THE CUSTOMS AUTHORITY DECIDES TO TAKE SAMPLES , IT SHALL SO INFORM THE DECLARANT OR HIS REPRESENTATIVE .
SHOULD THE CUSTOMS AUTHORITY CONSIDER THIS DESIRABLE , IT MAY REQUIRE THE DECLARANT TO BE PRESENT AT THE TAKING OF SAMPLES , OR TO ARRANGE TO BE REPRESENTED BY A PERSON ABLE TO RENDER THE AUTHORITY THE NECESSARY ASSISTANCE .
2 . SAMPLES SHALL BE TAKEN BY THE CUSTOMS AUTHORITY WHICH MAY , HOWEVER , ASK THAT THIS BE DONE UNDER ITS SUPERVISION BY THE DECLARANT OR A PERSON DESIGNATED BY HIM .
SAMPLES SHALL BE TAKEN IN ACCORDANCE WITH THE METHODS LAID DOWN IN THE PROVISIONS IN FORCE .
3 . QUANTITIES TAKEN AS SAMPLES SHOULD NOT EXCEED WHAT IS NEEDED FOR ANALYSIS OR DETAILED EXAMINATION , INCLUDING POSSIBLE CHECK ANALYSIS .
ARTICLE 8
1 . THE DECLARANT OR THE PERSON DESIGNATED BY HIM TO BE PRESENT AT THE TAKING OF SAMPLES SHALL RENDER TO THE CUSTOMS AUTHORITY ALL THE ASSISTANCE NEEDED TO FACILITATE THE OPERATION . SHOULD THE CUSTOMS AUTHORITY CONSIDER THE ASSISTANCE GIVEN UNSATISFACTORY , IT MAY REQUIRE THE DECLARANT TO DESIGNATE ANOTHER PERSON ABLE TO GIVE THE NECESSARY ASSISTANCE .
2 . WHERE THE DECLARANT REFUSES TO BE PRESENT AT THE TAKING OF SAMPLES OR TO DESIGNATE A PERSON ABLE TO GIVE THE ASSISTANCE WHICH THE CUSTOMS AUTHORITY CONSIDERS NECESSARY , THE PROVISIONS OF ARTICLE 6 ( 3 ) AND ( 4 ) SHALL APPLY .
ARTICLE 9
WHERE THE CUSTOMS AUTHORITY TAKES SAMPLES FOR ANALYSIS OR DETAILED EXAMINATION , IT SHALL AUTHORIZE EXPORT OF THE GOODS IN QUESTION WITHOUT WAITING FOR THE RESULTS OF THE ANALYSIS OR EXAMINATION , UNLESS THERE ARE OTHER GROUNDS FOR NOT DOING SO .
IN THIS CASE , THE PROVISIONS OF ARTICLE 14 SHALL APPLY .
ARTICLE 10
THE QUANTITIES TAKEN BY THE CUSTOMS AUTHORITY AS SAMPLES SHALL NOT BE DEDUCTED FROM THE QUANTITY DECLARED .
THE DECLARANT MAY BE AUTHORIZED , WHERE CIRCUMSTANCES ALLOW , TO REPLACE THE QUANTITIES OF GOODS TAKEN AS SAMPLES BY IDENTICAL GOODS IN ORDER TO COMPLETE THE CONSIGNMENT .
ARTICLE 11
UNLESS DESTROYED BY THE ANALYSIS OR DETAILED EXAMINATION , THE SAMPLES TAKEN SHALL BE RETURNED TO THE DECLARANT , AT HIS REQUEST AND EXPENSE , ONCE THEY NO LONGER NEED TO BE KEPT BY THE CUSTOMS AUTHORITY , IN PARTICULAR AFTER ALL THE DECLARANT'S MEANS OF APPEAL AGAINST THE DECISION TAKEN ON THE BASIS OF THE RESULTS OF THAT ANALYSIS OR DETAILED EXAMINATION HAVE BEEN EXHAUSTED .
WHERE THE DECLARANT DOES NOT ASK FOR SAMPLES TO BE RETURNED , THEY MAY EITHER BE DESTROYED OR KEPT TO FACILITATE CHECKING OF SUBSEQUENT OPERATIONS . IN SPECIFIC CIRCUMSTANCES , HOWEVER , THE CUSTOMS AUTHORITY MAY REQUIRE THE DECLARANT TO REMOVE ANY SAMPLES THAT REMAIN .
D . ATTESTATION BY THE CUSTOMS AUTHORITY
ARTICLE 12
1 . WHERE THE CUSTOMS AUTHORITY CHECKS THE DECLARATION AND DOCUMENTS ACCOMPANYING IT OR EXAMINES THE GOODS , IT SHALL INDICATE , AT LEAST IN THE COPY OF THE DECLARATION RETAINED BY THE CUSTOMS AUTHORITY OR IN A DOCUMENT ATTACHED TO IT , THE SUBJECT AND RESULTS OF ANY SUCH CHECK OR EXAMINATION . WHERE A PARTIAL EXAMINATION OF THE GOODS IS MADE , THE REFERENCES OF THE CONSIGNMENT EXAMINED SHALL ALSO BE GIVEN .
WHERE APPROPRIATE , THE CUSTOMS AUTHORITY SHALL ALSO INDICATE IN THE DECLARATION THAT THE DECLARANT OR HIS REPRESENTATIVE WAS ABSENT .
2 . SHOULD THE RESULT OF THE CHECK ON THE DECLARATION AND DOCUMENTS ACCOMPANYING IT OR OF THE EXAMINATION OF THE GOODS NOT BE IN ACCORDANCE WITH THE PARTICULARS GIVEN IN THE DECLARATION , THE CUSTOMS AUTHORITY SHALL SPECIFY , AT LEAST IN THE COPY OF DECLARATION INTENDED FOR THE CUSTOMS AUTHORITY OR IN THE DOCUMENT ATTACHED TO IT , THE PARTICULARS TO BE TAKENINTO ACCOUNT FOR THE PURPOSES OF CALCULATING THE EXPORT DUTIES OR EXPORT REFUNDS AND OTHER EXPORT AMOUNTS AND FOR IMPLEMENTING ANY OTHER COMMUNITY PROVISIONS GOVERNING EXPORT OF THE GOODS .
3 . THE ATTESTATION BY THE CUSTOMS AUTHORITY SHALL BE DATED AND SHALL BEAR THE PARTICULARS NEEDED TO IDENTIFY THE OFFICIAL ISSUING IT .
4 . MEMBER STATES MAY PROVIDE FOR NO ENDORSEMENT TO BE MADE BY THE CUSTOMS AUTHORITY ON THE DECLARATION OR ON THE DOCUMENT ATTACHED TO IT WHERE THE SAID AUTHORITY DOES NOT CHECK THE DECLARATION OR EXAMINE THE GOODS .
TITLE III
EXPORT AUTHORIZATION
ARTICLE 13
EXPORT AUTHORIZATION SHALL BE GIVEN ON A SINGLE OCCASION FOR ALL THE GOODS COVERED BY THE DECLARATION .
WHERE IT IS NECESSARY TO INDICATE THE DATE OF THE EXPORT AUTHORIZATION IN ORDER TO ENSURE THAT THE PROVISIONS APPLICABLE TO THE GOODS COVERED BY THE DECLARATION ARE COMPLIED WITH , MEMBER STATES MAY PROVIDE FOR THIS INFORMATION TO BE GIVEN EITHER IN THE DECLARATION ITSELF OR IN ANY OTHER APPROPRIATE DOCUMENT .
ARTICLE 14
1 . WHERE , PENDING THE RESULT OF THE CHECKS THAT HAVE BEEN UNDERTAKEN , WHETHER IN ORDER TO VERIFY THE STATEMENTS MADE IN THE DECLARATION OR THE DOCUMENTS ACCOMPANYING IT OR TO EXAMINE THE GOODS , IT IS IMPOSSIBLE TO ASCERTAIN THE PARTICULARS REQUIRED TO ASSESS THE EXPORT DUTIES OR EXPORT REFUNDS OR OTHER EXPORT AMOUNTS TO WHICH THE EXPORT OF THE GOODS MAY GIVE RISE , THE CUSTOMS AUTHORITY SHALL , NONETHELESS , AUTHORIZE THE EXPORT OF THE GOODS IN QUESTION UNLESS THERE ARE OTHER GROUNDS FOR NOT DOING SO . WHERE THIS AUTHORIZATION IS GRANTED , THE AMOUNT OF EXPORT DUTIES ASSESSED ON THE BASIS OF THE STATEMENTS MADE IN THE DECLARATION SHALL BE ENTERED IN THE ACCOUNTS IMMEDIATELY .
WHERE THE CUSTOMS AUTHORITY CONSIDERS THAT THE CHECKS WHICH IT HAS UNDERTAKEN MAY ENABLE ASSESSMENT OF EXPORT DUTIES HIGHER THAN THOSE RESULTING FROM THE STATEMENTS MADE IN THE DECLARATION , IT SHALL FURTHER REQUIRE THE LODGING OF A SECURITY SUFFICIENT TO COVER THE DIFFERENCE BETWEEN THE AMOUNT REFERRED TO IN THE PREVIOUS SUBPARAGRAPH AND THE AMOUNT WHICH MAY FINALLY BE PAYABLE ON THE GOODS . HOWEVER , WITHOUT PREJUDICE TO THE SPECIFIC PROVISIONS APPLICABLE WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY , MEMBER STATES MAY PROVIDE FOR DECLARANTS TO HAVE THE OPTION OF REQUESTING IMMEDIATE ENTRY IN THE ACCOUNTS OF THE AMOUNT OF DUTIES TO WHICH THE GOODS MAY ULTIMATELY BE LIABLE INSTEAD OF LODGING THIS SECURITY .
2 . WHERE THE AMOUNT OF EXPORT DUTIES ASSESSED ON THE BASIS OF THE CHECKS CARRIED OUT BY THE CUSTOMS AUTHORITY DIFFERS FROM THE AMOUNT WHICH RESULTS FROM THE STATEMENTS MADE IN THE DECLARATION , AUTHORIZATION TO EXPORT THE OODS SHALL GIVE RISE TO IMMEDIATE ENTRY IN THE ACCOUNTS OF THE AMOUNT THUS ASSESSED .
3 . WHERE DUTIES MUST BE IMMEDIATELY ENTERED IN THE ACCOUNTS AS PROVIDED FOR IN PARAGRAPHS 1 AND 2 , THIS SHALL BE DONE WITHOUT PREJUDICE TO ANY MEASURES TAKEN PURSUANT TO COUNCIL DIRECTIVE 78/453/EEC OF 22 MAY 1978 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION CONCERNING DEFERRED PAYMENT OF IMPORT DUTIES OR EXPORT DUTIES ( 4 ) .
TITLE IV
FINAL PROVISIONS
ARTICLE 15
WHERE AN EXPORT DECLARATION COVERS TWO OR MORE ARTICLES , THE PARTICULARS RELATING TO EACH ARTICLE SHALL BE REGARDED AS CONSTITUTING A SEPARATE DECLARATION .
ARTICLE 16
1 . THE MEMBER STATES SHALL BRING INTO FORCE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE NOT LATER THAN 1 JANUARY 1983 .
2 . EACH MEMBER STATE SHALL INFORM THE COMMISSION IMMEDIATELY OF THE MEASURES WHICH IT ADOPTS FOR THE PURPOSES OF IMPLEMENTING THIS DIRECTIVE . THE COMMISSION SHALL COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .
ARTICLE 17
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES . | [
"UKPGA19810035",
"UKPGA19790002",
"UKSI19811259"
] |
31982L0368 | 1982 | Council Directive 82/368/EEC of 17 May 1982 amending for the second time Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the implementation of Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (4), as amended by Directive 79/661/EEC (5), showed that certain amendments should be made to Annexes II, III, IV and V;
Whereas, in order to protect public health, measures should be taken with regard to mandatory warnings on the labels of cosmetic products containing thioglycollic acid, its salts and esters;
Whereas the use of hydrogen peroxide is not restricted to oxydizing colouring agents for hair dyeing ; whereas the use of this substance should therefore also be authorized for hair care products, with the requirement that certain warnings be printed on the label to safeguard health;
Whereas in certain circumstances it is not necessary to mention the formaldehyde content on the label when this substance is not used as an ingredient of a cosmetic product but is inevitably present as a residue from the processing of raw materials;
Whereas the field of application and/or use of hydroquinone should be specified;
Whereas the maximum authorized concentration of potassium or sodium hydroxide in depilatories should be specified;
Whereas a decision may be taken with regard to the substances listed in Part I of Annex IV to Directive 76/768/EEC, in accordance with Article 5 thereof;
Whereas Parts 2 and 3 of Annex IV to the same Directive do not correspond with the list of colouring (1) OJ No C 165, 2.7.1979, p. 52. (2) OJ No C 175, 14.7.1980, p. 88. (3) OJ No C 83, 2.4.1980, p. 7. (4) OJ No L 262, 27.9.1976, p. 169. (5) OJ No L 192, 31.7.1979, p. 35. agents actually used in the preparation of cosmetic products ; whereas this list should therefore be updated;
Whereas a list of substances authorized for use as preservatives can be drawn up on the basis of the latest scientific and technical research;
Whereas a procedure for updating the Annexes rapidly should be introduced;
Whereas the presence of traces of substances which cosmetic products must not contain according to Annex II to Directive 76/768/EEC is technologically inevitable with correct manufacturing processes ; whereas therefore certain provisions should be made in this connection;
Whereas the English, German and Dutch versions of Directive 76/768/EEC of 27 July 1976 contain typographical errors which should be corrected,
Article 1
Directive 76/768/EEC shall be amended in accordance with the provisions set out hereinafter.
Article 2
Annex II shall be amended as follows: - replace the title by:
"List of substances which must not form part of the composition of cosmetic products";
- replace "46 Barium salts" by:
"Barium salts, with the exception of barium sulphate, barium sulphide under the conditions laid down in Annex III, Part 1, lakes prepared from barium sulphate and pigments prepared from the colouring agents listed in Annex III, Part 2 and Annex IV, Parts 2 and 3 and marked 1 (Ba)";
- replace "191 Hydrofluoric acid" by:
"Hydrofluoric acid, its normal salts, its complexes and hydrofluorides with the exception of those given in Annex III, Part 1";
- replace "221 Mercury and its compounds" by:
"Mercury and its compounds, with the exception of those listed in Annex V and Annex VI, Part 2";
- at 268 delete "Phenol and its alkali salts, excluding the exceptions listed in Annex III" and replace by "Picric acid";
- replace "321 Thiourea and its derivatives, with the exception of those listed in Annex IV, Part 1" by:
"Thiourea and its derivatives, with the exception of the one listed in Annex III, Part 1";
- replace "350 Tetrabromosalicylanilides" by:
"Tetrabromosalicylanilides except as impurities of tribromosalicylanilide according to the criteria laid down in Annex IV, Part 1";
- replace "351 Dibromosalicylanilides, e.g. metabromsalan (*) and dibromsalan (*)" by:
"Dibromosalicylanilides, except as impurities of tribromosalicylanilide according to the criteria laid down in Annex IV, Part 1";
- replace "360 Sassafras officinale Nees oil containing safrole" by:
"Safrole except for normal content in the natural essences used and provided the concentration does not exceed:
100 ppm in the finished product,
50 ppm in products for dental and oral hygiene, and provided that Safrole is not present in toothpastes intended specifically for children".
Article 3
1. Part 1 of Annex III shall be replaced by the Annex given in Annex 1 to this Directive.
2. Part 2 of Annex III shall be amended as follows: (a) Reds - In the third and sixth columns delete: - "E 180" against colouring agent No 10 corresponding to colour index number 15 850,
- "E 420" against colouring agent No 26 corresponding to colour index number 77 015.
- In the second column, replace:
"15 630 (Ba)" by "15 630 : 1 (Ba)",
"15 630 (Sr)" by "15 630 : 3 (Sr)",
"15 865 (Sr)" by "15 865 : 3 (Sr)",
"45 170 (Ba)" by "45 170 : 1 (Ba)".
(b) Oranges and yellows
For colouring agent No 23, replace the colour index number "45 395" in the second column by "45 396".
(c) Greens and blues
For colouring agent No 4 corresponding to colour index number 44 090 enter the number "E 142" in the third and sixth columns.
(d) Violets, browns, blacks and whites - Delete colouring agent No 8 corresponding to colour index number 77 005.
- In the third and sixth columns delete "Part of E 153" and "E 153" respectively for colouring agents Nos 12 and 13 corresponding to colour index numbers 77 266 and 77 267.
- Add reference number "26" and enter "Part of E 153" and "E 153" respectively in the third and sixth columns corresponding to this reference number.
(e) Footnote (4)
Add the following sentence:
"They shall continue to be subject to the general criteria set out in Annex III to the Directive of 1962 concerning colouring matter, where the "E" number has been deleted in that Directive."
Article 4
1. Annex IV, Part 1 shall be replaced by the Annex given in Annex 2 to this Directive.
2. Annex IV, Part 2 shall be amended as follows: (a) Reds - Delete the following colouring agents: >PIC FILE= "T0021530">
- For reference number 5 replace the numbers "15 500" and "15 500 (Ba)" in the second column by "17 200" and delete the reference to the field of application in the fourth column.
- For colouring agent No 6 replace "15 585 (Ba)" in the second column by "15 585 : 1 (Ba)".
(b) Oranges and yellows
For reference number 2, replace colour index number "45 340" in the second column by "40 850" and add the number "E 161 g" in the third and sixth columns.
(d) Violets, browns, blacks and whites
Delete colouring agent No 8 corresponding to colour index number 77 718.
(e) Footnote (4)
Add the following sentence:
"They shall continue to be subject to the general criteria set out in Annex III to the said Directive, where the "E" number has been deleted in that Directive."
3. Annex IV, Part 3 shall be replaced by the Annex given in Annex 3 to this Directive.
Article 5
In Annex V: - Replace:
"2. Hexachlorophene (for all uses other than that stated in Part 1 of Annex III)"
by:
"2. Hexachlorophene (for all uses other than that stated in Annex VI, Part 1)";
- Replace:
"5. Strontium and its salts, with the exception of those used in the colouring agents listed in Part 2 of Annex III and Parts 2 and 3 of Annex IV"
by:
"5. Strontium and its salts, with the exception of strontium sulphide under the conditions laid down in Annex III, Part 1, and strontium salts used in the colouring agents listed in Annex III, Part 2 and Annex IV, Parts 2 and 3, and marked : 3 (Sr)";
- Replace:
"6. Zirconium and its derivatives"
by:
"6. Zirconium and its compounds";
- Add:
"10. Chloroform.
11. Hydroquinone, for use as a skin-lightener."
Article 6
An Annex VI shall be added, listing the substances which may be used as preservatives in the manufacture of cosmetic products under the conditions set out in the said Annex and in the preamble thereto.
Article 7
Article 4 shall be amended as follows:
"Article 4
1. Without prejudice to their general obligations deriving from Article 2, Member States shall prohibit the marketing of cosmetic products containing: (a) (unchanged)
(b) (unchanged)
(c) (unchanged)
(d) (unchanged)
(e) preservatives other than those listed in Annex VI, Part 1;
(f) preservatives listed in Annex VI, Part 1, beyond the limits and outside the conditions laid down, unless other concentrations are used for specific purposes apparent from the presentation of the product.
2. The presence of traces of the substances listed in Annex II shall be allowed provided that such presence is technically unavoidable in good manufacturing practice and that it conforms with Article 2."
Article 8
Article 5 shall be amended as follows:
"Article 5
Until 31 December 1985 Member States shall allow the marketing of cosmetic products containing: (a) (unchanged)
(b) (unchanged)
(c) (unchanged)
(d) the preservatives listed in Annex VI, Part 2, within the limits and under the conditions laid down ; however, these substances may be used in other concentrations for specific purposes apparent from the presentation of the product.
On 1 January 1986 these substances, colouring agents and preservatives shall be: - definitively permitted,
- or definitively prohibited (Annex II),
- or retained for a period as specified in Annex IV or VI,
- or deleted from all Annexes to this Directive."
Article 9
In Article 6 (1) (d) the words "in Annexes III and IV" shall be replaced by the words "in Annexes III, IV and VI".
Article 10
Article 8 shall be replaced by the following: "Article 8 1. (unchanged)
2. The amendments necessary for adapting Annexes II to VI to technical progress shall be adopted in accordance with the same procedure, after consultation of the Scientific Committee for Cosmetology at the initiative of the Commission or of a Member State.
However, in the case of Annexes III to VI this procedure will apply until 31 December 1988. No later than six months before that date, the Council acting unanimously on a Commission proposal shall take the appropriate measures."
Article 11
The following Article shall be inserted:
"Article 8a 1. Notwithstanding Article 4 and without prejudice to Article 8 (2), a Member State may authorize the use within its territory of other substances not contained in the lists of substances allowed, for certain cosmetic products specified in its national authorization, subject to the following conditions: (a) the authorization must be limited to a maximum period of three years;
(b) the Member State must carry out an official check on cosmetic products manufactured from the substance or preparation use of which it has authorized;
(c) cosmetic products thus manufactured must bear a distinctive indication which will be defined in the authorization.
2. The Member State shall forward to the Commission and to the other Member States the next of any authorization decision taken pursuant to paragraph 1 within two months of the date on which it came into effect.
3. Before expiry of the three-year period provided for in paragraph 1, the Member State may submit to the Commission a request for the inclusion in a list of permitted substances of the substance given national authorization in accordance with paragraph 1. At the same time, it shall supply supporting documents setting out the grounds on which it deems such inclusion justified and shall indicate the uses for which the substance or preparation is intended. Within 18 months of submission of the request, a decision shall be taken on the basis of the latest scientific and technical knowledge, after consultation, at the initiative of the Commission or of a Member State, of the Scientific Committee for Cosmetology and in accordance with the procedure laid down in Article 10 as to whether the substance in question may be included in a list of permitted substances or whether the national authorization should be revoked. Notwithstanding paragraph 1 (a), the national authorization shall remain in force until a decision is taken on the request for inclusion in the list."
Article 12
1. The English language version is corrected in accordance with Annex 5.
2. The German language version is corrected in accordance with Annex 6.
3. The Dutch language version is corrected in accordance with Annex 7.
Article 13
1. Member States shall take all necessary measures to ensure that as from 1 January 1986 neither manufacturers nor importers established in the Community place on the market products which do not satisfy the requirements of this Directive.
2. Member States shall take all necessary measures to ensure that the products referred to in the first paragraph can no longer be sold or disposed of to the final consumer after 31 December 1987.
Article 14
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive not later than 31 December 1983 and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the provisions of national law which they adopt in the field governed by this Directive are communicated to the Commission.
Article 15
This Directive is addressed to the Member States. | [
"UKSI19871920"
] |
31982L0500 | 1982 | Commission Directive 82/500/EEC of 7 June 1982 adapting to technical progress Council Directive 76/890/EEC on the approximation of the laws of the Member States relating to the suppression of radio interference with regard to fluorescent lighting luminaires fitted with starters
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 76/890/EEC of 4 November 1976 on the approximation of the laws of the Member States relating to the suppression of radio interference with regard to fluorescent lighting luminaires fitted with starters (1), and in particular Article 7 thereof,
Whereas, in view of experience gained and of the state of the art, it is now possible to match the requirements of the Annex to the abovementioned Directive more closely to actual test conditions;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the elimination of Technical Barriers to Trade in the Sector of Apparatus Producing Radio Interference,
Article 1
The Annex to Directive 76/890/EEC is replaced by the Annex to this Directive.
Article 2
The Member States shall by 1 December 1983 adopt and publish the provisions required to comply with this Directive and shall forthwith in form the Commission thereof.
They shall apply these provisions as from the same date as regards the freedom to market and use the equipment provided for in Article 4 of Directive 76/890/EEC, and as from 1 December 1984 as regards the ban on marketing referred to in Article 2 thereof.
Article 3
This Directive is addressed to the Member States. | [
"UKSI19850807"
] |
31982L0501 | 1982 | Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 100 AND 235 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,
WHEREAS THE OBJECTIVES AND PRINCIPLES OF THE COMMUNITY ENVIRONMENT POLICY WERE FIXED BY THE ACTION PROGRAMMES OF THE EUROPEAN COMMUNITIES ON THE ENVIRONMENT OF 22 NOVEMBER 1973 ( 4 ) AND 17 MAY 1977 ( 5 ) , AND HAVING REGARD IN PARTICULAR TO THE PRINCIPLE THAT THE BEST POLICY CONSISTS IN PREVENTING THE CREATION OF POLLUTION OR NUISANCES AT SOURCE ; WHEREAS TO THIS END TECHNICAL PROGRESS SHOULD BE CONCEIVED AND DIRECTED SO AS TO MEET THE CONCERN FOR THE PROTECTION OF THE ENVIRONMENT ;
WHEREAS THE OBJECTIVES OF THE COMMUNITY POLICY OF HEALTH AND SAFETY AT WORK WERE FIXED BY THE COUNCIL RESOLUTION OF 29 JUNE 1978 ON AN ACTION PROGRAMME OF THE EUROPEAN COMMUNITIES ON SAFETY AND HEALTH AT WORK ( 6 ) , AND HAVING REGARD IN PARTICULAR TO THE PRINCIPLE THAT THE BEST POLICY CONSISTS IN OBVIATING POSSIBLE ACCIDENTS AT SOURCE BY THE INTEGRATION OF SAFETY AT THE VARIOUS STAGES OF DESIGN , CONSTRUCTION AND OPERATION ;
WHEREAS THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK , SET UP BY DECISION 74/325/EEC ( 7 ) , HAS BEEN CONSULTED ;
WHEREAS THE PROTECTION OF THE PUBLIC AND THE ENVIRONMENT AND SAFETY AND HEALTH PROTECTION AT WORK CALL FOR PARTICULAR ATTENTION TO BE GIVEN TO CERTAIN INDUSTRIAL ACTIVITIES CAPABLE OF CAUSING MAJOR ACCIDENTS ; WHEREAS SUCH ACCIDENTS HAVE ALREADY OCCURRED IN THE COMMUNITY AND HAVE HAD SERIOUS CONSEQUENCES FOR WORKERS AND , MORE GENERALLY , FOR THE PUBLIC AND THE ENVIRONMENT ;
WHEREAS , FOR EVERY INDUSTRIAL ACTIVITY WHICH INVOLVES , OR MAY INVOLVE , DANGEROUS SUBSTANCES AND WHICH , IN THE EVENT OF A MAJOR ACCIDENT , MAY HAVE SERIOUS CONSEQUENCES FOR MAN AND THE ENVIRONMENT , THE MANUFACTURER MUST TAKE ALL NECESSARY MEASURES TO PREVENT SUCH ACCIDENT AND TO LIMIT THE CONSEQUENCES THEREOF ;
WHEREAS THE TRAINING AND INFORMATION OF PERSONS WORKING ON AN INDUSTRIAL SITE CAN PLAY A PARTICULARLY IMPORTANT PART IN PREVENTING MAJOR ACCIDENTS AND BRINGING THE SITUATION UNDER CONTROL IN THE EVENT OF SUCH ACCIDENTS ;
WHEREAS , IN THE CASE OF INDUSTRIAL ACTIVITIES WHICH INVOLVE OR MAY INVOLVE SUBSTANCES THAT ARE PARTICULARLY DANGEROUS IN CERTAIN QUANTITIES , IT IS NECESSARY FOR THE MANUFACTURER TO PROVIDE THE COMPETENT AUTHORITIES WITH INFORMATION INCLUDING DETAILS OF THE SUBSTANCES IN QUESTION AND HIGH-RISK INSTALLATIONS AND SITUATIONS , WITH A VIEW TO REDUCING THE HAZARDS OF MAJOR ACCIDENTS AND ENABLING THE NECESSARY STEPS TO BE TAKEN TO REDUCE THEIR CONSEQUENCES ;
WHEREAS IT IS NECESSARY TO LAY DOWN THAT ANY PERSON OUTSIDE THE ESTABLISHMENT LIABLE TO BE AFFECTED BY A MAJOR ACCIDENT SHOULD BE APPROPRIATELY INFORMED OF THE SAFETY MEASURES TO BE TAKEN AND OF THE CORRECT BEHAVIOUR TO BE ADOPTED IN THE EVENT OF AN ACCIDENT ;
WHEREAS , IF A MAJOR ACCIDENT OCCURS , THE MANUFACTURER MUST IMMEDIATELY INFORM THE COMPETENT AUTHORITIES AND COMMUNICATE THE INFORMATION NECESSARY FOR ASSESSING THE IMPACT OF THAT ACCIDENT ;
WHEREAS MEMBER STATES SHOULD FORWARD INFORMATION TO THE COMMISSION REGARDING MAJOR ACCIDENTS OCCURRING ON THEIR TERRITORY , SO THAT THE COMMISSION CAN ANALYZE THE HAZARDS FROM MAJOR ACCIDENTS ;
WHEREAS THIS DIRECTIVE DOES NOT PRECLUDE THE CONCLUSION BY A MEMBER STATE OF AGREEMENTS WITH THIRD COUNTRIES CONCERNING THE EXCHANGE OF INFORMATION TO WHICH IT IS PRIVY AT INTERNAL LEVEL OTHER THAN THAT OBTAINED THROUGH THE COMMUNITY ARRANGEMENTS FOR THE EXCHANGE OF INFORMATION SET UP BY THIS DIRECTIVE ;
WHEREAS DISPARITY BETWEEN PROVISIONS ALREADY APPLICABLE OR BEING PREPARED IN THE VARIOUS MEMBER STATES ON MEASURES TO PREVENT MAJOR ACCIDENTS AND LIMIT THEIR CONSEQUENCES FOR MAN AND THE ENVIRONMENT MAY CREATE UNEQUAL CONDITIONS OF COMPETITION AND HENCE DIRECTLY AFFECT THE FUNCTIONING OF THE COMMON MARKET ; WHEREAS THE APPROXIMATION OF LAWS PROVIDED FOR IN ARTICLE 100 OF THE TREATY SHOULD THEREFORE BE CARRIED OUT IN THIS FIELD ;
WHEREAS IT SEEMS NECESSARY TO COMBINE THIS APPROXIMATION OF LAWS WITH ACTION BY THE COMMUNITY AIMED AT ATTAINING ONE OF THE COMMUNITY OBJECTIVES IN THE FIELD OF ENVIRONMENTAL PROTECTION AND HEALTH AND SAFETY AT WORK ; WHEREAS , IN PURSUANCE OF THIS AIM , CERTAIN SPECIFIC PROVISIONS SHOULD THEREFORE BE LAID DOWN ; WHEREAS , SINCE THE NECESSARY POWERS HAVE NOT BEEN PROVIDED BY THE TREATY , ARTICLE 235 OF THE TREATY SHOULD BE INVOKED ,
ARTICLE 1
1 . THIS DIRECTIVE IS CONCERNED WITH THE PREVENTION OF MAJOR ACCIDENTS WHICH MIGHT RESULT FROM CERTAIN INDUSTRIAL ACTIVITIES AND WITH THE LIMITATION OF THEIR CONSEQUENCES FOR MAN AND THE ENVIRONMENT . IT IS DIRECTED IN PARTICULAR TOWARDS THE APPROXIMATION OF THE MEASURES TAKEN BY MEMBER STATES IN THIS FIELD .
2 . FOR THE PURPOSES OF THIS DIRECTIVE :
( A ) INDUSTRIAL ACTIVITY MEANS :
- ANY OPERATION CARRIED OUT IN AN INDUSTRIAL INSTALLATION REFERRED TO IN ANNEX I INVOLVING , OR POSSIBLY INVOLVING , ONE OR MORE DANGEROUS SUBSTANCES AND CAPABLE OF PRESENTING MAJOR-ACCIDENT HAZARDS , AND ALSO TRANSPORT CARRIED OUT WITHIN THE ESTABLISHMENT FOR INTERNAL REASONS AND THE STORAGE ASSOCIATED WITH THIS OPERATION WITHIN THE ESTABLISHMENT ,
- ANY OTHER STORAGE IN ACCORDANCE WITH THE CONDITIONS SPECIFIED IN ANNEX II ;
( B ) MANUFACTURER MEANS :
- ANY PERSON IN CHARGE OF AN INDUSTRIAL ACTIVITY ;
( C ) MAJOR ACCIDENT MEANS :
- AN OCCURRENCE SUCH AS A MAJOR EMISSION , FIRE OR EXPLOSION RESULTING FROM UNCONTROLLED DEVELOPMENTS IN THE COURSE OF AN INDUSTRIAL ACTIVITY , LEADING TO A SERIOUS DANGER TO MAN , IMMEDIATE OR DELAYED , INSIDE OR OUTSIDE THE ESTABLISHMENT , AND/OR TO THE ENVIRONMENT , AND INVOLVING ONE OR MORE DANGEROUS SUBSTANCES ;
( D ) DANGEROUS SUBSTANCES MEANS :
- FOR THE PURPOSES OF ARTICLES 3 AND 4 , SUBSTANCES GENERALLY CONSIDERED TO FULFIL THE CRITERIA LAID DOWN IN ANNEX IV ,
- FOR THE PURPOSES OF ARTICLE 5 , SUBSTANCES IN THE LISTS IN ANNEX III AND ANNEX II IN THE QUANTITIES REFERRED TO IN THE SECOND COLUMN .
ARTICLE 2
THIS DIRECTIVE DOES NOT APPLY TO THE FOLLOWING :
1 . NUCLEAR INSTALLATIONS AND PLANT FOR THE PROCESSING OF RADIOACTIVE SUBSTANCES AND MATERIAL ;
2 . MILITARY INSTALLATIONS ;
3 . THE MANUFACTURE AND SEPARATE STORAGE OF EXPLOSIVES , GUNPOWDER AND MUNITIONS ;
4 . EXTRACTION AND OTHER MINING OPERATIONS ;
5 . INSTALLATIONS FOR THE DISPOSAL OF TOXIC AND DANGEROUS WASTE WHICH ARE COVERED BY COMMUNITY ACTS IN SO FAR AS THE PURPOSE OF THOSE ACTS IS THE PREVENTION OF MAJOR ACCIDENTS .
ARTICLE 3
MEMBER STATES SHALL ADOPT THE PROVISIONS NECESSARY TO ENSURE THAT , IN THE CASE OF ANY OF THE INDUSTRIAL ACTIVITIES SPECIFIED IN ARTICLE 1 , THE MANUFACTURER IS OBLIGED TO TAKE ALL THE MEASURES NECESSARY TO PREVENT MAJOR ACCIDENTS AND TO LIMIT THEIR CONSEQUENCES FOR MAN AND THE ENVIRONMENT .
ARTICLE 4
MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO ENSURE THAT ALL MANUFACTURERS ARE REQUIRED TO PROVE TO THE COMPETENT AUTHORITY AT ANY TIME , FOR THE PURPOSES OF THE CONTROLS REFERRED TO IN ARTICLE 7 ( 2 ) , THAT THEY HAVE IDENTIFIED EXISTING MAJOR-ACCIDENT HAZARDS , ADOPTED THE APPROPRIATE SAFETY MEASURES , AND PROVIDED THE PERSONS WORKING ON THE SITE WITH INFORMATION , TRAINING AND EQUIPMENT IN ORDER TO ENSURE THEIR SAFETY .
ARTICLE 5
1 . WITHOUT PREJUDICE TO ARTICLE 4 , MEMBER STATES SHALL INTRODUCE THE NECESSARY MEASURES TO REQUIRE THE MANUFACTURER TO NOTIFY THE COMPETENT AUTHORITIES SPECIFIED IN ARTICLE 7 :
- IF , IN AN INDUSTRIAL ACTIVITY AS DEFINED IN ARTICLE 1 ( 2 ) ( A ) , FIRST INDENT , ONE OR MORE OF THE DANGEROUS SUBSTANCES LISTED IN ANNEX III ARE INVOLVED , OR IT IS RECOGNIZED THAT THEY MAY BE INVOLVED , IN THE QUANTITIES LAID DOWN IN THE SAID ANNEX , SUCH AS :
- SUBSTANCES STORED OR USED IN CONNECTION WITH THE INDUSTRIAL ACTIVITY CONCERNED ,
- PRODUCTS OF MANUFACTURE ,
- BY-PRODUCTS , OR
- RESIDUES ,
- OR IF , IN AN INDUSTRIAL ACTIVITY AS DEFINED IN ARTICLE 1 ( 2 ) ( A ) , SECOND INDENT , ONE OR MORE OF THE DANGEROUS SUBSTANCES LISTED IN ANNEX II ARE STORED IN THE QUANTITIES LAID DOWN IN THE SECOND COLUMN OF THE SAME ANNEX .
THE NOTIFICATION SHALL CONTAIN THE FOLLOWING :
( A ) INFORMATION RELATING TO SUBSTANCES LISTED , RESPECTIVELY , IN ANNEX II AND ANNEX III , THAT IS TO SAY :
- THE DATA AND INFORMATION LISTED IN ANNEX V ,
- THE STAGE OF THE ACTIVITY IN WHICH THE SUBSTANCES ARE INVOLVED OR MAY BE INVOLVED ,
- THE QUANTITY ( ORDER OF MAGNITUDE ) ,
- THE CHEMICAL AND/OR PHYSICAL BEHAVIOUR UNDER NORMAL CONDITIONS OF USE DURING THE PROCESS ,
- THE FORMS IN WHICH THE SUBSTANCES MAY OCCUR OR INTO WHICH THEY MAY BE TRANSFORMED IN THE CASE OF ABNORMAL CONDITIONS WHICH CAN BE FORESEEN ,
- IF NECESSARY , OTHER DANGEROUS SUBSTANCES WHOSE PRESENCE COULD HAVE AN EFFECT ON THE POTENTIAL HAZARD PRESENTED BY THE RELEVANT INDUSTRIAL ACTIVITY ;
( B ) INFORMATION RELATING TO THE INSTALLATIONS , THAT IS TO SAY :
- THE GEOGRAPHICAL LOCATION OF THE INSTALLATIONS AND PREDOMINANT METEOROLOGICAL CONDITIONS AND SOURCES OF DANGER ARISING FROM THE LOCATION OF THE SITE ,
- THE MAXIMUM NUMBER OF PERSONS WORKING ON THE SITE OF THE ESTABLISHMENT AND PARTICULARLY OF THOSE PERSONS EXPOSED TO THE HAZARD ,
- A GENERAL DESCRIPTION OF THE TECHNOLOGICAL PROCESSES ,
- A DESCRIPTION OF THE SECTIONS OF THE ESTABLISHMENT WHICH ARE IMPORTANT FROM THE SAFETY POINT OF VIEW , THE SOURCES OF HAZARD AND THE CONDITIONS UNDER WHICH A MAJOR ACCIDENT COULD OCCUR , TOGETHER WITH A DESCRIPTION OF THE PREVENTIVE MEASURES PLANNED ,
- THE ARRANGEMENTS MADE TO ENSURE THAT THE TECHNICAL MEANS NECESSARY FOR THE SAFE OPERATION OF PLANT AND TO DEAL WITH ANY MALFUNCTIONS THAT ARISE ARE AVAILABLE AT ALL TIMES ;
( C ) INFORMATION RELATING TO POSSIBLE MAJOR-ACCIDENT SITUATIONS , THAT IS TO SAY :
- EMERGENCY PLANS , INCLUDING SAFETY EQUIPMENT , ALARM SYSTEMS AND RESOURCES AVAILABLE FOR USE INSIDE THE ESTABLISHMENTS IN DEALING WITH A MAJOR ACCIDENT ,
- ANY INFORMATION NECESSARY TO THE COMPETENT AUTHORITIES TO ENABLE THEM TO PREPARE EMERGENCY PLANS FOR USE OUTSIDE THE ESTABLISHMENT IN ACCORDANCE WITH ARTICLE 7 ( 1 ) ,
- THE NAMES OF THE PERSON AND HIS DEPUTIES OR THE QUALIFIED BODY RESPONSIBLE FOR SAFETY AND AUTHORIZED TO SET THE EMERGENCY PLANS IN MOTION AND TO ALERT THE COMPETENT AUTHORITIES SPECIFIED IN ARTICLE 7 .
2 . IN THE CASE OF NEW INSTALLATIONS , THE NOTIFICATION REFERRED TO IN PARAGRAPH 1 MUST REACH THE COMPETENT AUTHORITIES A REASONABLE LENGTH OF TIME BEFORE THE INDUSTRIAL ACTIVITY COMMENCES .
3 . THE NOTIFICATION SPECIFIED IN PARAGRAPH 1 SHALL BE UPDATED PERIODICALLY TO TAKE ACCOUNT OF NEW TECHNICAL KNOWLEDGE RELATIVE TO SAFETY AND OF DEVELOPMENTS IN KNOWLEDGE CONCERNING THE ASSESSMENT OF HAZARDS .
4 . IN THE CASE OF INDUSTRIAL ACTIVITIES FOR WHICH THE QUANTITIES , BY SUBSTANCE , LAID DOWN IN ANNEX II OR III , AS APPROPRIATE , ARE EXCEEDED IN A GROUP OF INSTALLATIONS BELONGING TO THE SAME MANUFACTURER WHICH ARE LESS THAN 500 METRES APART , THE MEMBER STATES SHALL TAKE THE NECESSARY STEPS TO ENSURE THAT THE MANUFACTURER SUPPLIES THE AMOUNT OF INFORMATION REQUIRED FOR THE NOTIFICATION REFERRED TO IN PARAGRAPH 1 , WITHOUT PREJUDICE TO ARTICLE 7 , HAVING REGARD TO THE FACT THAT THE INSTALLATIONS ARE A SHORT DISTANCE APART AND THAT ANY MAJOR-ACCIDENT HAZARDS MAY THEREFORE BE AGGRAVATED .
ARTICLE 6
IN THE EVENT OF MODIFICATION OF AN INDUSTRIAL ACTIVITY WHICH COULD HAVE SIGNIFICANT CONSEQUENCES AS REGARDS MAJOR-ACCIDENT HAZARDS , THE MEMBER STATES SHALL TAKE APPROPRIATE MEASURES TO ENSURE THAT THE MANUFACTURER :
- REVISES THE MEASURES SPECIFIED IN ARTICLES 3 AND 4 ,
- INFORMS THE COMPETENT AUTHORITIES REFERRED TO IN ARTICLE 7 IN ADVANCE , IF NECESSARY , OF SUCH MODIFICATION IN SO FAR AS IT AFFECTS THE INFORMATION CONTAINED IN THE NOTIFICATION SPECIFIED IN ARTICLE 5 .
ARTICLE 7
1 . THE MEMBER STATES SHALL SET UP OR APPOINT THE COMPETENT AUTHORITY OR AUTHORITIES WHO , ACCOUNT BEING TAKEN OF THE RESPONSIBILITY OF THE MANUFACTURER , ARE RESPONSIBLE FOR :
- RECEIVING THE NOTIFICATION REFERRED TO IN ARTICLE 5 AND THE INFORMATION REFERRED TO IN THE SECOND INDENT OF ARTICLE 6 ,
- EXAMINING THE INFORMATION PROVIDED ,
- ENSURING THAT AN EMERGENCY PLAN IS DRAWN UP FOR ACTION OUTSIDE THE ESTABLISHMENT IN RESPECT OF WHOSE INDUSTRIAL ACTIVITY NOTIFICATION HAS BEEN GIVEN ,
AND , IF NECESSARY ,
- REQUESTING SUPPLEMENTARY INFORMATION ,
- ASCERTAINING THAT THE MANUFACTURER TAKES THE MOST APPROPRIATE MEASURES , IN CONNECTION WITH THE VARIOUS OPERATIONS INVOLVED IN THE INDUSTRIAL ACTIVITY FOR WHICH NOTIFICATION HAS BEEN GIVEN , TO PREVENT MAJOR ACCIDENTS AND TO PROVIDE THE MEANS FOR LIMITING THE CONSEQUENCES THEREOF .
2 . THE COMPETENT AUTHORITIES SHALL ORGANIZE INSPECTIONS OR OTHER MEASURES MEASURES OF CONTROL PROPER TO THE TYPE OF ACTIVITY CONCERNED , IN ACCORDANCE WITH NATIONAL REGULATIONS .
ARTICLE 8
1 . MEMBER STATES SHALL ENSURE THAT PERSONS LIABLE TO BE AFFECTED BY A MAJOR ACCIDENT ORIGINATING IN A NOTIFIED INDUSTRIAL ACTIVITY WITHIN THE MEANING OF ARTICLE 5 ARE INFORMED IN AN APPROPRIATE MANNER OF THE SAFETY MEASURES AND OF THE CORRECT BEHAVIOUR TO ADOPT IN THE EVENT OF AN ACCIDENT .
2 . THE MEMBER STATES CONCERNED SHALL AT THE SAME TIME MAKE AVAILABLE TO THE OTHER MEMBER STATES CONCERNED , AS A BASIS FOR ALL NECESSARY CONSULTATION WITHIN THE FRAMEWORK OF THEIR BILATERAL RELATIONS , THE SAME INFORMATION AS THAT WHICH IS DISSEMINATED TO THEIR OWN NATIONALS .
ARTICLE 9
1 . THIS DIRECTIVE SHALL APPLY TO BOTH NEW AND EXISTING INDUSTRIAL ACTIVITIES .
2 . " NEW INDUSTRIAL ACTIVITY " SHALL ALSO INCLUDE ANY MODIFICATION TO AN EXISTING INDUSTRIAL ACTIVITY LIKELY TO HAVE IMPORTANT IMPLICATIONS FOR MAJOR-ACCIDENT HAZARDS .
3 . IN THE CASE OF EXISTING INDUSTRIAL ACTIVITIES , THIS DIRECTIVE SHALL APPLY AT THE LATEST ON 8 JANUARY 1985 .
HOWEVER , AS REGARDS THE APPLICATION OF ARTICLE 5 TO AN EXISTING INDUSTRIAL ACTIVITY , THE MEMBER STATES SHALL ENSURE THAT THE MANUFACTURER SHALL SUBMIT TO THE COMPETENT AUTHORITY , AT THE LATEST ON 8 JANUARY 1985 , A DECLARATION COMPRISING :
- NAME OR TRADE NAME AND COMPLETE ADDRESS ,
- REGISTERED PLACE OF BUSINESS OF THE ESTABLISHMENT AND COMPLETE ADDRESS ,
- NAME OF THE DIRECTOR IN CHARGE ,
- TYPE OF ACTIVITY ,
- TYPE OF PRODUCTION OR STORAGE ,
- AN INDICATION OF THE SUBSTANCES OR CATEGORY OF SUBSTANCES INVOLVED , AS LISTED IN ANNEXES II OR III .
4 . MOREOVER , MEMBER STATES SHALL ENSURE THAT THE MANUFACTURER SHALL , AT THE LATEST ON 8 JULY 1989 , SUPPLEMENT THE DECLARATION PROVIDED FOR IN PARAGRAPH 3 , SECOND SUBPARAGRAPH , WITH THE DATA AND INFORMATION SPECIFIED IN ARTICLE 5 . MANUFACTURERS SHALL NORMALLY BE OBLIGED TO FORWARD SUCH SUPPLEMENTARY DECLARATION TO THE COMPETENT AUTHORITY ; HOWEVER , MEMBER STATES MAY WAIVE THE OBLIGATION ON MANUFACTURERS TO SUBMIT THE SUPPLEMENTARY DECLARATION ; IN THAT EVENT SUCH DECLARATION SHALL BE SUBMITTED TO THE COMPETENT AUTHORITY AT THE EXPLICIT REQUEST OF THE LATTER .
ARTICLE 10
1 . MEMBER STATES SHALL TAKE THE NECESSARY MEASURES TO ENSURE THAT , AS SOON AS A MAJOR ACCIDENT OCCURS , THE MANUFACTURER SHALL BE REQUIRED :
( A ) TO INFORM THE COMPETENT AUTHORITIES SPECIFIED IN ARTICLE 7 IMMEDIATELY ;
( B ) TO PROVIDE THEM WITH THE FOLLOWING INFORMATION AS SOON AS IT BECOMES AVAILABLE :
- THE CIRCUMSTANCES OF THE ACCIDENT ,
- THE DANGEROUS SUBSTANCES INVOLVED WITHIN THE MEANING OF ARTICLE 1 ( 2 ) ( D ) ,
- THE DATA AVAILABLE FOR ASSESSING THE EFFECTS OF THE ACCIDENT ON MAN AND THE ENVIRONMENT ,
- THE EMERGENCY MEASURES TAKEN ;
( C ) TO INFORM THEM OF THE STEPS ENVISAGED :
- TO ALLEVIATE THE MEDIUM AND LONG-TERM EFFECTS OF THE ACCIDENT ,
- TO PREVENT ANY RECURRENCE OF SUCH AN ACCIDENT .
2 . THE MEMBER STATES SHALL REQUIRE THE COMPETENT AUTHORITIES :
( A ) TO ENSURE THAT ANY EMERGENCY AND MEDIUM AND LONG-TERM MEASURES WHICH MAY PROVE NECESSARY ARE TAKEN ;
( B ) TO COLLECT , WHERE POSSIBLE , THE INFORMATION NECESSARY FOR A FULL ANALYSIS OF THE MAJOR ACCIDENT AND POSSIBLY TO MAKE RECOMMENDATIONS .
ARTICLE 11
1 . MEMBER STATES SHALL INFORM THE COMMISSION AS SOON AS POSSIBLE OF MAJOR ACCIDENTS WHICH HAVE OCCURRED WITHIN THEIR TERRITORY AND SHALL PROVIDE IT WITH THE INFORMATION SPECIFIED IN ANNEX VI AS SOON AS IT BECOMES AVAILABLE .
2 . MEMBER STATES SHALL INFORM THE COMMISSION OF THE NAME OF THE ORGANIZATION WHICH MIGHT HAVE RELEVANT INFORMATION ON MAJOR ACCIDENTS AND WHICH IS ABLE TO ADVISE THE COMPETENT AUTHORITIES OF THE OTHER MEMBER STATES WHICH HAVE TO INTERVENE IN THE EVENT OF SUCH AN ACCIDENT .
3 . MEMBER STATES MAY NOTIFY THE COMMISSION OF ANY SUBSTANCE WHICH IN THEIR VIEW SHOULD BE ADDED TO ANNEXES II AND III AND OF ANY MEASURES THEY MAY HAVE TAKEN CONCERNING SUCH SUBSTANCES . THE COMMISSION SHALL FORWARD THIS INFORMATION TO THE OTHER MEMBER STATES .
ARTICLE 12
THE COMMISSION SHALL SET UP AND KEEP AT THE DISPOSAL OF THE MEMBER STATES A REGISTER CONTAINING A SUMMARY OF THE MAJOR ACCIDENTS WHICH HAVE OCCURRED WITHIN THE TERRITORY OF THE MEMBER STATES , INCLUDING AN ANALYSIS OF THE CAUSES OF SUCH ACCIDENTS , EXPERIENCE GAINED AND MEASURES TAKEN , TO ENABLE THE MEMBER STATES TO USE THIS INFORMATION FOR PREVENTION PURPOSES .
ARTICLE 13
1 . INFORMATION OBTAINED BY THE COMPETENT AUTHORITIES IN PURSUANCE OF ARTICLES 5 , 6 , 7 , 9 , 10 AND 12 AND BY THE COMMISSION IN PURSUANCE OF ARTICLE 11 MAY NOT BE USED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT WAS REQUESTED .
2 . HOWEVER THIS DIRECTIVE SHALL NOT PRECLUDE THE CONCLUSION BY A MEMBER STATE OF AGREEMENTS WITH THIRD COUNTRIES CONCERNING THE EXCHANGE OF INFORMATION TO WHICH IT IS PRIVY AT INTERNAL LEVEL OTHER THAN THAT OBTAINED THROUGH THE COMMUNITY MACHINERY FOR THE EXCHANGE OF INFORMATION SET UP BY THE DIRECTIVE .
3 . THE COMMISSION AND ITS OFFICIALS AND EMPLOYEES SHALL NOT DIVULGE THE INFORMATION OBTAINED IN PURSUANCE OF THIS DIRECTIVE . THE SAME REQUIREMENT SHALL APPLY TO OFFICIALS AND EMPLOYEES OF THE COMPETENT AUTHORITIES OF THE MEMBER STATES AS REGARDS ANY INFORMATION THEY OBTAIN FROM THE COMMISSION .
NEVERTHELESS , SUCH INFORMATION MAY BE SUPPLIED :
- IN THE CASE OF ARTICLES 12 AND 18 ,
- WHEN A MEMBER STATE CARRIES OUT OR AUTHORIZES THE PUBLICATION OF INFORMATION CONCERNING THAT MEMBER STATE ITSELF .
4 . PARAGRAPHS 1 , 2 AND 3 SHALL NOT PRECLUDE THE PUBLICATION BY THE COMMISSION OF GENERAL STATISTICAL DATA OR INFORMATION ON MATTERS OF SAFETY CONTAINING NO SPECIFIC DETAILS REGARDING PARTICULAR UNDERTAKINGS OR GROUPS OF UNDERTAKINGS AND NOT JEOPARDIZING INDUSTRIAL SECRECY .
ARTICLE 14
THE AMENDMENTS NECESSARY FOR ADAPTING ANNEX V TO TECHNICAL PROGRESS SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE SPECIFIED IN ARTICLE 16 .
ARTICLE 15
1 . FOR THE PURPOSES OF APPLYING ARTICLE 14 , A COMMITTEE RESPONSIBLE FOR ADAPTING THIS DIRECTIVE TO TECHNICAL PROGRESS ( HEREINAFTER REFERRED TO AS " THE COMMITTEE " ) IS HEREBY SET UP . IT SHALL CONSIST OF REPRESENTATIVES OF THE MEMBER STATES AND BE CHAIRED BY A REPRESENTATIVE OF THE COMMISSION .
2 . THE COMMITTEE SHALL DRAW UP ITS OWN RULES OF PROCEDURE .
ARTICLE 16
1 . WHERE THE PROCEDURE LAID DOWN IN THIS ARTICLE IS TO BE FOLLOWED , MATTERS SHALL BE REFERRED TO THE COMMITTEE BY THE CHAIRMAN , EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE REPRESENTATIVE OF A MEMBER STATE .
2 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT TO THE COMMITTEE A DRAFT OF THE MEASURES TO BE ADOPTED . THE COMMITTEE SHALL DELIVER ITS OPINION ON THE DRAFT WITHIN A TIME LIMIT WHICH MAY BE DETERMINED BY THE CHAIRMAN ACCORDING TO THE URGENCY OF THE MATTER . IT SHALL DECIDE BY A MAJORITY OF 45 VOTES , THE VOTES OF THE MEMBER STATES BEING WEIGHTED AS PROVIDED FOR IN ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .
3 . ( A ) THE COMMISSION SHALL ADOPT THE MEASURES ENVISAGED WHERE THESE ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE .
( B ) WHERE THE MEASURES ENVISAGED ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , OR IN THE ABSENCE OF AN OPINION , THE COMMISSION SHALL FORTHWITH SUBMIT A PROPOSAL TO THE COUNCIL ON THE MEASURES TO BE ADOPTED . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY .
( C ) IF THE COUNCIL DOES NOT ACT WITHIN THREE MONTHS OF THE PROPOSAL BEING SUBMITTED TO IT , THE MEASURES PROPOSED SHALL BE ADOPTED BY THE COMMISSION .
ARTICLE 17
THIS DIRECTIVE SHALL NOT RESTRICT THE RIGHT OF THE MEMBER STATES TO APPLY OR TO ADOPT ADMINISTRATIVE OR LEGISLATIVE MEASURES ENSURING GREATER PROTECTION OF MAN AND THE ENVIRONMENT THAN THAT WHICH DERIVES FROM THE PROVISIONS OF THIS DIRECTIVE .
ARTICLE 18
MEMBER STATES AND THE COMMISSION SHALL EXCHANGE INFORMATION ON THE EXPERIENCE ACQUIRED WITH REGARD TO THE PREVENTION OF MAJOR ACCIDENTS AND THE LIMITATION OF THEIR CONSEQUENCES ; THIS INFORMATION SHALL CONCERN , IN PARTICULAR , THE FUNCTIONING OF THE MEASURES PROVIDED FOR IN THIS DIRECTIVE . FIVE YEARS AFTER NOTIFICATION OF THIS DIRECTIVE , THE COMMISSION SHALL FORWARD TO THE COUNCIL AND THE EUROPEAN PARLIAMENT A REPORT ON ITS APPLICATION WHICH IT SHALL DRAW UP ON THE BASIS OF THIS EXCHANGE OF INFORMATION .
ARTICLE 19
AT THE LATEST ON 8 JANUARY 1986 THE COUNCIL SHALL , ON A PROPOSAL FROM THE COMMISSION , REVIEW ANNEXES I , II AND III .
ARTICLE 20
1 . MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE AT THE LATEST ON 8 JANUARY 1984 . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .
2 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION THE PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD COVERED BY THIS DIRECTIVE .
ARTICLE 21
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES . | [
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31982L0711 | 1982 | Council Directive 82/711/EEC of 18 October 1982 laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 76/893/EEC of 23 November 1976 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs (1), and in particular Article 3 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Article 2 of Directive 76/893/EEC laid down inter alia that materials and articles must not transfer their constituents to foodstuffs in quantities which could endanger human health or bring about an unacceptable change in the composition of the foodstuffs;
Whereas in order to achieve this objective in the case of plastic materials the suitable instrument is a specific directive within the meaning of Article 3 of Directive 76/893/EEC, the general rules of which shall also be applicable to the case in question;
Whereas, given the complexity of the problem, the Directive should initially be limited to fixing the basic rules for verification of constituent migration; whereas further directives, to be adopted in accordance with the procedure laid down in Article 10 of Directive 76/893/EEC, will establish the methods of analysis necessary for the verification of such migration;
Whereas this Directive does not affect all aspects of plastic materials and articles; whereas it is therefore necessary to authorize the Member States, on the one hand, not to impose the labelling particulars laid down in Article 7 of Directive 76/893/EEC in accordance with paragraphs 4 and 5 of that Article and, on the other hand, to prohibit the marketing of materials and articles which, although conforming with the standards laid down by that Directive, do not comply with national provisions regarding other possible standards referred to in Article 3 or in the absence of these, with Article 2 of the Directive in question;
Whereas, in view of the analytical difficulties connected with the determination of the migration levels in food products, conventional tests should be chosen (liquids capable of simulating the attack on foodstuffs and standard test conditions) in order to reproduce, as far as possible, the migration phenomena which may occur in contact between the article and the foodstuff;
Whereas if such tests subsequently prove not to reflect reality Member States should be authorized to amend them provisionally, pending a Community decision;
Whereas, in the current state of analytical techniques, it is not possible to determine all the conditions under which conventional migration tests should be performed on materials and articles consisting of two or more layers, one or more of which does not consist entirely of plastics; whereas a decision on the application of this Directive to such materials and articles should therefore be taken at a later date;
Whereas the adaptation of this Directive to technical progress is an implementing measure; whereas, in order to simplify and accelerate the procedure, this should be the responsibility of the Commission;
Whereas in all cases in which the Council confers on the Commission authority to implement the provisions relating to plastic materials and articles intended to come into contact with foodstuffs, a procedure should be laid down establishing close cooperation between Member States and the Commission within the Standing Committee for Foodstuffs set up under Decision 69/414/EEC (1),
Article 1
1. This Directive is a specific Directive within the meaning of Article 3 of Directive 76/893/EEC.
2. This Directive shall apply to plastic materials and articles, that is to say to materials and articles and parts thereof:
(a) consisting exclusively of plastics, or
(b) composed of two or more layers of materials, each consisting exclusively of plastics, which are bound together by means of adhesives or by any other means,
which, in the finished product state, are intended to come into contact or are brought into contact with foodstuffs and are intended for that purpose.
3. For the purposes of this Directive, 'plastics' shall mean the organic macromolecular compounds obtained by polymerization, polycondensation, polyaddition or any other similar process from molecules with a lower molecular weight or by chemical alteration of natural macromolecules. Silicones and other similar macromolecular compounds shall also be regarded as plastics. Other substances or matter may be added to such macromolecular compounds.
However, the following shall not be regarded as 'plastics':
(i) varnished or unvarnished regenerated cellulose film;
(ii) elastomers and natural and synthetic rubber;
(iii) paper and paperboard, whether modified or not by the addition of plastics;
(iv) surface coatings obtained from:
- paraffin waxes, including synthetic paraffin waxes, and/or micro-crystalline waxes,
- mixtures of the waxes listed in the first indent with each other and/or with plastics.
4. This Directive shall not apply to materials and articles composed or two or more layers, one or more of which does not consist exclusively of plastics, even if the one intended to come into direct contact with foodstuffs does consist exclusively of plastics.
A decision on the application of this Directive to the materials and articles referred to in the first subparagraph and on any adaptations to the Directive that may become necessary shall be taken at a later date.
Article 2
1. The migration level of the constituents of the materials and articles referred to in Article 1 into or onto foodstuffs must not exceed the limits laid down in the lists of substances whose use is authorized to the exclusion of any others.
2. In the absence of methods of analysis determined in accordance with Article 9 of Directive 76/893/EEC which make it possible to determine the level of migration into foodstuffs, that level shall be determined in the simulants listed in Chapter I of the Annex.
3. The Council, acting in accordance with the procedure laid down in Article 100 of the Treaty and on a proposal from the Commission, shall draw up a list of substances or matter whose use is authorized to the exclusion of any others and a list of simulants to be used for each foodstuff or group of foodstuffs and shall determine the concentration thereof.
Article 3
1. Verification of a migration in the simulants shall be carried out using conventional migration tests, the basic rules for which are laid down in the Annex to this Directive.
2. (a) However, where a Member State, as a result of new information or of a reassessment of existing information made since this Directive was adopted, has detailed grounds for establishing that for a given plastic material or article the basic rules laid down in the Annex for migration tests are technically unsuitable or because the actual conditions of use are basically different from the test conditions specified in the table in the Annex, that Member State may,
within its territory and only for the particular case, temporarily suspend application of the basic rules referred to in the Annex and permit the use of more appropriate basic rules. It shall immediately inform the other Member States and the Commission thereof and give the reasons for its decision.
(b) The Commission shall examine, as soon as possible, the reasons given by the Member State concerned and shall consult the Member States within the Standing Committee for Foodstuffs and shall then deliver its opinion forthwith and take the appropriate measures.
(c) If the Commission considers that amendments to this Directive are necessary in order to alleviate the difficulties mentioned in subparagraph (a), it shall initiate the procedure laid down in Article 10 of Directive 76/893/EEC; in that case, the Member State which has adopted the more appropriate basic rules may retain them until the said amendments enter into force.
Article 4
Adaptations to be made to Chapter II of the Annex to this Directive in the light of progress in scientific and technical knowledge shall be adopted in accordance with the procedure laid down in Article 10 of Directive 76/893/EEC.
Article 5
This Directive shall not affect national provisions relating to the other rules provided for in Article 3 of Directive 76/893/EEC nor the options open to Member States under Article 7 (4) and (5) of that Directive.
Article 6
Member States shall comply with this Directive not later than such time as a specific directive laying down the limits referred to in Article 2 (1) is implemented.
Article 7
This Directive is addressed to the Member States. | [
"UKSI19923145"
] |
31982L0806 | 1982 | Council Directive 82/806/EEC of 22 November 1982 amending, for the second time (benzene), Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparationsH
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas benzene is recognized as being highly toxic and liable to affect the central nervous and herma- topoietic systems and to induce cancer and in particular leukaemia;
Whereas benzene is used inter alia as a constituent in the manufacture of certain toys, making it possible for children to absorb benzene by inhalation, ingestion or through the skin, thereby exposing them to the abovementioned hazards;
Whereas the fixing of a maximum concentration limit of benzene in the free state enables these hazards to be excluded;
Whereas benzene is governed by rules in certain Member States; whereas these rules differ as to the conditions of its marketing and use; whereas these differences constitute a barrier to trade and directly affect the establishment and functioning of the common market;
Whereas, in order to eliminate these differences, the Annex to Directive 76/769/EEC (4), as last amended by Directive 79/663/EEC (5), should be supplemented;
Whereas the Scientific Advisory Committee on the Toxicity and Eco-Toxicity of Chemical Compounds has delivered an opinion on this point,
Article 1
The following entry is hereby added to the Annex to Directive 76/769/EEC:
1.2 // '5. Benzene CAS No (Chemical Abstract Service Number) 71-43-2 // Not permitted in toys or parts of toys as placed on the market where the concentration of benzene in the free state is in excess of 5 mg/kg of the weight of the toy or part of toy.'
Article 2
Member States shall take the measures necessary to comply with this Directive within 12 months of its notification. They shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States. | [
"UKSI19872116"
] |
31982L0884 | 1982 | Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the air
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas one of the essential tasks of the European Economic Community is to promote throughout the Community a harmonious development of economic activities and a continuous and balanced expansion, which cannot be imagined in the absence of a campaign to combat pollution and nuisances or of an improvement in the quality of life and the protection of the environment;
Whereas the use of lead is currently causing lead contamination of many areas of the environment;
Whereas inhaled lead contributes significantly to the total body burden of lead;
Whereas the protection of human health against the hazards of lead requires that the individual's exposure to lead in the air be monitored;
Whereas the first (4) and second (5) programme of action of the European Communities on the environment state that this pollutant should receive priority consideration ; whereas the said programmes provide for the coordination of national programmes in this field and for the harmonization of national policies within the Community on the basis of a common long-term plan aiming at improving the quality of life ; whereas since the specific powers of action required to this end have not been provided for in the Treaty, it is necessary to invoke Article 235 thereof;
Whereas insufficient technical and scientific information is available to enable the Council to lay down specific standards for the environment generally ; whereas the adoption of limit values for the protection of human health will contribute to the protection of the environment as well;
Whereas it is desirable to fix a limit value for lead in the air;
Whereas the measures taken pursuant to this Directive must be economically feasible and compatible with balanced development ; whereas in consequence a sufficient time limit should be laid down for its implementation ; whereas account should also be taken of the provisions of Council Directive 78/611/EEC of 29 June 1978 on the approximation of the laws of the Member States concerning the lead content of petrol (6);
Whereas it is desirable to monitor the quality of the air in places where people may be exposed continuously and for a long period and where there is a risk that the limit value may not be observed;
Whereas it is important that the Commission should obtain information concerning the sites used for sampling, the sampling and analysis procedures used to determine the concentration of lead in the air, the places where the limit value laid down in the Directive has been exceeded and the concentrations measured in these places as well as the measures taken to avoid a repetition of the occurrence;
Whereas each year as from the second year after the implementation of this Directive the Commission should publish a summary report on the (1) OJ No C 154, 7.7.1975, p. 29. (2) OJ No C 28, 9.2.1976, p. 31. (3) OJ No C 50, 4.3.1976, p. 9. (4) OJ No C 112, 20.12.1973, p. 1. (5) OJ No C 139, 13.6.1977, p. 1. (6) OJ No L 197, 22.7.1978, p. 19. implementation of national provisions adopted pursuant to the Directive;
Whereas the application of the measures taken pursuant to this Directive should not lead to a noticeable deterioration of the quality of the air where the level of lead pollution observed when the Directive is implemented is lower than the limit value fixed;
Whereas, to implement the Directive, it is desirable to comply with the characteristics adopted in the Annex for choosing the sampling method ; whereas, to analyze the samples taken, it is desirable to use the reference method adopted in the Annex or any other method for which the Commission has previously had proof that it provides equivalent results;
Whereas further development of the characteristics to be complied with for choosing a sampling method and the reference method of analysis, set out in the Annex to this Directive, may be desirable in the light of technical and scientific progress achieved in this field ; whereas, to facilitate the implementation of the necessary work, it is desirable to provide for a procedure introducing close cooperation between the Member States and the Commission within a committee responsible for adapting the Directive to scientific and technical progress,
Article 1
1. This Directive shall fix a limit value for lead in the air specifically in order to help protect human beings against the effects of lead in the environment.
2. This Directive shall not apply to occupational exposure.
Article 2
1. For the purpose of this Directive, "limit value" means the concentration of lead in the air which, subject to the conditions laid down hereinafter, must not be exceeded.
2. The limit value shall be 2 micrograms Pb/m3 expressed as an annual mean concentration.
3. Member States may, at any time, fix a value more stringent than that laid down in this Directive.
Article 3
1. Member States shall take the necessary measures to ensure that five years after notification of this Directive, the concentration of lead in the air, measured in accordance with Article 4, is not greater than the limit value given in Article 2.
2. Where a Member State considers that the limit value fixed in Article 2 (2) may be exceeded in certain places four years after notification of this Directive, it shall inform the Commission thereof.
3. The Member States concerned shall, within two years of the implementation of this Directive, forward to the Commission plans for the progressive improvement of the quality of the air in such places. These plans, drawn up on the basis of relevant information as to the nature, origin and development of the pollution, shall in particular describe the measures already taken or envisaged and the procedures implemented or planned by the Member States concerned. The objective of these measures and procedures must be to bring the concentration of lead in the air in those places below the level of the limit value fixed in Article 2 (2) or down to that level, as soon as possible and at the latest seven years after notification of this Directive. These measures and procedures must take into account the provisions of Directive 78/611/EEC and the results of its application.
Article 4
Member States shall ensure that sampling stations are installed and operated at places where individuals may be exposed continually for a long period and where they consider that Articles 1 and 2 are likely not to be observed.
Article 5
1. For the purposes of applying this Directive, the Member States shall provide the Commission at its request with information on: - the sites used for sampling,
- the sampling and analysis procedures used to determine the concentration of lead in the air.
2. Member States shall inform the Commission not later than 1 July of each year, beginning in the calendar year following the implementation of this Directive, of the places in which the limit value fixed in Article 2 (2) has been exceeded in the previous calendar year and of the concentrations recorded.
3. They shall also notify the Commission, not later than during the calendar year following that in which the limit values were exceeded, of the measures they have taken to avoid recurrence.
Article 6
The Commission shall each year publish a summary report on the application of this Directive, commencing in the second year following its implementation.
Article 7
Application of the measures taken pursuant to this Directive must not bring about a significant deterioration in the quality of the air where the level of pollution by lead, at the time of implementation of this Directive, is low in relation to the limit value fixed in Article 2 (2).
Article 8
For the purposes of applying this Directive, Member States shall comply with the characteristics laid down in the Annex for choosing the sampling method ; for analyzing the samples taken, Member States shall use the reference method mentioned in the Annex or any other method which they prove to the Commission beforehand produces equivalent results.
Article 9
The procedure in Articles 10 and 11 for the adaptation of this Directive to scientific and technical progress shall relate to the characteristics to be complied with for choosing a sampling method and the reference method referred to in the Annex.
This adaptation must not have the effect of directly or indirectly modifying the application of the actual concentration value fixed in Article 2 (2).
Article 10
1. A committee on the adaptation of this Directive to scientific and technical progress hereinafter called "the committee", is hereby set up ; it shall consist of representatives of the Member States with a Commission representative as chairman.
2. The committee shall adopt its own rules of procedure.
Article 11
1. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the committee by its chairman, either on his own initiative or at the request of a representative of a Member State.
2. The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall give its opinion on that draft within a time limit set by the chairman having regard to the urgency of the matter. Opinions shall be delivered by a majority of 45 votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.
3. Where the measures envisaged are in accordance with the opinion of the committee, the Commission shall adopt them.
Where the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken. The Council shall act by a qualified majority.
If within three months of the proposal being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 12
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 24 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall forward to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.
Article 13
This Directive is addressed to the Member States. | [
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31982L0891 | 1982 | SIXTH COUNCIL DIRECTIVE of 17 December 1982 based on Article 54 (3) (g) of the Treaty, concerning the division of public limited liability companies (82/891/EEC)
Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (3) (g) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the coordination provided for in Article 54 (3) (g) and in the general programme for the abolition of restrictions on freedom of establishment (4) was begun with Directive 68/151/EEC (5);
Whereas that coordination was continued as regards the formation of public limited liability companies and the maintenance and alteration of their capital with Directive 77/91/EEC (6), as regards the annual accounts of certain types of companies with Directive 78/660/EEC (7), and as regards mergers of public limited liability companies with Directive 78/855/EEC (8);
Whereas Directive 78/855/EEC dealt only with mergers of public limited liability companies and certain operations treated as mergers; whereas, however, the Commission proposal also covered division operations; whereas the opinions of the European Parliament and of the Economic and Social Committee were in favour of the regulation of such operation;
Whereas, because of the similarities which exist between merger and division operations, the risk of the guarantees given with regard to mergers by Directive 78/855/EEC being circumvented can be avoided only if provision is made for equivalent protection in the event of division;
Whereas the protection of the interests of members and third parties requires that the laws of the Member States relating to divisions of public limited liability companies be coordinated where the Member States permit such operations;
Whereas, in the context of such coordination, it is particularly important that the shareholders of the companies involved in a division be kept adequately informed in as objective a manner as possible and that their rights be suitably protected;
Whereas the protection of employees' rights in the event of transfers of undertakings, businesses or parts of businesses is at present regulated by Directive 77/187/EEC (9);
Whereas creditors, including debenture holders, and persons having other claims on the companies involved in a division, must be protected so that the division does not adversely affect their interests;
Whereas the disclosure requirements of Directive 68/15I/EEC must be extended to include divisions so that third parties are kept adequately informed;
Whereas the safeguards afforded to members and third parties in connection with divisions must be extended to cover certain legal practices which in important respects are similar to division, so that the obligation to provide such protection cannot be evaded;
Whereas to ensure certainty in the law as regards relations between the companies involved in the division, between them and third parties, and between the members, the cases in which nullity can arise must be limited by providing that defects be remedied wherever that is possible and by restricting the period within which nullification proceedings may be commenced,
Article 1
1. Where Member States permit the companies referred to in Article 1 (1) of Directive 78/855/EEC coming under their laws to carry out division operations by acquisition as defined in Article 2 of this Directive, they shall subject those operations to the provisions of Chapter I of this Directive.
2. Where Member States permit the companies referred to in paragraph 1 to carry out division operations by the formation of new companies as defined in Article 21, they shall subject those operations to the provisions of Chapter II of this Directive.
3. Where Member States permit the companies referred to in paragraph 1 to carry out operations, whereby a division by acquisition as defined in Article 2 (1) is combined with a division by the formation of one or more new companies as defined in Article 21 (1), they shall subject operation to the provisions of Chapter I and Article 22.
4. Article 1 (2) and (3) of Directive 78/855/EEC shall apply.
CHAPTER I
Division by acquisition
Article 2
1. For the purposes of this Directive, ‘division by acquisition’ shall mean the operation whereby, after being wound up without going into liquidation, a company transfers to more than one company all its assets and liabilities in exchange for the allocation to the shareholders of the company being divided of shares in the companies receiving contributions as a result of the division (hereinafter referred to as ‘recipient companies’) and possibly a cash payment not exceeding 10 % of the nominal value of the shares allocated or, where they have no nominal value, of their accounting par value.
2. Article 3 (2) of Directive 78/855/EEC shall apply.
3. In so far as this Directive refers to Directive 78/855/EEC, the expression ‘merging companies’ shall mean ‘the companies involved in a division’, the expression ‘company being acquired’ shall mean ‘the company being divided’, the expression ‘acquiring company’ shall mean ‘each of the recipient companies’ and the expression ‘draft terms of merger’ shall mean ‘draft terms of division’.
Article 3
1. The administrative or management bodies of the companies involved in a division shall draw up draft terms of division in writing.
2. Draft terms of division shall specify at least:
(a)
the type, name and registered office of each of the companies involved in the division;
(b)
the share exchange ratio and the amount of any cash payment;
(c)
the terms relating to the allotment of shares in the recipient companies;
(d)
the date from which the holding of such shares entitles the holders to participate in profits and any special conditions affecting that entitlement;
(e)
the date from which the transactions of the company being divided shall be treated for accounting purposes as being those of one or other of the recipient companies;
(f)
the rights conferred by the recipient companies on the holders of shares to which special rights are attached and the holders of securities other than shares, or the measures proposed concerning them;
(g)
any special advantage granted to the experts referred to in Article 8 (1) and members of the administrative, management, supervisory or controlling bodies of the companies involved in the division;
(h)
the precise description and allocation of the assets and liabilities to be transferred to each of the recipient companies;
(i)
the allocation to the shareholders of the company being divided of shares in the recipient companies and the criterion upon which such allocation is based.
3.
(a)
Where an asset is not allocated by the draft terms of division and where the interpretation of these terms does not make a decision on its allocation possible, the asset or the consideration therefor shall be allocated to all the recipient companies in proportion to the share of the net assets allocated to each of those companies under the draft terms of division.
(b)
Where a liability is not allocated by the draft terms of division and where the interpretation of these terms does not make a decision on its allocation possible, each of the recipient companies shall be jointly and severally liable for it. Member States may provide that such joint and several liability be limited to the net assets allocated to each company.
Article 4
Draft terms of division must be published in the manner prescribed by the laws of each Member State in accordance with Article 3 of Directive 68/15I/EEC (10) for each of the companies involved in a division, at least one month before the date of the general meeting which is to decide thereon.
Article 5
1. A division shall require at least the approval of a general meeting of each company involved in the division. Article 7 of Directive 78/855/EEC shall apply with regard to the majority required for such decisions, their scope and the need for separate votes.
2. Where shares in the recipient companies are allocated to the shareholders of the company being divided otherwise than in proportion to their rights in the capital of that company, Member States may provide that the minority shareholders of that company may exercise the right to have their shares purchased. In such case, they shall be entitled to receive consideration corresponding to the value of their shares. In the event of a dispute concerning such consideration, it must be possible for the consideration to be determined by a court.
Article 6
The laws of a Member State need not require approval of a division by a general meeting of a recipient company if the following conditions are fulfilled:
(a)
the publication provided for in Article 4 must be effected, for each recipient company, at least one month before the date fixed for the general meeting of the company being divided which is to decide on the draft terms of division;
(b)
at least one month before the date specified in point (a), all shareholders of each recipient company must be entitled to inspect the documents specified in Article 9(1) at the registered office of that company;
(c)
one or more shareholders of any recipient company holding a minimum percentage of the subscribed capital must be entitled to require that a general meeting of such recipient company be called to decide whether to approve the division. This minimum percentage may not be fixed at more than 5 %. Member States may, however, provide for the exclusion of non-voting shares from this calculation.
Article 7
1. This administration or management bodies of each of the companies involved in the division shall draw up a detailed written report explaining the draft terms of division and setting out the legal and economic grounds for them, in particular the share exchange ratio and the criterion determining the allocation of shares.
2. The report shall also describe any special valuation difficulties which have arisen.
It shall disclose the preparation of the report on the consideration other than in cash referred to in Article 27 (2) of Directive 77/91/EEC (11) for recipient companies and the register where that report must be lodged.
3. The administrative or management bodies of a company being divided must inform the general meeting of that company and the administrative or management bodies of the recipient companies so that they can inform their respective general meetings of any material change in the assets and liabilities between the date of preparation of the draft terms of division and the date of the general meeting of the company being divided which is to decide on the draft terms of division.
Article 8
1. One or more experts acting on behalf of each of the companies involved in the division but independent of them, appointed or approved by a judicial or administrative authority, shall examine the draft terms of division and draw up a written report to the shareholders. However, the laws of a Member State may provide for the appointment of one or more independent experts for all of the companies involved in a division if such appointment is made by a judicial or administrative authority at the joint request of those companies. Such experts may, depending on the laws of each Member State, be natural or legal persons or companies or firms.
2. Article 10 (2) and (3) of Directive 78/855/EEC shall apply.
3. Member States may provide that the report on the consideration other than in cash referred to in Article 27 (2) of Directive 77/91/EEC and the report on the draft terms of division drawn up in accordance with paragraph 1 shall be drawn up by the same expert or experts.
Article 9
1. All shareholders shall be entitled to inspect at least the following documents at the registered office at least one month before the date of the general meeting which is to decide on the draft terms of division:
(a)
the draft terms of division;
(b)
the annual accounts and annual reports of the companies involved in the division for the preceding three financial years;
(c)
an accounting statement drawn up as at a date which must not be earlier than the first day of the third month preceding the date of the draft terms of division, if the latest annual accounts relate to a financial year which ended more than six months before that date;
(d)
the reports of the administrative or management bodies of the companies involved in the division provided for in Article 7 (1);
(e)
the reports provided for in Article 8.
2. The accounting statement provided for in paragraph 1 (c) shall be drawn up using the same methods and the same layout as the last annual balance sheet.
However, the laws of a Member State may provide that:
(a)
it shall not be necessary to take a fresh physical inventory;
(b)
the valuations shown in the last balance sheet shall be altered only to reflect entries in the books of account; the following shall nevertheless be taken into account:
— interim depreciation and provisions,
— material changes in actual value not shown in the books.
3. Every shareholder shall be entitled to obtain, on request and free of charge, full or, if so desired, partial copies of the documents referred to in paragraph 1.
Article 10
Member States may permit the non-application of Articles 7 and 8 (1) and (2), and of Article 9 (1) (c), (d) and (e) if all the shareholders and the holders of other securities giving the right to vote of the companies involved in a division have so agreed.
Article 11
Protection of the rights of the employees of each of the companies involved in a division shall be regulated in accordance with Directive 77/187/EEC (12).
Article 12
1. The laws of Member States must provide for an adequate system of protection for the interests of the creditors of the companies involved in a division whose claims antedate publication of the draft terms of division and have not yet fallen due at the time of such publication.
2. To that end, the laws of Member States shall at least provide that such creditors shall be entitled to obtain adequate safeguards where the financial situation of the company being divided and that of the company to which the obligation will be transferred in accordance with the draft terms of division make such protection necessary and where those creditors do not already have such safeguards.
3. In so far as a creditor of the company to which the obligation has been transferred in accordance with the draft terms of division has not obtained satisfaction, the recipient companies shall be jointly and severally liable for that obligation. Member States may limit that liability to the net assets allocated to each of those companies other than the one to which the obligation has been transferred. However, they need not apply this paragraph where the division operation is subject to the supervision of a judicial authority in accordance with Article 23 and a majority in number representing three-fourths in value of the creditors or any class of creditors of the company being divided have agreed to forego such joint and several liability at a meeting held pursuant to Article 23 (l) (c).
4. Article 13 (3) of Directive 78/855/EEC shall apply.
5. Without prejudice to the rules governing the collective exercise of their rights, paragraphs 1 to 4 shall apply to the debenture holders of the companies involved in the division except where the division has been approved by a meeting of the debenture holders, if such a meeting is provided for under national laws, or by the debenture holders individually.
6. Member States may provide that the recipient companies shall be jointly and severally liable for the obligations of the company being divided. In such case they need not apply the foregoing paragraphs.
7. Where a Member State combines the system of creditor protection set out in paragraph 1 to 5 with the joint and several liability of the recipient companies as referred to in paragraph 6, it may limit such joint and several liability to the net assets allocated to each of those companies.
Article 13
Holders of securities, other than shares, to which special rights are attached, must be given rights in the recipient companies against which such securities may be invoked in accordance with the draft terms of division, at least equivalent to the rights they possessed in the company being divided, unless the alteration of those rights has been approved by a meeting of the holders of such securities, if such a meeting is provided for under national laws, or by the holders of those securities individually, or unless the holders are entitled to have their securities repurchased.
Article 14
Where the laws of a Member State do not provide for judicial or administrative preventive supervision of the legality of divisions or where such supervision does not extend to all the legal acts required for a division, Article 16 of Directive 78/855/EEC shall apply.
Article 15
The laws of Member States shall determine the date on which a division takes effect.
Article 16
1. A division must be published in the manner prescribed by the laws of each Member State in accordance with Article 3 of Directive 68/151/EEC in respect of each of the companies involved in a division.
2. Any recipient company may itself carry out the publication formalities relating to the company being divided.
Article 17
1. A division shall have the following consequences ipso jure and simultaneously:
(a)
the transfer, both as between the company being divided and the recipient companies and as regards third parties, to each of the recipient companies of all the assets and liabilities of the company being divided; such transfer shall take effect with the assets and liabilities being divided in accordance with the allocation laid down in the draft terms of division or in Article 3 (3);
(b)
the shareholders of the company being divided become shareholders of one or more of the recipient companies in accordance with the allocation laid down in the draft terms of division;
(c)
the company being divided ceases to exist.
2. No shares in a recipient company shall be exchanged for shares held in the company being divided either:
(a)
by that recipient company itself or by a person acting in his own name but on its behalf; or
(b)
by the company being divided itself or by a person acting in his own name but on its behalf.
3. The foregoing shall not affect the laws of Member States which require the completion of special formalities for the transfer of certain assets, rights and obligations by a company being divided to be effective as against third parties. The recipient company or companies to which such assets, rights or obligations are transferred in accordance with the draft terms of division or with Article 3 (3) may carry out these formalities themselves; however, the laws of Member States may permit a company being divided to continue to carry out these formalities for a limited period which may not, save in exceptional circumstances, be fixed at more than six months from the date on which the division takes effect.
Article 18
The laws of Member States shall at least lay down rules governing the civil liability of members of the administrative or management bodies of a company being divided towards the shareholders of that company in respect of misconduct on the part of members of those bodies in preparing and implementing the division and the civil liability of the experts responsible for drawing up for that company the report provided for in Article 8 in respect of misconduct on the part of those experts in the performance of their duties.
Article 19
1. The laws of Member States may lay down nullity rules for divisions in accordance with the following conditions only:
(a)
nullity must be ordered in a court judgment;
(b)
divisions which have taken effect pursuant to Article 15 may be declared void only if there has been no judicial or administrative preventive supervision of their legality, or if they have not been drawn up and certified in due legal form, or if it is shown that the decision of the general meeting is void or voidable under national law;
(c)
nullification proceedings may not be initiated more than six months after the date on which the division becomes effective as against the person alleging nullity or if the situation has been rectified;
(d)
where it is possible to remedy a defect liable to render a division void, the competent court shall grant the companies involved a period of time within which to rectify the situation;
(e)
a judgment declaring a division void shall be published in the manner prescribed by the laws of each Member State in accordance with Article 3 of Directive 68/151 /EEC;
(f)
where the laws of a Member State permit a third party to challenge such a judgment, he may do so only within six months of publication of the judgment in the manner prescribed by Directive 68/151/EEC;
(g)
a judgment declaring a division void shall not of itself affect the validity of obligations owed by or in relation to the recipient companies which arose before the judgment was published and after the date referred to in Article 15;
(h)
each of the recipient companies shall be liable for its obligations arising after the date on which the division took effect and before the date on which the decision pronouncing the nullity of the division was published. The company being divided shall also be liable for such obligations; Member States may provide that this liability be limited to the share of net assets transferred to the recipient company on whose account such obligations arose.
2. By way of derogation from paragraph 1 (a), the laws of a Member State may also provide for the nullity of a division to be ordered by an administrative authority if an appeal against such a decision lies to a court. Subparagraphs (b), (d), (e), (f), (g), and (h) shall apply by analogy to the administrative authority. Such nullification proceedings may not be initiated more than six months after the date referred to in Article 15.
3. The foregoing shall not affect the laws of the Member States on the nullity of a division pronounced following any supervision of legality.
Article 20
Without prejudice to Article 6, Member States need not require the division to be approved by the general meeting of the company being divided where the recipient companies together hold all the shares of the company being divided and all other securities conferring the right to vote at general meetings of the company being divided, and the following conditions, at least, are fulfilled:
(a)
each of the companies involved in the operation must carry out the publication provided for in Article 4 at least one month before the operation takes effect;
(b)
at least one month before the operation takes effect, all shareholders of companies involved in the operation must be entitled to inspect the documents specified in Article 9 (1), at their company's registered office. Article 9 (2) and (3) shall also apply;
(c)
one or more shareholders of the company being divided holding a minimum percentage of the subscribed capital must be entitled to require that a general meeting of the company being divided be called to decide whether to approve the division. This minimum percentage may not be fixed at more than 5 %. Member States may, however, provide for the exclusion of non-voting shares from this calculation;
(d)
where a general meeting of the company being divided, required for the approval of the division, is not summoned, the information provided for by Article 7 (3) covers any material change in the asset and liabilities after the date of preparation of the draft terms of division.
CHAPTER II
Division by the formation of new companies
Article 21
1. For the purposes of this Directive, ‘division by the formation of new companies’ means the operation whereby, after being wound up without going into liquidation, a company transfers to more than one newly-formed company all its assets and liabilities in exchange for the allocation to the shareholders of the company being divided of shares in the recipient companies, and possibly a cash payment not exceeding 10 % of the nominal value of the shares allocated or, where they have no nominal value, of their accounting par value.
2. Article 4 (2) of Directive 78/855/EEC shall apply.
Article 22
1. Articles 3, 4, 5 and 7, 8 (1) and (2) and 9 to 19 of this Directive shall apply, without prejudice to Articles 11 and 12 of Directive 68/151/EEC, to division by the formation of new companies. For this purpose, the expression ‘companies involved in a division’ shall refer to the company being divided and the expression ‘recipient companies’ shall refer to each of the new companies.
2. In addition to the information specified in Article 3 (2), the draft terms of division shall indicate the form, name and registered office of each of the new companies.
3. The draft terms of division and, if they are contained in a separate document, the memorandum or draft memorandum of association and the articles or draft articles of association of each of the new companies shall be approved at a general meeting of the company being divided.
4. Member States may provide that the report on the consideration other than in cash as referred to in Article 10 of Directive 77/91/EEC and the report on the draft terms of division as referred to in Article 8 (1) shall be drawn up by the same expert or experts.
5. Member States may provide that neither Article 8, nor Article 9 as regards the expert's report, shall apply where the shares in each of the new companies are allocated to the shareholders of the company being divided in proportion to their rights in the capital of that company.
CHAPTER III
Division under the supervision of a judicial authority
Article 23
1. Member States may apply paragraph 2 where division operations are subject to the supervision of a judicial authority having the power:
(a)
to call a general meeting of the shareholders of the company being divided in order to decide upon the division;
(b)
to ensure that the shareholders of each of the companies involved in a division have received or can obtain at least the documents referred to in Article 9 in time to examine them before the date of the general meeting of their company called to decide upon the division. Where a Member State makes use of the option provided for in Article 6 the period must be long enough for the shareholders of the recipient companies to be able to exercise the rights conferred on them by that Article;
(c)
to call any meeting of creditors of each of the companies involved in a division in order to decide upon the division;
(d)
to ensure that the creditors of each of the companies involved in a division have received or can obtain at least the draft terms of division in time to examine them before the date referred to in (b);
(e)
to approve the draft terms of division.
2. Where the judicial authority establishes that the conditions referred to in paragraph 1 (b) and (d) have been fulfilled and that no prejudice would be caused to shareholders or creditors, it may relieve the companies involved in the division from applying:
(a)
Article 4, on condition that the adequate system of protection of the interest of the creditors referred to in Article 12 (1) covers all claims regardless of their date;
(b)
he conditions referred to in Article 6 (a) and (b) where a Member State makes use of the option provided for in Article 6;
c)
Article 9, as regards the period and the manner prescribed for the inspection of the documents referred to therein.
CHAPTER IV
Other operations treated as divisions
Article 24
Where, in the case of one of the operations specified in Article 1, the laws of a Member State permit the cash payment to exceed 10 %, Chapters I, II and III shall apply.
Article 25
Where the laws of a Member State permit one of the operations specified in Article 1 without the company being divided ceasing to exist, Chapters I, II and III shall apply, except for Article 17 (1) (c).
CHAPTER V
Final provisions
Article 26
1. The Member States shall bring into force before 1 January 1986, the laws, regulations and administrative provisions necessary for them to comply with this Directive provided that on that date they permit the operations to which this Directive applies. They shall immediately inform the Commission thereof.
2. Where, after the date mentioned in paragraph 1, a Member State permits division operations, it shall bring into force the provisions mentioned in that paragraph on the date on which it permits such operations. It shall immediately inform the Commission thereof.
3. However, provision may be made for a period of five years from the entry into force of the provisions referred to in paragraph 1 for the application of those provisions to unregistered companies in the United Kingdom and Ireland.
4. Member States need not apply Articles 12 and 13 as regards the holders of convertible debentures and other securities convertible into shares if, at the time when the provisions referred to in paragraph 1 or 2 come into force, the position of these holders in the event of a division has previously been determined by the conditions of issue.
5. Member States need not apply this Directive to divisions or to operations treated as divisions for the preparation or execution of which an act or formality required by national law has already been completed when the provisions referred to in paragraph 1 or 2 enter into force.
Article 27
This Directive is addressed to the Member States. | [
"UKSI19871991"
] |
31982L0894 | 1982 | Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the Community has issued regulations in respect of the health requirements for intra-Community trade in bovine animals and swine, fresh meat, fresh poultry meat and meat products;
Whereas the appearance or presence of certain contagious animal diseases presents a risk to the Community herd, notably by their spread as a result of intra-Community trade ; whereas rapid and accurate information is essential for the application of the various protection measures provided for in Community regulations;
Whereas it is for each Member State to notify each other Member State and the Commission of the outbreak and disappearance of certain animal diseases on its territory, in accordance with Article 9 of Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade on bovine animals and swine (3), as last amended by Council Directive 80/1274/EEC (4) ; Article 11 of Council Directive 71/118/EEC of 15 February 1971 dealing with health problems affecting trade in fresh poultrymeat (5), as last amended by Council Directive 80/216/EEC (6) ; Article 7 of Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat (7), as last amended by Council Directive 80/1099/EEC (8) and Article 7 of Council Directive 80/215/EEC of 22 January 1980 on animal health problems affecting intra-Community trade in meat products (9), as last amended by Council Directive 80/1100/EEC (10);
Whereas the method of notification and the diseases to be notified require to be specifically laid down ; whereas, in particular, there should be a periodic review of the disease situation in each Member State;
Whereas, in the light of the experience gained from the aforesaid notification, adaptation to technical needs will be in line with a procedure calling for close cooperation between the Member States and the Commission,
Article 1
1. This Directive refers to the notification of: - outbreaks of any of the diseases listed in Annex I,
- removal - after eradication of the last outbreak - of restrictions in relation to the outbreak of any diseases listed in Annex I.
2. This Directive shall apply without prejudice to the particular provisions for information in respect of the harmonization of eradication and/or prophylaxis of animal disease.
Article 2
For the purposes of this Directive: (a) "holding" means any establishment (agricultural or other) situated in the territory of a Member State, in which animals are reared or kept; (1) Opinion delivered on 12/13 April 1982 (not yet published in the Official Journal). (2) OJ No C 112, 3.5.1982, p. 4. (3) OJ No 121, 29.7.1964, p. 1977/64. (4) OJ No L 375, 31.12.1980, p. 75. (5) OJ No L 55, 8.3.1971, p. 23. (6) OJ No L 47, 21.2.1980, p. 8. (7) OJ No L 302, 31.12.1972, p. 24. (8) OJ No L 325, 1.12.1980, p. 14. (9) OJ No L 47, 21.2.1980, p. 4. (10) OJ No L 325, 1.12.1980, p. 16.
(b) "case" means the official confirmation of any of the dieseases listed in Annex I in any animal or carcase;
(c) "outbreak" means the holding or place situated in the territory of the Community where animals are assembled and where one or more cases has or have been officially confirmed;
(d) "primary outbreak" means an outbrake not epizootiologically linked with a previous outbreak in the same region of a Member State as defined in Article 2 of Directive 64/432/EEC or the first outbreak in a different region of the same Member State.
Article 3
1. Each Member State shall notify directly to both the Commission and the other Member States within 24 hours: - the primary outbreak of any of the diseases listed in Annex I which is confirmed in its territory;
- the removal - after the eradication of the last outbreak - of restrictions from its territory in relation to the outbreak of any of the diseases listed in Annex I;
2. The notifications referred to in paragraph I shall include the information featured in Annex II and shall be communicated by telex.
3. In the case of classical swine fever, the information provided under Council Directive 80/217/EEC of 22 January 1980 introducing Community measures for the control of classical swine fever (1), as last amended by Directive 80/1274/EEC (2), shall be considered to be sufficient.
Article 4
1. Without prejudice to the provisions referred to in Article 1 (2), each Member State shall notify directly to the Commission, at least on the first working day of each week, the secondary outbreaks of any of the diseases listed in Annex I which are confirmed in its territory.
The aforesaid notification shall cover the week ending at midnight on the Sunday prior thereto.
The Commission shall correlate the various information, which it shall transmit to the veterinary headquarters of each Member State.
2. The receipt of no information by the Commission shall be considered to mean that no secondary outbreaks have occurred during the period referred to in the second subparagraph of paragraph 1.
3. The notifications referred to in paragraph 1 shall contain the information featured in Annex II and shall be communicated by telex.
Article 5
1. The codified form by which the information featured in Annex II is to be transmitted shall be established according to the procedure laid down in Article 6 and before the date of implementation of this Directive.
2. In accordance with the procedure laid down in Article 6, it may be decided: - to supplement or amend the Annexes,
- that, notwithstanding Article 4, the scope, content and frequency of the notification may be temporarily modified in the light of the disease concerned and its particular epizootiological development.
Article 6
1. Where the procedure laid down in this Article is to be followed, the matter shall without delay be referred by the chairman, either, on his own initiative or at the request of a Member State, to the Standing Veterinary Committee (hereinafter referred to as "the committee") set up by the Council Decision of 15 October 1968.
2. Within the committee, the votes of the Member States shall be weighted as laid down in Article 148 (2) of the Treaty. The chairman shall not vote.
3. The representative of the Commission shall submit a draft of the measures to be adopted. The committee shall deliver its opinion on these measures within a time limit set by the chairman, having regard to the urgency of the questions under examination. Opinions shall be delivered by a majority of 45 votes.
4. The Commission shall adopt the measures and shall implement them immediately, where they are in accordance with the opinion of the committee. Where the measures envisaged are not in (1) OJ No L 47, 21.2.1980, p. 11. (2) OJ No L 375, 31.12.1980, p. 75. accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken. The Council shall adopt the measures by a qualified majority.
If the Council has not adopted any measures within three months from the date on which the matter is referred to it, the Commission shall adopt the proposed measures and shall implement them immediately, unless the Council has voted against the said measures by a simple majority.
Article 7
The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1984 and shall forthwith inform the Commission thereof.
Article 8
This Directive is addressed to the Member States. | [
"UKPGA19810022"
] |
31983L0029 | 1983 | Council Directive 83/29/EEC of 24 January 1983 amending Directive 78/176/EEC on waste from the titanium dioxide industry
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas there have been difficulties for the Commission to submit, within the time limit stipulated in Article 9 (3) of Directive 78/176/EEC (3), suitable proposals for the harmonization of the programmes for the progressive reduction of pollution; whereas it is therefore necessary to extend the time limit concerned,
Article 1
In Article 9 (3) of Directive 78/176/EEC, the phrase 'The programmes referred to in paragraph 1 shall be sent to the Commission by 1 July 1980 at the latest so that it may, within a period of six months after receipt of all the national programmes, submit suitable proposals to the Council . . .' shall be replaced by 'By 1 July 1980 at the latest the programmes referred to in paragraph 1 shall be sent to the Commission, which, before 15 March 1983, shall submit suitable proposals to the Council . . .'.
Article 2
This Directive is addressed to the Member States. | [
"UKPGA19740040"
] |
31983L0181 | 1983 | Council Directive 83/181/EEC of 28 March 1983 determining the scope of Article 14 (1) (d) of Directive 77/388/EEC as regards exemption from value added tax on the final importation of certain goods
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 100 thereof,
Having regard to the proposal from the Commission [1],
Having regard to the opinion of the European Parliament [2],
Having regard to the opinion of the Economic and Social Committee [3],
Whereas, pursuant to Article 14 (1) (d) of Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes
— Common system of value added tax: uniform basis of assessment [4], Member States shall, without prejudice to other Community provisions and under conditions which they shall lay down for the purpose inter alia of preventing any possible evasion, avoidance or abuse, exempt final importation of goods qualifying for exemption from customs duties other than as provided for in the Common Customs Tariff or which would qualify therefore if they were imported from a third country;
Whereas, in accordance with Article 14 (2) of the abovementioned Directive, the Commission is required to submit to the Council proposals designed to lay down Community tax rules clarifying the scope of the exemptions referred to in paragraph 1 of the said Article and detailed rules for their implementation;
Whereas, while it is deemed desirable to achieve the greatest possible degree of uniformity between the system for customs duties and that for value added tax, account should be taken, nevertheless, in applying the latter system, of the differences as regards objective and structure between customs duties and value added tax;
Whereas arrangements for value added tax should be introduced that differ according to whether goods are imported from third countries or from other Member States and to the extent necessary to comply with the objectives of tax harmonization; whereas the exemptions on importation can be granted only on condition that they are not liable to affect the conditions of competition on the home market;
Whereas certain reliefs at present applied in the Member States stem from conventions with third countries or with other Member States which, given their purpose, concern only the signatory Member States; whereas it is not expedient to define at Community level conditions for granting such reliefs;
whereas the Member States concerned need merely be authorized to retain them,
Article 1
1. The scope of the exemptions from value added tax referred to in Article 14 (1) (d) of Directive 77/388/EEC and the rules for their implementation referred to in Article 14 (2) of that Directive shall be defined by this Directive. In accordance with the aforesaid Article, the Member States shall apply the exemptions laid down in this Directive under the conditions fixed by them in order to ensure that such exemptions are correctly and simply applied and to prevent any evasion, avoidance or abuses.
2. For the purposes of this Directive:
(a) "imports" means imports as defined in Article 7 of 77/388/EEC and the entry for home use after being subject to one of the systems provided for in Article 16 (1) (A) of the said Directive or a system of temporary admission or transit;
(b) "personal property" means any property intended for the personal use of the persons concerned or for meeting their household needs.
The following, in particular, shall constitute "personal property":
- household effects,
- cycles and motor-cycles, private motor vehicles and their trailers, camping caravans, pleasure craft and private aeroplanes.
Household provisions appropriate to normal family requirements, household pets and saddle animals shall also constitute "personal property".
The nature or quantity of personal property shall not reflect any commercial interest, nor shall they be intended for an economic activity within the meaning of Article 4 of Directive 77/388/EEC. However, portable instruments of the applied or liberal arts, required by the person concerned for the pursuit of his trade or profession, shall also constitute personal property;
(c) "household effects" means personal effects, household linen and furnishings and items of equipment intended for the personal use of the persons concerned or for meeting their household needs;
(d) "alcoholic products" means products (beer, wine, aperitifs with a wine or alcohol base, brandies, liqueurs and spirituous beverages, etc.) falling within heading Nos 22.03 to 22.09 of the Common Customs Tariff;
(e) "Community" means the territory of the Member States where Directive 77/388/EEC applies.
TITLE I
IMPORTATION OF PERSONAL PROPERTY BELONGING TO INDIVIDUALS COMING FROM COUNTRIES SITUATED OUTSIDE THE COMMUNITY
Chapter I
Personal property of natural persons transferring their normal place of residence from a third country to the Community
Article 2
Subject to Articles 3 to 10, exemption from VAT on importation shall be granted on personal property imported by natural persons transferring their normal place of residence from outside the Community to a Member State of the Community.
Article 3
Exemption shall be limited to personal property which:
(a) except in special cases justified by the circumstances, has been in the possession of and, in the case of non-consumable goods, used by the person concerned at his former normal place of residence for a minimum of six months before the date on which he ceases to have his normal place of residence outside the Community;
(b) is intended to be used for the same purpose at his new normal place of residence.
The Member States may in addition make exemption conditional upon such property having borne, either in the country of origin or in the country of departure, the customs and/or fiscal charges to which it is normally liable.
Article 4
Exemption may be granted only to persons whose normal place of residence has been outside the Community for a continuous period of at least 12 months.
However, the competent authorities may grant exceptions to this rule provided that the intention of the person concerned was clearly to reside outside the Community for a continuous period of at least 12 months.
Article 5
Exemption shall not be granted in respect of:
(a) alcoholic products;
(b) tobacco or tobacco products;
(c) commercial means of transport;
(d) articles for use in the exercise of a trade or profession, other than portable instruments of the applied or liberal arts.
Vehicles intended for mixed use for commercial or professional purposes may also be excluded from exemption.
Article 6
Except in special cases, exemption shall be granted only in respect of personal property entered for permanent importation within 12 months of the date of establishment, by the person concerned, of his normal place of residence in the Member State of importation.
The personal property may be imported in several separate consignments within the period referred to in the preceding paragraph.
Article 7
1. Until 12 months have elapsed from the date of the declaration for its final importation, personal property which has been imported exempt from tax may not be lent, given as security, hired out or transferred, whether for a consideration or free of charge, without prior notification to the competent authorities.
2. Any loan, giving as security, hiring out or transfer before the expiry of the period referred to in paragraph 1 shall entail payment of the relevant value added tax on the goods concerned, at the rate applying on the date of such loan, giving as security, hiring out or transfer, on the basis of the type of goods and the customs value ascertained or accepted on that date by the competent authorities.
Article 8
1. By way of derogation from the first paragraph of Article 6, exemption may be granted in respect of personal property permanently imported before the person concerned establishes his normal place of residence in the Member State of importation, provided that he undertakes actually to establish his normal place of residence there within a period of six months. Such undertaking shall be accompanied by a security, the form and amount of which shall be determined by the competent authorities.
2. Where use is made of the provisions of paragraph 1, the period laid down in Article 3 shall be calculated from the date of importation into the Member State concerned.
Article 9
1. Where, owing to occupational commitments, the person concerned leaves the country situated outside the Community where he had his normal place of residence without simultaneously establishing his normal place of residence in the territory of a Member State, although having the intention of ultimately doing so, the competent authorities may authorize exemption in respect of the personal property which he transfers into the said territory for this purpose.
2. Exemption in respect of the personal property referred to in paragraph 1 shall be granted in accordance with the conditions laid down in Articles 2 to 7, on the understanding that:
(a) the periods laid down in Article 3 (a) and the first paragraph of Article 6 shall be calculated from the date of importation;
(b) the period referred to in Article 7 (1) shall be calculated from the date when the person concerned actually establishes his normal place of residence in the territory of a Member State.
3. Exemption shall also be subject to an undertaking from the person concerned that he will actually establish his normal place of residence in the territory of a Member State within a period laid down by the competent authorities in keeping with the circumstances. The latter may require this undertaking to be accompanied by a security, the form and amount of which they shall determine.
Article 10
The competent authorities may derogate from Articles 3 (a) and (b), 5 (c) and (d) and 7 when a person has to transfer his normal place of residence from a country situated outside the Community to the territory of a Member State as a result of exceptional political circumstances.
Chapter II
Goods imported on the occasion of a marriage
Article 11
1. Subject to Articles 12 to 15, exemption shall be granted in respect of trousseaux and household effects, whether or not new, belonging to a person transferring his or her normal place of residence from a country outside the Community to the territory of a Member State on the occasion of his or her marriage.
2. Exemption shall also be granted in respect of presents customarily given on the occasion of a marriage which are sent to a person fulfilling the conditions laid down in paragraph 1 by persons having their normal place of residence in a country situated outside the Community. The exemption shall apply to presents of a unit value of not more than 200 ECU. Member States may, however, grant exemption for more than 200 ECU provided that the value of each exempt present does not exceed 1000 ECU.
3. The Member State may make exemption of the goods referred to in paragraph 1 conditional on their having borne, either in the country of origin or in the country of departure, the customs and/or fiscal charges to which they are normally liable.
Article 12
The exemption referred to in Article 11 may be granted only to persons:
(a) whose normal place of residence has been outside the Community for a continuous period of at least 12 months. However, derogations from this rule may be granted provided that the intention of the person concerned was clearly to reside outside the Community for a continuous period of at least 12 months;
(b) who produce evidence of their marriage.
Article 13
No exemption shall be granted for alcoholic products, tobacco or tobacco products.
Article 14
1. Save in exceptional circumstances, exemption shall be granted only in respect of goods permanently imported:
- not earlier than two months before the date fixed for the wedding (in this case exemption may be made subject to the lodging of appropriate security, the form and amount of which shall be determined by the competent authorities), and
- not later than four months after the date of the wedding.
2. Goods referred to in Article 11 may be imported in several separate consignments within the period referred to in paragraph 1.
Article 15
1. Until 12 months have elapsed from the date of the declaration for their final importation, goods which have been imported exempt from tax may not be lent, given as security, hired out or transferred, whether for a consideration or free of charge, without prior notification to the competent authorities.
2. Any loan, giving as security, hiring out or transfer before the expiry of the period referred to in paragraph 1 shall entail payment of the relevant value added tax on the goods concerned, at the rate applying on the date of such loan, giving as security, hiring out or transfer, on the basis of the type of goods and the value ascertained or accepted on that date by the competent authorities.
Chapter III
Personal property acquired by inheritance
Article 16
Subject to Articles 17 to 19, exemption shall be granted in respect of personal property acquired by inheritance by a natural person having his normal place of residence in a Member State.
Article 17
Exemption shall not be granted in respect of:
(a) alcoholic products;
(b) tobacco or tobacco products;
(c) commercial means of transport;
(d) articles for use in the exercise of a trade or profession, other than portable instruments of the applied or liberal arts, which were required for the exercise of the trade or profession of the deceased;
(e) stocks of raw materials and finished or semi-finished products;
(f) livestock and stocks of agricultural products exceeding the quantities appropriate to normal family requirements.
Article 18
1. Exemption shall be granted only in respect of personal property permanently imported not later than two years from the date on which the person becomes entitled to the goods (final settlement of the inheritance).
However, this period may be extended by the competent authorities on special grounds.
2. The goods may be imported in several separate consignments within the period referred to in paragraph 1.
Article 19
Articles 16 to 18 shall apply mutatis mutandis to personal property acquired by inheritance by legal persons engaged in a non-profitmaking activity who are established in the territory of a Member State.
TITLE II
SCHOOL OUTFITS, SCHOLASTIC MATERIALS AND OTHER SCHOLASTIC HOUSEHOLD EFFECTS
Article 20
1. Exemption shall be granted in respect of outfits, scholastic materials and household effects representing the usual furnishings for a student's room and belonging to pupils or students coming to stay in a Member State for the purposes of studying there and intended for their personal use during the period of their studies.
2. For the purposes of this Article:
(a) pupil or student means any person enrolled in an educational establishment in order to attend full-time the courses offered therein;
(b) outfit means underwear and household linen as well as clothing, whether or not new;
(c) scholastic materials means articles and instruments (including calculators and typewriters) normally used by pupils or students for the purposes of their studies.
Article 21
Exemption shall be granted at least once per school year.
TITLE III
IMPORTS OF NEGLIGIBLE VALUE
Article 22
Member States may allow exemptions on imports of goods of a total value not exceeding 22 ECU.
Article 23
Exemption shall not apply to the following:
(a) alcoholic products;
(b) perfumes and toilet waters;
(c) tobacco or tobacco products.
TITLE IV
CAPITAL GOODS AND OTHER EQUIPMENT IMPORTED ON THE TRANSFER OF ACTIVITIES
Article 24
1. Without prejudice to the measures in force in the Member State with regard to industrial and commercial policy, and subject to Articles 25 to 28, Member States may allow exemption, on admission, for imports of capital goods and other equipment belonging to undertakings which definitively cease their activity in the country of departure in order to carry on a similar activity in the Member State into which the goods are imported and which, in accordance with Article 22 (1) of Directive 77/388/EEC, have given advance notice to the competent authorities of the Member State of importation of the commencement of such activity.
Where the undertaking transferred is an agricultural holding, its livestock shall also be exempt on admission.
2. For the purposes of paragraph 1:
- "activity" means an economic activity as referred to in Article 4 of Directive 77/388/EEC,
- "undertaking" means an independent economic unit of production or of the service industry.
Article 25
1. The exemption referred to in Article 24 shall be limited to capital goods and equipment which:
(a) except in special cases justified by the circumstances, have actually been used in the undertaking for a minimum of 12 months prior to the date on which the undertaking ceased to operate in the country of departure;
(b) are intended to be used for the same purposes after the transfer;
(c) are to be used for the purposes of an activity not exempted under Article 13 of Directive 77/388/EEC;
(d) are appropriate to the nature and size of the undertaking in question.
2. However, Member States may exempt capital goods and equipment imported from another Member State by charitable or philanthropic organizations at the time of the transfer of their principal place of business to the Member State of importation.
Such exemption shall, however, be granted only on condition that at the time when they were acquired the capital goods and equipment in question were not exempt under Article 15 (12) of Directive 77/388/EEC.
3. Pending entry into force of the common rules referred to in the first subparagraph of Article 17 (6) of Directive 77/388/EEC, Member States may exclude from the exemption, in whole or in part, capital goods in respect of which they have availed themselves of the second subparagraph of that paragraph.
Article 26
No exemption shall be granted to undertakings established outside the Community and the transfer of which into the territory of a Member State is consequent upon or is for the purpose of merging with, or being absorbed by, an undertaking established in the Community, without a new activity being set up.
Article 27
No exemption shall be granted for:
(a) means of transport which are not of the nature of instruments of production or of the service industry;
(b) supplies of all kinds intended for human consumption or for animal feed;
(c) fuel and stocks of raw materials or finished or semi-finished products;
(d) livestock in the possession of dealers.
Article 28
Except in special cases justified by the circumstances, the exemption referred to in Article 24 shall be granted only in respect of capital goods and other equipment imported before the expiry of a period of 12 months from the date when the undertaking ceased its activities in the country of departure.
TITLE V
IMPORTATION OF CERTAIN AGRICULTURAL PRODUCTS AND PRODUCTS INTENDED FOR AGRICULTURAL USE
Chapter I
Products obtained by Community farmers on properties located in a State other than the State of importation
Article 29
1. Subject to Articles 30 and 31, agricultural, stock-farming, bee-keeping, horticultural and forestry products from properties located in a country adjoining the territory of the Member State of importation which are operated by agricultural producers having their principal undertaking in that Member State and adjacent to the country concerned shall be exempt on admission.
2. To be eligible under paragraph 1, stock-farming products must be obtained from animals reared, acquired or imported in accordance with the general tax arrangements applicable in the Member State of importation.
3. Pure-bred horses, not more than six months old and born outside the Member State of importation of an animal covered in that State and then exported temporarily to give birth, shall be exempt on admission.
Article 30
Exemption shall be limited to products which have not undergone any treatment other than that which normally follows their harvest or production.
Article 31
Exemption shall be granted only in respect of products imported by the agricultural producer or on his behalf.
Article 32
This Chapter shall apply mutatis mutandis to the products of fishing or fish-farming activities carried out in the lakes or waterways bordering the territory of the Member State of importation by fishermen established in that Member State and to the products of hunting activities carried out on such lakes or waterways by sportsmen established in that Member State.
Chapter II
Seeds, fertilizers and products for the treatment of soil and crops
Article 33
Subject to Article 34, seeds, fertilizers and products for the treatment of soil and crops, intended for use on property located in a Member State adjoining a country situated outside the Community or another Member State and operated by agricultural producers having their principal undertaking in the said country situated outside the Community or Member State adjacent to the territory of the Member State of importation shall be exempt on admission.
Article 34
1. Exemption shall be limited to the quantities of seeds, fertilizers or other products required for the purpose of operating the property.
2. It shall be granted only for seeds, fertilizers or other products introduced directly into the importing Member State by the agricultural producer or on his behalf.
3. Member States may make exemption conditional upon the granting of reciprocal treatment.
TITLE VI
IMPORTATION OF THERAPEUTIC SUBSTANCES, MEDICINES, LABORATORY ANIMALS AND BIOLOGICAL OR CHEMICAL SUBSTANCES
Chapter I
Laboratory animals and biological or chemical substances intended for research
Article 35
1. The following shall be exempt on admission:
(a) animals specially prepared and sent free of charge for laboratory use;
(b) biological or chemical substances:
- which are imported free of charge from the territory of another Member State, or
- which are imported from countries outside the Community subject to the limits and conditions laid down in Article 60 (1) (b) of Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community system of reliefs from customs duty [5].
2. The exemption referred to in paragraph 1 shall be limited to animals and biological or chemical substances which are intended for:
- either public establishments principally engaged in education or scientific research, including those departments of public establishmets which are principally engaged in education or scientific research,
- or private establishments principally engaged in education or scientific research and authorized by the competent authorities of the Member States to receive such articles exempt from tax.
Chapter II
Therapeutic substances of human origin and blood-grouping and tissue-typing reagents
Article 36
1. Without prejudice to the exemption provided for in Article 14 (1) (a) of Directive 77/388/EEC and subject to Article 37, the following shall be exempted:
(a) therapeutic substances of human origin;
(b) blood-grouping reagents;
(c) tissue-typing reagents.
2. For the purposes of paragraph 1:
- "therapeutic substances of human origin" means human blood and its derivatives (whole human blood, dried human plasma, human albumin and fixed solutions of human plasma protein, human immunoglobulin and human fibrinogen),
- "blood-grouping reagents" means all reagents, whether of human, animal, plant or other origin used for blood-type grouping and for the detection of blood incompatibilities,
- "tissue-typing reagents" means all reagents whether of human, animal, plant or other origin used for the determination of human tissue-types.
Article 37
Exemption shall be limited to products which:
(a) are intended for institutions or laboratories approved by the competent authorities, for use exclusively for non-commercial medical or scientific purposes;
(b) are accompanied by a certificate of conformity issued by a duly authorized body in the country of departure;
(c) are in containers bearing a special label identifying them.
Article 38
Exemption shall include the special packaging essential for the transport of therapeutic substances of human origin or blood-grouping or tissue-typing reagents and also any solvents and accessories needed for their use which may be included in the consignments.
Chapter III
Pharmaceutical products used at international sports events
Article 39
Pharmaceutical products for human or veterinary medical use by persons or animals participating in international sports events shall, within the limits necessary to meet their requirements during their stay in the Member State of importation, be exempt on admission.
TITLE VII
GOODS FOR CHARITABLE OR PHILANTHROPIC ORGANIZATIONS
Article 40
Member States may impose a limit on the quantity or value of the goods referred to in Articles 41 to 55, in order to remedy any abuse and to combat major distortions of competition.
Chapter I
Goods imported for general purposes
Article 41
1. Subject to Articles 42 to 44, the following shall be exempt on admission:
(a) basic necessities obtained free of charge and imported by State organizations or other charitable or philanthropic organizations approved by the competent authorities for distribution free of charge to needy persons;
(b) goods of every description sent free of charge, by a person or organization established in a country other than the Member State of importation, and without any commercial intent on the part of the sender, to State organizations or other charitable or philanthropic organizations approved by the competent authorities, to be used for fund-raising at occasional charity events for the benefit of needy persons;
(c) equipment and office materials sent free of charge, by a person or organization established in a country other than the Member State of importation, and without any commercial intent on the part of the sender, to charitable or philanthropic organizations approved by the competent authorities, to be used solely for the purpose of meeting their operating needs or carrying out their stated charitable or philanthropic aims.
2. For the purposes of paragraph 1 (a) "basic necessities" means those goods required to meet the immediate needs of human beings, e.g. food, medicine, clothing and bed-clothes.
Article 42
Exemption shall not be granted in respect of:
(a) alcoholic products;
(b) tobacco or tobacco products;
(c) coffee and tea;
(d) motor vehicles other than ambulances.
Article 43
Exemption shall be granted only to organizations accounting procedures of which enable the competent authorities to supervise their operations and which offer all the guarantees considered necessary.
Article 44
1. Exempt goods may not be put out by the organization entitled to exemption for loan, hiring out or transfer, whether for a consideration or free of charge, for purposes other than those laid down in Article 41 (1) (a) and (b), unless the competent authorities have been informed thereof in advance.
2. Should goods and equipment be lent, hired out or transferred to an organization entitled to benefit from exemption pursuant to Articles 41 and 43, the exemption shall continue to be granted provided that the latter uses the goods and equipment for purposes which confer the right to such exemption.
In other cases, loan, hiring out or transfer shall be subject to prior payment of value added tax at the rate applying on the date of the loan, hiring out or transfer, on the basis of the type of goods and equipment and the value ascertained or accepted on that date by the competent authorities.
Article 45
1. Organizations referred to in Article 41 which cease to fulfil the conditions giving entitlement to exemption, or which are proposing to use goods and equipment exempt on admission for purposes other than those provided for by that Article, shall so inform the competent authorities.
2. Goods remaining in the possession of organizations which cease to fulfil the conditions giving entitlement to exemption shall be liable to the relevant import value added tax at the rate applying on the date on which those conditions cease to be fulfilled, on the basis of the type of goods and equipment and the value as ascertained or accepted on that date by the competent authorities.
3. Goods used by the organization benefiting from the exemption for purposes other than those provided for in Article 41 shall be liable to the relevant import value added tax at the rate applying on the date on which they are put to another use on the basis of the type of goods and equipment and the value as ascertained on that date by the competent authorities.
Chapter II
Articles imported for the benefit of handicapped persons
Article 46
1. Articles specially designed for the education, employment or social advancement of blind or other physically or mentally handicapped persons shall be exempt on admission where:
(a) they are imported by institutions or organizations that are principally engaged in the education of or the provision of assistance to handicapped persons and are authorized by the competent authorities of the Member States to receive such articles exempt from tax; and
(b) they are donated to such institutions or organizations free of charge and with no commercial intent on the part of the donor.
2. Exemption shall apply to specific spare parts, components or accessories specifically for the aricles in question and to the tools to be used for the maintenance, checking, calibration and repair of the said articles, provided that such spare parts, components, accessories or tools are imported at the same time as the said articles or, if imported subsequently, that they can be identified as being intended for articles previously exempt on admission or which would be eligible to be so exempt at the time when such entry is requested for the specific spare parts, components or accessories and tools in question.
3. Articles exempt on admission may not be used for purposes other than the education, employment or social advancement of blind or other handicapped persons.
Article 47
1. Goods exempt on admission may be lent, hired out or transferred, whether for a consideration or free of charge, by the beneficiary institutions or organizations on a non-profitmaking basis to the persons referred to in Article 46 with whom they are concerned, without payment of value added tax on importation.
2. No loan, hiring out or transfer may be effected under conditions other than those provided for in paragraph 1 unless the competent authorities have first been informed.
Should an article be lent, hired out or transferred to an institution or organization itself entitled to benefit from this exemption, the exemption shall continue to be granted, provided the latter uses the article for purposes which confer the right to such exemption.
In other cases, loan, hiring out or transfer shall be subject to prior payment of value added tax, at the rate applying on the date of the loan, hiring out or transfer, on the basis of the type of goods and the value ascertained or accepted on that date by the competent authorities.
Article 48
1. Institutions or organizations referred to in Article 46 which cease to fulfil the conditions giving entitlement to exemption, or which are proposing to use articles exempt on admission for purposes other than those provided for by that Article shall so inform the competent authorities.
2. Articles remaining in the possession of institutions or organizations which cease to fulfil the conditions giving entitlement to exemption shall be liable to the relevant import value added tax at the rate applying on the date on which those conditions cease to be fulfilled, on the basis of the type of goods and the value ascertained or accepted on that date by the competent authorities.
3. Articles used by the institution or organization benefiting from the exemption for purposes other than those provided for in Article 46 shall be liable to the relevant import value added tax at the rate applying on the date on which they are put to another use on the basis of the type of goods and the value ascertained or accepted on that date by the competent authorities.
Chapter III
Goods imported for the benefit of disaster victims
Article 49
1. Subject to Articles 50 to 55, goods imported by State organizations or other charitable or philanthropic organizations approved by the competent authorities shall be exempt on admission where they are intended:
(a) for distribution free of charge to victims of disasters affecting the territory of one or more Member States; or
(b) to be made available free of charge to the victims of such disasters, while remaining the property of the organizations in question.
2. Goods imported by disaster-relief agencies in order to meet their needs during the period of their activity shall also benefit upon admission from the exemption referred to in paragraph 1 under the same conditions.
Article 50
No exemption shall be granted for materials and equipment intended for rebuilding disaster areas.
Article 51
Granting of the exemption shall be subject to a decision by the Commission, acting at the request of the Member State or States concerned in accordance with an emergency procedure entailing the consultation of the other Member States. This decision shall, where necessary, lay down the scope and the conditions of the exemption.
Pending notification of the Commission's decision, Member States affected by a disaster may authorize the suspension of any import value added tax chargeable on goods imported for the purposes described in Article 49, subject to an undertaking by the importing organization to pay such tax if exemption is not granted.
Article 52
Exemption shall be granted only to organizations the accounting procedures of which enable the competent authorities to supervise their operations and which offer all the guarantees considered necessary.
Article 53
1. The organizations benefiting from the exemption may not lend, hire out or transfer, whether for a consideration or free of charge, the goods referred to in Article 49 (1) under conditions other than those laid down in that Article without prior notification thereof to the competent authorities.
2. Should goods be lent, hired out or transferred to an organization itself entitled to benefit from exemption pursuant to Article 49, the exemption shall continue to be granted, provided the latter uses the goods for purposes which confer the right to such exemption.
In other cases, loan, hiring out or transfer shall be subject to prior payment of value added tax, at the rate applying on the date of the loan, hiring out or transfer, on the basis of the type of goods and the value ascertained or accepted on that date by the competent authorities.
Article 54
1. The goods referred to in Article 49 (1) (b), after they cease to be used by disaster victims, may not be lent, hired out or transferred, whether for a consideration or free of charge, unless the competent authorities are notified in advance.
2. Should goods be lent, hired out or transferred to an organization itself entitled to benefit from exemption pursuant to Article 49 or, if appropriate, to an organization entitled to benefit from exemption pursuant to Article 41 (1) (a), the exemption shall continue to be granted, provided such organizations use them for purposes which confer the right to such exemption.
In other cases, loan, hiring out or transfer shall be subject to prior payment of value added tax, at the rate applying on the date of the loan, hiring out or transfer, on the basis of the type of goods and the value ascertained or accepted on that date by the competent authorities.
Article 55
1. Organizations referred to in Article 49 which cease to fulfil the conditions giving entitlement to exemption, or which are proposing to use the goods exempt on admission for purposes other than those provided for by that Article shall so inform the competent authorities.
2. In the case of goods remaining in the possession of organizations which cease to fulfil the conditions giving entitlement to exemption, when these are transferred to an organization itself entitled to benefit from exemption pursuant to this chapter or, if appropriate, to an organization entitled to benefit from exemption pursuant to Article 41, the exemption shall continue to be granted, provided the organization uses the goods in question for purposes which confer the right to such exemptions. In other cases, the goods shall be liable to the relevant import value added tax at the rate applying on the date on which those conditions cease to be fulfilled, on the basis of the type of goods and the value ascertained or accepted on that date by the competent authorities.
3. Goods used by the organization benefiting from the exemption for purposes other than those provided for in this chapter shall be liable to the relevant import value added tax at the rate applying on the date on which they are put to another use, on the basis of the type of goods and the value ascertained or accepted on that date by the competent authorities.
TITLE VIII
IMPORTATION IN THE CONTEXT OF CERTAIN ASPECTS OF INTERNATIONAL RELATIONS
Chapter I
Honorary decorations or awards
Article 56
On production of satisfactory evidence to the competent authorities by the persons concerned, and provided the operations involved are not in any way of a commercial character, exemption shall be granted in respect of:
(a) decorations conferred by the government of a country other than the Member State of importation on persons whose normal place of residence is in the latter State;
(b) cups, medals and similar articles of an essentially symbolic nature which, having been awarded in a country other than the Member State of importation to persons having their normal place of residence in the latter State as a tribute to their activities in fields such as the arts, the sciences, sport or the public service or in recognition of merit at a particular event, are imported by such persons themselves;
(c) cups, medals and similar articles of an essentially symbolic nature which are given free of charge by authorities or persons established in a country other than the Member State of importation, to be presented in the territory of the latter State for the same purposes as those referred to in (b).
Chapter II
Presents received in the context of international relations
Article 57
Without prejudice, where relevant, to the provisions applicable to the international movement of travellers, and subject to Articles 58 and 59, exemption shall be granted in respect of goods:
(a) imported by persons who have paid an official visit in a country other than that of their normal residence and who have received such goods on that occasion as gifts from the host authorities;
(b) imported by persons coming to pay an official visit in the Member State of importation and who intend to offer them on that occasion as gifts to the host authorities;
(c) sent as gifts, in token of friendship or goodwill, by an official body, public authority or group carrying on an activity in the public interest which is located in a country other than the Member State of importation, to an official body, public authority or group carrying on an activity in the public interest which is located in the Member State of importation and approved by the competent authorities to receive such goods exempt from tax.
Article 58
No exemption shall be granted for alcoholic products, tobacco or tobacco products.
Article 59
Exemption shall be granted only:
- where the articles intended as gifts are offered on an occasional basis,
- where they do not, by their nature, value or quantity, reflect any commercial interest,
- if they are not used for commercial purposes.
Chapter III
Goods to be used by monarchs or heads of State
Article 60
Exemption from tax, within the limits and under the conditions laid down by the competent authorities, shall be granted in respect of:
(a) gifts to reigning monarchs and heads of State;
(b) goods to be used or consumed by reigning monarchs and heads of State of another State, or by persons officially representing them, during their official stay in the Member State of importation. However, exemption may be made subject, by the Member State of importation, to reciprocal treatment.
The provisions of the preceding subparagraph are also applicable to persons enjoying prerogatives at international level analogous to those enjoyed by reigning monarchs or heads of State.
TITLE IX
IMPORTATION OF GOODS FOR THE PROMOTION OF TRADE
Chapter I
Samples of negligible value
Article 61
1. Without prejudice to Article 65 (1) (a), samples of goods which are of negligible value and which can be used only to solicit orders for goods of the type they represent shall be exempt on admission.
2. The competent authorities may require that certain articles, to qualify for exemption on admission, be rendered permanently unusable by being torn, perforated, or clearly and indelibly marked, or by any other process, provided such operation does not destroy their character as samples.
3. For the purposes of paragraph 1, "samples of goods" means any article representing a type of goods whose manner of presentation and quantity, for goods of the same type or quality, rule out its use for any purpose other than that of seeking orders.
Chapter II
Printed matter and advertising material
Article 62
Subject to Article 63, printed advertising matter such as catalogues, price lists, directions for use or brochures shall be exempt on admission provided that they relate to:
(a) goods for sale or hire, or
(b) transport, commercial insurance or banking services offered
by a person established outside the Member State of importation.
Article 63
The exemption referred to in Article 62 shall be limited to printed advertisements which fulfil the following conditions:
(a) printed matter must clearly display the name of the undertaking which produces, sells or hires out the goods, or which offers the services to which it refers;
(b) each consignment must contain no more than one document or a single copy of each document if it is made up of several documents. Consignments comprising several copies of the same document may nevertheless be granted exemption provided their total gross weight does not exceed one kilogram;
(c) printed matter may not be the subject of grouped consignments from the same consignor to the same consignee.
Article 64
Articles for advertising purposes, of no intrinsic commercial value, sent free of charge by suppliers to their customers which, apart from their advertising function, are not capable of being used shall also be exempt on admission.
Chapter III
Goods used or consumed at a trade fair or similar event
Article 65
1. Subject to Articles 66 to 69, the following shall be exempt on admission:
(a) small representative samples of goods intended for a trade fair or similar event;
(b) goods imported solely in order to be demonstrated or in order to demonstrate machines and apparatus displayed at a trade fair or similar event;
(c) various materials of little value, such as paints, varnishes and wallpaper, which are to be used in the building, fitting-out and decoration of temporary stands at a trade fair or similar event, which are destroyed by being used;
(d) printed matter, catalogues, prospectuses, price lists, advertising posters, calendars, whether or not illustrated, unframed photographs and other articles supplied free of charge in order to advertise goods displayed at a trade fair or similar event.
2. For the purposes of paragraph 1, "trade fair or similar event" means:
(a) exhibitions, fairs, shows and similar events connected with trade, industry, agriculture or handicrafts;
(b) exhibitions and events held mainly for charitable reasons;
(c) exhibitions and events held mainly for scientific, technical, handicraft, artistic, educational or cultural or sporting reasons, for religious reasons or for reasons of worship, trade union activity or tourism, or in order to promote international understanding;
(d) meetings of representatives of international organizations or collective bodies;
(e) official or commemorative ceremonies and gatherings;
but not exhibitions staged for private purposes in commercial stores or premises to sell goods.
Article 66
The exemption referred to in Article 65 (1) (a) shall be limited to samples which:
(a) are imported free of charge as such or are obtained at the exhibition from goods imported in bulk;
(b) are exclusively distributed free of charge to the public at the exhibition for use or consumption by the persons to whom they have been offered;
(c) are identifiable as advertising samples of low unitary value;
(d) are not easily marketable and, where appropriate, are packaged in such a way that the quantity of the item involved is lower than the smallest quantity of the same item actually sold on the market;
(e) in the case of foodstuffs and beverages not packaged as mentioned in (d), are consumed on the spot at the exhibition;
(f) in their total value and quantity, are appropriate to the nature of the exhibition, the number of visitors and the extent of the exhibitor's participation.
Article 67
The exemption referred to in Article 65 (1) (b) shall be limited to goods which are:
(a) consumed or destroyed at the exhibition, and
(b) are appropriate, in their total value and quantity, to the nature of the exhibition, the number of visitors and the extent of the exhibitor's participation.
Article 68
The exemption referred to in Article 65 (1) (d) shall be limited to printed matter and articles for advertising purposes which:
(a) are intended exclusively to be distributed free of charge to the public at the place where the exhibition is held;
(b) in their total value and quantity, are appropriate to the nature of the exhibition, the number of visitors and the extent of the exhibitor's participation.
Article 69
The exemption referred to in Article 65 (1) (a) and (b) shall not be granted for:
(a) alcoholic products;
(b) tobacco or tobacco products;
(c) fuels, whether solid, liquid or gaseous.
TITLE X
GOODS IMPORTED FOR EXAMINATION, ANALYSIS OR TEST PURPOSES
Article 70
Subject to Articles 71 to 76, goods which are to undergo examination, analysis or tests to determine their composition, quality or other technical characteristics for purposes of information or industrial or commercial research shall be exempt on admission.
Article 71
Without prejudice to Article 74, the exemption referred to in Article 70 shall be granted only on condition that the goods to be examined, analyzed or tested are completely used up or destroyed in the course of the examination, analysis or testing.
Article 72
No exemption shall be granted in respect of goods used in examination, analysis or tests which in themselves constitute sales promotion operations.
Article 73
Exemption shall be granted only in respect of the quantities of goods which are strictly necessary for the purpose for which they are imported. These quantities shall in each case be determined by the competent authorities, taking into account the said purpose.
Article 74
1. The exemption referred to in Article 70 shall cover goods which are not completely used up or destroyed during examination, analysis or testing, provided that the products remaining are, with the agreement and under the supervision of the competent authorities:
- completely destroyed or rendered commercially valueless on completion of examination, analysis or testing, or
- surrendered to the State without causing it any expense, where this is possible under national law, or
- in duly justified circumstances, exported outside the territory of the Member State of importation.
2. For the purposes of paragraph 1, "products remaining" means products resulting from the examinations, analyses or tests or goods not actually used.
Article 75
Save where Article 74 (1) is applied, products remaining at the end of the examinations, analyses or tests referred to in Article 70 shall be subject to the relevant import value added tax, at the rate applying on the date of completion of the examinations, analyses or tests, on the basis of the type of goods and the value ascertained or accepted on that date by the competent authorities.
However, the interested party may, with the agreement and under the supervision of the competent authorities, convert products remaining to waste or scrap. In this case, the import duties shall be those applying to such waste or scrap at the time of conversion.
Article 76
The period within which the examinations, analyses or tests must be carried out and the administrative formalities to be completed in order to ensure the use of the goods for the purposes intended shall be determined by the competent authorities.
TITLE XI
MISCELLANEOUS EXEMPTIONS
Chapter I
Consignments sent to organizations protecting copyrights or industrial and commercial patent rights
Article 77
Trademarks, patterns or designs and their supporting documents, as well as applications for patents for invention or the like, to be submitted to the bodies competent to deal with the protection of copyrights or the protection of industrial or commercial patent rights shall be exempt on admission.
Chapter II
Tourist information literature
Article 78
The following shall be exempt on admission:
(a) documentation (leaflets, brochures, books, magazines, guidebooks, posters, whether or not framed, unframed photographs and photographic enlargements, maps, whether or not illustrated, window transparencies, and illustrated calendars) intended to be distributed free of charge and the principal purpose of which is to encourage the public to visit foreign countries, in particular in order to attend cultural, tourist, sporting, religious or trade or professional meetings or events, provided that such literature contains not more than 25 % of private commercial advertising and that the general nature of its promotional aims is evident;
(b) foreign hotel lists and yearbooks published by official tourist agencies, or under their auspices, and timetables for foreign transport services, provided that such literature is intended for distribution free of charge and contains not more than 25 % of private commercial advertising;
(c) reference material supplied to accredited representatives or correspondents appointed by official national tourist agencies and not intended for distribution, i.e. yearbooks, lists of telephone or telex numbers, hotel lists, fairs catalogues, specimens of craft goods of negligible value, and literature on museums, universities, spas or other similar establishments.
Chapter III
Miscellaneous documents and articles
Article 79
The following shall be exempt on admission:
(a) documents sent free of charge to the public services of Member States;
(b) publications of foreign governments and publications of official international bodies intended for distribution without charge;
(c) ballot papers for elections organized by bodies set up in countries other than the Member State of importation;
(d) objects to be submitted as evidence or for like purposes to the courts or other official agencies of the Member States;
(e) specimen signatures and printed circulars concerning signatures sent as part of customary exchanges of information between public services or banking establishments;
(f) official printed matter sent to the central banks of the Member States;
(g) reports, statements, notes, prospectuses, application forms and other documents drawn up by companies with headquarters outside the Member State of importation and sent to the bearers or subscribers of securities issued by such companies;
(h) recorded media (punched cards, sound recordings, microfilms, etc.) used for the transmission of information sent free of charge to the addressee, in so far as exemption does not give rise to abuses or to major distortions of competition;
(i) files, archives, printed forms and other documents to be used in international meetings, conferences or congresses, and reports on such gatherings;
(j) plans, technical drawings, traced designs, descriptions and other similar documents imported with a view to obtaining or fulfilling orders in a country other than the Member State of importation or to participating in a competition held in that State;
(k) documents to be used in examinations held in the Member State of importation by institutions set up in another country;
(l) printed forms to be used as official documents in the international movement of vehicles or goods, within the framework of international conventions;
(m) printed forms, labels, tickets and similar documents sent by transport undertakings or by undertakings of the hotel industry located in a country other than the Member State of importation to travel agencies set up in that State;
(n) printed forms and tickets, bills of lading, way-bills and other commercial or office documents which have been used;
(o) official printed forms from national or international authorities, and printed matter conforming to international standards sent for distribution by associations of countries other than the Member State of importation to corresponding associations located in that State;
(p) photographs, slides and sterotype mats for photographs, whether or not captioned, sent to press agencies to newspaper or magazine publishers;
(q) articles listed in the Annex to this Directive which are produced by the United Nations or one of its specialized agencies whatever the use for which they are intended;
(r) collectors' pieces and works of art of an educational, scientific or cultural character which are not intended for sale and which are imported by museums, galleries and other institutions approved by the competent authorities of the Member States for the purpose of duty-free admission of these goods. The exemption is granted only on condition that the articles in question are imported free of charge or, if they are imported against payment, that they are not supplied by a taxable person.
Chapter IV
Ancillary materials for the stowage and protection of goods during their transport
Article 80
The various materials such as rope, straw, cloth, paper and cardboard, wood and plastics which are used for the stowage and protection
— including heat protection
— of goods during their transport to the territory of a Member State, shall be exempt on admission, provided that:
(a) they are not normally re-usable; and
(b) the consideration paid for them forms part of the taxable amount as defined in Article 11 of Directive 77/388/EEC.
Chapter V
Litter, fodder and feedingstuffs for animals during their transport
Article 81
Litter, fodder and feedingstuffs of any description put on board the means of transport used to convey animals to the territory of a Member State for the purpose of distribution to the said animals during the journey shall be exempt on admission.
Chapter VI
Fuel and lubricants present in land motor vehicles
Article 82
1. Subject to Articles 83 to 85, the following shall be exempt on admission:
(a) fuel contained in the standard tanks of private and commercial motor vehicles and motor cycles;
(b) fuel contained in portable tanks carried by private motor vehicles and motor cycles, with a maximum of 10 litres per vehicle and without prejudice to national provisions on the holding and transport of fuel.
2. For the purposes of paragraph 1:
(a) "commercial motor vehicle" means any motorized road vehicle which by its type of construction and equipment is designed for and capable of transporting, whether for payment or not:
- more than nine persons including the driver,
- goods,
and any road vehicle for a special purpose other than transport as such;
(b) "private motor vehicle" means any motor vehicle not covered by the definition in (a);
(c) "standard tanks" means the tanks permanently fixed by the manufacturer to all motor vehicles of the same type as the vehicle in question and whose permanent fitting enables fuel to be used directly, both for the purpose of propulsion and, where appropriate, for the operation of a refrigeration system.
Gas tanks fitted to motor vehicles designed for the direct use of gas as a fuel shall also be considered to be standard tanks.
Article 83
Member States may limit application of the exemption in respect of fuel contained in the standard tanks of commercial motor vehicles to 200 litres per vehicle per journey.
Article 84
Member States may limit the amount of fuel exempt on admission in the case of:
(a) commercial motor vehicles engaged in international transport
- from third countries to their frontier zone, to a maximum depth of 25 km as the crow flies,
- from another Member State to their frontier zone, to a maximum depth of 15 km as the crow flies,
where such transport consists of journeys made by persons residing in that zone;
(b) private motor vehicles belonging to persons residing in the frontier zone, to a maximum depth of 15 km as the crow flies, contiguous with a third country.
Article 85
Fuel exempt on admission may not be used in a vehicle other than that in which it was imported nor be removed from that vehicle and stored, except during necessary repairs to that vehicle, or transferred for a consideration or free of charge by the person granted the exemption.
Non-compliance with the preceding paragraph shall give rise to application of the import value added tax relating to the products in question at the rate in force on the date of such non-compliance, on the basis of the type of goods and the value ascertained or accepted on that date by the competent authorities.
Article 86
The exemption referred to in Article 82 shall also apply to lubricants carried in motor vehicles and required for their normal operation during the journey in question.
Chapter VII
Goods for the construction, upkeep or ornamentation of memorials to, or cemeteries for, war victims
Article 87
Exemption from tax shall be granted in respect of goods imported by organizations authorized for that purpose by the competent authorities, for use in the construction, upkeep or ornamentation of cemeteries and tombs of, and memorials to, war victims of a country other than the Member State of importation who are buried in the latter State.
Chapter VIII
Coffins, funerary urns and ornamental funerary articles
Article 88
The following shall be exempt on admission:
(a) coffins containing bodies and urns containing the ashes of deceased persons, as well as the flowers, funeral wreaths and other ornamental objects normally accompanying them;
(b) flowers, wreaths and other ornamental objects brought by persons resident in a Member State other than that of importation, attending a funeral or coming to decorate graves in the territory of a Member State of importation provided these importations do not reflect, by either their nature or their quantity, any commercial intent.
TITLE XII
GENERAL AND FINAL PROVISIONS
Article 89
Where this Directive provides that the granting of an exemption shall be subject to the fulfilment of certain conditions, the person concerned shall, to the satisfaction of the competent authorities, furnish proof that these conditions have been met.
Article 90
1. The exchange value in national currency of the ECU to be taken into consideration for the purposes of this Directive shall be fixed once a year. The rates to be applied shall be those obtaining on the first working day in October and shall take effect on 1 January the following year.
2. Member States may round off the amounts in national currency arrived at by converting the amounts in ECU.
3. Member States may continue to apply the amounts of the exemptions in force at the time of the annual adjustment provided for in paragraph 1, if conversion of the amounts of the exemptions expressed in ECU leads, before the rounding-off provided for in paragraph 2, to an alteration of less than 5 % in the exemption expressed in national currency.
Article 91
No provision of this Directive shall prevent Member States from continuing to grant:
(a) the privileges and immunities granted by them under cultural, scientific or technical cooperation agreements concluded between them or with third countries;
(b) the special exemptions justified by the nature of frontier traffic which are granted by them under frontier agreements concluded between them or with countries outside the Community.
Article 92
Until the establishment of Community exemptions upon importation, Member States may retain the exemptions granted to:
(a) merchant-navy seamen;
(b) workers returning to their country after having resided for at least six months outside the importing Member State on account of their occupation.
Article 93
1. Member States shall bring into force the measures necessary to comply with this Directive with effect from 1 July 1984.
2. Member States shall inform the Commission of the measures which they adopt to give effect to this Directive, indicating, where the case arises, those measures which they adopt by simple reference to identical provisions of Regulation (EEC) No 918/83.
Article 94
This Directive is addressed to the Member States. | [
"UKSI19840746"
] |
31983L0189 | 1983 | Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 213 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the prohibition of quantitative restrictions on the movement of goods and of measures having an equivalent effect is one of the basic principles of the Community;
Whereas barriers to trade resulting from technical regulations relating to products may be allowed only where they are necessary in order to meet essential requirements and have an objective in the public interest of which they constitute the main guarantee;
Whereas it is essential for the Commission to have the necessary information at its disposal before the adoption of technical provisions ; whereas, consequently, the Member States which are required to facilitate the achievement of its task pursuant to Article 5 of the Treaty must notify it of their projects in the field of technical regulations;
Whereas all the Member States must also be informed of the technical regulations contemplated by any one Member State;
Whereas the Commission and the Member States must also be allowed sufficient time in which to propose amendments to a contemplated measure, in order to remove or reduce any barriers which it might create to the free movement of goods;
Whereas the Commission must also have the option of proposing or adopting a Community directive governing the subject of the national measure contemplated;
Whereas, in the two instances set out above, the Member State in question must, pursuant to the general obligations laid down in Article 5 of the Treaty, defer implementation of the contemplated measure for a period sufficient to allow either a joint examination of the proposed amendments or the preparation of the proposal for a Council Directive or of the Commission Directive ; whereas the time limits laid down in the Agreement of the representatives of the Governments of the Member States meeting within the Council of 28 May 1969 providing for standstill and notification to the Commission (4), as amended by the Agreement of 5 March 1973 (5), have proved inadequate in the cases concerned and should accordingly be extended;
Whereas the procedure concerning the standstill arrangement and notification of the Commission contained in the abovementioned Agreement of 28 May 1969 remains applicable to products subject to that procedure which are not covered by this Directive;
Whereas, in practice, national technical standards may have the same effects on the free movement of goods as technical regulations;
Whereas it would therefore appear necessary to inform the Commission of draft standards under similar conditions to those which apply to technical regulations ; whereas, pursuant to Article 213 of the Treaty, the Commission may, within the limits and under the conditions laid down by the Council in accordance with the provisions of the Treaty, collect any information and carry out any checks required for the performance of the tasks entrusted to it;
Whereas it is also necessary for the Member States and the standards institutions to be informed of standards contemplated by standards institutions in the other Member States; (1) OJ No C 253, 1.10.1980, p. 2. (2) OJ No C 144, 15.6.1981, p. 122. (3) OJ No C 159, 29.6.1981, p. 23. (4) OJ No C 76, 17.6.1969, p. 9. (5) OJ No C 9, 15.3.1973, p. 3.
Whereas it is necessary to set up a Standing Committee, the members of which will be appointed by the Member States with the task of helping the Commission to examine draft national standards and cooperating in its efforts to lessen any adverse effects thereof on the free movement of goods,
Article 1
For the purposes of this Directive, the following meanings shall apply: 1. "technical specification", a specification contained in a document which lays down the characteristics required of a product such as levels of quality, performance, safety or dimensions, including the requirements applicable to the product as regards terminology, symbols, testing and test methods, packaging, marking or labelling;
2. "standard", a technical specification approved by a recognized standardizing body for repeated or continuous application, with which compliance is not compulsory;
3. "standards programme", document listing the subjects for which it is intended to draw up or alter a standard;
4. "draft standard", document containing the text of the technical specifications concerning a given subject, which is being considered for adoption in accordance with the national standards procedure, as that document stands after the preparatory work and as circulated for public comment or scrutiny;
5. "technical regulation", technical specifications, including the relevant administrative provisions, the observance of which is compulsory, de jure or de facto, in the case of marketing or use in a Member State or a major part thereof, except those laid down by local authorities;
6. "draft technical regulation", the text of a technical specification including administrative provisions, formulated with the aim of enacting it or of ultimately having it enacted as a technical regulation, the text being at a stage or preparation at which substantial amendments can still be made;
7. "product", industrially manufactured products other than agricultural products within the meaning of Article 38 (1) of the Treaty, products for human or animal consumption, medicinal products within the meaning of Directive 65/65/EEC (1) and cosmetic products within the meaning of Directive 76/768/EEC (2).
Article 2
1. The Commission and the standards institutions in List 1 annexed hereto shall be informed each year, not later than 31 January, of the standards programmes drawn up by the national institutions in List 2 annexed hereto. This information shall be brought up to date every quarter. The Commission may amend or supplement these lists on the basis of communications from the Member States.
2. Standards programmes shall indicate in particular whether the standard: - will be the transposition in full of an existing international or European standard,
- will be the transposition of an international or European standard incorporating certain national divergences or amendments,
- will be a new national standard,
- will constitute an amendment of a national standard.
After consulting the Committee referred to in Article 5, the Commission may draw up rules for the codified presentation of this information and a plan and criteria for the presentation of standards programmes designed to facilitate their comparison.
3. The Commission shall keep this information at the disposal of the Member States in a form in which the different programmes can be compared.
Article 3
The Commission and the standards institutions shall be informed if one or more standards institutions: (1) OJ No 22, 9.2.1965, p. 369/65. (2) OJ No L 262, 27.9.1976, p. 169. - wish to be involved passively or actively (by sending an observer) in activities planned by other standards institutions,
- wish a European standard or any other document leading to uniform technical specifications to be drawn up.
Article 4
At least every four months the standards institutions referred to in List 1 and the Commission shall receive all new draft standards, except where such standards merely transpose the full text of an international or European standard.
When a draft is communicated it shall be indicated whether the standard will be: - the transposition of an international or European standard incorporating certain national divergences or amendments,
- a new national standard, or
- an amendment of a national standard.
Article 5
A Standing Committee shall be set up consisting of representatives appointed by the Member States who may call on the assistance of experts or advisers ; its chairman shall be a representative of the Commission.
The Committee shall draw up its own rules of procedure.
Article 6
1. The Committee shall meet at least twice a year with the representatives of the standards institutions referred to in List 1.
2. The Commission shall submit to the Committee a report on the implementation and application of the abovementioned procedures and proposals aimed at eliminating existing or foreseeable barriers to trade.
3. The Committee shall express its opinion on the communications and proposals referred to in paragraph 2 and may in this connection propose, in particular, that the Commission: - request the European standards institutions to draw up a European standard within a given time limit,
- ensure where necessary, in order to avoid the risk of barriers to trade, that initially the Member States concerned decide amongst themselves on appropriate measures,
- take all appropriate measures.
4. The Committee must be consulted by the Commission: (a) before any amendment is made to the lists in the Annex (Article 2 (1));
(b) when drawing up the rules for the codified presentation of information and the plan and criteria for the presentation of standards programmes (Article 2 (2));
(c) when deciding on the actual system whereby the exchange of information provided for in this Directive is to be effected and on any change to it;
(d) when reviewing the operation of the system set up by this Directive (Article 11).
5. The Committee may be consulted by the Commission on any preliminary draft technical regulation received by the latter.
6. Any question regarding the implementation of this Directive may be submitted to the Committee at the request of its chairman or of a Member State.
7. The proceedings of the Committee and the information to be submitted to it shall be confidential.
However, the Committee and the national authorities may, provided that the necessary precautions are taken, consult, for an expert opinion, natural or legal persons, including persons in the private sector.
Article 7
1. Member States shall take all appropriate measures to ensure that their standards institutions do not draw up or introduce standards in the field in question while the European standard referred to in the first indent of Article 6 (3) is being drawn up. This undertaking shall lapse unless a European standard has been introduced within six months following expiry of the time limit fixed in accordance with the said indent.
2. Paragraph 1 shall not apply to the work of standards institutions undertaken at the request of the public authorities to draw up technical specifications or a standard for specific products for the purpose of enacting a technical regulation for such products.
Member States shall communicate all requests of the kind referred to in the preceding subparagraph to the Commission as draft technical regulations, in accordance with Article 8 (1), and shall state the grounds for their enactment.
Article 8
1. Member States shall immediately communicate to the Commission any draft technical regulation, except where such technical regulation merely transposes the full text of an international or European standard, in which case information regarding the relevant standard shall suffice ; they shall also let the Commission have a brief statement of the grounds which make the enactment of such a technical regulation necessary, where these are not already made clear in the draft.
The Commission shall immediately notify the other Member States of any draft it has received ; it may also refer this draft to the Committee for its opinion.
2. The Commission and the Member States may make comments to the Member State which has forwarded a draft technical regulation ; that Member State shall take such comments into account as far as possible in the subsequent preparation of the technical regulation.
3. At the express request of a Member State or the Commission, Member States shall communicate to them, without delay, the definitive text of a technical regulation.
4. The information supplied under this Article shall be confidential.
However, the Committee and the national authorities may, provided that the necessary precautions are taken, consult, for an expert opinion, natural or legal persons, including persons in the private sector.
Article 9
1. Without prejudice to paragraph 2, Member States shall postpone the adoption of a draft technical regulation for six months from the date of the notification referred to in Article 8 (1) if the Commission or another Member State delivers a detailed opinion, within three months of that date, to the effect that the measure envisaged must be amended in order to eliminate or reduce any barriers which it might create to the free movement of goods.
2. The period in paragraph 1 shall be 12 months if, within three months following the notification referred to in Article 8 (1), the Commission gives notice of its intention of proposing or adopting a Directive on the subject.
3. Paragraphs 1 and 2 shall not apply in those cases where, for urgent reasons relating to the protection of public health or safety, a Member State is obliged to prepare technical regulations in a very short space of time in order to enact and introduce them immediately without any consultations being possible. In such cases the Member State in question shall in the notification provided for in Article 8 state the grounds warranting the urgent adoption of the measures.
Article 10
Articles 8 and 9 shall not apply where Member States honour their obligations arising out of Community Directives or commitments arising out of an international agreement where they result in the adoption of uniform technical specifications in the Community.
Article 11
No later than four years following the date of notification of this Directive the Commission, in close cooperation with the Committee referred to in Article 5, shall review the operation of the procedures laid down in this Directive and, if need be, submit any relevant proposals for amending them.
Article 12
1. Member States shall bring into force the measures necessary in order to comply with this Directive within 12 months following its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field governed by this Directive are communicated to the Commission.
Article 13
This Directive is addressed to the Member States. | [
"UKSI19912246"
] |
31983L0128 | 1983 | Council Directive 83/128/EEC of 28 March 1983 amending Directive 76/764/EEC on the approximation of the laws of the Member States on clinical mercury-in-glass, maximum- reading thermometers
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (3) laid down the procedure for EEC pattern approval and EEC initial verification;
Whereas Directive 76/764/EEC (4) makes provision for clinical mercury-in-glass, maximum-reading thermometers to be subject only to EEC initial verification;
Whereas, since the adoption of Directive 76/764/EEC, new techniques have been developed in the field of the said thermometers; whereas these techniques make additional examinations necessary for the purpose of determining the quality of the glass used; whereas it is therefore necessary to make provision for EEC pattern approval for this category of measuring instruments and to amend Directive 76/764/EEC accordingly;
Whereas it is also advisable for the Commission to adapt to technical progress the Annexes to Directive 76/764/EEC in accordance with the procedure laid down in Article 19 of Directive 71/316/EEC,
Article 1
Articles 2 and 3 of Directive 76/764/EEC shall be replaced by the following:
'Article 2
The clinical mercury-in-glass, maximum-reading thermometers eligible to bear the EEC marks and signs shall be those described in the Annexes. They shall be subject to EEC pattern approval and EEC initial verification.
Article 3
No Member State may prevent, prohibit or restrict the placing on the market or entry into use of clinical mercury-in-glass, maximum-reading thermometers bearing the EEC pattern approval sign and the EEC initial verification mark.'
Article 2
1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive so that these provisions take effect on the same date as the Directive adapting to technical progress, for the first time, the Annexes to Directive 76/764/EEC. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive is addressed to the Member States. | [
"UKSI19932360"
] |
31983L0229 | 1983 | Council Directive 83/229/EEC of 25 April 1983 on the approximation of the laws of the Member States relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to Council Directive 76/893/EEC of 23 November 1976 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs (1), and in particular Article 3 thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee (4),
Whereas Article 2 of Directive 76/893/EEC lays down that materials and articles must not transfer their constituents to foodstuffs in quantites which could endanger human health or bring about an unacceptable change in the composition of the foodstuffs;
Whereas, in order to achieve this objective in the case of regenerated cellulose film, a suitable instrument is a specific Directive within the meaning of Article 3 of Directive 76/893/EEC, the general provisions of which are also applicable to the case in question;
Whereas synthetic casings of regenerated cellulose should be the subject of specific provisions;
Whereas the method for determining the absence of migration of colouring matters should be established at a later stage;
Whereas, until criteria of purity and methods of analysis have been drawn up, national provisions will remain in force;
Whereas the establishment of a list of approved substances, accompanied by maximum percentage levels of the quantities to be used, will be sufficient in this specific case to achieve the objective laid down in Article 2 of Directive 76/893/EEC;
Whereas, to protect the health of the consumer, direct contact between foodstuffs and the printed surfaces of regenerated cellulose film should be avoided;
Whereas certain difficulties inherent in the interpretation of the scientific data as regards phthalates do not allow the Council to take a definitive decision at present;
Whereas fixing the procedure for the determination of possible migration in or on foodstuffs of colouring matters used in the manufacture of regenerated cellulose film is an implementing measure of a technical nature and therefore, in order to simplify and accelerate the procedure, this should be the responsibility of the Commission;
Whereas, in all cases in which the Council confers on the Commission authority to implement the rules relating to materials and articles intended to come into contact with foodstuffs, a procedure should be laid down establishing close cooperation between Member States and the Commission within the Standing Committee for Foodstuffs set up under Council Decision 69/414/EEC (1),
Article 1
1. This Directive is a specific Directive within the meaning of Article 3 of Directive 76/893/EEC.
2. This Directive applies to regenerated cellulose film within the meaning of the description given in Annex I which either:
(a) constitutes a finished product in itself; or
(b) is a part of a finished product containing other materials and which is intended to or, in accordance with its purpose, does come into contact with foodstuffs.
3. This Directive does not apply to:
(a) regenerated cellulose film which, on the side intended to or, which in accordance with its purpose does come into contact with foodstuffs, has a coating exceeding 50 mg/dm2;
(b) synthetic casings of regenerated cellulose.
Article 2
1. Only those substances or groups of substances listed in Annex II may be used for the manufacture of regenerated cellulose film and only under the conditions laid lown therein.
2. By way of derogation from paragraph 1, substances other than those listed in Annex II may be used when these substances are employed as colouring matter (dyes and pigments) or as adhesives, provided that there is no trace of migration of the substances into or onto foodstuffs, detectable by a method which shall be determined in accordance with the procedure laid down in Article 10 of Directive 76/893/EEC.
Article 3
Printed surfaces of regenerated cellulose film shall not come into contact with the foodstuff.
Article 4
1. Member States shall make such amendments to their laws, regulations and administrative provisions as may be necessary in order to comply with the provisions of this Directive and shall forthwith inform the Commission thereof. The laws so amended shall be applied in such a manner that:
- the marketing of regenerated cellulose film complying with the provisions of this Directive is authorized with effect from 1 January 1985 at the latest,
- the marketing of regenerated cellulose film not complying with the provisions of this Directive is prohibited with effect from 1 January 1986.
2. However, the Member States may refuse authorization for the use of the substances listed below in the manufacture of regenerated cellulose film intended to come into contact or coming into contact, in accordance with their purpose, with foodstuffs containing fat, in so far as those substances may migrate into that fat:
- butylbenzylphthalate,
- butyl-methylcarboxybutyl-phthalate
[= butylphthalyl butyl glycolate],
- di-n-butyl and di-isobutyl phthalate,
- dicyclohexyl phthalate,
- di(methyl-cyclohexyl phthalate and its isomers [= sextolphthalate],
- methyl-methylcarboxyethyl phthalate [= methylphthalyl ethyl glycolate].
By 1 July 1986 the Council shall, in accordance with Article 100 of the Treaty, decide on subsequent arrangements for these substances.
Article 5
This Directive is addressed to the Member States. | [
"UKSI19871523"
] |
31983L0350 | 1983 | Council Directive 83/350/EEC of 13 June 1983 on the supervision of credit institutions on a consolidated basis
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 57 ( 2 ) THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,
WHEREAS FIRST COUNCIL DIRECTIVE 77/780/EEC OF 12 DECEMBER 1977 ON THE COORDINATION OF LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO THE TAKING UP AND PURSUIT OF THE BUSINESS OF CREDIT INSTITUTIONS ( 4 ) STATES THAT , IN ORDER TO MAKE IT EASIER TO TAKE UP AND PURSUE SUCH BUSINESS , IT IS NECESSARY TO ELIMINATE THE MOST OBSTRUCTIVE DIFFERENCES BETWEEN THE LAWS OF THE MEMBER STATES AS REGARDS THE RULES TO WHICH THESE INSTITUTIONS ARE SUBJECT ;
WHEREAS THE EVENTUAL AIM IS TO PROVIDE FOR OVERALL SUPERVISION OF A CREDIT INSTITUTION OPERATING IN SEVERAL MEMBER STATES BY THE COMPETENT AUTHORITIES IN THE MEMBER STATE WHERE IT HAS ITS HEAD OFFICE , IN CONSULTATION , WHERE APPROPRIATE , WITH THE COMPETENT AUTHORITIES OF THE OTHER MEMBER STATES CONCERNED , SO THAT DISTORTION OF COMPETITION BETWEEN SUCH CREDIT INSTITUTIONS AND THE DOMESTIC CREDIT INSTITUTIONS OF THEIR HOST COUNTRIES IS AVOIDED ; WHEREAS , TO THAT END , CONTROLS AND SUPERVISORY PRACTICES APPLICABLE TO CREDIT INSTITUTIONS OPERATING WITHIN THE COMMUNITY MUST BE BROADLY SIMILAR FROM ONE MEMBER STATE TO ANOTHER ;
WHEREAS THIS OBJECTIVE CAN ONLY BE ATTAINED BY STAGES ; WHEREAS ESTABLISHMENT OF THE PRINCIPLE OF SUPERVISION ON A CONSOLIDATED BASIS IS ONE SUCH STAGE ;
WHEREAS , HOWEVER , THIS DIRECTIVE WILL NOT PRECLUDE SUPERVISION OF INDIVIDUAL CREDIT INSTITUTIONS BY THE COMPETENT AUTHORITIES OF THE HOST MEMBER STATE ;
WHEREAS SUPERVISION ON A CONSOLIDATED BASIS SHOULD ENABLE THE AUTHORITIES SUPERVISING A PARENT CREDIT INSTITUTION TO MAKE A MORE SOUNDLY BASED JUDGMENT ABOUT THE FINANCIAL SITUATION OF THAT CREDIT INSTITUTION ;
WHEREAS THIS DIRECTIVE IS CONCERNED SOLELY WITH CASES WHERE ONE CREDIT OR FINANCIAL INSTITUTION IS OWNED WHOLLY OR IN PART BY ANOTHER CREDIT INSTITUTION ;
WHEREAS THE PRINCIPLE OF SUPERVISION ON A CONSOLIDATED BASIS IS BROADLY ACCEPTED ; WHEREAS MEMBER STATES WILL THEREFORE SEEK TO CONCLUDE BILATERAL AGREEMENTS WITH NON-MEMBER COUNTRIES DESIGNED TO ENSURE THAT CREDIT INSTITUTIONS IN SUCH COUNTRIES WITH PARTICIPATIONS IN THE COMMUNITY ARE SUBJECT TO EQUIVALENT SUPERVISION AND THAT CREDIT INSTITUTIONS FROM THE COMMUNITY WITH HOLDINGS IN NON-MEMBER COUNTRIES ARE ABLE TO APPLY THE PRINCIPLES LAID DOWN IN THIS DIRECTIVE ;
WHEREAS , PENDING COORDINATION OF CONSOLIDATED ACCOUNTS AND PRUDENTIAL RETURNS , IT IS NOT POSSIBLE TO IMPLEMENT CONSOLIDATED SUPERVISION ON A CONSISTENT BASIS IN ALL MEMBER STATES ; WHEREAS THIS DIRECTIVE REPRESENTS A FIRST STAGE DESIGNED TO ESTABLISH THE PRINCIPLE OF SUPERVISION ON A CONSOLIDATED BASIS AND TO ELIMINATE THE OBSTACLES WHICH HAVE HITHERTO PREVENTED MEMBER STATES FROM APPLYING THE PRINCIPLE ON A UNILATERAL BASIS FOR TRANSACTIONS THROUGHOUT THE COMMUNITY ;
WHEREAS , PENDING FURTHER COORDINATION , THE PROCESS OF CONSOLIDATION WILL BE UNDERTAKEN BY MEMBER STATES ACCORDING TO THEIR NATIONAL PROCEDURES ;
WHEREAS THIS DIRECTIVE IS WITHOUT PREJUDICE TO THE POSSIBILITY OF A MEMBER STATE INTRODUCING A MORE STRINGENT SYSTEM OF SUPERVISION FOR CREDIT INSTITUTIONS , IN PARTICULAR ONE MAKING CONSOLIDATION COMPULSORY IN OTHER CASES ;
WHEREAS , ALTHOUGH FINANCIAL INSTITUTIONS AS DEFINED HEREINAFTER ARE NOT COVERED BY EITHER DIRECTIVE 77/780/EEC OR THIS DIRECTIVE , THEIR INCLUSION IN THE CONSOLIDATION PROCEDURE IS NECESSARY IN ORDER TO ENSURE COMPLETE CONSOLIDATION OF ALL THE CREDIT ACTIVITIES WITHIN A GROUP ,
ARTICLE 1
DEFINITIONS
FOR THE PURPOSES OF THIS DIRECTIVE :
- " CREDIT INSTITUTION " MEANS , IN ACCORDANCE WITH THE FIRST INDENT OF ARTICLE 1 OF DIRECTIVE 77/780/EEC , AN UNDERTAKING WHOSE BUSINESS IS TO RECEIVE DEPOSITS OR OTHER REPAYABLE FUNDS FROM THE PUBLIC AND TO GRANT CREDITS FOR ITS OWN ACCOUNT ,
- " FINANCIAL INSTITUTION " MEANS AN UNDERTAKING , NOT BEING A CREDIT INSTITUTION , WHOSE PRINCIPAL ACTIVITY IS TO GRANT CREDIT FACILITIES ( INCLUDING GUARANTEES ) , TO ACQUIRE PARTICIPATIONS OR TO MAKE INVESTMENTS ,
- " PARTICIPATION " MEANS THE OWNERSHIP BY A CREDIT INSTITUTION , DIRECTLY OR INDIRECTLY , OF 25 % OR MORE OF THE CAPITAL OF ANOTHER CREDIT OR FINANCIAL INSTITUTION ,
- " SUPERVISION " , PENDING SUBSEQUENT COORDINATION , MEANS THE TECHNIQUES , IN WHATEVER FORM AND HOWEVER IMPLEMENTED , EMPLOYED BY THE COMPETENT AUTHORITIES IN EACH MEMBER STATE IN ORDER TO MONITOR PRUDENTIAL ASPECTS OF A CREDIT INSTITUTION'S BUSINESS ,
- " COMPETENT AUTHORITIES " MEANS THE NATIONAL AUTHORITIES WHICH ARE EMPOWERED BY LAW OR REGULATION TO SUPERVISE CREDIT INSTITUTIONS .
ARTICLE 2
SCOPE
1 . SUBJECT TO ARTICLE 3 ( 2 ) , THIS DIRECTIVE SHALL APPLY TO ALL CREDIT INSTITUTIONS .
2 . THE INSTITUTIONS EXEMPTED FROM THE PROVISIONS OF DIRECTIVE 77/780/EEC AND LISTED IN ARTICLE 2 THEREOF SHALL BE EXEMPTED FROM THIS DIRECTIVE .
3 . MEMBER STATES MAY DEFER THE APPLICATION OF THIS DIRECTIVE TO CERTAIN INSTITUTIONS FOR A MAXIMUM PERIOD OF FIVE YEARS FROM THE DATE OF ITS NOTIFICATION . SUCH DEFERMENT SHALL BE GOVERNED BY ARTICLE 2 ( 5 ) AND BY THE SECOND SUBPARAGRAPH OF ARTICLE 2 ( 6 ) OF DIRECTIVE 77/780/EEC .
ARTICLE 3
GENERAL PRINCIPLES
1 . ANY CREDIT INSTITUTION WHICH HAS A PARTICIPATION IN ANOTHER CREDIT OR FINANCIAL INSTITUTION SHALL BE SUBJECT , TO THE EXTENT AND IN THE MANNER REQUIRED BY ARTICLE 4 , TO SUPERVISION ON THE BASIS OF THE CONSOLIDATION OF ITS FINANCIAL SITUATION WITH THAT OF THE INSTITUTION IN WHICH IT HAS SUCH PARTICIPATION .
2 . HOWEVER , MEMBER STATES OR THE COMPETENT AUTHORITIES MAY FORGO SUPERVISION ON A CONSOLIDATED BASIS :
- IF AT LEAST 75 % OF THE ACTIVITIES OF THE CREDIT INSTITUTION WHICH HAS THE PARTICIPATION ARE ALREADY CONSOLIDATED WITH THOSE OF ANOTHER CREDIT INSTITUTION WHICH IS ITSELF SUBJECT TO SUPERVISION ON A CONSOLIDATED BASIS BY THE COMPETENT AUTHORITIES OF ONE OF THE MEMBER STATES AND THE CREDIT INSTITUTION IN WHICH IT HAS THE PARTICIPATION IS INCLUDED IN THIS SUPERVISION ON A CONSOLIDATED BASIS , OR
- IF THE CREDIT INSTITUTION OR FINANCIAL INSTITUTION IN WHICH THERE IS A PARTICIPATION IS SITUATED IN A NON-MEMBER COUNTRY WHERE THERE ARE LEGAL IMPEDIMENTS TO THE TRANSFER OF THE NECESSARY INFORMATION , OR
- IF THE TOTAL BALANCE SHEET OF THE CREDIT OR FINANCIAL INSTITUTION IN WHICH THERE IS A PARTICIPATION REPRESENTS LESS THAN THE LESSER OF THE FOLLOWING TWO AMOUNTS : 2 % OF THE TOTAL BALANCE SHEET OF THE CREDIT INSTITUTION WHICH HAS THE PARTICIPATION OR 10 MILLION ECU , OR
- IF THE NATURE OF THE BUSINESS OF THE CREDIT INSTITUTION OR FINANCIAL INSTITUTION IN WHICH THERE IS A PARTICIPATION IS SUCH THAT , IN THE OPINION OF THE MEMBER STATE CONCERNED OR THE COMPETENT AUTHORITIES FOR THE CREDIT INSTITUTION WHICH HAS THE PARTICIPATION , CONSOLIDATION OF ITS FINANCIAL SITUATION WOULD BE INAPPROPRIATE OR MISLEADING .
3 . SUPERVISION ON A CONSOLIDATED BASIS SHALL BE EXERCISED BY THE COMPETENT AUTHORITIES OF THE COUNTRY IN WHICH THE CREDIT INSTITUTION WHICH HAS THE PARTICIPATION HAS ITS HEAD OFFICE AND , PENDING SUBSEQUENT COORDINATION , AND EXCEPT AS OTHERWISE PROVIDED IN THIS DIRECTIVE , SUPERVISION SHALL BE CARRIED OUT ACCORDING TO THE NATIONAL PROCEDURE APPLICABLE IN THAT COUNTRY .
4 . SUCH SUPERVISION SHALL TAKE PLACE AT LEAST ONCE A YEAR AND SHALL BE WITHOUT PREJUDICE TO SUPERVISION ON AN UNCONSOLIDATED BASIS OR TO SUPERVISION CARRIED OUT BY THE COMPETENT AUTHORITIES OF OTHER MEMBER STATES .
ARTICLE 4
FORM AND EXTENT OF CONSOLIDATION
1 . WHERE A CREDIT INSTITUTION HAS A PARTICIPATION OF MORE THAN 50 % IN ANOTHER CREDIT INSTITUTION OR FINANCIAL INSTITUTION , THE RELEVANT MEMBER STATE OR THE COMPETENT AUTHORITIES FOR THAT CREDIT INSTITUTION SHALL , FOR THE PURPOSES OF SUPERVISION , REQUIRE EITHER FULL OR PRO RATA CONSOLIDATION OF THE FINANCIAL SITUATION OF THE INSTITUTIONS CONCERNED .
2 . WHERE A CREDIT INSTITUTION HAS A PARTICIPATION OF 50 % OR LESS IN ANOTHER CREDIT OR FINANCIAL INSTITUTION AND , IN THE OPINION OF THE COMPETENT AUTHORITIES FOR THAT CREDIT INSTITUTION , A SITUATION OF EFFECTIVE CONTROL EXISTS , IT SHALL BE FOR THE RELEVANT MEMBER STATE OR COMPETENT AUTHORITIES TO DETERMINE THE METHOD OF CONSOLIDATION . PENDING FURTHER COORDINATION , HOWEVER , THE COMPETENT AUTHORITIES IN THE MEMBER STATE IN WHICH THE CREDIT INSTITUTION HAS ITS HEAD OFFICE AND THE COMPETENT AUTHORITIES FOR THE CREDIT OR FINANCIAL INSTITUTION IN WHICH IT HAS THE PARTICIPATION MAY AGREE THAT CONSOLIDATION OF SUCH A PARTICIPATION IS NOT REQUIRED IN SPECIFIED CASES .
3 . WHERE A CREDIT INSTITUTION HAS A PARTICIPATION OF 50 % OR LESS IN ANOTHER CREDIT INSTITUTION OR IN A FINANCIAL INSTITUTION , AND A SITUATION OF EFFECTIVE CONTROL DOES NOT EXIST , IT SHALL BE FOR THE RELEVANT MEMBER STATE OR COMPETENT AUTHORITIES FOR THAT CREDIT INSTITUTION TO DETERMINE WHETHER AND HOW CONSOLIDATION IS TO BE EFFECTED . BEFORE EFFECTING SUCH CONSOLIDATION , THESE AUTHORITIES MUST INFORM THE COMPETENT AUTHORITIES FOR THE CREDIT OR FINANCIAL INSTITUTION IN WHICH THERE IS A PARTICIPATION .
ARTICLE 5
FACILITATING MEASURES
1 . MEMBER STATES SHALL ENSURE THAT THERE ARE NO LEGAL IMPEDIMENTS PREVENTING ANY CREDIT OR FINANCIAL INSTITUTION FROM SUPPLYING TO A CREDIT INSTITUTION WHICH HAS A PARTICIPATION IN IT INFORMATION WHICH IS NECESSARY FOR SUPERVISION ON A CONSOLIDATED BASIS TO BE EFFECTED IN ACCORDANCE WITH THIS DIRECTIVE .
2 . MEMBER STATES SHALL PERMIT THE EXCHANGE BETWEEN THEIR COMPETENT AUTHORITIES OF THE INFORMATION NECESSARY FOR SUPERVISION ON A CONSOLIDATED BASIS TO BE EFFECTED IN ACCORDANCE WITH THIS DIRECTIVE , IT BEING UNDERSTOOD THAT , IN THE CASE OF FINANCIAL INSTITUTIONS , THE COLLECTION OR POSSESSION OF INFORMATION SHALL NOT IN ANY WAY IMPLY THAT A SUPERVISORY FUNCTION IS BEING EXERCISED OVER THOSE FINANCIAL INSTITUTIONS BY THE COMPETENT AUTHORITIES .
3 . ANY EXCHANGE OF INFORMATION BETWEEN COMPETENT AUTHORITIES WHICH IS PROVIDED FOR IN THIS DIRECTIVE SHALL BE SUBJECT TO THE OBLIGATION OF PROFESSIONAL SECRECY AS SET OUT IN ARTICLE 12 OF DIRECTIVE 77/780/EEC ; ANY SUCH INFORMATION SHALL BE USED EXCLUSIVELY FOR THE PURPOSES OF THE SUPERVISION ON A CONSOLIDATED BASIS LAID DOWN IN THIS DIRECTIVE .
4 . IF , IN APPLYING THIS DIRECTIVE TO A CREDIT INSTITUTION , THE COMPETENT AUTHORITIES OF ONE MEMBER STATE WISH IN SPECIFIC CASES TO VERIFY THE INFORMATION CONCERNING A CREDIT OR FINANCIAL INSTITUTION IN ANOTHER MEMBER STATE , THEY MUST ASK THE COMPETENT AUTHORITIES OF THAT OTHER MEMBER STATE FOR THIS VERIFICATION TO BE CARRIED OUT . THE AUTHORITIES WHICH HAVE RECEIVED THE REQUEST MUST , WITHIN THE FRAMEWORK OF THEIR COMPETENCE , ACT UPON IT EITHER BY CARRYING OUT THE VERIFICATION THEMSELVES , OR BY ALLOWING THE AUTHORITIES WHO MADE THE REQUEST TO CARRY IT OUT , OR BY ALLOWING AN AUDITOR OR EXPERT TO CARRY IT OUT .
ARTICLE 6
NON-MEMBER COUNTRIES
1 . APPLICATION OF THE PRINCIPLE OF SUPERVISION ON A CONSOLIDATED BASIS TO CREDIT INSTITUTIONS WHOSE PARENT COMPANIES HAVE THEIR HEAD OFFICES IN NON-MEMBER COUNTRIES AND TO CREDIT INSTITUTIONS SITUATED IN NON-MEMBER COUNTRIES AND WHOSE PARENT CREDIT INSTITUTIONS HAVE A HEAD OFFICE IN THE COMMUNITY SHOULD BE THE SUBJECT OF BILATERAL AGREEMENTS , ON THE BASIS OF RECIPROCITY , BETWEEN THE COMPETENT AUTHORITIES OF THE MEMBER STATES AND THE NON-MEMBER COUNTRIES CONCERNED . SUCH AGREEMENTS SHALL SEEK TO ENSURE THAT MEMBER STATES' COMPETENT AUTHORITIES ARE ABLE TO OBTAIN THE NECESSARY INFORMATION TO ENABLE A CREDIT INSTITUTION WITHIN THE COMMUNITY , WITH PARTICIPATIONS IN CREDIT INSTITUTIONS OR FINANCIAL INSTITUTIONS OUTSIDE THE COMMUNITY , TO BE SUPERVISED ON A CONSOLIDATED BASIS AND THAT THE COMPETENT AUTHORITIES IN NON-MEMBER COUNTRIES ARE ABLE TO OBTAIN THE INFORMATION NECESSARY TO ENABLE PARENT COMPANIES HAVING HEAD OFFICES WITHIN THEIR TERRITORY WHICH HAVE PARTICIPATIONS IN CREDIT INSTITUTIONS SITUATED IN ONE OR MORE MEMBER STATES TO BE SUPERVISED .
2 . THE COMMISSION AND THE ADVISORY COMMITTEE SET UP UNDER ARTICLE 11 OF DIRECTIVE 77/780/EEC SHALL BE KEPT INFORMED OF SUCH STEPS AS MAY BE TAKEN IN THIS CONTEXT , AND THE COMMISSION SHALL UNDERTAKE COORDINATION OF THE ABOVE AGREEMENTS .
FINAL PROVISIONS
ARTICLE 7
1 . MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE NOT LATER THAN 1 JULY 1985 . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .
2 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION THE TEXTS OF THE MAIN LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS WHICH THEY ADOPT IN THE FIELD COVERED BY THIS DIRECTIVE .
ARTICLE 8
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES . | [
"UKPGA19790037"
] |
31983L0349 | 1983 | Seventh Council Directive 83/349/EEC of 13 June 1983 based on the Article 54 (3) (g) of the Treaty on consolidated accounts
Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (3) (g) thereof,
Having regard to the proposal from the Commission [1],
Having regard to the opinion of the European Parliament [2],
Having regard to the opinion of the Economic and Social Committee [3],
Whereas on 25 July 1978 the Council adopted Directive 78/660/EEC [4] on the coordination of national legislation governing the annual accounts of certain types of companies; whereas many companies are members of bodies of undertakings; whereas consolidated accounts must be drawn up so that financial information concerning such bodies of undertakings may be conveyed to members and third parties; whereas national legislation governing consolidated accounts must therefore be coordinated in order to achieve the objectives of comparability and equivalence in the information which companies must publish within the Community;
Whereas on 25 July 1978 the Council adopted Directive 78/660/EEC [5] on the coordination of national which the power of control is based on a majority of voting rights but also of those in which it is based on agreements, where these are permitted; whereas, furthermore, Member States in which the possibility occurs must be permitted to cover cases in which in certain circumstances control has been effectively exercised on the basis of a minority holding; whereas the Member States must be permitted to cover the case of bodies of undertakings in which the undertakings exist on an equal footing with each other;
Whereas the aim of coordinating the legislation governing consolidated accounts is to protect the interests subsisting in companies with share capital; whereas such protection implies the principle of the preparation of consolidated accounts where such a company is a member of a body of undertakings, and that such accounts must be drawn up at least where such a company is a parent undertaking; whereas, furthermore, the cause of full information also requires that a subsidiary undertaking which is itself a parent undertaking draw up consolidated accounts; whereas, nevertheless, such a parent undertaking may, and, in certain circumstances, must be exempted from the obligation to draw up such consolidated accounts provided that its members and third parties are sufficiently protected;
Whereas, for bodies of undertakings not exceeding a certain size, exemption from the obligation to prepare consolidated accounts may be justified; whereas, accordingly, maximum limits must be set for such exemptions; whereas it follows therefrom that the Member States may either provide that it is sufficient to exceed the limit of one only of the three criteria for the exemption not to apply or adopt limits lower than those prescribed in the Directive;
Whereas consolidated accounts must give a true and fair view of the assets and liabilities, the financial position and the profit and loss of all the undertakings consolidated taken as a whole; whereas, therefore, consolidation should in principle include all of those undertakings; whereas such consolidation requires the full incorporation of the assets and liabilities and of the income and expenditure of those undertakings and the separate disclosure of the interests of persons outwith such bodies; whereas, however, the necessary corrections must be made to eliminate the effects of the financial relations between the undertakings consolidated;
Whereas a number of principles relating to the preparation of consolidated accounts and valuation in the context of such accounts must be laid down in order to ensure that items are disclosed consistently, and may readily be compared not only as regards the methods used in their valuation but also as regards the periods covered by the accounts;
Whereas participating interests in the capital of undertakings over which undertakings included in a consolidation exercise significant influence must be included in consolidated accounts by means of the equity method;
Whereas the notes on consolidated accounts must give details of the undertakings to be consolidated;
Whereas certain derogations originally provided for on a transitional basis in Directive 78/660/EEC may be continued subject to review at a later date,
SECTION 1
Conditions for the preparation of consolidated accounts
Article 1
1. A Member State shall require any undertaking governed by its national law to draw up consolidated accounts and a consolidated annual report if that undertaking (a parent undertaking):
(a) has a majority of the shareholders' or members' voting rights in another undertaking (a subsidiary undertaking); or
(b) has the right to appoint or remove a majority of the members of the administrative, management or supervisory body of another undertaking (a subsidiary undertaking) and is at the same time a shareholder in or member of that undertaking; or
(c) has the right to exercise a dominant influence over an undertaking (a subsidiary undertaking) of which it is a shareholder or member, pursuant to a contract entered into with that undertaking or to a provision in its memorandum or articles of association, where the law governing that subsidiary undertaking permits its being subject to such contracts or provisions. A Member State need not prescribe that a parent undertaking must be a shareholder in or member of its subsidiary undertaking. Those Member States the laws of which do not provide for such contracts or clauses shall not be required to apply this provision; or
(d) is a shareholder in or member of an undertaking, and:
(aa) a majority of the members of the administrative, management or supervisory bodies of that undertaking (a subsidiary undertaking) who have held office during the financial year, during the preceding financial year and up to the time when the consolidated accounts are drawn up, have been appointed solely as a result of the exercise of its voting rights; or
(bb) controls alone, pursuant to an agreement with other shareholders in or members of that undertaking (a subsidiary undertaking), a majority of shareholders' or members' voting rights in that undertaking. The Member States may introduce more detailed provisions concerning the form and contents of such agreements.
The Member States shall prescribe at least the arrangements referred to in (bb) above.
They may make the application of (aa) above dependent upon the holding's representing 20 % or more of the shareholders' or members' voting rights.
However, (aa) above shall not apply where another undertaking has the rights referred to in subparagraphs (a), (b) or (c) above with regard to that subsidiary undertaking.
2. Apart from the cases mentioned in paragraph 1 above and pending subsequent coordination, the Member States may require any undertaking governed by their national law to draw up consolidated accounts and a consolidated annual report if that undertaking (a parent undertaking) holds a participating interest as defined in Article 17 of Directive 78/660/EEC in another undertaking (a subsidiary undertaking), and:
(a) it actually exercises a dominant influence over it; or
(b) it and the subsidiary undertaking are managed on a unified basis by the parent undertaking.
Article 2
1. For the purposes of Article 1 (1) (a), (b) and (d), the voting rights and the rights of appointment and removal of any other subsidiary undertaking as well as those of any person acting in his own name but on behalf of the parent undertaking or of another subsidiary undertaking must be added to those of the parent undertaking.
2. For the purposes of Article 1 (1) (a), (b) and (d), the rights mentioned in paragraph 1 above must be reduced by the rights:
(a) attaching to shares held on behalf of a person who is neither the parent undertaking nor a subsidiary thereof; or
(b) attaching to shares held by way of security, provided that the rights in question are exercised in accordance with the instructions received, or held in connection with the granting of loans as part of normal business activities, provided that the voting rights are exercised in the interests of the person providing the security.
3. For the purposes of Article 1 (1) (a) and (c), the total of the shareholders' or members' voting rights in the subsidiary undertaking must be reduced by the voting rights attaching to the shares held by that undertaking itself by a subsidiary undertaking of that undertaking or by a person acting in his own name but on behalf of those undertakings.
Article 3
1. Without prejudice to Articles 13, 14 and 15, a parent undertaking and all of its subsidiary undertakings shall be undertakings to be consolidated regardless of where the registered offices of such subsidiary undertakings are situated.
2. For the purposes of paragraph 1 above, any subsidiary undertaking of a subsidiary undertaking shall be considered a subsidiary undertaking of the parent undertaking which is the parent of the undertakings to be consolidated.
Article 4
1. For the purposes of this Directive, a parent undertaking and all of its subsidiary undertakings shall be undertakings to be consolidated where either the parent undertaking or one or more subsidiary undertakings is established as one of the following types of company:
(a) in Germany:
die Aktiengesellschaft, die Kommanditgesellschaft auf Aktien, die Gesellschaft mit beschränkter Haftung;
(b) in Belgium:
la société anonyme / de naamloze vennootschap
— la société en commandite par actions / de commanditaire vennootschap op aandelen
— la société de personnes à responsabilité limitée / de personenvennootschap met beperkte aansprakelijkheid;
(c) in Denmark:
aktieselskaber, kommanditaktieselskaber, anpartsselskaber;
(d) in France:
la société anonyme, la société en commandite par actions, la société à responsabilité limitée;
(e) in Greece:
η ανώνυμη εταιρία, η εταιρία περιορισμένης ευθύνης, η ετερόρρυθμη κατά μετοχές εταιρία;
(f) in Ireland:
public companies limited by shares or by guarantee, private companies limited by shares or by guarantee;
(g) in Italy:
la società per azioni, la società in accomandita per azioni, la società a responsabilità limitata;
(h) in Luxembourg:
la société anonyme, la société en commandite par actions, la société à responsabilité limitée;
(i) in the Netherlands:
de naamloze vennootschap, de besloten vennootschap met beperkte aansprakelijkheid;
(j) in the United Kingdom:
public companies limited by shares or by guarantee, private companies limited by shares or by guarantee.
2. A Member State may, however, grant exemption from the obligation imposed in Article 1 (1) where the parent undertaking is not established as one of the types of company listed in paragraph 1 above.
Article 5
1. A Member State may grant exemption from the obligation imposed in Article 1 (1) where the parent undertaking is a financial holding company as defined in Article 5 (3) of Directive 78/660/EEC, and:
(a) it has not intervened during the financial year, directly or indirectly, in the management of a subsidiary undertaking;
(b) it has not exercised the voting rights attaching to its participating interest in respect of the appointment of a member of a subsidiary undertaking's administrative, management or supervisory bodies during the financial year or the five preceding financial years or, where the exercise of voting rights was necessary for the operation of the administrative, management or supervisory bodies of the subsidiary undertaking, no shareholder in or member of the parent undertaking with majority voting rights or member of the administrative, management or supervisory bodies of that undertaking or of a member thereof with majority voting rights is a member of the administrative, management or supervisory bodies of the subsidiary undertaking and the members of those bodies so appointed have fulfilled their functions without any interference or influence on the part of the parent undertaking or of any of its subsidiary undertakings;
(c) it has made loans only to undertakings in which it holds participating interests. Where such loans have been made to other parties, they must have been repaid by the end of the previous financial year; and
(d) the exemption is granted by an administrative authority after fulfilment of the above conditions has been checked.
2. (a) Where a financial holding company has been exempted, Article 43 (2) of Directive 78/660/EEC shall not apply to its annual accounts with respect to any majority holdings in subsidiary undertakings as from the date provided for in Article 49 (2).
(b) The disclosures in respect of such majority holdings provided for in point 2 of Article 43 (1) of Directive 78/660/EEC may be omitted when their nature is such that they would be seriously prejudicial to the company, to its shareholders or members or to one of its subsidiaries. A Member State may make such omissions subject to prior administrative or judicial authorization. Any such omission must be disclosed in the notes on the accounts.
Article 6
1. Without prejudice to Articles 4 (2) and 5, a Member State may provide for an exemption from the obligation imposed in Article 1 (1) if as at the balance sheet date of a parent undertaking the undertakings to be consolidated do not together, on the basis of their latest annual accounts, exceed the limits of two of the three criteria laid down in Article 27 of Directive 78/660/EEC.
2. A Member State may require or permit that the set-off referred to in Article 19 (1) and the elimination referred to in Article 26 (1) (a) and (b) be not effected when the aforementioned limits are calculated. In that case, the limits for the balance sheet total and net turnover criteria shall be increased by 20 %.
3. Article 12 of Directive 78/660/EEC shall apply to the above criteria.
4. This Article shall not apply where one of the undertakings to be consolidated is a company the securities of which have been admitted to official listing on a stock exchange established in a Member State.
5. For 10 years after the date referred to in Article 49 (2), the Member States may multiply the criteria expressed in ECU by up to 2,5 and may increase the average number of persons employed during the financial year to a maximum of 500.
Article 7
1. Notwithstanding Articles 4 (2), 5 and 6, a Member State shall exempt from the obligation imposed in Article 1 (1) any parent undertaking governed by its national law which is also a subsidiary undertaking if its own parent undertaking is governed by the law of a Member State in the following two cases:
(a) where that parent undertaking holds all of the shares in the exempted undertaking. The shares in that undertaking held by members of its administrative, management or supervisory bodies pursuant to an obligation in law or in the memorandum or articles of association shall be ignored for this purpose; or
(b) where that parent undertaking holds 90 % or more of the shares in the exempted undertaking and the remaining shareholders in or members of that undertaking have approved the exemption.
In so far as the laws of a Member State prescribe consolidation in this case at the time of the adoption of this Directive, that Member State need not apply this provision for 10 years after the date referred to in Article 49 (2).
2. Exemption shall be conditional upon compliance with all of the following conditions:
(a) the exempted undertaking and, without prejudice to Articles 13, 14 and 15, all of its subsidiary undertakings must be consolidated in the accounts of a larger body of undertakings, the parent undertaking of which is governed by the law of a Member State;
(b) (aa) the consolidated accounts referred to in (a) above and the consolidated annual report of the larger body of undertakings must be drawn up by the parent undertaking of that body and audited, according to the law of the Member State by which the parent undertaking of that larger body of undertakings is governed, in accordance with this Directive;
(bb) the consolidated accounts referred to in (a) above and the consolidated annual report referred to in (aa) above, the report by the person responsible for auditing those accounts and, where appropriate, the appendix referred to in Article 9 must be published for the exempted undertaking in the manner prescribed by the law of the Member State governing that undertaking in accordance with Article 38. That Member State may require that those documents be published in its official language and that the translation be certified;
(c) the notes on the annual accounts of the exempted undertaking must disclose:
(aa) the name and registered office of the parent undertaking that draws up the consolidated accounts referred to in (a) above; and
(bb) the exemption from the obligation to draw up consolidated accounts and a consolidated annual report.
3. A Member State need not, however, apply this Article to companies the securities of which have been admitted to official listing on a stock exchange established in a Member State.
Article 8
1. In cases not covered by Article 7 (1), a Member State may, without prejudice to Articles 4 (2), 5 and 6, exempt from the obligation imposed in Article 1 (1) any parent undertaking governed by its national law which is also a subsidiary undertaking, the parent undertaking of which is governed by the law of a Member State, provided that all the conditions set out in Article 7 (2) are fulfilled and that the shareholders in or members of the exempted undertaking who own a minimum proportion of the subscribed capital of that undertaking have not requested the preparation of consolidated accounts at least six months before the end of the financial year. The Member States may fix that proportion at not more than 10 % for public limited liability companies and for limited partnerships with share capital, and at not more than 20 % for undertakings of other types.
2. A Member State may not make it a condition for this exemption that the parent undertaking which prepared the consolidated accounts described in Article 7 (2) (a) must also be governed by its national law.
3. A Member State may not make exemption subject to conditions concerning the preparation and auditing of the consolidated accounts referred to in Article 7 (2) (a).
Article 9
1. A Member State may make the exemptions provided for in Articles 7 and 8 dependent upon the disclosure of additional information, in accordance with this Directive, in the consolidated accounts referred to in Article 7 (2) (a), or in an appendix thereto, if that information is required of undertakings governed by the national law of that Member State which are obliged to prepare consolidated accounts and are in the same circumstances.
2. A Member State may also make exemption dependent upon the disclosure, in the notes on the consolidated accounts referred to in Article 7 (2) (a), or in the annual accounts of the exempted undertaking, of all or some of the following information regarding the body of undertakings, the parent undertaking of which it is exempting from the obligation to draw up consolidated accounts:
- the amount of the fixed assets,
- the net turnover,
- the profit or loss for the financial year and the amount of the capital and reserves,
- the average number of persons employed during the financial year.
Article 10
Articles 7 to 9 shall not affect any Member State's legislation on the drawing up of consolidated accounts or consolidated annual reports in so far as those documents are required:
- for the information of employees on their representatives, or
- by an administrative or judicial authority for its own purposes.
Article 11
1. Without prejudice to Articles 4 (2), 5 and 6, a Member State may exempt from the obligation imposed in Article 1 (1) any parent undertaking governed by its national law which is also a subsidiary undertaking of a parent undertaking not governed by the law of a Member State, if all of the following conditions are fulfilled:
(a) the exempted undertaking and, without prejudice to Articles 13, 14 and 15, all of its subsidiary undertakings must be consolidated in the accounts of a larger body of undertakings;
(b) the consolidated accounts referred to in (a) above and, where appropriate, the consolidated annual report must be drawn up in accordance with this Directive or in a manner equivalent to consolidated accounts and consolidated annual reports drawn up in accordance with this Directive;
(c) the consolidated accounts referred to in (a) above must have been audited by one or more persons authorized to audit accounts under the national law governing the undertaking which drew them up.
2. Articles 7 (2) (b) (bb) and (c) and 8 to 10 shall apply.
3. A Member State may provide for exemptions under this Article only if it provides for the same exemptions under Articles 7 to 10.
Article 12
1. Without prejudice to Articles 1 to 10, a Member State may require any undertaking governed by its national law to draw up consolidated accounts and a consolidated annual report if:
(a) that undertaking and one or more other undertakings with which it is not connected, as described in Article 1 (1) or (2), are managed on a unified basis pursuant to a contract concluded with that undertaking or provisions in the memorandum or articles of association of those undertakings; or
(b) the administrative, management or supervisory bodies of that undertaking and of one or more other undertakings with which it is not connected, as described in Article 1 (1) or (2), consist for the major part of the same persons in office during the financial year and until the consolidated accounts are drawn up.
2. Where paragraph 1 above is applied, undertakings related as defined in that paragraph together with all of their subsidiary undertakings shall be undertakings to be consolidated, as defined in this Directive, where one or more of those undertakings is established as one of the types of company listed in Article 4.
3. Articles 3, 4 (2), 5, 6, 13 to 28, 29 (1), (3), (4) and (5), 30 to 38 and 39 (2) shall apply to the consolidated accounts and the consolidated annual report covered by this Article, references to parent undertakings being understood to refer to all the undertakings specified in paragraph 1 above. Without prejudice to Article 19 (2), however, the items "capital", "share premium account", "revaluation reserve", "reserves", "profit or loss brought forward", and "profit or loss for the financial year" to be included in the consolidated accounts shall be the aggregate amounts attributable to each of the undertakings specified in paragraph 1.
Article 13
1. An undertaking need not be included in consolidated accounts where it is not material for the purposes of Article 16 (3).
2. Where two or more undertakings satisfy the requirements of paragraph 1 above, they must nevertheless be included in consolidated accounts if, as a whole, they are material for the purposes of Article 16 (3).
3. In addition, an undertaking need not be included in consolidated accounts where:
(a) severe long-term restrictions substantially hinder:
(aa) the parent undertaking in the exercise of its rights over the assets or management of that undertaking; or
(bb) the exercise of unified management of that undertaking where it is in one of the relationships defined in Article 12 (1); or
(b) the information necessary for the preparation of consolidated accounts in accordance with this Directive cannot be obtained without disproportionate expense or undue delay; or
(c) the shares of that undertaking are held exclusively with a view to their subsequent resale.
Article 14
1. Where the activities of one or more undertakings to be consolidated are so different that their inclusion in the consolidated accounts would be incompatible with the obligation imposed in Article 16 (3), such undertakings must, without prejudice to Article 33 of this Directive, be excluded from the consolidation.
2. Paragraph 1 above shall not be applicable merely by virtue of the fact that the undertakings to be consolidated are partly industrial, partly commercial, and partly provide services, or because such undertakings carry on industrial or commercial activities involving different products or provide different services.
3. Any application of paragraph 1 above and the reasons therefor must be disclosed in the notes on the accounts. Where the annual or consolidated accounts of the undertakings thus excluded from the consolidation are not published in the same Member State in accordance with Directive 68/151/EEC [6], they must be attached to the consolidated accounts or made available to the public. In the latter case it must be possible to obtain a copy of such documents upon request. The price of such a copy must not exceed its administrative cost.
Article 15
1. A Member State may, for the purposes of Article 16 (3), permit the omission from consolidated accounts of any parent undertaking not carrying on any industrial or commercial activity which holds shares in a subsidiary undertaking on the basis of a joint arrangement with one or more undertakings not included in the consolidated accounts.
2. The annual accounts of the parent undertaking shall be attached to the consolidated accounts.
3. Where use is made of this derogation, either Article 59 of Directive 78/660/EEC shall apply to the parent undertaking's annual accounts or the information which would have resulted from its application must be given in the notes on those accounts.
SECTION 2
The preparation of consolidated accounts
Article 16
1. Consolidated accounts shall comprise the consolidated balance sheet, the consolidated profit-and-loss account and the notes on the accounts. These documents shall constitute a composite whole.
2. Consolidated accounts shall be drawn up clearly and in accordance with this Directive.
3. Consolidated accounts shall give a true and fair view of the assets, liabilities, financial position and profit or loss of the undertakings included therein taken as a whole.
4. Where the application of the provisions of this Directive would not be sufficient to give a true and fair view within the meaning of paragraph 3 above, additional information must be given.
5. Where, in exceptional cases, the application of a provision of Articles 17 to 35 and 39 is incompatible with the obligation imposed in paragraph 3 above, that provision must be departed from in order to give a true and fair view within the meaning of paragraph 3. Any such departure must be disclosed in the notes on the accounts together with an explanation of the reasons for it and a statement of its effect on the assets, liabilities, financial position and profit or loss. The Member States may define the exceptional cases in question and lay down the relevant special rules.
6. A Member State may require or permit the disclosure in the consolidated accounts of other information as well as that which must be disclosed in accordance with this Directive.
Article 17
1. Articles 3 to 10, 13 to 26 and 28 to 30 of Directive 78/660/EEC shall apply in respect of the layout of consolidated accounts, without prejudice to the provisions of this Directive and taking account of the essential adjustments resulting from the particular characteristics of consolidated accounts as compared with annual accounts.
2. Where there are special circumstances which would entail undue expense a Member State may permit stocks to be combined in the consolidated accounts.
Article 18
The assets and liabilities of undertakings included in a consolidation shall be incorporated in full in the consolidated balance sheet.
Article 19
1. The book values of shares in the capital of undertakings included in a consolidation shall be set off against the proportion which they represent of the capital and reserves of those undertakings:
(a) That set-off shall be effected on the basis of book values as at the date as at which such undertakings are included in the consolidations for the first time. Differences arising from such set-offs shall as far as possible be entered directly against those items in the consolidated balance sheet which have values above or below their book values.
(b) A Member State may require or permit set-offs on the basis of the values of identifiable assets and liabilities as at the date of acquisition of the shares or, in the event of acquisition in two or more stages, as at the date on which the undertaking became a subsidiary.
(c) Any difference remaining after the application of (a) or resulting from the application of (b) shall be shown as a separate item in the consolidated balance sheet with an appropriate heading. That item, the methods used and any significant changes in relation to the preceding financial year must be explained in the notes on the accounts. Where the offsetting of positive and negative differences is authorized by a Member State, a breakdown of such differences must also be given in the notes on the accounts.
2. However, paragraph 1 above shall not apply to shares in the capital of the parent undertaking held either by that undertaking itself or by another undertaking included in the consolidation. In the consolidated accounts such shares shall be treated as own shares in accordance with Directive 78/660/EEC.
Article 20
1. A Member State may require or permit the book values of shares held in the capital of an undertaking included in the consolidation to be set off against the corresponding percentage of capital only, provided that:
(a) the shares held represent at least 90 % of the nominal value or, in the absence of a nominal value, of the accounting par value of the shares of that undertaking other than shares of the kind described in Article 29 (2) (a) of Directive 77/91/EEC [7];
(b) the proportion referred to in (a) above has been attained pursuant to an arrangement providing for the issue of shares by an undertaking included in the consolidation; and
(c) the arrangement referred to in (b) above did not include a cash payment exceeding 10 % of the nominal value or, in the absence of a nominal value, of the accounting par value of the shares issued.
2. Any difference arising under paragraph 1 above shall be added to or deducted from consolidated reserves as appropriate.
3. The application of the method described in paragraph 1 above, the resulting movement in reserves and the names and registered offices of the undertakings concerned shall be disclosed in the notes on the accounts.
Article 21
The amount attributable to shares in subsidiary undertakings included in the consolidation held by persons other than the undertakings included in the consolidation shall be shown in the consolidated balance sheet as a separate item with an appropriate heading.
Article 22
The income and expenditure of undertakings included in a consolidation shall be incorporated in full in the consolidated profit-and-loss account.
Article 23
The amount of any profit or loss attributable to shares in subsidiary undertakings included in the consolidation held by persons other than the undertakings included in the consolidation shall be shown in the consolidated profit-and-loss account as a separate item with an appropriate heading.
Article 24
Consolidated accounts shall be drawn up in accordance with the principles enunciated in Articles 25 to 28.
Article 25
1. The methods of consolidation must be applied consistently from one financial year to another.
2. Derogations from the provisions of paragraph 1 above shall be permitted in exceptional cases. Any such derogations must be disclosed in the notes on the accounts and the reasons for them given together with an assessment of their effect on the assets, liabilities, financial position and profit or loss of the undertakings included in the consolidation taken as a whole.
Article 26
1. Consolidated accounts shall show the assets, liabilities, financial positions and profits or losses of the undertakings included in a consolidation as if the latter were a single undertaking. In particular:
(a) debts and claims between the undertakings included in a consolidation shall be eliminated from the consolidated accounts;
(b) income and expenditure relating to transactions between the undertakings included in a consolidation shall be eliminated from the consolidated accounts;
(c) where profits and losses resulting from transactions between the undertakings included in a consolidation are included in the book values of assets, they shall be eliminated from the consolidated accounts. Pending subsequent coordination, however, a Member State may allow the eliminations mentioned above to be effected in proportion to the percentage of the capital held by the parent undertaking in each of the subsidiary undertakings included in the consolidation.
2. A Member State may permit derogations from the provisions of paragraph 1 (c) above where a transaction has been concluded according to normal market conditions and where the elimination of the profit or loss would entail undue expense. Any such derogations must be disclosed and where the effect on the assets, liabilities, financial position and profit or loss of the undertakings, included in the consolidation, taken as a whole, is material, that fact must be disclosed in the notes on the consolidated accounts.
3. Derogations from the provisions of paragraph 1 (a), (b) or (c) above shall be permitted where the amounts concerned are not material for the purposes of Article 16 (3).
Article 27
1. Consolidated accounts must be drawn up as at the same date as the annual accounts of the parent undertaking.
2. A Member State may, however, require or permit consolidated accounts to be drawn up as at another date in order to take account of the balance sheet dates of the largest number or the most important of the undertakings included in the consolidation. Where use is made of this derogation that fact shall be disclosed in the notes on the consolidated accounts together with the reasons therefor. In addition, account must be taken or disclosure made of important events concerning the assets and liabilities, the financial position or the profit or loss of an undertaking included in a consolidation which have occurred between that undertaking's balance sheet date and the consolidated balance sheet date.
3. Where an undertaking's balance sheet date precedes the consolidated balance sheet date by more than three months, that undertaking shall be consolidated on the basis of interim accounts drawn up as at the consolidated balance sheet date.
Article 28
If the composition of the undertakings included in a consolidation has changed significantly in the course of a financial year, the consolidated accounts must include information which makes the comparison of successive sets of consolidated accounts meaningful. Where such a change is a major one, a Member State may require or permit this obligation to be fulfilled by the preparation of an adjusted opening balance sheet and an adjusted profit-and-loss account.
Article 29
1. Assets and liabilities to be included in consolidated accounts shall be valued according to uniform methods and in accordance with Articles 31 to 42 and 60 of Directive 78/660/EEC.
2. (a) An undertaking which draws up consolidated accounts must apply the same methods of valuation as in its annual accounts. However, a Member State may require or permit the use in consolidated accounts of other methods of valuation in accordance with the abovementioned Articles of Directive 78/660/EEC.
(b) Where use is made of this derogation that fact shall be disclosed in the notes on the consolidated accounts and the reasons therefor given.
3. Where assets and liabilities to be included in consolidated accounts have been valued by undertakings included in the consolidation by methods differing from those used for the consolidation, they must be revalued in accordance with the methods used for the consolidation, unless the results of such revaluation are not material for the purposes of Article 16 (3). Departures from this principle shall be permitted in exceptional cases. Any such departures shall be disclosed in the notes on the consolidated accounts and the reasons for them given.
4. Account shall be taken in the consolidated balance sheet and in the consolidated profit-and-loss account of any difference arising on consolidation between the tax chargeable for the financial year and for preceding financial years and the amount of tax paid or payable in respect of those years, provided that it is probable that an actual charge to tax will arise within the foreseeable future for one of the undertakings included in the consolidation.
5. Where assets to be included in consolidated accounts have been the subject of exceptional value adjustments solely for tax purposes, they shall be incorporated in the consolidated accounts only after those adjustments have been eliminated. A Member State may, however, require or permit that such assets be incorporated in the consolidated accounts without the elimination of the adjustments, provided that their amounts, together with the reasons for them, are disclosed in the notes on the consolidated accounts.
Article 30
1. A separate item as defined in Article 19 (1) (c) which corresponds to a positive consolidation difference shall be dealt with in accordance with the rules laid down in Directive 78/660/EEC for the item "goodwill".
2. A Member State may permit a positive consolidation difference to be immediately and clearly deducted from reserves.
Article 31
An amount shown as a separate item, as defined in Article 19 (1) (c), which corresponds to a negative consolidation difference may be transferred to the consolidated profit-and-loss account only:
(a) where that difference corresponds to the expectation at the date of acquisition of unfavourable future results in that undertaking, or to the expectation of costs which that undertaking would incur, in so far as such an expectation materializes; or
(b) in so far as such a difference corresponds to a realized gain.
Article 32
1. Where an undertaking included in a consolidation manages another undertaking jointly with one or more undertakings not included in that consolidation, a Member State may require or permit the inclusion of that other undertaking in the consolidated accounts in proportion to the rights in its capital held by the undertaking included in the consolidation.
2. Articles 13 to 31 shall apply mutatis mutandis to the proportional consolidation referred to in paragraph 1 above.
3. Where this Article is applied, Article 33 shall not apply if the undertaking proportionally consolidated is an associated undertaking as defined in Article 33.
Article 33
1. Where an undertaking included in a consolidation exercises a significant influence over the operating and financial policy of an undertaking not included in the consolidation (an associated undertaking) in which it holds a participating interest, as defined in Article 17 of Directive 78/660/EEC, that participating interest shall be shown in the consolidated balance sheet as a separate item with an appropriate heading. An undertaking shall be presumed to exercise a significant influence over another undertaking where it has 20 % or more of the shareholders' or members' voting rights in that undertaking. Article 2 shall apply.
2. When this Article is applied for the first time to a participating interest covered by paragraph 1 above, that participating interest shall be shown in the consolidated balance sheet either:
(a) at its book value calculated in accordance with the valuation rules laid down in Directive 78/660/EEC. The difference between that value and the amount corresponding to the proportion of capital and reserves represented by that participating interest shall be disclosed separately in the consolidated balance sheet or in the notes on the accounts. That difference shall be calculated as at the date as at which that method is used for the first time; or
(b) at an amount corresponding to the proportion of the associated undertaking's capital and reserves represented by that participating interest. The difference between that amount and the book value calculated in accordance with the valuation rules laid down in Directive 78/660/EEC shall be disclosed separately in the consolidated balance sheet or in the notes on the accounts. That difference shall be calculated as at the date as at which that method is used for the first time.
(c) A Member State may prescribe the application of one or other of (a) and (b) above. The consolidated balance sheet or the notes on the accounts must indicate whether (a) or (b) has been used.
(d) In addition, for the purposes of (a) and (b) above, a Member State may require or permit the calculation of the difference as at the date of acquisition of the shares or, where they were acquired in two or more stages, as at the date on which the undertaking became an associated undertaking.
3. Where an associated undertaking's assets or liabilities have been valued by methods other than those used for consolidation in accordance with Article 29 (2), they may, for the purpose of calculating the difference referred to in paragraph 2 (a) or (b) above, be revalued by the methods used for consolidation. Where such revaluation has not been carried out that fact must be disclosed in the notes on the accounts. A Member State may require such revaluation.
4. The book value referred to in paragraph 2 (a) above, or the amount corresponding to the proportion of the associated undertaking's capital and reserves referred to in paragraph 2 (b) above, shall be increased or reduced by the amount of any variation which has taken place during the financial year in the proportion of the associated undertaking's capital and reserves represented by that participating interest; it shall be reduced by the amount of the dividends relating to that participating interest.
5. In so far as the positive difference referred to in paragraph 2 (a) or (b) above cannot be related to any category of assets or liabilities it shall be dealt with in accordance with Articles 30 and 39 (3).
6. The proportion of the profit or loss of the associated undertakings attributable to such participating interests shall be shown in the consolidated profit-and-loss account as a separate item under an appropriate heading.
7. The eliminations referred to in Article 26 (1) (c) shall be effected in so far as the facts are known or can be ascertained. Article 26 (2) and (3) shall apply.
8. Where an associated undertaking draws up consolidated accounts, the foregoing provisions shall apply to the capital and reserves shown in such consolidated accounts.
9. This Article need not be applied where the participating interest in the capital of the associated undertaking is not material for the purposes of Article 16 (3).
Article 34
In addition to the information required under other provisions of this Directive, the notes on the accounts must set out information in respect of the following matters at least:
1. The valuation methods applied to the various items in the consolidated accounts, and the methods employed in calculating the value adjustments. For items included in the consolidated accounts which are or were originally expressed in foreign currency the bases of conversion used to express them in the currency in which the consolidated accounts are drawn up must be disclosed.
2. (a) The names and registered offices of the undertakings included in the consolidation; the proportion of the capital held in undertakings included in the consolidation, other than the parent undertaking, by the undertakings included in the consolidation or by persons acting in their own names but on behalf of those undertakings; which of the conditions referred to in Articles 1 and 12 (1) following application of Article 2 has formed the basis on which the consolidation has been carried out. The latter disclosure may, however, be omitted where consolidation has been carried out on the basis of Article 1 (1) (a) and where the proportion of the capital and the proportion of the voting rights held are the same.
(b) The same information must be given in respect of undertakings exluded from a consolidation pursuant to Articles 13 and 14 and, without prejudice to Article 14 (3), an explanation must be given for the exclusion of the undertakings referred to in Article 13.
3. (a) The names and registered offices of undertakings associated with an undertaking included in the consolidation as described in Article 33 (1) and the proportion of their capital held by undertakings included in the consolidation or by persons acting in their own names but on behalf of those undertakings.
(b) The same information must be given in respect of the associated undertakings referred to in Article 33 (9), together with the reasons for applying that provision.
4. The names and registered offices of undertakings proportionally consolidated pursuant to Article 32, the factors on which joint management is based, and the proportion of their capital held by the undertakings included in the consolidation or by persons acting in their own names but on behalf of those undertakings.
5. The name and registered office of each of the undertakings, other than those referred to in paragraphs 2, 3 and 4 above, in which undertakings included in the consolidation and those excluded pursuant to Article 14, either themselves or through persons acting in their own names but on behalf of those undertakings, hold at least a percentage of the capital which the Member States cannot fix at more than 20 %, showing the proportion of the capital held, the amount of the capital and reserves, and the profit or loss for the latest financial year of the undertaking concerned for which accounts have been adopted. This information may be omitted where, for the purposes of Article 16 (3), it is of negligible importance only. The information concerning capital and reserves and the profit or loss may also be omitted where the undertaking concerned does not publish its balance sheet and where less than 50 % of its capital is held (directly or indirectly) by the abovementioned undertakings.
6. The total amount shown as owed in the consolidated balance sheet and becoming due and payable after more than five years, as well as the total amount shown as owed in the consolidated balance sheet and covered by valuable security furnished by undertakings included in the consolidation, with an indication of the nature and form of the security.
7. The total amount of any financial commitments that are not included in the consolidated balance sheet, in so far as this information is of assistance in assessing the financial position of the undertakings included in the consolidation taken as a whole. Any commitments concerning pensions and affiliated undertakings which are not included in the consolidation must be disclosed separately.
8. The consolidated net turnover as defined in Article 28 of Directive 78/660/EEC, broken down by categories of activity and into geographical markets in so far as, taking account of the manner in which the sale of products and the provision of services falling within the ordinary activities of the undertakings included in the consolidation taken as a whole are organized, these categories and markets differ substantially from one another.
9. (a) The average number of persons employed during the financial year by undertakings included in the consolidation broken down by categories and, if they are not disclosed separately in the consolidated profit-and-loss account, the staff costs relating to the financial year.
(b) The average number of persons employed during the financial year by undertakings to which Article 32 has been applied shall be disclosed separately.
10. The extent to which the calculation of the consolidated profit or loss for the financial year has been affected by a valuation of the items which, by way of derogation from the principles enunciated in Articles 31 and 34 to 42 of Directive 78/660/EEC and in Article 29 (5) of this Directive, was made in the financial year in question or in an earlier financial year with a view to obtaining tax relief. Where the influence of such a valuation on the future tax charges of the undertakings included in the consolidation taken as a whole is material, details must be disclosed.
11. The difference between the tax charged to the consolidated profit-and-loss account for the financial year and to those for earlier financial years and the amount of tax payable in respect of those years, provided that this difference is material for the purposes of future taxation. This amount may also be disclosed in the balance sheet as a cumulative amount under a separate item with an appropriate heading.
12. The amount of the emoluments granted in respect of the financial year to the members of the administrative, managerial and supervisory bodies of the parent undertaking by reason of their responsibilities in the parent undertaking and its subsidiary undertakings, and any commitments arising or entered into under the same conditions in respect of retirement pensions for former members of those bodies, with an indication of the total for each category. A Member State may require that emoluments granted by reason of responsibilities assumed in undertakings linked as described in Article 32 or 33 shall also be included with the information specified in the first sentence.
13. The amount of advances and credits granted to the members of the administrative, managerial and supervisory bodies of the parent undertaking by that undertaking or by one of its subsidiary undertakings, with indications of the interest rates, main conditions and any amounts repaid, as well as commitments entered into on their behalf by way of guarantee of any kind with an indication of the total for each category. A Member State may require that advances and credits granted by undertakings linked as described in Article 32 or 33 shall also be included with the information specified in the first sentence.
Article 35
1. A Member State may allow the disclosures prescribed in Article 34 (2), (3), (4) and (5):
(a) to take the form of a statement deposited in accordance with Article 3 (1) and (2) of Directive 68/151/EEC; this must be disclosed in the notes on the accounts;
(b) to be omitted when their nature is such that they would be seriously prejudicial to any of the undertakings affected by these provisions. A Member State may make such omissions subject to prior administrative or judicial authorization. Any such omission must be disclosed in the notes on the accounts.
2. Paragraph 1 (b) shall also apply to the information prescribed in Article 34 (8).
SECTION 3
The consolidated annual report
Article 36
1. The consolidated annual report must include at least a fair review of the development of business and the position of the undertakings included in the consolidation taken as a whole.
2. In respect of those undertakings, the report shall also give an indication of:
(a) any important events that have occurred since the end of the financial year;
(b) the likely future development of those undertakings taken as a whole;
(c) the activities of those undertakings taken as a whole in the field of research and development;
(d) the number and nominal value or, in the absence of a nominal value, the accounting par value of all of the parent undertaking's shares held by that undertaking itself, by subsidiary undertakings of that undertaking or by a person acting in his own name but on behalf of those undertakings. A Member State may require or permit the disclosure of these particulars in the notes on the accounts.
SECTION 4
The auditing of consolidated accounts
Article 37
1. An undertaking which draws up consolidated accounts must have them audited by one or more persons authorized to audit accounts under the laws of the Member State which govern that undertaking.
2. The person or persons responsible for auditing the consolidated accounts must also verify that the consolidated annual report is consistent with the consolidated accounts for the same financial year.
SECTION 5
The publication of consolidated accounts
Article 38
1. Consolidated accounts, duly approved, and the consolidated annual report, together with the opinion submitted by the person responsible for auditing the consolidated accounts, shall be published for the undertaking which drew up the consolidated accounts as laid down by the laws of the Member State which govern it in accordance with Article 3 of Directive 68/151/EEC.
2. The second subparagraph of Article 47 (1) of Directive 78/660/EEC shall apply with respect to the consolidated annual report.
3. The following shall be substituted for the second subparagraph of Article 47 (1) of Directive 78/660/EEC: "It must be possible to obtain a copy of all or part of any such report upon request. The price of such a copy must not exceed its administrative cost".
4. However, where the undertaking which drew up the consolidated accounts is not established as one of the types of company listed in Article 4 and is not required by its national law to publish the documents referred to in paragraph 1 in the same manner as prescribed in Article 3 of Directive 68/151/EEC, it must at least make them available to the public at its head office. It must be possible to obtain a copy of such documents upon request. The price of such a copy must not exceed its administrative cost.
5. Articles 48 and 49 of Directive 78/660/EEC shall apply.
6. The Member States shall provide for appropriate sanctions for failure to comply with the publication obligations imposed in this Article.
SECTION 6
Transitional and final provisions
Article 39
1. When, for the first time, consolidated accounts are drawn up in accordance with this Directive for a body of undertakings which was already connected, as described in Article 1 (1), before application of the provisions referred to in Article 49 (1), a Member State may require or permit that, for the purposes of Article 19 (1), account be taken of the book value of a holding and the proportion of the capital and reserves that it represents as at a date before or the same as that of the first consolidation.
2. Paragraph 1 above shall apply mutatis mutandis to the valuation for the purposes of Article 33 (2) of a holding, or of the proportion of capital and reserves that it represents, in the capital of an undertaking associated with an undertaking included in the consolidation, and to the proportional consolidation referred to in Article 32.
3. Where the separate item defined in Article 19 (1) corresponds to a positive consolidation difference which arose before the date of the first consolicated accounts drawn up in accordance with this Directive, a Member State may:
(a) for the purposes of Article 30 (1), permit the calculation of the limited period of more than five years provided for in Article 37 (2) of Directive 78/660/EEC as from the date of the first consolidated accounts drawn up in accordance with this Directive; and
(b) for the purposes of Article 30 (2), permit the deduction to be made from reserves as at the date of the first consolidated accounts drawn up in accordance with this Directive.
Article 40
1. Until expiry of the deadline imposed for the application in national law of the Directives supplementing Directive 78/660/EEC as regards the harmonization of the rules governing the annual accounts of banks and other financial institutions and insurance undertakings, a Member State may derogate from the provisions of this Directive concerning the layout of consolidated accounts, the methods of valuing the items included in those accounts and the information to be given in the notes on the accounts:
(a) with regard to any undertaking to be consolidated which is a bank, another financial institution or an insurance undertaking;
(b) where the undertakings to be consolidated comprise principally banks, financial institutions or insurance undertakings.
They may also derogate from Article 6, but only in so far as the limits and criteria to be applied to the above undertakings are concerned.
2. In so far as a Member State has not required all undertakings which are banks, other financial institutions or insurance undertakings to draw up consolidated accounts before implementation of the provisions referred to in Article 49 (1), it may, until its national law implements one of the Directives mentioned in paragraph 1 above, but not in respect of financial years ending after 1993:
(a) suspend the application of the obligation imposed in Article 1 (1) with respect to any of the above undertakings which is a parent undertaking. That fact must be disclosed in the annual accounts of the parent undertaking and the information prescribed in point 2 of Article 43 (1) of Directive 78/660/EEC must be given for all subsidiary undertakings;
(b) where consolidated accounts are drawn up and without prejudice to Article 33, permit the omission from the consolidation of any of the above undertakings which is a subsidiary undertaking. The information prescribed in Article 34 (2) must be given in the notes on the accounts in respect of any such subsidiary undertaking.
3. In the cases referred to in paragraph 2 (b) above, the annual or consolidated accounts of the subsidiary undertaking must, in so far as their publication is compulsory, be attached to the consolidated accounts or, in the absence of consolidated accounts, to the annual accounts of the parent undertaking or be made available to the public. In the latter case it must be possible to obtain a copy of such documents upon request. The price of such a copy must not exceed its administrative cost.
Article 41
1. Undertakings which are connected as described in Article 1 (1) (a), (b) and (d) (bb), and those other undertakings which are similarly connected with one of the aforementioned undertakings, shall be affiliated undertakings for the purposes of this Directive and of Directive 78/660/EEC.
2. Where a Member State prescribes the preparation of consolidated accounts pursuant to Article 1 (1) (c), (d) (aa) or (2) or Article 12 (1), the undertakings which are connected as described in those Articles and those other undertakings which are connected similarly, or are connected as described in paragraph 1 above to one of the aforementioned undertakings, shall be affiliated undertakings as defined in paragraph 1.
3. Even where a Member State does not prescribe the preparation of consolidated accounts pursuant to Article 1 (1) (c), (d) (aa) or (2) or Article 12 (1), it may apply paragraph 2 of this Article.
4. Articles 2 and 3 (2) shall apply.
5. When a Member State applies Article 4 (2), it may exclude from the application of paragraph 1 above affiliated undertakings which are parent undertakings and which by virtue of their legal form are not required by that Member State to draw up consolidated accounts in accordance with the provisions of this Directive, as well as parent undertakings with a similar legal form.
Article 42
The following shall be substituted for Article 56 of Directive 78/660/EEC:
"Article 56
1. The obligation to show in annual accounts the items prescribed by Articles 9, 10 and 23 to 26 which relate to affiliated undertakings, as defined by Article 41 of Directive 83/349/EEC, and the obligation to provide information concerning these undertakings in accordance with Articles 13 (2), and 14 and point 7 of Article 43 (1) shall enter into force on the date fixed in Article 49 (2) of that Directive.
2. The notes on the accounts must also disclose:
(a) the name and registered office of the undertaking which draws up the consolidated accounts of the largest body of undertakings of which the company forms part as a subsidiary undertaking;
(b) the name and registered office of the undertaking which draws up the consolidated accounts of the smallest body of undertakings of which the company forms part as a subsidiary undertaking and which is also included in the body of undertakings referred to in (a) above;
(c) the place where copies of the consolidated accounts referred to in (a) and (b) above may be obtained provided that they are available."
Article 43
The following shall be substituted for Article 57 of Directive 78/660/EEC:
"Article 57
Notwithstanding the provisions of Directives 68/151/EEC and 77/91/EEC, a Member State need not apply the provisions of this Directive concerning the content, auditing and publication of annual accounts to companies governed by their national laws which are subsidiary undertakings, as defined in Directive 83/349/EEC, where the following conditions are fulfilled:
(a) the parent undertaking must be subject to the laws of a Member State;
(b) all shareholders or members of the subsidiary undertaking must have declared their agreement to the exemption from such obligation; this declaration must be made in respect of every financial year;
(c) the parent undertaking must have declared that it guarantees the commitments entered into by the subsidiary undertaking;
(d) the declarations referred to in (b) and (c) must be published by the subsidiary undertaking as laid down by the laws of the Member State in accordance with Article 3 of Directive 68/151/EEC;
(e) the subsidiary undertaking must be included in the consolidated accounts drawn up by the parent undertaking in accordance with Directive 83/349/EEC;
(f) the above exemption must be disclosed in the notes on the consolidated accounts drawn up by the parent undertaking;
(g) the consolidated accounts referred to in (e), the consolidated annual report, and the report by the person responsible for auditing those accounts must be published for the subsidiary undertaking as laid down by the laws of the Member State in accordance with Article 3 of Directive 68/151/EEC."
Article 44
The following shall be substituted for Article 58 of Directive 78/660/EEC:
"Article 58
A Member State need not apply the provisions of this Directive concerning the auditing and publication of the profit-and-loss account to companies governed by their national laws which are parent undertakings for the purposes of Directive 83/349/EEC where the following conditions are fulfilled:
(a) the parent undertaking must draw up consolidated accounts in accordance with Directive 83/349/EEC and be included in the consolidated accounts;
(b) the above exemption must be disclosed in the notes on the annual accounts of the parent undertaking;
(c) the above exemption must be disclosed in the notes on the consolidated accounts drawn up by the parent undertaking;
(d) the profit or loss of the parent company, determined in accordance with this Directive, must be shown in the balance sheet of the parent company."
Article 45
The following shall be substituted for Article 59 of Directive 78/660/EEC:
"Article 59
1. A Member State may require or permit that participating interests, as defined in Article 17, in the capital of undertakings over the operating and financial policies of which significant influence is exercised, be shown in the balance sheet in accordance with paragraphs 2 to 9 below, as sub-items of the items "shares in affiliated undertakings" or "participating interests", as the case may be. An undertaking shall be presumed to exercise a significant influence over another undertaking where it has 20 % or more of the shareholders' or members' voting rights in that undertaking. Article 2 of Directive 83/349/EEC shall apply.
2. When this Article is first applied to a participating interest covered by paragraph 1, it shall be shown in the balance sheet either:
(a) at its book value calculated in accordance with Articles 31 to 42. The difference between that value and the amount corresponding to the proportion of capital and reserves represented by the participating interest shall be disclosed separately in the balance sheet or in the notes on the accounts. That difference shall be calculated as at the date as at which the method is applied for the first time; or
(b) at the amount corresponding to the proportion of the capital and reserves represented by the participating interest. The difference between that amount and the book value calculated in accordance with Articles 31 to 42 shall be disclosed separately in the balance sheet or in the notes on the accounts. That difference shall be calculated as at the date as at which the method is applied for the first time.
(c) A Member State may prescribe the application of one or other of the above paragraphs. The balance sheet or the notes on the accounts must indicate whether (a) or (b) above has been used.
(d) In addition, when applying (a) and (b) above, a Member State may require or permit calculation of the difference as at the date of acquisition of the participating interest referred to in paragraph 1 or, where the acquisition took place in two or more stages, as at the date as at which the holding became a participating interest within the meaning of paragraph 1 above.
3. Where the assets or liabilities of an undertaking in which a participating interest within the meaning of paragraph 1 above is held have been valued by methods other than those used by the company drawing up the annual accounts, they may, for the purpose of calculating the difference referred to in paragraph 2 (a) or (b) above, be revalued by the methods used by the company drawing up the annual accounts. Disclosure must be made in the notes on the accounts where such revaluation has not been carried out. A Member State may require such revaluation.
4. The book value referred to in paragraph 2 (a) above, or the amount corresponding to the proportion of capital and reserves referred to in paragraph 2 (b) above, shall be increased or reduced by the amount of the variation which has taken place during the financial year in the proportion of capital and reserves represented by that participating interest; it shall be reduced by the amount of the dividends relating to the participating interest.
5. In so far as a positive difference covered by paragraph 2 (a) or (b) above cannot be related to any category of asset or liability, it shall be dealt with in accordance with the rules applicable to the item "goodwill".
6. (a) The proportion of the profit or loss attributable to participating interests within the meaning of paragraph 1 above shall be shown in the profit-and-loss account as a separate item with an appropriate heading.
(b) Where that amount exceeds the amount of dividends already received or the payment of which can be claimed, the amount of the difference must be placed in a reserve which cannot be distributed to shareholders.
(c) A Member State may require or permit that the proportion of the profit or loss attributable to the participating interests referred to in paragraph 1 above be shown in the profit-and-loss account only to the extent of the amount corresponding to dividends already received or the payment of which can be claimed.
7. The eliminations referred to in Article 26 (1) (c) of Directive 83/349/EEC shall be effected in so far as the facts are known or can be ascertained. Article 26 (2) and (3) of that Directive shall apply.
8. Where an undertaking in which a participating interest within the meaning of paragraph 1 above is held draws up consolidated accounts, the foregoing paragraphs shall apply to the capital and reserves shown in such consolidated accounts.
9. This Article need not be applied where a participating interest as defined in paragraph 1 is not material for the purposes of Article 2 (3)."
Article 46
The following shall be substituted for Article 61 of Directive 78/660/EEC:
"Article 61
A Member State need not apply the provisions of point 2 of Article 43 (1) of this Directive concerning the amount of capital and reserves and profits and losses of the undertakings concerned to companies governed by their national laws which are parent undertakings for the purposes of Directive 83/349/EEC:
(a) where the undertakings concerned are included in consolidated accounts drawn up by that parent undertaking, or in the consolidated accounts of a larger body of undertakings as referred to in Article 7 (2) of Directive 83/349/EEC; or
(b) where the holdings in the undertakings concerned have been dealt with by the parent undertaking in its annual accounts in accordance with Article 59, or in the consolidated accounts drawn up by that parent undertaking in accordance with Article 33 of Directive 83/349/EEC."
Article 47
The Contact Committee set up pursuant to Article 52 of Directive 78/660/EEC shall also:
(a) facilitate, without prejudice to Articles 169 and 170 of the Treaty, harmonized application of this Directive through regular meetings dealing, in particular, with practical problems arising in connection with its application;
(b) advise the Commission, if necessary, on additions or amendments to this Directive.
Article 48
This Directive shall not affect laws in the Member States requiring that consolidated accounts in which undertakings not falling within their jurisdiction are included be filed in a register in which branches of such undertakings are listed.
Article 49
1. The Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive before 1 January 1988. They shall forthwith inform the Commission thereof.
2. A Member State may provide that the provisions referred to in paragraph 1 above shall first apply to consolidated accounts for financial years beginning on 1 January 1990 or during the calendar year 1990.
3. The Member States shall ensure that they communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 50
1. Five years after the date referred to in Article 49 (2), the Council, acting on a proposal from the Commission, shall examine and if need be revise Articles 1 (1) (d) (second subparagraph), 4 (2), 5, 6, 7 (1), 12, 43 and 44 in the light of the experience acquired in applying this Directive, the aims of this Directive and the economic and monetary situation at the time.
2. Paragraph 1 above shall not affect Article 53 (2) of Directive 78/660/EEC.
Article 51
This Directive is addressed to the Member States. | [
"UKPGA19890040"
] |
31983L0371 | 1983 | Commission Directive 83/371/EEC of 14 July 1983 amending Directive 82/57/EEC laying down certain provisions for implementing Council Directive 79/695/EEC on the harmonization of procedures for the release of goods for free circulation
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 79/695/EEC of 24 July 1979 on the harmonization of procedures for the release of goods for free circulation (1), and in particular Article 26 (1) thereof,
Whereas, by Directive 82/57/EEC (2), the Commission laid down certain provisions for implementing Directive 79/695/EEC; whereas it follows from Article 20 (1) of the former Directive that the customs authority may, if the declarant requests it, grant release of goods for free circulation before knowing the result of the checks made to verify the statements made on the entry;
Whereas Article 11 of Council Regulation (EEC) No 1224/80 of 28 May 1980 on the valuation of goods for customs purposes (3), as amended by Regulation (EEC) No 3193/80 (4), stipulates that if, in the course of determining the customs value of imported goods, it becomes necessary to delay the final determination of such customs value, the importer shall nevertheless be able to withdraw his goods from customs;
Whereas it is laid down in the Community provisions on procedures for the verification of preferential origin which give effect to the Community's various preferential trade agreements and arrangements that if the customs authorities of the importing Member State decided to suspend execution of the preferential tariff treatment while awaiting the results of the verification which they have undertaken, they shall grant release of the goods to the importer subject to any precautionary measures judged necessary;
Whereas, in order to avoid any misunderstanding in the implementation of Article 20 of Directive 82/57/EEC, that Article should be amended in such a way as to recall the specific provisions that apply with regard to the value of goods for customs purposes and to the origin rules;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on General Customs Rules,
Article 1
The first subparagraph of Article 20 (1) of Directive 82/57/EEC is hereby replaced by the following:
'Where the customs authority, while waiting for the result of the checks which it has undertaken, whether in order to verify the statements made in the entry or the documents accompanying it or to examine the goods, does not consider that it is in a position to assess the amount of import duties payable on the goods, it may nonetheless, if the declarant requests it, grant release for free circulation of the goods in question. Authorization of release may not be withheld on the sole ground that the final determination of customs value has been delayed or that the origin of goods for which a preferential tariff treatment is claimed by virtue of the origin of these goods is not finally established. The granting of this release shall give rise to the immediate entry in the accounts of the import duties as assessed according to the statements made in the entry.'
Article 2
Member States shall bring into force the measures necessary to comply with this Directive not later than 1 January 1984.
Article 3
This Directive is addressed to the Member States. | [
"UKPGA19790002"
] |
31983L0416 | 1983 | Council Directive 83/416/EEC of 25 July 1983 concerning the authorization of scheduled inter-regional air services for the transport of passengers, mail and cargo between Member States
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 84 ( 2 ) THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,
WHEREAS A COMMUNITY PROCEDURE FOR AUTHORIZING SCHEDULED INTER-REGIONAL AIR SERVICES BETWEEN MEMBER STATES , FOR THE TRANSPORT OF PASSENGERS ONLY OR IN COMBINATION WITH MAIL AND/OR CARGO BETWEEN CERTAIN COMMUNITY AIRPORTS , WILL GIVE AIR CARRIERS GREATER SCOPE TO DEVELOP MARKETS AND COULD THUS CONTRIBUTE TO THE EVOLUTION OF THE INTRA-COMMUNITY NETWORK ;
WHEREAS COMMON RULES SHOULD BE ESTABLISHED TO GOVERN ACCESS TO THE PROVISION OF THESE SERVICES BY AIR CARRIERS EFFECTIVELY CONTROLLED BY MEMBER STATES OR THEIR NATIONALS , OR WHICH , ALTHOUGH NOT OWNED AND EFFECTIVELY CONTROLLED BY MEMBER STATES OR THEIR NATIONALS , NEVERTHELESS MEET CERTAIN REQUIREMENTS ;
WHEREAS THESE RULES SHOULD NOT AFFECT THE RELATIONSHIP BETWEEN THE HOME STATE AND ITS AIR CARRIERS ;
WHEREAS IT IS NECESSARY TO DEVELOP INTERNAL COMMUNITY AIR TRAFFIC ON REGIONAL ROUTES IN ORDER TO CONTRIBUTE TO THE DEVELOPMENT OF THE REGIONS WITHIN THE EUROPEAN COMMUNITY ;
WHEREAS IN RESPECT OF FARES AND RATES IT IS NECESSARY TO ADHERE TO THE PRINCIPLES OF A FAIR COST/PRICE RATIO AND A FAIR RETURN ON CAPITAL ;
WHEREAS THE LAWS AND REGULATIONS OF THE MEMBER STATES CONCERNING THE PROTECTION OF THE ENVIRONMENT , SOCIAL CONDITIONS AND MATTERS RELATING TO AIRPORTS SHOULD NOT BE PREJUDICED BY THIS DIRECTIVE ;
WHEREAS THE HOME STATE AND THE STATE AFFECTED SHOULD HAVE THE OPPORTUNITY TO APPLY LESS RESTRICTIVE PROVISIONS THAN THOSE IN THIS DIRECTIVE , AND TRAFFIC RIGHTS WHICH HAVE ALREADY BEEN GRANTED BY ONE MEMBER STATE TO ANOTHER SHOULD NOT BE RESTRICTED BY THIS DIRECTIVE ;
WHEREAS THE SYSTEM SET UP BY THIS DIRECTIVE IS OF AN EXPERIMENTAL NATURE AND ITS OPERATION SHOULD THEREFORE BE REVIEWED BY THE COUNCIL AT THE END OF A CERTAIN PERIOD FROM ITS TAKING EFFECT ;
WHEREAS THE DEVELOPMENT OF THE AIR TRAFFIC SYSTEM IN THE GREEK ISLANDS IS AT PRESENT INADEQUATE AND FOR THIS REASON AIRPORTS SITUATED ON THOSE ISLANDS SHOULD BE TEMPORARILY EXEMPTED FROM THE APPLICATION OF THIS DIRECTIVE ,
ARTICLE 1
THIS DIRECTIVE SHALL APPLY TO PROCEDURES FOR AUTHORIZING THOSE SCHEDULED INTER-REGIONAL AIR SERVICES , FOR THE DEVELOPMENT OF INTERNAL COMMUNITY AIR TRANSPORT FOR THE CARRIAGE :
- OF PASSENGERS , OR
- OF PASSENGERS IN COMBINATION WITH MAIL AND/OR CARGO ,
ON JOURNEYS WHICH BOTH ORIGINATE AND END IN THE EUROPEAN TERRITORIES OF THE MEMBER STATES AND WHICH ARE OPERATED :
( A ) OVER STAGES EACH BEING MORE THAN 400 KILOMETRES , OR OVER STAGES OF LESS THAN 400 KILOMETRES WHERE AIR TRANSPORT ALLOWS A SUBSTANTIAL TIME SAVING COMPARED TO SURFACE TRANSPORT , BECAUSE OF NATURAL OBSTACLES SUCH AS SEA AND MOUNTAINS ;
( B ) BY AIRCRAFT WHICH HAVE A CAPACITY OF NOT MORE THAN 70 PASSENGER SEATS OR A MAXIMUM TAKEOFF WEIGHT OF NOT MORE THAN 30 TONNES ; AND
( C ) BETWEEN TWO AIRPORTS IN THE COMMUNITY WHICH ARE OPEN TO INTERNATIONAL SCHEDULED TRAFFIC OF CATEGORY 2 AND 2 , 2 AND 3 OR 3 AND 3 RESPECTIVELY . THE CLASSIFICATION OF AIRPORTS IS CONTAINED IN ANNEX A .
ARTICLE 2
FOR THE PURPOSES OF THIS DIRECTIVE :
( A ) " SCHEDULED AIR SERVICE " MEANS A SERIES OF FLIGHTS EACH POSSESSING ALL THE FOLLOWING CHARACTERISTICS :
( I ) IT IS PERFORMED AS DEFINED IN ARTICLE 1 FOR REMUNERATION , IN SUCH A MANNER THAT EACH FLIGHT IS OPEN TO USE BY MEMBERS OF THE PUBLIC ;
( II ) IT IS OPERATED SO AS TO SERVE TRAFFIC BETWEEN THE SAME TWO OR MORE POINTS , EITHER
1 . ACCORDING TO A PUBLISHED TIMETABLE , OR
2 . WITH FLIGHTS SO REGULAR OR FREQUENT THAT THEY CONSTITUTE A RECOGNIZED SYSTEMATIC SERIES ;
( B ) " INTER-REGIONAL AIR SERVICE " MEANS A SCHEDULED AIR SERVICE WHICH MAY BE AUTHORIZED IN ACCORDANCE WITH ARTICLE 1 ;
( C ) " AIR CARRIER " MEANS :
( I ) AN AIR TRANSPORT ENTERPRISE WHICH HAS ITS CENTRAL ADMINISTRATION AND PRINCIPAL PLACE OF BUSINESS IN THE COMMUNITY , THE MAJORITY OF WHOSE SHARES ARE OWNED BY NATIONALS OF MEMBER STATES AND/OR MEMBER STATES AND WHICH IS EFFECTIVELY CONTROLLED BY SUCH PERSONS OR STATES , OR
( II ) AN AIR TRANSPORT ENTERPRISE WHICH , ALTHOUGH IT DOES NOT MEET THE DEFINITION SET OUT IN ( I ) ABOVE , AT THE TIME OF ADOPTION OF THIS DIRECTIVE :
A . EITHER HAS ITS CENTRAL ADMINISTRATION AND PRINCIPAL PLACE OF BUSINESS IN THE COMMUNITY AND HAS BEEN PROVIDING SCHEDULED OR NON-SCHEDULED AIR SERVICES IN THE COMMUNITY DURING THE 12 MONTHS PRIOR TO ADOPTION OF THIS DIRECTIVE ;
B . OR HAS BEEN PROVIDING SCHEDULED SERVICES BETWEEN MEMBER STATES ON THE BASIS OF THE THIRD AND FOURTH FREEDOMS OF THE AIR DURING THE 12 MONTHS PRIOR TO ADOPTION OF THIS DIRECTIVE .
THE ENTERPRISES WHICH MEET THE ABOVE CRITERIA ARE LISTED IN ANNEX B .
( D ) " HOME STATE " MEANS THE MEMBER STATE IN WHICH THE AIR CARRIER IS ESTABLISHED AS AN AIR TRANSPORT OPERATOR FOR COMMERCIAL PURPOSES ;
( E ) " STATE AFFECTED " MEANS A MEMBER STATE , OTHER THAN THE HOME STATE , IN WHICH THE AIRPORTS OF AN INTER-REGIONAL AIR SERVICE ARE SITUATED .
ARTICLE 3
1 . THE HOME STATE OF THE AIR CARRIER CONCERNED , IF IT GIVES ITS APPROVAL , SHALL FORWARD THE APPLICATION FOR AN INTER-REGIONAL AIR SERVICE TO THE STATE AFFECTED .
2 . THE STATE AFFECTED SHALL AUTHORIZE THE AIR CARRIER CONCERNED TO OPERATE SUCH AN INTER-REGIONAL AIR SERVICE IF IT CONFORMS TO THE PROVISIONS OF THIS DIRECTIVE .
HOWEVER , THIS PROVISION SHALL NOT TAKE EFFECT , IF , AT THE TIME OF APPLICATION FOR AUTHORIZATION :
( A ) AN INDIRECT SCHEDULED AIR SERVICE ALREADY EXISTS BETWEEN THE TWO AIRPORTS CONCERNED , OR BETWEEN OTHER AIRPORTS WITHIN 50 KILOMETRES OF EITHER OF THEM , WHICH INVOLVES :
- A TOTAL TRANSIT TIME BETWEEN FLIGHT SECTORS OF LESS THAN 90 MINUTES , AND
- AN INCREASE IN TOTAL FLIGHT TIME COMPARED WITH THE PROPOSED INTER-REGIONAL AIR SERVICE OF LESS THAN 50 % , OR
( B ) A SCHEDULED AIR SERVICE ALREADY EXISTS :
- BETWEEN ONE OF THE TWO AIRPORTS CONCERNED AND ANOTHER AIRPORT SITUATED WITHIN 50 KILOMETRES OF THE OTHER AIRPORT CONCERNED , OR
- BETWEEN TWO OTHER AIRPORTS SITUATED , IN EACH CASE , WITHIN 50 KILOMETRES OF ONE OF THE TWO AIRPORTS CONCERNED .
3 . WHEN THE HOME STATE FORWARDS AN APPLICATION FOR AN INTER-REGIONAL AIR SERVICE TO THE STATE AFFECTED , THAT STATE SHALL , WITHIN THREE MONTHS OF RECEIPT , REACH A DECISION EITHER AUTHORIZING THE SERVICE APPLIED FOR OR REFUSING IT ON THE GROUNDS PROVIDED FOR IN THIS ARTICLE OR IN ARTICLE 6 , AND NOTIFY THE HOME STATE AND THE COMMISSION OF THE DECISION .
ARTICLE 4
AN INTER-REGIONAL AIR SERVICE SHALL NOT BE APPROVED UNDER THE TERMS OF THIS DIRECTIVE UNLESS THE POINT OF ORIGIN OF THE SERVICE IS LOCATED IN THE HOME STATE OF THE AIR CARRIER .
ARTICLE 5
1 . THE AUTHORIZATIONS REFERRED TO IN ARTICLE 3 SHALL GIVE THE AIR CARRIER CONCERNED THE RIGHT TO PICK UP AND SET DOWN THE CLASSES OF TRAFFIC MENTIONED IN ARTICLE 1 .
2 . THE AUTHORIZATIONS MENTIONED IN PARAGRAPH 1 SHALL BE VALID FOR A PERIOD OF AT LEAST THREE YEARS , OR SUCH LESSER PERIOD AS MAY BE DESIRED BY THE AIR CARRIER CONCERNED , UNLESS REVOKED OR WITHDRAWN BECAUSE THE SERVICE IN QUESTION NO LONGER COMPLIES WITH THE CONDITIONS UNDER WHICH IT WAS AUTHORIZED .
3 . AN AUTHORIZATION SHALL LAPSE IF THE AIR CARRIER CONCERNED FAILS TO COMMENCE OPERATIONS WITHIN ONE YEAR AFTER THE INAUGURATION DATE INDICATED IN THAT AUTHORIZATION .
4 . SHOULD AN AIR CARRIER NOT ENJOY THE RIGHT TO OVERFLY OR LAND FOR NON-TRAFFIC PURPOSES IN THE TERRITORY OF A MEMBER STATE , THAT STATE SHALL ACCORD HIM THOSE RIGHTS FOR THE PURPOSES OF OPERATING ANY INTER-REGIONAL AIR SERVICE UNDER THE PROVISIONS OF THIS DIRECTIVE .
ARTICLE 6
1 . A STATE AFFECTED SHALL AUTHORIZE AN INTER-REGIONAL AIR SERVICE UNLESS ONE OR MORE OF THE FOLLOWING GROUNDS PRECLUDE SUCH AUTHORIZATION , AND PROVIDED THAT THESE DO NOT DISCRIMINATE AGAINST INTER-REGIONAL AIR SERVICES :
( A ) THE AIRPORT AFFECTED IN THAT STATE HAS INSUFFICIENT FACILITIES TO ACCOMMODATE THE SERVICE ;
( B ) NAVIGATIONAL AIDS IN THAT STATE ARE INADEQUATE TO ACCOMMODATE THE SERVICE ;
( C ) THE TRAFFIC COVERED BY THE AIR SERVICE APPLIED FOR IS ALREADY SATISFACTORILY CATERED FOR , BOTH AS TO QUALITY AND AS TO QUANTITY , BY EXISTING DIRECT AIR SERVICES BETWEEN THE TWO AIRPORTS CONCERNED .
2 . WHERE AN AIR CARRIER OF ONE MEMBER STATE HAS BEEN AUTHORIZED TO OPERATE AN INTER-REGIONAL AIR SERVICE , THE HOME STATE OF THAT AIR CARRIER SHALL RAISE NO OBJECTION TO AN APPLICATION FOR THE INTRODUCTION OF AN INTER-REGIONAL SERVICE ON THE SAME ROUTE BY AN AIR CARRIER OF THE STATE AFFECTED .
ARTICLE 7
THE HOME STATE AND THE STATE AFFECTED SHALL APPROVE THE TARIFFS CHARGED BY AN AIR CARRIER ON A GIVEN INTER-REGIONAL AIR SERVICE WITHOUT OUTSIDE SUBSIDY ON THE BASIS THAT THEY :
( A ) ARE IN REASONABLE PROPORTION TO THE COSTS OF THE AIR CARRIER'S OPERATIONS FOR THAT SERVICE WITHOUT DIRECT OR INDIRECT STATE AID , WHILE PERMITTING A SATISFACTORY RETURN ON CAPITAL ; AND
( B ) DO NOT HAVE THE CHARACTER OF DUMPING .
ARTICLE 8
THE TERRITORIES OF THE MEMBER STATES COVERED BY THIS DIRECTIVE MEANS THE EUROPEAN TERRITORIES OF THE MEMBER STATES TO WHICH THE TREATY APPLIES .
ARTICLE 9
THE PROVISIONS OF THIS DIRECTIVE SHALL NOT PREJUDICE THE LAWS AND REGULATIONS OF THE MEMBER STATES , APPLICABLE EITHER NATIONALLY , REGIONALLY OR LOCALLY , CONCERNING THE PROTECTION OF THE ENVIRONMENT OR SOCIAL CONDITIONS , NOR MATTERS RELATED TO THE LOCATION , OPERATION OR SAFETY OF AIRPORTS OR THEIR FACILITIES . SUCH LAWS AND REGULATIONS SHALL NOT , HOWEVER , DISCRIMINATE AGAINST INTER-REGIONAL AIR SERVICES .
ARTICLE 10
1 . THE HOME STATE AND A STATE AFFECTED MAY BY AGREEMENT APPLY LESS RESTRICTIVE PROVISIONS WHILST RESPECTING THE PRESENT DIRECTIVE .
2 . THIS DIRECTIVE SHALL NOT RESTRICT ANY TRAFFIC RIGHT WHICH , AT THE TIME OF ADOPTION OF THIS DIRECTIVE , HAS BEEN GRANTED BY ONE MEMBER STATE TO ANOTHER , AND BY VIRTUE OF WHICH AN AIR CARRIER HAS BEEN OR CAN BE AUTHORIZED TO OPERATE AN AIR SERVICE .
ARTICLE 11
A STATE AFFECTED WHICH REFUSES AN AUTHORIZATION , AS PROVIDED FOR IN ARTICLES 3 AND 6 , SHALL ON REQUEST STATE IN WRITING THE REASONS ON WHICH THE DECISION IS BASED .
ARTICLE 12
1 . THE COMMISSION SHALL PRESENT AN ANNUAL REPORT TO THE COUNCIL ON THE OPERATION OF THIS DIRECTIVE , WHICH SHALL INCLUDE STATISTICAL INFORMATION ON THE NUMBERS OF INTER-REGIONAL AIR SERVICES APPROVED , AUTHORIZED OR REFUSED , AND THE NUMBERS OF SUCH SERVICES WHICH HAVE COMMENCED OR TERMINATED DURING THE PERIOD UNDER REFERENCE .
2 . MEMBER STATES AND THE COMMISSION SHALL COOPERATE IN THE APPLICATION OF THIS DIRECTIVE , PARTICULARLY AS REGARDS THE COLLECTION OF THE INFORMATION MENTIONED IN PARAGRAPH 1 .
ARTICLE 13
THE COUNCIL SHALL REVIEW THE OPERATION OF THIS DIRECTIVE BEFORE 1 JULY 1986 ON THE BASIS OF THE REPORTS FURNISHED BY THE COMMISSION .
ARTICLE 14
1 . THE MEMBER STATES SHALL , AFTER CONSULTATION OF THE COMMISSION , TAKE THE NECESSARY STEPS TO AMEND THEIR LAWS AND ADMINISTRATIVE PROVISIONS TO BRING THEM INTO CONFORMITY WITH THIS DIRECTIVE NOT LATER THAN 1 OCTOBER 1984 .
2 . THE MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION ALL LAWS AND ADMINISTRATIVE PROVISIONS MADE IN FURTHERANCE OF THIS DIRECTIVE .
ARTICLE 15
1 . AIRPORTS IN THE GREEK ISLANDS SHALL BE EXEMPTED FROM THE APPLICATION OF THIS DIRECTIVE UNTIL 1 JULY 1993 .
2 . UNLESS OTHERWISE DECIDED BY THE COUNCIL ON A PROPOSAL FROM THE COMMISSION , THIS EXEMPTION SHALL APPLY FOR A FURTHER PERIOD OF FIVE YEARS AND MAY BE CONTINUED FOR FIVE YEARS THEREAFTER .
3 . THE COMMISSION SHALL PROVIDE A REPORT ON THE DEVELOPMENT OF THE AIR TRAFFIC SYSTEM IN THE GREEK ISLANDS BY 31 DECEMBER 1991 , AND A FURTHER REPORT BY 31 DECEMBER 1996 .
ARTICLE 16
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES . | [
"UKSI19892004"
] |
31983L0477 | 1983 | Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC)
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the Council resolution of 29 June 1978 on an action programme of the European Communities on safety and health at work (4) provides for the establishment of specific harmonized procedures regarding the protection of workers with respect to asbestos;
Whereas Council Directive 80/1107/EEC of 27 November 1980 on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work (5) laid down certain provisions which have to be taken into account for this protection; whereas that Directive provides for the laying down in individual Directives of limit values and specific requirements for those agents listed in Annex I, which include asbestos;
Whereas asbestos is a harmful agent found in a large number of circumstances at work; whereas many workers are therefore exposed to a potential health risk; whereas crocidolite is considered to be a particularly dangerous type of asbestos;
Whereas, although current scientific knowledge is not such that a level can be established below which risks to health cease to exist, a reduction in exposure to asbestos will nonetheless reduce the risk of developing asbestos-related disease; whereas this Directive includes minimum requirements which will be reviewed on the basis of experience acquired and of developments in technology in this area;
Whereas optical microscopy, although it does not allow a counting of the smallest fibres detrimental to health, is the most currently used method for the regular measuring of asbestos;
Whereas, therefore, preventive measures for the protection of the health of workers exposed to asbestos and the commitment envisaged for Member States with regard to the surveillance of their health are important,
Article 1
1. This Directive, which is the second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC, has as its aim the protection of workers against risks to their health, including the prevention of such risks, arising or likely to arise from exposure to asbestos at work. It lays down limit values and other specific requirements.
2. This Decision shall not apply to:
- sea transport,
- air transport.
3. This Directive shall not prejudice the right of Member States to apply or introduce laws, regulations or administrative provisions ensuring greater protection for workers, in particular as regards the replacement of asbestos by less-dangerous substitutes.
Article 2
For the purposes of this Directive, 'asbestos' means the following fibrous silicates:
- Actinolite, CAS No 77536-66-4 (*) (1),
- Asbestos gruenerite (amosite) CAS No 12172-73-5 (*) (1),
- Anthophyllite, CAS No 77536-67-5 (*) (1),
- Chrysotile, CAS No 12001-29-5 (1),
- Crocidolite, CAS No 12001-28-4 (1),
- Tremolite, CAS No 77536-68-6 (*) (1).
Article 3
1. This Directive shall apply to activities in which workers are or may be exposed in the course of their work to dust arising from asbestos or materials containing asbestos.
2. In the case of any activity likely to involve a risk of exposure to dust arising from asbestos or materials containing asbestos, this risk must be assessed in such a way as to determine the nature and degree of the workers' exposure to dust arising from asbestos or materials containing asbestos.
3. If the assessment referred to in paragraph 2 shows that the concentration of asbestos fibres in the air at the place of work in the absence of any individual protective equipment is, at the option of the Member States, at a level as measured or calculated in relation to an eight-hour reference period,
- lower than 0,25 fibre per cm3 and/or
- lower than a cumulative dose of 15,00 fibre-days per cm3 over three months,
Articles 4, 7, 13, 14 (2), 15 and 16 shall not apply.
4. The assessment provided for in paragraph 2 shall be the subject of consultation with the workers and/or their representatives within the undertaking or establishment and shall be revised where there is reason to believe that it is incorrect or there is a material change in the work.
Article 4
Subject to Article 3 (3), the following measures shall be taken:
1. The activities referred to in Article 3 (1) must be covered by a notification system administered by the responsible authority of the Member State.
2. The notification must be submitted by the employer to the responsible authority of the Member State, in accordance with national laws, regulations and administrative provisions. This notification must include at least a brief description of:
- the types and quantities of asbestos used,
- the activities and processes involved,
- the products manufactured.
3. Workers and/or their representatives in undertakings or establishments shall have access to the documents which are the subject of notification concerning their own undertaking or establishment in accordance with national laws.
4. Each time an important change occurs in the use of asbestos or of materials containing asbestos, a new notification must be submitted.
Article 5
The application of asbestos by means of the spraying process must be prohibited.
Article 6
For all activities referred to in Article 3 (1), the exposure of workers to dust arising from asbestos or materials containing asbestos at the place of work must be reduced to as low a level as is reasonably practicable and in any case below the limit values laid down in Article 8, in particular through the following measures if appropriate:
1. The quantity of asbestos used in each case must be limited to the minimum quantity which is reasonably practicable.
2. The number of workers exposed or likely to be exposed to dust arising from asbestos or materials containing asbestos must be limited to the lowest possible figure.
3. Work processes must, in principle, be so designed as to avoid the release of asbestos dust into the air.
If this is not reasonably practicable, the dust should be eliminated as near as possible to the point where it is released.
4. All buildings and/or plant and equipment involved in the processing or treatment of asbestos must be capable of being regularly and effectively cleaned and maintained.
5. Asbestos as a raw material must be stored and transported in suitable sealed packing.
6. Waste must be collected and removed from the place of work as soon as possible in suitable sealed packing with labels indicating that it contains asbestos. This measure shall not apply to mining activities.
The waste referred to in the preceding paragraph shall then be dealt with in accordance with Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste (1).
Article 7
Subject to Article 3 (3), the following measures shall be taken:
1. In order to ensure compliance with the limit values laid down in Article 8, the measurement of asbestos in the air at the place of work shall be carried out in accordance with the reference method described in Annex I or any other method giving equivalent results. Such measurement must be planned and carried out regularly, with sampling being representative of the personal exposure of the worker to dust arising from asbestos or materials containing asbestos.
For the purposes of measuring asbestos in the air, as referred to in the preceding paragraph, only fibres with a length of more than five micrometres and a length/breadth ratio greater than 3: 1 shall be taken into consideration.
The Council, acting on a proposal from the Commission, and taking account in particular of progress made in scientific knowledge and technology and of experience gained in the application of this Directive, shall re-examine the provisions of the first sentence of paragraph 1 within five years following the adoption of this Directive, with a view to establishing a single method for measurement of asbestos-in-air concentrations at Community level.
2. Sampling shall be carried out after consulting the workers and/or their representatives in undertakings or establishments.
3. Sampling shall be carried out by suitably qualified personnel. The samples taken shall be subsequently analyzed in laboratories equipped to analyze them and qualified to apply the necessary identification techniques.
4. The amount of asbestos in the air shall be measured as a general rule at least every three months and, in any case, whenever a technical change is introduced. The frequency of measurements may, however, be reduced in the circumstances specified in paragraph 5.
5. The frequency of measurements may be reduced to once a year where:
- there is no substantial change in conditions at the place of work, and
- the results of the two preceding measurements have not exceeded half the limit values fixed in Article 8.
Where groups of workers are performing identical or similar tasks at the same place and are thus being exposed to the same health risk, sampling may be carried out on a group basis.
6. The duration of sampling must be such that representative exposure can be established for an eight-hour reference period (one shift) by means of measurements or time-weighted calculations. The duration of the various sampling processes shall be determined also on the basis of point 6 of Annex I.
Article 8
The following limit values shall be applied:
(a) concentration of asbestos fibres other than crocidolite in the air at the place of work:
1,00 fibres per cm3 measured or calculated in relation to an eight-hour reference period;
(b) concentration of crocidolite fibres in the air at the place of work:
0,50 fibres per cm3 measured or calculated in relation to an eight-hour reference period;
(c) concentration of asbestos fibres in the air at the place of work in the case of mixtures of crocidolite and other asbestos fibres:
the limit value is at a level calculated on the basis of the limit values laid down in (a) and (b), taking into account the proportions of crocidolite and other asbestos types in the mixture.
Article 9
The Council, acting on a proposal from the Commission, shall, taking into account, in particular, progress made in scientific knowledge and technology and in the light of experience gained in applying this Directive, review the provisions laid down in Article 3 (3) and in Article 8 before 1 January 1990.
Article 10
1. Where the limit values laid down in Article 8 are exceeded, the reasons for the limits being exceeded must be identified and appropriate measures to remedy the situation must be taken as soon as possible.
Work may not be continued in the affected area until adequate measures have been taken for the protection of the workers concerned.
2. In order to check the effectiveness of the measures mentioned in the first subparagraph of paragraph 1, a further determination of the asbestos-in-air concentrations shall be carried out immediately.
3. Where exposure cannot reasonably be reduced by other means and where the wearing of individual respiratory protective equipment proves necessary, this may not be permanent and shall be kept to the strict minimum necessary for each worker.
Article 11
1. In the case of certain activities in respect of which it is foreseeable that the limit values laid down in Article 8 will be exceeded and in respect of which technical preventive measures for limiting asbestos-in-air concentrations are not reasonably practicable, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following:
(a) workers shall be issued with suitable respiratory equipment and other personal protective equipment, which must be worn; and
(b) warning signs shall be put up indicating that it is foreseeable that the limit values laid down in Article 8 will be exceeded.
2. The workers and/or their representatives in the undertaking or establishment shall be consulted on these measures before the activities concerned are carried out.
Article 12
1. A plan of work shall be drawn up before demolition work or work on removing asbestos and/or asbestos-containing products from buildings, structures, plant or installations or from ships is started.
2. The plan referred to in paragraph 1 must prescribe the measures necessary to ensure the safety and health of workers at the place of work.
The plan must in particular specify that:
- as far as is reasonably practicable, asbestos and/or asbestos-containing products are removed before demolition techniques are applied,
- the personal protective equipment referred to in Article 11 (1) (a) is provided, where necessary.
Article 13
1. In the case of all activities referred to in Article 3 (1), and subject to Article 3 (3), appropriate measures shall be taken to ensure that:
(a) the places in which the above activities take place shall:
(i) be clearly demarcated and indicated by warning signs;
(ii) not be accessible to workers other than those who by reason of their work or duties are required to enter them;
(iii) constitute areas where there should be no smoking;
(b) areas are set aside where workers can eat and drink without risking contamination by asbestos dust;
(c) (i) workers are provided with appropriate working or protective clothing;
(ii) this working or protective clothing remains within the undertaking. It may, however, be laundered in establishments outside the undertaking which are equipped for this sort of work if the undertaking does not carry out the cleaning itself; in that event the clothing shall be transported in closed containers;
(iii) separate storage places are provided for working or protective clothing and for street clothes;
(iv) workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations;
(v) protective equipment shall be placed in a well-defined place and shall be checked and cleaned after each use; appropriate measures shall be taken to repair or replace defective equipment before further use.
2. Workers may not be charged with the cost of measures taken pursuant to paragraph 1. Article 14
1. In the case of all activities referred to in Article 3 (1), appropriate measures shall be taken to ensure that workers and their representatives in the undertaking or establishment receive adequate information concerning:
- the potential risks to health from exposure to dust arising from asbestos or materials containing asbestos,
- the existence of statutory limit values and the need for the atmosphere to be monitored,
- hygiene requirements, including the need to refrain from smoking,
- the precautions to be taken as regards the wearing and use of protective equipment and clothing,
- special precautions designed to minimize exposure to asbestos.
2. In addition to the measures referred to in paragraph 1, and subject to Article 3 (3), appropriate measures shall be taken to ensure that:
(a) workers and/or their representatives in the undertaking or establishment have access to the results of asbestos-in-air concentration measurements and can be given explanations of the significance of those results;
(b) if the results exceed the limit values laid down in Article 8 the workers concerned and their representatives in the undertaking or establishment are informed as quickly as possible of the fact and the reason for it and the workers and/or their representatives in the undertaking or establishment are consulted on the measures to be taken or, in an emergency, are informed of the measures which have been taken.
Article 15
Subject to Article 3 (3) the following measures shall be taken:
1. An assessment of each worker's state of health must be available prior to the beginning of exposure to dust arising from asbestos or materials containing asbestos at the place of work.
This assessment must include a specific examination of the chest. Annex II gives practical recommendations to which the Member States may refer for the clinical surveillance of workers; these recommendations shall be adapted to technical progress in accordance with the procedure set out in Article 10 of Directive 80/1107/EEC.
A new assessment must be available at least once every three years for as long as exposure continues.
An individual health record shall be established in accordance with national laws and practices for each worker referred to in the first subparagraph.
2. Following the clinical surveillance referred to in point 1, the doctor or authority responsible for the medical surveillance of the workers should, in accordance with national laws, advise on or determine any individual protective or preventive measures to be taken; these may include, where appropriate, the withdrawal of the worker concerned from all exposure to asbestos.
3. Information and advice must be given to workers regarding any assessment of their health which they may undergo following the end of exposure.
4. The worker concerned or the employer may request a review of the assessments referred to in point 2, in accordance with national laws.
Article 16
Subject to Article 3 (3) the following measures shall be taken:
1. The employer must enter the workers responsible for carrying out the activities referred to in Article 3 (1) in a register, indicating the nature and duration of the activity and the exposure to which they have been subjected. The doctor and/or the authority responsible for medical surveillance shall have access to this register. Each worker shall have access to the results in the register which relate to him personally. The workers and/or their representatives shall have access to anonymous, collective information in the register.
2. The register referred to in point 1 and the medical records referred to in point 1 of Article 15 shall be kept for at least 30 years following the end of exposure, in accordance with national laws.
Article 17
Member States shall keep a register of recognized cases of asbestosis and
Article 18
1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1987. They shall forthwith inform the Commission thereof. The date 1 January 1987 is, however, postponed until 1 January 1990 in the case of asbestos-mining activities. 2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.
Article 19
This Directive is addressed to the Member States. | [
"UKSI19872115"
] |
31983L0513 | 1983 | Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (1), and in particular Articles 6 and 12 thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee (4),
Whereas, in order to protect the aquatic environment of the Community against pollution by certain dangerous substances, Article 3 of Directive 76/464/EEC introduces a system of prior authorization laying down emission standards for discharges of the substances in List I in the Annex thereto ; whereas Article 6 of the said Directive provides that limit values shall be laid down for such emission standards and also quality objectives for the aquatic environment affected by discharges of these substances;
Whereas cadmium and its compounds are included in List I;
Whereas the Member States are required to apply the limit values except in the cases where they may employ quality objectives;
Whereas, since pollution due to the discharge of cadmium into water is caused by a large number of industries, it is necessary to lay down specific limit values according to the type of industry concerned and to lay down quality objectives for the aquatic environment into which cadmium is discharged by such industries;
Whereas at the present time it is not, however, possible to establish limit values for discharges arising from the manufacture of phosphoric acid and phosphatic fertilizer from phosphatic rock;
Whereas the purpose of the quality objectives must be to eliminate cadmium pollution of the various parts of the aquatic environment which might be affected by cadmium discharges;
Whereas such quality objectives must be laid down expressly for this purpose and not with the intention of establishing rules pertaining to consumer protection or to the marketing of products from the aquatic environment; (1) OJ No L 129, 18.5.1976, p. 23. (2) OJ No C 118, 21.5.1981, p. 3. (3) OJ No C 334, 20.12.1982, p. 138. (4) OJ No C 230, 10.9.1981, p. 22.
Whereas a specific monitoring procedure should be laid down to enable Member States to demonstrate that the quality objectives are being complied with;
Whereas provision should be made for the monitoring by Member States of the aquatic environment affected by the aforesaid cadmium discharges with a view to effective implementation of this Directive ; whereas Article 6 of Directive 76/464/EEC does not provide for the powers to introduce such monitoring ; whereas, since the specific powers have not been provided for in the Treaty, Article 235 thereof should be invoked;
Whereas it is important that the Commission forward to the Council, every five years, a comparative assessment of the implementation of this Directive by Member States;
Whereas, since groundwater is the subject of Directive 80/68/EEC (1), it is excluded from the scope of this Directive;
Whereas the level of industrialization is very low in Greenland because of the overall situation of the island, and in particular the fact that it is sparsely populated, its considerable size and its special geographical position ; whereas, therefore, this Directive should not apply to Greenland,
Article 1
1. This Directive: - in pursuance of Article 6 (1) of Directive 76/464/EEC, lays down limit values for emission standards for cadmium in discharges from industrial plants as defined in Article 2 (e) hereof,
- in pursuance of Article 6 (2) of Directive 76/464/EEC, lays down quality objectives for cadmium in the aquatic environment,
- in pursuance of Article 6 (4) of Directive 76/464/EEC, lays down the time limits for compliance with the conditions specified in the authorizations granted by the competent authorities of Member States in respect of existing discharges,
- in pursuance of Article 12 (1) of Directive 76/464/EEC, lays down the reference methods of measurement enabling the cadmium content in discharges and in the aquatic environment to be determined,
- in pursuance of Article 6 (3) of Directive 76/464/EEC, establishes a monitoring procedure,
- requires Member States to cooperate with one another in the case of discharges affecting the waters of more than one Member State.
2. This Directive applies to the waters referred to in Article 1 of Directive 76/464/EEC with the exception of groundwater.
Article 2
For the purposes of this Directive: (a) "cadmium" means: - the chemical element cadmium,
- the cadmium contained in any of its compounds;
(b) "limit values" means the values specified in Annex I;
(c) "quality objectives" means the requirements specified in Annex II;
(d) "handling of cadmium" means any industrial process involving the use or production of cadmium, or any other process in which the presence of cadmium is inherent;
(e) "industrial plant" means any plant at which cadmium or any substance containing cadmium is handled;
(f) "existing plant" means an industrial plant which is operational on the date of notification of this Directive;
(g) "new plant" means: - an industrial plant which has become operational after the date of notification of this Directive,
- an existing industrial plant whose cadmium-processing capacity has been substantially increased after the date of notification of this Directive.
Article 3
1. The limit values, the time limits by which they must be complied with and the (1) OJ No L 20, 26.1.1980, p. 43. monitoring procedure for discharges are laid down in Annex I.
2. The limit values shall normally apply at the point where waste waters containing cadmium leave the industrial plant.
When waste waters containing cadmium are treated outside the industrial plant at a treatment plant intended for the removal of cadmium, the Member State may permit the limit values to be applied at the point where the waste waters leave the treatment plant.
3. The authorizations referred to in Article 3 of Directive 76/464/EEC must contain provisions at least as stringent as those in Annex I to this Directive, except where a Member State is complying with Article 6 (3) of Directive 76/464/EEC on the basis of Annexes II and IV to this Directive.
Authorizations shall be reviewed at least every four years.
4. Without prejudice to their obligations arising from paragraphs 1, 2 and 3 and to the provisions of Directive 76/464/EEC, Member States may grant authorizations for new plants only if those plants apply the standards corresponding to the best technical means available when that is necessary for the elimination of pollution in accordance with Article 2 of the said Directive or for the prevention of distortion of competition.
Whatever method it adopts, the Member State shall, where for technical reasons the intended measures do not correspond to the best technical means available, provide the Commission, before any authorization, with evidence in support of these reasons.
The Commission shall forward this evidence to the other Member States immediately and shall send all Member States a report as soon as possible giving its opinion on the derogation referred to in the second subparagraph. If necessary, it shall at the same time submit appropriate proposals to the Council.
5. The reference method of analysis to be used in determining the presence of cadmium is given in Annex III (1). Other methods may be used provided that the limits of detection, precision and accuracy of such methods are at least as good as those laid down in Annex III (1). The accuracy required in the measurement of effluent flow is given in Annex III (2).
Article 4
The Member States concerned shall be responsible for monitoring the aquatic environment affected by industrial discharges.
In the case of discharges affecting the waters of more than one Member State, the Member States concerned shall cooperate with a view to harmonizing monitoring procedures.
Article 5
1. The Commission shall make a comparative assessment of the implementation of this Directive by Member States on the basis of information supplied to it by them pursuant to Article 13 of Directive 76/464/EEC at its request, which it must submit case by case. The information concerned shall, in particular, comprise: - details of authorizations laying down emission standards for discharges of cadmium,
- the results of the inventory of cadmium discharged into the waters referred to in Article 1 (2),
- the results of measurements made by the national network set up to determine concentrations of cadmium.
2. The Commission shall forward the comparative assessment referred to in paragraph 1 to the Council every five years, and for the first time four years after notification of this Directive.
3. In the event of a change in scientific knowledge relating principally to the toxicity, persistence and accumulation of cadmium in living organisms and sediments, or in the event of an improvement in the best technical means available, the Commission shall submit appropriate proposals to the Council with the aim of reinforcing, if necessary, the limit values and the quality objectives or of establishing new limit values and new quality objectives.
Article 6
1. Member States shall bring into force the measures necessary to comply with this Directive within two years following its notification. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive.
Article 7
This Directive shall not apply to Greenland.
Article 8
This Directive is addressed to the Member States. | [
"UKSI19892286"
] |
31983L0570 | 1983 | Council Directive 83/570/EEC of 26 October 1983 amending Directives 65/65/EEC, 75/318/EEC and 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the Directives on the approximation of the laws relating to proprietary medicinal products must be adapted to scientific progress and take account of the experience obtained since their adoption;
Whereas Article 15 (2) of Second Council Directive 75/319/EEC of 20 May 1975 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products (3) provides that the Commission shall submit to the Council a proposal containing appropriate measures leading towards the abolition of any remaining barriers to the free movement of proprietary medicinal products, not later than four years after the entry into force of the abovementioned Directive;
Whereas it is necessary from the point of view of public health and the free movement of medicinal products for the competent authorities to have at their disposal all useful information on authorized proprietary products, based in particular on summaries, adopted in the other Member States, of the characteristics of products;
Whereas it is necessary to specify certain provisions relating to physicochemical, biological or microbiological tests on proprietary medicinal products and to introduce the principle of bio-availability and mutagenesis tests in order to safeguard public health; (1) OJ No C 287, 9.11.1981, p. 127. (2) OJ No C 189, 30.7.1981, p. 39. (3) OJ No L 147, 9.6.1975, p. 13.
Whereas the approximation of laws brought about in this connection must enable a proprietary product, manufactured and marketed in one Member State on the basis of harmonized provisions, to be allowed into another Member State, taking into due consideration the initial authorization, save in exceptional cases submitted for an opinion to the Committee for Proprietary Medicinal Products set up by Directive 75/319/EEC,
Article 1
Council Directive 65/65/EEC of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products (1) is hereby amended as follows: 1. The second paragraph of Article 4 is amended as follows: (a) in point 6, "if less than three years" is deleted;
(b) in point 8 (a) of the English version, "a List of published references" is replaced by "a bibliography";
(c) point 9 is replaced by the following:
"9. A summary, in accordance with Article 4a, of the product characteristics, one or more specimens or mock-ups of the sales presentation of the proprietary product, together with a package leaflet where one is to be enclosed."
2. The following Article 4a is inserted:
"Article 4a
The summary of the product characteristics referred to in point 9 of the second paragraph of Article 4 shall contain the following information: 1. Name of the proprietary product.
2. Qualitative and quantitative composition in terms of the active ingredients and constituents of the excipient, knowledge of which is essential for proper administration of the medicinal product ; the international non-proprietary names recommended by the World Health Organization shall be used, where such names exist, or failing this, the usual common name or chemical description.
3. Pharmaceutical form.
4. Pharmacological properties and, in so far as this information is useful for therapeutic purposes, pharmacokinetic particulars.
5. Clinical particulars: 5.1. therapeutic indications,
5.2. contra-indications,
5.3. undesirable effects (frequency and seriousness),
5.4. special precautions for use,
5.5. use during pregnancy and lactation,
5.6. interaction with other medicaments and other forms of interaction,
5.7. posology and method of administration for adults and, where necessary, for children, (1) OJ No 22, 9.2.1965, p. 369/65.
5.8. overdose (symptoms, emergency procedures, antidotes)
5.9. special warnings,
5.10. effects on ability to drive and to use machines.
6. Pharmaceutical particulars: 6.1. incompatibilities (major),
6.2. shelf life, when necessary after reconstitution of the product or when the container is opened for the first time,
6.3. special precautions for storage,
6.4. nature and contents of container,
6.5. name or style and permanent address or registered place of business of the holder of the marketing authorization."
3. The following Article 4b is inserted:
"Article 4b
When the marketing authorization referred to in Article 3 is issued, the person responsible for placing that product on the market shall be informed, by the competent authorities of the Member State concerned, of the summary of the product characteristics as approved by them. The competent authorities shall take all necessary measures to ensure that the information given in the summary is in conformity with that accepted when the marketing authorization is issued or subsequently."
4. The following Article 9a is inserted:
"Article 9a
After an authorization has been issued, the person responsible for placing the product on the market must, in respect of the control methods provided for in Article 4 (7), take account of technical and scientific progress and introduce any changes that may be required to enable the proprietary medicinal product to be checked by means of generally accepted scientific methods. These changes must be accepted by the competent authorities of the Member State concerned."
5. Article 10 is amended as follows:
"Article 10
An authorization shall be valid for five years and be renewable for five-year periods on application by the holder at least three months before expiry."
6. The second paragraph of Article 11 shall be amended as follows:
"An authorization shall also be suspended or revoked where the particulars supporting the application as provided for in Articles 4 and 4a are incorrect or have not been amended in accordance with Article 9a, or when the controls referred to in Article 8 of this Directive or in Article 27 of Second Council Directive 75/319/EEC of 20 May 1975 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products (1)have not been carried out.
(1) OJ No L 147, 9.6.1975, p. 13." 7. in the first paragraph of Article 13, points 1, 2 and 7 are amended as follows:
" 1. Name of the proprietary products, which may be a brand name or a common name accompanied by a trade mark or the name of the manufacturer, or a scientific name accompanied by a trade mark or the name of the manufacturer.
Where the special name of a medicinal product containing only one active ingredient is a brand name, this name must be followed in legible characters by the international non-proprietary name recommended by the World Health Organization, where such name exists, or, where no such name exists, by the usual common name.
2. A statement of the active ingredients expressed qualitatively and quantitatively per dosage unit or according to the form of administration for a particular volume or weight, using the international non-proprietary names recommended by the World Health Organization, where such names exist, or, where no such names exist, the usual common names.
"
"7. Expiry date in plain language."
Article 2
The Annex to Council Directive 75/318/EEC of 20 May 1975 on the approximation of the laws of Member States relating to analytical, pharmaco-toxicological and clinical standards and protocols in respect of the testing of proprietary medicinal products (1) is hereby amended as follows: 1. In part 1 (C) 1, the seventh paragraph is replaced by the following:
"The routine tests carried out on each batch of starting materials must be as stated in the application for marketing authorization. If tests other than those mentioned in the pharmacopoeia are used, proof must be supplied that the starting materials meet the quality requirements of that pharmacopoeia."
The following is added to the eighth paragraph:
"The competent authorities shall inform the authorities responsible for the pharmacopoeia in question."
2. In part 1 (C) the following paragraph 3 is added:
"3. Physico-chemical characteristics liable to affect bio-availability
The following items of information concerning active ingredients, whether or not listed in the pharmacopoeias, shall be provided as part of the general description of the active principles if the bio-availability of the medicinal product depends on them: - crystalline form and solubility coefficients,
- particle size, where appropriate after pulverization,
- state of hydration,
- oil/water coefficient of partition (1).
The first three indents are not applicable to substances used solely in solution.
(1) The competent authorities may also request the pK and pH values if they think this information is essential." 3. In part 1 (E) the following is inserted as first paragraph:
"For the control of the finished product, a batch of a proprietary medicinal product comprises all the units of a pharmaceutical form which are made from the (1) OJ No L 147, 9.6.1975, p. 1. same initial mass of material and have undergone a single series of manufacturing operations or a single sterilization operation or, in the case of a continuous production process, all the units manufactured in a given period of time."
4. The following fourth paragraph is added to part 1 (E) (1):
"Furthermore, solid pharmaceutical forms having to be administered orally shall be subjected to in vitro studies on the liberation and dissolution rate of the active ingredient or ingredients ; these studies shall also be carried out where administration is by another means if the competent authorities of the Member State concerned consider this necessary. The conditions of the test, the apparatus employed and the standards shall be described in precise detail as long as they are not given in the European Pharmacopoeia or the national pharmacopoeia of the Member States ; the same shall apply in cases where the methods prescribed by such pharmacopoeias are not applicable."
5. In part 1 (E) (2) the following new paragraphs are inserted between the second and third paragraphs:
"Unless there is appropriate justification, the maximum acceptable deviation in the active-ingredient content of the finished product shall not exceed ± 5 % at the time of manufacture.
On the basis of the stability tests, the manufacturer must propose and justify maximum acceptable deviations in the active-ingredient content of the finished product up to the end of the proposed shelf-life."
6. In part 1 (E) (3), the third paragraph is replaced by the following:
"An upper limit test shall be obligatory in respect of preserving agents and any other excipient constituent liable to affect adversely physiological functions ; an upper and lower limit test shall be obligatory in respect of the excipient if it is liable to affect the bio-availability of an active substance, unless bio-availability is guaranteed by other appropriate tests."
7. In part 1 (E) (5), the first paragraph is replaced by the following:
"If general monographs on pharmaceutical forms appear in the European Pharmacopoeia or, failing this, in the national pharmacopoeias of the Member States, finished products must meet the requirements contained therein. If not, the finished-product specifications should include the following tests as appropriate for the formulation."
In addition, the ninth, 12th, 13th and 15th paragraphs are amended as follows:
Injectable preparations : "10 ml" is replaced by "15 ml".
"Ointments, creams, etc. : colour and consistency ; particle size of the active ingredients ; weight and acceptable margin of variation ; nature of container ; microbiological control tests, if necessary."
"Suspensions : colour, sedimentation rate ; where settlement occurs, the ease with which suspensions can be restored."
"Suppositories and pessaries : colour ; particle size of the active ingredients ; weight and acceptable variations in unit weight ; melting temperature or disintegration time, with the methods used to determine these."
8. In chapter I of part 2, the following section Da is inserted between titles D and E:
"Da. MUTAGENIC POTENTIAL
The purpose of the study of mutagenic potential is to reveal the changes which a substance may cause in the genetic material of individuals or cells and which have the effect of making successors permanently and hereditarily different from their predecessors. This study is obligatory for any new substance.
The number and types of results and the criteria for their evaluation shall depend on the state of scientific knowledge at the time when the application is lodged."
9. In chapter I of part 2, section E is replaced by:
"E. CARCINOGENIC POTENTIAL
Tests to reveal carcinogenic effects shall normally be required: 1. in respect of substances having a close chemical analogy with known carcinogenic or cocarcinogenic compounds;
2. in respect of substances which have given rise to suspicious changes during the long term toxicological tests;
3. in respect of substances which have given rise to suspicious results in the mutagenic-potential tests or in other short-term carcinogenicity tests.
Such tests may also be required in respect of substances to be included in proprietary medicinal products likely to be administered regularly over a prolonged period of a patient's life.
The state of scientific knowledge at the time when the application is lodged shall be taken into account when determining the details of the tests."
10. In chapter I (G) of part 2, the following new paragraph is inserted between the fourth and fifth paragraphs:
"For medicinal products which must be subjected to a bio-availability assessment, the data must include changes in the results as a function of time and, more generally, indicate the bio-availability of the product or of its metabolities."
11. Chapter II of part 3 is amended as follows: - the title is replaced by:
"A. PHARMACOLOGICAL PARTICULARS (Clinical pharmacology and bio-availability)"
- the following paragraph is added:
"5. The assessment of bio-availability must be undertaken in all cases where it is essential in the interests of patients, e.g. where the therapeutic safety index number is low or where the previous tests have revealed anomalies which may be related to variable absorption, or if this process is necessary for the proprietary products referred to in Article 4 (8) of Directive 65/65/EEC."
Article 3
Chapter III of Directive 75/319/EEC is hereby replaced by the following:
"CHAPTER III
Committee for Proprietary Medicinal Products
Article 8
1. In order to facilitate the adoption of a common position by the Member States with regard to decisions on the issuing of marketing authorizations and to promote thereby the free movement of proprietary medicinal products, a Committee for Proprietary Medicinal Products, hereinafter referred to as "the Committee", is hereby set up. The Committee shal consist of representatives of the Member States and of the Commission.
2. The Committee's task shall be to examine, at the request of a Member State or the Commission and in accordance with Articles 9 to 14, questions concerning the application of Articles 5, 11 or 20 of Directive 65/65/EEC.
3. The Committee shall draw up its own rules of procedure.
Article 9
1. In order to make it easier to obtain a marketing authorization in at least two other Member States taking into due consideration an authorization issued in one Member State in accordance with Article 3 of Directive 65/65/EEC, the holder of the latter authorization may submit an application to the competent authorities of the Member States concerned together with the information and documents referred to in Articles 4, 4a and 4b of Directive 65/65/EEC. He shall testify to its identity with the dossier accepted by the first Member State, specifying any additions it may contain, and shall certify that all the dossiers filed as part of this procedure are identical.
2. The holder of the marketing authorization shall notify the Committee of this application, inform it of the Member States concerned and send it a copy of his authorization. He shall also inform the Member State which granted him the initial authorization and notify it of any additions to the original dossier ; that State may require the applicant to provide it with all the particulars and documents necessary to enable it to check the identity of the dossiers filed with the dossier on which took its decision.
3. The holder of the marketing authorization shall notify the dates on which the dossiers were sent to the Member States concerned. As soon as the Committee has noted that all the Member States concerned are in possession of the dossier, it shall forthwith inform all the Member States and the applicant of the date on which the last Member State concerned received the dossier. The Member State(s) concerned shall either grant the authorization valid for their markets within a period of 120 days of the aforementioned date, taking into due consideration the authorization issued within the meaning of paragraph 1, or put forward a reasoned objection.
Article 10
1. Where a Member State considers that it is unable to grant a marketing authorization, it shall forward to the Committee and to the person responsible for placing the proprietary medicinal product on the market its reasoned objection in accordance with Article 5 of Directive 65/65/EEC, within the time limits stipulated in Article 9 (3).
2. Upon the expiry of this period, the matter shall be referred to the Committee and the procedure referred to in Article 14 shall be applied.
3. On receipt of the reasoned objection referred to in paragraph 1, the person responsible for placing the product on the market shall immediately send the Committee a copy of the particulars and documents enumerated in Article 9 (1).
Article 11
If several applications submitted in accordance with Articles 4 and 4a of directive 65/65/EEC have been made for a marketing authorization for a particular proprietary medicinal product, and one or more Member States have granted an authorization while one or more of the other Member States have refused it, one of the Member States concerned or the Commission may refer the matter to the Committee for application of the procedure referred to in Article 14 of this Directive.
The same shall apply where one or more Member States have suspended or revoked a marketing authorization while one or more other Member States have not done so.
In both cases, the person responsible for placing the proprietary medicinal product on the market shall be informed of any decision of the Committee to apply the procedure laid down in Article 14.
Article 12
The competent authorities of Member States may, in specific cases where the interests of the Community are involved, refer the matter to the Committee before reaching a decision on a request for a marketing authorization or on the suspension or revocation of an authorization.
Article 13
1. The competent authorities shall draw up an assessment report and comments on the dossier as regards the results of the analytical and toxico-pharmacological tests on, and clinical trials of, any proprietary products containing a new active substance which are the subject of a request for a marketing authorization in the Member States concerned for the first time.
2. As soon as the notification referred to in Article 9 is received, the competent authorities shall immediately communicate to the Member States concerned any assessment report accompanied by a summary of the dossier relating to a particular proprietary product. This report shall also be communicated to the Committee where a matter is referred to the Committee pursuant to Article 10.
The assessment report shall also be forwarded to the other Member States concerned and to the Committee as soon as a matter is referred to the Committee under the procedure laid down in Article 11. Any assessment report so forwarded shall remain confidential.
The competent authorities shall bring the assessment report up to date as soon as it is in possession of information which is of importance for the evaluation of the balance between effectiveness and risk.
Article 14
1. When reference is made to the procedure described in this Article, the Committee shall consider the matter concerned and issue a reasoned opinion within 60 days of the date on which the matter was referred to it.
In the cases referred to in Article 10 the person responsible for placing the product on the market may, at his request, explain himself orally or in writing before the Committee issues its opinion. The Committee may extend the time limit referred to in the preceding paragraph to give the applicant time to explain himself orally or in writing.
In the case referred to in Article 11, the person responsible for placing the product on the market may be asked to explain himself orally or in writing.
2. The Committee's opinion shall concern the grounds for the objection provided for in Article 10 (1) and the grounds on which the marketing authorization has been refused, suspended or withdrawn in the cases described in Article 11.
The Committee shall immediately inform the Member State(s) concerned and the person responsible for placing the product on the market of its opinion or of those of its members in the case of divergent opinions.
3. The Member State(s) concerned shall decide what action to take on the Committee's opinion within 60 days of receipt of the information referred to in paragraph 2. They shall immediately inform the Committee of their decision.
Article 15
1. The Commission shall report to the Council every two years on the operation of the procedure laid down in this chapter and its effects on the development of intra-Community trade.
2. In the light of experience, the Commission shall, not later than four years after the entry into force of this Directive, submit to the Council a proposal containing appropriate measures leading towards the abolition of any remaining barriers to the free movement of proprietary medicinal products.
3. The Councli shall decide on the Commission proposal no later than one year after its submission."
Article 4
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 24 months of its notification (1). They shall forthwith inform the Commission thereof.
Requests for marketing authorizations lodged after expiry of the time limit referred to in the first paragraph must comply with the provisions of this Directive. (1) This Directive was notified to the Member States on 31 October 1983.
Articles 1 and 2 of this Directive, where relevant, shall be progressively extended to existing proprietary medicinal products by the end of the period stipulated in Article 39 (2) of Directive 75/319/EEC.
Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 5
This Directive is addressed to the Member States. | [
"UKSI19851558"
] |
31983L0623 | 1983 | Council Directive 83/623/EEC of 25 November 1983 amending Directive 71/307/EEC on the approximation of the laws of the Member States relating to textile names
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,
WHEREAS CERTAIN PROVISIONS OF DIRECTIVE 71/307/EEC ( 4 ) HAVE GIVEN RISE IN THE MEMBER STATES TO DIFFERENCES OF INTERPRETATION AND APPLICATION PREJUDICIAL TO THE FREE MOVEMENT OF TEXTILE GOODS AND TO CONSUMER INFORMATION WITHIN THE MEANING OF THAT DIRECTIVE ; WHEREAS THOSE PROVISIONS MUST THEREFORE BE AMENDED OR SUPPLEMENTED , AND ALL DISCREPANCIES OF TERMINOLOGY OBSERVED IN THE VARIOUS LANGUAGE VERSIONS OF THE DIRECTIVE ELIMINATED ;
WHEREAS THE TERM " TEXTILE FIBRE " MUST BE EXTENDED TO INCLUDE STRIPS OR TUBES WITH AN APPARENT WIDTH OF NOT MORE THAN 5 MM , WHICH ARE CUT OUT FROM SHEETS MANUFACTURED BY EXTRUSION OF THE POLYMERS LISTED UNDER ITEMS 17 TO 36 AND 39 OF ANNEX I , AND SUBSEQUENTLY DRAWN OUT LENGTHWISE ;
WHEREAS THE TOLERANCE IN RESPECT OF " OTHER FIBRES " , WHICH HAS ALREADY BEEN LAID DOWN FOR PURE PRODUCTS , MUST ALSO BE APPLIED TO MIXTURES ;
WHEREAS , IN CASES WHERE IT IS TECHNICALLY DIFFICULT TO SPECIFY THE COMPOSITION OF A PRODUCT AT THE TIME OF MANUFACTURE , ANY FIBRES KNOWN AT THAT TIME MAY BE STATED ON THE LABEL PROVIDED THAT THEY ACCOUNT FOR A CERTAIN PERCENTAGE OF THE FINISHED PRODUCT ;
WHEREAS IT IS EXPEDIENT , IN ORDER TO AVOID THE DIFFERENCES OF APPLICATION THAT HAVE ARISEN IN THIS CONNECTION IN THE COMMUNITY , TO SPECIFY THE EXACT METHODS OF LABELLING CERTAIN TEXTILE PRODUCTS COMPOSED OF TWO OR MORE COMPONENTS , AND ALSO THE CONSTITUENTS OF TEXTILE PRODUCTS THAT NEED NOT BE TAKEN INTO ACCOUNT FOR PURPOSES OF LABELLING AND ANALYSIS ;
WHEREAS TEXTILE PRODUCTS SUBJECT ONLY TO THE REQUIREMENT OF INCLUSIVE LABELLING , AND THOSE SOLD BY THE METRE OR IN CUT LENGTHS , MUST BE OFFERED FOR SALE IN SUCH A WAY THAT THE CONSUMER CAN FULLY ACQUAINT HIMSELF WITH THE PARTICULARS AFFIXED TO THE OVERALL PACKAGING OR THE ROLL ; WHEREAS IT IS FOR THE MEMBER STATES TO DECIDE ON THE MEASURES TO BE ADOPTED FOR THIS PURPOSE ;
WHEREAS , WHEN DIRECTIVE 71/307/EEC WAS ADOPTED , THE COUNCIL PROVIDED FOR THE AMENDMENT OF ANNEXES III AND IV TO THAT DIRECTIVE ; WHEREAS THOSE ANNEXES SHOULD THEREFORE BE AMENDED , TAKING INTO ACCOUNT THE EXCEPTIONAL NATURE OF THE ITEMS REFERRED TO THEREIN AND ADDING OTHER PRODUCTS EXEMPT FROM LABELLING , IN PARTICULAR " DISPOSABLE " PRODUCTS OR PRODUCTS FOR WHICH ONLY INCLUSIVE LABELLING IS REQUIRED ;
WHEREAS THE PROVISIONS NECESSARY FOR THE DETERMINATION AND THE ADAPTATION TO TECHNICAL PROGRESS OF THE METHODS OF ANALYSIS ARE IMPLEMENTING MEASURES OF A STRICTLY TECHNICAL NATURE ; WHEREAS IT IS THEREFORE NECESSARY TO APPLY TO THOSE MEASURES , AND TO THE MEASURES FOR ADAPTING ANNEXES I AND II TO THE DIRECTIVE TO TECHNICAL PROGRESS , THE COMMITTEE PROCEDURE ALREADY LAID DOWN IN ARTICLE 6 OF DIRECTIVE 72/276/EEC ( 5 ) ,
ARTICLE 1
DIRECTIVE 71/307/EEC IS HEREBY AMENDED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS :
1 . PARAGRAPH 2 OF ARTICLE 2 IS REPLACED BY THE FOLLOWING :
" 2 . FOR THE PURPOSES OF THIS DIRECTIVE , " TEXTILE FIBRE " MEANS :
- A UNIT OF MATTER CHARACTERIZED BY ITS FLEXIBILITY , FINENESS AND HIGH RATIO OF LENGTH TO MAXIMUM TRANSVERSE DIMENSION , WHICH RENDER IT SUITABLE FOR TEXTILE APPLICATIONS ,
- FLEXIBLE STRIPS OR TUBES , OF WHICH THE APPARENT WIDTH DOES NOT EXCEED 5 MM , INCLUDING STRIPS CUT FROM WIDER STRIPS OR FILMS , PRODUCED FROM THE SUBSTANCES USED FOR THE MANUFACTURE OF THE FIBRES LISTED UNDER ITEMS 17 TO 39 IN ANNEX I AND SUITABLE FOR TEXTILE APPLICATIONS ; THE APPARENT WIDTH IS THE WIDTH OF THE STRIP OR TUBE WHEN FOLDED , FLATTENED , COMPRESSED OR TWISTED , OR THE AVERAGE WIDTH WHERE THE WIDTH IS NOT UNIFORM . "
2 . PARAGRAPHS 2 , 4 AND 5 OF ARTICLE 6 ARE REPLACED BY THE FOLLOWING :
" 2 . A TEXTILE PRODUCT COMPOSED OF TWO OR MORE FIBRES , NONE OF WHICH ACCOUNTS FOR AS MUCH AS 85 % OF THE TOTAL WEIGHT , SHALL BE DESIGNATED BY THE NAME AND PERCENTAGE BY WEIGHT OF AT LEAST THE TWO MAIN FIBRES , FOLLOWED BY THE NAMES OF THE OTHER CONSTITUENT FIBRES IN DESCENDING ORDER OF WEIGHT , WITH OR WITHOUT AN INDICATION OF THEIR PERCENTAGE BY WEIGHT . HOWEVER :
( A ) FIBRES WHICH SEPARATELY ACCOUNT FOR LESS THAN 10 % OF THE TOTAL WEIGHT OF A PRODUCT MAY BE COLLECTIVELY DESIGNATED BY THE TERM " OTHER FIBRES " , FOLLOWED BY THE TOTAL PERCENTAGE BY WEIGHT ;
( B ) WHERE THE NAME OF A FIBRE WHICH ACCOUNTS FOR LESS THAN 10 % OF THE TOTAL WEIGHT OF A PRODUCT IS SPECIFIED , THE FULL PERCENTAGE COMPOSITION OF THAT PRODUCT SHALL BE GIVEN . "
" 4 . IN THE CASE OF TEXTILE PRODUCTS INTENDED FOR THE END CONSUMER , IN THE PERCENTAGE COMPOSITIONS SPECIFIED IN PARAGRAPHS 1 , 2 , 3 AND 5 OF THIS ARTICLE :
( A ) A QUANTITY OF EXTRANEOUS FIBRES OF UP TO 2 % OF THE TOTAL WEIGHT OF THE TEXTILE PRODUCT SHALL BE TOLERATED , PROVIDED THAT THIS QUANTITY IS JUSTIFIED ON TECHNICAL GROUNDS AND IS NOT ADDED AS A MATTER OF ROUTINE ; THIS TOLERANCE SHALL BE INCREASED TO 5 % IN THE CASE OF PRODUCTS WHICH HAVE UNDERGONE A CARDING PROCESS AND SHALL BE WITHOUT PREJUDICE TO THE TOLERANCE REFERRED TO IN ARTICLE 5 ( 3 ) ;
( B ) A MANUFACTURING TOLERANCE OF 3 % SHALL BE PERMITTED BETWEEN THE STATED FIBRE PERCENTAGES AND THE PERCENTAGES OBTAINED FROM ANALYSIS , IN RELATION TO THE TOTAL WEIGHT OF FIBRES SHOWN ON THE LABEL ; SUCH TOLERANCE SHALL ALSO BE APPLIED TO FIBRES WHICH , IN ACCORDANCE WITH PARAGRAPH 2 , ARE LISTED IN DESCENDING ORDER OF WEIGHT WITH NO INDICATION OF THEIR PERCENTAGE . THIS TOLERANCE SHALL ALSO APPLY TO ARTICLE 5 ( 2 ) ( B ) .
ON ANALYSIS , THESE TOLERANCES SHALL BE CALCULATED SEPARATELY ; THE TOTAL WEIGHT TO BE TAKEN INTO ACCOUNT IN CALCULATING THE TOLERANCE REFERRED TO IN ( B ) SHALL BE THAT OF THE FIBRES OF THE FINISHED PRODUCT LESS THE WEIGHT OF ANY EXTRANEOUS FIBRES FOUND WHEN APPLYING THE TOLERANCE REFERRED TO IN ( A ) .
THE ADDITION OF THE TOLERANCES REFERRED TO IN ( A ) AND ( B ) SHALL BE PERMITTED ONLY IF ANY EXTRANEOUS FIBRES FOUND BY ANALYSIS , WHEN APPLYING THE TOLERANCE REFERRED TO IN ( A ) , PROVE TO BE OF THE SAME CHEMICAL TYPE AS ONE OR MORE OF THE FIBRES SHOWN ON THE LABEL .
IN THE CASE OF PARTICULAR PRODUCTS FOR WHICH THE MANUFACTURING PROCESS REQUIRES TOLERANCES HIGHER THAN THOSE GIVEN IN ( A ) AND ( B ) , HIGHER TOLERANCES MAY BE AUTHORIZED WHEN THE CONFORMITY OF THE PRODUCT IS CHECKED PURSUANT TO ARTICLE 13 ( 1 ) ONLY IN EXCEPTIONAL CASES AND WHERE ADEQUATE JUSTIFICATION IS PROVIDED BY THE MANUFACTURER . MEMBER STATES SHALL IMMEDIATELY INFORM THE COMMISSION THEREOF .
5 . THE TERM " MIXED FIBRES " OR THE TERM " UNSPECIFIED TEXTILE COMPOSITION " MAY BE USED FOR ANY PRODUCT THE COMPOSITION OF WHICH CANNOT EASILY BE STATED AT THE TIME OF MANUFACTURE . "
3 . ARTICLE 7 IS REPLACED BY THE FOLLOWING :
" ARTICLE 7
WITHOUT PREJUDICE TO THE TOLERANCES LAID DOWN IN ARTICLES 4 ( 2 ) , 5 ( 3 ) , AND 6 ( 4 ) , VISIBLE , ISOLABLE FIBRES WHICH ARE PURELY DECORATIVE AND DO NOT EXCEED 7 % OF THE WEIGHT OF THE FINISHED PRODUCT NEED NOT BE MENTIONED IN THE FIBRE COMPOSITIONS PROVIDED FOR IN ARTICLES 4 AND 6 ; THE SAME SHALL APPLY TO FIBRES ( E . G . METALLIC FIBRES ) WHICH ARE INCORPORATED IN ORDER TO OBTAIN AN ANTISTATIC EFFECT AND WHICH DO NOT EXCEED 2 % OF THE WEIGHT OF THE FINISHED PRODUCT . IN THE CASE OF THE PRODUCTS REFERRED TO IN ARTICLE 6 ( 3 ) , SUCH PERCENTAGES SHALL BE CALCULATED NOT ON THE WEIGHT OF THE FABRIC BUT ON THE WEIGHT OF THE WARP AND THAT OF THE WEFT SEPARATELY . "
4 . THE FOLLOWING SUBPARAGRAPH IS ADDED TO ARTICLE 8 ( 2 ) ( C ) :
" IN THE CASE OF BOBBINS , REELS , SKEINS , BALLS OR ANY OTHER SMALL QUANTITY OF SEWING , MENDING AND EMBROIDERY YARNS , THE OPTION PROVIDED FOR IN THE PRECEDING PARAGRAPH MAY BE EXERCISED BY THE MEMBER STATES ONLY IN THE CASE OF INCLUSIVE LABELLING ON PACKAGING OR DISPLAYS . WITHOUT PREJUDICE TO THE CASES REFERRED TO IN POINT 18 OF ANNEX IV , INDIVIDUAL ITEMS MAY BE LABELLED IN ANY ONE OF THE COMMUNITY LANGUAGES . "
5 . ARTICLE 9 IS SUPPLEMENTED BY THE FOLLOWING PARAGRAPH 3 :
" 3 . WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 12 :
( A ) THE FIBRE COMPOSITION OF THE FOLLOWING CORSETRY ARTICLES SHALL BE INDICATED BY STATING THE COMPOSITION OF THE WHOLE PRODUCT OR THAT OF THE COMPONENTS LISTED BELOW EITHER INCLUSIVELY OR SEPARATELY :
- FOR BRASSIERES : THE OUTSIDE AND INSIDE FABRIC OF THE CUPS AND BACK ,
- FOR CORSETS : THE FRONT , REAR AND SIDE STIFFENING PANELS ,
- FOR CORSELETS : THE OUTSIDE AND INSIDE FABRIC OF THE CUPS , THE FRONT AND REAR STIFFENING PANELS AND THE SIDE PANELS .
THE FIBRE COMPOSITION OF CORSETRY ARTICLES OTHER THAN THOSE LISTED IN THE PREVIOUS SUBPARAGRAPH SHALL BE INDICATED BY STATING THE COMPOSITION OF THE WHOLE PRODUCT OR , EITHER INCLUSIVELY OR SEPARATELY , THE COMPOSITION OF THE VARIOUS COMPONENTS OF THE ARTICLES ; SUCH LABELLING SHALL NOT BE COMPULSORY FOR COMPONENTS REPRESENTING LESS THEN 10 % OF THE TOTAL WEIGHT OF THE PRODUCT .
THE SEPARATE LABELLING OF THE VARIOUS PARTS OF THE CORSETRY ARTICLES REFERRED TO ABOVE SHALL BE CARRIED OUT IN SUCH A WAY THAT THE END CONSUMER CAN EASILY UNDERSTAND TO WHICH PART OF THE PRODUCT THE PARTICULARS ON THE LABEL REFER ;
( B ) THE FIBRE COMPOSITION OF ETCH-PRINTED TEXTILES SHALL BE GIVEN FOR THE PRODUCT AS A WHOLE AND MAY BE INDICATED BY STATING , SEPARATELY , THE COMPOSITION OF THE BASE FABRIC AND THAT OF THE ETCHED PARTS . THESE COMPONENTS MUST BE MENTIONED BY NAME ;
( C ) THE FIBRE COMPOSITION OF EMBROIDERED TEXTILES SHALL BE GIVEN FOR THE PRODUCT AS A WHOLE AND MAY BE INDICATED BY STATING , SEPARATELY , THE COMPOSITION OF THE BASE FABRIC AND THAT OF THE EMBROIDERY YARN ; THESE COMPONENTS MUST BE MENTIONED BY NAME ; IF THE EMBROIDERED PARTS AMOUNT TO LESS THAN 10 % OF THE SURFACE AREA OF THE PRODUCT , ONLY THE COMPOSITION OF THE BASE FABRIC NEED BE STATED ;
( D ) THE FIBRE COMPOSITION OF YARNS CONSISTING OF A CORE AND A COVER MADE UP OF DIFFERENT FIBRES , AND OFFERED FOR SALE AS SUCH TO THE CONSUMER , SHALL BE GIVEN FOR THE PRODUCT AS A WHOLE AND MAY BE INDICATED BY STATING THE COMPOSITION OF THE CORE AND THE COVER SEPARATELY ; THESE COMPONENTS MUST BE MENTIONED BY NAME ;
( E ) THE FIBRE COMPOSITION OF VELVET AND PLUSH TEXTILES , OR OF TEXTILES RESEMBLING VELVET OR PLUSH , SHALL BE GIVEN FOR THE WHOLE PRODUCT AND , WHERE THE PRODUCT COMPRISES A DISTINCT BACKING AND A USE-SURFACE COMPOSED OF DIFFERENT FIBRES , MAY BE STATED SEPARATELY FOR THESE TWO PARTS , WHICH MUST BE MENTIONED BY NAME ;
( F ) THE COMPOSITION OF FLOOR COVERINGS AND CARPETS OF WHICH THE BACKING AND THE USE-SURFACE ARE COMPOSED OF DIFFERENT FIBRES MAY BE STATED FOR THE USE-SURFACE ALONE , WHICH MUST BE MENTIONED BY NAME . "
6 . ARTICLE 10 IS AMENDED AS FOLLOWS :
- A NEW POINT ( C ) IS ADDED TO THE PRESENT PARAGRAPH :
" ( C ) THE COMPOSITION OF TEXTILE PRODUCTS SOLD BY THE METRE NEED BE SHOWN ONLY ON THE LENGTH OR ROLL OFFERED FOR SALE . " ;
- A SECOND PARAGRAPH IS ADDED :
" MEMBER STATES SHALL TAKE ALL NECESSARY STEPS TO ENSURE THAT THE PRODUCTS REFERRED TO IN ( B ) AND ( C ) OF THE FIRST PARAGRAPH ARE OFFERED FOR SALE IN SUCH A WAY THAT THE END CONSUMER CAN FULLY ACQUAINT HIMSELF WITH THE COMPOSITION OF THESE PRODUCTS . "
7 . ARTICLE 12 IS REPLACED BY THE FOLLOWING :
" ARTICLE 12
FOR THE PURPOSES OF APPLYING ARTICLE 8 ( 1 ) AND THE OTHER PROVISIONS OF THIS DIRECTIVE RELATING TO THE LABELLING OF TEXTILE PRODUCTS , THE FIBRE PERCENTAGES REFERRED TO IN ARTICLES 4 , 5 AND 6 SHALL BE DETERMINED WITHOUT TAKING ACCOUNT OF THE ITEMS LISTED IN POINTS 1 , 2 AND 3 BELOW :
1 . FOR ALL TEXTILE PRODUCTS :
NON-TEXTILE PARTS , SELVEDGES , LABELS AND BADGES , EDGINGS AND TRIMMINGS NOT FORMING AN INTEGRAL PART OF THE PRODUCT , BUTTONS AND BUCKLES COVERED WITH TEXTILE MATERIALS , ACCESSORIES , DECORATIONS , NON-ELASTIC RIBBONS , ELASTIC THREADS AND BANDS ADDED AT SPECIFIC AND LIMITED POINTS OF THE PRODUCT AND , SUBJECT TO THE CONDITIONS SPECIFIED IN ARTICLE 7 , VISIBLE , ISOLABLE FIBRES WHICH ARE PURELY DECORATIVE AND ANTISTATIC FIBRES ;
2 . ( A ) FOR FLOOR COVERINGS AND CARPETS : ALL COMPONENTS OTHER THAN THE USE-SURFACE ;
( B ) FOR UPHOLSTERY FABRICS : BINDING AND FILLING WARPS AND WEFTS WHICH DO NOT FORM PART OF THE USE-SURFACE ;
FOR HANGINGS AND CURTAINS : BINDING AND FILLING WARPS AND WEFTS WHICH DO NOT FORM PART OF THE RIGHT SIDE OF THE FABRIC ;
( C ) FOR OTHER TEXTILE PRODUCTS : BASE OR UNDERLYING FABRICS , STIFFENINGS AND REINFORCEMENTS , INTER-LININGS AND CANVAS BACKINGS , STITCHING AND ASSEMBLY THREADS UNLESS THEY REPLACE THE WARP AND/OR WEFT OF THE FABRIC , FILLINGS NOT HAVING AN INSULATING FUNCTION AND , SUBJECT TO THE PROVISIONS OF ARTICLE 9 ( 1 ) , LININGS .
FOR THE PURPOSES OF THIS PROVISION :
- THE BASE OR UNDERLYING MATERIAL OF TEXTILE PRODUCTS WHICH SERVE AS A BACKING FOR THE USE-SURFACE , IN PARTICULAR IN BLANKETS AND DOUBLE FABRICS , AND THE BACKINGS OF VELVET OR PLUSH FABRICS AND KINDRED PRODUCTS SHALL NOT BE REGARDED AS BACKINGS TO BE REMOVED ,
- " STIFFENINGS AND REINFORCEMENTS " MEAN THE YARNS OR MATERIALS ADDED AT SPECIFIC AND LIMITED POINTS OF THE TEXTILE PRODUCTS TO STRENGTHEN THEM OR TO GIVE THEM STIFFNESS OR THICKNESS ;
3 . FATTY SUBSTANCES , BINDERS , WEIGHTINGS , SIZINGS AND DRESSINGS , IMPREGNATING PRODUCTS , ADDITIONAL DYEING AND PRINTING PRODUCTS AND OTHER TEXTILE PROCESSING PRODUCTS . IN THE ABSENCE OF COMMUNITY PROVISIONS , MEMBER STATES SHALL TAKE ALL NECESSARY MEASURES TO ENSURE THAT THESE ITEMS ARE NOT PRESENT IN QUANTITIES LIABLE TO MISLEAD THE CONSUMER . "
8 . ARTICLE 13 IS REPLACED BY THE FOLLOWING :
" ARTICLE 13
1 . CHECKS ON WHETHER THE COMPOSITION OF TEXTILE PRODUCTS IS IN CONFORMITY WITH THE INFORMATION SUPPLIED IN ACCORDANCE WITH THIS DIRECTIVE SHALL BE CARRIED OUT BY THE METHODS OF ANALYSIS SPECIFIED IN THE DIRECTIVES REFERRED TO IN PARAGRAPH 2 .
FOR THIS PURPOSE , THE FIBRE PERCENTAGES IN ARTICLES 4 , 5 AND 6 SHALL BE DETERMINED BY APPLYING TO THE ANHYDROUS MASS OF EACH FIBRE THE APPROPRIATE AGREED ALLOWANCE LAID DOWN IN ANNEX II , AFTER HAVING REMOVED THE ITEMS REFERRED TO IN ARTICLE 12 ( 1 ) , ( 2 ) AND ( 3 ) .
2 . SEPARATE DIRECTIVES WILL SPECIFY THE METHODS OF SAMPLING AND ANALYSIS TO BE USED IN MEMBER STATES TO DETERMINE THE FIBRE COMPOSITION OF PRODUCTS COVERED BY THIS DIRECTIVE . "
9 . THE FOLLOWING ARTICLE 15A IS INSERTED :
" ARTICLE 15A
1 . THE ADDITIONS TO ANNEX I AND THE ADDITIONS AND AMENDMENTS TO ANNEX II TO THIS DIRECTIVE WHICH ARE NECESSARY FOR ADAPTING THESE ANNEXES TO TECHNICAL PROGRESS SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 6 OF DIRECTIVE 72/276/EEC ( 6 ) , AS LAST AMENDED BY DIRECTIVE 81/75/EEC ( 7 ) .
2 . THE NEW METHODS OF QUANTITATIVE ANALYSIS FOR BINARY AND TERNARY MIXTURES OTHER THAN THOSE REFERRED TO IN DIRECTIVES 72/276/EEC AND 73/44/EEC ( 8 ) SHALL ALSO BE DETERMINED BY THAT PROCEDURE .
3 . THE NAME OF THE COMMITTEE REFERRED TO IN ARTICLE 5 OF DIRECTIVE 72/276/EEC SHALL BECOME THE " COMMITTEE FOR DIRECTIVES RELATING TO TEXTILE NAMES AND LABELLING " . "
10 . ANNEX I IS AMENDED AS FOLLOWS :
( A ) THE FOLLOWING ITEMS ARE AMENDED AS FOLLOWS :
1 AND 2 : A FOOTNOTE REFERENCE " ( 1 ) " IS INSERTED AFTER THE TEXT RELATING TO THESE ITEMS IN THE SECOND COLUMN HEADED " NAME " .
2 : THE FOOTNOTE REFERENCE " ( 1 ) " WHICH CURRENTLY APPEARS AFTER THE WORD " GUANACO " IN THE SECOND COLUMN HEADED " NAME " IS DELETED .
UNDER " FIBRE DESCRIPTION " THE WORD " MOHAIR " IS REPLACED AS FOLLOWS :
- IN THE FRENCH TEXT BY " CHEVRE ANGORA " ,
- IN THE ITALIAN TEXT BY " CAPRA ANGORA " ,
- IN THE GERMAN TEXT BY " ANGORAZIEGE " .
IN THE DANISH TEXT THE WORD " ANGORAGED " IS ADDED AFTER THE WORD " KASHMIRGED " .
IN THE DUTCH TEXT THE WORD " MOHAIR " IS DELETED .
9 JUTE :
THE FIBRE DESCRIPTION IS REPLACED BY THE FOLLOWING :
" FIBRE OBTAINED FROM THE BAST OF CORCHORUS OLITORIUS AND CORCHORUS CAPSULARIS . FOR THE PURPOSES OF THIS DIRECTIVE , BAST FIBRES OBTAINED FROM THE FOLLOWING SPECIES SHALL BE TREATED IN THE SAME WAY AS JUTE : HIBISCUS CANNABINUS ; HIBISCUS SABDARIFFA , ABULTILON AVICENNAE , URENA LOBATA , URENA SINUATA " .
14 KENAF :
DELETED .
20 MODAL :
THE FIBRE DESCRIPTION IS REPLACED BY THE FOLLOWING :
" A FIBRE OF REGENERATED CELLULOSE HAVING A HIGH BREAKING FORCE AND HIGH WET MODULUS . THE BREAKING FORCE ( BC ) IN THE CONDITIONED STATE AND THE FORCE ( BM ) REQUIRED TO PRODUCE AN ELONGATION OF 5 % IN THE WET STATE ARE :
WHERE T IS THE MEAN LINEAR DENSITY IN DECITEX " .
25 CHLOROFIBRE :
THE FIBRE DESCRIPTION IS REPLACED BY THE FOLLOWING :
" FIBRE FORMED OF LINEAR MACROMOLECULES HAVING IN THEIR CHAIN MORE THAN 50 % BY MASS OF CHLORINATED VINYL OR CHLORINATED VINYLIDENE MONOMERIC UNITS " .
28 NYLON :
THE NAME SHALL READ " POLYAMIDE " OR " NYLON " .
32 POLYCARBAMIDE :
THE FIBRE DESCRIPTION IS REPLACED BY THE FOLLOWING :
" FIBRE FORMED OF LINEAR MACROMOLECULES HAVING IN THE CHAIN THE RECURRING UREYLENE ( NH - CO - NH ) FUNCTIONAL GROUP " .
37 ELASTANE :
IN THE DUTCH TEXT THE NAME IS AMENDED TO READ " ELASTAAN " ;
( B ) FOOTNOTE ( 1 ) SHALL READ AS FOLLOWS :
" ( 1 ) THE NAME " WOOL " IN ITEM 1 OF THIS ANNEX MAY ALSO BE USED TO INDICATE A MIXTURE OF FIBRES FROM SHEEP'S OR LAMBS' FLEECES AND THE HAIRS LISTED IN THE THIRD COLUMN OF ITEM 2 .
THIS PROVISION IS APPLICABLE TO THE TEXTILE PRODUCTS LISTED IN ARTICLES 4 AND 5 AND TO THOSE REFERRED TO IN ARTICLE 6 , PROVIDED THAT THE LATTER ARE PARTLY COMPOSED OF THE FIBRES LISTED IN ITEMS 1 AND 2 . "
( C ) THE FOOTNOTE REFERENCE AND FOOTNOTE ( 2 ) ARE DELETED .
THE FOOTNOTE REFERENCE AND FOOTNOTE ( 3 ) IN CERTAIN LANGUAGE VERSIONS ARE AMENDED TO READ " ( 2 ) " .
11 . ANNEX II IS AMENDED AS FOLLOWS :
( A ) THE TITLE SHALL READ :
" AGREED ALLOWANCES USED TO . . . "
( B ) THE FOLLOWING ITEMS ARE AMENDED AS FOLLOWS :
14 : IS DELETED ;
28 : THE WORDS " POLYAMIDE ( 6-6 ) " , " POLYAMIDE 6 " AND " POLYAMIDE 11 " ARE FOLLOWED BY THE WORDS " OR NYLON " IN ALL CASES ;
29 : THE PERCENTAGE FOR POLYESTER FILAMENT IS SET AT " 1,50 " INSTEAD OF " 3,00 " ;
37 : IN THE SECOND COLUMN OF THE DUTCH TEXT , THE NAME OF THE FIBRE IS AMENDED TO READ " ELASTAAN " .
12 . ANNEX III IS AMENDED AS FOLLOWS :
( A ) THE FOLLOWING ITEMS ARE AMENDED AS FOLLOWS :
3 : SHALL READ IN GERMAN " ETIKETTEN UND ABZEICHEN " AND IN ITALIAN " ETICHETTE E CONTRASSEGNI " ;
12 : SHALL READ " TEXTILE PRODUCTS FOR BASE AND UNDERLYING FABRICS AND STIFFENINGS " ;
16 : IS DELETED ;
21 : SHALL READ " HAND-EMBROIDERED TAPESTRIES , FINISHED OR UNFINISHED , AND MATERIALS FOR THEIR PRODUCTION , INCLUDING EMBROIDERY YARNS , SOLD SEPARATELY FROM THE CANVAS AND SPECIALLY PRESENTED FOR USE IN SUCH TAPESTRIES " ;
22 : SHALL READ IN DUTCH " KNOPEN EN GESPEN MET STOF BEKLEED " AND IN GERMAN " MIT TEXTILIEN UEBERZOGENE KNOEPFE UND SCHNALLEN " .
( B ) THE FOLLOWING ITEMS ARE ADDED :
" 36 : FUNERAL ITEMS .
37 : DISPOSABLE ARTICLES , WITH THE EXCEPTION OF WADDING .
FOR THE PURPOSES OF THIS DIRECTIVE , TEXTILE ARTICLES DESIGNED TO BE USED ONCE ONLY OR FOR A LIMITED TIME , AND THE NORMAL USE OF WHICH PRECLUDES ANY RESTORING FOR SUBSEQUENT USE FOR THE SAME OR A SIMILAR PURPOSE , ARE TO BE REGARDED AS DISPOSABLE .
38 : TEXTILE ARTICLES SUBJECT TO THE RULES OF THE EUROPEAN PHARMACOPOEIA AND COVERED BY A REFERENCE TO THOSE RULES , NON-DISPOSABLE BANDAGES FOR MEDICAL AND ORTHOPAEDIC USE AND ORTHOPAEDIC TEXTILE ARTICLES IN GENERAL .
39 : TEXTILE ARTICLES INCLUDING CORDAGE , ROPES AND STRING , SUBJECT TO ITEM 12 OF ANNEX IV , NORMALLY INTENDED :
( A ) FOR USE AS EQUIPMENT COMPONENTS IN THE MANUFACTURE AND PROCESSING OF GOODS ;
( B ) FOR INCORPORATION IN MACHINES , INSTALLATIONS ( E . G . FOR HEATING , AIR CONDITIONING OR LIGHTING ) , DOMESTIC AND OTHER APPLIANCES , VEHICLES AND OTHER MEANS OF TRANSPORT , OR FOR THEIR OPERATION , MAINTENANCE OR EQUIPMENT , OTHER THAN TARPAULIN COVERS AND TEXTILE MOTOR VEHICLE ACCESSORIES SOLD SEPARATELY FROM THE VEHICLE .
40 : TEXTILE ARTICLES FOR PROTECTION AND SAFETY PURPOSES SUCH AS SAFETY BELTS , PARACHUTES , LIFEJACKETS , EMERGENCY CHUTES , FIRE-FIGHTING DEVICES , BULLETPROOF WAISTCOATS AND SPECIAL PROTECTIVE GARMENTS ( E . G . PROTECTION AGAINST FIRE , CHEMICAL SUBSTANCES OR OTHER SAFETY HAZARDS ) .
41 : AIR-SUPPORTED STRUCTURES ( E . G . SPORTS HALLS , EXHIBITION STANDS OR STORAGE FACILITIES ) , PROVIDED THAT PARTICULARS OF THE PERFORMANCES AND TECHNICAL SPECIFICATIONS OF THESE ARTICLES ARE SUPPLIED .
42 : SAILS .
43 : ANIMAL CLOTHING .
44 : FLAGS AND BANNERS . "
13 . ANNEX IV IS AMENDED AS FOLLOWS :
( A ) THE TITLE SHALL READ :
" PRODUCTS FOR WHICH ONLY INCLUSIVE LABELLING OR MARKING IS OBLIGATORY ( ARTICLE 10 , FIRST PARAGRAPH , POINT ( B ) ) " ;
( B ) ITEM 12 SHALL READ : " PACKING STRING AND AGRICULTURAL TWINE ; STRING , CORDAGE AND ROPES OTHER THAN THOSE FALLING WITHIN ITEM 39 OF ANNEX III ( 1 ) " ;
( C ) THE FOLLOWING ITEMS ARE ADDED :
" 15 : BUN NETS AND HAIR NETS .
16 : TIES AND BOW TIES FOR CHILDREN .
17 : BIBS ; WASHGLOVES AND FACE FLANNELS .
18 : SEWING , MENDING AND EMBROIDERY YARNS PRESENTED FOR RETAIL SALE IN SMALL QUANTITIES WITH A NET WEIGHT OF 1 GRAM OR LESS .
19 : TAPE FOR CURTAINS AND BLINDS AND SHUTTERS . "
( D ) A FOOTNOTE ( 1 ) IS ADDED READING :
" ( 1 ) FOR THE PRODUCTS FALLING WITHIN THIS ITEM AND SOLD IN CUT LENGTHS , THE INCLUSIVE LABELLING SHALL BE THAT OF THE REEL . THE CORDAGE AND ROPES FALLING WITHIN THIS ITEM INCLUDE THOSE USED IN MOUNTAINEERING AND WATER SPORTS . "
ARTICLE 2
1 . MEMBER STATES SHALL ADOPT , PUBLISH AND APPLY THE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE WITHIN 24 MONTHS OF ITS NOTIFICATION . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .
2 . MEMBER STATES SHALL PERMIT , UNTIL 42 MONTHS AFTER NOTIFICATION OF THIS DIRECTIVE , THE PLACING ON THE MARKET OF TEXTILE PRODUCTS WHICH ARE IN CONFORMITY WITH DIRECTIVE 71/307/EEC BUT WHICH ARE NOT YET LABELLED IN ACCORDANCE WITH THE PROVISIONS OF THIS DIRECTIVE .
3 . MEMBER STATES SHALL ENSURE THAT THE TEXTS OF THE MAIN PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD COVERED BY THIS DIRECTIVE ARE COMMUNICATED TO THE COMMISSION .
ARTICLE 3
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES . | [
"UKSI19940450",
"UKSI19860026"
] |
31984L0047 | 1984 | Commission Directive 84/47/EEC of 16 January 1984 adapting to technical progress Council Directive 79/196/EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 76/117/EEC of 18 December 1975 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres (1), and in particular Article 5 thereof,
Having regard to Council Directive 79/196/EEC of 6 February 1979 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection (2), and in particular Article 5 thereof,
Whereas, in view of the present state of technical progress, it is now necessary to adapt the contents of the harmonized standards referred to in Annex I of Directive 79/196/EEC;
Whereas, in view of experience gained since Directive 79/196/EEC was adopted, it seems appropriate to change the design of the distinctive Community mark referred to in Annex II thereto;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaption to Technical Progress of the Directives for the Elimination of Technical Barriers to Trade in the Sector of Electrical Equipment for Use in Potentially Explosive Atmospheres,
Article 1
Annexes I and II to Directive 79/196/EEC are replaced by Annexes I and II to this Directive.
Article 2
1. Member States shall bring into force the necessary provisions in order to comply with this Directive not later than 1 January 1985 and shall forthwith inform the Commission thereof.
2. However, until 1 January 2005, the Member States shall continue to apply the measures provided for in Article 4 of Directive 76/117/EEC as regards the equipment for which conformity to the harmonized standards referred to in Directive 79/196/EEC in its version of 6 February 1979 is attested by the certificate of conformity referred to in Article 8 of Directive 76/117/EEC, provided that this certificate has been issued before 31 December 1987.
Article 3
This Directive is addressed to the Member States. | [
"UKSI19900013"
] |
31984L0156 | 1984 | Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (1), and in particular Articles 6 and 12 thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee (4),
Whereas, in order to protect the aquatic environment of the Community against pollution by certain dangerous substances, Article 3 of Directive 76/464/EEC introduces a system of prior authorization laying down emission standards for discharges of the substances in List I in the Annex thereto; whereas Article 6 of the said Directive provides that limit values shall be laid down for such emission standards and also quality objectives for the aquatic environment affected by discharges of these substances;
Whereas mercury and its compounds are included in List I;
Whereas the Member States are required to apply the limit values except in the cases where they may employ quality objectives;
Whereas, since pollution due to the discharge of mercury into water is caused by a large number of industries, it is necessary to lay down specific limit values according to the type of industry concerned and to lay down quality objectives for the aquatic environment into which mercury is discharged by such industries;
Whereas the purpose of the quality objectives must be to eliminate mercury pollution of the various parts of the aquatic environment which might be affected by mercury discharges;
Whereas such quality objectives must be laid down expressly for this purpose and not with the intention of establishing rules pertaining to consumer protection or to the marketing of products from the aquatic environment;
Whereas a specific monitoring procedure should be laid down to enable Member States to demonstrate that the quality objectives are being complied with;
Whereas provision should be made for the monitoring by Member States of the aquatic environment affected by the aforesaid mercury discharges with a view to effective implementation of this Directive; whereas Article 6 of Directive 76/464/EEC does not provide
for the powers to introduce such monitoring; whereas, since the specific powers have not been provided for in the Treaty, Article 235 thereof should be invoked;
Whereas, in the case of discharges from certain types of plant for which emission standards cannot be established or regularly monitored by reason of the scattered nature of the sources, specific programmes must be devised to avoid or eliminate mercury pollution from these plants; whereas, since the powers have not been provided either by Article 6 of Directive 76/464/EEC or by the specific provisions of the Treaty, Article 235 of the Treaty should be invoked;
Whereas Directive 82/176/EEC (1) lays down limit values for mercury discharges into the aquatic environment by the chlor-alkali electrolysis industry and also sets quality objectives for the aquatic environment into which mercury is discharged;
Whereas it is important that the Commission report every four years on the implementation of this Directive by Member States;
Whereas, since groundwater is the subject of Directive 80/68/EEC (2), it is excluded from the scope of this Directive;
Whereas the level of industrialization is very low in Greenland because of the overall situation of the island, and in particular the fact that it is sparsely populated, its considerable size and its special geographical position; whereas, therefore, this Directive should not apply to Greenland,
Article 1
1. This Directive:
- pursuant to Article 6 (1) of Directive 76/464/EEC, lays down limit values for emission standards for mercury in discharges from industrial plants as defined in Article 2 (e) hereof,
- pursuant to Article 6 (2) of Directive 76/464/EEC, lays down quality objectives for mercury in the aquatic environment,
- pursuant to Article 6 (4) of Directive 76/464/EEC, lays down the time limits for compliance with the conditions specified in the authorizations granted by the competent authorities of Member States in respect of existing discharges,
- pursuant to Article 12 (1) of Directive 76/464/EEC, lays down the reference methods of measurement enabling the mercury content in discharges and in the aquatic environment to be determined,
- pursuant to Article 6 (3) of Directive 76/464/EEC, establishes a monitoring procedure,
- requires Member States to cooperate with one another in the case of discharges affecting the waters of more than one Member State,
- requires the Member States to draw up programmes to avoid or eliminate pollution caused by discharges within the meaning of Article 4.
2. This Directive applies to the waters referred to in Article 1 of Directive 76/464/EEC, with the exception of groundwater.
Article 2
For the purposes of this Directive:
(a) 'mercury' means:
- the chemical element mercury,
- the mercury contained in any of its compounds;
(b) 'limit values' means:
the values specified in Annex I;
(c) 'quality objectives' means:
the requirements specified in Annex II;
(d) 'handling of mercury' means:
any industrial process involving the production or use of mercury, or any other industrial process in which the presence of mercury is inherent;
(e) 'industrial plant' means:
a plant at which mercury or any substance containing mercury is handled, with the exception of the industrial plant referred to in Article 2 (d) of Directive 82/176/EEC;
(f) 'existing plant' means:
an industrial plant which is operational on the date of notification of this Directive;
(g) 'new plant' means:
- an industrial plant which has become operational after the date of notification of this Directive,
- an existing industrial plant whose mercury-handling capacity has been substantially increased since the date of notification of this Directive.
Article 3
1. The limit values, the time limits by which they must be complied with and the monitoring procedure for discharges are laid down in Annex I.
2. The limit values shall normally apply at the point where waste waters containing mercury leave the industrial plant.
When waste waters containing mercury are treated outside the industrial plant at a treatment plant intended for the removal of mercury, the Member State may permit the limit values to be applied at the point where the waste waters leave the treatment plant.
3. The authorizations referred to in Article 3 of Directive 76/464/EEC must contain provisions at least as stringent as those in Annex I to this Directive, except where a Member State is complying with Article 6 (3) of Directive 76/464/EEC on the basis of Annex II to this Directive and Annex IV to Directive 82/176/EEC.
Authorizations shall be reviewed at least every four years.
4. Without prejudice to their obligations arising from paragraph 1, 2 and 3 and to the provisions of Directive 76/464/EEC, Member States may grant authorizations for new plants only if those plants apply the standards corresponding to the best technical means available when that is necessary for the elimination of pollution in accordance with Article 2 of the said Directive or for the prevention of distortion of competition.
Whatever method it adopts, the Member State shall, where for technical reasons the intended measures do not correspond to the best technical means available, provide the Commission, before any authorization, with evidence in support of these reasons.
The Commission shall forward this evidence to the other Member States immediately and shall send all Member States a report as soon as possible giving its opinion on the derogation referred to in the second subparagraph. If necessary, it shall at the same time submit appropriate proposals to the Council.
5. The reference method of analysis to be used in determining the presence of mercury is given in Annex III (1) to Directive 82/176/EEC. Other methods may be used provided that the limits of detection, precision and accuracy of such methods are at least as good as those laid down in Annex III (1) to Directive 82/176/EEC. The accuracy required in the measurement of effluent flow is given in Annex III (2) to that Directive.
Article 4
1. The Member States shall draw up specific programmes for mercury discharges by multiple sources which are not industrial plants and for which the emission standards laid down in Article 3 cannot be applied in practice.
2. The purpose of these programmes shall be to avoid or eliminate pollution. They shall include the most appropriate measures and techniques for the replacement, retention and recycling of mercury. The elimination of waste containing mercury shall be carried out in accordance with Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste (1), as amended by the 1979 Act of Accession.
3. The specific programmes shall apply as from 1 July 1989 and shall be communicated to the Commission.
Article 5
The Member States concerned shall be responsible for monitoring the aquatic environment affected by industrial discharges.
In the case of discharges affecting the waters of more than one Member State, the Member States concerned shall cooperate with a view to harmonizing monitoring procedures.
Article 6
1. The Commission shall report every four years on the implementation of this Directive by Member States on the basis of information supplied to it by them pursuant to Article 13 of Directive 76/464/EEC at its request, which it must submit case by case. The information concerned shall, in particular, comprise:
- details of authorizations laying down emission standards for discharges of mercury,
- the results of the inventory of mercury discharged into the waters referred to in Article 1 (2),
- the results of measurements made by the national network set up to determine concentrations of mercury.
2. In the event of a change in scientific knowledge relating principally to the toxicity, persistence and accumulation of mercury in living organisms and sediments, or in the event of an improvement in the best technical means available, the Commission shall submit appropriate proposals to the Council with the aim of reinforcing, if necessary, the limit values and the quality objectives or of establishing additional limit values and additional quality objectives.
Article 7
1. Member States shall bring into force the measures necessary to comply with this Directive within two years following its notification. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive.
Article 8
This Directive shall not apply to Greenland.
Article 9
This Directive is addressed to the Member States. | [
"UKSI19892286"
] |
31984L0253 | 1984 | Eighth Council Directive 84/253/EEC of 10 April 1984 based on Article 54 (3) (g) of the Treaty on the approval of persons responsible for carrying out the statutory audits of accounting documents
Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (3) (g) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, under Directive 78/660/EEC (4), the annual accounts of certain types of company must be audited by one or more persons entitled to carry out such audits from which only the companies mentioned in Article 11 of that Directive may be exempted;
Whereas the aforementioned Directive has been supplemented by Directive 83/349/EEC (5) on consolidated accounts;
Whereas the qualifications of persons entitled to carry out the statutory audits of accounting documents should be harmonized ; whereas it should be ensured that such persons are independent and of good repute;
Whereas the high level of theoretical knowledge required for the statutory auditing of accounting documents and the ability to apply that knowledge in practice must be ensured by means of an examination of professional competence;
Whereas the Member States should be given the power to approve persons who, while not fulfilling all the conditions imposed concerning theoretical training, nevertheless have engaged in professional activities for a long time, affording them sufficient experience in the fields of finance, law and accountancy and have passed the examination of professional competence;
Whereas the Member States should also be authorized to adopt transitional provisions for the benefit of professional persons; (1) OJ No C 112, 13.5.1978, p. 6 ; OJ No C 317, 18.12.1975, p. 6. (2) OJ No C 140, 5.6.1979, p. 154. (3) OJ No C 171, 9.7.1979, p. 30. (4) OJ No L 222, 14.8.1978, p. 11. (5) OJ No L 193, 18.7.1983, p. 1.
Whereas the Member States will be able to approve both natural persons and firms of auditors which may be legal persons or other types of company, firms or partnership;
Whereas natural persons who carry out the statutory audits of accounting documents on behalf of such firms of auditors must fulfill the conditions of this Directive;
Whereas a Member State will be able to approve persons who have obtained qualifications outside that State which are equivalent to those required by this Directive;
Whereas a Member State which, when this Directive is adopted, recognizes categories of natural persons who fulfil the conditions imposed in this Directive, but whose level of examination of professional competence is below university, final examination level, should be allowed to continue, under certain conditions and until subsequent coordination, to grant such persons special approval for the purpose of carrying out the statutory audits of the accounting documents of companies and bodies of undertakings, of limited size, when such Member State has not made use of the possibilities for exemption afforded by Community Directives in respect of the preparation of consolidated accounts;
Whereas this Directive does not cover either the right of establishment or the freedom to provide services with regard to persons responsible for carrying out the statutory audits of accounting documents;
Whereas recognition of the approval given to nationals of other Member States for the purpose of carrying out such audits will be specifically regulated by Directives on the taking up and pursuit of activities in the fields of finance, economics and accountancy, as well as on the freedom to provide services in those fields,
SECTION I Scope
Article 1
1. The coordination measures prescribed in this Directive shall apply to the laws, regulations and administrative provisions of the Member States concerning persons responsible for: (a) carrying out statutory audits of the annual accounts of companies and firms and verifying that the annual reports are consistent with those annual accounts in so far as such audits and such verification are required by Community law;
(b) carrying out statutory audits of the consolidated accounts of bodies of undertakings and verifying that the consolidated annual reports are consistent with those consolidated accounts in so far as such audits and such verification are required by Community law.
2. The persons referred to in paragraph 1 may, depending on the legislation of each Member State, be natural or legal persons or other types of company, firm or partnership (firms of auditors as defined in this Directive).
SECTION II Rules on approval
Article 2
1. Statutory audits of the documents referred to in Article 1 (1) shall be carried out only by approved persons. The authorities of the Member States may approve only: (a) natural persons who satisfy at least the conditions laid down in Articles 3 to 19;
(b) firms of auditors which satisfy at least the following conditions: (i) the natural persons who carry out statutory audits of the documents referred to in Article 1 on behalf of firms of auditors must satisfy at least the conditions imposed in Articles 3 to 19 ; the Member States may provide that such natural persons must also be approved;
(ii) a majority of the voting rights must be held by natural persons or firms of auditors who satisfy at least the conditions imposed in Articles 3 to 19 with the exception of Article 11 (1) (b) ; the Member States may provide that such natural persons or firms of auditors must also be approved. However, those Member States which do not impose such majority at the time of the adoption of this Directive need not impose it provided that all the shares in a firm of auditors are registered and can be transferred only with the agreement of the firm of auditors and/or, where the Member State so provides, with the approval of the competent authority;
(iii) a majority of the members of the administrative or management body of a firm of auditors must be natural persons or firms of auditors who satisfy at least the conditions imposed in Articles 3 to 19 ; the Member States may provide that such natural persons or firms of auditors must also be approved. Where such body has no more than two members, one of those members must satisfy at least those conditions.
Without prejudice to Article 14 (2), the approval of a firm of auditors must be withdrawn when any of the conditions imposed in (b) is no longer fulfilled. The Member States may, however, provide for a period of grace of not more than two years for the purpose of meeting the requirements imposed in (b) (ii) and (iii).
2. For the purposes of this Directive, the authorities of the Member States may be professional associations provided that they are authorized by national law to grant approval as defined in this Directive.
Article 3
The authorities of a Member State shall grant approval only to persons of good repute who are not carrying on any activity which is incompatible, under the law of that Member State, with the statutory auditing of the documents referred to in Article 1 (1).
Article 4
A natural person may be approved to carry out statutory audits of the documents referred to in Article 1 (1) only after having attained university entrance level, then completed a course of theoretical instruction, undergone practical training and passed an examination of professional competence of university, final examination level organized or recognized by the State.
Article 5
The examination of professional competence referred to in Article 4 must guarantee the necessary level of theoretical knowledge of subjects relevant to the statutory auditing of the documents referred to in Article 1 (1) and the ability to apply such knowledge in practice.
Part at least of that examination must be written.
Article 6
The text of theoretical knowledge included in the examination must cover the following subjects in particular: (a) - auditing,
- analysis and critical assessment of annual accounts,
- general accounting,
- consolidated accounts,
- cost and management accounting,
- internal audit,
- standards relating to the preparation of annual and consolidated accounts and to methods of valuing balance sheet items and of computing profits and losses,
- legal and professional standards relating to the statutory auditing of accounting documents and to those carrying out such audits;
(b) in so far as they are relevant to auditing: - company law,
- the law of insolvency and similar procedures,
- tax law,
- civil and commercial law,
- social-security law and law of employment,
- information and computer systems,
- business, general and financial economics,
- mathematics and statistics,
- basic principles of the financial management of undertakings.
Article 7
1. By way of derogation from Articles 5 and 6, a Member State may provide that a person who has passed a university or equivalent examination or holds a university degree or equivalent qualification in one or more of the subjects referred to in Article 6 may be exempted from the test of theoretical knowledge in the subjects covered by that examination or degree.
2. By way of derogation from Article 5, a Member State may provide that a holder of a university degree or equivalent qualification in one or more of the subjects referred to in Article 6 may be exempted from the test of the ability to apply in practice his theoretical knowledge of such subjects when he has received practical training in them attested by an examination or diploma recognized by the State.
Article 8
1. In order to ensure the ability to apply theoretical knowledge in practice, a test of which is included in the examination, a trainee must complete a minimum of three years' practical training in inter alia the auditing of annual accounts, consolidated accounts or similar financial statements. At least two-thirds of such practical training must be completed under a person approved under the law of the Member State in accordance with this Directive ; the Member State may, however, permit practical training to be carried out under a person approved by the law of another Member State in accordance with this Directive.
2. Member States shall ensure that all training is carried out under persons providing adequate guarantees regarding training.
Article 9
Member States may approve persons to carry out statutory audits of the documents referred to in Article 1 (1) even if they do not fulfil the conditions imposed in Article 4, if they can show either: (a) that they have, for 15 years, engaged in professional activities which have enabled them to acquire sufficient experience in the fields of finance, law and accountancy and have passed the examination of professional competence referred to in Article 4, or
(b) that they have, for seven years, engaged in professional activities in those fields and have, in addition, undergone the practical training referred to in Article 8 and passed the examination of professional competence referred to in Article 4.
Article 10
1. Member States may deduct periods of theoretical instruction in the fields referred to in Article 6 from the years of professional activity referred to in Article 9, provided that such instruction is attested by an examination recognized by the State. Such instruction must last not less than one year, nor may it reduce the period of professional activity by more than four years.
2. The period of professional activity as well as the practical training must not be shorter than the programme of theoretical instruction and the practical training required by Article 4.
Article 11
1. The authorities of a Member State may approve persons who have obtained all or part of their qualifications in another State provided they fulfil the following two conditions: (a) the competent authorities must consider their qualifications equivalent to those required under the law of that Member State in accordance with this Directive ; and
(b) they must have furnished proof of the legal knowledge required in that Member State for purposes of the statutory auditing of the documents referred to in Article 1 (1). The authorities of that Member State need not, however, require such proof where they consider legal knowledge obtained in another State sufficient.
2. Article 3 shall apply.
Article 12
1. A Member State may consider to be approved, in accordance with this Directive, those professional persons who were approved by individual acts of that Member State's competent authorities before the application of the provisions referred to in Article 30 (2).
2. The admission of a natural person to a professional association recognized by the State where, according to the law of that State, such admission confers on the members of that association the right to carry out statutory audits of the documents referred to in Article 1 (1), may be considered as approval by individual act for the purposes of paragraph 1 of this Article.
Article 13
Until the application of the provisions referred to in Article 30 (2), a Member State may consider approved, in accordance with this Directive, those professional persons who have not been approved by individual acts of the competent authorities but who have nevertheless the same qualifications in that Member State as persons approved by individual acts who on the date of approval are carrying out statutory audits of the documents referred to in Article 1 (1) on behalf of such approved persons.
Article 14
1. A Member State may consider to be approved in accordance with this Directive those firms of auditors which have been approved by individual acts of that Member State's competent authorities before the application of the provisions referred to in Article 30 (2).
2. The conditions imposed in Article 2 (1) (b) (ii) and (iii) must be complied with no later than the end of a period which may not be fixed at more than five years from the date of application of the provisions referred to in Article 30 (2).
3. Those natural persons who, until the application of the provisions referred to in Article 30 (2), carried out statutory audits of the documents referred to in Article 1 (1) in the name of a firm of auditors may, after that date, be authorized to continue to do so even if they do not fulfil all the conditions imposed by this Directive.
Article 15
Until one year after the application of the provisions referred to in Article 30 (2), those professional persons who have not been approved by individual acts of the competent authorities but who are nevertheless qualified in a Member State to carry out statutory audits of the documents referred to in Article 1 (1) and have in fact carried on such activities until that date may be approved by that Member State in accordance with this Directive.
Article 16
For one year after the application of the provisions referred to in Article 30 (2), Member States may apply transitional measures in respect of professional persons who, after that date, maintain the right to audit the annual accounting documents of certain types of company or firm not subject to statutory audit but who will no longer be able to carry out such audits upon the introduction of new statutory audits unless special measures are enacted for their benefit.
Article 17
Article 3 shall apply to Articles 15 and 16.
Article 18
1. For six years after the application of the provisions referred to in Article 30 (2), Member States may apply transitional measures in respect of persons already undergoing professional or practical training when those provisions are applied who, on completion of their training, would not fulfil the conditions imposed by this Directive and would therefore be unable to carry out statutory audits of the documents referred to in Article 1 (1) for which they had been trained.
2. Article 3 shall apply.
Article 19
None of the professional persons referred to in Articles 15 and 16 or of those persons referred to in Article 18 may be approved by way of derogation from Article 4 unless the competent authorities consider that they are fit to carry out statutory audits of the documents referred to in Article 1 (1) and have qualifications equivalent to those of persons approved under Article 4.
Article 20
A Member State which does not make use of the possibility provided for in Article 51 (2) of Directive 78/660/EEC and in which, at the time of the adoption of this Directive, several categories of natural persons may, under national legislation, carry out statutory audits of the documents referred to in Article 1 (1) (a) of this Directive, may, until subsequent coordination of the statutory auditing of accounting documents, specially approve, for the purpose of carrying out statutory audits of the documents referred to in Article 1 (1) (a) in the case of a company which does not exceed the limits of two of the three criteria established in Article 27 of Directive 78/660/EEC, natural persons acting in their own names who: (a) fulfil the conditions imposed in Articles 3 to 19 of this Directive save that the level of the examination of professional competence may be lower than that required in Article 4 of this Directive ; and
(b) have already carried out the statutory audit of the company in question before it exceeded the limits of two of the three criteria established in Article 11 of Directive 78/660/EEC.
However, if a company forms part of a body of undertakings to be consolidated which exceeds the limits of two of the three criteria established in Article 27 of Directive 78/660/EEC, such persons may not carry out the statutory audit of the documents referred to in Article 1 (1) (a) of this Directive in the case of that company.
Article 21
A Member State which does not make use of the possibility provided for in Article 6 (1) of Directive 83/349/EEC and in which, when this Directive is adopted, several categories of natural persons may, under national legislation, carry out statutory audits of the documents referred to in Article 1 (1) (b) of this Directive may, until subsequent coordination of the statutory auditing of accounting documents, specially approve, for the purpose of carrying out statutory audits of the documents referred to in Article 1 (1) (b), a person approved pursuant to Article 20 of this Directive if on the parent undertaking's balance sheet date, the body of undertakings to be consolidated does not, on the basis of those undertakings' latest annual accounts, exceed the limits of two of the three criteria established in Article 27 of Directive 78/660/EEC, provided that he is empowered to carry out the statutory audit, of the documents referred to in Article 1 (1) (a) of this Directive, of all the undertakings included in the consolidation.
Article 22
A Member State which makes use of Article 20 may allow the practical training of the persons concerned as referred to in Article 8 to be completed under a person who has been approved under the law of that Member State to carry out the statutory audits referred to in Article 20.
SECTION III Professional integrity and independence
Article 23
Member States shall prescribe that persons approved for the statutory auditing of the documents referred to in Article 1 (1) shall carry out such audits with professional integrity.
Article 24
Member States shall prescribe that such persons shall not carry out statutory audits which they have required if such persons are not independent in accordance with the law of the Member State which requires the audit.
Article 25
Articles 23 and 24 shall also apply to natural persons who satisfy the conditions imposed in Articles 3 to 19 and carry out the statutory audit of the documents referred to in Article 1 (1) on behalf of a firm of auditors.
Article 26
Member States shall ensure that approved persons are liable to appropriate sanctions when they do not carry out audits in accordance with Articles 23, 24 and 25.
Article 27
Member States shall ensure at least that the members and shareholders of approved firms of auditors and the members of the administrative, management and supervisory bodies of such firms who do not personally satisfy the conditions laid down in Articles 3 to 19 in a particular Member State do not intervene in the execution of audits in any way which jeopardizes the independence of the natural persons auditing the documents referred to in Article 1 (1) on behalf of such firms of auditors.
SECTION IV Publicity
Article 28
1. Member States shall ensure that the names and addresses of all natural persons and firms of auditors approved by them to carry out statutory audits of the documents referred to in Article 1 (1) are made available to the public.
2. In addition, the following must be made available to the public in respect of each approved firm of auditors: (a) the names and addresses of the natural persons referred to in Article 2 (1) (b) (i) ; and
(b) the names and addresses of the members or shareholders of the firm of auditors;
(c) the names and addresses of the members of the administrative or management body of the firm of auditors.
3. Where a natural person is permitted to carry out statutory audits of the documents referred to in Article 1 (1) in the case of a company according to the conditions referred to in Articles 20, 21 and 22, paragraph 1 of this Article shall apply. The category of company or firm or the bodies of undertakings in respect of which such an audit is permitted must, however, be indicated.
SECTION V Final provisions
Article 29
The Contact Committee set up by Article 52 of Directive 78/660/EEC shall also: (a) facilitate, without prejudice to Articles 169 and 170 of the Treaty, harmonized application of this Directive through regular meetings dealing, in particular, with practical problems arising in connection with its application;
(b) advise the Commission, if necessary, on additions or amendments to this Directive.
Article 30
1. Member States shall bring into force before 1 January 1988 the laws, regulations and administrative provisions necessary for them to comply with this Directive. They shall forthwith inform the Commission thereof.
2. Member States may provide that the provisions referred to in paragraph 1 shall not apply until 1 January 1990.
3. Member States shall ensure that they communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
4. Member States shall also ensure that they communicate, to the Commission, lists of the examinations organized or recognized pursuant to Article 4.
Article 31
This Directive is addressed to the Member States. | [
"UKPGA19890040"
] |
31984L0378 | 1984 | Council Directive 84/378/EEC of 28 June 1984 amending the Annexes to Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products
Having regard to the Treaty establishing the European Economic Community,
Having regard to Directive 77/93/EEC (1), as last amended by Directive 81/7/EEC (2), and in particular Article 13 thereof,
Having regard to the proposal from the Commission,
Whereas the Community plant protection system should include provisions on protective measures against harmful organisms such as Amauromyza, Liriomyza and Radopholus;
Whereas the provisions on protective measures against harmful organisms such as Erwinia amylovora, Leptinotarsa decemlineata and Quadraspidiotus perniciosus should be improved, and in particular adapted to the present distribution of such organisms;
Whereas it is appropriate, furthermore, to clarify certain provisions of the Annexes and to take into account some growing, harvesting and processing practices and other data in respect of potatoes, lucerne seed, tomato seed, conifer wood and growing media, including soil,
Article 1
Annex I to Directive 77/93/EEC is hereby amended as follows: 1. In part A (a), the following is inserted before (1):
"01. Amauromyza maculosa (Malloch)";
2. In part A (a), the following are inserted:
" 7a. Liriomyza huidobrensis (Blanchard),
7b. Liriomyza sativae (Blanchard),
"; (1) OJ No L 26, 31.1.1977, p. 20. (2) OJ No L 14, 16.1.1981, p. 23.
3. In part A (a), points 17, 18 and 19 become points 02, 8a and 8b respectively;
4. Part A (e) (2) (a) is deleted;
5. Part A (e) (4) is replaced by the following:
"4. Potato spindle tuber viroid";
6. In part B (a), the following is inserted: >PIC FILE= "T0026069">
Article 2
Annex II to Directive 77/93/EEC is hereby amended as follows:
In part A (a), the following are inserted: >PIC FILE= "T0026070">
Article 3
Annex III to Directive 77/93/EEC is hereby amended as follows: 1. Part A (8) is deleted;
2. In part A, the following is inserted: >PIC FILE= "T0026071">
3. In part A, the following is added: >PIC FILE= "T0026072">
4. In part B (1), "(Citrus L.)" is replaced by "(Citrus L., Fortunella Swingle, Poncirus Raf.)";
5. In part B, the following is added: >PIC FILE= "T0026073">
>PIC FILE= "T0026074">
Article 4
Annex IV to Directive 77/93/EEC is hereby amended as follows: 1. The right-hand column of part A (1) is replaced by the following:
"The wood shall be stripped of its bark or there shall be evidence by a mark "Kiln-dried", "K.D." or another internationally recognized mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule";
2. In part A, the following is inserted: >PIC FILE= "T0026075">
>PIC FILE= "T0026076">
3. Part A (15) is replaced by the following: >PIC FILE= "T0026077">
4. In part A, the following is inserted: >PIC FILE= "T0026078">
>PIC FILE= "T0026079">
5. In part A, the following is inserted: >PIC FILE= "T0026080">
>PIC FILE= "T0026081">
6. Part A (35) is replaced by the following: >PIC FILE= "T0026082">
7. Part A (36) is deleted;
8. In part A (39), the second indent of the right-hand column is replaced by the following:
"- either: - the crop belongs to a variety recognized as being highly resistant to Corynebacterium insidiosum, or
- it had not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there was not more than one preceding seed harvest from the crop, or
- the content of inert matter which has been determined in accordance with the rules applicable for certification of seed marketed in the Community, does not exceed 0,1 % by weight";
9. In part A (41), the right-hand column shall be replaced by the following:
"Official statement that: 1. the seeds have been obtained by means of an appropriate acid extraction method or an equivalent method approved in accordance with the procedure laid down in Article 16, and
2. (a) either the seeds originate in regions where Corynebacterium michiganense, Xanthomonas vesicatoria or Potato spindle tuber viroid are not known to occur, or
(b) no symptoms of diseases caused by those harmful organisms have been observed at the place of production since the beginning of the last complete cycle of vegetation, or
(c) the seeds have been subjected to official testing for at least those harmful organisms, on a representative sample and using appropriate methods, and have been found to be free, in these tests, from those harmful organisms";
10. In part B, the following shall be inserted: >PIC FILE= "T0026083">
>PIC FILE= "T0026084">
11. In part B (14), in the left-hand column, "Apium" is inserted before "Beta", and "and Lactuca" is replaced by "Lactuca, Petroselinum and Spinacea";
12. In part B (14), the following is added to the first indent of the central column:
"in particular in crops of potatoes or egg-plants in the immediate vicinity or, where there has been previous production of potatoes or egg-plants, at the place of production, unless no contamination by Leptinotarsa decemlineata has been observed in those crops in official inspections carried out at least twice since the beginning of their last complete cycle of vegetation".
Article 5
Annex V to Directive 77/93/EEC is hereby amended as follows: 1. In point 2 (a), "Dendranthema" is inserted after "Chrysanthemum" and "Gypsophila" is inserted after "Gladiolus".
2. Point 5 is replaced by the following:
"5. (a) Growing medium as such, which consists in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark, other than that composed entirely of peat, or
(b) growing medium, attached to or associated with plants, consisting in whole or in part of material specified in (a) or consisting in whole or in part of peat or of any solid inorganic substance intended to sustain the vitality of the plants, originating in countries to which Annex III (A) (1) or (12) applies."
Article 6
Annex VI is hereby deleted.
Article 7
Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 1 July 1985 at the latest.
Member States shall immediately inform the Commission of all laws, regulations and administrative provisions adopted in implementation of this Directive. The Commission shall inform the other Member States thereof.
Article 8
This Directive is addressed to the Member States. | [
"UKSI19871758"
] |
31984L0360 | 1984 | Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the 1973 (4), 1977 (5) and 1983 (6) action programmes of the European Communities on the environment stress the importance of the prevention and reduction of air pollution;
Whereas the 1973 and 1977 action programmes in particular provide not only for the objective evaluation of the risks to human health and to the environment from air pollution but also for the formulation of quality objectives and the setting of quality standards, especially for a number of air pollutants regarded as the most hazardous;
Whereas the Council has already adopted several Directives under these programmes;
Whereas, moreover, under Decision 81/462/EEC (7) the Community is a party to the Convention on long-range transboundary air pollution;
Whereas the 1983 action programme, the general guidelines of which have been approved by the Council of the European Communities and by the representatives of the Member States meeting within the Council, envisages that the Commission will continue its efforts to establish air quality standards and that where appropriate emission standards for certain types of source should be laid down;
Whereas all the Member States have laws, regulations and administrative provisions concerning the combating of air pollution from stationary industrial plants ; whereas several Member States are in the process of amending the existing provisions;
Whereas the disparities between the provisions concerning the combating of air pollution from industrial installations currently in force, or in the process of amendment, in the different Member States are liable to create unequal conditions of competition and thus have a direct effect on the functioning of the common market ; whereas, therefore, approximation of the law in this field is required, as provided for by Article 100 of the Treaty;
Whereas one of the essential tasks of the Community is to promote throughout the Community a harmonious development of economic activities and a continuous and balanced expansion, tasks which are inconceivable in the absence of a campaign to combat pollution and nuisances or of an improvement in the quality of life and in the protection of the environment;
Whereas the Community should and must help increase the effectiveness of action undertaken by the Member States to combat air pollution from stationary industrial plants;
Whereas in order to achieve this end certain principles aiming at the implementation of a series of measures and procedures designed to prevent and reduce air pollution from industrial plants within the Community should be introduced;
Whereas the Community's endeavours to introduce these principles can be only gradual, bearing in mind the complexity of the situations and the fundamental principles on which the various national policies are based; (1) OJ No C 139, 27.5.1983, p. 5. (2) OJ No C 342, 19.12.1983, p. 160. (3) OJ No C 23, 30.1.1984, p. 27. (4) OJ No C 112, 20.12.1973, p. 1. (5) OJ No C 139, 13.6.1977, p. 1. (6) OJ No C 46, 17.2.1983, p. 1. (7) OJ No L 171, 27.6.1981, p. 11.
Whereas initially a general framework should be introduced to permit the Member States to adapt, where necessary, their existing rules to the principles adopted at Community level ; whereas the Member States should therefore introduce a system of prior authorization for the operation and substantial alteration of stationary industrial plants which can cause air pollution;
Whereas, moreover, the competent national authorities cannot grant such authorization unless a number of conditions have been fulfilled, including the requirements that all appropriate preventive measures are taken, and that the operation of the plant does not result in a significant level of air pollution;
Whereas it should be possible to apply special provisions in particularly polluted areas and in areas in need of special protection;
Whereas the rules applicable to the authorization procedures and to the determination of emissions must satisfy certain requirements;
Whereas in certain situations the competent authorities must explore the need to impose further requirements, which, however, must not result in excessive costs for the undertaking concerned;
Whereas the provisions taken pursuant to this Directive are to be applied gradually to existing plants, taking due account of technical factors and the economic effects;
Whereas provision must be made for cooperation between the Member States themselves and with the Commission to facilitate implementation of the measures designed to prevent and to reduce air pollution and to develop preventive technology,
Article 1
The purpose of this Directive is to provide for further measures and procedures designed to prevent or reduce air pollution from industrial plants within the Community, particularly those belonging to the categories set out in Annex I.
Article 2
For the purposes of this Directive: 1. "Air pollution" means the introduction by man, directly or indirectly, of substances or energy into the air resulting in deleterious effects of such a nature as to endanger human health, harm living resources and ecosystems and material property and impair or interfere with amenities and other legitimate uses of the environment.
2. "Plant" means any establishment or other stationary plant used for industrial or public utility purposes which is likely to cause air pollution.
3. "Existing plant" means a plant in operation before 1 July 1987 or built or authorized before that date.
4. "Air quality limit values" means the concentration of polluting substances in the air during a specified period which is not to be exceeded.
5. "Emission limit values" means the concentration and/or mass of polluting substances in emissions from plants during a specified period which is not to be exceeded.
Article 3
1. Member States shall take the necessary measures to ensure that the operation of plants belonging to the categories listed in Annex I requires prior authorization by the competent authorities. The necessity to meet the requirements prescribed for such authorization must be taken into account at the plant's design stage.
2. Authorization is also required in the case of substantial alteration of all plants which belong to the categories listed in Annex I or which, as a result of the alteration, will fall within those categories.
3. Member States may require other categories of plants to be subject to authorization or, where national legislation so provides, prior notification.
Article 4
Without prejudice to the requirements laid down by national and Community provisions with a purpose other than that of this Directive, an authorization may be issued only when the competent authority is satisfied that: 1. all appropriate preventive measures against air pollution have been taken, including the application of the best available technology, provided that the application of such measures does not entail excessive costs;
2. the use of plant will not cause significant air pollution particularly from the emission of substances referred to in Annex II;
3. none of the emission limit values applicable will be exceeded;
4. all the air quality limit values applicable will be taken into account.
Article 5
Member States may: - define particularly polluted areas for which emission limit values more stringent than those referred to in Article 4 may be fixed,
- define areas to be specially protected for which air quality limit values and emission limit values more stringent than those referred to in Article 4 may be fixed,
- decide that, within the abovementioned areas, specified categories of plants set out in Annex I may not be built or operated unless special conditions are complied with.
Article 6
Applications for authorization shall include a description of the plant containing the necessary information for the purposes of the decision whether to grant authorization in accordance with Articles 3 and 4.
Article 7
Subject to the provisions regarding commercial secrecy, Member States shall exchange information among themselves and with the Commission regarding their experience and knowledge of measures for prevention and reduction of air pollution, as well as technical processes and equipment and air quality and emission limit values.
Article 8
1. The Council, acting unanimously on a proposal from the Commission, shall if necessary fix emission limit values based on the best available technology not entailing excessive costs, and taking into account the nature, quantities and harmfulness of the emissions concerned.
2. The Council, acting unanimously on a proposal from the Commission, shall stipulate suitable measurement and assessment techniques and methods.
Article 9
1. Member States shall take the necessary measures to ensure that applications for authorization and the decisions of the competent authorities are made available to the public concerned in accordance with procedures provided for in the national law.
2. Paragraph 1 shall apply without prejudice to specific national or Community provisions concerning the assessment of the environmental effects of public and private projects and subject to observance of the provisions regarding commercial secrecy.
Article 10
The Member States shall make available to the other Member States concerned, as a basis for all necessary consultation within the framework of their bilateral relations, the same information as is furnished to their own nationals.
Article 11
Member States shall take the necessary measures to ensure that emissions from plants are determined for the purpose of monitoring compliance with the obligations referred to in Article 4. The determination methods must be approved by the competent authorities.
Article 12
The Member States shall follow developments as regards the best available technology and the environmental situation.
In the light of this examination they shall, if necessary, impose appropriate conditions on plants authorized in accordance with this Directive, on the basis both of those developments and of the desirability of avoiding excessive costs for the plants in question, having regard in particular to the economic situation of the plants belonging to the category concerned.
Article 13
In the light of an examination of developments as regards the best available technology and the environmental situation, the Member States shall implement policies and strategies, including appropriate measures, for the gradual adaptation of existing plants belonging to the categories given in Annex I to the best available technology, taking into account in particular: - the plant's technical characteristics,
- its rate of utilization and length of its remaining life,
- the nature and volume of polluting emissions from it,
- the desirability of not entailing excessive costs for the plant concerned, having regard in particular to the economic situation of undertakings belonging to the category in question.
Article 14
Member States may, in order to protect public health and the environment, adopt provisions stricter than those provided for in this Directive.
Article 15
The Directive does not apply to industrial plants serving national defence purposes.
Article 16
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 June 1987.
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.
Article 17
This Directive is addressed to the Member States. | [
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31984L0414 | 1984 | Commission Directive 84/414/EEC of 18 July 1984 adapting to technical progress Directive 76/764/EEC on the approximation of the laws of the Member States relating to clinical mercury-in-glass maximum-reading thermometers
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (1), as last amended by Directive 83/575/EEC (2), and in particular Article 17 thereof,
Whereas, since the adoption of Directive 76/764/EEC on the approximation of the laws of the Member States on clinical mercury-in-glass maximum-reading thermometers (3), as amended by Directive 83/128/EEC (4), new techniques have been developed in this field; whereas these techniques have made it necessary to conduct additional tests in order to establish the quality of the glass employed; whereas the Annexes to that Directive must, therefore, now be amended and modified in several points; whereas in the interests of clarity it is therefore appropriate to adopt a consolidated text for those Annexes;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the Adaptation to Technical Progress of Directives on the Removal of Technical Barriers to Trade in Measuring Instruments,
Article 1
Annexes I and II to Directive 76/764/EEC are hereby replaced by the Annexes to this Directive.
Article 2
Member States shall bring into force laws, regulations and administrative provisions necessary to comply with this Directive on 1 January 1986. They shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States. | [
"UKSI19932360"
] |
31984L0450 | 1984 | Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the laws against misleading advertising now in force in the Member States differ widely; whereas, since advertising reaches beyond the frontiers of individual Member States, it has a direct effect on the establishment and the functioning of the common market;
Whereas misleading advertising can lead to distortion of competition within the common market;
Whereas advertising, whether or not it induces a contract, affects the economic welfare of consumers;
Whereas misleading advertising may cause a consumer to take decisions prejudicial to him when acquiring goods or other property, or using services, and the differences between the laws of the Member States not only lead, in many cases, to inadequate levels of consumer protection, but also hinder the execution of advertising campaigns beyond national boundaries and thus affect the free circulation of goods and provision of services;
Whereas the second programme of the European Economic Community for a consumer protection and information policy (4) provides for appropriate action for the protection of consumers against misleading and unfair advertising;
Whereas it is in the interest of the public in general, as well as that of consumers and all those who, in competition with one another, carry on a trade, business, craft or profession, in the common market, to harmonize in the first instance national provisions against misleading advertising and that, at a second stage, unfair advertising and, as far as necessary, comparative advertising should be dealt with, on the basis of appropriate Commission proposals;
Whereas minimum and objective criteria for determining whether advertising is misleading should be established for this purpose;
Whereas the laws to be adopted by Member States against misleading advertising must be adequate and effective;
Whereas persons or organizations regarded under national law as having a legitimate interest in the matter must have facilities for initiating proceedings against misleading advertising, either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings;
Whereas it should be for each Member State to decide whether to enable the courts or administrative authorities to require prior recourse to other established means of dealing with the complaint;
Whereas the courts or administrative authorities must have powers enabling them to order or obtain the cessation of misleading advertising;
Whereas in certain cases it may be desirable to prohibit misleading advertising even before it is published; whereas, however, this in no way implies that Member States are under an obligation to introduce rules requiring the systematic prior vetting of advertising;
Whereas provision should be made for accelerated procedures under which measures with interim or definitive effect can be taken;
Whereas it may be desirable to order the publication of decisions made by courts or administrative authorities or of corrective statements in order to eliminate any continuing effects of misleading advertising;
Whereas administrative authorities must be impartial and the exercise of their powers must be subject to judicial review;
Whereas the voluntary control exercised by self-regulatory bodies to eliminate misleading advertising may avoid recourse to administrative or judicial action and ought therefore to be encouraged;
Whereas the advertiser should be able to prove, by appropriate means, the material accuracy of the factual claims he makes in his advertising, and may in appropriate cases be required to do so by the court or administrative authority;
Whereas this Directive must not preclude Member States from retaining or adopting provisions with a view to ensuring more extensive protection of consumers, persons carrying on a trade, business, craft or profession, and the general public,
Article 1
The purpose of this Directive is to protect consumers, persons carrying on a trade or business or practising a craft or profession and the interests of the public in general against misleading advertising and the unfair consequences thereof.
Article 2
For the purposes of this Directive:
1. 'advertising' means the making of a representation in any form in connection with a trade, business, craft or profession in order to promote the supply of goods or services, including immovable property, rights and obligations;
2. 'misleading advertising' means any advertising which in any way, including its presentation, deceives or is likely to deceive the persons to whom it is addressed or whom it reaches and which, by reason of its deceptive nature, is likely to affect their economic behaviour or which, for those reasons, injures or is likely to injure a competitor;
3. 'person' means any natural or legal person.
Article 3
In determining whether advertising is misleading, account shall be taken of all its features, and in particular of any information it contains concerning:
(a) the characteristics of goods or services, such as their availability, nature, execution, composition, method and date of manufacture or provision, fitness for purpose, uses, quantity, specification, geographical or commercial origin or the results to be expected from their use, or the results and material features of tests or checks carried out on the goods or services;
(b) the price or the manner in which the price is calculated, and the conditions on which the goods are supplied or the services provided;
(c) the nature, attributes and rights of the advertiser, such as his identity and assets, his qualifications and ownership of industrial, commercial or intellectual property rights or his awards and distinctions.
Article 4
1. Member States shall ensure that adequate and effective means exist for the control of misleading advertising in the interests of consumers as well as competitors and the general public. Such means shall include legal provisions under which persons or organizations regarded under national law as having a legitimate interest in prohibiting misleading advertising may:
(a) take legal action against such advertising; and/or
(b) bring such advertising before an administrative authority competent either to decide on complaints or to initiate appropriate legal proceedings.
It shall be for each Member State to decide which of these facilities shall be available and whether to enable the courts or administrative authorities to require prior recourse to other established means of dealing with complaints, including those referred to in Article 5.
2. Under the legal provisions referred to in paragraph 1, Member States shall confer upon the courts or administrative authorities powers enabling them, in cases where they deem such measures to be necessary taking into account all the interests involved and in particular the public interest:
- to order the cessation of, or to institute appropriate legal proceedings for an order for the cessation of, misleading advertising, or
- if misleading advertising has not yet been published but publication is imminent, to order the prohibition of, or to institute appropriate legal proceedings for an order for the prohibition of, such publication,
even without proof of actual loss or damage or of intention or negligence on the part of the advertiser.
Member States shall also make provision for the measures referred to in the first subparagraph to be taken under an accelerated procedure:
- either with interim effect, or
- with definitive effect,
on the understanding that it is for each Member State to decide which of the two options to select.
Furthermore, Member States may confer upon the courts or administrative authorities powers enabling them, with a view to eliminating the continuing effects of misleading advertising the cessation of which has been ordered by a final decision:
- to require publication of that decision in full or in part and in such form as they deem adequate,
- to require in addition the publication of a corrective statement.
3. The administrative authorities referred to in paragraph 1 must:
(a) be composed so as not to cast doubt on their impartiality;
(b) have adequate powers, where they decide on complaints, to monitor and enforce the observance of their decisions effectively;
(c) normally give reasons for their decisions.
Where the powers referred to in paragraph 2 are exercised exclusively by an administrative authority, reasons for its decisions shall always be given. Furthermore in this case, provision must be made for procedures whereby improper or unreasonable exercise of its powers by the administrative authority or improper or unreasonable failure to exercise the said powers can be the subject of judicial review.
Article 5
This Directive does not exclude the voluntary control of misleading advertising by self-regulatory bodies and recourse to such bodies by the persons or organizations referred to in Article 4 if proceedings before such bodies are in addition to the court or administrative proceedings referred to in that Article.
Article 6
Member States shall confer upon the courts or administrative authorities powers enabling them in the civil or administrative proceedings provided for in Article 4:
(a) to require the advertiser to furnish evidence as to the accuracy of factual claims in advertising if, taking into account the legitimate interests of the advertiser and any other party to the proceedings, such a requirement appears appropriate on the basis of the circumstances of the particular case; and
(b) to consider factual claims as inaccurate if the evidence demanded in accordance with (a) is not furnished or is deemed insufficient by the court or administrative authority.
Article 7
This Directive shall not preclude Member States from retaining or adopting provisions with a view to ensuring more extensive protection for consumers, persons carrying on a trade, business, craft or profession, and the general public. Article 8
Member States shall bring into force the measures necessary to comply with this Directive by 1 October 1986 at the latest. They shall forthwith inform the Commission thereof.
Member States shall communicate to the Commission the text of all provisions of national law which they adopt in the field covered by this Directive.
Article 9
This Directive is addressed to the Member States. | [
"UKSI19880740",
"UKSI19880915"
] |
31984L0526 | 1984 | Council Directive 84/526/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to seamless, unalloyed aluminium and aluminium alloy gas cylinders
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas in the Member States the construction and inspection of gas cylinders are subject to mandatory provisions which differ from one Member State to another and consequently hinder trade in such cylinders ; whereas it is therefore necessary to approximate these provisions;
Whereas Council Directive 76/767/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods of inspecting them (4), as amended by the Act of Accession of 1979, lays down in particular the EEC pattern approval and verification procedures for these vessels ; whereas, in accordance with that Directive, it is necessary to lay down the technical requirements to be complied with by EEC-type seamless, unalloyed aluminium and aluminium alloy gas cylinders with a capacity of 0,5 to 150 litres in order to be imported, marketed and used without restraint after undergoing the inspections and having affixed to them marks and signs laid down,
Article 1
1. This Directive shall apply to seamless, unalloyed aluminium and aluminium alloy gas cylinders, formed from a single piece, capable of being refilled and transported, with a capacity of between 0,5 and 150 litres inclusive and designed to contain compressed, liquefied or dissolved gases. These gas cylinders are hereinafter referred to as "cylinders".
2. This Directive shall not apply to: - cylinders manufactured from an aluminium alloy with a guaranteed minimum tensile strength greater than 500 N/mm2,
- cylinders to which metal is added when the base is being sealed.
Article 2
For the purpose of this Directive, "EEC-type cylinder" shall mean any cylinder designed and manufactured in such a way that it satisfies the requirements of this Directive and of Directive 76/767/EEC.
Article 3
No Member State may, on grounds relating to the construction or inspection of a cylinder within the meaning of Directive 76/767/EEC and this Directive, refuse, prohibit or restrict the placing on the market and putting into service of an EEC-type cylinder.
Article 4
All EEC-type cylinders shall be subject to EEC pattern approval.
All EEC-type cylinders shall be subject to EEC verification with the exception of cylinders with a hydraulic test pressure of 120 bars or less and a capacity of not more than one litre.
Article 5
Any amendments necessary to adapt sections 2.1.5, 2.4, 3.1.0, 3.4, 3.5, 3.6, 3.7, 4, 5 and 6 of Annex I and the other Annexes to this Directive to technical progress (1) OJ No C 104, 13.9.1974, p. 75. (2) OJ No C 5, 8.1.1975, p. 52. (3) OJ No C 62, 15.3.1975, p. 32. (4) OJ No L 262, 27.9.1976, p. 153. shall be adopted in accordance with the procedure laid down in Article 20 of Directive 76/767/EEC.
Article 6
The procedure laid down in Article 17 of Directive 76/767/EEC shall apply to section 2.3 of Annex I to this Directive.
Article 7
1. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive within 18 months following its notification (1) and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 8
This Directive is addressed to the Member States. | [
"UKSI19870116",
"UKSI19880896"
] |
31984L0539 | 1984 | Council Directive 84/539/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to electro-medical equipment used in human or veterinary medicine
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, in each Member State, electro-medical equipment used in human or veterinary medicine must meet a high and clearly-defined degree of safety both for the users of such equipment and for those receiving treatment by means of the equipment;
Whereas several Member States have sought to ensure that degree of safety by mandatory specifications relating both to the technical safety regulations and the inspection procedures ; whereas those specifications differ from one Member State to another;
Whereas these obstacles to the establishment and operation of the common market can be reduced or even eliminated if the same specifications are adopted by all the Member States, either in addition to or in place of their present legislation;
Whereas it is advisable in the first instance to harmonize at Community level one section of the equipment in question ; whereas the most adequate form of harmonization is by reference to the standards drawn up by the European Committee for Electrotechnical Standardization (Cenelec);
Whereas, in order to ensure that the equipment complies with the harmonized standards, the manufacturer acknowledges his responsibility by a mark or declaration of conformity;
Whereas technical progress requires prompt adaptation of the technical specifications laid down by the Directives with respect to electro-medical equipment ; whereas, in order to facilitate the implementation of the measures required, provision should be made for a procedure establishing dose cooperation between the Member States and the Commission within the Committee on the Adaptation to Technical Progress of the Directives for Removing Technical Barriers to Trade in Electro-medical Equipment;
Whereas electro-medical equipment, although conforming to the requirements of this Directive, might endanger public safety and health ; whereas a procedure should therefore be laid down to obviate this risk,
Article 1
This Directive shall apply to the electro-medical equipment listed in Annex II (hereinafter called "equipment") which is intended, by its nature, for use in human or veterinary medicine.
Article 2
1. Member States may not, on grounds of safety relating to its manufacture, refuse, prohibit or restrict the sale, free movement or use for its intended purpose of the equipment referred to in Article 1 of this Directive where it conforms with the requirements of this Directive.
Annex I contains the technical requirements to which the equipment must conform. (1) OJ No C 33, 12.2.1975, p. 5. (2) OJ No C 76, 14.3.1975, p. 37. (3) OJ No C 233, 17.11.1975, p. 39.
2. The conformity of equipment to the requirements of this Directive shall be attested by the manufacturer or by the importer, under the latter's responsibility, by the affixing of a mark which conforms to the specimen shown in Annex III or by a declaration which conforms to the specimen shown in Annex IV.
Article 3
Member States shall ensure that the services provided with the help of equipment meeting the requirements of this Directive are reimbursed on the same terms as the services provided with the help of equipment meeting the criteria required under the provisions in force within their territory- as regards the authorized applications and minimum requirements for the equipment.
Article 4
The following shall be adopted in accordance with the procedure laid down in Article 6: - any amendments to Annex I made necessary by the adaptation to technical progress of the harmonized standards by the relevant standards organization,
- any amendments to Annex I which are desirable because of adaptation to technical progress where the relevant standards organization has not made the corresponding amendments to the harmonized standard.
In the latter case, the amendments shall be notified to the competent standards organization.
Article 5
1. A Committee on the Adaptation to Technical Progress of the Directives for Removing Technical Barriers to Trade in Electro-medical Equipment (hereinafter called "the Committee") is hereby set up ; it shall consist of representatives of the Member States and shall be chaired by a Commission representative.
2. The Committee shall draw up its own rules of procedure.
Article 6
1. Where reference is made to the procedure laid down in this Article, the matter shall be referred to the Committee by its chairman, either on his own initiative or at the request of a representative of a Member State.
2. The Commission representative shall submit to the Committee a draft of the measures to be taken. The Committee shall give its opinion on that draft within a time limit set by the chairman having regard to the urgency of the matter. Opinions shall be delivered by a majority of 45 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.
3. (a) Where the proposed measures are in accordance with the opinion of the Committee the Commission shall adopt them.
(b) Where the proposed measures are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken. The Council shall act by a qualified majority.
(c) If, within three months of the proposal being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 7
1. If a Member State determines, on the basis of a substantiated justification, that one or more appliances, although complying with the requirements of this Directive, represent a hazard to safety, it may provisionally prohibit the sale, free movement or use of the appliance or appliances on its territory or make it subject to special conditions. It shall immediately inform the other Member States and the Commission thereof, stating the grounds for its decision.
2. The Commission shall, within six weeks, consult the Member States concerned, following which it shall deliver its opinion without delay and take the appropriate steps.
3. If the Commission is of the opinion that technical adaptations to the Directive are necessary, such adaptations shall be adopted by either the Commission or the Council in accordance with the procedure laid down in Article 6. In that case, the Member State which has adopted the safeguard measures may maintain them until the entry into force of the adaptations.
Article 8
1. Member States shall take all appropriate measures to ensure that the marks and declaration of conformity referred to in Article 2 are issued by the manufacturer or the importer only under the conditions laid down in the Directive.
2. Member States shall make all necessary arrangements to ensure adequate surveillance of the manufacture of the equipment.
Article 9
Member States shall take all appropriate measures to prevent the use on equipment of marks or markings which might be confused with the EEC mark described in Annex III.
Article 10
1. Member States shall bring into force the measures necessary to comply with this Directive within 24 months of its notification and shall forthwith inform the Commission thereof (1).
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.
Article 11
This Directive is addressed to the Member States. | [
"UKSI19870116",
"UKSI19881586"
] |
31984L0527 | 1984 | Council Directive 84/527/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to welded unalloyed steel gas cylinders
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas in the Member States the construction and the inspection of gas cylinders are subject to mandatory provisions varying from one Member State to another and consequently hinder trade in such cylinders ; whereas it is therefore necessary to approximate these provisions;
Whereas Council Directive 76/767/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods of inspecting them (4), lays down in particular the procedures of EEC pattern approval and verification for these vessels ; whereas according to this Directive it is advisable to lay down the technical requirements to be complied with by EEC-type welded unalloyed steel gas cylinders with a capacity of 0,5 to 150 litres in order to be put into circulation, commercialized and used without restraint after having undergone inspection and bearing accordingly a mark and a symbol,
Article 1
This Directive shall apply to welded unalloyed steel gas cylinders formed from several pieces, of an actual thickness of 5 mm or less, capable of being refilled several times, with a capacity ranging from 0,5 to 150 litres inclusive and designed to contain and transport compressed, liquefied or dissolved gases except liquefied gases at very low temperatures and acetylene. The design pressure (Ph) of these cylinders shall not exceed 60 bars. These gas cylinders are hereinafter referred to as "cylinders".
Article 2
For the purposes of this Directive, "EEC-type cylinder" shall mean any cylinder designed and manufactured in such a way that it satisfies the requirements of this Directive and of Directive 76/767/EEC.
Article 3
No Member State may, on grounds relating to the construction or inspection of a cylinder within the meaning of Directive 76/767/EEC and this Directive refuse, prohibit or restrict the placing on the market and putting into service of an EEC-type cylinder.
Article 4
All EEC-type cylinders shall be subject to EEC pattern approval.
All EEC-type cylinders shall be subject to EEC verification with the exception of cylinders with a capacity of not more than 1 litre.
Article 5
Any amendments necessary to adapt sections 1, 2.1.1, 2.3 except for 2.3.3, 2.4 except for 2.4.1 and 2.4.2.1, 3.1.1, 3.1.2, 3.3, 3.4, 3.5, 5 except for 5.2.2 and 5.3, and 6 of Annex I and Annexes II and III to this Directive to technical progress shall be adopted in accordance with the procedure laid down in Article 20 of Directive 76/767/EEC. (1) OJ No C 104, 13.9.1974, p. 59. (2) OJ No C 5, 8.1.1975, p. 52. (3) OJ No C 62, 15.3.1975, p. 31. (4) OJ No L 262, 27.9.1976, p. 153.
Article 6
The procedure laid down in Article 17 of Directive 76/767/EEC may apply to sections 2.2, 2.3.2 and 3.4.1.1 of Annex I to this Directive.
Article 7
1. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive within 18 months of its notification (1) and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 8
This Directive is addressed to the Member States. | [
"UKSI19870116",
"UKSI19880896"
] |
31984L0538 | 1984 | Council Directive 84/538/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of lawnmowers
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the technical requirements with which lawnmowers must comply under the terms of the national laws concern, inter alia, their noise emission ; whereas these requirements differ from one Member State to another whereas, through their disparities, they hamper trade within the European Community;
Whereas these obstacles to the establishment and operation of the common market can be reduced or even removed if the same requirements are adopted by all the Member States in place of their existing laws;
Whereas the main objective of the provisions of this Directive is to ensure protection against nuisances due to noise by reducing the inconvenience caused by the noises emitted by lawnmowers;
Whereas it is therefore necessary to determine at Community level the permissible upper limits for noise emissions from lawnmowers and a common method for measuring such emissions;
Whereas it is desirable to bring to the attention of the consumer the acoustic quality of lawnmowers ; whereas an effective method of informing the consumer is to require that each lawnmower should be marked with the level of its acoustic force ; whereas it is, however, pointless to require this mark on lawnmowers which are not noisy by construction, such as electric lawnmowers with a small cutting-width;
Whereas the conformity of lawnmowers with this Directive may be presumed by virtue of the certificate of conformity issued by the manufacturer, or by the importer resident in the Community ; whereas the Member States must recognize such certificates as conclusive evidence, thus ensuring the free movement of lawnmowers throughout the Community;
Whereas, without prejudice to Articles 169 and 170 of the Treaty, it is advisable, within the framework of cooperation between the competent authorities of the Member States, to lay down provisions to help resolve disputes of a technical nature regarding the conformity of production models with the requirements of this Directive;
Whereas it should be expressly confirmed that those concerned must have available to them appropriate legal remedies in respect of decisions taken by the appropriate national authorities for purposes of implementing this Directive;
Whereas technical progress requires prompt adjustment of the technical requirements specified in this Directive ; whereas, in order to facilitate implementation of the measures required for this purpose, a procedure should be prescribed for establishing dose cooperation between the Member States and the Commission within the committee established by Article 5 of Council Directive 79/113/EEC of 19 December 1978 on the approximation of the laws of the Member States relating to the determination of the noise emission of construction plant and equipment (4), as amended by Directive 81/1051/EEC (5), (1) OJ No C 86, 2.4.1979, p. 9. (2) OJ No C 127, 21.5.1979, p. 80. (3) OJ No C 247, 11.10.1979, p. 19. (4) OJ No L 33, 8.2.1979, p. 15. (5) OJ No L 376, 30.12.1981, p. 42.
Article 1
1. The purpose of this Directive is to restrict the permissible sound power level of lawnmowers by specifying upper limits and the methods for measuring such level.
2. "Lawnmower" means all motorized equipment appropriate for the upkeep by cutting, by whatever method, of areas under grass used for recreational, decorative or similar purposes.
3. This Directive applies to mowers as referred to in paragraph 2, except for the following: - motorized cylinder mowers,
- agricultural and forestry equipment,
- non-independent devices (e.g. drawn cylinders), with cutting devices actuated by the wheels or by an integrated drawing or carrier component,
- multi-purpose devices the main motorized components of which have an installed power of over 20 kW.
Article 2
Member States shall take all appropriate measures to ensure that lawnmowers as defined in Article 1 may not be placed on the market unless their sound power levels, as measured under the conditions specified in Annex I, do not exceed the permissible level for the cutting width of the mower as shown in the following table: >PIC FILE= "T0026439">
Article 3
A lawnmower's conformity with the requirements of this Directive shall be attested by the manufacturer, or by the importer domiciled in the Community, on his own responsibility, in a certificate (see model in Annex II) which shall accompany the machine and which shall be based on the report on the tests carried out on each type of lawnmower by one of the laboratories included in a list to be drawn up by each Member State and notified to the other Member States. This certificate may be reproduced on the directions for use or on the guarantee certificate.
Article 4
Prior to being placed on the market, lawnmowers shall, in a clearly visible and durable fashion either directly or on a plate (such as a riveted or self-adhesive plate) permanently attached to them, bear marks identifying the manufacturer, describing the type and indicating the maximum sound power level expressed in dB(A)/1 pW, guaranteed by the manufacturer.
The model for these indications is set out in Annex III.
Article 5
1. Subject to the provisions in paragraph 2, no Member State may refuse, prohibit or restrict the sale, putting into service or use of lawnmowers on grounds relating to their sound power levels if they satisfy the requirements of this Directive and are accompanied by the certificate of conformity referred to in Article 3 and bear the indications referred to in Article 4.
2. Member States may take measures to regulate the use of lawnmowers in areas which they consider sensitive.
Article 6
Member States shall take all the necessary measures to verify that lawnmowers conform to the requirements of this Directive. Such verification shall be carried out in accordance with the technical specifications laid down in Annex IV.
Article 7
1. If a Member State in which the lawnmower is manufactured finds that the latter does not conform to the provisions of this Directive or if it is notified to this effect by another Member State, it shall take the necessary measures to ensure that the further production of like models conforms to the approved type.
The Member State in question shall inform the other Member States and the Commission of the measures taken within one month, stating the grounds for such action.
2. If a Member State disputes the failure to conform notified to it, the Member States concerned shall endeavour to settle the dispute. The Commission shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.
Article 8
Any amendments necessary in order to adapt the Annexes to this Directive to technical progress shall be adopted in accordance with the procedure laid down in Article 5 of Council Directive 79/113/EEC.
Article 9
The provisions of this Directive shall not affect the Member States' entitlement to limit, with due observance of the Treaty, and in particular Articles 30 to 36 thereof, the level of noise at the operator's position for lawnmowers for professional use with a cutting width of more than 120 cm provided that this does not involve an obligation to adapt lawnmowers which comply with this Directive to different emission standards within the meaning of Annex I to the Directive.
Article 10
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 1987 and shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.
Article 11
This Directive is addressed to the Member States. | [
"UKSI19870876"
] |
31984L0525 | 1984 | Council Directive 84/525/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to seamless, steel gas cylinders
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas in the Member States the construction of gas cylinders and the relevant controls are subject to mandatory provisions varying from one Member State to another and consequently hinder the trade in such vessels ; whereas it is therefore necessary to approximate these provisions;
Whereas Council Directive 76/767/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods of inspecting them (3), as amended by the Act of Accession of 1979, lays down in particular the procedures of EEC pattern approval and verification for these vessels ; whereas, according to that Directive, it is advisable to lay down the technical requirements to be complied with by EEC-type seamless, steel gas cylinders with a capacity of 0,5 to 150 litres in order to be importable, commercialized and used without restraint after having undergone inspection and bearing accordingly a mark and a symbol,
Article 1
1. This Directive shall apply to the steel pressure-resistant shells of seamless cylinders, i.e. formed from a single piece, capable of being refilled and transported, with a capacity of between 0,5 and 150 litres inclusive and designed to contain compressed, liquefied or dissolved gases. These gas cylinders are hereinafter referred to as "cylinders".
2. This Directive shall not apply to cylinders made of austenitic steel or to cylinders to which metal is added when the base is being sealed.
3. This Directive shall apply irrespective of the number of outlets the cylinder has (one or two). (1) OJ No C 2, 9.1.1974, p. 64. (2) OJ No C 101, 23.11.1973, p. 25. (3) OJ No L 262, 27.9.1976, p. 153.
Article 2
For the purposes of this Directive, "EEC-type cylinder" shall mean any cylinder designed and manufactured in such a way that it satisfies the requirements of this Directive and of Directive 76/767/EEC.
Article 3
No Member State may, on grounds relating to the construction or inspection of a cylinder within the meaning of Directive 76/767/EEC and this Directive, refuse, prohibit or restrict the marketing and placing in service of an EEC-type cylinder.
Article 4
All EEC-type cylinders shall be subject to EEC pattern approval.
All EEC-type cylinders shall be subject to EEC verification with the exception of cylinders with a hydraulic test pressure of 120 bars or less and with a capacity of not more than one litre.
Article 5
Any amendments necessary to adapt sections 2.1.3, 2.1.4, 2.3, 3.1.1.1, 3.4, 3.5, 3.6, 3.7, 4, 5 and 6 of Annex I and the other Annexes to this Directive to technical progress shall be adopted in accordance with the procedure laid down in Article 20 of Directive 76/767/EEC.
Article 6
The procedure laid down in Article 17 of Directive 76/767/EEC may apply to section 2.2 of Annex I to this Directive.
Article 7
1. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive within 18 months of its notification (1) and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 8
This Directive is addressed to the Member States. | [
"UKSI19870116",
"UKSI19880896"
] |
31984L0491 | 1984 | Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (1), and in particular Articles 6 and 12 thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee (4),
Whereas, in order to protect the aquatic environment of the Community against pollution by certain dangerous substances, Article 3 of Directive 76/464/EEC introduces a system of prior authorizations laying down emission standards for discharges of the substances on List I in the Annex thereto; whereas Article 6 of the said Directive provides that limit values shall be laid down for such emission standards and also quality objectives for the aquatic environment affected by discharges of these substances;
Whereas hexachlorocyclohexane (hereinafter referred to as HCH) is an organohalogen compound and is included in List I in view of its toxicity, persistence and bioaccumulation;
Whereas the Member States are required to apply the limit values except in the cases where they may employ quality objectives;
Whereas, since the pollution caused by direct discharges of HCH into water is caused, to a large extent, by the establishments which produce, treat and, as a subordinate activity, formulate it on the same site, limit values should be set for discharges from such establishments and quality objectives laid down for the aquatic environment into which HCH is discharged by such establishments;
Whereas the impact of other direct industrial sources of HCH pollution is also important; whereas, in the case of such discharges for which it is not possible, for technical reasons, to lay down limit emission values at Community level, Member States should independently fix emission standards taking into account the best technical means available;
Whereas Member States should ensure that the measures taken pursuant to this Directive do not have the effect of increasing soil and air pollution;
Whereas a specific monitoring procedure should be laid down to enable Member States to demonstrate that the quality objectives are being complied with;
Whereas provision should be made for the monitoring by Member States of the aquatic environment affected by the aforesaid HCH discharges with a view to effective implementation of this Directive;
Whereas it is important that the Commission report to the Council every five years on the implementation of this Directive by Member States;
Whereas since groundwater is the subject of Directive 80/68/EEC (1), it is excluded from the scope of this Directive,
Article 1
1. This Directive:
- pursuant to Article 6 (1) of Directive 76/464/EEC, lays down limit values for emission standards for HCH in discharges from industrial plants as defined in Article 2 (g) of this Directive,
- pursuant to Article 6 (2) of Directive 76/464/EEC, lays down quality objectives for HCH in the aquatic environment,
- pursuant to Article 6 (4) of Directive 76/464/EEC, lays down the time limits for compliance with the conditions specified in the authorizations granted by the competent authorities of Member States in respect of existing discharges,
- pursuant to Article 12 (1) of Directive 76/464/EEC, lays down the reference methods of measurement enabling the concentration of HCH in discharges and in the aquatic environment to be determined,
- pursuant to Article 6 (3) of Directive 76/464/EEC, establishes a monitoring procedure,
- requires Member States to cooperate with one another in the case of discharges affecting the waters of more than one Member State.
2. This Directive applies to the waters referred to in Article 1 of Directive 76/464/EEC with the exception of groundwater.
Article 2
For the purposes of this Directive:
(a) 'HCH'
means the isomers of 1, 2, 3, 4, 5, 6-hexachlorocyclohexane;
(b) 'lindane'
means a product containing at least 99 % of the g-isomer of 1, 2, 3, 4, 5, 6-hexachlorocyclohexane;
(c) 'extraction of lindane'
means the separation of lindane from a mixture of hexachlorocyclohexane isomers;
(d) 'limit values'
means the limit values specified in Annex I;
(e) 'quality objectives'
means the requirements specified in Annex II;
(f) 'treatment of HCH'
means any industrial process involving the production or use of HCH, or any other industrial process in which the presence of HCH is inherent;
(g) 'industrial plant'
means any plant at which HCH or any other substance containing HCH is treated;
(h) 'existing plant'
means an industrial plant which is operational on the date of notification of this Directive.
(i) 'new plant' means
- an industrial plant which has become operational after the date of notification of this Directive,
- an existing industrial plant whose capacity for the production or treatment of HCH has been substantially increased after the date of notification of this Directive.
Article 3
1. The limit values, the time limits by which they must be complied with and the monitoring procedure for discharges are laid down in Annex I.
2. The limit values shall normally apply at the point where waste waters containing HCH leave the industrial plant.
If waste waters containing HCH are treated outside the industrial plant at a treatment plant intended for the removal of HCH, the Member State concerned may permit the limit values to be applied at the point where the waste waters leave the treatment plant.
3. The authorizations provided for in Article 3 of Directive 76/464/EEC must contain provisions at least as stringent as those in Annex I to this Directive, except where a Member State is complying with Article 6 (3) of Directive 76/464/EEC on the basis of Annexes II and IV to this Directive.
Authorizations shall be reviewed at least every four years.
4. Without prejudice to their obligations arising from paragraphs 1, 2 and 3 and to the provisions of Directive 76/464/EEC, Member States may grant authorizations for new plants only if those plants apply the standards corresponding to the best technical means available when that is necessary for the elimination of pollution in accordance with Article 2 of the said Directive or for the prevention of distortions of competition.
Whatever method it adopts, the Member State concerned shall, where for technical reasons the measures envisaged do not correspond to the best technical means available, provide the Commission, before any authorization, with evidence in support of these reasons.
The Commission shall forward this evidence to the other Member States immediately and shall send all Member States a report, as soon as possible, giving its opinion on the derogation referred to in the second subparagraph. If necessary, it shall at the same time submit appropriate proposals to the Council.
5. The reference method of analysis to be used in determining the presence of HCH is given in Annex III (1). Other methods may be used provided that the limits of detection, precision and accuracy of such methods are at least as good as those laid down in Annex III (1). The accuracy required in the measurement of effluent flow is given in Annex III (2).
6. Member States shall ensure that the measures taken pursuant to this Directive do not result in an increase in HCH pollution in other media, notably air and soil.
Article 4
The Member States concerned shall be responsible for monitoring the aquatic environment affected by industrial discharges.
In the case of discharges affecting the waters of more than one Member State, the Member States concerned shall cooperate with a view to harmonizing monitoring procedures.
Article 5
1. The Commission shall make a comparative assessment of the implementation of this Directive by Member States on the basis of information supplied to it by them pursuant to Article 13 of Directive 76/464/EEC at its request, which it must submit case by case. The information concerned shall, in particular, comprise:
- details of authorizations laying down emission standards for discharges of HCH,
- the results of the inventory of HCH disharged into the waters referred to in Article 1 (2),
- the results of measurements made by the national network set up to determine concentrations of HCH.
2. The Commission shall forward the comparative assessment referred to in paragraph 1 to the Council every five years, and for the first time four years after notification of this Directive.
3. In the event of a change in scientific knowledge relating principally to the toxicity, persistence and accumulation of HCH in living organisms and sediments, or in the event of an improvement in the best technical means available, the Commission shall submit appropriate proposals to the Council with the aim of reinforcing, if necessary, the limit values and the quality objectives or of establishing additional limit values and additional quality objectives.
Article 6
1. Member States shall bring into force the measures necessary to comply with this Directive by 1 April 1986 at the latest. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive.
Article 7
This Directive is addressed to the Member States. | [
"UKSI19892286"
] |
31984L0500 | 1984 | Council Directive 84/500/EEC of 15 October 1984 on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 76/893/EEC of 23 November 1976 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs (1), and in particular Article 3 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Article 2 of Directive 76/893/EEC provides that materials and articles must not transfer their constituents to foodstuffs in quantities which could endanger human health;
Whereas Article 3 of the same Directive provides that the Council, under the procedure provided for in Article 100 of the Treaty, shall adopt by means of Directives special provisions applicable to certain groups of materials and articles (specific Directives);
Whereas in most of the Member States ceramic articles intended to come into contact with foodstuffs are subject to mandatory provisions for protecting human health which lay down limits for the extractable quantities of lead and cadmium;
Whereas these provisions vary from one Member State to another, thus creating obstacles to the establishment and functioning of the common market;
Whereas these obstacles may be eliminated if the placing of ceramic articles on the Community market is made subject to uniform rules; whereas it is therefore necessary to harmonize the limit values and the test and analysis methods for such articles;
Whereas the appropriate instrument for attaining this objective is a specific Directive within the meaning of Article 3 of Directive 76/893/EEC the general provisions of which also become applicable in this particular case;
Whereas the adaptation to technical progress of certain checking and analysis measures provided for in the Directive is an implementing measure the adoption of which should be entrusted to the Commission in order to simplify and expedite the procedure;
Whereas, in all cases where the Council grants the Commission powers to implement provisions concerning materials and articles intended to come into
contact with foodstuffs, a procedure should be established to ensure close cooperation between the Member States and the Commission in the Standing Committee for Foodstuffs set up by the Council Decision of 13 November 1969,
Article 1
1. This Directive is a specific Directive within the meaning of Article 3 of Directive 76/893/EEC.
2. This Directive concerns the possible migration of lead and cadmium from ceramic articles which, in their finished state, are intended to come into contact with foodstuffs, or which are in contact with foodstuffs, and are intended for that purpose.
3. 'Ceramic articles' means articles manufactured from a mixture of inorganic materials with a generally high argillaceous or silicate content to which small quantities of organic materials may have been added. These articles are first shaped and the shape thus obtained is permanently fixed by firing. They may be glazed, enamelled and/or decorated.
Article 2
1. The quantities of lead and cadmium transferred from ceramic articles shall not exceed the limits laid down below.
2. The quantities of lead and cadmium transferred from ceramic articles shall be determined by means of a test, the conditions of which are specified in Annex I, using the method of analysis described in Annex II.
3. Where a ceramic article consists of a vessel fitted with a ceramic lid, the lead and/or cadmium limit which may not be exceeded (mg/dm2 or mg/litre) shall be that which applies to the vessel alone.
The vessel alone and the inner surface of the lid shall be tested separately and under the same conditions.
The sum of the two lead and/or cadmium extraction levels thus obtained shall be related as appropriate to the surface area or the volume of the vessel alone.
4. A ceramic article shall be recognized as satisfying the requirements of this Directive if the quantities of lead and/or cadmium extracted during the test carried out under the conditions laid down in Annexes I and II do not exceed the following limits:
1.2.3 // // Pb // Cd // - Category 1: // // // Articles which cannot be filled and articles which can be filled, the internal depth of which, measured from the lowest point to the horizontal plane passing through the upper rim, does not exceed 25 mm // 0,8 mg/dm2 // 0,07 mg/dm2 // - Category 2: // // // All other articles which can be filled // 4,0 mg/l // 0,3 mg/l // - Category 3: // // // Cooking ware; packaging and storage vessels having a capacity of more than three litres // 1,5 mg/l // 0,1 mg/l
5. However, where a ceramic article does not exceed the above quantities by more than 50 %, that article shall nevertheless be recognized as satisfying the requirements of this Directive if at least three other articles with the same shape, dimensions, decoration and glaze are subjected to a test carried out under the conditions laid down in Annexes I and II and the average quantities of lead and/or cadmium extracted from those articles do not exceed the limits set, with none of those articles exceeding those limits by more than 50 %.
Article 3
The amendments to be made to the Annexes in the light of developments in scientific and technical knowledge, with the exception of sections 1 and 2 of Annex I, shall be adopted in accordance with the procedure laid down in Article 10 of Directive 76/893/EEC.
Article 4
1. Within three years of notification (1) of this Directive, the Council shall determine in accordance with the procedure laid down in Article 100 of the Treaty:
(a) the limitations to be imposed on those areas of ceramic articles with which the mouth is intended to come into contact;
(b) the methods for checking that the limitations provided for in (a) are complied with.
2. Within the same period, the Commission shall, on the basis of toxicological and technological data, re-examine the limits laid down in Article 2, with a view to reducing them, and the lighting conditions for the test specified in Annex I, and shall, if appropriate, submit to the Council proposals for amendments to the Directive.
Article 5
1. The Member States shall, if necessary, amend their national laws to comply with this Directive so that:
- three years after the notification of this Directive, trade in ceramic articles which comply with its provisions is permitted,
- five years after the notification of this Directive, the placing on the market of ceramic articles which do not comply with its provisions is prohibited.
They shall forthwith inform the Commission of any such amendment.
2. Without prejudice to paragraph 1, Member States may prohibit or continue to prohibit the manufacture of ceramic articles which do not comply with this Directive.
Article 6
This Directive is addressed to the Member States. | [
"UKSI19881647"
] |