ddrg/super_eurlex huggingface dataset:
COMMISSION OPINION of 23 October 1974 addressed to the Government of the Kingdom of Belgium concerning a draft Royal Decree relating to the introduction of licences for forwarding agents (74/536/EEC)

In accordance with Article 1 of the Council Decision of 21 March 1962 (1) instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States, as amended by the Council Decision of 22 November 1973 (2), the Belgian Government sent the Commission, under cover of a letter dated 10 September 1974 from the Office of its Permanent Representative to the European Communities, the text of a draft Royal Decree (arrêté royal) relating to the introduction of licences for forwarding agents.

The letter from the Office of the Permanent Representative reached the Commission on 16 September 1974. The Belgian Government asked the Commission to give its Opinion within 30 days and, in accordance with Article 1 of the Council Decision of 1962 referred to above, also sent the draft to the other Member States.

Pursuant to Article 2 (1) of the Council Decision of 21 March 1962, as amended by the Council Decision of 22 November 1973, the Commission now delivers the following Opinion: 1. The Commission notes that the purpose of the proposed provisions is to require persons wishing to carry on the business of forwarding agent to obtain a licence, the requirements for which are laid down by the Royal Decree. The measure is one of those implementing the Law of 26 June 1967 (3) relating the provision of services ancillary to the carriage of goods, a draft of which was made available to the Commission by the Belgian Government at the time and to which the Commission raised no objection in its Opinion of 5 May 1966 (4).

2. The Commission has no objection to make to the draft Royal Decree submitted by the Belgian Government.

3. In the interests of clarity, the Commission would, however, propose to the Belgian Government that paragraph 4 (b) of Article 1 be re-worded as follows:

"Such carriers shall comply with the obligations arising under the tariffs relating to haulage operations including the provision of ancillary services".

4. The Commission does not consider it necessary to institute consultations with the other Member States under Article 2 (3) of the Council Decision of 21 March 1962.

The Commission is informing the other Member States of this Opinion.

Done at Brussels, 23 October 1974.

For the Commission

The President

François-Xavier ORTOLI (1)OJ No 23, 3.4.1962, p. 720/62. (2)OJ No L 347, 17.12.1973, p. 48. (3)Moniteur of 27.9.1967. (4)OJ No 90, 17.5.1966, p. 1400/66.
COMMISSION OPINION of 14 December 1977 addressed to the Government of the Kingdom of the Netherlands on draft implementing measures adopted by the Secretary of Transport implementing Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels. (78/62/EEC)

1. In the letter of 4 April 1977 from the office of its Permanent Representation, the Government of the Kingdom of the Netherlands submitted for the opinion of the Commission draft implementing measures adopted by the Secretary of Transport on 28 March 1977 implementing Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels (1).

2. The Commission notes that the measures contained in the draft adopted by the Secretary of Transport of the Netherlands comply with the provisions of the Directive.

3. The Commission accordingly delivers a favourable opinion.

Done at Brussels, 14 December 1977.

For the Commission

Richard BURKE

Member of the Commission

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

( 1 ) OJ NO L 357 , 29 . 12 . 1976 , P . 36 .

COMMISSION OPINION

OF 27 JULY 1979

ADDRESSED TO THE NETHERLANDS GOVERNMENT PURSUANT TO COUNCIL DIRECTIVE 76/914/EEC OF 16 DECEMBER 1976 ( 1 ) ON THE MINIMUM LEVEL OF TRAINING FOR SOME ROAD TRANSPORT DRIVERS

( 79/711/EEC )

1 . UNDER COVER OF LETTERS NO 5 OF 9 JANUARY 1979 AND NO 1090 OF 1 MARCH 1979 FROM ITS PERMANENT REPRESENTATION AT THE EUROPEAN COMMUNITIES , THE NETHERLANDS GOVERNMENT SUBMITTED TO THE COMMISSION , FOR CONSULTATION PURPOSES , THE TEXT OF MEASURES ON THE MINIMUM LEVEL OF PROFESSIONAL TRAINING OF DRIVERS :

- OF ROAD HAULAGE VEHICLES WITH A MAXIMUM AUTHORIZED WEIGHT OF MORE THAN 7.5 TONNES , WHO ARE BETWEEN 18 AND 21 YEARS OLD ,

- OF BUSES , WHO ARE AT LEAST BETWEEN 21 AND 25 YEARS OLD .

2 . THE MEASURES IN QUESTION DO NOT GIVE RISE TO ANY OBJECTIONS ON THE COMMISSION ' S PART .

DONE AT BRUSSELS , 27 JULY 1979 .

FOR THE COMMISSION

RICHARD BURKE

MEMBER OF THE COMMISSION
COMMISSION OPINION of 25 September 1980 addressed to the Government of the Netherlands regarding the implementation of Council Directive 79/115/EEC concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel (80/947/EEC)

1. In a letter dated 22 April 1980, the Permanent Representation of the Netherlands to the European Communities submitted the following documents for the opinion of the Commission under Article 2 of Directive 79/115/EEC: - an order issued by the Minister of Defence introducing certificates for deep-sea pilots,

- a regulation dealing with tests for deep-sea pilots,

- the text of implementing provisions concerning pilotage,

- a letter from the Director-General for Navigation.

2. Examination of the order issued by the Minister of Defence has revealed that one of the requirements for obtaining a deep-sea pilot's certificate is possession of Dutch nationality.

The Commission holds the view that a deep-sea pilot's function is confined to providing technical assistance to the captain of a sea-going vessel, who remains solely responsible for the navigation and manoeuvring of his ship (cf. Article 2 of the implementing regulations concerning pilotage).

The Commission is accordingly of the opinion that deep-sea pilots are not involved in exercising official authority within the meaning of Article 55 of the EEC Treaty and that the requirement of Dutch nationality is consequently incompatible with Articles 48 and 52 of the Treaty.

The Commission has the honour, therefore, to invite the Government of the Netherlands to review that part of the above order dealing with nationality as a criterion for obtaining the certificate in question in the light of the Articles of the Treaty cited here.

Done at Brussels, 25 September 1980.

For the Commission

Richard BURKE

Member of the Commission
COMMISSION OPINION of 28 September 1981 addressed to the Belgian Government with regard to the implementation of: - Council Directive 79/116/EEC (1) concerning minimum requirements for certain tankers entering or leaving Community ports; - Council Directive 79/1034/EEC (2) amending the above Directive (81/815/EEC)

1. In a letter dated 19 December 1980, the Belgian Permanent Representation to the European Communities sent to the Commission, pursuant to Article 3 of both the above Directives, a draft Royal Decree designed to implement the provisions of the Directives.

2. Having examined the draft instrument, the Commission finds that Article 1 (1) (B) (iv) of Directive 79/116/EEC regarding the use of pilots in accordance with practice and with the regulations determined by the competent authorities is not implemented by the draft Royal Decree.

The Commission has been informed by the Belgian Government in this connection that this requirement is met by another national provision.

3. In addition, the draft Royal Decree does not implement: - Article 1 (2) of the Directive regarding the report by the pilot to the competent authority on any deficiencies which may prejudice the safe navigation of the vessel, or

- Article 2 of the Directive regarding the taking of appropriate measures to inform another Member State as soon as possible of the risk of a hazard being posed to certain maritime and coastal zones.

The Belgian Government has assured the Commission that, once the Royal Decree has been adopted, appropriate arrangements will be made to ensure that the competent authorities rigorously apply the provisions referred to above. These arrangements will be communicated to those authorities in a departmental circular, a copy of which will be sent to the Commission for information.

4. Subject to the foregoing, the Commission hereby delivers a favourable opinion on the draft Royal Decree submitted to it.

Done at Brussels, 28 September 1981.

For the Commission

Georges CONTOGEORGIS

Member of the Commission (1) OJ No L 33, 8.2.1979, p. 33. (2) OJ No L 315, 11.12.1979, p. 16.
COMMISSION OPINION of 10 February 1981 addressed to the Government of the Federal Republic of Germany dealing with the implementation of Council Directive 79/115/EEC concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel (81/110/EEC)

1. In a letter dated 27 November 1979, the Permanent Representation of the Federal Republic of Germany to the European Communities sent to the Commission under Article 2 of Directive 79/115/EEC (1) a statutory order dealing with deep-sea pilots dated 25 August 1978 (Verordnung über das Seelotsenwesen außerhalb der Reviere).

2. Examination of this document and the letter sent on 5 November 1979 by the Ministry of Transport to the German Shipowners' Association (Verband Deutscher Reeder) has led the Commission to find that the Federal Government has met, in full, its obligations regarding implementation of the Directive.

3. However, examination was also made at the same time of the Law of 13 October 1954, which deals with pilotage in general, including therefore deep-sea pilotage, and this revealed, with reference to Sections 10 and 12 of the Law, that exercise of the profession is subject to possession of German nationality.

4. In the course of earlier contacts with representatives of the Federal Government, the Commission noted that that Government expects to amend the legislation in question by 1983 and that, in the intervening period, the said restriction would not debar nationals from other Member States. The Commission however, invites the Federal Government to bring this engagement to the notice of the competent authorities, as well as of all interested parties, through an appropriate official publication, and to communicate this publication to the Commission.

5. Subject to this assurance, the Commission considers the Directive to be fully implemented in the Federal Republic of Germany.

Done at Brussels, 10 February 1981.

For the Commission

Georges CONTOGEORGIS

Member of the Commission (1) OJ No L 33, 8.2.1979, p. 32.
COMMISSION OPINION of 28 July 1983 addressed to the Danish Government on the derogations to be granted to certain vehicles pursuant to Article 14a (2) of Regulation (EEC) No 543/69 and Article 3 (3) of Regulation (EEC) No 1463/70 (Only the Danish text is authentic) (83/385/EEC)

1. By letters No 3.37311-8 of 2 September and 15 December 1982 from the Ministry of Labour the Danish Government submitted to the Commission, for opinion, pursuant to - the provisions of Article 14a (2) of Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social legislation relating to road transport (1), and

- Article 3 (2) Council Regulation (EEC) No 1463/70 of 20 July 1970 on the introduction of recording equipment in road transport (2);

a list of derogations which it proposes to grant to the following users and national transport operations: - local use of vehicles which are constructed and equipped to carry not more than 15 persons including the driver (Regulation (EEC) No 543/69, Article 14a (2) (a) ; and Regulation (EEC) No 1463/70, Article 3 (2));

- use of vehicles undergoing local road tests for purposes of repair or maintenance (Regulation (EEC) No 543/69, Article 14a (2) (b) ; and Regulation (EEC) No 1463/70, Article 3 (2));

- transport of animal carcases or waste not intended for human consumption (Regulation (EEC) No 543/69, Article 14a (2) (c) and Regulation (EEC) No 1463/70, Article 3 (2)).

2. The Commission has taken note of the fact that, since these transport operations normally take place over very short distances, they entail only limited driving periods for the drivers.

3. Furthermore the number of vehicles that will be covered by the derogation from the application of Regulations (EEC) No 543/69 and (EEC) No 1463/70 is limited.

4. Moreover the derogations to which the consultation relates are concerned only with movements of vehicles used in Danish territory.

5. Consequently the Commission hereby delivers - with the exception of the cases mentioned in paragraph 6 below - a favourable opinion on the application from the Danish Government.

6. As to the proposed derogations for vehicles being driven at the time of a vehicle test or in connection with registration, and for vehicles operated on special temporary plates, the Commission draws the attention of the Danish Government to the fact that there is no provision for these cases in Article 14a (2) of Regulation (EEC) No 543/69.

Consequently the Commission is of the opinion that Regulation (EEC) No 543/69 as it now stands does not permit a derogation to be granted for these categories of transport operation.

Done at Brussels, 28 July 1983.

For the Commission

Giorgios CONTOGEORGIS

Member of the Commission (1) OJ No L 77, 29.3.1969, p. 49 ; OJ No C 73, 17.3.1979 (codified version). (2) OJ No L 164, 27.7.1970, p. 1.
*****

COMMISSION OPINION

of 7 July 1988

concerning the Niederaichbach nuclear power station (Federal Republic of Germany)

(Only the German text is authentic)

(88/431/Euratom)

The general data concerning the plan for the disposal of radioactive waste from the dismantling of Niederaichbach nuclear power station were provided by the German Government to the Commission, in accordance with Article 37 of the Euratom Treaty, by letter received 18 June 1986, as complemented by information received on 6 February 1987 and 11 December 1987.

On the basis of the data thus obtained and having consulted the group of experts, the Commission drew up the following opinion:

1. The distance from the installation to the closest point on the territory of another Member State, Italy, is approximately 170 km; Austria is 60 km distant.

2. In normal conditions, the liquid and gaseous effluent discharges are not liable to give rise to significant exposure of the population of other Member States from the point of view of health.

3. Solid radioactive waste is to be stored temporarily in the station turbine hall prior to transport to the Konrad disposal facility. Recyclable radioactive material is to be sent for melting at a furnace in the Karlsruhe nuclear research centre (KfK).

4. In the case of an unplanned discharge of radioactive effluents which could be occasioned by an accident of the magnitude considered in the general data, doses liable to be received in other Member States will not be significant from the point of view of health.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste from the dismantling of Niederaichbach nuclear power station is not liable, either in normal conditions or in the case of an accident of the magnitude considered, to result in the radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.

This opinion is addressed to the Federal Republic of Germany.

Done at Brussels, 7 July 1988.

For the Commission

Stanley CLINTON DAVIS

Member of the Commission
COMMISSION OPINION of 12 November 1991 concerning the plan to build the Aube storage centre for radioactive waste, submitted on 23 May 1991 by the Office of the Permanent Representative of France pursuant to Article 37 of the Euratom Treaty (91/600/Euratom)

On 23 May 1991, the Commission of the European Communities received from the French Government, in accordance with Article 37 of the Euratom Treaty, the general data concerning the plan to build the Aube storage centre for radioactive waste.

On the basis of these data and after consultation of the group of experts, the Commission drew up the following opinion:

(1) The distance between the storage centre and the nearest point on the territory of other Member States, in this case Belgium and Luxembourg, is approximately 200 kilometres; Germany, the United Kingdom, Italy and Spain are at distances of 230, 400, 360 and 690 kilometres respectively.

(2) Under normal storage and monitoring conditions, the discharges of liquid and gaseous effluents will produce an exposure of the population in other Member States that is not significant from the point of view of health.

(3) In the event of unplanned discharges of radioactive effluents which may follow an accident of the magnitude considered in the general data, the doses likely to be received by the population in the surrounding area and in other Member States would not be significant from the point of view of health.

In conclusion, the Commission is of the opinion that the implementation of the plan to establish the Aube storage centre for radioactive waste, both in normal operation and in the event of an accident of the magnitude considered in the general data, is not liable to result in radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.

For the Commission

Carlo RIPA DI MEANA

Member of the Commission
COMMISSION OPINION of 12 January 1996 concerning the plan for the disposal of radioactive waste from the decommissioning of the Windscale advanced gas-cooled reactor located at the UKAEA Windscale site, Cumbria, United Kingdom in accordance with Article 37 of the Euratom Treaty (Only the English text is authentic) (96/171/Euratom)

On July 17 1995 the European Commission received from the United Kingdom Government, in accordance with Article 37 of the Euratom Treaty, general data relating to the plan for the disposal of radioactive waste resulting from the decommissioning of the Windscale advanced gas-cooled reactor located at the UKAEA Windscale site, Cumbria.

On the basis of these data and following consultation with the group of experts, whose report is attached, the Commission has drawn up the following opinion:

(a) the distance between the plant and the nearest point on the territory of another Member State, in this case Ireland, is 180 km;

(b) under normal operating conditions, the discharges of liquid and gaseous effluents will produce an exposure of the population in other Member States that is not significant from the health point of view;

(c) low-level solid radioactive waste is to be disposed to the Drigg site operated by BNF plc. Intermediate-level waste is to be stored on-site until a suitable national repository is available. Non-active waste is to be released from regulatory control after suitable monitoring of levels of contamination. While part of this waste is to be placed on the market for recycling, the competent authorities are invited to keep the Commission informed on the amounts and type of material involved;

(d) in the event of unplanned discharges of radioactive waste which may follow an accident on the scale considered in the general data, the doses likely to be received by the population in other Member States would not be significant from the health point of view.

In conclusion, the Commission is of the opinion that the implementation of the plan for the decommissioning of the Windscale advanced gas-cooled reactor located at the UKAEA Windscale site, both in normal operation and in the event of an accident of the magnitude considered in the general data, is not liable to result in radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.

For the Commission

Ritt BJERREGAARD

Member of the Commission
Notice as provided for in Article 7(8) of Commission Regulation (EC) No 1148/2001 relating to the establishment of administrative cooperation between Switzerland and the European Community

Published under Article 7(8) of Regulation (EC) No 1148/2001 (OJ L 156, 13.6.2001, p. 9)

(2002/C 108/05)

The Commission hereby states that Switzerland has sent it all the relevant information on checking operations under the administrative cooperation provided for in Article 7(8) of Commission Regulation (EC) No 1148/2001, as amended by Regulation (EC) No 2379/2001, and established between Switzerland and the European Community.

In accordance with Article 4 thereof, Commission Regulation (EC) No 2590/2001 shall enter into force on the date this Notice is published in the C Series of the Official Journal of the European Communities.
Commission Opinion

of 30 August 2002

concerning the plan for the disposal of radioactive waste arising from the dismantling of the UKAEA Dounreay Fast Reactor located in the United Kingdom in accordance with Article 37 of the Euratom Treaty

(2002/C 208/03)

(Only the English text is authentic)

On 4 February 2002, the European Commission received from the Government of the United Kingdom, in accordance with Article 37 of the Euratom Treaty, general data relating to the plan for the disposal of radioactive waste arising from the dismantling of the UKAEA Dounreay Fast Reactor.

On the basis of these data, and following consultation with the group of experts, the Commission has drawn up the following opinion:

(a) The distance between the plant and the nearest point of another Member State, in this case Denmark, is approximately 370 km.

(b) Under normal operating conditions, the discharges of liquid and gaseous effluents will not cause an exposure of the population in other Member States significant from the point of view health.

(c) Solid intermediate level and low level radioactive wastes are stored at the site.

(d) In the event of umplanned discharges of radioactive waste, which may follow an accident of the type and magnitude considered in the general data, the doses likely to be received by the population in other Member States would not be significant from the point of view of health.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste in whatever form arising from the dismantling of the UKAEA Dounreay Fast Reactor in the United Kingdom, both in normal operation and in the event of an accident of the type and magnitude considered in the general data, is not liable to result in radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.