ddrg/super_eurlex huggingface dataset:
COMMISSION OPINION of 24 January 1973 addressed to the French Government on a Draft Law amending and supplementing, in the interests of road safety, Order No 58 1310 of 23 December 1958 concerning working conditions in public and private road transport (73/117/EEC)

1. Pursuant to Article 18 of Council Regulation (EEC) No 543/69 (1) of 25 March 1969 and Article 21 of Council Regulation (EEC) No 1463/70 (2) of 20 July 1970, the French Government notified the Commission by letter dated 18 October 1972 of a Draft Law amending and supplementing, in the interests of road safety, Order No 58 1310 of 23 December 1958 concerning working conditions in public and private road transport. The purpose of this Draft Law is to supplement existing provisions on controls and penalties to ensure compliance with the abovementioned Community Regulations.

The Draft Law includes the following provisions: - Article 1 authorizes additional categories of officials or agents to establish that breaches of the rules and regulations on driving time and rest periods in road transport have occurred;

- Article 2 makes provision for the imposition of administrative penalties - impounding of vehicles, temporary or definitive withdrawal of "Licences de transports" or "cartes grises" - on enterprises found guilty of repeated contraventions of the regulations ; it also makes provision for apportioning responsibility for breaches of the regulations between paid drivers and their employers.

2. The Commission finds that the proposed text meets the requirements of Regulations (EEC) No 543/69 and (EEC) No 1463/70 and hereby delivers a favourable Opinion on this Draft Law.

Done at Brussels, 24 January 1973.

For the Commission

The President

François-Xavier ORTOLI (1)OJ No L 77, 29.3.1969, p. 49. (2)OJ No L 164, 27.7.1970, p. 1.
COMMISSION OPINION of 21 October 1977 addressed to the Government of the Kingdom of the Netherlands on a draft amendment to the Regulation on road traffic ("Wegenverkeersreglement") (77/675/EEC)

In accordance with Article 1 of the Council Decision of 21 March 1962 instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (1), as amended by the Decision of 22 November 1973 (2), the Netherlands Government sent to the Commission, under cover of a letter of 22 July 1977 from the Office of its Permanent Representative to the European Communities, the text of a draft amendment to Article 15 (D) of the Regulation on road traffic ("Wegenverkeersreglement").

The letter from the Office of the Netherlands Permanent Representative reached the Commission on 8 August 1977 and, in accordance with Article 1 of the Council Decision referred to above, was also sent to the other Member States.

Under Article 2 (1) of the abovementioned Council Decision the Commission hereby delivers the following opinion: 1. The Commission finds that the increase from 16 000 to 18 000 kilograms in the case of two axles is likely to cause slightly greater damage to roads, in relation to the tonnage carried but that this increase is nevertheless in line with the maximum axle weight of 10 000 kilograms for each axle provided for in the legislation of the Netherlands.

2. The Commission reminds the Netherlands Government that the question of harmonization of the weights and dimensions of commercial road vehicles is still under discussion in the Council, which, at its meeting in December 1976, requested a further initiative based on a working paper to be prepared by the Commission.

3. Finally the Commission stresses that adoption of the above amendment may in no way prejudice any subsequent agreement at Community level.

4. The Commission has not thought it necessary to call a meeting with representatives of the Netherlands Government to gain further information, nor to arrange consultation with the other Member States pursuant to Article 2 (3) of the Council Decision.

5. The Commission is informing the other Member States of this opinion.

Done at Brussels, 21 October 1977.

For the Commission

Richard BURKE

Member of the Commission

(1) OJ No 23, 3.4.1962, p. 720/62. (2) OJ No L 347, 17.12.1973, p. 48.
COMMISSION OPINION of 25 September 1978 addressed to the Government of Ireland in accordance with Article 18 of Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social legislation relating to road transport (78/820/EEC)

1. In the letter of 10 April 1978 from its Permanent Representative to the European Communities, the Government of Ireland submitted to the Commission for consultation in accordance with Article 18 of Regulation (EEC) No 543/69 (1), the measures which it proposes to take in implementation of Commission Decision 78/86/EEC of 21 December 1977 (2) authorizing Ireland to take measures in respect of national road transport involving exemptions from certain provisions of the abovementioned Regulation.

2. The measures proposed by the Government of Ireland do not give rise to any objections from the Commission.

Done at Brussels, 25 September 1978.

For the Commission

Richard BURKE

Member of the Commission

(1) OJ No L 77, 29.3.1969, p. 49. (2) OJ No L 33, 3.2.1978, p. 12.
****

( 1 ) OJ NO L 77 , 29 . 3 . 1969 , P . 49 ( CONSOLIDATED VERSION PUBLISHED IN OJ NO C 73 , 17 . 3 . 1979 , P . 1 ).

( 2 ) OJ NO L 164 , 27 . 7 . 1970 , P . 1 ( AMENDMENTS PUBLISHED IN OJ NO L 181 , 4 . 7 . 1973 AND OJ NO L 394 , 24 . 12 . 1977 ).

COMMISSION OPINION

OF 27 JULY 1979

ADDRESSED TO THE NETHERLANDS GOVERNMENT ON THE SUBJECT OF EXEMPTIONS IT IS CONSIDERING IN RESPECT OF THE COMMUNITY REGULATIONS ON SOCIAL MATTERS IN THE FIELD OF ROAD TRANSPORT OPERATIONS

( 79/710/EEC )

1 . IN LETTER NO 5071 DATED 13 NOVEMBER 1978 TO THE COMMISSION FROM THE PERMANENT REPRESENTATION OF THE NETHERLANDS , THE GOVERNMENT OF THE NETHERLANDS CONSULTED THE COMMISSION ON MEASURES TO EXEMPT CERTAIN DRIVERS FROM CERTAIN REQUIREMENTS IMPOSED BY COUNCIL REGULATION ( EEC ) NO 543/69 OF 25 MARCH 1969 ( 1 ) AND COUNCIL REGULATION ( EEC ) NO 1463/70 OF 20 JULY 1970 ( 2 ).

MORE PARTICULARLY , THE MEASURES UNDER CONSIDERATION BY THE GOVERNMENT OF THE NETHERLANDS WOULD EXEMPT THE FOLLOWING TRANSPORT OPERATIONS AND NATIONAL USES FROM THE REQUIREMENTS OF ARTICLE 5 OF REGULATION ( EEC ) NO 543/69 AND ARTICLE 3 OF REGULATION ( EEC ) NO 1463/70 :

- USE OF VEHICLES UNDERGOING LOCAL ROAD TESTS FOR PURPOSES OF REPAIR AND MAINTENANCE ,

- TRANSPORT OF LIVE ANIMALS BETWEEN FARMS AND LOCAL MARKETS .

DRIVERS PERFORMING SUCH OPERATIONS MAY BE EXEMPTED FROM THE OBLIGATIONS IN RESPECT OF VOCATIONAL TRAINING LAID DOWN IN ARTICLE 5 OF REGULATION ( EEC ) NO 543/69 AND THE OBLIGATION TO USE RECORDING EQUIPMENT ON TRIPS WITHIN A RADIUS OF 50 KILOMETRES OF THE PLACE WHERE THE VEHICLES ARE BASED .

2 . THE MEASURES ENVISAGED ARE IN ACCORDANCE WITH THE REGULATIONS CONCERNED AND DO NOT GIVE RISE TO ANY OBJECTIONS ON THE COMMISSION ' S PART .

THE COMMISSION WOULD NEVERTHELESS DRAW THE ATTENTION OF THE NETHERLANDS GOVERNMENT TO THE FACT THAT ARTICLE 14 ( A ) ( 5 ) OF REGULATION ( EEC ) NO 543/69 REQUIRES MEMBER STATES TO TAKE APPROPRIATE MEASURES AT THE SAME TIME TO KEEP AN EFFECTIVE CHECK ON SUCH TRANSPORT OPERATIONS AND TO ENSURE THAT STANDARDS OF SOCIAL PROTECTION AND ROAD SAFETY ARE NOT INFRINGED .

3 . SUBJECT TO THE FOREGOING , THE COMMISSION HEREBY ISSUES A FAVOURABLE OPINION ON THIS CONSULTATION BY THE NETHERLANDS GOVERNMENT .

DONE AT BRUSSELS , 27 JULY 1979 .

FOR THE COMMISSION

RICHARD BURKE

MEMBER OF THE COMMISSION
COMMISSION OPINION of 10 September 1981 regarding the draft Royal Decree submitted by the Belgian Government on the incorporation into Belgian Law of Council Regulation (EEC) No 1463/70 concerning the introduction of recording equipment in road transport (81/776/EEC)

In the letter from the office of its permanent representative at the European Communities dated 27 February 1981, the Belgian Government consulted the Commission on a draft Royal Decree on the incorporation into Belgian Law of Council Regulations (EEC) No 1463/70, (EEC) No 1787/73 and (EEC) No 2828/77 concerning the introduction of recording equipment in road transport.

The draft Decree, which it is proposed will replace current Belgian legislation on recording equipment, is intended to make the national laws on the subject clearer and to improve the provisions concerning monitoring and on installers'and repairers'equipment.

The draft Decree is consistent with Council Regulation (EEC) No 1463/70 on the tachograph. The Commission therefore issues a favourable opinion with regard to the Decree and asks the Belgian Government to inform it within the required time limit of the Decree's entry into force.

Done at Brussels, 10 September 1981.

For the Commission

Giorgios CONTOGEORGIS

Member of the Commission
*****

COMMISSION OPINION

of 30 May 1986

addressed to the French Government on their draft decree concerning the implementation of various provisions of Council Regulation (EEC) No 543/69 as amended, on the harmonization of certain social legislation relating to road transport

(86/290/EEC)

1. In accordance with Article 14 (a) (2) of Council Regulation (EEC) No 543/69 of 25 March 1969, as amended on the harmonization of certain social legislation relating to road transport (1), the French Government in the letter of 2 December 1985 from the Permanent Representation to the European Communities consulted the Commission on a draft decree concerning the implementation of various provisions of this Regulation. The proposed decree would exempt the transport operations mentioned in Article 14 (a) 2 (a) and (b), namely vehicles which are constructed and equipped to carry not more than 15 persons including the driver, and vehicles undergoing local road tests for purposes of repair or maintenance, from the provisions of Article 5 of the Regulation which deals with the minimum ages, experience and training of drivers.

2. The Commission considers that the aims of the Regulation will not be jeopardized by these two exemptions but it expects the French authorities responsible to satisfy themselves that the drivers hereby exempted have adequate experience and training before taking such vehicles out on the road.

3. The Commission reserves the right to revise or revoke this opinion in light of any eventual change of the present legal situation in the Community as regards the minimum age, training and experience of these drivers.

Done at Brussels, 30 May 1986.

For the Commission

Stanley CLINTON DAVIS

Member of the Commission

(1) OJ No L 77, 29. 3. 1969, p. 49.
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COMMISSION OPINION

of 10 July 1990

concerning the Windscale Vitrification Plant and the Vitrified Product Store (United Kingdom)

(Only the English text is authentic)

(90/389/EEC)

The general data concerning the plan for the disposal of radioactive waste from the operation of the Windscale Vitrification Plant and the Vitrified Product Store were provided by the United Kingdom Government to the Commission, in accordance with Article 37 of the Euratom Treaty, by letter received on 8 January 1990.

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, Ireland is approximately 180 km; France is 510 km distant.

2. In normal conditions, the liquid and gaseous effluent discharges will give rise to negligible exposure of the population of other Member States from the point of view of health.

3. High and medium level radioactive waste will be stored on site; low level waste will be disposed off to the Drigg site.

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 operation of the Windscale Vitrification Plant and the Vitrified Product Store is not liable, either in normal operation or in the case of an accident of the magnitude considered in the general data, 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 United Kingdom.

Done at Brussels, 10 July 1990.

For the Commission

Carlo RIPA DI MEANA

Member of the Commission
COMMISSION OPINION of 8 May 1991 concerning the plan for the disposal of radioactive waste from the Siemens AG fuel element facility uranium processing plant in Hanau (Federal Republic of Germany) in accordance with Article 37 of the Euratom Treaty (Only the German text is authentic) (91/279/Euratom)

On 15 November 1990, the Commission of the European Communities received from the German Government, in accordance with Article 37 of the Euratom Treaty, the general data concerning the plan for the disposal of radioactive waste arising from operation of the Siemens AG fuel element facility uranium processing plant in Hanau.

On the basis of the data thus obtained, and after consultation of the group of exports, the Commission drew up the following opinion:

1. The distance between the plant and the nearest point on the territory of another Member State, in this case Luxembourg, is approximately 145 km; Belgium and the Netherlands are at distances of approximately 150 and 180 km respectively.

2. 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.

3. The solid radioactive waste produced in the plant is as much as possible recycled. The non-recoverable part is stored on site pending transfer for final storage on a national site.

4. 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 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 disposal of radioactive waste from the uranium processing plant of the Siemens AG fuel element facility in Hanau, 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 16 March 1993 addressed to the Belgian Government in respect of a draft Royal Decree approving the first management agreement for the Belgian railways (SNCB)

(93/340/EEC)In accordance with Article 1 of the Council Decision of 21 March 1962, instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (1), as amended by Decision 73/402/EEC (2), the Belgian Government sent a letter dated 18 September 1992 to the Commission enclosing a draft Royal Decree approving the first management agreement for the Belgian railways (SNCB).

The Commission received the letter from the Belgian Government on 11 November 1992 and, in accordance with Article 1 of the abovementioned Decision, the Belgian Government also sent details of the draft Royal Decree to the other Member States.

Pursuant to Article 2 of the Council Decision the Commission hereby delivers the following opinion:

1. The Commission finds that the draft Royal Decree is aimed at amending the Statute of the SNCB. It is adopted on the basis of, and pursuant to, the Law of 21 March 1991 reforming a number of public business undertakings. It stipulates, inter alia, that the SNCB is one of the autonomous public undertakings referred to in Article 1, paragraph 4, of the Law of 21 March 1991 reforming certain public business undertakings, and that the State will transfer ownership of the State railway network, including the Nord-Midi line, to the SNCB. Furthermore, the draft Royal Decree states that the balance sheet of the SNCB was drawn up as at 30 June 1992 taking into account a number of transactions, including a provision for risks and charges amounting of Bfrs 12 billion, which appears in the balance sheet as a transfer from the capital put up by the State. This provision will be used in the main to finance the modernization of the SNCB and the training of its personnel.

2. The Commission notes with interest the measures proposed by the Belgian Government to amend the Statute of the SNCB. It has no observations to make with regard to the contents of the draft Royal Decree.

3. Moreover, and independently of the observations in paragraph 2, the Commission draws attention to the Belgian Government's obligations under Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways (1).

4. The Commission will inform the other Member States of this opinion.

(1)Done at Brussels, 16 March 1993.

For the Commission

Abel MATUTES

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

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

(2002/C 108/04)

The Commission hereby states that the Republic of Hungary 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 the Republic of Hungary and the European Community.

In accordance with Article 4 thereof, Commission Regulation (EC) No 2387/2001 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 resulting from modifications at the site of the Neckarwestheim Nuclear Power Station GKN in the Federal Republic of Germany in accordance with Article 37 of the Euratom Treaty

(2002/C 208/04)

(Only the German text is authentic)

On 12 February 2002, the European Commission received from the Government of the Federal Republic of Germany, in accordance with Article 37 of the Euratom Treaty, general data relating to the plan for the disposal of radioactive waste resulting from modifications at the site of the Neckarwestheim Nuclear Power Station GKN.

On the basis of these data, the Commission has considered that the plan concerned modifications to an existing plan on which an opinion had already been given. The Commission has further taken into consideration that the intermediate storage facility for irradiated fuel resulting from those modifications is designed to operate up to 40 years and could remain in operation after decommissioning and dismantling of the existing plant. Following consultation with the group of experts, the Commission has drawn up the following opinion:

(a) The planned modifications require no changes to the existing authorised limits for gaseous and liquid discharges.

(b) The planned modifications have no consequences in relation to the solid radioactive waste arising from the operation of the existing plant.

(c) The planned modifications have no consequences in relation to the unplanned discharges of radioactive substances, which may follow an accident of the type and magnitude considered in the general data of the existing plan.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste in whatever form resulting from modifications at the site of the Neckarwestheim Nuclear Power Station GKN, located in the Federal Republic of Germany, 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.
Commission opinion

of 10 December 2003

concerning the plan for the disposal of radioactive waste arising from the decommissioning and complete dismantling of the research reactor TRIGA HD II and the complete dismantling of the decommissioned and safe-state research reactor TRIGA HD I at Heidelberg in Baden-Württemberg in the Federal Republic of Germany, in accordance with Article 37 of the Euratom Treaty

(2003/C 300/04)

(Only the German text is authentic)

On 6 June 2003, the European Commission received from the German Government, in accordance with Article 37 of the Euratom Treaty, General Data relating to the plan for the disposal of radioactive waste arising from the decommissioning and complete dismantling of the research reactor TRIGA HD II and the complete dismantling of the decommissioned and safe-state research reactor TRIGA HD I at Heidelberg.

On the basis of these data and additional information provided by the German Government on 24 September 2003, 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 on the territory of another Member State is approximately 80 km to France.

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

(c) Solid radioactive waste arising from the dismantling operations will be transferred to the regional collection point for radioactive waste at the FZK Karlsruhe. Non-radioactive solid waste or residual materials and materials which are released from regulatory control will be released for disposal as conventional waste or for reuse or recycling. This will be done in compliance with the criteria laid down in the Basic Safety Standards (Directive 96/29/Euratom).

(d) In the event of unplanned 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 decommissioning and complete dismantling of the research reactor TRIGA HD II and the complete dismantling of the decommissioned and safe-state research reactor TRIGA HD I at Heidelberg in Baden-Württemberg in the Federal Republic of Germany, 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 the radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.