31. 12. 85 Official Journal of the European Communities No C 349/27 
3. The Member State in which a carrier is established may, 
as an exceptional measure, and after consulting the 
Commission, grant derogations with regard to the majority 
required in paragraph 1, provided that the way in which the 
transport undertaking is managed is not likely to disturb the 
transport market. 
4. The production of a certificate issued by the Member 
State in which the carrier is established constitutes proof of 
compliance with the provisions of paragraphs 1, 2 and 3. 
This certificate or a copy of it must be kept on board the 
vehicle. 
Article 3 
The carrying out by a non-resident carrier of the national 
transport operations referred to in Article 1 shall be governed 
by the laws, regulations and administrative provisions in 
force in the Member State in which the transport operations 
are carried out; such rules must be applied to non-resident 
carriers under the conditions imposed by that State on its 
own nationals and in such a way that there is no 
discrimination against non-resident carriers on the grounds 
of nationality or place of establishment. 
Article 4 
For the purposes of the national transport operations 
referred to in Article 1, no Member State shall refuse the 
choice of a fictitious registered place of business to a 
non-resident carrier, where the laws, regulations or 
administrative provisions of that Member State entail 
choosing a registered place of business. This fictitious 
registered place of business must be the same for all the 
vehicles of the non-resident carrier. 
Article S 
1. Without prejudice to Article 1, any carrier covered by that 
Article may, with effect from 1 January 1987, carry out 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 100 and 
235 thereof, national transport operations in a different Member State 
from the one in which he is established, without quantitative 
or qualitative restrictions, subject to the following 
conditions: 
— the transport operations must follow on from a haulage 
operation between two Member States carried out under 
cover of an authorization or without an authorization in 
the case of liberalized services, 
— not more than two transport operations may be carried 
out, 
— the transport operations must be carried out during the 
return journey either to the Member State in which the 
operator is based or to the Member State where the 
preceding international transport operation began. 
2. Without prejudice to paragraph 1, the provisions of 
Articles 2 and 3 shall also apply to the national transport 
operations referred to in paragraph 1. 
Article 6 
Member States may require documentary proof that the 
national transport operations referred to in Article 5 follow 
on from a transport operation between two Member 
States. 
Article 7 
Member States shall, in due course, after consulting the 
Commission adopt the measures necessary to implement this 
Regulation. 
Article 8 
This Regulation shall enter into force on 1 July 1986. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, Proposal for a Council Directive on the prevention of environmental pollution by asbestos 
(COM(85) 632 final 
(Submitted by the Commission to the Council on 6 December 198S) 
(85/C 349/04) 
No C 349/28 Official Journal of the European Communities 31. 12. 85 
Whereas the 1973 (l), 1977 (2) and 1983 (3) action 
programmes of the European Communities emphasize the 
importance of preventing and reducing environmental 
pollution; 
Whereas the 1973 action programme of the European 
Communities on the environment places asbestos among the 
first-category pollutants to be investigated on the grounds of 
their toxicity and of their serious effects on health; 
Whereas Council Directive 84/360/EEC (4) lays down 
provisions on the combating of air pollution from industrial 
plants; 
Whereas Council Directive 76/769/EEC (s), as amended by 
Directive 83/478/EEC (6), lays down provisions restricting 
the marketing and use of crocidolite and products containing 
crocidolite fibres and special provisions concerning the 
labelling of products containing asbestos; 
Whereas Council Directive 83/477/EEC (7) lays down 
provisions on the protection of workers from the risks related 
to exposure to asbestos at work; 
Whereas the most effective way of reducing environmental 
pollution by asbestos is to restrict emissions of this pollutant 
into the various environments and to introduce other 
preventive measures, in particular the recycling of asbestos 
discharges and wastes, based on the use of the best available 
technology not involving excessive costs; 
Whereas waste containing or contaminated by asbestos in the 
form of dust and fibres is considered to be toxic and 
dangerous and accordingly falls within the scope of Council 
Directives 78/319/EEC of 20 March 1978 on toxic and 
dangerous waste (8), 75/442/EEC of 15 July 1975 on 
waste (9) and 84/631/EEC of 6 December 1984 on the 
supervision and control within the European Community of 
the trans-frontier shipment of hazardous waste (10); 
Whereas disparities between the provisions in force or being 
amei.ded in the Member States as regards the control of 
pollution from industrial plants can create unequal 
conditions of competition and thereby directly affect the 
functioning of the common market, and it is therefore 
necessary to approximate legislation in this field pursuant to 
Article 100 of the Treaty; 
(') OJ NoC 112, 20. 12. 1973, p. 3. 
(2) OJ NoC 139, 13.6. 1977, p. 1. 
(}) OJ NoC 46, 17. 2. 1983, p. 1. 
(«) OJ No L 188, 16. 7. 1984, p. 20. 
(5) OJ No L 262, 27. 9. 1976, p. 201. 
(6) OJ No L 263, 24. 9. 1983, p. 33. 
(7) OJ No L 263, 24. 9. 1983, p. 25. 
(8) OJ No L 84, 31.3. 1978, p. 43. 
(») OJ No L 194, 25. 7. 1975, p. 47. 
(10) OJ No L 326, 13. 12. 1984, p. 31. Whereas reducing pollution by asbestos serves to further one 
of the Community's objectives regarding the protection and 
improvement of the environment, but specific powers for this 
purpose are not expressly provided for in the Treaty and 
Article 235 must therefore also be invoked, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The objective of this Directive is to prevent environmental 
pollution by asbestos elsewhere than at places of work. 
Article 2 
1. This Directive: 
— lays down limit values for the volume of and 
concentration of suspended matter in aqueous effluent 
arising from certain activities in which asbestos is 
used, 
— lays down limit values for the emission of asbestos fibres 
into the air, 
— lays down provisions and supplements provisions already 
adopted for the prevention of environmental pollution 
caused by: 
— the working of products containing asbestos, 
— the demolition of buildings, structures and other 
objects containing asbestos, 
— the processing, transport and disposal of sludge and 
waste containing asbestos. 
2. This Directive shall be applied without prejudice to the 
provisions laid down by Directive 83/477/EEC with regard 
to safety and health at work. 
Article 3 
For the purposes of this Directive: 
1. 'Asbestos' means the following fibrous silicates: 
— crocidolite, CAS (Chemical Abstract Service) No 
1200-28-4, 
— actinolite, CAS No 77536-66-4, 
— antophyllite, CAS No 77536-67-5, 
— chrysotile, CAS No 12001-29-5, 
— amosite, CAS No 12172-73-5, 
— tremolite, CAS No 77536-68-6. 
2. 'The use of asbestos' means: 
activities involving the handling of 100 kg of crude 
asbestos or more per year, comprising the extraction or 
dressing of ores, the use of crude asbestos either for 
31. 12. 85 Official Journal of the European Communities No C 349/29 
processing or for incorporation into products in order to 
confer particular properties on them, or in order to treat 
products in some way without incorporating the asbestos 
into them. 
3. 'The working of products containing asbestos' means: 
activities taking place elsewhere than in facilities for the 
manufacture of products containing asbestos which are 
liable to release dust or fibres into the environment. 
4. 'Waste' means: 
any substance or object as defined in Article 1 of 
Directive 75/442/EEC. 
Article 4 
Member States shall take the measures necessary to ensure 
that aqueous effluent, emmissions into the air and solid waste 
arising from the use of asbestos are reduced at source as far as 
possible, or recycled or treated, using the best available 
technology not involving excessive costs. 
Article 5 
Without prejudice to Article 3, Member States shall take the 
measures necessary to ensure that when asbestos is used the 
concentration of asbestos in discharges into the air does not 
exceed the limit value of 0,1 mg/m3 (milligrams of asbestos 
per m3 of air discharged). 
Article 6 
Member States shall take the measures necessary to 
ensure: 
1. that without prejudice to Article 4 and where total 
recyling is not technically and economically feasible, the 
following limit values for aqueous effluent from the 
manufacture of asbestos-cement are complied with: 
— 30 g of suspended matter per m3 of aqueous effluent 
discharged, 
— 0,7 m3 of effluent discharged per tonne of 
asbestos-cement produced. 
The abovementioned discharge limit values shall apply at 
the point immediately before discharge into surface 
waters or into a public drainage system; 
2. that all aqueous effluent arising in the manufacture of 
asbestos paper is recycled. 
Article 7 
1. Member States shall take the measures necessary to 
ensure that measurements are taken at regular intervals of discharges of aqueous effluent and emissions into the air 
from facilities where activities take place in which asbestos is 
used. 
2. For the purposes of checking compliance with the limit 
values provided for in Articles 5 and 6, the sampling and 
analysis procedures and methods shall be in conformity with 
those described in the Annex or with any other procedure or 
method which gives equivalent results. 
Article 8 
Member States shall take the measures necessary to 
ensure: 
— that without prejudice to the safety instructions set out in 
Annex II (5) to Directive 76/769/EEC, activities 
involving the working of products containing asbestos do 
not cause environmental pollution, 
— that the demolition of buildings, structures and other 
objects containing asbestos does not cause environmental 
pollution; to that end they shall satisfy themselves that 
the plan of work provided for in Article 12 of Directive 
83/477/EEC also prescribes all the necessary preventive 
measures to this end. 
Article 9 
Member States shall take the measures necessary to 
ensure: 
— that in the course of transport of waste containing 
asbestos no asbestos fibres or dust are released into the air 
and no liquids which may contain asbestos fibres are 
spilled, 
— that waste containing asbestos dumped at a licensed tip 
shall be covered with a layer of earth at least 20 cm thick 
not more than two days after being dumped. 
Article 10 
1. For the purposes of Articles 8 and 9, Member States shall 
as far as possible base their measures on existing codes of 
practice in so far as such codes are in line with the objective of 
this Directive. 
2. In accordance with the procedure described in Article 15, 
the Commission shall, if necessary, adopt Community codes 
of practice. 
Article 11 
A Member State may, in order to protect health and the 
environment, introduce provisions which are more stringent 
than those of this Directive. 
No C 349/30 Official Journal of the European Communities 31. 12. 85 
Article 12 
The application of this Directive may in no event have the 
effect of allowing the emission standards currently in force in 
the Member States to be exceeded where the latter are more 
stringent. 
Article 13 
The procedure provided for in Articles 14 and 15 for the 
adaptation of this Directive to technical progress shall also be 
followed for the definition of the methods of sampling and 
analysis mentioned in the Annex. 
Article 14 
A Committee for the adaptation of this Directive to scientific 
and technical progress, hereinafter called 'the Committee', 
consisting of representatives of the Member States and 
chaired by a representative of the Commission, is hereby set 
up. 
The Committee shall draw up its rules of procedure. 
Article IS 
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 14 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 measures envisaged 
where they are in accordance with the opinion of the 
Committee. 
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. 
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 
Member States shall supply the Commission, at its request, 
with all necessary information, and in particular the results 
of measurements carried out pursuant to this Directive. 
Article 17 
On the basis of the information supplied pursuant to 
Article 16, the Commission shall from time to time 
make a comparative assessment of the application of this 
Directive by Member States. 
Article 18 
1. Member States shall bring into force the laws, regulations 
and administrative provisions necessary to comply with this 
Directive not later than 1 January 1987. 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 governed by this Directive. 
Article 19 
This Directive is addressed to the Member States. 
31. 12. 85 Official Journal of the European Communities No C 349/31 
ANNEX 
METHODS OF SAMPLING AND ANALYSIS 
A. Discharges of aqueous effluent 
A gravimetric method will be used for measuring suspended matter. 
B. Emissions into the air 
The reference method and procedure for sampling and analysis will be specified on the basis of the 
international standard now being defined by the ISO working group (ISO/TCI/46/SCI-WG 1) N 16. 
Amendment to the proposal for a Council Regulation (EEC) amending Regulation (EEC) 
No 1785/81 on the common organization of the markets in the sugar sector (') 
COM(85) 754 final 
(Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of the 
EEC Treaty on 6 December 1985) 
(85/C 349/05) 
The Commission's proposal of 7 August 1985 in document 
COM(85)433 final is amended pursuant to the second 
paragraph of Article 149 of the treaty as follows: 
I. The fifth recital is replaced by the following: 
'Whereas the main objective of the provisions of 
Article 28 of Regulation (EEC) No 1785/81 is to cover 
from financial contributions by producers all the losses 
due to the disposal of Community production surpluses; 
whereas an assessment of world market prices over the 
last ten years and of prospects for this market in the next 
five years, having due regard to the cyclical character of 
the trend, justifies the maintenance of the ceilings of the 
levies applicable since the 1981/82 marketing year; 
whereas, none the less, to make it more certain in the 
future that the said objective will be attained, provision 
should be made to allow review, where appropriate, of 
the provisions of the said Article 28; 
Whereas, to enable all actual expenditure relating to the 
export of Community production surpluses in respect of 
1981/82 to 1985/1986 to be covered without affecting 
the application of the self-financing system during the 
1986/87 to 1990/91 marketing years, provision should 
also be made for the introduction of an elimination levy; 
whereas to establish this levy as fairly as possible, it 
should be applied over a period of five marketing years, 
differentiated according to production regions, within 
the meaning of Article 24 (2) of Regulation (EEC) 
No 1785/81, having due regard to contributions paid in 
(') OJ No C 219, 29. 8. 1984, p. 4. the past by planters of beet and cane and producers of 
sugar and isoglucose, taken as a whole and to foreseeable 
effective production in these same regions; 
Whereas, in view of the nature of the elimination levy, it 
should not be applied to production regions in Portugal 
and Spain;'. 
II. Point 1 in Article 1 is deleted. 
III. Point 8 in Article 1 is replaced by the following: 
'8. In Article 28 (2), 
"2. Before the end of each . . . the year of recording:" is 
replaced by: 
"2. Before the end of each of the marketing years 
1987/88 to 1990/91, there shall be recorded 
cumulatively for the marketing years 1986/87 to 
1989/90 which precede the marketing year of 
recording:".' 
IV. Point 9 in Article 1 is deleted. 
V. Point 10 in Article 1 is replaced by the following: 
'10. The following third and fourth subparagraphs are 
added to Article 28 (5): 
"According to the procedure referred to in the 
second subparagraph, the Council may decide that 
some or all of the losses resulting from payment of 
production refunds referred to in Article 9 (3) 
shall be taken into account for the establishment of 
the overall loss referred to in paragraph 1 (e) of 
this Article. 
Where necessary, to achieve the objective of this 
Article, the Council shall review, before the end of 
the 1988/89 marketing year, according to the