Proposal for a Council Directive imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (Codified version)
Date: 2004-01-23
Institutions: European Commission
Subjects: codification of EU law, crude oil, petroleum product, security of supply, stock

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.1.2004
COM(2004) 35 final

2004/0004 (CNS)

Proposal for a

COUNCIL DIRECTIVE

imposing an obligation on Member States to maintain minimum stocks of crude oil
and/or petroleum products

(Codified version)

(presented by the Commission)

EN

  EN

1.

2.

3.

4.

5.

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EXPLANATORY MEMORANDUM

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more
accessible to the ordinary citizen, thus giving him new opportunities and the chance
to make use of the specific rights it gives him.

This aim cannot be achieved so long as numerous provisions that have been amended
several times, often quite substantially, remain scattered, so that they must be sought
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable
research work, comparing many different instruments, is thus needed to identify the
current rules.

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also
essential if Community law is to be clear and transparent.

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all
legislative acts should be codified after no more than ten amendments, stressing that
this is a  minimum requirement  and  that  departments  should  endeavour  to  codify  at
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the
Community rules are clear and readily understandable.

The  Conclusions  of 
the  Edinburgh  European  Council
(December 1992) confirmed this2, stressing the importance of codification as it offers
certainty as to the law applicable to a given matter at a given time.

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community
legislative procedure.

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by
codification, the European Parliament, the Council and the Commission have agreed,
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated
procedure may be used for the fast-track adoption of codification instruments.

is 

this  proposal 

to  undertake  a  codification  of  Council
The  purpose  of 
Directive 68/414/EEC  of  20  December  1968  imposing  an  obligation  on  Member
States  of  the  EEC  to  maintain  minimum  stocks  of  crude  oil  and/or  petroleum
products3. The new Directive will supersede the various acts incorporated in it4; this
proposal  fully  preserves  the  content  of  the  acts  being  codified  and  hence  does  no
more than bringing them together with only such formal amendments as are required
by the codification exercise itself.

The codification proposal was drawn up on the basis of a preliminary consolidation,
in all official languages, of Directive 68/414/EEC and the instruments amending it,
carried out by the Office for Official Publications of the European Communities, by
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new

COM(87) 868 PV.
See Annex 3 to Part A of the Conclusions.
Carried out pursuant to the Communication from the Commission to the European Parliament and the
Council – Codification of the Acquis communautaire, COM(2001) 645 final.
Annex I, Part A of this proposal.

2

 
                                                
numbers,  the correlation  between the old and the new  numbers  is  shown  in  a  table
contained in Annex II to the codified Directive.

3

 
2004/0004 (CNS)

Proposal for a

(cid:1) 68/414/EEC (adapted)

COUNCIL DIRECTIVE

imposing an obligation on Member States to maintain minimum stocks of crude oil
and/or petroleum products

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article (cid:2) 100 (cid:3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament5,

Having regard to the opinion of the European Economic and Social Committee6,

Whereas:

(1)

(2)

5

6

7

8

(cid:1) 

Council  Directive  68/414/EEC  of  20  December  1968  imposing  an  obligation  on
Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum
products7 has been substantially amended8. In the interests of clarity and rationality the
said Directive should be codified.

(cid:1) 68/414/EEC Recital 1

Imported  crude  oil  and  petroleum  products  are  of  importance  in  providing  the
Community with supplies of energy. Any difficulty, even temporary, having the effect
of reducing supplies of such products imported from third States could cause serious
disturbances  in  the  economic  activity  of  the  Community.  The  Community  must

OJ C
OJ C
OJ L 308, 23.12.1968, p. 14. Directive as last amended by Directive 98/93/EC (OJ L 358, 31.12.1998,
p. 100).
See Annex I, Part A.

4

 
                                                
therefore be in a position to offset or at least to diminish any harmful effects in such a
case.

(3)

A crisis in obtaining supplies could occur unexpectedly and it is therefore essential to
establish forthwith the necessary means to make good a possible shortage.

(cid:1) 68/414/EEC Recital 2

(4)

(5)

To  this  end,  it  is  necessary  to  increase  the  security  of  supply  for  crude  oil  and
petroleum  products  in  Member  States  by  establishing  and  maintaining  minimum
stocks of the most important petroleum products.

(cid:1) 68/414/EEC Recital 3

(cid:1) 98/93/EC Recital 8

It is necessary that stocks are at the disposal of Member States should difficulties in oil
supply arise. Member States should possess the powers and the capacity to control the
use of stocks so that they can be made available promptly for the benefit of the areas
which most need oil supplies.

(6)

Organisational  arrangements  for  the  maintenance  of  stocks  should  ensure  the  stocks'
availability and their accessibility to the consumer.

(cid:1) 98/93/EC Recital 9

(7)

(8)

(cid:1) 98/93/EC Recital 10 (adapted)

It  is  appropriate  that  organisational  arrangements  for  the  maintenance  of  stocks  are
transparent,  ensuring  a  fair  and  non-discriminatory  sharing  of  the  burden  of  the
stock-holding  obligation.  Therefore,  information  relating  to  the  cost  of  holding  oil
stocks (cid:2) must be capable of being (cid:3) made available by Member States to interested
parties.

(cid:1) 98/93/EC Recital 11

In order to organise the maintenance of stocks, Member States may have recourse to a
system  based  on  a  stockholding  body  or  entity  which  will  hold  all,  or  part,  of  the
stocks  making  up  their  stockholding  obligation.  The  balance,  if  any,  should  be
maintained  by  refiners  and  other  market  operators.  Partnership  between  the
Government and the industry is essential to operate efficient and reliable stockholding
mechanisms.

5

 
(cid:1) 98/93/EC Recital 12 (adapted)

(9)

Indigenous  production  contributes  in  itself  to  security  of  supply.  The  oil  market
evolution  can  justify  an  appropriate  derogation  from  the  obligation  to  maintain  oil
stocks  for  Member  States  with  indigenous  oil  production.  Member  States (cid:2) should
be able to (cid:3) exempt undertakings from the obligation to maintain stocks in respect of
an  amount  not  exceeding  the  quantity  of  products  which  those  undertakings
manufacture from indigenously produced crude oil.

(10)

It  is  appropriate  to  adopt  approaches  which  are  already  followed  by  the  Community
and the Member States within their international obligations and agreements. Owing to
changes in the pattern of oil consumption, international aviation bunkers have become
an important component of this consumption.

(cid:1) 98/93/EC Recital 13

(11)

There  is  a  need  to  (cid:2) organise (cid:3)  the  Community  statistical  reporting  mechanism
concerning oil stocks.

(cid:1) 98/93/EC Recital 14 (adapted)

(cid:1) 98/93/EC Recital 15

(12) Oil stocks can, in principle, be held anywhere in the Community and, therefore, it is
appropriate  to  facilitate  the  establishment  of  stocks  outside  national  territory.  It  is
necessary that decisions for holding stocks outside national territory are taken by the
Government of the Member State concerned according to its needs and supply security
considerations.  In  the  case  of  stocks  held  at  the  disposal  of  another  undertaking,  or
body/entity,  more  detailed  rules  are  needed  to  guarantee  their  availability  and
accessibility in the event of oil supply difficulties.

(13)

It is desirable, in order to ensure the smooth running of the internal market, to promote
the use of agreements  between Member  States concerning  minimum  stockholding  in
order  to  further  the  use  of  storage  facilities  in  other  Member  States.  It  is  for  the
Member States concerned to take the decision to conclude such agreements.

(cid:1) 98/93/EC Recital 16

(14)

It  is  appropriate  to  (cid:2) perform (cid:3)  the  administrative  supervision  of  stocks  and
establish efficient mechanisms for the control and verification of stocks. A regime of
sanctions is necessary to impose such a control.

(cid:1) 98/93/EC Recital 17 (adapted)

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(15)

Since the objectives of the action to be taken, namely the maintenance of a high level
of security in the supply of crude oil within the Community, by means of reliable and
transparent  arrangements  based  on  solidarity  between  Member  States,  cannot  be
sufficiently achieved by the Member States by reason of the consistency and solidarity
required  by  the  internal  market,  and  can  therefore  be  better  achieved  at  Community
level,  the  Community  may  adopt  measures,  in  accordance  with  the  principle  of
subsidiarity as set  out in Article 5 of the Treaty.  In accordance  with  the  principle  of
proportionality,  as  set  out  in  that  Article,  this  Directive  does  not  go  beyond  what  is
necessary in order to achieve those objectives.

(16)

This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States
relating to the time-limits for transposition into national law of the Directives set out in
Annex I, Part B,

(cid:1) 

HAS ADOPTED THIS DIRECTIVE:

(cid:1) 68/414/EEC

(cid:1) 98/93/EC Art. 1, pt. 1 (adapted)

Article 1

1.

2.

Member  States  shall  adopt  such  laws,  regulations  or  administrative  provisions  as
may be appropriate in order to maintain within the European Community at all times,
subject to the provisions of Article (cid:2) 10 (cid:3) , their stocks of petroleum products at a
level  corresponding,  for  each  of  the  categories  of  petroleum  products  listed  in
Article 2,  to  at  least  90  days'  average  daily  internal  consumption  in  the  preceding
calendar year referred to in Article 4 (cid:2) (2) (cid:3) .

That  part  of  internal  consumption  met  by  derivatives  of  petroleum  produced
indigenously  by  the  Member  State  concerned  may  be  deducted  up  to  a  maximum
of 25%  of  the  said  consumption.  The  (cid:2) domestic (cid:3)  distribution  of  the  result  of
such a deduction shall be decided by the Member State concerned.

(cid:1) 68/414/EEC (adapted)
(cid:4)1 98/93/EC Art. 1, pt. 3

Article(cid:1)1 2 (cid:2)

The  following  categories  of  product  shall  be  taken  into  account  in  calculating  internal
consumption:

(cid:2) (a) (cid:3) motor spirit and aviation fuel (aviation spirit and jet-fuel of the gasoline type);

7

 
(cid:2) (b) (cid:3) gas oil, diesel oil, kerosine and jet-fuel of the kerosine type;

(cid:2) (c) (cid:3) fuel oils.

Bunker  supplies  for  sea-going  vessels  shall  not  be  included  in  the  calculation  of  internal
consumption.

(cid:1) 98/93/EC Art. 1, pt. 3

(cid:1) 98/93/EC Art. 1, pt. 4

Article 3

1.

2.

3.

Stocks  maintained  in  accordance  with  Article  1  shall  be  fully  at  the  disposal  of
Member States should difficulties arise in obtaining oil supplies. Member States shall
ensure  that  they  have  the  legal  powers  to  control  the  use  of  stocks  in  such
circumstances.

At  all  other  times,  Member  States  shall  ensure  the  availability  and  accessibility  of
these  stocks.  They  shall  establish  arrangements  allowing  for  the  identification,
accounting and control of the stocks.

Member States shall ensure that fair and non-discriminatory conditions apply in their
stockholding arrangements.

The  cost  burden  resulting  from  the  maintenance  of  stocks  in  accordance  with
Article 1  shall  be  identified  by  transparent  arrangements.  In  this  context,  Member
States  may  adopt  measures  to  obtain  appropriate  information  regarding  the  cost
burden of  stockholding  in  accordance with  Article  1 and to make such  information
available to interested parties.

To fulfil the requirements of paragraphs 1 and 2, Member States may decide to have
recourse to a stockholding body or entity which will be responsible for holding all or
part of the stocks.

Two  or  more  Member  States  may  decide  to  have  recourse  to  a  joint  stockholding
body  or  entity.  In  that  case  they  shall  be  jointly  responsible  for  the  obligations
deriving from this Directive.

(cid:1) 98/93/EC Art. 1, pt. 5 (adapted)

Article 4

(cid:2) 1. (cid:3) Member States shall submit to the Commission a statistical summary showing
stocks  existing  at  the  end  of  each  month,  drawn  up  in  accordance  with
Article 5 (cid:2) (2) (cid:3)  and  (cid:2) Article (cid:3)  6  and  specifying  the  number  of  days  of
average  consumption  in  the  preceding  calendar  year  which  those  stocks  represent.

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This summary must be submitted at the latest by the 25th day of the second month
after the month to be reported.

(cid:2) 2. (cid:3) A  Member  State's  stockholding  obligation  shall  be  based  on  the  previous
calendar  year's  internal  consumption.  At  the  beginning  of  each  calendar  year,
Member  States  must  re-calculate  their  stockholding  obligation  at  the  latest  by
31 March  in  each  year  and  ensure  that  they  comply  with  their  new  obligations  as
soon as possible and, in any event, at the latest by 31 July in each year.

(cid:2) 3. (cid:3) In  the  statistical  summary,  stocks  of  jet  fuel  of  the  kerosine  type  shall  be
reported  separately  under  (cid:2) the (cid:3)  category  (cid:2) referred  to  in  point  (b)  of
Article 2 (cid:3) .

(cid:1) 98/93/EC Art. 1, pt. 6 (adapted)

Article 5

(cid:2) 1. (cid:3) Stocks required to be maintained by Article 1 may be maintained in the form

of crude oil and intermediate products, as well as in the form of finished products.

(cid:2) 2. (cid:3) In the statistical summary of stocks (cid:2) existing at the end of each month (cid:3) ,
finished products shall be accounted for according to their actual tonnage.

Crude oil and intermediate products shall be accounted for:

(cid:2) (a) (cid:3) in  the  proportions  of  the  quantities  for  each  category  of  product
obtained  during  the  preceding  calendar  year  from  the  refineries  of  the
(cid:2) Member (cid:3) State concerned (cid:2) ; (cid:3) or

(cid:2) (b) (cid:3) on  the  basis  of  the  production  programmes  of  the  refineries  of  the

(cid:2) Member (cid:3) State concerned for the current year (cid:2) ; (cid:3) or

(cid:2) (c) (cid:3) on the basis of the ratio between the total quantity manufactured during
the preceding calendar year in the (cid:2) Member (cid:3) State concerned of products
covered by the obligation to maintain stocks and the total amount of crude oil
used during that year, (cid:2) up to a maximum of (cid:3) 40% of the total obligation
for  the  first  and  second  categories  (petrol  and  gas  oils),  and  (cid:2) up  to  a
maximum of (cid:3) 50% for the third category (fuel oils).

(cid:2) 3. (cid:3) Blending components, when intended for processing into the finished products

listed in Article 2, may be substituted for the products for which they are intended.

9

 
(cid:1) 68/414/EEC

Article 6

(cid:1) 98/93/EC Art. 1, pt. 7(a)
(adapted)

1.

When calculating the level of minimum stocks provided for in Article 1, only those
quantities which would be held in accordance with Article 3(1) shall be included in
the statistical summary.

(cid:1) 68/414/EEC (adapted)

(cid:2) 2. (cid:3) Subject to the provisions of paragraph 1, the following may be included in the

stocks:

(cid:2) (a) (cid:3) supplies  on  board  oil  tankers  in  port  for  the  purpose  of  discharging,

once the port formalities have been completed;

(cid:2) (b) (cid:3) supplies held in ports of discharge;

(cid:2) (c) (cid:3) supplies held in tanks at the entry to oil pipelines;

(cid:2) (d) (cid:3) supplies  held  in  refinery  tanks,  excluding  those  supplies  in  pipes  and

refining plant;

(cid:2) (e) (cid:3) supplies  held  in  storage  by  refineries  and  by  importing,  storage  or

wholesale distribution firms;

(cid:2) (f) (cid:3) supplies  held  in  storage  by  large-scale  consumers  in  compliance  with
the provisions of national law concerning the obligation to maintain permanent
stocks;

(cid:2) (g) (cid:3) supplies  held  in  barges  and  coasting-vessels  engaging  in  transport
within  national  frontiers,  (cid:2) on  condition  that (cid:3)  it  is  possible  for  the
competent authorities  to  keep  a  check  on  such supplies  and  provided  that  the
supplies (cid:2) can (cid:3) be made available immediately.

(cid:1) 98/93/EC Art. 1, pt. 7(c)
(adapted)

(cid:2) 3. (cid:3) (cid:2) T (cid:3)  he  following  shall,  in  particular,  be  excluded  from  the  statistical
summary: indigenous crude oil not yet extracted; supplies intended for the bunkers of
sea-going  vessels;  supplies  in  direct  transit  apart  from  the  stocks  referred  to  in
(cid:2) Article  7(1) (cid:3) ; supplies  in pipelines, in  road  tankers  and  rail  tank-wagons,  in
the storage tanks of retail outlets, and those held by small consumers.

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Quantities  held  by  the  armed  forces  and  those  held  for  them  by  the  oil  companies
shall also be excluded from the statistical summary.

(cid:1) 98/93/EC Art. 1, pt. 7(b)
(adapted)

(cid:3) Article 7 (cid:4)

(cid:2) 1. (cid:3) For  the  purposes  of  implementing  this  Directive,  stocks  may  be  established,
under agreements between Governments, within the territory of a Member State for
the account of undertakings, or bodies/entities, established in another Member State.
It is for the Government of the Member State concerned to decide whether to hold a
part of its stocks outside its national territory.

The  Member  State  on  whose  territory  the  stocks  are  held  under  the  framework  of
such an agreement shall not oppose the transfer of these stocks to the other Member
States for the account of which stocks are held under that agreement; it shall keep a
check on such stocks in accordance with the procedures specified in that agreement
but  shall  not  include  them  in  its  statistical  summary.  The  Member  State  on  whose
behalf the stocks are held may include them in its statistical summary.

Together with the statistical summary, each Member State shall send a report to the
Commission concerning the stocks maintained within its own territory for the benefit
of another Member  State, as well  as the stocks  held  in  other  Member  States for its
own  benefit.  In  both  cases,  the  storage  locations  and/or  companies  holding  the
stocks, quantities and product category — or crude oil — stored will be indicated in
the report.

(cid:2) 2. (cid:3) Drafts of the agreements mentioned in (cid:2) paragraph 1 (cid:3) shall be sent to the
Commission, which may make its comments known to the Governments concerned.
The  agreements,  once  concluded,  shall  be  notified  to  the  Commission,  which  shall
make them known to the other Member States.

Agreements shall satisfy the following conditions:

(cid:2) (a) (cid:3) they must relate to crude oil and to all petroleum products (cid:2) listed in

Article 2; (cid:3)

(cid:2) (b) (cid:3) they  must  lay  down  conditions  and  arrangements  for  the  maintenance
of  stocks  with  the  aim  of  safeguarding  control  and  availability  of  these
stocks (cid:2) ; (cid:3)

(cid:2) (c) (cid:3) they  must  specify  the  procedures  for  checking  and  identifying  the
stocks provided for, inter alia, the methods for carrying out and cooperating on
inspections (cid:2) ; (cid:3)

(cid:2) (d) (cid:3) they  must  as  a  general  rule  be  concluded  for  an  unlimited

period (cid:2) ; (cid:3)

11

 
(cid:2) (e) (cid:3) they must state that, where provision is made for unilateral termination,
the latter shall not operate in the event of a supply crisis and that, in any event,
the Commission shall receive prior information of any termination.

(cid:2) 3. (cid:3) When  stocks  established  under  agreements  (cid:2) between  Governments (cid:3)  are
not  owned  by  the  undertaking,  or  body/entity,  which  has  (cid:2) responsibility  for
holding (cid:3) stocks, but are held at the disposal of this undertaking, or body/entity, by
another undertaking, or body/entity, the following conditions shall be met:

(cid:2) (a) (cid:3) the  beneficiary  undertaking,  or  body/entity,  must  have  the  contractual
right  to  acquire  these  stocks  throughout  the  period  of  the  contract;  the
methodology  for  establishing  the  price  of  such  acquisition  must  be  agreed
between the parties concerned (cid:2) ; (cid:3)

(cid:2) (b) (cid:3) the minimum period of such a contract must be 90 days (cid:2) ; (cid:3)

(cid:2) (c) (cid:3) storage location and/or companies holding the stocks at the disposal of
the beneficiary undertaking, or body/entity, as well as quantity and category of
product, or crude oil, stored in that location must be specified (cid:2) ; (cid:3)

(cid:2) (d) (cid:3) the actual availability of the stocks for the beneficiary undertaking, or
body/entity,  must  be  guaranteed,  at  all  times  throughout  the  period  of  the
contract, by the undertaking or body/entity holding the stocks at the disposal of
the beneficiary undertaking, or body/entity (cid:2) ; (cid:3)

(cid:2) (e) (cid:3) the undertaking, or body/entity, holding the stocks at the disposal of the
beneficiary  undertaking,  or  body/entity,  must  be  one  which  is  subject  to  the
jurisdiction  of  the  Member  State  on  whose  territory  the  stocks  are  situated
insofar  as  (cid:2) the (cid:3)  control  and  (cid:2) verification  of (cid:3)  the  existence  of  the
stocks are concerned.

(cid:1) 98/93/EC Art. 1, pt. 8

Article 8

Member States shall adopt all the necessary provisions and take all the necessary measures to
ensure  control  and  supervision  of  stocks.  They  shall  put  in  place  mechanisms  to  verify  the
stocks according to the provisions of this Directive.

(cid:1) 98/93/EC Art. 1, pt. 9 (adapted)

Article 9

Member  States  shall  determine  the  (cid:2) rules  on (cid:3)  penalties  applicable  to  breaches  of  the
take  (cid:2) all (cid:3)
national  provisions  adopted  pursuant 
measure (cid:2) s (cid:3)  necessary  to  ensure  (cid:2) that  these  are  implemented (cid:3)  .  The  penalties
(cid:2) provided for (cid:3) shall be effective, proportionate  and dissuasive. (cid:2) The  Member States
shall notify those rules to the Commission. (cid:3)

this  Directive  and  shall 

to 

12

 
(cid:1) 68/414/EEC Art. 7 (adapted)

Article 10

(cid:2) 1. (cid:3) If  difficulties  arise  with  regard  to  Community  oil  supplies,  the  Commission
shall,  at  the  request  of  any  Member  State  or  on  its  own  initiative,  arrange  a
consultation between the Member States.

(cid:2) 2. (cid:3) Save  in  cases  of  particular  urgency  or  in  order  to  meet  minor  local  needs,
Member  States  shall  refrain,  prior  to  the  consultation  provided  for  (cid:2) in
paragraph 1 (cid:3)  ,  from  drawing  on  their  stocks  to  any  extent  which  would  reduce
those stocks to below the compulsory minimum level.

(cid:2) 3. (cid:3) Member  States  shall  inform  the  Commission  of  any  withdrawals  from  their

reserve stocks and shall communicate as soon as possible:

(cid:2) (a) (cid:3) the date upon which stocks fell below the compulsory minimum;

(cid:2) (b) (cid:3) the reasons for such withdrawals;

(cid:2) (c) (cid:3) the measures, if any, taken to replenish stocks;

(cid:2) (d) (cid:3) an  appraisal,  if  possible,  of  the  probable  development  of  the  situation

with regard to the stocks while they remain below the compulsory minimum.

(cid:1) 

Article 11

Directive  68/414/EEC,  as  amended  by  the  Directive  listed  in  Annex  I,  Part  A,  is  repealed,
without  prejudice  to  the  obligations  of  the  Member  States  relating  to  the  time-limits  for
transposition into national law of the Directives set out in Annex I, Part B.

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and
shall be read in accordance with the correlation table in Annex II.

This Directive shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.

Article 12

13

 
(cid:1) 68/414/EEC Art. 9

Article 13

This Directive is addressed to the Member States.

Done at Brussels, […]

For the Council
The President
[…]

14

 
(cid:5)

ANNEX I

Part A

Repealed Directive with its amending act
(referred to in Article 11)

Council Directive 68/414/EEC

(OJ L 308, 23.12.1968, p. 14)

Council Directive 98/93/EC

(OJ L 358, 31.12.1998, p. 100)

Part B

List of time-limits for transposition into national law
(referred to in Article 11)

Directives

Time-limit for transposition

68/414/EEC

98/93/EC

1 January 1971

1 January 2000

_____________

15

 
ANNEX II

CORRELATION TABLE

Directive 68/414/EEC

This Directive

Article 1

Article  2, 
wording

Article 1

first  paragraph, 

introductory

Article  2,  first  subparagraph,  introductory
wording

Article 2, first paragraph, first indent

Article 2, first subparagraph, point (a)

Article 2, first paragraph, second indent

Article 2, first subparagraph, point (b)

Article 2, first paragraph, third indent

Article 2, first subparagraph, point (c)

Article 2, second paragraph

Article 2, second subparagraph

Article 3

Article 4, first paragraph

Article 4, second paragraph

Article 4, third paragraph

Article 5, first paragraph

Article 3

Article 4(1)

Article 4(2)

Article 4(3)

Article 5(1)

Article  5,  second  paragraph,  introductory
wording

Article 5(2), introductory wording

Article 5, second paragraph, first indent

Article 5(2)(a)

Article 5, second paragraph, second indent

Article 5(2)(b)

Article 5, second paragraph, third indent

Article 5(2)(c)

Article 5, third paragraph

Article 6(1)

Article 5(3)

Article 6(1)

Article 6(2), first subparagraph

Article 7(1), first subparagraph

Article 6(2), second subparagraph

Article 7(1), second subparagraph

Article 6(2), third subparagraph

Article 7(1), third subparagraph

Article 6(2), fourth subparagraph

Article 7(2), first subparagraph

Article  6(2),  fifth  subparagraph,  introductory
wording

Article 
introductory wording

7(2), 

second 

subparagraph,

16

 
Article 6(2), fifth subparagraph, first indent

Article 7(2), second subparagraph, point (a)

Article  6(2), 
indent

fifth  subparagraph,  second

Article 7(2), second subparagraph, point (b)

Article 6(2), fifth subparagraph, third indent

Article 7(2), second subparagraph, point (c)

Article 6(2), fifth subparagraph, fourth indent Article 7(2), second subparagraph, point (d)

Article 6(2), fifth subparagraph, fifth indent

Article 7(2), second subparagraph, point (e)

Article 6(2), sixth subparagraph, introductory
wording

Article 7(3), introductory wording

Article 6(2), sixth subparagraph, first indent

Article 7(3)(a)

Article  6(2),  sixth  subparagraph,  second
indent

Article 7(3)(b)

Article 6(2), sixth subparagraph, third indent Article 7(3)(c)

Article  6(2),  sixth  subparagraph, 
indent

fourth

Article 7(3)(d)

Article 6(2), sixth subparagraph, fifth indent

Article 7(3)(e)

Article  6(3),  first  subparagraph,  introductory
wording

Article 6(2), introductory wording

Article 6(3), first subparagraph, first indent

Article 6(2)(a)

Article  6(3), 
indent

first  subparagraph,  second

Article 6(2)(b)

Article 6(3), first subparagraph, third indent

Article 6(2)(c)

Article 6(3), first subparagraph, fourth indent Article 6(2)(d)

Article 6(3), first subparagraph, fifth indent

Article 6(2)(e)

Article 6(3), first subparagraph, sixth indent

Article 6(2)(f)

Article  6(3),  first  subparagraph,  seventh
indent

Article 6(2)(g)

Article  6(3),  second  subparagraph, 
sentence

first

Article 6(3), first subparagraph

Article  6(3),  second  subparagraph,  second
sentence

Article 6(3), second subparagraph

Article 6a

Article 8

17

 
Article 6b

Article 7, first paragraph

Article 7, second paragraph

Article 9

Article 10(1)

Article 10(2)

Article  7, 
wording

third  paragraph, 

introductory

Article 10(3), introductory wording

Article 7, third paragraph, first indent

Article 10(3)(a)

Article 7, third paragraph, second indent

Article 10(3)(b)

Article 7, third paragraph, third indent

Article 10(3)(c)

Article 8

_____

_____

Article 9

_____

_____

_____

Article 11

Article 12

Article 13

Annex I

Annex II

___________

18