Council Directive 2006/101/EC of 20 November 2006 adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of freedom to provide services, by reason of the accession of Bulgaria and Romania
Date: 2006-11-20
Institutions: Council of the European Union
Subjects: Bulgaria, Council of the European Union, EC Directive, Romania, accession to the European Union, approximation of laws, distributive trades, freedom to provide services, insurance company, insurance law, plant health product, right of establishment, toxic substance, trade intermediary

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COUNCIL DIRECTIVE 2006/101/EC

of 20 November 2006

adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of freedom to provide
services, by reason of the accession of Bulgaria and Romania

THE COUNCIL OF THE EUROPEAN UNION,

Article 2

Having regard to the Treaty establishing the European Com-
munity,

Having regard to the Treaty of Accession of Bulgaria and
Romania (1), and in particular Article 4(3) thereof,

Having regard to the Act of Accession of Bulgaria and
Romania, and in particular Article 56 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

Pursuant to Article 56 of the Act of Accession, where
acts of the institutions remain valid beyond 1 January
2007, and require adaptation by reason of accession,
and the necessary adaptations have not been provided
for in the Act of Accession or its Annexes, the necessary
acts are to be adopted by the Council, unless the
Commission adopted the original act.

The Final Act of the Conference which drew up the
Treaty of Accession indicated that the High Contracting
Parties had reached political agreement on a set of adap-
tations to acts adopted by the institutions required by
reason of accession and invited the Council and the
Commission to adopt these adaptations before accession,
completed and updated where necessary to take account
of the evolution of the law of the Union.

73/239/EEC (2),

and
Directives
2002/83/EC (4) should therefore be amended accord-
ingly,

74/557/EEC (3)

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by the date of accession of Bulgaria and Romania to
the European Union at the latest. They shall forthwith commu-
nicate to the Commission the text of those provisions and a
correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

This Directive shall enter into force subject to and on the date
of the entry into force of the Treaty of Accession of Bulgaria
and Romania.

Article 4

This Directive is addressed to the Member States.

HAS ADOPTED THIS DIRECTIVE:

Done at Brussels, 20 November 2006

Article 1

Directives 73/239/EEC, 74/557/EEC and 2002/83/EC shall be
amended as set out in the Annex.

For the Council

The President

J. KORKEAOJA

(1) OJ L 157, 21.6.2005, p. 11.
(2) OJ L 228, 16.8.1973, p. 3.
(3) OJ L 307, 18.11.1974, p. 5.
(4) OJ L 345, 19.12.2002, p. 1.

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239

ANNEX

FREEDOM TO PROVIDE SERVICES

31973 L 0239:

1.
First Council Directive 73/239/EEC of
24 July 1973 on the coordination of laws, regulations and administra-
tive provisions relating to the taking-up and pursuit of the business of
direct insurance other than life assurance (OJ L 228, 16.8.1973, p. 3),
as amended by:

— 31976 L 0580: Council Directive 76/580/EEC of 29.6.1976

(OJ L 189, 13.7.1976, p. 13),

— 11979 H: Act concerning the conditions of accession and the
adjustments to the Treaties — Accession of the Hellenic Republic
(OJ L 291, 19.11.1979, p. 17),

— 31984 L 0641: Council Directive 84/641/EEC of 10.12.1984

(OJ L 339, 27.12.1984, p. 21),

— 11985 I: Act concerning the conditions of accession and the adjust-
ments to the Treaties — Accession of the Kingdom of Spain and
the Portuguese Republic (OJ L 302, 15.11.1985, p. 23),

— 31987 L 0343: Council Directive 87/343/EEC of 22.6.1987

(OJ L 185, 4.7.1987, p. 72),

— 31987 L 0344: Council Directive 87/344/EEC of 22.6.1987

(OJ L 185, 4.7.1987, p. 77),

— 31988 L 0357: Second Council Directive 88/357/EEC of 22.6.1988

(OJ L 172, 4.7.1988, p. 1),

— 31990 L 0618: Council Directive 90/618/EEC of 8.11.1990

(OJ L 330, 29.11.1990, p. 44),

— 31992 L 0049: Council Directive 92/49/EEC of 18.6.1992

(OJ L 228, 11.8.1992, p. 1),

— 11994 N: Act concerning the conditions of accession and the
adjustments to the Treaties — Accession of the Republic of Austria,
the Republic of Finland and the Kingdom of Sweden (OJ C 241,
29.8.1994, p. 21),

— 31995

European
Directive 95/26/EC of 29.6.1995 (OJ L 168, 18.7.1995, p. 7),

Parliament

0026:

and

L

Council

— 32000 L 0026: Directive 2000/26/EC of the European Parliament
and of the Council of 16.5.2000 (OJ L 181, 20.7.2000, p. 65),

The following is added to Article 8(1)(a):

‘— in the case of Bulgaria: “акционерно дружество”;

— in the case of Romania: “societăţi pe acţiuni”, “societăţi mutuale”.’

2.
31974 L 0557: Council Directive 74/557/EEC of 4 June 1974 on
the attainment of freedom of establishment and freedom to provide
services in respect of activities of self-employed persons and of interme-
diaries engaging in the trade and distribution of
toxic products
(OJ L 307, 18.11.1974, p. 5), as amended by:

— 11994 N: Act concerning the conditions of accession and the
adjustments to the Treaties — Accession of the Republic of Austria,
the Republic of Finland and the Kingdom of Sweden (OJ C 241,
29.8.1994, p. 21),

— 12003 T: Act concerning the conditions of accession and the
adjustments to the Treaties — Accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 23.9.2003, p. 33).

The following is added to the Annex:

‘— Bulgaria:

1. Substances and preparations covered by the Law on Protection
against Harmful Impact of Chemical Substances and Preparations
(SG 10/2000), as amended, and the secondary legislation
adopted under this Law, as amended, setting up procedures for
substances and chemical
assessing the danger of chemical
preparations, the method for their classification and labelling,
and the issue of the Safety Data Sheet for Chemical Substances
and Preparations classified as dangerous.

2. Toxic chemical substances and their precursors as covered by
the Law on Prohibition of Chemical Weapons and Control over
Toxic Chemical Substances and their Precursors (SG 8/2000), аs
amended.

3. Plant protection products approved in accordance with the Law
on Plant Protection (SG 91/1997), as amended, and the
secondary legislation adopted under this Law, as amended.

— 32002 L 0013: Directive 2002/13/EC of the European Parliament

and of the Council of 5.3.2002 (OJ L 77, 20.3.2002, p. 17),

— Romania:

— 32002 L 0087: Directive 2002/87/EC of the European Parliament

and of the Council of 16.12.2002 (OJ L 35, 11.2.2003, p. 1),

— 12003 T: Act concerning the conditions of accession and the
adjustments to the Treaties — Accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 23.9.2003, p. 33),

— 32005 L 0001: Directive 2005/1/EC of the European Parliament

and of the Council of 9.3.2005 (OJ L 79, 24.3.2005, p. 9),

— 32005 L 0068: Directive 2005/68/EC of the European Parliament
and of the Council of 16.11.2005 (OJ L 323, 9.12.2005, p. 1).

1. Plant protection products,

including biological pesticides, of
which the trade and distribution is regulated by Government
Ordinance No. 4/1995 on the manufacture, trade and use of
plant protection products to control diseases, pests and weeds in
agriculture and forestry, as amended.

2. Dangerous substances and preparations covered by Government
Emergency Ordinance No. 200/2000 on the classification, label-
ling and packaging of dangerous substances and preparations,
approved by Law No. 451/2001, as well as by Government
Decision No. 490/2002 for the approval of Methodological
Norms
the application of Government Ordinance No.
200/2000, and by Government Decision No. 92/2003 for the
approval of
the methodological norms on the classification,
labelling and packaging of dangerous substances and prepara-
tions.’.

for

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3.
32002 L 0083: Directive 2002/83/EC of the European Parliament
and of the Council of 5 November 2002 concerning life assurance
(OJ L 345, 19.12.2002, p. 1), as amended by:

— 32004 L 0066: Council Directive 2004/66/EC of 26.4.2004 (OJ L

168, 1.5.2004, p. 35),

— 32005 L 0001: Directive 2005/1/EC of the European Parliament

and of the Council of 9.3.2005 (OJ L 79, 24.3.2005, p. 9),

— 32005 L 0068: Directive 2005/68/EC of the European Parliament
and of the Council of 16.11.2005 (OJ L 323, 9.12.2005, p. 1);

(a)

In Article 6 (1)(a), the following is inserted between the entries
for Belgium and the Czech Republic:

and, between the entries for Portugal and Slovenia:

‘— in the case of Romania: “societăţi pe acţiuni”, “societăţi

mutuale”,’;

(b) in Article 18(3), the fourth indent is replaced by the following:

‘— 1 May 2004 for undertakings authorised in the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia,’;

(c)

in Article 18(3),
indent:

the following is inserted after the fourth

‘— in the case of Bulgaria: “акционерно дружество”, “взаимо-

‘— 1 January 2007 for undertakings authorised in Bulgaria and

застрахователна кооперация,”;’

Romania, and’.