document_id
stringlengths
10
10
publication_year
stringclasses
30 values
text
stringlengths
1.04k
256k
relevant_documents
sequence
31987L0137
1987
Ninth Commission Directive 87/137/EEC of 2 February 1987 adapting to technical progress Annexes II, III, IV, V and VI to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), as last amended by Directive 86/199/EEC (2), and in particular Article 8 (2) thereof, Whereas, on the basis of the available information, certain provisionally permitted colouring agents, substances or preservatives may be definitively permitted, while others must be definitively prohibited or be permitted for a further specified period; Whereas in order to protect public health, the use of Minoxidil and its salts and derivatives should be prohibited in cosmetic products; Whereas, pending the adoption of Community provisions concerning taxation, a final date after which methanol may no longer be used as a denaturant for ethanol and isopropyl alcohol should not now be fixed; Whereas the measures laid down in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Removal of Technical Barriers to Trade in the Cosmetics Sector, Article 1 Directive 76/768/EEC is hereby amended as follows: 1. The following are added to Annex II: '370. N-(Trichloromethylthio)-4-cyclohexene-1,2-dicarboximide (captan) 371. 2,2'-Dihydroxy-3,3',5,5',6,6'-hexachlorodiphenylmethane (hexachlorophene) 372. 6-(Piperidinyl)-2,4-pyrimidinediamine-3-oxide (Minoxidil) and its salts and derivatives'. 2. Annex III, part 1, is amended as follows: 1.2.3.4.5.6 // // // // // // // 'a // b // c // d // e // f // // // // // // // 11 // Dichlorophen * // // 0,5 % // // Contains dichlorophen // // // // // // // 52 // Methanol // Denaturant for ethanol and isopropyl alcohol // 5 % calculated as a % of ethanol and isopropyl alcohol' // // // // // // // // 3. Colour Index Nos 77288 and 77289 are inserted in Annex III, part 2, with: - colour: green, - field of application: 1, - other limitations and requirements: free from chromate ion. 4. In Annex IV, part 1: - substance No 1, methanol, is deleted, - the words in column e are deleted and the date in column g replaced by 31. 12. 1987 for substance No 4, 2,2'-dithiobis, - the date in column g is replaced by 31. 12. 1987 for substance No 5, 1-phenoxypropan-2-ol. 5. In Annex IV, part 2, Colour Index Nos 77288 and 77289 are deleted; 6. In Annex V, No 2, hexachlorophene, is deleted; 7. In Annex VI, part 1: - substance No 6, hexachlorophene, is deleted, - the following is added: 1.2.3.4.5 // // // // // // 'a // b // c // d // e // // // // // // 40 // 2-Benzyl-4-chlorophenol (chlorophene) // 0,2 %' // // // // // // // 8. In Annex VI, part 2: - substances Nos 9, 12 and 13 are deleted, - the date in column f is replaced by 31. 12. 1987 for substance No 14, 1-phenoxypropan-2-ol, - the date in column f is replaced by 31. 12. 1988 for substance No 15, benzethonium chloride (INN) (+), - the date in column f is replaced by 31. 12. 1987 for substance No 16, benzalkonium chloride (INN), bromide and saccharinate (+). Article 2 1. Without prejudice to the authorization dates referred to in Article 1 (4) and (8), Member States shall take the necessary measures to ensure that from 1 January 1989 neither manufacturers nor importers established in the Community place on the market products which do not satisfy the requirements of this Directive. 2. Member States shall take the necessary measures to ensure that the products referred to in paragraph 1 can no longer be sold or disposed of to the final consumer after 31 December 1990. Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive not later than 31 December 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 4 This Directive is addressed to the Member States.
[ "UKSI19880802" ]
31987L0140
1987
Commission Directive 87/140/EEC of 6 February 1987 amending Annex II to Council Directive 71/307/EEC on the approximation of the laws of the Member States relating to textile names Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 71/307/EEC, of 26 July 1971, on the approximation of the laws of the Member States relating to textile names (1), as last amended by Directive 83/623/EEC (2), and in particular Article 15a (1) thereof, Whereas Annex II to Directive 71/307/EEC, which sets out the agreed allowances to be applied to the anhydrous mass of each fibre during the determination by analysis of the fibre content of textile products, gives, in items 1-2 and 3, two different agreed allowances for calculating the composition of carded or combed fibres containing wool and/or animal hair; whereas laboratories cannot always tell whether a product is carded or combed, and consequently inconsistent results can be obtained by applying this provision during checks on the conformity of textile products carried out in the Community; whereas laboratories should therefore be authorized to apply a single agreed allowance in doubtful cases; Whereas in item 28 in the aforementioned Annex there is no need to distinguish between the different types of polyamide or nylon, the agreed allowances for which should therefore be brought into line; Whereas in item 38 (glass fibre) the word 'filament' should be deleted since this fibre can also exist in a discontinous form; Whereas the provisions in this Directive are in accordance with the opinion of the Committee for Directives relating to Textile Names and Labelling, Article 1 Items 1-2, 3, 28 and 38 in Annex II to Directive 71/307/EEC are hereby amended in accordance with the Annex to this Directive. Article 2 1. Member States shall bring into force the provisions necessary to comply with this Directive not later than 1 September 1988 and shall forthwith inform the Commission thereof. 2. As soon as this Directive has been notified, Member States shall also inform the Commission, in sufficient time for it to submit its comments, of any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive. Article 3 This Directive is addressed to the Member States.
[ "UKSI19881350" ]
31987L0143
1987
Commission Directive 87/143/EEC of 10 February 1987 amending the first Directive 80/1335/EEC on the approximation of the laws of the Member States relating to methods of analysis necessary for checking the composition of cosmetic products Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), as last amended by Commission Directive 87/137/EEC (2), and in particular Article 8 (1) thereof, Whereas in the light of scientific and technical data it has been found necessary to adapt the method of analysis for the determination of zinc; whereas Commission Directive 80/1335/EEC (3) should therefore be amended; Whereas the measures laid down in this Directive are in conformity with the opinion of the Committee on the Adaptation to Technical Progress with the opinion of the Committee on the Adaptation to Technical Progress of Directives for the Removal of Technical Barriers to Trade in Cosmetics, Article 1 Chapter VI in the Annex to Directive 80/1335/EEC is hereby amended as follows: 1. The following is added to point 5: '5.13. Filter paper, Whatman No 4 or equivalent'. 2. The following is added to point 6.1: '6.1.1. Filter, with the aid of a vacuum pump if necessary, and retain the filtrate. 6.1.2. Repeat the extraction step with a further 50 ml of distilled water. Filter and combine the filtrates.' 3. At point 6.2, the reference to the solution should read 6.1.2 instead of 6.1. Article 2 Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 1 July 1988. They shall forthwith inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19880802" ]
31987L0298
1987
Council Directive 87/298/EEC of 2 March 1987 amending Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products Having regard to the Treaty establishing the European Economic Community, Having regard to Directive 77/93/EEC (1), as last amended by Directive 86/651/EEC (2), and in particular Article 13 thereof, Having regard to the proposal from the Commission (3), Having regard to the opinion of the European Parliament (4), Having regard to the opinion of the Economic and Social Committee (5), Whereas it is appropriate to adopt, for the purposes of Directive 77/93/EEC, the model certificates approved under the International Plant Protection Convention of 6 December 1951, as amended on 21 November 1979, in a standardized lay-out which has been drawn up in close cooperation with international organizations, Article 1 Annex VIII to Directive 77/93/EEC shall be replaced by the following: 'ANNEX VIII MODEL CERTIFICATES The following model certificates are determined with regard to. - the text, - the format, - the layout and the dimensions of the boxes, - the colour of the paper and the colour of the printing. A. Model Phytosanitary Certificate EWG:L111UMBE00.94 FF: 1UEN; SETUP: 01; Hoehe: 520 mm; 63 Zeilen; 1674 Zeichen; Bediener: WILU Pr.: C; Kunde: Printed by Wilhelm Koehler, Minden (Germany) 1 Name and address of exporter 2 PHYTOSANITARY CERTIFICATE No EEC // 3 Declared name and address of consignee 4 Plant Protection Organization of to plant Protection Organization(s) of 5 Place of origin 6 Declared means of conveyance 7 Declared point of entry 8 Distinguishing marks; number and description of packages; name of produce; 9 Quantity declared botanical name of plants 10 This is to certify that the plants or plant products described above - have been inspected according to appropriate procedures, and - are considered to be free from quarantine pests, and practically free from other injurious pests, and - are considered to conform with the current phytosanitary regulations of the importing country. 11 Additional declaration DISINFESTATION AND/OR DISINFECTION TREATMENT 12 Treatment 13 Chemical (active ingredient) 14 Duration and temperature 15 Concentration 16 Date 17 Additional information Place of issue Date Name and signature of Stamp of Organization authorized officer 11. 6. 87 Official Journal of the European Communities B. Model Reforwarding Phytosanitary Certificate EWG:L111UMBE02.95 FF: 1UEN; SETUP: 01; Hoehe: 254 mm; 4 Zeilen; 142 Zeichen; Bediener: HEID Pr.: C; Kunde: L 111 Printed by Wilhelm Koehler, Minden (Germany) 1 Name and address of exporter 2 REFORWARDING PHYTOSANITARY CERTIFICATE No EEC // 3 Declared name and address of consignee 4 Plant Protection Organization of to plant Protection Organization(s) of 5 Place of origin 6 Declared means of conveyance 7 Declared point of entry 8 Distinguishing marks; number and description of packages; name of produce; 9 Quantity declared botanical name of plants 10 This is to certify - that the plants or plant products described above were imported into(country of re-export) from(country of origin) covered by Phytosanitary Certificate No (*)qoriginalqcertified true copy of which is attached to this Certificate, - that they are (*)qpackedqrepacked inqoriginalq new containers, - that based on the (*)qoriginal Phytosanitary Certificate andqadditional inspection, they are considered to conform with the current phytosanitary regulations of the importing country, and - that during storage in(country of re-export) the consignment has not been subjected to the risk of infestation or infection. (*) Insert tick in appropriate boxes. 11 Additional declaration DISINFESTATION AND/OR DISINFECTION TREATMENT 12 Treatment 13 Chemical (active ingredient) 14 Duration and temperature 15 Concentration 16 Date 17 Additional information Place of issue Date Name and signature of Stamp of Organization authorized officer 11. 6. 87 Official Journal of the European Communities C. Explanatory notes 1. Re box 2: The reference number on the certificates shall be composed of: - 'EEC', - Member State initial(s), - Identification mark for the individual certificate, consisting of numbers or a combination of letters and numbers, the letters representing the province, district, etc. of the Member State concerned, where the certificate is issued. 2. Re unnumbered box: This box is reserved for official use only. 3. Re box 8: 'Description of packages' means indication of the type of packages. 4. Re box 9: The quantity shall be expressed either by number or weight. 5. Re box 11: If there is insufficient space for the whole of the additional declaration, the text shall be continued on the back of the form.' EWG:L111UMBE04.94 FF: 1UEN; SETUP: 01; Hoehe: 254 mm; 23 Zeilen; 818 Zeichen; Bediener: WILU Pr.: C; Kunde: L 111 Article 2 1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 1 July 1987. 2. Member States shall immediately inform the Commission of all laws, regulations and administrative provisions adopted in implementation of this Directive. The Commission shall inform the other Member States thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19871758" ]
31987L0181
1987
Council Directive 87/181/EEC of 9 March 1987 amending the Annex to Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (1), as last amended by Directive 86/355/EEC (2), and in particular Article 6 (3) thereof, Having regard to the proposal from the Commission, Whereas that Directive provides for the contents of the Annex to be regularly amended to take account of the developments of scientific and technical knowledge; Whereas it has been established that the use of nitrofen as a plant protection product, in particular as a herbicide, is likely to give rise to harmful effects on human and animal health; Whereas it has also been established that the uses of 1,2-dibromoethane and 1,2-dichlorroethane as plant protection products, in particular to fumigate plants and soil, are likely to give rise to harmful effects on human and animal health as well as unreasonable adverse influence on the environment, Article 1 In the Annex to Directive 79/117/EEC the words 'C. Ethylene oxide' are replaced by: 'C. Other compounds 1. Ethylene oxide' and the following entries added: '2. Nitrofen 3. 1,2-Dibromoethane 4. 1,2-Dichloroethane'. Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than: - 1 January 1988 in respect of nitrofen and 1,2-dibromoethane, - 1 June 1989 in respect of 1,2-dichloroethane. They shall immediately inform the Commission thereof. Article 3 This Directive is addressed to all Member States.
[ "UKSI19861510" ]
31987L0217
1987
Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas successive action programmes of the European Communities (4) on the environment emphasize the importance of preventing and reducing environmental pollution; whereas in this context asbestos has been listed among the first-category pollutants to be investigated on the grounds of their toxicity and of their potentially serious effects on human health and the environment; Whereas Council Directive 83/478/EEC (5) inserted in Directive 76/769/EEC (6), as last amended by Directive 85/467/EEC (7), provisions restricting the marketing and use of crocidolite (blue asbestos) and products containing crocidolite fibres and special provisions concerning the labelling of products containing asbestos; Whereas Council Directive 83/477/EEC (8) lays down provisions on the protection of workers from the risks related to exposure to asbestos at work; Whereas Directive 84/360/EEC (9), lays down provisions on the combating of air pollution from industrial plants; Whereas Member States should take the measures necessary to ensure that asbestos emissions into the air, asbestos discharges into the aquatic environment, and solid asbestos waste are, as far as possible, reduced at source or prevented; Whereas it is appropriate to allow a sufficient period of time for the application of these measures to existing plants; Whereas Member States should have the possibility, whilst respecting the provisions of the Treaty, to introduce more stringent provisions in order to protect health and the environment; Whereas disparities between the provisions in force or being amended 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; whereas it is therefore necessary to approximate legislation in this field pursuant to Article 100 of the Treaty; Whereas reducing pollution by asbestos serves to further one of the Community's objectives regarding the protection and improvement of the environment; whereas, however, specific powers for this purpose are not expressly provided for in the Treaty and Article 235 must therefore also be invoked, Article 1 1. The objective of this Directive is to lay down measures and to supplement provisions already in force, with a view to preventing and reducing pollution by asbestos in the interests of the protection of human health and the environment. 2. This Directive shall be applied without prejudice to the provisions laid down by Directive 83/477/EEC. Article 2 For the purpose of this Directive: 1. Asbestos means the following fibrous silicates: - crocidolite (blue asbestos), - actinolite, - anthophyllite, - chrysotile (white asbestos), - amosite (brown asbestos), - tremolite. 2. Raw asbestos means: the product resulting from the primary crushing of asbestos ore. 3. Use of asbestos means: activities which involve the handling of a quantity of more than 100 kilograms of raw asbestos per year and which concern: (a) the production of raw asbestos ore excluding any process directly associated with the mining of the ore, and/or (b) the manufacturing and industrial finishing of the following products using raw asbestos: asbestos cement or asbestos-cement products, asbestos friction products, asbestos filters, asbestos textiles, asbestos paper and card, asbestos jointing, packaging and reinforcement materials, asbestos floor coverings, asbestos fillers. 4. Working of products containing asbestos means: activities other than the use of asbestos, which are liable to release asbestos into the environment. 5. Waste means: any substance or object as defined in Article 1 of Directive 75/442/EEC (1). Article 3 1. Member States shall take the measures necessary to ensure that asbestos emissions into the air, asbestos discharges into the aquatic environment, and solid asbestos waste are, as far as reasonably practicable, reduced at source and prevented. In the case of the use of asbestos, these measures should entail using the best available technology not entailing excessive cost, including where appropriate recycling or treatment. 2. In the case of existing plants, the requirement in paragraph 1 that best available technology not entailing excessive costs be used to reduce and eliminate emissions of asbestos into the air shall be applied taking into account the elements set out in Article 13 of Directive 84/360/EEC. Article 4 1. Without prejudice to Article 3, Member States shall take the measures necessary to ensure that the concentration of asbestos emitted through the discharge ducts into the air during use of asbestos does not exceed a limit value of 0,1 mg/m3 (milligrams of abestos per m3 of air discharged). 2. Member States may exempt from the obligation referred to in paragraph 1 the plants emitting less than 5 000 m3/hour total gaseous discharges, where the discharge of asbestos into the air is not more than 0,5 grams per hour at any time under normal operating conditions. When this exemption applies, the competent authorities of Member States shall take appropriate measures in order to ensure that the thresholds referred to in the first subparagraph are not exceeded. Article 5 Member States shall take the measures necessary to ensure that: (a) all aqueous effluent arising in the manufacture of asbestos cement is recycled. Where such recycling is not ecoomically feasible, Member States shall take the measures necessary to ensure that the disposal of liquid waste containing asbestos does not result in pollution of the aquatic environment and other sectors including the air. To this end: - the limit value of 30 grams of total suspended matter per m3 of aqueous effluent discharged shall apply, - the competent authorities of Member States shall, for each plant concerned, specify the volume of discharges into water of the total quantity of suspended matter dischargd per tonne of product taking account of the specific situation of the plant. These limits shall apply at the point where the waste waters leave the industrial plant. (b) All aqueous effluent arising in the manufacture of asbestos paper or board is recycled. However, the discharge of aqueous effluent containing not more than 30 grams of suspended matter per m3 of water may be authorized during routine cleaning or maintenance of the plant. Article 6 1. Member States shall take the measures necessary to ensure that measurements are taken at regular intervals of emissions into the air and of discharges of aqueous effluent from facilities to which the limit values provided for in Articles 4 and 5 apply. 2. For the purposes of checking compliance with the said limit values 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. 3. Member States shall notify to the Commission the procedures and methods they are using together with the information relevant to assess the pertinence of such procedures and methods. On the basis of this information, the Commission will keep under review the equivalence of the different procedures and methods and report to the Council five years after notification of the Directive. Article 7 Member States shall take the measures necessary to ensure that: - activities involving the working of products containing asbestos do not cause significant environmental pollution by asbestos fibres or dust, - the demolition of buildings, structures and installations containing asbestos and the removal therefrom of asbestos or materials containing asbestos involving the release of asbestos fibres or dust do not cause significant asbestos environmental pollution; to that end they shall satisfy themselves that the plan of work provided for in Article 12 of Directive 83/477/EEC prescribes the introduction of all the necessary preventive measures to this end. Article 8 Without prejudice to Directive 78/319/EEC (1), as last amended by the 1985 Act of Accession, Member States shall take the measures necessary to ensure that: - in the course of the transport and deposition of waste containing asbestos fibres or dust, no such fibres or dust are released into the air and no liquids which may contain asbestos fibres are spilled, - where waste containing asbestos fibres or dust is landfilled at sites licensed for the purpose, such waste is so treated, packaged or covered, with account being taken of local conditions, that the release of asbestos particles into the environment is prevented. Article 9 A Member State may, in order to protect health and the environment, introduce provisions which are more stringent than those of this Directive, in compliance with the conditions laid down by the Treaty. Article 10 The procedure provided for in Articles 11 and 12 is established for the adaptation of the Annex to technical progress and shall be followed for any modification of the methods of sampling and analysis mentioned in the Annex. This adaptation must not result in any direct or indirect modification of the limit values indicated in Articles 4 and 5. Article 11 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 12 1. Where the procedure laid down in this Article is to be followed, the Chairman shall refer the matter to the Committee, either on his own initiative or at the request of the representative of a Member State. 2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by a majority of 54 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The Chairman shall not vote. 3. (a) The Commission shall adopt the intended measures when they are in accordance with the Committee's opinion. (b) Where the intended measures are not in accordance with the opinion of the Committee, or in the absence of any opinion, the Commission shall forthwith submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of three months from the date on which the matter was referred to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately. Article 13 1. The Commission shall periodically make a comparative assessment of the application of this Directive by Member States. Member States shall supply the Commission with all information relevant to this end. The confidential nature of any information supplied should be respected. 2. Where necessary, in the light of the evolution of knowledge in the medical field and that of technological progress, the Commission shall submit further proposals aimed at preventing and reducing pollution by asbestos in the interests of the protection of human health and the environment. Article 14 1. Subject to paragraph 2, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1988. They shall forthwith inform the Commission thereof. 2. Member States shall adopt and publish the provisions necessary to comply with Articles 4 and 5 as soon as possible and in any case not later than 30 June 1991 for plants built or authorized before the date given in paragraph 1. 3. 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 15 This Directive is addressd to the Member States.
[ "UKSI19920743", "UKSI19923068", "UKSI19901629", "UKSI19920744", "UKPGA19900043", "UKSI19920588", "UKSI19890319", "UKSI19910836", "UKSI19891156", "UKSI19900556", "UKSI19920742" ]
31987L0219
1987
Council Directive 87/219/EEC of 30 March 1987 amending Directive 75/716/EEC on the approximation of the laws of the Member States relating to the sulphur content of certain liquid fuels Having regard to the Treaty establishing the European Economic Community and in particular Articles 100 and 235 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Directive 75/716/EEC (4) obliges Member States to take all necessary steps to ensure that gas oils can be marketed in the Community only if their sulphur content does not exceed certain limits; Whereas the said Directive provides that the Commission may, as appropriate, draw up suitable proposals, in particular to amend the sulphur content limits of gas oils, as a function, inter alia, of the levels of air pollution due to sulphur dioxide; Whereas successive action programmes of the European Communities on the environment (5) stress the importance of preventing and reducing air pollution; Whereas, in addition, the Community became, by virtue of Decision 81/462/EEC (6) a contracting party to the Convention on long-range transboundary air pollution, which provides in particular for the development of strategies and policies to limit and, as far as possible, gradually reduce and prevent air pollution; Whereas, in view of the damaging effects on the environment of sulphur dioxide emissions including those arising from the use of gas oil, there is an urgent need to reduce these emission levels wherever this can be achieved; Whereas it is appropriate to fix a new maximum level for the sulphur content of gas oils as laid down in Directive 75/716/EEC; Whereas Member States should also be able to require a specified level lower than the maximum provided for in certain defined circumstances; Whereas the operation of this Directive should be reviewed after an appropriate period of time; Whereas reducing pollution by sulphur serves to further one of the Community's objectives regarding the protection and improvement of the environment; whereas, however, the necessary powers for this purpose are not expressly provided for in the Treaty and Article 235 must therefore also be invoked, Article 1 Directive 75/716/EEC is amended as follows: (1) Articles 1 and 2 are replaced by the following: 'Article 1 1. For the purposes of this Directive, gas oil shall mean any petroleum product falling under subheading 27.10 C I of the Common Customs Tariff (10 December 1984 edition) or any petroleum product which, by reason of its distillation limits, falls into the category of middle distillates intended for use as fuel and of which at least 85 % by volume, including distillation losses, distils at 350 °C. 2. Paragraph 1 shall not apply to gas oils: - used by shipping, - contained in the fuel tanks of inland waterway vessels or of motor vehicles travelling from one zone to another or crossing a frontier between a third country and a Member State, - intended for processing in the refining industry. Article 2 1. Member States shall take all necessary steps to ensure that gas oils can be marketed in the Community only if their sulphur compound content, expressed in sulphur, does not exceed 0,3 % by weight as from 1 January 1989. 2. Should environmental requirements or the state of desulphurization technology change appreciably or should the economic situation in the Community as regards the supply of crude oil change substantially, the Commission may, on its own initiative or at the request of a Member State, propose amendments in accordance with the conditions laid down by the Treaty, to the sulphur content indicated in paragraph 1. 3. If, as the result of a sudden change in the supply of crude oil or petroleum products, it becomes difficult for a Member State to apply the limit on the maximum sulphur content of gas oil, that Member State may, after informing the Commission, authorize a higher limit within its territory for a period of four months. The Council, acting by a qualified majority on a proposal from the Commission, may extend this period.' (2) Articles 4 to 7 are replaced by the following: 'Article 4 Without prejudice to Article 5, the Member States may not, as from the date of application laid down in Article 2, due account being taken of Article 3, prohibit, restrict or impede the marketing of gas oils, on the grounds of sulphur content, provided they comply with the requirements of this Directive. Article 5 1. Member States may require the use of gas oils with a sulphur content equal to 0,2 % by weight: - within the zones they have determined under Article 4 of Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates (1); as last amended by the Act of Accession of Spain and Portugal, - wherever Article 5 of the same Directive is applicable, - where damage to the environment or to the national heritage caused by total sulphur dioxide emissions requires the sulphur content of gas oil to be fixed at a lower value than that provided for in Article 2. 2. Member States shall inform the other Member States and the Commission of any measures which they contemplate taking in respect of paragraph 1 and of their grounds for taking them. Marketing of any gas oil with a sulphur content of less than 0,2 % may not be prohibited. Article 6 The Commission shall monitor the effects of applying this Directive. Three years at the latest after the notification (2) of this Directive, in the light of any new information available on the atmospheric sulphur dioxide pollution levels recorded, on progress towards defining air quality objectives, on the state of the environment and on the harmful effects of air pollution, and on condition on the gas oil market, the Commission shall submit a report to the Council accompanied by an appropriate proposal with a view to the establishment of a single value. The Council, acting in accordance with the provisions of the Treaty, shall decide on the Commission proposal before 1 December 1991. Article 7 1. Member States shall take the necessary measures to check by sampling the sulphur content of gas oils which are marketed. 2. The reference method adopted for determining the sulphur content of gas oils which are marketed is defined by method IP 336. The statistical interpretation of the results of the checks made to determine the sulphur content of the gas oils marketed shall be made according to standard ISO 4259 (1979 edition). (1) OJ No L 229, 30. 8. 1980, p. 30. (2) This Directive was notified to the Member States on 2 April 1987.' Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1988. 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 3 This Directive is addressed to the Member States.
[ "UKSI19901096", "UKSI19901097" ]
31987L0234
1987
Commission Directive 87/234/EEC of 31 March 1987 amending the Annex to Council Directive 77/101/EEC on the marketing of straight feedingstuffs Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 77/101/EEC of 23 November 1976 on the marketing of straight feedingstuffs (1), as last amended by Directive 86/354/EEC (2), and in particular Article 10 thereof, Whereas Directive 77/101/EEC provides for amendment of the content of its Annex to take account of advances in scientific and technical knowledge; Whereas it is appropriate to amend or supplement the provisions on the description and composition of certain by-products of rice milling or certain mineral substances in order to be able to identify them by their characteristics; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs, Article 1 The Annex to Directive 77/101/EEC is hereby amended as set out in the Annex hereto. Article 2 Member States shall, by 30 November 1987 at the latest, bring into force the laws, regulations or administrative provisions necessary to comply with Article 1. They shall immediately inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19880396" ]
31987L0235
1987
Commission Directive 87/235/EEC of 31 March 1987 amending the Annex to Council Directive 79/373/EEC on the marketing of compound feedingstuffs Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs (1), as last amended by Directive 86/354/EEC (2), and in particular Article 10 thereof, Whereas Directive 79/373/EEC provides for regular amendment of the content of its Annex to take account of advances in scientific and technical knowledge; Whereas the iron content in milk replacer feeds does not always allow the nutritional needs of animals to be covered, in particular in the case of young calves; whereas to remedy this situation it is appropriate to fix a minimum iron level for milk replacer feeds for this category of animals; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingsutffs, Article 1 The Annex to Directive 79/373/EEC is hereby amended as set out in the Annex hereto. Article 2 Member States shall, by 30 November 1987 at the latest, bring into force the laws, regulations or administrative provisions necessary to comply with Article 1. They shall immediately inform the Commission thereof, Article 3 This Directive is addressed to the Member States.
[ "UKSI19880396" ]
31987L0238
1987
Commission Directive 87/238/EEC of 1 April 1987 amending the Annexes to Council Directive 74/63/EEC on undesirable substances and products in animal nutrition Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 74/63/EEC of 17 December 1973 on undesirable substances and products in animal nutrition (1), as last amended by Directive 86/354/EEC (2), and in particular Article 6 thereof, Whereas Directive 74/63/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; Whereas it is necessary to limit the cadmium content of feedingstuffs and certain raw materials used for the manufacturing of feedingstuffs to protect animal and human health and the environment; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs, Article 1 The Annexes to Directive 74/63/EEC are hereby amended as set out in the Annex hereto. Article 2 Member States shall, by 3 December 1988 at the latest, bring into force the laws, regulations or administrative provisions necessary to comply with Article 1. They shall immediately inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19880396" ]
31987L0252
1987
Commission Directive 87/252/EEC of 7 April 1987 adapting to technical progress Council Directive 84/538/EEC on the approximation of the laws of the Member States relating to the permissible sound power level of lawnmowers Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 84/538/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of lawnmowers (1), and in particular Article 8 thereof, Whereas, in view of experience gained and of the state of the art, it is now necessary to match the requirements of Annex I, Annex II and Annex III to Directive 84/538/EEC to take account the latest progress; Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directive on the Determination of the Noise Emission of Construction Plant and Equipment, which is competent for Council Directive 84/538/EEC, Article 1 Annex I, Annex II and Annex III, to Directive 84/538/EEC are hereby amended in accordance with the Annex I, Annex II and Annex III to this Directive. Article 2 The Member States shall, by 1 January 1988, adopt and publish the provisions required to comply with this Directive and shall forthwith inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19870876" ]
31987L0250
1987
COMMISSION DIRECTIVE of 15 April 1987 on the indication of alcoholic strength by volume in the labelling of alcoholic beverages for sale to the ultimate consumer (87/250/EEC) Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (1), as last amended by Directive 86/197/EEC (2), and in particular the second paragraph of Article 10a thereof, Whereas Article 3 of Directive 79/112/EEC made it mandatory, in the labelling of beverages containing more than 1,2 % by volume of alcohol, to indicate the actual alcoholic strength by volume; Whereas rules concerning the manner of such indication must be laid down; Whereas, in the case of products classified under headings No 22.04 and 22.05 of the Common Customs Tariffs, such rules are laid down in the specific Community provisions applicable to them; Whereas this Directive applies to all other beverages containing more than 1,2 % by volume of alcohol; Whereas the Annex to Council Directive 76/766/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to alcohol tables (3) lays down Community rules on the definition and on the method of determining and expressing alcoholic strength by volume; Whereas this Directive may therefore be confined to introducing the provisions that must supplement such rules; Whereas for the purpose of establishing tolerances, due regard should be given to the nature of the different beverages concerned, the degree of variability observed and the technical difficulties involved in ensuring that the declared value is consistent with the actual value; Whereas one or more Community methods of analysis for determining alcoholic strength by volume will have to be adopted in good time in order to allow Directive 79/112/EEC and this Directive to be applied correctly; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Foodstuffs, Article 1 This Directive concerns the indication of the actual alcoholic strength by volume in the labelling of beverages containing more than 1,2 % by volume of alcohol other than those classified under headings No 22.04 and 22.05 of the Common Customs Tariff. Article 2 1. Alcoholic strength shall be determined at 20 o C. 2. The figure for alcoholic strength shall be given to not more than one decimal place. It shall be followed by the symbol ‘% vol.’ and may be preceded by the word ‘alcohol’ or the abbreviation ‘alc.’. Article 3 1. The positive and negative tolerances allowed in respect of the indication of the alcoholic strength by volume shall be as follows, expressed in absolute values: (a) Beverages not specified below: 0,3 % vol.; (b) Beers having an alcoholic strength not exceeding 5,5 % vol.; beverages classified under subheading 22.07 B II of the Common Customs Tariff and made from grapes: 0,5 % vol.; (c) Beers having an alcoholic strength exceeding 5,5 % vol.; beverages classified under subheading 22.07 B I of the Common Customs Tariff and made from grapes; ciders, perries, fruit wines and the like, obtained from fruits other than grapes, whether or not semi-sparkling or sparkling; beverages based on fermented honey: 1 % vol.; (d) Beverages containing macerated fruit or parts of plants: 1,5 % vol. 2. The tolerances set out in paragraph 1 shall apply without prejudice to the tolerances deriving from the method of analysis used for determining the alcoholic strength. Article 4 1. Member States shall, where necessary, amend their legislation to comply with this Directive and shall forthwith inform the Commission thereof; legislation thus amended shall be applied in such a manner as to: — permit trade in products which comply with this Directive by 1 May 1988 at the latest, — prohibit trade in products which do not comply with this Directive as from 1 May 1989. 2. However, trade in beverages which do not comply with this Directive, labelled before the date in the second indent of paragraph 1, shall be permitted until stocks are exhausted. Article 5 This Directive is addressed to the Member States.
[ "UKSI19890768" ]
31987L0308
1987
Commission Directive 87/308/EEC of 2 June 1987 adapting to technical progress Council Directive 76/889/EEC on the approximation of the laws of the Member States relating to radio interference caused by electrical household appliances, portable tools and similar equipment Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 76/889/EEC of 4 November 1976 on the approximation of the laws of the Member States relating to radio interference caused by electrical household appliances, portable tools and similar equipment (1), as last amended by Commission Directive 83/447/EEC (2), and in particular Article 7 (3) thereof, Whereas in the light of experience gained and technical progress made in the field of radio interference CENELEC has drawn up a new standard updating the requirements contained in the technical Annex to Directive 76/889/EEC; Whereas in order to simplify the text of Directive 76/889/EEC the reference to CENELEC's new European standard EN 55014 should be included in the technical Annex; Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers to Trade in the Sector of Apparatus Producing Radio Interference, Article 1 The Annex to Directive 76/889/EEC is replaced by the Annex to this Directive. Article 2 The Member States shall by 31 December 1988 adopt and publish the provisions required to comply with this Directive and shall forthwith inform the Commission thereof. They shall apply these provisions as from the same date as regards the freedom to market and use the equipment provided for in Article 4 of Directive 76/889/EEC, and as from 31 December 1989 as regards the ban on marketing referred to in Article 2 thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19850807", "UKSI19890562", "UKSI19781267", "UKSI19890561" ]
31987L0310
1987
Commission Directive 87/310/EEC of 3 June 1987 adapting to technical progress Council Directive 76/890/EEC on the approximation of the laws of the Member States relating to the suppression of radio interference with regard to fluorescent lighting luminaires fitted with starters Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 76/890/EEC of 4 November 1976 on the approximation of the laws of the Member States relating to the suppression of radio interference with regard to fluorescent lighting luminaires fitted with starters (1), as last amended by Directive 83/447/EEC (2), and in particular Article 7 thereof, Whereas in the light of experience gained and technical progress made in the field of radio interference CENELEC has drawn up a new standard updating the requirements contained in the technical Annex to Directive 76/890/EEC; Whereas in order to simplify the text of Directive 76/890/EEC the reference to CENELEC's new European standard EN 55015 should be included in the technical Annex; Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers to Trade in the Sector of Apparatus Producing Radio Interference, Article 1 The Annex to Directive 76/890/EEC is replaced by the Annex to this Directive. Article 2 The Member States shall by 31 December 1988 adopt and publish the provisions required to comply with this Directive and shall forthwith inform the Commission thereof. They shall apply these provisions as from the same date as regards the freedom to market and use the equipment provided for in Article 4 of Directive 76/890/EEC, and as from 31 December 1989 as regards the ban on marketing referred to in Article 2 thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19850807", "UKSI19890562", "UKSI19890561" ]
31987L0317
1987
Council Directive 87/317/EEC of 16 June 1987 amending Directive 70/524/EEC concerning additives in feedingstuffs in respect of Olaquindox Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 86/525/EEC (2), and in particular Articles 7 and 24 thereof, Having regard to the proposal from the Commission, Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; whereas the Annexes to that Directive were consolidated by Commission Directive 85/429/EEC (3); Whereas the use of Olaquindox as a growth promoter has hitherto been authorized at national level; whereas the studies carried out and the experienced gained indicate that this additive can be authorized throughout the Community for the use specified, provided that certain provisions aimed at ensuring its safe use are complied with; Whereas, since the Standing Commitee for Feedingstuffs has not delivered an opinion, the Commission is unable to adopt the measures it envisaged, in accordance with the procedure laid down in Article 24 of Directive 70/524/EEC; Whereas, in order to check that there are no Olaquindox residues in products of animal origin, it is necessary to improve the degree of sensitivity of the method of analysis used at present, Article 1 Annex I to Directive 70/524/EEC is hereby amended as set out in the Annex hereto. Article 2 By 30 November 1987 at the latest, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1. They shall forthwith inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19872217" ]
31987L0316
1987
Council Directive 87/316/EEC of 16 June 1987 amending Directive 70/524/EEC concerning additives in feedingstuffs in respect of Carbadox Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 86/525/EEC (2), and in particular Articles 7 and 24 thereof, Having regard to the proposal from the Commission, Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; whereas the Annexes to that Directive were consolidated by Commission Directive 85/429/EEC (3); Whereas the use of Carbadox as a growth promoter has hitherto been authorized at national level; whereas the studies carried out and the experience gained indicate that this additive can be authorized throughout the Community for the use specified, provided that certain provisions aimed at ensuring its safe use are complied with; Whereas, since the Standing Committee for Feedingstuffs has not delivered an opinion, the Commission is unable to adopt the measures it envisaged, in accordance with the procedure laid down in Article 24 of Directive 70/524/EEC; Whereas, in order to check that there are no Carbadox residues in products of animal origin, it is necessary to improve the degree of sensitivity of the method of analysis used at present, Article 1 Annex I to Directive 70/524/EEC is hereby amended as set out in the Annex hereto. Article 2 By 30 November 1987 at the latest, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1. They shall forthwith inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19872216", "UKSI19872217" ]
31987L0328
1987
COUNCIL DIRECTIVE of 18 June 1987 on the acceptance for breeding purposes of pure-bred breeding animals of the bovine species (87/328/EEC) Having regard to the Treaty establishing the European Economic Community, Having regard to Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of the bovine species (1), as last amended by Regulation EEC No 3768/85 (2) and in particular Article 3 thereof, Having regard to the proposal from the Commission, Whereas Directive 77/504/EEC was intended gradually to liberalize intra-Community trade in pure-bred breeding animals of the bovine species; whereas, for this purpose, additional harmonization with regard to the acceptance of such animals and their semen for breeding purposes is necessary ; Whereas, in this respect, it is necessary to prevent national provisions relating to the acceptance for breeding purposes of pure-bred breeding animals of the bovine species and their semen from constituting a prohibition, restriction or impediment to intra-Community trade either in the case of natural service or artificial insemination ; Whereas there must be no prohibition, restriction or impediment on pure-bred female animals of the bovine species for breeding purposes ; Whereas artificial insemination constitutes an important technique for increasing the use of the best breeders and, hence, for improving the bovine species; whereas in so doing, however, any impairment of the pedigree must be avoided, particularly with regard to male breeders, which must possess all guarantees of their genetic value and of their freedom from hereditary defects ; Whereas it is necessary to make a distinction between the acceptance for artificial insemination of pure-bred bulls and their semen which have undergone all the official tests laid down for their breed in a Member State and the acceptance of bulls and their semen accepted solely for the purposes of testing ; Whereas it is useful to establish a procedure for solving, in particular, difficulties that may arise in the assessment of the results of tests ; Whereas the provision that semen must come from officially approved centres responsible for artificial insemination is capable of providing the guarantees necessary for attaining the desired end ; Whereas it is desirable that pure-bred bulls and their semen be identified by blood grouping or any other appropriate methods ; Whereas it is useful to provide for the designation of certain bodies for collaborating in the harmonization of testing methods and of the assessment of results ; Whereas in the light of particular conditions currently existing in Spain and Portugal it is necessary to provide for an additional prolongation for the implementation of this Directive, Article 1 Member States shall ensure that, without prejudice to animal health rules, there is no prohibition, restriction or impediment on the acceptance of pure-bred female animals of the bovine species for breeding purposes and the acceptance of pure-bred bulls for natural service. Article 2 1. A Member State may not prohibit, restrict or impede : — the acceptance for official testing of pure-bred bulls or the use of their semen within the limits of the quantities necessary for approved organizations or associations to carry out such official tests, — the acceptance for artificial insemination within its territory of pure-bred bulls or the use of their semen when those bulls have been accepted for artificial insemination in a Member State on the basis of tests carried out in accordance with Decision 86/130/ EEC (3). 2. Where implementation of these provisions would give rise to disputes, particularly with regard to interpretation of the tests, operators shall have the right to seek the opinion of an expert. In the light of the expert's opinion, measures may be adopted at the request of a Member State in accordance with the procedure laid down in Article 8 of Directive 77/504/EEC. 3. The general rules for implementing paragraph 2 shall be adopted in accordance with the procedure set out in Article 8 of Directive 77/504/EEC. Article 3 Member States shall ensure that the use of pure-race bulls and their semen referred to in Article 2 is subject to identification of the bulls concerned by analysis of the blood group or by any other appropriate method adopted in accordance with the procedure of Article 8 of Directive 77/504/EEC. Article 4 Member States shall ensure that, for intra-Community trade, the semen referred to in Article 2 is collected, treated and stored in an officially approved artificial insemination centre. Article 5 The Council acting by a qualified majority on a proposal from the Commission, shall designate one or more reference centres as being responsible for collaborating in the harmonization of the testing methods and of the assessment of the results. Article 6 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1989. They shall forthwith inform the Commission thereof. However the Kingdom of Spain and the Portuguese Republic shall have an additional period of time of three years within which to comply with this Directive. Article 7 This Directive is addressed to the Member States.
[ "UKSI19922370" ]
31987L0344
1987
Council Directive 87/344/EEC of 22 June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance Having regard to the Treaty establishing the European Economic Community, and in particular Article 57 (2) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (4), as last amended by Directive 87/343/EEC (5), eliminated, in order to facilitate the taking-up and pursuit of such activities, certain differences existing between national laws; Whereas, however, Article 7 (2) (c) of Directive 73/239/EEC provides that 'pending further coordination, which must be implemented within four years of notification of this Directive, the Federal Republic of Germany may maintain the provision prohibiting the simultaneous undertaking in its territory of health insurance, credit and suretyship insurance or insurance in respect of recourse against third parties and legal defence, either with one another or with other classes'; Whereas the present Directive provides for the coordination of legal expenses insurance as envisaged in Article 7 (2) (c) of Directive 73/239/EEC; Whereas, in order to protect insured persons, steps should be taken to preclude, as far as possible, any conflict of interests between a person with legal expenses cover and his insurer arising out of the fact that the latter is covering him in respect of any other class of insurance referred to in the Annex to Directive 73/239/EEC or is covering another person and, should such a conflict arise, to enable it to be resolved; Whereas legal expenses insurance in respect of disputes or risks arising out of, or in connection with, the use of sea-going vessels should, in view of its specific nature, be excluded from the scope of this Directive; Whereas the activity of an insurer who provides services or bears the cost of defending the insured person in connection with a civil liability contract should also be excluded from the scope of this Directive if that activity is at the same time pursued in the insurer's own interest under such cover; Whereas Member States should be given the option of excluding from the scope of this Directive the activity of legal expenses insurance undertaken by an assistance insurer where this activity is carried out in a Member State other than the one in which the insured person normally resides and where it forms part of a contract covering solely the assistance provided for persons who fall into difficulties while travelling, while away from home or while away from their permanent residence; Whereas the system of compulsory specialization at present applied by one Member State, namely the Federal Republic of Germany, precludes the majority of conflicts; whereas, however, it does not appear necessary, in order to obtain this result, to extend that system to the entire Community, which would require the splitting-up of composite undertakings; Whereas the desired result can also be achieved by requiring undertakings to provide for a separate contract or a separate section of a single policy for legal expenses insurance and by obliging them either to have separate management for legal expenses insurance, or to entrust the management of claims in respect of legal expenses insurance to an undertaking having separate legal personality, or to afford the person having legal expenses cover the right to choose his lawyer from the moment that he has the right to claim from his insurer; Whereas, whichever solution is adopted, the interest of persons having legal expenses cover shall be protected by equivalent safeguards; Whereas the interest of persons having legal expenses cover means that the insured person must be able to choose a lawyer or other person appropriately qualified according to national law in any inquiry or proceedings and whenever a conflict of interests arises; Whereas Member States should be given the option of exempting undertakings from the obligation to give the insured person this free choice of lawyer if the legal expenses insurance is limited to cases arising from the use of road vehicles on their territory and if other restrictive conditions are met; Whereas, if a conflict arises between insurer and insured, it is important that it be settled in the fairest and speediest manner possible; whereas it is therefore appropriate that provision be made in legal expenses insurance policies for an arbitration procedure or a procedure offering comparable guarantees; Whereas the second paragraph of point C of the Annex to Directive 73/239/EEC provides that the risks included in classes 14 and 15 in point A may not be regarded as risks ancillary to other classes; whereas an insurance undertaking should not be able to cover legal expenses as a risk ancillary to another risk without having obtained an authorization in respect of the legal expenses risk; whereas, however, Member States should be given the option of regarding class 17 as a risk ancillary to class 18 in specific cases; whereas, therefore, point C of the said Annex should be amended accordingly, Article 1 The purpose of this Directive is to coordinate the provisions laid down by law, regulation or administrative action concerning legal expenses insurance as referred to in paragraph 17 of point A of the Annex to Council Directive 73/239/EEC in order to facilitate the effective exercise of freedom of establishment and preclude as far as possible any conflict of interest arising in particular out of the fact that the insurer is covering another person or is covering a person in respect of both legal expenses and any other class in that Annex and, should such a conflict arise, to enable it to be resolved. Article 2 1. This Directive shall apply to legal expenses insurance. Such consists in undertaking, against the payment of a premium, to bear the costs of legal proceedings and to provide other services directly linked to insurance cover, in particular with a view to: - securing compensation for the loss, damage or injury suffered by the insured person, by settlement out of court or through civil or criminal proceedings, - defending or representing the insured person in civil, criminal, administrative or other proceedings or in respect of any claim made against him. 2. This Directive shall not, however, apply to: - legal expenses insurance where such insurance concerns disputes or risks arising out of, or in connection with, the use of sea-going vessels, - the activity pursued by the insurer providing civil liability cover for the purpose of defending or representing the insured person in any inquiry or proceedings if that activity is at the same time pursued in the insurer's own interest under such cover, - where a Member State so chooses, the activity of legal expenses insurance undertaken by an assistance insurer where this activity is carried out in a Member State other than the one in which the insured person normally resides, where it forms part of a contract covering solely the assistance provided for persons who fall into difficulties while travelling, while away from home or while away from their permanent residence. In this event the contract must clearly state that the cover in question is limited to the circumstances referred to in the foregoing sentence and is ancillary to the assistance. Article 3 1. Legal expenses cover shall be the subject of a contract separate from that drawn up for the other classes of insurance or shall be dealt with in a separate section of a single policy in which the nature of the legal expenses cover and, should the Member State so request, the amount of the relevant premium are specified. 2. Each Member State shall take the necessary measures to ensure that the undertakings established within its territory adopt, in accordance with the option imposed by the Member State, or at their own choice, if the Member State so agrees, at least one of the following solutions, which are alternatives: (a) the undertaking shall ensure that no member of the staff who is concerned with the management of legal expenses claims or with legal advice in respect thereof carries on at the same time a similar activity - if the undertaking is a composite one, for another class transacted by it, - irrespective of whether the undertaking is a composite or a specialized one, in another having financial, commercial or administrative links with the first undertaking and carrying on one or more of the other classes of insurance set out in Directive 73/239/EEC; (b) the undertaking shall entrust the management of claims in respect of legal expenses insurance to an undertaking having separate legal personality. That undertaking shall be mentioned in the separate contract or separate section referred to in paragraph 1. If the undertaking having separate legal personality has links with an undertaking which carries on one or more of the other classes of insurance referred to in point A of the Annex to Directive 73/239/EEC, members of the staff of the undertaking who are concerned with the processing of claims or with legal advice connected with such processing may not pursue the same or a similar activity in the other undertaking at the same time. In addition, Member States may impose the same requirements on the members of the management body; (c) the undertaking shall, in the contract, afford the insured person the right to entrust the defence of his interests, from the moment that he has the right to claim from his insurer under the policy, to a lawyer of his choice or, to the extent that national law so permits, any other appropriately qualified person. 3. Whichever solution is adopted, the interest of persons having legal expenses cover shall be regarded as safeguarded in an equivalent manner under this Directive. Article 4 1. Any contract of legal expenses insurance shall expressly recognize that: (a) where recourse is had to a lawyer or other person appropriately qualified according to national law in order to defend, represent or serve the interests of the insured person in any inquiry or proceedings, that insured person shall be free to choose such lawyer or other person; (b) the insured person shall be free to choose a lawyer or, if he so prefers and to the extent that national law so permits, any other appropriately qualified person, to serve his interests whenever a conflict of interests arises. 2. Lawyer means any person entitled to pursue his professional activities under one of the denominations laid down in Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (1). Article 5 1. Each Member State may provide exemption from the application of Article 4 (1) for legal expenses insurance if all the following conditions are fulfilled: (a) the insurance is limited to cases arising from the use of road vehicles in the territory of the Member State concerned; (b) the insurance is connected to a contract to provide assistance in the event of accident or breakdown involving a road vehicle; (c) neither the legal expenses insurer nor the assistance insurer carries out any class of liability insurance; (d) measures are taken so that the legal counsel and representation of each of the parties to a dispute is effected by completely independent lawyers when these parties are insured for legal expenses by the same insurer. 2. The exemption granted by a Member State to an undertaking pursuant to paragraph 1 shall not affect the application of Article 3 (2). Article 6 Member States shall adopt all appropriate measures to ensure that, without prejudice to any right of appeal to a judicial body which might be provided for by national law, an arbitration or other procedure offering comparable garantees of objectivity is provided for whereby, in the event of a difference of opinion between a legal expenses insurer and his insured, a decision can be taken on the attitude to be adopted in order to settle the dispute. The insurance contract must mention the right of the insured person to have recourse to such a procedure. Article 7 Whenever a conflict of interests arises or these is disagreement over the settlement of the dispute, the legal expenses insurer or, where appropriate, the claims settlement office shall inform the person insured of - the right referred to in Article 4, - the possibility of having recourse to the procedure referred to in Article 6. Article 8 Member States shall abolish all provisions which prohibit an insurer from carrying out within their territory legal expenses insurance and other classes of insurance at the same time. Article 9 The second subparagraph of point C of the Annex to Directive 73/239/EEC shall be replaced by the following text: 'However, the risks included in classes 14, 15 and 17 in point A may not be regarded as risks ancillary to other classes. Nonetheless, the risk included in class 17 (legal expenses insurance) may be regarded as an ancillary risk of class 18 where the conditions laid down in the first subparagraph are fulfilled, where the main risk relates solely to the assistance provided for persons who fall into difficulties while travelling, while away from home or while away from their permanent residence. Legal expenses insurance may also be regarded as an ancillary risk under the conditions set out in the first subparagraph where it concerns disputes or risks arising out of, or in connection with, the use of sea-going vessels.' Article 10 Member States shall take the measures necessary to comply with this Directive by 1 January 1990. They shall forthwith inform the Commission thereof. They shall apply these measures from 1 July 1990 at the latest. Article 11 Following notification (1) of this Directive, Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. Article 12 This Directive is addressed to the Member States.
[ "UKSI19901160", "UKSI19901159" ]
31987L0345
1987
Council Directive 87/345/EEC of 22 June 1987 amending Directive 80/390/EEC coordinating the requirements for the drawing-up, scrutiny and distribution of the listing particulars to be published for the admission of securities to official stock exchange listing Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas, on 17 November 1986, the Council adopted Directive 86/566/EEC amending the First Directive of 11 May 1960 for the implementation of Article 67 of the Treaty (3); whereas, as a consequence, the number of cross-border applications for admission to listing is likely to increase; Whereas Article 24 of Directive 80/390/EEC (4), as amended by Directive 82/148/EEC (5), provides that, where securities are to be admitted to official listing on stock exchanges in two or more Member States, the competent authorities of such Member States are to cooperate and endeavour to agree a single text for the listing particulars for use in all the Member States concerned; Whereas that provision does not result in the full mutual recognition of listing particulars and it is therefore appropriate to amend Directive 80/390/EEC so as to achieve that recognition; Whereas mutual recognition represents an important step forward in the creation of the Community's internal market; Whereas, in this connection, it is necessary to specify which authorities are competent to check and approve listing particulars in the event of simultaneous applications for admission to official listing in two or more Member States; Whereas mutual recognition can be effective only in so far as Directive 80/390/EEC and the Directives to which it refers have been incorporated in the national legislation of the Member State the competent authorities of which approve the listing particulars; Whereas the mutual recognition of listing particulars does not in itself confer a right to admission; Whereas it is advisable to provide for the extension, by means of agreements to be concluded by the Community with non-member countries, of the recognition of listing particulars from those countries on a reciprocal basis; Whereas provision should be made for a transitional period for the Kingdom of Spain and the Portuguese Republic to take account of the periods accorded to those Member States under Article 2 (2) of Directive 86/566/EEC, Article 1 Section IV of Directive 80/390/EEC is replaced by the following Sections and Sections V and VI shall become Sections VIII and IX, respectively: 'SECTION IV Determination of the competent authority Article 24 Where, for the same securities, applications for admission to official listing on stock exchanges situated or operating in two or more Member States, including the Member State in which the issuer's registered office is situated, are made simultaneously or within a short interval, listing particulars shall be drawn up in accordance with the rules laid down in this Directive in the Member State in which the issuer has its registered office and approved by the competent authorities of that State; if the issuer's registered office is not situated in one of those Member States, the issuer must choose one of those States under the legislation of which the listing particulars will be drawn up and approved. SECTION V Mutual recognition Article 24a 1. Once approved in accordance with Article 24, listing particulars must, subject to any translation, be recognized by the other Member States in which admission to official listing has been applied for, without its being necessary to obtain the approval of the competent authorities of those States and without their being able to require that additional information be included in the listing particulars. The competent authorities may, however, require that listing particulars include information specific to the market of the country of admission concerning in particular the income tax system, the financial organizations retained to act as paying agents for the issuer in that country, and the way in which notices to investors are published. 2. Listing particulars approved by the competent authorities within the meaning of Article 24 must be recognized in another Member State in which application for admission to official listing is made, even if partial exemption or partial derogation has been granted pursuant to this Directive, provided that: (a) the partial exemption or partial derogation in question is of a type that is recognized in the rules of the other Member State concerned, and (b) the conditions that justify the partial exemption or partial derogation also exist in the other Member State concerned and that there are no other conditions concerning such exemption or derogation which might lead the competent authority in that Member State to refuse them. Even if the conditions laid down in (a) and (b) are not fulfilled, the Member State concerned may allow its competent authorities to recognize the listing particulars approved by the competent authorities within the meaning of Article 24. 3. When approving listing particulars, the competent authorities within the meaning of Article 24 shall provide the competent authorities of the other Member States in which application for official listing is made with a certificate of approval. If partial exemption or partial derogation has been granted pursuant to this Directive, the certificate shall state that fact and the reasons for it. 4. When application for admission to official listing is made, the issuer shall communicate to the competent authorities in each of the other Member States in which it is applying for admission the draft listing particulars which it intends to use in that State. 5. Member States may restrict the application of this Article to listing particulars of issuers having their registered office in a Member State. Article 24b 1. Where the securities for which applications for admission to official listing on stock exchanges situated in two or more Member States have been made simultaneously or within a short interval have been the subject of a prospectus drawn up and approved in accordance with this Directive, at the time of the public offer, by the competent authorities within the meaning of Article 24 in the three months preceding the application for admission in that State, that prospectus must, subject to any translation, be recognized as listing particulars in the other Member States in which application for admission to official listing is made, without its being necessary to obtain the approval of the competent authorities of those Member States and without their being able to require that additional information be included in the listing particulars. The competent authorities may, however, require that listing particulars include information specific to the market of the country of admission concerning, in particular, the income tax system, the financial organizations retained to act as paying agents for the issuer in the country of admission and the ways in which notices to investors are published. 2. Article 24a (2), (3), (4) and (5) shall apply in the eventuality referred to in paragraph 1 of this Article. 3. Article 23 shall apply to all changes occurring between the time when the content of the prospectus referred to in paragraph 1 of this Article is adopted and the time when stock exchange dealings begin. SECTION VI Cooperation Article 24c 1. The competent authorities shall cooperate wherever necessary for the purpose of carrying out their duties and shall exchange any information required for that purpose. 2. Where an application for admission to official listing concerning securities giving a right to participate in company capital, either immediately or at the end of the maturity period, is made in one or more Member States other than that in which the registered office of the issuer of the shares to which those securities give entitlement is situated, while that issuer's shares have already been admitted to official listing in that Member State, the competent authorities of the Member State of admission may act only after having consulted the competent authorities of the Member State in which the registered office of the issuer of the shares in question is situated. 3. Where an application for admission to official listing is made for securities which have been listed in another Member State less than six months previously, the competent authorities to whom application is made shall contact the competent authorities which have already admitted the securities to official listing and shall, as far as possible, exempt the issuer of those securities from the preparation of new listing particulars, subject to any need for updating, translation or the issue of supplements in accordance with the individual requirements of the Member State concerned. Article 25 1. Member States shall provide that all persons employed or formerly employed by the competent authorities shall be bound by professional secrecy. This means that any confidential information received in the course of their duties may not be divulged to any person or authority except by virtue of provisions laid down by law. 2. Paragraph 1 shall not, however, preclude the competent authorities of the various Member States from exchanging information as provided for in this Directive. Information thus exchanged shall be covered by the obligation of professional secrecy to which the persons employed or formerly employed by the competent authorities receiving the information are subject. 3. Without prejudice to cases covered by criminal law, the competent authorities receiving information pursuant to Article 24c (1) may use it only for the performance of their duties or in the context of administrative appeals or legal proceedings relating to such performance. SECTION VII Negotiations with non-member countries Article 25a The Community may, by means of agreements concluded with one or more non-member countries pursuant to the Treaty, recognize listing particulars drawn up and checked, in accordance with the rules of the non-member country or countries, as meeting the requirements of this Directive, subject to reciprocity, provided that the rules concerned give investors protection equivalent to that afforded by this Directive, even if those rules differ from the provisions of this Directive.' Article 2 1. Member States shall take the measures necessary for them to comply with this Directive by 1 January 1990. They shall forthwith inform the Commission thereof. However, for the Kingdom of Spain the date 1 January 1990 shall be replaced by 1 January 1991 and for the Portuguese Republic by 1 January 1992. 2. Member States shall communicate to the Commission the texts of the main laws, regulations and administrative provisions which they adopt in the field covered by this Directive. Article 3 This Directive is addressed to the Member States.
[ "UKPGA19860060" ]
31987L0343
1987
Council Directive 87/343/EEC of 22 June 1987 amending, as regards credit insurance and suretyship insurance, First Directive 73/239/EEC on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance Having regard to the Treaty establishing the European Economic Community, and in particular Article 57 (2) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (4), as amended by Directive 76/580/EEC (5), eliminated a number of divergencies in the laws of the Member States in order to facilitate the taking-up and pursuit of that business; Whereas, however, Article 2 (2) (d) of the said Directive states that it does not apply, 'pending further coordination, which shall be implemented within four years of notification of this Directive', to 'export credit insurance operations for the account of or with the support of the State'; whereas, since the protection of insured persons normally provided by the Directive is provided by the State itself where export credit insurance operations are carried out for the account of or with the guarantee of the State, such operations should continue to be excluded from the scope of the said Directive pending further coordination; Whereas Article 7 (2) (c) of the said Directive states that 'pending further coordination, which must be implemented within four years of notification of this Directive, the Federal Republic of Germany may maintain the provision prohibiting the simultaneous undertaking in its territory of health insurance, credit and suretyship insurance or insurance in respect of recourse against third parties and legal defence, either with one another or with other classes'; whereas it follows from this that there are barriers to the establishment of agencies and branches; whereas the present Directive is intended to remedy this situation; Whereas the interests of insured persons are sufficiently safeguarded, as regards suretyship insurance, by the said Directive; whereas the prohibition in the Federal Republic of Germany on the simultaneous undertaking of suretyship insurance and other classes should be lifted; Whereas insurance undertakings whose credit insurance business amounts to more than a small proportion of their total business require an equalization reserve which does not form part of the solvency margin; whereas that reserve should be calculated according to the methods laid down in this Directive, which are recognized as equivalent; Whereas in view of the cyclical nature of claims in credit insurance, the latter should, for the purposes of calculating the average burden of claims within the meaning of Article 16 (2) of Directive 73/239/EEC, be treated on the same basis as insurance against storm, hail and frost risks; Whereas the nature of the risk in credit insurance is such that undertakings which transact such business ought to form a higher guarantee fund than is at present provided for in the said Directive; Whereas a sufficient period of time should be granted to undertakings which are required to meet that obligation; Whereas it is unnecessary to impose this obligation on undertakings whose operations in this class of insurance do not exceed a certain volume; Whereas, in view of the provisions of this Directive in respect of credit insurance, the maintenance by the Federal Republic of Germany of the prohibition of the simultaneous undertaking of credit insurance and other classes is no longer justified, and such prohibition should therefore be removed, Article 1 Council Directive 73/239/EEC is hereby amended as follows: 1. Article 2 (2) (d) shall be replaced by the following: '(d) pending further coordination, export credit insurance operations for the account of or guaranteed by the State, or where the State is the insurer.' 2. In the second subparagraph of Article 7 (2) (c), the words 'credit and suretyship insurance' shall be deleted. 3. The following Article shall be inserted: 'Article 15a 1. Each Member State shall require undertakings established on its territory and underwriting risks included under class 14 in point A of the Annex (hereinafter referred to as "credit insurance") to set up an equalization reserve for the purpose of offsetting any technical deficit or above-average claims ratio arising in that class for a financial year. 2. The equalization reserve must be calculated, under the rules laid down by each Member State, in accordance with one of the four methods set out in point D of the Annex which shall be regarded as being equivalent. 3. Up to the amount calculated in accordance with the methods set out in point D of the Annex, the equalization reserve shall be disregarded for purposes of calculating the solvency margin. 4. Member States may exempt establishments from the obligation to set up an equalization reserve for credit insurance business where the premiums or contributions receivable in respect of credit insurance are less than 4 % of the total premiums or contributions receivable by them and less than 2 500 000 ECU.' 4. In Article 16 (2), the second sentence shall be replaced by the following text: 'In the case, however, of undertakings which essentially underwrite only one or more of the risks of credit, storm, hail or frost, the last seven financial years shall be taken as the reference period for the average burden of claims.' 5. The first indent of Article 17 (2) (a) shall be replaced by the following indents: '- 1 400 000 ECU in the case where all or some of the risks included in the class listed in point A of the Annex under No 14 are covered. This provision shall apply to every undertaking for which the annual amount of premiums or contributions due in this class for each of the last three financial years exceeded 2 500 000 ECU or 4 % of the total amount of premiums or contributions receivable by the undertaking concerned; - 400 000 ECU in the case where all or some of the risks included in one of the classes listed in point A of the Annex under Nos 10, 11, 12, 13 and 15 and, insofar as the first indent does not apply, No 14.' 6. The following subparagraph shall be added to Article 17 (2): '(d) Where an undertaking carrying on credit insurance is required to increase the fund referred to in subparagraph (a), first indent, to 1 400 000 ECU, the Member State concerned shall allow such undertaking: - a period of three years in which to bring the fund up to 1 000 000 ECU, - a period of five years to bring the fund up to 1 200 000 ECU, - a period of seven years to bring the fund up to 1 400 000 ECU. These periods shall run from the date from which the conditions referred to in the first indent of subparagraph (a) are fulfilled.' 7. The following shall be inserted in Article 19: '1a. In respect of credit insurance, the undertaking shall make available to the supervisory authority accounts showing both the technical results and the technical reserves relating to that business.' 8. Point D in the Annex to this Directive shall be added to the Annex. Article 2 Member States shall take the measures necessary to comply with this Directive by 1 January 1990. They shall forthwith inform the Commission thereof. They shall apply these measures from 1 July 1990 at the latest. Article 3 Following notification (1) of this Directive, Member States shall communicate to the Commission the texts of the main provisions of national legislation which they adopt in the field governed by this Directive. Article 4 This Directive is addressed to the Member States.
[ "UKSI19901181" ]
31987L0357
1987
Council Directive 87/357/EEC of 25 June 1987 on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas in serveral Member States legal provisions or regulations are in force concerning certain products which, appearing to be other than they are, endanger the safety or health of consumers; whereas, however, these provisions differ in content, scope and field of application; whereas, in particular, these provisions concern in certain Member States all products which resemble foodstuffs while not being such whilst in other Member States they concern products likely to be confused with foodstuffs, especially confectionery; Whereas this situation creates significant barriers to the free movement of goods and unequal competitive conditions within the Community without ensuring effective protection for consumers, especially children; Whereas these obstacles to the establishment and operation of the common market must be eliminated and adequate protection ensured for consumers in accordance with the Council resolutions of 14 April 1975 and 19 May 1981 respectively on the first (3) and second programmes (4) of the European Economic Community for a consumer protection and information policy and the Council resolution of 23 June 1986 on a new impetus for consumer protection policy (5); Whereas the health and safety of consumers should enjoy an equivalent level of protection in the different Member States; Whereas to that end it is necessary to prohibit the marketing, import and both the production and the export of products which, since they can be confused with foodstuffs, jeopardize the health or safety of consumers; Whereas provision should be made for controls to be carried out by the competent authorities of the Member States; Whereas, in accordance with the principles embodied in the Council resolutions on consumer protection, dangerous products must be withdrawn from the market; Whereas provision should be made for the possibility of discussing and examining the measures taken by the Member States to ban such products or withdraw them from the market, so as to ensure uniform application throughout the Community of the principles embodied in this Directive; whereas such examination and discussion can be conducted within the Advisory Committee set up under Decision 84/133/EEC (6); Whereas, given the possible need to widen the scope to cover dangerous imitations of foodstuffs and to evaluate and review the procedures laid down in this Directive, provision should be made for the Council, two years after the implementation of the Directive and acting on a Commission report on experience gained, to decide on the possible adjustment of the provisions of the Directive, Article 1 1. This Directive applies to the products, defined in paragraph 2 below, which, appearing to be other than they are, endanger the health or safety of consumers. 2. The products referred to in paragraph 1 above are those which, although not foodstuffs, possess a form, odour, colour, appearance, packaging, labelling, volume or size, such that it is likely that consumers, especially children, will confuse them with foodstuffs and in consequence place them in their mouths, or suck or ingest them, which might be dangerous and cause, for example, suffocation, poisoning, or the perforation or obstruction of the digestive tract. Article 2 Member States shall take all the measures necessary to prohibit the marketing, import and either manufacture or export of the products referred to in this Directive. Article 3 Member States shall in particular ensure that checks are carried out on products on the market to ascertain that no product falling within the scope of this Directive is being marketed and shall take all necessary measures to ensure that their competent authorities withdraw or cause to be withdrawn from their markets any product covered by this Directive. Article 4 1. If a Member State takes a specific measure persuant to Articles 2 and 3, it shall inform the Commission thereof. It shall give a description of the product and the grounds for its decision. Where details of the product are already required under Decision 84/133/EEC, no further notification is required under this Directive. The Commission shall forward the details to the other Member States at the earliest opportunity. 2. The Committee set up by Decision 84/133/EEC may be requested by the Commission or a Member State to enter into an exchange of views on questions relating to the application of this Directive. Article 5 Two years after the date referred to in Article 6, on the basis of a Commission report on experience gained, accompanied by appropriate proposals, the Council shall take a decision on a possible adjustment to this Directive, in particular with a view to extending its scope to cover dangerous imitations other than imitations of foodstuffs and any review of the procedures laid down in Article 4. Article 6 1. Member States shall take the measures necessary to comply with this Directive not later than 26 June 1989. They shall forthwith inform the Commission thereof. 2. Member States shall communicate to the Commission the texts of provisions of national law which they adopt in the field governed by this Directive. Article 7 This Directive is adressed to the Member States.
[ "UKSI19891291" ]
31987L0405
1987
Council Directive 87/405/EEC of 25 June 1987 amending Directive 84/534/EEC on the approximation of the laws of the Member States relating to the permissible sound power level of tower cranes Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission(1), Having regard to the opinion of the European Parliament(2), Having regard to the opinion of the Economic and Social Committee(3), Whereas provisions, the purpose of which is to limit noise at operators' positions, and methods of measuring airborne noise differ from one Member State to another, which means that, when applied to tower cranes, they constitute a barrier to trade in such cranes; whereas such provisions should therefore be approximated; Whereas Council Directive 79/113/EEC of 19 December 1978 on the approximation of the laws of the Member States relating to the determination of the noise emissions of construction plant and equipment(4), as last amended Directive 85/405/EEC(5), laid down, in particular, the method to be used for determining airborne noise emitted at the operator's position by a tower crane; Whereas Article 8 of Council Directive 86/188/EEC of 12 May 1986 on the protection of workers from the risks related to exposure to noise at work(6) lays down that Member States shall take appropriate measures in this field; Whereas, at the Council meeting held on 18 and 19 December 1978, the Ministers for the Environment stated that the technical provisions for the measurement of airborne noise emitted at the operator's position should appear in the Annexes to the separate directives for each machine in question; Whereas all the technical provisions required to determine the noise emission of tower cranes should be consolidated in one directive ; whereas Directive 84/534/EEC(7) should be amended accordingly, Article 1 Directive 84/534/EEC is hereby amended as follows: 1.Article 1 (1) is replaced by the following text: '1. This Directive shall apply to the permissible sound power level of airborne noise emitted into the environment and the permissible sould pressure level of airborn noise emitted at the operator's position for tower cranes used to perform work on industrial and building sites.' 2.Article 3 (1) shall be replaced by the following: 1. The approved bodies shall issue an EEC-type examination certificate for -each type of tower crane for which the sound power level of airborne noise emitted into the environment, measured under the conditions set out in Annex I to Directive 79/113/EEC, as amended by Annex I to this Directive, does not exceed the permissible sound power levels given in the following table: >TABLE> -each type of tower crane with an operator's position fixed to the structure of the tower crane, for which the sound pressure level of airborne noise, in dB(A), measured at the operator's position under the conditions set out in Annex II to Council Directive 79/113/EEC, as supplemented by Annex Ia to this Directive, does not exceed the permissible level given in the following table: >TABLE> 3.Article 3 (7) is replaced by the following: '7. Each tower crane built in accordance with the type certified by EEC type-examination shall bear a clear and permanent mark indicating the sound power level in dB(A) referenced to 1pW and, in the case of a type of tower crane with an operator's position fixed to the structure of the tower crane, the sound pressure level in dB (A) referenced to 20 ìPa, both as guaranteed by the manufacturer and determined as laid down in Annexes I and II to Directive 79/113/EEC, as last amended by Directive 85/405/EEC and supplemented by Annexes I and IIa to this directive, together with the symbol aa (epsilon). The models for these marks are given in Annex III to this Directive.' 4.Article 7 is replaced by the following: 'Article 7 Before the second stage enters into force, the Council shall act on the proposal for a reduction, as from 1 July 1995, in noise levels at the operator's position, which the Commission will submit in due course.' 5.A new Annex Ia is added, the text of which is given in Annex I to this Directive. 6.Annex III is replaced by the text in Annex II to this Directive. Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive upon expiry of a period of 24 months following its notification(1). 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 3 This Directive is addressed to the Member States.
[ "UKSI19891127" ]
31987L0404
1987
Council Directive 87/404/EEC of 25 June 1987 on the harmonization of the laws of the Member States relating to simple pressure vessels Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission(1), Having regard to the opinion of the European Parliament(2), Having regard to the opinion of the Economic and Social Committee(3), Whereas Member states have the responsibility of ensuring the safety on their territory of persons, domestic animals and property with regard to the hazards resulting from the leakage or bursting of simple pressure vessels; Whereas, in each Member State, mandatory provisions define in particular the safety level required of simple pressure vessels by specifying design and operating characteristics, conditions of installation and use and inspection procedures before and after placing on the market; whereas these mandatory provisions do not necessarily lead to different safety levels from one Member State to another but do, by their disparity, hinder trade within the Community; Whereas the national provisions ensuring such safety must be harmonized in order to guarantee the free movement of simple pressure vessels without lowering existing and justified levels of protection in the Member States; Whereas Community legislation as it stands at present provides that, notwithstanding one of the fundamental rules of the Community, namely the free movement of goods, barriers to intra-Community movement resulting from disparities in national laws on the marketing of products have to be accepted in so far as those provisions may be recognized as necessary to satisfy essential requirements; whereas the harmonization of laws in the present case must therefore be confined to those provisions needed to satisfy the essential safety requirements for simple pressure vessels; whereas, because they are essential, these requirements must replace the corresponding national provisions; Whereas this Directive therefore contains only mandatory and essential requirements; whereas, to facilitate proof of conformity with the essential requirements, it is necessary to have harmonized standards at European level in particular as to the design, operation and installation of simple pressure vessels so that products complying with them may be assumed to conform to the safety requirements; whereas these standards harmonized at European level are drawn up by private bodies and must remain non-mandatory texts; whereas for that purpose the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC) are recognized as the competent bodies for the adoption of harmonized standards in accordance with the general guidelines for cooperation between the Commission and those two bodies signed on 13 N°vember 1984; whereas, for the purposes of this Directive, a harmonized standard is a technical specification (European standard or harmonization document) adopted by one or both of those bodies upon a remit from the Commission in Accordance with the provisions of Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations(4) and the abovementioned general guidelines; Whereas a check on compliance with the relevant technical requirements is necessary to provide effective protection for users and third parties; whereas the existing inspection procedures differ from one Member State to another; whereas, in order to avoid multiple inspections, which are in effect barriers to the free movement of vessels, arrangements should be made for the mutual recognition of inspection procedures by the Member States; whereas, in order to facilitate the mutual recognition of inspection procedures, harmonized Community procedures should be set up and the criteria for appointing the bodies responsible for carrying out tests, surveillance and verification should be harmonized; Whereas the presence on a simple pressure vessel of the EC mark indicates that it satisfies the provisions of this Directive and therefore makes it unnecessary, on import and placing into service of the vessel, to repeat the inspections already carried out; whereas nevertheless simple pressure vessels might represent a safety hazard; whereas provision should therefore be made for a procedure to reduce this hazard, CHAPTER I Scope, placing on the market and free movement Article 1 1. This Directive applies to simple pressure vessels manufactured in series. 2. For the purposes of this Directive, 'simple pressure vessel' means any welded vessel subjected to an internal gauge pressure greater than 0,5 bar which is intended to contain air or nitrogen and which is not intended to be fired. Moreover, -the parts and assemblies contributing to the strength of the vessel under pressure shall be made either of non-alloy quality steel or of non-alloy aluminium or non-age hardening aluminium alloys, -the vessel shall be made of: -either a cylindrical part of circular cross-section closed by outwardly dished and/or flat ends which revolve around the same axis as the cylindrical part, -or two dished ends revolving around the same axis, -the maximum working pressure of the vessel shall not exceed 30 bar and the product of that pressure and the capacity of the vessel (PS.V) shall not exceed 10 000 bar/litre, -the minimum working temperature must be no lower than minus 50 °C and the maximum working temperature shall not be higher than 300 °C for steel and 100 °C for aluminium or aluminium alloy vessels. 3. The following vessels shall be excluded from the scope of the Directive: -vessels specifically designed for nuclear use, failure of which may cause an emission of radioactivity, -vessels specifically intended for installation in or the propulsion of ships and aircraft, -fire extinguishers. Article 2 1. Member States shall take all necessary steps to ensure that the vessels referred to in Article 1, hereinafter referred to as 'vessels', may be placed on the market and taken into service only if they do not compromise the safety of persons, domestic animals or property when properly installed and maintained and when used for the purposes for which they are intended. 2. The provisions of this Directive do not affect the right of Member States to specify - with due observance of the Treaty - the requirements they deem necessary to ensure that workers are protected when using vessels, provided it does not mean the vessels are modified in a way unspecified in this Directive. Article 3 1. Vessels in respect of which the product of PS and V exceeds 50 bar/litre must satisfy the essential safety requirements set out in Annex I. 2. Vessels in respect of which the product of PS and V is 50 bar/litre or less must be manufactured in accordance with sound engineering practice in one of the Member States and bear markings as laid down in section 1 of Annex II, with the exception of the EC mark referred to in Article 16. Article 4 Member States shall not impede the placing on the market and the taking into service in their territory of vessels which satisfy the requirements of this Directive. Article 5 1. Member States shall presume compliance with the essential safety requirements referred to in Article 3 in respect of vessels bearing the EC mark denoting conformity with the relevant national standards incorporating the harmonized standards whose reference numbers have been published in the Official Journal of the European Communities. Member States shall publish the reference numbers of such national standards. 2. Member States shall presume that vessels in respect of which the manufacturer has not applied, or has applied only in part, the standards referred to in paragraph 1, or for which no such standards exist, comply with the essential requirements referred to in Article 3 where, after receipt of an EEC type-examination certificate, their conformity with the approved model has been certified by the affixation of the EC mark. Article 6 1. Where a Member State or the Commission, considers that the harmonized standards referred to in Article 5 (1) do not entirely meet the essential requirements referred to in Article 3, the Commission or the Member State concerned shall bring the matter before the Standing Committee set up under Directive 83/189/EEC, hereinafter referred to as 'the committee', giving the reasons therefor. The committee shall deliver an opinion without delay. In the light of the committee's opinion, the Commission shall inform the Member States whether or not it is necessary to withdraw those standards from the publications referred to in Article 5 (1). Article 7 1. Where a Member State finds that vessels bearing the EC mark and used in accordance with their intended purpose might compromise the safety of persons, domestic animals or property, it shall take all appropriate measures to withdraw those products from the market or to prohibit or restrict their being placed on the market. The Member State concerned shall immediately inform the Commission of any such measure, indicating the reasons for its decision, and in particular whether non-conformity is due to: (a)failure to meet the essential requirements referred to in Article 3, where the vessel does not meet the standards referred to in Article 5 (1); (b)incorrect application of the standards referred to in Article 5 (1); (c)shortcomings in the standards referred to in Article 5 (1) themselves. 2. The Commission shall enter into consultation with the parties concerned as soon as possible. Where, after such consultation, the Commission finds that any measure as referred to in paragraph 1 is justified, it shall immediately so inform the Member State that took the action and the other Member States. Where the decision referred to in paragraph 1 is attributed to shortcomings in the standards, the Commission, after consulting the parties concerned, shall bring the matter before the Committee within two months if the Member State which has taken the measures intends to maintain them and shall initiate the procedures referred to in Article 6. 3. Where a vessel which does not comply bears the EC mark, the competent Member State shall take appropriate action against whomsoever has affixed the mark and shall inform the Commission and the other Member States thereof. 4. The Commission shall ensure that the Member States are kept informed of the progress and outcome of this procedure. CHAPTER II Certification procedures Article 8 1. Prior to production of pressure vessels of which the product of PS and V exceeds 50 bar/litre, manufactured: (a)in accordance with the standards referred to in Article 5 (1), the manufacturer, or his authorized representative established within the Community, shall at his own choice: -either inform an approved inspection body as referred to in Article 9, which after examining the design and manufacturing schedule referred to in Annex II 3, shall draw up a certificate of adequacy attesting that the schedule is satisfactory, or -submit a prototype vessel for the EC type- examination referred to in Article 10; (b)not, or only partly, in accordance with the standards referred to in Article 5 (1), the manufacturer, or his authorized representative established within the Community, must submit a prototype vessel for the EC type-examination referred to in Article 10. 2. Vessels manufactured in accordance with the standards referred to in Article 5 (1) or with the approved prototype shall, prior to their being placed on the market, be subject: (a)to the EC verification referred to in Article 11 where the product of PS and V exceeds 3 000 bar/litre: (b)at the choice of the manufacturer, where the product of PS and V does not exceed 3 000 bar litre but exceeds 50 bar/litre: -either to the EC declaration of conformity referred to in Article 12, or -to the EC verification referred to in Article 11. 3. The records, and correspondence relating to the certification procedures referred to in paragraphs 1 and 2 shall be drafted in an official language of the Member State in which the approved body is established or in a language accepted by that body. Article 9 1. Each Member State shall notify the Commission and the other Member States of the approved bodies responsible for carrying out the certification procedures referred to in Article 8 (1) and (2). The Commission shall publish a list of these bodies and the distinguishing number it has allotted them, for information purposes, in the Official Journal of the European Communities and shall ensure that the list is kept up to date. 2. Annex III sets out the minimum criteria which Member States must meet as regards approval of these bodies. 3. A Member State which has approved a body must withdraw approval if it finds that the body no longer meets the criteria listed in Annex III. It shall immediately inform the Commission and the other Member States accordingly. EC type-examination Article 10 1. EC type-examination is the procedure by which an approved inspection body ascertains and certifies that a prototype vessel satisfies the provisions of this Directive which apply to it. 2. The application for EC type-examination shall be lodged by the manufacturer or by his authorized representative with a single approved inspection body in respect of a prototype vessel or of a prototype representing a family of vessels. That authorized representative must be established in the Community. The application shall include: -the name and address of the manufacturer or of his authorized representative and the place of manufacture of the vessels, -the design and manufacturing schedule referred to in Annex II 3. It shall be accompanied by a vessel which is representative of the production envisaged. 3. The approved body shall carry out the EC type-examination in the manner described below. It shall examine not only the design and manufacturing schedule in order to check its conformity, but also the vessel submitted. When examining the vessel, the body shall: (a)verify that the vessel has been manufactured in conformity with the design and manufacturing schedule and may safely be used under its intended working conditions; (b)perform appropriate examinations and tests to check that the vessel complies with the essential requirements applicable to it. 4. If the prototype complies with the provisions applicable to it the body shall draw up an EC type-examination certificate which shall be forwarded to the applicant. That certificate shall state the conclusions of the examination, indicate any conditions to which its issue may be subject and be accompanied by the descriptions and drawings necessary for identification of the approved prototype. The Commission, the other approved bodies and the other Member States may obtain a copy of the certificate and, on a reasoned request, a copy of the design and manufacturing schedule and the reports on the examinations and tests carried out. 5. A body which refuses to issue an EC type-examination certificate shall so inform the other approved bodies. A body which withdraws an EC type-examination certificate shall so inform the Member State which approved it. The latter shall inform the other Member States and the Commission thereof, giving the reasons for the decision. EC verification Article 11 1. The purpose of EC verification is to check a certify that series-manufactured vessels comply with the standards referred to in Article 5 (1) or with the approved prototype. It shall be performed by an approved inspection body in accordance with the provisions set out below. That body shall issue an EC verification certificate and affix the mark of conformity provided for in Article 16. 2. Verification shall be performed on the batches of vessels submitted by their manufacturer or by his authorized representative established within the Community. Batches shall be accompanied by the EC type-examination certificate referred to in Article 10, or, if the vessels are not manufactured in accordance with an approved prototype, by the design and manufacturing schedule referred to in Annex II section 3. In the latter case the approved body shall, prior to EC verification, examine the schedule in order to certify its conformity. 3. When a batch is examined, the inspection body shall ensure that the vessels have been manufactured and checked in accordance with the design and manufacturing schedule and shall perform a hydrostatic test or, a pneumatic test of equivalent effect on each vessel in the batch at a pressure Ph equal to 1,5 times the vessel's design pressure in order to check its soundness. The premature test shall be subject to acceptance of the test safety procedures by the Member States in which the test is performed. Moreover, the inspection body shall carry out tests on test-pieces taken from a representative production test-piece or from a vessel, as the manufacturer chooses, in order to examine weld quality. The tests shall be carried out on longitudinal welds. However, where differing welding techniques are used for longitudinal and circular welds, the tests shall be repeated on the circular welds. 4. For the vessels referred to in section 2.1.2 of Annex I, these tests on test-pieces shall be replaced by a hydrostatic test on five vessels taken at random from each batch, in order to check that they conform to the requirements of section 2.1.2 of Annex I. EC declaration of conformity Article 12 1. A manufacturer fulfilling the obligations arising out of Article 13 shall affix the EC mark provided for in Article 16 to vessels which he declares to be in conformity with the standards, referred to in Article 5 (1) or with an approved prototype. By this EC declaration of conformity procedure the manufacturer becomes subject to EC surveillance, in cases where the product of PS and V exceeds 200 bar/litre. 2. The purpose of EC surveillance is to ensure, as required by Article 14 (2), that the manufacturer duly fulfils the obligations arising out of Article 13 (2). Surveillance shall be performed by the approved body which issued the EC type-examination certificate referred to in Article 10 where the vessels have been manufactured in accordance with an approved prototype or, if this is not the case, by the approved body to which the design and manufacturing schedule was sent in accordance with Article 8 (1) (a), first indent. Article 13 1. Where a manufacturer makes use of the procedure referred to in Article 12, he must, before commencing manufacture, send the approved body which issued the EC type-examination certificate or the certificate of adequacy a document describing the manufacturing processes and all of the pre-determined systematic measures taken to ensure conformity of the pressure vessels to the standards referred to in Article 5 (1) or the approved prototype. This document shall include: (a)a description of the means of manufacture and checking appropriate to the construction of the vessels: (b)an inspection document describing the appropriate examinations and tests to be carried out during manufacture, together with the procedures therefor and the frequency with which they are to be performed; (c)an undertaking to carry out the examinations and tests in accordance with the inspection document referred to above and to have a hydrostatic test or, subject to the agreement of the Member State, a pneumatic test carried out on each vessel manufactured at a test pressure equal to 1,5 times the design pressure. These examinations and tests shall be carried out under the responsibility of qualified staff who are sufficiently independent from production personnel, and shall be covered by a report; (d)the addresses of the places of manufacture and storage and the date on which manufacture is to commence. 2. In addition, when the product of PS and V exceeds 200 bar/litre, manufacturers shall authorize access to the said places of manufacture and storage by the body responsible for EC surveillance, for inspection purposes, and shall allow that body to select sample vessels and shall provide it with all necessary information, and in particular: -the design and manufacturing schedule, -the inspection report, -the EC type-examination certificate or certificate of adequacy, where appropriate, -a report on the examinations and tests carried out. Article 14 1. The approved body which issued the EC type- examination certificate or certificate of adequacy must, before the date on which any manufacture begins, examine both the document referred to in Article 13 (1) and the design and manufacturing schedule referred to in Annex II, section 3, in order to certify their conformity where vessels are not manufactured in accordance with an approved prototype. 2. In addition, where the product of PS and V exceeds 200 bar/litre, that body must during manufacture: -ensure that the manufacturer actually checks series-produced vessels in accordance with Article 13 (1) (c), -take random samples at the places of manufacture or at the place of storage of vessels for inspection purposes. The body shall supply the Member State which approved it, and, on request, the other approved bodies, the other Member States and the Commission, with a copy of the inspection report. CHAPTER III EC mark Article 15 Where it is established that the EC mark has been wrongly affixed to vessels because: -they do not conform to the approved prototype, -they conform to an approved prototype which does not meet the essential requirements referred to in Article 3, -they do not conform, in respect of the vessels referred to in Article 8 (1) (a), to the relevant standards referred to in Article 5 (1). -the manufacturer has failed to fulfil his obligations under Article 13, the body responsible for EC surveillance must report to the Member State concerned and, where appropriate, withdraw the EC type-examination certificate. Article 16 1. The EC mark and the inscriptions provided for in Annex II, section 1, shall be affixed in a visible, easily legible and indelible form to the vessel or to a data plate attached to the vessel in such a way that it cannot be removed. The EC mark shall consist of the symbol CE, the last two digits of the year in which the mark was affixed, and the distinguishing number referred to in Article 9 (1) of the approved inspection body responsible for EC verification or EC surveillance. 2. The affixing to vessels of marks or inscriptions which are likely to be confused with the EC mark shall be prohibited. CHAPTER IV Final provisions Article 17 Any decision taken pursuant to this Directive and resulting in restrictions on the placing on the market and/or taking into service of a vessel shall state the exact grounds on which it is based. Such a decision shall be notified without delay to the party concerned, who shall at the same time be informed of the judicial remedies available to him under the laws in force in the Member State in question and of the time limits to which such remedies are subject. Article 18 1. Before 1 January 1990, Member States shall adopt and publish the laws, regulations and administrative provisions necessary in order to comply with this Directive. They shall forthwith inform the Commission thereof. They shall apply such provisions from 1 July 1990. 2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive. Article 19 This Directive is addressed to the Member States.
[ "UKSI19943098", "UKSI19912749" ]
31987L0355
1987
Council Directive 87/355/EEC of 25 June 1987 amending Directive 71/316/EEC on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Annex II to Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (4), as last amended by Directive 87/354/EEC (5), must be supplemented by drawings of the distinguishing letters E for Spain, EL for Greece and P for Portugal; Whereas it is also necessary to amend the said Annex in order to replace the drawing of the distinguishing letters IR for Ireland by IRL, Article 1 1. The drawings referred to in point 3.2.1 of Annex II to Directive 71/316/EEC are hereby supplemented by the distinguishing letters E, EL and P and the distinguishing letters IR are hereby replaced by IRL. 2. The models for these distinguishing letters are shown below: Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1987. They shall forthwith inform the Commission thereof. 2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive. Article 3 This Directive is addressed to the Member States.
[ "UKSI19880186", "UKSI19881128", "UKSI19880296" ]
31987L0358
1987
Council Directive 87/358/EEC of 25 June 1987 amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas Directive 70/156/EEC (3), as last amended by the Act of Accession of Spain and Portugal, laid down the Community type-approval procedure for vehicles built in compliance with the technical requirements set out in specific directives and also the list of vehicle parts and characteristics covered by those directives; Whereas, in order to eliminate the possibility of misinterpretation arising from the wording of certain Articles of that Directive, it is necessary that minor corrections be made; Whereas, in order that the said type-approval procedure may be comprehensive in its application, it is necessary that it cover components as well as separate technical units and that each concept should be accurately defined; Whereas, in order to apply the said type-approval procedure correctly, control of the conformity of production should include verification of the arrangements which have been made by the manufacturer to ensure that vehicles, separate technical units or components in production conform to the approved type; Whereas, to reduce the amount of documentation now in circulation between Member States, the type-approval certificate, either in accordance with the relevant separate directive or the partially-completed type-approval certificate as annexed to Directive 70/156/EEC, should satisfy the normal information requirements of Member States, which have the option of requesting a more complete body of technical information; Whereas the administrative procedures governing the relationships between Member States, where one Member State demonstrates to the type-approving Member State that a number of vehicles do not conform to the approved type and that there is therefore reason to believe that production conformity has not been adequately ensured, need to be clarified; Whereas, in cases where the separate directives provide that a separate technical unit must bear the type-approval number, it should not be mandatory that each unit be accompanied by a certificate of conformity; whereas a manufacturer of a separate technical unit should in any case be required to provide information concerning any restrictions on its use and conditions relating to the fitting of the unit, Article 1 Directive 70/156/EEC is hereby amended as follows: 1. Articles 1 and 2 are replaced by the following: 'Article 1 For the purposes of this Directive: - "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails and of agricultural tractors and machinery, - "separate technical unit" means a device, subject to the requirements of a separate directive, intended to be part of a vehicle which may be type-approved separately but only in relation to one or more specified types of vehicles, - "component" means a device, subject to the requirements of a separate directive, intended to be part of a vehicle which may be type-approved independently of a vehicle. Article 2 For the purposes of this Directive: (a) "national type approval" means the administrative procedure known as: - "agrément par type"/"typegoedkeuring" in Belgian law, - "standardtypegodkendelse" in Danish law, - "allgemeine Betriebserlaubnis" in German law, - "égkrisi týpoy," in Greek law, - "homologacion de tipo" in Spanish law, - "réception par type" in French law, - "type approval" in Irish law, - "omologazione" or "approvazione del tipo" in Italian law, - "agrément" in Luxembourg law, - "typegoedkeuring" in Netherlands law, - "aprovação de marca e modelo" in Portuguese law, - "type approval" in United Kingdom law. (b) "EEC type-approval" means the procedure whereby a Member State certifies that a vehicle type, separate technical unit or component satisfies the technical requirements of the separate directives and the checks listed in the EEC type-approval certificate, the model of which is given in Annex II, and, where applicable, completed by the Annex to the type-approval certificate as contained in the appropriate separate Directives.' 2. Articles 4 and 5 are replaced by the following: 'Article 4 1. Each Member State shall approve all vehicle types which satisfy the following conditions: (a) the vehicle type must conform to the particulars in the information document; (b) the vehicle type must satisfy the checks listed in the model, referred to in Article 2 (b), of the type-approval certificate. 2. A Member State granting type-approval shall take the necessary measures to verify, in so far as is necessary and if need be in cooperation with the competent authorities of the other Member States, that adequate arrangements have been made to ensure that vehicles in production conform to the approved type. 3. A Member State which has granted type-approval shall take the necessary measures to verify, in so far as is necessary and if need be in cooperation with the competent authorities of the other Member States, that the arrangements referred to in paragraph 2 continue to be adequate and that production models conform to the approved type. Verification that production models conform to the approved type shall be limited to spot checks, unless specified otherwise in the separate directives. 4. Each Member State shall complete all the sections of a type-approval certificate for each vehicle type which it approves. Article 5 1. The competent authorities of each Member State shall, within one month, send the competent authorities of the other Member States a copy of the type-approval certificate for each vehicle type which they approve or refuse to approve. 2. Member States may, however, request from a Member State which has granted type-approval or the manufacturer or his authorized representative, further information contained in the technical documents listed in the type-approval certificate. 3. The manufacturer or his authorized representative in the country of registration shall complete a certificate of conformity, the model of which is given in Annex III, for each vehicle manufactured in conformity with the approved type. 4. Member States may, however, for purposes of taxation of a vehicle or completion of its registration documents, ask for particulars not mentioned in Annex III to be given on the certificate of conformity, provided that such particulars are explicitly stated on the information document or can be derived therefrom by a straightforward calculation.' 3. The following is deleted from Article 6 (2): '. . . and shall send the competent authorities of the other Member States, in periodic batches, copies of amendments to information documents which have already been distributed.' 4. Article 7 (2) is replaced by the following: '2. Nevertheless, this certificate shall not prevent a Member State from taking such measures in respect of vehicles which do not conform to the approved type. There shall be failure to conform to the approved type where deviations from the particulars in the type-approval certificate and/or the information document are found to exist and where these deviations have not been authorized under Article 6 (2) or (3) by the Member State which granted the type-approval. A vehicle shall not be considered to deviate from the approved type where tolerances are permitted by separate directives and these tolerances are respected.' 5. Article 8 is replaced by the following: 'Article 8 1. If a Member State which has granted EEC type-approval finds that a number of vehicles accompanied by a certificate of conformity do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models once more conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken, which may, where necessary, extend to withdrawal of EEC type-approval. 2. If a Member State demonstrates that a number of vehicles accompanied by a certificate of conformity do not conform to the approved type it may request the Member State which granted the EEC type-approval to verify that production models conform to the approved type. The Member State which granted the EEC type-approval shall conduct the requested conformity of production check, within six months of the date of request, with, if it is considered necessary, the cooperation of the Member State which requested that such a check be conducted. Where a failure to conform has been established, the competent authorities of the Member State which granted type-approval shall take the measures outlined in paragraph 1. 3. The competent authorities of the Member States shall inform each other within one month of any withdrawal of EEC type-approval, and of the reasons for such measure. 4. If the Member State which granted EEC type-approval disputes the failure to conform notified to it, the Member States concerned shall endeavour to settle the dispute. The Commission shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.' 6. Article 9a is amended as follows: 'Article 9a 1. Where the separate directives make express provision for so doing, EEC type-approval may also be granted to types of systems or parts of vehicles which form a separate technical unit and to components in accordance with Articles 3 to 9 and 14. 2. Where the separate technical unit or the component to be approved fulfils its function or offers a specific feature only in conjunction with other components of the vehicle and for this reason compliance with one or more requirements can be verified only when the separate technical unit or the component to be approved operates in conjunction with other vehicle components, whether real or simulated, the scope of the EEC type-approval of the separate technical unit or component must be restricted accordingly. The EEC type-approval certificate for a separate technical unit or component shall then include any restrictions on its use and shall indicate any conditions for fitting it. Observance of these restrictions and conditions shall be verified at the time of EEC type-approval of the vehicle. 3. However, the holder of EEC type-approval for a separate technical unit or a component granted in accordance with this Article shall complete the certificate provided for in Article 5 (3) and affix to each unit or component manufactured in conformity whith the approved type the trade name or mark, the type and, if the separate directive so provides, the type-approval number. In the latter case, these shall be no obligation to complete the certificate provided for in Article 5 (3). 4. The holder of an EEC type-approval certificate which, in accordance with the provisions of paragraph 2, includes restrictions on its use, shall deliver with each unit or component manufactured detailed information on these restrictions and shall indicate any conditions for fitting it.' 7. The third indent of Article 10 (1) is replaced by the following: '- on application by the manufacturer or his authorized representative and on submission of the information required by the separate directive, the Member State concerned shall complete the type approval certificate in accordance with the relevant separate directive. A copy of this certificate shall be issued to the applicant. With respect to vehicles of the same type, other Member States shall accept this copy as proof that the requisite tests have been carried out.' Article 2 The documents listed in the Annex to this Directive shall be considered to be equivalent to the type-approval certificate to which reference is made in the third indent of Article 10 (1) of Directive 70/156/EEC. Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 October 1988. They shall forthwith inform the Commission thereof. 2. Member States shall arrange to forward to the Commission the text of the essential domestic legal provisions which they adopt in the field covered by this Directive. Article 4 This Directive is addressed to the Member States.
[ "UKSI19881103" ]
31987L0356
1987
Council Directive 87/356/EEC of 25 June 1987 amending Directive 80/232/EEC on the approximation of the laws of the Member States relating to the ranges of nominal quantities and nominal capacities permitted for certain pre-packaged products Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas, since the adoption of Directive 80/232/EEC (4), as last amended by Directive 86/96/EEC (5), it has become necessary to add ranges of nominal quantities for certain pre-packaged products so as to remove barriers to trade for those products; Whereas, whenever possible, it is advisable to ensure total harmonization of ranges of pre-packaged products so as to establish a transparent market for such products, Article 1 Directive 80/232/EEC is hereby amended as follows: 1. The figure 1 is inserted before the existing text of Article 1 and the following paragraph added: '2. By way of derogation from paragraph 1, this Directive shall also apply to the knitting yarns referred to in point 11 of Annex I, presented in a different form of packaging.' 2. The following sentence is added to Article 5: 'Pre-packages containing the products listed in point 11 of Annex I may be marketed after 31 December 1989 only in the nominal quantities given in point 11.' 3. The following is added to Annex I: '11. KNITTING YARNS (quantity in g) consisting of natural fibres (animal, vegetable and mineral), chemical fibres and mixtures thereof. 10 - 25 - 50 - 100 - 150 - 200 - 250 - 300 - 350 - 400 - 450 - 500 - 1000 This value is the anhydrous mass of the yarn to which the conventional humidity allowance laid down by Directive 71/307/EEC is applied.' Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 1988. They shall forthwith inform the Commission thereof. 2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive. Article 3 This Directive is addressed to the Member States.
[ "UKSI19880895" ]
31987L0354
1987
Council Directive 87/354/EEC of 25 June 1987 amending certain directives on the approximation of the laws of the Member States relating to industrial products with respect to the distinctive numbers and letters indicating the Member States Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the Act of Accession of Spain and Portugal adopted, for certain directives concerning the approximation of the laws of the Member States relating to industrial products, the distinctive letters 'GR' for the Hellenic Republic; Whereas, in order to maintain the link with the designation for Greece in its national language, the distinctive letters 'EL' should be assigned to that Member State; whereas the directives concerned must therefore be amended accordingly, Article 1 The directives listed in the Annex are hereby amended in accordance with the provisions set out therein. Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 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 3 This Directive is addressed to the Member States.
[ "UKSI19880186", "UKSI19881128", "UKSI19880296" ]
31987L0403
1987
Council Directive 87/403/EEC of 25 June 1987 supplementing Annex I to Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission(1), Having regard to the opinion of the European Parliament(2), Whereas Directive 70/156/EEC(3), as last amended by Directive 87/358/EEC(4), laid down, in the N°tes to Annex I, the classification of motor vehicles and their trailers; Whereas it is now necessary to define off-road vehicles at Community level with a view in particular to the application of Directive 84/424/EEC(5), Article 1 of which lays down exceptions for these vehicles and more generally for the application of any other Directive in the motor vehicle sector that might need such definition; Whereas off-road vehicles are defined differently in each Member State and whereas, in order not to hinder intra-Community trade, a common definition, within the international categories set out in the notes to Annex I to Directive 70/156/EEC, is necessary, Article 1 Annex I to Directive 70/156/EEC is hereby supplemented as set out in the Annex hereto. Article 2 Member States shall take the measures necessary to comply with this Directive by 1 October 1988. They shall forthwith inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19881103" ]
31987L0372
1987
Council Directive 87/372/EEC of 25 June 1987 on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas recommendation 84/549/EEC (3) calls for the introduction of services on the basis of a common harmonized approach in the field of telecommunications; Whereas the resources offered by modern telecommunications networks should be utilized to the full for the economic development of the Community; Whereas mobile radio services are the only means of contacting users on the move and the most efficient means for those users to be connected to public telecommunications networks; Whereas mobile communications depend on the allocation and availability of frequency bands in order to transmit and receive between fixed-base stations and mobile stations; Whereas the frequencies and land-based mobile communications systems currently in use in the Community vary widely and do not allow all users on the move in vehicles, boats, trains, or on foot throughout the Community, including on inland or coastal waters, to reap the benefits of European-wide services and European-wide markets; Whereas the change-over to the second generation cellular digital mobile communications system will provide a unique opportunity of establishing truly pan-European mobile communications; Whereas the European Conference of Postal and Telecommunications Administrations (CEPT) has recommended that frequencies 890-915 and 935-690 MHz be allocated to such a system, in accordance with the International Telecommunications Union (ITU) Radio Regulations allocating such frequencies to mobile radio services use as well; Whereas parts of these frequency bands are being used or are intended for use by certain Member States for interim systems and other radio services; Whereas the progressive availability of the full range of the frequency bands set out above will be indispensable for the establishment of truly pan-European mobile communications; Whereas the implementation of Council recommendation 87/371/EEC of 25 June 1987 on the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (4), aiming at starting a pan-European system by 1991 at the latest, will allow the speedy specification of the radio transmission path; Whereas on the basis of present technological and market trends it would appear to be realistic to envisage the exclusive occupation of the 890-915 and 935-960 MHz frequency bands by the pan-European system within 10 years of 1 January 1991; Whereas Council Directive 86/361/EEC of 24 July 1986 on the initial stage of the mutual recognition of type approval for telecommunications terminal equipment (5) will allow the rapid establishment of common conformity specifications for the pan-European cellular digital mobile communications system; Whereas the report on public mobile communications drawn up by the Analysis and Forecasting Group (GAP) for the Senior Officials Group on Telecommunications (SOG-T) has drawn attention to the necessity for the availability of adequate frequencies as a vital pre-condition for pan-European cellular digital mobile comunications; Whereas favourable opinions on this report have been delivered by the telecommunications administrations, by the European Conference of Postal and Telecommunications Administrations (CEPT) and the telecommunications equipment manufacturers in the Member States, Article 1 1. Member States shall ensure that the 905-914 and 950-959 MHz frequency bands or equivalent parts of the bands mentioned in paragraph 2 are reserved exclusively (1) for a public pan-European cellular digital mobile communications service by 1 January 1991. 2. Member States shall ensure that the necessary plans are prepared for the public pan-European cellular digital mobile communications service to be able to occupy the whole of the 890-915 and 935-960 Mhz bands according to commerical demand as quickly as possible. Article 2 The Commission shall report to the Council on the implementation of the Directive not later than the end of 1996. Article 3 For the purposes of this Directive, a public pan-European cellular digital land-based mobile communications service shall mean a public cellular radio service provided in each of the Member States to a common specification, which includes the feature that all voice signals are encoded into binary digits prior to radio transmission, and where users provided with a service in one Member State can also gain access to the service in any other Member State. Article 4 1. Member States shall bring into force the provisions necessary to comply with this Directive within 18 months of its notification (2). They shall forthwith inform the Commission threof. 2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive. Article 5 This Directive is addressed to the Member States.
[ "UKSI20103024" ]
31987L0432
1987
Council Directive 87/432/EEC of 3 August 1987 on the eighth adaptation to technical progress of Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(1), as last amended by Commission Directive 86/431/EEC(2), and in particular Articles 19 and 21 thereof, Having regard to the proposal from the Commission, Whereas it is of importance that measures be adopted for the gradual establishment of the internal market during a period to expire on 31 December 1992; whereas the internal market consists of an area which has no internal frontiers and in which the free movement of goods, persons, services and capital is assured; Whereas Annex I to Directive 67/548/EEC contains a list of dangerous substances, together with particulars of the classification and labelling procedures in respect of each substance; whereas examination of the list has shown that it needs to be adapted in the light of present scientific and technical knowledge; whereas, in particular, it is necessary to change the classification and labelling of certain substances, to clarify certain names, to correct certain Cas (Chemical Abstract Service) numbers and to enter other substances in the list; Whereas the Committee on the Adaptation to Technical Progress of the Directives concerning the Elimination of Technical Barriers to Trade in Dangerous Substances and Preparations, set up by Article 20 of Directive 67/548/EEC, gave an unfavourable opinion on the draft of the measures which was submitted to it by the Commission, Article 1 Annex I (list of dangerous substances) to Directive 67/548/EEC is hereby amended as follows: 1.The designation, Cas-number, classification and labelling of the following substances shall be replaced by those listed in Annex I to this Directive. N° 006-008-00-0 N° 006-019-00-0 N° 602-005-00-9 N° 602-042-00-0 N° 602-045-00-7 N° 602-046-00-2 N° 602-047-00-8 N° 602-048-00-3 N° 602-049-00-9 N° 603-023-00-X N° 605-001-00-5 N° 605-001-01-2 N° 605-001-02-X N° 606-019-00-6 N° 612-036-00-X N° 612-037-00-5 N° 612-041-00-7 N° 613-011-00-6 N° 650-007-00-3. 2.The substances listed in Annex II to this Directive shall be added. Article 2 Member States shall adopt and publish before 1 April 1988 the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof. They shall apply these provisions as from 1 October 1988 at the latest. Article 3 This Directive is addressed to the Member States.
[ "UKSI19880766", "UKSI19892208" ]
31987L0480
1987
Commission Directive 87/480/EEC of 9 September 1987 amending Council Directives 66/401/EEC and 69/208/EEC on the marketing of fodder plant seed and seed of oil and fibre plants respectively Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), as last amended by Commission Directive 87/120/EEC (2), and in particular Article 21a thereof, Having regard to Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (3), as last amended by Commission Directive 87/120/EEC, and in particular Article 20a thereof, Whereas, in the light of the development of scientific and technical knowledge, Annex II to Directive 66/401/EEC and Annex II to Directive 69/208/EEC should be amended so as to improve the standards to be satisfied by seed of certain fodder plant species and certain oil and fibre plant species in respect of the maximum content of seed of Rumex spp. other than Rumex acetosella and, in the case of the fodder plant species, Rumex maritimus; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, Article 1 Directive 66/401/EEC is hereby amended as follows: 1. For the species listed on the left below the entries in column 14 of the table in Annex II (I) (2) (A) are replaced by the entries on the right below: 1.2 // Alopecurus pratensis // 5(n) // Arrhenatherum elatius // 5(n) // Dactylis glomerata // 5(n) // Festuca arundinacea // 5(n) // Festuca ovina // 5(n) // Festuca pratensis // 5(n) // Festuca rubra // 5(n) // Lolium multiflorum // 5(n) // Lolium perenne // 5(n) // Lolium × boucheanum // 5(n) // Phalaris aquatica // 5 // Hedysarum coronarium // 5 // Lupinus albus // 5(n) // Lupinus angustifolius // 5(n) // Lupinus luteus // 5(n) // Medicago lupulina // 10 // Medicago sativa // 10 // Medicago × varia // 10 // Onobrychis viciifolia // 5 // Pisum sativum // 5(n) // Trifolium alexandrinum // 10 // Trifolium incarnatum // 10 // Trifolium pratense // 10 // Trigonella foenum-graecum // 5 // Vicia faba // 5(n) // Vicia pannonica // 5(n) // Vicia sativa // 5(n) // Vicia villosa // 5(n) // Brassica napus var. napobrassica // 5 // Brassica oleracea convar. acephala var. medullosa + var. viridis // 10 // Raphanus sativus var. oleiformis // 5. 2. For the species listed on the left below the entries in column 4 of the table in Annex II (II) (2) (A) are replaced by the entries on the right below: 1.2 // Alopecurus pratensis // 2 // Arrhenatherum elatius // 2 // Dactylis glomerata // 2 // Festuca arundinacea // 2 // Festuca ovina // 2 // Festuca pratensis // 2 // Festuca rubra // 2 // Lolium multiflorum // 2 // Lolium perenne // 2 // Lolium × boucheanum // 2 // Phalaris aquatica // 2 // Hedysarum coronarium // 2 // Loyus corniculatus // 3 // Lupinus albus // 2 // Lupinus angustifolius // 2 // Lupinus luteus // 2 // Medicago sativa // 3 // Medicago × varia // 3 2. 1987, p. 39. (3) OJ No L 169, 10. 7. 1969, p. 3. // Pisum sativum // 2 // Trifolium alexandrinum // 3 // Trifolium hybridum // 3 // Trifolium incarnatum // 3 // Trifolium resupinatum // 3 // Trigonella foenum-graecum // 2 // Vicia faba // 2 // Vicia pannonica // 2 // Vicia sativa // 2 // Vicia villosa // 2 // Brassica napus var. napobrassica // 2 // Brassica oleracea convar. acephala var. medullosa + var. viridis // 3 // Raphanus sativus var. oleiformis // 2. Article 2 Directive 69/208/EEC is hereby amended as follows: For the species listed on the left below the entries in column 9 of the table in Annex II (I) (2) (A) are replaced by the entries on the right below: Brassica spp. - basic seed 2, - certified seed 5; Sinapis alba - basic seed 2, - certified seed 5. Article 3 Member States shall take the measures necessary to comply with this Directive not later than 1 July 1990. They shall forthwith inform the Commission thereof. Article 4 This Directive is addressed to the Member States.
[ "UKSI19891312", "UKSI19891313" ]
31987L0481
1987
Commission Directive 87/481/EEC of 9 September 1987 amending Council Directive 70/458/EEC on the marketing of vegetable seed Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (1), as last amended by Commission Directive 87/120/EEC (2), and in particular Article 40a thereof, Whereas, in the light of the development of scientific and technical knowledge, it is desirable to amend the conditions laid down in Annex I to Directive 70/458/EEC for crop isolation for the production of spinach beet seed and beetroot seed; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, Article 1 Annex I (4) to Directive 70/458/EEC is hereby amended as follows: 1. The following item is inserted: 1.2 // 'A. Beta vulgaris // // 1. From any pollen sources of the genus Beta not included below // 1 000 metres; // 2. From pollen sources of varieties of the same subspecies belonging to a different group of varieties: // // (a) for basic seed // 1 000 metres, // (b) for certified seed // 600 metres; // 3. From pollen sources of varieties of the same subspecies belonging to the same group of varieties: // // (a) for basic seed // 600 metres, // (b) for certified seed // 300 metres. The groups of varieties referred to in 2 and 3 shall be determined in accordance with the procedure laid down in Article 40.' 2. The existing item A is redesignated 'Aa' and the words 'Beta and' are deleted wherever they appear. Article 2 Member States shall take the measures necessary to comply with this Directive not later than 1 July 1989. They shall forthwith inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19891315" ]
31987L0477
1987
Commission Directive 87/477/EEC of 9 September 1987 amending for the third time the Annex to Council Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (1), as last amended by Directive 87/181/EEC (2), and in particular Article 6 thereof, Whereas the development of scientific and technical knowledge makes necessary certain amendments to the Annex to Directive 79/117/EEC; Whereas it seems desirable to delete a certain number of temporary derogations from the prohibitions laid down in the Directive since less hazardous treatments are now available; Whereas all Member States have informed the Commission that they do not intend or no longer intend to avail themselves of these derogations; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health, Article 1 The Annex to Directive 79/117/EEC is hereby amended as follows: 1. in Part A, 'Mercury compounds': (a) under item 4, 'Alkyl mercury compounds', the text in column 2 is replaced by: 'Treatment of sugar beet seed'; (b) under item 5, 'Alkoxyalkyl and aryl mercury compounds', the text in column 2 is replaced by: 'Seed treatment of cereals and beet'; 2. in Part B, 'Persistent organo-chlorine compounds', under item 1, 'Aldrin', the text of item (b) in column 2 is amended by the deletion of the words 'Ireland and'. Article 2 Member States shall, not later than 1 January 1988, bring into force the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19861510" ]
31987L0491
1987
Council Directive 87/491/EEC of 22 September 1987 amending Directive 80/215/EEC on animal health problems affecting intra-Community trade in meat products Having regard to the Treaty establishing the European Economic Community, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Article 4 (1) of Directive 80/215/EEC (4), as last amended by Regulation (EEC) No 3768/85 (5), defines the types of treatment likely to destroy agents responsible for livestock diseases in meat products with a view to permitting intra-Community trade in such products under certain conditions; Whereas experience gained and advances in scientific knowledge and meat technology enable a new treatment providing the requisite guarantees to be used; Whereas the Scientific Veterinary Committee has delivered a favourable opinion regarding the use of the new treatment for preparing pigmeat products in Member States in which African swine fever is prevalent; Whereas the inclusion of this treatment amongst the others already prescribed will facilitate free movement in the Community, which will increase the value of production while avoiding the risk of spreading disease; Whereas there is at present some uncertainty as to which provisions of the Treaty can serve as a basis for the adoption of the measures in question, in particular pending the judgment to the handed down by the Court of Justice in Case No 68/86; whereas, exceptionally, the sole legal basis must therefore, for the time being, be the Treaty itself, Article 1 Article 3 of Directive 80/215/EEC is hereby amended as follows: (a) In the first indent, 'Article 1 of Council Directive 64/433/EEC' is replaced by 'Article 2 of Council Directive 64/433/EEC'. (b) in the second indent, '(a)' is deleted. Article 2 Article 4 of Directive 80/215/EEC is hereby amended as follows: 1. Paragraph 1 is amended as follows: (a) In the introductory words, 'Article 1 of Directive 64/433/EEC' is replaced by 'Article 2 of Directive 64/433/EEC'. (b) Point (a) is replaced by the following: '(a) heat treatment carried out: (i) either in a hermetically sealed container, with an Fc value of 3,00 or more; (ii) or under the following conditions - in so far as the products concerned are prepared exclusively from or with pigmeat from farms or, in the case of the Member States referred to in Article 7a (1), from areas not subject to banning orders on health policy grounds, following the establishment of the existence of African swine fever: - the meat must be fully boned and the main lymphatic glands removed, - the piece of meat to be treated mus not weigh more than five kilograms, - before heating, each piece of meat as referred to above must be enclosed in a hermetically sealed container to be marketed therein, - the meat in its container must undergo heat treatment in strict conformity with the following conditions: - the product must be kept at a temperature of at least 60 °C for a minimum of four hours during which the temperature must be at least 70 °C for a minimum of 30 minutes, - the temperature of a representative number of samples of each batch of products must be monitored constantly. Monitoring must be carried out using automatic apparatus enabling the temperature to be recorded both in the centre of the pieces of greater weight and inside the heating equipment, - throughout these operations, the conditions laid down in the third subparagraph of Article 5a of Directive 72/461/EEC, as amended by Directive 80/213/EEC (7), must be fulfilled, - after the treatment, a public health mark must be put on each of the containers referred to in the third and fourth indents, in accordance with points 31, 32 and 33 of Chapter VII of Annex A to Directive 77/99/EEC, - Member States which make use of the treatment provided for under this point shall communicate to the Commission and the other Member States the list of establishments which possess the equipment required to ensure that the temperatures prescribed above are complied with. In the case of the Member States referred to in Article 7a (2), the treatment may be used for meat from areas subject to a banning order following the discovery of African swine fever only after a decision has been taken in accordance with Article 7b (2). (7) OJ No L 47, 21. 2. 1980, p. 1.' (c) In (b), - subdivision (i) is replaced by the following: '(i) heat treatment of a type different from those referred to in (a), in which the centre temperature is raised to at least 70 °c.', - the following subparagraph is added to subdivision (ii): 'However, if the disease in question is foot-and-mouth disease, this treatment may be applied to bone-in ham which fulfils the other conditions provided for in the first subparagraph.' (d) The following subparagraph is added: 'The products mentioned in this Article may be prepared only under official veterinary supervision and must be protected from any contamination or recontamination.' 2. In paragraph 2: - The following subdivision is added under (a): '(iii) where, as a result of the discovery or the continued existence of African swine fever, a Member State decides to make use of the treatment described in paragraph 1 (a) (ii), it must ensure that fresh pigmeat is marked with the stamp provided for in Article 5a of Directive 72/461/EEC.' - Point (b) is replaced by the following: '(b) the health certificate specified in Annex A, Chapter VIII, to Directive 77/99/EEC contains, without prejudice to footnote 3 of that certificate, the following words under the entry 'Nature of products': 'Treated in accordance with Article 4 (1) (a) of Directive 80/215/EEC' or 'Treated in accordance with Article 4 (1) (b) of Directive 80/215/EEC'. Article 3 Member States shall bring into force, not later than 1 January 1988, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof. Article 4 This Directive is addressed to the Member States.
[ "UKPGA19810022" ]
31987L0524
1987
FIRST COMMISSION DIRECTIVE of 6 October 1987 laying down Community methods of sampling for chemical analysis for the monitoring of preserved milk products (87/524/EEC) Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption (1), and in particular Article 1 (1) thereof, Whereas Council Directive 76/118/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to certain partly or wholly dehydrated preserved milk for human consumption (2), as last amended by the Act of Accession of Spain and Portugal, lays down Community rules governing the composition, use of reserved designations, conditions of manufacture and labelling of the products in question; Whereas, pursuant to Article 1 (1) of Directive 85/591/EEC, samples of such products must be taken in accordance with Community methods for the purpose of determining their composition, conditions of manufacture, packaging or labelling; Whereas it is desirable to adopt an initial series of methods of sampling for chemical analysis in respect of which studies have been completed; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Foodstuffs, Article 1 Member States shall take all measures necessary to ensure that the taking of samples as referred to in the Annex is carried out in accordance with the methods described therein. Article 2 Member States shall take all measures necessary to comply with this Directive by 6 April 1989 at the latest. They shall forthwith inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19891959" ]
31987L0552
1987
Commission Directive 87/552/EEC of 17 November 1987 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Directive 87/317/EEC (2), and in particular Article 7 thereof, Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; whereas the Annexes were consolidated by Commission Directive 85/429/EEC (3); Whereas the list of cases provided for in Annex I where bentonite/montmorillonite may, without interaction risk, be mixed with antibiotics, coccidiostats and other medicinal substances, should be supplemented; Whereas calcium sulphate dihydrate used as an anti-caking agent, as well as various additives belonging to the group of emulsifiers, comply, in every respect to the principles ruling the admission of additives; whereas it is desirable therefore to authorize their use throughout the Community; Whereas the investigation of various additives currently listed in Annex II and therefore authorizable at national level has not yet been completed; whereas, therefore, the period of authorization of these substances should be extended for a specific period; Whereas the use of various additives has been successfully tested in certain Member States; whereas these new uses should be provisionally authorized, at least at national level until such time as it is permitted at Community level; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs, Article 1 The Annexes to Directive 70/524/EEC are hereby amended as set out in the Annex hereto. Article 2 Member States shall, by 30 November 1988 at the latest, bring into force the laws, regulations or administrative provisions necessary to comply with Article 1. They shall immediately inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19880396" ]
31987L0566
1987
Commission Directive 87/566/EEC amending Directive 77/535/EEC on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilizers Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilizers (1), and in particular Article 9 (2) thereof, Whereas Commission Directive 77/535/EEC (2) provides for official controls for EEC fertilizers for the purpose of checking compliance with the requirements imposed by the Community provisions concerning the quality and composition of fertilizers; whereas that Directive should be amended by adapting Annex I, 'Method of sampling for the control of fertilizers' so that fluid fertilizers can also be checked when Directive 76/116/EEC relating to fertilizers has been extended to fluid fertilizers; whereas a modification has also proved necessary for the control of ammonium nitrate (3) (4); Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the removal of technical barriers to trade in fertilizers, Article 1 The paragraphs in the Annex to this Directive are added to or substituted for those with the same numbers in Annex I to Directive 77/535/EEC. Article 2 1. Member States shall take measures necessary to comply with this Directive not later than the 31 October 1988 and 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 covered by this Directive. Article 3 This Directive is addressed to the Member States.
[ "UKSI19910973" ]
31988L0035
1987
Commission Directive 88/35/EEC of 2 December 1987 adapting to technical progress Council Directive 82/130/EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 82/130/EEC (1), and in particular Article 7 thereof, Whereas, in view of the present state of technical progress, it is necessary to adapt the content of the harmonized standards referred to in Annex A to Directive 82/130/EEC; Whereas, in order to take account of the present state of the harmonized standards, it is necessary to amend Annex B to Directive 82/130/EEC; Whereas in view of experience gained since Directive 82/130/EEC was adopted, it seems appropriate to amend Annex C thereto; Whereas the measures provided for in this Directive are in accordance with the opinion delivered by the Restricted Committee of the Safety and Health Commission for the Mining and Other Extractive Industries charged with the adaptation to technical progress of the Directive for the elimination of technical barriers to trade in the sector of electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp, Article 1 Directive 82/130/EEC is hereby amended as follows: 1. Annexes A and C are replaced by Annexes A and C to this Directive. 2. Annex B is amended in accordance with Annex B to this Directive. Article 2 1. Member States shall bring into force the necessary laws, regulations and administrative provisions in order to comply with this Directive not later than 1 January 1988. They shall forthwith inform the Commission thereof. 2. However, until 1 January 2005, Member States shall continue to apply measures provided for in Article 4 of Directive 82/130/EEC as regards electrical equipment for which conformity to the harmonized standards is attested by the certificate of conformity referred to in Article 8 of Directive 82/130/EEC, provided that the certificate has been issued before 31 December 1988. Article 3 This Directive is addressed to the Member States.
[ "UKSI19900013", "UKSI19890635" ]
31988L0077
1987
Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles Having regard to the Treaty establishing the European Economic Community, and in particular Article 100A thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992 ; whereas the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; Whereas the first programme of action of the European Communities on the protection of the environment, approved by the Council on 22 November 1973, called for account to be taken of the latest scientific advances in combating atmospheric pollution caused by gases emitted from motor vehicles and for Directives adopted previously to be amended accordingly ; whereas the third programme of action provides for additional efforts to be made to reduce considerably the present level of emissions of pollutants from motor vehicles; Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to the emission of gaseous pollutants from diesel engines for use in vehicles; Whereas those requirements differ from one Member State to another ; whereas these differences could restrict the free circulation of the products in question; whereas it is therefore necessary that all the Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to permit the implementation, for each vehicle type, of the EEC type-approval, which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (4), as last amended by Directive 87/403/EEC (5); Whereas it is desirable to follow the technical requirements adopted by the United Nations Economic Commission for Europe in its Regulation No 49 (uniform provisions concerning the approval of diesel engines with regard to the emission of gaseous pollutants), which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts; Whereas the Commission has undertaken to submit proposals to the Council, not later than the end of 1988, regarding a further reduction of the limit values for the three pollutants which are the subject of this Directive and the fixing of limit values for particulate emissions, Article 1 For the purposes of this Directive: - "vehicle" means any vehicle propelled by a diesel engine, intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles of category M1 as defined in section 0.4 of Annex I to Directive 70/156/EEC, having a total mass not exceeding 3,5 tonnes, and vehicles which run on rails, (1) OJ No C 193, 31.7.1986, p. 3. (2) Position of Parliament on 18 November 1987 (OJ No C 345, 21.12.1987, p. 61). (3) OJ No C 333, 29.12.1986, p. 17. (4) OJ No L 42, 23.2.1970, p. 1. (5) OJ No L 220, 8.8.1987, p. 44. agricultural tractors and machines and public works vehicles, - "diesel-engine type" means a diesel engine for which type-approval of a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC may be granted. Article 2 1. From 1 July 1988, no Member State may, on grounds relating to the gaseous pollutants emitted from an engine: - refuse to grant EEC type-approval, or to issue the document provided for in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval for a type of vehicle propelled by a diesel engine, or - prohibit the registration, sale, entry into service or use of such new vehicles, or - refuse to grant EEC type-approval, or to grant national type-approval for a type of diesel engine, or - prohibit the sale or use of new diesel engines, if the requirements of the Annexes to this Directive are satisfied. 2. From 1 July 1988, Member States may, on grounds relating to gaseous pollutants emitted from an engine: - refuse to grant national type-approval for a type of vehicle propelled by a diesel engine, or - refuse to grant national type-approval for a diesel-engine type, if the requirements of the Annexes to this Directive are not satisfied. 3. Until 30 September 1990, paragraph 2 shall not apply to types of vehicles propelled by a diesel engine, and to diesel-engine types if the diesel engine is described in the Annex to a type approval certificate granted before that date in accordance with Directive 72/306/EEC. 4. From 1 October 1990 Member States may, on grounds relating to gaseous pollutants emitted from an engine: - prohibit the registration, sale, entry into service and use of new vehicles, propelled by a diesel engine, or - prohibit the sale and use of new diesel engines if the requirements of the Annexes to this Directive are not satisfied. Article 3 1. The Member State which has granted type-approval of a type of diesel engine shall take the necessary measures to ensure that it is informed of any modification of a part or characteristic referred to in section 2.3 of Annex I. The competent authorities of that Member State shall decide whether fresh tests should be carried out on the modified engine and a fresh report drawn up. Where the tests reveal failure to comply with this Directive, the modification shall not be approved. 2. The Member State which has granted type-approval of a vehicle type in respect of its diesel engine shall take the necessary measures to ensure that it is informed of any modification of such vehicle type as regards the engine installed. The competent authorities of that Member State shall decide whether after such a modification, measures in application of Directive 70/156/EEC, especially of Article 4 or of Article 6 thereof, must be taken. Article 4 The modifications necessary for adapting the requirements of the Annexes so as to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC. Article 5 1. Member States shall bring into force the laws, - regulations, and administrative provisions necessary to comply with the Directive by 1 July 1988. They shall forthwith inform the Commission thereof. 2. As soon as this Directive has been notified, Member States shall also ensure that the Commission is informed, in sufficient time for it to submit its comments of any draft major laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive. Article 6 Not later than the end of 1988, the Council will consider, on the basis of a proposal from the Commission, a further reduction of the limit values for the three pollutants concerned by this Directive and the fixing of limit values for particulate emissions. Article 7 This Directive is addressed to the Member States.
[ "UKSI19881103" ]
31988L0076
1987
Council Directive 88/76/EEC of 3 December 1987 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from the engines of motor vehicles Having regard to the Treaty establishing the European Economic Community, and in particular Article 100A thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992 ; whereas the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; Whereas the first programme of action of the European Communities on the protection of the environment, approved by the Council on 22 November 1973, called for account to be taken of the latest scientific advances in combating atmospheric pollution caused by gases emitted from motor vehicles and for Directives adopted previously to be amended accordingly ; whereas the third programme of action provides for additional efforts to be made to reduce considerably the present level of emissions of pollutants from motor vehicles; Whereas Directive 70/220/EEC (4) lays down the limit values for carbon monoxide and unburnt hydrocarbon emissions from such engines ; whereas these limit values were first reduced by Directive 74/290/EEC (5) and supplemented, in accordance with Directive 77/102/EEC (6), by limit values for permissible emissions of nitrogen oxides ; whereas the limit values for these three pollutants were successively reduced by Directives 78/665/EEC (7) and 83/351/EEC (8); Whereas the work undertaken by the Commission in connection with its policy of pursuing a comprehensive approach to the development of rules for the motor vehicle industry has shown that the European industry already has available, or is currently perfecting, engine technology which will allow a further reduction in limit values ; whereas during the period under consideration such a reduction will not jeopardize the aims of Community policy in other fields, and in particular in that of the rational use of energy; (1) OJ No C 178, 6.7.1984, p. 9, OJ No C 318, 29.11.1984, p. 6, and OJ No C 257, 28.9.1987, p. 1. (2) Opinion published in OJ No C 12, 14.1.1985, p. 65, and OJ No C 190, 20.7.1987, p. 180, and position of Parliament on 18 November 1987 (OJ No C 345, 21.12.1987, p. 59). (3) OJ No C 25, 28.1.1985, p. 46. (4) OJ No L 76, 6.4.1970, p. 1. (5) OJ No L 159, 15.6.1974, p. 61. (6) OJ No L 32, 3.2.1977, p. 32. (7) OJ No L 223, 14.8.1978, p. 48. (8) OJ No L 197, 20.7.1983, p. 1. Whereas it is necessary to promote innovation and industrial competitiveness respectively on the internal market and on foreign markets ; whereas it is necessary that the Community adopt measures on vehicle emissions ; whereas they should at the same time respect a high level of environmental protection and make it possible to achieve values adapted to European conditions so that their ultimate effect on the environment is equivalent to that of the standards for vehicle emissions in force in the United States of America ; whereas to achieve this objective, it is advisable to provide for a solution which varies according to the category of vehicle engine capacity so as to allow, as far as possible, compliance with Community requirements at a reasonable cost and using different technical means ; whereas the limit values laid down for vehicles with an engine capacity of less than 1,4 litres reflect the current technical and economic conditions of European manufacturers in this section of the market ; whereas the limit values applicable in 1992/93 should be fixed in 1987; Whereas the limit values in this Directive are based on the test method laid down in Directive 70/220/EEC, but this procedure must be adapted subsequently so that it is representative not only of traffic conditions in congested urban centres but also of those outside such centres ; whereas a decision concerning such adaptation should be taken by 1987 at the latest; Whereas Article 5 of Directive 70/220/EEC refers to the possibility of adapting the provisions of the Annexes to take account of technical progress; Whereas petrol engines in all vehicles covered by this Directive should be designed to run on unleaded petrol so as to make it possible to stop the use of lead-based additives in fuels and thus make a decisive contribution to the reduction of environmental pollution by that element; Whereas it is necessary to ensure that the provisions relating to the compression-ignition engines of vehicles covered by this Directive remain compatible, in view of the specific nature of all the pollutants emitted by such engines, with subsequent changes in the provisions relating to the other pollutants emitted by such engines, referred to in Directive 72/306/EEC (1); Whereas, during the period between the adoption of European standards and the implementation of the modified European test cycle, it is desirable that vehicles which obtain type-approval in accordance with equivalent standards on Community export markets should also qualify for EEC type-approval; Whereas, with due regard for the rules of the Treaty, Member States which so wish may apply in advance the new values laid down in this Directive, on the understanding that if they do so they may not prohibit the marketing or use of vehicles, whether manufactured at home or imported, which comply with Community requirements, Article 1 Annexes I, II, III, VI and VII to Directive 70/220/EEC shall be amended in accordance with the Annex to this Directive. A new Annex IIIA shall be introduced. Article 2 1. From 1 July 1988, no Member State may, on grounds relating to air pollution by gases from an engine or to engine fuel requirements: - refuse to grant EEC type-approval, or to issue the document provided for in the second indent of Article 10 (1) of Directive 70/156/EEC (2), as last amended by Directive 87/403/EEC (3), or to grant national type-approval for a type of motor vehicle, or - prohibit the entry into service of such vehicles, where the level of gaseous pollutants emitted from this type of motor vehicle or from such vehicles and the engine fuel requirements meet the provisions of Directive 70/220/EEC, as amended by this Directive. 2. Member States may : from 1 October 1988 in the case of the types of vehicle which have an engine capacity above 2 000 cm3, (1) OJ No L 190, 20.8.1972, p. 1. (2) OJ No L 42, 23.2.1970, p. 1. (3) OJ No L 220, 8.8.1987, p. 44. from 1 October 1990 in the case of the types of vehicle which have an engine capacity below 1 400 cm3, from 1 October 1991 in the case of the types of vehicle which have an engine capacity of 1 400 to 2 000 cm3 inclusive, and from 1 October 1994 in the case of types of vehicle of the same capacity fitted with compression-ignition engines of the direct injection type, - no longer issue the document provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of motor vehicle, and - refuse national type-approval for a type of motor vehicle, which emits gaseous pollutants at levels which do not meet the requirements of the Annexes to Directive 70/220/EEC, as amended by this Directive. 3. From 1 October 1989 in the case of types of vehicle which have an engine capacity above 2 000 cm3, from 1 October 1991 in the case of types of vehicle which have an engine capacity below 1 400 cm3, from 1 October 1993 in the case of types of vehicle which have an engine capacity of 1 400 to 2 000 cm3 inclusive and from 1 October 1996 in the case of types of vehicle of the same capacity fitted with compression-ignition engines of the direct injection type, Member States may prohibit the entry into service of vehicles where the gaseous pollutants emitted from such vehicles and their engine fuel requirements do not meet the requirements of the Annexes to Directive 70/220/EEC, as amended by this Directive. Article 3 1. Member States may refuse national type-approval, EEC type-approval or the document provided for in the second indent of Article 10 (1) of Directive 70/156/EEC for a type of motor vehicle with a positive ignition engine whose engine fuel requirements do not meet the provisions of the Annexes to Directive 70/220/EEC, as amended by this Directive: - from 1 October 1988, for types of vehicle having an engine capacity greater than 2 000 cm3, except for those defined in section 8.1, - from 1 October 1989, for the other types. 2. From 1 October 1990, Member States may prohibit the entry into service of vehicles fitted with a positive ignition engine whose fuel requirements do not meet the provisions of the Annexes to Directive 70/220/EEC, as amended by this Directive, except where the manufacturer provides a certificate accepted by the technical service which issued the initial emission type-approval stating that adapting such vehicles to the new fuel requirement entails major engineering changes, namely a change in material specification of the inlet or exhaust valve seats or a reduction in the compression ratio, or an increase in the engine capacity to compensate for power loss ; in which case, such a ban is possible only from the dates laid down in Article 2 (3). Article 4 By 31 December 1987 at the latest, the Council, on a proposal from the Commission, shall: - decide on a further reduction in the limit values to be applied to vehicles with an engine capacity of less than 1400 cm3 at the latest in 1992 for the issue of new national type-approvals and 1993 for the entry of vehicles into service, - amend the test contained in Annex III to Directive 70/220/EEC in order to adapt to present conditions, in particular by the addition of non-urban driving sequences, - decide on the procedures for the entry into force of the amended test contained in Annex III and on the conditions for repealing the present Annex III and Annex IIIA to Directive 70/220/EEC, as amended by this Directive including the transitional period. Article 5 Member States shall bring into force the provisions necessary to comply with this Directive by 1 July 1988 and shall forthwith inform the Commission thereof. Article 6 This Directive is addressed to the Member States.
[ "UKSI19881103" ]
31988L0126
1987
Commission Directive 88/126/EEC of 22 December 1987 amending Directive 87/94/EEC on the approximation of the laws of the Member States relating to procedures for the control of characteristics of, limits for and resistance to detonation of straight ammonium nitrate fertilizers of high nitrogen content Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 80/876/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to straight ammonium nitrate fertilizers of high nitrogen content (1), and in particular Article 8 thereof, Having regard to Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilizers (2), and in particular Article 9 (2) thereof, Whereas the length and the technical complexity of Commission Directive 87/94/EEC (3) - the various methods of analysis and test are taken from different technological disciplines - and the number of languagues to be made to correspond reveal, after adoption of the Directive by the Commission, that a linguistic revision and some technical corrections are necessary (4); Whereas this linguistic revision and the technical corrections necessitate an extension of the time limit for complying with this Directive in the Member States, and a postponement of the date appears essential; Whereas the amendments provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the removal of technical barriers to trade in fertilizers, Article 1 Directive 87/94/EEC is hereby amended as follows: In Article 2 (1), '31 December 1987' is replaced by '30 November 1988'. Article 2 1. Member States shall take the measures necessary to comply with this Directive not later than 30 November 1988 and 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 covered by this Directive. Article 3 This Directive is addressed to the Member States.
[ "UKSI19910973" ]
31988L0095
1988
Commission Directive 88/95/EEC of 8 January 1988 amending Annex I to Council Directive 66/400/EEC on the marketing of beet seed Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed (1), as last amended by Commission Directive 87/120/EEC (2), and in particular Article 21a thereof, Whereas, in the light of the development of scientific and technical knowledge, Annex I to Directive 66/400/EEC should be amended for the reasons set out below; Whereas diseases which reduce the usefulness of seed should be at the lowest possible level; Whereas it has been established that the Community production of beet, in particular of sugar and fodder beet, is increasingly at risk from the spread of rhizomania, a disease caused by necrotic yellow vein virus; Whereas the inert matter in seed lots represents a risk for the spread of rhizomania; whereas standards in respect of the maximum content of inert matter in those types of beet seed which represent the major part of seed used in the Community should be adopted for the abovementioned reasons and in the light of the development of the seed quality normally achieved for the individual categories, respectively; Whereas, however, in the case of multigerm seed the appropriate safeguards cannot yet be defined and whereas, owing to the quantitatively reduced risk, it appears justified to postpone the establishment of additional requirements in respect of this type of seed; Whereas, nevertheless, areas in the Community which have been recognized as 'Rhizomania-free zones' under appropriate Community procedures should be effectively protected already against the risk of introducing rhizomania; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, Article 1 Annex I (B) (3) to Directive 66/400/EEC is hereby amended as follows: 1. The following is added to point (b): '(cc) In the case of seed of the category ''basic seed", the percentage by weight of inert matter shall not exceed 1,0. In the case of seed of the category ''certified seed", the percentage by weight of inert matter shall not exceed 0,5. In the case of pelleted seed of both categories, the satisfaction of the relevant condition shall be examined on samples drawn, pursuant to Article 7 (1), from processed seed which has undergone partial decortication (rubbing or grinding) but has not yet been pelleted, without prejudice to the official examination of the minimum analytical purity of the pelleted seed.' 2. The following point is added: '(c) Other special conditions: Member States shall ensure that beet seed may not be introduced into areas recognized as ''Rhizomania-free zones" under appropriate Community procedures, unless the percentage by weight of inert matter does not exceed 0,5.' Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 July 1988. Article 3 This Directive is addressed to the Member States.
[ "UKSI19891310" ]
31988L0233
1988
Tenth Commission Directive 88/233/EEC of 2 March 1988 adapting to technical progress Annexes II, III, IV and VI to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), as last amended by Directive 87/137/EEC (2), and in particular Article 8 (2) thereof, Whereas, on the basis of the information now available, certain provisionally permitted colouring agents, substances or preservatives may be definitively permitted, while others must be definitively prohibited or be permitted for a further specific period; Whereas, with a view to the protection of public health, it is necessary to prohibit the use of 3,4,5-tribromosalicylanilide, Phytolacca spp. and their preparations, retinoic acid and certain hair-dyeing substances; Whereas, with a view to the protection of public health, it is necessary to adopt provisions concerning the instruction for use and the compulsory label warnings of cosmetic products containing thioglycollic acid, its salts and esters; Whereas, on the basis of the information available, it is necessary to extend the field of application of quinolin-8-ol and bis (8-hydroxyquinolium) sulphate: Whereas, in the light of the results of the most recent scientific and technical research, the use of etidronic acid and its salts for hair care and in specific soaps may be authorized under certain conditions; Whereas it is necessary to prohibit the other uses of the preservative chlorphenesin; Whereas the measures provided for by this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Removal of Technical Barriers to Trade in the Cosmetics Sector, Article 1 Directive 76/768/EEC is hereby amended as follows: 1. In Annex II: - delete 'except as impurities of tribromosalicylanilide in accordance with the criteria laid down in Annex IV (Part 1)' in 350 and 351; - delete 'except as an impurity of hexachlorophene under the conditions provided for in Annex VI, Part 1, point 6' in 367; - add the following numbers: '373. 3,4,5-Tribromosalicylanide (tribromsalan) 374. Phytolacca spp. and their preparations 375. Tretinoin* (retinoic acid and its salts) 376. 1-Methoxy-2,4-diaminobenzene (2,4-diaminoanisole - CI 76050) 377. 1-Methoxy-2,5-diaminobenzene (2,5-diaminoanisole) 378. Colouring agent CI 12140 379. Colouring agent CI 26105 380. Colouring agent CI 42555 Colouring agent CI 42555-1 Colouring agent CI 42555-2' 2. In Annex III, Part 1: - replace Nos 2 and 51 by: 1.2.3.4.5.6 // // // // // // // a // b // c // d // e // f // // // // // // 1.2.3.4 // '2a // Thioglycollic acid and its salts // (a) Hair waving or straightening products: // // // // - general use // - 8 % ready for use pH 7 to 9,5 // // // - professional use // - 11 % ready for use pH 7 to 9,5 // // // (b) Depilatories // - 5 % ready for use pH 7 to 12,7 // // // (c) Other hair-care products which are removed after application // - 2 % ready for use pH to 9,5 The abovementioned percentages are calculated as thioglycollic acid 1.2 // (a) (b) (c): The directions for use drawn up in the national or official language(s) must obligatorily incorporate the following sentences: - Avoid contact with eyes - In the event of contact with eyes, rinse immediately with plenty of water and seek medical advice - Wear suitable gloves (a) and (c) only) // (a): - Contains thioglycolate - Follow the instructions - Keep out of reach of children - For professional use only (b) and (c): - Contains thioglycolate - Follow the instructions - Keep out of reach of children 1.2.3.4 // 2b // Thioglycollic acid esters // Hair waving or straightening products: // // // // - general use // - 8 % ready for use pH 6 to 9,5 // // // - professional use // - 11 % ready for use pH 6 to 9,5 // // // // The abovementioned percentages are calculated as thioglycollic acid 1.2 // The directions for use drawn up in the national or official language(s) must obligatorily incorporate the following sentences: - May cause sensitization in the event of skin contact - Avoid contact with eyes - In the event of contact with eyes, rinse immediately with plenty of water and seek medical advice - Wear suitable gloves // - Contains thioglycolate - Follow the instructions - Keep out of reach of children - For professional use only' 1.2.3.4.5.6 // // // // // // // '51 // Quinolin-8-ol and bis (8-hydroxy-quinolium) sulphate // Stabilizer for hydrogen peroxide in rinse-off hair-care preparations // 0,3 % calculated as base // // // // // Stabilizer for hydrogen peroxide in non-rinse-off hair-care prepar- ations // 0,03 % calculated as base' // // // // // // // // - add Nos 53 and 54: 1.2.3.4.5.6 // // // // // // // a // b // c // d // e // f // // // // // // 1.2.3.4.5.6.7 // '53 // Etidronic acid and its salts (1-hy- droxyethylidene- di-phosphonic acid and its salts) // (a) Hair-care (b) Soap // 1,5 % 0,2 % // expressed as etidronic acid // // Contains etidronic acid // // // // // // // // 54 // 1-Phenoxy-propan- 2-ol // - Rinse-off products only - Prohibited in oral hygiene products // 2 % // // As a preservative, see Annex VI, Part 1, No 43' // // // // // // // // 3. In Annex III, Part 2: (a) add the colouring agent Acid Red 195, together with: - colour: red, - field of application: 3; (b) delete 13065 4. Annex IV, Part 1 is hereby amended as follows: (a) replace '31. 12. 1987' by '31. 12. 1989' in column (g) for the following numbers: - No 2, 1,1,1-trichloroethane, - No 4, 2,2dithiobis (pyridine 1-oxide), addition product with magnesium sulphate trihydrate; (b) delete Nos 3 and 5 - 3,4,5-tribromosalicylanilide and 1-phenoxypropan-2-ol 5. In Annex IV, Part 2: (a) delete Nos 12700, 44025, 73312 and Acid Red 195; (b) replace '31. 12. 1987' by '31. 12. 1988' in the 'Authorization valid until' column in the case of Nos 13065, 21110, 42535, 44045, 61554 and 73900; (c) delete the wording in the 'Other limitations and requirements' column in the case of No 13065; 6. In Annex VI - Part One: (a) add the following numbers: 1.2.3.4.5 // // // // // // a // b // c // d // e // // // // // // '41 // 2-Chloroacetamide // 0,3 % // // Contains chloro- acetamide // // // // // // 42 // Chlorhexidine (INN) and its digluconate, diacetate and dihydrochloride (+) // 0,3 % expressed as chlorhexidine // // // // // // // // 43 // 1-Phenoxypropan-2-ol // 1,0 // Only for rinse-off products' // // // // // // (b) delete the wording in column (d) in the case of substance No 19; 7. In Annex VI, Part 2: (a) delete the following numbers: 7. 5-Bromo-5-nitro-1,3-dioxane, 8. Undec-10-enoic acid: esters, the amide, the mono- and bis (2-hydroxethyl) amides and their sulphosuccinates (+), 10. 2-Chloro-N (hydroxymethyl) acetamide, 11. Pyrithione aluminium camsilate (INNM), 14. 1-Phenoxypropan-2-ol, 18. Hexetidine (INN) (+), 22. 2-Chloroacetamide, 23. 1-Dodecylguanidinium acetate (dodine - ISO) (+), 24. Chlorhexidine (INN) and its digluconate, diacetate and dihydrochloride (+); (b) in the case of No 2, chlorphenesin, delete the symbol (+) in column (b), replace 0,5 % by 0,3 % for the concentration value in column (c) and replace '31. 12. 1987' by '31. 12. 1989' in column (f); (c) replace '31. 12. 1987' by '31. 12. 1988' in column (f) in the case of the following number: 16. Benzalkonium chloride (INN), bromide and saccharinate (+); (d) replace '31. 12. 1987' by '31. 12. 1989' in column (f) in the case of No 17, 1-[1,3-bis (hydroxymethyl)2,5-dioxoimidazolidin-1-yl]-1,3-bis (hydroxymethyl) urea; (e) in the case of No 21, benzylformal, replace the name in column (b) by Benzylhemiformal and replace '31. 12. 1987' by '31. 12. 1989' in column (f). Article 2 1. Without prejudice to the authorization dates referred to in Article 1 (4), (5) and (7), Member States shall take the necessary measures to ensure that, from 1 January 1989 in the case of the substances referred to in Article 1 (1), and from 1 January 1990 in the case of the substances referred to in Article 1 (2), (3), (6) and (7), neither manufacturers nor importers established in the Community place on the market products which do not satisfy the requirements of this Directive. 2. Member States shall take the necessary measures to ensure that the products referred to in paragraph 1 containing the substances referred to in Article 1 (1) and the substances referred to in Article 1 (2), (3), (6) and (7) can no longer be sold or disposed of to the final consumer after 31 December 1989 and 31 December 1991, respectively. Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive not later than 30 September 1988. 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 its Directive. Article 4 This Directive is addressed to the Member States.
[ "UKSI19882121" ]
31988L0166
1988
Council Directive 88/166/EEC of 7 March 1988 complying with the judgment of the Court of Justice in Case 131/86 (annulment of Council Directive 86/113/EEC of 25 March 1986 laying down minimum standards for the protection of laying hens kept in battery cages) Having regard to the Treaty establishing the European Economic Community and in particular Article 176 thereof, Whereas, in its judgment of 23 February 1988 (1), the Court of Justice of the European Communities declared void Council Directive 86/113/EEC of 25 March 1986 laying down minimum standards for the protection of laying hens kept in battery cages owing to certain textual amendments made to the notified version of that act following its adoption; Whereas, pursuant to Article 176 of the Treaty, the Institution whose act has been declared void is required to take the necessary measures to comply with the judgment of the Court of Justice; whereas it is sufficient for that purpose to confirm the text of the Directive declared void, as adopted by the Council, Article 1 The text of Directive 86/113/EEC laying down minimum standards for the protection of laying hens kept in battery cages shall be deemed adopted in the form given in the Annex hereto. Article 2 This Directive is addressed to the Member States.
[ "UKSI19872020", "UKSI19942126" ]
31988L0146
1988
Council Directive 88/146/EEC of 7 March 1988 prohibiting the use in livestock farming of certain substances having a hormonal action Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas the administration to farm animals of certain substances having a hormonal action is at present regulated in different ways in the Member States; whereas while their immediate effect on animals from the farmer's point of view is clear, assessments of their effect on human health vary and this is reflected in the regulations governing their use; whereas this divergence distorts the conditions of competition in products that are the subject of common market organizations and is a serious barrier to intra-Community trade; Whereas these distortions of competition and barriers to trade must therefore be removed by ensuring that all consumers are able to buy the products in question under largely identical conditions of supply and that these products correspond to their anxieties and expectations in the best possible manner; whereas such a course of action is bound to bring about an increase in consumption of the product in question; Whereas the use of hormonal substances for fattening purposes should therefore be prohibited; whereas the use of certain substances for therapeutic purposes may be authorized but must be strictly controlled in order to prevent any misuse of them; Whereas, furthermore, since it would be difficult to be certain of correct operation of the scheme as a whole if animals so treated and the meat from such animals were to be traded, this should as a general rule be prohibited; whereas, however, derogations from this rule may be allowed where satisfactory guarantees can be provided; Whereas as part of the adoption of harmonized rules in the Community arrangements for importation from third countries that offer equivalent guarantees should be introduced; whereas these guarantees can be required under Directives 72/462/EEC (3) and 85/358/EEC (4); Whereas in order to ensure that the provisons of this Directive can be implemented effectively the latest date for introduction of the provisions of Directive 85/358/EEC should be made to fall before that for introduction of the provisions of this Directive; whereas Community control measures should ensure uniform application in all Member States of the rules applicable on administration of substances having a hormonal or thyrostatic action, Article 1 For the purposes of implementation of this Directive the definitions of meats and of farm animals given in Article 1 of Directive 81/602/EEC (5) shall apply. For the purposes of implementation of this Directive and of Directive 81/602/EEC 'therapeutic treatment' shall mean the administering to an individual farm animal of any of the substances authorized in Article 3 of this Directive to treat a fertility problem diagnosed, on examination, by a veterinarian. Such therapeutic treatment shall be prohibited for animals intended for fattening. Article 2 Without prejudice to Article 4 of Directive 81/602/EEC, Member States may not authorize any derogation from Article 2 of the said Directive. However, the administering to farm animals for therapeutic purposes of oestradiol-17-ss, testosterone and progesterone and those derivatives which readily yield the parent compound on hydrolysis after absorption at the site of application may be authorized. Article 3 For the purposes of implementation of this Directive: (a) there shall be established, after the Committee for Veterinary Medicinal Products has given its opinion on the measures provided for in the first two indents and in accordance with the procedure laid down in Article 8: - a list of the products containing as active substances the substances referred to in Article 2 and satisfying the relevant principles and criteria of Directive 81/851/EEC (1) and 81/852/EEC (2) that may be authorized by the Member States, - the conditions of use of these products, in particular the waiting period necessary and detailed provisions concerning the control of these conditions of use, - the means of identification of animals. Pending the decisions referred to in the first subparagraph, products which have already received authorization to be placed on the market shall continue to be authorized. Products authorized pursuant to the above provisons shall be subject to the rules of Articles 24 to 50 of Directive 81/851/EEC, with the exception of those which relate to national marketing authorizations; (b) products used for therapeutic treatment may be administered only by a veterinarian, in the form of an injection - to the exclusion of implantation - to farm animals which have been clearly identified. Treatment of identified animals must be registered by the veterinarian. An animal which has been treated may not be slaughtered before expiry of the period fixed pursuant to the provisions set out in (a); (c) any decision on the possible inclusion in the group of substances referred to in Article 2 of any new substance having a direct or indirect oestrogenic, androgenic or gestagenic action shall be taken by the Council acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty. Any new substance must, in order to be able to be subject to such a decision, satisfy the relevant principles and criteria of Directives 81/851/EEC and 81/852/EEC. Article 4 The Member States shall prescribe that undertakings producing substances having a thyrostatic, oestrogenic, androgenic or gestagenic action and those authorized for whatever purposes to market those substances, and undertakings producing pharmaceutical and veterinary products based on those substances, must keep a register detailing, in chronological order, quantities produced or acquired and those sold or used for the production of pharmaceutical and veterinary products. Article 5 Member States must ensure, that no animals are dispatched from their territory to that of another Member State which have had administered to them in any way whatsoever substances with a thyrostatic, oestrogenic, androgenic or gestagenic action, and that no meat from such animals is dispatched. They shall reserve the Community stamp for meat from untreated animals. With effect from the date of notification of this Directive and until the measures adoped pursuant to Article 2 and 6 are applicable: - national provisions governing produce intended for Member States' domestic markets shall not be affected, - Member States which prohibit the use of the substances referred to in Article 5 of Directive 81/602/EEC of fattening may restrict entry into their territory to untreated fattening animals and meat from untreated fattening animals. Article 6 1. Member States shall prohibit importation from third countries of animals and of meat from animals to which have been administered in any way whatsoever substances with a thyrostatic, oestrogenic, androgenic or gestagenic action. 2. To this end the decisions to be taken for implementation of Directive 72/462/EEC, taking account of Article 13 of Directive 85/358/EEC in the case of meat and of the equivalent guarantee in the case of live animals, must be adopted before 1 January 1988. 3. Member States shall ensure that imported fresh meat coming from approved slaughterhouses in third countries in respect of which a decision within the meaning of paragraph 2 has been taken is, without prejudice to animal health measures, circulated in the Community in accordance with Article 25 of Directive 72/462/EEC. 4. National rules on substances with a hormonal action dealing with imports from third countries shall remain applicable, with due regard for the general provisions of the Treaty, until each of the decisions referred to in paragraph 2 comes into force. 5. As from 1 January 1988, Member States shall suspended imports coming from third countries in respect of which no decision within the meaning of paragraph 2 has been taken. 6. For the purposes of application of paragraphs 1 to 5, the Commission shall draw up a list of the products authorized by third countries for the therapeutic treatments referred to in Article 4 of Directive 81/602/EEC. 7. In accordance with the producedure laid down in Article 8, a control programme shall be drawn up regarding imports from third countries, to ensure that imports do not receive more favourable treatment than Community products. With regard to routine inspections, this programme: - will establish the frequency of controls on imports from each third country, - will take account of the guarantees offered by the inspection regulation of third countries. In the event of positive results, imports from third countries will be subject to systematic inspections until the situation is re-established. Article 7 The Council, acting by a qualified majority on a proposal from the Commission, may adopt derogations from Articles 5 and 6 in respect of trade in animals intended for reproduction and reproductive animals at the end of their career which, in the course of their existence, have been treated unter the provisions of Article 4 of Directive 81/602/EEC and in respect of meat from these various animals, taking into account the guarantees given. Article 8 1. Where the procedure laid down in this Article is to be used, matters shall without delay be referred by the Chairman, either on his own initiative or at the request of a Member State, to the Standing Veterinary Committee (hereinafter called 'the Committee') set up by the Council Decision of 15 October 1968. 2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by a majority of 54 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The Chairman shall not vote. 3. The Commission shall adopt the measures and implement them immediately where they are in accordance with the opinion of the Committee. Where they are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall immediately submit to the Council a proposal on the measures to be taken. The Council shall act by a qualified majority. If within three months of the date on which a matter was referred to it the Council has not adopted any measures, the Commission shall adopt the proposed measures and implement them immediately, save where the Council has decided against the measures by a simple majority. Article 9 The measures necessary to ensure the transition to the final arrangements extending the ban laid down in Article 2 to domestic production may be adopted in accordance with the procedure laid down in Article 8 during a maximum period of one year. Article 10 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply: - with Directive 85/358/EEC, by 1 January 1987 at the latest; - with this Directive, by 1 January 1988 at the latest. They shall immediately inform the Commission thereof. Article 11 This Directive is addressed to the Member States.
[ "UKSI19880848" ]
31988L0295
1988
Council Directive 88/295/EEC of 22 March 1988 amending Directive 77/62/EEC relating to the coordination of procedures on the award of public supply contracts and repealing certain provisions of Directive 80/767/EEC Having regard to the Treaty establishing the European Economic Community, and in particular Article 100A thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the measures aimed at progressively establishing the internal market during the period up to 31 December 1992 need to be taken; whereas the internal market consists of an area without internal frontiers in which free circulation of goods, persons, services and capital is guaranteed; Whereas successive European Councils, from Brussels on 29 and 30 March 1985 to London on 5 and 6 December 1986, have drawn conclusions concerning the internal market; Whereas the White Paper on the completion of the internal market fixes in particular a timetable and an action programme for the opening up of public supply contracts; Having regard to the report on the application of Directive 77/62/EEC (4), as last amended by the Act of Accession of Spain and Portugal and Directive 80/767/EEC (5), submitted by the Commission to the Council on 14 December 1984 in reply to the Council resolution of 21 December 1976; Whereas it is necessary to improve and extend the scope of the Directives by increasing the transparency of procedures and practices for the award of public supply contracts, and to make possible stricter enforcement of the prohibition of restrictions on the free movement of goods, which constitutes the basis of these Directives; Whereas it is necessary to amend these Directives in order to incorporate changes to the GATT Agreement on Government Procurement of December 1986; Whereas it is necessary to develop the conditions of effective competition for public supply contracts and the economic, budgetary and industrial benefits which result from it; Whereas it is necessary to that end to define the extent of the exemptions by sector in order to ensure, in view of the divergent interpretations, that the imbalances in the application of the Directives between Member States do not increase; Whereas the arrangements applicable to contracts awarded by contracting authorities in the defence sector need to be clarified by reference to the provisions of the Treaty; Whereas it is appropriate to lay down the applicable thresholds, including the GATT-related threshold, in a single provision; Whereas the open procedure best assures the establishment of equal conditions for participating in public contracts in all the Member States; whereas it is necessary to make the use of this procedure the rule, with the use of other procedures requiring a justification and the establishment of reports relating to it; Whereas in order to limit the use of the single-tender procedure it is appropriate to create a negotiated procedure, which already exists in the practice of certain Member States, and in addition to define the conditions where extreme urgency can be invoked and the period during which additional deliveries can be carried out; Whereas the negotiated procedure shall be considered as exceptional and therefore only be applied in certain specified cases; Whereas it is necessary to adapt the common rules in the technical field to the new Community policy in respect of standardization; Whereas all the operations and procedures related to the supply activities of the contracting authorities should be made more transparent; whereas to this end it is appropriate that the public buyers make known their purchasing programmes by means of advance information notices at Community level and that contracting authorities which use non-competitive tendering should permit other potential suppliers to establish and show their interest in such purchases and that information on the conditions under which contracts have been awarded should also be made public by the same method in order to stimulate more interest and participation on the part of a greater number of suppliers at Community level in public supply contracts; Whereas it is necessary to fix certain time limits in order to avoid delays in the transmission of advance information notices and notices on contracts awarded; Whereas the time limits for the receipt of requests for participation and tenders in the framework of public supply contracts should be extended in order to improve access and participation by a greater number of suppliers; Whereas it is desirable for national provisions on the award of public supply contracts in favour of regional development to be included in the Community's objectives; Whereas the Kingdom of Spain has recently adopted internal legislation to implement Directive 77/62/EEC; whereas, since further changes at this stage would adversely affect the adaptation of the private sector in that country, it is appropriate to allow the Kingdom of Spain additional time to implement the present Directive in its entirety; Whereas the Portuguese Republic needs a transitional period for similar reasons; Whereas the Hellenic Republic is in the process of adapting the national law to Directive 77/62/EEC and the incorporation at this stage of further Community rules would adversely affect the public supply contract sector, in particular with regard to certain economically significant factors, such as stability, transparency and the maintenance, in the medium term, of trading conditions; Whereas, following the conclusions of the said European Councils and of the White Paper, and having regard to the said report, Directive 77/62/EEC should be amended and certain provisions of Directive 80/767/EEC repealed, TITLE I Amendments to Directive 77/62/EEC Article 1 Directive 77/62/EEC is hereby amended in accordance with the provisions of this Title. Article 2 In Article 1: 1. Point (a) is replaced by the following: ´(a) ´´public supply contracts'' shall be contracts for pecuniary interest concluded in writing involving the purchase, lease, rental or hire purchase, with or without option to buy, of products between a supplier (a natural or legal person) and one of the contracting authorities defined in (b) below. The delivery of such products may in addition include siting and installation operations.' 2. The following points are added: '´(d) ´´open procedures'' are those national procedures whereby all interested suppliers can present an offer; '´(e) ´´restricted procedures'' are those national procedures whereby only those suppliers invited by the contracting authorities may submit tenders; '´(f) ´´negotiated procedures'' are those national procedures whereby contracting authorities consult suppliers of their choice and negotiate the terms of the contract with one or several of them.' Article 3 In Article 2: 1. Paragraph 1 is deleted. 2. Paragraph 2 is replaced by the following: ´2. This Directive shall not apply to: (a) public supply contracts awarded by carriers by land, air, sea or inland waterway; (b) public supply contracts awarded by contracting authorities in so far as those contracts concern the production, transport and distribution of drinking water or those contracting authorities whose principal activity lies in the production and distribution of energy, nor to those contracting authorities whose principal activity is to offer telecommunications services; (c) supplies which are declared secret or when their delivery must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in the Member State concerned or when the protection of the basic interests of that State's security so require.' Article 4 The following Article is inserted: ´Article 2a Without prejudice to Articles 2, 3 and 5 (1), this Directive shall apply to all products within the meaning of Article 1 (a), including those covered by contracts awarded by contracting authorities in the field of defence, except for the products to which the provisions of Article 223 (1) (b) of the Treaty apply.' Article 5 Article 4 is deleted. Article 6 Article 5 is replaced by the following: ´Article 5 1. (a) Titles II, III and IV and Article 6 shall apply to public supply contracts: - awarded by the contracting authorities referred to in Article 1 (b) including contracts awarded by the contracting authorities in the field of defence listed in Annex I to Directive 80/767/EEC, in so far as the products not listed in Annex II to the said Directive are concerned, provided that the estimated value net of VAT is not less than 200 000 ECU, - awarded under the terms and conditions of Directive 80/767/EEC by the contracting authorities listed in Annex I to the said Directive and whose estimated value net of VAT is not less than 130 000 ECU; in the case of contracting authorities in the field of defence, this shall apply only to contracts involving products covered by Annex II to the said Directive; (b) the Directive shall apply to public supply contracts for which the estimated value equals or exceeds the threshold concerned at the time of publication of the notice in accordance with Article 9 (2); (c) the value of the thresholds in national currencies and the threshold of the GATT Agreement expressed in ECU shall in principle be revised every two years with effect from 1 January 1988. The calculation of these values shall be based on the average daily values of these currencies expressed in ECU and of the ECU expressed in SDRs over the 24 months terminating on the last day of October immediately preceding the 1 January revision. These values shall be published in the Official Journal of the European Communities at the beginning of November; (d) the method of calculation laid down in subparagraph (c) shall be examined, on the Commission's initiative, by the Advisory Committee for Public Contracts, in principle two years after its initial application. 2. In the case of contracts for the lease, rental or hire purchase of products, the basis for calculating the estimated contract value shall be: - in the case of fixed-term contracts, where their term is 12 months or less, the total contract value for its duration, or, where their term exceeds 12 months its total value including the estimated residual value, - in the case of contracts for an indefinite period or in cases where there is doubt as to the duration of the contracts, the monthly value multiplied by 48. 3. In the case of regular supply contracts or of contracts which are to be renewed within a given time, either the aggregate cost of similar contracts concluded over the previous fiscal year or 12 months adjusted, where possible, for anticipated changes in quantity or value over the subsequent 12 months or the estimated aggregate cost during the 12 months following first delivery or during the term of the contract where this is greater than 12 months must be taken as the basis for the application of paragraph 1. The selection of the valuation method shall not be used with the intention of avoiding the application of this Article. 4. If a proposed procurement of supplies of the same type may lead to contracts being awarded at the same time in separate parts, the estimated value of the total sum of these parts must be taken as the basis for the application of paragraphs 1 and 2. 5. In the cases where a proposed procurement specifies option clauses, the basis for calculating the estimated contract value shall be the highest possible total of the purchase, lease, rental, or hire-purchase permissible, inclusive of the option clauses. 6. No procurement requirement for a given quantity of supplies may be split up with the intention of avoiding the application of this Article.' Article 7 Article 6 is replaced by the following text: ´Article 6 1. In awarding public supply contracts the contracting authorities shall apply the procedures laid down in Article 1 (d), (e) and (f), adapted to this Directive, in the cases set out below. 2. The contracting authorities may award their supply contracts using the restricted procedure in justified cases. Such justification may inter alia be constituted by: - a need to maintain a balance between contract value and procedural costs, - the specific nature of the products to be procured. 3. The contracting authorities may award their supply contracts by negotiated procedure in the case of irregular tenders in response to an open or restricted procedure or in the case of tenders which are unacceptable under national provisions that are in accordance with provisions of Title IV, in so far as the original terms for the contract are not substantially altered. The contracting authorities shall in these cases publish a tender notice unless they include in such negotiated procedures all the enterprises satisfying the criteria of Articles 20 to 24 which, during the prior open or restricted procedure, have submitted offers in accordance with the formal requirements of the tendering procedure. 4. The contracting authorities may award their supply contracts by negotiated procedure without prior publication of a tender notice in the following cases: (a) in the absence of tenders in response to an open or restricted procedure in so far as the original terms of the contract are not substantially altered and provided that a report is communicated to the Commission; (b) when the articles involved are manufactured purely for the purpose of research, experiment, study or development, this provision does not extend to quantity production to establish commercial viability or to recover research and development costs; (c) when, for technical or artistic reasons, or for reasons connected with protection of exclusive rights, the goods supplied may be manufactured or delivered only by a particular supplier; (d) in so far as is strictly necessary when, for reasons of extreme urgency brought about by events unforeseeable by the contracting authorities, the time limits laid down for the open and restricted procedures cannot be met. The circumstances invoked to justify extreme urgency must not in any case be attributable to the contracting authorities; (e) for additional deliveries by the original supplier which are intended either as a partial replacement of normal supplies or installations or as the extension of existing supplies or installations where a change of supplier would oblige the contracting authority to acquire material having different technical characteristics which would result in incompatibility or disproportionate technical difficulties in operation and maintenance. The length of such contracts as well as that of recurrent contracts may, as a general rule, not exceed three years. 5. In all other cases, the contracting authorities shall award their supply contracts by the open procedure. 6. In the case of restricted or negotiated procedures, the contracting authorities shall draw up a written report which shall contain the justification for the use of that procedure and shall include at least the name and address of the contracting authority, the value, quantity and nature of products purchased, the number of requests to participate received, the number of candidates invited to submit an offer and, where applicable, the number of candidates rejected and the reasons for their rejection. The report shall also indicate in the case of the use of negotiated tender procedures the circumstances referred to in paragraphs 3 and 4 above with due justification which have led to the use of these procedures. This report, or the main features of it, shall be communicated to the Commission at its request.' Article 8 Article 7 is replaced by the following: ´Article 7 1. The technical specifications defined in Annex II shall be given in the general documents or the contractual documents relating to each contract. 2. Without prejudice to the legally binding national technical rules in so far as these are compatible with Community law, such technical specifications shall be defined by the contracting authorities by reference to national standards implementing European standards, or by reference to common technical specifications. 3. A contracting authority may depart from the principle laid down in paragraph 2, if: (a) the standards do not include provision for establishing conformity, or technical means do not exist to establish satisfactorily conformity of a product to these standards; (b) the application of paragraph 2 would prejudice the application of Council Directive 86/361/EEC of 24 July 1986 on the initial stage of the mutual recognition of type approval for telecommunications terminal equipment (6), or Council Decision 87/95/EEC of 22 December 1986 on standardization in the field of information technology and telecommunications (7) or other Community instruments in specific service or product areas; (c) use of these standards would oblige the contracting authority to acquire supplies incompatible with equipment already in use or would entail disproportionate costs or disproportionate technical difficulties, but only as part of a clearly defined and recorded strategy with a view to changeover, within a determined period, to European standards or common technical specifications; (d) the project concerned is of a genuinely innovative nature for which use of existing standards would not be appropriate. 4. Contracting authorities invoking paragraph 3 shall record, unless it is impossible, the reasons for doing so in the tender notice published in the Official Journal of the European Communities and in all cases shall record these reasons in their internal documentation and shall supply such information on request to Member States and to the Commission. 5. In the absence of European standards or common technical specifications, the technical specifications may be defined, without prejudice to the principles of equivalence and mutual recognition of national technical specifications, by reference to other documents. In this case it is appropriate to make reference in order of preference to: (a) national standards implementing international standards accepted in the country of the contracting authority; (b) other national standards of the country of the contracting authority; (c) any other standard. 6. Unless such specifications are justified by the subject of the contract, Member States shall prohibit the introduction into the contractual clauses relating to a given contract of technical specifications which mention goods of a specific make or source or of a particular process and which have the effect of favouring or eliminating certain undertakings or products. In particular, the indication of trade marks, patents, types or specific origin or production shall be prohibited; however, such an indication accompanied by the words ´´or equivalent'' shall be authorized where the subject of the contract cannot otherwise be described by specifications which are sufficiently precise and fully intelligible to all concerned. (8) OJ No L 217, 5. 8. 1986, p. 21. (9) OJ No L 36, 7. 2. 1987, p. 31.' Article 9 Article 9 is replaced by the following: ´Article 9 1. The contracting authorities listed in Annex I to Directive 80/767/EEC shall make known, as from 1 January 1989, as soon as possible after the beginning of their budgetary year, by means of an indicative notice, the total procurement by product area of which the estimated value, taking into account the provisions of Article 5 of this Directive, is equal or greater than 750 000 ECU and which they envisage awarding during the coming 12 months. The Council, acting on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, shall decide before 1 March 1990 on the extension of this obligation to the other contracting authorities covered by Article 1. 2. Contracting authorities who wish to award a public supply contract by open, restricted, or, under the conditions laid down in Article 6 (3), by negotiated procedure within the meaning of Article 1 shall make known their intention by means of a notice. 3. Contracting authorities who have awarded a contract shall make known the result by means of a notice. However, certain information on the contract award may not be published, in given cases, where release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public or private, or might prejudice fair competition between suppliers. 4. The notices referred to in paragraphs 1, 2 and 3 shall be sent as rapidly as possible by the most appropriate channels to the Office for Official Publications of the European Communities. In the case of the accelerated procedure referred to in Article 12 the notice shall be sent by telex, telegram or facsimile. (a) The notice referred to in paragraph 1 shall be sent as soon as possible after the beginning of each budgetary year; (b) the notice referred to in paragraph 3 shall be sent at the latest 48 days after the award of the contract in question. 5. The notice shall be drawn up in accordance with the models given in Annex III. 6. The notice shall be published in full in the Official Journal of the European Communities and in the TED data bank in their original language. A summary of the important elements of each notice shall be published in the other official languages of the Community, the original text alone being authentic. The Office for Official Publications of the European Communities shall publish the notices not later than 12 days after their dispatch. In the case of the accelerated procedure referred to in Article 12 this period shall be reduced to five days. 7. The notice shall not be published in the Official Journals or the press of the country of the contracting authority before the date of its dispatch and it shall mention the latter date. This publication shall not contain information other than that published in the Official Journal of the European Communities. 8. The contracting authorities must be able to supply proof of the date of dispatch. 9. The cost of publication of the notices in the Official Journal of the European Communities shall be borne by the Communities. The length of the notice shall not be greater than one page of the Journal, that is to say approximately 650 words. Each edition of the Official Journal of the European Communities which contains one or more notices shall reproduce the model notice or notices on which the published notice or notice are based.' Article 10 Article 10 (1) is replaced by the following: ´1. In open procedures the time limit for the receipt of tenders fixed by the contracting authorities shall not be less than 52 days from the date of dispatch of the notice.' Article 11 Article 11 (1), (2) and (3) is replaced by the following: ´1. In restricted procedures within the meaning of Article 1 (e) and negotiated procedures within the meaning of Article 1 (f) under the conditions laid down in Article 6 (3) the time limit for the receipt of requests to participate fixed by the contracting authorities shall not be less than 37 days from the date of dispatch of the notice. 2. The contracting authorities shall simultaneously and in writing invite all successful candidates to submit their tenders. The letter of invitation shall be accompanied by the contract documents and supporting documents. 3. In restricted procedures the time limit for receipt of offers fixed by the contracting authorities may not be less than 40 days from the date of dispatch of the written invitation.' Article 12 Article 12 (1) is replaced by the following: ´1. Where urgency renders impracticable the time limits referred to in Article 11, the contracting authorities may fix the following time limits: (a) a time limit for the receipt of requests to participate which shall not be less than 15 days from the date of dispatch of the notice; (b) a time limit for the receipt of tenders which shall not be less than 10 days from the date of the invitation to tender.' Article 13 Articles 13, 14 and 15 are deleted. Article 14 Article 19 (1) is replaced by the following: ´1. In restricted and negotiated procedures the contracting authorities shall, on the basis of information concerning the supplier's personal position and the information and formalities necessary for an appraisal of the minimum economic and technical conditions required of him, select from among the candidates with the qualifications required by Articles 20 to 24 those whom they will invite to submit a tender or to negotiate.' Article 15 In Article 21 (1), after ´in the Netherlands on the Handelsregister', the following is inserted: ´and in Portugal on the Registo Nacional das Pessoas Colectivas.' Article 16 Article 26 is replaced by the following: ´Article 26 1. This Directive shall not prevent, until 31 December 1992, the application of existing national provisions on the award of public supply contracts which have as their objective the reduction of regional disparities and the promotion of job creation in the most disadvantaged regions and in declining industrial regions, on condition that the provisions concerned are compatible with the Treaty and with the Community's international obligations. 2. Paragraph 1 shall be without prejudice to Article 25 (4).' Article 17 Article 29 is replaced by the following: ´Article 29 1. In order to allow assessment of the results of applying this Directive, Member States shall communicate a statistical report to the Commission relative to contract awards: (a) not later than 31 October of each year for the preceding year in respect of the contracting authorities listed in Annex I to Directive 80/767/EEC; (b) not later than 31 October 1991 and for the Hellenic Republic, the Kingdom of Spain and the Portuguese Republic 31 October 1995 and thereafter 31 October of each second year for the preceding year in respect of contracting authorities within the meaning of Article 1 of this Directive, excluding those listed in Annex I to Directive 80/767/EEC. 2. This report shall detail at least: (a) the number and value of contracts awarded by each contracting authority above the threshold and, in the case of contracting authorities mentioned in Annex I to Directive 80/767/EEC, the value below the threshold; (b) the number and value of contracts awarded by each contracting authority above the threshold, subdivided by procedure, product and the nationality of the supplier to whom the contract has been awarded, and in the case of negotiated procedures, subdivided in accordance with Article 6, listing the number and value of the contracts awarded to each Member State and to third countries, and in the case of Directive 80/767/EEC, the number and value of the contracts awarded to each signatory to the GATT Agreement on Government Procurement. 3. The Commission shall determine the nature of any additional statistical information, which is required in accordance with this Directive, in consultation with the Advisory Committee for Public Contracts.' Article 18 Annexes I, II and III to the Directive are replaced by Annexes I, II and III to this Directive. TITLE II Deletion of certain provisions of Directive 80/767/EEC Article 19 Articles 2, 3, 4, 5 and 6 of Directive 80/767/EEC are deleted. TITLE III Final provisions Article 20 Member States shall adopt the measures necessary to comply with this Directive by 1 January 1989 and shall forthwith inform the Commission thereof. However, with regard to the Hellenic Republic, the Kingdom of Spain and the Portuguese Republic, 1 January 1989 shall be replaced by 1 March 1992. Article 21 Member States shall communicate to the Commission the texts of the main provisions of national law, whether laws, regulations or administrative provisions, which they adopt to comply with this Directive. Article 22 This Directive is addressed to the Member States.
[ "UKSI19912679", "UKSI19912680" ]
31988L0180
1988
Council Directive 88/180/EEC of 22 March 1988 amending Directive 84/538/EEC on the approximation of the laws of the Member States relating to the permissible sound power level of lawnmowers Having regard to the Treaty establishing the European Economic Community, and in particular Article 100A thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas all the technical provisions required to determine the noise emission of lawnmowers should be brought together in one Directive; whereas it is not appropriate to exclude certain lawnmowers from the scope of this Directive because of the kind of cutting device employed; Whereas Council Directive 84/538/EEC (4) should therefore be amended accordingly, Article 1 Directive 84/538/EEC is hereby amended as follows: 1. Article 1 (3) is replaced by the following: '3. This Directive shall apply to lawnmowers as referred to in paragraph 2, except for the following: - agricultural and forestry equipment, - non-independent devices (e.g. drawn cylinders) with cutting devices actuated by the wheels or by an integrated drawing or carrier component, - multi-purpose devices, the main motorized component of which has an installed power of more than 20 kW.' 2. The following section 6.1.3 is inserted in Annex I: '6.1.3. The cutting devices of cylinder lawnmowers shall be adjusted with a cylinder/cutting edge gap specified by the manufacturer such that: - a standardized shell of paper of 80 g/m2 weight (kraft paper ISO/R4046) is cut over at least 50 % of the cutting which, or - the distance between the cylinder blades and the cutting edge is not more than 0,15 mm over the whole length of the cutting-width, or - the cutting mechanism shall be adjusted until the blades touch and then backed off until contact just ceases when the cylinder is rotating at maximum speed. The option of making use of the test method laid down in the third indent is limited to electrically powered cylinder mowers with a cutting width of less than 50 cm. Before and during the operation, the cutting device shall be lubricated with SAE 20/50 oil.' Article 2 1. The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Decision by 1 July 1991. 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 3 This Directive is addressed to the Member States.
[ "UKSI19920168" ]
31988L0183
1988
Council Directive 88/183/EEC of 22 March 1988 amending Directive 76/116/EEC in respect of fluid fertilizers Having regard to the Treaty establishing the European Economic Community, and in particular Article 100A thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilizers (4), as last amended by the Act of Accession of Spain and Portugal, laid down rules governing the marketing of solid fertilizers; whereas it has proved necessary to extend the scope of the above-mentioned Directive to cover fluid fertilizers; Whereas it is appropriate that Directive 76/116/EEC apply to both solid and fluid fertilizers and, in particular, that the designation ´EEC fertilizer' for fertilizers meeting the definition and having the composition of simple and compound fertilizers set out in this Directive should also so apply, Article 1 Directive 76/116/EEC is hereby amended as follows: 1. Article 2 is replaced by the following: ´Article 2 Member States shall take all the necessary measures to ensure that the designation ´EEC fertilizer' is used only for fertilizers belonging to one of the fertilizer types listed in Annex I and complying with the conditions laid down by this Directive and by Annexes I to III thereof.' 2. The following paragraph is added to Article 4: ´3. Fluid fertilizers may be marketed only if suitable directions are provided. These directions shall cover, in particular, storage temperature and prevention of accidents during storage.' 3. Part ´C - Fluid fertilizers' contained in the Annex to this Directive is added to Annex I. 4. The following is inserted after the second subparagraph in point 1 (c) of Annex II: ´The additional information on the fertilizing components of fluid fertilizers may be expressed in approximately equivalent terms of weight versus volume (kilograms per hectolitre or grams per litre). Quantities of a fluid fertilizer shall be expressed by mass. The expression of quantities of fluid fertilizers by volume shall be optional.' 5. The following products and tolerances are added under A. I in Annex III: ´Nitrogen fertilizer solution 0,6 % Ammonium nitrate - urea solution 0,6 %'. Article 2 1. Member States shall take the measures necessary to comply with this Directive at the latest within one year of its notification. They shall forthwith inform the Commission thereof (1). 2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive. Article 3 This Directive is addressed to the Member States.
[ "UKSI19900887" ]
31988L0220
1988
Council Directive 88/220/EEC of 22 March 1988 amending, as regards the investment policies of certain UCITS, Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investments in transferable securities (UCITS) Having regard to the Treaty establishing the European Economic Community, and in particular the third sentence of Article 57 (2) thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Article 22 (1) and (2) of Directive 85/611/EEC (4) limits the investment of UCITS assets in transferable securities from the same issuer to 5 %, a limit which may, if required, be increased to 10 %; Whereas that limit poses special problems for UCITS established in Denmark in cases where they wish to invest an appreciable proportion of their assets on the domestic bond market, since that market is dominated by mortgage credit bonds and the number of institutions issuing such bonds is very small; Whereas those mortgage credit bonds are subject in Denmark to special rules and supervision designed to protect holders and are treated under Danish legislation as equivalent to bonds issued or guaranteed by the State; Whereas Article 22 (3) of Directive 85/611/EEC derogates from paragraphs 1 and 2 of that Article in the case of bonds issued or guaranteed by a Member State and authorizes UCITS to invest in particular up to 35 % of their assets in such bonds; Whereas a similar derogation, but of a more limited extent is justified with regard to private sector bonds which, even in the absence of a State guarantee, nevertheless offer special guarantees to the investor under the specific rules applicable thereto; whereas it is necessary therefore to extend such a derogation to the totality of such bonds which fulfil jointly fixed criteria, while leaving it to the Member States to draw up the list of bonds to which they intend, where appropriate, to grant a derogation, and providing for a procedure for informing the other Member States identical to that provided for in Article 20 of Directive 85/611/EEC, Article 1 In Article 22 of Directive 85/611/EEC, the following paragraphs shall be added: '4. Member States may raise the limit laid down in paragraph 1 to a maximum of 25 % in the case of certain bonds when these are issued by a credit institution which has its registered office in a Member State and is subject by law to special public supervision designed to protect bond-holders. In particular, sums deriving from the issue of these bonds must be invested in conformity with the law in assets which, during the whole period of validity of the bonds, are capable of covering claims attaching to the bonds and which, in the event of failure of the issuer, would be used on a priority basis for the reimbursement of the principal and payment of the accrued interest. When a UCITS invests more than 5 % of its assets in the bonds referred to in the first subparagraph and issued by one issuer, the total value of these investments may not exceed 80 % of the value of the asserts of the UCITS. As laid down in Article 20 (1), Member States shall send the Commission a list of the aforementioned categories of bonds together with the categories of issuers authorized, in accordance with the laws and supervisory arrangements mentioned in the first subparagraph, to issue bonds complying with the criteria set out above. A notice specifying the status of the guarantees offered shall be attached to these lists. The procedure laid down in Article 20 (2) shall apply. 5. The transferable securities referred to in paragraphs 3 and 4 shall not be taken into account for the purpose of applying the limit of 40 % referred to in paragraph 2. The limits provided for in paragraphs 1, 2, 3 and 4 may not be combined, and thus investments in transferable securities issued by the same body carried out in accordance with paragraphs 1, 2, 3 and 4 shall under no circumstances exceed in total 35 % of the assets of an UCITS.' Article 2 The Member States shall bring into force the measures necessary to comply with this Directive by the same dates as those provided for in Directive 85/611/EEC. They shall forthwith inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKPGA19860060", "UKSI19891585", "UKSI19891586", "UKSI19891583" ]
31988L0195
1988
Commission Directive 88/195/EEC of 24 March 1988 adapting to technical progress Council Directive 80/1269/EEC on the approximation of the laws of the Member States relating to the engine power of motor vehicles Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 80/1269/EEC of 16 December 1980 on the approximation of the laws of the Member States relating to the engine power of motor vehicles (1), and in particular Article 3 thereof, whereas, in view of experience gained and of the state of the art, it is now appropriate to render more precise the test procedures laid down in Directive 80/1269/EEC, and in particular to align them with the latest developments made by the United Nations Economic Commission for Europe and the International Organization for Standardization (ISO); Whereas the provisions of this Directive were in accordance with the opinion of the Committee for the Adaptation to Technical Progress of the Directives on Motor Vehicles, Article 1 Annexes I and II to Directive 80/1269/EEC are hereby amended in accordance with the Annex to this Directive. Article 2 1. As from 1 April 1988 no Member State may, on grounds relating to engine power: - refuse, in respect of a type of vehicle, to grant EEC type-approval, or to issue the copy of the certificate provided for in the last indent of Article 10 (1) of Council Directive 70/156/EEC (2), or to grant national type-approval, or - prohibit the entry into service of vehicles where the engine power of such type of vehicle or of such vehicles has been determined in accordance with Directive 80/1269/EEC as last amended by this Directive. 2. As from 1 October 1988 Member States: - shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the engine power has not been determined in accordance with Directive 80/1269/EEC as last amended by this Directive, - may refuse to grant national type-approval of a type of vehicle of which the engine power has not been determined in accordance with Directive 80/1269/EEC, as last amended by this Directive. 3. As from 1 October 1992 Member States may prohibit the entry into service of vehicles of which the engine power has not been determined in accordance with Directive 80/1269/EEC, as last amended by this Directive. Article 3 Before 1 April 1988, Member States shall bring into force the provisions necessary in order to comply with this Directive. They shall forthwith inform the Commission thereof. Article 4 This Directive is addressed to the Member States.
[ "UKSI19881103" ]
31988L0194
1988
Commission Directive 88/194/EEC of 24 March 1988 adapting to technical progress Council Directive 71/320/EEC on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers (1), as last amended by Commission Directive 85/647/EEC (2), and in particular Article 5 thereof, Whereas in the light of the progress made in braking technology in general, and in the production of anti-lock devices in particular, it is now possible to make it compulsory to fit certain heavy vehicles and trailers with such devices meeting the corresponding specifications of this Directive with a view to increasing road safety; Whereas the provisions of this Directive are in accordance with the opinion of the Committee for the Adaptation to Technical Progress of the Directives on Motor Vehicles, Article 1 Annexes I and X to Directive 71/320/EEC are hereby amended in accordance with the Annex to this Directive. Article 2 1. As from 1 October 1988 no Member State may, on grounds relating to braking devices: - refuse, in respect of a type of vehicle, to grant EEC type-approval, or to issue the copy of the certificate provided for in the last indent of Article 10 (1) of Council Directive 70/156/EEC (3), or to grant national type-approval, or - prohibit the entry into service of vehicles where the braking devices of such type of vehicle or of such vehicles comply with the provisions of Directive 71/320/EEC, as last amended by this Directive. 2. As from 1 October 1989 Member States: - shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive, - may refuse to grant national type-approval of a type of vehicle of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive. 3. As from 1 October 1991 Member States may prohibit the entry into service of vehicles of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive. Article 3 Before 1 October 1988, Member States shall bring into force the provisions necessary in order to comply with this Directive. They shall forthwith inform the Commission thereof. Article 4 This Directive is addressed to the Member States.
[ "UKSI19881103" ]
31988L0271
1988
Fifth Commission Directive 88/271/EEC of 5 April 1988 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of harmful organisms of plants or plant products (1), as last amended by Directive 87/298/EEC (2), and in particular Article 13, second paragraph, fourth indent thereof, Whereas Directive 77/93/EEC laid down protective measures against the introduction into the Member States of organisms harmful to plants or plant products; whereas the harmful organisms concerned are listed in Annexes I and II to that Directive; Whereas it has appeared that these lists no longer reflect the current phytosanitary concerns of the Community; whereas also the results of activities of the European and Mediterranean Plant Protection Organization (EPPO) in this field need to be taken into account; Whereas therefore the relevant Annexes of Directive 77/93/EEC should be amended accordingly in the light of developments in scientific or technical knowledge; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health, Article 1 1. Annex I to Directive 77/93/EEC is hereby amended as follows: (a) in part A (a) the following items are added: 1.2 // '001 // Acleris variana (Fern.) // 01 (a) // Anomala orientalis Waterh. // 3 (a) // Erarmonia prunivora (Walsh. 1868) // 7 (b) (i) // Nacobbus aberrans (Thorne) Thorne & Allen // 7 (b) (ii) // Opogona sacchari (Bojer) // 8a // Premnotrypes spp. (non-European) // 18. // Xiphinema americanum sensu lato (non-European 1987, p. 1. (b) in (A) (c) the following item is deleted: 1.2 // '1. // Aplanobacter populi Ridé'; (c) in (A) (c) the following items are added: 1.2 // '4. // Xanthomonas populi (Ridé) Ridé and Ridé // 5. // Xylella fastidiosa (Well et al; 1987) [syn. grapevine Pierce's disease bacterium]'; (d) in (A) (d) the following items are deleted: 1.2 // '5. // Cronartium comptoniae Arthur // 6. // Cronartium fusiforme Hedge. and Hunt ex Cumm., // 8. // Endocronartium harknesii (J.P. Moore), Y. Hiratsuka [= Peridermium harknessii (J.P. Moore)] // 11. // Hypoxylon pruinatum (Klotzsche) Cke'; (e) in (A) (d) the following items are added: 1.2 // ' 5. // Cronartium spp. (non-European) // 6. // Endocronartium spp. (non-European) // 10 (a) // Gymnosporangium spp. (non-European) // 13 (a) // Monilinia fructicola (Wint.) Honey // 13 (b) // Mycosphaerella larici-leptolepis K. Ito et al. // 15 (a) // Peridermium spp. (non-European) // 15 (b) // Phoma andina Turkensteen // 15 (c) // Phyllosticta solitaria Ell. & Ev. // 16 (a) // Septoria lycopersici var. malaguttii Ciccarone & Boerema'; (f) in (B) (a) the following item is deleted: 1.2.3 // // // // '9. // Iridomyrmex humilis (Mayr) // France, Italy, Greece' (g) in (B) (a), item 4, the words 'Spain, Portugal' are added to the right-hand column; (h) in (B) (a), item 6, the word 'France' is added to the right-hand column; (i) in (B) (a), item 12, the word 'Greece' is added to the right-hand column; (j) in (B) (c) the following item is deleted: 1.2.3 // // // // '1. // Cronartium ribicola J.C. Fischer // Italy, Greece, Spain, Portugal' (k) in (B) (c), items 4 and 5 the word 'France' is added to the right-hand column; (l) in (B) (c) the following item is added: 1.2.3 // // // // '5 (aa) // Fusarium oxysporum Schlecht f.sp. albedinis (Killian & Maire) Gord. // France, Italy, Spain' 2. Annex II to Directive 77/93/EEC is hereby amended as follows: (a) in (A) (a) the following items are deleted: 1.2.3 // // // // '5. // Gracilaria azaleella Brants // Azaleas (Rhododendron L. partim) // 6. // Lampetia equestris F. // Flower bulbs and corms // 8. // Rhagoletis cerasi L. // Fruits of cherry trees (Prunus avium L. and Prunus cerasus L.)'; (b) in (A) (a), item 3 in the right-hand column after the words 'Flower bulbs' there are added the words 'of the genera Croccus L., Gladiolus Tourn. ex L., Hyacinthus L., Iris L., Tigridia Juss., and Tulipa L.'; (c) in (A) (a) the following item is added: 1.2.3 // // // // '1 (01) // Aphelenchoides besseyi Christie // Strawberry plants (Fragaria Tourn. ex L.) other than the fruits and seeds' (d) in (A) (b) the following item is deleted: 1.2.3 // // // // '5. // Pseudomonas gladioli Severini [= Pseudomonas marginata (McCull.) Stapp] // Gladioli corms (Gladiolus Tourn. ex L.) and freesia corms (Fressia Klatt.)' (e) in (A) (b), item 9 after the word 'Xanthomonas' the words 'vesicatoria (Doidge) Dye' are deleted and the words 'campestris pv. vesicatoria (Doidge 1920) Dye 1978' are added; (f) in (A) (b) the following items are added: 1.2.3 // // // // '7 (a) // Pseudomonas syringae pv. persicae (Prunier et al. 1970) Young et al. 1978 // Prunus other than fruit and seeds // 8 (aa) // Xanthomonas ampelina Panagopoulos 1969 // Vines (Vitis L. partim) other than fruit and seeds' (g) in (A) (c) the following items are deleted: 1.2.3 // // // // ' 5. // Ovulina azaleae Weiss // Azaleas (Rhododendron L. partim) // 10. // Sclerotinia bulborum (Wakk.) Rehm // Flower bulbs // 11. // Sclerotinia convoluta Drayt. // Iris rhizomes (Iris L.) // 12. // Septoria gladioli Pass. // Flower bulbs and corms // 13. // Stomatinia gladioli (Drat) Whet. // Flower bulbs and corms' (h) in (A) (c) the following items are added: 1.2.3 // // // // ' 5. // Hypoxylon pruinatum (Klotsche) Cke // Plants of Populus other than seeds intended for planting // 8 (a) // Puccinia pitteriana // Solanum spp. // 15 (a) // Verticillium dahliae // Hops (Humulus lupulus L.)' (i) in (B) (a), item 01, the word 'Portugal' is added to the right-hand column; (j) in (B) (a) the following items are added: 1.2.3.4 // // // // // '03. // Aphelenchoides bessevi Christie // Rice (Oryza spp.) seed for sowing // France, Greece, Italy, Spain, Portugal // 11 (aa) // Rhagoletis cerasi L. // Fruits of cherry trees (Prunus avium L. and Prunus cerasus L.) // United Kingdom' (k) in (B) (b) the following items are added: 1.2.3.4 // // // // // '1 (a) // Erwinia stewartii (Smith 1898) Dye 1963 // Zea mais seed for sowing // Greece, Italy, Spain, Portugal // 7. // Xanthomonas campestris pv. oryzae (Ishiyama 1922) Dye 1978 and pv. orizicola (Fang et al. 1957) Dye 1978 // Rice (Oryza spp.) seed for sowing // France, Greece, Italy, Spain, Porugal' (l) in (B) (c) the following items are deleted: 1.2.3.4 // // // // // '1. // Ascochyta chlorospora Speg. // Almond (Prunus amygdalus Batsch) intended for planting and fruit including any or all of the outer pericarp // Italy, Greece, Spain, Portugal // 3. // Cryptosporis curvispora (Pk) Gremmen // Apple (Malus pumila Mill.) // Italy, Greece' (m) in (B) (c), item 7, in the middle column after the words 'plants' there are added the words 'other than seeds'; (n) in (B) (c) the following items are added: 1.2.3.4 // // // // // '3. // Diaporthe phaseolorum var. caulivora and var. sojae // Seeds of soyabean (Glycine max (L.) Merr.) for planting // France, Greece, Italy, Spain, Portugal // 4 (b) // Phialophora gregata // Seeds of soyabean (Glycine max (L.) Merr.) for planting // France, Greece, Italy, Spain, Portugal // 6 (b) // Phytophora megasperma f. sp. glycinea // Seeds of soyabean (Glycinea max (L.) Merr.) for planting // France, Greece, Italy, Spain, Portugal // 6 (c) // Sclerotinia convoluta Drayt. // Iris rhizomes (Iris L.) // United Kingdom' 3. Annex III to Directive 77/93/EEC is hereby amended as follows: (a) in (A) the following items are added: 1.2.3 // // // // '4 (a) // Plants of Juniperus other than fruits and seeds // Non-European countries // 8. // Plants of Chaenomeles Ldl., Cydonia Mill., Crataegus L., Malus Mill., Photinia, Prunus L., Pyrus L. and Rosa L. for planting other than dormant plants free from leaves, flowers and fruit // Non-European countries // 9 (b) // Plants of the family Solanaceae other than fruits and seeds // South and Central American countries' (b) in (B) the following items are added: 1.2.3 // // // // '10 (a) // Seeds of rice (Oryza sativa L.) for planting originating in any non-European country other than Algeria, Cyprus, Egypt, Israel, Libya, Malta, Morocco, Syria, Tunisia // France, Greece, Italy, Spain, Portugal // 10 (b) // Plants of Phoenix spp. intended for planting, other than seeds, from Algeria and Morocco // France, Italy, Spain' 4. Annex IV to Directive 77/93/EEC is hereby amended as follows: (a) in (A), item 16, in the left-hand column, after the words 'Plants of' in the first line there are added the words 'Crataegus L.' and after the words 'The relevant harmful organisms are:' in the second paragraph the following indent is added: '- on Crataegus L. and Malus Mill.: Phyllosticta solitaria Ell. & Ev. (Annex I A (d) (15) (c))' (b) in (A), item 28, in the right-hand column, after the words 'Verticillium albo-atrum' there are added the words 'and Verticillium dahliae'; (c) in (A) the following items are added: 1.2.3 // // // // '14 (c) // Plants of Chaenomeles, Crataegus, Cydonia, Eriobotrya, Malus, Prunus, Pyrus intended for planting, other than seeds, from non-European countries // Official statement: - that the plants originate in a region recognized as being free from Monilinia fructicola, in accordance with the procedure laid down in Article 16, and - that no symptoms of Monilinia fructicola have been observed at the place of production since the beginning of the last complete cycle of vegetation. // 14 (d) // From 1 March to 30 September, for fresh fruits of Prunus originating in the Southern Hemispere // Official statement that: - either the fruits originate in a region recognized as being free from Monilinia fructicola, in accordance with the procedure laid down in Article 16, or // // // - the fruits have been subjected to appropriate inspection and treatment procedures prior to harvest and/or export to ensure freedom from Monilinia spp. // 16 (c) // Plants of Fragaria (Tourn.) L. intended for planting, other than seeds, originating in countries in which Aphelenchoides besseyi is known to occur // Without prejudice to the requirements applicable to plants, where appropriate, under 16 and 16 (b), official statement that: (a) either no symptoms of Aphelenchoides besseyi have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation, or // // // (b) in the case of plants in tissue culture, the plants have been derived from plants which complied with section (a) of this item or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi. (d) In (B) the following item is added: 1.2.3.4 // // // // // '19. // Seeds of rice (Oryza sativa L.) for planting originating in countries in which Aphelenchoides besseyi is known to occur // Official statement that the seeds have been officially tested by appropriate nematological tests and have been found free from Aphelenchoides besseyi // France, Greece, Italy, Spain, Portugal' Article 2 Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of this Directive by 1 January 1989. Member States shall immediately inform the Commission of all laws, regulations and administrative provisions adopted in implementation of this Directive. The Commission shall inform the other Member States thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19890553", "UKSI19890823" ]
31988L0272
1988
Sixth Commission Directive 88/272/EEC of 8 April 1988 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (1), as last amended by Directive 87/298/EEC (2), and in particular Article 13, second paragraph, first subparagraph thereof, Having regard to the requests made by Spain, Greece, France, Ireland, Italy, Portugal and the United Kingdom, Whereas Directive 77/93/EEC laid down protective measures against the introduction into the Member States of organisms harmful to plants or plant products; whereas this Directive also specified those measures which Member States shall lay down at least as regards the introduction into their territories of the plants, plant products and other objects listed in Annex V coming from third countries; Whereas certain Member States have stricter measures in respect of those plants and plant products; Whereas those stricter measures include, in the requesting Member States, certain restrictions applicable to certain products originating in a third country; Whereas, if the Annexes to the aforementioned Directive are amended appropriately, the Member States concerned could also impose the relevant restrictions where the products concerned, originating in a third country, come from other Member States; Whereas, following the intentions declared by the Commission and all Member States at the time of adoption of amending Council Directive 85/574/EEC (3), the Annexes to Directive 77/93/EEC should be amended accordingly, but only as an interim protective measure for a limited period to enable the Commission to study their phytosanitary basis case by case; Whereas during that period the Commission will study these protective measures in relation to the plant health situation existing in the various third countries concerned, in order to arrive, at the end of the period, at more permanent provisions; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health, Article 1 Annex II, part B, to Directive 77/93/EEC is hereby amended as follows: in part (a) the following are added: 1.2.3 // // // // // // // '13. Anthonomus bisignifer (Schenkling) // Plants of Fragaria L. other than fruit and seeds, originating in third countries // United Kingdom // 14. Anthonomus signatus (Say) // Plants of Fragaria L. other than fruit and seeds, originating in third countries // United Kingdom // 15. Carposina niponensis Walsingham. // Fruit of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., originating in third countries // United Kingdom // 1987, p. 1. (3) OJ No L 372, 31. 12. 1985, p. 25. // // // // // 16. Chrysomphalus aonidum L. // Plants of Malus Mill., Musa, Phoenix, Prunus L. and Pyrus L., other than seeds, originating in third countries // Greece // 17. Cryptorhynchus (Sternochetus) mangiferae // Seeds of Mangifera originating in third countries // Spain // 18. Dacus tryoni (Froggatt) // Fruit of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., originating in third countries // United Kingdom // 19. Enarmonia packardi (Zeller.) // Plants of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L. other than seeds, originating in third countries // United Kingdom // 20. Enarmonia prunivora (Walsh.) // Plants of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L. other than seeds, originating in third countries // United Kingdom // 21. Epochra canadensis (Loew) // Plants of Ribes L. other than seeds, originating in third countries // United Kingdom // 22. Grapholita inopinata Heinrich // Fruit of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., originating in third countries // United Kingdom // 23. Hyperodes bonariensis Kuschel // Seeds of Cruciferae, Graminae and Trifolium for planting, originating in Argentina, Australia or New Zealand // United Kingdom // 24. Nephopteryx pyrivorella (Matsumura) // Fruit of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., originating in third countries // United Kingdom // 25. Rhacochlaena japonica Ito. // Fruit of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., originating in third countries // United Kingdom // 26. Rhagoletis indifferens (Curran) // Plants of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., other than seeds, originating in third countries // United Kingdom // 27. Rhagoletis mendax Curran // Plants of Vaccinium L. other than seeds, originating in third countries // United Kingdom // 28. Rhagoletis ribicola (Doane) // Plants of Ribes L. other than seeds, originating in third countries // United Kingdom // 29. Saissetia coffae Walk // Ornamental plants other than seeds, originating in third countries // Greece // 30. Saissetia nigra Nieth. // Ornamental plants other than seeds, originating in third countries // Greece // 31. Spodoptera eridania (Cramer) // Plants of Dendranthema (DC) Desmoul., Dianthus caryophyllus L. and Pelargonium l'Herit, other than cut flowers, originating in third countries // Portugal, United Kingdom // // // // // 32. Spodoptora frugiperda (Smith) // Plants of Dendranthema (DC) Desmoul., Dianthus caryophyllus L. and Pelargonium l'Herit, other than cut flowers, originating in third countries // Portugal, United Kingdom // 33. Tachypterellus quadrigibbus Say. // Plants of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., other than seeds, originating in third countries // United Kingdom' in part (b) the following are added: 1.2.3 // // // // ' 3. Pseudococcus gahani // Plants of Malus Mill., Musa, Phoenix, Prunux L. and Pyrus L., other than seeds originating in third countries // Greece // 4. Pseudococcus gahani // Plants of Malus Mill., Prunus L. and Pyrus L. originating in third countries // Portugal // 5. Pseudomonas syringae pv. phaseolicola // Seeds of Phaseolus L., originating in third countries // Greece // 6. Xanthomonas campestris p.v. phaseoli // Seeds of Phaseolus L., originating in third countries // Greece, Portugal' in part (c) the following are added: 1.2.3 // // // // '8. Alternaria kikuchiana Tanaka // Fruit of Pyrus communis L., originating in third countries // United Kingdom // 9. Alternaria mali Roberts // Fruit of Malus pumila Mill., originating in third countries // United Kingdom // 10. Guignardia bidwelli (Ellis) Viala and Ravaz // Plants of Vitis L. other than seeds, originating in third countries // Portugal, United Kingdom // 11. Guignardia piricola (Nosa) Yamamoto // Fruit of Malus pumila Mill., originating in third countries // United Kingdom // 12. Mycosphaerella schoenoprasi (Auersw.) Schroet // Plants of Allium for planting other than seeds, originating in third countries // United Kingdom // 13. Plasmopara halstedii (race 3) // Seeds of Helianthus annuus L. originating in the United States of America // Spain, Portugal // 14. Plasmopara helianthii // Seeds of Helianthus L. for planting, originating in third countries // Greece // 15. Plasmopara helianthii // Seeds of Helianthus annuus L. for planting, originating in the United States of America // France // 16. Sclerotinia camelliae Hara // Plants of Camellia L. for planting other than seeds, originating in third countries // United Kingdom // 17. Ustilago allii McAlpine // Plants of Allium for planting other than seeds, originating in third countries // United Kingdom // 18. Venturia nashicola (Tanaka and Yamamoto) // Fruit of Pyrus communis L., originating in third countries // United Kingdom // 19. Verticillium albo-atrum (Reinke and Berth) // Seeds of Medicago sativa L., originating in third countries // United Kingdom' The following section is added after part (c): '(d) Viruses and virus-like pathogens 1.2.3 // // // // Species // Subject of contamination // Member State // // // // 1. Barley Stripe Mosaic virus // Seeds of Hordeum L. and Triticum L. for planting, originating in third countries // Greece // 2. Bean Mosaic virus // Seeds of Phaseolus L. for planting, originating in third countries // Greece // 3. Cadang-Cadang viroid // Plants of Palmaceae other than fruit and non-germinated seeds originating in third countries // Spain // 4. Lettuce Mosaic virus // Seeds of Lactuca sativa L. for planting, originating in third countries // Greece, Portugal, United Kingdom // 5. Palm lethal yellowing mycoplasm // Plants of Palmaceae other than fruit and non-germinated seeds originating in third countries // Spain // 6. Poplar Mosaic virus // Plants of Populus L. for planting, originating in third countries // Greece // 7. Rose Mosaic virus // Plants of Rosa L. for planting, originating in third countries // Greece // 8. Squash Mosaic virus // Seeds of Cucurbitae originating in third countries // Greece // 9. Tobacco Mosaic virus // Seeds of Solanum lycopersicum and Capsicum annuum L. for planting, originating in third countries // Greece' // // // Article 2 In Annex IV, part B, to Directive 77/93/EEC, the following is added: 1.2.3 // // // // '19. Plants of Phoenix, other than fruit and non-germinated seeds originating in third countries // Official statement that the country of origin is known to be free from Fusarium oxysporum f. sp. albedenis // Spain // 20. Plants of Palmaceae, other than fruit and non-germinated seeds, originating in third countries // Official statement that the country of origin is known to be free from Palm lethal yellowing mycoplasm and Cadang-Cadang viroid // Spain // 21. Seeds of Helianthus annuus for planting originating in the United States of America // Official statement that the region of production is known to be free from race 3 of Plasmopara halstedii // Spain, Portugal // 22. Seeds of the genus Mangifera originating in third countries other than those from the American continent // Official statement that the country of origin is known to be free from Cryptorhynchus (Sternochetus) mangiferae // Spain // 23. Plants of Prunus L., Ribes L. and Rubus L. originating in third countries // Prior acquisition of a technical authorization for import delivered by the ''Ministère français de l'agriculture (Service de la protection des végétaux)" // France // // (1) OJ No L 26, 31. 1. 1977, p. 20. (2) OJ No L 151, 11. 6. 1.2.3 // // // // // // // 24. Plants of all species, varieties (or cultivars) of the following genera: - Chaenomeles - Cydonia - Malus - Sorbus - Stranvaesia - Cotoneaster - Pyracantha - Pyrus originating in authorized third countries, other than those species and cultivars prohibited for importation into France // Prior acquisition of a technical authorization for import delivered by the "Ministère français de l'agriculture (Service de la protection des végétaux)": - importation possible from 1 November to 15 April of the following year for countries of origin situated in the northern hemisphere (including Colombia, Uganda and Somalia) - importation possible from 16 April to 31 October for countries of origin situated in the Southern hemisphere (including Brazil, Congo, Equador, Gabon, Indonesia, Kenya, Zaire) // France // 25. Seeds of Helianthus annuus for planting, originating in the United States of America // Official statement that the lots have received a specific treatment against Plasmopara helianthii // France // 26. Vegetables other than those already covered in Annex IV B, item 14, originating in third countries // Inspection prior to sending and phytosanitary certificate // Ireland // 27. Aquarium plants originating in third countries // Inspection prior to sending and phytosanitary certificate // Ireland, United Kingdom // 28. Trees and shrubs other than seeds, originating in third countries // Official statement that the plants: - are clean (i.e. free from plant debris and other signs and symptoms of harmful organisms), and - have undegone appropriate treatment for the control of harmful organisms // Ireland // 29. Deciduous trees and shrubs other than seeds, originating in third countries // Official statement that the plants are dormant and free from foliage and fruit // Ireland // 30. Plants of Chrysanthemum, Dianthus and Pelargonium, originating in third countries // Official statement that: - the country of origin is free from Helicoverpa armigera, Spodoptera littoralis and Spodoptera litura, or - the plants have undergone appropriate treatment to protect them from these organisms // Ireland // 31. Cut flowers of Dendranthema, originating in third countries // Official statement that the area of production is free from Puccinia horiana // Ireland Article 3 Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive. Member States shall immediately inform the Commission of all laws, regulations and administrative provisions adopted in implementation of this Directive. The Commission shall inform the other Member States thereof. Article 4 This Directive shall apply until 31 December 1989. Article 5 This Directive is addressed to the Member States.
[ "UKSI19890553" ]
31988L0228
1988
Commission Directive 88/228/EEC of 8 April 1988 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 87/552/EEC (2), and in particular Article 7 thereof, Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; whereas the Annexes were consolidated by Commision Directive 85/429/EEC (3); Whereas canthaxanthin used as a colouring matter in feedingstuffs for trout and salmon complies under the conditions of use prescribed with the principles governing the admission of additives; whereas it is desirable therefore to authorize this use of canthaxanthin throughout the Community; Whereas the Vitamin A content of certain feedingstuffs should in certain cases be limited to avoid the possible unfavourable effects that excessive ingestion of this additive could have on health; Whereas new uses of the antibiotics avoparcin and virginiamycin have been successfully investigated in certain Member States; whereas it is desirable to authorize these new uses provisionally at national level, pending their authorization at Community level; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs, Article 1 The Annexes to Directive 70/524/EEC are hereby amended as set out in the Annex hereto. Article 2 Member States shall, by 16 May 1988 at the latest, bring into force the laws, regulations or administrative provisions necessary to comply with Article 1. They shall immediately inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19892014" ]
31988L0218
1988
Council Directive 88/218/EEC of 11 April 1988 amending Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Directive 85/3/EEC (4) requires a maximum authorized width of 2 500 mm for all vehicles; Whereas the transport of goods under temperature-controlled conditions requires the use of special vehicles which are equipped with insulated walls; Whereas extra internal space is required for air circulation and to ensure that the load is prevented from touching the walls; whereas, in the present state of insulation technology, insulated walls should be at least 45 mm thick; whereas it is therefore impossible to use efficiently standard pallets with dimensions of 1 200 × 800 mm and also to comply with a maximum authorized width of 2 500 mm; Whereas therefore the maximum permitted width of 2 500 mm as laid down in Directive 85/3/EEC should be increased for the category of 'refrigerated vehicles' only, Article 1 Directive 895/3/EEC amended as follows: 1. the following indent shall be inserted as the fifth indent of Article 2: '- thick-walled refrigerated vehicle' means any vehicle whose or movable superstructures are specially equipped for the carriage of goods at controlled temperatures in accordance with Classes B, C, E and F of the Agreement of 1 September 1970 on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (ATP) and whose side walls, inclusive of insulation, are each at least 45 mm thick;' 2. Section 1.2. of Annex I shall be replaced by the following: '1.2. Maximum width: 1.2 // (a) all vehicles // 2,50 m // (b) refrigerated superstructures of thick-walled refrigerated vehicles // 2,60 m.' Article 2 Member States shall take the measures necessary to comply with this Directive not later than 1 January 1989. They shall forthwith inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19881871" ]
31988L0288
1988
Council Directive 88/288/EEC of 3 May 1988 amending Directive 64/433/EEC on health problems affecting intra- Community trade in fresh meat Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regartd to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas, as long as intra-Community trade is hindered by differences between the health requirements of Member States concerning meat, the harmonious functioning of the common market and in particular of the relevant common organization of markets will not have the desired effect and trade distortions could arise; Whereas Council Directive 64/433/EEC (4), as last amended by Regulation (EEC) No 3805/87 (5), established the basis for this approximation, but some points have still to be harmonized; Whereas, for this purpose, it is desirable to harmnonize the additional requirements with which frozen meat must comply and lay down the hygiene rules for intra-Community trade in sliced offal; Whereas it may be necessary to adopt other examinations in the framework of ante- and post-mortem health inspection in order to take account of particular local situations; whereas those requirements should be determined in accordance with a Community procedure within the framework of the Standing Veterinary Committee, Article 1 Directive 64/433/EEC is hereby amended as follows: 1. The following sentences shall be added to Article 3 (1) (C): 'Offal may not be sliced except for livers of animals of the bovine species where such livers are sliced in an approved cutting plant. The extension of this derogation to livers of animals of other species may be decided by the Council acting by a qualified majority on a Commission proposal.'. 2. Article 3 (1) (D) shall be replaced by the following: 'D. Fresh meat which has been stored, in accordance with this Directive in a cold store approved by a Member State and which has not thereafter undergone any handling, except in connection with storage, must: (a) meet the requirements of sections A (c), (e), (g), (h), B and C or be fresh meat imported from third countries, in accordance with Community regulations, (b) be accompanied by a certificate which corresponds to the model in Annex II during transportation to the country of destination. This certificate shall be drawn up by the official veterinarian on the basis of the health certificates attached to the consignments of fresh meat when they were put into storage and must, in the case of importation, state the origin of the fresh meat.' 3. The following section shall be added to Article 3 (1): E. Fresh meat which has been stored in a cold store of a third country approved in accordance with Directive 72/462/EEC under customs control and which has not thereafter undergone any handling, except in connection with storage, must: (a) meet the requirements of sections A, B and C; (b) be accompanied by a certificate which corresponds to a model to be drawn up under the procedure set out in Article 16. The specific guarantees concerning checking, certification of compliance with storage and transport requirements and the issuing of the certificate shall be adopted in accordance with the procedure set out in Article 16.' 4. In Article 5: - the last five lines in point (a) shall be replaced by the following: 'unless it is meant to undergo one of the treatments provided for in Directive 77/99/EEC and it bears a special mark introduced by Decision 84/371/EEC (1); (1) OJ No L 196, 26. 7. 1984, p. 46'. - point (c) shall be replaced by the following: '(c) fresh meat (i) from animals to which substances prohibited under Directives 81/602/EEC and 88/146/EEC (*) have been administered; (ii) containing residues of hormonal substances authorized in accordance with the exceptions provided for in Article 4 of Directive 81/602/EEC and Articles 2 and 7 of Directive 88/146/EEC, residues of antibiotics, pesticides or of other substances . . . (remainder unchanged). (*) OJ No L 70, 16. 3. 1988, p. 16.' 5. The following Article shall be inserted: 'Article 6a Member States shall entrust to a central service or body the task of collecting and exploiting the results of the ante-mortem and post-mortem inspections carried out by the official veterinarian, in cases of diagnosis of diseases transmissible to humans. Where such a disease is diagnosed, the results of the specific case shall be communicated as soon as possible to the competent veterinary authorities responsible for supervision of the herd from which the animals originated. Member States shall submit to the Commission information on certain diseases and particularly cases where diseases transmissible to humans have been diagnosed. The Commission shall, under the procedure laid down in Article 16, adopt detailed rules for implementing this Article, and in particular: - the regularity with which information has to be submitted to the Commission, - the type of information, - the diseases to which the collection of information should apply, - procedures for collecting and exploiting information. 6. Article 7 (1) is hereby repealed. 7. The following sentence shall be added to Article 13: 'In accordance with the same procedure, additional requirements adapted to the specific situation of Member States with respect to certain diseases likely to endanger human health may be decided on.' 8. Annex I shall be amended as follows: (a) The following subparagraph shall be added to point 1: '(g) a clean and easily cleaned ceiling; falling that, a roof covering with an interior surface which fulfils these conditions;' (b) In point 5, the second sentence shall read: 'This equipment must include a system for draining off water of condensation without any possibility of contaminiation of the meat;' (c) In point 11 the penultimate phrase shall be replaced by the following: 'the wash basin taps must not be hand or arm-operable;' (d) The following paragraph shall be added to point 41 of Chapter VII: 'E. The results of the ante-mortem and post-mortem health inspections shall be recorded by the official veterinarian and, where diseases transmissible to humans as referred to in Article 6 (a) are diagnosed, communicated to the competent veterinary authorities responsible for supervision of the herd from which the animals originated, as well as to the person responsible for the herd in question.' (e) Point 42 of Chapter VIII shall be replaced by the following: '42. Cutting pieces smaller than those referred to in Article 3 (1) (A), de-boning or the slicing of the livers of animals of the bovine species is authorized in approved cutting plants only;' (f) The following sentence shall be added to point 45 (b) of Chapter VIII: 'During slicing, wrapping and packaging, the internal temperature of livers of animals of the bovine species must be kept at a constant + 3 °C or less.' (g) 'In point 54 of Chapter X the words 'referred to in paragraphs 51 and 52 shall be replaced by the words 'referred to in paragraphs 51, second subparagraph, and 52, including sliced livers of animals of the bovine species,'; (h) The following sentences shall be added to point 59 of Chapter XI: 'Sliced livers of animals of the bovine species must be individually wrapped. A package may contain only a complete sliced organ presented in its original form;' (i) The second indent of paragraph 65 of Chapter XIII shall be replaced by the following: '- Fresh meat for freezing must come directly from an approved slaughterhouse or an approved cutting plant. Freezing of fresh meat may be performed only in rooms of the same establishment where the meat has been obtained or cut or in an approved cold store, by means of appropriate equipment. When intended for freezing, cuts referred to in Article 3 (1) (A), the cuts referred to in point 52 and offal must be frozen without delay unless maturation is required for health reasons. In the latter case they must be frozen immediately after maturation. Carcases, half-carcases and quarters intended for freezing must be frozen without undue delay after a period of stabilization. Cut meat intended for freezing must be frozen without undue delay after cutting. Frozen meat must reach an internal temperature of - 12 °C or lower and may not be stored at higher temperatures thereafter. Fresh meat which has undergone a freezing process must bear an indication of the month and year in which it was frozen.' Article 2 The Council shall review the ante- and post-mortem inspection requirements on the basis of a Commission report drawn up before 1 January 1991, in the light of the information collected pursuant to Article 6a, and accompanied by any proposals on alternative methods of checking, particularly at the production stage, offering equivalent guarantees. Article 3 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1989 and shall forthwith inform the Commission thereof. Article 4 This Directive is addressed to the Member States.
[ "UKSI19892133", "UKSI19902493", "UKSI19881378", "UKSI19872237" ]
31988L0378
1988
Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys Having regard to the Treaty establishing the European Economic Community, and in particular Article 100A thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the laws, regulations and administrative provisions in force in the various Member States relating to the safety characteristics of toys differ in scope and content; whereas such disparities are liable to create barriers to trade and unequal conditions of competition within the internal market without necessarily affording consumers in the common market, especially children, effective protection against the hazards arising from the products in question; Whereas these obstacles to the attainment of an internal market in which only sufficiently safe products would be sold should be removed; whereas, for this purpose, the marketing and free movement of toys should be made subject to uniform rules based on the objectives regarding protection of consumer health and safety as set out in the Council resolution of 23 June 1986 concerning the future orientation of the policy of the European Economic Community for the protection and promotion of consumer interests (4); Whereas, to facilitate proof of conformity with the essential requirements, it is necessary to have harmonized standards at European level which concern, in particular, the design and composition of toys so that products complying with them may be assumed to conform to the essential requirements; whereas these standards harmonized at European level are drawn up by private bodies and must remain non-mandatory texts; whereas for that purpose the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC) are recognized as the competent bodies for the adoption of harmonized standards in accordance with the general guidelines for cooperation between the Commission and those two bodies signed on 13 November 1984; whereas, for the purposes of this Directive, a harmonized standard is a technical specification (European standard or harmonization document) adopted by one or both of those bodies upon a remit from the Commission in accordance with the provisions of Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (5), as last amended by the Act of Accession of Spain and Portugal, and on the basis of the general guidelines; Whereas, in accordance with the Council resolution of 7 May 1985 on a new approach to technical harmonization and standards (6), the harmonization to be achieved should consist in establishing the essential safety requirements to be satisfied by all toys if they are to be placed on the market; Whereas, in view of the size and mobility of the toy market and the diversity of the products concerned, the scope of this Directive should be determined on the basis of a sufficiently broad definition of 'toys'; whereas, nevertheless, it should be made clear that some products are not to be regarded as toys for the purposes of this Directive either because they are not in fact intended for children or because they call for supervision or special conditions of use; Whereas toys placed on the market should not jeopardize the safety and/or health either of users or of third parties; whereas the standard of safety of toys should be determined in relation to the criterion of the use of the product as intended, but allowance should also be made for any foreseeable use, bearing in mind the normal behaviour of children who do not generally show the same degree of care as the average adult user; Whereas the standard of safety of the toy must be considered when it is marketed, bearing in mind the need to ensure that this standard is maintained throughout the foreseeable and normal period of use of the toy; Whereas compliance with the essential requirements is likely to guarantee consumer health and safety; whereas all toys placed on the market must comply with these requirements and, if they do, no obstacle must be put in the way of their free movement; Whereas toys may be presumed to comply with these essential requirements where they are in conformity with the harmonized standards, reference numbers of which have been published in the Official Journal of the European Communities; Whereas toys that conform to a model approved by an approved body may also be regarded as complying with the essential requirements; whereas such conformity must be certified by the affixing of a European mark; Whereas certification procedures must be established to define the way in which national approved bodies have to approve models of toys not in conformity with standards and issue type-examination certificates for them and for toys in conformity with standards, a model of which is submitted to them for approval; Whereas adequate information for the Member States, the Commission and all the approved bodies must be provided for at the various stages of the certification and inspection procedures; Whereas Member States must appoint bodies, called 'approved bodies', for the purposes of applying the system introduced for toys; whereas adequate information on these bodies must be provided and they must all comply with minimum criteria for their approval; Whereas cases might arise where a toy does not satisfy the essential safety requirements; whereas, in such cases, the Member State which ascertains this fact must take all appropriate measures to withdraw the products from the market or to prohibit their being placed on the market; whereas a reason must be given for this decision and, where the reason is a shortcoming in the harmonized standards, these, or a part thereof, must be withdrawn from the list published by the Commission; Whereas the Commission is to ensure that the harmonized European standards in all the areas covered by the essential requirements listed in Annex II are drawn up in sufficient time to enable Member States to adopt and publish the necessary provisions by 1 July 1989; whereas the national provisions adopted on the basis of this Directive should consequently become effective on 1 January 1990; Whereas provision must be made for suitable action to be taken against anyone wrongfully affixing a mark of conformity; Whereas checks on the safety of toys already on the market must be carried out by the competent authorities of the Member States; Whereas, for some categories of toys that are particularly dangerous or intended for very young children, warnings or details of precautions to be taken must also be given; Whereas the Commission must receive regular information on activities carried out under this Directive by the approved bodies; Whereas those to whom any decision taken under this Directive is addressed must know the reason for that decision and the remedies open to them; Whereas the opinion of the Scientific Advisory Committee for the evaluation of the toxicity and ecotoxicity of chemical compounds has been taken into account with respect to the health-based limits of bioavailability of metallic compounds in toys to children, Article 1 1. This Directive shall apply to toys. A 'toy' shall mean any product or material designed or clearly intended for use in play by children of less than 14 years of age. 2. The products listed in Annex I shall not be regarded as toys for the purposes of this Directive. Article 2 1. Toys may be placed on the market only if they do not jeopardize the safety and/or health of users or third parties when they are used as intended or in a foreseeable way, bearing in mind the normal behaviour of children. 2. In the condition in which it is placed on the market, taking account of the period of foreseeable and normal use, a toy must meet the safety and health conditions laid down in this Directive. 3. For the purposes of this Directive, the expression 'placed on the market' shall cover both sale and distribution free of charge. Article 3 Member States shall take all steps necessary to ensure that toys cannot be placed on the market unless they meet the essential safety requirements set out in Annex II. Article 4 Member States shall not impede the placing on the market on their territory of toys which satisfy the provisions of this Directive. Article 5 1. Member States shall presume compliance with the essential requirements referred to in Article 3 in respect of toys bearing the EC mark provided for in Article 11, hereinafter referred to as 'EC mark', denoting conformity with the relevant national standards which transpose the harmonized standards the reference numbers of which have been published in the Official Journal of the European Communities. Member States shall publish the reference numbers of such national standards. 2. Member States shall presume that toys in respect of which the manufacturer has not applied the standards referred to in paragraph 1, or has applied them only in part, or for which no such standards exist, satisfy the essential requirements referred to in Article 3 where, after receipt of an EEC type-examination certificate, their conformity with the approved model has been certified by the affixation of the EC mark. Article 6 1. Where a Member State or the Commission considers that the harmonized standards referred to in Article 5 (1) do not entirely satisfy the essential requirements referred to in Article 3, the Commission or the Member State shall refer the matter to the Standing Committee set up under Directive 83/189/EEC, hereinafter referred to as 'the committee', setting out its reasons. The committee shall issue an opinion as a matter of urgency. After receiving the committee's opinion, the Commission shall notify the Member States whether or not the standards concerned or a part thereof have to be withdrawn from the publications referred to in Article 5 (1). 2. The Commission shall inform the European standardization body concerned and, if necessary, issue a new standardization brief. Article 7 1. Where a Member State ascertains that toys bearing the EC mark which are used as intended or in accordance with Article 2 are likely to jeopardize the safety and/or health of consumers and/or third parties, it shall take all appropriate measures to withdraw the products from the market, or to prohibit or restrict their placing on the market. The Member State shall inform the Commission immediately of this measure and indicate the reasons for its decision, stating in particular whether the non-compliance results from: (a) failure to meet the essential requirements referred to in Article 3, if the toy does not meet the standards referred to in Article 5 (1); (b) incorrect application of the standards referred to in Article 5 (1); (c) shortcomings in the standards referred to in Article 5 (1). 2. The Commission shall enter into consultation with the parties concerned as soon as possible. Where, after such consultation, the Commission finds that any measure as referred to in paragraph 1 is justified, it shall forthwith so inform the Member State that took the action and the other Member States. Where the decision referred to in paragraph 1 is attributed to shortcomings in the standards, the Commission, after consulting the parties concerned, shall bring the matter before the Committee within two months if the Member State which has taken the measures intends to maintain them and shall initiate the procedures referred to in Article 6. 3. Where the toy which does not comply with the requirements bears the EC mark, the competent Member State shall take appropriate measures and inform the Commission, which shall inform the other Member States. 4. The Commission shall ensure that the Member States are kept informed of the progress and outcome of this procedure. Article 8 1. (a) Before being placed on the market, toys manufactured in accordance with the harmonized standards referred to in Article 5 (1) must have affixed to them the EC mark by which the manufacturer or his authorized representative established within the Community confirms that the toys comply with those standards; (b) The manufacturer or his authorized representative established within the Community shall keep the following information available for inspection: - a description of the means (such as the use of a test report or technical file) whereby the manufacturer ensures conformity of production with the standards referred to in Article 5 (1) and, as appropriate: an EC type-certificate drawn up by an approved body; copies of the documents the manufacturer has submitted to the approved body; a description of the means whereby the manufacturer ensures conformity with the approved model, - the addresses of the places of manufacture and storage, - detailed information concerning the design and manufacture. Where neither the manufacturer nor his authorized representative are established within the Community, the above obligation to keep a dossier available shall be the responsibility of the person who places the toy on the Community market. 2. (a) Toys which do not conform in whole or in part to the standards referred to in Article 5 (1) must have affixed to them, before being placed on the market, the EC mark by which the manufacturer or his authorized representative established within the Community confirms that the toy concerned conforms to the model examined in accordance with the procedures laid down in Article 10 which an approved body has stated complies with the essential requirements referred to in Article 3; (b) the manufacturer or his authorized representive established within the Community shall keep the following information available for inspection: - a detailed description of manufacture, - a description of the means (such as the use of a test report or technical file) whereby the manufacturer ensures conformity with the approved model, - the addresses of the places of manufacture and storage, - copies of the documents the manufacturer has submitted to an approved body in accordance with Article 10 (2), - the test certificate for the sample or a certified copy thereof. Where neither the manufacturer nor his authorized representative is established within the Community, the above obligation to keep a dossier available shall be the responsibility of the person who places the toy on the market in the Community. 3. In the event of non-observance of the obligations laid down in paragraphs 1 (b) and 2 (b), the competent Member State shall take appropriate measures to ensure that those obligations are observed. Where non-observance of the obligations is obvious, it may in particular require the manufacturer or his authorized representative established within the Community to have a test performed at his own expense within a specified period by an approved body in order to verify compliance with the harmonized standards and essential safety requirements. Article 9 1. The minimum criteria which Member States must meet in order to appoint the approved bodies referred to in this Directive are contained in Annex III. 2. Each Member State shall notify the Commission of the approved bodies responsible for carrying out the EC type-examination referred to in Articles 8 (2) and 10. The Commission shall publish a list of these bodies, with the distinguishing numbers it has given them, in the Official Journal of the European Communities for information and shall be responsible for updating it. 3. A Member State which has approved a body shall withdraw approval if it finds that the body no longer meets the criteria listed in Annex III. It shall forthwith inform the Commission thereof. Article 10 1. EC type-examination is the procedure by which an approved body ascertains and certifies that a model of a toy satisfies the essential requirements referred to in Article 3. 2. The application for EC type-examination shall be lodged with an approved body by the manufacturer or by his authorized representative established within the Community. The application shall include: - a description of the toy, - the name and address of the manufacturer or of his authorized representative or representatives, and the place of manufacture of the toy, - comprehensive manufacturing and design data; and shall be accompanied by a model of the toy to be manufactured. 3. The approved body shall carry out the EC type-examination in the manner described below: - it shall examine the documents supplied by the applicant and establish whether they are in order, - it shall check that the toy would not jeopardize safety and/or health, as provided for in Article 2, - it shall carry out the appropriate examinations and tests - using as far as possible the harmonized standards referred to in Article 5 (1) - in order to check whether the model meets the essential requirements referred to in Article 3, - it may ask for further examples of the model. 4. If the model complies with the essential requirements referred to in Article 3, the approved body shall draw up an EC type-examination certificate which shall be notified to the applicant. This certificate shall state the conclusions of the examination, indicate any conditions attaching to it and be accompanied by the descriptions and drawings of the approved toy. The Commission, the other approved bodies and the other Member States may obtain on request a copy of the certificate and, on reasoned request, a copy of the design and manufacturing schedule and the reports on the examinations and tests carried out. 5. An approved body which refuses to issue an EC type-examination certificate shall so inform the Member State which approved it and the Commission, giving the reasons for refusal. Article 11 1. The EC mark referred to in Articles 5, 7 and 8 and the name and/or trade name and/or mark and address of the manufacturer or his authorized representative or the importer into the Community shall as a rule be affixed either to the toy or on the packaging in a visible, easily legible and indelible form. In the case of small toys and toys consisting of small parts these particulars may be affixed in the same way to the packaging, to a label or to a leaflet. Where the said particulars are not affixed to the toy, the consumer's attention must be drawn to the advisability of keeping them. 2. The EC mark shall consist of the symbol 'CE'. 3. The affixing to toys of marks or inscriptions that are likely to be confused with the EC mark shall be prohibited. 4. The particulars referred to in paragraph 1 may be abbreviated provided that the abbreviation enables the manufacturer, his authorized representative or the importer into the Community to be identified. 5. Annex IV sets out the warnings and indications of precautions to be taken during use that have to be given for certain toys. Member States may require that these warnings and precautions, or some of them, together with the information specified in paragraph 4, be given in their own national language or languages when the toys are placed on the market. Article 12 1. Member States shall take the necessary measures to ensure that sample checks are carried out on toys which are on their market, so as to verify their conformity with this Directive. The authority responsible for inspection: - shall obtain access, on request, to the place of manufacture or storage and to the information referred to in Article 8 (1) (b) and (2) (b), - may ask the manufacturer, his authorized representative or the person responsible for marketing the toy established within the Community to supply the information as provided for in Article 8 (1) (b) and (2) (b) within a period specified by the Member State, - may select a sample and take it away for examination and testing. 2. Every three years, Member States shall send the Commission a report on the application of this Directive. 3. The Member States and the Commission shall take the necessary measures to guarantee confidentiality with regard to the forwarding of the copies relating to the EC type-examination referred to in Article 10 (4). Article 13 Member States shall regularly inform the Commission of the activities carried out in pursuance of this Directive by the bodies they have approved so that the Commission may ensure that the inspection procedures are implemented correctly and without discrimination. Article 14 Any decision taken pursuant to this Directive and involving restrictions on the placing of the toy on the market shall state the exact grounds on which it is based. It shall be notified at the earliest opportunity to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member State in question and of the time limits applying to such remedies. Article 15 1. Member States shall adopt and publish by 30 June 1989 the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof. They shall apply these provisions from 1 January 1990. 2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive. Article 16 This Directive is addressed to the Member States.
[ "UKSI19891275" ]
31988L0321
1988
Commission Directive 88/321/EEC of 16 May 1988 adapting to technical progress Council Directive 71/127/EEC on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 71/127/EEC of 1 March 1971 on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles(1), as last amended by Commission Directive 86/562/EEC (2), and in particular Article 9 thereof, Whereas, in view of the experience gained, and account being taken of the current state of the art, it is now possible to make certain requirements of Directive 71/127/EEC more stringent in order to improve road safety; Whereas the current requirements in respect of category N2 vehicles having a mass of more than 7,5 tonnes and category N3 vehicles other than tractive units for semi-trailers have proved to be inadequate in respect of the outside field of vision to the side and to the rear of the vehicle; whereas, in order to deal with this shortcoming, it is necessary to provide for the fitting of an additional rear-view mirror of the so-called 'wide-angle' type; Whereas the current requirements in respect of category N2 vehicles having a mass of more than 7,5 tonnes have proved to be inadequate too with regard to the field of vision in the zone adjacent to the side of the cab structure opposite the driver; whereas, in order to deal with this shortcoming, it is necessary to provide for the fitting of a rear-view mirror of the 'close-proximity' type; Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the adaptation to technical progress of the Directives aimed at the removal of technical barriers to trade in the motor-vehicle sector, Article 1 Annexes II and III to Directive 71/127/EEC are hereby amended in accordance with the Annex to this Directive. Article 2 1. From 1 January 1989 Member States may not, for reasons concerning rear-view mirrors: - either refuse EEC type approval or the issue of the document provided for in the third indent of Article 10 (1) of Council Directive 70/156/EEC (3), or national type approval, for a type of vehicle, - or prohibit the entry into service of vehicles, if the rear-view mirrors of that type of vehicle or vehicles comply with the provisions of this Directive. 2. From 1 October 1990, Member States: - may not longer issue the document provided for in the third indent of Article 10 (1) of Directive 70/156/EEC for a type of vehicle, the rear-view mirrors of which do not comply with the provisions of this Directive, - may refuse national type approval in respect of a type of vehicle, the rear-view mirrors of which do not comply with the provisions of this Directive, - may prohibit the entry into service of vehicles, the rear-view mirrors of which do not comply with the provisions of this Directive. Article 3 Member States shall bring into force the provisions necessary to comply with this Directive by 1 January 1989 at the latest. They shall forthwith inform the Commission thereof. Article 4 This Directive is addressed to the Member States.
[ "UKSI19881669" ]
31988L0298
1988
Council Directive 88/298/EEC of 16 May 1988 amending Annex II to Directives 76/895/EEC and 86/362/EEC relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables and cereals respectively Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (1), as last amended by Regulation (EEC) No 3768/85 (2), and in particular Article 5 thereof, Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (3), and in particular Article 11 thereof, Having regard to the proposal from the Commission, Whereas, in the light of technical and scientific progress and of the requirements of public health and agriculture, it is necessary to amend the provisions, particularly the maximum levels, contained in Annex II to Directive 76/895/EEC relating to captafol, captan, chlorfenvinphos, dodine, fenitrothion, folpet, formothion and malathion; Whereas, for the same reasons, it seems desirable to update Directive 76/895/EEC by adding provisions relating to further pesticides, residues of which may occur in and on fruit and vegetables, namely, ethion, ethylene dibromide, mevinphos, phosalone and 2, 4, 5-T, and to update Directive 86/362/EEC by adding provisions relating to a further pesticide the residues of which may occur in cereals, namely, captafol, Article 1 Annex II to Directive 76/895/EEC is hereby amended as follows: 1. For the pesticides set out below, the maximum residual levels contained in the table are replaced by the following: 1.2,3 // // // Common name // Maximum levels (in mg/kg (ppm)) // // // 1.2.3 // captafol // 0,05: // // captan sum folpet // 3: // pome fruit, berries and small fruit, grapes, tomatoes // // 2: // beans, broad-leaved endives, endives, leeks, stone-fruit, lettuce, peas // // 0,1: // other products // chlorfenvinphos (sum of E- and Z-isomers) // 1: // citrus fruit // // 0,5: // bulb, tuber and root vegetables, celery and parsley // // 0,05: // mushrooms, other fruit // // 0,1: // other vegetables // dodine // 1: // pome and stone fruit // // 0,2: // other products // fenitrothion // 2: // citrus fruit // // 0,5: // other products // formothion // 0,2: // citrus fruit // // 0,1: // other products // malathion (including malaoxon) // 2: // citrus fruit // // 3: // vegetables, except root vegetables // // 0,5: 1985, p. 8. (3) OJ No L 221, 7. 8. 1986, p. 37. 2. The following pesticide residues together with their corresponding particulars are inserted in the table: 1,2.3,4 // // // Pesticide residues // Maximum levels (in mg/kg (ppm)) // // 1.2.3.4 // Common name // Chemical formula // // // // // // // ethion // 0,0,0,0-tetraethyl S , S-methylene di (phosphorodi-thioate) // 2: 0,5: // citrus fruit pome and stone fruit and grapes // // // 0,1: // other products // ethylene dibromide // 1,2-dibromoethane // 0,01 // // mevinphos // 2-methoxy-carbonyl-1-methyl-vinyl dimethyl phosphate (sum of cis and transisomers) // 0,2: 0,5: // pome and citrus fruit and apricots other stone fruit, leafy vegetables // // // 0,1: // other products // phosalone // S-(6-chloro-2-oxobenzo-oxazolin-3-yl) methyl 00-diethyl phosphorodithioate // 1: 2: // citrus fruit and strawberries pome fruit and peaches // // // 0,1: // root vegetables and olives // // // 1: // other products // 2,4,5-T // (2,4,5-tri-chlorophenoxy)-acetic acid // 0,05 // // // // // Article 2 The following pesticide residue is hereby added to Part A of Annex II to Directive 86/362/EEC: 1.2 // // // Pesticide residues // Maximum levels in mg/kg (ppm) // // // 19. captafol // 0,05 // // Article 3 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive - not later than 1 July 1988 in the case of captafol, captane and folpet; - not later than 1 January 1989 in the case of the other pesticides. They shall forthwith inform the Commission thereof. Article 4 This Directive is addressed to the Member States.
[ "UKSI19881378" ]
31988L0301
1988
Commission Directive 88/301/EEC of 16 May 1988 on competition in the markets in telecommunications terminal equipment Having regard to the Treaty establishing the European Economic Community, and in particular Article 90 (3) thereof, Whereas: 1. In all the Member States, telecommunications are, either wholly or partly, a State monopoly generally granted in the form of special or exclusive rights to one or more bodies responsible for providing and operating the network infrastructure and related services. Those rights, however, often go beyond the provision of network utilization services and extend to the supply of user terminal equipment for connection to the network. The last decades have seen considerable technical developments in networks, and the pace of development has been especially striking in the area of terminal equipment. 2. Several Member States have, in response to technical and economic developments, reviewed their grant of special or exclusive rights in the telecommunications sector. The proliferation of types of terminal equipment and the possibility of the multiple use of terminals means that users must be allowed a free choice between the various types of equipment available if they are to benefit fully from the technological advances made in the sector. 3. Article 30 of the Treaty prohibits quantitative restrictions on imports from other Member States and all measures having equivalent effect. The grant of special or exclusive rights to import and market goods to one organization can, and often does, lead to restrictions on imports from other Member States. 4. Article 37 of the Treaty states that 'Member States shall progressively adjust any State monopolies of a commercial character so as to ensure that when the transitional period has ended no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States. The provisions of this Article shall apply to any body through which a Member State, in law or in fact, either directly or indirectly supervises, determines or appreciably influences imports or exports between Member States. These provisions shall likewise apply to monopolies delegated by the State to others.' Paragraph 2 of Article 37 prohibits Member States from introducing any new measure contrary to the principles laid down in Article 37 (1). 5. The special or exclusive rights relating to terminal equipment enjoyed by national telecommunications monopolies are exercised in such a way as, in practice, to disadvantage equipment from other Member States, notably by preventing users from freely choosing the equipment that best suits their needs in terms of price and quality, regardless of its origin. The exercise of these rights is therefore not compatible with Article 37 in all the Member States except Spain and Portugal, where the national monopolies are to be adjusted progressively before the end of the transitional period provided for by the Act of Accession. 6. The provision of installation and maintenance services is a key factor in the purchasing or rental of terminal equipment. The retention of exclusive rights in this field would be tantamount to retention of exclusive marketing rights. Such rights must therefore also be abolished if the abolition of exclusive importing and marketing rights is to have any practical effect. 7. Article 59 of the Treaty provides that 'restrictions on freedom to provide services within the Community shall be progressively abolished during the transitional period in respect of nationals of Member States who are established in a State of the Community other than that of the person for whom the services are intended.' Maintenance of terminals is a service within the meaning of Article 60 of the Treaty. As the transitional period has ended, the service in question, which cannot from a commercial point of view be dissociated from the marketing of the terminals, must be provided freely and in particular when provided by qualified operators. 8. Article 90 (1) of the Treaty provides that 'in the case of public undertakings and undertakings to which Member States grant special or exclusive rights, Member States shall neither enact nor maintain in force any measure contrary to the rules contained in this Treaty, in particular to those rules provided for in Article 7 and Articles 85 to 94.' 9. The market in terminal equipment is still as a rule governed by a system which allows competition in the common market to be distorted; this situation continues to produce infringements of the competition rules laid down by the Treaty and to affect adversely the development of trade to such an extent as would be contrary to the interests of the Community. Stronger competition in the terminal equipment market requires the introduction of transparent technical specifications and type-approval procedures which meet the essential requirements mentioned in Council Directive 86/361/EEC (1) and allow the free movement of terminal equipment. In turn, such transparency necessarily entails the publication of technical specifications and typeapproval procedures. To ensure that the latter are applied transparently, objectively and without discrimination, the drawing-up and application of such rules should be entrusted to bodies independent of competitors in the market in question. It is essential that the specifications and type-approval procedures are published simultaneously and in an orderly fashion. Simultaneous publication will also ensure that behaviour contrary to the Treaty is avoided. Such simultaneous, orderly publication can be achieved only by means of a legal instrument that is binding on all the Member States. The most appropriate instrument to this end is a directive. 10. The Treaty entrusts the Commission with very clear tasks and gives it specific powers with regard to the monitoring of relations between the Member States and their public undertakings and enterprises to which they have delegated special or exclusive rights, in particular as regards the elimination of quantitative restrictions and measures having equivalent effect, discrimination between nationals of Member States, and competition. The only instrument, therefore, by which the Commission can efficiently carry out the tasks and powers assigned to it, is a Directive based on Article 90 (3). 11. Telecommunications bodies or enterprises are undertakings within the meaning of Article 90 (1) because they carry on an organized business activity involving the production of goods or services. They are either public undertakings or private enterprises to which the Member States have granted special or exclusive rights for the importation, marketing, connection, bringing into service of telecommunications terminal equipment and/or maintenance of such equipment. The grant and maintenance of special and exclusive rights for terminal equipment constitute measures within the meaning of that Article. The conditions for applying the exception of Article 90 (2) are not fulfilled. Even if the provision of a telecommunications network for the use of the general public is a service of general economic interest entrusted by the State to the telecommunications bodies, the abolition of their special or exclusive rights to import and market terminal equipment would not obstruct, in law or in fact, the performance of that service. This is all the more true given that Member States are entitled to subject terminal equipment to type-approval procedures to ensure that they conform to the essential requirements. 12. Article 86 of the Treaty prohibits as incompatible with the common market any conduct by one or more undertakings that involves an abuse of a dominant position within the common market or a substantial part of it. 13. The telecommunications bodies hold individually or jointly a monopoly on their national telecommunications network. The national networks are markets. Therefore, the bodies each individually or jointly hold a dominant position in a substantial part of the market in question within the meaning of Article 86. The effect of the special or exclusive rights granted to such bodies by the State to import and market terminal equipment is to: - restrict users to renting such equipment, when it would often be cheaper for them, at least in the long term, to purchase this equipment. This effectively makes contracts for the use of networks subject to acceptance by the user of additional services which have no connection with the subject of the contracts, - limit outlets and impede technical progress since the range of equipment offered by the telecommunications bodies is necessarily limited and will not be the best available to meet the requirements of a significant proportion of users. Such conduct is expressly prohibited by Article 86 (d) and (b), and is likely significantly to affect trade between Member States. At all events, such special or exclusive rights in regard to the terminal equipment market give rise to a situation which is contrary to the objective of Article 3 (f) of the Treaty, which provides for the institution of a system ensuring that competition in the common market is not distorted, and requires a fortiori that competition must not be eliminated. Member States have an obligation under Article 5 of the Treaty to abstain from any measure which could jeopardize the attainment of the objectives of the Treaty, including Article 3 (f). The exclusive rights to import and market terminal equipment must therefore be regarded as incompatible with Article 86 in conjunction with Article 3, and the grant or maintenance of such rights by a Member State is prohibited under Article 90 (1). 14. To enable users to have access to the terminal equipment of their choice, it is necessary to know and make transparent the characteristics of the termination points of the network to which the terminal equipment is to be connected. Member States must therefore ensure that the characteristics are published and that users have access to termination points. 15. To be able to market their products, manufacturers of terminal equipment must know what technical specifications they must satisfy. Member States should therefore formalize and publish the specifications and type-approval rules, which they must notify to the Commission in draft form, in accordance with Council Directive 83/189/EEC (1). The specifications may be extended to products imported from other Member States only insofar as they are necessary to ensure conformity with the essential requirements specified in Article 2 (17) of Directive 86/361/EEC that can legitimately be required under Community law. Member States must, in any event, comply with Articles 30 and 36 of the Treaty, under which an importing Member State must allow terminal equipment legally manufactured and marketed in another Member State to be imported on to its territory, and may only subject it to such type- approval and possibly refuse approval for reasons concerning conformity with the abovementioned essential requirements. 16. The immediate publication of these specifications and procedures cannot be considered in view of their complexity. On the other hand, effective competition is not possible without such publication, since potential competitors of the bodies or enterprises with special or exclusive rights are unaware of the precise specifications with which their terminal equipment must comply and of the terms of the type-approval procedures and hence their cost and duration. A deadline should therefore be set for the publication of specifications and the type-approval procedures. A period of two-and-a-half years will also enable the telecommunications bodies with special or exclusive rights to adjust to the new market conditions and will enable economic operators, especially small and medium-sized enterprises, to adapt to the new competitive environment. 17. Monitoring of type-approval specifications and rules cannot be entrusted to a competitor in the terminal equipment market in view of the obvious conflict of interest. Member States should therefore ensure that the responsibility for drawing up type-approval specifications and rules is assigned to a body independent of the operator of the network and of any other competitor in the market for terminals. 18. The holders of special or exclusive rights in the terminal equipment in question have been able to impose on their customers long-term contracts preventing the introduction of free competition from having a practical effect within a reasonable period. Users must therefore be given the right to obtain a revision of the duration of their contracts, Article 1 For the purposes of this Directive: - 'terminal equipment' means equipment directly or indirectly connected to the termination of a public telecommunications network to send, process or receive information. A connection is indirect if equipment is placed between the terminal and the termination of the network. In either case (direct or indirect), the connection may be made by wire, optical fibre or electromagnetically. Terminal equipment also means receive-only satellite stations not reconnected to the public network of a Member State, - 'undertaking' means a public or private body, to which a Member State grants special or exclusive rights for the importation, marketing, connection, bringing into service of telecommunications terminal equipment and/or maintenance of such equipment. Article 2 Member States which have granted special or exclusive rights within the meaning of Article 1 to undertakings shall ensure that those rights are withdrawn. They shall, not later than three months following the notification of this Directive, inform the Commission of the measures taken or draft legislation introduced to that end. Article 3 Member States shall ensure that economic operators have the right to import, market, connect, bring into service and maintain terminal equipment. However, Member States may: - in the absence of technical specifications, refuse to allow terminal equipment to be connected and brought into service where such equipment does not, according to a reasoned opinion of the body referred to in Article 6, satisfy the essential requirements laid down in Article 2 (17) of Directive 86/361/EEC, - require economic operators to possess the technical qualifications needed to connect, bring into service and maintain terminal equipment on the basis of objective, non-discriminatory and publicly available criteria. Article 4 Member States shall ensure that users have access to new public network termination points and that the physical characteristics of these points are published not later than 31 December 1988. Access to public network termination points existing at 31 December 1988 shall be given within a reasonable period to any user who so requests. Article 5 1. Member States shall, not later than the date mentioned in Article 2, communicate to the Commission a list of all technical specifications and type-approval procedures which are used for terminal equipment, and shall provide the publication references. Where they have not as yet been published in a Member State, the latter shall ensure that they are published not later than the dates referred to in Article 8. 2. Member States shall ensure that all other specifications and type-approval procedures for terminal equipment are formalized and published. Member States shall communicate the technical specifications and type-approval procedures in draft form to the Commission in accordance with Directive 83/189/EEC and according to the timetable set out in Article 8. Article 6 Member States shall ensure that, from 1 July 1989, responsibility for drawing up the specifications referred to in Article 5, monitoring their application and granting type-approval is entrusted to a body independent of public or private undertakings offering goods and/or services in the telecommunications sector. Article 7 Member States shall take the necessary steps to ensure that undertakings within the meaning of Article 1 make it possible for their customers to terminate, with maximum notice of one year, leasing or maintenance contracts which concern terminal equipment subject to exclusive or special rights at the time of the conclusion of the contracts. For terminal equipment requiring type-approval, Member States shall ensure that this possibility of termination is afforded by the undertakings in question no later than the dates provided for in Article 8. For terminal equipment not requiring type-approval, Member States shall introduce this possibility no later than the date provided for in Article 2. Article 8 Member States shall inform the Commission of the draft technical specifications and type-approval procedures referred to in Article 5 (2); - not later than 31 December 1988 in respect of equipment in category A of the list in Annex I, - not later than 30 September 1989 in respect of equipment in category B of the list in Annex I, - not later than 30 June 1990 in respect of other terminal equipment in category C of the list in Annex I. Member States shall bring these specifications and type-approval procedures into force after expiry of the procedure provided for by Directive 83/189/EEC. Article 9 Member States shall provide the Commission at the end of each year with a report allowing it to monitor compliance with the provisions of Articles 2, 3, 4, 6 and 7. An outline of the report is attached as Annex II. Article 10 The provisions of this Directive shall be without prejudice to the provisions of the instruments of accession of Spain and Portugal, and in particular Articles 48 and 208 of the Act of Accession. Article 11 This Directive is addressed to the Member States.
[ "UKPGA19840012" ]
31988L0299
1988
Council Directive 88/299/EEC of 17 May 1988 on trade in animals treated with certain substances having a hormonal action and their meat, as referred to in Article 7 of Directive 88/146/EEC Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 88/146/EEC of 7 March 1988 prohibiting the use in livestock farming of certain substances having a hormonal action (1), and in particular Article 7 thereof, Having regard to the proposal from the Commission, Whereas Directive 88/146/EEC prohibited the use in livestock farming of certain substances having a hormonal action, while permitting those exceptions already laid down in Article 4 of Council Directive 81/602/EEC of 31 July 1981, concerning the prohibition of certain substances having a hormonal action and of any substances having a thyrostatic action (2), as last amended by Directive 85/358/EEC (3); Whereas, in order to ensure the correct operation of the scheme as a whole, trade in animals which have treated, and of their meat has, in general, been prohibited; whereas, however, pursuant to Article 7 of Directive 88/146/EEC, derogations may be allowed in respect of intra-Community trade and importation from third countries of animals intended for reproduction and reproductive animals at the end of their career, which, in the course of their existence, have been treated under Article 4 of Directive 81/602/EEC and in respect of meat from those various animals; Whereas such derogations may be allowed where satisfactory guarantees can be provided such as would not cause distortions of trade; whereas these guarantees must be given as regards the products which may be used, the conditions of their use and the control of such conditions in particular, regarding compliance with the necessary waiting period; whereas these requirements should be established in accordance with a Community procedure; Whereas equivalent guarantees must be accepted, in accordance with a Community procedure, in respect of importations from third countries, taking into account the guarantees given by the third country concerned, Article 1 This Directive lays down the conditions for applying the derogations provided for in Article 7 of Directive 88/146/EEC from the prohibition on trade in certain categories of animals and their meat. Article 2 Notwithstanding Article 5 of Directive 88/146/EEC, Member States shall authorize trade in animals intended for reproduction and reproductive animals at the end of their career which, during their reproductive career, have undergone one of the treatments referred to in Article 4 of Directive 81/602/EEC, or shall authorize the affixing of the Community stamp to meat from such animals, provided the following conditions are complied with: 1. Only one of the following substances or products has been administered to the animals: (a) for therapeutic treatment, oestradiol 17 B, testosterone and progesterone and those derivatives which readily yield the parent compound on hydrolysis after absorption at the site of application and which, in accordance with Article 3 of Directive 88/146/EEC, appear on the list of products to be drawn up in compliance with the other conditions laid down in Article 3 (1) (a) and (b); (b) for synchronization of oestrus, termination of unwanted gestation, the improvement of fertility and the preparation of donors and recipients for the implantation of embryos, the substances mentioned in Article 4 (1) of Directive 81/602/EEC, provided that the products in which they are contained appear on a list drawn up in accordance with the procedure provided for in Article 8 of Directive 88/146/EEC after the Committee for Veterinary Medicinal Products has given its opinion, and in accordance with the conditions set out in point 2 below. 2. In the case referred to in point 1 (b): - the conditions of use, in particular the conditions under which these products are made available to breeders, the necessary waiting period and detailed provisions concerning the monitoring of those conditions of use, shall be laid down in accordance with the procedure referred to in point 1 (b), - the means of identification of animals shall be laid down in accordance with the procedure provided for in Article 8 of Directive 88/146/EEC. Pending the decisions referred to in point 1 (a) and (b), products which have already received authorization to be placed on the market shall continue to be so authorized. 3. The following criteria shall be considered at the time of adoption of the lists of products referred to in point 1 which may be administered to the animals defined in that point and intended for intra-Community trade: - possibility of monitoring that that product is used in conformity with the provisions of this Directive, - the need to exclude sustained-release products or salts or esters with long half-life, where the therapeutic objective could be achieved by using products with a shorter half-life which, by reason of their composition, do not act as a deposit, so as to preclude the use of hormones as growth factors and reduce the risk of residues, - the need to exclude products with a waiting period exceeding 15 days after the end of the treatment, - the availability of reagents and materials required for the methods of analysis for detecting the presence of residues exceeding the permitted limits. Products authorized pursuant to the above paragraph shall be subject to Articles 24 to 50 of Council Directive 81/851/EEC of 28 September 1981 on the approximation of the laws of the Member States relating to veterinary medicinal products (1). 4. The veterinarian directly responsible must keep a register of at least the following particulars: - nature of the treatment, - nature of the products authorized, - date of the treatment, - identity of the animals treated. These particulars shall be made available to the competent authority at its request. Article 3 1. Member States shall ensure that the animals mentioned in Article 2 are sent from their territory to the territory of another Member State only if: (a) the general conditions laid down in this Directive and in particular the waiting period laid down pursuant to the second indent of Article 3 (a) of Directive 88/146/EEC and to Article 2 (2) of this Directive have been complied with; (b) in the case of reproductive animals at the end of their career, they have not received any of the treatments referred to in Article 4 of Directive 81/602/EEC with any of the products authorized in accordance with Article 2 (1) (a) or (b) or Article 6 during the fattening period following the end of their breeding life. 2. However, trade in high-value horses, particularly racehorses, competition horses, circus horses or horses intended for stud purposes or for exhibitions, including horses in these categories to which oral preparations containing allyl Trenbolone have been administered for the purposes mentioned in Article 2 (1) (b), may take place before the end of the waiting period, provided that the other conditions of Article 2 are fulfilled and that the nature and date of the treatment are mentioned on the certificate accompanying the horses. Article 4 Without prejudice to the application to the requirements of Directive 86/469/EEC of 16 September 1986 concerning the examination of animals and fresh meat for the presence of residues (2), and by way of derogation from the first paragraph of Article 5 of Directive 88/146/EEC, Member States shall authorize trade in meat of animals intended for reproduction and of reproductive animals at the end of their career which might have been the subject of intra-Community trade in accordance with Article 3 (1) of this Directive. The Community stamp may be affixed to the meat only if the waiting time has ended before the animals are slaughtered. Article 5 By way of derogation from Article 6 (1) of Directive 88/146/EEC and for the purposes of applying Article 7 (2) of Directive 86/469/EEC, guarantees at least equivalent to those laid down by this Directive shall be established in accordance with the procedure provided for in Article 8 of Directive 88/146/EEC, which imports from third countries of animals intended for reproduction and reproductive animals at the end of their career or the meat of such animals must satisfy. Article 6 Pending the decisions provided for in Article 2 (1) (a) and (b), the following transitional measures shall apply: - Member States shall monitor compliance of the substances or products which have been the subject of a national authorization for placing on the market with the requirements of Article 2 (3). They shall notify the Commission and the other Member States of their findings, within the Standing Veterinary Commitee, - on the basis of these findings, the Commission shall, under the procedure laid down in Article 11 of Directive 85/358/EEC draw up a provisional list of substances or products which may be used for the requirements of this Directive, and the conditions and means laid down in Article 2 (2). Animals treated with these substances or products included in the provisional list or lists, and the meat of those animals, cannot be the subject of trade barriers. The provisional lists shall cease to be valid after 31 December 1991. Article 7 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1988 at the latest. They shall forthwith inform the Commission thereof. Article 2 (1) and Articles 3, 4 and 6 shall apply from the notification (1) of this Directive. Article 8 This Directive is addressed to the Member States.
[ "UKSI19880848" ]
31988L0366
1988
Commission Directive 88/366/EEC of 17 May 1988 on the adaptation to technical progress of Council Directive 77/649/EEC on the approximation of the laws of the Member States relating to the field of vision of motor vehicle drivers Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers (1), as last amended by Directive 87/403/EEC (2), and in particular Article 11 thereof, Having regard to Council Regulation (EEC) No 77/649/EEC of 27 September 1977 on the approximation of the laws of the Member States relating to the field of vision of motor vehicle drivers (3), as amended by Directive 81/643/EEC (4), and in particular Article 5 thereof, Whereas vehicle design has developed, in particular as a result of the influence of aerodynamic research intended to save fuel, which has often caused windscreen posts to be quite considerably raked; whereas the current requirements relating to the binocular obstruction due to windscreen posts should be amended in order to alleviate the difficulties encountered by manufacturers in producing vehicles having optimum drag coefficients (Cd); Whereas practical experience has demonstrated the need also to amend certain requirements relating 'to radio aerials' and 'defrosting/demisting' conductors which are integral with the windscreen in order to enable optimum quality and performance to be obtained which are compatible with highest-performance radio installations, and to permit an increase in the performance and efficiency of windscreen defrosting and demisting while maintaining good optical quality and without obstructing the field of vision; Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives aimed at the Removal of Technical Barriers to Trade in the Motor Vehicles Sector, Article 1 The list of Annexes and Annexes I and IV to Directive 77/649/EEC are amended in accordance with the Annex to this Directive. Article 2 Member States shall bring into force the provisions necessary in order to comply with this Directive not later than 1 October 1988 and shall forthwith inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19881669" ]
31988L0314
1988
Council Directive 88/314/EEC of 7 June 1988 on consumer protection in the indication of the prices of non-food products Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the programmes of the Community for a consumer protection and information policy (4) provide for the establishment of common principles for indicating prices; Whereas Council Directive 79/581/EEC of 19 June 1979 on consumer protection in the indication of the prices of foodstuffs (5) makes it compulsory to indicate the prices of foodstuffs; whereas the Council resolution of 19 June 1979 on the indication of the prices of foodstuffs and non-food household products pre-packaged in pre-established quantities (6) invites the Commission to submit a proposal concerning the indication of the selling price and the unit price for non-food household products; Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992 at the latest; Whereas indication of the selling price and the unit price of non-food products makes it easier for consumers to compare prices at places of sale; whereas it accordingly increases market transparency and ensures greater protection for consumers; Whereas the obligation to indicate these prices must apply in principle to all non-food products offered to the final consumer; whereas this obligation must also apply to written or printed advertising and catalogues wherever these give the selling prices of the products; Whereas the selling price and the unit price must be indicated in accordance with specific procedures for each category of products so as not to place an undue burden on the retailer as regards labelling; Whereas the obligation to indicate the unit price may be waived by Member States for products in respect of which such indication would meaningless; Whereas, in the case of pre-packaged products, the obligation to indicate the unit price should, wherever possible, be replaced by standardization of quantities; whereas account should be taken of the progress made as regards the standardization at Community level of quantity ranges for products pre-packaged in pre-established quantities and provision should therefore be made for the exemption of ranges of quantities so standardized; Whereas Council Directive 80/232/EEC (7), as last amended by Directive 87/356/EEC (8), lays down the ranges of nominal quantities and nominal capacities permitted for certain pre-packaged products; Whereas the rules laid down in this Directive are aimed at informing and protecting consumers, Article 1 1. This Directive relates to the indication of the selling price and the price per unit of measurement of non-food products offered to the final consumer or advertised indicating the price, whether they are sold in bulk or pre-packaged in pre-established or variable quantities 2. This Directive shall not apply to: - products bought for the purpose of a trade or commercial activity, - products supplied in the course of the provision of a service, - private sales, - sales by auction and sales of works of art and antiques. Article 2 For the purposes of this Directive: (a) 'products sold in bulk' means products which are not pre-packaged and/or are not measured or weighed except in the presence of the final consumer; (b) 'products sold by individual item' means products which cannot be broken down without changing their nature or properties; (c) 'pre-packaged products' means products packaged other than in the consumer's presence, whether the packaging encloses the product completely or only partially; (d) 'products pre-packaged in pre-established quantities' means products pre-packaged in such a way that the quantity in the package corresponds to a previously selected value; (e) 'products pre-packaged in variable quantities' means products pre-packaged in such a way that the quantity in the package does not correspond to a previously selected value; (f) 'selling price' means the price for a given quantity of the product; (g) 'unit price' means the price for one kilogram, one litre, one metre or one square metre of the product, subject to Article 6 (2) and the second subparagraph of Article 10. Article 3 1. The products referred to in Article 1 shall bear an indication of the selling price under the conditions laid down in Article 4. 2. The products pre-packaged in pre-established quantities listed in the Annex and the products pre-packaged in variable quantities shall also bear an indication of the unit price, subject to Articles 7 to 10. 3. The unit price of products sold in bulk must be indicated. However, Member States may specify the conditions under which the selling price per piece may be indicated for certain categories of these products. 4. The selling price and the unit price shall relate to the final price of the product under the conditions laid down by the Member States. Article 4 The selling price and the unit price must be unambiguous, easily identifiable and clearly legible. Each Member State may lay down the specific rules for such indication of prices, e.g. by means of posters, labels on shelves or on packaging. Article 5 Any written or printed advertisement and any catalogue which mentions the selling price of products referred to in Article 1 shall indicate the unit price, subject to Article 3 (2). Article 6 1. The unit price shall be expressed as a price per litre or per cubic metre for products sold by volume, as a price per kilogram or per tonne for products sold by weight, as a price per metre for products sold by length and as a price per square metre for products sold by area. 2. Member States may, however, allow the unit price to be expressed in relation to decimal multiples or fractions of the units referred to in paragraph 1, in order to take account of the quantities in which certaiun products are normally sold. 3. The unit price of pre-packaged products shall refer to the quantity declared, in accordance with national and Community provisions. Article 7 1. Member States may waive the obligation to indicate the unit price of products sold in bulk or pre-packaged for which such indication would be meaningless. 2. The products referred to in paragraph 1 include in particular: (a) products exempted from the obligation to indicate weight or volume (in particular products sold by individual item); (b) different products sold in a single package; (c) products sold from automatic dispensers; (d) products contained in a single package from which a mixture is to be prepared; (e) multipacks referred to in the first subparagraph of Article 4 of Directive 80/232/EEC, where they are made up of individual items corresponding to one of the values appearing in a Community quantity range. Article 8 1. The obligation to indicate the unit price shall not apply to the products listed in Annex I, points 5, 8.2, 8.3, 8.5, 8.6, 9, 10 and 11 to Directive 80/232/EEC, where they are sold in the ranges of nominal quantities of contents given in the said Annex. 2. The obligation to indicate the unit price may be waived by the Member States for: - the products listed in Annex I, points 4, 6, 7, 8.1 and 8.4 to Directive 80/232/EEC, where they are sold in the ranges of nominal quantities of contents given in the said Annex, - the products referred to in Annex II, point 3 to Directive 80/232/EEC, where they are sold in rigid containers in capacity ranges given in the said Annex and are not listed in Annex I to the said Directive, - the products referred to in Annex I to Directive 80/232/EEC, where they are sold in rigid containers in capacity ranges given in Annex III to the said Directive. 3. The obligation to indicate the unit price may be waived by the Member States for the pre-packaged products listed in paragraphs 1 and 2, where they are sold in quantities which are smaller than the lowest or larger than the highest values in the Community ranges. Article 9 When Community measures are adopted concerning the harmonization of ranges of quantities relating to products pre-packaged in pre-established quantities or when the ranges of quantities previously adopted are revised, the Council, acting on a proposal from the Commission, shall amend Article 8. Article 10 As a transitional measure, Member States shall be allowed a period of seven years from the date of adoption of this Directie to apply the provisions of this Directive relating to the products pre-packaged in pre-established quantities referred to in the Annex. During this transitional period, any national measures or practices existing at the date of adoption of this Directive and relating to these products may be maintained in force. Until the expiry of the transitional period during which use of the imperial system of units of measurement is authorized by Community provisions relating to units of measurement, the competent national authorities in Ireland and the United Kingdom shall determine, for each product or each category of product, the units of mass, volume, length or area of the international system or the imperial system in which indication of the unit price is compulsory. Article 11 1. Member States may exempt pre-packaged products which are sold by certain small retail businesses and handed directly by the seller to the purchaser from the obligation to indicate the unit price, where the indication of unit prices: - is likely to constitute an excessive burden for such businesses, or - appears to be impracticable owing to the number of products offered for sale, the sales area, its layout or the conditions peculiar to certain forms of trading, such as particular types of itinerant trading. 2. The exemptions referred to in paragraph 1 shall be without prejudice to more stringent obligations to indicate prices existing under national provisions at the time of adoption of this Directive. Article 12 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its adoption. 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 13 This Directive is addressed to the Member States.
[ "UKSI19911382" ]
31988L0315
1988
Council Directive 88/315/EEC of 7 June 1988 amending Directive 79/581/EEC on consumer protection in the indication of the prices of foodstuffs Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 a thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the programmes of the Community for a consumer protection and information policy (4) provide for the estsablishment of common principles for indicating prices; Whereas Council Directive 79/581/EEC of 19 June 1979 on consumer protection in the indication of the prices of foodstuffs (5) requires the Council to take a decision on conditions for applying the obligation to indicate the unit price of foodstuffs pre-packaged in pre-established quantities and at the same time it lays down the categories of foodstuffs whcih may be exempted from this requirement; Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992 at the latest; Whereas the Council resolution of 19 June 1979 on the indication of prices of foodstuffs and non-food household products pre-packaged in pre-established quantities (6) lists the criteria that ranges of quantities must satisfy to qualify for exemption from unit-pricing; Whereas, by establishing simple and easily comparable quantity ranges, the standardization of quantities of pre-packaged foodstuffs is likely to make it easier for the consumer to compare prices at the place of sale; whereas the obligation to display the unit price should, wherever possible, be replaced by such standardization; Whereas ranges of quantities for pre-packaged products are laid down by Directive 80/232/EEC of 15 January 1980 on the approximation of the laws of the Member States relating to the ranges of nominal quantities and nominal capacities permitted for certain pre-packaged products (7), as amended by Directive 86/96/EEC (8), Council Directive 75/106/EEC of 19 December 1974 on the approximation of the laws of the Member States relating to the making-up by volume of certain pre-packaged liquids (9), as last amended by Directive 85/10/EEC (10), Council Directive 73/241/EEC of 24 July 1973 on the apporximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption (11), as last amended by Directive 85/7/EEC (12), Council Directive 73/437/EEC of 11 December 1973 on the approximation of the laws of the Member States concerning certain sugars intended for human consumption (13), as last amended by the Act of Accession of Spain and Portugal (14), and Council Directive 77/436/EEC of 27 June 1977 on the approximation of the laws of the Member States relating to coffee extracts and chicory extracts (15), as last amended by Directive 85/573/EEC (16); Whereas the standardization achieved at Community level to eliminate technical barriers to trade helps to simplify the ranges of quantities of foodstuffs offered to the consumer; whereas provision should be made for the exemption of ranges of quantities established at Community level; Whereas, for certain categories of foodstuffs, standardization at Community level is not appropriate; whereas, in the case of such foodstuffs, provision should be made for the exemption of ranges of quantities established at national level; Whereas the obligation to indicate the unit price may be waived by Member States for products in respect of which such indication would be meaningless; Wherea the rules laid down in this Directive are aimed at informing and protecting consumers, Article 1 Directive 79/581/EEC is hereby amended as follows: 1. Article 1 (2) and (3) are replaced by the following: '2. This Directive shall not apply to foodstuffs sold in hotels, restaurants, cafés, public houses, hospitals, canteens and similar establishments and consumed on the premises, to foodstuffs bought for the purpose of a trade or commercial activity, nor to foodstuffs supplied in the course of the provision of a service, 3. Member States may provide that this Directive shall not apply to foodstuffs sold on the farm or to private sales.'; 2. In Article 2, (b) and (f) are replaced by the following: '(b) "pre-packaged foodstuffs" means foodstuffs packaged other than in the consumers' presence, whether such packaging encloses the foodstuffs completely or only partially; (f) "unit price" means the price for a quantity of one kilogram or one litre of the foodstuffs, subject to Article 6 (2) and the second subparagraph of Article 10.'; 3. Article 3 is amended as follows: (a) paragraph 1 is be replaced by the following: '1. The foodstuffs referred to in Article 1 shall bear an indication of the selling price under the conditions laid down in Article 4. 2. The foodstuffs pre-packaged in pre-established quantities listed in the Annex and the foodstuffs pre-packaged in variable quantities shall also bear an indication of the unit price, subject to Articles 7 to 10.'; (b) paragraphs 2 and 3 become paragraphs 3 and 4; 4. Articles 4 and 5 are replaced by the following: 'Article 4 The selling price and the unit price must be unambiguous, easily identifiable and clearly legible. Each Member State may lay down the specific rules for such indication of prices, e.g. by means of posters, labels on shelves or on packaging. Article 5 Any written or printed advertisement or catalogue which mentions the selling price of foodstuffs referred to in Article 1 shall indicate the unit price, subject to Article 3 (2).'; 5. Article 7 is amended as follows: (a) paragraph 2 is replaced by the following: '2. The foodstuffs referred to in paragraph 1 include in particular: (a) foodstuffs exempt from the obligation to indicate weight or volume (in particular foodstuffs sold by the piece); (b) different foodstuffs sold in a single package; (c) foodstuffs sold from automatic dispensers; (d) prepared dishes or dishes for preparation contained in a single package; (e) fancy products; (f) multipacks referred to in the first subparagraph of Article 4 of Directive 80/232/EEC, where they are made up of individual items corresponding to one of the values appearing in a Community quantity range.'; (b) in paragraph 4, 'five grams or five millilitres' is replaced by '50 grams or 50 millilitres'; 6. Articles 8 and 9 are replaced by the following: 'Article 8 1. The obligation to indicate the unit price shall not apply to: - foodstuffs pre-packaged in pre-established quantities referred to in Article 6 (1) of Directive 73/241/EEC, - foodstuffs pre-packaged in pre-established quantities referred to in Article 6 (2) of Directive 73/241/EEC, - foodstuffs pre-packaged in pre-established quantities referred to in Article 1 (points 1, 2 and 3) of Directive 73/437/EEC, - foodstuffs pre-packaged in pre-established quantities referred to in Article 4 of Directive 77/436/EEC, - foodstuffs pre-packaged in pre-established quantities listed in Annex III points 1, 2, 4, 5 and 6 to Directive 75/106/EEC, where they are sold in the ranges of nominal volumes given in columns I and II of the said Annex, - foodstuffs pre-packaged in pre-established quantities referred to in Annex I (exept for points 1.2, 1.5.4, 1.8, 2 and 3) to Directive 80/232/EEC, where they are sold in the ranges of nominal quantities of contents given in the said Annex. 2. The obligation to indicate the unit price may be waived by the Member States for: - foodstuffs pre-packaged in pre-established quantities referred to in Annex III, points 3, 7, 8 and 9 to Directive 75/106/EEC, where they are sold in the nominal volumes given in columns I and II of the said Annex, - foodstuffs pre-packaged in pre-established quantities referred to in Annex III to Directive 75/106/EEC, where they are sold in re-usable bottles in nominal volumes of 0,70 litre, and foodstuffs pre-packaged in pre-established quantities referred to in points 1 (c), 2 (b), 3 and 7 in Annex III to Directive 75/106/EEC, where they are sold in re-usable bottles in nominal volumes of 0,5 pint, 1,0 pint, 1 1/3 pint and 2,0 pints, - foodstuffs pre-packaged in pre-established quantities listed in Annex I, points 1.2, 1.5.4, 1.8, 2 and 3, and in Annex II, points 1 and 2 to Directive 80/232/EEC, where they are sold in the ranges of nominal quantities given in the said Annexes, and foodstuffs pre-packaged in pre-established quantities listed in Annex I to Directive 80/232/EEC where they are sold in the ranges of nominal capacities given in Annex III to the said Directive. 3. The obligation to indicate the unit price may be waived by the Member States for pre-packaged foodstuffs listed in paragraphs 1 and 2, where they are sold in quantities which are smaller than the lowest or larger than the highest values in the Community ranges. Article 9 When Community measures are adopted concerning the harmonization of ranges of nominal quantities relating to foodstuffs pre-packaged in pre-established quantities or the ranges of quantities previously adopted are revised, the Council, acting on a proposal from the Commission, shall amend Article 8.'; 7. The following Articles are inserted: 'Article 10 As a transitional measure, Member States shall be allowed a period of seven years from the date of adoption of Directive 88/314/EEC (1) to apply the provisions of this Directive relating to the foodstuffs pre-packaged in pre-established quantities referred to in the Annex. During this transitional period, and national measures or practices existing at the date of adoption of Directive 88/314/EEC relating to these foodstuffs may be maintained in force. Until the expiry of the transitional period during which use of the imperial system of units of measurement is authorized by Community provisions relating to units of measurement, the competent national authorities in Ireland and the United Kingdom shall determine, for each foodstuff or each category of foodstuffs, the units of mass or volume of international system or the imperial system in which indication of the unit price is compulsory. Article 11 1. Member States may exempt pre-packaged foodstuffs which are sold by certain small retail businesses and handed directly by the seller to the purchaser from the obligation to indicate the unit price, where the indication of unit prices: - is likely to constitute an excessive burden for such businesses, or - appears to be impracticable owing to the number of foodstuffs offered for sale, the sales area, its layout or the conditions peculiar to certain forms of trading, such as particular types of itinerant trading. 2. The exemptions referred to in paragraph 1 shall be without prejudice to more stringent obligations to indicate prices existing under national provisions at the time of the notification of Directive 88/314/EEC. (1) OJ No L 142, 9. 6. 1988, p. 19.'; 8. The current Articles 10 and 11 become Articles 12 and 13 respectively; 9. The Annex to this Directive is added. Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its adoption. 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 3 This Directive is addressed to the Member States.
[ "UKSI19911382" ]
31988L0316
1988
Council Directive 88/316/EEC of 7 June 1988 amending Directive 75/106/EEC on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 A thereof, Having regard to the proposal from the Commission, In cooperation with the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas, since the adoption of Directive 75/106/EEC (3), as last amended by Directive 85/10/EEC (4), total harmonization of the ranges of nominal quantities for certain liquids referred to in that Directive has appeared necessary; Whereas Directive 75/106/EEC contains no provision on containers or their use; whereas matters concerning the recycling of containers for liquids for human consumption are governed by Directive 85/339/EEC (5); whereas it is therefore necessary to repeal Article 5 (4) of Directive 75/106/EEC; Whereas it is advisable, whenever possible, to ensure total harmonization of ranges of prepackaged products in order to establish a transparent market for them, Article 1 Article 5 of Directive 75/106/EEC is hereby amended as follows: 1. The following phrase is added at the end of paragraph 2: '. . . and in the case of the volumes of 0,375 litre and 0,75 litre for the products listed in 4, up to 31 December 1991.' 2. Paragraph 3 (b) is replaced by the following: '(b) Prepackages containing the products listed in Annex III, 1 (a) and (b), may be marketed after 31 December 1988 only if they have the nominal volumes set out in column I of the said Annex. Packages containing the products listed in Annex III 2 (a) may be marketed after 31 December 1990 only if they have the nominal volumes set out in column I of that Annex. Those prepackages which appear in Annex III, section 4, may be marketed after 31 December 1991 only if they have the nominal volumes set out in the said column I.' 3. The following is added as paragraph 3 (d): '(d) Without prejudice to subparagraph (b), products listed in Annex III, section 4, and having the volume of 0,071 litre may be marketed in Ireland and the United Kingdom.' 4. Paragraph 4 is deleted. Article 2 1. The following volumes is added in column I of Annex III to Directive 75/106/EEC: - in section 1 (s): '3 - 5', - in section 2 (a): '4,5 - 6 - 9', - in section 4: '0,35 - 0,70 - 1,125 (*) - 4,5 - 5 (*) - 10 (*)'. The following footnote is added at the end of Annex III: (*) Values intended exclusively for trade use.'. 2. In column II of Annex III to Directive 75/106/EEC, the volumes '0,35' and '0,70' are deleted for the products specified in 4. Article 3 The following subparagraph is added to Article 1 of Directive 75/106/EEC: 'Prepackages containing the products listed in section 2 (a) and 4 of Annex III which are intended either for the provisioning of aeroplanes, ships and trains or for sale in duty-free shops, shall be excluded from the scope of this Directive.'. Article 4 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 June 1988. They shall forthwith inform the Commission thereof.
[ "UKSI19882039" ]
31988L0379
1988
Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 A thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; Whereas rules on dangerous substances have already been laid down in Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (4), as last amended by Directive 79/831/EEC (5); Whereas rules on certain dangerous preparations having very specific uses have already been laid down: - in Council Directive 73/173/EEC of 4 June 1973 on the approximation of Member States' laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations (solvents) (6), as last amended by Directive 80/781/EEC (7), - in Council Directive 77/728/EEC of 7 November 1977 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of paints, varnishes, printing inks, adhesives and similar products (8), as last amended by Directive 83/265/EEC (9), Whereas, despite the abovementioned Community provisions, the rules, if any, applying to certain dangerous preparations in the Member States exhibit considerable differences as regards classification according to the degree of risk; whereas these differences constitute a not insignificant barrier to trade and directly affect the establishment and functioning of the common market; Whereas it is therefore necessary to remove this barrier by approximating the relevant legislation existing in the Member States and incorporating in it the ´acquis communautaires'; Whereas this Directive must, at the same time, ensure protection for the general public and, in particular, of persons who come into contact with dangerous preparations in the course of their work or in the pursuit of a hobby, of consumers, especially children and the visually handicapped, and also for the environment; Whereas provisions on the classification, packaging and labelling of the preparations must be laid down at Community level; whereas the provisions concerning the information appearing on the label, the dimensions of the label and the assignment of the various danger symbols, standard phrases concerning risks and safety advice have also to be brought into line with Directive 67/548/EEC; Whereas some preparations, although they contain constituents which are dangerous to health, are not necessarily dangerous in the form in which they are placed on the market; whereas there are exceptions, however, and whereas the latter must be the subject of special labelling, as appropriate, in accordance with the provisions of Directive 67/548/EEC as amended by Directive 79/831/EEC, or of Annex II to this Directive; Whereas the assessment of the health hazards of a preparation may, under Article 3, be carried out by a calculation method, by determining the toxicological properties according to well-defined test methods or by a combination of the two; whereas Directive 86/609/EEC stipulates in Article 7 (2) that an experiment shall not be performed if another scientifically satisfactory method of obtaining the result sought, not entailing the ¹ ¹ use of an animal, is reasonably and practically available; whereas this Directive makes use of the results of assessments of toxicological properties only when these are already known and entails no obligation to conduct further experiments on animals; Whereas the label constitutes a basic tool for users of the preparations by giving them the initial essential concise information; whereas it nevertheless needs to be supplemented by a two-fold system of more detailed information, one intended for professional users, and the second for the bodies appointed by the Member States and whose responsibility it is to give information reserved solely for medical purposes, both curative and preventive; Whereas dangerous preparations may, although conforming to the provisions of this Directive, nevertheless constitute a danger to health or the environment; whereas it is therefore advisable to provide a procedure to reduce this danger; Whereas the Commission will, on the basis of information to be supplied by the Member States be obliged to submit a report, within two years of application of this Directive, concerning any inadequacies or loopholes, as compared with the present Directive, in Council Directive 78/631/EEC of 26 June 1978 on the approximation of the laws of the Member States relating to the classification, packaging and labelling of dangerous preparations (pesticides) (10), as last amended by Directive 84/291/EEC (11); whereas on the basis of this report, the Commission will, if appropriate, submit the necessary proposals, Article 1 1. The purpose of this Directive is to approximate the laws, regulations and administrative provisions of the Member States on the: - classification, - packaging, and - labelling of preparations dangerous to man and the environment when they are placed on the market in the Member States. 2. This Directive shall apply to preparations which are placed on the market in the Member States and which: - contain at least one substance classified as dangerous, within the meaning of Article 2, and - are regarded as dangerous within the meaning of Article 3. This Directive shall also apply to the preparations listed in Annex II. 3. This Directive shall not apply to: (a) medicinal or veterinary products as defined by Directive 65/65/EEC (12), as last amended by Directive 87/21/EEC (13); (b) cosmetic products as defined by Directive 76/768/EEC (14), as last amended by Directive 86/199/EEC (15); (c) mixtures of substances which, in the form of waste, are covered by Directive 75/442/EEC (16) and Directive 78/319/EEC (17), as last amended by the Act of Accession of Spain and Portugal; (d) pesticides covered by Directive 78/631/EEC, as last amended by Directive 83/291/EEC; (e) munitions and explosives placed on the market with a view to obtaining a practical effect by explosion or a pyrotechnic effect. In addition, this Directive shall not apply to: (f) foodstuffs in a finished stage intended for the final consumer; (g) animal feedingstuffs in a finished stage intended for the final consumer; (h) the carriage of dangerous substances by rail, road, inland waterway, sea or air; (i) preparations in transit which are under customs supervision provided they do not undergo any treatment or processing. Article 2 The definitions appearing in Article 2 of Directive 67/548/EEC, with the exception of the definition in paragraph 1 (d) thereof, shall apply to this Directive. Article 3 1. The general principles of the classification and labelling of preparations shall be applied according to the criteria in Annex VI to Directive 67/548/EEC, save where the alternative criteria referred to below are applied. 2. The requisite physico-chemical properties for the classification of preparations shall be determined by the methods specified in Annex V (A) to Directive 67/548/EEC. Preparations shall be regarded as explosive, oxidizing, extremely flammable, highly flammable or flammable when the results of the tests carried out by the methods mentioned above comply with the definitions in Article 2 of Directive 67/548/EEC and the specific evaluation criteria detailed in those methods. By way of derogation from the preceding: (a) the determination of the explosive, oxidizing, extremely flammable, highly flammable or flammable properties is not necessary provided, however, that none of the constituents possesses such properties and that on the basis of the information available to the manufacturer the preparation is unlikely to present dangers of this kind; (b) the preparations placed on the market in the form of aerosols are subject to the flammability criteria specified in paragraphs 1.8 and 2.2 (c) of the Annex to Directive 75/324/EEC (18), as last amended by the Act of Accession of Spain and Portugal. 3. The health hazards of a preparation shall be assessed by one or more of the following methods: (a) by the conventional method described below using concentration limits; (b) by determining by means of the methods specified in point B of Annex V to Directive 67/548/EEC, the toxicological properties of the preparation necessary for an appropriate classification and label in accordance with the criteria in Annex VI to that Directive. Any one or more of the toxicological properties of the preparation which are not assessed by the method set out in (b) hereof shall be assessed in accordance with the conventional method. Where a toxicological property has been established by both the methods above, the result of method (b) shall be used for classifying the preparation except in the case of carcinogenic, mutagenic and teratogenic effects. Furthermore, where it can be demonstrated that: - toxicological effects on man differ from those suggested by a toxicological determination or a conventional assessment, then the preparation shall be classified according to its effects on man, - owing to effects such as potentiation a conventional assessment would underestimate the toxicological hazard, these effects shall be taken into account in classifying the preparation, - owing to effects such as antagonism, a conventional assessment would overestimate the toxicological hazard, these effects shall be taken into account in classifying the preparation. 4. For preparations of a known composition classified in accordance with method 3 (b) above a new health hazard assessment either by method 3 (a) or (b) shall be performed whenever: - changes of composition of the initial concentration as a weight/weight percentage, of one or more of the dangerous constituents are introduced by the manufacturer, in accordance with the following table: - Initial concentration range of the constituent Permitted variation in initial concentration of the constituent > § 2,5 % > 2,5 § 10 % > 10 § 25 % > 25 § 50 % > 50 § 100 % ± 15 % ± 10 % ± 6 % ± 5 % ± 2,5 % - changes of composition involving the substitution or addition of one or more constituents, which may or may not be dangerous within the meaning of the definitions of this Directive, are introduced by the manufacturer. 5. In accordance with Article 3 (3) (a), the health hazards shall be assessed by the conventional method described below, using individual concentration limits. Where the dangerous substances listed in Annex I to Directive 67/548/EEC are assigned concentration limits necessary for the application of the method of assessment described below, these concentration limits must be used. Where the dangerous substances do not appear in Annex I to Directive 67/548/EEC or appear there without the concentration limits necessary for the application of the method of evaluation described below, the concentration limits shall be assigned in accordance with the specifications in Annex I to this Directive. When a preparation contains at least one substance which, in accordance with Article 8 (2) of Directive 67/548/EEC, bears the warning ´Caution - substance not yet fully tested', the label of the preparation must bear the warning ´Caution - this preparation contains a substance not yet fully tested' if the substance is present in a concentration equal to or in excess of 1 %. However, this substance must be treated on the same basis as the other substances present in the preparation when applying the method of evaluation by calculation, if the labelling gave at least an indication of the health hazard. In that case, (a) The following preparations shall be regarded as very toxic: ii(i) owing to their acute lethal effects, preparations containing one or more substances classified or regarded as very toxic in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 1 of Annex I (Table I) to this Directive where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits; i(ii) owing to their acute lethal effects, preparations containing more than one substance classified or regarded as very toxic in individual concentrations not exceeding the limits specified either in Annex I to Directive 67/548/EEC or at point 1 of Annex I (Table I) to this Directive if the sum of the quotients obtained by dividing the percentage by weight of each very toxic substance in the preparation by the limit specified for that substance is 1 or more, i.e. S ( ) · 1 S ( PT+ LT+ ) · 1 where: PT+ = is the percentage by weight of each very toxic substance in the preparation, LT+ = is the limit specified for each very toxic substance expressed as a percentage; (iii) owing to their non-lethal irreversible effects after one exposure, preparations containing one or more dangerous substances that produce such effects in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 2 of Annex I (Table II) to this Directive where the substance or substances under consideration do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits. (b) The following preparations shall be regarded as toxic: ii(i) owing to their acute lethal effects, preparations containing one or more substances classified or regarded as very toxic, toxic or in individual concentrations exceeding: - either the concentrations specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 1 of Annex I (Table I) to this Directive where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits; i(ii) owing to their acute lethal effects, preparations containing more than one substance classified or regarded as very toxic or toxic in individual concentrations not exceeding the limits specified either in Annex I to Directive 67/548/EEC or at point 1 of Annex I (Table I) to this Directive if the sum of the quotients obtained by dividing the percentage by weight of each substance in the preparation by the toxic limit specified for that substance is 1 or more, i.e. S ( + ) · 1 S ( PT+ LT + PT LT ) · 1 where: PT+ is the percentage by weight of each very toxic substance in the preparation, PT is the percentage by weight of each toxic substance in the preparation, LT is the limit specified for each very toxic or toxic substance expressed as a percentage; (iii) owing to their non-lethal irreversible effects after one exposure, preparations containing one or more dangerous substances that produce such effects in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 2 of Annex I (Table II) to this Directive where the substance or substances under consideration do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits; i(iv) owing to their long-term effects, preparations containing one or more dangerous substances that produce such effects in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 3 of Annex I (Table III) to this Directive where the substance or substances under consideration do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits. (c) The following preparations shall be regarded as harmful: ii(i) owing to their acute lethal effects, preparations containing one or more substances classified or regarded as very toxic, toxic or harmful in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 1 of Annex I (Table I) to this Directive where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits; i(ii) owing to their acute lethal effects, preparations containing more than one of the substances classified or regarded as very toxic or toxic or harmful in individual concentrations not exceeding the limits specified either in Annex I to Directive 67/548/EEC or at point 1 of Annex I (Table I) to this Directive if the sum of the quotients obtained by dividing the percentage by weight of each substance in the preparation by the harmful limit specified for that substance is 1 or more, i.e. S ( + + ) · 1 S ( PT+ LXn + PT LXn + PXn LXn ) · 1 where: PT+ is the percentage by weight of each very toxic substance in the preparation, PT is the percentage by weight of each toxic substance in the preparation, PXn is the percentage by weight of each harmful substance in the preparation, LXn is the limit specified for each very toxic, toxic or harmful substance expressed as a percentage; (iii) owing to their non-lethal irreversible effects after one exposure, preparations containing one or more dangerous substances that produce such effects in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 2 of Annex I (Table II) to this Directive where the substance or substances under consideration do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits; (iv) owing to their long-term effects, preparations containing one or more dangerous substances that produce such effects in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 3 of Annex I (Table III) to this Directive where the substance or substances under consideration do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits; i(v) owing to their sensitizing effects by inhalation, preparations containing at least one dangerous substance to which is assigned phrase R 42 that produces such effects in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 5 of Annex I (Table V) to this Directive where the substance or substances under consideration do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits. (d) The following preparations shall be regarded as very corrosive (19): i(i) preparations containing one or more substances classified or regarded as corrosive to which is assigned phrase R 35 in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 4 of Annex I (Table IV) to this Directive where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits; (ii) preparations containing more than one substance classified or regarded as corrosive to which is assigned phrase R 35 in individual concentrations not exceeding the limits specified either in Annex I to Directive 67/548/EEC or at point 4 of Annex I (Table IV) to this Directive if the sum of the quotients obtained by dividing the percentage by weight of each corrosive substance in the preparation by the corrosive limit specified for that substance is 1 or more, i.e. S ( ) · 1 S ( PC, R 35 LC, R 35 ) · 1 where: PC, R 35 is the percentage by weight of each corrosive substance in the preparation, LC, R 35 is the corrosive limit specified for each corrosive substance to which is assigned phrase R 35 expressed as a percentage by weight. (e) The following preparations shall also be regarded as corrosive: i(i) preparations containing one or more substances classified or regarded as corrosive to which is assigned phrase R 34 in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 4 of Annex I (Table IV) to this Directive where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits; (ii) preparations containing more than one substance classified or regarded as corrosive to which is assigned phrase R 34 in individual concentrations not exceeding the limits specified either in Annex I to Directive 67/548/EEC or at point 4 of Annex I (Table IV) to this Directive if the sum of the quotients obtained by dividing the percentage by weight of each corrosive substance in the preparation by the corrosive limit specified for that substance is 1 or more, i.e. S ( + ) · 1 S ( PC, R 35 LC, R 34 + PC, R 34 LC, R 34 ) · 1 where: PC, R 35 is the percentage by weight of each corrosive substance to which is assigned phrase R 35 in the preparation, PC, R 34 is the percentage by weight of each corrosive substance to which is assigned phrase R 34 in the preparation, LC, R 34 is the corrosive limit specified for each corrosive substance to which is assigned phrase R 34 expressed as a percentage by weight. (f) The following preparations shall be regarded as liable to cause serious eye damage: i(i) preparations containing one or more substances classified or regarded as irritant and to which is assigned phrase R 41 in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 4 of Annex I (Table IV) to this Directive where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits; (ii) preparations containing more than one of the substances classified or regarded as corrosive or irritant to which is assigned phrase R 41 in individual concentrations not exceeding the limits specified either in Annex I to Directive 67/548/EEC or at point 4 of Annex I (Table IV) to this Directive if the sum of the quotients obtained by dividing the percentage by weight of each substance in the preparation by the irritant limit specified for that substance is 1 or more, i.e. S ( ) · 1 S ( PXi, R 41 LXi, R 41 ) · 1 where: PXi, R 41 is the percentage by weight of each irritant substance to which is assigned phrase R 41 in the preparation, LXi, R 41 is the irritant limit specified for each irritant substance to which is assigned phrase R 41 expressed as a percentage by weight. (g) The following preparations shall be regarded as skin irritants: ii(i) preparations containing one or more substances classified or regarded as corrosive or irritant to which is assigned phrase R 38 in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 4 of Annex I (Table IV) to this Directive where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits; i(ii) preparations containing more than one of the substances classified or regarded as corrosive or irritant to which is assigned phrase R 38 in individual concentrations not exceeding the limits specified either in Annex I to Directive 67/548/EEC or at point 4 of Annex I (Table IV) to this Directive if the sum of the quotients obtained by dividing the percentage by weight of each substance in the preparation by the irritant limit specified for that substance is 1 or more, i.e. S ( + + ) · 1 S ( PC, R 35 LXi, R 38 + PC, R 34 LXi, R 38 + PXi, R 38 LXi, R 38 ) · 1 where: PC, R 35 is the percentage by weight of each corrosive substance to which is assigned phrase R 35 in the preparation, PC, R 34 is the percentage by weight of each corrosive substance to which is assigned phrase R 34 in the preparation, PXi, R 38 is the percentage by weight of each irritant substance to which is assigned phrase R 38 in the preparation, LXi, R 38 is the irritant limit specified for each corrosive or irritant substance to which is assigned phrase R 38 expressed as a percentage by weight; (iii) owing to their sensitizing effects by skin contact, preparations containing at least one dangerous substance to which is assigned phrase R 43 that produces such effects in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance under consideration, or - the concentration specified at point 5 of Annex I (Table V) to this Directive where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits. (h) The following preparations shall be regarded as eye irritants: i(i) preparations containing one or more substances classified or regarded as irritant to which is assigned phrase R 41 or R 36 in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 4 of Annex I (Table IV) to this Directive where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits; (ii) preparations containing more than one of the substances classified or regarded as irritant to which is assigned phrase R 41 or phrase R 36 in individual concentrations not exceeding the limits specified in Annex I to Directive 67/548/EEC or at point 4 of Annex I (Table IV) to this Directive if the sum of the quotients obtained by dividing the percentage by weight of each substance in the preparation by the irritant limit specified for that substance is 1 or more, i.e. S ( + ) · 1 S ( PXi, R 41 LXi, R 36 + PXi, R 36 LXi, R 36 ) · 1 where: PXi, R 41 is the percentage by weight of each irritant substance which is assigned phrase R 41 in the preparation, PXi, R 36 is the percentage by weight of each irritant substance to which is assigned phrase R 36 in the preparation, LXi, R 36 is the irritant limit specified for each irritant substance to which is assigned phrase R 41 or phrase R 36 expressed as a percentage by weight. (i) The following preparations shall be regarded as irritants for the respiratory system: i(i) preparations containing one or more substances classified or regarded as irritant to which is assigned phrase R 37 in individual concentrations exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance or substances under consideration, or - the concentration specified at point 4 of Annex I (Table IV) to this Directive where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits; (ii) preparations containing more than one of the substances classified or regarded as irritant to which is assigned phrase R 37 in individual concentrations not exceeding the limits specified either in Annex I to Directive 67/548/EEC or at point 4 of Annex I (Table IV) to this Directive if the sum of the quotients obtained by dividing the percentage by weight of each substance in the preparation by the irritant limit specified for that substance is 1 or kore, i.e. S ( ) · 1 S ( PXi, R 37 LXi, R 37 ) · 1 where: PXi, R 37 is the percentage by weight of each irritant substance to which is assigned phrase R 37 in the preparation, PXi, R 37 is the irritant limit specified for each irritant substance to which is assigned phrase R 37 expressed as a percentage by weight. (j) Preparations shall be regarded as: carcinogenic and assigned at least the symbol and indication of danger ´toxic', if they contain a substance producing such effects, to which is assigned the standard phrase R 45, which denotes carcinogenic substances in category 1 and category 2, in a concentration equal to or exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance under consideration, or - the concentration specified at point 6 of Annex I (Table VI) to this Directive where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits. (k) Preparations shall be regarded as: suspect for humans owing to their possible carcinogenic effects and assigned at least the symbol and indication of danger ´harmful', if they contain a substance producing such effects to which is assigned the standard phrase R 40, which denotes carcinogenic substances in category 3, in a concentration equal to or exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance under consideration, or - the concentration specified at point 6 in Annex I (Table VI) to this Directive where the substance or substances under consideration do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits. (l) Preparations shall be regarded as: mutagenic and assigned at least the symbol and indication of danger ´toxic' if they contain a substance producing such effects, to which is assigned the standard phrase R 46 which denotes mutagenic substances in category 1, in a concentration equal to or exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance under consideration, or - the concentration specified at point 6 of Annex I (Table VI) to this Directive where the substance or substances under consideration do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits. (m) Preparations shall be regarded as having to be treated as mutagenic and assigned at least the symbol and indication of danger ´harmful' if they contain a substance producing such effects to which is assigned the standard phrase R 46, which denotes mutagenic substances in category 2, in a concentration equal to or exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance under consideration, or - the concentration specified at point 6 of Annex I (Table VI) to this Directive where the substance or substances under consideration do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits. (n) Preparations shall be regarded as: suspect for humans because of their possible mutagenic effects and assigned at least the symbol and indication of danger ´harmful' if they contain a substance producing such effects to which is assigned the standard phrase R 40, which denotes mutagenic substances in category 3, in a concentration equal to or exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance under consideration, or - the concentration specified at point 6 of Annex I (Table VI) to this Directive where the substance or substances under consideration do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits. (o) Preparations shall be regarded as: teratogenic and assigned at least the symbol and indication of danger ´toxic' if they contain a substance producing such effects, which is assigned the standard phrase R 47, which denotes teratogenic substances in category 1, in a concentration equal to or exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance under consideration, or - the concentration specified at point 6 of Annex I (Table VI) to this Directive where the substance or substances under consideration do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits. (p) Preparations shall be regarded as: having to be treated as teratogenic and assigned at least the symbol and indication of danger ´harmful', if they contain a substance producing such effects to which is assigned the standard phrase R 47, which denotes teratogenic substances in category 2, in a concentration equal to or exceeding: - either the concentration specified in Annex I to Directive 67/548/EEC for the substance under consideration, or - the concentration specified at point 6 of Annex I (Table VI) to this Directive where the substance or substances under consideration do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits. (q) Preparations shall be regarded as: having specific effects on health not further defined and assigned at least the symbol and indication of danger ´harmful' if they contain a substance which does not yet appear in Annex I to Directive 67/548/EEC but to which is provisionally assigned the standard phrase R 40 denoting such substances in a concentration exceeding that specified at point 6 of Annex I (Table VI) to this Directive. 6. For preparations covered by this Directive: (a) No account shall be taken of substances whether or not listed in Annex I to Directive 67/548/EEC, whether existing as impurities or as additives, if their concentration by weight is less than: - 0,1 % for substances classified as very toxic or toxic, - 1 % for substances classified as harmful, corrosive or irritant, unless lower values have been specified in Annex I to Directive 67/548/EEC. (b) Dangerous substances not listed in Annex I to Directive 67/548/EEC but used as constituents of a preparation in a concentration by weight higher than that given at point (a) of this paragraph shall be given concentration limits characterizing the health hazards. Some substances may have more than one property harmful to health, e.g. harmfulness/irritation, corrosiveness/harmfulness, corrosiveness/sensitiza- tion; each of these properties must therefore be characterized by its specific concentration limit. These concentration limits shall be determined in accordance with Annex I to this Directive by the manufacturer or any other person who places such a preparation on the market. Article 4 The classification of dangerous preparations according to the degree of hazard and the specific nature of the risks involved shall be based on the definitions laid down in Article 2. The preparations shall be classified according to the greatest degree of hazard in accordance with Article 7 (1) (d). Article 5 1. Member States shall take all necessary measures to ensure that the preparations envisaged by this Directive cannot be placed on the market unless they comply therewith. 2. If there is any doubt with regard to the compliance referred to in paragraph 1, Member States may request information on the composition of the preparation and any other pertinent information. 3. To this end, the manufacturer, or those responsible for placing the preparation on the market, shall hold the data used for the classification and labelling of the preparation at the disposal of the authorities of the Member States. Article 6 1. Member States shall take all the necessary measures to ensure that: (a) dangerous preparations are not placed on the market unless their packaging meets the requirements of Article 15 (1) of Directive 67/548/EEC with respect to their strength, leak-tightness and fastening systems; (b) containers which contain dangerous preparations offered or sold to the general public do not have: - either a shape and/or graphic decoration likely to attract or arouse the active curiosity of children or to mislead consumers, - or a presentation and/or a designation used for human and animal foodstuffs, medicinal or cosmetic products. 2. Member States shall take all the necessary measures to ensure that containers containing certain categories of dangerous preparations offered or sold to the general public and defined in accordance with the procedure referred to in paragraph 3: - are fitted with child-resistant fastenings, - carry a tactile warning of danger. 3. The categories of dangerous preparations the packaging of which have to be fitted with the devices referred to in paragraph 2 shall be defined by the procedure referred to in Article 21 of Directive 67/548/EEC. The technical specifications relating to such devices are given in parts A and B of Annex IX to Directive 67/548/EEC. Article 7 1. The following information shall be clearly and indelibly marked on any package: (a) the trade name or designation of the preparation; (b) the name and full address including the telephone number of the person established in the Community who is responsible for placing the preparation on the market, whether it be the manufacturer, the importer or the distributor; (c) the chemical name of the substance or substances present in the preparation in accordance with the following detailed rules: i(i) - in the case of preparations classified as T+, T or Xn in accordance with Article 3, only T+, T and Xn substances present in concentrations equal to or in excess of the lowest limit (Xn limit) for each of them laid down in Annex I to this Directive or to Directive 67/548/EEC must be taken into consideration, - in the case of preparations classified as C in accordance with Article 3, only C substances present in concentrations equal to or in excess of the lowest limit (Xi limit) laid down in Annex I to this Directive or to Directive 67/548/EEC must be taken into consideration, - in the case of preparations to which are assigned phrases R 42, R 43, or R 42/43 in accordance with Article 3, only substances to which those phrases are assigned and which are present in concentrations equal to or in excess of the limit laid down in Annex I to this Directive or to Directive 67/548/EEC must be taken into consideration; (ii) as a general rule a maximum of four chemical names shall suffice to identify the substances primarily responsible for the major health hazards which have given rise to the classification and the choice of the corresponding phrases referring to the risk involved. In some cases, more than four chemical names may be necessary. If the preparation is assigned in accordance with Article 3, one of the standard phrases R 39, R 40, R 42, R 43, R 42/43, R 45, R 46, R 47 and/or R 48, the name of the substance or substances must be mentioned. The chemical name shall be one of the designations listed in Annex I to Directive 67/548/EEC or an internationally recognized designation if it is not yet listed therein. Where a manufacturer can demonstrate that the disclosure of the chemical identity of a harmful substance not assigned one or more of the R phrases mentioned above on the label of a preparation will put at risk the confidential nature of his property, he shall be permitted to refer to that substance either by means of a name that identifies the most important functional chemical groups or by means of an alternative name. Where this is the case, the manufacturer must inform the authorities of the Member State where the preparation is first placed on the market. These authorities shall inform the Commission and the other Member States. Confidential information brought to the attention of the authorities of a Member State or of the Commission shall be treated in accordance with Article 11 (4) of Directive 67/548/EEC; (d) the symbols, where specified in this Directive, for and indications of the dangers involved in the use of the preparation, in accordance with Article 16 (2) (c) of Directive 67/548/EEC read in conjunction with Annex II thereto, and, in the case of aerosol preparations, in accordance with points 1.8 and 2.2 (c) of the Annex to Directive 75/324/EEC as far as flammability hazards are concerned. Where more than one danger symbol has to be assigned to a preparation: - the obligation to apply the symbol T shall make the symbols C and X optional, - the obligation to apply the symbol C shall make the symbol X optional, - the obligation to apply the symbol E shall make the symbols F and O optional; (e) standard phrases indicating the special risks arising from such dangers (R phrases). The indications concerning special risks (R phrases) shall conform to the wording in Annex III to Directive 67/548/EEC and shall be provided by the manufacturer or any other person placing the preparation on the market, in accordance with Annex I to this Directive and Annex VI, point II (D) to Directive 67/548/EEC. As a general rule a maximum of four R phrases shall suffice to describe the risks; for this purpose the combined phrases listed in the aforementioned Annex III shall be regarded as single phrases. If the preparation falls within more than one danger category, however, these standard phrases must cover all the principal hazards associated with the preparation. Thus, if a preparation is classified as both harmful and irritant, it shall be labelled ´harmful' and attention shall be drawn to its twin harmful and irritant characteristics by the appropriate R phrases. The standard phrases ´extremely flammable' or ´highly flammable' need not appear if they repeat an indication of danger used pursuant to paragraph (d); (f) one or more standard phrases indicating the safety advice relating to the use of the preparation (S phrases). The indications giving safety advice (S phrases) shall conform to the wording in Annex IV to Directive 67/548/EEC and shall be provided by the manufacturer or any other person placing the preparation on the market, in accordance with Annex II to this Directive and Annex VI, point II (D) to Directive 67/548/EEC. As a general rule, a maximum of four S phrases shall suffice to formulate the most appropriate safety advice; for this purpose the combined phrases listed in the aforementioned Annex IV shall be regarded as single phrases. The package shall be accompanied by safety advice on the use of the preparation where it is physically impossible to include the advice on the label or package itself. In the case of highly flammable and flammable oxidizing preparations, there is no need to give a reminder of the special risks or the safety advice if the contents of the package do not exceed 125 ml. The same shall apply in the case of irritant preparations except where they contain substances that might cause sensitization. (g) the nominal quantity (nominal mass or nominal volume) of the contents in the case of preparations sold to the general public. 2. The special provisions applicable to certain preparations are set out in Annex II. 3. Article 3 (6) (a) shall apply mutatis mutandis to labelling. 4. Information such as ´non toxic', ´not harmful' or any other statement indicating that the preparation is not dangerous may not appear on the packaging or labelling of the preparations referred to in this Directive. Article 8 1. Where the particulars required by Article 7 appear on a label, that label shall be firmly affixed to one or more surfaces of the packaging so that the said particulars can be read horizontally when the package is set down normally. The dimensions of the label shall be as follows: Capacity of the package Dimensions (in millimetres) - not exceeding three litres: if possible at least 52×74 - greater than three litres but not exceeding 50 litres: at least 74×105 - greater than 50 litres but not exceeding 500 litres: at least 105×148 - greater than 500 litres: at least 148×210 Each symbol shall cover at least one-tenth of the surface area of the label but shall not be less than 1 cm$. The entire surface of the label shall adhere to the package immediately containing the preparation. These dimensions are intended solely for provision of the information required by this Directive and if necessary of any supplementary health or safety information. 2. A label is not required when the particulars are clearly shown on the package itself, as specified in paragraph 1. 3. The colour and presentation of the label - or, in the case of paragraph 2, of the package - shall be such that the danger symbol and its background stand out clearly from it. 4. Member States may make the placing of dangerous preparations on the market in their territory subject to the use of their official language or languages for the purposes of labelling. 5. For the purpose of this Directive, labelling requirements shall be deemed to be satisfied: (a) in the case of an outer package containing one or more inner packages, if the outer package is labelled in accordance with international rules on the transport of dangerous preparations and the inner package or packages are labelled in accordance with this Directive; (b) in the case of a single package, if such a package is labelled in accordance with international rules on the transport of dangerous preparations and with Article 7 (1) (a), (b), (c), (e) and (f), and (3). For dangerous preparations that are not leaving the territory of a Member State, the labelling may be in accordance with national regulations instead of with the international rules on the transport of dangerous preparations. Article 9 1. Member States may: (a) permit the labelling required by Article 7 to be applied in some other appropriate manner on packages which are either too small or otherwise unsuitable for labelling in accordance with Article 8 (1) and (2); (b) by way of derogation from Articles 6 and 7, permit the packaging of dangerous preparations which are neither explosive, very toxic nor toxic to be unlabelled or to be labelled in some other way if they contain such small quantities that there is no reason to fear any danger to persons handling such preparations or to other persons. 2. If a Member State makes use of the options provided for in paragraph 1, it shall forthwith inform the Commission thereof. Article 10 Member States shall take the measures necessary to implement a system of specific information (in safety data-sheet form) relating to dangerous preparations. The detailed arrangements for this system shall be laid down in accordance with the procedure provided for in Article 21 of Directive 67/548/EEC within a period of three years after the adoption of the Directive, taking into account the systems in force in the Member States. This information is principally intended for use by industrial users and must enable them to take the necessary measures as regards the protection of health and safety at the place of work. Article 11 This Directive shall not affect the right of Member States to specify, in due compliance with the Treaty, the requirements they deem necessary to ensure that workers are protected when using the dangerous preparations in question, provided this does not mean that the classification, packaging, and labelling of dangerous preparations are modified in a way not provided for in this Directive. Article 12 Member States shall appoint the body or bodies responsible for receiving information on dangerous preparations, including their chemical composition, placed on the market. Member States shall take the necessary steps to ensure that the appointed bodies provide all the requisite guarantees for maintaining the confidentiality of the information received. Such information may only be used to meet any medical demand by formulating preventive and curative measures, in particular in emergencies. Member States shall ensure that the information is not used for other purposes. For preparations already on the market, Member States shall take measures to comply with this Directive within three years from the adoption thereof. Member States shall ensure that the appointed bodies shall have at their disposal all the information required to carry out the tasks for which they are responsible from the manufacturers or persons responsible for marketing. Article 13 Member States shall not prohibit, restrict or impede, on the grounds of classification, packaging or labelling as defined in this Directive, the placing on the market of dangerous preparations which satisfy thisDirective and in particular Annex II thereto. Article 14 1. Where a Member State has detailed evidence that a preparation, although satisfying the requirements of this Directive, constitutes a hazard by reason of its classification, packaging or labelling, it may provisionally prohibit the sale of that hazardous preparation or subject it to special conditions in its territory. It shall immediately inform the Commission and the other Member States of such action and give reasons for its decision. 2. In the case referred to in paragraph 1, the Commission shall consult the Member States concerned as soon as possible and then deliver its opinion without delay and take the appropriate measures. If the Commission considers that technical adaptations to this Directive are necessary, such adaptations shall be adopted in accordance with the procedure laid down in Article 21 of Directive 67/548/EEC. In such a case, Member States which have adopted safeguard measures may maintain them until the adaptations enter into force. Article 15 Amendments required to adapt the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 21 of Directive 67/548/EEC. Article 16 1. Member States shall bring into force not later than 36 months after the adoption of this Directive the laws, regulations and administrative provisions necessary to comply therewith. They shall forthwith inform the Commission thereof. 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 not more than six months thereafter. 3. On the date this Directive enters into force, Directives 73/173/EEC and 77/728/EEC shall cease to apply. Nevertheless, preparations which are in conformity with the specifications of the abovementioned Directives may continue to be placed on the market until one year after the abovementioned date. Article 17 This Directive is addressed to the Member States.
[ "UKSI19933050" ]
31988L0344
1988
Council Directive 88/344/EEC of 13 June 1988 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients Having regard to the Treaty establishing the European Economic Community and in particular Article 100a thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas differences between national laws relating to extraction solvents hinder the free movement of foodstuffs and may create conditions of unequal competition thereby directly affecting the establishment or functioning of the common market; Whereas the approximation of those laws is therefore necessary if the free movement of foodstuffs is to be achieved; Whereas laws relating to extraction solvents for use in foodstuffs should take account primarily of human health requirements but also, within the limits required for the protection of health, of economic and technical needs; Whereas such approximation must involve the establishment of a single list of extraction solvents for the preparation of foodstuffs or food ingredients; whereas general purity criteria should also be specified; Whereas the use of an extraction solvent under conditions of good manufacturing practice should result in the removal of all or the major part of the solvent residues from the foodstuff or food ingredient; Whereas, under such conditions, the presence of residues or derivatives in the final foodstuff or food ingredient may be unintentional but technically unavoidable; Whereas, although in general a specific limitation is useful, it need not be laid down for substances listed in Part I of the Annex which have been found acceptable from the point of view of safety to the consumer when used under conditions of good manufacturing practice; Whereas to take account of protection of public health, the conditions of use of other extraction solvents listed in Parts II and III of the Annex and residues permitted in food and food ingredients must be established; Whereas, pending the adoption of Community rules on flavourings, Member States should not be prevented from authorizing, as extraction solvents for certain flavourings, substances used for diluting and dissolving such materials; Whereas the provisions on certain extraction solvents should be reviewed within a period of time on the basis of the ongoing scientific and technical research on the acceptability of such solvents and the conditions for their use; Whereas specific purity criteria for extraction solvents and methods of analysis and sampling of extraction solvents in and on foodstuffs should be established; Whereas, should the use of an extraction solvent provided for in this Directive appear to constitute a health risk as a result of new information, Member States should be able to suspend or limit such use, or to reduce existing limits, pending a decision at Community level; Whereas the establishment of sampling procedures and of the methods of analysis required for checking the substances listed and their purity standards constitute technical implementing measures; whereas in order to simplify and expedite these procedures and facilitate their application it is desirable to ensure close cooperation between the Member States and the Commission within the Standing Committee for Foodstuffs set up by Council Decision 69/414/EEC (1), Article 1 1. This Directive applies to extraction solvents used or intended for use in the production of foodstuffs or food ingredients. This Directive shall not apply to extraction solvents used in the production of food additives, vitamins and other nutritional additives, unless such food additives, vitamins or nutritional additives are listed in the Annex. However, the Member States shall ensure that the use of food additives, vitamins and other nutritional additives does not result in foodstuffs containing extraction solvent residue levels dangerous to human health. 2. This Directive does not affect the laws of the Member States relating to the use of methanol, propan-1-ol, propan-2-ol and tricholoroethylene as extraction solvents in the production of foodstuffs or food ingredients. 3. For the purposes of this Directive: (a) 'solvent' means any substance for dissolving a foodstuff or any component thereof, including any contaminant present in or on that foodstuff; (b) 'extraction solvent' means a solvent which is used in an extraction procedure during the processing of raw materials, of foodstuffs, or of components or ingredients of these products and which is removed but which may result in the unintentional, but technically unavoidable, presence of residues or derivatives in the foodstuff or food ingredient. Article 2 1. Member States shall authorize the use as extraction solvents in the manufacture of foodstuffs or food ingredients of those substances and materials listed in the Annex, under the conditions of use and where appropriate within the maximum residue limits therein specified. Member States may not prohibit, restrict or obstruct the marketing of foodstuffs or food ingredients on grounds relating to the extraction solvents used or their residues if these comply with the provisions of this Directive. 2. Member States shall not authorize the use of other substances and materials as extraction solvents, nor extend the conditions or use or permitted residues of the extraction solvents listed in the Annex beyond those specified therein. 3. Until the adoption of Community provisions on substances used for diluting and dissolving flavourings Member States may, on their territory, allow the use, as solvents for the extraction of flavourings from natural flavouring materials, of substances used for diluting or dissolving flavourings. 4. Water, to which substances regulating acidity or alkalinity may have been added, other food substances which possess solvent properties and ethanol are authorized as extraction solvent the manufacture of foodstuffs or food ingredients. 5. Within two years of the adoption of this Directive, the Commission shall, after consulting the Scientific Committee for Food, re-examine the provisions relating to Part I of the Annex hereto and to the following substances and shall propose any necessary amendments acting in accordance with the procedure laid down in Article 100a of the Treaty: Butan-1-ol Butan-2-ol Methyl-propan-1-ol Methyl-propan-2-ol Methyl acetate Cyclohexane Dichloromethane Hexane Ethylmethylketone Isobutane Diethyl ether As part of this amendment, the Council shall decide whether the residues of the extraction solvents listed in Part III of the Annex should refer to flavourings rather than foodstuffs. 6. The Commission, after consulting the Scientific Committee for Food, shall re-examine the situation with regard to the substances referred to in Article 1 (2) and submit any appropriate proposal to the Council: - three years after the adoption of this Directive with regard to methanol, propan-1-ol and propan-2-ol, - seven years after the adoption of this Directive with regard to trichloroethylene. Article 3 Member States shall take all measures to ensure that the substances and materials listed as extraction solvents in the Annex satisfy the following purity criteria: (a) they shall not contain a toxicologically dangerous amount of any element or substance; (b) subject to any exceptions deriving from the specific purity criteria referred to in (c), they shall not contain more than 1 mg/kg of arsenic or more than 1 mg/kg of lead; (c) they shall satisfy the specific purity criteria determined in accordance with Article 4. Article 4 The following shall be determined in accordance with the procedure laid down in Article 6: (a) the methods of analysis necessary to verify compliance with the general and specific purity criteria referred to in Article 3; (b) the procedure for taking samples and the methods for qualitative and quantitative analysis of the extraction solvents cited in the Annex used in foodstuffs or food ingredients; (c) if necessary, the specific purity criteria for the extraction solvents listed in the Annex, and in particular maximum permitted limits of mercury and cadmium in the extraction solvents; these criteria are to be adopted within three years from the date of adoption of this Directive. Article 5 1. Where a Member State, as a result of new information or of a reassessment of existing information made since the Directive was adopted, has detailed grounds for establishing that the use in foodstuffs of any substance listed in the Annex or the level of one or more of the components referred to in Article 3 contained in such substances might endanger human health although it complies with the conditions laid down in this Directive, that Member State may temporarily suspend or restrict application of the provisions in question in its territory. It shall immediately inform the other Member States and the Commission thereof and give reasons for its decision. 2. The Commission shall examine as soon as possible the evidence given by the Member State concerned and consult the Standing Committee for Foodstuffs, and shall then deliver its opinion forthwith and take the appropriate measures, which may replace the measures referred to in paragraph 1. 3. If the Commission considers that amendments to the Directive are necessary in order to resolve the difficulties mentioned in paragraph 1 and to ensure the protection of human health, it shall initiate the procedure laid down in Article 6 with a view to adopting these amendments. Any Member State which has adopted safeguard measures may in that event retain them until the amendments enter into force in its territory. Article 6 1. Where the procedure laid down in this Article is to be followed, the chairman shall refer the matter to the Standing Committee for Foodstuffs. 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 period fixed by the chairman according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote. 3. (a) The Commission shall adopt the intended measures when they are in accordance with the Committee's opinion. (b) Where the intended measures are not in accordance with the opinion of the Committee, or in the absence of any opinion, the Commission shall forthwith submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. (c) If, on the expiry of three months from the date on which the matter was referred to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures. Article 7 1. Member States shall take all the necessary measures to ensure that the substances listed in the Annex and intended for use as extraction solvents in foodstuffs may not be marketed unless their packaging, containers or labels carry the following information in such a way as to be easily visible, clearly legible and indelible: (a) the commercial name as given in the Annex; (b) a clear indication that the material is of a quality suitable for use for the extraction of food or food ingredients; (c) a reference by which the batch or lot may be identified; (d) the name or business name and address of the manufacturer or packer or of a seller established within the Community; (e) the net quantity given as units of volume; (f) if necessary, the special storage conditions or conditions of use. 2. By way of derogation from paragraph 1, the information specified in points (c), (d), (e) and (f) of that paragraph may appear merely on the trade documents relating to the batch or lot which are to be supplied with or prior to the delivery. 3. This Article is without prejudice to more precise or more extensive Community provisions regarding weights and measures or provisions applying to the classification, packaging and labelling or dangerous substances and preparations. 4. Member States shall refrain from laying down requirements more detailed than those already contained in this Article concerning the manner in which the particulars provided are to be shown. Member States shall, however, ensure that the sale of extraction solvents within their own territories is prohibited if the particulars provided for in this Article do not appear in a language easily understood by purchasers, unless other measures have been taken to ensure that the purchaser is informed. This provision shall not prevent such particulars from being indicated in various languages. Article 8 1. This Directive shall apply equally to extraction solvents used or intended for use in the production of foodstuffs or ingredients imported into the Community. 2. This Directive shall not apply to extraction solvents, or foodstuffs intended for export outside the Community. Article 9 Member States shall take the measures necessary to comply with this Directive within three years of its adoption, so as to authorize from that date trade in and use of extraction solvents complying with the provisions of this Directive and to prohibit trade in and use of extraction solvents which do not comply therewith. They shall immediately inform the Commission thereof. Article 10 This Directive is addressed to the Member States.
[ "UKSI19931658" ]
31988L0380
1988
Council Directive 88/380/EEC of 13 June 1988 amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas, for the reasons given below, the following Directives on the marketing of seed and propagating material should be amended: - Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed (3), as last amended by Directive 88/95/EEC (4), - Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (5), as last amended by Directive 87/480/EEC (6), - Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (7), as last amended by Directive 87/120/EEC (8), - Council Directive 66/403/EEC of 14 June 1966 on the marketing of seed potatoes (9), as last amended by Directive 87/374/EEC (10), - Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (11), as last amended by Directive 87/480/EEC, - Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural plant species (12), as last amended by Directive 86/155/EEC (13), - Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (14), as last amended by Directive 87/481/EEC (15); Whereas, owing to their increased importance in the Community, rescue grass, Alaska brome-grass, California bluebell, triticale, Chinese cabbage and industrial chicory should be included in the scope of the Directives; whereas, for the same reason, hybrid varieties of certain additional cereal species and sunflower should also be included in the scope of the Directives; whereas the conditions to be satisfied by the crop and by the seed of those species and variety types should be in conformity with the schemes for seed moving in international trade laid down by the Organization for Economic Cooperation and Development (OECD), except for cross-pollinating varieties of triticale and hybrid varieties of certain additional cereal species, where the OECD has not yet adopted such conditions; Whereas it seems advisable, on the one hand, to revise certain provisions in order to facilitate the reproduction of seed in Member States other than that of origin and, on the other hand, to provide for Community measures to ensure the identity of that seed marketed as grown for processing; Whereas it seems advisable that additional periods should be granted to Member States to allow seed of self-pollinating cereal species which has not been the subject of an official field inspection to be certified officially under certain conditions and to permit the marketing of specific varieties of rye not satisfying certain conditions laid down in Annex II to Directive 66/402/EEC, in order that the necessary experience for a more general and definitive solution may be acquired, in particular, with regard to rye, in the light of information to be supplied by the United Kingdom; Whereas it seems advisable that, for the purpose of seeking improved alternative solutions to certain elements of the certification schemes adopted under the Directives, temporary experiments under specific conditions should be organized; whereas, therefore, a legal basis to that effect should be introduced; Whereas the provisions on the information required for the official label in respect of species and variety names should be improved with the aim of providing better information for seed users and facilitating intra-Community trade; Whereas it should be ensured that the suppliers' labels required under national provisions are drawn up in such a way that they cannot be confused with the official labels; Whereas it is desirable to make it easier for Member States to exclude seed of cereal species or oil and fibre plant species of low economic importance from the scope of Directives 66/402/EEC and 69/208/EEC; Whereas, in the case of Directive 70/458/EEC, certain provisions on varieties of vegetable species should be adapted in such a manner as to permit current developments to be taken into account in the process of renewal of the official acceptance of certain varieties; Whereas, as a general rule, the conditions in respect of the value of a variety for cultivation or use should not be required for the acceptance of varieties (inbred lines, hybrids) which are intended solely as components for hybrid varieties; Whereas it should be possible to require the suitability for specific purposes of varieties of grasses not intended for the production of fodder plants to be shown; Whereas applications by the Hellenic Republic to be authorized to prohibit the marketing in all or part of its territory of seed or propagating material of certain varieties listed in the Common Catalogue of Varieties of Agricultural Plant Species or the Common Catalogue of Varieties of Vegetable Species should be taken into consideration in order to permit the Hellenic Republic to complete the adaptation of its seed and propagating material production and marketing to the Community requirements relating to the common catalogues; Whereas it is useful to clarify certain provisions of the abovementioned Directives; Whereas it is appropriate to postpone the date of implementation of the amendments already made to the abovementioned Directives by Council Directive 86/155/EEC and Commission Directive 86/320/EEC so as to bring the date into conformity with the main date of implementation of this Directive, Article 1 Directive 66/400/EEC is hereby amended as follows: 1. in Article 2 (1) (E), '(bb)' is replaced by '(aa) (a) and (bb)'; 2. the following paragraph is inserted in Article 2: '1a. The different types of varieties, including the components, eligible for certification under the provisions of this Directive, may be specified and defined in accordance with the procedure laid down in Article 21.'; 3. former Article 12 becomes Article 12 (1); 4. the following paragraph is added in Article 12: '2. The label referred to in paragraph 1 shall be drawn up in such a manner that it cannot be confused with the official label referred to in Article 11 (1).'; 5. the following Article 13a is inserted: 'Article 13a For the purpose of seeking improved alternatives to certain elements of the certification scheme adopted under this Directive, it may be decided to organize temporary experiments under specified conditions at Community level in accordance with the provisions laid down in Article 21. In the framework of such experiments, Member States may be released from certain obligations laid down in this Directive. The extent of that release shall be defined with reference to the provisions to which it applies. The duration of an experiment shall not exceed seven years.'; 6. in Article 14 (2) (c), '(bb)' is replaced by '(aa) (a) and (bb)'; 7. the fifth and sixth indents of Article 14 (3) (c) are replaced by the following: '- species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authorities' names, or under its common name, or both; indication whether sugar beet or fodder beet, '- variety, indicated at least in roman characters,'; 8. Article 15 is replaced by the following: 'Article 15 1. Member States shall provide that beet seed - which has been produced directly from basic seed officially certified in one or more Member States or in a third country which has been granted equivalence under Article 16 (1) (b), and - which has been harvested in another Member State, shall, on request and without prejudice to the provisions of Directive 70/457/EEC, be officially certified as certified seed in any Member State if that seed has undergone field inspection satisfying the conditions laid down in Annex I (A) for the relevant category and if official examination has shown that the conditions laid down in Annex I (B) for the same category are satisfied. Where in such cases the seed has been produced directly from officially certified seed of generations prior to basic seed, Member States may also authorize official certification as basic seed, if the conditions laid down for that category are satisfied. 2. Beet seed which has been harvested in another Member State, and which is intended for certification in accordance with the provisions laid down in paragraph 1, shall - be packed and labelled with an official label satisfying the conditions laid down in Annex IV (A) and (B), in accordance with the provisions laid down in Article 10 (1), and - be accompanied by an official document satisfying the conditions laid down in Annex IV (C). 3. The Member States shall also provide that beet seed - which has been produced directly from basic seed officially certified in one or more Member States or in a third country which has been granted equivalence under Article 16 (1) (b), and - which has been harvested in a third country, shall, on request, be officially certified as certified seed in any of those Member States where the basic seed was either produced or officially certified, if the seed has undergone field inspection satisfying the conditions laid down in an equivalence decision made under Article 16 (1) (a) for the relevant category, and if official examination has shown that the conditions laid down in Annex I (B) for the same category are satisfied. Other Member States may also authorize official certification of such seed.'; 9. Annex III (A) (I) (4) is replaced by the following: '4. Species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authorities' names, or under its common name, or both; indication whether sugar beet or fodder beet'; 10. the following is added to Annex III (A) (I) (5): 'indicated at least in roman characters.'; 11. Annex III (B) (6) is replaced by the following: '6. Species, indicated at last in roman characters; indication whether sugar beet of fodder beet,'; 12. the following is added to Annex III (B) (7): 'indicated at least in roman characters,'; 13. the following Annex is added: 'ANNEX IV Label and document provided in the case of seed not finally certified, harvested in another Member State A. Information required for the label - authority responsible for field inspection and Member State or their initials, - species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authorities' names, or under its common name, or both; indication whether sugar beet or fodder beet, - variety, indicated at least in roman characters, - category, - field or lot reference number, - declared net or gross weight, - the words "seed not finally certified''. B. Colour of the label The label shall be grey. C. Information required for the document - authority issuing the document, - species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authorities' names, or under its common name, or both; indication whether sugar beet or fodder beet, - variety, indicated at least in roman characters, - category, - reference number of the seed used to sow the field and name of the country or countries which certified that seed, - field or lot reference number, - area cultivated for the production of the lot covered by the document, - quantity of seed harvested and number of packages, - attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled, - where appropriate, results of a preliminary seed analysis.' Article 2 Directive 66/401/EEC is hereby amended as follows: 1. in Article 2 (1) (A) (a), 'Bromus catharticus Vahl Rescue grass 'Bromus sitchensis Trin. Alaska brome-grass' is inserted after 'Arrhenatherum elatius (L.) P. Beau. ex J. S. and K. B. Presl. Tall oatgrass' and in Article 2 (1) (A) (c), 'Phacelia tanacetifolia Benth. California bluebell' is inserted after 'Brassica oleracea L. convar. acephala (DC) Alef. var. medullosa Thell + var. viridis L. Fodder kale'; 2. in Article 2 (1a) of the English version, 'descriptions' is replaced by 'names'; 3. former Article 2 (1b) and (1c) become 2 (1c) and (1d) respectively; 4. the following paragraph is inserted in Article 2: '1b. The different types of varieties, including the components, eligible for certification under this Directive may be specified and defined in accordance with the procedure laid down in Article 21.'; 5. former Article 11 becomes Article 11 (1); 6. the following paragraph is added in Article 11: '2. The label referred to in paragraph 1 shall be drawn up in such a manner that it cannot be confused with the official label referred to in Article 10 (1).'; 7. the following Article 13a is inserted: 'Article 13a For the purpose of seeking improved alternatives to certain elements of the certification scheme adopted under this Directive, it may be decided to organize temporary experiments under specified conditions at Community level in accordance with the procedure laid down in Article 21. In the framework of such experiments, Member States may be released from certain obligations laid down in this Directive. The extent of that release shall be defined with reference to the provisions to which it applies. The duration of an experiment shall not exceed seven years.'; 8. the fifth and sixth indents of Article 14 (3) (c) are replaced by the following: '- species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters, '- variety, indicated at least in roman characters,'; 9. the following sentence is added to Article 14 (3): 'In accordance with the procedure laid down in Article 21, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.'; 10. Article 15 is replaced by the following: 'Article 15 1. The Member States shall provide that fodder plant seed - which has been produced directly from basic seed or certified seed officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 16 (1) (b), or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and - which has been harvested in another Member State, shall, on request and without prejudice to the provisions of Directive 70/457/EEC, be officially certified as certified seed in any Member State if that seed has undergone field inspection satisfying the conditions laid down in Annex I for the relevant category and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied. Where in such cases the seed has been produced directly from officially certified seed of generations prior to basic seed, Member States may also authorize official certification as basic seed, if the conditions laid down for that category are satisfied. 2. Fodder plant seed which has been harvested in another Member State, and which is intended for certification in accordance with the provisions laid down in paragraph 1, shall: - be packed and labelled with an official label satisfying the conditions laid down in Annex V (A) and (B), in acordance with the provisions laid down in Article 9 (1), and - be accompanied by an official document satisfying the conditions laid down in Annex V (C). 3. The Member States shall also provide that fodder plant seed - which has been produced directly from basic seed or certified seed officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 16 (1) (b), or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and - which has been harvested in a third country, shall, on request, be officially certified as certified seed in any of those Member States where the basic seed or certified seed referred to above was either produced or officially certified, if the seed has undergone field inspection satisfying the conditions laid down in an equivalence decision made under Article 16 (1) (a) for the relevant category, and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied. Other Member States may also authorize official certification of such seed.'; 11. in Annex I (2) in the first column of the table, 'Phacelia tanacetifolia' is inserted each time after 'Brassica spp.'; 12. in the second sentence of the French version of Annex I (3) 'la variété' is replaced by 'l'espèce'; 13. in the heading of column 4 of the French version of Annex II (I) (2) (A), 'animale' is replaced by 'minimale'; 14. in Annex II (I) (2) (A) the following are inserted after 'Arrhenatherum elatius' and 'Brassica oleracea convar. acephala', respectively: >TABLE> 15. in Annex II (II) (2) (A) the following are inserted after 'Arrhenatherum elatius' and 'Brassica oleracea convar. acephala', respectively: >TABLE> 16. in Annex III the following are inserted after 'Arrhenatherum elatius' and 'Brassica oleracea convar. acephala', respectively: >TABLE> 17. the following is added to Annex IV (A) (I) (a) (4): 'indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters,'; 18. the following sentence shall be added to Annex IV (A) (I) (a): 'In accordance with the procedure laid down in Article 21, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.'; 19. the following is added to Annex IV (A) (I) (a) (5): 'indicated at least in roman characters,'; 20. the following is added to Annex IV (A) (I) (b) (5): 'indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters'; 21. the following is added to Annex IV (A) (I) (b): 'In accordance with the procedure laid down in Article 21, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.'; 22. the following is added to Annex IV (A) (I) (c) (4) after 'shown by species and, where appropriate, by variety': 'both indicated at least in roman characters; 23. in the last sentence of the Italian version of Annex IV (A) (I) (c) (4), 'al fornitore' is replaced by 'all'acquirente'; 24. the following is added to Annex IV (B) (a) (6): 'indicated at least in roman characters,'; 25. the following is added to Annex IV (B) (a) (7): 'indicated at least in roman characters,'; 26. the following is added to Annex IV (B) (b) (6): 'indicated at least in roman characters,'; 27. the following is added to Annex IV (B) (c) (11) after 'shown by species and, where appropriate, by variety': 'both indicated at least in roman characters; 28. the following Annex is added: 'ANNEX V Label and document provided in the case of seed not finally certified, harvested in another Member State A. Information required for the label - authority responsible for field inspection and Member States or their initials, - species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters, - variety, indicated at least in roman characters, - category, - field or lot reference number, - declared net or gross weight, - the words ''seed not finally certified''. In accordance with the procedure laid down in Article 21, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed. B. Colour of the label The label shall be grey. C. Information required for the document - authority issuing the document, - species, indicated at least under its botanical name, which may be given in abridged form and without the authorities names, in roman characters, - variety, indicated at least in roman characters, - category, - reference number of the seed used to sow the field and name of the country or countries which certified that seed, - field or lot reference number, - area cultivated for the production of the lot covered by the document, - quantity of seed harvested and number of packages, - number of generations after basic seed, in the case of certified seed, - attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled, - where appropriate, results of a preliminary seed analysis.' Article 3 Directive 66/402/EEC is hereby amended as follows: 1. in Article 2 (1) (A), 'X Triticosecale Wittm. Triticale' are inserted after 'Sorghum sudanense (Piper) Stapf Sudan grass'; 2. in Article 2 (1) (A) of the German version, in the line 'Phalaris canariensis L', 'Kanariensaat' is replaced by 'Kanariengras': 3. in Article 2 (1) (C) the introductory words are replaced by: 'C. Basic seed (oats, barley, rice, canary grass, rye triticale, wheat, durum wheat and spelt wheat, other than hybrids in each case): seed'; 4. the following is added in Article 2 (1): 'Ca. Basic seed (hybrids of oats, barley, rice, wheat, durum wheat and spelt wheat): (a) which is intended for the production of hybrids; (b) which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed; and (c) which has been found by official examination to satisfy the abovementioned conditions.'; 5. in Article 2 (1) (E) the introductory words are replaced by the following: 'E. Certified seed (canary grass and rye, other than hybrids in each case, sorghum, Sudan grass, maize and hybrids of oats, barley, rice, wheat, durum wheat and spelt wheat): seed; 6. in Article 2 (1) (F), the introductory words are replaced by the following: 'F. Certified seed of the first generation (oats, barley, rice, triticale, wheat, durum wheat and spelt wheat, other than hybrids in each case): seed'; 7. in Article 2 (1) (G), the introductory words are replaced by the following: 'G. Certified seed of the second generation (oats, barley, rice, triticale, wheat, durum wheat and spelt wheat, other than hybrids in each case): seed'; 8. in Article 2 (1a) of the English version, 'descriptions' is replaced by 'name'; 9. former Article 2 (1b) and (1c) become Article 2 (1d) and (1e) respectively; 10. the following paragraphs are inserted in Article 2: 1b. Amendments to be made to paragraph 1 (C) (Ca), (E), (F) and (G) for the purpose of including hybrids of canary grass, rye and triticale in the scope of this Directive shall be adopted in accordance with the procedure laid down in Article 21. 1c. The different types of varieties, including the components, eligible for certification under the provisions of this Directive, may be specified and defined in accordance with the procedure laid down in Article 21. In accordance with the same procedure the definitions in paragraph 1 (B) shall be adapted accordingly.'; 11. in Article 2 (1) (c), '30 June 1982' is replaced by '30 June 1987' and the second indent is deleted; 12. in Article 2 (2) (d), '31 December 1982' is replaced by '30 June 1989'; 13. the following paragraph is added to Article 4: '3. In the case of triticale seed intend for marketing in their own territory, Member States may reduce to 80 % the minimum germination required under Annex II. If, in such cases, triticale seed does not satisfy the conditions laid down in Annex II in respect of germination, this fact, and the fact that the seed is for marketing only in the territory of the Member State concerned, shall be stated on the label.'; 14. former Article 11 becomes Article 11 (1); 15. the following paragraph is added to Article 11: '2. The label referred to in paragraph 1 shall be drawn up in such a manner that it cannot be confused with the official label referred to in Article 10 (1).'; 16. the following Article 13a is inserted: 'Article 13a For the purpose of seeking improved alternatives to certain elements of the certification scheme adopted under this Directive, it may be decided to organize temporary experiments under specified conditions at Community level in accordance with the procedure laid down in Article 21. In the framework of such experiments, Member States may be released from certain obligations laid down in this Directive. The extent of that release shall be defined with reference to the provisions to which it applies. The duration of an experiment shall not exceed seven years.'; 17. in Article 14 (2) (a), ', triticale' is added after 'rice'; 18. the fifth and sixth indents of Article 14 (3) (c) are replaced by the following: '- species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters, '- variety, indicated at least in roman characters,'; 19. the following is added to Article 14 (3): 'In accordance with the procedure laid down in Article 21, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.'; 20. Article 15 is replaced by the following: 'Article 15 1. The Member States shall provide that cereal seed - which has been produced directly from basic seed or certified seed of the first generation officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 16 (1) (b), or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and - which has been harvested in another Member State, shall, on request and without prejudice to the provisions of Directive 70/457/EEC, be officially certified as certified seed in any Member State if that seed has undergone field inspection satisfying the conditions laid down in Annex I for the relevant category and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied. Where in such cases the seed has been produced directly from officially certified seed of generations prior to basic seed, Member States may also authorize official certification as basic seed, if the conditions laid down for that category are satisfied. 2. Cereal seed which has been harvested in another Member State, and which is intended for certification in accordance with the provisions laid down in paragraph 1, shall - be packed and labelled with an official label satisfying the conditions laid down in Annex V (A) and (B), in accordance with the provisions laid down in Article 9 (1), and - be accompanied by an official document satisfying the conditions laid down in Annex V (C). 3. The Member States shall also provide that cereal seed - which has been produced directly from basic seed or certified seed of the first generation officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 16 (1) (b), or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and - which has been harvested in a third country, shall, on request, be officially certified as certified seed in any of those Member States where the basic seed was either produced or officially certified, if the seed has undergone field inspection satisfying the conditions laid down in an equivalence decision made under Article 16 (1) (a) for the relevant category, and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied. Other Member States may also authorize official certification of such seed.'; 21. The following Article 21b is inserted: 'Article 21b Amendments to be made to the content of the Annexes in order to establish the conditions to be satisfied by the crop and the seed of hybrids of oats, barley, rice, wheat, durum wheat, spelt wheat and other species for which hybrids are included in the scope of this Directive pursuant to Article 2 (1b) and the conditions to be satisfied by the crop and the seed of cross-pollinating varieties of triticale shall be adopted according to the procedure laid down in Article 21.'; 22. in Article 22, 'Annex II (2)' is replaced by 'Annex II (3)'; 23. Article 23a is replaced by the following Article: 'Article 23a Upon application by a Member State, which will be dealt with as provided in Article 21, that State may be wholly or partially released from the obligation to apply the provisions of this Directive, with the exception of Article 14 (1): (a) in respect of the following species: - canary grass, - sorghum, - Sudan grass; (b) in respect of other species which are not normally reproduced or marketed in its territory.'; 24. in the table in Annex I (2) the following is inserted before 'Zea mays': 'Triticosecale, self-pollinating varieties - for the production of basic seed 50 m - for the production of certified seed 20 m'; 25. in Annex I (5) (B) (a), 'Triticosecale' is inserted after 'Phalaris canariensis'; 26. in the French version of Annex I (5) (B) (b), '3' is replaced by '1' and '1' by '3'; 27. in Annex II (1) (A) 'other than hybrids in each case' is inserted after 'Triticum spelta,'; 28. the following is inserted after Annex II (1) (A): 'Aa Self-pollinating varieties of Triticosecale >TABLE> The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.'; 29. in Annex II (2) (A), the following is inserted after 'Sorghum spp.': >TABLE> 30. In Annex III, ',Triticosecale' is inserted after 'Secale cereale', 31. the following is added to Annex IV (A) (a) (4): ,indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters'; 32. the following sentence is added to Annex IV (A) (a): 'In accordance with the procedure laid down in Article 21, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.'; 33. Annex IV (A) (a) (5) is replaced by the following: 'Variety, indicated at least in roman characters'; 34. Annex IV (A) (a) (9) is replaced by the following: '9. In the case of varieties which are hybrids or inbred lines: for basic seed where the hybrid or inbred line to which the seed belongs has been officially accepted under Directive 70/457/EEC: the name of this component, under which it has been officially accepted, with or without reference to the final variety, accompanied, in the case of hybrids or inbred lines which are intended solely as components for final varieties, by the word ''component'', - for basic seed in other cases: the name of the component to which the basic seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female), and accompanied by the word ''component'', - for certified seed: the name of the variety to which the seed belongs, accompanied by the word ''hybrid''.'; 35. in Annex IV (A) (b) (1), 'or varieties' is inserted after 'species'; 36. the following is added to Annex IV (A) (b) (4): '; the names of the species and of the varieties shall be indicted at least in roman characters.'; 37. the following Annex is added: ANNEX V Label and document provided in the case of seed not finally certified, harvested in another Member State A. Information required for the label - authority responsible for field inspection and Member State or their initials, - species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters, - variety, indicated at least in roman characters; in the case of varieties (inbred lines, hybrids), which are intended solely as components for hybrid varieties, the word ''component'' shall be added, - category, - in the case of hybrid varieties the word ''hybrid'', - declared net or gross weight, - the words ''seed not finally certified''. In accordance with the procedure laid down in Article 21, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.' B. Colour of the label The label shall be grey. C. Information required for the document - authority issuing the document, - species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters, - category, - reference number of the seed used to sow the field and name of the country or countries which certified that seed, - field or lot reference number, - area cultivated for the production of the lot covered by the document, - quantity of seed harveted and number of packages, - number of generations after basic seed, in the cass of certified seed, - attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled, - where appropriate, results of a preliminary seed analysis.' Article 4 Directive 66/403/EEC is hereby amended as follows: 1. former Article 11 becomes Article 11 (1); 2. the following paragraph is added to Article 11: '2. The label referred to in paragraph 1 shall be drawn up in such a manner that it cannot be confused with the official label referred to in Article 10 (1).'; 3. the fourth and fifth indents of Article 13 (4) (c) are replaced by the following: '- species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authorities' names, or under its common name, or both, '- variety, indicated at least in roman characters,'; 4. the following is added to Annex III (A) (4): ', indicated at least in roman characters'. Article 5 Directive 69/208/EEC is hereby amended as follows: 1. in Article 2 (1) (B), '(varieties other than hybrids of sunflower)' is inserted after 'Basic seed'; 2. the following is inserted after Article 2 (1) (B): ''Ba. Basic seed (hybrids of sunflower): 1. Basic seed of inbred lines: seed (a) which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed; and (b) which has been found by official examination to satisfy the abovementioned conditions. 2. Basic seed of simple hybrids: seed (a) which is intended for the production of three-way-cross hybrids or double-cross hybrids; (b) which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed; and (c) which has been found by official examination to satisfy the abovementioned conditions.'; 3. in Article 2 (1a) of the English version, 'descriptions' is replaced by 'names'; 4. former Article 2 (1b) becomes 2 (1c); 5. the following paragraph is inserted in Article 2: '1b. The different types of varieties, including the components, eligible for certification under the provisions of this Directive may be specified and defined in accordance with the procedure laid down in Article 20.'; 6. in Article 2 (2) (b) of the English version, 'or linseed' is inserted after 'flax'; 7. former Article 11 becomes Article 11 (1); 8. the following paragraph is added to Article 11: '2. The label referred to in paragraph 1 shall be drawn up in such a manner that it cannot be confused with the official label referred to in Article 10 (1).'; 9. the following Article 12a is inserted: 'Article 12a For the purpose of seeking improved alternatives to certain elements of the certification scheme adopted under this Directive, it may be decided to organize temporary experiments under specified conditions at Community level in accordance with the procedure laid down in Article 21. In the framework of such experiments, Member States may be released from certain obligations laid down in this Directive. The extent of that release shall be defined with reference to the provisions to which it applies. The duration of an experiment shall not exceed seven years.'; 10. the fifth and sixth indents of Article 13 (3) (c) are replaced by the following: '- species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters, '- variety, indicated at least in roman characters,'; 11. the following sentence is added to Article 13 (3): 'In accordance with the procedure laid down in Article 20, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods, where it has been established that the disadvantages of the implementation outweigh the advantages expected for the marketing of seed.'; 12. Article 14 is replaced by the following: 'Article 14 1. Member States shall provide that seed of oil and fibre plants - which has been produced directly from basic seed or certified seed of the first generation officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 15 (1) (b), or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and - which has been harvested in another Member State, shall, on request and without prejudice to the provisions of Directive 70/457/EEC, be officially certified as certified seed in any Member State if that seed has undergone field inspection satisfying the conditions laid down in Annex I for the relevant category and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied. Where in such cases the seed has been produced directly from officially certified seed of generations prior to basic seed, Member States may also authorize official certification as basic seed, if the conditions laid down for that category are satisfied. 2. Seed of oil and fibre plants which has been harvested in another Member State, and which is intended for certification in accordance with the provisions laid down in paragraph 1, shall: - be packed and labelled with an official label satisfying the conditions laid down in Annex V (A) and (B), in accordance with the provisions laid down in Article 9 (1), and - be accompanied by an official document satisfying the conditions laid down in Annex V (c). 3. The Member States shall also provide that seed of oil and fibre plants - which has been produced directly from basic seed or certified seed of the first generation officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 15 (1) (b), or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and - which has been harvested in a third country, shall, on request, be officially certified as certified seed in any of those Member States where the basic seed was either produced or officially certified, if the seed has undergone field inspection satisfying the conditions laid down in an equivalence decision made under Article 15 (1) (a) for the relevant category and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied. Other Member States may also authorize official certification of such seed.'; 13. Article 22 is replaced by the following: 'Article 22 Upon application by a Member State, which will be dealt with as provided in Article 20, that State may be wholly or partially released from the obligation to apply the provisions of this Directive, with the exception of Article 13 (1): (a) in respect of the following species: - Safflower; (b) in respect of other species which are not normally reproduced or marketed in its territory.'; 14. in the first paragraph of the table in Annex I (2), 'Helianthus annuus' is deleted; 15. in the table in Annex I (2) the following is added: >TABLE> 16. Annex I (3) is replaced by the following: '3. The crop shall have sufficient varietal identity and varietal purity or, in the case of a crop of an inbred line of Helianthus annuus, sufficient identity and purity as regards its characteristics. For the production of seed of hybrid varieties of Helianthus annuus, the abovementioned provisions shall also apply to the characteristics of the components, including male sterility or fertility restoration. In particular, crops of Brassica juncea, Brassica nigra, Cannabis sativa, Carthamus tinctorius, Carum carvi, Gossypium spp. and hybrids of Helianthus annuus shall conform to the following standards or other conditions: A. Brassica juncea, Brassica nigra, Cannabis sativa, Carthamus tinctorius, Carum carvi and Gossypium spp.: The number of plants of the crop species which are recognizable as obviously not being true to the variety shall not exceed: - one per 30 m² for the production of basic seed, - one per 10 m² for the production of certified seed. B. Hybrids of Helianthus annuus: (a) the percentage by number of plants which are recognizable as obviously not being true to the inbred line or to the component shall not exceed: (aa) for the production of basic seed: i(i) inbred lines 0,2 (ii) simple hybrids - male parent, plants which have shed pollen while 2 % or more of the female plants have receptive flowers 0,2 - female parent 0,5 (bb) for the production of certified seed: - male component, plants which have shed pollen while 5 % or more of the female plants have receptive flowers 0,5 - female component 1,0 (b) the following other standards or conditions shall be satisfied for the production of seed of hybrid varieties: (aa) sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower; (bb) where the female component plants have receptive stigmas, the percentage by number of female component plants which have shed pollen or are shedding pollen shall not exceed 0,5; (cc) for the production of basic seed the total percentage by number of plants of the female component which are recognizable as obviously not being true to the component and which have shed pollen or are shedding pollen shall not exceed 0,5; (dd) where the condition laid down in Annex II (I) (1a) cannot be satisfied, the following condition shall be satisfied: a male-sterile component shall be used to produce certified seed by using a male component which contains a specific restorer line or lines so that at least one-third of the plants grown from the resulting hybrid will produce pollen which appears normal in all respects.'; 17. Annex I (5) (B) is replaced by the following: 'B. In cases other than crops of hybrids of sunflower there shall be at least one field inspection. In the case of hybrids of sunflower there shall be at least two field inspections.; 18. the following is inserted after Annex II (1): '1a. Where the condition laid down in Annex I (3) (B) (b) (dd) cannot be satisfied, the following condition shall be met: where for the production of certified seed of hybrids of sunflower a female male-sterile component and a male component which does not restore male fertility have been used, the seed produced by the male-sterile parent shall be blended with seed produced by the fully fertile seed parent. The ratio of male-sterile parent seed to male-fertile parent shall not exceed two to one.'; 19. the following is added to Annex IV (A) (a) (5): ', indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters.' 20. the following is added to Annex IV (A) (a): 'In accordance with the procedure laid down in Article 20, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.'; 21. the following is added to Annex IV (A) (a) (6): ', indicated at least in roman characters'; 22. the following is inserted after Annex IV (A) (a) (10): '10a. In the case of varieties which are hybrids or inbred lines: - for basic seed where the hybrid or inbred line to which the seed belongs has been officially accepted under Council Directive 70/457/EEC: the name of this component, under which it has been officially accepted, with or without reference to the final variety, accompanied, in the case of hybrids or inbred lines which are inended solely as components for final varieties, by the word ''component'', - for basic seed in other cases: the name of the component to which the basic seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female), and accompanied by the word ''component'', - for certified seed: the name of the variety to which the seed belongs, accompanied by the word ''hybrid''.'; 23. the following is added to Annex IV (A) (b) (6): ', indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters.'; 24. the following sentence is added to Annex IV (A) (b): 'In accordance with the procedure laid down in Article 20, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.'; 25. the following Annex is added: 'ANNEX V Label and document provided in the case of seed not finally certified, harvested in another Member State A. Information required for the label - authority responsible for field inspection and Member State or their initials, - species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in Roman characters, - variety, indicated at least in roman characters; in the case of varieties (inbred lines, hybrids), which are intended solely as components for hybrid varieties, the word ''component'' shall be added, - category, - in the case of hybrid varieties, the word ''hybrid'', - field or lot reference number, - declared net or gross weight, - the words ''seed not finally certified''. In accordance with the procedure laid down in Article 20, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed. B. Colour of the label The label shall be grey. C. Information required for the document - authority issuing the document - species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters, - variety, indicated at least in roman characters, - category, - reference number of the seed used to sow the field and name of the country or countries which certified that seed, - field lot or reference number, - area cultivated for the production of the lot covered by the document, - quantity of seed harvested and number of packages, - number of generations after basic seed, in the case of certified seed, - attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled, - where appropriate, results of a preliminary seed analysis.' Article 6 Directive 70/457/EEC is hereby amended as follows: 1. the following paragraph is inserted in Article 3: '1. In the case of varieties (inbred lines, hybrids) which are intended solely as components for final varieties, the provisions of paragraph 1 apply only to the extent that the seeds which belong to them are to be marketed under their names. After 1 July 1992, the conditions under which the provisions of paragraph 1 shall apply also to other component varieties may be determined in accordance with the procedure laid down in Article 23. In the mean time, in the case of cereals other than maize, Member States may themselves apply those provisions to other component varieties in respect of seed intended for certification in their territories. Component varieties shall be indicated as such.'; 2. the following is added to Article 4 (2): '(c) for the acceptance of varieties (inbred lines, hybrids) which are intended solely as components for hybrid varieties satisfying the requirements of paragraph 1.' 3. the following paragraph is added to Article 4: '3. In the case of varieties to which paragraph 2 (a) applies, it may be decided, in accordance with the procedure laid down in Article 23, and to the extent that this is justified in the interest of free circulation of seed within the Community, that the varieties have to be shown by appropriate examination to be suitable for the purpose for which they are declared to be intended. In such cases, the conditions for the examination shall be determined.'; 4. the following sentence is inserted in Article 10 (2) after the first sentence: 'This provision shall not apply in the case of varieties (inbred lines, hybrids) which are intended solely as components for final varieties.'; 5. the following is added to Article 15 (2): 'With regard to Greece and in respect of varieties which have been accepted before 1 January 1986 in one or more of the other Member States and which have never been allowed for marketing in Greece before that date, applications submitted by that Member State not later than 31 December 1986 shall be taken into consideration, without prejudice to the provisions laid down in paragraph 1, provided that the applications are made on the grounds referred to in paragraph 3 (c), first alternative.'; 6. the following is added to Article 15 (7): 'With regard to Greece and in respect of applications submitted by that Member State not later than 31 December 1985 and made on the grounds referred to in paragraph 3 (c), second alternative, the period provided for in paragraph 1 may be extended to 30 June 1989.' Article 7 Directive 70/458/EEC is hereby amended as follows: 1. In Article 2 (1) (A), 'Brassica pekinensi (Lour.) Rupr. is inserted after 'Brassica oleracea L. convar. acephala (DC) Alef var. gongylodes Chinese cabbage' Kohlrabi' 'chicory' is replaced by 'Witloof chicory, large-leaved chicory (Italian chicory)', and 'Cichorium intybus L. (partim) Industrial chicory' is inserted after 'Cichorium intybus L. (partim) Witloof chicory, large-leaved chicory (Italian chicory)' 2. in Article 2 (1a) of the English version, 'descriptions' is replaced by 'names'; 3. former Article 2 (1b) becomes Article 2 (1c); 4. the following paragraph is inserted in Article 2: '1b. The different types of varieties, including the components, may be specified and defined in accordance with the procedure laid down in Article 40.'; 5. the following subparagraph is added to Article 4: 'In the case of industrial chicory, the variety must be of satisfactory value for cultivation and use.'; 6. the following sentence is inserted in Article 9 (3) after the first sentence: 'With regard to Greece, the dates of 30 June 1975 and 1 July 1972 referred to above shall be replaced by the dates 31 December 1988 and 1 January 1986 respectively.'; 7. the following is added to Article 10 (2): 'In the case of varieties which are derived from varieties whose official acceptance has been determined pursuant to Article 13 (3), second and fourth sentences, and which have been accepted in one or more Member States as a result of the official measures referred to in that provision, it may be decided, in accordance with the procedure laid down in Article 40, that all Member States of acceptance shall ensure that the varieties bear names determined under the same procedure and complying with the above principles.'; 8. the following is added to Article 13 (2): 'In the case of varieties referred to in the second sentence of Article 12 (1) the acceptance may only be renewed where, without prejudice to the provisions of Article 37, the name of the person or persons responsible for the maintenance has been officially registered and published in accordance with the provisions of Article 10 (1).'; 9. the following is added to Article 13 (3): 'In the case of varieties for which acceptance has been granted before 1 July 1972, the period mentioned in the second sentence of paragraph 1 may be extended, in accordance with the procedure laid down in Article 40, until 30 June 1990 at the latest for individual varieties, where official measures organized on a Community basis have been taken before 1 July 1982 in order to ensure that the conditions for the renewal of their acceptance or for the acceptance of varieties derived from them are met. With regard to Denmark, Ireland and the United Kingdom, the date 1 July 1972 referred to above shall be replaced by the date 1 January 1973. With regard to Greece, Spain and Portugal, the expiry of the acceptance period for certain varieties for which acceptance has been granted in those Member States before 1 January 1986 may, at the request of those Member States, also be fixed for 30 June 1990, in accordance with the procedure laid down in Article 40, and the varieties concerned may be included in the aforementioned official measures organized on a Community basis.'; 10. the following is added to Article 16: '5. With regard to Greece and in respect of varieties which have been accepted before 1 January 1986 in one or more of the other Member States and which have never been allowed for marketing in Greece before that date, the period provided for in paragraph 2 shall expire on 31 December 1988.'; 11. Article 20 (1) is replaced by the following: '1. The Member states shall provide that seed of industrial chicory may not be placed on the market unless it has been officially certified as "basic seed'' or "certified seed'' and unless it satisfies the conditions laid down in Annex II. 1a. The Member States shall provide that seed of other vegetable species may not be placed on the market unless it has been officially certified as "basic seed'' or "certified seed'', or is standard seed, and unless it satisfies the conditions laid down in Annex II.'; 12. Article 26 (2) is replaced by the following: '2. In the case of varieties which are widely known on 1 July 1970, reference may also be made on the label to any maintenance of the variety which has been or will be declared in accordance with the provisions of Article 37 (2). It shall be prohibited to refer to any special properties which might be connected with such maintenance. With regard to Denmark, Ireland and the United Kingdom, the date 1 July 1970 referred to above shall be replaced by 1 January 1973. With regard to Spain, it shall be replaced by 1 March 1986. This reference shall follow the varietal name, from which it shall be clearly separated, preferably by means of a dash. It shall not be given greater prominence than the varietal name. After a date to be determined before 1 July 1992 in accordance with the procedure laid down in Article 40, only maintenances declared before the date so determined may be referred to on the label.'; 13. in Article 26, paragraph 3 becomes paragraph 1b and the following is added: 'Save in the case of small packages of standard seed up to a maximum net weight of 100 grams, the information prescribed or authorized under this provision shall be kept clearly separate from any other information given on the label or the package, including that provided for in Article 28. After 30 June 1992 it may be decided, in accordance with the procedure laid down in Article 40, that small packages of standard seed up to a maximum net weight of 100 grams should be subjected to this requirement or that the information prescribed or authorized be distinct in some other way from any other information if the distinctive feature is expressly declared as such on the label or package.'; 14. former Article 28 becomes Article 28 (1); 15. the following paragraph is added to Article 28: '2. In the case of basic and certified seed the label or the printing referred to under paragraph 1 shall be drawn up in such a manner that it cannot be confused with the official label referred to in Article 26 (1).'; 16. the following Article 29a is inserted: 'Article 29a For the purpose of seeking improved alternatives to certain elements of the certification scheme adopted under this Directive, it may be decided to organize temporary experiments under specified conditions at Community level in accordance with the procedures laid down in Article 40. In the framework of such experiments, Member States may be released from certain obligations laid down in this Directive. The extent of that release shall be defined with reference to the provisions to which it applies. The duration of an experiment shall not exceed seven years.'; 17. the fifth and sixth indents of Article 30 (3) (c) are replaced by the following: '- species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authorities' names, or under its common name, or both, '- variety, indicated at least in roman characters,'; 18. Article 31 is replaced by the following: 'Article 31 1. Member States shall provide that vegetable seed - which has been produced directly from basic seed or certified seed officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 32 (1) (d), or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and - which has been harvested in another Member State, shall, on request and without prejudice to the other provisions of this Directive, be officially certified seed in any Member State if that seed has undergone field inspection satisfying the conditions laid down in Annex I for the relevant category and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied. Where in such cases the seed has been produced directly from officially certified seed of generations prior to basic seed, Member States may also authorize official certification as basic seed, if the conditions laid down for that category are satisfied. 2. Vegetable seed which has been harvested in another Member State, and which is intended for certification in accordance with the provisions laid down in paragraph 1, shall: - be packed and labelled with an official label satisfying the conditions laid down in Annex V (A) and (B), in accordance with the provisions laid down in Article 25 (1), and - be accompanied by an official document satisfying the conditions laid down in Annex V (C). 3. The Member States shall also provide that vegetable seed - which has been produced directly from basic seed or certified seed officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 32 (1) (d) or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and - which has been harvested in a third country, shall, on request, be officially certified as certified seen in any of those Member States where the basic seed was either produced or officially certified, if the seed has undergone field inspection satisfying the conditions laid down in an equivalence decision made under Article 32 (1) (a) for the relevant category, and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied. Other Member States may also authorize official certification of such seed.'; 19. in Article 37 (2) of the English version, 'to methods for the maintenance' is replaced by 'to a given maintenance'; 20. in Article 42 (a), 'Chinese cabbage' is inserted after 'Cauliflower' and 'Chicory' is replaced by 'Witloof chicory, large-leaved chicory (Italian chicory), industrial chicory'; 21. the following is inserted after Annex I (4) (A): 'Aa Industrial chicory 1. From other species of the same genera or subspecies 1 000 m' 2. From another variety of industrial chicory: - for basic seed 600 m' - for certified seed 300 m' 22. in Annex II (3) (a), 'Beta vulgaris (Cheltenham beet variety)' is replaced by 'Beta vulgaris (Cheltenham beet)' and 'Beta vulgaris (all species)' by 'Beta vulgaris (other than Cheltenham beet)' respectively; 23. in Annex II (3) (a), '(partim) (Witloof chicory, large-leaved chicory (Italian chicory))' is added after 'Cichorium intybus' and the following is inserted after 'Brassica oleracea (other species)' and 'Cichorium intybus (partim) (Witloof chicory, large-leaved chicory (Italian chicory))' respectively: 'Brassica pekinensis 97 1 75' and 'Cichorium intybus (partim) (industrial chicory) 97 1 80'; 24. in Annex III (2), '(partim) (Witloof chicory, large-leaved chicory (Italian chicory))' is inserted after 'Cichorium intybus' and the following is inserted after 'Brassica oleracea' and 'Cichorium intybus' (partim) (Witloof chicory, large-leaved chicory (Italian chicory))' respectively: 'Brassica pekinensis 20' and 'Cichorium intybus (partim) (industrial chicory) 50'; 25. the following is added to Annex IV (A) (a) (5): ', indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authorities' names, or its common name, or both.'; 26. the following is added to Annex IV (A) (a) (6): ', indicated at least in roman characters.'; 27. the following is inserted after Annex IV (A) (a) (10): '10a. In the case of varieties which are hybrids or inbred lines: - for basic seed where the hybrid or inbred line to which the seed belongs has been officially accepted under this Directive: the name of this component, under which it has been officially accepted, with or without reference to the final variety, accompanied, in the case of hybrids or inbred lines which are intended solely as components for final varieties, by the word ''component'', - for basic seed in other cases: the name of the component to which the basic seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female), and accompanied by the word ''component'', - for certified seed: the name of the variety to which the seed belongs, accompanied by the word ''hybrid''.'; 28. the following is added to Annex IV (B) (a) (4): ', indicated at least in roman characters.'; 29. the following is added to Annex IV (B) (a) (5): ', indicated at least in roman characters.'; 30. the following Annex is added: 'ANNEX V Label and document provided in the case of seed not finally certified, harvested in another Member State A. Information required for the label - authority responsible for field inspection and Member State or their initials, - species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authorities' names, or under its common name, or both, - variety, indicated at least in roman characters, - category, - field or lot reference number, - declared net or gross weight, - the words ''seed not finally certified''. B. Colour of the label The label shall be grey. C. Information required for the document - authority issuing the document, - species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authorities' names, or under its common name, or both - variety, indicated at least in roman characters, - category, - reference number of the seed used to sow the field and name of the country or countries which certified that seed, - field lot or reference number, - area cultivated for the production of the lot covered by the document, - quantity of seed harvested and number of packages, - attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled, - where appropriate, results of a preliminary seed analysis.' Article 8 Directive 86/155/EEC is hereby amended as follows: in the second indent of Article 7, '1 July 1987' is replaced by '31 December 1988'. Article 9 Directive 86/320/EEC is hereby amended as follows: in Article 2, '1 July 1987' is replaced by '31 December 1988'. Article 10 Member States shall adopt the laws, regulations and administrative provisions necessary to comply: - with Article 3 (11) and Article 7 (9), with effect from 1 July 1982, - with Article 3 (12), with effect from 1 January 1983, - with Article 6 (5) and (6) and Article 7 (6) and (10), with effect from 1 January 1986, - with Article 2 (8), (17), (20) and (28), Article 3 (18), (31) and (37) and Article 5 (10), (19), (23) and (25) in so far as those provisions require the botanical name of a species to be indicated on the label of seed, and also with Articles 1 (8), 2 (10), 3 (20), 5 (12) and 7 (18), not later than 1 July 1992, - with the other provisions of this Directive, not later than 1 July 1990. They shall immediately inform the Commission thereof. Article 11 This Directive is addressed to the Member States.
[ "UKSI19891315", "UKSI19932007", "UKSI19932005", "UKSI19891311", "UKSI19932009", "UKSI19871093", "UKSI19932008", "UKSI19891310", "UKSI19891313", "UKSI19932006", "UKSI19891312" ]
31988L0409
1988
Council Directive 88/409/EEC of 15 June 1988 laying down the health rules applying to meat intended for the domestic market and the levels of the fees to be charged, pursuant to Directive 85/73/EEC, in respect of the inspection of such meat Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Court of Auditors (3), Whereas by Regulation (EEC) No 3183/87 (4), the Council adapted its Regulation (EEC) No 729/70 (5) with a view to enabling the Community to ensure the financing of the expenditure provided for in the various rules on the common market organizations in situations where relevant available appropriations are exhausted; whereas the adaptation consists essentially in a two-month delay between fundings by the Member States from their own financial resources and the booking of such expenditure by the advance payments made to the Member States by the Community; Whereas, with a view to ensuring continuity of the payments provided for by the said rules, the two-month delay should be extended to two-and-a-half months, only for expenditure of the second two weeks of the month of October, Article 1 Regulation (EEC) No 729/70 is hereby amended as follows: 1. the following words in the last subparagraph of Article 4 (2) are deleted: ´and until the adoption of final arrangements in conjunction with the decisions concerning the future financing of the Community.' 2. the last subparagraph of Article 5 (2) (a) is replaced by the following: ´From January 1988, the Commission shall decide solely on monthly advances against booking of expenditure effected from the financial resources referred to in the third subparagraph of Article 4 (2). Expenditure for October shall be attached to October if it is effected from 1 to 15 October and to November if it is effected from 16 to 31 October. Advance payments shall be made not later than the third working day of the second month following that in which the expenditure is disbursed by the disbursing agencies.' Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall apply for the first time to expenditure for October 1988. This Regulation shall be binding in its entirety and directly applicable in all Member States.
[ "UKSI19902495" ]
31988L0347
1988
Council Directive 88/347/EEC of 16 June 1988 amending Annex II to Directive 86/280/EEC on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC Having regard to the Treaty establishing the European Economic Community, and in particular Article 130 S thereof, Having regard to Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (1), and in particular Articles 6 and 12 thereof, Having regard to Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC (2), Having regard to the proposal from the Commission (3), Having regard to the opinion of the European Parliament (4), Having regard to the opinion of the Economic and Social Committee (5), Whereas, in order to protect the aquatic environment of the Community against pollution by certain dangerous substances, Article 3 of Directive 76/464/EEC introduces a system of prior authorization laying down emission standards for discharges of the substances in List I in the Annex thereto; whereas Article 6 of the said Directive provides that limit values shall be laid down for such emission standards and also quality objectives for the aquatic environment affected by discharges of the substances; Whereas Member States are required to apply the limit values except in cases where they may employ quality objectives; Whereas Directive 86/280/EEC will have to be amended and supplemented, on proposals from the Commission, in line with developments in scientific knowledge relating principally to the toxicity, persistence and accumulation of the substances referred to in living organisms and sediments, or in the event of an improvement in the best technical means available; whereas it is necessary, for that purpose, to provide for additions to the said Directive, relating to measures in respect of other dangerous substances, and for amendments to the content of Annex II; Whereas, on the basis of the criteria laid down in Directive 76/464/EEC, aldrin, dieldrin, endrin, isodrin, hexachlorobenzene, hexachlorobutadiene and chloroform should be made subject to the provisions of Directive 86/280/EEC, Article 1 Annex II to Council Directive 86/280/EEC is amended as follows: 1. The following are added below the title: '4. Relating to aldrin, dieldrin, endrin and isodrin 5. Relating to hexachlorobenzene 6. Relating to hexachlorobutadiene 7. Relating to chloroform'. 2. The following sections are added: 'IV. Specific provisions relating to: - aldrin (No 1) (1) CAS-No 309-00-2 - dieldrin (No 71) (2) CAS-No 60-57-1 - endrin (No 77) (3) CAS-No 72-20-8 - isodrin (No 130) (4) CAS-No 465-73-6 (1) Aldrin is the chemical compound C12H8Cl6 1, 2, 3, 4, 10, 10-hexachloro-1, 4, 4a, 5, 8, 8a-hexahydro-1, 4-endo-5, 8-exo-dimethanonaphtalene. (2) Dieldrin is the chemical compound C12H8C16O 1, 2, 3, 4, 10, 10-hexachloro-6, 7-epoxy-1, 4, 4a, 5, 6, 7, 8, 8a-octahydro-1, 4-endo-5, 8-exo-dimethanonaphtalene. (3) Endrin is the chemical compound C12H8C16O 1, 2, 3, 4, 10, 10-hexachloro-6, 7-epoxy-1, 4, 4a, 5, 6, 7, 8, 8a-octahydro-1, 4-endo-5, 8-endo-dimethanonaphtalene. (4) Isodrin is the chemical compound C12H8C16 1, 2, 3, 4, 10, 10-hexachloro-1, 4, 4a, 5, 8, 8a-hexahydro-1, 4-endo-5, 8-endo-dimethanonaphtalene. Heading A (1, 71, 77, 130): Limit values for emission standards (1) 1.2.3,4.5 // // // // // Type of industrial plant (2) // Type of average value // Limit value expressed as // To be complied with as from // 1.2.3.4.5 // // // Weight // Concentration in effluent mg/l of water discharged (3) // // // // // // // Production of aldrin and/or dieldrin and/or endrin including formulation of these substances on the same site // Monthly // 3 g per tonne of total production capacity (g/tonne) // 2 // 1. 1. 1989 // // Daily // 15 g per tonne of total production capacity (g/tonne) (4) // 10 (4) // 1. 1. 1989 // // // // // (1) The limit values indicated in this heading shall apply to the total discharge of aldrin, dieldrin and endrin. If the effluent resulting from the production or use of aldrin, dieldrin and/or endrin (including formulation of these substances) also contains isodrin, the limit values laid down above shall apply to the total discharges of aldrin, dieldrin, endrin and isodrin. (2) Among the industrial plants referred to under heading A, point 3, of Annex I, reference is made in particular to plants formulating aldrin, and/or dieldrin and/or endrin away from the production site. (3) These figures take account of the total amount of water passing through the plant. (4) If possible, daily values should not exceed twice the monthly value. Heading B (1, 71, 77, 130): Quality objectives 1.2.3,4 // // // // Environment // Substance // Quality objectives ng/l to be complied with as from // 1.2.3.4 // // // 1. 1. 1989 // 1. 1. 1994 // // // // // Inland surface waters Estuary waters // Aldrin Dieldrin // 30 for the four substances in total with a maximum of 5 for endrin // 10 10 // Internal coastal waters other than estuary waters // Endrin // // 5 // Territorial waters // Isodrin // // 5 // // // // Standstill: The concentration(s) of aldrin and/or dieldrin and/or endrin and/or isodrin in sediments and/or molluscs and/or shellfish and/or fish must not increase significantly with time. Heading C (1, 71, 77, 130): Reference method of measurement 1. The reference method of measurement to be used for determining aldrin, dieldrin, endrin and/or isodrin in effluents and the aquatic environment is gas chromatography with electron-capture detection after extraction by means of an appropriate solvent. The limit of determination (1) for each substance is 2,5 ng/l for the aquatic environment and 400 ng/l for effluents, depending on the number of parasite substances present in the sample. 2. The reference method to be used for determining aldrin, dieldrin and/or endrin and/or isodrin in sediments and organisms is gas chromatography with electron-capture detection after appropriate preparation of samples. The limit of determination is 1 mg/kg dry weight for each separate substance. 3. The accuracy and precision of the method must be ± 50 % at a concentration which represents twice the value of the limit of determination. (1) The "limit of determination" x g of a given substance is the smallest quantity, quantitatively determinable in a sample on the basis of a given working method, which can still be distinguished from zero. V. Specific provisions relating to hexachlorobenzene (HCB) (No 83) CAS-118-74-1 Heading A (83): Limit values for emission standards Standstill: There must be no significant direct or indirect increase over time in pollution arising from discharges of HCB and affecting concentrations in sediments and/or molluscs and/or shellfish and/or fish. 1.2.3,4.5 // // // // // Type of industrial plant (1) (2) (3) // Type of average value // Limit values expressed as // To be complied with as from // 1.2.3.4.5 // // // weight // concentration // // // // // // // 1. HCB production and processing // monthly // 10 g HCB/tonne of HCB production capacity // 1 mg/l of HCB // // // daily // 20 g HCB/tonne of HCB production capacity // 2 mg/l of HCB // 1. 1. 1990 // // // // // // 2. Production of perchloro ethylene (PER) and carbon tetrachloride (CCl4) by perchlorination // monthly // 1,5 g HCB/tonne of PER + CCl4 total production capacity // 1,5 mg/l of HCB // // // daily // 3 g HCB/tonne of PER + CCl4 total production capacity // 3 mg/l of HCB // 1. 1. 1990 // // // // // // 3. Production of trichloroethylene and/or perchloroethylene by any other process (4) // monthly // - // - // - // // daily // - // - // - // // // // // (1) A simplified monitoring procedure may be introduced if annual discharges do not exceed 1 kg a year. (2) Among the industrial plants referred to in Annex I, heading A, point 3, reference is made in particular to industrial plants producing quintozene and tecnazene, industrial plants producing chlorine by chlor-alkali electrolysis with graphite electrodes, industrial rubber processing plants, plants manufacturing pyrotechnic products and plants producing vinylchloride. (3) On the basis of experience gained in implementing the Directive, and taking into account the fact that the use of best technical means already makes it possible to apply in some cases much more stringent values than those indicated above, the Council shall decide, on the basis of proposals from the Commission, upon more stringent limit values, such decision to be taken by 1 January 1995. (4) It is not possible at present to adopt limit values for this sector. The Council shall adopt such limit values at a later stage, acting on a proposal from the Commission. In the meantime, Member States will apply national emission standards in accordance with Annex I, heading A, point 3. (1) OJ No L 129, 18. 5. 1976, p. 23. (2) OJ No L 181, 4. 7. 1986, p. 16. (3) OJ No C 146, 12. 6. 1979, p. 5, OJ No C 309, 3. 12. 1986, p. 3, OJ No C 314, 26. 11. 1987, p. 5 and OJ No C 70, 18. 3. 1985, p. 15. (4) OJ No C 122, 9. 5. 1988 and OJ No C 120, 20. 5. 1986, p. 164. (5) OJ No C 232, 31. 8. 1987, p. 2, OJ No C 356, 31. 12. 1987, p. 69 and OJ No C 188, 29. 7. 1985, p. 19. Heading B (83): Quality objectives (1) Standstill: The concentration of HCB in sediments and/or molluscs and/or shellfish and/or fish must not increase significantly with time. (1) The Commission shall keep under review the possibility of setting more stringent quality objectives, taking into account measured concentrations of HCB in sediments and/or molluscs and/or shellfish and/or fish, and will report to the Council, by 1 January 1995, for decision as to whether any changes should be made to the Directive. 1.2.3.4 // // // // // Environment // Quality objective // Unit of measurement // To be complied with as from // // // // // Inland surface waters // // // // Estuary waters // // // // Internal coastal waters other than estuary waters // 0,03 // mg/l // 1. 1. 1990 // Territorial waters // // // // // // // Heading C (83): Reference method of measurement 1. The reference method of measurement to be used for determining the presence of HCB in effluents and waters is gas chromatography with electron-capture detection after extraction by means of an appropriate solvent. The limit of determination (1) for HCB shall be within the range 1 to 10 ng/l for waters and 0,5 to 1 mg/l for effluents depending on the number of extraneous substances present in the sample. 2. The reference method to be used for determining HCB in sediments and organisms is gas chromatography with electron-capture detection after appropriate preparation of the sample. The limit of determination (1) shall be within the range 1 to 10 mg/kg of dry matter. 3. The accuracy and precision of the method must be ± 50 % at a concentration which represents twice the value of the limit of determination (1). (1) The "limit of determination" x g of a given substance is the smallest quantity, quantitatively determinable in a sample on the basis of a given working method, which can still be distinguished from zero. VI. Specific provisions relating to hexachlorobutadiene (HCBD) (No 84) CAS-87-68-3 Heading A (84): Limit values for emission standards Standstill: There must be no significant direct or indirect increase over time in pollution arising from discharges of HCB and affecting concentrations in sediments and/or molluscs and/or shellfish and/or fish. 1.2.3,4.5 // // // // // Type of industrial plant (1) (2) (3) // Type of average value // Limit values expressed as // To be complied with as from // 1.2.3.4.5 // // // weight // concentration // // // // // // // 1. Production of perchloroethylene (PER) and carbon tetrachloride (CCl4) by perchlorination // monthly // 1,5 g HCBD/tonne of total production capacity of PER + CCl4 // 1,5 mg/l of HCBD // // // daily // 3 g HCBD/tonne of total production capacity of PER + CCl4 // 3 mg/l of HCBD // 1. 1. 1990 // // // // // // 2. Production of trichloroethylene and/or perchloroethylene by any other process (4) // monthly // - // - // - // // daily // - // - // - // // // // // (1) A simplified monitoring procedure may be introduced if annual discharges do not exceed 1 kg a year. (2) Among the industrial plants referred to in Annex I, heading A, point 3, reference is made in particular to industrial plants using HCBD for technical purposes. (3) On the basis of experience gained in implementing this Directive, and taking into account the fact that the use of best technical means already makes it possible to apply in some cases much more stringent values than those indicated above, the Council shall decide, on the basis of proposals from the Commission, upon more stringent limit values, such decision to be taken by 1 January 1995. (4) It is not possible at present to adopt limit values for this sector. The Council shall adopt such limit values at a later stage, acting on a proposal from the Commission. In the meantime, Member States will apply national emission standards in accordance with Annex I, heading A, point 3. Heading B (84): Quality objectives (1) Standstill: The concentration of HCBD in sediments and/or molluscs and/or shellfish and/or fish must not increase significantly with time. (1) The Commission shall keep under review the possibility of setting more stringent quality objectives, taking into account measured concentrations of HCBD in sediments and/or molluscs and/or shellfish and/or fish, and will report to the Council, by 1 January 1995, for decision as to whether any changes should be made to the Directive. 1.2.3.4 // // // // // Environment // Quality objective // Unit of measurement // To be complied with as from // // // // // Inland surface waters // // // // Estuary waters // // // // Internal coastal waters other than estuary waters // 0,1 // mg/l // 1. 1. 1990 // Territorial waters // // // // // // // Heading C (84): Reference method of measurement 1. The reference method of measurement to be used for determining HCBD in effluents and waters is gas chromatography with electron-capture detection after extraction by means of an appropriate solvent. The limit of determination (1) for HCBD shall be within the range 1 to 10 ng/l for waters and 0,5 to 1 mg/l for effluents, depending on the number of extraneous substances present in the sample. 2. The reference method to be used for determining HCBD in sediments and organisms is gas chromatography with electron-capture detection after appropriate preparation of the sample. The limit of determination (1) shall be within the range 1 to 10 mg/kg of dry matter. 3. The accuracy and precision of the method must be ± 50 % at a concentration which represents twice the value of the limit of determination (1). (1) The "limit of determination" x g of a given substance is the smallest quantity, quantitatively determinable in a sample on the basis of a given working method, which can still be distinguished from zero. VII. Specific provisions relating to chloroform (CHCl3) (No 23) (1) CAS-67-66-3 Heading A (23): Limit values for emission standards 1.2,3.4 // // // // Type of industrial plant (2) (3) // Limit value (monthly averages) expressed as (4) (5) // To be complied with as from // 1.2.3.4 // // weight // concentration // // // // // // 1. Production of chloromethanes from methanol or from a combination of methanol and methane (6) // 10 g CHCl3/tonne of total production capacity of chloromethanes // 1 mg/l // 1. 1. 1990 // // // // // 2. Production of chloromethanes by chlorination of methane // 7,5 g CHCl3/tonne of total production capacity of chloromethanes // 1 mg/l // 1. 1. 1990 // 3. Production of chlorofluorocarbon (CFC) (7) // - // - // - // // // // (1) In the case of chloroform, Article 3 of Directive 76/464/EEC shall apply to discharges from industrial processes which may in themselves contribute significantly to the level of chloroform in the aqueous effluent; in particular it shall apply to those mentioned under Heading A of this Annex. Article 5 of this Directive applies if sources other than those listed in this Annex are identified. (2) Among the industrial plants referred to under heading A, point 3 of Annex I, special reference is made, in the case of chloroform, to plants manufacturing monomer vinyl chloride using dichlorethane pyrolysis, those producing bleached pulp and other plants using CHCl3 as a solvent and plants in which cooling waters or other effluents are chlorinated. The Council shall adopt limit values for these sectors at a later stage, acting on proposals from the Commission. (3) A simplified monitoring procedure may be introduced if annual discharges do not exceed 30 kg a year. (4) Daily average limit values are equal to twice the monthly average values. (5) In view of the volatility of chloroform and in order to ensure compliance with Article 3 (6), where a process involving agitation in the open air of effluent containing chloroform is used, the Member States shall require compliance with the limit values upstream of the plant concerned; they shall ensure that all water likely to be polluted is taken fully into account. (6) I.e. by hydrochlorination of methanol, then chlorination of methyl chloride. (7) It is not possible at present to adopt limit values for this sector. The Council shall adopt such limit values at a later date, acting on a proposal from the Commission. In the meantime, Member States will apply national emission standards in accordance with Annex I, heading A, point 3. Heading B (23): Quality objectives (1) (1) Without prejudice to Article 6 (3) of Directive 76/464/EEC, where there is no evidence of any problem in meeting and continuously maintaining the quality objective set out above, a simplified monitoring procedure may be introduced. 1.2.3.4 // // // // // Environment // Quality objectives // Unit of measurement // To be complied with as from // // // // // Inland surface waters // // // // Estuary waters // // // // Internal coastal waters other than estuary waters // 12 // mg/l // 1. 1. 1990 // Territorial waters // // // // // // // Heading C (23): Reference method of measurement 1. The reference method of measurement to be used for determining the presence of chloroform in effluents and the aquatic environment is gas chromatography. A sensitive detector must be used when concentration levels are below 0,5 mg/l and in this case the determination limit (1) is 0,1 mg/l. For concentration levels higher than 0,5 mg/l a determination limit of 0,1 mg/l is acceptable. 2. The accuracy and precision of the method must be ± 50 % at a concentration which represents twice the value of the determination limit. (1) The "determination limit" x g of a given substance is the smallest quantity, quantitatively determinable in a sample on the basis of a given working method, which can still be distinguished from zero.' Article 2 Member States shall take the measures necessary to comply with this Directive by 1 January 1989 with regard to aldrin, dieldrin, endrin and isodrin, and by 1 January 1990 with regard to the other substances. They shall forthwith inform the Commission thereof. Member States shall communicate to the Commission, the provisions of national law which they adopt in the field governed by this Directive. Article 3 This Directive is addressed to the Member States.
[ "UKSI19892286" ]
31988L0436
1988
Council Directive 88/436/EEC of 16 June 1988 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from engines of motor vehicles (Restriction of particulate pollutant emissions from diesel engines) Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 A thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market shall comprise and area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; Whereas the first programme of action of the European Communities on the environment, which was adopted by the Council on 22 November 1973, calls for account to be taken of the latest scientific progress in combating air pollution caused by exhaust gases from motor vehicles and for Directives adopted previously to be amended accordingly; whereas the third programme of action provides for further efforts to reduce considerably the present level of emissions of pollutants from motor vehicles; Whereas differences which may emerge in national legislation concerning limits for particulate pollutant emissions from compression ignition (´diesel') engines used as criteria for the type-approval of vehicles equipped with such engines, are liable to constitute a restriction on the free movement of these products in the Community; whereas it therefore seems necessary to fix common standards in this area; Whereas Directive 70/220/EEC (4) lays down limit values for emissions of carbon monoxide and unburnt hydrocarbons from such engines; whereas these limit values were lowered for the first time by Directive 74/290/EEC (5) and supplemented, pursuant to Commission Directive 77/102/EEC (6), by limit values for permissible emissions of nitrogen oxides; whereas the limit values for these three pollutants were successively reduced by Commission Directive 78/665/EEC (7) and Directives 83/351/EEC (8) and 88/76/EEC (9); Whereas the scope of Directive 70/220/EEC was expanded by Directive 83/351/EEC in order to cover certain categories of vehicle equipped with compression ignition (´diesel') engines, without, however, laying down specific emission requirements for those engines; whereas only soot emissions are covered by Directive 72/306/EEC (10); whereas, however, with a view to improved protection of public health, it is necessary to restrict the overall particulate pollutant emissions from engines of this type; whereas it is appropriate to lay down limit values for particulate pollutant emissions which correspond to the state of the art with regard to diesel engines in the Community and to amplify the test procedure set out in Directive 70/220/EEC by adding the ; ; ; ; ; ; provisions relating to the sampling and analysis of particulate emissions taken over from the relevant United States requirements; Whereas the establishment of 1,1 g and 1,4 g/test as limit values for particulate pollutant emissions from vehicles fitted with diesel engines represents only a first step towards controlling these emissions; Whereas, considering also the opinion of the European Parliament, a second stage in the reduction of particulate pollutant emissions must be implemented as quickly as possible and whereas levels of 0,8 g and 1,0 g/test should be achieved; whereas the levels adopted will have to take into account the technical/economic possibilities which exist at that time, Article 1 Directive 70/220/EEC is hereby amended as follows: 1. The title is replaced by the following: ´Council Directive of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles'. 2. Annexes I, III and III A are amended in accordance with the Annex to this Directive. Article 2 1. From 1 October 1988 no Member State may, on grounds relating to air pollution by particulate pollutant emissions from an engine: - refuse to grant EEC type approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC (11) or to grant national type approval for a type of motor vehicle equipped with a compression-ignition engine, - prohibit the entry into service of vehicles equipped with compression-ignition engines, where particulate pollutant emissions from this type of motor vehicle or from such vehicles meet the requirements set out in the Annexes to Directive 70/220/EEC, as amended by this Directive. 2. From 1 October 1989, Member States: - may no longer issue the document provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of motor vehicle, equipped with a compression-ignition engine, - may refuse national type approval for a type of motor vehicle, whose emission levels do not meet the requirements set out in the Annexes to Directive 70/220/EEC, as amended by this Directive. However, in respect of types of vehicle equipped with a direct-injection compression-ignition engine, that date shall be postponed until 1 October 1994. 3. From 1 October 1990, Member States may prohibit the entry into service of motor vehicles equipped with compression-ignition engines whose particulate pollutant emissions do not meet the requirements set out in the Annexes to Directive 70/220/EEC, as amended by this Directive. However, in respect of vehicles equipped with a direct-injection compression-ignition engine, that date shall be postponed until 1 October 1996. Article 3 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 October 1988. They shall forthwith inform the Commission thereof. Article 4 Before the end of 1989, the Council shall decide, on the basis of a proposal from the Commission, the implementation of a second stage for further reduction in the limit values for particulate pollutant emissions. Article 5 This Directive is addressed to the Member States.
[ "UKSI19881669" ]
31988L0357
1988
Second Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC Having regard to the Treaty establishing the European Economic Community, and in particular Articles 57 (2) and 66 thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas it is necessary to develop the internal insurance market and, to achieve this objective, it is desirable to make it easier for insurance undertakings having their head office in the Community to provide services in the Member States, thus making it possible for policy-holders to have recourse not only to insurers established in their own country, but also to insurers which have their head office in the Community and are established in other Member States; Whereas, pursuant to the Treaty, any discrimination with regard to freedom to provide services based on the fact that an undertaking is not established in the Member State in which the services are provided has been prohibited since the end of the transitional period; whereas this prohibition applies to services provided from any establishment in the Community, whether it is the head office of an undertaking or an agency or branch; Whereas, for practical reasons, it is desirable to define the provision of services taking into account both the insurer's establishment and the place where the risk is situated; whereas therefore a definition of the situation of the risk should also be adopted; whereas, moreover, it is desirable to distinguish between the activity pursued by way of establishment and the activity pursued by way of freedom to provide services; Whereas it is desirable to supplement the First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (4), hereinafter referred to as the ´first Directive', as last amended by Directive 87/343/EEC (5), in order particularly to clarify the powers and means of supervision vested in the supervisory authorities; whereas it is also desirable to lay down specific provisions regarding the taking-up, pursuit and supervision of activity by way of freedom to provide services; Whereas policy-holders who, by virtue of their status, their size or the nature of the risk to be insured, do not require special protection in the State in which the risk is situated should be granted complete freedom to avail themselves of the widest possible insurance market; whereas, moreover, it is desirable to guarantee other policy-holders adequate protection; Whereas the concern to protect policy-holders and to avoid any disturbance of competition justifies coordinating the relaxation of the matching assets rules, provided for by the first Directive; Whereas the provisions in force in the Member States regarding insurance contract law continue to differ; whereas the freedom to choose, as the law applicable to the contract, a law other than that of the State in which the risk is situated may be granted in certain cases, in accordance with rules taking into account specific circumstances; Whereas the scope of this Directive should include compulsory insurance but should require the contract covering such insurance to be in conformity with the specific provisions relating to such insurance, as provided by the Member State imposing the insurance obligation; Whereas the provisions of the first Directive on the transfer of portfolio should be reinforced and supplemented by provisions specifically covering the transfer of the portfolio of contracts concluded for the provision of services to another undertaking; Whereas the scope of the provisions specifically concerning freedom to provide services should exclude certain risks, the application to which of the said provisions is rendered inappropriate at this stage by the specific rules adopted by the Member States' authorities, owing to the nature and social implications of such provisions; whereas, therefore, these exclusions should be re-examined after this Directive has been in force for a certain period; Whereas, in the interests of protecting policy-holders, Member States should, at the present stage in coordination, be allowed the option of limiting the simultaneous pursuit of activity by way of freedom to provide services and activity by way of establishment; whereas no such limitation can be provided for where policy-holders do not require this protection; Whereas the taking-up and pursuit of freedom to provide services should be subject to procedures guaranteeing the insurance undertaking's compliance with the provisions regarding both financial guarantees and conditions of insurance; whereas these procedures may be relaxed in cases where the activity by way of provision of services covers policy-holders who, by virtue of their status, their size or the nature of the risk to be insured, do not require special protection in the State in which the risk is situated; Whereas it is necessary to initiate special cooperation with regard to freedom to provide services between the competent supervisory authorities of the Member States and between these authorities and the Commission; whereas provision should also be made for a system of penalties to apply where the undertaking providing the service fails to comply with the provisions of the Member State of provision of service; Whereas, pending future coordination, the technical reserves should be subject to the rules and supervision of the Member State of provision of services where such provision of services involves risks in respect of which the State receiving the service wishes to provide special protection for policy- holders; whereas, however, if such concern to protect the policy-holders is unjustified, the technical reserves continue to be subject to the rules and supervision of the Member State in which the insurer is established; Whereas some Member States do not subject insurance transactions to any form of indirect taxation, while the majority apply special taxes and other forms of contribution, including surcharges intended for compensation bodies; whereas the structure and rate of these taxes and contributions vary considerably between the Member States in which they are applied; whereas it is desirable to avoid a situation where existing differences lead to disturbances of competition in insurance services between Member States; whereas, pending future harmonization, the application of the tax system and of other forms of contributions provided for by the Member State in which the risk is situated is likely to remedy such mischief and whereas it is for the Member States to establish a method of ensuring that such taxes and contributions are collected; Whereas it is desirable to prevent the uncoordinated application of this Directive and of Council Directive 78/473/EEC of 30 May 1978 on the coordination of laws, regulations and administrative provisions relating to Community co-insurance (6) from leading to the existence of three different systems in every Member State; whereas, therefore, the criteria defining ´large risks' in this Directive should also define risks likely to be covered under Community co-insurance arrangements; Whereas it is desirable to take into account, within the meaning of Article 8C of the Treaty, the extent of the effort which needs to be made by certain economies showing differences in development; whereas, therefore, it is desirable to grant certain Member States transitional arrangements for the gradual application of the specific provisions of this Directive relating to freedom to provide services, TITLE I General provisions Article 1 The object of this Directive is: (a) to supplement the first Directive 73/239/EEC; (b) to lay down special provisions relating to freedom to provide services for the undertakings and in respect of the classes of insurance covered by that first Directive. Article 2 For the purposes of this Directive: (a) ´first Directive' means: Directive 73/239/EEC; (b) ´undertaking': - for the purposes of applying Titles I and II, means: any undertaking which has received official authorization under Article 6 or 23 of the first Directive, - for the purposes of applying Title III and Title V, means: any undertaking which has received official authorization under Article 6 of the first Directive; (c) ´establishment': means the head office, agency or branch of an undertaking, account being taken of Article 3; (d) ´Member State where the risk is situated' means: - the Member State in which the property is situated, where the insurance relates either to buildings or to buildings and their contents, in so far as the contents are covered by the same insurance policy, - the Member State of registration, where the insurance relates to vehicles of any type, - the Member State where the policy-holder took out the policy in the case of policies of a duration of four months or less covering travel or holiday risks, whatever the class concerned, - the Member State where the policy-holder has his habitual residence or, if the policy-holder is a legal person, the Member State where the latter's establishment, to which the contract relates, is situated, in all cases not explicitly covered by the foregoing indents; (e) ´Member State of establishment' means: the Member State in which the establishment covering the risk is situated; (f) ´Member State of provision of services' means: the Member State in which the risk is situated when it is covered by an establishment situated in another Member State. Article 3 For the purposes of the first Directive and of this Directive, any permanent presence of an undertaking in the territory of a Member State shall be treated in the same way as an agency or branch, even if that presence does not take the form of a branch or agency, but consists merely of an office managed by the undertaking's own staff or by a person who is independent but has permanent authority to act for the undertaking as an agency would. Article 4 For the purposes of this Directive and the first Directive, general and special policy conditions shall not include specific conditions intended to meet, in an individual case, the particular circumstances of the risk to be covered. TITLE II Provisions supplementary to the first Directive Article 5 The following is added to Article 5 of the first Directive: ´(d) "large risks'' means: ii(i) risks classified under classes 4, 5, 6, 7, 11 and 12 of point A of the Annex; i(ii) risks classified under classes 14 and 15 of point A of the Annex, where the policy-holder is engaged professionally in an industrial or commercial activity or in one of the liberal professions, and the risks relate to such activity; (iii) risks classified under classes 8, 9, 13 and 16 of point A of the Annex in so far as the policy-holder exceeds the limits of at least two of the following three criteria: first stage: until 31 December 1992: - balance-sheet total: 12,4 million ECU, - net turnover: 24 million ECU, - average number of employees during the financial year: 500. second stage: from 1 January 1993: - balance-sheet total: 6,2 million ECU, - net turnover: 12,8 million ECU, - average number of employees during the financial year: 250. If the policy-holder belongs to a group of undertakings for which consolidated accounts within the meaning of Directive 83/349/EEC (7) are drawn up, the criteria mentioned above shall be applied on the basis of the consolidated accounts. Each Member State may add to the category mentioned under (iii) risks insured by professional associations, joint ventures or temporary groupings.' Article 6 For the purposes of applying the first subparagraph of Article 15 (2) and Article 24 of the first Directive, the Member States shall comply with Annex 1 to this Directive as regards the matching rules. Article 7 1. The law applicable to contracts of insurance referred to by this Directive and covering risks situated within the Member States is determined in accordance with the following provisions: (a) Where a policy-holder has his habitual residence or central administration within the territory of the Member State in which the risk is situated, the law applicable to the insurance contract shall be the law of that Member State. However, where the law of that Member State so allows, the parties may choose the law of another country. (b) Where a policy-holder does not have his habitual residence or central administration in the Member State in which the risk is situated, the parties to the contract of insurance may choose to apply either the law of the Member State in which the risk is situated or the law of the country in which the policy-holder has his habitual residence or central administration. (c) Where a policy-holder pursues a commercial or industrial activity or a liberal profession and where the contract covers two or more risks relating to these activities and situated in different Member States, the freedom of choice of the law applicable to the contract shall extend to the laws of those Member States and of the country in which the policy-holder has his habitual residence or central administration. (d) Notwithstanding subparagraphs (b) and (c), where the Member States referred to in those subparagraphs grant greater freedom of choice of the law applicable to the contract, the parties may take advantage of this freedom. (e) Notwithstanding subparagraphs (a), (b) and (c), when the risks covered by the contract are limited to events occurring in one Member State other than the Member State where the risk is situated, as defined in Article 2 (d), the parties may always choose the law of the former State. (f) For the risks referred to in Article 5 (d) (i) of the first Directive, the parties to the contract may choose any law. (g) The fact that, in the cases referred to in subparagraph (a) or (f), the parties have chosen a law shall not, where all the other elements relevant to the situation at the time of the choice are connected with one Member State only, prejudice the application of the mandatory rules of the law of that Member State, which means the rules from which the law of that Member State allows no derogation by means of a contract. (h) The choice referred to in the preceding subparagraphs must be expressed or demonstrated with reasonable certainty by the terms of the contract or the circumstances of the case. If this is not so, or if no choice has been made, the contract shall be governed by the law of the country, from amongst those considered in the relevant subparagraphs above, with which it is most closely connected. Nevertheless, a severable part of the contract which has a closer connection with another country, from amongst those considered in the relevant subparagraphs, may by way of exception be governed by the law of that other country. The contract shall be rebuttably presumed to be most closely connected with the Member State in which the risk is situated. (i) Where a State includes several territorial units, each of which has its own rules of law concerning contractual obligations, each unit shall be considered as a country for the purposes of identifying the law applicable under this Directive. A Member State in which various territorial units have their own rules of law concerning contractual obligations shall not be bound to apply the provisions of this Directive to conflicts which arise between the laws of those units. 2. Nothing in this Article shall restrict the application of the rules of the law of the forum in a situation where they are mandatory, irrespective of the law otherwise applicable to the contract. If the law of a Member State so stipulates, the mandatory rules of the law of the Member State in which the risk is situated or of the Member State imposing the obligation to take out insurance may be applied if and in so far as, under the law of those States, those rules must be applied whatever the law applicable to the contract. Where the contract covers risks situated in more than one Member State, the contract is considered for the purposes of applying this paragraph as constituting several contracts each relating to only one Member State. 3. Subject to the preceding paragraphs, the Member States shall apply to the insurance contracts referred to by this Directive their general rules of private international law concerning contractual obligations. Article 8 1. Under the conditions set out in this Article, insurance undertakings may offer and conclude compulsory insurance contracts in accordance with the rules of this Directive and of the first Directive. 2. When a Member State imposes an obligation to take out insurance, the contract shall not satisfy that obligation unless it is in accordance with the specific provisions relating to that insurance laid down by that Member State. 3. When, in the case of compulsory insurance, the law of the Member State in which the risk is situated and the law of the Member State imposing the obligation to take out insurance contradict each other, the latter shall prevail. 4. (a) Subject to subparagraphs (b) and (c) of this paragraph, the third subparagraph of Article 7 (2) shall apply where the insurance contract provides cover in several Member States of which at least one imposes an obligation to take out insurance. (b) A Member State which, on the date of notification of this Directive, requires that any undertaking established within its territory must obtain approval for the general and special conditions of its compulsory insurance, may also, by way of derogation from Articles 9 and 18, require such conditions to be approved in the case of any insurance undertaking offering such cover, within its territory, under the conditions provided for in Article 12 (1). (c) A Member State may, by way of derogation from Article 7, lay down that the law applicable to a compulsory insurance contract is the law of the State which imposes the obligation to take out insurance. (d) Where a Member State imposes compulsory insurance and the insurer must notify the competent authorities of any cessation of cover, such cessation may be invoked against injured third parties only in the circumstances laid down in the legislation of that State. 5. (a) Each Member State shall communicate to the Commission the risks against which insurance is compulsory under its legislation, stating: - the specific legal provisions relating to that insurance, - the particulars which must be given in the certificate which an insurer must issue to an insured person where that State requires proof that the obligation to take out insurance has been complied with. A Member State may require that those particulars include a declaration by the insurer to the effect that the contract complies with the specific provisions relating to that insurance. (b) The Commission shall publish the particulars referred to in subparagraph (a) in the Official Journal of the European Communities. (c) A Member State shall accept, as proof that the insurance obligation has been fulfilled, a certificate, the content of which is in conformity with the second indent of subparagraph (a). Article 9 1. The last subparagraph of Article 9 and the last subparagraph of Article 11 (1) of the first Directive are replaced by the following: ´However, the information referred to in (a) and (b) concerning the general and special conditions and the scales of premiums shall not be required in the case of risks referred to in Article 5 (d).' 2. Article 8 (3) and Article 10 (3) of the first Directive are replaced by the following: ´3. This coordination shall not prevent the Member States from maintaining or introducing laws, regulations or administrative provisions concerning, in particular, the necessity for managers and directors to be technically qualified and the approval of articles of association, the general and special conditions of insurance policies, the scales of premiums and any other document necessary for the normal exercise of supervision. However, with regard to the risks referrred to in Article 5 (d), Member States shall not lay down provisions requiring the approval or systematic notification of general and special policy conditions, scales of premiums, or forms and other printed documents which the undertaking intends to use in its dealings with policy-holders. They may require only non-systematic notification of these conditions and other documents, for the purpose of verifying compliance with laws, regulations and administrative provisions in respect of such risks, and this requirement may not constitute a prior condition for an undertaking to be able to carry on its activities. With regard to the risks referred to in Article 5 (d), Member States may not retain or introduce prior notification or approval of proposed increases in premium rates except as part of a general price control system. This coordination shall also not prevent Member States from subjecting undertakings requesting or having obtained authorization for class 18 in point A of the Annex to checks on their direct or indirect resources in staff and equipment, including the qualification of their medical teams and the quality of the equipment, available to the undertakings to meet their commitments arising from this class of insurance.' Article 10 The following paragraph is added to Article 19 of the first Directive: ´3. Each Member State shall take all steps necessary to ensure that the authorities responsible for supervising insurance undertakings have the powers and means necessary for supervision of the activities of insurance undertakings established within their territory, including activities engaged in outside that territory, in accordance with the Council Directives governing those activities and for the purpose of seeing that they are implemented. Those powers and means must, in particular, enable the supervisory authorities to: - make detailed inquiries about the undertaking's situation and the whole of its business, inter alia by: - gathering information or requiring the submission of documents concerning insurance business, - carrying out on-the-spot investigations at the undertaking's premises, - take any measures with regard to the undertaking which are appropriate and necessary to ensure that the activities of the undertaking remain in conformity with the laws, regulations and administrative provisions with which the undertaking has to comply in each Member State and in particular with the scheme of operations in so far as it remains mandatory, and to prevent, or remove any irregularities prejudicial to the interests of policy-holders, - ensure that measures required by the supervisory authorities are carried out, if need be by enforcement, where appropriate through judicial channels. Member States may also make provision for the supervisory authorities to obtain any information regarding contracts which are held by intermediaries.' Article 11 1. Article 21 of the first Directive is hereby deleted. 2. Each Member State shall, on the conditions laid down by national law, authorize undertakings which are established within its territory to transfer all or part of their portfolios of contracts for which that State is the State where the risk is situated to an accepting office established in that same Member State, if the supervisory authorities of the Member State in which the head office of the accepting office is located certify that the latter possesses the necessary margin of solvency after taking the transfer into account. 3. Each Member State shall, on the conditions laid down by national law, authorize undertakings established within its territory to transfer all or part of their portfolios of contracts concluded in the circumstances referred to in Article 12 (1) to an accepting office established in the Member State of provision of services if the supervisory authorities of the Member State in which the head office of the accepting office is located certify that the latter possesses the necessary margin of solvency after taking the transfer into account. 4. Each Member State shall, on the conditions laid down by national law, authorize undertakings established within its territory to transfer all or part of their portfolios of contracts concluded in the circumstances referred to in Article 12 (1) to an accepting office established in the same Member State if the supervisory authorities of the Member State in which the head office of the accepting office is located certify that the accepting office possesses the necessary margin of solvency after taking the transfer into account and if it fulfils the conditions in Articles 13 to 16 in the Member State of provision of services. 5. In the cases referred to in paragraphs 3 and 4, the supervisory authorities of the Member State in which the transferring undertaking is established shall authorize the transfer after obtaining the agreement of the supervisory authorities of the Member State of provision of services. 6. If a Member State, on the conditions laid down by national law, authorizes undertakings established within its territory to transfer all or part of their portfolios of contracts to an accepting office established in another Member State which is not the Member State of provision of services, it shall ensure that the following conditions are fulfilled: - the supervisory authorities of the Member State in which the head office of the accepting office is located shall certify that the latter possesses the necessary margin of solvency after taking the transfer into account, - the Member State in which the accepting office is established agrees, - the accepting office fulfils the conditions in Articles 13 to 16 in the Member State of provision of services, the law of that Member State provides for the possibility of such a transfer and that Member State agrees to the transfer. 7. A transfer authorized in accordance with this Article shall be published, under the conditions laid down by national law, in the Member State in which the risk is situated. Such transfer shall be automatically valid against the policy-holders, the insured persons and any other person having rights and obligations arising out of the contracts transferred. This provision shall not affect the right of Member States to provide policy-holders with the option of cancelling the contract within a given period after the transfer. TITLE III Provisions peculiar to the freedom to provide services Article 12 1. This Title shall apply where an undertaking, through an establishment situated in a Member State, covers a risk situated, within the meaning of Article 2 (d), in another Member State; the latter shall be the Member State of provision of services for the purposes of this Title. 2. This Title shall not apply to the transactions, undertakings and institutions to which the first Directive does not apply, nor to the risks to be covered by the institutions under public law referred to in Article 4 of that Directive. This Title shall not apply to insurance contracts covering risks classified under the following numbers of point A of the Annex to the first Directive: - No 1: as regards accidents at work, - No 10: not including carrier's liability, - No 12: as regards motorboats and boats which the Member State concerned makes subject to the same arrangements as land motor vehicles at the time of notification of this Directive, - No 13: as regards nuclear civil liability and pharmaceutical products liability, - Nos 9 and 13: as regards compulsory insurance of building works. These exclusions will be examined by the Council not later than 1 July 1998. 3. Pending the coordination referred to in Article 7 (2) (c) of the first Directive, the Federal Republic of Germany may retain the prohibition on the simultaneous undertaking in its territory, under the arrangements for the provision of services, of health insurance with other classes. Article 13 Member States' legislation shall provide that an undertaking established in a Member State may cover within that State, by way of provision of services, at least: - large risks as defined in Article 5 (d) of the first Directive, - risks other than those defined in Article 5 (d) of the first Directive coming within classes for which its establishment there has no authorization. Article 14 Any undertaking which intends to provide services shall first inform the competent authorities of the head office Member State, and, where appropriate, of the Member State of the establishment concerned, indicating the Member State or Member States within the territory of which it contemplates providing services and the nature of the risks which it proposes to cover. Those authorities may require provision of the information or proof referred to in Article 9 or 11 of the first Directive. Article 15 1. Subject to the provisions of Article 16, each Member State within the territory of which an undertaking intends to provide services may make access to such activity subject to administrative authorization; to that end, it may require that the undertaking: (a) produce a certificate issued by the competent authorities of the head office Member State attesting that it possesses for its activities as a whole the minimum solvency margin calculated in accordance with Articles 16 and 17 of the first Directive and that the authorization, in accordance with Article 7 (1) of the said Directive, enables the undertaking to operate outside the Member State of establishment; (b) produce a certificate issued by the competent authorities of the Member State of establishment indicating the classes which the undertaking has been authorized to practise and attesting that those authorities do not object to the undertaking providing services; (c) submit a scheme of operations containing the following particulars - the nature of the risks which the undertaking proposes to cover in the Member States of provision of services, - the general and special conditions of the insurance policies which it proposes to use there, - the premium rates which the undertaking envisages applying for each class of business, - the forms and other printed documents which it intends to use in its dealings with policy-holders, in so far as these are also required of established undertakings. 2. The competent authorities of the Member State of provision of services may require that the particulars referred to in paragraph 1 (c) be supplied to them in the official language of that State. 3. The competent authorities of the Member State of provision of services shall have a period of six months from receipt of the documents referred to in paragraph 1 in which to grant or refuse authorization on the basis of the compliance or non-compliance of the particulars in the scheme of operations submitted by the undertaking with the laws, regulations and administrative provisions applicable in that State. 4. If the competent authorities of the Member State of provision of services have not given a decision by the end of the period referred to in paragraph 3, authorization shall be deemed to be refused. 5. Any decision to refuse authorization or to refuse a certificate as referred to in paragraph 1 (a) or (b) must be accompanied by the precise grounds and communicated to the undertaking in question. 6. Each Member State shall institute the right to take legal action in the courts against a refusal of authorization or refusal to issue the certificate referred to in paragraph 1 (a) or (b). Article 16 1. Each Member State within the territory of which an undertaking intends to provide services covering the risks referred to in Article 5 (d) of the first Directive shall require that the undertaking: (a) produce a certificate issued by the competent authorities of the head office Member State attesting that it possesses for its activites as a whole the minimum solvency margin calculated in accordance with Articles 16 and 17 of the first Directive and that the authorization, in accordance with Article 7 (1) of the said Directive, enables the undertaking to operate outside the Member State of establishment; (b) produce a certificate issued by the competent authorities of the Member State of establishment indicating the classes which the undertaking has been authorized to practice and attesting that those authorities do not object to the undertaking providing services; (c) state the nature of the risks which it proposes to cover in the Member State of provision of services. 2. Each Member State shall institute the right to apply to the courts in the event of a refusal to issue the certificate referred to in paragraph 1 (a) or 1 (b). 3. The undertaking may commence activities as from the certified date on which the authorities of the Member State of provision of services are in possession of the documents referred to in paragraph 1. 4. This Article shall also apply where the Member State, in the territory of which an undertaking intends to provide services covering risks other than those referred to in Article 5 (d) of the first Directive, does not make access to such activity conditional on administrative authorization. Article 17 1. Where an undertaking referred to in Article 14 intends to amend the information referred to in Article 15 (1) (c) or Article 16 (1) (c), it shall submit the amendments to the competent authorities of the Member State of provision of services. These amendments shall enter info force in accordance with the rules in Articles 15 (3) and 16 (3) respectively. 2. Where an undertaking referred to in Article 14 intends to extend its activities to risks other than those referred to in Article 5 (d) of the first Directive, it shall follow the procedure described in Articles 14 and 15. 3. Where an undertaking referred to in Article 14 intends to extend its activities to risks referred to in Article 5 (d) of the first Directive or Article 16 (4) of this Directive, it shall follow the procedure described in Articles 14 and 16. Article 18 1. This coordination shall not prevent the Member States from maintaining or introducing laws, regulations or administrative provisions concerning, in particular, approval of general and special policy conditions, of forms and other printed documents for use in dealing with policy-holders, of scales of premiums and of any other document necessary for the normal exercise of supervision provided that the rules of the Member State of establishment are not sufficient to achieve the necessary level of protection and the requirements of the Member State of provision of services do not go beyond what is necessary in that respect. 2. However, with regard to the risks referred to in Article 5 (d) of the first Directive, Member States shall not lay down provisions requiring approval or systematic notification of general and special policy conditions, scales of premiums, forms and other printed documents which the undertaking intends to use in its dealings with policy-holders. They may require only non-systematic notification of these conditions and other documents, for the purpose of verifying compliance with laws, regulations and administrative provisions in respect of such risks, although this requirement may not constitute a prior condition in order for an undertaking to carry on its activities. 3. With regard to the risks referred to in Article 5 (d) of the first Directive, Member States may not retain or introduce prior notification or approval of proposed increases in premium rates except as part of a general price control system. Article 19 1. Any undertaking providing services shall submit to the competent authorities of the Member State of provision of services all documents requested of it for the purposes of implementing this Article, in so far as undertakings established there are also obliged to do so. 2. If the competent authorities of a Member State ascertain that an undertaking providing services within its territory does not comply with the legal rules in force in that State which are applicable to it, such authorities shall request the undertaking concerned to put an end to the irregular situation. 3. If the undertaking in question fails to comply with the request referred to in paragraph 2, the competent authorities of the Member State of provision of services shall inform the competent authorities of the Member State of establishment accordingly. The authorities of the Member State of establishment shall take all appropriate measures to ensure that the undertaking concerned puts an end to the irregular situation. The nature of those measures shall be communicated to the authorities of the Member State of provision of services. The competent authorities of the Member State of provision of services may also apply to the competent authorities for the head office of the insurance undertaking if the services are being provided by agencies or branches. 4. If, despite the measures thus taken by the Member State of establishment, or because such measures prove inadequate or are lacking in the Member State in question, the undertaking persists in violating the legal rules in force in the Member State of provision of services, the latter Member State may, after informing the supervisory authorities of the Member State of establishment, take appropriate measures to prevent further irregularities, including, in so far as it is strictly necessary, the prevention of the further conclusion of insurance contracts by that undertaking by way of provision of services within its territory. In the case of risks other than those referred to in Article 5 (d) of the first Directive, such measures shall include withdrawal of the authorization referred to in Article 15. The Member States shall ensure that within their territory it is possible to make the notifications necessary for these measures. 5. These provisions shall not affect the right of Member States to punish irregularities committed within their territory. 6. If the undertaking which has committed the offence has an establishment or possesses property in the Member State of provision of services, the supervisory authorities of the latter may, in accordance with national legislation, apply the administrative penalties prescribed for that offence by way of enforcement against that establishment or property. 7. Any measure adopted pursuant to paragraphs 2 to 6 involving penalties or restrictions on the provision of services must be properly justified and communicated to the undertaking concerned. Every such measure shall be subject to the right to apply to the courts in the Member State in which the authorities adopted it. 8. Where measures have been taken pursuant to Article 20 of the first Directive, the competent authorities of the Member State of provision of services shall be informed of them by the authority which has taken them and shall, where the measures have been taken under the terms of paragraphs 1 and 3 of the said Article, take any steps necessary to safeguard the interests of insured persons. In the event of withdrawal of authorization on the basis of Article 22 of the first Directive, the competent authorities of the Member State of provision of services shall be informed of such action and shall take appropriate measures to prevent the establishment concerned from continuing to conclude insurance contracts by way of provision of services within the territory of that State. 9. Every two years the Commission shall submit to the Council a report summarizing the number and type of cases in which, in each Member State, decisions refusing authorizations have been communicated under Article 15 or measures have been taken in accordance with paragraph 4. Member States shall cooperate with the Commission by providing it with the information required for this report. Article 20 In the event of an insurance undertaking being wound up, commitments arising from contracts underwritten in the course of the provision of services shall be met in the same way as those arising under that undertaking's other insurance contracts, without distinction of nationality as far as the insured and the beneficiaries are concerned. Article 21 1. Where insurance is offered by way of provision of services, the policy-holder shall, before any commitment is entered into, be informed of the Member State in which the head office, agency or branch with which the contract is to be concluded is established. Any document issued to the policy-holder must contain the information referred to in the preceding subparagraph. The requirements in the first two subparagraphs shall not apply to the risks referred to in Article 5 (d) of the first Directive. 2. The contract or any other document granting cover, together with the insurance proposal where it is binding upon the proposer, must specify the address of the insurance establishment which is granting the cover and also that of the head office. Article 22 1. Every establishment must inform its supervisory authority in respect of operations effected by way of provision of services of the amount of the premiums, without deduction of reinsurance, receivable by Member State and by group of classes. The groups of classes shall be defined as follows: - accident and sickness (1 and 2), - fire and other damage to property (8 and 9), - aviation, marine and transport (3, 4, 5, 6, 7, 11 and 12), - general liability (13), - credit and suretyship (14 and 15), - other classes (16, 17 and 18). The supervisory authority of each Member State shall forward this information to the supervisory authorities of each of the Member States of provision of services. 2. Where an establishment earns in a Member State, in respect of the operations referred to in the first subparagraph of paragraph 1, a volume of premiums, without deduction of reinsurance, higher than 2 500 000 ECU, it must keep an underwriting account, comprising the items listed in Annex 2A or 2B, broken down by group of classes for that Member State. However, where an undertaking, with all its establishments taken together, earns in a Member State, in respect of the operations referred to in the first subparagraph of paragraph 1, a volume of premiums, without deduction of reinsurance, higher than 2 500 000 ECU, the supervisory authority of the Member State of provision of services may ask the supervisory authority of the Member State of the head office that an underwriting account be kept, in future, for the operations effected in its country by each of the establishments of that undertaking. The underwriting account referred to in the first or second subparagraph of this paragraph shall be forwarded by the supervisory authority of the Member State of establishment to the supervisory authority of the Member State of provision of services on the latter's request. Article 23 1. Where the provision of services is subject to authorization by the Member State of provision of services, the amount of the technical reserves relating to the contracts concerned shall be determined, pending further harmonization, under the supervision of that Member State in accordance with the rules it has laid down or, failing such rules, in accordance with established practice in that Member State. The covering of these reserves by equivalent and matching assets and the localization of those assets shall be under the supervision of that Member State in accordance with its rules or practice. 2. In all other cases, determination of the amount of the technical reserves, and their covering by equivalent and matching assets and the localization of those assets shall be under the supervision of the Member State of establishment, in accordance with its rules or practice. 3. The Member State of establishment shall ensure that the technical reserves relating to all the contracts which the undertaking concludes through the establishment concerned are sufficient, and that they are covered by equivalent and matching assets. 4. In the case referred to in paragraph 1, the Member State of establishment and the Member State of provision of services shall exchange any information necessary for carrying out their respective duties under paragraphs 1 and 3. Article 24 Notwithstanding this Directive, the Member States shall be entitled to require undertakings operating by way of provision of services in their territories to join and participate in any scheme designed to guarantee the payment of insurance claims to policy-holders and injured third parties, on the same terms as established undertakings. Article 25 Without prejudice to any subsequent harmonization, every insurance contract concluded by way of provision of services shall be subject exclusively to the indirect taxes and parafiscal charges on insurance premiums in the Member State in which the risk is situated within the meaning of Article 2 (d), and also, with regard to Spain, to the surcharges legally established in favour of the Spanish ´Consorcio de compensación de Seguros' for the fulfilment of its functions relating to the compensation of losses arising from extraordinary events occurring in that Member State. By way of derogation from the first indent of Article 2 (d), and for application of this Article, the moveable property contained in a building situated in the territory of a Member State, except for goods in commercial transit, shall be a risk situated in that Member State, even though the building and its contents are not covered by the same insurance policy. The law applicable to the contract pursuant to Article 7 shall not affect the fiscal arrangements applicable. Each Member State shall, subject to future harmonization, apply to those undertakings which provide services in its territory, its own national provisions for measures to ensure the collection of indirect taxes and parafiscal charges due under the first subparagraph. Article 26 1. The risks which may be covered by way of Community co-insurance within the meaning of Directive 78/473/EEC shall be those defined in Article 5 (d) of the first Directive. 2. The provisions of this Directive regarding the risks defined in Article 5 (d) of the first Directive shall apply to the leading insurer. TITLE IV Transitional arrangements Article 27 1. Greece, Ireland, Spain and Portugal may apply the following transitional arrangements: ii(i) until 31 December 1992, they may apply, to all risks, the regime other than that for risks referred to in Article 5 (d) of the first Directive, i(ii) from 1 January 1993 to 31 December 1994, the regime for large risks shall apply to risks referred to under (i) and (ii) of Article 5 (d) of the first Directive; for risks referred to under (iii) of the abovementioned Article 5 (d), these Member States shall fix the thresholds to apply therefor; (iii) Spain - from 1 January 1995 to 31 December 1996, the thresholds of the first stage described in Article 5 (d) (iii) of the first Directive shall apply, - from 1 January 1997, the thresholds of the second stage shall apply. Portugal, Ireland and Greece - from 1 January 1995 to 31 December 1998 the thresholds of the first stage described in Article 5 (d) (iii) of the first Directive shall apply, - from 1 January 1999 the thresholds of the second stage shall apply. The derogation allowed from 1 January 1995 shall only apply to contracts covering risks classified under classes 8, 9, 13 and 16 situated exclusively in one of the four Member States benefiting from the transitional arrangements. 2. Until 31 December 1994, Article 26 (1) of this Directive shall not apply to risks situated in the four Member States listed in this Article. For the transitional period from 1 January 1995, the risks defined under Article 5 (d) (iii) of the first Directive situated in these Member States and capable of being covered by Community co-insurance within the meaning of Directive 78/473/EEC shall be those which exceed the thresholds referred to in paragraph 1 (iii) of this Article. TITLE V Final provisions Article 28 The Commission and the competent authorities of the Member States shall collaborate closely for the purpose of facilitating the supervision of direct insurance within the Community. Every Member State shall inform the Commission of any major difficulties to which application of this Directive gives rise, inter alia any arising if a Member State becomes aware of an abnormal transfer of insurance business to the detriment of undertakings established in its territory and to the advantage of branches and agencies located just beyond its borders. The Commission and the competent authorities of the Member States concerned shall examine these difficulties as quickly as possible in order to find an appropriate solution. Where necessary, the Commission shall submit appropriate proposals to the Council. Article 29 The Commission shall forward to the Council regular reports, the first on 1 July 1993, on the development of the market in insurance transacted under conditions of freedom to provide services. Article 30 Where this Directive makes reference to the ECU, the exchange value in national currencies to be used with effect from 31 December of each year shall be the value which applies on the last day of the preceding October for which exchange values for the ECU are available in all Community currencies. Article 2 of Directive 76/580/EEC (8) shall apply only to Articles 3, 16 and 17 of the first Directive. Article 31 Every five years, the Council, acting on a proposal from the Commission, shall review and if necessary amend any amounts expressed in ECU in this Directive, taking into account changes in the economic and monetary situation of the Community. Article 32 Member States shall amend their national provisions to comply with this Directive within 18 months of the date of its notification (9) and shall forthwith inform the Commission thereof. The provisions amended in accordance with this Article shall be applied within 24 months of the date of the notification of the Directive. Article 33 Upon notification of this Directive, Member States shall ensure that the texts of the main laws, regulations or administrative provisions which they adopt in the field covered by this Directive are communicated to the Commission. Article 34 The Annexes shall form an integral part of this Directive. Article 35 This Directive is addressed to the Member States.
[ "UKPGA19820050", "UKSI19901333" ]
31988L0388
1988
Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production Having regard to the Treaty establishing the European Economic Community and in particular Article 100a thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas differences between national laws relating to flavourings hinder the free movement of foodstuffs and may create conditions of unequal competition, thereby directly affecting the establishment or functioning of the common market; Whereas the approximation of those laws is necessary if the free movement of foodstuffs is to be achieved; Whereas laws relating to flavourings for use in foodstuffs should take account primarily of human health requirements but also, within the limit required for the protection of health, of economic and technical needs; Whereas the first step should be to lay down in a framework Directive provisions on general purity criteria, definitions, labelling, and the principles on the basis of which legal differences may subsequently be eliminated; Whereas, on the basis of the inventory or source materials and substances used in the preparation of flavourings established by the Commission on the basis of Decision 88/389/EEC (1), the Council will at a later stage adopt, under the procedure laid down in Article 100a of the Treaty, appropriate provisions concerning individual categories of flavourings and source materials and any necessary measures concerning their use and methods of production; Whereas on the most recent scientific and technical advice certain components on vegetable or animal raw materials used in the preparation of flavourings ought to be limited in foodstuffs; Whereas specific purity criteria for given flavourings, microbiological criteria for flavourings, methods of analysis and sampling of flavourings and the substances listed in the Annexes in and on foodstuffs should be established; Whereas, should the use in a flavouring of a substance or material authorized on the basis of this Directive or provisions adopted at a later stage or the presence of one of the substances listed in Annex II appear to constitute a health risk, Member States should be authorized to suspend or limit such use, or to reduce the maximum limits provided, pending a decision at Community level; Whereas the drawing up of the list of substances or materials authorized as additives necessary for the storage and use of flavourings as solvents and diluents of flavouring, and as processing aids, and the establishment of specific criteria of purity for flavourings, the procedure for taking samples and the methods of analysis of flavourings in or on foodstuffs and the verification of the maximum limits laid down in the Annexes constitute technical implementing measures; whereas in order to simplify and expedite the procedure, the adoption of such measures should be entrusted to the Commission; Whereas, it is desirable that in all cases where the Council empowers the Commission to implement rules relating to flavourings for use in foodstuffs, provision should be made for a procedure establishing close cooperation between the Member States and the Commission within the Standing Committee for Foodstuffs set up by Decision 69/414/EEC (1); Whereas, without prejudice to the application of national rules which, in the absence of specific Directives on flavouring, apply to certain groups of flavourings, the requirements laid down in the following provisions shall be applied in such a way as to authorize, two years after adoption of this Directive, trade in and use of flavourings complying with the provisions of this Directive and to prohibit, three years after the adoption thereof, trade in and use of flavourings which do not comply therewith, Article 1 1. This Directive shall apply to 'flavourings' used or intended for use in or on foodstuffs to impart odour and/or taste, and to source materials used for the production of flavourings. 2. For the purposes of this Directive: (a) 'flavouring' means flavouring substances, flavouring preparations, process flavourings, smoke flavourings or mixtures thereof; (b) 'flavouring substance' means a defined chemical substance with flavouring properties which is obtained: (i) by appropriate physical processes (including distillation and solvent extraction) or enzymatic or microbiological processes from material of vegetable or animal origin either in the raw state or after processing for human consumption by traditional food-preparation processes (including drying, torrefaction and fermentation), (ii) by chemical synthesis or isolated by chemical processes and which is chemically identical to a substance naturally present in material of vegetable or animal origin as described in (i), (iii) by chemical synthesis but which is not chemically identical to a substance naturally present in material of vegetable or animal origin as described in (i); (c) 'flavouring preparation' means a product, other than the substances defined in (b) (i), whether concentrated or not, with flavouring properties, which is obtained by appropriate physical processes (including distillation and solvent extraction) or by enzymatic or microbiological processes from material of vegetable or animal origin, either in the raw state or after processing for human consumption by traditional food-preparation processes (including drying, torrefaction and fermentation); (d) 'process flavouring' means a product which is obtained according to good manufacturing practices by heating to a temperature not exceeding 180°C for a period not exceeding 15 minutes a mixture of ingredients, not necessarily themselves having flavouring properties, of which at least one contains nitrogen (amino) and another is a reducing sugar; (e) 'smoke flavouring' means a smoke extract used in traditional foodstuffs smoking processes. 3. Flavourings may contain foodstuffs as well as other substances as described in Article 6 (1). Article 2 This Directive shall not apply to: - edible substances and products intended to be consumed as such, with or without reconstitution, - substances which have exclusively a sweet, sour or salt taste, - material of vegetable or animal origin, having inherent flavouring properties, where they are not used as flavouring sources. Article 3 Member States shall take the necessary measures to ensure that flavourings may not be marketed or used if they do not comply with the rules laid down in this Directive. Article 4 Member States shall take all measures necessary to ensure that: (a) - flavourings do not contain any element or substance in a toxicologically dangerous quantity; - subject to any exceptions provided for in the specific criteria of purity referred to in Article 6 (2), third indent, they do not contain more than 3 mg/kg of arsenic, 10 mg/kg of lead, 1 mg/kg of cadmium and 1 mg/kg of mercury; (b) the use of flavourings does not result in the presence in foodstuffs as consumed of undesirable substances listed in Annex I in quantities greater than those specified therein; (c) the use of flavourings and of other food ingredients with flavouring properties does not result in the presence of substances listed in Annex II in quantities greater than those specified therein. Article 5 The Council, acting in accordance with the procedure laid down in Article 100a of the Treaty, shall adopt: 1. Appropriate provisions concerning: - flavouring sources composed of foodstuffs, and of herbs and spices normally considered as foods, - flavouring sources composed of vegetable or animal raw materials not normally considered as foods, - flavouring substances obtained by appropriate physical processes or by enzymatic or microbiological processes from vegetable or animal raw materials, - chemically synthesized or chemically isolated flavouring substances chemically identical to flavouring substances naturally present in foodstuffs or in herbs and spices normally considered as foods, - chemically synthesized or chemically isolated flavouring substances chemically identical to flavouring substances naturally present in vegetable or animal raw materials not normally considered as foods, - chemically synthesized or chemically isolated flavouring substances other than those referred to in the fourth and fifth indents, - source materials used for the production of smoke flavourings or process flavourings, and the reaction conditions under which they are prepared; 2. Any special provisions which may be necessary, for the protection of public health or trade, concerning: - the use and methods of production of flavourings, including physical processes or enzymatic or microbiological processes for the production of flavouring preparations and flavouring substances as referred to in Article 1 (2) (b) (i) and (c), - the conditions for the use of the substances and materials referred to in Article 6 (1); 3. Amendments concerning the maximum limits laid down in the Annexes. Article 6 The following shall be adopted in accordance with the procedure set out in Article 10: 1. the list of substances or materials authorized in the Community as: - additives necessary for the storage and use of flavourings, - products used for dissolving and diluting flavourings, - additives necessary for the production of flavourings (processing aids) where such additives are not covered by other Community provisions; 2. where necessary: - the methods of analysis needed to verify compliance with the levels referred to in Article 4, - the procedure for taking samples and the methods for qualitative and, where appropriate, quantitative analysis of flavourings in or on foodstuffs, - the specific criteria of purity for given flavourings; 3. - the microbiological criteria applicable to flavourings, - the designation criteria given to the more specific names referred to in Article 9 (1) (b); 4. the appropriate steps, to be taken by 1 July 1990 to supplement this Directive with labelling rules for flavourings intended for sale to the final consumer. Article 7 Provisions that may have effects on public health shall be adopted only after consulting the Scientific Committee for Food. Article 8 1. Where, as a result of new information or of a re-assessment of existing information made since this Directive or one of the Directives provided for in Article 5 was adopted, a Member State has detailed evidence: - that the presence of one of the substances listed in the Annexes to this Directive or the maximum levels stipulated, while complying with the provisions of this Directive, or - that the use of a flavouring, while complying with the relevant Directive or with this Directive, or - that the presence of a substance similar to those referred to in the Annexes constitutes a danger to human health, that Member State may temporarily suspend or restrict application of the provisions in question within its territory. It shall immediately inform the other Member States and the Commission thereof and give reasons for its decision. 2. The Commission shall examine as soon as possible the evidence given by the Member State and consult the Standing Committee for Foodstuffs, and shall then deliver its opinion forthwith and take the appropriate measures, which may replace the measures referred to in paragraph 1. 3. If the Commission considers that amendments to this Directive or to one of the Directives referred to in Article 5 are necessary in order to alleviate the difficulties mentioned in paragraph 1 and to ensure the protection of human health, it shall initiate the procedure laid down in Article 10, with a view to adopting these amendments; the Member State which has adopted safeguard measures may in that event retain them until the amendments enter into force. Article 9 1. Flavourings not intended for sale to the final consumer may not be marketed unless their packagings or containers bear the following information, which should be easily visible, clearly legible and indelible: (a) the name or business name and address of the manufacturer or packer, or of a seller established within the Community; (b) the sales description: either the word 'flavouring' or a more specific name or description of the flavouring. Member States may maintain for a period of three years following the adoption of this Directive, more specific names to designate flavourings composed of mixtures of flavouring preparations and flavouring substances. Before this period expires, it shall be decided according to the procedure provided for in Article 10 whether or not these names shall be included in this Directive; (c) either the statement 'for foodstuffs' or a more specific reference to the foodstuff for which the flavouring is intended; (d) a list in descending order of weight of the categories of flavouring substances and flavouring preparations present classified as follows: - natural flavouring substances in the case of flavouring substances defined in Article 1 (2) (b) (i), - flavouring substances identical to natural substances in the case of flavouring substances defined in Article 1 (2) (b) (ii), - artificial flavouring substances in the case of flavouring substances defined in Article 1 (2) (b) (iii), - flavouring preparations in the case of preparations defined in Article 1 (2) (c), - process flavourings in the case of flavourings defined in Article 1 (2) (d), - smoke flavourings in the case of flavourings defined in Article 1 (2) (e); (e) in the case of a mixture of flavourings with other substances or materials referred to in the first and second indents of Article 6 (1), a list in descending order of weight in the mixture of: - the categories of flavourings classified as in (d) of this paragraph, - the names of each of the other substances or materials or, where appropriate, their 'EEC' numbers; (f) an indication of the maximum quantity of each component or group of components subject to quantitative limitation in a foodstuff or appropriate information enabling the purchaser to comply with the Community provisions or, where there are none, national provisions applying to that foodstuff; (g) an indication identifying the consignment; (h) the nominal quantity expressed in units of mass or volume. 2. Without prejudice to paragraph 1 (d), the word 'natural', or any other word having substantially the same meaning, may be used only for flavourings in which the flavouring component contains exclusively flavouring preparations as defined in Article 1 (2) (c). If the sales description of the flavouring contains a reference to a foodstuff or a flavouring source, the word 'natural', or any other word having substantially the same meaning, may not be used unless the flavouring component has been isolated by appropriate physical processes, enzymatic or microbiological processes or traditional food-preparation processes solely or almost solely from the foodstuff or the flavouring source concerned. 3. By way of derogation from paragraph 1, the information required in paragraph 1 (d), (e) and (f) may appear merely on the trade documents relating to the consignment which are to be supplied with or prior to the delivery, provided the indication 'intended for the manufacture of foodstuffs and not for retail' appears in a conspicuous part of the packaging or container of the products in question. 4. Member States shall refrain from laying down requirements more detailed than those contained in this Article concerning the manner in which the particulars provided for are to be shown. The particulars provided for in this Article shall be given in terms easily understood by purchasers unless other measures have been taken to ensure that the purchaser is informed. This provision shall not prevent such particulars from being indicated in various languages. Article 10 1. Where the procedure laid down in this Article is to be followed, the chairman shall refer the matter to the Standing Committee for Foodstuffs 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 measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the qualified majority laid down in Article 148(2) of the Treaty. The chairman shall not vote. 3. (a) The Commission shall adopt the intended measures when they are in accordance with the Committee's opinion. (b) Where the intended measures are not in accordance with the opinion of the Committee, or in the absence of any opinion, the Commission shall forthwith submit to the Council a proposal relating to the measures to be taken. The Council shall act on a qualified majority. If, on the expiry of three months from the date on which the matter was referred to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures. Article 11 1. This Directive shall also apply to flavouring intended for use in foodstuffs, and to foodstuffs, imported into the Community. 2. This Directive shall apply neither to flavourings, nor to foodstuffs, intended for export outside the Community. Article 12 1. The Member States may not invoke reasons of composition or labelling of flavourings or their behaviour in foodstuffs to prohibit, restrict, or hamper the marketing or use of flavourings which comply with this Directive and with the Directives referred to in Article 5. 2. Paragraph 1 shall not affect national provisions which are applicable in the absence of the Directives as referred to in Article 5. Article 13 1. Member States shall take the measures necessary to comply with this Directive within 18 months of its adoption. They shall forthwith inform the Commission thereof. The measures taken shall: - authorize, two years after adoption of this Directive, the marketing and use of flavourings complying with this Directive, - prohibit, three years after adoption of this Directive, the marketing and use of flavourings which do not comply with this Directive. 2. Paragraph 1 shall not affect those national provisions which, in the absence of the Directives referred to in Article 5, apply to certain groups of flavourings or specify the foodstuffs in or on which flavourings complying with the Directive may be used. Article 14 The Directive is addressed to the Member States.
[ "UKSI19921971", "UKSI19941486" ]
31988L0361
1988
COUNCIL DIRECTIVE of 24 June 1988 for the implementation of Article 67 of the Treaty (88/361/EEC) Having regard to the Treaty establishing the European Economic Community, and in particular Articles 69 and 70(1) thereof, Having regard to the proposal from the Commission, submitted following consultation with the Monetary Committee (1), Having regard to the opinion of the European Parliament (2), Whereas Article 8 a of the Treaty stipulates that the internal market shall comprise an area without internal frontiers in which the free movement of capital is ensured, without prejudice to the other provisions of the Treaty; Whereas Member States should be able to take the requisite measures to regulate bank liquidity; whereas these measures should be restricted to this purpose; Whereas Member States should, if necessary, be able to take measures to restrict, temporarily and within the framework of appropriate Community procedures, short-term capital movements which, even where there is no appreciable divergence in economic fundamentals, might seriously disrupt the conduct of their monetary and exchange-rate policies; Whereas, in the interests of transparency, it is advisable to indicate the scope, in accordance with the arrangements laid down in this Directive, of the transitional measures adopted for the benefit of the Kingdom of Spain and the Portuguese Republic by the 1985 Act of Accession in the field of capital movements; Whereas the Kingdom of Spain and the Portuguese Republic may, under the terms of Articles 61 to 66 and 222 to 232 respectively of the 1985 Act of Accession, postpone the liberalization of certain capital movements in derogation from the obligations set out in the First Council Directive of 11 May 1960 for the implementation of Article 67 of the Treaty (3), as last amended by Directive 86/566/EEC (4); whereas Directive 86/566/EEC also provides for transitional arrangements to be applied for the benefit of those two Member States in respect of their obligations to liberalize capital movements; whereas it is appropriate for those two Member States to be able to postpone the application of the new liberalization obligations resulting from this Directive; Whereas the Hellenic Republic and Ireland are faced, albeit to differing degrees, with difficult balance-of-payments situations and high levels of external indebtedness; whereas the immediate and complete liberalization of capital movements by those two Member States would make it more difficult for them to continue to apply the measures they have taken to improve their external positions and to reinforce the capacity of their financial systems to adapt to the requirements of an integrated financial market in the Community; whereas it is appropriate, in accordance with Article 8c of the Treaty, to grant to those two Member States, in the light of their specific circumstances, further time in which to comply with the obligations arising from this Directive; Whereas, since the full liberalization of capital movements could in some Member States, and especially in border areas, contribute to difficulties in the market for secondary residences; whereas existing national legislation regulating these purchases should not be affected by the entry into effect of this Directive; Whereas advantage should be taken of the period adopted for bringing this Directive into effect in order to enable the Commission to submit proposals designed to eliminate or reduce risks of distortion, tax evasion and tax avoidance resulting from the diversity of national systems for taxation and to permit the Council to take a position on such proposals; Whereas, in accordance with Article 70 (1) of the Treaty, the Community shall endeavour to attain the highest possible degree of liberalization in respect of the movement of capital between its residents and those of third countries; Whereas large-scale short-term capital movements to or from third countries may seriously disturb the monetary or financial situation of Member States or cause serious stresses on the exchange markets; whereas such developments may prove harmful for the cohesion of the European Monetary System, for the smooth operation of the internal market and for the progressive achievement of economic and monetary union; whereas it is therefore appropriate to create the requisite conditions for concerted action by Member States should this prove necessary; Whereas this Directive replaces Council Directive 72/156/EEC of 21 March 1972 on regulating international capital flows and neutralizing their undesirable effects on domestic liquidity (5); whereas Directive 72/156/EEC should accordingly be repealed, Article 1 1. Without prejudice to the following provisions, Member States shall abolish restrictions on movements of capital taking place between persons resident in Member States. To facilitate application of this Directive, capital movements shall be classified in accordance with the Nomenclature in Annex I. 2. Transfers in respect of capital movements shall be made on the same exchange rate conditions as those governing payments relating to current transactions. Article 2 Member States shall notify the Committee of Governors of the Central Banks, the Monetary Committee and the Commission, by the date of their entry into force at the latest, of measures to regulate bank liquidity which have a specific impact on capital transactions carried out by credit institutions with non-residents. Such measures shall be confined to what is necessary for the purposes of domestic monetary regulation. The Monetary Committee and the Committee of Governors of the Central Banks shall provide the Commission with opinions on this subject. Article 3 1. Where short-term capital movements of exceptional magnitude impose severe strains on foreign-exchange markets and lead to serious disturbances in the conduct of a Member State's monetary and exchange rate policies, being reflected in particular in substantial variations in domestic liquidity, the Commission may, after consulting the Monetary Committee and the Committee of Governors of the Central Banks, authorize that Member State to take, in respect of the capital movements listed in Annex II, protective measures the conditions and details of which the Commission shall determine. 2. The Member State concerned may itself take the protective measures referred to above, on grounds of urgency, should these measures be necessary. The Commission and the other Member States shall be informed of such measures by the date of their entry into force at the latest. The Commission, after consulting the Monetary Committee and the Committee of Governors of the Central Banks, shall decide whether the Member State concerned may continue to apply these measures or whether it should amend or abolish them. 3. The decisions taken by the Commission under paragraphs 1 and 2 may be revoked or amended by the Council acting by a qualified majority. 4. The period of application of protective measures taken pursuant to this Article shall not exceed six months. 5. Before 31 December 1992, the Council shall examine, on the basis of a report from the Commission, after delivery of an opinion by the Monetary Committee and the Committee of Governors of the Central Banks, whether the provisions of this Article remain appropriate, as regards their principle and details, to the requirements which they were intended to satisfy. Article 4 This Directive shall be without prejudice to the right of Member States to take all requisite measures to prevent infringements of their laws and regulations, inter alia in the field of taxation and prudential supervision of financial institutions, or to lay down procedures for the declaration of capital movements for purposes of administrative or statistical information. Application of those measures and procedures may not have the effect of impeding capital movements carried out in accordance with Community law. Article 5 For the Kingdom of Spain and the Portuguese Republic, the scope, in accordance with the Nomenclature of capital movements contained in Annex I, of the provisions of the 1985 Act of Accession in the field of capital movements shall be as indicated in Annex III. Article 6 1. Member States shall take the measures necessary to comply with this Directive no later than 1 July 1990. They shall forthwith inform the Commission thereof. They shall also make known, by the date of their entry into force at the latest, any new measure or any amendment made to the provisions governing the capital movements listed in Annex I. 2. The Kingdom of Spain and the Portuguese Republic, without prejudice for these two Member States to Articles 61 to 66 and 222 to 232 of the 1985 Act of Accession, and the Hellenic Republic and Ireland may temporarily continue to apply restrictions to the capital movements listed in Annex IV, subject to the conditions and time limits laid down in that Annex. If, before expiry of the time limit set for the liberalization of the capital movements referred to in Lists III and IV of Annex IV, the Portuguese Republic or the Hellenic Republic considers that it is unable to proceed with liberalization, in particular because of difficulties as regards its balance of payments or because the national financial system is insufficiently adapted, the Commission, at the request of one or other of these Member States, shall in collaboration with the Monetary Committee, review the economic and financial situation of the Member State concerned. On the basis of the outcome of this review, the Commission shall propose to the Council an extension of the time limit set for liberalization of all or part of the capital movements referred to. This extension may not exceed three years. The Council shall act in accordance with the procedure laid down in Article 69 of the Treaty. 3. The Kingdom of Belgium and the Grand Duchy of Luxembourg may temporarily continue to operate the dual exchange market under the conditions and for the periods laid down in Annex V. 4. Existing national legislation regulating purchases of secondary residences may be upheld until the Council adopts further provisions in this area in accordance with Article 69 of the Treaty. This provision does not affect the applicability of other provisions of Community law. 5. The Commission shall submit to the Council, by 31 December 1988, proposals aimed at eliminating or reducing risks of distortion, tax evasion and tax avoidance linked to the diversity of national systems for the taxation of savings and for controlling the application of these systems. The Council shall take a position on these Commission proposals by 30 June 1989. Any tax provisions of a Community nature shall, in accordance with the Treaty, be adopted unanimously. Article 7 1. In their treatment of transfers in respect of movements of capital to or from third countries, the Member States shall endeavour to attain the same degree of liberalization as that which applies to operations with residents of other Member States, subject to the other provisions of this Directive. The provisions of the preceding subparagraph shall not prejudice the application to third countries of domestic rules or Community law, particularly any reciprocal conditions, concerning operations involving establishment, the provisions of financial services and the admission of securities to capital markets. 2. Where large-scale short-term capital movements to or from third countries seriously disturb the domestic or external monetary or financial situation of the Member States, or of a number of them, or cause serious strains in exchange relations within the Community or between the Community and third countries, Member States shall consult with one another on any measure to be taken to counteract such difficulties. This consultation shall take place within the Committee of Governors of the Central Banks and the Monetary Committee on the initiative of the Commission or of any Member State. Article 8 At least once a year the Monetary Committee shall examine the situation regarding free movement of capital as it results from the application of this Directive. The examination shall cover measures concerning the domestic regulation of credit and financial and monetary markets which could have a specific impact on international capital movements and on all other aspects of this Directive. The Committee shall report to the Commission on the outcome of this examination. Article 9 The First Directive of 11 May 1960 and Directive 72/156/EEC shall be repealed with effect from 1 July 1990. Article 10 This Directive is addressed to the Member States.
[ "UKPGA19870016" ]
31988L0465
1988
Commission Directive 88/465/EEC of 30 June 1988 adapting to technical progress Council Directive 78/764/EEC on the laws of the Member States relating to the driver's seat on wheeled agricultural or forestry tractors Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type approval of wheeles agricultural or forestry tractors (1), as last amended by Directive 88/297/EEC (2), and in particular Article 11 thereof, Whereas, in view of the experience acquired and taking account of the current state of the art, it is now possible to amend the classification of the standard tractors provided for in Council Directive 78/764/EEC (3), as last amended by Directive 87/354/EEC (4), and to make certain provisions of that Directive more precise and complete; Whereas this new classification has also been accepted by the ISO on the basis of the results of research carried out in Europe and the United States of America; Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives aimed at the removal of technical barriers to trade in the agricultural or forestry tractor sector, Article 1 Annexes I and II to Directive 78/764/EEC are hereby amended in accordance with the Annex to this Ditective. Article 2 1. From 1 October 1988, no Member State may: (a) - refuse, in respect of a type of tractor, to grant EEC type approval, to issue the document referred to in Article 10 (1), final indent, of Directive 74/150/EEC, or to grant national type approval, or - prohibit the entry into service of tractors, if the driver's seat on this type of tractor or tractors complies with the provisions of this Directive; (b) - refuse, in respect of a type of driver's seat, to grant EEC component type approval or national type-approval if seats of that type comply with the provisions of this Directive, or - prohibit the placing on the market of driver's seats which bear the EEC component type approval mark issued in accordance with the provisions of this Directive. 2. From 1 October 1989, Member States: (a) - shall no longer issue the document referred to in Article 10 (1), final indent, of Directive 74/150/EEC in respect of a type of tractor the driver's seat of which does not comply with the provisions of this Directive, - may refuse to grant national type approval in respect of a type of tractor the driver's seat of which does not comply with the provisions of this Directive; (b) - shall not grant EEC component type approval in respect of a type of driver's seat if it does not comply with the provisions of this Directive, - may refuse to grant national component type approval in respect of a type of driver's seat if it does not comply with the provisions of this Directive. Article 3 Member States shall bring into force the provisions necessary in order to comply with this Directive not later than 30 September 1988. They shall forthwith inform the Commission thereof. Article 4 This Directive is addressed to the Member States.
[ "UKSI19892275" ]
31988L0430
1988
Seventh Commission Directive 88/430/EEC of 1 July 1988 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of harmful organismus of plants or plant products (1), as last amended by Commission Directive 88/272/EEC (2), and in particular Article 13, second paragraph, fourth indent thereof, Whereas Ceratocystis ulmi and its vectors are no longer considered to be a harmful organism whose introduction must be prohibited in all Member States; whereas it is no longer appropriate to maintain the current provisions set out in Directive 77/93/EEC in relation to this organism harmful to elm trees; whereas these provisions should therefore be deleted; Whereas it has been determined that Thrips palmi is a harmful organism not yet present in the Community; whereas it is considered that this pest represents a serious danger to, and may be carried upon, a wide range of plants and plant material grown in or imported into the Community; whereas appropriate measures to combat this pest should be included within Directive 77/93/EEC; Whereas therefore the relevant Annexes of Directive 77/93/EEC should be amended accordingly in the light of developments in scientific or technical knowledge; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health, Article 1 Directive 77/93/EEC is hereby amended as indicated in the Annex to this Directive. Article 2 Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of this Directive by 1 January 1989 at the latest. Member States shall immediately inform the Commission of all laws, regulations and administrative provisions adopted in implementation of this Directive. The Commission shall inform the other Member States thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19890553", "UKSI19890823" ]
31988L0483
1988
Commission Directive 88/483/EEC of 14 July 1988 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 88/228/EEC (2), and in particular Article 7 thereof, Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; whereas the Annexes were consolidated by Commission Directive 85/429/EEC (3); Whereas the list of cases provided for in Annex I where bentonite-montmorillonite may, without risk of interaction, be mixed with antibiotics, coccidiostats and other medicinal substances should be supplemented; Whereas perlite, used as an anticaking agent, complies in every respect with the principles governing the admission of additives; whereas it is desirable therefore to authorize its use throughout the Community; Whereas Commission Regulations (EEC) No 368/77 (4) and (EEC) No 443/77 (5), as last amended by Regulations (EEC) No 222/88 (6) and (EEC) No 1413/87 (7) respectively, provide for the use of certain iron and copper compounds for denaturing skimmed-milk powder used for the nutrition of animals with the exception of young calves; whereas it is necessary therefore to adapt Annex I to Directive 70/524/EEC; Whereas the investigation of the growth promotor 'Nitrovin' currently listed in Annex II and therefore authorizable at national level has not yet been completed; whereas, therefore, the period of authorization of this substance should be extended for a specific period; Whereas the use of a new coccidiostat, maduramicin ammonium, has been successfully tested in certain Member States; whereas this new additive should be provisionally authorized at national level until such time as it is permitted at Community level; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Feedingstuffs, Article 1 The Annexes to Directive 70/524/EEC are hereby amended as set out in the Annex hereto. Article 2 Member States shall, by 30 June 1989 at the latest, bring into force the laws, regulations or administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19892014" ]
31988L0490
1988
Commission Directive 88/490/EEC of 22 July 1988 on the tenth adaptation to technical progress of Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(1), as last amended by Directive 79/831/EEC(2), and in particular Article 19 thereof, Whereas Annex I to Directive 67/548/EEC contains a list of dangerous substances, together with particulars of the classification and labelling procedures in respect of each substance; whereas examination of the list of dangerous substances has shown that this list needs to be adapted in the light of present scientific and technical knowledge; Whereas Annex VI, D, to Directive 67/548/EEC contains a guide to the classification and labelling of dangerous substances and preparations; whereas it is necessary to correct in this Annex the criteria for the choice of a certain safety advice phrase (S phrase) in the French language; Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers to Trade in Dangerous Substances and Preparations, Article 1 Directive 67/548/EEC is hereby amended as follows: 1.Annex I (list of dangerous substances): 1.1.The following Note F is added after Note E in the foreword to Annex I: ´Note F This substance may contain a stabilizer. If the stabilizer changes the dangerous properties of the substance as indicated by the label in Annex I a label should be provided in accordance with the rules for the labelling of dangerous preparations.' 1.2.The designation, Cas-number, classification and labelling of the substances in Annex I to this Directive replace those in Annex I to Directive 67/548/EEC with the same EEC-number. 1.3.The substances listed in Annex II to this Directive are added to Annex I to Directive 67/548/EEC. 2.Annex VI, D (guide to the classification and labelling of dangerous substances and preparations): In the French language in chapter 4 (choice of safety phrases), S16 (Tenir à l'écart de toute source d'ignition - ne pas fumer), under the indent ´applicabilité', the sentence ´substances et préparations susceptibles de réagir ou de se décomposer spontanément sous l'effet de la chaleur' is replaced by ´Liquides et gaz extrêmement inflammables ou facilement inflammables.' Article 2 Member States shall adopt and publish before 1 January 1990 the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof. They shall apply these provisions as from 1 July 1990 at the latest. Article 3 This Directive is addressed to the Member States.
[ "UKSI19901255" ]
31988L0449
1988
Council Directive 88/449/EEC of 26 July 1988 amending Directive 77/143/EEC on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof, Having regard to the proposal from the Commission(1), Having regard to the opinion of the European Parliament(2), Having regard to the opinion of the Economic and Social Committee(3), Whereas the Council and the Representatives of the Governments of the Member States, meeting within the Council, adopted a resolution on road safety on 19 December 1984(4); Whereas Directive 77/143/EEC(5) provides for the regular roadworthiness testing of certain road vehicles only (buses, coaches, heavy goods vehicles, trailers and semi-trailers over 3,5 tonnes, taxis and ambulances); Whereas roadworthiness testing could usefully be extended also to light goods vehicles, while examination of the Commission proposal concerning the introduction of such testing for private cars is continued; Whereas the present systems of testing vehicles, where they exist, differ widely and whereas it is appropriate not only to require testing but also to harmonize as far as possible the frequency of tests and the items for which testing is compulsory; Whereas the date of application set for the measures referred to in this Directive should allow time for the administrative and technical arrangements required for carrying out the tests to be set up or strengthened, particularly in those Member States where no provision for the tests yet exists, Article 1 Directive 77/143/EEC is hereby amended as follows: 1.The present wording of Article 7 becomes paragraph 1 of that Article and the following paragraph is added: ´2. With regard to the vehicles referred to in point 5 of Annex I, paragraph 1 shall apply until 1 January 1993. However, in Member States where there is no system of roadworthiness testing for this category of vehicles, paragraph 1 shall apply until 1 January 1995.' 2.The following paragraph is added to Annex I: ´5.Motor vehicles with at least four wheels, normally used for the road carriage of goods and with a maximum permissible weight not exceeding 3 500 kg, excluding agricultural tractors and machinery'. ´Four years after the date on which the vehicle was first used, and thereafter every two years'. 3.Annex II is replaced by the Annex to this Directive. Article 2 1. Member States shall, after consulting the Commission, adopt the laws, regulations and administrative provisions necessary to comply with this Directive at the latest within two years of its notification.(6). 2. Member States shall inform the Commission of the measures they have taken to comply with this Directive. Article 3 This Directive is addressed to the Member States.
[ "UKSI19912229", "UKSI19911525" ]
31988L0485
1988
Commission Directive 88/485/EEC of 26 July 1988 amending the Annex to Council Directive 82/471/EEC concerning certain products used in animal nutrition Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (1), as last amended by Commission Directive 86/530/EEC (2), and in particular Article 6 thereof, Whereas Directive 82/471/EEC provides for regular amendment of the content of the Annex thereto as a result of developments in scientific or technical knowledge; Whereas it is appropriate for reasons of clarity to split up the group of amino acids and their salts according to the different amino acids; Whereas the study of two new lysine-based products has shown that these products fulfil the requirements of Directive 82/471/EEC; whereas the use of the products in animal nutrition should, therefore, be permitted under certain conditions; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs, Article 1 The Annex to Directive 82/471/EEC is amended as set out in the Annex hereto. Article 2 The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1 not later than 30 June 1989. They shall immediately inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19892014" ]
31988L0571
1988
Commission Directive 88/571/EEC of 10 November 1988 adapting to technical progress Council Directive 79/196/EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, HAVING REGARD TO COUNCIL DIRECTIVE 76/117/EEC OF 18 DECEMBER 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES ( 1 ), AND IN PARTICULAR ARTICLE 5 THEREOF, HAVING REGARD TO COUNCIL DIRECTIVE 79/196/EEC OF 6 FEBRUARY 1979 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES EMPLOYING CERTAIN TYPES OF PROTECTION ( 2 ), AS AMENDED BY DIRECTIVE 84/47/EEC ( 3 ), AND IN PARTICULAR ARTICLE 5 THEREOF, WHEREAS, IN VIEW OF THE PRESENT STATE OF TECHNICAL PROGRESS, IT IS NOW NECESSARY TO ADAPT THE CONTENTS OF THE HARMONIZED STANDARDS REFERRED TO IN ANNEX I TO DIRECTIVE 79/196/EEC; WHEREAS, IN VIEW OF THE NATURE OF THE EQUIPMENT CONCERNED, A TRANSITIONAL PERIOD MUST BE LAID DOWN IN ORDER TO ENABLE THE INDUSTRY TO ADPT ADEQUATELY TO THE AMENDMENTS INTRODUCED INTO THE STANDARDS; WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE ON THE ADAPTATION TO TECHNICAL PROGRESS OF THE DIRECTIVES FOR THE ELIMINATION OF TECHNICAL BARRIERS TO TRADE IN THE SECTOR OF ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES, ARTICLE 1 ANNEX I TO DIRECTIVE 79/196/EEC IS HEREBY REPLACED BY THE ANNEX TO THIS DIRECTIVE . ARTICLE 2 1 . MEMBER STATES SHALL BRING INTO FORCE THE NECESSARY PROVISIONS IN ORDER TO COMPLY WITH THIS DIRECTIVE NOT LATER THAN 31 DECEMBER 1989 AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF . 2 . HOWEVER, UNTIL 31 DECEMBER 2009, MEMBER STATES SHALL CONTINUE TO APPLY THE MEASURES PROVIDED FOR IN ARTICLE 4 OF DIRECTIVE 76/117/EEC AS REGARDS THE EQUIPMENT FOR WHICH CONFORMITY TO THE HARMONIZED STANDARDS REFERRED TO IN DIRECTIVE 79/196/EEC, IN ITS VERSION OF 16 JANUARY 1984, IS ATTESTED BY THE CERTIFICATE OF CONFORMITY REFERRED TO IN ARTICLE 8 OF DIRECTIVE 76/117/EEC, PROVIDED THAT THIS CERTIFICATE HAS BEEN ISSUED BEFORE 1 JANUAR 1993 . ARTICLE 3 THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .
[ "UKSI19900013" ]
31988L0572
1988
Council Directive 88/572/EEC of 14 November 1988 amending Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants of plant products HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, AND IN PARTICULAR ARTICLE 43 THEREOF, HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ), HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ), HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ), WHEREAS BY DIRECTIVE 77/93/EEC ( 4 ), AS LAST AMENDED BY DIRECTIVE 88/272/EEC ( 5 ), THE COUNCIL LAID DOWN PROTECTIVE MEASURES AGAINST THE INTRODUCTION INTO THE MEMBER STATES OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS; WHEREAS, HAVING REGARD TO DEVELOPMENTS SINCE THEN, CERTAIN OF ITS PROVISIONS SHOULD BE AMENDED; WHEREAS THE SCOPE OF THE DIRECTIVE SHOULD BE CLARIFIED IN RESPECT OF "WOOD'; WHEREAS, IN PARTICULAR, IT IS USEFUL TO FOLLOW THE DETAILED DESCRIPTIONS OF "WOOD' SET OUT IN ANNEX I, PART II OF COUNCIL REGULATION ( EEC ) NO 2658/87 OF 23 JULY 1987 ON THE TARIFF AND STATISTICAL NOMENCLATURE AND ON THE COMMON CUSTOMS TARIFF ( 6 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3985/87 ( 7 ); WHEREAS THE RULES RELATING TO IMPORT INSPECTIONS IN INTRA-COMMUNITY TRADE SHOULD BE ADAPTED TO COMMUNITY CASE-LAW AND TO OTHER DEVELOPOMENTS, IN PARTICULAR TO THE INCREASED CONFIDENCE WHICH HAS BEEN PROGRESSIVELY ESTABLISHED BETWEEN MEMBER STATES REGARDING THE CORRECT OPERATION OF INSPECTION SYSTEMS IN THE CONSIGNOR MEMBER STATES; WHEREAS MUTUAL INFORMATION ON INTERCEPTIONS SHOULD BE MADE MANDATORY; WHEREAS THE RULES RELATING TO IMPORT INSPECTIONS IN THE CASE OF IMPORTS FROM THIRD COUNTRIES SHOULD BE COMPLETED BY PROVISIONS RELATING TO CONSIGNMENTS NOT DECLARED TO CONTAIN PLANTS, PLANT PRODUCTS OR OTHER OBJECTS WHICH MUST BE SUBJECTED TO A PLANT HEALTH INSPECTION IN THE COUNTRY OF ORIGIN BEFORE BEING PERMITTED TO ENTER ANY OF THE MEMBER STATES, ARTICLE 1 DIRECTIVE 77/93/EEC IS AMENDED AS FOLLOWS : 1 . ARTICLE 2 ( 2 ) IS REPLACED BY THE FOLLOWING : "2 . PARAGRAPH 1 ( B ) AND THE OTHER PROVISIONS OF THIS DIRECTIVE, SAVE WHERE IT IS EXPRESSLY PROVIDED OTHERWISE, CONCERN WOOD ONLY IN SO FAR AS IT RETAINS ALL OR PART OF ITS NATURAL ROUND SURFACE, WITH OR WITHOUT BARK, OR AS IT IS IN THE FORM OF CHIPS, PARTICLES, SAWDUST, WOOD WASTE OR SCRAP . SAVE FOR THE PURPOSE OF THE PROVISIONS RELATING TO ANNEX V, WOOD, WHETHER SATISFYING THE CONDITIONS REFERRED TO IN THE FIRST SUBPARAGRAPH OR NOT, IS ALSO CONCERNED WHERE IT IS IN THE FORM OF DUNNAGE, SPACERS, PALLETS OR PACKING MATERIAL WHICH ARE ACTUALLY IN USE IN THE TRANSPORT OF OBJECTS OF ALL KINDS, PROVIDED THAT IT PRESENTS A PLANT HEALTH RISK .' 2 . IN ARTICLE 11 ( 1 ), FIRST SENTENCE, THE FOLLOWING IS ADDED BEFORE THE WORDS "MEMBER STATES MAY ': WITHOUT PREJUDICE TO THE PROVISIONS OF PARAGRAPH 3 '. 3 . IN ARTICLE 11 ( 1 ), THE FOLLOWING IS ADDED AFTER ( D ) "( E ) THEY ARE NECESSARY TO CHECK THE IDENTITY OF THE DECLARED PLANTS, PLANT PRODUCTS OR OTHER OBJECTS . THEY ARE NOT NECESSARY WHERE OFFICIAL MEASURES SUCH AS OFFICIAL SEALING OF THEIR PACKAGING OR OFFICIALLY APPROVED AND SUPERVISED EQUIVALENT SAFEGUARDS HAVE BEEN TAKEN IN THE FORWARDING MEMBER STATE TO ENSURE THE IDENTITY : IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16, OR, IN URGENT CASES, WITH THAT LAID DOWN IN ARTICLE 17, IT MAY BE ESTABLISHED WHETHER A SPECIFIC PRACTICE IS AN EQUIVALENT SAFEGUARD OR NOT .' 4 . ARTICLE 11 ( 2 ) IS REPLACED BY THE FOLLOWING : "2 . THEY SHALL NOT REQUIRE ANY ADDITIONAL DECLARATION ON THE CERTIFICATES REFERRED TO IN ARTICLE 4, 5, 7, 8 OR 9 . IN THE CASE OF PLANTS, PLANT PRODUCTS OR OTHER OBJECTS ORIGINATING IN NON-MEMBER COUNTRIES, AND TO THE EXTENT THAT MEMBER STATES APPLY THE SAME PLANT HEALTH REQUIREMENTS PURSUANT TO ARTICLES 3 AND 5 IN RESPECT OF THE INTRODUCTION OF SUCH PLANTS, PLANT PRODUCTS OR OTHER OBJECTS INTO THEIR RESPECTIVE TERRITORIES, A MEMBER STATE WHICH INTRODUCES THEM FROM ANOTHER MEMBER STATE SHALL NOT REQUIRE THAT THE CERTIFICATES BEAR ADDITIONAL DECLARATIONS NOT REQUIRED BY THE MEMBER STATE WHICH FIRST INTRODUCED THEM INTO THE COMMUNITY, OR THAT AN ADDITIONAL DECLARATION DRAWN UP IN ONE OF THE OFFICIAL LANGUAGES OF THE COMMUNITY HAS A WORDING WHICH IS DIFFERENT FROM THAT REQUIRED BY THAT MEMBER STATE .' 5 . IN ARTICLE 11 ( 3 ), FIRST SUBPARAGRAPH, "WITH REGARD TO FRUIT AND VEGETABLES AND POTATOES', IS DELETED AND "THE OFFICIAL CHECK ON IDENTITY AND THE REQUIREMENTS PERMITTED UNDER PARAGRAPH 1' IS REPLACED BY "THE MEASURES PERMITTED UNDER THE SECOND SENTENCE OF PARAGRAPH 1 '. 6 . IN ARTICLE 11 ( 3 ), SECOND SUBPARAGRAPH, FIRST SENTENCE, "OFFICIAL INSPECTIONS OF FRUIT AND VEGETABLES AND POTATOES OTHER THAN SEED POTATOES' IS REPLACED BY "OFFICIAL PHYTOSANITARY INSPECTIONS INCLUDING IDENTITY CHECKS '. 7 . IN ARTICLE 11 ( 3 ), THE SECOND SUBPARAGRAPH IS SUPPLEMENTED BY THE FOLLOWING : "MEMBER STATES SHALL TAKE THE APPROPRIATE STEPS TO ENSURE THAT THE CARRYING-OUT OF THESE INSPECTIONS AT THE BORDER IS PROGRESSIVELY REDUCED, SAVE IN CASES SPECIFIED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16 . THEY SHALL BE CARRIED OUT EITHER AT THE PLACE OF DESTINATION OF THE PLANTS, PLANT PRODUCTS OR OTHER OBJECTS, OR AT ANOTHER DESIGNATED PLACE INSTEAD, PROVIDED THAT THE ROUTING OF THE PLANTS, PLANT PRODUCTS OR OTHER OBJECTS IS INTERFERED WITH AS LITTLE AS POSSIBLE .' 8 . IN ARTICLE 11, THE FOLLOWING PARAGRAPH 6 IS ADDED . "6 . MEMBER STATES SHALL ENSURE THAT THEIR PLANT PROTECTION ORGANIZATION INFORMS THAT OF THE FORWARDING MEMBER STATE OF ALL CASES WHERE PLANTS, PLANT PRODUCTS OR OTHER OBJECTS COMING FROM THE MEMBER STATE HAVE BEEN INTERCEPTED AS BEING SUBJECT TO PROHIBITIONS OR RESTRICTIONS RELATING TO PLANT-HEALTH MEASURES . THIS INFORMATION IS WITHOUT PREJUDICE TO THE MEASURES WHICH THE FIRST MENTIONED PLANT PROTECTION ORGANIZATION MAY DEEM NECESSARY TO TAKE IN RESPECT OF THE INTERCEPTED CONSIGNMENT, AND SHALL BE GIVEN AS SOON AS POSSIBLE SO THAT THE PLANT PROTECTION ORGANIZATIONS CONCERNED MAY STUDY THE CASE WITH A VIEW, IN PARTICULAR, TO TAKING THE STEPS NECESSARY TO PREVENT FURTHER, SIMILAR OCCURENCES AND, WHERE APPROPRIATE AND IN SO FAR AS POSSIBLE, TAKING SUCH MEASURES IN RESPECT OF THE INTERCEPTED CONSIGNMENT WHICH ARE ADEQUATE TO THE RISK LEVEL RELATED TO THE CASE . IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16 A STANDARDIZED INFORMATION SYSTEM MAY BE SET UP .' 9 . IN ARTICLE 12, THE FOLLOWING PARAGRAPH IS INSERTED : "3 ( A ) MEMBER STATES MAY ALSO LAY DOWN THAT CONSIGNMENTS COMING FROM THIRD COUNTRIES, WHICH ARE NOT DECLARED TO CONTAIN PLANTS, PLANT PRODUCTS OR OTHER OBJECTS LISTED IN ANNEX V, SHALL BE OFFICIALLY INSPECTED, WHERE THERE IS SERIOUS REASON TO BELIEVE THAT THERE HAS BEEN AN INFRINGEMENT OF THE RULES IN THIS RESPECT . IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16 _ THE CASES MAY BE SPECIFIED IN WHICH SUCH INSPECTIONS SHALL BE CARRIED OUT, _ THE METHODS FOR SUCH INSPECTIONS MAY BE LAID DOWN . IF, AT THE OUTCOME OF THE INSPECTION, DOUBTS REMAIN IN RESPECT OF THE IDENTIFY OF THE CONSIGNMENT, IN PARTICULAR CONCERNING GENUS, SPECIES OR ORIGIN, THE CONSIGNMENT SHALL BE CONSIDERED TO CONTAIN PLANTS, PLANT PRODUCTS OR OTHER OBJECTS LISTED IN ANNEX V .' 10 . IN ANNEX IV, PART A, THE FOLLOWING POINT SHALL BE INSERTED : 1.2"6 ( B ) WOOD IN THE FORM OF CHIPS, PARTICLES, WOOD WASTE OR SCRAP AND OBTAINED IN WHOLE OR PART FROM ONE OR MORE OF THE GENERA OR SPECIES REFERRED TO IN ANNEX V ( 4 ) ( B ), ORIGINATING IN NON-EUROPEAN COUNTRIES . THE PRODUCT HAS BEEN PRODUCED EXCLUSIVELY FROM WOOD WHICH WAS STRIPPED OF ITS BARK OR WHICH HAS UNDERGONE EITHER KILN-DRYING TO BELOW 20 % MOISTURE CONTENT, EXPRESSED AS A PERCENTAGE OF DRY MATTER AT TIME OF MANUFACTURE, ACHIEVED THROUGH AN APPROPRIATE TIME/TEMPERATURE SCHEDULE OR FUMIGATION, AND IS SHIPPED IN SEALED CONTAINERS OR IN SUCH A WAY AS TO PREVENT ANY RE-INFESTATION .' // // 11 . IN ANNEX V, PARAGRAPH 4 IS REPLACED BY THE FOLLOWING : "4 . WOOD WITHIN THE MEANING OF ARTICLE 2 ( 2 ), FIRST SUBPARAGRAPH, WHERE IT ( A ) MEETS ONE OF THE FOLLOWING DESCRIPTIONS LAID DOWN IN ANNEX I PART II OF COUNCIL REGULATION ( EEC ) NO 2658/87 OF 23 JULY 1987 ON THE TARIFF AND STATISTICAL NOMENCLATURE AND ON THE COMMON CUSTOMS TARIFF ( 1 ). 1.2CN CODE DESCRIPTION 4401 10 _ FUEL WOOD, IN LOGS, IN BILLETS, IN TWIGS, IN FAGGOTS OR IN SIMILAR FORMS EX 4401 21 _ WOOD IN CHIPS OR PARTICLES : // _ CONIFEROUS, ORIGINATING IN NON-EUROPEAN COUNTRIES 4401 22 _ WOOD IN CHIPS OR PARTICLES : // _ NON-CONIFEROUS EX 4401 30 _ WOOD WASTE AND SCRAP, NOT AGGLOMERATED IN LOGS, BRIQUETTES, PELLETS OR SIMILAR FORMS EX 4403 20 WOOD IN THE ROUGH, WHETHER OR NOT STRIPPED OF BARK OR SAPWOOD, OR ROUGHLY SQUARED : // _ OTHER THAN TREATED WITH PAINT, STAINS, CREOSOTE OR OTHER PRESERVATIVES, CONIFEROUS ORIGINATING IN NON-EUROPEAN COUNTRIES 4403 91 WOOD IN THE ROUGH, WHETHER OR NOT STRIPPED OF BARK OR SAPWOOD, OR ROUGHLY SQUARED : // _ OTHER THAN TREATED WITH PAINT, STAINS, CREOSOTE OR OTHER PRESERVATIONS : // _ OF OAK ( QUERCUS SPP .) 4403 99 WOOD IN THE ROUGH, WHETHER OR NOT STRIPPED OF BARK OR SAPWOOD, OR ROUGHLY SQUARED : // _ OTHER THAN TREATED WITH PAINT, STAINS, CREOSOTE OR OTHER PRESERVATIVES; // _ OTHER THAN CONIFEROUS, OF OAK ( QUERCUS SPP .) OR OF BEECH ( FAGUS SPP .) EX 4404 10 SPLIT POLES; PILES, PICKETS AND STAKES OF WOOD, POINTED BUT NOT SWAN LENGTHWISE : // _ CONIFEROUS, ORIGINATING IN NON-EUROPEAN COUNTRIES EX 4404 20 SPLIT POLES; PILES, PICKETS AND STAKES OF WOOD, POINTED BUT NOT SAWN LENGTHWISE : // _ NON-CONIFEROUS 4406 10 RAILWAY OR TRAMWAY SLEEPERS ( CROSS-TIES ) OF WOOD : // _ NOT IMPREGNATED EX 4407 10 WOODS SAWN OR CHIPPED LENGTHWISE, SLICED OR PEELED, NOT PLANED, SANDED OR FINGER-JOINTED, OF A THICKNESS EXCEEDING 6 MM, IN PARTICULAR BEAMS, PLANKS, FLITCHES, BOARDS, LATHS : // _ CONIFEROUS, ORIGINATING IN NON-EUROPEAN COUNTRIES CN CODE DESCRIPTION EX 4407 91 WOOD SAWN OR CHIPPED LENGTHWISE, SLICED OR PEELED, NOT PLANED, SANDED OR FINGER-JOINTED, OF A THICKNESS EXCEEDING 6 MM, IN PARTICULAR BEAMS, PLANKS, FLITCHES, BOARDS, LATHS : // _ OF OAK ( QUERCUS SPP .) EX 4407 99 WOOD SAWN OR CHIPPED LENGTHWISE, SLICED OR PEELED, NOT PLANED, SANDED OR FINGER-JOINTED, OF A THICKNESS EXCEEDING 6 MM, IN PARTICULAR BEAMS, PLANKS, FLITCHES, BOARDS, LATHS : // _ OTHER THAN CONIFEROUS, OF TROPICAL WOODS, OF OAK ( QUERCUS SPP .) OR OF BEECH ( FAGUS SPP .) EX 4415 10 PACKING CASES, CRATES AND DRUMS OF WOOD ORIGINATING IN NON-EUROPEAN COUNTRIES EX 4415 20 PALLETS, BOX PALLETS AND OTHER LOAD BOARDS, OF WOOD ORIGINATING IN NON-EUROPEAN COUNTRIES EX 4416 00 BARRELS OF WOOD, INCLUDING STAVES, OF OAK ( QUERCUS SPP .) // // ( B ) AND HAS BEEN OBTAINED IN WHOLE OR PART FROM ONE OF THE GENERAL OR SPECIES AS DESCRIBED HEREAFTER : _ CASTANEA, QUERCUS, ALSO IN CASES WHERE THE WOOD DOES NOT RETAIN PART OF ITS NATURAL ROUND SURFACE, _ PLATANUS _ CONIFERAE, ORIGINATING IN NON-EUROPEAN COUNTRIES, _ POPULUS, ORIGINATING IN COUNTRIES OF THE AMERICAN CONTINENT, _ ACER SACCHARUM, ORIGINATING IN THE UNITED STATES OF AMERICA . WOOD WHICH MEETS THE DESCRIPTIONS REFERRED TO IN ( A ) IN CN CODE 4401 10, EX 4404 10, EX 4407 10, EX 4415 10 OR EX 4415 20 AND HAS BEEN OBTAINED IN WHOLE FROM CONIFERAE IS EXEMPTED, WHERE _ THERE IS EVIDENCE THAT IT SATISFIES AN INTERNATIONALLY RECOGNIZED STANDARD OR BELONGS TO A COMMERCIAL GRADE, NOT ALLOWING ANY TOLERANCE FOR BARK, OR _ THERE IS EVIDENCE BY A MARK "KILN-DRIED", "K.D ." OR ANOTHER INTERNATIONALLY RECOGNIZED MARK, PUT ON THE WOOD OR ON ITS PACKAGING IN ACCORDANCE WITH CURRENT COMMERCIAL USAGE AND SUPPORTED BY APPROPRIATE ACCOMPANYING DOCUMENTS, THAT IT HAS UNDERGONE KILN-DRYING TO BELOW 20 % MOISTURE CONTENT, EXPRESSED AS A PERCENTAGE OF DRY MATTER, AT TIME OF MANUFACTURE, ACHIEVED THROUGH AN APPROPRIATE TIME-TEMPERATURE SCHEDULE, OR _ THERE IS EVIDENCE THAT THE WOOD HAS BEEN ADEQUATELY IMPREGNATED WITH AN EFFECTIVE WOOD PRESERVATICE PERMITTED IN THE COMMUNITY . PALLETS AND BOX PALLETS ( CN CODE EX 4415 20 ) ARE ALSO EXEMPTED WHERE THEY SATISFY THE STANDARD SET UP FOR "UIC _ PALLETS" AND ARE MARKED ACCORDINGLY . ( 1 ) OJ NO L 256, 7 . 9 . 1987, P . 1 '. ARTICLE 2 1 . MEMBER STATES SHALL BRING INTO FORCE THE LAWS, REGULATIONS FOR ADMINISTRATIEVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE BY 1 JANUARY 1989 AT THE LATEST . 2 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION THE MAIN PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD GOVERNED BY THIS DIRECTIVE . THE COMMISSIN SHALL INFORM THE OTHER MEMBER STATES THEREOF . ARTICLE 3 THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .
[ "UKSI19890553", "UKSI19890823" ]
31988L0593
1988
Council Directive 88/593/EEC of 18 November 1988 amending Directive 79/693/EEC on the approximation of the laws of the Member States relating to fruit jams, jellies and marmalades and chestnut purée Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Directive 79/693/EEC (4), as amended by the Act of Accession of Spain and Portugal, lays down a number of technical rules in its Annexes; Whereas the Directive also requires certain amendments not caused by technical development; Whereas with regard to the completion of the internal market it is appropriate to subject products with a low dry-matter content to Community arrangements by 1 January 1993; Whereas it is necessary to acknowledge the right of all consumers to be informed of a significant sulphur dioxide residue in a product to which Directive 79/693/EEC applies; Whereas Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption (5), because of its general and horizontal nature, makes it unnecessary to maintain a specific provision on sampling and analysis in Directive 79/693/EEC; Whereas in the present state of Community food legislation the situation of certain food additives, the authorization of whose use in jams and similar products is provisionally left to Member States, must be reviewed not within the specific framework of Directive 79/693/EEC but in the wider framework of the general legislation on food additives; Whereas there is no reason why the use of red fruit juices should not be authorized to enhance the colour not only of 'extra' jams but also of jams made from certain red fruits; Whereas pursuant to Council Directive 86/102/EEC of 24 March 1986 amending for the fourth time Directive 74/329/EEC on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs (6), amidated pectin has been put on the same footing as pectin; whereas Directive 79/693/EEC should therefore be amended accordingly; Whereas the wording of certain provisions in Directive 79/693/EEC should also be clarified, Article 1 Directive 79/693/EEC is hereby amended as follows: 1. in the English version of the Directive, the expression 'chestnut purée' appearing in: - the title, - the first, fourth and fifth recitals, - Article 1 (6), - Annex I (A) (6), shall be replaced by 'sweetened chestnut purée'. 2. in the Spanish version, the term 'mermelada' appearing in: - the title, - the first, fourth and fifth recitals, - Article 1 (5), - Annex I (A) (5), shall be replaced by 'marmalade'. 3. the second subparagraph of Article 3 (2) shall be replaced by the following: 'Before 1 January 1991 the Council, acting on a proposal from the Commission, shall decide on rules concerning the Community names applicable to such products.' 4. Article 7 (2) (d) shall be replaced by the following: '(d) Where the residual sulphur dioxide content is more than 30 mg/kg, the words "sulphur dioxide" shall appear in the list of ingredients, according to the percentage by weight of the residue in the finished product.' 5. Article 7 (3) (b) shall be replaced by the following: '(b) the words "total sugar content: . . . g per 100 g", the figure shown representing the value determined by refractometer at 20° C for the finished product, subject to a tolerance of ± 3 refractometric degrees.' 6. The following Article 8a shall be inserted: 'Article 8a The amendments necessary to adapt the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13, with the exception of those concerning additives'. 7. Article 11 shall be replaced by the following: 'Article 11 The identity and purity criteria for products and substances appearing in Annexes II B and III B shall be determined where necessary in accordance with the procedure laid down in Article 13'. 8. Article 12 shall be deleted. 9. Article 13 shall be replaced by the following: 'Article 13 1. Where the procedure laid down in this Article is to be followed, the Chairman shall refer the matter to the Standing Committee for Foodstuffs either on his own initiative or at the request of the representative of a Member State. 2. The representative of the Commission 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 which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote. 3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee. (b) If 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 to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.' 10. Article 14 shall be deleted. 11. in Article 15, paragraph 2 shall be replaced by the following: '2. The derogations in respect of additives provided for in paragraph 1 (a) shall cease to apply once rules on the matter become applicable at Community level'. Paragraph 3 shall be deleted. 12. in Annex I (A) (1), the following shall be added at the end of the definition: 'rose hip extra jam may be obtained entirely or in part from rose hip purée'. 13. the second indent of Annex II (A) (1) shall be replaced by the following: '- for the purposes of this Directive, tomatoes, the edible parts of rhubarb stalks, carrots and sweet potatoes are considered to be fruit'. 14. the fourth indent of Annex II (A) (1) shall be replaced by the following: '- "ginger" means the edible root of the ginger plant'. 15. Annex II (A) (4) shall be replaced by the following: '4. Fruit juice (juice) Fruit juice, concentrated fruit juice and dehydrated fruit juice which comply with the requirements of Council Directive 75/726/EEC of 17 November 1975 on the approximation of the laws of the Member States concerning fruit juices and certain similar products (1), as last amended by the Act of Accession of Spain and Portugal. (1) OJ No L 311, 1. 12. 1975, p. 40.' 16. in Annex II (A), the following point shall be inserted: '5a. Citrus peel (peel) The peel of citrus fruits, cleaned, with or without the endocarp removed'. 17. Annex II (B) shall be replaced by the following: 'B. RAW MATERIALS - AUTHORIZED TREATMENT 1. (a) The products defined in section A (1), (2), (3), (5) and (5a) may in all cases be treated in the following ways: - heated, chilled or frozen, - freeze-dried, - concentrated, to the extent that it is technically possible. (b) If the abovementioned products are intended for the manufacture of products are intended for the manufacture of products defined in Annex I (A) (2), (4) and (5), sulphur dioxide (E 220) or its salts E 221, E 222, E 223, E 224, E 226 and E 227 may also be added to them. 2. Ginger may be dried or preserved in syrup. 3. Apricots for the manufacture of the products defined in Annex I (A) (2) may also be treated by other dehydration processes apart from freeze drying. 4. Chestnuts may be soaked for a short time in an aqueous solution of sulphur dioxide or its salts E 221, E 222, E 223, E 224, E 226 and E 227. 5. (a) Fruit juice may also be subjected to the treatments provided for in Directive 75/726/EEC; (b) it may also be subjected to the treatment provided for in 1 (b) where it is intended for the manufacture of the products defined in Annex I, points 4 and 5. 6. Citrus peel may be preserved in brine'. 18. the third indent of the table in Annex III (A) (1) shall be replaced by the following: 1.2 // // // '- Red fruit juices // In the products defined in Annex I (A) (1) and (2) where they are obtained from one or more of the following fruits: rose hips, strawberries, raspberries, gooseberries, redcurrants and plums'. // // 19. the first paragraph of Annex III (B) shall be replaced by the following: 1.2 // // // '- Pectin and amidated pectin (E 440) // All the products defined in Annex I; the pectin and/or amidated pectin content of the finished product shall not exceed 1 %'. // // Article 2 Member States shall amend their laws, regulations and administrative provisions in such a way as to: - permit trade in products complying with this Directive by not later than 31 December 1989 - prohibit trade in products not complying with this Directive with effect from 1 January 1991. They shall forthwith inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19902085" ]
31988L0599
1988
Council Directive 88/599/EEC of 23 November 1988 on standard checking procedures for the implementation of Regulation (EEC) No 3820/85 on the harmonization of certain social legislation relating to road transport and Regulation (EEC) No 3821/85 on recording equipment in road transport Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Having regard to the resolution of the Council and the representatives of the Governments of the Member States, meeting within the Council, of 20 December 1985 to improve the implementation of the social regulations in road transport (4), Whereas Regulations (EEC) No 3820/85 (5) and (EEC) No 3821/85 (6) are important for the creation of a common market for inland transport services; Whereas proper application of the social regulations in road transport requires uniform and effective checking by Member States; Whereas it is necessary to introduce minimum requirements to check compliance with the relevant provisions in order to reduce and prevent infringements; Whereas the Portuguese Republic has only recently introduced checking procedures in road transport and should accordingly be permitted to defer the date of application of this Directive; Whereas effective and efficient control throughout the Community will require the exchange of information on, and mutual assistance in, the enforcement of the regulations in Member States; Whereas the exchange of information is compulsory and should take place at regular intervals; Whereas uniform application of the social regulations on road transport is necessary to avoid distortions of competition between transport undertakings as well as to promote road safety and social progress, Article 1 Checks The objective of this Directive is to lay down minimum conditions for checking the correct and uniform application of Regulations (EEC) No 3820/85 and (EEC) No 3821/85. Article 2 Checking systems 1. Member States shall organize a system for appropriate and regular checks, both at the roadside and at premises of undertakings, covering each year a large and representative cross-section of drivers, undertakings and vehicles of all transport categories falling within the scope of Regulations (EEC) No 3820/85 and (EEC) No 3821/85. 2. Each Member State shall organize checks in such a way that: - they cover each year at least 1 % of days worked by drivers of vehicles falling within the scope of Regulations (EEC) No 3820/85 and (EEC) No 3821/85, - not less than 15 % of the total number of the working days checked shall be checked at the roadside and not less than 25 % at the premises of undertakings. 3. The number of drivers checked at the roadside, the numer of checks at premises of undertakings, the number of working days checked and the number of infringements reported shall be included, inter alia, in the information submitted to the Commission in accordance with Article 16 (2) of Regulation (EEC) No 3820/85. Article 3 Roadside checks 1. Roadside checks shall be organized in different places at any time, covering a sufficiently extensive part of the road network to make it difficult to avoid checkpoints. 2. The elements of roadside checks are: - daily driving periods, breaks and daily rest periods and, in the case of clear indications of irregularities, also the record sheets for the preceding days carried on the vehicle in accordance with Article 15 (7) of Regulation (EEC) No 3821/85, - last weekly rest period, where appropriate, - correct functioning of the recording equipment (determination of possible misuse of the equipment and/or record sheets) or, where appropriate, presence of the documents referred to in Article 14 (5) of Regulation (EEC) No 3820/85. 3. Roadside checks shall be carried out without discrimination of vehicles and drivers, whether resident or not. 4. To facilitate the authorized inspecting officer's task, they shall be provided with: - a list of the principal points to be checked, - a language chart containing the expressions currently used and relating to road transport operations. The Commission will provide the Member States with such a chart. 5. If the findings of a roadside check on the driver of a vehicle registrered in another Member State provide grounds to believe that infringements have been committed which cannot be detected during the check due to lack of necessary data, the competent authorities of the Member States concerned shall assist each other to clarify the situation. In cases where, to this end, the competent Member State carries out a check at the premises of the undertaking, the results of this check shall be communicated to the other State concerned. Article 4 Checks at the premises of undertakings 1. Checks at premises as provided for in Article 2 (1) shall be planned taking account of past experience of different categories of transport. Checks shall also be carried out at premsies of undertakings when serious breaches of Regulations (EEC) No 3820/85 and (EEC) No 3821/85 have been detected at the roadside. 2. The elements of checks at the premises of undertakings, in addition to those for roadside checks, are: - weekly rest periods and driving periods between these rest periods, - two-weekly limitation of driving hours, - compensation for reduced daily or weekly rest periods, - the use of record sheets and/or the organization of drivers' working times. 3. For the purposes laid down in this Article, checks carried out at the premises of the competent authorities, on the basis of relevant documents handed over by undertakings at the request of the said authorities, shall have the same status as checks carried out at the premises of undertakings. Article 5 Concerted and coordinated checks 1. Member States shall, at least twice yearly, undertake concerted operations to check at the roadside drivers and vehicles falling within the scope of Regulations (EEC) No 3820/85 and (EEC) No 3821/85. 2. Such operations shall, wherever possible, be undertaken at the same time by the enforcement authorities of two or more Member States, each operating on their own territory. Article 6 Exchange of information 1. Information made available bilaterally under Article 17 (3) of Regulation (EEC) No 3820/85 and Article 19 (3) of Regulation (EEC) No 3821/85 shall be exchanged every 12 months beginning six months after notification of this Directive (1) and also upon a specific request by a Member State in individual cases. 2. For this purpose, the competent authorities in each Member State shall use a standard reporting form drawn up by the Commission in agreement with the Member States. Article 7 1. With the exception of the Portuguese Republic, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 1 January 1989 at the latest. The Portuguese Republic shall bring the said laws, regulations and administrative provisions into force on 1 January 1990 at the latest. 2. Member States shall communicate to the Commission their laws, regulations and administrative provisions concerning the application of this Directive. Article 8 This Directive is addressed to the Member States.
[ "UKSI19791746" ]
31988L0609
1988
Council Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants into the air from large combustion plants Having regard to the Treaty establishing the European Economic Community, and in particular Article 130 s thereof, Having regard to the proposals from the Commission(1), Having regard to the opinions of the European Parliament(2), Having regard to the opinion of the Economic and Social Committee(3), Whereas the 1973(4), 1977(5), 1983(6) and 1987(7) European Communities action programmes on the environment stress the importance of the reduction and prevention of atmospheric pollution; Whereas in their resolution concerning the action programme on the environment 1987 to 1992, the Council and the Representatives of Governments of the Member States meeting within the Council emphasize the importance for Community action to concentrate as a priority on the reduction at source of air pollution, inter alia by adopting and implementing measures concerning emissions from large combustion plants; Whereas, moreover, under Decision 81/462/EEC(8), the Community became a Party to the Convention on long-range transboundary air pollution; Whereas Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants(9) provides for the introduction of certain procedures and measures aiming to prevent or reduce air pollution from industrial plants, particularly those belonging to listed categories, among which are large combustion plants; Whereas Article 8 of the same Directive 84/360/EEC stipulates that the Council, acting unanimously on a proposal from the Commission shall, if necessary, fix emission limit values for new plants based on the best available technology not entailing excessive costs and taking into account the nature, quantities and harmfulness of the emissions concerned; whereas Article 13 thereof stipulates that Member States shall implement policies and strategies, including appropriate measures, for the gradual adaptation of existing plants belonging to listed categories to the best available technology and taking various specified matters into account; Whereas the damage to the environment owing to air pollution makes it urgent to reduce and control emissions from new and existing large combustion plants and whereas to this end it is necessary to set overall objectives for a gradual and staged reduction of total annual emissions of sulphur dioxide and oxides of nitrogen from existing combustion plants and to fix emission limit values for sulphur dioxide, nitrogen oxides and dust in case of new plants, in accordance with the principle set out in Article 8 of the Diretive 84/360/EEC; Whereas such emission limit values for new plants will need to be reviewed in the light of technological developments and the evolution of environmental requirements, and the Commission will submit proposals to this effect; Whereas in establishing the overall annual emission ceilings for existing large combustion plants due account has been taken of the need for comparable effort, whilst making allowance for the specific situations of Member States; whereas, in establishing the requirements for the reduction of emissions from new plants, due account has been taken of particular technical and economic constraints in order to avoid excessive costs; whereas in the case of Spain there has been granted a temporary and limited derogation from the full application of the emission limit value of sulphur dioxide fixed for new plants, since that Member State considers it needs a particularly high amount of new generating capacity to allow for its energy and industrial growth, Article 1 This Directive shall apply to combustion plants, the rated thermal input of which is equal to or greater than 50 MW, irrespective of the type of fuel used (solid, liquid or gaseous). Article 2 For the purpose of this Directive: 1.´emission' means: the discharge of substances from the combustion plant into the air; 2.´waste gases' means: gaseous discharges containing solid, liquid or gaseous emissions; their volumetric flow rates shall be expressed in cubic metres per hour at standard temperature (273 K) and pressure (101,3 kPa) after correction for the water vapour content, hereinafter referred to as (Nm³h); 3.´emission limit value' means: the permissible quantity of a substance contained in the waste gases from the combustion plant which may be discharged into the air during a given period; it shall be calculated in terms of mass per volume of the waste gases expressed in mg/Nm³, assuming an oxygen content by volume in the waste gas of 3 % in the case of liquid and gaseous fuels and 6 % in the case of solid fuels; 4.´rate of desulphurization' means: the ratio of the quantity of sulphur which is separated out at the combustion plant site over a given period by processes especially designed for this purpose, to the quantity of sulphur contained in the fuel which is introduced into the combustion plant facilities and which is used over the same period; 5.´operator' means: any natural or legal person who operates the combustion plant, or who has or has been delegated decisive economic power over it; 6.´fuel' means: any solid, liquid or gaseous combustible material used to fire the combustion plant, with the exception of domestic refuse and toxic or dangerous waste; 7.´combustion plant' means: any technical appartus in which fuels are oxidized in order to use the heat thus generated. This Directive shall apply only to combustion plants designed for production of energy with the exception of those which make direct use of the products of combustion in manufacturing processes. In particular, this Directive shall not apply to the following plants: -plants in which the products of combustion are used for the direct heating, drying, or any other treatment of objects or materials e.g. reheating furnaces, furnaces for heat treatment. -post-combustion plants i.e. any technical apparatus designed to purify the waste gases by combustion which is not operated as an independent combustion plant, -facilities for the regeneration of catalytic cracking catalysts, -facilities for the conversion of hydrogen sulphide into sulphur, -reactors used in the chemical industry, -coke battery furnaces, -cowpers. Plants powered by diesel, petrol and gas engines or by gas turbines, irrespective of the fuel used, shall not be covered by this Directive. Where two or more separate new plants are installed in such a way that, taking technical and economic factors into account, their waste gases could, in the judgment of the competent authorities, be discharged through a common stack, the combination formed by such plants is to be regarded as a single unit. 8.´multi-fuel firing unit' means: any combustion plant which may be fired simultaneously or alternately by two or more types of fuel; 9.´new plant' menas: any combustion plant for which the original construction licence or, in the absence of such a procedure, the original operating licence was granted on or after 1 July 1987; 10.´existing plant' means: any combustion plant for which the original construction licence or, in the absence of such a procedure, the original operating licence was granted before 1 July 1987. Article 3 1. Not later than 1 July 1990, the Member States shall draw up appropriate programmes for the progressive reduction of total annual emissions from existing plants. The programmes shall set out the timetables and the implementing procedures. 2. The programmes shall be drawn up and implemented with the aim of complying, through the appropriate limitation of emissions, at least with the emission ceilings and with the corresponding percentage reductions laid down for sulphur dioxide in Annex I, columns 1 to 6 and for oxides of nitrogen in Annex II, columns 1 to 4 by the dates specified in those Annexes. 3. When the programmes are being carried out, Member States shall also determine the total annual emissions in accordance with Annex IX, point C. 4. In 1994 the Commission, on the basis of the summary reports provided by the Member States pursuant to Article 16, shall make a report to the Council on the implementation of the reductions referred to in this Article, accompanied where necessary by proposals for a revision of the phase 3 reduction targets and/or date for sulphur dioxide and the phase 2 reduction targets and/or date for oxides of nitrogen. The Council shall decide upon such proposals by unanimity. 5. If a substantial and unexpected change in energy demand or in the availability of certain fuels or certain generating installations creates serious technical difficulties for the implementation by a Member State of its programme drawn up under paragraph 1, the Commission at the request of the Member State concerned, and taking into account the terms of the request, shall take a decision to modify, for that Member State, the emission ceilings and/or the dates set out in Annexes I and II and communicate its decision to the Council and to the Member States. Any Member State may within three months refer the decision of the Commission to the Council. The Council, acting by a qualified majority, may within three months take a different decision. Article 4 1. Member States shall take appropriate measures to ensure that all licences for the construction or, in the absence of such a procedure, for the operation of new plants contain conditions relating to compliance with the emission limit values fixed in Annexes III to VII in respect of sulphur dioxide, oxides of nitrogen and dust. 2. Before 1 July 1995, and in the light of the state of technology and environmental requirements, the Commission shall submit proposals for the revision of the limit values applicable. The Council shall decide upon such proposals by unanimity. 3. Member States may require compliance with emission limit values and time limits for implementation which are more stringent than those set out in paragraphs 1 and 2; they may include other pollutants, and they may impose additional requirements or adaptation of plant to technical progress. Article 5 By way of derogation from Annex III: 1.New plants, of a rated thermal input equal to or greater than 400 MW, which do not operate more than 2 200 hours a year (rolling average over a period of five years), shall be subject to a limit value for sulphur dioxide emissions of 800 mg/Nm³. 2.New plants which burn indigenous solid fuel, where the emission limit value set for sulphur dioxide for such plants cannot be met, owing to the particular nature of the fuel, without using excessively expensive technology, may exceed the limit values laid down in Annex III. Such plants shall at least achieve the rates of desulphurization laid down in Annex VIII. 3.Until 31 December 1999, the Kingdom of Spain may authorize new power plants with a rated thermal input equal to or greater than 500 MW burning indigenous or imported solid fuels, commissioned before the end of 2005 and complying with the following requirements: -in the case of imported solid fuels, a sulphur dioxide emission limit value of 800 mg/Nm³, -in the case of indigenous solid fuels, at least a 60 % rate of desulphurization, provided that the total authorized capacity of such plants to which this derogation applies does not exceed: -2 000 MWe in the case of plants burning indigenous solid fuels, -in the case of plants burning imported solid fuels either 7 500 MWe or 50 % of all the new capacity of all plants burning solid fuels authorized up to 31 December 1999, whichever is the lower. Article 6 Member States may authorize plants burning indigenous lignite to exceed the emission limit values fixed in accordance with Article 4 if, notwithstanding the application of best available technology not entailing excessive costs, major difficulties connected with the nature of the lignite so require and provided that lignite is an essential source of fuel for the plants. The Commission shall immediately be informed of such cases, which shall be the subject of consultation with the Commission on the appropriate measures to be taken. Article 7 In order to ensure compliance with the emission limit values for oxides of nitrogen in Annex VI, the licences referred to in Article 4 (1) may require, inter alia, appropriate design specifications. In the event that monitoring reveals that due to unforeseen reasons, the emission limit value is not being complied with, the competent authority shall require the operator to take all appropriate primary measures to achieve compliance as soon as possible and in any case within one year. The Commission shall immediately be informed of such cases and of the results of the remedial measures taken. The provisions of this Article shall be reviewed on the basis of a proposal from the Commission to be submitted to the Council at the same time as the proposals referred to in Article 4 (2). Article 8 1. Member States shall ensure that provision is made in the licences referred to in Article 4 (1) for procedures relating to malfunction or breakdown of the abatement equipment. In case of a breakdown the competent authority shall be notified without delay and shall decide upon the appropriate action. The competent authority shall in particular require the operator to reduce or close down operations as soon as practicable and until normal operations can be restored, or to operate the plant using low polluting fuels, except in cases where, in the judgement of the competent authority, there is an overriding need to maintain electricity supplies. It shall in particular ensure that the operator takes all the necessary steps to recommission the abatement equipment as soon as possible. 2. The competent authority may allow a suspension for a maximum of six months from the obligation to comply with the emission limit values provided for in Article 4 for sulphur dioxide in respect of a plant which to this end normally uses low-sulphur fuel, in cases where the operator is unable to comply with these limit values because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage. 3. The competent authority may allow a derogation from the obligation to comply with the emission limit values provided for in Article 4 in cases where a plant which normally uses only gaseous fuel, and which would otherwise need to be equipped with a waste gas purification facility, has to resort exceptionally, and for a short period, to the use of other fuels because of a sudden interruption in the supply of gas. The competent autority shall immediately be informed of each specific case as it arises. 4. Member States shall inform the Commission immediately of the cases referred to in this Article. Article 9 1. For the purpose of granting the licence referred to in Article 4 (1) for a new plant with a multi-fuel firing unit involving the simultaneous use of two or more fuels, the competent authorities shall set the emission limit values as follows: -firstly by taking the emission limit value relevant for each individual fuel and pollutant corresponding to the rated thermal input of the combustion plant as given in Annexes III to VII, -secondly by determining fuel-weighted emission limit values, which are obtained by multiplying the above individual emission limit value by the thermal input delivered by each fuel, the product of multiplication being divided by the sum of the thermal inputs delivered by all fuels, -thirdly by aggregating the fuel-weighted limit values. 2. In multi-firing units using the distillation and conversion residues from crude-oil refining for own consumption, alone or with other fuels, the provisions for the fuel with the highest emission limit value (determinative fuel) shall apply, notwithstanding paragraph 1 above, if during the operation of the combustion plant the proportion contributed by that fuel to the sum of the thermal inputs delivered by all fuels is at least 50 %. Where the proportion of the determinative fuel is lower than 50 %, the emission limit value is determined on a pro rata basis of the heat input supplied by the individual fuels in relation to the sum of the thermal inputs delivered by all fuels as follows: -firstly by taking the emission limit value relevant for each individual fuel and pollutant corresponding to the rated heat input of the combustion plant as given in Annexes III to VII, -secondly by calculating the emission limit value of the determinative fuel (fuel with the highest emission limit value according to Annexes III to VII and, in the case of two fuels having the same emission limit value, the fuel with the higher thermal input); this value is obtained by multiplying the emission limit value laid down in Annexes III to VII for that fuel by a factor of two, and subracting from this product the emission limit value of the fuel with the lowest emission limit value, -thirdly by determining the fuel-weighted emission limit values, which are obtained by multiplying the calculated fuel emission limit value by the thermal input of the determinative fuel and the other individual emission limit values by the thermal input delivered by each fuel, the product of multiplication being divided by the sum of the thermal inputs delivered by all fuels, -fourthly by aggregating the fuel-weighted emission limit values. 3. As an alternative to paragraph 2, an emission limit value for sulphur dioxide of 1 000 mg/Nm³ can be applied, averaged over all new plants of the refinery and irrespective of the fuel combinations used. The competent authorities shall ensure that the application of this provision does not lead to an increase in emissions from existing plants. 4. For the purpose of granting the licence referred to in Article 4 (1) for a new plant with a multi-fuel firing unit involving the alternate use of two or more fuels, the emission limit values set in Annexes III to VII corresponding to each fuel used shall apply. Article 10 Waste gases from combustion plants shall be discharged in controlled fashion by means of a stack. The licence referred to in Article 4 (1) shall lay down the discharge conditions. The competent authority shall in particular ensure that the stack height is calculated in such a way as to safeguard health and the environment. Article 11 Where a combustion plant is extended by at least 50 MW, the emission limit value to be applied to the new part of the plant shall be fixed in relation to the thermal capacity of the entire plant. This provision shall not apply in the cases referred to in Article 9 (2) and (3). Article 12 In the case of construction of combustion plants which are likely to have significant effects on the environment in another Member State, the Member States shall ensure that all appropriate information and consultation takes place, in accordance with Article 7 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment.(10) Article 13 1. Member States shall take the necessary measures to ensure the monitoring, in accordance with Annex IX, of emissions from the combustion plants covered by this Directive and of all other values required for the implementation of this Directive. Member States may require that such monitoring shall be carried out at the operator's expense. 2. The measuring methods and/or equipment used in order to determine the concentrations of sulphur dioxide, dust, oxides of nitrogen and oxygen and the other values required in order to monitor implementation of this Directive, and all other equipment used in order to evaluate the results, shall correspond to the best industrial measurement technology and shall provide reproducible and comparable results. The determination methods must be approved by the competent authorities. 3. The competent authorities shall make available information relating to the performance criteria for measuring, calibration and data-handling equipment or methods used to this end and shall forward this information to the Commission. Article 14 The Member States shall take appropriate measures to ensure that the operator informs the competent authorities within reasonable time limits about the results of the continuous measurements, the checking of the measuring equipment, and the individual measurements and about all other measurements carried out in order to assess compliance with this Directive. Article 15 1. In the event of continuous measurements, the emission limit values set out in Annexes III to VII shall be regarded as having been complied with if the evaluation of the results indicates, for operating hours within a calendar year, that: a)none of the calendar monthly mean values exceeds the emission limit values; and b)in the case of: -sulphur dioxide and dust: 97 % of all the 48 hourly mean values do not exceed 110 % of the emission limit values, -oxides of nitrogen: 95 % of all the 48 hourly mean values do not exceed 110 % of the emission limit values. The periods referred to in Article 8 as well as start up and shut down periods shall be disregarded. 2. In cases where only discontinuous measurements or other appropriate procedures for determination are required, the emission limit values set out in Annexes III to VII shall be regarded as having been complied with if the results of each of the series of measurements or of the other procedures defined and determined according to the rules laid down by the competent authorities do not exceed the emission limit values. 3. In the cases referred to in Article 5 (2) and (3), the rates of desulphurization shall be regarded as having been complied with if the evalutation of measurements carried out pursuant to Annex IX, point A.2, indicates that all of the calendar monthly mean values or all of the rolling monthly mean values achieve the required desulphurization rates. The periods referred to in Article 8 as well as start up and shut down periods shall be disregarded. Article 16 1. Member States shall, not later than 31 December 1990, inform the Commission of the programmes drawn up in accordance with Article 3 (1). At the latest one year after the end of the different phases for reduction of emissions from existing plants the Member States shall forward to the Commission a summary report on the results of the implementation of the programmes. An intermediate report is required as well in the middle of each phase. 2. The reports referred to in paragraph 1 shall provide an overall view: -of all the combustion plants covered by this Directive, -of emissions of sulphur dioxide, and oxides of nitrogen expressed in tonnes per annum and as concentrations of these substances in the waste gases, -of measures already taken or envisaged with a view to reducing emissions, and of changes in the choice of fuel used, -of changes in the method of operation already made or envisaged, -of definitive closures of combustion plants already effected or envisaged, -and, where appropriate, of the emission limit values imposed in the programmes in respect of existing plants. When determining the annual emissions and concentrations of pollutants in the waste gases, Member States shall take account of the provisions of Articles 13, 14 and 15. 3. The Commission shall organize regular comparisons of the programmes referred to in Article 3 (1) with the Member States in order to ensure harmonized implementation of the programmes at Community level. The Commission shall take particular care to ensure that the implementation of the programmes produces the expected results in terms of the overall reduction in emissions and shall, if necessary, make appropriate proposals. . Member States applying Article 5 will report thereon annually to the Commission. Article 17 1. Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive no later than 30 June 1990. 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 18 This Directive is addressed to the Member States.
[ "UKPGA19900043", "UKSI19910472", "UKSI19920614" ]
31988L0610
1988
Council Directive 88/610/EEC of 24 November 1988 amending Directive 82/501/EEC on the major-accident hazards of certain industrial activities Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof, Having regard to the proposal from the Commission(1), Having regard to the opinion of the European Parliament(2), Having regard to the opinion of the Economic and Social Comittee(3), Whereas the protection of man and the environment calls for the provisions of Directive 82/501/EEC(4), as last amended by Directive 87/216/EEC(5), to be strengthened with regard to the storage of dangerous substances or preparations; Whereas the present amendment to Directive 82/501/EEC extends and strengthens Annex II of that Directive concerning the storage of dangerous substances or preparations, whether in bulk or in packaged form; Whereas the storage of dangerous substances or preparations may present a major-accident hazard both when the storage is associated with an industrial operation and when the storage is isolated or located within an installation, without being associated with an industrial operation; Whereas the storage of dangerous substances or preparations to which Directive 82/501/EEC must be applied can be identified by a list of chemical names or by a list of categories of danger according to the classification and labelling requirements laid down in other relevant Community Directives, together with their respective threshold quantities; whereas such categories of substances or preparations should be the ones classified as ´very toxic', ´toxic', ´explosive', ´oxidizing', ´extremely flammable' and ´highly flammable'; Whereas the provisions with regard to information to the public laid down in Article 8 of Directive 82/501/EEC need to be strengthened and better defined in order to ensure that any person liable to be affected by a major accident originating in a notified industrial activity within the meaning of Article 5 of that Directive is appropriately and effectively informed, in a harmonized way throughout the whole Community, on all matters relating to safety; whereas area and persons liable to be affected are defined by reference to the nature, extent and likely effects of possible major accidents occuring in the industrial activities; Whereas it is necessary that the content of the information referred to in Article 8 of Directive 82/501/EEC shall be clearly specified; whereas, in order to mitigate the consequences of a major accident, the persons concerned need to know the potential hazards and the measures to be taken; whereas it is necessary that such information has to be communicated on an active basis to the persons concerned, without a request being made, through some kind of public information media, such as leaflets or information boards; Whereas, in its Resolution adopted on 24 November 1986, the Council invited the Commission to review the Community measures for the prevention of major accidents and the limitation of their consequences and, if necessary, to present appropriate proposals; Whereas the Commission will present a proposal for a complete and systematic revision of the Annexes of Directive 82/501/EEC once further experience has been obtained; Whereas the Advisory Committee on Safety, Hygiene and Health Protection at Work, set up by Decision 74/325/EEC(6), has been consulted, Article 1 Directive 82/501/EEC is hereby amended as follows: 1.Article 8 (1) shall be replaced by the following: ´1. Member States shall ensure that information on safety measures and on the correct behaviour to adopt in the case of an accident is supplied in an appropriate manner, and without their having to request it, to persons liable to be affected by a major accident originating in a notified industrial activity within the meaning of Article 5. The information shall be repeated and updated at appropriate intervals. It shall also be made publicly available. Such information shall contain that laid down in Annex VII.' 2.Annex II shall be replaced by that in Annex A to this Directive. 3.The following shall be added to Annex IV: ´e)Oxidizing substances: Substances which give rise to highly exothermic reaction when in contact with other substances, particularly flammable substances'. 4.Annex VII, which appears in Annex B to this Directive, shall be added. Article 2 1. In the case of existing industrial activities which will be subject to the provisions of Directive 82/501/EEC for the first time following adoption of this Directive, this Directive shall apply at the latest on 1 June 1991. 2. In the case provided for in paragraph 1, the declaration provided for in Article 9 (3) of Directive 82/501/EEC shall be submitted to the competent authority at the latest on 1 June 1991 and the supplementary declaration provided for in Article 9 (4) of the said Directive shall be submitted to the competent authority at the latest on 1 June 1994. Article 3 1. Member States shall take the measures necessary to comply with this Directive at the latest on 1 June 1990. They shall forthwith inform the Commission thereof. 2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive. Article 4 This Directive is addressed to the Member States.
[ "UKSI19902325" ]
31988L0627
1988
Council Directive 88/627/EEC of 12 December 1988 on the information to be published when a major holding in a listed company is acquired or disposed of Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas a policy of adequate information of investors in the field of transferable securities is likely to improve investor protection, to increase investors' confidence in securities markets and thus to ensure that securities markets function correctly; Whereas, by making such protection more equivalent, coordination of that policy at Community level is likely to make for greater inter-penetration of the Member States' transferable securities markets and therefore help to establish a true European capital market; Whereas to that end investors should be informed of major holdings and of changes in those holdings in Community companies the shares of which are officially listed on stock exchanges situtated or operating within the Community; Whereas coordinated rules should be laid down concerning the detailed content and the procedure for applying that requirement; Whereas companies, the shares of which are officially listed on a Community stock exchange, can inform the public of changes in major holdings only if they have been informed of such changes by the holders of those holdings; Whereas most Member States do not subject holders to such a requirement and where such a requirement exists there are appreciable differences in the procedures for applying it; whereas coordinated rules should therefore be adopted at Community level in this field, Article 1 1. Member States shall make subject to this Directive natural persons and legal entities in public or private law who acquire or dispose of, directly or through intermediaries, holdings meeting the criteria laid down in Article 4 (1) which involve changes in the holdings of voting rights in companies incorporated under their law the shares of which are officially listed on a stock exchange or exchanges situated or operating within one or more Member States. 2. Where the acquisition or disposal of a major holding such as referred to in paragraph 1 is effected by means of certificates representing shares, this Directive shall apply to the bearers of those certificates, and not to the issuer. 3. This Directive shall not apply to the acquisition or disposal of major holdings in collective investment undertakings. 4. Paragraph 5 (c) of Schedule C of the Annex to Council Directive 79/279/EEC of 5 March 1979 coordinating the conditions for the admission of securities to official stock exchange listing (4), as last amended by Directive 82/148/EEC (5), is hereby replaced by the following: '(c) The company must inform the public of any changes in the structure (shareholders and breakdowns of holdings) of the major holdings in its capital as compared with information previously published on that subject as soon as such changes come to its notice. In particular, a company which is not subject to Council Directive 88/627/EEC of 12 December 1988 on the information to be published when a major holding in a listed company is acquired or disposed of (*) must inform the public within nine calender days whenever it comes to its notice that a person or entity has acquired or disposed of a number of shares such that his or its holding exceeds or falls below one of the thresholds laid down in Article 4 of that Directive. (*) OJ No L 348, 17. 12. 1988, p. 62.' Article 2 For the purposes of Directive, 'acquiring a holding' shall mean not only purchasing a holding, but also acquisition by any other means whatsoever, including acquisition in one of the situations referred to in Article 7. Article 3 Member States may subject the natural persons, legal entities and companies referred to in Article 1 (1) to requirements stricter than those provided for in this Directive or to additional requirements, provided that such requirements apply generally to all those acquiring or disposing of holdings and all companies or to all those falling within a particular category acquiring or disposing of holdings or of companies. Article 4 1. Where a natural person or legal entity referred to in Article 1 (1) acquires or disposes of a holding in a company referred to in Article 1 (1) and where, following that acquisition or disposal, the proportion of voting rights held by that person or legal entity reaches, exceeds or falls below one of the thresholds of 10 %, 20 %,1 / 3, 50 % and 2 / 3, he shall notify the company and at the same time the competent authority or authorities referred to in Article 13 within seven calendar days of the proportion of voting rights he holds following that acquisition or disposal. Member States need not apply: - the thresholds of 20 % and 1 / 3 where they apply a single threshold of 25 %, - the threshold of 2 / 3 where they apply the threshold of 75 %. The period of seven calendar days shall start from the time when the owner of the major holding learns of the acquisition or disposal, or from the time when, in view of the circumstances, he should have learnt of it. Member States may further provide that a company must also be informed in respect of the proportion of capital held by a natural person or legal entity. 2. Member States shall, if necessary, establish in their national law, and determine in accordance with it, the manner in which the voting rights to be taken into account for the purposes of applying paragraph 1 are to be brought to the notice of the natural persons and legal entities referred to in Article 1 (1). Article 5 Member States shall provide that at the first annual general meeting of a company referred to in Article 1 (1) to take place more than three months after this Directive has been transposed into national law, any natural person or legal entity as referred to in Article 1 (1) must notify the company concerned and at the same time the competent authority or authorities where he holds 10 % or more of its voting rights, specifying the proportion of voting rights actually held unless that person or entity has already made a declaration in accordance with Article 4. Within one month of that general meeting, the public shall be informed of all holdings of 10 % or more in accordance with Article 10. Article 6 If the person or entity acquiring or disposing of a major holding as defined in Article 4 is a member of a group of undertakings required under Directive 83/349/EEC (1) to draw up consolidated accounts, that person or entity shall be exempt from the obligation to make the declaration provided for in Article 4 (1) and in Article 5 if it is made by the parent undertaking or, where the parent undertaking is itself a subsidiary undertaking, by its own parent undertaking. Article 7 For the purposes of determining whether a natural person or legal entity as referred to in Article 1 (1) is required to make a declaration as provided for in Article 4 (1) and in Article 5, the following shall be regarded as voting rights held by that person or entity: - voting rights held by other persons or entities in their own names but on behalf of that person or entity, - voting rights held by an undertaking controlled by that person or entity; - voting rights held by a third party with whom that person or entity has concluded a written agreement which obliges them to adopt, by concerted exercise of the voting rights they hold, a lasting common policy towards the management of the company in question. - voting rights held by a third party under a written agreement concluded with that person or entity or with an undertaking controlled by that person or entity providing for the temporary transfer for consideration of the voting rights in question, - voting rights attaching to shares owned by that person or entity which are lodged as security, except where the person or entity holding the security controls the voting rights and declares his intention of exercising them, in which case they shall be regarded as the latter's voting rights, - voting rights attaching to shares of which that person or entity has the life interest, - voting rights which that person or entity or one of the other persons or entities mentioned in the above indents is entitled to acquire, on his own initiative alone, under a formal agreement; in such cases, the notification prescribed in Article 4 (1) shall be effected on the date of the agreement, - voting rights attaching to shares deposited with that person or entity which that person or entity can exercise at its discretion in the absence of specific instructions from the holders. By way of derogation from Article 4 (1), where a person or entity may exercise voting rights referred to in the last indent of the preceding subparagraph in a company and where the totality of these voting rights together with the other voting rights held by that person or entity in that company reaches or exceeds one of the thresholds provided for in Article 4 (1), Member States may lay down that the said person or entity is only obliged to inform the company concerned 21 calendar days before the general meeting of that company. Article 8 1. For the purposes of this Directive, 'controlled undertaking' shall mean any undertaking in which a natural person or legal entity: (a) has a majority of the sahreholders' or members' voting rights; or (b) has the right to appoint or remove a majority of the members of the administrative, management or supervisory body and is at the same time a shareholder in, or member of, the undertaking in question; or (c) is a shareholder or member and alone controls a majority of the shareholders' or members' voting rights pursuant to an agreement entered into with other shareholders or members of the undertaking. 2. For the purposes of paragraph 1, a parent undertaking's rights as regards voting, appointment and removal shall include the rights of any other controlled undertaking and those of any person or entity acting in his own name but on behalf of the parent undertaking or of any other controlled undertaking. Article 9 1. The competent authorities may exempt from the declaration provided for in Article 4 (1) the acquisition or disposal of a major holding, as defined in Article 4, by a professional dealer in securities, in so far as that acquisition or disposal is effected in his capacity as a professional dealer in securities and in so far as the acquisition is not used by the dealer to intervene in the management of the company concerned. 2. The competent authorities shall require the professional dealers in securities referred to in paragraph 1 to be members of a stock exchange situated or operating within a Member State or to be approved or supervised by a competent authority such as referred to in Article 12. Article 10 1. A company which has received a declaration referred to in the first subparagraph of Article 4 (1) must in turn disclose it to the public in each of the Member States in which its shares are officially listed on a stock exchange as soon as possible but not more than nine calender days after the receipt of that declaration. A Member State may provide for the disclosure to the public, referred to in the first subparagraph, to be made not by the company concerned but by the competent authority, possibly in cooperation with that company. 2. The disclosure referred to in paragraph 1 must be made by publication in one or more newspapers distributed throughout or widely in the Member State or States concerned or be made available to the public either in writing in places indicated by announcements to be published in one or more newspapers distributed throughout or widely in the Member State or States concerned or by other equivalent means approved by the competent authorities. The said disclosure must be made by publication in the official language or languages, or in one of the official languages or in another language, provided that in the Member State in question the official language or languages or such other language is or are customary in the sphere of finance and accepted by the competent authorities. Article 11 The competent authorities may, exceptionally, exempt the companies referred to in Article 1 (1) from the obligation to notify the public set out in Article 10 where those authorities consider that the disclosure of such information would be contrary to the public interest or seriously detrimental to the companies concerned, provides that, in the latter case, such omission would not be likely to mislead the public with regard to the facts and circumstances knowledge of which is essential for the assessment of the transferable securities in question. Article 12 1. Member States shall designate the competent authority or authorities for the purposes of this Directive and shall inform the Commission accordingly, specifying, where appropriate, and division of duties between those authorities. 2. Member States shall ensure that the competent authorities have such powers as may be necessary for the performance of their duties. 3. The competent authorities in the Member States shall cooperate wherever necessary for the purpose of performing their duties and shall exchange any information useful for that purpose. Article 13 For the purpose of this Directive, the competent authorities shall be those of the Member State the law of which governs the companies referred to in Article 1 (1). Article 14 1. Member States shall provide that every person who carries on or has carried on an activity in the employment of a competent authority whall be bound by professional secrecy. This means that no confidential information received in the course of their duties may be divulged to any person or authority except by virtue of provisions laid down by law. 2. Paragraph 1 shall not, however, preclude the competent authorities of the various Member States from exchanging information as provided for in this Directive. Information thus exchanged shall be covered by the obligation of professional secrecy to which persons employed or previously employed by the competent authorities receiving the information are subject. 3. A competent authority which receives confidential information pursuant to paragraph 2 may use it solely for the performance of its duties. Article 15 Member States shall provide for appropriate sanctions in cases where the natural persons or legal entities and the companies referred to in Article 1 (1) do not comply with the provisions of this Directive. Article 16 1. The Contact Committee set up by Article 20 of Directive 79/279/EEC shall also have as its function: (a) to permit regular consultations on any practical problems which arise from the application of this Directive and on which exchanges of view are deemed useful; (b) to facilitate consultations between the Member States on the stricter or additional requirements which they may lay down in accordance with Article 3, so that the requirements imposed in all the Member States may be brought into line, in accordance with Article 54 (3) (g) of the Treaty; (c) to advise the Commission, if necessary, on any additions or amendments to be made to this Directive. Article 17 1. Member States shall take the measures necessary for them to comply with this Directive before 1 January 1991. They shall forthwith inform the Commission thereof. 2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field governed by this Directive. Article 18 This Directive is addressed to the Member States.
[ "UKSI19931819" ]
31988L0657
1988
Council Directive 88/657/EEC of 14 December 1988 laying down the requirements for the production of, and trade in, minced meat, meat in pieces of less than 100 grams and meat preparations and amending Directives 64/433/EEC, 71/118/EEC and 72/462/EEC Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas provisions relating to the preparation, packaging, storage and transport of minced meat, meat in pieces of less than 100 grams and meat preparations should be laid down; whereas the health requirement which such meat must fulfil should also be laid down; Whereas Directive 64/433/EEC (4), as last amended by Directive 88/288/EEC (5), and Directive 71/118/EEC (6), as last amended by Regulation (EEC) No 3805/87 (7), harmonized the health rules relating to intra-Community trade in fresh meat and trade in fresh poultrymeat; Whereas Directive 77/99/EEC (8), as last amended by Regulation (EEC) No 3805/87, harmonized the health rules relating to intra-Community trade in meat products; Whereas the directives in force must be taken as a basis for laying down the rules relating to meat intended for use as a raw material and to the approval of establishments; whereas, moreover, certain provisions of Directive 64/433/EEC on intra-Community trade may be applied to trade in minced meat, meat in pieces of less than 100 grams and meat preparations; Whereas, so long as intra-Community trade is hindered by differences between the health requirements of Member States concerning minced meat, meat in pieces of less than 100 grams and meat preparations, the harmonious functioning of the common market and in particular of the relevant common organization of markets will not have the desired effect; Whereas the particularly sensitive nature of these products has led to the adoption by Member States of national rules governing the composition thereof and of production standards for them; whereas the existence of these divergent national rules applicable to production as a whole would lead to border controls being maintained; Whereas it is therefore necessary, in order to eliminate these disparities, to approximate the provisions of Member States governing production of these products; Whereas, in the context of the aims of bringing about an internal market, provision should be made forthwith for the principle of extending the harmonized rules to Community production as a whole; whereas such extension must, however, be dependent upon the rules to be laid down for meat by virtue of Article 5 of Council Directive 88/409/EEC of 15 June 1988 laying down the health rules applying to meat intended for the domestic market and the levels of the fees to be charged, pursuant to Directive 85/73/EEC, in respect of the inspection of such meat (9); Whereas, in order to harmonize the rules applicable to the import of meat in pieces of less than 100 grams, it is necessary to amend Directive 72/462/EEC (10), as last amended by Directive 88/289/EEC (11), which governs the import of fresh meat, in order to make certain special requirements apply to them; Whereas, in order to guarantee that consumers are well informed, it is necessary to derogate from the rules laid down by Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (12), as last amended by Directive 86/197/EEC (13) : Whereas it has established that all Member States have national rules governing the composition of the products covered by this Directive and limiting the additives which may be used for the manufacture of these products; whereas the existence of different standards in this context may run counter to the requirements of the internal market; whereas it is therefore advisable to lay down maximum limits for these standards; whereas it is appropriate to postpone, until a decision is taken within a Community framework, the laying down of common rules governing the additives which may be used for the products in question; Whereasthe Commission should be entrusted with the task of adopting certain measures for implementing this Directive; whereas, to that end, procedures should be laid down introducing close and effective cooperation between the Commission and the Member States within the Standing Veterinary Committee, Article 1 This Directive lays down the requirements to be complied with for the production of, and intra-Community trade in, minced meat, meat in pieces of less than 100 grams and meat preparations intended for direct human consumption or for industry. Article 2 For the purposes of this Directive: 1. the definitions contained in Article 2 of Directive 64/433/EEC, Article 2 of Directive 72/462/EEC and Articles 1 and 2 of Directive 71/118/EEC shall apply where necessary; 2. the following definitions shall apply: (a) minced meat: preparations obtained by mincing into fragments fresh meat as defined in Directivé 64/433/EEC: ´minced meat' shall also be taken to include meat which has passed through a spiral-screw mincer; (b) meat in pieces of less than 100 grams: fresh meat as defined in Directive 64/433/EEC divided into pieces of less than 100 grams; (c) meat preparations: preparations made wholly or partly from fresh meat, minced meat or meat pieces of less than 100 grams which have - either undergone treatment other than that defined in Article 2 (a) and (d) of Directive 77/99/EEC, - or been prepared by addition of foodstuffs, seasonings or additives, - or undergone a combination of the above. The preparations must be such that the cellular structure of the meat is unaffected and the finished product contains no fragments of bone. However, minced meat or meat in pieces of less than 100 grams which have undergone only cold treatment shall not be regarded as meat preparations; (d) seasonings: salt intended for human consumption, mustard, spices and spice extracts, aromatic herbs and extracts thereof: (e) foodstuff: any product of animal or vegetable origin considered fit for human consumption; (f) production plant: any cutting plant or establishment producing minced meat and meat in pieces of less than 100 grams fulfilling the requirements of Chapter I of Annex I to this Directive and any plant producing meat preparations fulfilling the requirements of Chapter I of Annex A to Directive 77/99/EEC: (g) independent production unit: a production plant not located on the premises or in an annex to an establishment approved in accordance with Directives 64/433/EEC or 77/99/EEC which fulfils the requirements of Chapter I of Annex I to this Directive; 3. the following shall not be considered as minced meat, meat in pieces of less than 100 grams or meat preparations within the meaning of this Directive but as meat products: products which have undergone one of the treatments specified in Article 2 (d) of Directive 77/99/EEC and which no longer display the characteristics of fresh meat. Article 3 1. Each Member State shall ensure that meat and meat preparations as defined in Article 2 (2) are dispatched from its territory to the territory of another Member State only if they meet the following conditions: (a) they must have been prepared from fresh meat: (i) either in compliance with Directive 64/433/EEC or with Directive 71/118/EEC: (ii) or in compliance with Directive 72/462/EEC and coming from a third country either directly or via another Member State. In the case of fresh pigmeat, it must have been examined for trichinae in accordance with Article 2 of Directive 77/96EEC (14); (b) they must have been prepared in a preparation plant which: ii) meets the requirements of Chapter I of Annex I to this Directive whether it is an independent production unit or a plant located in, or in an annex to, an establishment already approved in accordance with Directives 64/433/EEC or 77/99/EEC; (ii) has been approved and is included on the list(s) drawn up in accordance with Article 7 (1); (c) they must have been prepared, packaged and stored in accordance with Chapters II, III and IV of Annex I; (d) they must have been inspected in accordance with Chapters V and VI of Annex I; (e) they must be marked in accordance with Chapter VII of Annex I; (f) they must be transported in accordance with Chapter VIII of Annex I; (g) during transport to the country of destination they must be accompanied by a health certificate that satisfies the requirements in Chapter XII of Annex I to Directive 64/433/EEC and is marked as follows: ´The undersigned, official veterinarian, hereby certifies that the minced meat, meat in pieces of less than 100 grams, meat preparations (a) described above was/were obtained under the conditions of production and inspection laid down in Directive 88/657/EEC laying down the requirements for the production of, and trade in, minced meat, meat in pieces of less than 100 grams and meat preparations and amending Directives 64/433/EEC, 71/118/EEC and 72/462/EEC. (aj Delete where inapplicable'; (h) the designations ´lean minced meat' and ´minced meat', possibly combined with the names of the species of the animals from which the meat is obtained, must be restricted to products for the final consumer which, in addition to the general conditions imposed in Chapter III of Annex I, meet the requirements set out in Section I of Annex II. 2. Member States shall ensure that - in addition to the general conditions laid down in I - minced meat, meat in pieces of less than 100 grams and, in so far as they contain such meat, meat preparations intended for intra-Community trade comply with the following requirements: (a) they must be obtained, without prejudice to Article 4, from fresh meat from slaughter animals: (i) in the case of meat that has been frozen or deep-frozen without bones, within a maximum of 18 months for beef and veal, 12 months for sheepmeat and 6 months for pigmeat of freezing or deep-freezing in a warehouse approved in accordance with Article 9 of Directive 64/33/EEC; (ii) in the case of other fresh meat, within a maximum of six days after the slaughter of the animal of origin, compliance with this requirement being guaranteed by a method of identification to be specified by the competent authority; (b) they must have undergone cold treatment within a maximum of one hour after cutting into portions and wrapping except where processes requiring the lowering of the internal temperature of the meat during preparation are used; (c) if they are to be placed on the market: - chilled and wrapped for the final consumer, they must be obtained exclusively from meat as referred to in (a) (ii) and cooled to an internal temperature below + 2oC in a period of not more than one hour; - deep-frozen and wrapped for the final consumer, they must be obtained from meat as referred to in paragraph (a) (ii) or, without prejudice to the prohibition laid down in the first subparagraph of Article 6 (1), from meat as referred to in (a) (i) and cooled to an internal temperature below - 18 oC in a period of not more than four hours; - frozen, they may be obtained from meat as referred to in (a) (i) or (ii) and cooled to an internal temperature below - 12 oC in a period of not more than 12 hours. Such meat may not be wrapped for the final consumer; (d) they must not have been subjected to ionizing radiation or ultra-violet treatment; (e) as regards meat preparations, seasonings may not exceed 3 % of the finished product if added dry or 10 % if added in any other state. Article 4 Member States shall ensure - without prejudice to Article 6 - that the following meat is not dispatched from their territory to the territory of another Member State: (a) minced soliped meat or soliped meat weighing less than 100 grams; (b) minced meat containing offal; (c) minced meat, meat in pieces of less than 100 grams and meat preparations obtained from or using mechanically separated meat; (d) minced poultrymeat. Article 5 1. Countries of destination may, subject to compliance with the general provisions of the Treaty, grant to one or more exporting countries general authorizations or authorizations restricted to specific cases for the importation into their territory of: (i) meat or preparations referred to in Article 2 (2) which fail(s) to meet the standards laid down in Article 3 () (h) and 3 (2) (a) (i) and (c) or the standards laid down in Chapter VI of Annex I; (ii) meat or preparations referred to in Article 4. Such products may not be dispatched unless this is done in accordance with Article 3. 2. When a country of destination grants an authorization under paragraph 1, it shall inform the Commission and the other Member States within the Standing Veterinary Committee thereof. 3. The exporting countries shall take all measures necessary to ensure thatthe health certificate referred to in Article 3 (1) (g) mentions that use has been made of the possibilities provided for in paragraph 1 of this Article. Article 6 1. Member States which prohibit the use of meat as referred to in Article 3 (2) (a) (i) for the manufacture of deep-frozen meat preparations wrapped for the final consumer or the transport within their territory of minced meat, meat in pieces of less than 100 grams or meat preparations that have not been frozen or deep-frozen may prohibit or limit the introduction into their territory of such meat or preparations from other Member States. Member States wishing to invoke this option shall first inform the Commission and the other Member States within the Standing Veterinary Committee. 2. Member States which authorize the production or marketing within their territory of: - minced meat with seasonings or meat preparations both obtained from offal, - minced meat obtained from or using fresh meat from domestic solipeds or obtained from or using fresh poultry meat intended for the processing industry, may not prohibit or restrict the introduction into their territory of minced meat or meat preparations obtained in similar conditions in another Member State. In trade in the minced meat and the meat preparations referred to in the first subparagraph, the conditions imposed in this Directive must be complied with. Such minced meat and meat preparations may be dispatched only in accordance with Article 3 (2) and, in the case of meat including fresh poultrymeat, the latter must meet the requirements of Directive 71/118/EEC. For the purposes of this Article, Article 6 (2) and (3) of Directive 64/433/EEC shall apply mutatis mutandis. 3. Acting on a proposal from the Commission, the Council shall decide by 31 December 1991 on the conditions for extending the requirements of this Directive to the products referred to in the preceding paragraphs, in particular in the light of the decisions to be taken pursuant to Article 13 (2). Article 7 1. Each Member State shall draw up a list of the establishments manufacturing products referred to in Article 2 (15) (a), (b) and (c). This list shall be forwarded to the other Member States and the Commission, stating whether these establishments are production plants or independent production units. Each plant shall receive an approval number, which in the first case shall be that of the establishment that has been approved, with the indication that it has been approved for the production of the meat and preparations defined in Article 2. Plants thus approved shall be entered in a separate column on the list of establishments referred to in Article 8 of Directive 64/433/EEC or that referred to in Article 6 of Directive 77/99/EEC or, in the case of an independent production unit, on a separate list drawn up according to the same criteria. 2. A Member State shall not include a production plant or an independent production unit on the list referred to in paragraph 1 unless it is sure that the establishment satisfies the conditions laid down in this Directive. The Member States shall withdraw the specific indication if the conditions cease to be fulfilled. 3. The Member States shall take account of the results of any checks performed in accordance with Article 9 of Directive 64/433/EEC. The other Member States and the Commission shall be informed of the withdrawal of the specific indication provided for in paragraph 1. Article 8 1. Member States shall ensure that production plants and independent production units undergo official inspection in order to ensure that production hygiene requirements are fulfilled. If the inspection or inspections referred to in the first subparagraph and in paragraph 2 show that not all hygiene requirements are being fulfilled, the official veterinarian shall take appropriate steps. 2. Member States shall ensure that meat in pieces of less than 100 grams, minced meat and meat preparations undergo microbiological checks carried out by the establishments, under the supervision, control and responsibility of the official veterinarian, in order to ensure that such meat complies with the requirements of this Directive. 3. Member States shall ensure that regular microbiological checks are effected to examine for aerobic mesophile bacteria, salmonella, staphylococci, Escherichia coli and sulphite-reducing anaerobes in accordance with the conditions laid down in Chapter VI of Annex I. 4. Member States shall ensure that the standards and methods of interpretation set out in section II of Annex II to this Directive are applied to all their production of meat and preparations defined in Article 2 (2), except for those prepared on the spot at the request of the purchaser and such meat obtained in establishments selling directly to the consumer where transport and packaging are not involved. Member States shall, however, be authorized to postpone application pending implementation of the decisions provided for in Article 1 3. They shall inform the Commission and the other Member States therof within the Standing Veterinary Committee. Member States which do not avail themselves of the possibility offered in the second subparagraph may make imports into their territory of meat and meat preparations defined in Article 2 (2) subject to the requirement that they mut come from establishments conforming with the standards laid down in Annex II. 5. The microbiological checks must be carried out in accordance with proven methods which are scientifically recognized, in particular those laid down in Community Directives or other international standards. The results of the microbiological checks must be assessed using the standards for interpretation laid down in Annex II. In the event of disputes arising in trade, Member States shall recognize the ISO methods as reference methods. 6. For the purpose of inspecting production holdings, the Commission - after consultation of the Standing Veterinary Committee - shall draw up a general code of hygiene which shall specify the general conditions of hygiene to be complied with in production plants and independent production units, in particular the conditions for the upkeep of premises. The Commission will publish that code. 7. Where there is good reason to suspect that the requirements of this Directive are not being satisfied, the official veterinarian shall carry out the necessary checks and, if that suspicion is confirmed, take appropriate measures, and in particular suggest to the competent authority that approval be suspended. Article 9 For the purposes of this Directive, the inspection and supervision of the establishments referred to in Article 7 shall be performed in accordance with Article 8 (2) of Directive 64/433/EEC, Article 6 (2) of Directive 77/99/EEC and Article 2 of Directive 88/409/EEC. Article 10 1. Article 8 (3) of Directive 64/433/EEC shall apply mutatis mutandis in the event of disputes concerning compliance in an approved establishment with the conditions laid down in this Directive. 2. Article 9 of Directive 64/433/EEC shall apply to mutatis mutandis to the on-the-spot inspection necessary for the uniform application of this Directive in the establishments referred to in Article 7. 3. Articles 10 and 11 of Directive 64/433/EEC shall apply mutatis mutandis to trade in the meat defined in Article 2 (2) of this Directive. Article 11 1. Directive 64/433/EEC is hereby amended as follows: (a) in Article 5, point (b) is replaced by: ´(b) mechanically separated meat'; (b) in Article 5, point 1 is deleted; (c) in Article 6 (1), point (iii) is replaced by: ´(iii) fresh meat referred to in Article 5 (b) and (i) to (k)'. 2. Directive 71/118/EEC is hereby amended as follows: (a) the following subparagraph is added to Article 3 (3): ´Intra-Community trade in fresh poultrymeat ground or similarly comminuted shall be excluded.' (b) Article 15 a is repealed. 3. Article 18 (2) of Directive 72/462/EEC is replaced by the following: ´2. Article 20 (j) and (k) notwithstanding, Member States may authorize importation into their territories of meat in pieces of less than 100 grams within the meaning of Article 2 (2) (b) of Directive 88/657/EEC (16) from masseter muscles and brains provided that rhey comply with the requirements of Article 17 (2) and with paragraph 1 (b) (iii), (iv) and (v) of this Article and, as regards meat in pieces of less than 100 grams, with the conditions laid down in Directive 88/657/EEC. Article 12 Trade in meat and meat preparations defined in Article 2 (2) shall be subject to the animal health rules governing trade in fresh meat laid down in Directive 72/461/EEC. Article 13 1. Member States shall ensure that, by no later than the date to be fixed for the implementation of the decisions provided for in Article 5 (1) of Directive 88/409/EEC, all meat and meat preparations referred to in Article 2 (2) and produced in their territory for marketing there, subject to the second subparagraph of this paragraph, satisfy the requirements of this Directive, save in the case of derogations (in particular from the provisions of Article 3 (2) (c)) to be decided by the Council, before 1 January 1992, in connection with the decision referred to in paragraph 2. The preceding subparagraph shall not apply to meat and meat preparations mentioned in Article 4, meat prepared on the spot at the request of the purchaser and such meat obtained in establishments selling directly to the consumer where transport and packaging are not involved. 2. The Council, acting by a qualified majority on a proposal from the Commission shall adopt before 1 January 1992 the minimum rules which must be complied with by an establishment intending to restrict its production to the local market and shall at the same time re-examine Article 6. Article 14 The Annexes to this Directive may be amended by the Council, acting by a qualified majority on a proposal from the Commission, in particular in order to adapt them to technological progress. Before 1 January 1991, the Council shall re-examine the data concerning the microbiological standards of Section II of Annex II in the light of a Commission report based upon scientific conclusions together with possible proposals on which it will take a decision in accordance with the procedure provided for in the first subparagraph. Article 15 Pending compilation, in the context of Community legislation on additives, of the list of foodstuffs to which the additives authorized for use may be added and establishment of the conditions under which they may be added and, where appropriate, a limit on the technological purpose of their use, the national rules and the bilateral arrangements existing on the date on which this Directive is brought into application restricting the use of additives in the products covered by this Directive shall remain applicable, with due regard for the general provisions of the Treaty, provided that they apply without distinction to domestic production and to trade. Article 16 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1992. They shall forthwith inform the Commission thereof. Article 17 This Directive is addressed to the Member States.
[ "UKSI19953205" ]
31989L0014
1988
COMMISSION DIRECTIVE of 15 December 1988 determining the groups of varieties of spinach beet and beetroot referred to crop isolation conditions of Annex I to Council Directive 70/458/EEC on the marketing of vegetable seed (89/14/EEC) Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (1), as last amended by Directive 88/380/EEC (2),, and in particular the final sentence of Annex I (4) (A) thereof, Whereas Commission Directive 87/481/EEC (3) amended the conditions laid down in Annex I (4) to Directive 70/458/EEC for crop isolation for the production of spinach beet seed and beetroot seed; Whereas, according to Directive 87/481/EEC, the minimum distance from neighbouring plants of the same sub-species which might result in undesirable foreign pollination depends on whether the spinach beet or beetroot crop is of a variety belonging to the same group of varieties as those plants; Whereas it is therefore necessary to determine the groups of varieties of spinach beet and beetroot referred to in Annex I (4) (A) of Directive 70/458/EEC; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, Article 1 The groups of varieties of spinach beet and beetroot referred to in Annex I (4) (A) of Directive 70/458/EEC are those listed in the Annex to this Directive. Article 2 Member States shall take the measures necessary to comply with this Directive not later than 1 January 1990. They shall forthwith inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19891315" ]
31989L0002
1988
Commission Directive 89/2/EEC of 15 December 1988 amending Council Directive 66/402/EEC on the marketing of cereal seed Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (1), as last amended by Commission Directive 88/506/EEC (2), and in particular Article 2 (1b) thereof, Whereas Council Directive 88/380/EEC (3) makes provision for including hybrids of rye within the scope of Directive 66/402/EEC and empowers the Commission to adopt the necessary amendments to the definitions in Article 2 (1) of that Directive; whereas Directive 88/380/EEC also empowers the Commission to make amendments to the Annexes to Directive 66/402/EEC in order to establish the conditions to be satisfied by the crop and the seed of hybrids of rye; Whereas, owing to the increased importance in the Community of hybrid varieties of rye, the amendments to the definitions should be adopted now; Whereas the amendments to the Annexes depend upon the results of a temporary experiment organized pursuant to Article 13a of Directive 66/402/EEC and cannot yet be made; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, Article 1 Directive 66/402/EEC is hereby amended as follows: 1. In Article 2 (1) (Ca), in the introductory words, 'rye', is inserted after 'rice,'; 2. In Article 2 (1) (E), in the introductory words, 'canary grass and rye, other than hybrids in each case, sorghum,' is replaced by 'canary grass, other than hybrids, rye, sorghum,'. Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 July 1990. They shall forthwith inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19891311" ]
31988L0642
1988
Council Directive 88/642/EEC of 16 December 1988 amending Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work Having regard to the European Economic Community, and in particular Article 118a thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas, for improved protection of workers with respect to chemical, physical and biological agents at work, it is necessary to strengthen the provisions contained in Council Directive 80/1107/EEC (4), as last amended by the Act of Accession of Spain and Portugal; Whereas the Council resolution of 27 February 1984 on a second programme of action of the European Communities on safety and health at work (5) provides for the harmonization of provisions and measures regarding the protection of workers with respect to certain chemical, physical and biological agents; whereas, in the interests of balanced development, it is therefore necessary to harmonize and improve those measures, while adapting them to take account of technical progress; whereas this harmonization and improvement should be based on common principles; Whereas the Council resolution of 21 December 1987 on safety, hygiene and health at work (6) stresses the importance of improving the safety and health of workers at the place of work; Whereas, in accordance with Decision 74/325/EEC (7), as amended by the Act of Accession of Spain and Portugal, the Advisory Committee on Safety, Hygiene and Health at Work is to be consulted by the Commission with a view to drawing up proposals in this field; Whereas, for certain agents, the Council will lay down, in individual Directives, the limit values of a binding nature for occupational exposure and, where appropriate, other specific requirements; Whereas provision should be made at Community level for drawing up for the other agents indicative limit values which the Member States would, inter alia, take into account when establishing national limit values; Whereas representatives of employers and workers have a role to play in the protection of workers; Whereas the provisions of this Directive are minimum requirements and in no way prevent Member States from maintaining or taking other measures so as to protect workers furhter. Article 1 Directive 80/1107/EEC is hereby amended as follows: 1. The following subparagraph is added to Article 3 (1): ´The Council, in accordance with the procedure laid down in Article 118a of the Treaty, may amend Annex I with a view, inter alia, to inserting in it agents in respect of which a binding limit value or binding limit values and/or other specific requirements appear necessary.' 2. Article 4 is amended as follows: (a) point 4 is replaced by the following: ´4. (a) in the case of any activity likely to involve a risk of exposure of workers, determination of the nature and degree of the workers' exposure so that any risk to their safety or health can be assessed and the measures to be taken can be defined; (b) establishment of limit values and of sampling procedures, measuring procedures and procedures for evaluating results; in the case of chemical agents, the establishment of sampling procedures, measuring procedures and procedures for evaluating results, in accordance with the reference method described in Annex II a or a method yielding equivalent results; (c) when a limit value is exceeded, identification without delay of the reasons for the limit being exceeded and implementation as soon as possible of appropriate measures to remedy the situation.'; (b) point 9 is replaced by the following: ´9. appropriate measures shall be taken by the employer to ensure that workers and/or their representatives in undertakings or establishments receive full information on, and instruction in: (a) the potential risks connected with their exposure, the technical preventive measures to be observed by workers and the precautions taken by the employer and to be taken by workers; (b) the risk assessment methods used, the existence of a limit value as referred to in point 4 (b) and the need to carry out measurements, and the action to be taken, as laid down in point 4 (c), in the event of a limit value being exceeded.' 3. Article 8 (1) is replaced by the following: ´1. The Council shall, in accordance with the procedure laid down in Article 118a of the Treaty, fix in the individual directives that it adopts with regard to the agents listed in Annex I a binding limit value or binding limit values and/or other specific requirements.' 4. The following paragraph is added to Article 8: ´4. Without prejudice to paragraph 1, for agents other than those listed in Annex I, indicative limit values shall be drawn up in accordance with the procedure laid down in Article 10. The Member States shall take account, inter alia, of those indicative limit values when establishing the limit values referred to in Article 4 (4) (b). Indicative limit values shall reflect expert evaluations based on scientific data.' 5. Article 9 (1) is replaced by the following: ´1. With a view to the adaptation to technical progress referred to in Article 8 (3) and to the establishment of indicative limit values as referred to in Article 8 (4), a committee is hereby established consisting of representatives of the Member States and chaired by a representative of the Commission.' 6. Annex II a, which appears in the Annex to this Directive, is inserted. Article 2 1. This Directive shall be without prejudice to the right of Member States to apply or adopt other laws, regulations and administrative provisions laying down more stringent standards. 2. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than two years after its notifiction (1). They shall forthwith inform the Commission thereof. 3. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive. Article 3 This Directive is addressed to the Member States.
[ "UKSI19881657" ]
31989L0240
1988
Commission Directive 89/240/EEC of 16 December 1988 adapting to technical progress Council Directive 86/663/EEC on the approximation of the laws of the Member States relating to self-propelled industrial trucks Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 86/663/EEC of 22 December 1986 on the approximation of the laws of the Member States relating to self-propelled industrial trucks (1), and in particular Article 10 thereof, Whereas Directive 86/663/EEC expressly authorizes the adoption of test examination methods for self-propelled industrial trucks according to the procedure for adaptation to technical progress set out in Article 22 of Council Directive 84/528/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to common provisions for lifting and mechanical handling appliances (2); Whereas the adoption of these test and examination methods is necessary to ensure the conformity of self-propelled industrial trucks with the technical requirements concerning them in Directive 86/663/EEC; Whereas the date of implementation of this Directive should be the same as that laid down by Directive 86/663/EEC with a view to achieving the desired objective; Whereas the provisions of this Directive are in accordance with the opinion of the committee for adaptation to technical progress of the directives aimed at the elimination of technical barriers in the mechanical lifting and handling appliances and equipment sector, Article 1 Stability, visibility and functional tests for self-propelled industrial trucks falling within the scope of Directive 86/663/EEC shall be carried out in accordance with the methods set out in the Annex. Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive so that those provisions enter into force on the same date at those taken to comply with Directive 86/663/EEC. They shall fortwith inform the Commission thereof. 2. Member States shall ensure that the texts of the provisions of national law which they adopt in the field governed by this Directive are communicated to the Commission. Article 3 This Directive is addressed to the Member States.
[ "UKSI19891035" ]
31988L0661
1988
Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the breeding and production of animals of the porcine species occupy a very important place in Community agriculture; whereas they may be a source of income for part of the agricultural population; Whereas production of animals of the porcine species should be encouraged; whereas satisfactory results in this field depend to a large extent on the use of pure-bred or hybrid breeding animals; Whereas most Member States have hitherto endeavoured, as part of their national breeding policies, to promote the production of livestock meeting specific zootechnical standards; whereas the existence of disparities in the implementation of these policies may hinder intra-Community trade; Whereas, if these disparities are to be removed, thereby increasing agricultural productivity in this sector, intra-Community trade in all breeding pigs must be progressively liberalized; whereas the total liberalization of trade presupposes subsequent further harmonization, in particular with regard to approval for breeding and criteria governing entry in herd-books or registers; Whereas it must be possible for Member States to require certificates drawn up in accordance with a Community procedure to be presented; Whereas implementing measures should be taken; whereas, for the application of such measures, a procedure should be laid down establishing close cooperation between Member States and the Commission within the Standing Committee on Zootechnics set up by the Council by Decision 77/505/EEC (4) Whereas, pending further Community decisions, Member States may continue to apply their national provisions in accordance with the general rules laid down in the Treaty; Whereas it must be ensured that breeding pigs cannot be imported from non-member countries subject to conditions which are more favourable than those applied within the Community; Whereas, bearing in mind the special conditions obtaining in Spain and Portugal, provision should be made for a further time limit for the implementation of this Directive, CHAPTER I Definitions Article 1 For the purposes of this Directive, the following definitions shall apply: (a) pure-bred breeding pig: any animal of the porcine species, the parents and grandparents of which are entered or registered in a herd-book of the same breed and which is itself entered or registered and eligible for entry in such a herd-book: (b) hybrid breeding pig: any animal of the porcine species which fulfils the following criteria: 1. it is produced by deliberate cross-breeding: - between pure-bred breeding pigs of different breeds or lines, - between animals which are themselves the outcome of a cross between different breeds or lines, - or between pure-bred animals and animals belonging to one or other of the above categories; 2. it must be entered in a register; (c) herd-book: any book, file or data medium: - which is maintained either by a breeders' association officially approved by the Member State in which that association is established or by an official service of the Member State in question, Member States may, however, also provide that it be maintained by a breeding organization officially approved by the Member State in which that organization is established, - in which pure-bred breeding pigs of a specified breed are entered or registered with mention of their ancestors; (d) register: any book, file or data medium: - which is maintained either by a breeders' association, a breeding organization or a private undertaking officially approved by the Member State in which that association, organization or undertaking is established, or by an official service of the Member State in question, - in which hybrid breeding pigs are entered with mention of their ancestors. CHAPTER II Rules governing intra-Community trade in pure-bred breeding pigs Article 2 1. Member States may not prohibit, restrict or impede on zootechnical grounds: - intra-Community trade in pure-bred breeding pigs or in their semen, ova and embryos, - the establishment of herd-books, provided that they meet the conditions laid down pursuant to Article 6, - the official approval of breeders' associations or breeding organizations as referred to in Article 1(c), which establish or maintain herd-books in accordance with Article 6. 2. However, Member States may continue to apply their national provisions which comply with the general rules of the Treaty pending the entry into force of therelevant Community decisions referred to in Articles 3, 5 and 6. Article 3 The Council, acting by a qualified majority on a proposal from the Commission, shall adopt by not later than 31 December 1990 Community provisions for the approval of pure-bred breeding pigs for breeding. Article 4 1. Breeders' associations and/or breeding organizations as referred to in Article 1 (c) which are officially approved by a Member State and/or the official service of a Member State may not oppose the entry in their herd-books of pure-bred breeding pigs from other Member States, provided that they satisfy the requirements laid down in accordance with Article 6. 2. However, Member States may require or allow certain pure-bred breeding pigs dispatched from another Member State and having specific characteristics distinguishing them from the population of the same breed in the Member State of destination to be entered in a separate section of the herd-book for the breed to which they belong. Article 5 Member States may require pure-bred breeding pigs and the semen, ova and embryos of such animals to be accompanied at the time of their marketing by certificates drawn up in accordance with Article 6. Article 6 I. The following shall be determined in accordance with the procedure laid down in Article 11: - methods for monitoring performance and assessing the genetic value of pure-bred breeding pigs, - the criteria governing the establishment of herd-books, - the criteria governing entry in herd-books, - the criteria for approval and supervision of breeders' associations and/or breeding organizations as referred to in Article 1(c) which establish or maintain herd-books, - the certificate mentioned in Article 5. 2. Pending entry into force of the provisions provided for in paragraph 1, the monitoring referred to in the first indent of paragraph 1 officially carried out in each Member State and the herd-books shall be recognized by the other Member States. CHAPTER III Rules governing intra-Community trade in hybrid breeding pigs Article 7 1. Member States may not prohibit, restrict or impede on zootechnical grounds: - intra-Community trade in hybrid breeding pigs or the semen, ova and embryos of such animals, - the establishment of registers, provided that they meet the conditions laid down pursuant to Article 10, - the official approval of breeders' associations and/or breeding organizations and/or private undertakings as referred to in Article I(d) which establish or maintain registers in accordance with Article 10. 2. However, Member States may continue to apply their national provisions which comply with the general rules of the Treaty pending the entry into force of the relevant Community decisions referred to in Articles 8, 9 and 10. Article 8 The Council acting by a qualified majority on a proposal from the Commission shall, not later than 31 December 1990, adopt Community provisions for the approvalof hybrid breeding pigs for breeding. Article 9 Member States may require hybrid breeding pigs and the semen, ova and embryos of such animals to be accompanied at the time of their marketing by certificates drawn up in accordance with Article 10. Article 10 1. The following shall be determined in accordance with the procedure laid down in Article 11: - methods for monitoring performance and assessing the genetic value of hybrid breeding pigs, - the criteria governing the establishment of registers, - the criteria governing entry in registers, - the criteria governing the approval and moniroring of breeders' associations and breeding organizations and/or private undertakings as referred to in Article 1(d), establishing or maintaining registers, - the certificate mentioned in Article 9. 2. Pending entry into force of the provisions provided for in paragraph I, the monitoring referred to in the first indent of paragraph 1 officially carried out in each Member State and the registers shall be recognized by the other Member States. CHAPTER IV General provisions Article 11 1. Where the procedure laid down in this Article is to be used, matters shall without delay be referred by the chairman, either on his own initiative or at the request of a Member State, to the Standing Committee on Zootechnics (hereinafter referred to as 'the committee') set up by Decision 77/505/EEC. 2. Within the Committee the votes of Member States shall be weighted as provided for in Article 148(2) of the Treaty. The chairman shall not vote. 3. The representative of the Commission shall submit a draft of the measures to be adopted. The committee shall deliver its opinion on such measures with in at ime limit set by the chairman according to the urgency of the matters concerned. Opinions shall be delivered by a majority of 54 votes. 4. The Commission shall adopt the measures and apply them immediately where they are in accordance with the opinion of the committee. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall adopt the measures by a qualified majority. If, within three months from the date on which the proposal was submitted to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately. Article 12 Pending the implementation of Community rules on the subject, the zootechnical conditions applicable to imports of pure-bred and hybrid breeding pigs from third countries must not be more favourable than those governing intra-Community trade. Article 13 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1991. They shall forthwith inform the Commission thereof. However the Kingdom of Spain and the Portuguese Republic shall dispose of a further period of two years within which to comply with this Directive, except in cases where the Council, acting by a qualified majority on a proposal from the Commission, decides to extend that derogation. Article 14 This Directive is addressed to the Member States.
[ "UKSI19922370" ]
31989L0023
1988
Commission Directive 89/23/EEC of 21 December 1988 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 88/616/EEC (2), and in particular Article 7 thereof, Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; whereas the Annexes were consolidated by Commission Directive 85/429/EEC (3); Whereas the coccidiostat 'Nifursol' as well as various additives belonging to the group of aromatic and appetizing substances comply in every respect with the principles ruling the admission of additives; whereas it is desirable therefore to authorize their use throughout the Community; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Feedingstuffs, Article 1 Annex I to Directive 70/524/EEC is hereby amended as set out in the Annex hereto. Article 2 Member States shall, by 30 November 1990 at the latest, bring into force the laws, regulations or administrative provisions necessary to comply with Article 1. They shall immediately inform the Commission thereof. Article 3 This Directive is addressed to the Member States.
[ "UKSI19911475" ]
31989L0108
1988
Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission, In cooperation with the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas the manufacture of and trade in quick-frozen foodstuffs intended for human consumption (hereinafter referred to as 'quick-frozen foodstuffs') are assuming increasing importance in the Community; Whereas the differences between national laws relating to quick-frozen foodstuffs hamper the free movement thereof; whereas they may create unequal conditions of competition and therefore have a direct effect on the establishment and functioning of the common market; Whereas it is therefore necessary to approximate these laws; Whereas to that end the Community rules must be given the widest possible scope, extending to all quick-frozen foodstuffs intended for human consumption and including not only products intended for supply without further processing to the ultimate consumer and to restaurants, hospitals, canteens and to other similar mass caterers, but; also products having to be further processed or prepared; Whereas, however, these rules need not apply to products not offered for sale as quick-frozen foodstuffs; Whereas it is in any case appropriate to lay down the general principles which any quick-frozen foodstuffs must satisfy; Whereas at a later stage special provisions over and above the general principles may, where necessary, be adopted for certain categories of quick-frozen foodstuffs,in accordance with the procedure applicable to each of these categories; Whereas the purpose of quick-freezing is to preserve the intrinsic characteristics of foodstuffs by a process of rapid freezing; whereas it is necessary to attain a temperature of -18 °C or lower at all points in the product; Whereas at -18 °C all microbiological activity likely to impair the quality of a foodstuff is suspended; whereas it is therefore necessary to maintain at least that temperature, subject to a certain technically inevitable tolerance, during the storage and distribution of quick-frozen foodstuffs before their sale to the ultimate consumer; Whereas for technical reasons certain temperature increases are inevitable and may therefore be tolerated provided they do not harm the quality of the products, which may be ensured by complying with good storage and distribution practice, taking account in particular of the proper level of stock rotation; Whereas the performance of certain technical equipment at present in use for the local distribution of quick-frozen foodstuffs is not capable of ensuring in every case full compliance with the temperature limits imposed in this Directive, and it is therefore necessary to provide for a transitional system allowing for existing material to be used for its normal lifetime; Whereas this Directive need merely state the objectives to be attained as regards both the equipment used for the quick-freezing process and the temperatures to be observed in the storage, handling, transport and distribution installations and equipment; Whereas it is incumbent upon Member States to ensure by means of official checks that the equipment used is capable of meeting these objectives; Whereas such checks render superfluous any system of official certification for trade purposes; Whereas it is desirable to provide for the possibility of using cryogenic fluids in direct contact with quick-frozen foodstuffs: whereas therefore these fluids must be sufficiently inert not to impart to the foodstuffs any constituents in quantities liable to constitute a hazard to human health, or to. give rise to an unacceptable change in the composition of foodstuffs, or to impair their organoleptic characteristics; Whereas in order to attain this objective it is necessary to adopt a list of these substances and to lay down criteria for their purity and conditions for their use; Whereas quick-frozen foodstuffs intended for the ultimate consumer and for restaurants, hospitals, canteens and other similar mass caterers are subject, as far as their labelling is concerned, to the rules laid down by Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (3), as last amended by Directive 86/197/EEC (4); whereas the present Directive need therefore merely lay down the particulars which are specific to quick-frozen foodstuffs; Whereas, to facilitate trade, rules should also be adopted for the labelling of quick-frozen foodstuffs not intended for supply in the frozen state to the ultimate consumer or to restaurants, hospitals, canteens and other similar mass caterers; Whereas, in order to simplify and speed up the procedure, the Commission should be assigned the task of adopting implementing measures of a technical nature; Whereas, in all cases in which the Council empowers the Commission to implement the rules laid down for foodstuffs, a procedure establishing close cooperation between the Member States and the Commission within the Standing Committee on Foodstuffs set up by Council Decision 69/414/EEC (5) should be laid down, Article 1 1. This Directive shall apply to quick-frozen foods intended for human consumption, hereinafter referred to as 'quick-frozen foodstuffs'. 2. For the purposes of this Directive 'quick-frozen foodstuffs' means foodstuffs - which have undergone a suitable freezing process known as 'quick-freezing' whereby the zone of maximum crystallization is crossed as rapidly as possible, depending on the type of product, and the resulting temperature of the product (after thermal stabilization) is continuously maintained at a level of -18 °C or lower at all points, and - which are marketed in such a way as to indicate that they possess this characteristic. For the purposes of this Directive, ice-cream and other edible ices shall not be regarded as quick-frozen foodstuffs. 3. This Directive shall apply without prejudice to Community provisions relating to: (a) the common organization of markets in the agricultural and fisheries sectors; (b) veterinary hygiene. Article 2 Only the products defined in Article 1 (2) may bear the names provided for in Articles 8 and 9. Article 3 1. Raw materials used in the manufacture of quick-frozen foodstuffs must be of sound, genuine and merchantable quality and be of the required degree of freshness 2. Preparation and quick-freezing of products must be carried out promptly, using appropriate technical equipment, in order to limit chemical, biochemical and microbiological changes to a minimum. Article 4 The cryogenic media authorized, to the exclusion of all others, for use in direct contact with quick-frozen foodstuffs shall be the following: - air, - nitrogen, - carbon dioxide. By way of derogation from the first paragraph, Member States may retain until 31 December 1992 national laws authorizing the use of dichlorodifluoromethane (R 12) as a cryogenic medium. The purity criteria to be satisfied by these cryogenic media shall be determined, as far as necessary, in accordance with the procedure laid down in Article 12. Article 5 1. The temperature of quick-frozen foodstuffs must be stable and maintained, at all points in the product, at -18 °C or lower, with possibly brief upward fluctuations of no more than 3 °C during transport. 2. However, tolerances in the temperature of the product in accordance with good storage and distribution practice shall be permitted during local distribution and in retail display cabinets subject to the following conditions: (a) these tolerances shall not exceed 3 °C; (b) they may, however reach 6 °C in retail display cabinets, if and to the extent that the Member States so decide. In that case, the Member States shall select the temperature in the light of stock or product rotation in the retail trade. They shall inform the Commission of the measures taken and of the grounds for those measures. The Commission shall review the tolerance provided for in the previous subparagraph in the light of technical developments and shall make proposals to the Council if appropriate before 1 January 1993. 3. For a period of eight years from the notification of this Directive, the Member States may, for local distribution, authorize tolerances of up to 6 °C. Article 6 1. The Member States shall: (a) ensure that the equipment used for quick-freezing, storage, transport, local distribution and retail display cabinets is such that compliance with the requirements of this Directive can be guaranteed: (b) conduct random official checks on the temperature of quick-frozen foodstuffs. 2. Member States shall not require that, as a preliminary to or during the marketing of quick-frozen foodstuffs, compliance with the provisions of paragraph 1 be attested by means of an official certificate. Article 7 Quick-frozen foodstuffs intended for supply to the ultimate consumer must be packed by the manufacturer or packer in suitable pre-packaging which protects them from microbial or other forms of external contamination and against drying. Article 8 1. Directive 79/112/EEC shall apply to products covered by this Directive and intended for supply without further processing to the ultimate consumer and to restaurants, hospitals, canteens and other similar mass caterers on the following conditions: (a) one or more of the following shall be added to the sales name: in Danish: 'dybfrossen', in German: 'tiefgefroren' or Tiefkuehlkost' or 'tiefgekuehlt' or 'gefrostet', in Spanish: 'ultracongelado' or 'congelado rapidamente', in Greek: "vaqeias kaapszxis tacheias zperkatepszgena", in English: 'quick-frozen', in French: 'surgélé', in Italian: 'surgelato', in Dutch: 'diepvries', in portuguese: 'ultracongelado'. (b) in addition to the date of minimum durability, the period during which quick-frozen products may be stored by the purchaser and the storage temperature and/or type of storage equipment required must be indicated: (c) the labelling of any quick-frozen foodstuff must include a reference from which the batch may be identified; (d) the label of any quick-frozen foodstuff must bear a clear message of the type 'do not refreeze after defrosting'. Article 9 1. The labelling of the products defined in Article 1 (2) which are not intended for sale to the ultimate consumer or to restaurants, hospitals, canteens and other similar mass caterers shall contain only the following mandatory particulars: (a) the sales name supplemented in accordance with Article 8 (1) (a) of this Directive; (b) the net quantity expressed in units of mass; (c) a reference enabling the batch to be identified; (d) the name or business name and address of the manufacturer or packer, or of a seller established within the Community. 2. lhe particulars provided for in paragraph 1 shall appear on the packaging, container or wrapping, or on a label attached thereto. 3. This Article shall not affect any Community metrological provisions which are more detailed or more comprehensive. Article 10 Member States may not, for reasons related to their manufacturing specifications, presentation or labelling, prohibit or restrict the marketing of any of the products defined in Article I (2) which comply with this Directive and, with measures taken for its application. Article 11 The sampling procedures for quick-frozen foodstuffs, the procedures for monitoring their temperature and for monitoring temperatures in the means of transport and warehousing and storage shall be determined in accordance with the procedure laid down in Article 12, before the end of a 24-month period following notification of this Directive. Article 12 1. Where the procedure provided for in this Article is invoked, the matter shall be referred to the Standing Committee on Foodstuffs, hereinafter referred to as the 'committee', by its chairman, acting 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 adopted. The committee shall deliver its opinion on the draft within a period to be determined by the chairman having regard to the urgency of the matter. It shall decide by a qualified majority, as laid down in Article 148 (2) of the Treaty. The chairman shall not vote. 3. (a) The Commission shall adopt the measures proposed where these are in conformity with the opinion of the committee; (b) where the measures proposed are not in conformity with the opinion of the committee or where no opinion is delivered, the Commission shall forthwith submit to the Council a proposal concerning the measures to be taken. The Council shall act by a qualified majority; (c) if, upon the expiry of a period of three months from the date on which the matter is brought before the Council, the latter has failed to take any measures, the Commission shall adopt the proposed measures Article 13 1. The Member States shall take the measures necessary to comply with this Directive. They shall forthwith inform the Commission thereof. The measures taken shall: - permit no later than 18 months after notification (6) of the Directive trade in products which comply with this Directive, - prohibit no later than 24 months after notification of the Directive trade in products which do not comply with this Directive 2. As regards retail display cabinets, for a period of eight years following notification of this Directive, Member States may retain the laws applying on the date when this Directive enters into force. In this case, the Member States shall inform the Commission, stating the reasons for their decision. Article 14 This Directive is addressed to the Member States.
[ "UKSI19902615" ]
31989L0173
1988
Council Directive 89/173/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to certain components and characteristics of wheeled agricultural or forestry tractors Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; Whereas the technical requirements which tractors must fulfil in pursuance of national laws concern, inter alia, their dimensions and masses, speed governors, the protection of their drive components, projections and wheels, brake control for towed vehicles, windscreens and other glazing, the mechanical coupling between tractor and towed vehicle and the location and method of affixing statutory plates and markings to the body of the tractor; Whereas those requirements differ from one Member State to another; whereas it is consequently necessary for the same OJ No C 326, 18. 12. 1988. requirements to be adopted by all of the Member States, either in addition or in place of the existing regulations, in order, in particular, to permit implementation, for each type of tractor, of the EEC type-approval procedure covered by Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors (4), as last amended by Directive 82/890/EEC (5); Whereas with regard, in particular, to the technical requirements relating to safety glass - windscreens and other glazing - it is appropriate to embrace with some amendments those adopted by the United Nations' Economic Commission for Europe in its Regulation No 43 (´Uniform provisions concerning the approval of safety glazing and glazing materials') forming an addendum to the agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and thus reciprocal recognition of approval for motor vehicle equipment and parts (6), Article 1 1. (Agricultural or forestry) tractor means any motor vehicle fitted with wheels or endless tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to, push, carry or Doc. " y x E/ECE/234 E/ECE/TRANS/505 aa a s REV 1/ADD 42/REV/1. power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers. 2. This Directive shall apply only to tractors defined in paragraph 1 which are fitted with pneumatic tyres and which have two axles and a maximum design speed of between 6 and 30 km/h. Article 2 1. No Member State may refuse EEC type-approval or national type-approval of a tractor or refuse its registration or prohibit the sale, entry into service or use of a tractor or grounds relating to: - dimensions and towable masses, - speed governors and protection of drive components, projections and wheels, - windscreens and other glazing, - mechanical couplings between tractor and towed vehicle, including the vertical load on the coupling point, - location and method of affixing statutory plates and inscriptions to the body of the tractor, - brake control for towed vehicles, where these comply with the requirements of the Annexes relating thereto and where the windscreens and other glass panes or the mechanical couplings bear an EEC component type-approval mark. 2. By way of derogation from the provisions of paragraph 1 relating to use of the tractor, Member States may, for reasons concerning towable mass(es), continue to apply their national provisions reflecting in particular the special requirements relating to the nature of the land relief on their territory, within the limits of the towable masses listed in section 2.2 of Annex I in so far as this does not involve alterations to the tractor or a further supplementary national type-approval. Article 3 1. Each Member State shall grant EEC component type- approval for any type of windscreen or other glass-pane and/or of mechanical coupling which satisfies the construction and testing requirements laid down in Annexes III and/or IV. 2. The Member State which has granted EEC component type-approval shall take the measures required in order to verify, in so far as is necessary and if need be in cooperation with the competent authorities in the other Member States, that production models conform to the approved type. Such verification shall be limited to spot checks. Article 4 Member States shall, for each type of windscreen or other glass pane or of mechanical coupling which they approve pursuant to Article 3, issue to the manufacturer of the tractor, windscreen or mechanical coupling or to his authorized representative, an EEC component type-approval mark conforming to the models shown in Annex III or IV. Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between the type of equipment which has been granted EEC component type-approval pursuant to Article 3 and equipment of other types. Article 5 1. No Member State may prohibit the placing on the market of windscreens and other glass panes or mechanical couplings on grounds relating to their construction if they bear the EEC component type-approval mark. 2. Nevertheless a Member State may prohibit the placing on the market of windscreens or mechanical couplings bearing the EEC component type-approval mark which do not conform to the approved type. That State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision. Article 6 The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States a copy of the component type-approval certificates, examples of which are given in Annex III or IV, completed for each type of windscreen or mechanical coupling which they approve or refuse to approve. Article 7 1. If the Member State which has granted EEC component type-approval finds that a number of windscreens or mechanical couplings bearing the same EEC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken, which may, if necessary, where there is serious and repeated failure to conform, extend to withdrawal of EEC component type-approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform. 2. The competent authorities of the Member States shall inform each other within one month of any withdrawal of EEC component type-approval and of the reasons for such a measure. Article 8 Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw EEC component type-approval for a windscreen or mechanical coupling or to prohibit their placing on the market or use, shall set out in detail the reasons on which it is based. Such decisions shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies. Article 9 Any amendments necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC. Article 10 1. Member States shall bring into force the provisions necessary in order to comply with this Directive by 31 December 1989. They shall forthwith inform the Commission thereof. 2. Member States shall notify to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. Article 11 This Directive is addressed to the Member States.
[ "UKSI19892275" ]
31989L0048
1988
Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57 (1) and 66 thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas, pursuant to Article 3 (c) of the Treaty the abolition, as between Member States, of obstacles to freedom of movement for persons and services constitutes one of the objectives of the Community; whereas, for nationals of the Member States, this means in particular the possibility of pursuing a profession, whether in a self-employed or employed capacity, in a Member State other than that in which they acquired their professional qualifications; Whereas the provisions so far adopted by the Council, and pursuant to which Member States recognize mutually and for professional purposes higher-education diplomas issued within their territory, concern only a few professions; whereas the level and duration of the education and training governing access to those professions have been regulated in a similar fashion in all the Member States or have been the subject of the minimal harmonization needed to establish sectoral systems for the mutual recognition of diplomas; Whereas, in order to provide a rapid response to the expectations of nationals of Community countries who hold higher-education diplomas awarded on completion of professional education and training issued in a Member State other than that in which they wish to pursue their profession, another method of recognition of such diplomas should also be put in place such as to enable those concerned to pursue all those professional activities which in a host Member State are dependent on the completion of post-secondary education and training, provided they hold such a diploma preparing them for those activities awarded on completion of a course of studies lasting at least three years and issued in another Member State; Whereas this objective can be achieved by the introduction of a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration; Whereas, for those professions for the pursuit of which the Community has not laid down the necessary minimum level of qualification, Member States reserve the option of fixing such a level with a view to guaranteeing the quality of services provided in their territory; whereas, however, they may not, without infringing their obligations laid down in Article 5 of the Treaty, require a national of a Member State to obtain those qualifications which in general they determine only by reference to diplomas issued under their own national education systems, where the person concerned has already acquired all or part of those qualifications in another Member State; whereas, as a result, any host Member State in which a profession is regulated is required to take account of qualifications acquired in another Member State and to determine whether those qualifications correspond to the qualifications which the Member State concerned requires; Whereas collaboration between the Member States is appropriate in order to facilitate their compliance with those obligations; whereas, therefore, the means of organizing such collaboration should be established; Whereas the term 'regulated professional activity' should be defined so as to take account of differing national sociological situations; whereas the term should cover not only professional activities access to which is subject, in a Member State, to the possession of a diploma, but also professional activities, access to which is unrestricted when they are practised under a professional title reserved for the holders of certain qualifications; whereas the professional associations and organizations which confer such titles on their members and are recognized by the public authorities cannot invoke their private status to avoid application of the system provided for by this Directive; Whereas it is also necessary to determine the characterstics of the professional experience or adaptation period which the host Member State may require of the person concerned in addition to the higher-education diploma, where the person's qualifications do not correspond to those laid down by national provisions; Whereas an aptitude test may also be introduced in place of the adaptation period; whereas the effect of both will be to improve the existing situation with regard to the mutual recognition of diplomas between Member States and therefore to facilitate the free movement of persons within the Community; whereas their function is to assess the ability of the migrant, who is a person who has already received his professional training in another Member State, to adapt to this new professional environment; whereas, from the migrant's point of view, an aptitude test will have the advantage of reducing the length of the practice period; whereas, in principle, the choice between the adaptation period and the aptitude test should be made by the migrant; whereas, however, the nature of certain professions is such that Member States must be allowed to prescribe, under certain conditions, either the adaptation period or the test; whereas, in particular, the differences between the legal systems of the Member States, whilst they may vary in extent from one Member State to another, warrant special provisions since, as a rule, the education or training attested by the diploma, certificate or other evidence of formal qualifications in a field of law in the Member State of origin does not cover the legal knowledge required in the host Member State with respect to the corresponding legal field; Whereas, moreover, the general system for the recognition of higher-education diplomas is intended neither to amend the rules, including those relating to professional ethics, applicable to any person pursuing a profession in the territory of a Member State nor to exclude migrants from the application of those rules; whereas that system is confined to laying down appropriate arrangements to ensure that migrants comply with the professional rules of the host Member State; Whereas Articles 49, 57 (1) and 66 of the Treaty empower the Community to adopt provisions necessary for the introduction and operation of such a system; Whereas the general system for the recognition of higher-education diplomas is entirely without prejudice to the application of Article 48 (4) and Article 55 of the Treaty; Whereas such a system, by strengthening the right of a Community national to use his professional skills in any Member State, supplements and reinforces his right to acquire such skills wherever he wishes; Whereas this system should be evaluated, after being in force for a certain time, to determine how efficiently it operates and in particular how it can be improved or its field of application extended, Article 1 For the purposes of this Directive the following definitions shall apply: (a) diploma: any diploma, certificate or other evidence of formal qualifications or any set of such diplomas, certificates or other evidence: - which has been awarded by a competent authority in a Member State, designated in accordance with its own laws, regulations or administrative provisions; - which shows that the holder has successfully completed a post-secondary course of at least three years' duration, or of an equivalent duration part-time, at a university or establishment of higher education or another establishment of similar level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course, and - which shows that the holder has the professional qualifications required for the taking up or pursuit of a regulated profession in that Member State, provided that the education and training attested by the diploma, certificate or other evidence of formal qualifications were received mainly in the Community, or the holder thereof has three years' professional experience certified by the Member State which recognized a third-country diploma, certificate or other evidence of formal qualifications. The following shall be treated in the same way as a diploma, within the meaning of the first subparagraph: any diploma, certificate or other evidence of formal qualifications or any set of such diplomas, certificates or other evidence awarded by a competent authority in a Member State if it is awarded on the successful completion of education and training received in the Community and recognized by a competent authority in that Member State as being of an equivalent level and if it confers the same rights in respect of the taking up and pursuit of a regulated profession in that Member State; (b) host Member State: any Member State in which a national of a Member State applies to pursue a profession subject to regulation in that Member State, other than the State in which he obtained his diploma or first pursued the profession in question; (c) a regulated profession: the regulated professional activity or range of activities which constitute this profession in a Member State; (d) regulated professional activity: a professional activity, in so far as the taking up or pursuit of such activity or one of its modes of pursuit in a Member State is subject, directly or indirectly by virtue of laws, regulations or administrative provisions, to the possession of a diploma. The following in particular shall constitute a mode of pursuit of a regulated professional activity: - pursuit of an activity under a professional title, in so far as the use of such a title is reserved to the holders of a diploma governed by laws, regulations or administrative provisions, - pursuit of a professional activity relating to health, in so far as remuneration and/or reimbursement for such an activity is subject by virtue of national social security arrangements to the possession of a diploma. Where the first subparagraph does not apply, a professional activity shall be deemed to be a regulated professional activity if it is pursued by the members of an association or organization the purpose of which is, in particular, to promote and maintain a high standard in the professional field concerned and which, to achieve that purpose, is recognized in a special form by a Member State and: - awards a diploma to its members, - ensures that its members respect the rules of professional conduct which it prescribes, and - confers on them the right to use a title or designatory letters, or to benefit from a status corresponding to that diploma. A non-exhaustive list of associations or organizations which, when this Directive is adopted, satisfy the conditions of the second subparagraph is contained in the Annex. Whenever a Member State grants the recognition referred to in the second subparagraph to an association or organization, it shall inform the Commission thereof, which shall publish this information in the Official Journal of the European Communities. (e) professional experience: the actual and lawful pursuit of the profession concerned in a Member State; (f) adaptation period: the pursuit of a regulated profession in the host Member State under the responsibility of a qualified member of that profession, such period of supervised practice possibly being accompanied by further training. This period of supervised practice shall be the subject of an assessment. The detailed rules governing the adaptation period and its assessment as well as the status of a migrant person under supervision shall be laid down by the competent authority in the host Member States; (g) aptitude test: a test limited to the professional knowledge of the applicant, made by the competent authorities of the host Member State with the aim of assessing the ability of the applicant to pursue a regulated profession in that Member State. In order to permit this test to be carried out, the competent authorities shall draw up a list of subjects which, on the basis of a comparison of the education and training required in the Member State and that received by the applicant, are not covered by the diploma or other evidence of formal qualifications possessed by the applicant. The aptitude test must take account of the fact that the applicant is a qualified professional in the Member State of origin or the Member State from which he comes. It shall cover subjects to be selected from those on the list, knowledge of which is essential in order to be able to exercise the profession in the host Member State. The test may also include knowledge of the professional rules applicable to the activities in question in the host Member State. The detailed application of the aptitude test shall be determined by the competent authorities of that State with due regard to the rules of Community law. The status, in the host Member State, of the applicant who wishes to prepare himself for the aptitude test in that State shall be determined by the competent authorities in that State. Article 2 This Directive shall apply to any national of a Member State wishing to pursue a regulated profession in a host Member State in a self-employed capacity or as an employed person. This Directive shall not apply to professions which are the subject of a separate Directive establishing arrangements for the mutual recognition of diplomas by Member States. (1) OJ No C 217, 28. 8. 1985, p. 3, and OJ No C 143, 10. 6. 1986, p. 7. (2) OJ No C 345, 31. 12. 1985, p. 80, and OJ No C 309, 5. 12. 1988. (3) OJ No C 75, 3. 4. 1986, p. 5. Article 3 Where, in a host Member State, the taking up or pursuit of a regulated profession is subject to possession of a diploma, the competent authority may not, on the grounds of inadequate qualifications, refuse to authorize a national of a Member State to take up or pursue that profession on the same conditions as apply to its own nationals: (a) if the applicant holds the diploma required in another Member State for the taking up or pursuit of the profession in question in its territory, such diploma having been awarded in a Member State; or (b) if the applicant has pursued the profession in question full-time for two years during the previous ten years in another Member State which does not regulate that profession, within the meaning of Article 1 (c) and the first subparagraph of Article 1 (d), and possesses evidence of one or more formal qualifications: - which have been awarded by a competent authority in a Member State, designated in accordance with the laws, regulations or administrative provisions of such State, - which show that the holder has successfully completed a post-secondary course of at least three years' duration, or of an equivalent duration part-time, at a university or establishment of higher education or another establishment of similar level of a Member State and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course and - which have prepared the holder for the pursuit of his profession. The following shall be trated in the same way as the evidence of formal qualifications referred to in the first subparagraph: any formal qualifications or any set of such formal qualifications awarded by a competent authority in a Member State if it is awarded on the successful completion of training received in the Community and is recognized by that Member State as being of an equivalent level, provided that the other Member States and the Commission have been notified of this recognition. Article 4 1. Notwithstanding Article 3, the host Member State may also require the applicant: (a) to provide evidence of professional experience, where the duration of the education and training adduced in support of his application, as laid down in Article 3 (a) and (b), is at least one year less than that required in the host Member State. In this event, the period of professional experience required: - may not exceed twice the shortfall in duration of education and training where the shortfall relates to post-secondary studies and/or to a period of probationary practice carried out under the control of a supervising professional person and ending with an examination, - may not exceed the shortfall where the shortfall relates to professional practice acquired with the assistance of a qualified member of the profession. In the case of diplomas within the meaning of the last subparagraph of Article 1 (a), the duration of education and training recognized as being of an equivalent level shall be determined as for the education and training defined in the first subparagraph of Article 1 (a). When applying these provisions, account must be taken of the professional experience referred to in Article 3 (b). At all events, the professional experience required may not exceed four years; (b) to complete an adaptation period not exceeding three years or take an aptitude test: - where the matters covered by the education and training he has received as laid down in Article 3 (a) and (b), differ substantially from those covered by the diploma required in the host Member State, or - where, in the case referred to in Article 3 (a), the profession regulated in the host Member State comprises one or more regulated professional activities which are not in the profession regulated in the Member State from which the applicant originates or comes and that difference corresponds to specific education and training required in the host Member State and covers matters which differ substantially from those covered by the diploma adduced by the applicant, or - where, in the case referred to in Article 3 (b), the profession regulated in the host Member State comprises one or more regulated professional activities which are not in the profession pursued by the applicant in the Member State from which he originates or comes, and that difference corresponds to specific education and training required in the host Member State and covers matters which differ substantially from those covered by the evidence of formal qualifications adduced by the applicant. Should the host Member State make use of this possibility, it must give the applicant the right to choose between an adaptation period and an aptitude test. By way of derogation from this principle, for professions whose practice requires precise knowledge of national law and in respect of which the provision of advice and/or assistance concerning national law is an essential and constant aspect of the professional activity, the host Member State may stipulate either an adaptation period or an aptitude test. Where the host Member State intends to introduce derogations for other professions as regards an applicant's right to choose, the procedure laid down in Article 10 shall apply. 2. However, the host Member State may not apply the provisions of paragraph 1 (a) and (b) cumulatively. Article 5 Without prejudice to Articles 3 and 4, a host Member State may allow the applicant, with a view to improving his possibilities of adapting to the professional environment in that State, to undergo there, on the basis of equivalence, that part of his professional education and training represented by professional practice, acquired with the assistance of a qualified member of the profession, which he has not undergone in his Member State of origin or the Member State from which he has come. Article 6 1. Where the competent authority of a host Member State requires of persons wishing to take up a regulated profession proof that they are of good character or repute or that they have not been declared bankrupt, or suspends or prohibits the pursuit of that profession in the event of serious professional misconduct or a criminal offence, that State shall accept as sufficient evidence, in respect of nationals of Member States wishing to pursue that profession in its territory, the production of documents issued by competent authorities in the Member State of origin or the Member State from which the foreign national comes showing that those requirements are met. Where the competent authorities of the Member State of origin or of the Member State from which the foreign national comes do not issue the documents referred to in the first subparagraph, such documents shall be replaced by a declaration on oath - or, in States where there is no provision for declaration on oath, by a solemn declaration - made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary or qualified professional body of the Member State of origin or the Member State from which the person comes; such authority or notary shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration. 2. Where the competent authority of a host Member State requires of nationals of that Member State wishing to take up or pursue a regulated profession a certificate of physical or mental health, that authority shall accept as sufficient evidence in this respect the production of the document required in the Member State of origin or the Member State from which the foreign national comes. Where the Member State of origin or the Member State from which the foreign national comes does not impose any requirements of this nature on those wishing to take up or pursue the profession in question, the host Member State shall accept from such nationals a certificate issued by a competent authority in that State corresponding to the certificates issued in the host Member State. 3. The competent authorities of host Member States may require that the documents and certificates referred to in paragraphs 1 and 2 are presented no more than three months after their date of issue. 4. Where the competent authority of a host Member State requires nationals of that Member State wishing to take up or pursue a regulated profession to take an oath or make a solemn declaration and where the form of such oath or declaration cannot be used by nationals of other Member States, that authority shall ensure that an appropriate and equivalent form of oath or declaration is offered to the person concerned. Article 7 1. The competent authorities of host Member States shall recognize the right of nationals of Member States who fulfil the conditions for the taking up and pursuit of a regulated profession in their territory to use the professional title of the host Member State corresponding to that profession. 2. The competent authorities of host Member States shall recognize the right of nationals of Member States who fulfil the conditions for the taking up and pursuit of a regulated profession in their territory to use their lawful academic title and, where appropriate, the abbreviation thereof deriving from their Member State of origin or the Member State from which they come, in the language of that State. Host Member State may require this title to be followed by the name and location of the establishment or examining board which awarded it. 3. Where a profession is regulated in the host Member State by an association or organization referred to in Article 1 (d), nationals of Member States shall only be entitled to use the professional title or designatory letters conferred by that organization or association on proof of membership. Where the association or organization makes membership subject to certain qualification requirements, it may apply these to nationals of other Member States who are in possession of a diploma within the meaning of Article 1 (a) or a formal qualification within the meaning of Article 3 (b) only in accordance with this Directive, in particular Articles 3 and 4. Article 8 1. The host Member State shall accept as proof that the conditions laid down in Articles 3 and 4 are satisfied the certificates and documents issued by the competent authorities in the Member States, which the person concerned shall submit in support of his application to pursue the profession concerned. 2. The procedure for examining an application to pursue a regulated profession shall be completed as soon as possible and the outcome communicated in a reasoned decision of the competent authority in the host Member State not later than four months after presentation of all the documents relating to the person concerned. A remedy shall be available against this decision, or the absence thereof, before a court or tribunal in accordance with the provisions of national law. Article 9 1. Member States shall designate, within the period provided for in Article 12, the competent authorities empowered to receive the applications and take the decisions referred to in this Directive. They shall communicate this information to the other Member States and to the Commission. 2. Each Member State shall designate a person responsible for coordinating the activities of the authorities referred to in paragraph 1 and shall inform the other Member States and the Commission to that effect. His role shall be to promote uniform application of this Directive to all the professions concerned. A coordinating group shall be set up under the aegis of the Commission, composed of the coordinators appointed by each Member State or their deputies and chaired by a representative of the Commission. The task of this group shall be: - to facilitate the implementation of this Directive, - to collect all useful information for its application in the Member States. The group may be consulted by the Commission on any changes to the existing system that may contemplated. 3. Member States shall take measures to provide the necessary information on the recognition of diplomas within the framework of this Directive. They may be assisted in this task by the information centre on the academic recognition of diplomas and periods of study established by the Member States within the framework of the Resolution of the Council and the Ministers of Education meeting within the Council of 9 February 1976 (1), and, where appropriate, the relevant professional associations or organizations. The Commission shall take the necessary initiatives to ensure the development and coordination of the communication of the necessary information. Article 10 1. If, pursuant to the third sentence of the second subparagraph of Article 4 (1) (b), a Member State proposes not to grant applicants the right to choose between an adaptation period and an aptitude test in respect of a profession within the meaning of this Directive, it shall immediately communicate to the Commission the corresponding draft provision. It shall at the same time notify the Commission of the grounds which make the enactment of such a provision necessary. The Commission shall immediately notify the other Member States of any draft it has received; it may also consult the coordinating group referred to in Article 9 (2) of the draft. 2. Without prejudice to the possibility for the Commission and the other Member States of making comments on the draft, the Member State may adopt the provision only if the Commission has not taken a decision to the contrary within three months. 3. At the request of a Member State or the Commission, Member States shall communicate to them, without delay, the definitive text of a provision arising from the application of this Article. Article 11 Following the expiry of the period provided for in Article 12, Member States shall communicate to the Commission, every two years, a report on the application of the system introduced. In addition to general remarks, this report shall contain a statistical summary of the decisions taken and a description of the main problems arising from application of the Directive. Article 12 Member States shall take the measures neccessary to comply with this Directive within two years of its notification (2). They shall forthwith inform the Commission thereof. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. Article 13 Five years at the latest following the date specified in Article 12, the Commission shall report to the European Parliament and the Council on the state of application of the general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration. After conducting all necessary consultations, the Commission shall, on this occasion, present its conclusions as to any changes that need to be made to the system as it stands. At the same time the Commission shall, where appropriate, submit proposals for improvements in the present system in the interest of further facilitating the freedom of movement, right of establishment and freedom to provide services of the persons covered by this Directive. Article 14 This Directive is addressed to the Member States.
[ "UKSI20050018", "UKSI19910824" ]
31989L0109
1988
Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs Having regard to the Treaty establishing the European Economic Community, and in particular Article l00a thereof, Having regard to the Proposal from the Commission, In cooperation with the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas Council Directive 76/893/EEC of 23 November 1976 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs (3), as last amended by the act of Accession of Spain and Portugal (4), has been substantially amended on a number of occasions; whereas on making the new amendments to the said Directive, the opportunity should be taken to consolidate the provisions of the existing relevant texts with a view to ensuring legal clarity; Whereas Directive 76/893/EEC was adopted on the grounds that the differences that existed at that time between the national laws relating to the aforesaid materials and articles impeded the free movement thereof, could create unequal conditions of competition and could thereby directly affect the establishment or functioning of the common market; Whereas those laws had to be approximated if free movement was to be achieved for the aforesaid materials and articles, taking account primarily of human health requirements but also, within the limits required for the protection of health, of economic and technological needs; Whereas the chosen method was to lay down, in the first place, in a framework directive, general principles on the basis of which legal differences between certain groups of materials and articles had been and could subsequently be eliminated by means of specific directives; whereas this method has proved itself and should therefore be retained; Whereas covering or coating substances, all or part of which form part of foodstuffs, could not be considered to be simply in contact with these foodstuffs: whereas, in that case, account had to be taken of possible direct consumption by consumers; whereas the rules laid down in this Directive are therefore inappropriate in such circumstances; Whereas the principle underlying this Directive should be that any material or article intended to come into contact or which is intentionally in contact either directly or indirectly with foodstuffs, must be sufficiently stable not to transfer substances to the foodstuffs in quantities which could endanger human health or bring about an unacceptable change in the composition of the foodstuffs or a deterioration in the organoleptic properties thereof; Whereas, in order to achieve this objective, it may prove necessary to lay down various types of limitations, alone or in combination; whereas it is appropriate to retain in specific directives those limitations which are most appropriate to the desired objective, having regard to the technological characteristics peculiar to each group of materials and articles; Whereas, in order to allow the informed use of the materials and articles, appropriate labelling should be provided for; whereas the methods used for such labelling may vary according to the user; Whereas this Directive does not apply to the labelling of products which, by reason of their behaviour in the presence of foodstuffs, must not be designed to come into contact or be in contact with them; Whereas the drafting of specific directives implementing the basic principles and of amendments thereto constitute technical implementing measures; whereas, in order to simplify and expedite the procedure, the adoption of these measures should be entrusted to the Commission; Whereas the Scientific Committee for Food, set up by Commission Decision 74/234/EEC (5), should be asked for its opinion before provisions liable to affect public health are adopted under specific directives; Whereas it is desirable that in all cases where the Council empowers the Commission to implement rules relating to foodstuffs, provision should be made for a procedure establishing close cooperation between the Member States and the Commission within the Standing Committee on Foodstuffs set up by Council Decision 69/414/EEC (1) Article 1 1. This Directive shall apply to materials and articles which, in their finished state, are intended to be brought into contact with foodstuffs or which are brought into contact with foodstuffs and are intended for that purpose, hereinafter referred ro as 'materials and articles'. Covering or coating substances, such as the substances convering cheese rinds, prepared meat products or fruit, which form part of foodstuffs and may be consumed together with those foodstuffs, shall not be subject to this Directive 2. This Directive shall apply to materials and articles which are in contact with water which is intended for human consumption. It shall not, however, apply to fixed public or private water supply equipment. 3. This Directive shall not apply to antiques. Article 2 Materials and articles must be manufactured in compliance with good manufacturing practice so that, under their normal or foreseeable conditions of use, they do not transfer their constituents to foodstuffs in quantities which could: - endanger human health, - bring about an unacceptable change in the composition of the foodstuffs or a deterioration in the organoleptic characteristics thereof. Article 3 1. The groups of materials and articles listed in Amex I and, where appropriate, combinations of these materials and articles shall be subject to specific directives. 2. The specific directives, including amendments to existing specific directives, shall be adopted in accordance with the procedure laid down in Article 8. 3. The specific directives may include: (a) a list of the substances the use of which is authorized to the exclusion of all others (positive list); (b) purity standards for such substances; (c) special conditions of use for these substances and/or the materials and articles in which they are used; (d) specific limits on the migration of certain constituents or groups of constituents into or onto foodstuffs: (e) an overall limit on the migration of constituents into or outo foodstuffs; (f) if necessary, provisions aimed at protecting human health against any hazards which might arise through oral contact with materials and articles; (g) other rules to ensure compliance with Article 2; (h) the basic rules necessary for checking compliance with the provisions of points (d), (e), (f) and (g); (i) detailed rles concerning sample taking and the methods of analysis required to check compliance with the provisions of points (a) to (g). provisions liable to affect public health shall be adopted after consulting the Scientific Committee for Food. They must fulfill the criteria set out in Annex II. Article 4 1. Notwithstanding Article 3, a Member State may, where a list of substances has been drawn up in accordance with paragraph 3 (a) of that Article, authorize the use within its territory of a substance not included in the list, subject to compliance with the following conditions: (a) the authorization must be limited to a maximum period of two years; (b) the Member State must carry out an official check on materials and articles manufactured from a substance of which it has authorized the use; (c) materials and articles thus manufactured must bear a distinctive indication which will be defined in the authorization. 2. The Member State shall forward to the other Member States and to the Commission the text of any authorization drawn up pursuant to paragraph 1 within two months of the date of its taking effect. 3. Before the expiry of the two-year period provided for in paragraph 1 (a), the Member State may submit to the Commission a request for the inclusion in the list referred to. in Article 3 (3) (a) of the substance given national authorization in accordance with paragraph 1 of this Article. At the same time, it shall supply supporting documents setting out the grounds on which it deems such inclusion justified and shall indicate the uses for which this substance is ineended Within 18 months of the submission of the request, a decision shall be taken on the basis of information relating to public health, after consulting the Scientific Committee for Food and in accordance with the procedure laid down in Article 9 as to whether the substance in question may be included in the list referred to in Article 3 (a) or whether the national authorization should be revoked. If provisions prove necessary pursuant to Article 3 (3) (b), (c) and (d), these shall be adopted in accordance with the same procedure. Notwithstanding paragraph 1 (a) of this Article, the national authorization shall remain in force until a decision is taken on the request for inclusion in the list. Should it be decided pursuant to the preceding subparagraph that the national authorization should be revoked, this decision shall apply to any other national authorization in respect of the substance in question. The decision may stipulate that the ban on the use of this substance shall extend to uses other than those referred to in the request for inclusion in the list. Article 5 1. Where a Member State, as a result of new information or of a reassessment of existing information made since one of the specific directives was adopted, has detailed grounds for establishing that the use of a material or article endangers human health although it complies with the relevant specific directive, that Member State may temporarily suspend or restrict application of the provisions in question within its territory. It shall immediately inform the other Member States and the Commission thereof and give reasons for its decision 2. The Commission shall examine as soon as possible within the Standing Committee on Foodstuffs the grounds adduced by the Member State referred to in Paragraph 1 and shall deliver its opinion without delay and take the appropriate measures. 3. If the Commission considers that amendments to the specific directives in question are necessary in order to remedy the difficulties mentioned in paragraph 1 and to ensure the protection of human health, it shall initiate the procedure laid down in Article 9 with a view to adopting those amendments; the Member State which has adopted safeguard measures may in that event retain them until the amendments have been adopted. Article 6 1. Without prejudice to any exceptions provided for in the specific directives, materials and articles not already in contact with foodstuffs must, when placed on the market, be accompanied by: (a) - the words 'for food use', - or a specific indication as to their use, such as coffee-machine, wine bottle, soup spoon, - or a symbol determined in accordance with the procedure laid down in Article 9; (b) where appropriate, any special conditions to be observed when they are being used: (c) - either the name or trade name and the address or registered office, - or the registered trade mark, of the manufacturer or processor, or of a seller established within the Community. 2. The particulars listed in paragraph 1 must be conspicuous, clearly legible and indelible: (a) at the retail stage: - on the materials and articles or on the packaging, - or on labels affixed to the materials and articles or to their packaging, - or on a notice in the immediate vicinity of the materials and articles and clearly visible to purchasers; in the case mentioned in paragraph 1 (e), however, the latter option shall only be open if these particulars or a label bearing them cannot, for technical reasons, be affixed to the said materials and articles at either the manufacturing or the marketing stage; (b) at the marketing stages other than the retail stage: - on the accompanying documents, - on the labels or packaging, - or on the materials and articles themselves. 3. However, the particulars provided for in paragraph 1 shall not be compulsory for materials and articles which by their nature are clearly intended to come into contact with foodstuffs. 4. The particulars provided for in paragraph 1 (a) and (b) shall be confined to materials and articles which comply: (a) with the criteria laid down in Article 2; (b) with the specific directives, in the absence of such directives, with any national provisions. 5. The specific directives shall require that such materials and articles be accompanied by a written declaration attesting that they comply with the rules applicable to them. In the absence of specific directives, Member States may retain existing provisions or adopt provisions to this effect. 6. Member States shall ensure that retail trade in materials and articles is prohibited if the particulars required under paragraph 1 (a) and (b) are not given in a language easily understood by purchasers, unless the purchaser is informed by other means. This provision shall not preclude such particulars appearing in several languages. Article 7 1. Member States shall not, for reasons relating to composition, behaviour in the presence of foodstuffs or labelling, prohibit or restrict either trade in or the use of materials and articles complying with this Directive or with the specific directives. 2. Paragraph 1 shall not affect national provisions which are applicable in the absence of the specific directives. Article 8 Amendments made to existing specific directives in order to bring them into line with this Directive shall be adopted in accordance with the procedure laid down in Article 9. Article 9 1. Where the procedure laid down in this Article is to be followed, the chairman shall refer the matter to the Standing Committee on Foodstuffs 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 measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the qualified majority laid down in Article 148 (2) of the Treaty. The chairman shall not vote. 3. (a) The Commission shall adopt the intended measures when they are in accordance with the committee's opinion; (b) where the intended measures are not in accordance with the opinion of the committee, or in the absence of any opinion, the Commission shall forthwith submit to the Council a proposal relating to the measures to be taken. The Council shall act on a qualified majority. If, on the expiry of three months from the date on which the matter was referred to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately. Article 10 1. Directive 76/893/EEC is hereby repealed 2. References to the Directive repealed under paragraph 1 shall be construed as references to this Directive. References to the Articles of the repealed Directive should be read in accordance with the correlation table appearing in Annex III. Article 11 1. Member States shall take all measures necessary to comply with this Directive. They shall forthwith inform the Commission thereof. He measures taken shall: - permit, not later than 18 months after notification (1), trade in and use of materials and articles complying with this Directive, without prejudice to the application of national provisions which, in the absence of specific directives, apply to certain groups of materials and articles; - prohibit not later than 36 months after notification trade in and use of materials and articles which do not comply with this Directive. 2. Paragraph 1 shall not affect those national provisions which, in the absence of the specific directives, apply to certain groups of materials and articles intended to come into contact with foodstuffs. Article 12 This Directive shall not apply to materials and articles intended for export outside the Community. Article 13 This Directive is addressed to the Member States.
[ "UKPGA19900016", "UKSI19911476", "UKSI19871523" ]
31988L0667
1988
Council Directive 88/667/EEC of 21 December 1988 amending for the fourth time Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the successive amendments made to the Annexes to Directive 76/768/EEC (4), as last amended by Directive 88/233/EEC (5), require the provisions of the Directive to be adapted; Whereas experience gained since the adoption of Directive 76/768/EEC has shown that the provisions on labelling should be improved and that the period laid down in Article 12 (2) is inadequate, Article 1 Directive 76/768/EEC is hereby amended as follows: 1. In Article 1, paragraph 3 is replaced by: ´3. Cosmetic products containing one of the substances listed in Annex V shall be excluded from the scope of this Directive. Member States may take such measures as they deem necessary with regard to those products.' 2. In Article 4, (c) and (d) are replaced by the following: ´(c) colouring agents other than those listed in Annex IV, Part 1, with the exception of cosmetic products containing colouring agents intended solely to colour hair; (d) colouring agents listed in Annex IV, Part 1, used outside the conditions laid down, with the exception of cosmetic products containing colouring agents intended solely to colour hair.' 3. Article 5 is replaced by the following: Article 5Member States shall allow the marketing of cosmetic products containing: (a) the substances listed in Annex III, Part 2, within the limits and under the conditions laid down, up to the dates in column (g) of that Annex; (b) the colouring agents listed in Annex IV, Part 2, within the limits and under the conditions laid down, until the admission dates given in that Annex; (c) the preservatives listed in Annex VI, Part 2, within the limits and under the condition laid down, until the dates given in column (f) of that Annex. However, some of these substances may be used in other concentrations for specific purposes apparent from the presentation of the product; (d) the UV filters listed in Part 2 of Annex VII, within the limits and under the conditions laid down, until the dates given in column (f) of that Annex. At these dates, these substances, colouring agents, preservatives and UV filters shall be: - definitively allowed, or - definitively prohibited (Annex II), or - maintained for a given period specified in Part 2 of Annexes III, IV, VI an- deleted from all the Annexes, on the basis of available scientific information or because they are no longer used.' 4. Article 6 is replaced by the following ´Article 6 1. Member States shall take all measures necessary to ensure that cosmetic products may be marketed only if the container and packaging bear the following informarion in indelible, easily legible and visible lettering: (a) the name or style and the address or registered office of the manufacturer or the person responsible for marketing the cosmetic product who is established within the Community. Such information may be abbreviated in so far as the abbreviation makes it generally possible to identify the undertaking. Member States may require that the country of origin be specified for goods manufactured outside the Community; b) the nominal content at the time of packaging, given by weight or by volume, except in the case of packaging containing less than five grams or five millilitres, free samples and single-application packs; for pre-packages normally sold as a number of items, for which details of weight or volume are not significant, the content need not be given provided the number of items appears on the packaging. This information need not be given if the number of items is easy to see from the outside or if the product is normally only sold individually; c) the date of minimum durability. The date of minimum durability of a cosmetic product shall be the date until which this product, stored under appropriate conditions, continues to fulfil its initial function and, in particular, remains in conformity with Article 2. The date of minimum durability shall be indicated by the words: "Best used before the end of...'' followed by either: - the date itself, or - details of where the date appears on the packaging. If necessary, this information shall be supplemented by an indication of the conditions which must be satisfied to guarantee the stated durability. The date shall be clearly expressed and shall consist of the month and the year in that order. Indication of the date of durability shall not be mandatory for cosmetic products the minimum durability of which exceeds 30 months; (d) particular precautions to be observed in use, and especially those listed in the column "Conditions of use and warnings which must be printed on the label'' in Annexes III, IV, VI and VII, which must appear on the container and packaging as well as any special precautionary information on cosmetic products for professional use, in particular in hairdressing. Where this is impossible for practical reasons, this information must appear on an enclosed leaflet, with abbreviated information on the container and the packaging referring the consumer to the information specified; (e) the batch number of manufacture or the reference for identifying the goods. Where this is impossible for practical reasons because the cosmetic products are too small, such information need appear only on the packaging. 2. For cosmetic products that are not pre-packaged, are packaged at the point of sale at the purchaser's request, or are pre-packaged for immediate sale, Member States shall adopt detailed rules for indication of the particulars referred to in paragraph 1. 3. Member States shall take all measures necessary to ensure that, in the labelling, putting up for sale and advertising of cosmetic products, text, names, trade marks, pictures and figurative or other signs are not used to imply that these products have characteristics which they do not have.' 5. Article 12 (2) is replaced by: ´2. The Commission shall as soon as possible consult the Member States concerned, following which it shall deliver its opinion without delay and take the appropriate steps.' 6. Annex III, Part 2, becomes Annex IV, Part 1. 7. Annex IV, Part 1, becomes Annex III, Part 2. Article 2 1. Member States shall take all necessary measures to ensure that as from 1 January 1992 neither manufacturers nor importers established in the Community place on the market products whose labelling does not satisfy the requirements of this Directive. 2. Member States shall take all necessary measures to ensure that the products referred to in paragraph 1 can no longer be sold or disposed of to the final consumer after 31 December 1993. Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive not later than 31 December 1989. They shall forthwith inform the Commission thereof. 2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field governed by this Directive. Article 4 This Directive is addressed to the Member States.
[ "UKSI19901812", "UKSI19941884", "UKSI19941258", "UKSI19892233" ]
31989L0107
1988
Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorized for use in foodstuffs intended for human consumption Having regard to the Treaty establishing the European Economic Community, and in particular Article l00a thereof, Having regard to the proposal from the Commission, In cooperation with the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas differences between national laws relating to food additives and the conditions for their use hinder the free movement of foodstuffs; whereas they may create conditions of unfair competition, thereby directly affecting the establishment or functioning of the common market; Whereas the approximation of these laws is therefore necessary; Whereas these requirements should be included in a comprehensive directive, where neccessary drawn up in stages; Whereas the drawing-up of lists of categories of food additives to be covered by a directive is a matter to be decided by the Council acting under the procedure laid down in Article 100a of the Treaty; Whereas the use of food additives belonging to such categories should be authorized only on the basis of agreed scientific and technological criteria laid down by the Council; Whereas in drawing up lists of additives and the conditions for their use the Scientific Committee for Food, set up by Commission Decision 74/234/EEC (3), should be consulted before the adoption of provisions likely to affect public health; Whereas it must be possible to adopt the list of authorized additives to scientific and technical developments; whereas in that case, it may be appropriate also to have, in addition to the rules of procedure laid down by the Treaty, a system permitting the Member States to contribute, by the adoption of temporary national measures, to the search for a Community solution; Whereas the determination of the criteria of purity for such food additives and the drawing-up of methods of analysis and sampling are technical matters to be entrusted to the Commission; Whereas existing Community provisions on colouring matters, preservatives, anti-oxidants and emulsifiers, stabilizers, thickeners and gelling agents will require amendment on the basis of this Directive; Whereas, in all cases where the Council empowers the Commission to implement rules relating to foodstuffs, provision should be made for a procedure instituting close cooperation between Member States and the Commission within the Standing Committee on Foodstuffs set up by Commission Decision 69/414/EEC (4), Article 1 1. This Directive shall apply to food additives the various categories of which are given in Annex I and which are used or intended to be used as ingredients during the manufacture or preparation of a foodstuff and are still present in the final product, even if in altered form, hereinafter called 'food additives'. 2. For the purposes of this Directive'food additive' means any substance not normally consumed as a food in itself and not normally used as a characteristic ingredient of food whether or not it has nutritive value, the intentional addition of which to food for a technological purpose in the manufacture, processing, preparation, treatment, packaging, transport or storage of such food results, or may be reasonably expected to result, in it or its by-products becoming directly or indirectly a component of such foods. 3. This Directive shall not apply to: (a) processing aids (5): (b) substances used in the protection of plants and plant products in conformity with Community rules relating to plant health; (c) flavourings for use in foodstuffs, falling within the scope of Council Directive 88/388/EEC (6): (d) substances added to foodstuffs as nutrients (for example minerals, trace elements or vitamins). Article 2 1. In respect of any category of food additive listed in Annex I for which lists have been drawn up pursuant to Article 3 (8), only those food additives included in such lists may be used in the manufacture or preparation of foodstuffs and only under the conditions of use specified therein. 2. The inclusion of food additives in one of the categories in Amex I shall be on the basis of the principal function normally associated with the food additive in question. However, the allocation of the additive to a particular category does not exclude the possibility of the additive being authorized for several functions 3. Food additives shall be included in a list on the basis of the general criteria described in Annex II. Article 3 1. Particular provisions in respect of the additives in the categories given in Amex I shall be laid down in a comprehensive directive, including existing specific directives on particular categories of additives. That directive may, however, be drawn up in stages. 2. The Council shall, acting on a proposal from the Commission under the procedure laid down in Article 100a of the Treaty, adopt: (a) a list of additives the use of which is authorized to the exclusion of all others; (b) the list of foodstuffs to which these additives may be added, the conditions under which they may be added and, where appropriate, a limit on the technological purpose of their use; (c) the rules on additives used as carrier substances and solvents, including where necessary their purity criteria. 3. The following shall be adopted under the procedure laid down in Article 11: (a) the criteria of purity for the additives in question; (b) where necessary, the methods of analysis needed to verify that the criteria of purity referred to in (a) are satisfied; (c) where necessary, the procedure for taking samples and the methods for the qualitative and quantitative analysis of food additives in and on foodstuffs; (d) other rules necessary to ensure compliance with the provisions of Article 2. Article 4 1. Where a Member State, as a result of new information or of a re-assessment of existing information made since this Directive, or the comprehensive directive referred to in Article 3, was adopted, has detailed grounds for considering that the use of additives in food, although it complies with this Directive or any list drawn up under Article 3, endangers human health, that Member State may temporarily suspend or restrict application of the provisions in question in its territory. It shall immediately inform the other Member States and the Commission thereof and give reasons for its decision. 2. The Commission shall examine the grounds given by the Member State referred to in Paragraph 1 as soon as possible within the Standing Committee on Foodstuffs, and shall then deliver its opinion forthwith and take the appropriate measures. 3. If the Commission considers that amendments to this Directive or to the comprehensive directive referred to in Article 3 are necessary in order to resolve the difficulties mentioned in paragraph 1 and to ensure the protection of human health, it shall initiate the procedure laid down in Article 11, with a view to adopting those amendments; the Member State which has adopted safeguard measures may in that event retain them until the amendments have been adopted. Article 5 1. In order to take account of scientific or technical developments which have occurred since the adoption of a list in accordance with Article 3, a Member State may. provisionally authorize the marketing and use within its territory of an additive from one of the categories listed in Annex I and not included in the relevant list provided that the following conditions are satisfied: (a) the authorization shall be limited to a maximum period of two years; (b) the Member State shall ensure that foodstuffs containing an additive which it has authorized are officially monitored; (c) in the authorization the Member State may require that foodstuffs manufacted with the additive in question shall bear a special indication. 2. The Member State shall communicate to the other Member States and to the Commission the text of any authorization decision adopted pursuant to paragraph 1, within two months of the date on which the decision takes effect. 3. Before the two-year period stipulated in paragraph 1 (a) has expired the Member State may request the Commission to include in the list adopted in accordance with Article 3 the additive which had been the subject of national authorization pursuant to paragraph 1 of this Article. At the same time, the Member State shall provide the evidence which, in its view, supports such inclusion and shall indicate how the additive is to be used. If the Commission considers this request to be justified, it shall operate the procedure laid down in Article l00a of the Treaty in order to amend the list adopted in accordance with Article 3. The Council shall act on a proposal from the Commission, within 18 months from the date on which the matter was referred to it. 4. If, within the two-year period stipulated in paragraph l, the Commission does not submit a proposal in accordance with paragraph 3, or if the Council does not act within the 18-month period stipulated in paragraph 3, the national authorization must be cancelled. At the same time, any authorization granted by another Member State for the same additive must be cancelled. 5. N° new authorization for the same additive may be granted unless the scientific or technical development made since the cancellation provided for in paragraph 4 so justifies. Article 6 Provisions that may have effect upon public health shall be adopted after consultation with the Scientific Committee for Food. Article 7 1. Food additives not intended for sale to the uItimate consumer may be marketed only if their packaging or containers bear the following information, which must be conspicuous, clearly legible and indelible: (a) - for food additives sold singly or mixed with each other, for each additive, the name laid down by any Community provisions applying and its EEC number or, in the absence of such provisions, a description of the additive that is sufficiently precise to enable it to be distinguished from additives with which it could be confused, indescending order of the proportion by weight in the total, - when other substances or materials or food ingredients to facilitate storage, sale, standardization, dilution or dissolution of a food additive or food additives are incorporated in the additives, the name of the additive in accordance with the first indent and an indication of each component in descending order of the proportion by weight in the total; (b) - either the statement 'for use in food', - or the statement 'restricted use in food', - or a more specific reference to its intended food use; (c) if rtecessary, the special conditions of storage and use; (d) directions for use, if the Comission thereof would preclude appropriate use of the additive; (e) a mark identifying the batch or lot; (f) the name or business name and address of the manufacturer or packager, or of a seller established within the Community; (g) an indication of the percentage of any component which is subject to a quantitative limitation in a food or adequate compositional information to enable the purchaser to comply with any Community provisions, or in their absence national provisions, applying to the food. Where the same quantitative limitation applies to a group of components used singly or in combination, the combined percentage may be given as a single figure; (h) the net quantity; (i) any other information provided for in the comprehensive Directive referred to in Article 3. 2. By way of derogation from paragraph 1, the information required in point (a), second indent, and points (d) to (g), may appear merely on the documents relating to the consignment which are to be supplied with or prior to the delivery, provided that the indication 'intended for the manufacture of foodstuffs and not for retail sale' appears on a conspicuous part Article 8 Food additives intended for sale to the ultimate consumer may be marketed only if their packagings or containers bear the following information, which must be conspicuous, clearly legible and indelible: (a) the name under which the product is sold. This name shall be constituted by the name laid down by any Community provisions applying to the product in question plus its EEC number or, in the absence of such provisions, by a description of the product that is sufficiently precise to enable it to be distinguished from products with which it could be confused: (b) the information required by Article 7 (l) (a) to (f), and (h): (c) the date of minimum durability within the meaning of Article 9 of Council Directive 79/112/EEC (7): (d) any other information provided for in the comprehensive directive referred to in Article 3. Article 9 Articles 7 and 8 shall not affect more detailed or more extensive laws, regulations or administrative provisions regarding weights and measures, or applying to the presentation, classification, packagirtg and labelling of dangerous substances and preparations or the transport of such substances Article 10 Member States shall refrain from laying down requirements more detailed than those contained in Articles 7 and 8 concerning the manner in which the particulars provided for therein are to be shown The particulars provided for in Articles 7 and 8 shall appear in a language easily understandable to purchasers unless other measures have been taken to ensure that the purchaser is informed. This provision shall not prevent such particulars from being indicated in various languages. Article 11 1. Where the procedure laid down in this Article is to be followed, the chairman shall refer the matter to the Standing Committee on Foodstuffs 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 measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the qualified. majority laid down in Article 148 (2) of the Treaty. The chairman shall not vote. 3. (a) The Commission shall adopt the intended measures when they are in accordance with the Committee's opinion; (b) where the intended measures are not in accordance with the opinion of the committee, or in the absence of any opinion, the Commission shall forthwith submit to the Council a proposal relating to the measures to be taken. The Council shall act on a qualified majority. If, on the expiry of three months from the date on which the matter was referred to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures. Article 12 1. Member States shall take all measures necessary to ensure that food additives belonging to the categories defined in Annex I may be marketed only if they conform to the definitions and rules laid down in this Directive and the Annexes thereto. 2. Member States may not prohibit, restrict or obstruct the marketing of food addicives, food or food ingredients on grounds relating to food additives, if these comply with the provisions of this Directive, the existing specific directives and the comprehensive directive referred to in Article 3 3. Paragraph 2 shall not affect national provisions applicable in the absence of corresponding provisions in the comprehensive directive referred to in Article 3. Article 13 Measures to bring existing Community directives into line with this Directive shall be adopted according to the procedure laid down in Article 11. Article 14 1. Member States shall take all measures necessary to comply with this Directive within 18 months of its notification. They shall forthwith inform the Commission thereof. The measures taken shall: - authorize, two years after notification of this Directive the marketing and use of food additives complying with this Directive; - prohibit, not later than three years after notification (8) of this Directive, the marketing and use of food additives which do not comply with this Directive. 2. Paragraph 1 shall not affect existing Community provisions or those national provisions which, in the absence of the comprehensive directives referred to in Article 3, apply to certain groups of food additives or specify the foodstuffs in or on which food additives complying with this Directive may be used. Article 15 This Directive is addressed to the Member States.
[ "UKSI19953187", "UKSI19921978" ]