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31985L0320

Council Directive 85/320/EEC of 12 June 1985 amending Directive 64/432/EEC as regards certain measures relating to classical swine fever and African swine fever

Official Journal L 168 , 28/06/1985 P. 0036 - 0038 Finnish special edition: Chapter 3 Volume 18 P. 0197  Spanish special edition: Chapter 03 Volume 35 P. 0169  Swedish special edition: Chapter 3 Volume 18 P. 0197  Portuguese special edition Chapter 03 Volume 35 P. 0169

*****COUNCIL  DIRECTIVE  of 12 June 1985  amending Directive 64/432/EEC as regards certain measures relating to classical swine fever and African swine fever  (85/320/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 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 Directive 64/432/EEC (4), as last amended by Directive 84/644/EEC (5), lays down the health requirements to be fulfilled by live cattle and pigs intended for intra-Community trade;  Whereas, in view of the development of classical swine fever in certain parts of the territory of the Community, the measures relating to trade should be strengthened and the circumstances in which the status of the officially swine-fever-free regions should be altered in the event of an outbreak of the disease should be more clearly defined;  Whereas, even if it occurs only exceptionally in certain parts of the territory of the Community, African swine fever constitutes a danger of contamination to the pig herds of the Member States; whereas rules should therefore be established laying down protective measures to be applied in intra-Community trade in live pigs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 64/432/EEC is hereby amended as follows:  1. In Article 3 (2) (b) (ii), 'a protective area with a radius of 2 kilometres shall be established around the holding for a period of 15 days' is replaced by 'a protection zone with a radius of 3 kilometres shall be established around the holding for a period of 30 days where the disease is swine fever and with a radius of 2 kilometres for 15 days where other diseases are involved'.  2. Article 4b (1) (c) is replaced by the following:  '(c) or a part of territory made up of a region or several adjacent regions recognized as officially swine-fever-free for the purpose of intra-Community trade by the Council acting unanimously on a proposal from the Commission within three months of the date on which the proposal was referred to it.  Without prejudice to the possibility of recourse to Article 9, the Member State in question shall suspend this status upon the occurrence of a case of swine fever and shall forthwith inform the Commission and the other Member States thereof. The Member State concerned shall lift the suspension either 30 days after the eradication of the last outbreak of the disease if there has been no vaccination or 30 days after the eradication of the last outbreak of the disease and the elimination of the vaccinated pigs if there has been a vaccination. It shall inform the Commission and the other Member States of the lifting of the suspension. When two months have elapsed between the dates on which the first and last outbreaks were officially confirmed, the Member State concerned shall forthwith inform the Commission thereof. In this case, the status may be withdrawn in accordance with the procedure laid down in Article 13.  In the event of withdrawal, the status may be granted afresh to the part of territory in question in accordance with the same procedure only after a period of not less than:  - three months after the eradication of the last outbreak of the disease if there has been no vaccination,  - six months after the eradication of the last outbreak of the disease and after the elimination of the vaccinated pigs if there has been vaccination.'  3. The following paragraph is added to Article 4b:  '3. This Article shall be applicable until 31 December 1987.  By 1 July 1987 the Commission shall submit to the Council a report on developments in the situation with particular regard to trade, together with appropriate proposals as regards swine fever.  The Council shall take a decision on these proposals not later than 31 December 1987.'  4. The following subparagraph is added to Article 9 (1):  'However, where the disease in question is African swine fever, Article 9a shall apply.'  5. The following Article is inserted:  'Article 9a  1. A Member State in whose territory African swine fever has been recorded within the previous 12 months shall not export live pigs to the territory of the other Member States.  It may be decided, in accordance with the procedure laid down in Article 12, that the provisions of the first subparagraph shall not apply to one or more parts of the territory of the Member State concerned. This derogation shall not preclude recourse to Article 9 should one or more cases of African swine fever re-occur in the above part or parts of territory.  2. Where there is an outbreak of African swine fever in the territory of a Member State where the disease has not been recorded for at least 12 months, it may be decided, in accordance with the procedure laid down in Article 13, that the provisions of paragraph 1 shall apply exclusively to the part of territory concerned. Pending this decision, and without prejudice to Article 9, the Member State concerned shall ensure the immediate prohibition of export to the other Member States of live pigs from the part of territory in which the epizootic disease has been recorded. The criteria laid down in Article 9b (2) shall be taken into account in determining that part of the territory.  One or more cases of African swine fever on a part of a Member State's territory which is not geographically linked to the main part of that Member State's territory shall not prevent the application of the first subparagraph.  The conditions prerequisite to the application of the first subparagraph shall still be deemed to be fulfilled if the following conditions have been fulfilled:  (i) the outbreak or outbreaks recorded on the occurrence of African swine fever referred to in the first subparagraph was or were eradicated in the shortest possible period of time;  (ii) the new outbreak, which forms the subject of a fresh decision, as provided for in the first subparagraph, is not connected epidemiologically with the outbreak or outbreaks referred to in (i).  3. Decisions to lift measures applied under paragraph 2 shall be taken in accordance with the procedure laid down in Article 13.'  6. The following Article is inserted:  'Article 9b  1. For the purposes of defining the parts of territory referred to in Article 9a (1), particular account shall be taken of:  - the methods used to control and eradicate African swine fever,  - the absence of the disease for at least 12 months, recorded by all methods of detection, including serological surveys, - the surface area of the parts of territory and their administrative and geographical boundaries,  - the protective measures taken to prevent the contamination or recontamination of pig herds,  - the measures taken to control the movement of pigs.  2. For the purposes of defining the parts of territory referred to in Article 9a (2), particular account shall be taken of:  - the methods used to combat the disease, in particular the elimination of pigs from holdings which are infected, contaminated or suspected of contamination,  - the surface area of the parts of territory and their administrative and geographical boundaries,  - the incidence of the disease and its tendency to spread,  - the measures taken to prevent the disease from spreading,  - the measures taken to restrict and control the movement of pigs both inside and outside the part of territory concerned.'  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 1986.  They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Luxembourg, 12 June 1985.  For the Council  The President  C. DEGAN  (1) OJ No C 272, 12. 10. 1984, p. 6.  (2) OJ No C 12, 14. 1. 1985, p. 127.  (3) OJ No C 44, 15. 2. 1985, p. 4.  (4) OJ No 121, 29. 7. 1964, p. 1977/64.  (5) OJ No L 339, 27. 12. 1984, p. 30.


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32001L0022

Commission Directive 2001/22/EC of 8 March 2001 laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs (Text with EEA relevance.)

Official Journal L 077 , 16/03/2001 P. 0014 - 0021

Commission Directive 2001/22/ECof 8 March 2001laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European 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 thereof,Whereas:(1) Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food(2) provides that maximum levels must be set for certain contaminants in foodstuffs in order to protect public health.(2) Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs(3) establishes, besides others, maximum levels for lead, cadmium, mercury and 3-monochloropropane-1,2-diol (3-MCPD) in foodstuffs and makes reference to the measures laying down the sampling and analysis methods to be used.(3) Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs(4) lays down the general principles for the performance of control of foodstuffs. Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs(5) introduces a system of quality standards for laboratories entrusted by the Member States with the official control of foodstuffs.(4) Sampling plays a crucial role in obtaining representative results for the determination of the levels of the contaminants which may be heterogeneously distributed in a lot.(5) Directive 85/591/EEC has fixed general criteria for methods of sampling and analysis but in certain cases more specific criteria become necessary in order to ensure that laboratories, in charge of the control, use methods of analysis with comparable levels of performance.(6) The provisions for the sampling and methods of analysis have been drawn up on the basis of present knowledge and they may be adapted to take account of advances in scientific and technological knowledge.(7) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Foodstuffs,HAS ADOPTED THIS DIRECTIVE:Article 1The Member States shall take all measures necessary to ensure that the sampling for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs is carried out in accordance with the methods described in Annex I to this Directive.Article 2The Member States shall take all measures necessary to ensure that sample preparation and methods of analyses used for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs comply with the criteria described in Annex II to this Directive.Article 3The Member States shall, not later than 5 April 2003, bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of this Directive. They shall forthwith notify the Commission thereof.When Member States adopt these provisions, the provisions shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.Article 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.This Directive is addressed to the Member States.Done at Brussels, 8 March 2001.For the CommissionDavid ByrneMember of the Commission(1) OJ L 372, 31.12.1985, p. 50.(2) OJ L 37, 13.2.1993, p. 1.(3) See page 1 of this Official Journal.(4) OJ L 186, 30.6.1989, p. 23.(5) OJ L 290, 24.11.1993, p. 14.ANNEX IMETHODS OF SAMPLING FOR OFFICAL CONTROL OF THE LEVELS OF LEAD, CADMIUM, MERCURY AND 3-MCPD IN CERTAIN FOODSTUFFS1. PURPOSE AND SCOPESamples intended for the official control of the levels of lead, cadmium, mercury and 3-MCPD contents in foodstuffs shall be taken according to the methods described below. Aggregate samples thus obtained shall be considered as representative of the lots or sublots from which they are taken. Compliance with maximum levels laid down in Regulation (EC) No 466/2001 shall be established on the basis of the levels determined in the laboratory samples.2. DEFINITIONS>TABLE>3. GENERAL PROVISIONS3.1. PersonnelSampling shall be performed by an authorised qualified person as specified by the Member States.3.2. Material to be sampledEach lot which is to be examined must be sampled separately.3.3. Precautions to be takenIn the course of sampling and preparation of laboratory samples precautions must be taken to avoid any changes which would affect the lead, cadmium, mercury and 3-MCPD contents, adversely affect the analytical determination or make the aggregate samples unrepresentative.3.4. Incremental samplesAs far as possible incremental samples shall be taken at various places distributed throughout the lot or sublot. Departure from this procedure must be recorded in the record provided for under 3.8.3.5. Preparation of the aggregate sampleThe aggregate sample is made up by uniting all incremental samples. It shall be at least 1 kg unless not practical, e.g. when a single package has been sampled.3.6. Subdivision of aggregate sample in laboratory samples for enforcement, defence and referee purposesThe laboratory samples for enforcement, trade (defence) and referee purposes shall be taken from the homogenised aggregate sample unless this conflicts with Member States' regulations on sampling. The size of the laboratory samples for enforcement shall be sufficient to allow at least for duplicate analyses.3.7. Packaging and transmission of aggregate and laboratory samplesEach aggregate and laboratory sample shall be placed in a clean, inert container offering adequate protection from contamination, from loss of analytes by adsorption to the internal wall of the container and against damage in transit. All necessary precautions shall be taken to avoid change of composition of the aggregate and laboratory samples which might arise during transportation or storage.3.8. Sealing and labelling of aggregate and laboratory samplesEach sample taken for official use shall be sealed at the place of sampling and identified following the Member States' regulations. A record must be kept of each sampling, permitting each lot to be identified unambiguously and giving the date and place of sampling together with any additional information likely to be of assistance to the analyst.4. SAMPLING PLANSSampling should ideally take place at the point where the commodity enters the food chain and a discrete lot becomes identifiable. The sampling method applied shall ensure that the aggregate sample is representative for the lot that is to be controlled.4.1. Number of incremental samplesIn the case of liquid products for which a homogeneous distribution of the contaminant in question can be assumed within a given lot, it is sufficient to take one incremental sample per lot which forms the aggregate sample. Reference to the lot number shall be given. Liquid products containing hydrolysed vegetable protein (HVP) or liquid soya sauce shall be shaken well, or homogenised by other suitable means, before the incremental sample is taken.For other products, the minimum number of incremental samples to be taken from the lot shall be as given in Table 1. The incremental samples shall be of similar weight. Departure from this procedure must be recorded in the record provided for under 3.8.Table 1: Minimum number of incremental samples to be taken from the lot>TABLE>If the lot consists of individual packages, then the number of packages which shall be taken to form the aggregate sample is given in Table 2.Table 2: Number of packages (incremental samples) which shall be taken to form the aggregate sample if the lot consists of individual packages>TABLE>5. COMPLIANCE OF THE LOT OR SUBLOT WITH THE SPECIFICATIONThe control laboratory shall analyse the laboratory sample for enforcement at least in two independent analyses, and calculate the mean of the results. The lot is accepted if the mean conforms to the respective maximum level as laid down in Regulation (EC) No 466/2001. It is rejected if the mean exceeds the respective maximum level.ANNEX IISAMPLE PREPARATION AND CRITERIA FOR METHODS OF ANALYSIS USED IN OFFICAL CONTROL OF THE LEVELS OF LEAD, CADMIUM, MERCURY AND 3-MCPD IN CERTAIN FOODSTUFFS1. INTRODUCTIONThe basic requirement is to obtain a representative and homogeneous laboratory sample without introducing secondary contamination.2. SPECIFIC SAMPLE PREPARATION PROCEDURES FOR LEAD, CADMIUM AND MERCURYThere are many satisfactory specific sample preparation procedures which may be used for the products under consideration. Those described in the draft CEN Standard "Foodstuffs - Determination of trace elements - Performance criteria and general consideration" have been found to be satisfactory (a) but others may be equally valid.The following points must be noted for any procedure used:- bivalve molluscs, crustaceans and small fish: where these are normally eaten whole, the viscera are to be included in the material to be analysed,- vegetables: only the edible portion of is to be tested, with note to be taken of the requirements of the Regulation (EC) No 466/2001.3. METHOD OF ANALYSIS TO BE USED BY THE LABORATORY AND LABORATORY CONTROL REQUIREMENTS3.1. Definitions>TABLE>3.2. General requirementsMethods of analysis used for food control purposes must comply whenever possible with the provisions of paragraphs 1 and 2 of the Annex to Directive 85/591/EEC.For the analysis of lead in wine, Commission Regulation (EEC) No 2676/90(1) determining Community methods for the analysis of wines lays down the method to be used in Chapter 35 of its Annex.3.3. Specific requirements3.3.1. Lead, cadmium and mercury analysesSpecific methods for the determination of lead, cadmium and mercury contents are not prescribed. Laboratories shall use a validated method that fulfils the performance criteria indicated in Table 3. Where possible, the validation shall include a certified reference material in the collaborative trial test materials.Table 3: Performance criteria of methods for lead, cadmium and mercury analyses>TABLE>3.3.2. 3-MCPD analysisSpecific methods for the determination of 3-MCPD contents are not prescribed. Laboratories shall use a validated method that fulfils the performance criteria indicated in Table 4. Where possible, the validation shall include a certified reference material in the collaborative trial test materials. A specific method has been validated by collaborative trial and has been shown to meet the requirements of Table 4 (c).Table 4: Performance criteria of methods for 3-MCPD analysis>TABLE>3.4. Estimation of the analytical trueness and recovery calculationsWherever possible the trueness of the analysis shall be estimated by including suitable certified reference materials in the analytical run.The "Harmonised Guidelines for the Use of Recovery Information in Analytical Measurement" (d) developed under the auspices of IUPAC/ISO/AOAC shall be taken into account.The analytical result shall be reported corrected or uncorrected. The manner of reporting and the level of recovery must be reported.3.5. Laboratory quality standardsLaboratories must comply with Directive 93/99/EEC.3.6. Expression of resultsThe results shall be expressed in the same units as the maximum levels laid down in Regulation (EC) No 466/2001.REFERENCES(a) Draft Standard prEN 13804, "Foodstuffs - Determination of Trace Elements - Performance Criteria and General Considerations", CEN, Rue de Stassart 36, B-1050 Brussels.(b) W Horwitz, "Evaluation of Analytical Methods for Regulation of Foods and Drugs", Anal. Chem., 1982, No 54, 67A-76A(c) Method of Analysis to determine 3-Monochloropropane-1,2-Diol in Food and Food Ingredients using Mass Spectrometric Detection, submitted to CEN TC 275 and AOAC International (also available as "Report of the Scientific Cooperation task 3.2.6: Provision of validated methods to support the Scientific Committee on Food's recommendations regarding 3-MCPD in hydrolysed protein and other foods").(d) ISO/AOAC/IUPAC Harmonised Guidelines for the Use of Recovery Information in Analytical Measurement. Edited Michael Thompson, Steven L R Ellison, Ales Fajgelj, Paul Willetts and Roger Wood, Pure Appl. Chem., 1999, No 71, 337-348(1) OJ L 272, 3.10.1990, p. 1.


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31985L0576

Council Directive 85/576/EEC of 20 December 1985 amending Directive 78/1035/EEC on the exemption from taxes of imports of small consignments of goods of a non-commercial character from third countries

Official Journal L 372 , 31/12/1985 P. 0030 - 0030 Spanish special edition: Chapter 09 Volume 2 P. 0018  Portuguese special edition Chapter 09 Volume 2 P. 0018

COUNCIL DIRECTIVE of 20 December 1985 amending Directive 78/1035/EEC  on the exemption from taxes of imports of small consignments of goods of a non-commercial character  from third countries (85/576/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having  regard to the Treaty establishing the European Economic Community, and in particular Article 99,  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 no adjustment has been made to the tax relief provided for in Directive 78/1035/EEC  (4) as  amended by Directive 81/933/EEC  (5), as regards the importation of small consignments of goods of  a non-commercial character from third countries since the adoption of Directive 81/933/EEC,  resulting in a fall in the real value of the relief owing to the rise in consumer prices; whereas  that situation should be remedied; Whereas tafia, saké and other similar beverages can be treated  as beverages of an alcoholic strength of 22  % vol. or less for which there is currently a tax-free  limit; whereas the list of beverages covered by this limit should therefore be extended; Whereas it  should be specifically mentioned that the limit on the quantity of alcoholic beverages which can be  exempted applies a fortiori to pure alcohol, HAS ADOPTED THIS DIRECTIVE: Article  1In the third indent of Article 1 (2) (a) of Directive 78/1035/EEC, '35 ECU' is hereby replaced by  '45 ECU'. Article 2Article 2 (b) first and second indents of Directive 78/1035/EEC shall be  replaced by the following:     '(b)  alcohol and alcoholic beverages: -  distilled beverages and  spirits of an alcoholic strength exceeding 22  % vol.; undenatured ethyl alcohol of 80  % vol. and  over: one standard bottle (up to 1 litre), or -distilled beverages and spirits, and aperitifs with  a wine or alcohol base, tafia, saké or similar beverages of an alcoholic strength of 22  % vol. or  less; sparkling wines, fortified wines: one standard bottle (up to 1 litre),'. Article 31.     Member States shall take the measures necessary to comply with this Directive as from 1 July 1986.  2.    Member States shall inform the Commission of the measures they take for the application of  this Directive. Article 4This Directive is addressed to the Member States. Done  at Brussels, 20 December 1985. For the Council The President R. KRIEPS                                                  (1)  OJ No C 167, 6.  7.  1985, p. 5. (2)  OJ No C 345, 31.  12.  1985. (3)  OJ No C 303, 25.  11.  1985, p. 5. (4)  OJ No L 366, 28.  12.  1978, p. 34. (5)  OJ No L 338, 21.  11.  1981, p. 24.


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31983L0651

Council Directive 83/651/EEC of 22 December 1983 prolonging the derogation accorded to Ireland relating to the rules governing turnover tax and excise duty applicable in international travel

Official Journal L 370 , 31/12/1983 P. 0062 - 0062 Spanish special edition: Chapter 09 Volume 1 P. 0166  Portuguese special edition Chapter 09 Volume 1 P. 0166

*****COUNCIL  DIRECTIVE  of 22 December 1983  prolonging the derogation accorded to Ireland relating to the rules governing turnover tax and excise duty applicable in international travel  (83/651/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 100 thereof,  Having regard to the proposal from the Commission,  Whereas Council Directive 78/1032/EEC (1) granted Ireland a derogation from Directive 69/169/EEC (2), as last amended by Directive 82/443/EEC (3), in respect of the unit value of goods to be imported with tax exemption;  Whereas the Irish Government has requested that the above derogation be prolonged;  Whereas the tax system at present applied in Ireland does not yet allow full application of the tax exemption granted to travellers coming from other Member States without the risk of serious economic consequences;  Whereas, therefore, Ireland should be authorized to continue to apply exceptional arrangements for a further limited period,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The second indent of Article 5 (1) of Directive 78/1032/EEC is hereby replaced by the following:  '- Ireland may, until 30 June 1984, exclude from tax exemption goods whose unit value is in excess of 77 ECU'.  Article 2  Member States other than Ireland shall take the necessary steps to permit the remission of tax, in accordance with the procedures referred to in Article 6 of Directive 69/169/EEC, on goods imported into Ireland which are excluded from exemption.  Article 3  Ireland shall communicate to the Commission details of the measures which it adopts to implement this Directive.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 22 December 1983.  For the Council  The President  C. VAITSOS  (1) OJ No L 366, 12. 12. 1978, p. 28.  (2) OJ No L 133, 4. 6. 1969, p. 6.  (3) OJ No L 206, 14. 7. 1982, p. 35.


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31985L0348

Council Directive 85/348/EEC of 8 July 1985 amending Directive 69/169/EEC on the harmonization of provisions laid down by law, regulation or administrative action relating to exemption from turnover tax and excise duty on imports in international travel

Official Journal L 183 , 16/07/1985 P. 0024 - 0026 Finnish special edition: Chapter 9 Volume 1 P. 0126  Spanish special edition: Chapter 09 Volume 2 P. 0004  Swedish special edition: Chapter 9 Volume 1 P. 0126  Portuguese special edition Chapter 09 Volume 2 P. 0004

*****COUNCIL  DIRECTIVE  of 8 July 1985  amending Directive 69/169/EEC on the harmonization of provisions laid down by law, regulation or administrative action relating to exemption from turnover tax and excise duty on imports in international travel  (85/348/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 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 it is important to facilitate travel and tourism within the Community and, to this end, to relax the controls on persons at frontiers in order that citizens can appreciate more precisely the positive effects of the existence of the Community;  Whereas, with this in mind, there should be an increase in the exemption from turnover tax and excise duty, the level of which, as laid down by Directive 69/169/EEC (4), was last amended by Directive 84/231/EEC (5); whereas the exemption which may be applied to persons under the age of 15 should also be increased;  Whereas the quantitative limits laid down by Articles 4 (1) (d) and (e) of Directive 69/169/EEC in respect of coffee and tea are liable to give rise to additional formalities at frontiers; whereas any taxes levied can yield little tax revenue; whereas arrangements should therefore be made for raising these quantitative limits in travel between Member States;  Whereas the marketing of wines produced in the Community should be promoted; whereas an increase in the quantities of wines which can be imported duty-free is likely to contribute to this objective;  Whereas tafia, saké and other similar beverages can be treated as beverages with an alcoholic strength not exceeding 22 % vol for which there is currently a tax-free limit; whereas the list of beverages covered by this limit should therefore be extended;  Whereas it should be specifically mentioned that the limit on the quantity of alcoholic beverages which can be exempted applies a fortiori to pure alcohol;  Whereas every two years the amounts of the exemptions and the derogations authorized should be adjusted in order to maintain the genuine values thereof;  Whereas, should the adjustment of the Community exemption give rise to a decrease in the exemption in the national currency of a Member State, the Member State in question should be allowed to preserve the amount, in national currency, which existed prior to such adjustment;  Whereas the taxation system at present in force in Denmark, Greece and in Ireland does not yet authorize application, in its entirety, of the tax exemption granted to travellers coming from other Member States, bearing in mind the economic consequences which this might cause;  Whereas, therefore, these States must be authorized to derogate from Directive 69/169/EEC with regard to the unit value of goods imported tax-free; whereas, in addition, the Kingdom of Denmark should be authorized to apply a reduced quantitative limit for still wines;  Whereas Directive 84/231/EEC authorized the Kingdom of Denmark to derogate from Directive 69/169/EEC with regard to the import of certain products by travellers having their residence in Denmark, after having stayed in another country for less than 48 hours;  Whereas the taxation system at present applied in Denmark does not permit of any limitations on the application of this rule on 31 December 1985 without the risk of economic consequences; whereas, therefore, the application thereof should be extended until 31 December 1987,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 69/169/EEC is hereby amended as follows:  1. In Article 2:  (a) in paragraph 1, 'as from 1 July 1984, 280 ECU' is replaced by '350 ECU';  (b) in paragraph 2, 'up to 60 ECU' is replaced by 'up to 90 ECU';  (c) the following paragraph is added:  '6. Every two years, and for the first time on 31 October 1987 at the latest, the Council, acting in accordance with the procedures provided for by the Treaty on this point, shall adjust the amounts of the exemptions referred to in paragraphs 1 and 2 in order to maintain the genuine value.'  2. In Article 4 (1) the table is replaced by the following:  1.2.3 //   //   //   //   // I  // II  //   // Travel between third countries and the Community  // Travel between Member States  //   //   //   // (a) Tobacco products:  //   //  // cigarettes or  // 200  // 300  // cigarillos (cigars of a maximum weight of 3 grammes each)  // 100  // 150  // or  //  //   // cigars or  // 50  // 75  // smoking tobacco  // 250 g  // 400 g  // (b) Alcohol and alcoholic beverages:  //   //  // - distilled beverages and spirits of an alcoholic strength exceeding 22 % vol; undenatured ethyl alcohol of 80 % vol and over  // a total of 1 litre  // a total of 1,5 litres  // or distilled beverages and spirits, and aperitifs with a wine or alcohol base, tafia, saké or similar beverages of an alcoholic strength not exceeding 22 % vol; sparkling wines, fortified wines and  // a total of 2 litres  // a total of 3 litres  // - still wines  // a total of 2 litres  // a total of 5 litres  // (c) Perfumes  // 50 g  // 75 g  // and  //   //   // toilet waters  // 1 / 4 litre  // 3 / 8 litre  // (d) Coffee  // 500 g  // 1 000 g  // or  //   //   // coffee extracts and essences  // 200 g  // 400 g  // (e) Tea  // 100 g  // 200 g  // or  //  //   // tea extracts and essences  // 40 g  // 80 g  //   //  //  3. In Article 6 (4), (b) is supplemented by the following:  'proving that the turnover tax has been or will be applied.  4. At the end of Article 7 (4), the following is added:  'or to a lowering of this exemption.'  5. The following subparagraph is added to Article 7a:  'It shall be open to Member States not to levy turnover tax or excise duty on the import of goods by a traveller when the amount of the tax which should be levied is equal to, or less than, 5 ECU.'  6. The following Articles are added:  'Article 7b  1. By way of derogation from Article 2 (1):  (a) the Kingdom of Denmark and the Hellenic Republic shall be authorized to exclude, from the exemption, goods the unit value of which exceeds 280 ECU;  (b) Ireland shall be authorized to exclude, from the exemption, goods the unit value of which exceeds 77 ECU. 2. By way of derogation from Article 2 (2), Ireland shall be authorized to exclude, from the exemption, goods the unit value of which exceeds 77 ECU.  3. Throughout the period during which the derogations referred to in paragraph 1 are applied, the other Member States shall take the measures necessary to enable remission of tax, according to the procedures referred to in Article 6, to take place for goods imported into Denmark, into Greece and into Ireland which are excluded from the exemption in these countries.  4. Every two years, and for the first time on 31 October 1987 at the latest, the Council, acting in accordance with the procedures provided for by the Treaty on this point, shall adjust the amounts of the exemptions referred to in paragraphs 1 and 2 in order to maintain the genuine value.  Article 7c  1. By way of derogation from Article 4 (1), the Kingdom of Denmark shall be authorized:  (a) to apply to still wines, in trade between Member States, a limit of four litres;  (b) in respect of exemption on importation of the goods referred to below, to apply the following quantitative limits, where such goods are imported by travellers resident in Denmark, after a stay in another country:  - until 31 December 1987, following a stay of less than 48 hours,  - from 1 January 1988 to 31 December 1989, following a stay of less than 24 hours:  1.2.3.4.5 //   //   //   //   //   //   // from 1 January 1985 to 31 December 1986  // from 1 January 1987 to 31 December 1987  // from 1 January 1988 to 31 December 1988  // from 1 January 1989 to 31 December 1989  //   //   //   //   //  // Cigarettes  // 60  // 140  // 200  // 240  // or  //   //  //   //   // smoking tobacco where the tobacco particles have a width of less than 1,5 mm (fine cut)  // 100 g  // 200 g  // 250 g  // 300 g  // Distilled beverages and spirits of an alcoholic strength exceeding 22 % vol  // Nil  // 0,35  // 0,35  // 0,7  //   //   //   //   //  2. Directive 84/231/EEC is hereby repealed as from 30 September 1985.'  Article 2  1. Member States shall implement the measures necessary to conform with this Directive on 1 October 1985.  2. Member States shall inform the Commission of the provisions which they adopt to implement this Directive.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 8 July 1985.  For the Council  The President  J. SANTER  (1) OJ No C 114, 28. 4. 1983, p. 4 and OJ No C 81, 22. 3. 1984, p. 6.  (2) OJ No C 10, 16. 1. 1984, p. 44.  (3) OJ No C 57, 29. 2. 1984, p. 12.  (4) OJ No L 133, 4. 6. 1969, p. 6.  (5) OJ No L 117, 3. 5. 1984, p. 42.


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31972L0230

Second Council Directive 72/230/EEC of 12 June 1972 on the harmonization of provisions laid down by law, regulation or administrative action relating to the rules governing turnover tax and excise duty applicable in international travel

Official Journal L 139 , 17/06/1972 P. 0028 - 0031 Finnish special edition: Chapter 9 Volume 1 P. 0017  Danish special edition: Series I Chapter 1972(II) P. 0544  Swedish special edition: Chapter 9 Volume 1 P. 0017  English special edition: Series I Chapter 1972(II) P. 0565  Greek special edition: Chapter 09 Volume 1 P. 0030  Spanish special edition: Chapter 09 Volume 1 P. 0033  Portuguese special edition Chapter 09 Volume 1 P. 0033

SECOND COUNCIL DIRECTIVE  of 12 June 1972  on the harmonization of provisions laid down by law, regulation or administrative action relating to the rules governing turnover tax and excise duty applicable in international travel  (72/230/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 99 thereof;  Having regard to the Council Directive of 28 May 1969 1 on the harmonization of provisions laid down by law, regulation or administrative action relating to exemption from turnover tax and excise duty on imports in international travel;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament;  Having regard to the Opinion of the Economic and Social Committee;  Whereas the Resolution of the Council and of the Representatives of the Governments of the Member States of 22 March 1971 2 on the achievement by stages of economic and monetary union in the Community provides in particular for a gradual widening of tax exemption granted to individuals when crossing intra-Community frontiers;  Whereas it is appropriate to make passenger travel between Member States easier by means of an increase in the exemption from turnover tax and excise duty provided for in the Council Directive of 28 May 1969 ; whereas, to that end and in order to reduce controls, the declarations to be made by travellers crossing intra-Community frontiers should henceforth be simplified where the value or quantity of goods in their possession does not exceed their duty-free entitlements;  Whereas persons residing near intra-Community frontiers and the crew of the means of transport used in international travel should henceforth be made eligible for certain exemptions;  Whereas, in view of the technical problems which have arisen from the application of Article 6 of the abovementioned Directive, certain problems relating to the remission of tax at the retail trade stage should be dealt with;  Whereas, having regard to the progressive establishment of an economic area whose characteristics are similar to those of a domestic market embracing the Community, Member States will have to abolish, in respect of intra-Community trade, the systems now in force involving the remission of tax on exportation and the imposition of tax on importation and also therefore the remission of turnover tax and excise duty at the retail trade stage.  Whereas, however, the complete abolition of such remission of tax can only be achieved gradually ; whereas, as a first step, certain common rules applicable to persons residing in the Community should be laid down relating to standard cases of remission of tax at the retail trade stage;  HAS ADOPTED THIS DIRECTIVE:    Article 1 Article 2 of the Council Directive of 28 May 1969 shall be amended as follows:  1OJ No L 133, 4.6.1969, p. 6. 2OJ No C 28, 27.3.1971, p. 1.     (a) in paragraph 1, the words  "one hundred and twenty-five units of account"  shall be substituted for  "seventy-five units of account";       (b) in paragraph 2, the words  "thirty units of account"  shall be substituted for  "twenty units of account";       (c) in paragraph 3, the words  "one hundred and twenty-five units of account"  shall be substituted for  "seventy-five units of account".          Article 2 The following shall be substituted for Article 4 (1) of the Council Directive of 28 May 1969:  "1. Without prejudice to national provisions applicable to travellers whose residence is outside Europe, each Member State shall set the following quantitative limits for exemptions from turnover tax and excise duty of the goods listed below: >PIC FILE= "T0010793">     Article 3 The following paragraphs shall be substituted for Article 5 (1) of the Council Directive of 28 May 1969 and the former paragraphs 2 and 3 of that Article shall be renumbered paragraphs 6 and 7:  "1. Member States may reduce the value and/or quantity of the goods which may be admitted duty free, down to one-tenth of the values and/or quantities provided for in Articles 2 and 4 (1), column II, where such goods are imported from another Member State by persons resident in the frontier zone of the importing Member State or in that of the neighbouring Member State, by frontier zone workers, or by the crew of the means of transport used in international travel.  However, duty free entitlement in respect of the goods listed below may be as follows: >PIC FILE= "T0010794">   2. Member States may set lower limits as to value and or quantity for the exemption of goods when they are imported from a third country by persons resident in the frontier zone, by frontier zone workers or by the crew of the means of transport used in travel between third countries and the Community.  3. Member States may set lower limits as to value and/or quantity for the exemption of goods when they are imported from another Member State by members of the armed forces of a Member State, including civilian personnel and spouses and dependent children, stationed in another Member State.  4. The restrictions in paragraphs 1 and 2 shall not apply where the persons referred to therein produce evidence to show that they are going beyond the frontier zone or that they are not returning from the frontier zone of the neighbouring Member State or third country.  These restrictions shall, however, still apply to frontier zone workers and to the crew of the means of transport used in international travel where they import goods when travelling in the course of their work.  5. For the purposes of paragraphs 1, 2 and 4:    - "frontier zone" means a zone which, as the crow flies, does not extend more than 15 kilometres from the frontier of a Member State. Each Member State must however include within its frontier zone the local administrative districts part of the territory of which lies within the zone;       - "frontier zone worker" means any person whose normal activities require that he should go to the other side of the frontier on working days."          Article 4 Article 6 of the Council Directive of 28 May 1969 shall be amended as follows:    (a) The text of that Article shall become paragraph 1 thereof:       (b) The following paragraphs shall be added:  "2. Without prejudice to rules relating to sales made at airport shops under customs control and on board aircraft, Member States may, as regards sale at the retail trade stage, authorize in the cases and under the conditions provided for in paragraphs 3 and 4 the remission of turnover tax on goods carried in the personal luggage of travellers leaving a Member State. No remission may be granted in respect of excise duty.  3. As regards travellers whose domicile or habitual residence is situated outside the Community, each Member State may set limits and lay down conditions of application in respect of tax remission.   As regards travellers whose domicile, habitual residence or place of work is situated in a Member State, there may be remission of tax only in respect of items the individual value of which, inclusive of tax, exceeds the amount specified in Article 2 (1).  Member States may increase that amount. They may furthermore exclude their residents from the benefit of this tax remission.  4. Remission of tax shall be subject:      (a) in the cases referred to in the first subparagraph of paragraph 3, to production of a copy of the invoice or other document in lieu thereof, endorsed by the customs of the exporting Member States to certify exportation of the goods;           (b) in the cases referred to in the second subparagraph of paragraph 3, to production of a copy of the invoice or other document in lieu thereof, endorsed by the customs of the Member State where final importation takes place or by another authority of that Member State competent in matters of turnover tax.    5. For the purposes of this Article:        - "domicile or habitual residence" means the place entered as such in a passport, identity card or, failing those, other identity documents which the exporting Member State recognizes as valid;               - "item" means a thing or a group of things which normally constitute a whole."                  Article 5 The following Article shall be inserted after Article 7 of the Council Directive of 28 May 1969:  "Article 7a  Member States shall, within the framework of intra-Community travel, take the necessary steps to enable travellers to confirm tacitly or by a simple oral declaration that they are complying with the authorized limits and conditions for the duty-free entitlements."   Article 6 1. Member States shall put into operation the measures required to comply:    - with Articles 1, 2, 3 and 5 of this Directive, not later than 1 July 1972;       - with Article 4 of this Directive, not later than 1 January 1973.         2. Each Member State shall inform the Commission of the measures which it adopts to implement this Directive.  The Commission shall communicate such information to the other Member States.   Article 7 This Directive is addressed to the Member States.     Done at Luxembourg, 12 June 1972.  For the Council  The President  J. DUPONG


title: Commission Directive 2006/14/EC of  6 February 2006  amending Annex IV to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

text:
               7.2.2006

               EN

               Official Journal of the European Union

               L 34/24

         COMMISSION DIRECTIVE 2006/14/EC
   of 6 February 2006
   amending Annex IV to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular point (d) of the second paragraph of Article 14 thereof,
   Whereas:

               (1)

               The FAO International Standard for Phytosanitary Measures (ISPM) No 15 on ‘Guidelines for regulating wood packaging material in international trade’ was adopted in March 2002 by the Fourth Interim Commission on Phytosanitary Measures (ICPM). The relevant provisions of Directive 2000/29/EC were brought in line with those Guidelines by Commission Directive 2004/102/EC of 5 October 2004 amending Annexes II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (2).

               (2)

               In addition to the measures approved under ISPM 15, Directive 2004/102/EC includes a requirement that imported wood packaging material be made from debarked round wood. ISPM No 15 made this an option subject to technical justification. The application of that requirement was postponed until 1 March 2006 by Council Directive 2005/15/EC of 28 February 2005 amending Annex IV to Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (3).

               (3)

               The Community has requested that ISPM No 15 be reviewed at international level to include a requirement addressing the Community’s concern about the presence of bark on such wood packaging material in international trade.

               (4)

               While the procedure for the review of ISPM No 15 is under way and pending the results of that review, the application of the Community requirement that wood packaging material imported from third countries be made from debarked round wood should be postponed temporarily.

               (5)

               Directive 2000/29/EC should therefore be amended accordingly.

               (6)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 2000/29/EC is amended as follows:

               1.

               In Annex IV, Part A, section I, point 2, the last paragraph at the end of the right hand column is replaced by the following:
               ‘The first indent, requiring wood packaging material to be made from debarked round wood, shall only apply from 1 January 2009. This paragraph shall be reviewed by 1 September 2007.’

               2.

               In Annex IV, Part A, section I, point 8, the last paragraph at the end of the right hand column is replaced by the following:
               ‘The first line of point (a), requiring wood packaging material to be made from debarked round wood, shall only apply from 1 January 2009. This paragraph shall be reviewed by 1 September 2007.’

         Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 28 February 2006 at the latest.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such a reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the third day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 6 February 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2005/77/EC (OJ L 296, 12.11.2005, p. 17).

      (2)  OJ L 309, 6.10.2004, p. 9.

      (3)  OJ L 56, 2.3.2005, p. 12.


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31982L0474

Fortieth Commission Directive 82/474/EEC of 23 June 1982 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 213 , 21/07/1982 P. 0022 - 0026

++++( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 2 ) OJ NO L 42 , 13 . 2 . 1982 , P . 16 .  FORTIETH COMMISSION DIRECTIVE OF 23 JUNE 1982 AMENDING THE ANNEXES TO COUNCIL DIRECTIVE 70/524/EEC CONCERNING ADDITIVES IN FEEDINGSTUFFS  ( 82/474/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  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 THE THIRTY-NINTH COMMISSION DIRECTIVE 82/91/EEC ( 2 ) , AND IN PARTICULAR ARTICLE 6 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 ADDITIONAL RESEARCH HAS REVEALED NEW USES FOR THE ANTIBIOTIC " VIRGINIAMYCIN " AND THE COCCIDIOSTATS " MONENSIN SODIUM " AND " ROBENIDINE " ; WHEREAS THESE NEW USES SHOULD THEREFORE BE AUTHORIZED IN THE COMMUNITY ON CERTAIN CONDITIONS ;  WHEREAS THE CURRENT PROVISIONS OF THE DIRECTIVE SHOULD BE AMENDED TO ALLOW ALL COLOURING MATTERS ADDED TO FOODSTUFFS OR USED TO DENATURE FOODSTUFFS IN ACCORDANCE WITH COMMUNITY LEGISLATION TO BE PERMITTED IN FEEDINGSTUFFS WHERE SUCH COLOURING MATTERS ARE PRESENT IN THE INGREDIENTS USED IN THEIR MANUFACTURE ; WHEREAS THE PROVISIONS GOVERNING THE USE OF COPPER IN FEEDINGSTUFFS SHOULD ALSO BE AMENDED ;  WHEREAS THE USE OF " NARASIN " AND " SALINOMYCINE SODIUM " AS COCCIDIOSTATS HAS BEEN TESTED SUCCESSFULLY IN SOME MEMBER STATES ; WHEREAS SUCH USE SHOULD BE PERMITTED AT NATIONAL LEVEL AT LEAST , PROVISIONALLY AND ON CERTAIN CONDITIONS , UNTIL SUCH TIME AS IT IS PERMITTED AT COMMUNITY LEVEL ;  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 FIXED PERIOD ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE ANNEXES TO DIRECTIVE 70/524/EEC ARE HEREBY AMENDED AS FOLLOWS : ( SEE O.J . NO L 213 OF 21 . 7 . 82 )  ARTICLE 2  THE MEMBER STATES SHALL , ON 1 DECEMBER 1982 , BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH POINT 1 OF ARTICLE 1 , AND SHALL IMMEDIATELY INFORM THE COMMISSION THEREOF .  ARTICLE 3  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 23 JUNE 1982 .  FOR THE COMMISSION  POUL DALSAGER  MEMBER OF THE COMMISSION


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31989L0344

Council Directive 89/344/EEC of 3 May 1989 amending, for the ninth time, Directive 73/241/EEC on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption

Official Journal L 142 , 25/05/1989 P. 0019 - 0019 Finnish special edition: Chapter 13 Volume 19 P. 0017  Swedish special edition: Chapter 13 Volume 19 P. 0017

COUNCIL DIRECTIVE of 3 May 1989 amending, for the ninth time, Directive 73/241/EEC on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption (89/344/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  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 Act of Accession of Spain and Portugal authorized the Kingdom of Spain to continue to place on its internal market, until 31 December 1987, products of the type 'familiar a la taza' and 'a la taza' under the name of chocolate;  Whereas Directive 73/241/EEC (3), as last amended by the Act of Accession, did not define in Annex I chocolate of this type containing flours and/or starches and intended for consumption after cooking;  Whereas the situation could lead to the prohibition of the sale of this product, which would be undesirable; whereas Directive 73/241/EEC should therefore be amended,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The following is added to Article 14 (2) of Directive 73/241/EEC:  '(g)  authorizing the marketing under the name of "chocolate familiar a la taza" and "chocolate a la taza" of chocolate containing flours and/or starches and intended for consumption with milk after cooking, not defined in Annex I;'.  Article 2 With effect from 1 January 1988, Member States shall, where necessary, amend their national legislation in order to comply with this Directive. They shall forthwith inform the Commission thereof.  Article 3 This Directive is addressed to the Member States.   Done at Brussels, 3 May 1989.  For the Council The President P. SOLBES   (1) OJ No C 290, 14. 11. 1988, p. 137; OJ No C 96, 17. 4. 1989. (2) OJ No C 80, 28. 3. 1988, p. 4. (3) OJ No L 228, 16. 8. 1973, p. 23.


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31981L0962

Council Directive 81/962/EEC of 24 November 1981 amending for the third time Directive 70/357/EEC on the approximation of the laws of the Member States concerning the antioxidants authorized for use in foodstuffs intended for human consumption

Official Journal L 354 , 09/12/1981 P. 0022 - 0022 Finnish special edition: Chapter 13 Volume 11 P. 0219  Spanish special edition: Chapter 13 Volume 12 P. 0080  Swedish special edition: Chapter 13 Volume 11 P. 0219  Portuguese special edition Chapter 13 Volume 12 P. 0080

COUNCIL DIRECTIVE of 24 November 1981 amending for the third time Directive 70/357/EEC on the approximation of the laws of the Member States concerning the antioxidants authorized for use in foodstuffs intended for human consumption (81/962/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  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 Article 2 of Directive 70/357/EEC (4), as last amended by Directive 78/143/EEC (5), permits Member States to maintain until 31 December 1980 the provisions of their national laws permitting the use of calcium disodium ethylene diamine teta-acetate in foodstuffs and of ethoxyquin for the treatment of apples and pears;  Whereas calcium disodium ethylene diamine tetra-acetate cannot be accepted at Community level in the present state of knowledge on the use of this substance;  Whereas, nevertheless, this substance may be authorized temporarily at national level by Member States;  Whereas it is not yet possible to take a final decision as to whether or not the use of ethoxyquin should be authorized at Community level for the treatment of apples and pears, but whereas in any case such treatment cannot be regarded as having an antioxident effect, and, as a result, the substance concerned does not fall within Directive 70/357/EEC;  Whereas the substance E 303 is no longer used in foodstuffs,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 70/357/EEC shall be amended as follows:    1. Article 2 shall be replaced by the following:  "Article 2  1. By way of derogation from Article 1, Member States may authorize in their territory the use of calcium disodium ethylene diamine tetra-acetate in foodstuffs until 31 December 1986.  2. Before that date the Commission shall re-examine the provisions of paragraph 1 and propose any necessary amendments to the Council."   2. The substance E 303 "5,6-diacetyl-L-ascorbic acid (ascorbyl diacetate)" shall be deleted from Part I of the Annex.          Article 2 Article 1 (1) shall take effect on 1 January 1981.   Article 3 Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 1 December 1982 and shall forthwith inform the Commission thereof.   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 24 November 1981.  For the Council  The President  N. RIDLEY  (1) OJ No C 208, 13.8.1980, p. 5. (2) OJ No C 327, 15.12.1980, p. 8. (3) OJ No C 348, 31.12.1980, p. 4. (4) OJ No L 157, 18.7.1970, p. 31. (5) OJ No L 44, 5.2.1978, p. 18.


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31980L0392

Council Directive 80/392/EEC of 18 March 1980 amending Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products

Official Journal L 100 , 17/04/1980 P. 0032 - 0034 Greek special edition: Chapter 03 Volume 28 P. 0117  Spanish special edition: Chapter 03 Volume 17 P. 0224  Portuguese special edition Chapter 03 Volume 17 P. 0224  Finnish special edition: Chapter 3 Volume 65 P. 0018  Swedish special edition: Chapter 3 Volume 65 P. 0018

COUNCIL DIRECTIVE  of 18 March 1980  amending Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products  (80/392/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas by its Directive 77/93/EEC (2) 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 the adoption of the said Directive, it should be amended for the reasons given below;  Whereas the International Plant Protection Convention of 6 December 1951, despite the recommendations put forward at the United Nations Food and Agricultural Organization (FAO) consultations of 1976 and 1979, has not been amended in such a way as to follow the introduction of the specimen certificates provided for in the Directive ; whereas, therefore, the specimen certificates set out in the current version of the Convention should be allowed for a transitional period;  Whereas, in the case of seeds, the measures to ensure compliance with the requirements laid down in the Directive are to be determined at Community level ; whereas the period specified for this purpose has not been sufficient and should therefore be extended;  Whereas in the case of importations of plants or plant products from non-member countries the authorities responsible in such countries for issuing certificates should be, in principle, those empowered under the International Plant Protection Convention ; whereas it could be desirable to establish lists of these authorities;  Whereas the measures laid down in the Directive in the case of oak wood in the round to protect the Community against the introduction of oak wilt (Ceratocystis fagacearum) into the Community have on the one hand proved insufficient and on the other unnecessarily strict ; whereas, in the interests of effective protection, a basis should be established for the extension of such measures to sawn oak timber ; whereas the Member States should also be given the power to permit, under certain conditions to be determined beforehand at Community level, derogations from the general requirements on oak wilt and similar cases;  Whereas it is useful, furthermore, to clarify certain provisions of the Directive;  Whereas also the date of the implementation of the Directive by the Member States should be adjusted to take into account existing difficulties,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 77/93/EEC is hereby amended as follows:    1. Article 2 (2) shall be replaced by the following:  "2. This Directive, save where it expressly provides otherwise, concerns wood only in so far as it retains all or part of its natural round surface, with or without bark.";       2. the following sentence shall be added to Article 5 (1):  "The plant products listed in Annex IV, Part A (1) to (5) may not be introduced into their territory unless accompanied by an official certificate stating the country in which these products originate.";       3. in Article 5 (2), (c) shall be deleted;  (1)OJ No C 289, 19.11.1979, p. 42. (2)OJ No L 26, 31.1.1977, p. 20.        4. in Article 6 (3) of the Danish version the word "indføres" shall be replaced by "føres ind";       5. in Article 7 (1), first sentence, "(1) and (2)" shall be added after the words "in Article 6";       6. the following subparagraph shall be added to Article 7 (1):  "By way of derogation from the first subparagraph, the phytosanitary certificate shall, for a transitional period, be in accordance with the specimen set out in the Annex to the International Plant Protection Convention of 6 December 1951 in its original version. The date of expiry of the abovementioned period shall be fixed in accordance with the procedure laid down in Article 16.";       7. in Article 7 (3) the words "by 31 December 1980 at the latest" shall be substituted for the words "before expiry of the period referred to in Article 20 (1) (b).";       8. the following subparagraph shall be added to Article 8 (2):  "Remaining stocks of certificates in accordance with a specimen used previously for re-forwarding may be used until 31 December 1980.";       9. Article 9 (1) shall be replaced by the following:  "1. Without prejudice to Articles 7 and 8, Member States shall lay down that the plants, plant products and other objects which originate in a Member State or in a non-member country and are listed in Annex IV, Part A, except those in 1, 3 (b), 4 (b), 5 and 6 shall not be introduced into another Member State unless accompanied by an official phytosanitary certificate in accordance with the specimen in Annex VIII, Part A, issued in the country in which they originate, or by a certified copy of that certificate.";       10. in Article 10 (1) of the Danish version the word "indføres" shall be replaced by "føres ind";       11. in Article 11 (1) (a) of the Danish version the words "certifikater forelaegges" shall be replaced by "certifikater ikke forelaegges";       12. in the last sentence of Article 11 (3) of the Danish version the word "indførslerne" shall be replaced by "sendingerne";       13. the words preceding the indents in Article 12 (1) (a) shall be replaced by the following:  "(a) that these plants, plant products and other objects and their packaging shall be meticulously inspected on an official basis, either in their entirety or by representative sample, and that, if necessary, the vehicles transporting them shall also be inspected meticulously on an official basis in order to make sure as far as can be determined:";       14. the following sentences shall be added to Article 12 (1) (b):  "The certificates shall be issued by authorities empowered for this purpose under the International Plant Protection Convention, or, in the case of non-contracting countries, on the basis of laws or regulations of the country. In accordance with the procedure laid down in Article 16, lists of the authorities empowered by the various non-member countries to issue certificates may be established.";       15. in Article 12 (4) of the Danish version the word "indførsler" shall be replaced by "sendinger";       16. in Article 14 (1) (a) (iv) the words "from Articles 5 to 10 and 12 in the case of:" shall be substituted for "from Articles 5, 10 and 12 in the case of:";       17. Article 14 (1) (c) (ii) of the Dutch version shall be replaced by the following text:  "(ii) van artikel 5, lid 1, en van artikel 12, lid 1, sub a), derde streepje, voor wat de in bijlage IV, deel A, punten 1 en 5, bedoelde eis betreft,";       18. Article 14 (3) shall be replaced by the following:  "3. In accordance with the procedure laid down in Article 16, Member States may be authorized on request to provide for derogations, in so far as such derogations are not yet allowed under paragraph 1:      - from Article 4 (1) with regard to Annex III, Part A.9 and from Article 5 (1) and the third indent of Article 12 (1) (a) with regard to Annex IV Part A24a, for trial or scientific purposes and for work on varietal selection,           - from Article 4 (1) with regard to Annex III, Part A.1 to 8 and 10 and from Article 5 (1) and the third indent of Article 12 (1) (a) with regard to the requirements referred to in Annex IV, Part A. 2, 3 and 4,             provided that it is established that the risk of spreading harmful organisms is obviated by one or more of the following factors:       - the origin of the plants or plant products,           - appropriate treatment,           - special precautions for the use of the plants or plant products.";                  19. in Article 14 (4) of the Danish version the words "tilfaelde, dersom" should be replaced by "tilfaelde af, at";       20. in Article 19 (a) of the Danish version the words "på friske partier frugt" shall be replaced by "på partier af frisk frugt";       21. Article 20 (1) shall be replaced by the following:  "1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply:      (a) with the restrictions laid down in Article 11 (3) within a period of four years from the notification of this Directive;           (b) with the other provisions of this Directive by 1 May 1980 at the latest.";                  22. Article 20 (2) shall become Article 20 (3) and the following paragraph shall be inserted:  "2. In accordance with the procedure laid down in Article 16, Member States may be authorized, on request, to comply with certain of the provisions of this Directive by a date later than that referred to in (b) of paragraph 1 above, but not later than 1 January 1981.".          Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 May 1980 at the latest.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 18 March 1980.  For the Council  The President  A. RUFFINI