Avis juridique important

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31989L0608

Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters

Official Journal L 351 , 02/12/1989 P. 0034 - 0037 Finnish special edition: Chapter 3 Volume 30 P. 0216  Swedish special edition: Chapter 3 Volume 30 P. 0216

*****COUNCIL  DIRECTIVE  of 21 November 1989  on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters  (89/608/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  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, in the agricultural sector, far-reaching rules have been introduced in the veterinary and zootechnical area;  Whereas the smooth functioning of the common agricultural policy and of the common market for agricultural products, and also the prospect of the abolition of veterinary checks at frontiers with a view to achieving the internal market for products subject to such checks, render it necessary to reinforce cooperation between the authorities responsible in each Member State for the application of veterinary and zootechnical rules;  Whereas it is therefore appropriate to establish rules according to which the competent authorities of the Member States must mutually provide each other with assistance and cooperate with the Commission so as to ensure the proper application of veterinary and zootechnical rules, in particular by the prevention and detection of infringements of such rules and detection of any activity which is or seems to be contrary thereto;  Whereas, in order to establish these rules, inspiration should be sought, as far as possible, from the Community provisions established by Council Regulation (EEC) No 1468/81 of 19 May 1981 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs or agricultural matters (4), as amended by Regulation (EEC) No 945/87 (5); whereas account should also be taken of the specificity of health rules,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Directive lays down the ways in which the competent authorities responsible in the Member States for monitoring legislation on veterinary and zootechnical matters shall cooperate with those in the order Member States and with the relevant Commission departments in order to ensure compliance with such legislation.  Article 2  1. For the purposes of this Directive:  - 'legislation on veterinary matters' shall mean all Community provisions and provisions which contribute to the application of Community rules governing animal health, public health as related to  the veterinary sector, health inspection of animals, meat and other products of animal origin, and animal protection.  - 'legislation on zootechnical matters' shall mean all Community provisions and provisions which contribute to the application of Community rules on zootechnical matters,  - 'applicant authority' shall mean the competent authority of a Member State which makes a request for assistance,  - 'requested authority' shall mean the competent authority of a Member State to which a request for assistance is made.  2. Each Member State shall communicate to the other Member States and to the Commission a list of the competent authorities referred to in Article 1.  Article 3  The obligation to provide assistance laid down by this Directive shall not concern the provision of information or documents obtained by the competent authorities referred to in Article 1 under powers exercised by them at the request of the judicial authority.  However, in the case of an application for assistance, such information or documents shall be provided, without prejudice to Article 14, in all cases where the judicial authority, which must be consulted to that effect, gives its consent.  TITLE I  Assistance on request  Article 4  1. At the request, which shall be duly reasoned, of the applicant authority, the requested authority shall  - communicate to the applicant authority all information, attestations, documents or certified copies thereof in its possession or which it can obtain as prescribed in paragraph 2 and which are such as to enable it to check that the provisions laid down in legislation on veterinary and zootechnical matters have been complied with,  - carry out any relevant inquiry into the accuracy of the facts notified by the applicant authority and inform it of the outcome of such inquiries including the information that was necessary for such inquiries.  2. In order to obtain this information, the requested authority or the administrative authority which it has addressed shall proceed as though it were acting on its own account or at the request of another authority in its own country.  Article 5  1. At the request of the applicant authority, the requested authority shall, while observing the rules in force in the Member State in which it is situated, notify the applicant authority or have it notified of all instruments or decisions which emanate from the competent authorities and concern the application of legislation on veterinary or zootechnical matters.  2. Requests for notification, mentioning the subject of the act or decision to be communicated, shall, at the request of the requested authority, be accompanied by a translation in the official language or one of the official languages of the Member State in which the requested authority is situated.  Article 6  At the request of the applicant authority, the requested authority shall keep a watch or arrange for a watch to be kept or to be reinforced within its operational area where such irregularities are suspected, in particular:  (a) on establishments;  (b) on places where stocks of goods have been assembled;  (c) on notified movements of goods;  (d) on means of transport.  Article 7  At the request of the applicant authority, the requested authority shall supply to it any relevant information in its possession or which it obtains in accordance with Article 4 (2), in particular in the form of reports and other documents or certified copies of or extracts from such reports or documents, concerning operations actually detected which appear to the applicant authority to be contrary to legislation on veterinary or zootechnical matters.  TITLE II  Spontaneous assistance  Article 8  1. The competent authorities of each Member State shall, as laid down in paragraph 2, spontaneously assist the competent authorities of the other Member States without prior request of the latter.  2. Where they consider it useful in connection with compliance with the legislation on veterinary or zootechnical matters, the competent authorities of each Member State shall:  (a) as far as possible keep the watch referred to in Article 6 or arrange for such watch to be kept;  (b) communicate to the competent authorities of the other Member States concerned as soon as possible all available information, in particular in the form of reports and other documents or copies of or extracts from such reports or documents, concerning operations which are or appear to them to be contrary to legislation on veterinary or zootechnical matters, and particularly the means or methods used to carry out such operations.  TITLE III  Final provisions  Article 9  1. The competent authorities of each Member State shall communicate to the Commission as soon as it is available to them: (a) any information they consider useful concerning:  - goods which have been or are suspected of having been the subject of transactions contrary to legislation on veterinary or zootechnical matters,  - the methods or processes used or suspected of having been used to contravene such legislation;  (b) any information on deficiencies of, or lacunae in, the said legislation which application thereof has revealed or suggested.  2. The Commission shall communicate to the competent authorities of each Member State, as soon as it is available to it, any information which is such as to enable compliance with legislation on veterinary or zootechnical matters to be enforced.  Article 10  1. Where the competent authorities of a Member State become aware of operations which are, or appear to be, contrary to the rules on veterinary or zootechnical matters and which are of particular interest at Community level, and in particular:  - where they have, or might have, ramifications in other Member States, or  - where it appears to the said authorities likely that similar operations have been also carried out in other Member States,  those authorities shall communicate to the Commission as quickly as possible, either on their own initiative or at the reasoned request of the Commission, all relevant information, where appropriate in the form of documents or copies or extracts from documents, necessary to determine the facts so as to enable the Commission to coordinate the action undertaken by the Member States.  The Commission shall pass this information on to the competent authorities of the other Member States.  2. Where the communications referred to in paragraph 1 concerning cases likely to create risks for human health, and in the absence of other methods of prevention, the information in question may, after contact between the parties and the Commission, be the object of a reasoned notice to the public.  3. Information relating to natural or legal persons shall be communicated as provided for in paragraph 1 only to the extent strictly necessary to enable operations which are contrary to legislation on veterinary or zootechnical matters to be noted.  4. Where the competent authorities of a Member State make use of paragraph 1, they need not communicate information as provided in Articles 8 (2) (b) and 9 to the competent authorities of the other Member States concerned.  Article 11  The Commission and the Member States meeting within the Standing Veterinary Committee or the Standing Zootechnical Committee shall:  - examine, in general terms, the operation of the mutual assistance arrangements provided for in this Directive,  - examine the relevant information communicated to the Commission pursuant to Articles 9 and 10 - and the procedures for such communication - with a view to drawing conclusions.  In the light of that examination the Commission shall, if necessary, suggest amendments to existing Community provisions or the drawing-up of additional ones.  Article 12  For the purposes of applying this Directive, Member States shall take all the necessary steps to:  (a) ensure smooth internal coordination between the competent authorities referred to in Article1;  (b) establish, in their mutual relations and as required, direct cooperation between the authorities they specially empower to this end.  Article 13  1. This Directive shall not oblige the competent authorities of the Member States to grant each other assistance where to do so would be likely to prejudice public policy or any other fundamental interests of the State in which they are situated.  2. Reasons shall be stated for any refusal to grant assistance.  Article 14  The supply of documents provided for in this Directive may be replaced by the supply of computerized information produced in any form for the same purpose.  Article 15  1. Any information communicated in whatever form pursuant to this Directive shall be of a confidential nature. It shall be covered by the obligation of professional secrecy and shall enjoy the protection extended to like information under both the national law of the Member State which received it and the corresponding provisions applying to Community bodies.  The information referred to in the first subparagraph may not, in particular, be sent to persons other than those in the Member States or within the Community institutions whose duties require that they have access to it. Nor many it be used for purposes other than those provided for in this Directive, unless the authority supplying it has expressly agreed and insofar as the provisions in force, in the Member State where the authority which received it is situated do not object to such communication or use.  The information provided for under this Directive shall nonly be communicated to the applicant authority to the extent there is nothing to the contrary in the provisions in force in the Member State or requested authority.  Member States shall ensure that information obtained under the mutual assistance scheme remains confidential, even after a matter has been closed.  2. Paragraph 1 shall not impede the use of information obtained pursuant to this Directive in any legal actions or proceedings subsequently instituted for failure to comply with legislation on veterinary or zootechnical matters on or in the prevention and discovery of irregularities detrimental to Community funds.  The competent authority of the Member State which supplied this information shall be informed forthwith of such utilization.  Article 16  Member States shall communicate to the Commission and to the other Member States the bilateral mutual assistance agreements between veterinary administrations concluded with third countries.  The Commission shall, for its part, communicate to the Member States agreements of the same nature that it concludes with third countries.  Article 17  Member States shall mutually waive claims for the reimbursement of expenses incurred pursuant to this Directive except, where appropriate, in respect of fees paid to experts.  Article 18  This Directive shall not affect the application in the Member States of the rules on mutual assistance in criminal matters.  Article 19  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1991. They shall forthwith inform the Commission thereof.  Article 20  This Directive is addressed to the Member States.  Done at Brussels, 21 November 1989.  For the Council  The President  H. NALLET  (1) OJ No C 225, 31. 8. 1988, p. 4.  (2) OJ No C 326, 19. 12. 1988, p. 28.  (3) OJ No C 56, 6. 3. 1989, p. 7.  (4) OJ No L 144, 2. 6. 1981, p. 1.  (5) OJ No L 90, 2. 4. 1987, p. 3.


title: Directive 2009/78/EC of the European Parliament and of the Council of 13 July 2009 on stands for two-wheel motor vehicles (Text with EEA relevance)

text:
               3.9.2009

               EN

               Official Journal of the European Union

               L 231/8

      DIRECTIVE 2009/78/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 13 July 2009
   on stands for two-wheel motor vehicles
   (codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 93/31/EEC of 14 June 1993 on stands for two-wheel motor vehicles (3) has been substantially amended (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Directive 93/31/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles as replaced by Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (5) and lays down technical prescriptions concerning the design and construction of two-wheel motor vehicles as regards their stands. These technical prescriptions concern the approximation of the laws of the Member States to allow for the EC type-approval procedure provided for in Directive 2002/24/EC to be applied in respect of each type of vehicle. Consequently the provisions laid down in Directive 2002/24/EC relating to vehicle systems, components and separate technical units apply to this Directive.

               (3)

               Since the objective of this Directive, namely the granting of EC component type-approval in respect of the stand for a type of two-wheel motor vehicle, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

               (4)

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

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   This Directive shall apply to stands for all types of two-wheel motor vehicles as referred to in Article 1 of Directive 2002/24/EC.
   Article 2
   The procedure for the granting of EC component type-approval in respect of the stand for a type of two-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as laid down in Chapters II and III of Directive 2002/24/EC.
   Article 3
   The amendments necessary to adapt to technical progress the requirements of Annex I shall be adopted in accordance with the procedure referred to in Article 18(2) of Directive 2002/24/EC.
   Article 4
   1.   Member States may not, on grounds relating to stands:

               —

               refuse to grant EC type-approval for a type of two-wheel motor vehicle, or,

               —

               prohibit the registration, sale or entry into service of two-wheel motor vehicles,

         if the stands of those vehicles comply with the requirements of this Directive.
   2.   Member States shall refuse to grant EC type-approval for any new type of two-wheel motor vehicle on grounds relating to stands if the requirements of this Directive are not fulfilled.
   3.   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 5
   Directive 93/31/EEC, as amended by the Directive listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.
   Article 6
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2010.
   Article 7
   This Directive is addressed to the Member States.

      Done at Brussels, 13 July 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         E. ERLANDSSON

      (1)  OJ C 234, 30.9.2003, p. 20.

      (2)  Opinion of the European Parliament of 25 September 2007 (OJ C 219 E, 28.8.2008, p. 66) and Council Decision of 7 July 2009.

      (3)  OJ L 188, 29.7.1993, p. 19.

      (4)  See Annex II, Part A.

      (5)  OJ L 124, 9.5.2002, p. 1.

      ANNEX I
      1.   DEFINITIONS
      For the purposes of this Directive:

                  1.1.

                  ‘stand’ means a device that is firmly attached to the vehicle and is able to maintain the vehicle in its vertical (or almost vertical) parking position when left unattended by its driver;

                  1.2.

                  ‘prop stand’ means a stand which, when extended or swung into the open position, supports the vehicle on one side only, while leaving both wheels in contact with the supporting surface;

                  1.3.

                  ‘centre stand’ means a stand which, when swung into the open position, supports the vehicle by providing one or several areas of contact between the vehicle and the supporting surface either side of the median longitudinal plane of the vehicle;

                  1.4.

                  ‘transverse tilt (tt)’ means the gradient, expressed as a percentage, of the actual supporting surface, the intersection of the median longitudinal plane of the vehicle and the supporting surface being perpendicular to the line of maximum gradient (figure 1);

                  1.5.

                  ‘longitudinal tilt (lt)’ means the gradient, expressed as a percentage, of the actual supporting surface, the median longitudinal plane of the vehicle being parallel to the line of maximum gradient (figure 2);

                  1.6.

                  ‘median longitudinal plane of the vehicle’ means the longitudinal plane of symmetry of the rear wheel of the vehicle.

            2.   GENERAL REQUIREMENTS

                  2.1.

                  All two-wheel vehicles shall be fitted with at least one stand in order to keep them steady when stationary (e.g. when parked) but not held in a static position by a person or external means. Twin-wheel vehicles need not be fitted with stands but must meet the requirements set out in point 6.2.2 when in a parking position (parking brake applied).

                  2.2.

                  The stand must be of either a prop or a centre type, or both.

                  2.3.

                  Where the stand swivels about the lower part of or below the vehicle the outer edge(s) of that stand must swing to the rear of the vehicle in order to attain the closed or travelling position.

            3.   SPECIFIC REQUIREMENTS
      3.1.   Prop stands

                  3.1.1.

                  Prop stands must:

                              3.1.1.1.

                              be able to support the vehicle in such a way as to provide lateral stability whether the vehicle is on a horizontal supporting surface or on a slope in order to prevent its leaning further too easily (and in so doing rotating about the point of support provided by the prop stand) or moving too easily into a vertical position and beyond (and in so doing does not swing over to the side opposite the prop stand);

                              3.1.1.2.

                              be able to support the vehicle in such a way as to maintain stability when the vehicle is parked on a slope in accordance with point 6.2.2;

                              3.1.1.3.

                              be able to swing back automatically into the retracted or travelling position:

                                          3.1.1.3.1.

                                          when the vehicle returns to its normal (vertical) driving position;
                                          or

                                          3.1.1.3.2.

                                          when the vehicle moves forward as a result of deliberate action by the driver;

                              3.1.1.4.

                              notwithstanding the requirements set out in point 3.1.1.3, be designed and constructed in such a way that they do not close automatically if the angle of lean is altered unexpectedly (for example, if the vehicle is pushed lightly by a third party or by a gust of wind arising from the passage of a vehicle):

                                          3.1.1.4.1.

                                          once in the extended or parking position;

                                          3.1.1.4.2.

                                          the vehicle being leaned in order to bring the outer extremity of the prop stand into contact with the ground;
                                          and

                                          3.1.1.4.3.

                                          the vehicle being left unattended in its parking position.

                  3.1.2.

                  The requirements set out in point 3.1.1.3 do not apply if the vehicle is designed in such a way that it cannot be propelled by its engine when the prop stand is extended.

            3.2.   Centre stands

                  3.2.1.

                  Centre stands must:

                              3.2.1.1.

                              be able to support the vehicle with either one or both wheels in contact with the supporting surface or without any of the wheels being in contact with that surface in such a way as to confer stability on that vehicle:

                                          3.2.1.1.1.

                                          on a horizontal supporting surface;

                                          3.2.1.1.2.

                                          in a leaning position;

                                          3.2.1.1.3.

                                          on a slope in accordance with point 6.2.2;

                              3.2.1.2.

                              be able to fold backwards automatically into the retracted or travelling position:

                                          3.2.1.2.1.

                                          when the vehicle moves forward in such a way as to raise the centre stand from the supporting surface.

                  3.2.2.

                  The requirements set out in point 3.2.1.2 do not apply if the vehicle is designed in such a way that it cannot be propelled by its engine when the centre stand is extended.

            4.   OTHER REQUIREMENTS

                  4.1.

                  Moreover, vehicles may be fitted with a tell-tale that is clearly visible to the rider when seated in the driving position and which, when the ignition is switched on, lights up and remains so until the stand is in its retracted or travelling position.

                  4.2.

                  All stands shall be provided with a retention system which holds them in the retracted or travelling position. That system may consist of either:

                              —

                              two independent devices such as two separate springs or one spring and one retaining device such as a clip,
                              or

                              —

                              a single device which must be able to operate without failing for at least,

                                          —

                                          10 000 normal-use cycles if the vehicle has been fitted with two stands,
                                          or

                                          —

                                          15 000 normal-use cycles if the vehicle is fitted with only one stand,

            5.   STABILITY TESTS
      5.1.   The following tests must be carried out in order to determine the capacity for holding the vehicle in a stable condition as specified in points 3 and 4.
      5.2.   State of the vehicle

                  5.2.1.

                  The vehicle must be submitted at its kerb mass.

                  5.2.2.

                  The tyres must be inflated to a pressure recommended by their manufacturer for that state.

                  5.2.3.

                  The transmission must be in neutral or, in the case of an automatic transmission, in the ‘parking’ position where such exists.

                  5.2.4.

                  If the vehicle is fitted with a parking brake, it must be applied.

                  5.2.5.

                  The steering shall be locked in position. If the steering is able to be locked when it is turned to either the left or the right the tests must be carried out in both positions.

            5.3.   Test pad

                  5.3.1.

                  A flat, horizontal pad having a hard surface that is dry and free from grains of sand may be used for the tests referred to in point 6.1.

            5.4.   Test equipment

                  5.4.1.

                  A parking platform must be used for the tests referred to in point 6.2.

                  5.4.2.

                  The parking platform must have a rigid, flat, rectangular surface which is able to support the vehicle without perceptible flexing.

                  5.4.3.

                  The surface of the parking platform must possess sufficient anti-skid properties to prevent the vehicle from sliding across the supporting surface during the tilt or lean tests.

                  5.4.4.

                  The parking platform shall be designed in such a way as to be able to assume at least the transverse tilt (tt) and the longitudinal tilt (lt) required by point 6.2.2.

            6.   TEST PROCEDURES
      6.1.   Stability on a horizontal supporting surface
         (test for point 3.1.1.4)

                  6.1.1.

                  With the vehicle on the test pad the prop stand is extended or moved into the parking position and the vehicle is brought to rest upon it.

                  6.1.2.

                  The vehicle is moved in order to increase by three degrees the angle formed by the median longitudinal plane and the supporting surface (by moving the vehicle towards the vertical).

                  6.1.3.

                  This movement must not cause the prop stand to return automatically to its retracted or travelling position.

            6.2.   Stability on an inclined surface
         (tests associated with points 3.1.1.1, 3.1.1.2, 3.2.1.1.2 and 3.2.1.1.3)

                  6.2.1.

                  The vehicle is placed on the parking platform with the prop stand and, separately, the centre stand in the extended or parking position and the vehicle is allowed to rest on the stand.

                  6.2.2.

                  The parking platform is shifted to its minimum transverse tilt (tt) and then, separately, to its minimum longitudinal tilt (lt) in accordance with the following table:

                              Tilt

                              Prop stand

                              Centre stand

                              Moped

                              Motorcycle

                              Moped

                              Motorcycle

                              tt (left and right)

                              5 %

                              6 %

                              6 %

                              8 %

                              Downstream lt

                              5 %

                              6 %

                              6 %

                              8 %

                              Upstream lt

                              6 %

                              8 %

                              12 %

                              14 %

                        See figures 1a, 1b and 2.

                  6.2.3.

                  Where a vehicle on a tilted parking platform rests on the centre stand and just one wheel and may be maintained in that position with the centre stand and either the front or the rear wheel in contact with the supporting surface, the tests described above must be conducted solely with the vehicle resting on the centre stand and rear wheel provided that the other requirements set out in this point are met.

                  6.2.4.

                  The vehicle must remain stable when the parking platform is tilted by each of the required amounts and the above requirements have duly been met.

                  6.2.5.

                  Alternatively the parking platform may be tilted by the required amounts before the vehicle is moved into position.

         Figure 1a

         Transverse tilt

         Figure 1b

         Transverse tilt

         Figure 2

         Longitudinal tilt upstream

         Longitudinal tilt downstream

         Appendix 1

            Information document in respect of stands for a type of two-wheel motor vehicle

         (to be attached to the application for EC component type-approval where this is submitted separately from the application for EC vehicle type-approval)
         Order No (assigned by the applicant): …
         The application for EC component type-approval in respect of stands for a type of two-wheel motor vehicle must contain the information set out under the following points in Annex II to Directive 2002/24/EC:

                     —

                     Part 1, section A, points:

                                 —

                                 0.1,

                                 —

                                 0.2,

                                 —

                                 0.4 to 0.6,

                                 —

                                 2.1,

                                 —

                                 2.1.1,

                     —

                     Part 1, section B, point:

                                 —

                                 1.3.1.

         Appendix 2

      ANNEX II
      PART A

         Repealed Directive with its amendment

      (referred to in Article 5)

                  Council Directive 93/31/EEC

                  (OJ L 188, 29.7.1993, p. 19).

                  Commission Directive 2000/72/EC

                  (OJ L 300, 29.11.2000, p. 18).

            PART B

         List of time-limits for transposition into national law and application

      (referred to in Article 5)

                  Directive

                  Time-limit for transposition

                  Date of application

                  93/31/EEC

                  14 December 1994

                  14 June 1995 (1)

                  2000/72/EC

                  31 December 2001

                  1 January 2002 (2)

         (1)  In conformity with the third subparagraph of Article 4(1) of Directive 93/31/EEC:

         ‘From the date mentioned in the first subparagraph Member States may not, for reasons connected with the stands, prohibit the initial entry into service of vehicles which conform to this Directive’.

      The said date is 14 December 1994; see the first subparagraph of Article 4(1) of Directive 93/31/EEC.

         (2)  In conformity with Article 2 of Directive 2000/72/EC:

         ‘1.   With effect from 1 January 2002, Member States may not, on grounds relating to stands:

                     —

                     refuse to grant EC type-approval for a type of two-wheel motor vehicle, or,

                     —

                     prohibit the registration, sale or entry into service of two-wheel motor vehicles,

               if the stands of those vehicles comply with the requirements of Directive 93/31/EEC, as amended by this Directive.
         2.   With effect from 1 July 2002, Member States shall refuse to grant EC type-approval for any new type of two-wheel motor vehicle on grounds relating to stands if the requirements of Directive 93/31/EEC, as amended by this Directive, are not fulfilled.’.

      ANNEX III

         CORRELATION TABLE

                  Directive 93/31/EEC

                  Directive 2000/72/EC

                  This Directive

                  Articles 1, 2 and 3

                  Articles 1, 2 and 3

                  Article 4(1)

                  —

                  Article 2(1)

                  Article 4(1)

                  Article 2(2)

                  Article 4(2)

                  Article 4(2)

                  Article 4(3)

                  —

                  Article 5

                  —

                  Article 6

                  Article 5

                  Article 7

                  Annex

                  Annex I

                  Appendix 1

                  Appendix 1

                  Appendix 2

                  Appendix 2

                  —

                  Annex II

                  —

                  Annex III


Avis juridique important

|

31994L0051

Commission Directive 94/51/EC of 7 November 1994 adapting to technical progress Council Directive 90/219/EEC on the contained use of genetically modified micro-organisms

Official Journal L 297 , 18/11/1994 P. 0029 - 0030 Finnish special edition: Chapter 15 Volume 13 P. 0248  Swedish special edition: Chapter 15 Volume 13 P. 0248

COMMISSION DIRECTIVE 94/51/EC of 7 November 1994 adapting to technical progress Council Directive 90/219/EEC on the contained use of genetically modified micro-organismsTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms (1), and in particular Article 20 thereof,  Whereas Directive 90/219/EEC classifies genetically modified micro-organisms into two groups having regard to the risks they present, whereas Annex II to the said Directive sets out the criteria for determining such classification;  Whereas, having regard to the experience gained with the contained use of genetically modified micro-organisms, and to technical progress generally in the field of biotechnology, and on the basis of an evaluation of the risks currently presented, it is  appropriate to revise the classification of genetically modified micro-organisms;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 21 of Directive 90/219/EEC,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Annex II to Directive 90/219/EEC is replaced by the Annex hereto.   Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 April 1995. They shall immediately inform the Commission thereof.  When Member States adopt these provisions, these 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 3  This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.  Done at Brussels, 7 November 1994.  For the Commission Yannis PALEOKRASSAS Member of the Commission  (1) OJ No L 117, 8. 5. 1990, p. 1.      ANNEX  'ANNEX II CRITERIA FOR CLASSIFYING GENETICALLY MODIFIED MICRO-ORGANISMS INTO GROUP I A genetically modified micro-organism is classified as falling within Group I when all the following criteria are fulfilled:  (i) the recipient or parental micro-organism is unlikely to cause disease to humans, animals or plants;  (ii) the nature of the vector and the insert is such that they do not endow the genetically modified micro-organism with a phenotype likely to cause disease to humans, animals or plants, or likely to cause adverse effects in the environment;  (iii) the genetically modified micro-organism is unlikely to cause disease to humans, animals or plants and is unlikely to have adverse effects on the environment.'


title: Corrigendum to Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (OJ L 164 of 30.6.1994)

text:
L 41/20         EN                         Official Journal of the European Communities                        15. 2. 2000
                                                            CORRIGENDA
        Corrigendum to Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the
        approximation of the laws, regulations and administrative provisions of the Member States relating to
                                                           recreational craft
                               (Official Journal of the European Communities L 164 of 30 June 1994)
        On page 16, in Chapter 1, Article 1(3)(h):
        for:  ‘… Directive 82/716/EEC of 4 October 1982 …’,
        read: ‘… Council Directive 82/714/EEC of 4 October 1982 …’.


title: Council Directive 2005/47/EC of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector#Agreement concluded by the European Transport Workers' Federation (ETF) and the Community of European Railways (CER) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 195/15

      COUNCIL DIRECTIVE 2005/47/EC
   of 18 July 2005
   on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 139(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               This Directive complies with the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union and is designed to ensure full compliance with Article 31 thereof, which provides that all workers have the right to healthy, safe and dignified working conditions, to a limit on their maximum working time and to weekly and daily rest periods and an annual period of paid holidays.

               (2)

               The social partners may, in accordance with Article 139(2) of the Treaty, jointly request that Agreements concluded at Community level be implemented by a Council Decision on a proposal from the Commission.

               (3)

               The Council adopted Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (1). Rail transport was one of the sectors of activity excluded from the scope of that Directive. The European Parliament and the Council adopted Directive 2000/34/EC (2) amending Directive 93/104/EC in order to cover the sectors and activities which had previously been excluded.

               (4)

               The European Parliament and the Council adopted Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time (3), which codified and repealed Directive 93/104/EC.

               (5)

               Directive 2003/88/EC provides for derogations from Articles 3, 4, 5, 8 and 16 thereof in the case of persons working in the rail transport sector on board trains.

               (6)

               The Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) have informed the Commission of their desire to enter into negotiations in accordance with Article 139(1) of the Treaty.

               (7)

               On 27 January 2004 those organisations concluded an Agreement on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services, hereinafter referred to as ‘the Agreement’.

               (8)

               The Agreement included a joint request for the Commission to implement the Agreement by a Council Decision on a proposal from the Commission in accordance with Article 139(2) of the Treaty.

               (9)

               Directive 2003/88/EC applies to mobile workers engaged in interoperable cross-border services, except where more specific provisions are contained in this Directive and in the Agreement annexed thereto.

               (10)

               For the purposes of Article 249 of the Treaty, the appropriate instrument for implementing the Agreement is a Directive.

               (11)

               Since, in the light of completion of the internal market in the rail transport sector and the competition in the sector, the objectives of this Directive, which is intended to protect health and safety, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives.

               (12)

               The development of the European railways sector requires close monitoring of the role of current and new actors, in order to ensure harmonious development throughout the Community. The European social dialogue in this field should be able to reflect this development and to take it into account as far as possible.

               (13)

               This Directive leaves the Member States free to define those terms of the Agreement that it does not specify in accordance with national legislation and practice, as is the case for other Directives on social policy matters using similar terms, as long as the definitions used are compatible with the Agreement.

               (14)

               The Commission has prepared its proposal for a Directive in accordance with its Communication of 20 May 1998 entitled ‘Adapting and promoting social dialogue at Community level’, taking into account the representative status of the contracting parties and the legality of each clause of the Agreement; the signatories are sufficiently representative of the mobile railway workers assigned to interoperable cross-border services run by the railway companies.

               (15)

               The Commission has drawn up its proposal for a Directive in accordance with Article 137(2) of the Treaty, which provides that Directives in the social domain shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.

               (16)

               This Directive and the Agreement lay down minimum standards; the Member States and/or the social partners should be able to maintain or introduce more favourable provisions.

               (17)

               The Commission has informed the European Parliament, the European Economic and Social Committee and the Committee of the Regions by sending them the proposal for a Directive for implementing the Agreement.

               (18)

               The European Parliament adopted a resolution on the Agreement of the social partners on 26 May 2005.

               (19)

               Implementing the Agreement will contribute to achieving the aims set out in Article 136 of the Treaty.

               (20)

               In accordance with paragraph 34 of the Interinstitutional agreement on better law-making (4), Member States will be encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures and to make them public,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   The purpose of this Directive is to implement the Agreement concluded on 27 January 2004 between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services.
   The text of the Agreement is annexed to this Directive.
   Article 2
   1.   Member States may maintain or introduce more favourable provisions than those laid down by this Directive.
   2.   The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive. This shall be without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided always that the minimum requirements laid down in this Directive are complied with.
   Article 3
   Without prejudice to the provisions of the Agreement on the follow-up and evaluation by the signatories, the Commission shall, after consulting management and labour at European level, report to the European Parliament and the Council on the implementation of this Directive in the context of the development of the railways sector, before 27 July 2011.
   Article 4
   Member States shall determine what penalties are applicable when national provisions enacted pursuant to this Directive are infringed and shall take all necessary measures to ensure that they are implemented. The penalties must be effective, proportionate and dissuasive. Member States shall notify these provisions to the Commission by 27 July 2008 and any subsequent amendments thereto in good time.
   Article 5
   Member States shall, after consultation with the social partners, bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 27 July 2008 or shall ensure that the social partners have adopted the necessary provisions by means of an Agreement by that date. They shall immediately forward the text of the provisions to the Commission.
   Member States shall take all necessary measures to enable them to guarantee at any time the outcome required by this Directive and shall inform the Commission thereof immediately.
   When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   Article 6
   This Directive shall enter into force on the date of its publication in the Official Journal of the European Union.
   Article 7
   This Directive is addressed to the Member States.

      Done at Brussels, 18 July 2005.

            For the Council

            The President

         M. BECKETT

      (1)  OJ L 307, 13.12.1993, p. 18. Directive as amended by Directive 2000/34/EC.

      (2)  OJ L 195, 1.8.2000, p. 41.

      (3)  OJ L 299, 18.11.2003, p. 9.

      (4)  OJ C 321, 31.12.2003, p. 1.

         AGREEMENT

      concluded by the European Transport Workers' Federation (ETF) and the Community of European Railways (CER) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services
      HAVING REGARD TO:

                  —

                  the development of rail transport, which requires the modernisation of the system and the development of trans-European traffic and thus interoperable services;

                  —

                  the need to develop safe cross-border traffic and protect the health and safety of the mobile workers engaged in interoperable cross-border services;

                  —

                  the need to avoid competition based solely on differences in working conditions;

                  —

                  the importance of developing rail transport within the European Union;

                  —

                  the idea that these aims will be met by creating common rules on minimum standard working conditions for mobile workers engaged in interoperable cross-border services;

                  —

                  the conviction that the number of such workers will increase over the coming years;

                  —

                  the Treaty establishing the European Community, and in particular Articles 138 and 139(2) thereof;

                  —

                  Directive 93/104/EC (amended by Directive 2000/34/EC), and in particular Articles 14 and 17 thereof;

                  —

                  the Convention on the law applicable to contractual obligations (Rome, 19 June 1980);

                  —

                  the fact that Article 139(2) of the Treaty provides that agreements concluded at European level may be implemented at the joint request of the signatories by a Council decision on a proposal from the Commission;

                  —

                  the fact that the signatories hereby make such a request,

            THE SIGNATORIES HAVE AGREED AS FOLLOWS:
      Clause 1
      Scope
      This Agreement shall apply to mobile railway workers assigned to interoperable cross-border services carried out by railway undertakings.
      The application of this Agreement is optional for local and regional cross-border passenger traffic, cross-border freight traffic travelling no further than 15 kilometres beyond the border, and for traffic between the official border stations listed in the Annex.
      It is also optional for trains on cross-border routes which both start and stop on the infrastructure of the same Member State and use the infrastructure of another Member State without stopping there (and which can therefore be considered national transport operations).
      As regards mobile workers engaged in interoperable cross-border services, Directive 93/104/EC shall not apply to those aspects for which this Agreement contains more specific provisions.
      Clause 2
      Definitions
      For the purposes of this Agreement, the following definitions apply:

                  1.

                  ‘interoperable cross-border services’: cross-border services for which at least two safety certificates as stipulated by Directive 2001/14/EC are required from the railway undertakings;

                  2.

                  ‘mobile worker engaged in interoperable cross-border services’: any worker who is a member of a train crew, who is assigned to interoperable cross-border services for more than one hour on a daily shift basis;

                  3.

                  ‘working time’: any period during which the worker is at work, at the employer's disposal and carrying out his or her activities or duties, in accordance with national laws and/or practice;

                  4.

                  ‘rest period’: any period which is not working time;

                  5.

                  ‘night time’: any period of not less than seven hours, as defined by national law, and which must include in any case the period between midnight and 5 a.m.;

                  6.

                  ‘night shift’: any shift of at least three hours' work during the night time;

                  7.

                  ‘rest away from home’: daily rest which cannot be taken at the normal place of residence of the mobile worker;

                  8.

                  ‘driver’: any worker in charge of operating a traction unit;

                  9.

                  ‘driving time’: the duration of the scheduled activity where the driver is in charge of the traction unit, excluding the scheduled time to prepare or shut down that traction unit, but including any scheduled interruptions when the driver remains in charge of the traction unit.

            Clause 3
      Daily rest at home
      Daily rest at home must be a minimum of 12 consecutive hours per 24-hour period.
      However, it may be reduced to a minimum of nine hours once every seven-day period. In that case, the hours corresponding to the difference between the reduced rest and 12 hours will be added to the next daily rest at home.
      A significantly reduced daily rest shall not be scheduled between two daily rests away from home.
      Clause 4
      Daily rest away from home
      The minimum daily rest away from home shall be eight consecutive hours per 24-hour period.
      A daily rest away from home must be followed by a daily rest at home (1).
      It is recommended that attention should be paid to the level of comfort of the accommodation offered to staff resting away from home.
      Clause 5
      Breaks
      (a)   Drivers
      If the working time of a driver is longer than eight hours, a break of at least 45 minutes shall be taken during the working day.
      Or
      When the working time is between six and eight hours, this break shall be at least 30 minutes long and shall be taken during the working day.
      The time of day and the duration of the break shall be sufficient to ensure an effective recuperation of the worker.
      Breaks may be adapted during the working day in the event of train delays.
      A part of the break should be given between the third and the sixth working hour.
      Clause 5(a) shall not apply if there is a second driver. In that case, the conditions for granting the breaks shall be regulated at national level.
      (b)   Other on-board staff
      For other on-board staff, a break of at least 30 minutes shall be taken if the working time is longer than six hours.
      Clause 6
      Weekly rest period
      Any mobile worker engaged in interoperable cross-border services is entitled, per seven-day period, to a minimum uninterrupted weekly rest period of 24 hours plus the 12 hours' daily rest period referred to in Clause 3 above.
      Each year, every mobile worker shall have 104 rest periods of 24 hours, including the 24-hour periods of the 52 weekly rest periods,
      including:

                  —

                  12 double rest periods (of 48 hours plus a daily rest of 12 hours) including Saturday and Sunday,
                  and

                  —

                  12 double rest periods (of 48 hours plus a daily rest of 12 hours) without the guarantee that this will include a Saturday or Sunday.

            Clause 7
      Driving time
      The driving time, as defined in Clause 2, shall not exceed nine hours for a day shift and eight hours for a night shift between two daily rest periods.
      The maximum driving time over a two-week period is limited to 80 hours.
      Clause 8
      Checks
      A record of daily working hours and rest periods for the mobile workers shall be kept to allow monitoring of compliance with the provisions of this Agreement. Information on actual working hours must be available. This record shall be kept in the undertaking for at least one year.
      Clause 9
      Non-regression clause
      The implementation of this Agreement shall not constitute in any case valid grounds for reducing the general level of protection afforded to mobile workers engaged in interoperable cross-border services.
      Clause 10
      Follow-up to the Agreement
      The signatories shall follow up the implementation and application of this Agreement in the framework of the Sectoral Dialogue Committee for the railways sector, established in accordance with Commission Decision 98/500/EC.
      Clause 11
      Evaluation
      The parties shall evaluate the provisions of this Agreement two years after its signing in the light of initial experience in the development of interoperable cross-border transport.
      Clause 12
      Review
      The parties shall review the above provisions two years after the end of the implementation period laid down in the Council Decision putting this Agreement into effect.

         Brussels, 27 January 2004.

               On behalf of the CER

            Giancarlo CIMOLI

               President

            Johannes LUDEWIG

               Executive Director

            Francesco FORLENZA

               Chairman of the Group of Human Resources Directors

            Jean-Paul PREUMONT

               Social Affairs Adviser

               On behalf of the ETF

            Norbert HANSEN

               Chairman of the Railway Section

            Jean-Louis BRASSEUR

               Vice-Chairman of the Railway Section

            Doro ZINKE

               General Secretary

            Sabine TRIER

               Political Secretary

         (1)  The parties agree that negotiations on a second consecutive rest away from home as well as compensation for rest away from home could take place between the social partners at railway undertaking or national level as appropriate. At European level, the question of the number of consecutive rests away from home as well as compensation for the rest away from home will be renegotiated two years after signature of this Agreement.

         ANNEX
         List of the official border stations located beyond the 15 km limit and for which the agreement is optional

                     RZEPIN (PL)

                     TUPLICE (PL)

                     ZEBRZYDOWICE (PL)

                     DOMODOSSOLA (IT)


title: COMMISSION DIRECTIVE (EU) .../… amending, for the purpose of adopting specific limit values for chemicals used in toys, Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards bisphenol A

text:
               COMMISSION DIRECTIVE (EU) .../…

               of 24.5.2017

               amending, for the purpose of adopting specific limit values for chemicals used in toys, Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards bisphenol A

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys
                  1
               , and in particular Article 46(2) thereof,

               Whereas:

               (1)Directive 2009/48/EC establishes certain requirements for chemical substances which are classified as carcinogenic, mutagenic or toxic for reproduction under Regulation (EC) No 1272/2008 of the European Parliament and of the Council
                  2
               . Appendix C to Annex II to Directive 2009/48/EC lays down specific limit values for chemicals used in toys intended for use by children under 36 months or in other toys intended to be placed in the mouth

               (2)The specific limit value for bisphenol A (CAS number 80-05-7) is 0,1 mg/l (migration limit). European standards EN 71-10:2005 (sample preparation) and EN 71-11:2005 (measurement) provide the relevant test methods.

               (3)EN 71-10:2005 requires that 10 cm2 of a toy material be extracted with 100 ml of water during one hour. Compliance with the specific limit value of 0,1 mg/l thus means that during this extraction a maximum of 0,01 mg bisphenol A may migrate out of the toy material.

               (4)In order to provide it with advice in the preparation of legislative proposals and policy initiatives in the area of toy safety, the Commission established the Expert Group on Toys Safety. The mission of its subgroup "Chemicals" is to provide such advice with regard to chemical substances which may be used in toys. The subgroup "Chemicals" of the Expert Group on Toys Safety considered at its meeting on 1 October 2015 that applying the specific limit value and the test methods set out above leads to an exposure of 3 microgram per kilogram body weight per day in a child of 10 kg body weight mouthing a toy during 3 hours daily.

               (5)New data on bisphenol A and refined methodologies led the Panel on Food Contact Materials, Enzymes, Flavourings and Processing Aids (CEF Panel) of the European Food Safety Authority (EFSA) to set a "temporary" tolerable daily intake (TDI) for bisphenol A at 4 microgram per kilogram body weight per day
                  3
               . The CEF Panel designated the TDI as temporary, pending the outcome of the long-term study in rats involving prenatal as well as postnatal exposure to bisphenol A, currently being undertaken by National Toxicology Programme of the United States Food and Drug Administration.

               (6)In the light of the above, the subgroup "Chemicals" of the Expert Group on Toys Safety recommended at its meeting of 1 October 2015 that bisphenol A be limited in toys to 0,04 mg/l (migration limit) when tested in accordance with EN 71-10:2005 and EN 71-11:2005, assuming a child's body weight of 10 kg, a daily mouthing time of three hours, a mouthed toy surface of 10 cm2 and an allocation of 10 % of the temporary TDI to the exposure of a child to bisphenol A from toys. The Expert Group on Toys Safety supported this recommendation at its meeting of 14 January 2016.

               (7)While Commission Regulation (EU) No 10/2011
                  4
                sets down a specific migration limit for bisphenol A as a monomer for use in certain food contact materials, as well as a prohibition to use bisphenol A for the manufacture of polycarbonate infant feeding bottles, the basic assumptions for deriving that migration limit and laying down the prohibition are different from those for the migration limit for bisphenol A in toys.

               (8)In the light of available scientific evidence and considering the differences between toys and materials which come into contact with food, the currently applicable specific limit value for bisphenol A in toys is too high and should be revised.

               (9)The effects of bisphenol A are under review in scientific fora. While it may be necessary to review the migration limit if relevant new scientific information becomes available in the future, the limit reflecting current scientific knowledge should be laid down in order to ensure adequate protection of children.

               (10)Appendix C to Annex II to Directive 2009/48/EC should therefore be amended accordingly.

               (11)The measures provided for in this Directive are in accordance with the opinion of the Toy Safety Committee established under Article 47 of Directive 2009/48/EC,

               HAS ADOPTED THIS DIRECTIVE:

               Article 1

               In Appendix C to Annex II to Directive 2009/48/EC, in the table, the entry for bisphenol A is replaced by the following:

                        'Bisphenol A

                        80-05-7

                        0,04 mg/l (migration limit) in accordance with the methods laid down in EN 71-10:2005 and EN 71-11:2005.'.

               Article 2

               1.
                     Member States shall adopt and publish, by [Fill in date falling 18 months after publication in the OJ] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

               They shall apply those provisions from [Fill in a date which is one day later than the date set out in the first subparagraph].

               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 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 twentieth day following that of its publication in the Official Journal of the European Union.

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 24.5.2017

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)
                  OJ L 170, 30.6.2009, p. 1.

                     (2)
                  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

                     (3)
                  EFSA Panel on Food Contact Materials, Enzymes, Flavourings and Processing Aids (CEF) (2015) Scientific Opinion on the risks to public health related to the presence of bisphenol A (BPA) in foodstuffs: PART II - Toxicological assessment and risk characterisation. EFSA Journal 2015;13(1):3978, p. 196.
                  http://www.efsa.europa.eu/sites/default/files/scientific_output/files/main_documents/3978part2.pdf
                   .

                     (4)
                  Commission Regulation (EU) No 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food (OJ L 12, 15.1.2011, p.1).


title: Corrigendum to Council Directive 2001/41/EC of 19 January 2001 amending the sixth Directive (77/388/EEC) on the common system of value added tax, with regard to the lengh of time during which the minimum standard rate is to be applied (OJ L 22 of 24.1.2001)

text:
L 26/40          EN                       Official Journal of the European Communities                              27.1.2001
                                                            CORRIGENDA
        Corrigendum to Council Directive 2001/41/EC of 19 January 2001 amending the sixth Directive (77/388/EEC) on
        the common system of value added tax, with regard to the lengh of time during which the minimum standard
                                                        rate is to be applied
                              (Official Journal of the European Communities L 22 of 24 January 2001)
        In the contents, on the second page of the cover, and on page 17, in the title:
        for:  ‘2001/41/EC’,
        read: ‘2001/4/EC’.


Avis juridique important

|

32002L0079R(01)

Corrigendum to Commission Directive 2002/79/EC of 2 October 2002 amending the Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for certain pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables (OJ L 291 of 28.10.2002)

Official Journal L 342 , 30/12/2003 P. 0058 - 0058

Corrigendum to Commission Directive 2002/79/EC of 2 October 2002 amending the Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for certain pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables(Official Journal of the European Communities L 291 of 28 October 2002)On page 14, against the entry "(iii)(b) Cucurbits - edible peel", in the column headed "Abamectin ...":for:>TABLE>,read:>TABLE>.


Avis juridique important

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32003L0121

Commission Directive 2003/121/EC of 15 December 2003 amending Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs (Text with EEA relevance)

Official Journal L 332 , 19/12/2003 P. 0038 - 0040

Commission Directive 2003/121/ECof 15 December 2003amending Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants 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) Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs(2), as last amended by Regulation (EC) No 1425/2003(3), fixes specific maximum limits for maize to be subjected to sorting, or other physical treatment, before human consumption or use as an ingredient in foodstuffs.(2) Sampling plays a crucial part in the precision of the determination of the levels of aflatoxins, which are very heterogeneously distributed in a lot. Commission Directive 98/53/EC(4), as amended by Directive 2002/27/EC(5), should be amended to include specific provisions for maize to be subjected to sorting, or other physical treatment, before human consumption or use as an ingredient in foodstuffs.(3) It is of major importance that analytical results are reported and interpreted in a uniform way in order to ensure a harmonised enforcement approach across the Union. These interpretation rules should be of application for the analytical result obtained on the sample for official control. In case of analysis for defence or referee purposes, the national rules apply.(4) Directive 98/53/EC should therefore be amended accordingly.(5) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 98/53/EC is amended as set out in Annex I to this Directive.Annex II to Directive 98/53/EC is amended as set out in Annex II to this Directive.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 October 2004 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.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 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 15 December 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 372, 31.12.1985, p. 50.(2) OJ L 77, 16.3.2001, p. 1.(3) OJ L 203, 12.8.2003, p. 1.(4) OJ L 201, 17.7.1998, p. 93.(5) OJ L 75, 16.3.2002, p. 44.ANNEX IAnnex I to Directive 98/53/EC is amended as follows:1. in point 5.2.1, the fourth indent is replaced by the following:"- weight of the aggregate sample = 30 kg which has to be mixed and to be divided into three equal subsamples of 10 kg before grinding (this division into three subsamples is not necessary in the case of groundnuts, nuts, dried fruit and maize intended for further sorting or other physical treatment, however, this will depend upon the availability of equipment which is able to homogenise a 30 kg sample). In cases where the aggregate sample weights are under 10 kg, the aggregate sample must not be divided into three subsamples. In the case of spices the aggregate sample weighs not more than 10 kg and therefore no division in subsamples is necessary.";2. point 5.2.2 is replaced by the following:"5.2.2. Acceptance of a lot or sublot- For groundnuts, nuts, dried fruit and maize subjected to a sorting or other physical treatment and spices:- acceptance if the aggregate sample or the average of the subsamples conforms to the maximum limit, taking into account the measurement uncertainty and correction for recovery,- rejection if the aggregate sample or the average of the subsamples exceeds the maximum limit beyond reasonable doubt taking into account the measurement uncertainty and correction for recovery.- For groundnuts, nuts, dried fruit and cereals intended for direct human consumption and cereals, with the exception of maize, to be subjected to a sorting or other physical treatment:- acceptance if none of the subsamples exceeds the maximum limit, taking into account the measurement uncertainty and correction for recovery,- rejection if one or more of the subsamples exceeds the maximum limit beyond reasonable doubt taking into account the measurement uncertainty and correction for recovery,- where the aggregate sample is under 10 kg:- acceptance if the aggregate sample conforms to the maximum limit, taking into account the measurement uncertainty and correction for recovery,- rejection if the aggregate sample exceeds the maximum limit beyond reasonable doubt taking into account analytical uncertainty and correction for recovery.";3. point 5.4.2 is replaced by the following:"5.4.2. Acceptance of a lot or sublot- acceptance if the aggregate sample conforms to the maximum limit, taking into account the measurement uncertainty and correction for recovery,- rejection if the aggregate sample exceeds the maximum limit beyond reasonable doubt taking into account the measurement uncertainty and correction for recovery.";4. point 5.5.1.2 is replaced by the following:"5.5.1.2. Acceptance of a lot or sublot- acceptance if the aggregate sample conforms to the maximum limit, taking into account the measurement uncertainty and correction for recovery,- rejection if the aggregate sample exceeds the maximum limit beyond reasonable doubt taking into account the measurement uncertainty and correction for recovery.";5. point 5.5.2.3 is replaced by the following:"5.5.2.3. Acceptance of a lot or sublot- acceptance if the aggregate sample conforms to the maximum limit, taking into account the measurement uncertainty and correction for recovery,- rejection if the aggregate sample exceeds the maximum limit beyond reasonable doubt taking into account the measurement uncertainty and correction for recovery."ANNEX IIIn Annex II to Directive 98/53/EC, point 4.4 is replaced by the following:"4.4. Recovery calculation and reporting of resultsThe analytical result is to be reported corrected or uncorrected for recovery. The manner of reporting and the level of recovery must be reported. The analytical result corrected for recovery is used for checking compliance (see Annex I, points 5.2.2, 5.3.2, 5.4.2, 5.5.1.2 and 5.5.2.3).The analytical result has to be reported as x +/- U whereby x is the analytical result and U is the expanded measurement uncertainty, using a coverage factor of 2 which gives a level of confidence of approximately 95 %."