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31984L0530

Council Directive 84/530/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to common provisions for appliances using gaseous fuels, safety and control devices for these appliances and methods of surveillance of them

Official Journal L 300 , 19/11/1984 P. 0095 - 0105 Spanish special edition: Chapter 13 Volume 18 P. 0105  Portuguese special edition Chapter 13 Volume 18 P. 0105

+++++( 1 ) OJ NO C 134 , 16 . 6 . 1975 , P . 37 .  ( 2 ) OJ NO C 76 , 7 . 4 . 1975 , P . 37 .  ( 3 ) OJ NO C 270 , 27 . 11 . 1975 , P . 28 .  ( 4 ) OJ NO L 262 , 27 . 9 . 1976 , P . 153 .  ( 5 ) SEE PAGE 106 OF THIS OFFICIAL JOURNAL .  COUNCIL DIRECTIVE OF 17 SEPTEMBER 1984 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COMMON PROVISIONS FOR APPLIANCES USING GASEOUS FUELS , SAFETY AND CONTROL DEVICES FOR THESE APPLIANCES AND METHODS OF SURVEILLANCE OF THEM ( 84/530/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 IN CERTAIN MEMBER STATES MANDATORY PROVISIONS DETERMINE THE TECHNICAL CHARACTERISTICS OF CONSTRUCTION , VERIFICATION AND/OR OPERATION OF APPLIANCES USING GASEOUS FUELS ; WHEREAS THESE REQUIREMENTS DIFFER FROM ONE MEMBER STATE TO ANOTHER ; WHEREAS SUCH DIFFERENCES HINDER TRADE AND MAY CREATE UNEQUAL CONDITIONS OF COMPETITION WITHIN THE COMMUNITY ;  WHEREAS THESE OBSTACLES TO THE ESTABLISHMENT AND FUNCTIONING OF THE COMMON MARKET CAN BE REDUCED OR INDEED ELIMINATED IF THE SAME REQUIREMENTS APPLY IN EACH OF THE MEMBER STATES , EITHER IN ADDITION TO OR IN PLACE OF THEIR EXISTING LAWS ;  WHEREAS A CHECK ON COMPLIANCE WITH THESE TECHNICAL REQUIREMENTS IS NECESSARY TO PROVIDE EFFECTIVE PROTECTION FOR USERS AND THIRD PARTIES ; WHEREAS THE EXISTING INSPECTION PROCEDURES DIFFER FROM ONE MEMBER STATE TO ANOTHER ; WHEREAS IN ORDER TO ACHIEVE FREE MOVEMENT OF APPLIANCES WITHIN THE COMMON MARKET AND TO OBVIATE MULTIPLE INSPECTIONS WHICH ARE IN EFFECT A BARRIER TO THE FREE MOVEMENT OF THESE APPLIANCES , ARRANGEMENTS SHOULD BE MADE FOR THE MUTUAL RECOGNITION OF INSPECTION PROCEDURES BY THE MEMBER STATES ;  WHEREAS , IN ORDER TO FACILITATE THIS MUTUAL RECOGNITION OF INSPECTION PROCEDURES , ADEQUATE EEC TYPE-EXAMINATION PROCEDURES AND EEC SURVEILLANCE PROCEDURES FOR APPLIANCES SHOULD BE ESTABLISHED AND THE CRITERIA FOR APPOINTING THE BODIES RESPONSIBLE FOR VERIFICATION SHOULD BE HARMONIZED ;  WHEREAS THE PRESENCE ON AN APPLIANCE USING GASEOUS FUELS OF THE EEC MARK SHOWING THAT IT HAS UNDERGONE THE APPROPRIATE INSPECTIONS INDICATES THAT IT SATISFIES THE RELEVANT TECHNICAL REQUIREMENTS AND THEREFORE MAKES IT UNNECESSARY , ON THE IMPORTATION AND PLACING INTO SERVICE OF THE APPLIANCE , TO REPEAT INSPECTIONS WHICH HAVE ALREADY BEEN CARRIED OUT ;  WHEREAS NATIONAL RULES ON APPLIANCES USING GASEOUS FUELS COVER NUMEROUS TYPES OF APPLIANCES USING GASEOUS FUELS OF WIDELY VARYING USES AND CAPACITIES ; WHEREAS THIS DIRECTIVE SHOULD LAY DOWN THE GENERAL PROVISIONS DEALING , IN PARTICULAR , WITH EEC TYPE-EXAMINATION PROCEDURES AND EEC SURVEILLANCE ; WHEREAS SEPARATE DIRECTIVES FOR EACH CATEGORY OF APPLIANCE WILL LAY DOWN THE TECHNICAL REQUIREMENTS AS TO THE DESIGN AND METHODS OF SURVEILLANCE OF SUCH APPLIANCES AND , WHERE APPROPRIATE , THE CONDITIONS UNDER WHICH COMMUNITY TECHNICAL REQUIREMENTS ARE TO REPLACE NATIONAL PROVISIONS IN FORCE ; WHEREAS THE RESULTS OBTAINED BY INTERNATIONAL STANDARDIZATION BODIES SHOULD BE USED AS FAR AS POSSIBLE IN THE SEPARATE DIRECTIVES ;  WHEREAS THE TECHNICAL REQUIREMENTS OF THE DIRECTIVES ON APPLIANCES USING GASEOUS FUELS MUST BE ADAPTED WITHOUT DELAY TO TAKE ACCOUNT OF TECHNICAL PROGRESS ; WHEREAS , IN ORDER TO FACILITATE THE IMPLEMENTATION OF THE MEASURES NECESSARY FOR THIS PURPOSE , PROVISION SHOULD BE MADE FOR A PROCEDURE ESTABLISHING CLOSE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION , WITHIN THE COMMITTEE FOR ADAPTATION TO TECHNICAL PROGRESS OF THE DIRECTIVES FOR REMOVING TECHNICAL BARRIERS TO TRADE IN APPLIANCES USING GASEOUS FUELS ;  WHEREAS APPLIANCES USING GASEOUS FUELS PLACED ON THE MARKET , ALTHOUGH CONFORMING TO THE REQUIREMENTS OF THE RELEVANT SEPARATE DIRECTIVES MIGHT NEVERTHELESS CONSTITUTE A SAFETY HAZARD ; WHEREAS PROVISION SHOULD THEREFORE BE MADE FOR A PROCEDURE TO REDUCE THIS HAZARD ;  WHEREAS DIFFERENT CONDITIONS AS REGARDS TYPES OF GAS AND FUEL FEED PRESSURES ARE IN FORCE IN THE MEMBER STATES ; WHEREAS THESE MANDATORY CONDITIONS CANNOT BE HARMONIZED IN VIEW OF THE FACT THAT EACH MEMBER STATE'S ENERGY SUPPLY AND DISTRIBUTION SITUATION IS PECULIAR TO IT ;  WHEREAS CERTAIN APPLIANCES USING GASEOUS FUELS MAY ALSO BE REGARDED AS FALLING PARTLY WITHIN THE SCOPE OF COUNCIL DIRECTIVE 76/767/EEC OF 27 JULY 1976 RELATING TO PRESSURE VESSELS AND METHODS OF INSPECTING THEM ( 4 ) , AS AMENDED BY THE ACT OF ACCESSION OF 1979 ; WHEREAS THE COUNCIL WILL HAVE TO DECIDE IN EACH INDIVIDUAL CASE WHETHER , AS REGARDS CONSTRUCTION SPECIFICATIONS AND SURVEILLANCE METHODS , THE PARTS OF SUCH APPLIANCES UNDER PRESSURE SHOULD COME UNDER DIRECTIVE 76/767/EEC ,  HAS ADOPTED THIS DIRECTIVE :  CHAPTER I  DEFINITIONS AND BASIC PRINCIPLES  ARTICLE 1  1 . THIS DIRECTIVE SHALL APPLY TO ANY APPLIANCE FOR COOKING , HEATING , HOT WATER PRODUCTION , REFRIGERATION , LIGHTING OR WASHING WHICH USES GASEOUS FUELS AND TO ANY SAFETY OR CONTROL DEVICE WHICH IS INTENDED TO FORM AN INTEGRAL PART OF SUCH AN APPLIANCE .  2 . THE APPLIANCES AND DEVICES REFERRED TO IN PARAGRAPH 1 ARE HEREINAFTER CALLED " APPLIANCES " .  3 . THE FOLLOWING SHALL BE EXCLUDED FROM THE SCOPE OF THIS DIRECTIVE :  - APPLIANCES SPECIFICALLY INTENDED FOR INSTALLATION IN SHIPS AND AIRCRAFT ,  - APPLIANCES NOT COVERED BY A SEPARATE DIRECTIVE WITHIN THE MEANING OF ARTICLE 2 .  4 . FOR THE PURPOSES OF THIS DIRECTIVE , " GASEOUS FUEL " MEANS ANY FUEL WHICH IS ENTIRELY IN A GASEOUS STATE AT A TEMPERATURE OF 15* C UNDER A PRESSURE OF 1,01325 BAR .  5 . FOR THE PURPOSE OF THIS DIRECTIVE :  " EEC TYPE-EXAMINATION " MEANS THE PROCEDURE WHEREBY THE BODY APPROVED FOR THAT PURPOSE BY A MEMBER STATE ESTABLISHES , FOLLOWING TESTS , AND CERTIFIES THAT A TYPE OF APPLIANCE CONFORMS TO THE REQUIREMENTS HARMONIZED UNDER THIS DIRECTIVE AND THE RELEVANT SEPARATE DIRECTIVES ;  " EEC SURVEILLANCE " MEANS THE PROCEDURE WHEREBY THE BODY APPROVED FOR THAT PURPOSE BY A MEMBER STATE ENSURES , AFTER AN EEC TYPE-EXAMINATION CERTIFICATE HAS BEEN ISSUED IN ACCORDANCE WITH THIS DIRECTIVE AND THE RELEVANT SEPARATE DIRECTIVE , THAT APPLIANCES HAVE BEEN MANUFACTURED IN CONFORMITY WITH THE APPROVED TYPE .  ARTICLE 2  1 . SEPARATE DIRECTIVES SHALL LAY DOWN THE DESIGN AND CONSTRUCTION REQUIREMENTS , METHODS OF SURVEILLANCE AND TESTING AND , WHERE NECESSARY , THE MANNER OF OPERATION FOR THE CATEGORIES OF APPLIANCES TO WHICH THEY RELATE .  2 . THE AIMS WHICH MUST IN PRINCIPLE BE PURSUED IN DEVISING THE REQUIREMENTS AND TESTS REFERRED TO IN PARAGRAPH 1 , TAKING INTO ACCOUNT THE STATE OF TECHNICAL PROGRESS , MUST ENSURE IN PARTICULAR THAT APPLIANCES :  - WHEN PROPERLY INSTALLED AND MAINTAINED AND USED FOR THE PURPOSE INTENDED , DO NOT ENDANGER THE SAFETY OF PERSONS , DOMESTIC ANIMALS OR PROPERTY ,  - MEET THE REQUIREMENTS OF RATIONAL USE OF ENERGY ,  - FULFIL THE PURPOSE FOR WHICH THEY ARE INTENDED .  3 . THE SEPARATE DIRECTIVES MAY SPECIFY THE DATE FROM WHICH THE MEMBER STATES MAY NO LONGER ALLOW THE PLACING ON THEIR MARKETS OF THE APPLIANCES COVERED BY THESE DIRECTIVES , UNLESS THEY CONFORM THERETO .  ARTICLE 3  1 . FOR THE PURPOSES OF THIS DIRECTIVE , " EEC-TYPE APPLIANCE " MEANS ANY APPLIANCE WHICH SATISFIES THE REQUIREMENTS OF THIS DIRECTIVE AND OF THE RELEVANT SEPARATE DIRECTIVE , AND WHICH ACCORDINGLY BEARS THE EEC MARK OF CONFORMITY REFERRED TO IN ARTICLE 7 ( 6 ) AND ( 7 ) AND/OR HAS BEEN GRANTED A CERTIFICATE OF CONFORMITY WHICH MAY BE PROVIDED FOR IN THE RELEVANT SEPARATE DIRECTIVE .  2 . NO MEMBER STATE MAY , ON GROUNDS RELATING TO THE CONSTRUCTION OF AN EEC APPLIANCE OR SURVEILLANCE THEREOF WITHIN THE MEANING OF THIS DIRECTIVE AND THE RELEVANT SEPARATE DIRECTIVE , REFUSE , PROHIBIT OR RESTRICT THE PLACING ON THE MARKET , CONNECTION TO THE DISTRIBUTION NETWORK AND PUTTING INTO SERVICE FOR A PURPOSE FOR WHICH IT WAS INTENDED OF AN EEC-TYPE APPLIANCE .  3 . MEMBER STATES SHALL IN PARTICULAR ENSURE THAT AUTHORITIES OR BODIES RESPONSIBLE FOR THE SUPPLY OF GAS , CONNECTION TO THE NETWORK AND PUTTING INTO SERVICE OF SUCH APPLIANCES DO NOT IMPOSE UPON SUCH CONNECTION AND PUTTING INTO SERVICE ANY TECHNICAL CONDITIONS OTHER THAN THE FOLLOWING :  - CONNECTION AND PUTTING INTO SERVICE FOR A USE WHICH IS IN CONFORMITY WITH THE APPLIANCE'S INTENDED USE ,  - COMPLIANCE WITH THE INSTALLATION REQUIREMENTS IN FORCE IN THE TERRITORY OF A MEMBER STATE .  ARTICLE 4  MEMBER STATES SHALL ATTACH THE SAME VALUE TO EEC TYPE-EXAMINATION AND EEC SURVEILLANCE AS TO THE CORRESPONDING NATIONAL PROCEDURES .  CHAPTER II  EEC TYPE-EXAMINATION AND EEC TYPE-EXAMINATION CERTIFICATE  ARTICLE 5  1 . WHERE IT IS PROVIDED FOR IN A SEPARATE DIRECTIVE , EEC TYPE-EXAMINATION SHALL BE A PREREQUISITE FOR THE PLACING ON THE MARKET , CONNECTION TO THE DISTRIBUTION NETWORK , AND PUTTING INTO SERVICE OF AN APPLIANCE .  2 . EEC TYPE-EXAMINATION SHALL BE CARRIED OUT BY BODIES APPROVED FOR THIS PURPOSE BY THE MEMBER STATE .  ARTICLE 6  1 . APPROVED BODIES APPOINTED BY MEMBER STATES TO CARRY OUT EEC TYPE-EXAMINATION IN ACCORDANCE WITH ARTICLE 7 SHALL COMPLY WITH THE MINIMUM CRITERIA LAID DOWN IN ANNEX II , WITHOUT PREJUDICE TO MEMBER STATES' COMPETENCE TO TAKE SUCH MEASURES AND LAY DOWN SUCH CONDITIONS AS THEY CONSIDER NECESSARY AT NATIONAL LEVEL TO ENSURE THAT THESE BODIES OPERATE IN AN EFFICIENT , COORDINATED AND EXEMPLARY FASHION .  COMPLIANCE WITH THE MINIMUM CRITERIA BY A BODY SHALL NOT OBLIGE A MEMBER STATE TO APPROVE IT .  2 . WHERE A MEMBER STATE HAS APPROVED A BODY OR BODIES TO CARRY OUT EEC TYPE-EXAMINATION , IT SHALL NOTIFY THE OTHER MEMBER STATES AND THE COMMISSION OF THE BODY OR LIST OF BODIES CONCERNED . IT SHALL ALSO NOTIFY THE OTHER MEMBER STATES AND THE COMMISSION OF ANY SUBSEQUENT AMENDMENTS TO THESE PARTICULARS .  ARTICLE 7  1 . THE EEC TYPE-EXAMINATION CERTIFICATE SHALL BE THE DOCUMENT BY WHICH AN APPROVED BODY CERTIFIES THAT A TYPE OF APPLIANCE CONFORMS TO THE REQUIREMENTS OF THIS DIRECTIVE AND THE RELEVANT SEPARATE DIRECTIVES .  2 . AT THE REQUEST OF THE MANUFACTURER , OR HIS AUTHORIZED REPRESENTATIVE ESTABLISHED IN THE COMMUNITY , THE APPROVED BODIES REFERRED TO IN ARTICLE 6 SHALL CARRY OUT THE EEC TYPE-EXAMINATION OF A TYPE OF APPLIANCE . IF THE TYPE MEETS THE REQUIREMENTS OF THIS DIRECTIVE AND OF THE RELEVANT SEPARATE DIRECTIVES AND IF THE MANUFACTURER UNDERTAKES TO COMPLY WITH THE CONDITIONS REFERRED TO IN ARTICLE 13 AND IN THE SEPARATE DIRECTIVES , THE APPROVED BODY SHALL ISSUE AN EEC TYPE-EXAMINATION CERTIFICATE . THIS CERTIFICATE SHALL CONFORM TO THE MODEL GIVEN IN THE SEPARATE DIRECTIVES .  THE APPLIANCE SUBJECTED TO THE EEC TYPE-EXAMINATION MUST BE REPRESENTATIVE OF THE PROPOSED PRODUCTION SERIES . APPLIANCES MANUFACTURED WITH A VIEW TO OBTAINING AN EEC TYPE-EXAMINATION CERTIFICATE MUST CONFORM TO THE APPLIANCE FOR WHICH THIS CERTIFICATE WAS ISSUED .  3 . THE APPROVED BODIES SHALL ISSUE , REFUSE TO ISSUE , SUSPEND OR WITHDRAW EEC TYPE-EXAMINATION CERTIFICATES IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER AND OF ANNEX I .  4 . APPLICATIONS FOR EEC TYPE-EXAMINATION RELATING TO THE SAME TYPE OF APPLIANCE MAY BE SUBMITTED TO ONLY ONE OF THE APPROVED BODIES .  5 . THE EEC TYPE-EXAMINATION CERTIFICATE SHALL BE SUBJECT TO THE CONDITIONS CONTAINED IN ARTICLE 13 AND MAY ALSO BE ISSUED FOR A LIMITED PERIOD OR BE SUBJECT TO OTHER CONDITIONS STIPULATED IN THE SEPARATE DIRECTIVES .  6 . ANY MANUFACTURER WHO HAS OBTAINED AN EEC TYPE-EXAMINATION CERTIFICATE SHALL BE ENTITLED TO AFFIX AN EEC MARK OF CONFORMITY TO THE PRODUCTS TO BE MARKETED WHICH CORRESPOND TO THE TYPE FOR WHICH THE CERTIFICATE WAS ISSUED . THIS MARK MUST BE VISIBLY , LEGIBLY AND INDELIBLY AFFIXED TO EACH APPLIANCE .  7 . THE REQUIREMENTS RELATING TO THE EEC TYPE-EXAMINATION CERTIFICATE AND THE EEC MARK OF CONFORMITY ARE GIVEN IN ANNEX I .  ARTICLE 8  1 . IF AN APPROVED BODY FINDS THAT SEVERAL SAMPLES OF AN APPLIANCE OF THE TYPE FOR WHICH IT HAS ISSUED AN EEC TYPE-EXAMINATION CERTIFICATE FAIL TO CONFORM TO THAT TYPE , IT SHALL REQUEST THE HOLDER OF THE CERTIFICATE TO RECTIFY PRODUCTION WITHIN A SPECIFIED PERIOD , IF NECESSARY SUSPENDING THE CERTIFICATE . WHERE NECESSARY , THE SEPARATE DIRECTIVE RELATING TO THE TYPE OF APPLIANCE CONCERNED SHALL FIX THE NUMBER OF SAMPLES DEEMED SUFFICIENT TO JUSTIFY INTERVENTION BY THE APPROVED BODY . FAILING RECTIFICATION WITHIN THE SPECIFIED PERIOD , THE APPROVED BODY SHALL SUSPEND OR WITHDRAW THE CERTIFICATE .  2 . THE APPROVED BODY WHICH HAS GRANTED THE EEC TYPE-EXAMINATION CERTIFICATE MUST WITHDRAW IT IF IT FINDS THAT THE CERTIFICATE SHOULD NOT HAVE BEEN GRANTED .  3 . IT SHALL SUSPEND OR WITHDRAW THE CERTIFICATE IF THE HOLDER FAILS TO FULFIL THE UNDERTAKINGS TO THE APPROVED BODY WHICH ARE REFERRED TO IN ARTICLES 7 AND 13 .  ARTICLE 9  1 . MEMBER STATES SHALL ENSURE THAT THE APPROVED BODIES CARRY OUT THE AFOREMENTIONED TASKS CORRECTLY .  TO THIS END THEY SHALL , BY APPROPRIATE MEASURES , OBLIGE THE APPROVED BODIES TO ALLOW THE COMPETENT AUTHORITIES OF THE MEMBER STATES WHICH APPOINTED THEM TO MAKE CHECKS AT ANY TIME .  2 . A MEMBER STATE MAY AUTHORIZE A BODY APPROVED BY IT , WITHOUT THEREBY RESTRICTING THAT BODY'S OWN RESPONSIBILITY , TO ENTRUST TO ONE OR MORE LABORATORIES THE TASK OF CARRYING OUT THE TESTS TO BE CONDUCTED IN THE CONTEXT OF THE EEC TYPE-EXAMINATION AND THE EEC SURVEILLANCE PROVIDED FOR IN CHAPTER III , PROVIDED THAT THESE LABORATORIES SATISFY THE CRITERIA LAID DOWN IN SECTIONS 3 , 4 AND 5 OF ANNEX II .  3 . MEMBER STATES SHALL TAKE THE NECESSARY STEPS TO ENSURE THAT THE APPLICANT OR THE PERSON TO WHOM THE EEC TYPE-EXAMINATION CERTIFICATE WAS ISSUED IS ABLE TO APPEAL AGAINST DECISIONS BY THE APPROVED BODY TO REFUSE , SUSPEND OR WITHDRAW THE EEC TYPE-EXAMINATION CERTIFICATE .  4 . IF A MEMBER STATE FINDS THAT A BODY WHICH IT HAS APPROVED IS NOT CORRECTLY FULFILLING THE TASKS REFERRED TO IN ARTICLES 7 AND 8 , SUCH MEMBER STATE SHALL TAKE ALL APPROPRIATE STEPS WITH REGARD TO THAT BODY .  5 . THE MEMBER STATE SHALL IN ANY EVENT WITHDRAW APPROVAL IF IT FINDS THAT AN APPROVED BODY HAS CEASED TO SATISFY THE MINIMUM CRITERIA LAID DOWN IN ANNEX II OR THAT IT DOES NOT COMPLY WITH THE CONDITIONS SET BY THE MEMBER STATE .  6 . IF A MEMBER STATE DOES NOT WITHDRAW APPROVAL FROM A BODY WHICH NO LONGER SATISFIES THE MINIMUM CRITERIA , ANY OTHER MEMBER STATE MAY BRING THIS FACT TO THE ATTENTION OF THE COMMISSION . THE COMMISSION SHALL TAKE APPROPRIATE STEPS TO FIND A SOLUTION .  ARTICLE 10  1 . A MEMBER STATE WHICH WITHDRAWS APPROVAL FROM A BODY SHALL TAKE ALL NECESSARY STEPS TO ENSURE CONTINUITY WITH REGARD TO FULFILMENT OF THE OBLIGATIONS AND DUTIES RESULTING FROM THE ISSUE OF EEC TYPE-EXAMINATION CERTIFICATES BY THAT BODY BEFORE THE WITHDRAWAL OF APPROVAL . APPLICATIONS REFUSED BY THAT BODY MAY , MOREOVER , BE RE-SUBMITTED .  2 . THE MEMBER STATE MUST WITHDRAW ALL CERTIFICATES ISSUED BY THAT BODY BEFORE WITHDRAWAL OF APPROVAL IF THEY WERE ISSUED IMPROPERLY .  ARTICLE 11  1 . IF ONE OF THE CASES REFERRED TO IN ARTICLE 8 IS NOTED IN A MEMBER STATE , THE COMPETENT AUTHORITIES OF THAT MEMBER STATE SHALL BRING THIS FACT TO THE ATTENTION OF THE MEMBER STATE IN WHICH THE CERTIFICATE WAS ISSUED .  2 . THE COMPETENT AUTHORITIES OF THE MEMBER STATE IN WHICH THE EEC TYPE-EXAMINATION CERTIFICATE WAS ISSUED SHALL OBLIGE THE APPROVED BODY CONCERNED TO TAKE THE STEPS PROVIDED FOR IN ARTICLE 8 .  3 . IN THE EVENT OF A DISPUTE BETWEEN THE MEMBER STATE IN WHICH AN EEC TYPE-EXAMINATION CERTIFICATE WAS ISSUED AND ANOTHER MEMBER STATE , THE COMMISSION SHALL BE INFORMED AND SHALL TAKE APPROPRIATE STEPS .  CHAPTER III  EEC SURVEILLANCE  ARTICLE 12  MEMBER STATES SHALL ENSURE THAT EEC SURVEILLANCE , THE AIM OF WHICH IS TO ENSURE CORRECT USE OF THE EEC MARK OF CONFORMITY , IS CARRIED OUT . SURVEILLANCE MAY BE CARRIED OUT BY THE APPROVED BODIES REFERRED TO IN ARTICLE 6 WHICH ISSUED THE EEC TYPE-CERTIFICATE . SURVEILLANCE SHALL BE CARRIED OUT BY TAKING SAMPLES AND BY SPOT CHECKS , INTER ALIA . THE BODIES WHICH CARRY OUT THE SURVEILLANCE MUST , IN ANY CASE , SATISFY THE CRITERIA LAID DOWN IN ANNEX II AND BE NOTIFIED IN ACCORDANCE WITH ARTICLE 6 .  ARTICLE 13  1 . A MANUFACTURER , OR HIS AUTHORIZED REPRESENTATIVE ESTABLISHED IN THE COMMUNITY , WHO MAKES USE OF THE EEC MARK MUST :  ( A ) INFORM THE APPROVED BODY WHICH GRANTED THE EEC TYPE-EXAMINATION CERTIFICATE OF :  - THE PLACES WHERE THE APPLIANCES ARE MANUFACTURED AND/OR WAREHOUSED , AS REQUESTED BY THE APPROVED BODY ,  - THE DATE ON WHICH MANUFACTURE COMMENCES ,  - ANY OTHER INFORMATION REQUIRED BY THE BODY TO ENABLE IT TO CARRY OUT ITS TASK AND PROVIDED FOR BY THE SEPARATE DIRECTIVE ;  ( B ) ALLOW REPRESENTATIVES OF THE APPROVED BODY WHICH GRANTED THE CERTIFICATE TO HAVE ACCESS FOR THE PURPOSE OF SURVEILLANCE TO THE SAID PLACES OF MANUFACTURE AND/OR WAREHOUSING AND TO INSPECTION RECORDS AND PROVIDE ALL NECESSARY INFORMATION RELEVANT TO SUCH SURVEILLANCE ;  ( C ) PERMIT THE APPROVED BODY WHICH GRANTED THE CERTIFICATE TO TAKE ONE OR MORE APPLIANCES AS SAMPLES FOR SURVEILLANCE PURPOSES FROM THE PLACES OF MANUFACTURE OR WAREHOUSING .  2 . THE APPROVED BODY WHICH GRANTED THE EEC TYPE-EXAMINATION CERTIFICATE MUST SUPPLY COPIES OF THE TEST REPORT AND , WHERE APPROPRIATE , OF THE TECHNICAL FILE TO THE OTHER APPROVED BODIES , THE MEMBER STATES AND THE COMMISSION , IF THEY SO REQUEST .  3 . THE HOLDER OF THE EEC MARK OF CONFORMITY MUST CARRY OUT PRODUCTION CHECKS OR ENSURE THAT THEY ARE CARRIED OUT AND HAVE AT HIS DISPOSAL THE EQUIPMENT NECESSARY FOR HIM TO MONITOR ADEQUATELY THE CONFORMITY OF APPLIANCES MANUFACTURED WITH THE APPLIANCE FOR WHICH THE EEC TYPE-EXAMINATION CERTIFICATE WAS ISSUED .  ARTICLE 14  1 . THE APPROVED BODY WHICH GRANTED THE EEC TYPE-EXAMINATION CERTIFICATE SHALL ORGANIZE EEC SURVEILLANCE OF THE MANUFACTURED APPLIANCES FOR WHICH THE EEC TYPE-EXAMINATION CERTIFICATE WAS GRANTED .  THIS SURVEILLANCE MUST ENABLE THE APPROVED BODY TO VERIFY , FIRSTLY , WHETHER THE MANUFACTURER HAS THE FACILITIES FOR CARRYING OUT THE CHECKS REFERRED TO IN ARTICLE 13 ( 3 ) AND , SECONDLY , WHETHER THE MANUFACTURER ACTUALLY CARRIES OUT CHECKS TO VERIFY WHETHER APPLIANCES MANUFACTURED CONFORM TO THE APPLIANCE FOR WHICH THE EEC TYPE-EXAMINATION CERTIFICATE WAS GRANTED ; FOR EXAMPLE , WHETHER HE KEEPS INSPECTION RECORDS IF HE HAS BEEN REQUESTED TO DO SO .  THE APPROVED BODY MAY ALSO ARRANGE FOR SAMPLING TO BE CARRIED OUT UNANNOUNCED AT THE DESIGNATED PLACES OF MANUFACTURE AND WAREHOUSING . THE APPROVED BODIES SHALL NOT BE PREVENTED FROM CARRYING OUT SAMPLING , UPON PAYMENT , AT ANY STAGE OF MARKETING AS WELL .  2 . IF THE PLACE OF MANUFACTURE , WAREHOUSING OR MARKETING IS SITUATED IN A MEMBER STATE OTHER THAN THAT OF THE APPROVED BODY WHICH GRANTED THE EEC TYPE-EXAMINATION CERTIFICATE , THAT BODY SHALL , IF NECESSARY , CONTACT AN APPROVED BODY IN THE MEMBER STATE WHERE THE SAMPLES ARE TO BE TAKEN FOR THE CHECKS REFERRED TO ABOVE .  THE APPROVED BODY WHICH CARRIED OUT THE SURVEILLANCE SHALL SEND A REPORT TO THE APPROVED BODY WHICH GRANTED THE EEC TYPE-EXAMINATION CERTIFICATE .  3 . THE COSTS WHICH THE MANUFACTURER IS REQUIRED TO BEAR AS A RESULT OF EEC SURVEILLANCE AT ANY STAGE IN THE MARKETING PROCESS ONCE THE APPLIANCE HAS LEFT THE PLACE OF MANUFACTURE OR WAREHOUSING MAY BE DETERMINED IN ACCORDANCE WITH THE DETAILED RULES LAID DOWN IN THE SEPARATE DIRECTIVES .  ARTICLE 15  1 . SHOULD THE CHECKS REFERRED TO IN ARTICLE 14 PROVE THAT THE APPLIANCES DO NOT CONFORM TO THE APPLIANCE WHICH RECEIVED THE EEC TYPE-EXAMINATION CERTIFICATE AND/OR THAT THE REQUIREMENTS OF THIS DIRECTIVE AND THE RELEVANT SEPARATE DIRECTIVE HAVE NOT ALL BEEN FULFILLED , THE APPROVED BODY MUST TAKE ONE OF THE FOLLOWING MEASURES AGAINST THE HOLDER OF THE EEC MARK OF CONFORMITY :  ( A ) A SIMPLE WARNING FORMALLY REQUIRING THAT THE INFRINGEMENTS NOTED CEASE WITHIN A GIVEN PERIOD OF TIME ;  ( B ) A WARNING AS REFERRED TO IN ( A ) BUT ACCOMPANIED BY MORE FREQUENT SURVEILLANCE CHECKS ;  ( C ) SUSPENSION OF THE EEC TYPE-EXAMINATION CERTIFICATE ;  ( D ) WITHDRAWAL OF THE EEC TYPE-CERTIFICATE .  THESE MEASURES MAY BE TAKEN ONLY BY THE APPROVED BODY WHICH GRANTED THE EEC TYPE-CERTIFICATE .  2 . THE FIRST TWO MEASURES SHALL BE TAKEN WHERE THE DIFFERENCES DO NOT AFFECT THE GENERAL DESIGN OF THE APPLIANCE OR WHERE THE INFRINGEMENTS NOTED ARE MINOR AND IN NO WAY REPRESENT A SAFETY HAZARD .  ONE OF THE LAST TWO MEASURES SHALL BE TAKEN WHERE THE DIFFERENCES OR INFRINGEMENTS NOTED ARE CONSIDERABLE , AND IN ANY CASE IF THEY REPRESENT A SAFETY HAZARD .  3 . THE APPROVED BODY WHICH GRANTED THE EEC TYPE-CERTIFICATE MUST ALSO WITHDRAW THE CERTIFICATE :  - IF THE MANUFACTURER , OR HIS AUTHORIZED REPRESENTATIVE ESTABLISHED IN THE COMMUNITY , PREVENTS THE CHECKS PROVIDED FOR IN ARTICLE 14 FROM BEING CARRIED OUT ,  - IF IT FINDS THAT THE EEC TYPE-EXAMINATION CERTIFICATE SHOULD NOT HAVE BEEN GRANTED .  4 . IF THE APPROVED BODY WHICH GRANTED THE EEC TYPE-EXAMINATION CERTIFICATE IS INFORMED BY THE APPROVED BODY OF ANOTHER MEMBER STATE OF THE EXISTENCE OF ONE OF THE CASES REFERRED TO IN PARAGRAPHS 2 AND 3 IT SHALL ALSO , AFTER CONSULTING THAT BODY , TAKE THE MEASURES PROVIDED FOR IN THOSE PARAGRAPHS .  5 . SUSPENSION OR WITHDRAWAL OF THE EEC TYPE-EXAMINATION CERTIFICATE SHALL BE NOTIFIED TO THE MEMBER STATES AND THE OTHER APPROVED BODIES .  ARTICLE 16  ALL COSTS RELATING TO EEC TYPE-EXAMINATION AND EEC SURVEILLANCE SHALL BE BORNE BY THE MANUFACTURER OR HIS REPRESENTATIVE ESTABLISHED IN THE COMMUNITY .  CHAPTER IV  ADAPTATION OF THE DIRECTIVE TO TECHNICAL PROGRESS  ARTICLE 17  ANY AMENDMENTS NECESSARY TO ADAPT TO TECHNICAL PROGRESS ANNEX I TO THIS DIRECTIVE , WITH THE EXCEPTION OF SECTIONS 1.1 AND 5 THEREOF AND THOSE PROVISIONS OF THE SEPARATE DIRECTIVES WHICH ARE SPECIFICALLY INDICATED IN EACH OF THEM , SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 19 .  ARTICLE 18  1 . A COMMITTEE ( HEREINAFTER CALLED " THE COMMITTEE " ) IS HEREBY SET UP TO ADAPT TO TECHNICAL PROGRESS THE DIRECTIVES CONCERNING THE ELIMINATION OF TECHNICAL BARRIERS TO TRADE IN APPLIANCES USING GASEOUS FUELS . IT SHALL CONSIST OF REPRESENTATIVES OF THE MEMBER STATES , AND HAVE A COMMISSION REPRESENTATIVE AS CHAIRMAN .  2 . THE COMMITTEE SHALL ADOPT ITS OWN RULES OF PROCEDURE .  ARTICLE 19  1 . WHERE THE PROCEDURE LAID DOWN IN THIS ARTICLE IS INVOKED , THE MATTER SHALL BE REFERRED TO THE COMMITTEE BY ITS CHAIRMAN , EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF A REPRESENTATIVE OF A MEMBER STATE .  2 . THE COMMISSION REPRESENTATIVE SHALL SUBMIT TO THE COMMITTEE A DRAFT OF THE MEASURES TO BE TAKEN . THE COMMITTEE SHALL GIVE ITS OPINION ON THAT DRAFT WITHIN A TIME LIMIT SET BY THE CHAIRMAN HAVING REGARD TO THE URGENCY OF THE MATTER . OPINIONS SHALL BE DELIVERED BY A MAJORITY OF 45 VOTES , THE VOTES OF THE MEMBER STATES BEING WEIGHTED AS PROVIDED IN ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .  3 . ( A ) WHERE THE MEASURES ENVISAGED ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , THE COMMISSION SHALL ADOPT THEM .  ( B ) WHERE THE MEASURES ENVISAGED ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE OR IF NO OPINION IS DELIVERED , THE COMMISSION SHALL WITHOUT DELAY SUBMIT TO THE COUNCIL A PROPOSAL ON THE MEASURES TO BE TAKEN . THE COUNCIL SHALL DECIDE BY A QUALIFIED MAJORITY .  ( C ) IF WITHIN THREE MONTHS OF THE PROPOSAL BEING SUBMITTED TO IT THE COUNCIL HAS NOT TAKEN ANY DECISION , THE PROPOSED MEASURES SHALL BE ADOPTED BY THE COMMISSION .  CHAPTER V  DEROGATING CLAUSE  ARTICLE 20  1 . THE DESIGN OF AN APPLIANCE AND THE METHODS USED IN ITS MANUFACTURE MAY , IN SPECIFIC INSTANCES , DEPART FROM SOME OF THE PROVISIONS OF THE SEPARATE DIRECTIVES , WITHOUT THE APPLIANCE CEASING TO BE COVERED BY ARTICLE 3 OF THIS DIRECTIVE , PROVIDED THAT THE ALTERATIONS MADE ARE SUCH AS TO ENSURE AT LEAST AN EQUIVALENT LEVEL OF PROTECTION AS FAR AS SAFETY OR HEALTH ARE CONCERNED .  2 . EACH OF THE SEPARATE DIRECTIVES SHALL EXPRESSLY SPECIFY THE PROVISIONS FROM WHICH SUCH DEROGATION IS POSSIBLE OR THE PROVISIONS FROM WHICH THERE CAN BE NO DEROGATION .  3 . WHERE A REQUEST FOR DEROGATION IS ACCEPTED , THE FOLLOWING PROCEDURE SHALL BE OBSERVED :  ( A ) THE MEMBER STATE , THROUGH THE APPROVED BODY IT HAS APPOINTED , SHALL FORWARD TO THE COMMISSION THE DOCUMENTS GIVING THE DESCRIPTION OF THE APPLIANCE AND THE DOCUMENTS SUPPORTING ITS REQUEST FOR DEROGATION , INCLUDING THE RESULTS OF ANY TESTS CARRIED OUT . THE COMMISSION SHALL SEND A COPY TO THE OTHER MEMBER STATES WHICH SHALL THEN HAVE A PERIOD OF FOUR MONTHS FROM THAT DATE TO AGREE OR DISAGREE WITH THE MEMBER STATE CONCERNED OR TO ASK THAT THE MATTER BE REFERRED TO THE COMMITTEE . A COPY OF EACH DOCUMENT SHALL BE SENT TO THE COMMISSION ; ALL THE CORRESPONDENCE SHALL BE CONFIDENTIAL .  ( B ) IF NO MEMBER STATE HAS DISAGREED OR ASKED THAT THE MATTER BE REFERRED TO THE COMMITTEE BEFORE THE END OF THE PERIOD LAID DOWN UNDER ( A ) , THE COMMISSION MAY CONVENE THE COMMITTEE OR AUTHORIZE THE MEMBER STATE TO GRANT OR APPROVE THE DEROGATION REQUESTED AND SHALL INFORM THE OTHER MEMBER STATES THEREOF .  ( C ) IF A MEMBER STATE HAS NOT REPLIED BY THE END OF THE STATUTORY PERIOD , IT SHALL BE REGARDED AS HAVING AGREED .  ( D ) OTHERWISE THE COMMISSION SHALL ACT ON THE DEROGATION REQUEST AFTER HAVING RECEIVED THE OPINION OF THE COMMITTEE .  ( E ) THE RELEVANT DOCUMENTS SHALL BE SUBMITTED IN AN OFFICIAL LANGUAGE OF THE COUNTRY OF DESTINATION , OR , IN SPECIAL CASES , IN ANOTHER LANGUAGE ACCEPTABLE TO IT .  CHAPTER VI  SAFEGUARD CLAUSE  ARTICLE 21  1 . WHERE A MEMBER STATE HAS GOOD GROUNDS FOR BELIEVING THAT AN APPLIANCE REPRESENTS A SAFETY HAZARD , EVEN THOUGH IT SATISFIES THE REQUIREMENTS OF THIS DIRECTIVE AND THE SEPARATE DIRECTIVES , IT MAY TEMPORARILY PROHIBIT THE PLACING ON THE MARKET , CONNECTION TO THE DISTRIBUTION NETWORK AND PUTTING INTO SERVICE IN ACCORDANCE WITH ITS INTENDED USE OF THE APPLIANCE ON ITS TERRITORY OR MAKE IT SUBJECT TO SPECIAL CONDITIONS . IT SHALL IMMEDIATELY INFORM THE COMMISSION AND THE OTHER MEMBER STATES THEREOF , GIVING THE REASONS FOR ITS DECISION .  2 . THE COMMISSION SHALL CONSULT THE MEMBER STATES CONCERNED WITHIN SIX WEEKS , THEN GIVE ITS VIEW WITHOUT DELAY AND TAKE THE APPROPRIATE STEPS .  3 . WHERE THE COMMISSION CONSIDERS THAT TECHNICAL AMENDMENTS TO THE SEPARATE DIRECTIVE ARE NECESSARY , SUCH AMENDMENTS SHALL BE ADOPTED BY EITHER THE COMMISSION OR THE COUNCIL IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 19 . IN THIS EVENT , ANY MEMBER STATE WHICH HAS TAKEN SAFEGUARD MEASURES MAY RETAIN THEM UNTIL SUCH AMENDMENTS COME INTO FORCE .  CHAPTER VII  FINAL PROVISIONS  ARTICLE 22  ANY DECISION BY A MEMBER STATE OR AN APPROVED BODY PURSUANT TO THIS DIRECTIVE AND THE SEPARATE DIRECTIVES TO REFUSE AN EEC TYPE-EXAMINATION , TO SUSPEND OR WITHDRAW AN EEC TYPE-EXAMINATION CERTIFICATE , OR TO PROHIBIT THE PLACING ON THE MARKET , CONNECTION TO THE DISTRIBUTION NETWORK OR PUTTING INTO SERVICE FOR A PURPOSE FOR WHICH IT WAS INTENDED OF AN EEC-TYPE APPLIANCE , SHALL STATE THE GROUNDS ON WHICH IT IS BASED . SUCH A DECISION SHALL BE NOTIFIED AS SOON AS POSSIBLE TO THE PARTY CONCERNED , WHO SHALL AT THE SAME TIME BE INFORMED OF THE REMEDIES AVAILABLE TO HIM UNDER THE LAWS IN FORCE IN THE MEMBER STATE IN QUESTION AND OF THE TIME LIMITS TO WHICH SUCH REMEDIES ARE SUBJECT .  ARTICLE 23  1 . MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE SO THAT THESE PROVISIONS ENTER INTO FORCE ON THE SAME DATE AS THOSE TAKEN IN ORDER TO COMPLY WITH DIRECTIVE 84/531/EEC ( 5 ) . THEY SHALL FORTHWITH INFORM THE COMMITTEE THEREOF .  2 . MEMBER STATES SHALL ENSURE THAT THE TEXTS OF THE PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD COVERED BY THIS DIRECTIVE ARE COMMUNICATED TO THE COMMISSION .  ARTICLE 24  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 17 SEPTEMBER 1984 .  FOR THE COUNCIL  THE PRESIDENT  P . BARRY  ANNEX I  EEC TYPE-EXAMINATION AND EEC TYPE-EXAMINATION CERTIFICATE  1 . APPLICATION FOR EEC TYPE-EXAMINATION  1.1 . THE APPLICATION AND THE CORRESPONDENCE RELATING TO IT SHALL BE DRAWN UP IN AN OFFICIAL LANGUAGE OF THE STATE TO WHICH THE APPLICATION IS MADE IN ACCORDANCE WITH THE LAWS OF THAT STATE . THE APPROVED BODY SHALL HAVE THE RIGHT TO REQUIRE THAT THE ANNEXED DOCUMENTS SHOULD ALSO BE DRAWN UP IN THAT SAME OFFICIAL LANGUAGE .  1.2 . THE APPLICATION SHALL CONTAIN THE FOLLOWING INFORMATION :  - NAME AND ADDRESS OF THE MANUFACTURER OR FIRM , OF HIS OR ITS AUTHORIZED REPRESENTATIVE OR OF THE APPLICANT , AND THE PLACE OR PLACES OF MANUFACTURE OF THE APPLIANCES ,  - NATURE AND CATEGORY OF THE APPLIANCE ,  - INTENDED USE AND ANY PROHIBITED USES ,  - TRADE NAME , IF ANY , OR TYPE ,  - MEMBER STATE ( S ) WHERE IT IS PLANNED TO MARKET THE APPLIANCE .  1.3 . THE APPLICATION SHALL BE ACCOMPANIED BY TWO COPIES OF THE DOCUMENTS REQUIRED AND IN PARTICULAR :  1.3.1 . - THE TECHNICAL FILE REQUIRED BY THE SEPARATE DIRECTIVES ,  - THE PLACES WHERE THE EEC MARK OF CONFORMITY SPECIFIED IN THIS DIRECTIVE AND THE OTHER MARKS SPECIFIED IN THE SEPARATE DIRECTIVES ARE TO BE AFFIXED ,  1.3.2 . A STATEMENT CERTIFYING THAT NO OTHER APPLICATION FOR EEC TYPE-EXAMINATION HAS BEEN SUBMITTED FOR THE SAME TYPE OF APPLIANCE .  2 . PROCESSING OF THE APPLICATION  THE APPLICATION SHALL BE PROCESSED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN THE SEPARATE DIRECTIVES .  3 . EEC TYPE-EXAMINATION CERTIFICATE AND EEC MARK OF CONFORMITY  THE CERTIFICATE REFERRED TO IN ARTICLE 7 SHALL CONTAIN THE CONCLUSIONS OF THE EEC TYPE-EXAMINATION AND SHALL INDICATE ANY CONDITIONS TO WHICH ITS GRANT MAY BE SUBJECT . IT SHALL BE ACCOMPANIED BY THE DESCRIPTIONS AND DRAWINGS NECESSARY TO IDENTIFY THE TYPE AND , WHERE APPROPRIATE , TO EXPLAIN HOW IT FUNCTIONS . THE EEC MARK PROVIDED FOR IN ARTICLE 7 OF THE DIRECTIVE SHALL BE A STYLIZED LETTER * IN A HEXAGON CONTAINING :  - IN THE UPPER PART , THE SERIAL NUMBER OF THE SEPARATE DIRECTIVE ALLOCATED ACCORDING TO THE CHRONOLOGICAL ORDER OF ADOPTION , AND THE CAPITAL LETTERS IDENTIFYING THE STATE WHICH HAS GRANTED APPROVAL ( B FOR BELGIUM , D FOR THE FEDERAL REPUBLIC OF GERMANY , DK FOR DENMARK , F FOR FRANCE , GR FOR GREECE , I FOR ITALY , IRL FOR IRELAND , L FOR THE LUXEMBOURG , NL FOR THE NETHERLANDS , UK FOR THE UNITED KINGDOM ) AND THE TWO FINAL FIGURES OF THE YEAR OF ISSUE OF THE CERTIFICATE ; THE NUMBER OF THE SEPARATE DIRECTIVE TO WHICH THE CERTIFICATE REFERS WILL BE ALLOCATED BY THE COUNCIL WHEN THAT DIRECTIVE IS ADOPTED ,  - IN THE LOWER PART , THE CERTIFICATE NUMBER .  AN EXAMPLE OF THIS MARK IS SHOWN IN 6.1 .  WHEN THE CERTIFICATE HAS BEEN ISSUED ON THE BASIS OF ARTICLE 20 OF THE DIRECTIVE IT MUST SHOW CLEARLY THAT IT HAS BEEN GRANTED ON SUCH A BASIS .  4 . MODIFICATION OF PRODUCT MARKETED  THE APPROVED BODY WHICH HAS GRANTED AN EEC TYPE-EXAMINATION CERTIFICATE MUST BE INFORMED OF ALL SIGNIFICANT MODIFICATIONS , PARTICULARLY THOSE INVOLVING CHANGES IN THE COMMERCIAL DESCRIPTION OF A PRODUCT .  5 . PUBLICATION OF EEC TYPE-EXAMINATION CERTIFICATES  5.1 . AN EXTRACT FROM EEC TYPE-EXAMINATION CERTIFICATES SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  5.2 . AT THE SAME TIME AS THE PARTY CONCERNED IS NOTIFIED , COPIES OF THE EEC TYPE-EXAMINATION CERTIFICATE SHALL BE SENT BY THE COMPETENT DEPARTMENT OF THE MEMBER STATE WHICH APPOINTED THE APPROVED BODY TO THE COMMISSION AND TO THE OTHER MEMBER STATES , WHICH MAY ALSO OBTAIN COPIES OF THE DEFINITIVE TECHNICAL FILE ON THE APPLIANCE AND OF THE REPORTS ON THE EXAMINATIONS AND TESTS IT HAS UNDERGONE .  5.3 . WITHDRAWAL OR SUSPENSION OF AN EEC TYPE-EXAMINATION CERTIFICATE SHALL BE PUBLISHED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN 5.1 AND 5.2 .  5.4 . ANY APPROVED BODY REFUSING TO GRANT AN EEC TYPE-EXAMINATION CERTIFICATE SHALL INFORM THE COMPETENT DEPARTMENTS OF THE MEMBER STATE WHICH APPOINTED IT ; THE LATTER SHALL INFORM THE OTHER MEMBER STATES AND THE COMMISSION .  6 . EEC MARK OF CONFORMITY  6.1 . EEC MARK OF CONFORMITY ( SEE SECTION 3 )  EXAMPLE : *  EEC TYPE-EXAMINATION CERTIFICATE GRANTED BY AN APPROVED BODY OF THE FEDERAL REPUBLIC OF GERMANY IN 1979 , PURSUANT TO THE FIRST SEPARATE DIRECTIVE .  EEC TYPE-EXAMINATION CERTIFICATE NUMBER .  6.2 . THE SEPARATE DIRECTIVES MAY SPECIFY THE PLACING AND DIMENSIONS OF THE EEC MARK OF CONFORMITY .  UNLESS OTHERWISE INDICATED IN THE SEPARATE DIRECTIVES , THE LETTERS AND NUMBERS IN THIS MARK MUST BE AT LEAST 5 MM HIGH .  ANNEX II  MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES WHEN APPOINTING APPROVED BODIES  1 . THE BODIES RESPONSIBLE FOR EXAMINING APPLIANCES WITH A VIEW TO THE ISSUE OF EEC TYPE-EXAMINATION CERTIFICATES AND CARRYING OUT SURVEILLANCE MUST HAVE AT THEIR DISPOSAL THE NECESSARY STAFF AND POSSESS THE NECESSARY MEANS FOR THEM TO PERFORM PROPERLY THE TECHNICAL AND ADMINISTRATIVE TASKS CONNECTED WITH ISSUING EEC TYPE-EXAMINATION CERTIFICATES AND CARRYING OUT SURVEILLANCE AND MUST HAVE ACCESS TO THE EQUIPMENT REQUIRED FOR ANY SPECIAL EXAMINATIONS PROVIDED FOR IN THE SEPARATE DIRECTIVES .  2 . THE BODY , ITS DIRECTOR AND ITS STAFF MAY NOT BE THE MANUFACTURER , SUPPLIER OR INSTALLER OF THE APPLIANCES , OR THE AUTHORIZED REPRESENTATIVE OF ANY OF THOSE PARTIES . THEY MAY NOT BECOME INVOLVED EITHER DIRECTLY , OR AS AUTHORIZED REPRESENTATIVES , IN THE DESIGN , CONSTRUCTION , MARKETING OR MAINTENANCE OF SUCH APPLIANCES , OR IN REPRESENTATIONAL ACTIVITIES RELATING TO THEM . THIS DOES NOT PRECLUDE THE POSSIBILITY OF EXCHANGES OF TECHNICAL INFORMATION BETWEEN THE MANUFACTURER AND THE APPROVED BODY .  3 . THE STAFF RESPONSIBLE FOR EXAMINING APPLIANCES WITH A VIEW TO THE ISSUE OF EEC TYPE-EXAMINATION CERTIFICATES MUST CARRY OUT THESE TASKS WITH THE HIGHEST DEGREE OF INTEGRITY AND TECHNICAL COMPETENCE AND MUST BE FREE FROM ALL PRESSURES AND INDUCEMENTS , PARTICULARLY FINANCIAL , WHICH MIGHT INFLUENCE THEIR JUDGEMENT OR THE RESULTS OF THEIR WORK , ESPECIALLY FROM PERSONS OR GROUPS OF PERSONS WITH AN INTEREST IN THE RESULTS OF EXAMINATIONS .  4 . THE STAFF RESPONSIBLE FOR CARRYING OUT EXAMINATIONS MUST HAVE :  - SOUND TECHNICAL AND PROFESSIONAL TRAINING ,  - A SATISFACTORY KNOWLEDGE OF THE REQUIREMENTS RELATING TO THE EXAMINATIONS THEY CARRY OUT AND ADEQUATE PRACTICAL EXPERIENCE OF SUCH WORK ,  - THE NECESSARY ABILITY TO PREPARE THE RECORDS AND REPORTS INCORPORATING THE RESULTS OF THE WORK CARRIED OUT .  5 . THE IMPARTIALITY OF EXAMINING STAFF MUST BE GUARANTEED . THEIR REMUNERATION MUST NOT DEPEND ON THE NUMBER OF EXAMINATIONS THEY CARRY OUT , OR ON THE RESULTS OBTAINED .  6 . THE BODY MUST HAVE THIRD PARTY INSURANCE UNLESS CIVIL LIABILITY IS ASSUMED BY THE STATE IN ACCORDANCE WITH NATIONAL LAW .  7 . STAFF OF THE BODY MUST BE BOUND BY PROFESSIONAL SECRECY REGARDING EVERYTHING THEY LEARN IN THE EXERCISE OF THEIR DUTIES ( SAVE WITH REGARD TO THE COMPETENT ADMINISTRATIVE AUTHORITIES OF THE STATE WHICH APPOINTED THEM ) UNDER THIS AND THE SEPARATE DIRECTIVES OR UNDER ANY PROVISION OF NATIONAL LAW GIVING EFFECT TO THEM .


Avis juridique important

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31982L0076

Council Directive 82/76/EEC of 26 January 1982 amending Directive 75/362/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine, including measures to facilitate effective exercise of the right of establishment and freedom to provide services and Directive 75/363/EEC concerning the coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors

Official Journal L 043 , 15/02/1982 P. 0021 - 0025 Finnish special edition: Chapter 6 Volume 2 P. 0078  Spanish special edition: Chapter 06 Volume 2 P. 0128  Swedish special edition: Chapter 6 Volume 2 P. 0078  Portuguese special edition Chapter 06 Volume 2 P. 0128

++++( 1 ) OJ NO C 121 , 23 . 5 . 1981 , P . 4 .  ( 2 ) OJ NO C 260 , 12 . 10 . 1981 , P . 99 .  ( 3 ) OJ NO C 230 , 10 . 9 . 1981 , P . 12 .  ( 4 ) OJ NO L 167 , 30 . 6 . 1975 , PP . 1 AND 14 .  COUNCIL DIRECTIVE OF 26 JANUARY 1982 AMENDING DIRECTIVE 75/362/EEC CONCERNING THE MUTUAL RECOGNITION OF DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN MEDECINE , INCLUDING MEASURES TO FACILITATE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES AND DIRECTIVE 75/363/EEC CONCERNING THE COORDINATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF ACTIVITIES OF DOCTORS  ( 82/76/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 49 , 57 AND 66 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 CHANGES IN THE LEGISLATION OF THE MEMBER STATES AND EXPERIENCE GAINED FROM THE APPLICATION OF DIRECTIVES 75/362/EEC AND 75/363/EEC ( 4 ) HAVE MADE CERTAIN TECHNICAL AMENDMENTS NECESSARY ;  WHEREAS , MOREOVER , ARTICLE 3 ( 3 ) OF DIRECTIVE 75/363/EEC PROVIDED THAT FOUR YEARS AT THE LATEST AFTER NOTIFICATION OF THAT DIRECTIVE AND IN THE LIGHT OF A REVIEW OF THE SITUATION , ACTING ON A PROPOSAL FROM THE COMMISSION , AND BEARING IN MIND THAT THE POSSIBILITY OF PART-TIME TRAINING SHOULD CONTINUE TO EXIST IN CERTAIN CIRCUMSTANCES TO BE EXAMINED SEPARATELY FOR EACH SPECIALITY , THE COUNCIL SHALL DECIDE WHETHER THE PROVISIONS OF PARAGRAPHS 1 AND 2 SHOULD BE RETAINED OR AMENDED ;  WHEREAS PURSUANT TO THE PRINCIPLE OF FULL-TIME TRAINING FOR MEDICAL SPECIALISTS , THE DEROGATION IN FAVOUR OF PART-TIME TRAINING , WHILE BEING CONTINUED , SHOULD BE MORE STRICTLY DEFINED AND CONTROLLED ;  WHEREAS THE PERIOD REFERRED TO IN ARTICLE 7 OF DIRECTIVE 75/363/EEC SHOULD BE EXTENDED TO 31 DECEMBER 1983 TO ENABLE THOSE MEMBER STATES WHERE PART-TIME TRAINING FOR MEDICAL SPECIALISTS DOES NOT COMPLY WITH ARTICLES 2 AND 3 OF THAT DIRECTIVE TO COMPLETE THE PROCESS OF REFORM INTRODUCED IN ORDER TO END THIS TYPE OF TRAINING ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  IN ARTICLE 3 OF DIRECTIVE 75/362/EEC , ITEM 2 UNDER " ( G ) IN LUXEMBOURG " AND THE FIGURE 1 WHICH PRECEDES THE RESULTING SINGLE SUBPARAGRAPH SHALL BE DELETED .  ARTICLE 2  ARTICLE 5 ( 3 ) OF DIRECTIVE 75/362/EEC SHALL BE AMENDED AS FOLLOWS :  ( A ) IN THE GERMAN VERSION , THE FOLLOWING HEADINGS SHALL BE REPLACED AS FOLLOWS :  " - ANAESTHESIE-WIEDERBELEBUNG " BY " - ANAESTHESIOLOGIE " ,  " - OPHTHALMOLOGIE " BY " - AUGENHEILKUNDE " ,  " - OTORHINOLARYNGOLOGIE " BY " - HALS-NASEN-OHRENHEILKUNDE " ,  " - PAEDIATRIE " BY " - KINDERHEILKUNDE " ;  ( B ) IN ALL VERSIONS :  1 . UNDER " - ANAESTHETICS " , THE SUBHEADING CONCERNING GERMANY AND BELGIUM SHALL BE REPLACED AS FOLLOWS :  " GERMANY : ANAESTHESIOLOGIE " ,  " BELGIUM : ANESTHESIOLOGIE/ANESTHESIOLOGIE " ;  2 . UNDER " - OBSTETRICS AND GYNAECOLOGY " , THE SUBHEADING CONCERNING BELGIUM AND FRANCE SHALL BE REPLACED AS FOLLOWS :  " BELGIUM : GYNECOLOGIE-OBSTETRIQUE/GYNECOLOGIE - VERLOSKUNDE " ,  " FRANCE : GYNECOLOGIE-OBSTETRIQUE " ;  3 . UNDER " - OTO RHINO LARYNGOLOGY " , THE SUBHEADINGS CONCERNING GERMANY AND BELGIUM SHALL BE REPLACED AS FOLLOWS :  " GERMANY : HALS-NASEN-OHRENHEILKUNDE " ,  " BELGIUM : OTO-RHINO-LARYNGOLOGIE/OTORHINOLARYNGOLOGIE ;  4 . UNDER " - PAEDIATRICS " , THE SUBHEADING CONCERNING BELGIUM SHALL BE REPLACED BY :  " BELGIUM : PEDIATRIE/KINDERGENEESKUNDE " .  ARTICLE 3  ARTICLE 7 ( 2 ) OF DIRECTIVE 75/362/EEC SHALL BE AMENDED AS FOLLOWS :  ( A ) IN THE GERMAN VERSION , THE HEADINGS SHALL BE REPLACED AS FOLLOWS :  1 . " MIKROBIOLOGIE-BAKTERIOLOGIE " BY " MIKROBIOLOGIE UND INFEKTIONSEPIDEMIOLOGIE " ;  2 . " PATHOLOGISCHE ANATOMIE " BY " PATHOLOGIE " ;  3 . " PAEDIATRISCHE CHIRURGIE " BY " KINDERCHIRURGIE " ;  4 . " NEURO-PSYCHIATRIE " BY " NERVENHEILKUNDE ( NEUROLOGIE UND PSYCHIATRIE ) " ;  5 . " KINDERPSYCHIATRIE " BY " KINDER - UND JUGENDPSYCHIATRIE " ;  ( B ) IN THE DUTCH VERSION , UNDER " ZENUW - EN ZIELSZIEKTEN " THE SUBHEADING CONCERNING BELGIUM SHALL BE REPLACED BY :  " BELGIE : NEUROPSYCHIATRIE/NEUROPSYCHIATRIE " ;  ( C ) IN ALL VERSIONS :  1 . UNDER " MICROBIOLOGY-BACTERIOLOGY " :  - THE FOLLOWING SUBHEADING SHALL BE ADDED :  " GERMANY : MIKROBIOLOGIE UND INFEKTIONSEPIDEMIOLOGIE " ,  - THE SUBHEADING CONCERNING THE NETHERLANDS SHALL BE REPLACED BY :  " NETHERLANDS : MEDISCHE MICROBIOLOGIE " ;  2 . UNDER " PATHOLOGICAL ANATOMY " THE SUBHEADING CONCERNING GERMANY SHALL BE REPLACED BY :  " GERMANY : PATHOLOGIE " ;  3 . UNDER " BIOLOGICAL CHEMISTRY " THE SUBHEADING CONCERNING LUXEMBOURG SHALL BE REPLACED BY :  " LUXEMBOURG : CHIMIE BIOLOGIQUE " ;  4 . UNDER " PAEDIATRIC SURGERY " THE SUBHEADING CONCERNING LUXEMBOURG SHALL BE REPLACED BY :  " LUXEMBOURG : CHIRURGIE PEDIATRIQUE " ;  5 . UNDER " PHYSIOTHERAPY " :  - THE SUBHEADING CONCERNING BELGIUM SHALL BE REPLACED BY :  " BELGIUM : MEDECINE PHYSIQUE/FYSISCHE GENEESKUNDE " ,  - THE FOLLOWING SUBHEADING SHALL BE INSERTED :  " LUXEMBOURG : REEDUCATION ET READAPTATION FONCTIONNELLES " ;  6 . UNDER " NEUROLOGY " THE FOLLOWING SUBHEADING SHALL BE INSERTED :  " GREECE : !*** " ;  7 . UNDER " PSYCHIATRY " THE FOLLOWING SUBHEADING SHALL BE INSERTED :  " GREECE : !*** " ;  8 . UNDER " NEURO-PSYCHIATRY " THE SUBHEADING CONCERNING GERMANY SHALL BE REPLACED BY :  " GERMANY : NERVENHEILKUNDE ( NEUROLOGIE UND PSYCHIATRIE ) " ;  9 . UNDER " DIAGNOSTIC RADIOLOGY " :  - THE SUBHEADING CONCERNING BELGIUM SHALL BE REPLACED BY :  " BELGIUM : RADIODIAGNOSTIC/ROENTGENDIAGNOSE " ,  - THE FOLLOWING SUBHEADINGS SHALL BE INSERTED :  " GREECE : !*** " ,  " LUXEMBOURG : RADIODIAGNOSTIC " ;  10 . UNDER " RADIOTHERAPY " :  - THE SUBHEADING CONCERNING BELGIUM SHALL BE REPLACED BY :  " BELGIUM : RADIO - ET RADIUMTHERAPIE/RADIO - EN RADIUMTHERAPIE " ,  - THE FOLLOWING SUBHEADING SHALL BE INSERTED :  " LUXEMBOURG : RADIOTHERAPIE " ;  11 . UNDER " CHILD PSYCHIATRY " THE FOLLOWING SUBHEADINGS SHALL BE INSERTED AND ADDED RESPECTIVELY :  " LUXEMBOURG : PSYCHIATRIE INFANTILE " ,  " UNITED KINGDOM : CHILD AND ADOLESCENT PSYCHIATRY " .  ARTICLE 4  ARTICLE 11 ( 3 ) OF DIRECTIVE 75/362/EEC IS HEREBY REPLACED BY THE FOLLOWING :  " 3 . IF THE HOST MEMBER STATE HAS DETAILED KNOWLEDGE OF A SERIOUS MATTER WHICH HAS OCCURRED , PRIOR TO THE ESTABLISHMENT OF THE PERSON CONCERNED IN THAT STATE , OUTSIDE ITS TERRITORY AND WHICH IS LIKELY TO AFFECT THE TAKING UP WITHIN ITS TERRITORY OF THE ACTIVITY CONCERNED , IT MAY INFORM THE MEMBER STATE OF ORIGIN OR THE MEMBER STATE FROM WHICH THE FOREIGN NATIONAL COMES .  THE MEMBER STATE OF ORIGIN OR THE MEMBER STATE FROM WHICH THE FOREIGN NATIONAL COMES SHALL VERIFY THE ACCURACY OF THE FACTS . ITS AUTHORITIES SHALL DECIDE ON THE NATURE AND EXTENT OF THE INVESTIGATION TO BE MADE AND SHALL INFORM THE HOST MEMBER STATE OF ANY CONSEQUENTIAL ACTION WHICH THEY TAKE WITH REGARD TO THE CERTIFICATES OR DOCUMENTS THEY HAVE ISSUED .  MEMBER STATES SHALL ENSURE THE CONFIDENTIALITY OF THE INFORMATION WHICH IS FORWARDED " .  ARTICLE 5  ARTICLE 12 ( 2 ) OF DIRECTIVE 75/362/EEC SHALL BE REPLACED BY THE FOLLOWING TEXT :  " 2 . IF THE HOST MEMBER STATE HAS DETAILED KNOWLEDGE OF A SERIOUS MATTER WHICH HAS OCCURRED , PRIOR TO THE ESTABLISHMENT OF THE PERSON CONCERNED IN THAT STATE , OUTSIDE ITS TERRITORY AND WHICH IS LIKELY TO AFFECT THE PURSUIT WITHIN ITS TERRITORY OF THE ACTIVITY CONCERNED , IT MAY INFORM THE MEMBER STATE OF ORIGIN OR THE MEMBER STATE FROM WHICH THE FOREIGN NATIONAL COMES .  THE MEMBER STATE OF ORIGIN OR THE MEMBER STATE FROM WHICH THE FOREIGN NATIONAL COMES SHALL VERIFY THE ACCURACY OF THE FACTS . ITS AUTHORITIES SHALL DECIDE ON THE NATURE AND EXTENT OF THE INVESTIGATION TO BE MADE AND SHALL INFORM THE HOST MEMBER STATE OF ANY CONSEQUENTIAL ACTION WHICH THEY TAKE WITH REGARD TO THE INFORMATION WHICH THEY HAVE FORWARDED IN ACCORDANCE WITH PARAGRAPH 1 . "  ARTICLE 6  THE FOLLOWING ARTICLE SHALL BE INSERTED IN DIRECTIVE 75/362/EEC :  " ARTICLE 15A  WHERE A HOST MEMBER STATE REQUIRES ITS OWN NATIONALS WISHING TO TAKE UP OR PURSUE ONE OF THE ACTIVITIES REFERRED TO IN ARTICLE 1 TO TAKE AN OATH OR MAKE A SOLEMN DECLARATION AND WHERE THE FORM OF SUCH AN OATH OR DECLARATION CANNOT BE USED BY NATIONALS OF OTHER MEMBER STATES , THAT MEMBER STATE SHALL ENSURE THAT AN APPROPRIATE AND EQUIVALENT FORM OF OATH OR DECLARATION IS OFFERED TO THE PERSON CONCERNED . "  ARTICLE 7  THE FOLLOWING SUBPARAGRAPH SHALL BE INSERTED AFTER THE SECOND SUBPARAGRAPH OF ARTICLE 16 ( 1 ) OF DIRECTIVE 75/362/EEC :  " FOR THIS PURPOSE AND IN ADDITION TO THE DECLARATION PROVIDED FOR IN PARAGRAPH 2 RELATING TO THE SERVICES TO BE PROVIDED , MEMBER STATES MAY , SO AS TO PERMIT THE IMPLEMENTATION OF THE PROVISIONS RELATING TO PROFESSIONAL CONDUCT IN FORCE IN THEIR TERRITORY , REQUIRE EITHER AUTOMATIC TEMPORARY REGISTRATION OR PRO FORMA MEMBERSHIP OF A PROFESSIONAL ORGANIZATION OR BODY OR , AS AN ALTERNATIVE , REGISTRATION , PROVIDED THAT SUCH REGISTRATION OR MEMBERSHIP DOES NOT DELAY OR IN ANY WAY COMPLICATE THE PROVISION OF SERVICES OR IMPOSE ANY ADDITIONAL COSTS ON THE PERSON PROVIDING THE SERVICES . "  ARTICLE 8  ARTICLE 19 OF DIRECTIVE 75/362/EEC SHALL BE DELETED .  ARTICLE 9  IN ARTICLE 2 ( 1 ) OF DIRECTIVE 75/363/EEC :  1 . POINT ( C ) SHALL BE REPLACED BY THE FOLLOWING :  " ( C ) IT SHALL BE A FULL-TIME COURSE SUPERVISED BY THE COMPETENT AUTHORITIES OR BODIES PURSUANT TO POINT 1 OF THE ANNEX HERETO ; " .  2 . POINT ( D ) SHALL BE REPLACED , IN THE GERMAN VERSION , BY THE FOLLOWING :  " ( D ) SIE MUSS IN EINEM UNIVERSITAETSZENTRUM , EINER UNIVERSITAETSKLINIK ODER GEGEBENENFALLS IN EINER HIERZU VON DEN ZUSTAENDIGEN BEHOERDEN ODER STELLEN ZUGELASSENEN EINRICHTUNG DER AERZTLICHEN VERSORGUNG ERFOLGEN ; " .  ARTICLE 10  ARTICLE 3 OF DIRECTIVE 75/363/EEC SHALL BE REPLACED BY THE FOLLOWING :  " ARTICLE 3  1 . WITHOUT PREJUDICE TO THE PRINCIPLE OF FULL-TIME TRAINING AS SET OUT IN ARTICLE 2 ( 1 ) ( C ) , AND UNTIL SUCH TIME AS THE COUNCIL TAKES DECISIONS IN ACCORDANCE WITH PARAGRAPH 3 , MEMBER STATES MAY PERMIT PART-TIME SPECIALIST TRAINING , UNDER CONDITIONS APPROVED BY THE COMPETENT NATIONAL AUTHORITIES , WHEN TRAINING ON A FULL-TIME BASIS WOULD NOT BE PRACTICABLE FOR WELL-FOUNDED INDIVIDUAL REASONS .  2 . PART-TIME TRAINING SHALL BE GIVEN IN ACCORDANCE WITH POINT 2 OF THE ANNEX HERETO AND AT A STANDARD QUALITATIVELY EQUIVALENT TO FULL-TIME TRAINING . THIS STANDARD OF TRAINING SHALL NOT BE IMPAIRED , EITHER BY ITS PART-TIME NATURE OR BY THE PRACTICE OF PRIVATE , REMUNERATED PROFESSIONAL ACTIVITY .  THE TOTAL DURATION OF SPECIALIZED TRAINING MAY NOT BE CURTAILED IN THOSE CASES WHERE IT IS ORGANIZED ON A PART-TIME BASIS .  3 . THE COUNCIL SHALL DECIDE , NOT LATER THAN 25 JANUARY 1989 , WHETHER THE PROVISIONS OF PARAGRAPHS 1 AND 2 ARE TO BE MAINTAINED OR AMENDED , IN THE LIGHT OF A RE-EXAMINATION OF THE SITUATION AND ON A PROPOSAL BY THE COMMISSION , WITH DUE REGARD TO THE FACT THAT THE POSSIBILITY OF PART-TIME TRAINING SHOULD CONTINUE TO EXIST IN CERTAIN CIRCUMSTANCES TO BE EXAMINED SPECIALTY BY SPECIALTY . "  ARTICLE 11  IN THE GERMAN VERSION OF DIRECTIVE 75/363/EEC :  ( A ) THE FOLLOWING TITLES SHALL BE REPLACED IN ARTICLE 4 :  " - KRANKHEITEN DER ATEMWEGE " BY " - LUNGENUND BRONCHIALHEILKUNDE " ,  " - ANAESTHESIE-WIEDERBELEBUNG " BY " - ANAESTHESIOLOGIE " ,  " - HALS - , NASEN - , OHRENHEILKUNDE " BY " - HALS-NASEN-OHRENHEILKUNDE ;  ( B ) THE FOLLOWING TITLES SHALL BE REPLACED IN ARTICLE 5 :  " - NEUROPSYCHIATRIE " BY " - NERVENHEILKUNDE ( NEUROLOGIE UND PSYCHIATRIE ) " ,  " - PAEDIATRISCHE CHIRURGIE " BY " - KINDERCHIRURGIE " ,  " - GASTRO-ENTEROLOGIE " BY " - GASTROENTEROLOGIE " ,  " - KINDERPSYCHIATRIE " BY " KINDER - UND JUGENDPSYCHIATRIE " ,  " - MIKROBIOLOGIE-BAKTERIOLOGIE " BY " - MIKROBIOLOGIE UND INFEKTIONSEPIDEMIOLOGIE " ,  " - PATHOLOGISCHE ANATOMIC " BY " - PATHOLOGIE " ,  " - DERMATO-VENEROLOGIE " BY " - DERMATOLOGIE UND VENEROLOGIE " .  ARTICLE 12  ARTICLE 7 OF DIRECTIVE 75/363/EEC SHALL BE REPLACED BY THE FOLLOWING :  " ARTICLE 7  AS A TRANSITIONAL MEASURE AND NOTWITHSTANDING ARTICLES 2 ( 1 ) ( C ) AND 3 , MEMBER STATES WHOSE PROVISIONS , LAID DOWN BY LAW , REGULATION , OR ADMINISTRATIVE ACTION , PROVIDED FOR PART-TIME SPECIALIST TRAINING AT THE TIME OF NOTIFICATION OF DIRECTIVES 75/362/EEC AND 75/363/EEC MAY CONTINUE TO APPLY THESE PROVISIONS TO CANDIDATES WHO HAVE BEGUN TRAINING AS SPECIALISTS NOT LATER THAN 31 DECEMBER 1983 .  EACH HOST MEMBER STATE SHALL BE AUTHORIZED TO REQUIRE THE BENEFICIARIES OF THE ABOVE PARAGRAPH TO PRODUCE , IN ADDITION TO THEIR DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS , AN ATTESTATION CERTIFYING THAT FOR AT LEAST THREE CONSECUTIVE YEARS OUT OF THE FIVE YEARS PRECEDING THE ISSUE OF THE ATTESTATION THEY HAVE IN FACT BEEN LAWFULLY PRACTISING AS SPECIALISTS IN THE FIELD CONCERNED " .  ARTICLE 13  THE FOLLOWING ANNEX SHALL BE ADDED TO DIRECTIVE 75/363/EEC :  " ANNEX  CHARACTERISTICS OF FULL-TIME AND PART-TIME TRAINING OF SPECIALISTS  1 . FULL-TIME TRAINING OF SPECIALISTS  SUCH TRAINING SHALL BE CARRIED OUT IN SPECIFIC POSTS RECOGNIZED BY THE COMPETENT AUTHORITY .  IT SHALL INVOLVE PARTICIPATION IN ALL THE MEDICAL ACTIVITIES OF THE DEPARTMENT WHERE THE TRAINING IS CARRIED OUT , INCLUDING ON-CALL DUTIES , SO THAT THE TRAINEE SPECIALIST DEVOTES TO THIS PRACTICAL AND THEORETICAL TRAINING ALL HIS PROFESSIONAL ACTIVITY THROUGHOUT THE DURATION OF THE STANDARD WORKING WEEK AND THROUGHOUT THE YEAR ACCORDING TO PROVISIONS AGREED BY THE COMPETENT AUTHORITIES . ACCORDINGLY THESE POSTS SHALL BE SUBJECT TO APPROPRIATE REMUNERATION .  TRAINING MAY BE INTERRUPTED FOR REASONS SUCH AS MILITARY SERVICE , SECONDMENT , PREGNANCY OR SICKNESS . THE TOTAL DURATION OF THE TRAINING SHALL NOT BE REDUCED BY REASON OF ANY INTERRUPTION .  2 . PART-TIME TRAINING OF SPECIALISTS  THIS TRAINING SHALL MEET THE SAME REQUIREMENTS AS FULL-TIME TRAINING , FROM WHICH IT SHALL DIFFER ONLY IN THE POSSIBILITY OF LIMITING PARTICIPATION IN MEDICAL ACTIVITIES TO A PERIOD AT LEAST HALF OF THAT PROVIDED FOR IN THE SECOND SUBPARAGRAPH OF POINT 1 .  THE COMPETENT AUTHORITIES SHALL ENSURE THAT THE TOTAL DURATION AND QUALITY OF PART-TIME TRAINING OF SPECIALISTS ARE NOT LESS THAN THOSE OF FULL-TIME TRAINEES .  APPROPRIATE REMUNERATION SHALL CONSEQUENTLY BE ATTACHED TO SUCH PART-TIME TRAINING . "  ARTICLE 14  PART-TIME SPECIALIST TRAINING BEGUN BEFORE 1 JANUARY 1983 UNDER ARTICLE 3 OF DIRECTIVE 75/363/EEC MAY BE COMPLETED IN ACCORDANCE WITH THAT ARTICLE .  ARTICLE 15  MEMBER STATES WHICH , BEFORE NOTIFICATION OF THIS DIRECTIVE , HAVE REPEALED THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION ON THE AWARD OF DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATION IN NEUROPSYCHIATRY OR RADIOLOGY AND HAVE , BEFORE THE SAID NOTIFICATION , ADOPTED MEASURES RELATING TO ACQUIRED RIGHTS ON BEHALF OF THEIR OWN NATIONALS , SHALL ACCORD THE RIGHT TO BENEFIT FROM SUCH MEASURES TO NATIONALS OF THE MEMBER STATES , PROVIDED THEIR DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN NEUROPSYCHIATRY OR RADIOLOGY FULFIL THE CONDITIONS LAID DOWN IN THIS RESPECT EITHER IN ARTICLE 9 ( 2 ) OF DIRECTIVE 75/362/EEC OR IN ARTICLES 2 , 3 AND 5 OF DIRECTIVE 75/363/EEC .  ARTICLE 16  MEMBER STATES SHALL TAKE THE NECESSARY MEASURES TO COMPLY WITH THIS DIRECTIVE BY 31 DECEMBER 1982 AT THE LATEST . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 17  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 26 JANUARY 1982 .  FOR THE COUNCIL  THE PRESIDENT  L . TINDEMANS


title: Council Directive 2004/106/EC of 16 November 2004 amending Directives 77/799/EEC concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation, certain excise duties and taxation of insurance premiums and 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products

text:
               4.12.2004

               EN

               Official Journal of the European Union

               L 359/30

      COUNCIL DIRECTIVE 2004/106/EC
   of 16 November 2004
   amending Directives 77/799/EEC concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation, certain excise duties and taxation of insurance premiums and 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 93 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   Whereas:

               (1)

               Closer cooperation between Community tax authorities and between the latter and the Commission based on common principles is required to effectively combat excise duty fraud.

               (2)

               Regulation (EC) No 2073/2004 of the European Parliament and of the Council of 16 November 2004 on administrative cooperation in the field of excise duties (3) incorporates all the provisions designed to facilitate administrative cooperation in the field of excise duties contained in Directives 77/799/EEC (4) and 92/12/EEC (5) with the exception of mutual assistance provided for by Council Directive 76/308/EEC of 15 March 1976 on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures (6).

               (3)

               Council Directive 2004/56/EC (7) amending Directive 77/799/EEC requires Member States to bring into force the laws, regulations and administrative provisions necessary to comply with it before 1 January 2005. These provisions apply in the field of direct taxation, certain excise duties and taxation of insurance premiums. Since the Directive 77/799/EEC will not apply to excise duties, pursuant to this Directive, as from 1 July 2005, it is not appropriate that Member States be required to adopt provisions which are bound to cease to apply within a short time. Therefore, it is necessary to allow Member States not to adopt the provisions necessary to comply with Directive 2004/56/EC concerning excise duties, without prejudice to the obligation to adopt such provisions in respect of other taxes to which Directive 77/799/EC applies.

               (4)

               Directives 77/799/EEC and 92/12/EEC should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 77/799/EEC is hereby amended as follows:

               1.

               the title shall be replaced by the following title:

               2.

               paragraph 1 of Article 1 shall be replaced by the following:
               ‘1.   In accordance with the provisions of this Directive the competent authorities of the Member States shall exchange any information that may enable them to effect a correct assessment of taxes on income and on capital, and any information relating to the establishment of taxes on insurance premiums referred to in the sixth indent of Article 3 of Council Directive 76/308/EEC of 15 March 1976 on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures (8).’

         Article 2
   Directive 92/12/EEC is hereby amended as follows:

               1.

               Article 15a shall be deleted;

               2.

               Article 15b shall be deleted;

               3.

               Article 19(6) shall be deleted.

         Article 3
   References to Directive 77/799/EEC in respect of excise duties shall be construed as being made to Regulation (EC) No 2073/2004.
   References to Directive 92/12/EEC in respect of administrative cooperation in the field of excise duties shall be construed as being made to Regulation (EC) No 2073/2004.
   Article 4
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 30 June 2005. They shall forthwith inform the Commission thereof.
   They shall apply these provisions from 1 July 2005.
   When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.
   3.   By way of derogation from Article 2 of Directive 2004/56/EC, Member States are not obliged to adopt and apply the provisions needed to comply with Directive 2004/56/EC in respect of excise duties.
   Article 5
   This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 16 November 2004.

            For the Council

            The President

         G. ZALM

      (1)  Opinion delivered on 1 April 2004 (not yet published in the Official Journal.

      (2)  Opinion delivered on 31 March 2004 (not yet published in the Official Journal.

      (3)  See page 1 of this Official Journal.

      (4)  OJ L 336, 27.12.1977, p. 15. Directive as last amended by Directive 2004/56/EC (OJ L 127, 29.4.2004, p. 70).

      (5)  OJ L 76, 23.3.1992, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

      (6)  OJ L 73, 19.3.1976, p. 18. Directive as last amended by the 2003 Act of Accession.

      (7)  OJ L 127, 29.4.2004, p. 70.

      (8)  OJ L 73, 19.3.1976, p. 18. Directive as last amended by the 2003 Act of Accession.


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31984L0647

Council Directive 84/647/EEC of 19 December 1984 on the use of vehicles hired without drivers for the carriage of goods by road

Official Journal L 335 , 22/12/1984 P. 0072 - 0073 Finnish special edition: Chapter 7 Volume 3 P. 0104  Spanish special edition: Chapter 07 Volume 3 P. 0225  Swedish special edition: Chapter 7 Volume 3 P. 0104  Portuguese special edition Chapter 07 Volume 3 P. 0225

*****COUNCIL  DIRECTIVE  of 19 December 1984  on the use of vehicles hired without drivers for the carriage of goods by road  (84/647/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the Economic and Social Committee (1),  Having regard to the opinion of the European Parliament (2),  Whereas, from a macroeconomic point of view, the use of hired vehicles permits, in certain situations, an optimum allocation of resources by limiting the wasteful use of factors of production;  Whereas, from a microeconomic point of view, this possibility brings an element of flexibility to the organization of transport, and thus increases the productivity of the undertakings concerned;  Whereas the First Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road between Member States (3), as last amended by Directive 82/50/EEC (4), must be amended,  HAS ADOPTED THIS DIRECTIVE:  Article 1  For the purposes of this Directive:  - 'vehicle' means a motor vehicle, a trailer, a semi-trailer, or a combination of vehicles intended exclusively for the carriage of goods,  - 'hired vehicle' means any vehicle which, for remuneration and for a determined period, is put at the disposal of an undertaking which engages in the carriage of goods by road for hire or reward or for its own account on the basis of a contract with the undertaking which makes the vehicles available.  Article 2  Each Member State shall allow the use within its territory, for the purposes of traffic between Member States, of vehicles hired by undertakings established on the territory of another Member State provided that:  1. the vehicle is registered or put into circulation in compliance with the laws in the latter Member State;  2. the contract relates solely to the hiring of a vehicle without a driver and is not accompanied by a service contract concluded with the same undertaking covering driving or accompanying personnel;  3. the hired vehicle is at the sole disposal of the undertaking using it during the period of the hire contract;  4. the hired vehicle is driven by personnel of the undertaking using it;  5. proof of compliance with the above conditions is provided by the following documents, which must be on board the vehicle:  (a) the contract of hire, or a certified extract from that contract giving in particular the name of the lessor, the name of the lessee, the date and duration of the contract and the identification of the vehicle;  (b) where the driver is not the person hiring the vehicle, the driver's employment contract or a certified extract from that contract giving in particular the name of employer, the name of the employee and the date and duration of the employment contract or a recent pay slip.  If need be, the documents referred to in (a) and (b) may be replaced by an equivalent document issued by the competent authorities of the Member State.  Article 3  1. Member States shall take the necessary measures to ensure that their undertakings may use, for the carriage of goods by road, under the same conditions as vehicles owned by them, hired vehicles registered or put into circulation in compliance with the laws in their countries, provided that those undertakings fulfil the conditions laid down in Article 2.  2. Member States may exclude own-account carriage from the provisions of paragraph 1.  Article 4  1. This Directive shall not affect the regulations of a Member State which lays down less restrictive conditions for the use of hired vehicles than those specified in Articles 2 and 3.  2. This Directive shall not affect the regulations of a Member State which lays down a minimum hire period for the use of hired vehicles by its undertakings.  Article 5  Without prejudice to Articles 2 and 3, this Directive shall not affect the application of the rules concerning:  - the organization of the market for the carriage of goods by road for hire or reward and own account and in particular access to the market and, in particular, concerning quota restrictions on road capacities,  - prices and conditions for the carriage of goods by road,  - the formation of hire prices,  - the import of vehicles,  - the conditions governing access to the activity or occupation of road-vehicle lessor.  Article 6  In Annex I to the First Council Directive of 23 July 1962, point 11 (d), first subparagraph is replaced by the following:  '(d) the vehicles carrying the goods must be owned by the undertaking or have been bought by it on deferred terms or hired provided that in the latter case they meet the conditions of Council Directive 84/647/EEC on the use of vehicles hired without drivers for the carriage of goods by road (1).  (1) OJ No L 335, 22. 12. 1984, p. 72.'  Article 7  Member States shall take the measures necessary to comply with this Directive not later than 30 June 1986 and shall forthwith inform the Commission thereof.  Article 8  No later than 30 June 1989 the Council shall re-examine Articles 3 (2) and 4 (2) hereof on the basis of a report from the Commission accompanied by proposals, if appropriate.  Article 9  This Directive is addressed to the Member States.  Done at Brussels, 19 December 1984.  For the Commission  The President  J. BRUTON  (1) OJ No C 10, 16. 1. 1984, p. 91.  (2) OJ No C 35, 9. 2. 1984, p. 19.  (3) OJ No 70, 6. 8. 1962, p. 2005/62.  (4) OJ No L 27, 4. 2. 1982, p. 22.


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31984L0645

Council Directive 84/645/EEC of 11 December 1984 amending Directive 80/217/EEC introducing Community measures for the control of classical swine fever

Official Journal L 339 , 27/12/1984 P. 0033 - 0035 Spanish special edition: Chapter 03 Volume 33 P. 0056  Portuguese special edition Chapter 03 Volume 33 P. 0056  Finnish special edition: Chapter 3 Volume 18 P. 0089  Swedish special edition: Chapter 3 Volume 18 P. 0089

COUNCIL DIRECTIVE of 11 December 1984 amending Directive 80/217/EEC introducing Community measures for the control of classical swine fever (84/645/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 80/217/EEC (4), as last amended by Directive 81/476/EEC (5), introduced Community measures to be applied in the event of suspected or confirmed cases of classical swine fever;  Whereas, in view of the way in which the disease has developed, the measures implemented should be stepped up;  Whereas the conditions for carrying out the protective vaccination of herds threatened with contamination and the conditions for controlling the movement of livestock should be specified;  Whereas, in the event of the disease assuming serious epizootic proportions, it must be possible to make regional measures, in particular preventive vaccination, compulsory ; whereas, to this end, provision should be made for a rapid procedure for initiating close cooperation between the Member States and the Commission;  Whereas, in order to increase the effectiveness of Community recommendations regarding the intensification of measures to combat swine fever, it seems necessary to provide for the suspension of Community financial aid by way of derogation from Decision 80/1096/EEC (6),  HAS ADOPTED THIS DIRECTIVE:     Article 1 Directive 80/217/EEC is hereby amended as follows:  1. In the seventh indent of Article 5 (1), "15 days" is replaced by "30 days".       2. Article 9 is amended as follows:      (i) in paragraph 1, "2 kilometres" is replaced by "3 kilometres";           (ii) the second indent of paragraph 2 (a) is replaced by the following:  "- the pigs may not be removed from the holding on which they are kept during the first 15 days. Between the 15th day and the 30th day the pigs may not be removed from the said holding except to be transported under official supervision directly to a slaughterhouse for the purpose of immediate slaughter. Such transport may be authorized by the competent authority only after the official veterinarian has carried out an examination of all pigs on the holding and confirmed that none of the pigs is suspected of being infected with swine fever,";           (iii) in paragraph 2 (b), "15 days" is replaced by "30 days".                  3. Article 14 is replaced by the following:  "Article 14 1. Member States shall ensure that in general the following measures are applied:        - the use of specific immune-serum or sero-vaccination is prohibited,               - the manufacture, sale for any purpose, distribution and use of swine fever vaccine are placed under official control,               - requirements relating to swine fever vaccine established in accordance with the procedure laid down in Article 16 are observed,               - swine fever vaccines imported from third countries are authorized and checked by the  (1) OJ No C 19, 26.1.1984, p. 6. (2) OJ No C 127, 14.5.1984, p. 186. (3) OJ No C 206, 6.8.1984, p. 44. (4) OJ No L 47, 21.2.1980, p. 11. (5) OJ No L 186, 8.7.1981, p. 20. (6) OJ No L 325, 1.12.1980, p. 5.  competent authority in the importing Member State and are subject to the same conditions in respect of sale, distribution and use as apply to vaccine produced in the Member States.       2. Where swine fever is detected on one or more holdings or in one or more production units, and without prejudice to national provisions, where the latter provide for preventive vaccination of pigs against swine fever either on part or all of the territory, the measures to control the disease may be supplemented by the prompt vaccination under official control of pigs in other holdings or production units threatened with contamination in a territorial vaccination area or a production branch demarcated, in each case, by the competent authority. The vaccinated pigs shall be permanently marked in accordance with the instructions issued by the competent authority.  3. Where the competent authority decides on vaccination in a specific region, such vaccination shall be carried out systematically on all the pigs in the vaccination area. In this case, the following measures shall be applied within a period of six months of the completion of the vaccination operations, which period may be extended for a further six month:        (i) all pigs kept on holdings inside the vaccination area shall be vaccinated as soon as possible;               (ii) all pigs kept on holdings inside the vaccination area must remain there throughout the vaccination operations stipulated in point (i);               (iii) any pigs born on or transferred to a holding inside the vaccination area shall have been vaccinated. However, in the herds referred to in paragraph 4, piglets born after six months may be exempted from the vaccination operations;               (iv) in order to be allowed to leave the vaccination area, live vaccinated pigs must be intended for immediate slaughter and have been vaccinated at least 15 days beforehand. However, three months after completion of the vaccination operations referred to in (i), the competent authority may authorize the departure of vaccinated pigs intended for fattening, provided they are transferred under official control and the receiving holding contains only pigs for fattening and is kept under official surveillance until the vaccinated pigs are slaughtered.                 4. By way of derogation from paragraph 3, the competent authorities may, however, exempt herds of pigs of very great genetic value from systematic vaccination provided that all necessary steps are taken to ensure protection of their health and to subject them to periodic serological checks.  5. However, by way of derogation from paragraphs 3 and 4 a Member State may authorize vaccination to be confined to pigs for fattening in the vaccination area, subject to the condition that vaccinated pigs may not leave the holding on which they are kept except to be taken to a slaughter house for slaughter. In such a case, the following measures shall be applied for a period of six months, which period may be extended for a further six months:      (i) vaccination must be carried out as soon as possible;           (ii) during the vaccination operations and for 15 days following completion of these operations, live pigs for fattening must remain in the vaccination area;           (iii) all pigs for fattening brought to holdings in the vaccination area shall be vaccinated;           (iv) piglets coming from herds in which vaccination has taken place may only be transferred to holdings situated within the vaccination area for fattening;           (v) where live pigs for breeding or for fattening coming from non-vaccinated herds are moved to holdings situated outside the vaccination area, no pigs shall be allowed to leave the latter holdings, except for immediate slaughter, for 30 days following the arrival of the pigs from the vaccination area ; in the case of gestating sows, the 30-day period shall commence on farrowing."             4. The following Article is inserted:  "Article 14a 1. Where, in a given region, an epizootic of swine fever is exceptionally serious and is tending to spread, the Member State concerned shall declare a demarcated territorial area including at least all the protection zones in that area "a high health-risk area" in accordance with Article 9 (1).  2. Where the Member State in question does not intend to have recourse to Article 14 (3) and (4) it shall apply the measures provided for in Article 9 in the "high health-risk area" and stipulate the following in particular:        (a) no live pig may leave the "high health-risk" area;               (b) live pigs leaving a holding situated in the protection zone shall do so in accordance with the conditions laid down in Article 9 (2) (a), second indent, while live pigs from a holding situated in the remainder of the "high health-risk area" may be introduced into another holding in that area provided that no pig leaves the latter holding, except for immediate slaughter, for 30 days either after the arrival of the pigs or, in the case of gestating sows from such a holding, for 30 days after farrowing.                  3. If the alarming situation continues, all the measures to be taken by the Member States concerned, in particular determination of the high-risk area and recourse to the provisions of Article 14 (3) and (4), may be the subject of a recommendation in accordance with the procedure laid down in Article 16a.  If a Member State decides not to apply this recommendation, the Community financial assistance provided for under Decision 80/1096/EEC shall be suspended for the area by way of derogation from Article 1 of the Decision.  4. The measures laid down in the preceding paragraphs shall be discontinued after the elimination of the last protection zone in the "high health-risk area"."           5. The following Article shall be inserted:  "Article 16a 1. Where the procedure laid down in this Article is to be followed, the matter shall without delay be referred to the Committee by its chairman, either on his own initiative or at the request of a Member State.  2. Within the Committee, the votes of the Member States shall be weighted as laid down in Article 148 (2) of the Treaty. The chairman shall not vote.  3. The representative of the Commission shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on these measures within two days. Opinions shall be delivered by a majority or 45 votes.  4. The Commission shall adopt the measures and shall implement them immediately, where they are in accordance with the opinion of the Committee. Where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit a proposal to the Council on the measures to be taken. The Council shall adopt the measures by a qualified majority.  5. If the Council has not adopted any measures within 15 days of the date on which the matter is referred to it, the Commission shall adopt the proposed measures and shall implement them immediately unless the Council has voted against the measures by a simple majority."                   Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 March 1985. They shall forthwith inform the Commission thereof.    Article 3 This Directive is addressed to the Member States.     Done at Brussels, 11 December 1984.  For the Council  The President  A. DEASY