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31976L0307

Council Directive 76/307/EEC of 15 March 1976 amending Directives 66/403/EEC and 70/458/EEC on the marketing of seed potatoes and vegetable seed

Official Journal L 072 , 18/03/1976 P. 0016 - 0016 Greek special edition: Chapter 03 Volume 14 P. 0193  Spanish special edition: Chapter 03 Volume 9 P. 0254  Portuguese special edition Chapter 03 Volume 9 P. 0254  Finnish special edition: Chapter 3 Volume 7 P. 0024  Swedish special edition: Chapter 3 Volume 7 P. 0024

COUNCIL DIRECTIVE  of 15 March 1976  amending Directives 66/403/EEC and 70/458/EEC on the marketing of seed potatoes and vegetable seed  (76/307/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas it results from Article 15 of Council Directive 66/403/EEC of 14 June 1966 on the marketing of seed potatoes (3), as last amended by Directive 75/444/EEC (4) and from Article 32 of Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (5), as last amended by Directive 73/438/EEC (6), that after 1 July 1975 Member States may no longer establish under their own responsibility the equivalence of inspections and checks carried out in third countries ; whereas, however, the work intended to enable such equivalence to be determined at Community level has not yet been completed;  Whereas, therefore, in order to prevent the Member States' traditional trade patterns being disturbed, the Member States should, on the one hand, be granted the possibility in respect of seed potatoes of extending the validity of decisions on equivalence already taken by them and, on the other hand, the abovementioned date should be postponed in respect of vegetable seed,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The following paragraph shall be added to Article 15 of Directive 66/403/EEC:  "2a. Member States are hereby authorized to extend until 31 December 1976 the validity of decisions taken in accordance with paragraph 2 before 1 July 1975."   Article 2 In the second sentence of Article 32 (2) of Directive 70/458/EEC "30 June 1975" shall be replaced by "30 June 1977".   Article 3 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive with effect from 1 July 1975.  They shall forthwith inform the Commission thereof.   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 15 March 1976.  For the Council  The President  R. VOUEL  (1)OJ No C 7, 12.1.1976, p. 64. (2)OJ No C 50, 4.3.1976, p. 29. (3)OJ No 125, 11.7.1966, p. 2320/66. (4)OJ No L 196, 26.7.1975, p. 6. (5)OJ No L 225, 12.10.1970, p. 7. (6)OJ No L 356, 27.12.1973, p. 79.


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32004L0082

Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data

Official Journal L 261 , 06/08/2004 P. 0024 - 0027

 Council Directive  2004/82/EC of  29 April 2004  on the obligation of carriers to communicate passenger data

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) and Article 63(3)(b) thereof,

Having regard to the initiative of the Kingdom of Spain(1),

Whereas:

(1) In order to combat illegal immigration effectively and to improve border control, it is essential that all Member States introduce provisions laying down obligations on air carriers transporting passengers into the territory of the Member States. In addition, in order to ensure the greater effectiveness of this objective, the financial penalties currently provided for by the Member States for cases where carriers fail to meet their obligations should be harmonised to the extent possible, taking into account the differences in legal systems and practices between the Member States.

(2) The European Council of  25  and  26 March 2004  adopted a Declaration on combating terrorism stressing the need to expedite examination of measures in this area and take work forward on the proposed Council Directive on the obligation of carriers to communicate passenger data with a view to an early conclusion on this measure.

(3) It is important to avoid a vacuum in the Community's action in combating illegal immigration.

(4) As from  1 May 2004  the Council can no longer act on an initiative of a Member State.

(5) The Council has exhausted all possibilities to obtain in time the opinion of the European Parliament.

(6) Under these exceptional circumstances the Directive should be adopted without the opinion of the European Parliament.

(7) The obligations to be imposed on carriers by virtue of this Directive are complementary to those established pursuant to the provisions of Article 26 of the 1990 Schengen Convention implementing the Schengen Agreement of  14 June 1985 , as supplemented by Council Directive 2001/51/EC(2), the two types of obligation serving the same objective of curbing migratory flows and combating illegal immigration.

(8) Without prejudice to the provisions of Directive 95/46/EC of the European Parliament and of the Council of  24 October 1995  on the protection of individuals with regard to the processing of personal data and on the free movement of such data(3), the freedom of the Member States to retain or introduce additional obligations for aircarriers or some categories of other carriers, including information or data in relation to return tickets, whether referred to in this Directive or not, should not be affected.

(9) In order to combat illegal immigration more effectively and in order to ensure the greater effectiveness of this objective, it is essential that, without prejudice to the provisions of Directive 95/46/EC, account be taken at the earliest opportunity of any technological innovation, especially with reference to the integration and use of biometric features in the information to be provided by the carriers.

(10) Member States should ensure that in any proceedings brought against carriers which may result in the application of penalties, the rights of defence and the right of appeal against such decisions can be exercised effectively.

(11) These measures take up the control options set out in the Decision of the Executive Committee of Schengen (SCH/Com-ex (94) 17-rev. 4), aimed at enabling border checks to be increased and providing for sufficient time to enable detailed and comprehensive checks to be carried out on all passengers through the transmission of passenger data to the authorities responsible for carrying out such controls.

(12) Directive 95/46/EC applies with regard to the processing of personal data by the authorities of the Member States. This means, that whereas it would be legitimate to process the passenger data transmitted for the performance of border checks also for the purposes of allowing their use as evidence in proceedings aiming at the enforcement of the laws and regulations on entry and immigration, including their provisions on the protection of public policy (ordre public) and national security, any further processing in a way incompatible with those purposes would run counter to the principle set out in Article 6(1)(b) of Directive 95/46/EC. Member States should provide for a system of sanctions to be applied in the event of use contrary to the purpose of the present Directive.

(13) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Directive, and is not bound by it or subject to its application. Given that this Directive builds upon the Schengen  acquis  under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Directive whether it will implement it in its national law.

(14) As regards Iceland and Norway, this Directive constitutes a development of the provisions of the Schengen  acquis  within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter's association with the implementation, application and development of the Schengen  acquis (4), which fall within the area referred to in Article 1, point E, of Council Decision 1999/437/EC of  17 May 1999  on certain arrangements for the application of that Agreement(5).

(15) The United Kingdom is taking part in this Directive in accordance with Article 5 of the Protocol integrating the Schengen  acquis  into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, and Article 8(2) of Council Decision 2000/365/EC of  29 May 2000  concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen  acquis (6).

(16) Ireland is taking part in this Directive in accordance with Article 5 of the Protocol integrating the Schengen  acquis  into the framework of the European Union annexed to the Treaty on European Union and the Treaty establishing the European Community, and Article 6(2) of Council Decision 2002/192/EC of  28 February 2002  concerning Ireland's request to take part in some of the provisions of the Schengen  acquis (7).

(17) This Directive constitutes an act building upon the Schengen  acquis  or otherwise related to it within the meaning of Article 3(1) of the 2003 Act of Accession,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Objective

This Directive aims at improving border controls and combating illegal immigration by the transmission of advance passenger data by carriers to the competent national authorities.

Article 2

Definitions

For the purpose of this Directive:

(a)  «carrier»  means any natural or legal person whose occupation it is to provide passenger transport by air;

(b)  «external borders»  means the external borders of the Member States with third countries;

(c)  «border control»  means a check carried out at a border in response exclusively to an intention to cross that border, regardless of any other consideration;

(d)  «border crossing point»  means any crossing point authorised by the competent authorities for crossing external borders;

(e)  «personal data» ,  «processing of personal data»  and  «personal data filing system»  have the meaning as stipulated under Article 2 of Directive 95/46/EC.

Article 3

Data transmission

1. Member States shall take the necessary steps to establish an obligation for carriers to transmit at the request of the authorities responsible for carrying out checks on persons at external borders, by the end of check-in, information concerning the passengers they will carry to an authorised border crossing point through which these persons will enter the territory of a Member State.

2. The information referred to above shall comprise:

the number and type of travel document used,

nationality,

full names,

the date of birth,

the border crossing point of entry into the territory of the Member States,

code of transport,

departure and arrival time of the transportation,

total number of passengers carried on that transport,

the initial point of embarkation.

3. In any case the transmission of the above mentioned data does not discharge the obligations and responsibilities laid down in the provisions of Article 26 of the Schengen Convention for carriers, as supplemented by Directive 2001/51/EC.

Article 4

Sanctions

1. Member States shall take the necessary measures to impose sanctions on carriers which, as a result of fault, have not transmitted data or have transmitted incomplete or false data. Member States shall take the necessary measures to ensure that sanctions are dissuasive, effective and proportionate and that either:

(a) the maximum amount of such sanctions is not less than EUR 5000, or than the equivalent national currency at the rate of exchange published in the  Official Journal of the European Union  on the day on which this Directive enters into force for each journey for which passenger data were not communicated or were communicated incorrectly; or

(b) the minimum amount of such sanctions is not less than EUR 3000, or than the equivalent national currency at the rate of exchange published in the  Official Journal of the European Union  on the day on which this Directive enters into force for each journey for which passenger data were not communicated or were communicated incorrectly.

2. This Directive shall not prevent Member States from adopting or retaining, for carriers which infringe very seriously the obligations arising from the provisions of this Directive, other sanctions, such as immobilisation, seizure and confiscation of the means of transport, or temporary suspension or withdrawal of the operating licence.

Article 5

Proceedings

Member States shall ensure that their laws, regulations and administrative provisions stipulate that carriers against which proceedings are brought with a view to imposing penalties have effective rights of defence and appeal.

Article 6

Data processing

1. The personal data referred to in Article 3(1) shall be communicated to the authorities responsible for carrying out checks on persons at external borders through which the passenger will enter the territory of a Member State, for the purpose of facilitating the performance of such checks with the objective of combating illegal immigration more effectively.

Member States shall ensure that these data are collected by the carriers and transmitted electronically or, in case of failure, by any other appropriate means to the authorities responsible for carrying out border checks at the authorised border crossing point through which the passenger will enter the territory of a Member State. The authorities responsible for carrying out checks on persons at external borders shall save the data in a temporary file.

After passengers have entered, these authorities shall delete the data, within 24 hours after transmission, unless the data are needed later for the purposes of exercising the statutory functions of the authorities responsible for carrying out checks on persons at external borders in accordance with national law and subject to data protection provisions under Directive 95/46/EC.

Member States shall take the necessary measures to oblige carriers to delete, within 24 hours of the arrival of the means of transportation pursuant to Article 3(1), the personal data they have collected and transmitted to the border authorities for the purposes of this Directive.

In accordance with their national law and subject to data protection provisions under Directive 95/46/EC, Member States may also use the personal data referred to in Article 3(1) for law enforcement purposes.

2. Member States shall take the necessary measures to oblige the carriers to inform the passengers in accordance with the provisions laid down in Directive 95/46/EC. This shall also comprise the information referred to in Article 10(c) and Article 11(1)(c) of Directive 95/46/EC.

Article 7

Transposal

1. Member States shall take the necessary measures to comply with this Directive not later than 5 September 2006. They shall forthwith inform the Commission thereof.

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.

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

Article 8

Entry into force

This Directive shall enter into force 30 days after its publication in the  Official Journal of the European Union.

Article 9

Addressees

This Directive is addressed to the Member States in accordance with the Treaty establishing the European Community.

Done at Luxembourg,  29 April 2004 .

 For the Council

 The President

M. Mc Dowell

(1) OJ C 82, 5.4.2003, p. 23.

(2) OJ L 187, 10.7.2001, p. 45.

(3) OJ L 281, 23.11.1995, p. 31.

(4) OJ L 176, 10.7.1999, p. 36.

(5) OJ L 176, 10.7.1999, p. 31.

(6) OJ L 131, 1.6.2000, p. 43.

(7) OJ L 64, 7.3.2002, p. 20.


title: Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered by Part II, Chapter 3 , Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (codified version)   (Text with EEA relevance)

text:
               27.12.2006

               EN

               Official Journal of the European Union

               L 374/1

      DIRECTIVE 2006/93/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 12 December 2006
   on the regulation of the operation of aeroplanes covered by Part II, Chapter 3 , Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988)
   (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 80(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 92/14/EEC of 2 March 1992 on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               The application of noise emission standards to civil subsonic jet aeroplanes has significant consequences for the provision of air transport services, in particular where such standards limit the useful life of aeroplanes operated by airlines.

               (3)

               Council Directive 89/629/EEC of 4 December 1989 on the limitation of noise emission from civil subsonic jet aeroplanes (5) limits the addition to the civil air registers of Member States of aeroplanes that comply only with the standards specified in Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988). That Directive specifies that the limitation on addition is only a first stage.

               (4)

               Owing to the problem of growing congestion at Community airports, it is essential to ensure that the best use is made of existing facilities. This will only be possible if environmentally acceptable aeroplanes are used.

               (5)

               The work undertaken by the Community in cooperation with other international bodies indicates that measures to limit the operation of aeroplanes which do not comply with the standards of Chapter 3 of Annex 16 must follow any non-addition rule in order for this to be of environmental benefit.

               (6)

               Common rules for this purpose should be introduced on a reasonable time-scale to ensure a harmonised approach throughout the Community, supplementing existing rules. This is particularly important in view of the recent trend towards progressive liberalisation of European air traffic.

               (7)

               Aeroplane noise should be reduced, taking into account environmental factors, technical feasibility and economic consequences.

               (8)

               It is appropriate to regulate the operation of civil subsonic jet aeroplanes which appear on Member States' registers and comply with the standards of Chapter 3 of Annex 16.

               (9)

               Member States should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive. Those penalties should be effective, proportionate and dissuasive.

               (10)

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

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   1.   The objective of this Directive is to regulate the operation of civil subsonic jet aeroplanes as specified in Article 2.
   2.   This Directive shall apply to aeroplanes with a maximum take-off mass of 34 000 kg or more or with a certified maximum internal accommodation for the aeroplane type in question consisting of more than nineteen passenger seats, excluding any seats for crew only.
   Article 2
   1.   Member States shall ensure that all civil subsonic jet aeroplanes operating from airports situated in their territory comply with the standards specified in Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988).
   2.   The territory referred to in paragraph 1 shall not include the overseas departments referred to in Article 299(2) of the Treaty.
   Article 3
   1.   Member States may grant exemptions from Article 2 for aeroplanes of historical interest.
   2.   Any Member State granting exemptions under paragraph 1 shall inform the competent authorities of the other Member States and the Commission of the fact and of the grounds for its decision.
   3.   Every Member State shall recognise the exemptions granted by another Member State in respect of aeroplanes entered on the registers of the latter.
   4.   In individual cases, Member States may permit the temporary use, at airports situated in their territory, of aeroplanes which cannot be operated on the basis of the other provisions of this Directive. This exemption should be limited to:

               (a)

               aeroplanes whose operations are of such an exceptional nature that it would be unreasonable to withhold a temporary exemption;

               (b)

               aeroplanes on non-revenue flights for the purposes of alterations, repair or maintenance.

         Article 4
   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 5
   Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that those rules are implemented . The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission and shall notify it without delay of any subsequent amendment affecting them.
   Article 6
   1.   Directive 92/14/EEC is hereby repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part B.
   2.   References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex II.
   Article 7
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 8
   This Directive is addressed to the Member States.

      Done at Strasbourg, 12 December 2006.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         M. PEKKARINEN

      (1)  OJ C 108, 30.4.2004, p. 55.

      (2)  Opinion of the European Parliament of 10 February 2004 (OJ C 97 E, 22.4.2004, p. 67) and Council Decision of 14 November 2006.

      (3)  OJ L 76, 23.3.1992, p. 21. Directive as last amended by Commission Regulation (EC) No 991/2001 (OJ L 138, 22.5.2001, p. 12).

      (4)  See Annex Ι, Part A.

      (5)  OJ L 363, 13.12.1989, p. 27.

      ANNEX I
      Part A
      Repealed Directive with its successive amendments

                  Council Directive 92/14/EEC

                  (OJ L 76, 23.3.1992, p. 21)

                  Council Directive 98/20/EC

                  (OJ L 107, 7.4.1998, p. 4)

                  Commission Directive 1999/28/EC

                  (OJ L 118, 6.5.1999, p. 53)

                  Commission Regulation (EC) No 991/2001

                  (OJ L 138, 22.5.2001, p. 12)

            Part B
      List of time-limits for transposition into national law

         (referred to in Article 6)

                  Directive

                  Time-limit for transposition

                  92/14/EEC

                  1 July 1992

                  98/20/EC

                  1 March 1999

                  1999/28/EC

                  1 September 1999

      ANNEX II
      CORRELATION TABLE

                  Directive 92/14/EEC

                  This Directive

                  Article 1(1) and (2)

                  Article 1(1) and (2)

                  Article 1(3)

                  —

                  Article 2(1)

                  —

                  Article 2(2)

                  Article 2(1)

                  Article 2(3)

                  Article 2(2)

                  Article 2(4)

                  —

                  Articles 3 and 4

                  —

                  Article 5(1)

                  —

                  Article 5(2)

                  Article 3(1)

                  Articles 6 and 7

                  —

                  Article 8

                  Article 3(4)

                  Article 9(1)

                  Article 3(2)

                  Article 9(2)

                  Article 3(3)

                  Articles 9a and 9b

                  —

                  Article 10(1)

                  —

                  Article 10(2)

                  Article 4

                  —

                  Article 5 (1)

                  —

                  Article 6

                  —

                  Article 7

                  Article 11

                  Article 8

                  Annex

                  —

                  —

                  Annex I

                  —

                  Annex II

         (1)  Article 2 of Council Directive 98/20/EC.


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32000L0051

Commission Directive 2000/51/EC of 26 July 2000 amending Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs (Text with EEA relevance)

Official Journal L 198 , 04/08/2000 P. 0041 - 0043

Commission Directive 2000/51/ECof 26 July 2000amending Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use 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 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption(1), as amended by European Parliament and Council Directive 94/34/EC(2), and in particular Article 3(3)(a) thereof,After consulting the Scientific Committee on Food,Whereas:(1) European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffs(3), as amended by Directive 96/83/EC(4), lists those substances which may be used as sweeteners in foodstuffs.(2) Commission Directive 95/31/EC of 5 July 1995 laying down specific criteria of purity concerning sweeteners for use in foodstuffs(5), as amended by Directive 98/66/EC(6), sets out the purity criteria for the sweeteners mentioned in Directive 94/35/EC.(3) It is necessary, in the light of technical progress, to amend the purity criteria set out in Directive 95/31/EC for mannitol (E 421) and maltitol syrup (E 965(ii)). It is consequently necessary to adapt that Directive.(4) It is necessary to take into account the specifications and analytical techniques for sweeteners as set out in the Codex Alimentarius by the Joint FAO/WHO Expert Committee on Food Additives (JECFA).(5) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,HAS ADOPTED THIS DIRECTIVE:Article 1In the Annex to Directive 95/31/EC, the text concerning (E 421) mannitol and (E 965 (ii)) maltitol syrup shall be replaced by the text in the Annex to this Directive.Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2001 at the latest. They shall forthwith inform the Commission thereof.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.Article 3This Directive shall enter into force on the twentieth day following its publication in Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 26 July 2000.For the CommissionDavid ByrneMember of the Commission(1) OJ L 40, 11.2.1989, p. 27.(2) OJ L 237, 10.9.1994, p. 1.(3) OJ L 237, 10.9.1994, p. 3.(4) OJ L 48, 19.2.1997, p. 16.(5) OJ L 178, 28.7.1995, p. 1.(6) OJ L 257, 19.9.1998, p. 35.ANNEX"E 421 MANNITOL>TABLE>""E 965(ii) SYRUP MALTITOL>TABLE>"


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32003L0072

Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees

Official Journal L 207 , 18/08/2003 P. 0025 - 0036

Council Directive 2003/72/ECof 22 July 2003supplementing the Statute for a European Cooperative Society with regard to the involvement of employeesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 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 European Economic and Social Committee(3),Whereas:(1) In order to attain the objectives of the Treaty, Council Regulation (EC) No 1435/2003(4) establishes a Statute for a European Cooperative Society (SCE).(2) That Regulation aims at creating a uniform legal framework within which cooperatives and other entities and natural persons from different Member States should be able to plan and carry out the reorganisation of their business in cooperative form on a Community scale.(3) In order to promote the social objectives of the Community, special provisions have to be set, notably in the field of employee involvement, aimed at ensuring that the establishment of an SCE does not entail the disappearance or reduction of practices of employee involvement existing within the entities participating in the establishment of an SCE. This objective should be pursued through the establishment of a set of rules in this field, supplementing the provisions of Regulation (EC) No 1435/2003.(4) Since the objectives of the proposed action, as outlined above, cannot be sufficiently achieved by the Member States, in that the object is to establish a set of rules on employee-involvement applicable to the SCE, and can therefore, by reason of the scale and impact of the proposed 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 to achieve these objectives.(5) The great diversity of rules and practices existing in the Member States as regards the manner in which employees' representatives are involved in decision-making within cooperatives makes it inadvisable to set up a single European model of employee involvement applicable to the SCE.(6) Information and consultation procedures at transnational level should be ensured in all cases of creation of an SCE, with the necessary adaptation for SCEs formed ex novo where this is justified by their size, as measured in terms of employment.(7) If participation rights exist within one or more entities establishing an SCE, they should in principle be preserved through their transfer to the SCE, once established, unless the parties decide otherwise.(8) The concrete procedures of employee transnational information and consultation, as well as, if applicable, participation, to apply to each SCE should be defined primarily by means of an agreement between the parties concerned or, in the absence thereof, through the application of a set of subsidiary rules.(9) Member States should still have the option of not applying the standard rules relating to participation in the case of a merger, given the diversity of national systems for employee involvement. Existing systems and practices of participation where appropriate at the level of participating entities must in that case be maintained by adapting registration rules.(10) The voting rules within the special body representing the employees for negotiation purposes, in particular when concluding agreements providing for a level of participation lower than the one existing within one or more of the participating entities, should be proportionate to the risk of disappearance or reduction of existing systems and practices of participation. That risk is greater in the case of an SCE established by way of transformation or merger than by way of creating an ex novo SCE.(11) In the absence of an agreement subsequent to the negotiation between employees' representatives and the competent organs of the participating entities, provision should be made for certain standard rules to apply to the SCE, once it is established. These standard rules should ensure effective practices of transnational information and consultation of employees, as well as their participation in the relevant organs of the SCE if such participation existed before its establishment within the participating entities.(12) When application of the abovementioned procedures to the entities participating in the ex novo SCE cannot be justified because of their small size as measured in terms of employment, the SCE should be subject to the national rules on the involvement of employees in force in the Member State where it establishes its registered office, or in the Member States where it has subsidiaries or establishments. This should be without prejudice to the obligation placed on an SCE already established to implement these procedures if a significant number of employees so requests.(13) Specific provisions should apply to employee participation in general meetings, in so far as national laws so allow. The application of these provisions does not preclude the application of other forms of participation, as provided for in this Directive.(14) Member States should ensure through appropriate provisions that, in the case of structural changes following the creation of an SCE, the arrangements for the involvement of employees can, where appropriate, be renegotiated.(15) Provision should be made for the employees' representatives acting within the framework of this Directive to enjoy, when exercising their functions, the same protection and guarantees as those provided for employees' representatives by the legislation and/or practice of the country of employment. They should not be subject to any discrimination, including harassment, as a result of the lawful exercise of their activities and should enjoy adequate protection as regards dismissal and other sanctions.(16) The confidentiality of sensitive information should be preserved even after the expiry of the terms of office of the employees' representatives, and provision should be made to allow the competent organ of the SCE to withhold information which would seriously harm, if subject to public disclosure, the functioning of the SCE.(17) Where an SCE and its subsidiaries and establishments are subject to Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees(5), the provisions of that Directive and the provisions transposing it into national legislation should not apply to it nor to its subsidiaries and establishments, unless the special negotiating body decides not to open negotiations or to terminate negotiations already opened.(18) This Directive should not affect other existing rights regarding involvement and need not affect other existing representation structures, provided for by Community and national laws and practices.(19) Member States should take appropriate measures in the event of failure to comply with the obligations laid down in this Directive.(20) The Treaty has not provided the necessary powers for the Community to adopt this Directive, other than those provided for in Article 308.(21) It is a fundamental principle and stated aim of this Directive to secure employees' acquired rights as regards involvement in company decisions. Employee rights in force before the establishment of SCEs should provide the basis for employee rights of involvement in the SCE (the "before and after" principle). Consequently, that approach should apply not only to the initial establishment of an SCE but also to structural changes in an existing SCE and to the entities affected by structural change processes. Therefore, where the registered office of an SCE is transferred from one Member State to another, at least the same level of employee involvement rights should continue to apply. Further, if the threshold concerning employee involvement is reached or exceeded after the registration of an SCE, these rights should apply in the same manner in which they would have applied, had the threshold been reached or exceeded before registration.(22) Member States may provide that representatives of trade unions may be members of a special negotiating body regardless of whether they are employees of an entity participating in the establishment of an SCE. Member States should in this context in particular be able to introduce this right in cases where trade union representatives have the right to be members of, and to vote in, supervisory or administrative company organs in accordance with national legislation.(23) In several Member States, employee involvement and other areas of industrial relations are based on both national legislation and practice which in this context is understood also to cover collective agreements at various national, sectorial and/or company levels,HAS ADOPTED THIS DIRECTIVE:SECTION IGENERALArticle 1Objective1. This Directive governs the involvement of employees in the affairs of European Cooperative Societies (hereinafter referred to as SCEs), as referred to in Regulation (EC) No 1435/2003.2. To this end, arrangements for the involvement of employees shall be established in every SCE in accordance with the negotiating procedure referred to in Articles 3 to 6 or, under the circumstances specified in Articles 7 and 8, in accordance with the Annex.Article 2DefinitionsFor the purposes of this Directive:(a) "SCE" means any cooperative society established in accordance with Regulation (EC) No 1435/2003;(b) "participating legal entities" means companies and firms within the meaning of the second paragraph of Article 48 of the Treaty, including cooperatives, as well as legal bodies formed under, and governed by, the law of a Member State, directly participating in the establishing of an SCE;(c) "subsidiary" of a participating legal entity or of an SCE means an undertaking over which that legal entity or SCE exercises a dominant influence defined in accordance with Article 3(2) to (7) of Directive 94/45/EC;(d) "concerned subsidiary or establishment" means a subsidiary or establishment of a participating legal entity which is proposed to become a subsidiary or establishment of the SCE upon its formation;(e) "employees' representatives" means the employees' representatives provided for by national law and/or practice;(f) "representative body" means the body representative of the employees set up by the agreements referred to in Article 4 or in accordance with the provisions of the Annex, with the purpose of informing and consulting the employees of an SCE and its subsidiaries and establishments situated in the Community and, where applicable, of exercising participation rights in relation to the SCE;(g) "special negotiating body" means the body established in accordance with Article 3 to negotiate with the competent organ of the participating legal entities regarding the establishment of arrangements for the involvement of employees within the SCE;(h) "involvement of employees" means any mechanism, including information, consultation and participation, through which employees' representatives may exercise an influence on decisions to be taken within an undertaking;(i) "information" means the informing of the body representative of the employees and/or the employees' representatives by the competent organ of the SCE on questions which concern the SCE itself and any of its subsidiaries or establishments situated in another Member State or which exceed the powers of the decision-making organs in a single Member State at a time, in a manner and with a content which allows the employees' representatives to undertake an in-depth assessment of the possible impact and, where appropriate, prepare consultations with the competent organ of the SCE;(j) "consultation" means the establishment of dialogue and exchange of views between the body representative of the employees and/or the employees' representatives and the competent organ of the SCE, at a time, in a manner and with a content which allows the employees' representatives, on the basis of information provided, to express an opinion on measures envisaged by the competent organ which may be taken into account in the decision-making process within the SCE;(k) "participation" means the influence of the body representative of the employees and/or the employees' representatives in the affairs of a legal entity by way of:- the right to elect or appoint some of the members of the legal entity's supervisory or administrative organ, or- the right to recommend and/or oppose the appointment of some or all of the members of the legal entity's supervisory or administrative organ.SECTION IINEGOTIATING PROCEDURE APPLICABLE TO SCEs ESTABLISHED BY AT LEAST TWO LEGAL ENTITIES OR BY TRANSFORMATIONArticle 3Creation of a special negotiating body1. Where the management or administrative organs of participating legal entities draw up a plan for the establishment of an SCE, they shall as soon as possible take the necessary steps, including providing information on the identity of the participating legal entities and subsidiaries or establishments, as well as the number of their employees, to start negotiations with the representatives of the legal entities' employees on arrangements for the involvement of employees in the SCE.2. For this purpose, a special negotiating body representative of the employees of the participating legal entities and concerned subsidiaries or establishments shall be created in accordance with the following provisions:(a) in electing or appointing members of the special negotiating body, it shall be ensured:(i) that such members are elected or appointed in proportion to the number of employees employed in each Member State by the participating legal entities and concerned subsidiaries or establishments, by allocating in respect of a Member State one seat per each portion of employees employed in that Member State which equals 10 %, or a fraction thereof, of the number of employees employed in all the Member States taken together;(ii) that in the case of an SCE formed by way of merger, there are such further additional members from each Member State as may be necessary in order to ensure that the special negotiating body includes at least one member representing each participating cooperative which is registered and has employees in that Member State and which it is proposed will cease to exist as a separate legal entity following the registration of the SCE, insofar as:- the number of such additional members does not exceed 20 % of the number of members designated by virtue of point (i); and- the composition of the special negotiating body does not entail a double representation of the employees concerned.If the number of such cooperatives is higher than the number of additional seats available pursuant to the first subparagraph, these additional seats shall be allocated to cooperatives in different Member States by decreasing order of the number of employees they employ.(b) Member States shall determine the method to be used for the election or appointment of the members of the special negotiating body who are to be elected or appointed in their territories. They shall take the necessary measures to ensure that, as far as possible, such members shall include at least one member representing each participating legal entity which has employees in the Member State concerned. Such measures must not increase the overall number of members. The methods used to nominate, appoint or elect employee representatives should seek to promote gender balance.Member States may provide that such members may include representatives of trade unions whether or not they are employees of a participating legal entity or concerned subsidiary or establishment.Without prejudice to national legislation and/or practice laying down thresholds for the establishing of a representative body, Member States shall provide that employees in undertakings or establishments in which there are no employees' representatives through no fault of their own have the right to elect or appoint members of the special negotiating body.3. The special negotiating body and the competent organs of the participating legal entities shall determine, by written agreement, arrangements for the involvement of employees within the SCE.To this end, the competent organs of the participating legal entities shall inform the special negotiating body of the plan and the actual process of establishing the SCE, up to its registration.4. Subject to paragraph 6, the special negotiating body shall take decisions by an absolute majority of its members, provided that such a majority also represents an absolute majority of the employees. Each member shall have one vote. However, should the result of the negotiations lead to a reduction of participation rights, the majority required for a decision to approve such an agreement shall be the votes of two thirds of the members of the special negotiating body representing at least two thirds of the employees, including the votes of members representing employees employed in at least two Member States,- in the case of an SCE to be established by way of merger, if participation covers at least 25 % of the overall number of employees of the participating cooperatives, or- in the case of an SCE to be established by any other way, if participation covers at least 50 % of the overall number of employees of the participating legal entities.Reduction of participation rights means a proportion of members of the organs of the SCE within the meaning of Article 2(k), which is lower than the highest proportion existing within the participating legal entities.5. For the purpose of the negotiations, the special negotiating body may request experts of its choice, for example representatives of appropriate Community level trade union organisations, to assist it with its work. Such experts may be present at negotiation meetings in an advisory capacity at the request of the special negotiating body, where appropriate to promote coherence and consistency at Community level. The special negotiating body may decide to inform the representatives of appropriate external organisations, including trade unions, of the start of the negotiations.6. The special negotiating body may decide by the majority set out in the second subparagraph not to open negotiations or to terminate negotiations already opened, and to rely on the rules on information and consultation of employees in force in the Member States where the SCE has employees. Such a decision shall stop the procedure to conclude the agreement referred to in Article 4. Where such a decision has been taken, none of the provisions of the Annex shall apply.The majority required to decide not to open or to terminate negotiations shall be the votes of two thirds of the members representing at least two thirds of the employees, including the votes of members representing employees employed in at least two Member States.In the case of an SCE established by way of transformation, this paragraph shall not apply if there is participation in the cooperative to be transformed.The special negotiating body shall be reconvened at the written request of at least 10 % of the employees of the SCE, its subsidiaries and establishments, or their representatives, at the earliest two years after the abovementioned decision, unless the parties agree to negotiations being reopened sooner. If the special negotiating body decides to reopen negotiations with the management but no agreement is reached as a result of those negotiations, none of the provisions of the Annex shall apply.7. Any expenses relating to the functioning of the special negotiating body and, in general, to negotiations shall be borne by the participating legal entities so as to enable the special negotiating body to carry out its task in an appropriate manner.In compliance with this principle, Member States may lay down budgetary rules regarding the operation of the special negotiating body. They may in particular limit the funding to cover one expert only.Article 4Content of the agreement1. The competent organs of the participating legal entities and the special negotiating body shall negotiate in a spirit of cooperation with a view to reaching an agreement on arrangements for the involvement of the employees within the SCE.2. Without prejudice to the autonomy of the parties, and subject to paragraph 4, the agreement referred to in paragraph 1 between the competent organs of the participating legal entities and the special negotiating body shall specify:(a) the scope of the agreement;(b) the composition, number of members and allocation of seats on the representative body which will be the discussion partner of the competent organ of the SCE in connection with arrangements for the information and consultation of the employees of the SCE and its subsidiaries and establishments;(c) the functions and the procedure for the information and consultation of the representative body;(d) the frequency of meetings of the representative body;(e) the financial and material resources to be allocated to the representative body;(f) if, during negotiations, the parties decide to establish one or more information and consultation procedures instead of a representative body, the arrangements for implementing those procedures;(g) if, during negotiations, the parties decide to establish arrangements for participation, the substance of those arrangements including (if applicable) the number of members in the SCE's administrative or supervisory body which the employees will be entitled to elect, appoint, recommend or oppose, the procedures as to how these members may be elected, appointed, recommended or opposed by the employees, and their rights;(h) the date of entry into force of the agreement and its duration, cases where the agreement should be renegotiated and the procedure for its renegotiation, including, where appropriate, in the event of structural changes in the SCE and its subsidiaries and establishments which occur after the creation of the SCE.3. The agreement shall not, unless provision is made otherwise therein, be subject to the standard rules referred to in the Annex.4. Without prejudice to Article 15(3)(a), in the case of an SCE established by means of transformation, the agreement shall provide for at least the same level of all elements of employee involvement as the ones existing within the cooperative to be transformed into an SCE.5. The agreement may specify the arrangements for the entitlement of employees to participate in the general meetings or in the section or sectorial meetings in accordance with Article 9 of this Directive and Article 59(4) of Regulation (EC) No 1435/2003.Article 5Duration of negotiations1. Negotiations shall commence as soon as the special negotiating body is established and may continue for six months thereafter.2. The parties may decide, by joint agreement, to extend negotiations beyond the period referred to in paragraph 1, up to a total of one year from the establishment of the special negotiating body.Article 6Legislation applicable to the negotiation procedureExcept where otherwise provided in this Directive, the legislation applicable to the negotiation procedure provided for in Articles 3, 4 and 5 shall be the legislation of the Member State in which the registered office of the SCE is to be situated.Article 7Standard rules1. In order to achieve the objective described in Article 1, Member States shall lay down standard rules on employee involvement which must satisfy the provisions set out in the Annex.The standard rules as laid down by the legislation of the Member State in which the registered office of the SCE is to be situated shall apply from the date of the registration of the SCE where either:(a) the parties so agree; or(b) by the deadline laid down in Article 5, no agreement has been concluded, and:- the competent organ of each of the participating legal entities decides to accept the application of the standard rules in relation to the SCE and so to continue with its registration of the SCE, and- the special negotiating body has not taken the decision provided in Article 3(6).2. Moreover, the standard rules fixed by the national legislation of the Member State of registration in accordance with part 3 of the Annex shall apply only:(a) in the case of an SCE established by transformation, if the rules of a Member State relating to employee participation in the administrative or supervisory body applied to a cooperative transformed into an SCE;(b) in the case of an SCE established by merger:- if, before registration of the SCE, one or more forms of participation applied in one or more of the participating cooperatives covering at least 25 % of the total number of employees employed by them, or- if, before registration of the SCE, one or more forms of participation applied in one or more of the participating cooperatives covering less than 25 % of the total number of employees employed by them and if the special negotiating body so decides;(c) in the case of an SCE established by any other way;- if, before registration of the SCE, one or more forms of participation applied in one or more of the participating legal entities covering at least 50 % of the total number of employees employed by them; or- if, before registration of the SCE, one or more forms of participation applied in one or more of the participating legal entities covering less than 50 % of the total number of employees employed by them and if the special negotiating body so decides.If there was more than one form of participation within the various participating legal entities, the special negotiating body shall decide which of those forms must be established in the SCE. Member States may fix the rules which are applicable in the absence of any decision on the matter for an SCE registered in their territory. The special negotiating body shall inform the competent organs of the participating legal entities of any decisions taken pursuant to this paragraph.3. Member States may lay down that the standard rules referred to in Part 3 of the Annex shall not apply in the case provided for in paragraph 2(b).SECTION IIIRULES APPLICABLE TO SCEs ESTABLISHED EXCLUSIVELY BY NATURAL PERSONS OR BY A SINGLE LEGAL ENTITY AND NATURAL PERSONSArticle 81. In the case of an SCE established exclusively by natural persons or by a single legal entity and natural persons, which together employ at least 50 employees in at least two Member States, the provisions of Articles 3 to 7 shall apply.2. In the case of an SCE established exclusively by natural persons or by a single legal entity and natural persons, which together employ fewer than 50 employees, or employ 50 or more employees in only one Member State, employee involvement shall be governed by the following:- in the SCE itself, the provisions of the Member State of the SCE's registered office, which are applicable to other entities of the same type, shall apply,- in its subsidiaries and establishments, the provisions of the Member State where they are situated, and which are applicable to other entities of the same type, shall apply.In the case of transfer from one Member State to another of the registered office of an SCE governed by participation, at least the same level of employee participation rights shall continue to apply.3. If, after the registration of an SCE referred to in paragraph 2, at least one third of the total number of employees of the SCE and its subsidiaries and establishments in at least two different Member States so requests, or if the total number of employees reaches or exceeds 50 employees in at least two Member States, the provisions of Articles 3 to 7 shall be applied, mutatis mutandis. In this case, the words "participating legal entities" and "concerned subsidiaries or establishments" shall be replaced by the words "SCE" and "subsidiaries or establishments of the SCE" respectively.SECTION IVPARTICIPATION IN THE GENERAL MEETING OR SECTION OR SECTORIAL MEETINGArticle 9Subject to the limits laid down in Article 59(4) of Regulation (EC) No 1435/2003, the employees of the SCE and/or their representatives will be entitled to participate in the general meeting or, if it exists, in the section or sectorial meeting, with the right to vote, in the following circumstances:1. when the parties so decide in the agreement referred to in Article 4, or2. when a cooperative governed by such a system transforms itself into an SCE, or3. when, in the case of an SCE established by means other than transformation, a participating cooperative was governed by such a system and:(i) the parties cannot reach agreement, as referred to in Article 4, by the deadline laid down in Article 5; and(ii) Article 7(1)(b) and Part 3 of the Annex apply; and(iii) the participating cooperative governed by such a system has the highest proportion of participation, within the meaning of Article 2(k), in force in the participating cooperatives concerned before registration of the SCE.SECTION VMISCELLANEOUS PROVISIONSArticle 10Reservation and confidentiality1. Member States shall provide that members of the special negotiating body or the representative body, and experts who assist them, are not authorised to reveal any information which as been given to them in confidence.The same shall apply to employees' representatives in the context of an information and consultation procedure.This obligation shall continue to apply, wherever the persons referred to may be, even after the expiry of their terms of office.2. Each Member State shall provide, in specific cases and under the conditions and limits laid down by national legislation, that the supervisory or administrative organ of an SCE or of a participating legal entity established in its territory is not obliged to transmit information where its nature is such that, according to objective criteria, to do so would seriously harm the functioning of the SCE (or, as the case may be, a participating legal entity) or its subsidiaries and establishments or would be prejudicial to them.A Member State may make such dispensation subject to prior administrative or judicial authorisation.3. Each Member State may lay down particular provisions for SCEs in its territory which pursue directly and essentially the aim of ideological guidance with respect to information and the expression of opinions, on condition that, on the date of adoption of this Directive, such provisions already exist in the national legislation.4. In applying paragraphs 1, 2 and 3, Member States shall make provision for administrative or judicial appeal procedures which the employees' representatives may initiate when the supervisory or administrative organ of an SCE or of a participating legal entity demands confidentiality or does not give information.Such procedures may include arrangements designed to protect the confidentiality of the information in question.Article 11Operation of the representative body and procedure for the information and consultation of employeesThe competent organ of the SCE and the representative body shall work together in a spirit of cooperation with due regard for their reciprocal rights and obligations.The same shall apply to cooperation between the supervisory or administrative organ of the SCE and the employees' representatives in conjunction with a procedure for the information and consultation of employees.Article 12Protection of employees' representativesThe members of the special negotiating body, the members of the representative body, any employees' representatives exercising functions under the information and consultation procedure and any employees' representatives in the supervisory or administrative organ of an SCE who are employees of the SCE, its subsidiaries or establishments or of a participating legal entity shall, in the exercise of their functions, enjoy the same protection and guarantees provided for employees' representatives by the national legislation and/or practice in force in their country of employment.This shall apply in particular to attendance at meetings of the special negotiating body or representative body, any other meeting under the agreement referred to in Article 4(2)(f) or any meeting of the administrative or supervisory organ, and to the payment of wages for members employed by a participating legal entity or the SCE or its subsidiaries or establishments during a period of absence necessary for the performance of their duties.Article 13Misuse of proceduresMember States shall take appropriate measures in conformity with Community law with a view to preventing the misuse of an SCE for the purpose of depriving employees of rights to employee involvement or withholding such rights.Article 14Compliance with this Directive1. Each Member State shall ensure that the management of establishments of an SCE and the supervisory or administrative organs of subsidiaries and of participating legal entities which are situated within its territory and the employees' representatives or, as the case may be, the employees themselves abide by the obligations laid down by this Directive, regardless of whether or not the SCE has its registered office within its territory.2. Member States shall provide for appropriate measures in the event of failure to comply with this Directive; in particular they shall ensure that administrative or legal procedures are available to enable the obligations deriving from this Directive to be enforced.Article 15Link between this Directive and other provisions1. Where an SCE is a Community-scale undertaking or a controlling undertaking of a Community-scale group of undertakings within the meaning of Directive 94/45/EC or of Council Directive 97/74/EC of 15 December 1997 extending the said Directive to the United Kingdom(6), the provisions of these Directives and the provisions transposing them into national legislation shall not apply to them or to their subsidiaries.However, where the special negotiating body decides in accordance with Article 3(6) not to open negotiations or to terminate negotiations already opened, Directive 94/45/EC or Directive 97/74/EC and the provisions transposing them into national legislation shall apply.2. Provisions on the participation of employees in company bodies provided for by national legislation and/or practice, other than those implementing this Directive, shall not apply to the SCEs to which Articles 3 to 7 apply.3. This Directive shall not prejudice:(a) the existing rights to involvement of employees provided for by national legislation and/or practice in the Member States as enjoyed by employees of the SCE and its subsidiaries and establishments, other than participation in the bodies of the SCE;(b) the provisions on participation in the bodies laid down by national legislation and/or practice applicable to the subsidiaries of the SCE or to SCEs to which Articles 3 to 7 do not apply.4. In order to preserve the rights referred to in paragraph 3, Member States may take the necessary measures to guarantee that the structures of employee representation in participating legal entities which will cease to exist as separate legal entities are maintained after the registration of the SCE.Article 16Final provisions1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive no later than 18 August 2006, or shall ensure by that date at the latest that management and labour introduce the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them at all times to guarantee the results imposed by this Directive. They shall forthwith inform the Commission thereof.2. 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 the Member States.Article 17Review by the CommissionNot later than 18 August 2009, the Commission shall, in consultation with the Member States and with management and labour at Community level, review the application of applying this Directive, with a view to proposing suitable amendments to the Council where necessary.Article 18Entry into forceThis Directive shall enter into force on the date of its publication in the Official Journal of the European Union.Article 19AddresseesThis Directive is addressed to the Member States.Done at Brussels, 22 July 2003.For the CouncilThe PresidentG. Alemanno(1) OJ C 236, 31.8.1993, p. 36.(2) OJ C 42, 15.2.1993, p. 75.(3) OJ C 223, 31.8.1992, p. 42.(4) See page 1 of this Official Journal.(5) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22).(6) OJ L 10, 16.1.1998, p. 22.ANNEXSTANDARD RULES(referred to in Articles 7 and 8)Part 1: Composition of the body representative of the employeesIn order to achieve the objective described in Article 1, and in the cases referred to in Article 7, a representative body shall be set up in accordance with the following rules:(a) The representative body shall be composed of employees of the SCE and its subsidiaries and establishments elected or appointed from their number by the employees' representatives or, in the absence thereof, by the entire body of employees.(b) The election or appointment of members of the representative body shall be carried out in accordance with national legislation and/or practice.Member States shall lay down rules to ensure that the number of members of, and allocation of seats on, the representative body shall be adapted to take account of changes occurring within the SCE and its subsidiaries and establishments. The methods used to nominate, appoint or elect employee representatives should seek to promote gender balance.(c) Where its size so warrants, the representative body shall elect a select committee from among its members, comprising at most three members.(d) The representative body shall adopt its rules of procedure.(e) The members of the representative body are elected or appointed in proportion to the number of employees employed in each Member State by the SCE and its subsidiaries or establishments, by allocating in respect of a Member State one seat per each portion of employees employed in that Member State which equals 10 %, or a fraction thereof, of the number of employees employed by them in all the Member States taken together.(f) The competent organ of the SCE shall be informed of the composition of the representative body.(g) Not later than four years after its establishment, the representative body shall examine whether to open negotiations for the conclusion of the agreement referred to in Articles 4 and 7 or to continue to apply the standard rules adopted in accordance with this Annex.Article 3(4) to (7) and Articles 4, 5 and 6 shall apply, mutatis mutandis, if a decision has been taken to negotiate an agreement according to Article 4, in which case the term "special negotiating body" shall be replaced by "representative body". Where, by the deadline by which the negotiations come to an end, no agreement has been concluded, the arrangements initially adopted in accordance with the standard rules shall continue to apply.Part 2: Standard rules for information and consultationThe competence and powers of the representative body set up in an SCE shall be governed by the following rules:(a) The competence of the representative body shall be limited to questions which concern the SCE itself and any of its subsidiaries or establishments situated in another Member State or which exceed the powers of the decision-making organs in a single Member State.(b) Without prejudice to meetings held pursuant to paragraph (c), the representative body shall have the right to be informed and consulted and, for that purpose, to meet with the competent organ of the SCE at least once a year, on the basis of regular reports drawn up by the competent organ, on the progress of the business of the SCE and its prospects. The local managements shall be informed accordingly.The competent organ of the SCE shall provide the representative body with the agenda for meetings of the administrative, or, where appropriate, the management and supervisory organ, and with copies of all documents submitted to the general meeting of its members.The meeting shall relate in particular to the structure, economic and financial situation, the probable development of the business and of production and sales, initiatives with regard to corporate social responsibility, the situation and probable trend of employment, investments, and substantial changes concerning organisation, the introduction of new working methods or production processes, transfers of production, mergers, cut-backs or closures of undertakings, establishments or important parts thereof, and collective redundancies.(c) Where there are exceptional circumstances affecting the employees' interests to a considerable extent, particularly in the event of relocations, transfers, the closure of establishments or undertakings or collective redundancies, the representative body shall have the right to be informed. The representative body or, where it so decides, in particular for reasons of urgency, the select committee, shall have the right to meet at its request, the competent organ of the SCE or any more appropriate level of management within the SCE having its own powers of decision, so as to be informed and consulted on measures significantly affecting employees' interests.Where the competent organ decides not to act in accordance with the opinion expressed by the representative body, this body shall have the right to a further meeting with the competent organ of the SCE with a view to seeking agreement.In the case of a meeting organised with the select committee, those members of the representative body who represent employees who are directly concerned by the measures in question shall also have the right to participate.The meetings referred to above shall not affect the prerogatives of the competent organ.(d) Member States may lay down rules on the chairing of information and consultation meetings.Before any meeting with the competent organ of the SCE, the representative body or the select committee, where necessary enlarged in accordance with the third subparagraph of paragraph (c), shall be entitled to meet without the representatives of the competent organ being present.(e) Without prejudice to Article 10, the members of the representative body shall inform the representatives of the employees of the SCE and of its subsidiaries and establishments of the content and outcome of the information and consultation procedures.(f) The representative body or the select committee may be assisted by experts of its choice.(g) In so far as this is necessary for the fulfilment of their tasks, the members of the representative body shall be entitled to time off for training without loss of wages.(h) The costs of the representative body shall be borne by the SCE, which shall provide the body's members with the financial and material resources needed to enable them to perform their duties in an appropriate manner.In particular, the SCE shall, unless otherwise agreed, bear the cost of organising meetings and providing interpretation facilities and the accommodation and travelling expenses of members of the representative body and the select committee.In compliance with these principles, the Member States may lay down budgetary rules regarding the operation of the representative body. They may in particular limit funding to cover one expert only.Part 3: Standard rules for participationEmployee participation in an SCE shall be governed by the following provisions:(a) In the case of an SCE established by transformation, if the rules of a Member State relating to employee participation in the administrative or supervisory body applied before registration, all aspects of employee participation shall continue to apply to the SCE. Paragraph (b) shall apply mutatis mutandis to that end.(b) In other cases where an SCE is established, the employees of the SCE, its subsidiaries and establishments and/or their representative body shall have the right to elect, appoint, recommend or oppose the appointment of a number of members of the administrative or supervisory body of the SCE equal to the highest proportion in force in the participating companies concerned before registration of the SCE.(c) If none of the participating legal entities was governed by participation rules before registration of the SCE, the latter shall not be required to establish provisions for employee participation.(d) The representative body shall decide on the allocation of seats within the administrative or supervisory body among the members representing the employees from the various Member States or on the way in which the SCE's employees may recommend or oppose the appointment of the members of these bodies according to the proportion of the SCE's employees in each Member State. If the employees of one or more Member States are not covered by this proportional criterion, the representative body shall appoint a member from one of those Member States, in particular the Member State of the SCE's registered office where that is appropriate. Each Member State may determine the allocation of the seats it is given within the administrative or supervisory body.(e) Every member of the administrative body or, where appropriate, the supervisory body of the SCE who has been elected, appointed or recommended by the representative body or, depending on the circumstances, by the employees shall be a full member with the same rights and obligations as the members representing the members of the cooperative, including the right to vote.


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31997L0015

Commission Directive 97/15/EC of 25 March 1997 adopting Eurocontrol standards and amending Council Directive 93/65/EEC on the definition and use of compatible technical specifications for the procurement of air- traffic-management equipment and systems (Text with EEA relevance)

Official Journal L 095 , 10/04/1997 P. 0016 - 0018

COMMISSION DIRECTIVE 97/15/EC of 25 March 1997 adopting Eurocontrol standards and amending Council Directive 93/65/EEC on the definition and use of compatible technical specifications for the procurement of air-traffic-management equipment and systems (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 93/65/EEC of 19 July 1993 on the definition and use of compatible technical specifications for the procurement of air-traffic-management equipment and systems (1), and in particular Articles 3 and 5 (2) thereof,Whereas in accordance with Article 3 of Directive 93/65/EEC the Commission shall identify and adopt Eurocontrol standards;Whereas Annex I to Directive 93/65/EEC contains an indicative list of Eurocontrol standards; whereas that list should be as complete as possible;Whereas Annex II to Directive 93/65/EEC defines the awarding entities responsible for the purchasing of air-navigation equipment; whereas this list needs to be kept up to date;Whereas, given that Eurocontrol has adopted two standards, it is appropriate that these standards be made mandatory; whereas it is also appropriate that the indicative list in Annex I be amended as a result of introduction by Eurocontrol of the Eatchip programme;Whereas it is necessary to amend Annex II to take account of changes notified by Member States and further to include the awarding entities of new Member States;Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee established in accordance with Directive 93/65/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1 The mandatory elements of Eurocontrol specifications included in the following Eurocontrol standards documents are adopted in as much as they are necessary for the implementation of an integrated European air-traffic-management system:- the Eurocontrol standard for on-line data interchange (OLDI), first edition, (Eurocontrol document reference 001-92),- the Eurocontrol standard for air traffic services data exchange presentation (ADEXP) (Eurocontrol document reference 002-93).Article 2 Annex I to Directive 93/65/EEC is replaced by the Annex to this Directive.Article 3 Annex II to the Directive is amended as follows:1. The awarding entities of Eurocontrol, Belgium, Denmark, France, Greece, Ireland, Italy, Portugal and United Kingdom, are modified as follows:EUROCONTROLRue de la Fusée, 96B-1130 BruxellesBelgiumRégie des Voies Aériennes (RVA/RLW)Centre Communication Nord (CCN)rue du Progrès 80 Bte 2B-1030 BruxellesDenmarkStatens Luftfartsvæsen(Civil Aviation Administration)Postbox 744DK-Copenhagen SVBillund LufthavnPO Box 10DK-7190 BillundKøbenhavns Lufthavne A/SPO Box 74Flyvervej 11DK-2770 KastrupFranceMinistre chargé de l'aviation civileDirection générale de l'aviation civile48, rue Camille DesmoulinsF-92452 Issy les Moulineaux Cedexand, where competent:Aéroport de Paris291, Boulevard RaspailF-75675 Paris Cedex 14GreeceMinistry of Transport and CommunicationsCivil Aviation AuthorityGeneral Directorate of Air Navigationwho delegates in particular to:Electronics DivisionVasileos Georgiou 1PO Box 73751-16604 EllinikoGR-AthensIrelandThe Irish Aviation AuthorityAviation HouseHawkins StreetIRL-Dublin 2Aer Rianta Cpt.Dublin AirportIRL-County DublinItalyENAVEnte Nazionale di Assistenza al VoloVia Salaria, 715I-00138 RomaPortugalANA-E.P. (Empresa Pública de Aeroportos e Navegação Aérea).Rua D, Edifício 120Aeroporto de LisboaP-1700 LisboaUnited KingdomNational Air Traffic Services LtdCAA House45-59 KingswayUK-London WC2B 6TE2. The following awarding entities are added to the list:AustriaAustro Control GmbHSchnirchgasse 11A-1030 WienFinlandIlmailulaitos/Luftfartsverket(CAA Finland)PO Box 50FIN-01531 VantaaSwedenSwedish Civil Aviation AdministrationLuftfartsverketVikboplan 11S-601 79 NorrköpingArticle 4 1. The Member States shall bring into force the provisions necessary for them to comply with this Directive before 1 December 1997 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt those provisions they shall include references to this Directive or shall accompany them with such references on their official publication. The Member States shall lay down the manner in which such references shall be made.2. The Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 5 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 6 This Directive is addressed to the Member States.Done at Brussels, 25 March 1997.For the CommissionNeil KINNOCKMember of the Commission(1) OJ No L 187, 29. 7. 1993, p. 52.ANNEX 'ANNEX IDOMAINS FOR EUROCONTROL STANDARDS AS REFERRED TO IN ARTICLE 3Indicative listCommunicationsNavigationSurveillanceData-processing systemsAirspace management and air traffic management proceduresAir traffic management working rules and operational requirementsHuman resources`


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31987L0405

Council Directive 87/405/EEC of 25 June 1987 amending Directive 84/534/EEC on the approximation of the laws of the Member States relating to the permissible sound power level of tower cranes

Official Journal L 220 , 08/08/1987 P. 0060 - 0064 Finnish special edition: Chapter 15 Volume 8 P. 0003  Swedish special edition: Chapter 15 Volume 8 P. 0003

COUNCIL DIRECTIVE of 25 June 1987 amending Directive 84/534/EEC on  the approximation of the laws of the Member States relating to the permissible sound power level of  tower cranes (87/405/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 provisions, the purpose of which is to limit noise at operators' positions, and methods of  measuring airborne noise differ from one Member State to another, which means that, when applied to  tower cranes, they constitute a barrier to trade in such cranes; whereas such provisions should  therefore be approximated; Whereas Council Directive 79/113/EEC of 19 December 1978 on the approximation of the laws of the  Member States relating to the determination of the noise emissions of construction plant and  equipment(4), as last amended Directive 85/405/EEC(5), laid down, in particular, the method to be  used for determining airborne noise emitted at the operator's position by a tower crane; Whereas Article 8 of Council Directive 86/188/EEC of 12 May 1986 on the protection of workers from the risks related to exposure to noise at work(6)  lays down that Member States shall take appropriate measures in this field; Whereas, at the Council meeting held on 18 and 19 December 1978, the Ministers for the Environment  stated that the technical provisions for the measurement of airborne noise emitted at the  operator's position should appear in the Annexes to the separate directives for each machine in  question; Whereas all the technical provisions required to determine the noise emission of tower cranes  should be consolidated in one directive ; whereas Directive 84/534/EEC(7) should be amended  accordingly, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 84/534/EEC is hereby amended as follows: 1.Article 1 (1) is replaced by the following text: '1.  This Directive shall apply to the permissible sound power level of airborne noise emitted into  the environment and the permissible sould pressure level of airborn noise emitted at the operator's  position for tower cranes used to perform work on industrial and building sites.' 2.Article 3 (1) shall be replaced by the following: 1.  The approved bodies shall issue an EEC-type examination certificate for -each type of tower crane for which the sound power level of airborne noise emitted into the  environment, measured under the conditions set out in Annex I to Directive 79/113/EEC, as amended  by Annex I to this Directive, does not exceed the permissible sound power levels given in the  following table: >TABLE>-each type of tower crane with an operator's position fixed to the structure of  the tower crane, for which the sound pressure level of airborne noise, in dB(A), measured at the  operator's position under the conditions set out in Annex II to Council Directive 79/113/EEC, as  supplemented by Annex Ia to this Directive, does not exceed the permissible level given in the  following table: >TABLE> 3.Article 3 (7) is replaced by the following: '7.  Each tower crane built in accordance with the type certified by EEC type-examination shall  bear a clear and permanent mark indicating the sound power level in dB(A) referenced to 1pW and, in  the case of a type of tower crane with an operator's position fixed to the structure of the tower  crane, the sound pressure level in dB (A) referenced to 20 ìPa, both as guaranteed by the  manufacturer and determined as laid down in Annexes I and II to Directive 79/113/EEC, as last  amended by Directive 85/405/EEC and supplemented by Annexes I and IIa to this directive, together  with the symbol aa (epsilon). The models for these marks are given in Annex III to this Directive.' 4.Article 7 is replaced by the following: 'Article 7 Before the second stage enters into force, the Council shall act on the proposal for a reduction,  as from 1 July 1995, in noise levels at the operator's position, which the Commission will submit  in due course.' 5.A new Annex Ia is added, the text of which is given in Annex I to this Directive. 6.Annex III is replaced by the text in Annex II to this Directive. Article 2 1.  Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive upon expiry of a period of 24 months following its notification(1). They shall forthwith inform the Commission thereof. 2.  Member States shall communicate to the Commission the texts of the provisions of national law  which they adopt in the field governed by this Directive. Article 3 This Directive is addressed to the Member States. Done at Luxembourg, 25 June 1987. For the CouncilThe PresidentH. DE CROO (1)OJ N° C 267, 23. 10. 1986, p. 4.  (2)OJ N° C 76, 23. 3. 1987, p. 197.  (3)OJ N° C 83, 30. 3. 1987, p. 11.  (4)OJ N° L 33, 8. 2. 1979, p. 15.  (5)OJ N° L 233, 30. 8. 1985, p. 9.  (6)OJ N° L 137, 24. 5. 1986, p. 28.  (7)OJ N° L 300, 19. 11. 1984, p. 130.  (1)This Directive was notified to the Member States on 26 June 1987.   'ANNEX I 'ANNEX Ia METHOD OF MEASURING AIRBORNE NOISE EMITTED BY TOWER CRANES AT THE OPERATOR'S POSITIONS This method is applicable to tower cranes with an operator's position fixed to the structure of the  tower crane. These technical procedures comply with the requirements of Annex II to Directive 79/113/EEC, as  last amended by Directive 85/405/EEC, and the provisions of that Annex apply to tower cranes  subject to the following amendments and conditions: 6.OPERATOR An operator must occupy the operator's position. 6.2.1.Operator standing If the operator's position does not have a seat, the measurements are to be taken with the operator  standing. 6.2.2.Operator seated If the operator's position does have a seat, the measurements are to be taken with the operator  seated. NB: The position of the operator, whether standing or seated, is to be indicated in the test report. 7.1.General The microphone is located as specified in 7.3. 9.GENERAL The conditions for installing and operating the tower crane are as laid down in section 6.2 of Annex I. In the case of tower cranes with the lifting mechanism on the jib stay the measurements  are to be taken in that configuration. 9.2.Operation of a tower crane with adjustable features (e.g. windows which can be opened) N°ne of the adjustable features referred to in 9.2.1, other than those mentioned in 9.2.2, is to be  taken into consideration. 10.2.2.Using the A-weighted sound pressure levels LpA. This section is not to be taken into  consideration.   ANNEX II ANNEX III MODELS FOR MARK STATING THE SOUND POWER AND PRESSURE LEVEL AT OPERATOR'S POSITION AS GUARANTEED BY  THE MANUFACTURER >START OF GRAPHIC>1>END OF GRAPHIC>>START OF GRAPHIC>2>END OF GRAPHIC>


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31985L0006

Council Directive 85/6/EEC of 19 December 1984 amending for the third time Directive 74/329/EEC on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs

Official Journal L 002 , 03/01/1985 P. 0021 - 0021 Finnish special edition: Chapter 13 Volume 14 P. 0147  Spanish special edition: Chapter 13 Volume 18 P. 0155  Swedish special edition: Chapter 13 Volume 14 P. 0147  Portuguese special edition Chapter 13 Volume 18 P. 0155

*****COUNCIL  DIRECTIVE  of 19 December 1984  amending for the third time Directive 74/329/EEC on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs  (85/6/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,  Whereas Article 3 (1) of Directive 74/329/EEC (1), as last amended by Directive 80/597/EEC (2), provides that Member States may authorize the use of substances referred to in Annex II thereof until 31 December 1984;  Whereas the Commission has submitted a proposal aimed at amending the said Directive;  Whereas is has meanwhile proved necessary to extend the said option on an interim basis;  Whereas this measure does not involve any amendments to the laws, regulations and administrative provisions in one or more Member States,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Article 3 (1) of Directive 74/329/EEC, '31 December 1984' is hereby replaced by '30 September 1985'.  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 19 December 1984.  For the Council  The President  P. O'TOOLE  (1) OJ No L 189, 12. 7. 1974, p. 1.  (2) OJ No L 155, 23. 6. 1980, p. 23.


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31989L0629

Council Directive 89/629/EEC of 4 December 1989 on the limitation of noise emission from civil subsonic jet aeroplanes

Official Journal L 363 , 13/12/1989 P. 0027 - 0029 Finnish special edition: Chapter 7 Volume 3 P. 0191  Swedish special edition: Chapter 7 Volume 3 P. 0191

*****COUNCIL  DIRECTIVE  of 4 December 1989  on the limitation of noise emission from civil subsonic jet aeroplanes  (89/629/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,  Having regard to the proposal of the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the application of noise emission standards to civil subsonic jet aeroplanes has significant consequences for the provision of air transport services, in particular where such standards impose restrictions on the type of aeroplanes that may be operated by airlines, encourage investment in the latest and quietest aeroplanes available and facilitate the better use of existing capacity, including that of airports; whereas Directive 80/51/EEC (4), as amended by Directive 83/206/EEC (5), fixes limits on the emission of such noise;  Whereas the priority programme of the Council for the study of air transport questions refers to emission from aeroplanes including noise;  Whereas the programme of action of the European Communities on the environment (6) shows clearly the importance of the problem of noise and, in particular, the need to take action against noise due to air traffic;  Whereas aeroplane noise should be further reduced, taking into account environmental factors, technical feasibility and economic consequences;  Whereas, therefore, it is appropriate to restrict the addition of civil subsonic jet aeroplanes to Member States' registers to those which comply with the standards specified in Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, 2nd edition, 1988; whereas in conjunction with the creation of an area without internal frontiers, it would be reasonable to exclude from this non-addition rule aeroplanes entered in Member States' national registers on 1 November 1990; whereas, due to the freedom of movement such a rule would allow, it is essential that exemptions be limited and that those granted be closely monitored and restricted in time;  Whereas common rules for this purpose should be introduced on a reasonable time-scale to ensure a harmonized approach throughout the Community supplementing existing rules; whereas this is particularly important in view of the recent impetus given to liberalization of European air traffic;  Whereas the work undertaken by the Community in cooperation with other international bodies has indicated that limiting the addition to Member States' registers of aeroplanes which are unable to meet the noise certification standards specified in Chapter 3 of the abovementioned Annex 16, would in itself be of limited environ  mental benefit, and should therefore be considered only as a first stage, to be followed by measures to limit the operation of aeroplanes which do not comply with the standards of Chapter 3 of the said Annex 16,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. The objective of this Directive is to lay down stricter rules for the limitation of noise emission from civil subsonic jet aeroplanes.  2. This Directive shall not apply to aeroplanes with a maximum take-off mass of 34 000 kg or less and a capacity of 19 or less seats.  Article 2  1. Member States shall ensure that as from 1 November 1990 civil subsonic jet aeroplanes registered after that date in their territory, may not be operated in their territory or in the territory of another Member State unless granted a noise certificate to the standards at least equal to those specified in Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, 2nd edition 1988.  2. Paragraph 1 shall not apply to aeroplanes entered on Member States' national registers on 1 November 1990.  3. The territory mentioned in paragraph 1 shall not include the overseas departments referred to in Article 227 (2) of the Treaty.  Article 3  Member States shall take the necessary measures to ensure that the objective set out in Article 1 (1) is not circumvented by, for example, any form of leasing agreement.  Article 4  Member States may grant exemptions from Article 2 for:  (a) aeroplanes of historic interest;  (b) aeroplanes used by an operator of a Member State before 1 November 1989 under hire purchase or leasing contracts still in effect, and which in this context have been registered in a non-Member State;  (c) aeroplanes leased to an operator of a non-Member State which for that reason have been temporarily removed from a Member State's register;  (d) an aeroplane which replaces one which has been accidentally destroyed and which the operator is unable to replace by a comparable aeroplane available on the market with noise certification as laid down in Article 2 (1), provided that the registration of the replacement aeroplane is carried out within the year following the destruction in question;  (e) aeroplanes powered by engines with a by-pass ratio of 2 or more.  Article 5  Member States may grant exemptions from Article 2 for an initial period of up to three years renewable for periods of up to two years, providing that such exemptions expire by 31 December 1995 for:  - aeroplanes which are leased from a non-Member State on a short-term basis, provided that the operator demonstrates that this is the normal practice in his sector of the industry and that the pursuit of his operations would otherwise be adversely affected,  - aeroplanes in respect of which an operator demonstrates that the pursuit of his operations would otherwise be adversely affected to an unreasonable extent.  Article 6  1. A Member State granting exemptions shall inform the competent authorities of the Member States and the Commission of the fact.  2. Member States shall recognize the exemptions granted by other Member States pursuant to Articles 4 and 5.  Article 7  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 30 September 1990.  2. Member States shall communicate to the Commission the text of the provisions which they adopt in the field covered by this Directive.  Article 8  This Directive is addressed to the Member States.  Done at Brussels, 4 December 1989.  For the Council  The President  M. DELEBARRE  (1) OJ No C 37, 14. 2. 1989, p. 6.  (2) OJ No C 158, 26. 6. 1989, p. 492.  (3) OJ No C 221, 28. 8. 1989, p. 1.  (4) OJ No L 18, 24. 1. 1980, p. 26.  (5) OJ No L 117, 4. 5. 1983, p. 15.  (6) OJ No C 328, 7. 12. 1987, p. 1.  Communication from the Government of the Federal Republic of Germany  The Council has received the following communication from the Government of the Federal Republic of Germany:  When depositing its instruments of ratification of the Treaties establishing the European Communities, the Government of the Federal Republic of Germany declared that these Treaties applied equally to Land Berlin. It declared at the same time that the rights and responsibilities of France, the United Kingdom and the United States in respect of Berlin were unaffected. In view of the fact that civil aviation is one of the areas in which the said States have specifically reserved powers for themselves in Berlin, and following consultations with the Governments of these States, the Government of the Federal Republic of Germany states that Council Directive 89/629/EEC on the limitation of noise emission from civil subsonic jet aeroplanes does not cover Land Berlin.