title: Commission Directive 2009/164/EU of 22 December 2009 amending, for the purpose of adaptation to technical progress, Annexes II and III to Council Directive 76/768/EEC concerning cosmetic products (Text with EEA relevance)

text:
               23.12.2009

               EN

               Official Journal of the European Union

               L 344/41

      COMMISSION DIRECTIVE 2009/164/EU
   of 22 December 2009
   amending, for the purpose of adaptation to technical progress, Annexes II and III to Council Directive 76/768/EEC concerning cosmetic products
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), and in particular Article 8(2) thereof,
   After consulting the Scientific Committee on Consumer Safety,
   Whereas:

               (1)

               The substance Verbena oil (Lippia citriodora Kunth.) is currently banned for use in cosmetic products, being listed in Annex II to Directive 76/768/EEC, under reference number 450. The ban of this substance was introduced on the basis of an opinion of May 2000 of the Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers (SCCNFP), subsequently replaced by the ‘Scientific Committee on Consumer Products (SCCP)’ by Commission Decision 2004/210/EC (2), and later by the ‘Scientific Committee on Consumer Safety (SCCS)’ by Commission Decision 2008/721/EC (3). The SCCNFP recommended the prohibition of Verbena (Lippia citriodora Kunth.) essential oils and derivatives, e.g. concrete and absolute, when used as a fragrance ingredient, based on the sensitising potential.

               (2)

               However, the SCCNFP later concluded in an opinion issued in 2001 that Verbena absolute obtained from Lippia citriodora Kunth. should not be used such that the level in the finished cosmetic products exceeds 0,2 %. It is therefore appropriate to include Verbena absolute (Lippia citriodora Kunth.) together with its respective restriction in Annex III, Part 1 to Directive 76/768/EEC. It is also appropriate to amend reference number 450 of Annex II in order to specify that the substances Verbena essential oils (Lippia citriodora Kunth.) and derivatives other than absolute are prohibited when used as a fragrance ingredient.

               (3)

               Directive 2008/42/EC of 3 April 2008 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting Annexes II and III thereto to technical progress (4) included several allyl esters containing allyl alcohol as impurity in Annex III, Part 1 to Directive 76/768/EEC. The substance allyl phenethyl ether may contain allyl alcohol as impurity as well. For this substance, the SCCNFP issued an opinion in 2000 recommending an upper limit of 0,1 % of allyl alcohol as impurity.

               (4)

               In the light of the SCCNFP opinion, as well as for consistency reasons, it is appropriate to include in Annex III, Part 1 to Directive 76/768/EEC the substance allyl phenethyl ether together with its respective restriction.

               (5)

               The group of substances Terpene terpenoids sinpine is currently regulated under reference number 130 in Annex III, Part 1 to Directive 76/768/EEC. However, the word ‘sinpine’ is a trade name and should therefore be deleted from the designation of that group of substances.

               (6)

               Directive 76/768/EEC should therefore be amended accordingly.

               (7)

               In view of a smooth transition from existing formulae of cosmetic products to formulae which comply with the requirements laid down in this Directive, it is necessary to provide for appropriate transitional periods.

               (8)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annexes II and III to Directive 76/768/EEC are amended in accordance with the Annex to this Directive.
   Article 2
   Member States shall take all necessary measures to ensure that, as from 15 February 2011, no cosmetic products which fail to comply with this Directive are placed on the market by Union manufacturers or by importers established within the Union.
   Member States shall take all necessary measures to ensure that, as from 15 August 2011, no cosmetic products which fail to comply with this Directive are sold or disposed of to the final consumer in the Union.
   Article 3
   1.   Member States shall adopt and publish, by 15 August 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from 15 February 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 4
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 22 December 2009.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 262, 27.9.1976, p. 169.

      (2)  OJ L 66, 4.3.2004, p. 45.

      (3)  OJ L 241, 10.9.2008, p. 21.

      (4)  OJ L 93, 4.4.2008, p. 13.

      ANNEX
      Directive 76/768/EEC is amended as follows:

                  1.

                  In Annex II, reference number 450, ‘Verbena oil (Lippia citriodora Kunth.) (CAS No 8024-12-2), when used as a fragrance ingredient’ is replaced by ‘Verbena essential oils (Lippia citriodora Kunth.) and derivatives other than absolute (CAS No 8024-12-2), when used as a fragrance ingredient’.

                  2.

                  Part 1 of Annex III is amended as follows:

                              (a)

                              the following entry is inserted after the entry with reference number 151:

                                          Reference number

                                          Substance

                                          Restrictions

                                          Conditions of use and warnings which must be printed on the label

                                          Field of application and/or use

                                          Maximum authorised concentration in the finished cosmetic product

                                          Other limitations and requirements

                                          a

                                          b

                                          c

                                          d

                                          e

                                          f

                                          ‘151a

                                          Allyl phenethyl ether
                                          CAS No 14289-65-7
                                          EC No 238-212-2

                                          Level of free allyl alcohol in the ether should be less than 0,1 %’

                              (b)

                              the following entry is added:

                                          Reference number

                                          Substance

                                          Restrictions

                                          Conditions of use and warnings which must be printed on the label

                                          Field of application and/or use

                                          Maximum authorised concentration in the finished cosmetic product

                                          Other limitations and requirements

                                          a

                                          b

                                          c

                                          d

                                          e

                                          f

                                          ‘X

                                          Verbena absolute
                                          (Lippia citriodora Kunth.)
                                          CAS No 8024-12-2

                                          0,2 %’

                              (c)

                              in column ‘b’ of the entry relating to reference number 130, the words ‘Terpene terpenoids sinpine’ are replaced by ‘Terpenes and terpenoids’.


title: Council Directive 2009/55/EC of 25 May 2009 on tax exemptions applicable to the permanent introduction from a Member State of the personal property of individuals (Codified version)

text:
               10.6.2009

               EN

               Official Journal of the European Union

               L 145/36

      COUNCIL DIRECTIVE 2009/55/EC
   of 25 May 2009
   on tax exemptions applicable to the permanent introduction from a Member State of the personal property of individuals
   (Codified version)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 93 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   Whereas:

               (1)

               Council Directive 83/183/EEC of 28 March 1983 on tax exemptions applicable to permanent imports from a Member State of the personal property of individuals (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               In order for the people of the Member States to become more aware of the activities of the Community, measures to benefit private individuals should be maintained in order to ensure internal market conditions in the Community.

               (3)

               In particular, the tax obstacles to the introduction by private individuals of personal property into one Member State from another Member State are such as to hinder the free movement of persons within the Community. Therefore, these obstacles should be eliminated as far as possible by the introduction of tax exemptions.

               (4)

               Those tax exemptions may apply only to the introduction of goods which are not of a commercial or speculative nature. The application of the exemptions should therefore be made subject to limits and conditions.

               (5)

               The adoption of harmonising measures with regard to excise duty and value added tax has made rules on tax exemptions and duty-free allowances superfluous in those areas.

               (6)

               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,

         HAS ADOPTED THIS DIRECTIVE:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Scope
   1.   Every Member State shall, subject to the conditions and in the cases hereinafter set out, exempt personal property introduced permanently from another Member State by private individuals from consumption taxes which normally apply to such property.
   2.   The following shall not be covered by this Directive:

               (a)

               value added tax;

               (b)

               excise duty;

               (c)

               specific and/or periodical duties and taxes connected with the use within the country of property referred to in paragraph 1, such as for instance motor vehicle registration fees, road taxes and television licences.

         Article 2
   Conditions relating to property
   1.   For the purposes of this Directive, ‘personal property’ means property for the personal use of the persons concerned or the needs of their household. Such property must not, by reason of its nature or quantity, reflect any commercial interest, nor be intended for an economic activity within the meaning of Article 9(1) and Articles 10 to 13 of Council Directive 2006/112/EC (5). However, the tools or instruments necessary to the person concerned for the exercise of his trade or profession shall also be treated as personal property.
   2.   The exemption for which Article 1 makes provision shall be granted for personal property:

               (a)

               which has been acquired under the general conditions of taxation in force in the domestic market of one of the Member States and which is not the subject, on the grounds of exit from the Member State of origin, of any exemption or any refund of consumption tax. For the purposes of this Directive, goods acquired under the conditions referred to in Article 151 of Directive 2006/112/EC with the exception of point (e) of the first subparagraph of paragraph 1 thereof shall be deemed to have met those conditions;

               (b)

               of which the person concerned has had the actual use before the change of residence is effected or the secondary residence established. In the case of motor-driven road vehicles (including their trailers), caravans, mobile homes, pleasure boats and private aircraft, Member States may require that the person concerned should have had the use of them for a period of at least six months before the change of residence.

         For the goods referred to in the second sentence of point (a), Member States may require:

               (i)

               in the case of motor-driven road vehicles (including their trailers), caravans, mobile homes, pleasure boats and private aircraft, that the person concerned should have had the use of them for a period of at least 12 months before the change of residence;

               (ii)

               in the case of other goods, that the person concerned should have had the use of them for a period of at least six months before the change of residence.

         3.   The competent authorities shall demand proof that the conditions in paragraph 2 have been satisfied in the case of motor-driven road vehicles (including their trailers), caravans, mobile homes, pleasure boats and private aircraft. In the case of other property, they shall demand such proof only where there are grave suspicions of fraud.
   Article 3
   Introduction conditions
   The introduction of the property may be carried out all at once or in stages within the periods laid down in Articles 7 to 10 respectively.
   Article 4
   Obligations subsequent to introduction
   The motor-driven road vehicles (including their trailers), caravans, mobile homes, pleasure boats and private aircraft introduced shall not be disposed of, hired out or lent during the period of 12 months following their tax exempt introduction, except in circumstances duly justified to the satisfaction of the competent authorities of the Member State of destination.
   Article 5
   Specific conditions for certain types of property
   The exemption on the introduction of riding horses, motor-driven road vehicles (including their trailers), caravans, mobile homes, pleasure boats and private aircraft shall be granted only if the private individual transfers his normal residence to the Member State of destination.
   Article 6
   General rules for determining residence
   1.   For the purposes of this Directive, ‘normal residence’ means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living.
   However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.
   2.   Individuals shall give proof of their place of normal residence by any appropriate means, such as their identity card or any other valid document.
   3.   Where the competent authorities of the Member State of destination have doubts as to the validity of a statement as to normal residence made in accordance with paragraph 2, or for the purpose of certain specific controls, they may ask for any information they require or for additional proof.
   CHAPTER II

      INTRODUCTION OF PERSONAL PROPERTY IN CONNECTION WITH A TRANSFER OF NORMAL RESIDENCE

   Article 7
   1.   The exemption for which Article 1 makes provision shall be granted, subject to the conditions laid down in Articles 2 to 5, in respect of personal property introduced by a private individual when transferring his normal residence.
   The grant of the exemption shall, without prejudice to any Community transit procedure which may apply, be subject to the drawing-up of an inventory of the property on plain paper accompanied, if the State so requires, by a declaration, the model for and content of which shall be defined in accordance with the procedure referred to in Article 248a(2) of Council Regulation (EEC) No 2913/92 (6). No reference to value may be demanded on the inventory of the property.
   2.   The last of the property must be introduced not later than 12 months after the transfer of normal residence. Where, in accordance with Article 3, the property is introduced in stages within that period, only on the occasion of the first introduction may Member States require the submission of a full inventory to which reference may also be made in the event of subsequent removals by other customs offices. Such inventory may be supplemented subject to the agreement of the competent authorities of the Member State of destination.
   CHAPTER III

      INTRODUCTION OF PERSONAL PROPERTY IN CONNECTION WITH THE FURNISHING OR RELINQUISHMENT OF A SECONDARY RESIDENCE

   Article 8
   1.   The exemption for which Article 1 makes provision shall be granted, subject to the conditions laid down in Articles 2 to 5, for personal property introduced by a private individual to furnish a secondary residence.
   This exemption shall be granted only where:

               (a)

               the person concerned is the owner of the secondary residence or is renting it for a period of at least 12 months;

               (b)

               the property introduced corresponds to the normal furniture of the secondary residence.

         2.   The exemption shall also be granted, subject to the conditions mentioned in paragraph 1, where, following the relinquishment of a secondary residence, property is introduced to the normal residence or to another secondary residence, provided that the property in question has actually been in the possession of the person concerned, and that he has had the use of it, before establishment of a second residence.
   The last of the property must be introduced not later than 12 months after the secondary residence has been relinquished.
   CHAPTER IV

      INTRODUCTION OF PROPERTY ON MARRIAGE

   Article 9
   1.   Without prejudice to Articles 2 to 5, any person shall on marrying be entitled to exemption from the taxes referred to in Article 1(1) when introducing into the Member State to which he intends to transfer his normal residence personal property which he has acquired or of which he has had the use, provided that:

               (a)

               such introduction takes place within a period beginning two months before the marriage date envisaged and ending four months after the actual marriage date;

               (b)

               the person concerned provides evidence that his marriage has taken place or that the necessary preliminary formalities for the marriage have been undertaken.

         2.   Exemption shall also be granted in respect of presents customarily given on the occasion of a marriage which are received by a person fulfilling the conditions laid down in paragraph 1 from persons having their normal place of residence in a Member State other than the Member State of destination. The exemption shall apply to presents of a unit value of not more than EUR 350. Member States may, however, grant an exemption of more than EUR 350, provided that the value of each exempt present does not exceed EUR 1 400.
   3.   Member States may make the granting of the exemption dependent on the provision of an adequate guarantee, where property is introduced before the date of the marriage.
   4.   Where the individual fails to provide proof of his marriage within four months of the date given for such marriage, the taxes shall be due on the date of introduction.
   CHAPTER V

      INTRODUCTION OF THE PERSONAL PROPERTY OF A DECEASED PERSON, ACQUIRED BY INHERITANCE

   Article 10
   By way of derogation from Articles 2(2) and (3), 4 and 5(2), but without prejudice to the other provisions contained in Articles 2, 3 and 5, any private individual who acquires by inheritance (causa mortis) the ownership or the beneficial ownership of personal property of a deceased person which is situated within a Member State shall be entitled to exemption from the taxes referred to in Article 1(1) when introducing such property into another Member State in which he has a residence, provided that:

               (a)

               such individual provides the competent authorities of the Member State of destination with a declaration issued by a notary or other competent authority in the Member State of origin that the property he is introducing has been acquired by inheritance;

               (b)

               the property is introduced not more than two years after the date on which such individual enters into possession of the property.

         CHAPTER VI

      FINAL PROVISIONS

   Article 11
   1.   Member States shall endeavour to reduce as far as possible the introduction formalities for private individuals within the limits and subject to the conditions laid down in this Directive and shall endeavour to avoid introduction formalities entailing controls which result in substantial unloading and reloading at the entry into the Member State of destination.
   2.   Member States may retain and/or introduce more liberal conditions for granting tax exemptions than those laid down in this Directive, with the exception of those laid down in Article 2(2)(a).
   3.   Without prejudice to Article 2(2), Member States may not, by virtue of this Directive, apply within the Community tax exemptions less favourable than those which they accord to imports by private individuals of personal property from third countries.
   Article 12
   1.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive, and in particular any resulting from the application of the provisions of Article 11(2) and (3). The Commission shall inform the other Member States thereof.
   2.   Every two years the Commission shall, after consulting the Member States, send the European Parliament and the Council a report on the implementation of this Directive in the Member States.
   Article 13
   Directive 83/183/EEC, as amended by the Directives listed in Annex I, Part A, is 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.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.
   Article 14
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 15
   This Directive is addressed to the Member States.

      Done at Brussels, 25 May 2009.

            For the Council

            The President

         J. ŠEBESTA

      (1)  Opinion of 16 December 2008 (not yet published in the Official Journal).

      (2)  Opinion of 17 September 2008, OJ C 77, 31.3.2009, p. 148.

      (3)  OJ L 105, 23.4.1983, p. 64.

      (4)  See Annex I, Part A.

      (5)  OJ L 347, 11.12.2006, p. 1.

      (6)  OJ L 302, 19.10.1992, p. 1.

      ANNEX I

         PART A

         Repealed Directive with list of its successive amendments

      (referred to in Article 13)

                  Council Directive 83/183/EEC
                  (OJ L 105, 23.4.1983, p. 64).

                  Council Directive 89/604/EEC
                  (OJ L 348, 29.11.1989, p. 28).

                  Council Directive 91/680/EEC
                  (OJ L 376, 31.12.1991, p. 1).

                  Only as regards Article 2(2), third indent

                  Council Directive 92/12/EEC
                  (OJ L 76, 23.3.1992, p. 1).

                  Only as regards Article 23(3), second indent

         PART B

         List of time limits for transposition into national law

      (referred to in Article 13)

                  Directive

                  Time limit for transposition

                  83/183/EEC

                  1 January 1984

                  89/604/EEC

                  1 July 1990

                  91/680/EEC

                  1 January 1993 (1)

                  92/12/EEC

                  1 January 1993 (2)

         (1)  Member States shall bring into force such laws, regulations and administrative provisions as are necessary for their arrangements thus adapted to Article 1, points 1 to 20 and points 22, 23 and 24 and Article 2 of Directive 91/680/EEC to enter into force on 1 January 1993.

         (2)  With regard to Article 9(3) the Kingdom of Denmark is authorised to introduce the laws, regulations and administrative provisions required for complying with this provision by 1 January 1993 at the latest.

      ANNEX II

         CORRELATION TABLE

                  Directive 83/183/EEC

                  This Directive

                  Article 1(1)

                  Article 1(1)

                  —

                  Article 1(2), point (a)

                  —

                  Article 1(2), point (b)

                  Article 1(2)

                  Article 1(2), point (c)

                  Article 2(1)

                  Article 2(1)

                  Article 2(2), first subparagraph, point (a)

                  Article 2(2), first subparagraph, point (a)

                  Article 2(2), first subparagraph, point (b)

                  Article 2(2), first subparagraph, point (b)

                  Article 2(2), second subparagraph, introductory wording

                  Article 2(2), second subparagraph, introductory wording

                  Article 2(2), second subparagraph, first indent

                  Article 2(2), second subparagraph, point (i)

                  Article 2(2), second subparagraph, second indent

                  Article 2(2), second subparagraph, point (ii)

                  Article 2(2), second subparagraph, final wording

                  —

                  Article 2(3)

                  Article 2(3)

                  Article 3

                  Article 3

                  Article 4

                  Article 4

                  Article 5(1)

                  —

                  Article 5(2)

                  Article 5

                  Article 6

                  Article 6

                  Article 7(1)(a)

                  Article 7(1), first subparagraph

                  Article 7(1)(b)

                  Article 7(1), second subparagraph

                  Article 7(2)

                  Article 7(2)

                  Article 8(1), first subparagraph

                  Article 8(1), first subparagraph

                  Article 8(1), second subparagraph, introductory wording

                  Article 8(1), second subparagraph, introductory wording

                  Article 8(1), second subparagraph, points (i) and (ii)

                  Article 8(1), second subparagraph, points (a) and (b)

                  Article 8(2)

                  Article 8(2)

                  Articles 9, 10 and 11

                  Articles 9, 10 and 11

                  Article 12(1)

                  —

                  Article 12(2)

                  Article 12(1)

                  Article 12(3)

                  Article 12(2)

                  —

                  Article 13

                  —

                  Article 14

                  Article 13

                  Article 15

                  —

                  Annex I

                  —

                  Annex II


Avis juridique important

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31977L0158

Council Directive 77/158/EEC of 14 February 1977 amending the first Directive on the establishment of common rules for certain types of carriage of goods by road between the Member States

Official Journal L 048 , 19/02/1977 P. 0030 - 0030 Finnish special edition: Chapter 7 Volume 1 P. 0221  Greek special edition: Chapter 07 Volume 2 P. 0021  Swedish special edition: Chapter 7 Volume 1 P. 0221  Spanish special edition: Chapter 07 Volume 2 P. 0061  Portuguese special edition Chapter 07 Volume 2 P. 0061

COUNCIL DIRECTIVE  of 14 February 1977  amending the first Directive on the establishment of common rules for certain types of carriage of goods by road between the Member States  (77/158/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Économic Community, and in particular Article 75 (1) thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the scope of the first Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road between Member States (3), as last amended by Directive 74/149/EEC (4), should be extended to cover the carriage of all live animals where special vehicles are used,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Item 7 of Annex II to the first Directive of 23 July 1962 shall be replaced by the following:  "Carriage of live animals where special vehicles (*) are used. "  The footnote relating to Item 7 shall read as follows:  "(*) Special vehicles for the carriage of live animals shall be understood to mean vehicles which have been constructed or had permanent alterations made specially for the carriage of live animals and are recognized as such by the relevant authorities in the Member States."   Article 2 Member States shall take the measures necessary to comply with this Directive as soon as possible and in any case not later than 1 July 1977. They shall inform the Commission thereof before 1 May 1977.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 14 February 1977.  For the Council  The President  J. SILKIN  (1)OJ No C 293,13.12.1976, p. 50. (2)OJ No C 281,27.11.1976, p. 2. (3)OJ No 70,6.8.1962, p. 2005/62. (4)OJ No L 84,28.3.1974, p. 8.


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31991L0632

Commission Directive 91/632/EEC of 28 October 1991 adapting to technical progress for the fifteenth time Council Directive 67/548/EEC on the approximation of the laws, Regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

Official Journal L 338 , 10/12/1991 P. 0023 - 0024

COMMISSION DIRECTIVE  of 28 October 1991  adapting to technical progress for the fifteenth time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and  labelling of dangerous substances  (91/632/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1), as last amended by Directive  79/831/EEC (2), and in particular Articles 19, 20 and 21 thereof,  Whereas the Federal Republic of Germany and the Kingdom of Denmark have requested a change in the labelling of a number of substances and notified the Commission accordingly under Article 23 of Directive 67/548/EEC;  Whereas examination of the list of dangerous substances in Annex I to Directive 67/548/EEC has shown that this list needs to be adapted in the light of present scientific and technical knowledge;  Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers to Trade in Dangerous Substances and Preparations,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Annex I of Directive 67/548/EEC is hereby amended as follows:  1. The entries in Annex I of this Directive replace the corresponding entries in Annex I,  4. The entries in Annex II of this Directive are included for the first time in Annex I.  3. The entries with the EC No shown in Annex III of this Directive are deleted from Annex I.  Article 2  1. Not later than 1 July 1993 the Member States shall implement the laws, regulations and administrative provisions necessary to comply with this Directive. Member States shall immediately inform the Commission thereof.  2. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  Article 3  This Directive is addressed to the Member States. Done at Brussels, 28 October 1991. For the Commission  Carlo RIPA DI MEANA  Member of the Commission   (1) OJ No 196, 16. 8. 1967, p. 1. (2) OJ No L 259, 15. 10. 1979, p. 10.    ANNEX I, ANNEX II and ANNEX III  These Annexes will be published in Official Journal of the European Communities No L 338 A.  (See the notice published on the inside back cover of this Official Journal.)


Avis juridique important

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31978L0842

Council Directive 78/842/EEC of 10 October 1978 amending for the sixth time Directive 73/241/EEC on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption

Official Journal L 291 , 17/10/1978 P. 0015 - 0016 Finnish special edition: Chapter 13 Volume 9 P. 0083  Greek special edition: Chapter 03 Volume 22 P. 0237  Swedish special edition: Chapter 13 Volume 9 P. 0083  Spanish special edition: Chapter 13 Volume 9 P. 0072  Portuguese special edition Chapter 13 Volume 9 P. 0072

COUNCIL DIRECTIVE  of 10 October 1978  amending for the sixth time Directive 73/241/EEC on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption  (78/842/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 paragraph 2 (a) of Annex II to Council Directive 73/241/EEC of 24 July 1973 on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption (4) as last amended by Directive 78/609/EEC (5), authorizes the new Member States to maintain until 31 December 1977, in the case of products marketed on their territories, national laws existing on the date of their accession to the Communities which permit the use of phosphoric acid, certain flavouring substances and certain emulsifiers;  Whereas the aforementioned Annex provides in paragraph 2 (b) for the possibility of including these substances in Annex I before 1 January 1978 ; whereas, however, a new examination of the situation did not allow such a decision to be taken;  Whereas, in fact, technological developments that have occurred since the adoption of Directive 73/241/EEC would seem to indicate that there is no longer any real technological need for the use of phosphoric acid as a neutralizing agent in cocoa products ; whereas, however, provision should be made for the possibility of re-examining, where appropriate, this situation before 1 July 1981;  Whereas, pending the adoption of Community provisions on the use of flavouring substances in foodstuffs, it should be possible for Member States to be able to continue to use substances other than those listed in paragraph 5 (a) of Annex I to Directive 73/241/EEC ; whereas however a decision must be made before 1 January 1983 on the date on which this derogation shall end;  Whereas, finally, Council Directive 74/329/EEC of 18 June 1974 on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs (6) as last amended by Directive 78/612/EEC (7) allows Member States, for five years after notification, to authorize the use of the emulsifiers listed in Annex II to Directive 73/241/EEC ; whereas, therefore, the same period should be adopted for the purposes of the latter Directive,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 73/241/EEC shall be amended as follows:  (a) The title of Annex II shall be as follows:  "Special measures";  (b) With effect from 1 January 1978, paragraph 2 of Annex II shall be replaced by the following:  "2.  (a) This Directive shall not affect those provisions of national laws which are in force on 1 August 1973 and which authorize the use of:    (i) phosphoric acid as a neutralizing agent in cocoa products alkalized in accordance with Annex I, paragraph 2;       (ii) flavouring substances other than those referred to in paragraph 5 (a) of Annex I, in the cocoa and chocolate products referred to in that paragraph;       (iii) polyglycerol polyricinoleate, sorbitan monostearate, sorbitan tristearate, polyoxyethylene (20) sorbitan monostearate and ammonium salts of phosphatidic acids in the chocolate and cocoa products referred to in the first subparagraph of paragraph 6 of Annex I.  (1)OJ No C 8, 10.1.1978, p. 2. (2)OJ No C 108, 8.5.1978, p. 16. (3)OJ No C 84, 8.4.1978, p. 7. (4)OJ No L 228, 16.8.1973, p. 23. (5)OJ No L 197, 22.7.1978, p. 10. (6)OJ No L 189, 12.7.1974, p. 1. (7)OJ No L 197, 22.7.1978, p. 22.          (b) The derogation provided for:    (i) in (a) (i) shall end on 30 June 1981 ; however, before that date, the Council may, in accordance with the procedure laid down in Article 100 of the Treaty, include in Annex I the substance specified in point (a) (i) ; a decision to include this substance in Annex I may be adopted only if scientific research has established that it is not harmful to human health and if its use is necessary on economic grounds;       (ii) in point (a) (ii) shall end on a date to be fixed by the Council before 1 January 1983, in accordance with the procedure laid down in Article 100 of the Treaty and at any rate at the time of the entry into force of Community rules listing the flavouring substances which may be used in foodstuffs;       (iii) in point (a) (iii) shall end on 20 June 1979 ; before that date, however, the Council may, in accordance with the procedure laid down in Article 100 of the Treaty, include the substances specified in point (a) (iii) in the first subparagraph of paragraph 6 of Annex I."                      Article 2 This Directive is addressed to the Member States.     Done at Luxembourg, 10 October 1978.  For the Council  The President  R. OFFERGELD


title: Directive 2008/21/EC of the European Parliament and of the Council of 11 March 2008 amending Council Directive 91/675/EEC setting up a European insurance and occupational pensions committee, as regards the implementing powers conferred on the Commission

text:
               19.3.2008

               EN

               Official Journal of the European Union

               L 76/48

      DIRECTIVE 2008/21/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 11 March 2008
   amending Council Directive 91/675/EEC setting up a European insurance and occupational pensions committee, as regards the implementing powers conferred on the Commission
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 47(2) thereof,
   Having regard to the proposal of the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 91/675/EEC (3) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

               (2)

               Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia by deleting some of those elements or by supplementing the instrument with new non-essential elements.

               (3)

               In accordance with the statement by the European Parliament, the Council and the Commission (5) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

               (4)

               The measures necessary for the implementation of directives in the field of direct non-life insurance and direct life insurance, reinsurance and occupational pensions should be adopted in accordance with Decision 1999/468/EC. When those measures are of general scope and are designed to amend non-essential elements of such directives, inter alia by supplementing them with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (5)

               Directive 91/675/EEC should therefore be amended accordingly.

               (6)

               Since the amendments made to Directive 91/675/EEC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments
   Directive 91/675/EEC is hereby amended as follows:

               1.

               Article 2 shall be replaced by the following:
               ‘Article 2
               Where reference is made to this Article, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC (6) shall apply, having regard to the provisions of Article 8 thereof.

               2.

               the following article shall be inserted:
               ‘Article 2a
               Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
               The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.’

         Article 2
   Entry into force
   This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 3
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 11 March 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LENARČIČ

      (1)  OJ C 161, 13.7.2007, p. 45.

      (2)  Opinion of the European Parliament of 14 November 2007 (not yet published in the Official Journal) and Council Decision of 3 March 2008.

      (3)  OJ L 374, 31.12.1991, p. 32. Directive as last amended by Directive 2005/1/EC of the European Parliament and of the Council (OJ L 79, 24.3.2005, p. 9).

      (4)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (5)  OJ C 255, 21.10.2006, p. 1.

      (6)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).’;


Avis juridique important

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31975L0445

Second Council Directive 75/445/EEC of 26 June 1975 amending Directive No 66/404/EEC on the marketing of forest reproductive material

Official Journal L 196 , 26/07/1975 P. 0014 - 0023 Finnish special edition: Chapter 3 Volume 6 P. 0123  Greek special edition: Chapter 03 Volume 13 P. 0065  Swedish special edition: Chapter 3 Volume 6 P. 0123  Spanish special edition: Chapter 03 Volume 8 P. 0206  Portuguese special edition Chapter 03 Volume 8 P. 0206

SECOND COUNCIL DIRECTIVE  of 26 June 1975  amending Directive No 66/404/EEC on the marketing of forest reproductive material  (75/445/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 for reasons given below certain provisions of Council Directive No 66/404/EEC (3) of 14 June 1966 on the marketing of forest reproductive material, as amended by Directive No 69/64/EEC (4), should be amended;  Whereas forest reproductive material marketable in the Community should be divided into two categories : "selective reproductive material" and "tested reproductive material" ; whereas material satisfying the requirements of Directive No 66/404/EEC should constitute the first category ; whereas the second category may include only such material as is shown by comparative tests to be genetically superior;  Whereas poplar cultivation has increased to such an extent that the marketing of poplar reproductive material should be confined to the category "tested reproductive material";  Whereas approval of basic material for the production of tested reproductive material must be given in the Member States in accordance with identical rules which are as strict as possible, and whereas the setting up and management of comparative tests and the assessment of the results thereof are an essential element of these common rules;  Whereas comparative tests take a long time to yield definitive results ; whereas it should be possible for Member States in certain circumstances to approve basic material for the production of tested reproductive material if the provisional results of the tests in progress warrant this;  Whereas comparative tests using methods which differ from those provided for in this Directive are at present being carried out in a number of Member States ; whereas those Member States should be authorized, on a temporary basis and subject to certain conditions, to make use of the results of such tests;  Whereas, in order to facilitate intra-Community trade, a common catalogue of basic material approved for the production of forest reproductive material should be published in the Official Journal of the European Communities;  Whereas each Member State should be able to obtain precise information on forest reproductive material coming from other Member States or from third countries;  Whereas difficulties have been encountered in the various Member States during the import of reproductive material, because each State requires the importer to give different information ; whereas such information should therefore also be harmonized;  Whereas any restrictions which Member States consider imposing on the marketing of forest reproductive material should be subject to a Community procedure which ensures close cooperation between the Commission and the Member States;  Whereas an accelerated procedure should be used in order to facilitate essentially technical amendments to the Annexes;  (1)OJ No C 108, 10.12.1973, p. 26. (2)OJ No C 8, 31.1.1974, p. 19. (3)OJ No 125, 11.7.1966, p. 2326/66. (4)OJ No L 48, 26.2.1969, p. 12.   Whereas certain improvements and clarifications should be made to Directive No 66/404/EEC,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Council Directive No 66/404/EEC is hereby amended in accordance with the following Articles.   Article 2 Article 2 is amended as follows:    1. In paragraph 1 (a) the words "produced by sexual means and" are inserted after the words "reproductive material".       2. The text of paragraph 1 (b) is replaced by the following:  "(b) vegetative reproductive material derived from Populus sp."       3. The text of paragraph 2 is replaced by the following:  "2. Under the procedure laid down in Article 17, vegetative reproductive material of the species listed in paragraph 1 (a), Populus sp. reproductive material produced by sexual means and also reproductive material of species other than those listed in paragraph 1, may be made subject wholly or in part to this Directive."       4. The following paragraph is added after paragraph 2:  "3. In so far as measures have not yet been taken pursuant to paragraph 2 for the Community, Member States may take such measures for their own territory. For the species concerned, Member States may impose less stringent requirements."          Article 3 Article 3 is amended as follows:    1. The text of section A (b) is replaced by the following:  "(b) parts of plants : cuttings, layers, roots and scions intended for the production of plants, but not sets;"       2. The text of section A (c) is replaced by the following:  "(c) young plants : plants raised by means of seeds or parts of plants ; also includes sets and natural regeneration."       3. The text of section B is replaced by the following:  "B. Basic material:      (a) stands and seed orchards, in the case of reproductive material produced by sexual means;           (b) clones and mixtures of clones in specified proportions, in the case of reproductive material produced by vegetative means."                  4. After section B the following sections are inserted:  "B (a) selected reproductive material : material derived from basic material officially approved in accordance with Article 5;  B (b) tested reproductive material : material derived from basic material officially approved in accordance with Article 5b, 5d or 5e."       5. The text of section C is replaced by the following:  "C. Seed orchard:  A plantation of selected clones or progenies which is isolated or laid out to avoid or reduce pollination from outside sources, and managed to produce frequent, abundant and easily harvested crops of seed."       6. After section C the following section is inserted:  "C (a) Improved value for use:  The genetic characters, taken as a whole, showing a distinct improvement for forestry purposes as compared with standards selected in accordance with Annex II, at least for cultivation in the region in which those standards are generally used."       7. The text of section F is replaced by the following:  "F. Region of provenance:  For a given species, subspecies or variety, the area or group of areas subject to practically uniform ecological conditions on which are found stands showing similar phenotypic or genetic characters.  The region of provenance of reproductive material produced in a seed orchard is that of the basic material used for the establishment of the orchard."        8. After section F the following section is inserted:  "F (a) Marketing : display with a view to sale, offering for sale, sale or delivery to another person."          Article 4 Article 4 is amended as follows:    1. The text of paragraph 1 is replaced by the following:  "1. The Member States shall provide that reproductive material:      - of the species listed in Article 2 (1) (a), may not be marketed unless it is of the "selected reproductive material" or "tested reproductive material" category;           - of the species listed in Article 2 (1) (b), may not be marketed unless it is of the "tested reproductive material" category."                  2. The following subparagraph is added to paragraph 2:  "(c) for small quantities of seeds which are clearly shown not to be intended for forestry purposes."       3. Paragraph 3 is deleted.          Article 5 The text of Article 5 is replaced by the following:  "Article 5  The Member States shall provide that only basic material whose qualities are such as to make it suitable for reproductive purposes and from which no undesirable characters for forestry are to be expected, may be approved for the production of selected reproductive material. Approval shall be given in conformity with the requirements set out in Annex I."   Article 6 The following Articles are added after Article 5:  "Article 5a  In the case of basic materials intended for the production of selected reproductive material, the Member States shall delimit regions of provenance defined by means of administrative or geographical boundaries and, where applicable, by altitudinal boundaries.  Article 5b 1. The Member States shall provide that only basic material, of which the derived reproductive material gives improved value for use, may be approved for the production of tested reproductive material. Improved value for use shall be assessed by means of comparative testing. The comparative tests shall satisfy the requirements set out in Annex II.  2. Examination of the various species shall include certain characters at least, which shall be fixed in accordance with the procedure laid down in Article 17.  Article 5c 1. The Member States shall draw up descriptions of the sites in which they carried out comparative tests where such trials have led to the approval of basic material. Descriptions shall give all relevant information for each site, in particular, full details about the ecological conditions prevailing in the region in which it is situated.  2. The form in which these descriptions and the relevant information referred to in paragraph 1 shall be drawn up may be fixed in accordance with the procedure laid down in Article 17.  3. These descriptions and any alterations made to them shall be notified forthwith to the Commission which shall communicate them to the other Member States.  Article 5d  Member States may approve, for a maximum period of 10 years, in all or part of their territory, basic material for the production of tested reproductive material where, from the provisional results of comparative tests, it can be assumed that the basic material will, when tests have been completed, satisfy the requirements for the approval referred to in Article 5 b.  Article 5e  For a transitional period not exceeding 10 years from 1 July 1977, Member States may use, for the purpose of approving basic material for the production of tested reproductive material, the results of comparative tests which do not satisfy the requirements laid down in Annex II where such tests were begun before 1 July 1977 and prove that the reproductive material derived from the basic material possesses improved value for use. Member States may, under the procedure laid down in Article 17, be authorized to use  the results of comparative tests after expiry of the abovementioned transitional period."   Article 7 The text of Article 6 is replaced by the following:  "Article 6 1. Each Member State shall draw up lists of the basic material of the various species approved on its territory. Basic material for the production of selected reproductive material and basic material for the production of tested reproductive material shall be entered separately in these lists.  2. The form in which such lists shall be drawn up may be determined in accordance with the procedure laid down in Article 17.  3. These lists and any alterations made to them shall be sent forthwith to the Commission which shall communicate them to the other Member States."   Article 8 Article 7 is deleted.   Article 9 Article 8 is amended as follows:    1. The text of paragraph 1 (a), (b), (c), (d) and (e) replaced by the following:  " (a) species and, where applicable, subspecies, variety, clone;  (b) category;  (c) region of provenance - for selected reproductive material;  (d) basic material - for tested reproductive material;  (e) indigenous or non-indigenous material;".       2. Paragraph 2 is deleted.          Article 10 The text of Article 9 is replaced by the following:  "Article 9 1. Member States shall provide that reproductive material may be marketed only in consignments which comply with Article 8 and are accompanied by a label or other document from the supplier giving the requirements referred to in Article 8 and the following information:      (a) botanical name of the reproductive material;           (b) name of supplier responsible for the batch;           (c) quantity;           (d) in the case of seeds from seed orchards and of young plants raised from such seeds, the words "reproductive material from seed orchards";           (e) in the case of tested reproductive material whose basic material was approved under Article 5d, the words "provisionally approved".             The colour of the label or document shall be green in the case of selected reproductive material and blue in the case of tested reproductive material.  2. In accordance with the procedure laid down in Article 17, Member States may also require that, in the case of tested reproductive material, supplementary information concerning the basic material be given on the abovementioned label or document."   Article 11 Article 11 (2) is deleted.   Article 12 The text of Article 12 is replaced by the following:  "Article 12  Member States may provide that no reproductive material be introduced into their territory unless it is accompanied by an official certificate of another Member State conforming to the model in Annex III, or by an equivalent certificate of a third country."   Article 13 The text of Article 13 is replaced by the following:   "Article 13 1. Member States shall ensure that after 31 December of the second year following approval, reproductive material derived from basic material approved in accordance with Article 5, 5b or 5e is subject to no marketing restrictions as to its genetic characters.  This period shall not apply in the case of reproductive material derived from basic material approved before 1 July 1975.   2. Upon application by a Member State, such Member State may be authorized, pursuant to the procedure provided for in Article 17, to prohibit, after the date set in the first subparagraph of paragraph 1, the marketing in all or part of its territory of reproductive material derived from specific basic material or - as far as selected material is concerned - a specific region of provenance.  Such authorization shall be granted only where there is reason to believe that use of the said reproductive material would, on account of its genetic character, have an adverse effect on forestry in that Member State.  3. If, in respect of a basic material or for a region of provenance, a Member State does not intend to lodge an application under the procedure laid down in paragraph 2, it shall notify the Commission or make a statement to this effect within the Committee referred to in Article 17.  4. If all the Member States give the notification or make the statement referred to in paragraph 3, the period specified in the first subparagraph of paragraph 1 shall no longer apply and Article 13a shall apply."   Article 14 The following Articles are added after Article 13:  "Article 13a  On the basis of the information supplied by the Member States and as this is received, the Commission shall publish in the Official Journal of the European Communities under the title "Common catalogue of basic material for forest reproductive material" a list of the basic material of which the derived reproductive material is subject to no marketing restrictions under Article 13. The published notice shall mention any Member States which have received authorizations under Article 13 (2).  Article 13b 1. Member States shall ensure that, as regards the measures taken to guarantee its identity, reproductive material is subject to no marketing restrictions other than those laid down in this Directive.  2. The Member States may take all measures necessary to ensure that when reproductive material coming from another Member State or from a third country is marketed, the following information is given to their competent authority:    (a) nature of product;       (b) species and, where applicable, subspecies, variety, clone;       (c) category;       (d) country of production and official inspection authority;       (e) region of provenance - for selected reproductive material ; basic material - for tested reproductive material;       (f) country of dispatch;       (g) importer;       (h) quantity of reproductive material;       (i) year of ripening of seed;       (j) indigenous or non-indigenous material.  This information may be modified, and detailed rules for the supply of such information adopted, by the procedure laid down in Article 17."    Article 15 The following Articles are added after Article 16:  "Article 16a  Any amendments to be made to the Annexes in the light of the development of scientific or technical knowledge shall be adopted according to the procedure laid down in Article 17.  Article 16b  This Directive shall not apply to young plants and parts of plants which are shown to be intended mainly for purposes other than those of forestry."   Article 16 The following Article is added after Article 17:  "Article 17a  This Directive shall be without prejudice to the provisions of national laws justified on grounds of the protection of health and life of humans, animals or plants or the protection of industrial and commercial property."    Article 17 Annex I is amended as follows:    1. The title is replaced by the following:  "Requirements for the approval of basic material intended for the production of selected reproductive material."       2. In part B the words "conservation seed orchards" are in all instances replaced by the words "seed orchards".       3. The text of Part C is replaced by the following:  "C. CLONES  Items 4, 5, 6, 7 and 9 of Part A shall apply."          Article 18 Annex 1 to this Directive is added after Annex I.   Article 19 The text of Annex II is replaced by Annex 2 to this Directive.   Article 20 Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 1 July 1977.  They shall forthwith inform the Commission thereof.   Article 21 This Directive is addressed to the Member States.     Done at Luxembourg, 26 June 1975.  For the Council  The President  P. BARRY     ANNEX 1 "ANNEX II REQUIREMENTS FOR THE COMPARATIVE TESTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF TESTED REPRODUCTIVE MATERIAL    1. GENERAL      1.1. Comparative tests for the approval of basic material are to be prepared, set up, conducted and their results interpreted in such a way as to give an objective comparison, both as between the reproductive materials and with one or preferably several pre-chosen standards.           1.2. Every care shall be taken to ensure that the reproductive material, including the standards, is representative of the basic material being studied.           1.3. If during tests it is proved that the reproductive material does not possess at least the characters:        - which identify its basic material, then such reproductive material must be immediately eliminated;               - of resistance of the basic material to harmful organisms of economic importance, then such reproductive material may be eliminated.                                 2. SETTING UP THE TESTS      2.1. Reproductive material is to be raised in nurseries and planted in the trials in a replicated random layout enabling the possible causes of genetic and environmental variation and interactions and experimental errors to be checked.           2.2. Each experimental unit shall contain a sufficient number of trees in order that the individual characteristics of each material to be examined can be evaluated.           2.3. The basic materials represented and the replicates must be sufficient in number to give a satisfactory degree of statistical accuracy.                  3. MANAGEMENT OF TESTS      3.1. Reproductive materials and standards must be treated in an identical way throughout the test. This includes treatment in the nursery, whether seeds, rooting cuttings or vegetative production of root stocks, and the establishment and management of the forest tests themselves, as regards fertilizing, spacing, pruning and all other methods and techniques of culture and husbandry.           3.2. As regards thinning, the methods used should take into account the development of each reproductive material.                  4. PROCUREMENT OF REPRODUCTIVE MATERIAL FOR TESTING INCLUDING STANDARDS       4.1. The basic material shall be:        (i) well defined as regards provenance, constitution, composition and reasonable isolation from foreign pollination;               (ii) of such age and development that reasonable stability of the main features of the offspring can be expected.                          4.2. Sexual reproductive material shall be:        (i) harvested in years of good flowering and good fruit setting unless artificial pollination is used;               (ii) harvested by methods that ensure that the samples obtained are representative.                          4.3. Vegetative reproductive material is to originate from a single individual by vegetative means.                  5. SUPPLEMENTARY REQUIREMENTS FOR STANDARDS      5.1. Standards should, if possible, have been used over a sufficiently long period in the region in which the test is to be carried out. They shall normally be represented by materials which, at the time of commencement of testing, have proved their suitability for forestry in the ecological conditions for which it is proposed to approve the material. They should come as far as possible from approved basic material.           5.2. In the case of sexual reproductive material, clones or progenies from controlled pollination may also be used as standards.           5.3. Whenever possible, several standards are to be used. When it is shown to be necessary, the standard may be replaced by the most suitable of the materials being tested.           5.4. The same standards shall be used in all tests over as wide a range as possible.                  6. CHARACTERS TO BE EXAMINED      6.1. The characters to be examined shall be:        - identifying characters, in the case of basic material;               - behavioural characters;               - production characters.                          6.2. The identifying characters of the basic material shall be entered, in sufficient detail, on a descriptive sheet. 6.3. As regards behavioural and production characters, weight shall usually be given to growth, adaptability and resistance to abiotic factors and to harmful organisms of economic importance. In addition, other characters, considered important in view of the objective sought, shall be considered and evaluated in relation to the ecological conditions of the region in which the test is carried out.                  7. ANALYSIS OF RESULTS AND EVALUATION      7.1. The results of the tests as to behavioural and production characteristics for each character evaluated as provided in 6.3 shall be set out separately in the form of numerical data. These characters shall be evaluated individually.            7.2. Each reproductive material is classified for each behavioural and production character for each environment tested. The means and variance of the tests are to be presented.  The significance level of differences shall be shown. The difference in both absolute and relative terms shall be expressed as far as possible as genetic gain relative to the standard.  The age of reproductive material at which the character is evaluated should be indicated.           7.3. A significant superiority, both economically and statistically (95 % level), as compared with the standards must be demonstrated for at least one important character, see paragraph 6.3. Where superiority is found for only one important character the values of at least two other important characters as assessed under paragraph 6.3 must at least achieve the average values of the standards for these two characters.  It shall be clearly reported if there are any characters as assessed under paragraph 6.3 which are significantly (95 % level) inferior to those of the standards. However, if their effects are likely to be compensated for by favourable characters, this must be stated.           7.4. When the aim of the test is to approve basic material with reference to a character which is essential for survival under extreme ecological conditions, equality to the average value of the standards for the other characters is no longer required.           7.5. The methodology used for the test and the detailed results obtained shall be made available to those able to show a legitimate interest.                  8. EARLY TESTS  Nursery, greenhouse and laboratory tests are acceptable as valid early tests if it can be shown that there is a close correlation between the results shown in the early tests and subsequent stages of development of such material."    ANNEX 2   >PIC FILE= "T9000830">


Avis juridique important

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31978L0338

Council Directive 78/338/EEC of 4 April 1978 on aid to shipbuilding

Official Journal L 098 , 11/04/1978 P. 0019 - 0025 Greek special edition: Chapter 08 Volume 1 P. 0190

****( 1 ) OJ NO C 36 , 13 . 2 . 1978 , P . 34 .  ( 2 ) OPINION DELIVERED ON 1 FEBRUARY 1978 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).  ( 3 ) OJ NO L 192 , 24 . 7 . 1975 , P . 27 .    COUNCIL DIRECTIVE   OF 4 APRIL 1978   ON AID TO SHIPBUILDING  ( 78/338/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 92 ( 3 ) ( D ) AND 113 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 1 ),   HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),   WHEREAS THE POSITION OF SHIPBUILDING HAS CONSIDERABLY WORSENED DURING THE LAST FEW YEARS ; WHEREAS COMMUNITY SHIPYARDS FACE A GENERAL FALL IN DEMAND AND ACUTE PRICE COMPETITION ON A CONTRACTED WORLD MARKET ; WHEREAS THE RESULT OF THIS HAS BEEN A SERIOUS REDUCTION IN ORDERS , AGGRAVATING THE STRUCTURAL PROBLEMS OF THE INDUSTRY AND INDEED THREATENING ITS EXISTENCE ;   WHEREAS A SOUND AND COMPETITIVE SHIPBUILDING INDUSTRY IS OF VITAL INTEREST TO THE COMMUNITY AND CONTRIBUTES TO ITS ECONOMIC AND SOCIAL DEVELOPMENT , BY PROVIDING A SUBSTANTIAL MARKET FOR A RANGE OF INDUSTRIES , INCLUDING THOSE USING ADVANCED TECHNOLOGY , AND AS AN EMPLOYER IN A NUMBER OF COMMUNITY REGIONS ; WHEREAS THIS IS ALSO TRUE OF SHIP-CONVERSION AND SHIP-REPAIR ;   WHEREAS IF THE SITUATION IN THE INDUSTRY WERE NORMAL , THE CONTINUATION OF AID TO ITS OPERATION WOULD NOT BE JUSTIFIED SINCE IT WOULD SERVE ONLY AS A PROTECTIVE MEASURE AND WOULD NOT BRING ABOUT ANY SOLID AND LASTING IMPROVEMENT IN THE COMMUNITY SHIPBUILDING INDUSTRY ' S COMPETITIVENESS ON THE WORLD MARKET ; WHEREAS , HOWEVER , TAKING INTO ACCOUNT THE GRAVITY OF THE CRISIS IN ITS REPERCUSSIONS ON THE WORK-LOAD OF SHIPYARDS AND DEVELOPMENTS IN THE MARKET SITUATION , SUCH AID MAY BE PERMITTED IN THE PRESENT CRISIS PROVIDED THAT IT IS INTRODUCED ON A TEMPORARY BASIS , TO ALLOW THE INDUSTRY TO COPE WITH THE NEW MARKET CONDITIONS , AND THAT IT IS PROGRESSIVELY REDUCED AT A RATE WHICH TAKES INTO ACCOUNT , IN PARTICULAR , THE ACUTENESS OF THE CRISIS IN THE MEMBER STATE CONCERNED , IN ORDER TO ENCOURAGE THE INDUSTRY TO ADAPT TO THESE CONDITIONS ; WHEREAS SUCH AID SHOULD BE SUBJECT TO CONTROL TO ENSURE THAT DISTORTIONS OF COMPETITION WITHIN THE COMMUNITY CONTRARY TO THE COMMON INTEREST ARE AVOIDED AND THAT THE MEASURES CONCERNED ARE LINKED TO THE RESTRUCTURING OF THE INDUSTRY ;   WHEREAS IN ORDER TO RESOLVE THE PRESENT DIFFICULTIES FACING THE INDUSTRY , THE MEMBER COUNTRIES OF THE OECD HAVE APPROVED GENERAL GUIDELINES PROVIDING THAT , ' IN ORDER TO REMEDY THE SERIOUS STRUCTURAL DISEQUILIBRIUM EXISTING IN THIS INDUSTRY , EFFORTS ARE NEEDED IN ALL SHIPBUILDING COUNTRIES IN ORDER THAT THE INEVITABLE REDUCTION IN WORLD SHIPBUILDING CAPACITY MAY BE ACHIEVED IN THE LEAST DAMAGING AND MOST EQUITABLE WAY POSSIBLE ' ; WHEREAS THE COMMUNITY , IN APPLYING THESE GUIDELINES , INTENDS TO PURSUE ITS EFFORTS TO ENSURE THAT THE BURDEN OF THE CRISIS IS SHARED MORE EVENLY BOTH INTERNALLY , BY DEFINING A SECTORAL APPROACH ON THE INTRA-COMMUNITY LEVEL , AND INTERNATIONALLY , PARTICULARLY IN THE CONTEXT OF THE OECD ;   WHEREAS COUNCIL DIRECTIVE 75/432/EEC OF 10 JULY 1975 ON AID TO SHIPBUILDING ( 3 ) WAS DESIGNED TO CORRECT DISTORTIONS IN COMPETITION ON THE WORLD MARKET AND HAS HELPED TO REDUCE DIRECT AID TO SHIPBUILDING DURING AN INITIAL PERIOD AND TO HARMONIZE SUCH AID WITHIN THE COMMUNITY ; WHEREAS THAT DIRECTIVE EXPIRED ON 31 DECEMBER 1977 ;   WHEREAS EVEN IN THIS DIFFICULT SITUATION DISTORTIONS IN COMPETITION ON THE WORLD MARKET HAVE BEEN REDUCED THROUGH A SERIES OF UNDERSTANDINGS CONCLUDED BY THE MAIN SHIPBUILDING COUNTRIES WITHIN THE FRAMEWORK OF THE OECD WITH THE OBJECT OF RESTRICTING EXPORT CREDIT CONDITIONS FOR SHIPS ; WHEREAS WITHIN THE SAME ORGANIZATION THE PRINCIPAL SHIPBUILDING COUNTRIES HAVE CONCLUDED A GENERAL ARRANGEMENT WHICH PROVIDES FOR THE PROGRESSIVE REMOVAL OF OBSTACLES TO NORMAL CONDITIONS OF COMPETITION IN THE SHIPBUILDING INDUSTRY ; WHEREAS THE GROUNDS FOR THIS ARRANGEMENT REMAIN VALID ALTHOUGH CERTAIN COUNTRIES HAVE MADE USE OF THE EXEMPTION CLAUSE ;   WHEREAS PRODUCTION STRUCTURES SHOULD BE ADJUSTED TO THE NEW MARKET CONDITIONS SUCH THAT UNDERTAKINGS IN THE INDUSTRY MAY IN DUE COURSE BE ABLE TO FOLLOW GENERAL ECONOMIC DEVELOPMENTS AND TO MEET COMPETITION ON THE WORLD MARKET WITHOUT THE SUPPORT OF INTERVENTION BY PUBLIC AUTHORITIES , AND THAT THE INVESTMENT EFFORTS OF THE INDUSTRY ARE COMPATIBLE WITH THE WORLD BALANCE BETWEEN SUPPLY AND DEMAND ; WHEREAS , IN ITS APPRAISAL OF THE AID COVERED BY THIS DIRECTIVE , THE COMMISSION SHOULD ALSO TAKE ACCOUNT OF COMMON OBJECTIVES , WHICH MAY BE DEFINED BY THE COUNCIL , FOR REORGANIZING THIS SECTOR ;   WHEREAS , FURTHERMOERE , EFFECTIVE ACTION REQUIRES A SOLUTION COVERING ALL AID AND INTERVENTION DIRECTLY OR INDIRECTLY AFFECTING COMPETITION AND TRADING CONDITIONS ON THE SHIPBUILDING , SHIP-CONVERSION AND SHIP-REPAIR MARKET ; WHEREAS AID AND INTERVENTION MUST NOT HAVE ADVERSE EFFECTS ON THE COMPETITIVENESS OF OTHER YARDS ;   WHEREAS IN THESE CIRCUMSTANCES IT IS NECESSARY TO DEFINE THE AID AND INTERVENTION INTENDED AS A TEMPORARY SOLUTION FOR THE RESCUE OF A SHIPBUILDING , SHIP-CONVERSION OR SHIP-REPAIR UNDERTAKING , IN ORDER TO DEAL WITH ACUTE SOCIAL PROBLEMS ;   WHEREAS MEASURES IN FAVOUR OF NATIONAL SHIPOWNERS SHOULD UNDER NO CIRCUMSTANCES DISCRIMINATE AGAINST SHIPYARDS OF OTHER MEMBER STATES ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   FOR THE PURPOSES OF THIS DIRECTIVE THE FOLLOWING DEFINITIONS SHALL APPLY :  ( A ) ' SHIPBUILDING '  MEANS THE BUILDING , IN THE COMMUNITY , OF THE FOLLOWING METAL-HULLED , SEA-GOING VESSELS :   -  MERCHANT VESSELS FOR THE CARRIAGE OF PASSENGERS AND/OR CARGO , OF NOT LESS THAN 150 GROSS REGISTERED TONS ;   -  FISHING VESSELS OF NOT LESS THAN 150 GROSS REGISTERED TONS ;   -  DREDGERS OR SHIPS FOR OTHER WORK AT SEA , EXCLUDING SELF-PROPELLED DRILLING PLATFORMS , OF NOT LESS THAN 150 GROSS REGISTERED TONS ;   -  TUGS OF NOT LESS THAN 500 HP ;  ( B ) ' SHIP-CONVERSION '  MEANS THE CONVERSION OF METAL-HULLED SEA-GOING VESSELS OF NOT LESS THAN 5 000 GROSS REGISTERED TONS , APART FROM THE EXCEPTION MENTIONED IN ARTICLE 2 , ON CONDITION THAT CONVERSION OPERATIONS ENTAIL RADICAL ALTERATIONS TO THE CARGO PLAN , THE HULL OR THE PROPULSION SYSTEM ;  ( C ) ' SHIP-REPAIR '  MEANS THE REPAIR OF THE VESSELS REFERRED TO UNDER ( A ) ABOVE ;  ( D ) SALE MEANS ALL SALES OF VESSELS REFERRED TO UNDER ( A ) ABOVE ;  ( E ) ' STATE AID '  MEANS THE AID REFERRED TO IN ARTICLES 92 AND 93 OF THE TREATY ; THIS CONCEPT SHALL COVER NOT ONLY AID GRANTED BY THE STATE ITSELF BUT ALSO THAT GRANTED BY REGIONAL OR LOCAL AUTHORITIES .   ARTICLE 2   AID AND INTERVENTION IN THE FORM OF CREDIT FACILITIES MAY BE CONSIDERED COMPATIBLE WITH THE COMMON MARKET IN THE FOLLOWING CASES :   -  FOR ALL SALES OR CONVERSIONS OF VESSELS ;   -  FOR THE CONVERSION OF VESSELS OF NOT LESS THAN 1 000 GROSS REGISTERED TONS WHERE IT IS A CASE OF MATCHING TERMS OFFERED BY A SHIPBUILDER FROM A NON-MEMBER COUNTRY .   WITHOUT PREJUDICE TO THE DEFINITIONS COVERING THE ACTIVITIES MENTIONED IN ARTICLE 1 , SUCH AID AND INTERVENTION MUST COMPLY WITH THE OECD COUNCIL RESOLUTION OF 18 JULY 1974 OR WITH ANY AGREEMENTS WHICH MAY SUPERSEDE THAT RESOLUTION .   ARTICLE 3   NOTWITHSTANDING THE SPECIFIC PROVISIONS OF THIS DIRECTIVE , THE GENERAL PROVISIONS OF ARTICLES 92 AND 93 OF THE TREATY SHALL BE FULLY APPLICABLE TO THE SHIPBUILDING , SHIP-CONVERSION AND SHIP-REPAIR INDUSTRY .   ARTICLE 4   INVESTMENT AID   1 .  MEMBER STATES SHALL NOT GRANT SECTORAL AID FOR THE CREATION OF NEW SHIPYARDS OR FOR INVESTMENT IN EXISTING YARDS IF SUCH AID WOULD BE LIABLE TO INCREASE THE MEMBER STATE ' S BUILDING CAPACITY .   IN APPLYING GENERAL OR REGIONAL INVESTMENT AID SCHEMES TO THE SHIPBUILDING SECTOR , MEMBER STATES SHALL TAKE ALL PRACTICABLE STEPS TO ENSURE THAT AIDED INVESTMENT DOES NOT LEAD EITHER TO INCREASES IN THE CAPACITY OF THE SECTOR IN A MEMBER STATE , OR TO THE CREATION OF EMPLOYMENT WHICH IS NOT OF A STABLE NATURE . TO THIS END , PLANS FOR SUCH APPLICATION OF GENERAL OR REGIONAL AID SCHEMES LEADING TO INCREASES IN SHIPBUILDING CAPACITY IN A MEMBER STATE MUST BE COMMUNICATED TO THE COMMISSION NOT LESS THAN THREE WEEKS BEFORE THEY ARE PUT INTO EFFECT .   2 .  THE MEMBER STATES SHALL INFORM THE COMMISSION OF THEIR DECISIONS TO GRANT AID TO INVESTMENTS IN SHIPBUILDING , SHIP-CONVERSION OR SHIP-REPAIR YARDS WHERE THE AMOUNT OF SUCH INVESTMENT IS IN EXCESS OF FIVE MILLION EUROPEAN UNITS OF ACCOUNT . THIS INFORMATION SHALL BE PROVIDED IN THE FORM OF A TABLE BASED ON THE SPECIMEN IN ANNEX I , ON 1 MARCH IN RESPECT OF DECISIONS TAKEN IN THE SECOND HALF OF THE PREVIOUS CALENDAR YEAR AND ON 1 SEPTEMBER IN RESPECT OF THOSE TAKEN IN THE FIRST HALF OF THE CURRENT CALENDAR YEAR .   ARTICLE 5   AID AND INTERVENTION TO RESCUE AN UNDERTAKING   AID AND INTERVENTION INTENDED AS A TEMPORARY SOLUTION FOR THE RESCUE OF A SHIPBUILDING , SHIP-CONVERSION OR SHIP-REPAIR UNDERTAKING PENDING A DEFINITIVE SOLUTION TO THE PROBLEMS CONFRONTING THE UNDERTAKING CONCERNED , IN ORDER TO DEAL WITH ACUTE SOCIAL PROBLEMS , MAY BE CONSIDERED COMPATIBLE WITH THE COMMON MARKET UNDER THIS DIRECTIVE . PLANS FOR SUCH AID AND INTERVENTION SHALL , PURSUANT TO ARTICLE 93 ( 3 ) OF THE TREATY , BE NOTIFIED TO THE COMMISSION INDIVIDUALLY AND IN ADVANCE . THEY MAY NOT BE PUT INTO EFFECT BEFORE THE COMMISSION HAS GIVEN ITS AGREEMENT . THE COMMISSION SHALL ADOPT A POSITION ON THE PLANS AS SOON AS POSSIBLE , TAKING ACCOUNT OF THE URGENCY OF EACH INDIVIDUAL CASE .   ARTICLE 6   CRISIS AID AND INTERVENTION   1 .  PRODUCTION AID AND INTERVENTION MAY BE CONSIDERED COMPATIBLE WITH THE COMMON MARKET UNDER THIS DIRECTIVE IF THEY ARE GRANTED IN ORDER TO REMEDY THE SERIOUS CRISIS WHICH IS CAUSING A SUBSTANTIAL REDUCTION IN ORDERS ON HAND IN A MEMBER STATE AND CONSEQUENTLY A DECREASE IN PRODUCTION .   SUCH AID AND INTERVENTION SHALL BE PROGRESSIVELY REDUCED ; IT SHALL BE GRANTED ONLY IF LINKED TO THE ATTAINMENT OF INDUSTRIAL RESTRUCTURING OBJECTIVES WITH A VIEW TO MAKING THE INDUSTRY COMPETITIVE AND ABLE TO OPERATE WITHOUT AID OR INTERVENTION .   THE RATE AT WHICH SUCH AID IS REDUCED SHALL IN PARTICULAR TAKE ACCOUNT OF THE ACUTENESS OF THE CRISIS IN THE MEMBER STATE CONCERNED .   WHEN ASSESSING THE COMPATIBILITY OF SUCH MEASURES WITH THE COMMON MARKET AND IN PARTICULAR THE LEVEL OF AID AND INTERVENTION , THE COMMISSION SHALL PAY PARTICULAR ATTENTION TO THE SITUATION ON THE MARKET , THE GRAVITY OF THE CRISIS ON THE BASIS OF THE BALANCE OF THE WORK-LOAD FOR THE SHIPYARDS AND THE NEED FOR APPROPRIATE ADAPTATION OF PRODUCTION CAPACITY TO THE CONDITIONS PREVAILING ON THE MARKET .   THE COMMISSION SHALL ASSESS THE MAXIMUM LEVEL OF AID AND INTERVENTION WHICH MAY BE GRANTED FOR THE APPLICATION OF THE VARIOUS AID SCHEMES . AUTHORIZATION TO EXCEED THIS LEVEL MAY BE GIVEN ONLY AS AN EXCEPTIONAL MEASURE , AFTER THE COMMISSION HAS BEEN NOTIFIED . SUCH EXCEPTIONS MAY NOT BE PUT INTO EFFECT UNLESS THE COMMISSION HAS GIVEN ITS AGREEMENT . THE COMMISSION SHALL ADOPT A POSITION AS SOON AS POSSIBLE , TAKING ACCOUNT OF THE URGENCY OF EACH INDIVIDUAL CASE .   2 .  THE COMMISSION SHALL BE GIVEN PRIOR NOTIFICATION OF ANY PROPOSED INDIVIDUAL AID OR INTERVENTION UNDER THE MEASURES REFERRED TO IN PARAGRAPH 1 WHERE THE PROPOSAL IS IN COMPETITION WITH A TENDER FROM A YARD IN ANOTHER MEMBER STATE . SUCH PROPOSALS MAY NOT BE IMPLEMENTED BEFORE THE COMMISSION HAS GIVEN ITS AGREEMENT . THE COMMISSION SHALL VERIFY THAT SUCH AID DOES NOT AFFECT TRADING CONDITIONS TO AN EXTENT CONTRARY TO THE COMMON INTEREST .   3 .  THE MEMBER STATES SHALL SUPPLY THE COMMISSION WITH A TABLE , FOR THE EXCLUSIVE USE OF THE COMMISSION , BASED ON THE SPECIMEN IN ANNEX II , SETTING OUT THE DECISIONS ON THE AID AND INTERVENTION REFERRED TO IN PARAGRAPH 1 AND AN ESTIMATE OF THEIR EFFECTS . THEY SHALL ALSO PROVIDE A REPORT ON THE ATTAINMENT OF INDUSTRIAL RESTRUCTURING OBJECTIVES .   THIS INFORMATION SHALL BE PROVIDED ON 1 MARCH IN RESPECT OF DECISIONS TAKEN DURING THE SECOND HALF OF THE PREVIOUS CALENDAR YEAR , AND ON 1 SEPTEMBER IN RESPECT OF THOSE TAKEN IN THE FIRST HALF OF THE CURRENT CALENDAR YEAR .   THE COMMISSION SHALL VERIFY , ON THE BASIS OF THE INFORMATION REFERRED TO IN THE FIRST AND SECOND SUBPARAGRAPHS AND OF THE STATE OF THE ORDER BOOKS IN THE MEMBER STATE CONCERNED , WHETHER EFFORTS TO ATTAIN THE INDUSTRIAL RESTRUCTURING OBJECTIVES MENTIONED IN PARAGRAPH 1 AND THE CRISIS MEASURES WHICH HAVE BEEN APPLIED ARE CONTRIBUTING GENUINELY AND IN AN EQUITABLE MANNER TO THE ADAPTATION OF THE INDUSTRY TO THE NEW CONDITIONS ON THE WORLD SHIPBUILDING MARKET .   ON THE BASIS OF THE INFORMATION COMMUNICATED TO IT , THE COMMISSION SHALL REGULARLY DRAW UP AN OVERALL REPORT TO SERVE AS A BASIS FOR DISCUSSION WITH NATIONAL EXPERTS . THIS REPORT SHALL STATE INTER ALIA THE MAXIMUM LEVEL OF AID AND INTERVENTION OBTAINING IN EACH MEMBER STATE DURING THE PERIOD IN QUESTION .   4 .  ANNEX III LISTS THE TYPES OF AID AND INTERVENTION WHICH ARE CONSIDERED COMPATIBLE WITH THE COMMON MARKET UNDER PARAGRAPH 1 AND THOSE CONSIDERED COMPATIBLE UNDER ARTICLE 7 .   THE COMMISSION SHALL MODIFY THE LIST IN ANNEX III ON THE BASIS OF THE DECISIONS IT TAKES REGARDING PROPOSED AID AND INTERVENTION , OR EXISTING SCHEMES .   ARTICLE 7   INTERVENTION IN THE FORM OF COST-ESCALATION INSURANCE MAY BE CONSIDERED COMPATIBLE WITH THE COMMON MARKET UNDER THIS DIRECTIVE , SUBJECT TO THE CONDITIONS LISTED IN ARTICLE 6  ( 1 ), FIRST AND SECOND SUBPARAGRAPHS , AND IN PARAGRAPHS 3 AND 4 .   ARTICLE 8   AID GRANTED TO SHIPOWNERS IN A MEMBER STATE FOR THE PURCHASE OF SHIPS SHALL NOT DISCRIMINATE AGAINST THE SHIPYARDS OF THE OTHER MEMBER STATES .   MEMBER STATES SHALL DRAW UP REPORTS WHEN SUCH AID IS GRANTED TO THEIR OWN SHIPOWNERS ON A SELECTIVE BASIS .   THIS INFORMATION SHALL BE PROVIDED IN THE FORM OF A TABLE FOR THE EXCLUSIVE USE OF THE COMMISSION , BASED ON THE SPECIMEN IN ANNEX IV . THE MEMBER STATES SHALL COMMUNICATE THE INFORMATION REQUIRED UNDER POINTS 1 AND 2 OF THAT ANNEX HALF-YEARLY ON 1 MARCH IN RESPECT OF DECISIONS TO GRANT AID TAKEN IN THE SECOND HALF OF THE PREVIOUS CALENDAR YEAR AND ON 1 SEPTEMBER IN RESPECT OF THOSE TAKEN IN THE FIRST HALF OF THE CURRENT CALENDAR YEAR . THEY SHALL COMMUNICATE THE INFORMATION REQUIRED UNDER POINTS 3 AND 4 OF THAT ANNEX ANNUALLY ON 1 MARCH IN RESPECT OF DECISIONS TO GRANT AID TAKEN DURING THE PRECEDING CALENDAR YEAR . THE COMMISSION SHALL DRAW UP OVERALL REPORTS AT REGULAR INTERVALS SUMMARIZING THE INFORMATION THUS SUPPLIED .   THESE REPORTS SHALL BE DISCUSSED WITH THE MEMBER STATES IN ORDER TO ENSURE THAT THERE IS NO DISCRIMINATION IN THE SHIPBUILDING INDUSTRY AS A RESULT OF SUCH AID . THESE PROVISIONS ARE ENTIRELY WITHOUT PREJUDICE TO ANY FUTURE COMMUNITY RULES ON AID TO SHIPOWNERS .   ARTICLE 9   IN ITS APPRAISAL OF THE NATIONAL AID COVERED BY THIS DIRECTIVE , THE COMMISSION SHALL TAKE ACCOUNT OF THE COMMON INTEREST AS DEFINED IN COMMON OBJECTIVES FOR THE REORGANIZATION OF THE INDUSTRY AT COMMUNITY LEVEL . THESE OBJECTIVES MAY BE DEFINED BY THE COUNCIL ACTING ON A PROPOSAL FROM THE COMMISSION .   ARTICLE 10   THE MEMBER STATES SHALL REFRAIN FROM ANY AID AND INTERVENTION , OTHER THAN THAT PROVIDED FOR IN ARTICLES 2 TO 7 OR THAT CONSIDERED COMPATIBLE WITH THE COMMON MARKET UNDER ARTICLES 92 AND 93 OF THE TREATY , TO PROMOTE WITHIN THEIR NATIONAL TERRITORIES THE BUILDING , CONVERSION OR REPAIR OF SHIPS OR THE MANUFACTURE OF PRODUCTS INTENDED TO FORM PART THEREOF .   ARTICLE 11   THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL AMEND THIS DIRECTIVE AS AND WHEN APPROPRIATE .   SUCH AMENDMENT MAY FOLLOW AN IMPROVEMENT IN DEMAND OR FAVOURABLE DEVELOPMENTS IN INTERNATIONAL CONTACTS .   ARTICLE 12   THIS DIRECTIVE SHALL APPLY UNTIL 31 DECEMBER 1980 .   ARTICLE 13   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT LUXEMBOURG , 4 APRIL 1978 .   FOR THE COUNCIL   THE PRESIDENT   K . B . ANDERSEN ****    ANNEX I   TABLE OF INVESTMENT AID UNDER ARTICLE 4   //   // DESCRIPTION OF INVESTMENT  //  PURPOSE OF INVESTMENT ( 1 ) //  AMOUNT OF INVESTMENT //  FORM OF ASSISTANCE //  NET SUBSIDY EQUIVALENT AS A PERCENTAGE OF THE INVESTMENT //  EFFECT OF INVESTMENT ON PRODUCTION CAPACITY //  //  //  //  //  //  //  //  //  //  //  //  //  ( 1 ) WHERE APPLICABLE , INDICATE WHETHER PART OF A DEVELOPMENT PROGRAMME FOR AN INDUSTRY OR REGION .      ANNEX II    INFORMATION TO BE FURNISHED BY MEMBER STATES CONCERNING THE AID AND INTERVENTION REFERRED TO IN ARTICLES 6 ( 1 ) AND 7   //   // SERIAL NUMBER  //  TYPE OF VESSEL //  GROSS REGISTERED TONS //  FINANCIAL EFFECT , AS A PERCENTAGE OF THE CONTRACT PRICE ( 1 ) //  //  //  //  //  //  //  //  //  //  //  //  //  ( 1 ) SUBSIDY EQUIVALENT IS CALCULATED BY DISCOUNTING AT A RATE OF 8 % . WHERE PAYMENT IS BY INSTALMENTS , THE RELEVANT SUBSIDY EQUIVALENTS ARE SHOWN IN THE TABLE RELATING TO THE PERIOD IN WHICH THE PAYMENTS WERE MADE . FOR COST-ESCALATION INSURANCE SYSTEMS , THE FINANCIAL EFFECT WILL BE ESTIMATED . ****    ANNEX III   LIST OF TYPES OF AID AND INTERVENTION CONSIDERED TO BE COMPATIBLE WITH THE COMMON MARKET PURSUANT TO ARTICLES 6 ( 1 ) AND 7   1 . SYSTEM OF AID FOR SHIPBUILDING NOTIFIED TO THE COMMISSION ON 22 MARCH 1977 WHICH WAS THE SUBJECT OF THE COMMISSION ' S LETTER OF 1 AUGUST 1977 ADVISING THE DUTCH GOVERNMENT THAT THE COMMISSION HAD NO OBJECTIONS TO THE SYSTEM .   2 . SYSTEM OF AID FOR SHIPBUILDING NOTIFIED TO THE COMMISSION ON 18 FEBRUARY 1977 WHICH WAS THE SUBJECT OF THE COMMISSION ' S LETTER OF 1 AUGUST 1977 ADVISING THE UNITED KINGDOM GOVERNMENT THAT THE COMMISSION HAD NO OBJECTIONS TO THE SYSTEM .   3 . SYSTEM OF AID FOR SHIPBUILDING NOTIFIED TO THE COMMISSION ON 15 SEPTEMBER 1977 WHICH WAS THE SUBJECT OF THE COMMISSION ' S LETTER OF 9 DECEMBER 1977 ADVISING THE FRENCH GOVERNMENT THAT THE COMMISSION HAD NO OBJECTIONS TO THE SYSTEM . ****   ANNEX IV    INFORMATION ON AID TO SHIPOWNERS TO BE FURNISHED BY THE MEMBER STATES IN ACCORDANCE WITH ARTICLE 8   1 .  SYSTEM OF AID   2 .  VOLUME OF CONTRACTS RECEIVING AID ( TWICE-YEARLY COMMUNICATION )   //   //  //  TOTAL VOLUME //  FOR CONSTRUCTION IN NATIONAL SHIPYARDS //  FOR CONSTRUCTION IN OTHER EEC SHIPYARDS //  FOR CONSTRUCTION IN NON-MEMBER COUNTRIES //   //  //  GROSS REGISTERED TONS //  NATIONAL CURRENCY //  GROSS REGISTERED TONS //  NATIONAL CURRENCY //  GROSS REGISTERED TONS //  NATIONAL CURRENCY //  GROSS REGISTERED TONS //  NATIONAL CURRENCY //   // VOLUME OF CONTRACTS RECEIVING AID //   // VOLUME OF CONTRACTS REFUSED //   // TOTAL VOLUME  //    //   3 .  AVERAGE EFFECT OF AID PER CONTRACT ( ANNUAL COMMUNICATION )    //  //  TOTAL AVERAGE //  FOR CONSTRUCTION IN NATIONAL SHIPYARDS //  FOR CONSTRUCTION IN OTHER EEC SHIPYARDS //  FOR CONSTRUCTION IN NON-MEMBER COUNTRIES //   //  //  //   //   4 .  NUMBER OF CASES WHERE THE EFFECT DIFFERS BY 10 % OR MORE FROM THAT OF AID GRANTED FOR SHIPS TO BE CONSTRUCTED IN NATIONAL SHIPYARDS   4.1 . NUMBER OF CASES WHERE AID GRANTED FOR A SHIP TO BE CONSTRUCTED IN ANOTHER COMMUNITY COUNTRY IS AT LEAST 10 % LESS THAN THE AVERAGE LEVEL OF AID FOR SHIPS TO BE CONSTRUCTED BY NATIONAL SHIPYARDS   4.2 . NUMBER OF CASES WHERE AID GRANTED FOR SHIPS TO BE CONSTRUCTED IN NATIONAL SHIPYARDS IS AT LEAST 10 % MORE THAN THE AVERAGE LEVEL OF AID