Avis juridique important

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31982L0348

Commission Directive 82/348/EEC of 29 April 1982 amending Directive 79/608/EEC fixing standard rates of yield for certain inward processing operationsp

Official Journal L 156 , 07/06/1982 P. 0006 - 0015 Spanish special edition: Chapter 02 Volume 9 P. 0075  Portuguese special edition Chapter 02 Volume 9 P. 0075

++++COMMISSION DIRECTIVE  OF 29 APRIL 1982  AMENDING DIRECTIVE 79/608/EEC FIXING STANDARD RATES OF YIELD FOR CERTAIN INWARD PROCESSING OPERATIONS   ( 82/348/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL DIRECTIVE 69/73/EEC OF 4 MARCH 1969 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING ( 1 ) , AS LAST AMENDED BY THE ACT OF ACCESSION OF GREECE , AND IN PARTICULAR ARTICLE 12 THEREOF ,  WHEREAS COMMISSION DIRECTIVE 79/608/EEC ( 2 ) FIXES STANDARD RATES OF YIELD FOR CERTAIN INWARD PROCESSING OPERATIONS ;  WHEREAS THE LIST OF STANDARD RATES OF YIELD FOR THE PROCESSING OF COMMON WHEAT INTO WHEAT FLOUR SHOULD BE SUPPLEMENTED , WHEREAS THE STANDARD RATES OF YIELD FOR THE PROCESSING OF DURUM WHEAT SHOULD BE AMENDED IN THE LIGHT OF ACTUAL DATA ;  WHEREAS IT IS APPROPRIATE TO ADAPT THE COMMON CUSTOMS TARIFF HEADING NUMBERS AND CODES SHOWN FOR RICE UNDER THE SUBHEADINGS OF HEADING NO 10.06 OF THE COMMON CUSTOMS TARIFF ANNEXED TO COUNCIL REGULATION ( EEC ) NO 950/68 ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 3300/81 ( 4 ) ;  WHEREAS THE PROVISIONS CONCERNING THE STANDARD RATES OF YIELD FOR WHOLLY MILLED RICE SHOULD BE MADE MORE CLEAR BY SPECIFYING THE QUANTITY OF BROKEN RICE CONTAINED IN THE COMPENSATING PRODUCT ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE FOR CUSTOMS PROCESSING ARRANGEMENTS ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE ANNEX TO DIRECTIVE 79/608/EEC IS HEREBY REPLACED BY THE ANNEX TO THIS DIRECTIVE IN SO FAR AS THE HEADINGS OF THE COMMON CUSTOMS TARIFF CONTAINED IN THE ANNEX TO THIS DIRECTIVE ARE CONCERNED .  ARTICLE 2  THE MEMBER STATES SHALL TAKE THE NECESSARY MEASURES TO COMPLY WITH THIS DIRECTIVE BY 1 JULY 1982 AT THE LATEST . EACH MEMBER STATE SHALL FORTHWITH INFORM THE COMMISSION THEREOF ; THE COMMISSION SHALL COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .  ARTICLE 3  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 29 APRIL 1982 .  FOR THE COMMISSION  KARL-HEINZ NARJES  MEMBER OF THE COMMISSION  ( 1 ) OJ NO L 58 , 8 . 3 . 1969 , P . 1 .  ( 2 ) OJ NO L 170 , 9 . 7 . 1979 , P . 5 .  ( 3 ) OJ NO L 172 , 22 . 7 . 1968 , P . 1 .  ( 4 ) OJ NO L 335 , 23 . 11 . 1981 , P . 1 .  ANNEX  IMPORTED GOODS*COMPENSATING PRODUCTS*QUANTITY OF COMPENSATING PRODUCTS FOR EACH 100 KG OF IMPORTED GOODS  ( KG ) *  1*2*3*  CCT HEADING NO*DESCRIPTION*CODE ( 1)*DESCRIPTION**  EX 10.01 B I*COMMON WHEAT*11.01 A*1 . COMMON WHEAT FLOUR HAVING BY WEIGHT ON THE DRY PRODUCT AN ASH CONTENT NOT EXCEEDING 0,52 % *66,23*  **EX 23.02 A II A ) *AND BRAN*25,50*  **EX 23.02 A II B ) *AND SHARPS*6*  ***OR**  **11.01 A*2 . COMMON WHEAT FLOUR HAVING BY WEIGHT ON THE DRY PRODUCT AN ASH CONTENT EXCEEDING 0,52 % BUT NOT EXCEEDING 0,60 % **  **EX 23.02 A II A ) *AND BRAND*25,50*  **EX 23.02 A II B ) *AND SHARPS*2,50*  ***OR**  **11.01 A*3 . COMMON WHEAT FLOUR HAVING BY WEIGHT ON THE DRY PRODUCT AN ASH CONTENT EXCEEDING 0,60 % BUT NOT EXCEEDING 0,90 % *75,19*  **EX 23.02 A II A ) *AND BRAN*23*  ***OR**  **11.01 A*4 . COMMON WHEAT FLOUR HAVING BY WEIGHT ON THE DRY PRODUCT AN ASH CONTENT EXCEEDING 0,90 % BUT NOT EXCEEDING 1,10 % *83,30*  **EX 23.02 A II A ) *AND BRAN*16,67*  ***OR**  **11.01 A*5 . COMMON WHEAT FLOUR HAVING BY WEIGHT ON THE DRY PRODUCT AN ASH CONTENT EXCEEDING 1,10 % BUT NOT EXCEEDING 1,65 % *87,72*  **EX 23.02 A II A ) *AND BRAN*10,26*  ***OR**  **11.01 A*6 . COMMON WHEAT FLOUR HAVING BY WEIGHT ON THE DRY PRODUCT AN ASH CONTENT EXCEEDING 1,65 % BUT NOT EXCEEDING 1,90 % *98,03*  ***OR**  **11.02 B II A ) *7 . HULLED WHEAT ( SHELLED OR HUSKED ) WHETHER OR NOT SLICED OR KIBBLED ( 2)*98,04*  ***OR**  **11.07 A I A ) *8 . MALT , UNROASTED , OBTAINED FROM WHEAT , IN THE FORM OF FLOUR*56,18*  IMPORTED GOODS*COMPENSATING PRODUCTS*QUANTITY OF COMPENSATING PRODUCTS FOR EACH 100 KG OF IMPORTED GOODS  ( KG ) *  1*2*3*  CCT HEADING NO*DESCRIPTION*CODE ( 1)*DESCRIPTION**  EX 10.01 B I ( CONT'D ) ***OR**  **11.07 A I B ) *9 . MALT , UNROASTED , OBTAINED FROM WHEAT , IN A FORM OTHER THAN OF FLOUR*75,19*  ***OR**  **11.08 A III*10 . ( A ) WHEAT STARCH*45,46*  ***AND**  **11.09* ( B ) GLUTEN*7,5*  10.01 B II*DURUM WHEAT*19.03 B I *1 . MACARONI , SPAGHETTI AND SIMILAR PRODUCTS CONTAINING NO EGGS AND NO COMMON WHEAT FLOUR OR MEAL , WITH AN ASH CONTENT IN THE DRY MATTER OF LESS THAN 0,95 % BY WEIGHT*59,88*  **EX 23.02 A II*AND BRAN AND SHARPS*35*  ***OR**  **11.01 A*FLOUR*15*  **EX 23.02 A II*AND BRAN AND SHARPS*20*  ***OR**  **19.03 B I*2 . MACARONI , SPAGHETTI AND SIMILAR PRODUCTS CONTAINING NO EGGS AND NO COMMON WHEAT FLOUR OR MEAL , WITH AN ASH CONTENT IN THE DRY MATTER OF 0,95 % OR MORE BUT LESS THAN 1,30 % BY WEIGHT*66,67*  **EX 23.02 A II*AND BRAN AND SHARPS*28*  ***OR**  **11.01 A*FLOUR*8*  **EX 23.02 A II*AND BRAN AND SHARPS*20*  ***OR**  **19.03 B I*3 . MACARONI , SPAGHETTI AND SIMILAR PRODUCTS CONTAINING NO EGGS AND NO COMMON WHEAT FLOUR OR MEAL , WITH AN ASH CONTENT IN THE DRY MATTER OF 1,30 % OR MORE BY WEIGHT*75,19*  **EX 23.02 A II*AND BRAN AND SHARPS*19*  10.06 B I A ) 1*ROUND GRAIN PADDY RICE*10.06 B I B ) 1*ROUND GRAIN HUSKED RICE*80*  10.06 B I A ) 1*ROUND GRAIN PADDY RICE*10.06 B II A ) 1*ROUND GRAIN SEMI-MILLED RICE : **  ***1 . NON-PARBOILED*63*  IMPORTED GOODS*COMPENSATING PRODUCTS*QUANTITY OF COMPENSATING PRODUCTS FOR EACH 100 KG OF IMPORTED GOODS  ( KG ) *  1*2*3*  CCT HEADING NO*DESCRIPTION*CODE ( 1)*DESCRIPTION**  10.06 B I A ) 1 ( CONT'D ) **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*7*  **10.06 B III*AND BROKEN RICE*10*  ***OR**  ***2 . PARBOILED*68*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*6*  **10.06 B III*AND BROKEN RICE*6*  10.06 B I A ) 1*ROUND GRAIN PADDY RICE*10.06 B II B ) 1*ROUND GRAIN WHOLLY MILLED RICE : **  ***1 . NON-PARBOILED*60*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*8*  **10.06 B III*AND BROKEN RICE*12*  ***OR**  ***2 . PARBOILED*65*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*8*  **10.06 B III*AND BROKEN RICE*7*  10.06 B I A ) 2*LONG GRAIN PADDY-RICE*10.06 B I B ) 2*LONG GRAIN HUSKED RICE*80*  10.06 B I A ) 2*LONG GRAIN PADDY RICE OF THE QUALITY : *10.06 B II A ) 2*LONG GRAIN SEMI-MILLED RICE : **  *1 . SPANISH MEDIUM , URUGUAY SELECTION , BLUEROSE , ARKROSE , CALROSE , GULFROSE , MAGNOLIA , NORTHROSE , ZENITH , NATO , SO-CALLED CAROLINA OF SOUTH AMERICA AND USA MEDIUM**1 . NON-PARBOILED*65*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*5*  **10.06 B III*AND BROKEN RICE*10*  ***OR**  ***2 . PARBOILED*67*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*7*  **10.06 B III*AND BROKEN RICE*6*  IMPORTED GOODS*COMPENSATING PRODUCTS*QUANTITY OF COMPENSATING PRODUCTS FOR EACH 100 KG OF IMPORTED GOODS  ( KG ) *  1*2*3*  CCT HEADING NO*DESCRIPTION*CODE ( 1)*DESCRIPTION**  10.06 B I A ) 2 ( CONT'D ) *2 . BELLE PATNA , BLUE BELLE , BLUE BONNET , STAR BONNET AND USA LONG GRAIN**1 . NON-PARBOILED*58*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*7*  **10.06 B III*AND BROKEN RICE*15*  ***OR**  ***2 . PARBOILED*64*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*8*  **10.06 B III*AND BROKEN RICE*8*  *3 . OTHER QUALITIES**1 . NON-PARBOILED*58*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*6*  **10.06 B III*AND BROKEN RICE*16*  ***OR**  ***2 . PARBOILED*62*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*9*  **10.06 B III*AND BROKEN RICE*9*  10.06 B I A ) 2*LONG GRAIN PADDY RICE OF THE QUALITY : *10.06 B II B ) 2*LONG GRAIN WHOLLY MILLED RICE : **  *1 . SPANISH MEDIUM , URUGUAY SELECTION , BLUEROSE , ARKROSE , CALROSE , GULFROSE , MAGNOLIA , NORTHROSE , ZENITH , NATO , SO-CALLED CAROLINA OF SOUTH AMERICA AND USA MEDIUM**1 . NON-PARBOILED*63*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*6*  **10.06 B III*AND BROKEN RICE*11*  ***OR**  ***2 . PARBOILED*65*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*8*  **10.06 B III*AND BROKEN RICE*7*  *2 . BELLE PATNA , BLUE BELLE , BLUE BONNET , STAR BONNET AND USA LONG GRAIN**1 . NON-PARBOILED*55*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*9*  **10.06 B III*AND BROKEN RICE*16*  ***OR**  ***2 . PARBOILED*60*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*10*  **10.06 B III*AND BROKEN RICE*10*  IMPORTED GOODS*COMPENSATING PRODUCTS*QUANTITY OF COMPENSATING PRODUCTS FOR EACH 100 KG OF IMPORTED GOODS  ( KG ) *  1*2*3*  CCT HEADING NO*DESCRIPTION*CODE ( 1)*DESCRIPTION**  10.06 B I A ) 2 ( CONT'D ) *3 . OTHER QUALITIES**1 . NON-PARBOILED*52*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*9*  **10.06 B III*AND BROKEN RICE*19*  ***OR**  ***2 . PARBOILED*58*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*11*  **10.06 B III*AND BROKEN RICE*11*  10.06 B I B ) 1*ROUND GRAIN HUSKED RICE*10.06 B II A ) 1*ROUND GRAIN SEMI-MILLED RICE : **  ***1 . NON-PARBOILED*81*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*9*  **10.06 B III*AND BROKEN RICE*10*  ***OR**  ***2 . PARBOILED*84*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*8*  **10.06 B III*AND BROKEN RICE*8*  10.06 B I B ) 1*ROUND GRAIN HUSKED RICE*10.06 B II B ) 1*ROUND GRAIN WHOLLY MILLED RICE : **  ***1 . NON-PARBOILED*77*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*11*  **10.06 B III*AND BROKEN RICE*12*  ***OR**  ***2 . PARBOILED*80*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*10*  **10.06 B III*AND BROKEN RICE*10*  10.06 B I B ) 2*LONG GRAIN HUSKED RICE OF THE QUALITY : *10.06 B II A ) 2*LONG GRAIN SEMI-MILLED RICE : **  IMPORTED GOODS*COMPENSATING PRODUCTS*QUANTITY OF COMPENSATING PRODUCTS FOR EACH 100 KG OF IMPORTED GOODS  ( KG ) *  1*2*3*  CCT HEADING NO*DESCRIPTION*CODE ( 1)*DESCRIPTION**  10.06 B I B ) 2 ( CONT'D ) *1 . SPANISH MEDIUM , URUGUAY SELECTION , BLUEROSE , ARKROSE , CALROSE , GULFROSE , MAGNOLIA , NORTHROSE , ZENITH , NATO , SO-CALLED CAROLINA OF SOUTH AMERICA AND USA MEDIUM**1 . NON-PARBOILED*84*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*6*  **10.06 B III*AND BROKEN RICE*10*  ***OR**  ***2 . PARBOILED*86*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*7*  **10.06 B III*AND BROKEN RICE*7*  *2 . BELLE PATNA , BLUE BELLE , BLUE BONNET , STAR BONNET AND USA LONG GRAIN**1 . NON-PARBOILED*76*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*9*  **10.06 B III*AND BROKEN RICE*15*  ***OR**  ***2 . PARBOILED*86*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*7*  **10.06 B III*AND BROKEN RICE*7*  *3 . OTHER QUALITIES**1 . NON-PARBOILED*71*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*9*  **10.06 B III*AND BROKEN RICE*20*  ***OR**  ***2 . PARBOILED*82*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*9*  **10.06 B III*AND BROKEN RICE*9*  10.06 B I B ) 2*LONG GRAIN HUSKED RICE OF THE QUALITY : 10.06 B II B ) 2*LONG GRAIN WHOLLY MILLED RICE : **  *1 . SPANISH MEDIUM , URUGUAY SELECTION , BLUEROSE , ARKROSE , CALROSE , GULFROSE , MAGNOLIA , NORTHROSE , ZENITH , NATO , SO-CALLED CAROLINA OF SOUTH AMERICA AND USA MEDIUM**1 . NON-PARBOILED*77*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*11*  **10.06 B III*AND BROKEN RICE*12*  ***OR**  ***2 . PARBOILED*81*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*9*  **10.06 B III*AND BROKEN RICE*10*  IMPORTED GOODS*COMPENSATING PRODUCTS*QUANTITY OF COMPENSATING PRODUCTS FOR EACH 100 KG OF IMPORTED GOODS  ( KG ) *  1*2*3*  CCT HEADING NO*DESCRIPTION*CODE ( 1)*DESCRIPTION**  10.06 B I B ) 2 ( CONT'D ) *2 . BELLE PATNA , BLUE BELLE , BLUE BONNET , STAR BONNET AND USA LONG GRAIN**1 . NON-PARBOILED*73*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*10*  **10.06 B III*AND BROKEN RICE*17*  ***OR**  ***2 . PARBOILED*83*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*8*  **10.06 B III*AND BROKEN RICE*9*  *3 . OTHER QUALITIES**1 . NON-PARBOILED*67*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*11*  **10.06 B III*AND BROKEN RICE*22*  ***OR**  ***2 . PARBOILED*78*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*11*  **10.06 B III*AND BROKEN RICE*11*  10.06 B I B ) 2*LONG GRAIN HUSKED RICE*EX 21.07 A II*PRE-COOKED RICE ( 7)*57,47*  10.06 B II A ) 1*ROUND GRAIN SEMIMILLED RICE*10.06 B II B ) 1*ROUND GRAIN WHOLLY MILLED RICE : **  ***1 . NON-PARBOILED*95*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*2*  **10.06 B III*AND BROKEN RICE*3*  ***OR**  ***2 . PARBOILED*97*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*1*  **10.06 B III*AND BROKEN RICE*2*  10.06 B II A ) 2*LONG GRAIN SEMI-MILLED RICE OF THE QUALITY : *10.06 B II B ) 2*LONG GRAIN WHOLLY MILLED RICE : **  IMPORTED GOODS*COMPENSATING PRODUCTS*QUANTITY OF COMPENSATING PRODUCTS FOR EACH 100 KG OF IMPORTED GOODS  ( KG ) *  1*2*3*  CCT HEADING NO*DESCRIPTION*CODE ( 1)*DESCRIPTION**  10.06 B II A ) 2 ( CONT'D ) *1 . SPANISH MEDIUM , URUGUAY SELECTION , BLUEROSE , ARKROSE , CALROSE , GULFROSE , MAGNOLIA , NORTHROSE , ZENITH , NATO , SO-CALLED CAROLINA OF SOUTH AMERICA AND USA MEDIUM**1 . NON-PARBOILED*93*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*2*  **10.06 B III*AND BROKEN RICE*5*  ***OR**  ***2 . PARBOILED*96*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*2*  **10.06 B III*AND BROKEN RICE*2*  *2 . BELLE PATNA , BLUE BELLE , BLUE BONNET , STAR BONNET AND USA LONG GRAIN**1 . NON-PARBOILED*92*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*3*  **10.06 B III*AND BROKEN RICE*5*  ***OR**  ***2 . PARBOILED*95*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*2*  **10.06 B III*AND BROKEN RICE*3*  *3 . OTHER QUALITIES**1 . NON-PARBOILED*91*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*3*  **10.06 B III*AND BROKEN RICE*6*  ***OR**  ***2 . PARBOILED*94*  **11.01 F OR EX 23.02 A I*AND RICE FLOUR OR BRAN*3*  **10.06 B III*AND BROKEN RICE*3*  10.06 B II B ) *WHOLLY MILLED RICE*10.06 B II B ) *WHOLLY MILLED RICE , POLISHED , GLAZED OR PACKED*100 ( 7 BIS )*  10.06 B II B ) 1*ROUND GRAIN WHOLLY MILLED RICE*EX 19.05 B* " PUFFED RICE " *60,61*  IMPORTED GOODS*COMPENSATING PRODUCTS*QUANTITY OF COMPENSATING PRODUCTS FOR EACH 100 KG OF IMPORTED GOODS  ( KG ) *  1*2*3CCT HEADING NO*DESCRIPTION*CODE ( 1)*DESCRIPTION**  10.06 B II B ) 2*LONG GRAIN WHOLLY MILLED RICE*EX 21.07 A II*PRE-COOKED RICE ( 7)*84*  10.06 B III*BROKEN RICE*11.01 F*1 . RICE FLOUR*94,34*  ***OR**  **11.02 A VI*2 . RICE GROATS AND MEAL*94,34*  ***OR**  **11.02 E II D ) 1*3 . RICE , FLAKED*94,34*  ***OR**  **11.08 A II*4 . RICE STARCH*65,79*  ( 7 BIS ) FOR THE PURPOSES OF COMPLETING THE ARRANGEMENTS , THE QUANTITY OF BROKEN RICE OBTAINED SHALL CORRESPOND TO THE QUANTITY OF BROKEN RICE AS DETERMINED AT THE TIME OF IMPORTATION FOR PROCESSING OF RICE UNDER SUBHEADING 10.06 B II B ) .  IN THE CASE OF POLISHING , THIS QUANTITY SHALL BE INCREASED BY 2 % OF THE IMPORTED RICE EXCLUDING THE BROKEN RICE AS DETERMINED AT IMPORTATION .


title: Council Directive 2010/12/EU of 16 February 2010 amending Directives 92/79/EEC, 92/80/EEC and 95/59/EC on the structure and rates of excise duty applied on manufactured tobacco and Directive 2008/118/EC

text:
               27.2.2010

               EN

               Official Journal of the European Union

               L 50/1

         COUNCIL DIRECTIVE 2010/12/EU
   of 16 February 2010
   amending Directives 92/79/EEC, 92/80/EEC and 95/59/EC on the structure and rates of excise duty applied on manufactured tobacco and Directive 2008/118/EC
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 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 European Economic and Social Committee (2),
   Acting in accordance with a special legislative procedure,
   Whereas:

               (1)

               In accordance with Article 4 of Council Directive 92/79/EEC of 19 October 1992 on the approximation of taxes on cigarettes (3) and Article 4 of Council Directive 92/80/EEC of 19 October 1992 on the approximation of taxes on manufactured tobacco other than cigarettes (4), an in-depth review has been carried out of the rates and structure of excise duties on tobacco products. That review included provisions of Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco (5).

               (2)

               In order to ensure the proper functioning of the internal market and, at the same time, a high level of health protection, as required by Article 168 of the Treaty, bearing in mind that serious harm to health can be caused by tobacco products and that the Union is Party to the World Health Organization’s Framework Convention on Tobacco Control (FCTC), various changes should be made to the Union’s fiscal legislation on tobacco products. These changes should take account of the situation prevailing for each of the various tobacco products.

               (3)

               As regards cigarettes, the arrangements should be simplified so as to create neutral conditions of competition for manufacturers, to reduce the partitioning of the tobacco markets and to underscore health objectives. To this end, the concept of the most popular price category should be replaced; the price related minimum requirement should refer to the weighted average retail selling price, whereas the monetary minimum should be applicable to all cigarettes. For the same reasons, the weighted average retail selling price should also serve as a reference for measuring the importance of specific excise duty within the total tax burden.

               (4)

               Without prejudice to the mixed tax structure and the maximum percentage of the specific component on the total tax burden, Member States should be given more effective means to levy specific or minimum excise duty on cigarettes, so as to ensure that at least a certain minimum amount of taxation applies throughout the Union.

               (5)

               As regards fine-cut tobacco intended for the rolling of cigarettes, the Union price related minimum requirement should be expressed in such a way as to obtain effects similar to those in the field of cigarettes and should take the weighted average retail selling price as the point of reference.

               (6)

               The changes of prices and excise levels have been analysed, in particular, for cigarettes — by far the most important category of tobacco products — as well as for fine-cut tobacco intended for the rolling of cigarettes. The analysis shows that there are still considerable differences between Member States which may disturb the operation of the internal market. Greater convergence between the tax levels applied in the Member States would help reduce fraud and smuggling within the Union.

               (7)

               Greater convergence would also help to ensure a high level of human health protection. The level of taxation is indeed a major factor in the price of tobacco products, which in turn influences consumers’, smoking habits. Fraud and smuggling undermine tax induced price levels, in particular of cigarettes and fine-cut tobacco intended for the rolling of cigarettes, and thus jeopardise the achievement of tobacco control and health protection objectives.

               (8)

               In order to achieve greater convergence and to reduce consumption, the minimum levels of taxation in the Union for cigarettes and fine-cut tobacco intended for the rolling of cigarettes should therefore be increased.

               (9)

               It is necessary to bring the minimum levels for fine-cut tobacco intended for the rolling of cigarettes closer to the minimum levels applicable to cigarettes, so as to better take account of the degree of competition existing between the two products, reflected in consumption patterns observed, as well as their equally harmful character.

               (10)

               Transitional periods should allow Member States to adapt smoothly to the new levels of the overall excise duty, thus limiting possible side effects.

               (11)

               In order to prevent damage to Corsica’s economic and social equilibrium it is both essential and justifiable to extend until 31 December 2015 the derogation by which France may apply a rate of excise duty that is lower than the national rate to cigarettes and other manufactured tobaccos released for consumption in Corsica. By that date the tax rules for manufactured tobaccos released for consumption there should be brought fully into line with the rules for mainland France. Nevertheless, too abrupt a change should be avoided and there should therefore be a stepwise increase in the excise duty currently levied on cigarettes and fine-cut tobacco intended for the rolling of cigarettes in Corsica.

               (12)

               In order to avoid distortion of competition and unacceptable diversions of trade and the resulting revenue loss for those Member States which apply high excise duties, both as an important source of revenue and for health reasons, it appears necessary to allow the latter to apply quantitative limits as regards cigarettes which may be brought into their territory without further payment of excise duties where those cigarettes are brought into their territory from Member States benefiting from transitional periods. It is appropriate to modulate such authorisation of restrictions taking into account the level which the general mandatory minimum level of taxation will have reached and the difficulties which Member States benefiting from a derogation may encounter from lower taxation in other Member States on their way to gradually aligning on the general mandatory minimum level.

               (13)

               In order to avoid a fall in the value of the Union minimum levels of duty on cigars, cigarillos and smoking tobaccos other than fine-cut tobacco intended for the rolling of cigarettes, it is necessary to increase the minimum levels expressed as a specific amount.

               (14)

               In the interests of uniform and fair taxation, the definition of cigarettes, cigars and cigarillos and of other smoking tobacco should be adapted so that, respectively, rolls of tobacco which according to their length can be considered as two cigarettes or more are treated as two cigarettes or more for excise purposes; a type of cigar which is similar in many respects to a cigarette is treated as a cigarette for excise purposes; smoking tobacco which is similar in many respects to fine-cut tobacco intended for the rolling of cigarettes is treated as fine-cut tobacco for excise purposes; and tobacco refuse is clearly defined. In view of the economic difficulties that immediate implementation could cause for the German and Hungarian operators concerned, the Federal Republic of Germany and the Republic of Hungary should be authorised to postpone the implementation of the new definition of cigars and cigarillos until 1 January 2015.

               (15)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making (6), Member States are encouraged to draw up, for themselves and in the interests of the Union, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.

               (16)

               Directives 92/79/EEC, 92/80/EEC, 95/59/EC and Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty (7) should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 92/79/EEC is hereby amended as follows:

               1.

               Article 2 is replaced by the following:
               ‘Article 2
               1.   The overall excise duty (specific duty and ad valorem duty excluding VAT) on cigarettes shall represent at least 57 % of the weighted average retail selling price of cigarettes released for consumption. That excise duty shall not be less than EUR 64 per 1 000 cigarettes irrespective of the weighted average retail selling price.
               However, Member States which levy an excise duty of at least EUR 101 per 1 000 cigarettes on the basis of the weighted average retail selling price need not comply with the 57 % requirement set out in the first subparagraph.
               2.   From 1 January 2014, the overall excise duty on cigarettes shall represent at least 60 % of the weighted average retail selling price of cigarettes released for consumption. That excise duty shall not be less than EUR 90 per 1 000 cigarettes irrespective of the weighted average retail selling price.
               However, Member States which levy an excise duty of at least EUR 115 per 1 000 cigarettes on the basis of the weighted average retail selling price need not comply with the 60 % requirement set out in the first subparagraph.
               Bulgaria, Estonia, Greece, Latvia, Lithuania, Hungary, Poland and Romania shall be allowed a transitional period until 31 December 2017 in order to reach the requirements laid down in the first and second subparagraphs.
               3.   The weighted average retail selling price shall be calculated by reference to the total value of all cigarettes released for consumption, based on the retail selling price including all taxes, divided by the total quantity of cigarettes released for consumption. It shall be determined by 1 March at the latest of each year on the basis of data relating to all such releases for consumption made in the preceding calendar year.
               4.   Member States shall gradually increase excise duties in order to reach the requirements referred to in paragraph 2 on the dates set therein.
               5.   The Commission shall publish once a year the value of the euro in national currencies to be applied to the amounts of the overall excise duty.
               The exchange rates to be applied shall be those obtained on the first working day of October and published in the Official Journal of the European Union. They shall apply from 1 January of the following calendar year.
               6.   Member States may maintain the amounts of the excise duties in force at the time of the annual adjustment provided for in paragraph 5 if the conversion of the amounts of the excise duties expressed in EUR would result in an increase of less than 5 % or less than EUR 5, whichever is the lower amount, in the excise duty expressed in national currency.’;

               2.

               Article 2a is replaced by the following:
               ‘Article 2a
               1.   Where a change in the weighted average retail selling price of cigarettes occurs in a Member State, thereby bringing the overall excise duty below the levels specified in the first sentences of paragraphs 1 and 2 of Article 2 respectively, the Member State concerned may refrain from adjusting that duty until 1 January of the second year following that in which the change occurs.
               2.   Where a Member State increases the rate of value added tax on cigarettes, it may reduce the overall excise duty up to an amount which, expressed as a percentage of the weighted average retail selling price, is equal to the increase in the rate of value added tax, also expressed as a percentage of the weighted average retail selling price, even if such an adjustment has the effect of reducing the overall excise duty to below the levels, expressed as a percentage of the weighted average retail selling price, laid down in the first sentences of paragraphs 1 and 2 of Article 2 respectively.
               However, the Member State shall raise that duty again so as to reach at least those levels by 1 January of the second year after that in which the reduction took place.’;

               3.

               Article 3(4) is replaced by the following:
               ‘4.   By way of derogation from Article 2, France may continue to apply for the period from 1 January 2010 to 31 December 2015, a reduced rate of excise duty to cigarettes released for consumption in the departments of Corsica up to an annual quota of 1 200 tonnes. The reduced rate shall be:

                           —

                           until 31 December 2012, at least 44 % of the price for cigarettes in the price category most in demand in those departments,

                           —

                           from 1 January 2013, at least 50 % of the weighted average retail selling price of cigarettes released for consumption. The excise duty shall not be less than EUR 88 per 1 000 cigarettes irrespective of the weighted average retail selling price,

                           —

                           from 1 January 2015, at least 57 % of the weighted average retail selling price of cigarettes released for consumption. The excise duty shall not be less than EUR 90 per 1 000 cigarettes irrespective of the weighted average retail selling price.’;

               4.

               Article 4 is replaced by the following:
               ‘Article 4
               1.   Every 4 years, the Commission shall submit to the Council a report and, where appropriate, a proposal concerning the rates of excise duty laid down in this Directive and the structure of excise duty as defined by Article 16 of Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco (8).
               The report by the Commission shall take into account the proper functioning of the internal market, the real value of the rates of excise duty and the wider objectives of the Treaty.
               2.   The report referred to in paragraph 1 shall be based in particular on the information provided by the Member States.
               3.   The Commission shall, in accordance with the procedure referred to in Article 43 of Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty (9), determine a list of statistical data needed for the report, excluding data relating to individual natural persons or legal entities. Apart from data readily available to Member States, the list shall only contain data the collection and assembly of which does not involve a disproportionate administrative burden on the part of the Member States.
               4.   The Commission shall not publish or otherwise divulge those data where it would lead to the disclosure of a commercial, industrial or professional secret.

         Article 2
   Directive 92/80/EEC is hereby amended as follows:

               1.

               in Article 3(1), the following subparagraphs are added:
               ‘From 1 January 2011, the overall excise duty (specific duty and/or ad valorem duty excluding VAT) on fine-cut smoking tobacco intended for the rolling of cigarettes shall represent at least 40 % of the weighted average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, or at least EUR 40 per kilogram.
               From 1 January 2013, the overall excise duty (specific duty and/or ad valorem duty excluding VAT) on fine-cut smoking tobacco intended for the rolling of cigarettes shall represent at least 43 % of the weighted average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, or at least EUR 47 per kilogram.
               From 1 January 2015 the overall excise duty (specific duty and/or ad valorem duty excluding VAT) on fine-cut smoking tobacco intended for the rolling of cigarettes shall represent at least 46 % of the weighted average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, or at least EUR 54 per kilogram.
               From 1 January 2018, the overall excise duty (specific duty and/or ad valorem duty excluding VAT) on fine-cut smoking tobacco intended for the rolling of cigarettes shall represent at least 48 % of the weighted average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, or at least EUR 60 per kilogram.
               From 1 January 2020, the overall excise duty (specific duty and/or ad valorem duty excluding VAT) on fine-cut smoking tobacco intended for the rolling of cigarettes shall represent at least 50 % of the weighted average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, or at least EUR 60 per kilogram.
               The weighted average retail selling price shall be calculated by reference to the total value of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, based on retail selling price including all taxes, divided by the total quantity of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption. It shall be determined by 1 March at the latest of each year on the basis of data relating to all such releases for consumption made in the preceding calendar year.
               From 1 January 2011, the overall excise duty expressed as a percentage, as an amount per kilogram or for a given number of items shall be at least equivalent to the following:

                           (a)

                           in the case of cigars or cigarillos, 5 % of the retail selling price inclusive of all taxes or EUR 12 per 1 000 items or per kilogram;

                           (b)

                           in the case of smoking tobaccos, other than fine-cut smoking tobacco intended for the rolling of cigarettes, 20 % of the retail selling price inclusive of all taxes, or EUR 22 per kilogram.’;

               2.

               Article 3(4) is replaced by the following:
               ‘4.   By way of derogation from paragraph 1, France may continue to apply, for the period from 1 January 2010 to 31 December 2015, a reduced rate of excise duty to manufactured tobacco other than cigarettes released for consumption in the departments of Corsica. The reduced rate shall be:

                           (a)

                           for cigars and cigarillos:
                           at least 10 % of the retail selling price, inclusive of all taxes;

                           (b)

                           for fine-cut smoking tobacco intended for the rolling of cigarettes:

                                       —

                                       until 31 December 2012, at least 27 % of the retail selling price, inclusive of all taxes,

                                       —

                                       from 1 January 2013, at least 30 % of the retail selling price, inclusive of all taxes,

                                       —

                                       from 1 January 2015, at least 35 % of the retail selling price, inclusive of all taxes;

                           (c)

                           for other smoking tobacco:
                           at least 22 % of the retail selling price, inclusive of all taxes.’;

               3.

               Article 4 is replaced by the following:
               ‘Article 4
               1.   Every 4 years, the Commission shall submit to the Council a report and, where appropriate, a proposal concerning the rates and the structure of excise duty laid down in this Directive.
               The report by the Commission shall take into account the proper functioning of the internal market, the real value of the rates of excise duty and the wider objectives of the Treaty.
               2.   The report referred to in paragraph 1 shall be based in particular on the information provided by the Member States.
               3.   The Commission shall, in accordance with the procedure referred to in Article 43 of Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty (10), determine a list of statistical data needed for the report, excluding data relating to individual natural persons or legal entities. Apart from data readily available to Member States, the list shall only contain data the collection and assembly of which does not involve a disproportionate administrative burden on the part of the Member States.
               4.   The Commission shall not publish or otherwise divulge those data where it would lead to the disclosure of a commercial, industrial or professional secret.

               4.

               Article 5(1) is replaced by the following:
               ‘1.   The Commission shall publish once a year the value of the euro in national currencies to be applied to the amounts of the overall excise duty.
               The exchange rates to be applied shall be those obtained on the first working day of October and published in the Official Journal of the European Union and shall apply from 1 January of the following calendar year.’

         Article 3
   Directive 95/59/EC is hereby amended as follows:

               1.

               Article 3 is replaced by the following:
               ‘Article 3
               1.   The following shall be deemed to be cigars or cigarillos if they can be and, given their properties and normal consumer expectations, are exclusively intended to be smoked as they are:

                           (a)

                           rolls of tobacco with an outer wrapper of natural tobacco;

                           (b)

                           rolls of tobacco with a threshed blend filler and with an outer wrapper of the normal colour of a cigar, of reconstituted tobacco, covering the product in full, including, where appropriate, the filter but not, in the case of tipped cigars, the tip, where the unit weight, not including filter or mouthpiece, is not less than 2,3 g and not more than 10 g, and the circumference over at least one third of the length is not less than 34 mm.

                     2.   By way of derogation from paragraph 1, Germany and Hungary may continue to apply until 31 December 2014 Article 3 of Directive 95/59/EC as amended by Directive 2002/10/EC.’;

               2.

               Article 4(2) is replaced by the following:
               ‘2.   A roll of tobacco referred to in paragraph 1 shall, for excise duty purposes, be considered as two cigarettes where, excluding filter or mouthpiece, it is longer than 8 cm but not longer than 11 cm, as three cigarettes where, excluding filter or mouthpiece, it is longer than 11 cm but not longer than 14 cm, and so on.’;

               3.

               in Article 5, point 2 is replaced by the following:

                           ‘2.

                           tobacco refuse put up for retail sale which does not fall under Articles 3 and 4 and which can be smoked. For the purpose of this Article, “tobacco refuse” shall be deemed to be remnants of tobacco leaves and by-products obtained from tobacco processing or the manufacture of tobacco products.’;

               4.

               Article 6 is amended as follows:

                           (a)

                           in the first subparagraph the wording ‘1 millimetre’ is replaced by the wording ‘1,5 millimetre’;

                           (b)

                           in the second subparagraph the wording ‘more than 1 millimetre’ is replaced by the wording ‘1,5 millimetre or more’;

               5.

               Article 7(1) is replaced by the following:
               ‘1.   Products which consist in part of substances other than tobacco but otherwise fulfil the criteria set out in Article 3 shall be treated as cigars and cigarillos.’;

               6.

               Article 8(4) is replaced by the following:
               ‘4.   Where necessary, the excise duty on cigarettes may include a minimum tax component, provided that the mixed structure of taxation and the band of the specific component of the excise duty as laid down in Article 16 is strictly respected.’;

               7.

               Article 16 is replaced by the following:
               ‘Article 16
               1.   The percentage of the specific component of excise duty in the amount of the total tax burden on cigarettes shall be established by reference to the weighted average retail selling price.
               2.   The weighted average retail selling price shall be calculated by reference to the total value of all cigarettes released for consumption, based on the retail selling price including all taxes, divided by the total quantity of cigarettes released for consumption. It shall be determined by 1 March at the latest of each year on the basis of data relating to all such releases for consumption made in the preceding calendar year.
               3.   Until 31 December 2013, the specific component of the excise duty may not be less than 5 % and not be more than 76,5 % of the amount of the total tax burden resulting from the aggregation of the following:

                           (a)

                           specific excise duty;

                           (b)

                           the proportional excise duty and the value added tax levied on the weighted average retail selling price.

                     4.   From 1 January 2014, the specific component of the excise duty on cigarettes may not be less than 7,5 % and not be more than 76,5 % of the amount of the total tax burden resulting from the aggregation of the following:

                           (a)

                           specific excise duty;

                           (b)

                           the proportional excise duty and the value added tax levied on the weighted average retail selling price.

                     5.   By way of derogation from paragraphs 3 and 4, where a change in the weighted average retail selling price of cigarettes occurs in a Member State, thereby bringing the specific component of the excise duty, expressed as a percentage of the total tax burden, below the percentage of 5 % or 7,5 %, whichever is applicable, or above the percentage of 76,5 % of the total tax burden, the Member State concerned may refrain from adjusting the amount of the specific excise duty until 1 January of the second year following that in which the change occurs.
               6.   Notwithstanding Article 8(1), Member States may exclude customs duties from the basis for calculating the proportional excise duty on cigarettes.
               7.   Subject to paragraphs 3, 4, 5 and 6, Member States may levy a minimum excise duty on cigarettes.’;

               8.

               Article 17 is deleted.

         Article 4
   Directive 2008/118/EC is hereby amended as follows:
   in Article 46, the following paragraph is added:

      ‘3.   Without prejudice to Article 32, Member States not referred to in the third subparagraph of Article 2(2) of Directive 92/79/EEC may, as regards cigarettes which may be brought into their territory without further payment of excise duties, apply from 1 January 2014 a quantitative limit of not less than 300 items with respect to cigarettes brought in from a Member State which applies, in accordance with the third subparagraph of Article 2(2) of that Directive, lower excise duties than those resulting from the provisions of the first subparagraph of Article 2(2) thereof.
      Member States referred to in the third subparagraph of Article 2(2) of Directive 92/79/EEC which levy an excise duty of at least EUR 77 per 1 000 cigarettes irrespective of the weighted average retail selling price, may, from 1 January 2014, apply a quantitative limit of not less than 300 items as regards cigarettes brought into their territory without further payment of excise duties from a Member State which applies a lower excise duty in accordance with the third subparagraph of Article 2(2) of that Directive.
      Member States which apply a quantitative limit in accordance with the first and the second subparagraphs of this paragraph shall inform the Commission thereof. They may carry out the necessary checks provided that these checks do not affect the proper functioning of the internal market.’

   Article 5
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive with effect from 1 January 2011 except where otherwise provided for in this Directive. They shall forthwith inform the Commission thereof.
   When they are adopted by Member States, those provisions shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 6
   This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 7
   This Directive is addressed to the Member States.

      Done at Brussels, 16 February 2010.

            For the Council

            The President

         E. SALGADO

      (1)  Opinion of 24 March 2009 (not yet published in the Official Journal).

      (2)  OJ C 228, 22.9.2009, p. 130.

      (3)  OJ L 316, 31.10.1992, p. 8.

      (4)  OJ L 316, 31.10.1992, p. 10.

      (5)  OJ L 291, 6.12.1995, p. 40.

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

      (7)  OJ L 9, 14.1.2009, p. 12.

      (8)  OJ L 291, 6.12.1995, p. 40.

      (9)  OJ L 9, 14.1.2009, p. 12.’

      (10)  OJ L 9, 14.1.2009, p. 12.’;


Avis juridique important

|

31979L0923

Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters

Official Journal L 281 , 10/11/1979 P. 0047 - 0052 Finnish special edition: Chapter 15 Volume 2 P. 0200  Greek special edition: Chapter 15 Volume 1 P. 0230  Swedish special edition: Chapter 15 Volume 2 P. 0200  Spanish special edition: Chapter 15 Volume 2 P. 0156  Portuguese special edition Chapter 15 Volume 2 P. 0156

****( 1 ) OJ NO C 283 , 30 . 11 . 1976 , P . 3 .  ( 2 ) OJ NO C 133 , 6 . 6 . 1977 , P . 48 .  ( 3 ) OJ NO C 114 , 11 . 5 . 1977 , P . 29 .  ( 4 ) OJ NO C 112 , 20 . 12 . 1973 , P . 3 .  ( 5 ) OJ NO C 139 , 13 . 6 . 1977 , P . 3 .  ( 6 ) OJ NO L 222 , 14 . 8 . 1978 , P . 1 .  ( 1 ) OJ NO L 129 , 18 . 5 . 1976 , P . 23 .    COUNCIL DIRECTIVE   OF 30 OCTOBER 1979   ON THE QUALITY REQUIRED OF SHELLFISH WATERS  ( 79/923/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 100 AND 235 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 THE PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT NECESSITATE CONCRETE MEASURES TO PROTECT WATERS , INCLUDING SHELLFISH WATERS , AGAINST POLLUTION ;   WHEREAS IT IS NECESSARY TO SAFEGUARD CERTAIN SHELLFISH POPULATIONS FROM VARIOUS HARMFUL CONSEQUENCES , RESULTING FROM THE DISCHARGE OF POLLUTANT SUBSTANCES INTO THE SEA ;   WHEREAS THE PROGRAMMES OF ACTION OF THE EUROPEAN COMMUNITIES ON THE ENVIRONMENT OF 1973 ( 4 ) AND 1977 ( 5 ) PROVIDE THAT QUALITY OBJECTIVES ARE TO BE JOINTLY DRAWN UP FIXING THE VARIOUS REQUIREMENTS WHICH AN ENVIRONMENT MUST MEET , INTER ALIA THE DEFINITION OF PARAMETERS FOR WATER , INCLUDING SHELLFISH WATERS ;   WHEREAS DIFFERENCES BETWEEN THE PROVISIONS ALREADY IN FORCE OR IN PREPARATION IN THE VARIOUS MEMBER STATES AS REGARDS THE QUALITY REQUIRED OF SHELLFISH WATERS MAY CREATE UNEQUAL CONDITIONS OF COMPETITION AND THUS DIRECTLY AFFECT THE FUNCTIONING OF THE COMMON MARKET ; WHEREAS LAWS IN THIS FIELD SHOULD THEREFORE BE APPROXIMATED AS PROVIDED FOR BY ARTICLE 100 OF THE TREATY ;   WHEREAS IT IS NECESSARY TO COUPLE THIS APPROXIMATION OF LAWS WITH COMMUNITY ACTION AIMING TO ACHIEVE , BY MEANS OF WIDER-RANGING PROVISIONS , ONE OF THE COMMUNITY ' S OBJECTIVES IN THE FIELD OF ENVIRONMENTAL PROTECTION AND THE IMPROVEMENT OF THE QUALITY OF LIFE ; WHEREAS CERTAIN SPECIFIC PROVISIONS MUST BE LAID DOWN IN THIS CONNECTION ; WHEREAS , SINCE THE SPECIFIC POWERS OF ACTION REQUIRED TO THIS END HAVE NOT BEEN PROVIDED FOR IN THE TREATY , IT IS NECESSARY TO INVOKE ARTICLE 235 THEREOF ;   WHEREAS , IN ORDER TO ATTAIN THE OBJECTIVES OF THE DIRECTIVE , THE MEMBER STATES WILL HAVE TO DESIGNATE THE WATERS TO WHICH IT WILL APPLY AND WILL HAVE TO SET LIMIT VALUES CORRESPONDING TO CERTAIN PARAMETERS ; WHEREAS THE WATERS SO DESIGNATED WILL HAVE TO CONFORM TO THESE VALUES WITHIN SIX YEARS OF DESIGNATION ;   WHEREAS FOR THE PURPOSE OF CHECKING THE QUALITY REQUIRED OF SHELLFISH WATERS , A MINIMUM NUMBER OF SAMPLES SHOULD BE TAKEN AND THE MEASUREMENTS RELATING TO PARAMETERS SET OUT IN THE ANNEX SHOULD BE CARRIED OUT ; WHEREAS SUCH SAMPLING MAY BE REDUCED OR DISCONTINUED IN THE LIGHT OF THE RESULTS OF THE MEASUREMENTS ;   WHEREAS CERTAIN NATURAL CIRCUMSTANCES ARE BEYOND THE CONTROL OF THE MEMBER STATES AND IT IS THEREFORE NECESSARY TO PROVIDE FOR THE POSSIBILITY OF DEROGATING FROM THIS DIRECTIVE IN CERTAIN CASES ;   WHEREAS TECHNICAL AND SCIENTIFIC PROGRESS MAY MAKE NECESSARY THE RAPID ADAPTATION OF SOME OF THE REQUIREMENTS LAID DOWN IN THE ANNEXES ; WHEREAS , IN ORDER TO FACILITATE THE INTRODUCTION OF THE MEASURES REQUIRED FOR THIS PURPOSE , A PROCEDURE SHOULD BE LAID DOWN ESTABLISHING CLOSE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION ; WHEREAS SUCH COOPERATION SHOULD TAKE PLACE IN THE COMMITTEE ON ADAPTATION TO TECHNICAL AND SCIENTIFIC PROGRESS SET UP BY ARTICLE 13 OF THE COUNCIL DIRECTIVE 78/659/EEC OF 18 JULY 1978 ON THE QUALITY OF FRESH WATERS NEEDING PROTECTION OR IMPROVEMENT IN ORDER TO SUPPORT FISH LIFE ( 6 );   WHEREAS THIS DIRECTIVE CANNOT , BY ITSELF , ENSURE PROTECTION OF CONSUMERS OF SHELLFISH PRODUCTS ; WHEREAS PROPOSALS TO THIS END SHOULD THEREFORE BE SUBMITTED BY THE COMMISSION AS SOON AS POSSIBLE ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   THIS DIRECTIVE CONCERNS THE QUALITY OF SHELLFISH WATERS AND APPLIES TO THOSE COASTAL AND BRACKISH WATERS DESIGNATED BY THE MEMBER STATES AS NEEDING PROTECTION OR IMPROVEMENT IN ORDER TO SUPPORT SHELLFISH ( BIVALVE AND GASTEROPOD MOLLUSCS ) LIFE AND GROWTH AND THUS TO CONTRIBUTE TO THE HIGH QUALITY OF SHELLFISH PRODUCTS DIRECTLY EDIBLE BY MAN .   ARTICLE 2   THE PARAMETERS APPLICABLE TO THE WATERS DESIGNATED BY THE MEMBER STATES ARE LISTED IN THE ANNEX .   ARTICLE 3   1 .  MEMBER STATES SHALL , FOR THE DESIGNATED WATERS , SET VALUES FOR THE PARAMETERS LISTED IN THE ANNEX , IN SO FAR AS VALUES ARE GIVEN IN COLUMN G OR IN COLUMN I . THEY SHALL COMPLY WITH THE COMMENTS CONTAINED IN BOTH COLUMNS .   2 .  MEMBER STATES SHALL NOT SET VALUES LESS STRINGENT THAN THOSE GIVEN IN COLUMN I OF THE ANNEX AND SHALL ENDEAVOUR TO OBSERVE THE VALUES IN COLUMN G , WHILE TAKING INTO ACCOUNT THE PRINCIPLE SET OUT IN ARTICLE 8 .   3 .  FOR DISCHARGES OF EFFLUENTS FALLING WITHIN PARAMETERS  ' ORGANOHALOGENATED SUBSTANCES '  AND ' METALS ' , THE EMISSION STANDARDS LAID DOWN BY THE MEMBER STATES PURSUANT TO COUNCIL DIRECTIVE 76/464/EEC OF 4 MAY 1976 ON POLLUTION CAUSED BY CERTAIN DANGEROUS SUBSTANCES DISCHARGED INTO THE AQUATIC ENVIRONMENT OF THE COMMUNITY ( 1 ) SHALL BE APPLIED AT THE SAME TIME AS THE QUALITY OBJECTIVES AND THE OTHER OBLIGATIONS ARISING FROM THIS DIRECTIVE , IN PARTICULAR THOSE RELATING TO SAMPLING .   ARTICLE 4   1 .  MEMBER STATES SHALL , INITIALLY WITHIN A TWO-YEAR PERIOD FOLLOWING THE NOTIFICATION OF THIS DIRECTIVE , DESIGNATE SHELLFISH WATERS .   2 .  MEMBER STATES MAY SUBSEQUENTLY MAKE ADDITIONAL DESIGNATIONS .   3 .  MEMBER STATES MAY REVISE THE DESIGNATION OF CERTAIN WATERS OWING IN PARTICULAR TO FACTORS UNFORESEEN AT THE TIME OF DESIGNATION , TAKING INTO ACCOUNT THE PRINCIPLE SET OUT IN ARTICLE 8 .   ARTICLE 5   MEMBER STATES SHALL ESTABLISH PROGRAMMES IN ORDER TO REDUCE POLLUTION AND TO ENSURE THAT DESIGNATED WATERS CONFORM , WITHIN SIX YEARS FOLLOWING DESIGNATION IN ACCORDANCE WITH ARTICLE 4 , TO BOTH THE VALUES SET BY THE MEMBER STATES IN ACCORDANCE WITH ARTICLE 3 AND THE COMMENTS CONTAINED IN COLUMNS G AND I OF THE ANNEX .   ARTICLE 6   1 .  FOR THE PURPOSES OF IMPLEMENTING ARTICLE 5 , THE DESIGNATED WATERS SHALL BE DEEMED TO CONFORM TO THE PROVISIONS OF THIS DIRECTIVE IF SAMPLES OF SUCH WATERS , TAKEN AT THE MINIMUM FREQUENCY SPECIFIED IN THE ANNEX , AT THE SAME SAMPLING POINT AND OVER A PERIOD OF 12 MONTHS , SHOW THAT THEY CONFORM TO BOTH THE VALUES SET BY THE MEMBER STATES IN ACCORDANCE WITH ARTICLE 3 AND THE COMMENTS CONTAINED IN COLUMNS G AND I OF THE ANNEX , AS REGARDS :   -  100 % OF THE SAMPLES FOR THE PARAMETERS  ' ORGANOHALOGENATED SUBSTANCES '  AND ' METALS ' ;   -  95 % OF THE SAMPLES FOR THE PARAMETERS ' SALINITY '  AND  ' DISSOLVED OXYGEN ' ;   -  75 % OF THE SAMPLES FOR THE OTHER PARAMETERS LISTED IN THE ANNEX .   IF , IN ACCORDANCE WITH ARTICLE 7 ( 2 ), THE SAMPLING FREQUENCY FOR ALL THE PARAMETERS IN THE ANNEX EXCEPT  ' ORGANOHALOGENATED SUBSTANCES '  AND ' METALS '  IS LOWER THAN THAT INDICATED IN THE ANNEX , THE ABOVEMENTIONED VALUES AND COMMENTS SHALL BE COMPLIED WITH IN THE CASE OF ALL THE SAMPLES .   2 .  INSTANCES IN WHICH THE VALUES SET BY MEMBER STATES IN ACCORDANCE WITH ARTICLE 3 OR THE COMMENTS CONTAINED IN COLUMNS G AND I OF THE ANNEX ARE NOT RESPECTED SHALL NOT BE TAKEN INTO CONSIDERATION IN THE CALCULATION OF THE PERCENTAGES PROVIDED FOR IN PARAGRAPH 1 WHEN IT IS THE RESULT OF A DISASTER .   ARTICLE 7   1 .  THE COMPETENT AUTHORITIES IN THE MEMBER STATES SHALL CARRY OUT SAMPLING OPERATIONS , THE MINIMUM FREQUENCY OF WHICH IS LAID DOWN IN THE ANNEX .   2 .  WHERE THE COMPETENT AUTHORITY RECORDS THAT THE QUALITY OF DESIGNATED WATERS IS APPRECIABLY HIGHER THAN THAT WHICH WOULD RESULT FROM THE APPLICATION OF THE VALUES SET IN ACCORDANCE WITH ARTICLE 3 AND THE COMMENTS CONTAINED IN COLUMNS G AND I OF THE ANNEX , THE FREQUENCY OF THE SAMPLING MAY BE REDUCED . WHERE THERE IS NO POLLUTION AND NO RISK OF DETERIORATION IN THE QUALITY OF THE WATERS , THE COMPETENT AUTHORITY CONCERNED MAY DECIDE THAT NO SAMPLING IS NECESSARY .   3 .  IF SAMPLING SHOWS THAT A VALUE SET IN ACCORDANCE WITH ARTICLE 3 OR A COMMENT CONTAINED IN COLUMNS G OR I OF THE ANNEX IS NOT RESPECTED , THE COMPETENT AUTHORITY SHALL ESTABLISH WHETHER THIS IS THE RESULT OF CHANCE , A NATURAL PHENOMENON OR POLLUTION AND SHALL ADOPT APPROPRIATE MEASURES .   4 .  THE EXACT SAMPLING POINT , THE DISTANCE FROM THIS POINT TO THE NEAREST POINT WHERE POLLUTANTS ARE DISCHARGED AND THE DEPTH AT WHICH THE SAMPLES ARE TO BE TAKEN SHALL BE FIXED BY THE COMPETENT AUTHORITY OF EACH MEMBER STATE ON THE BASIS OF LOCAL ENVIRONMENTAL CONDITIONS IN PARTICULAR .   5 .  THE REFERENCE METHODS OF ANALYSIS TO BE USED FOR CALCULATING THE VALUE OF THE PARAMETERS CONCERNED ARE SET OUT IN THE ANNEX . LABORATORIES WHICH EMPLOY OTHER METHODS SHALL ENSURE THAT THE RESULTS OBTAINED ARE EQUIVALENT OR COMPARABLE TO THOSE SPECIFIED IN THE ANNEX .   ARTICLE 8   IMPLEMENTATION OF THE MEASURES TAKEN PURSUANT TO THIS DIRECTIVE MAY ON NO ACCOUNT LEAD , EITHER DIRECTLY OR INDIRECTLY , TO INCREASED POLLUTION OF COASTAL AND BRACKISH WATERS .   ARTICLE 9   MEMBER STATES MAY AT ANY TIME SET MORE STRINGENT VALUES FOR DESIGNATED WATERS THAN THOSE LAID DOWN IN THIS DIRECTIVE . THEY MAY ALSO LAY DOWN PROVISIONS RELATING TO OTHER PARAMETERS THAN THOSE PROVIDED FOR IN THIS DIRECTIVE .   ARTICLE 10   WHERE A MEMBER STATE CONSIDERS DESIGNATING SHELLFISH WATERS IN THE IMMEDIATE VICINITY OF A FRONTIER WITH ANOTHER MEMBER STATE , THESE STATES SHALL CONSULT EACH OTHER IN ORDER TO DETERMINE THE STRETCHES OF SUCH WATERS TO WHICH THIS DIRECTIVE MIGHT APPLY AND THE CONSEQUENCES TO BE DRAWN FROM THE COMMON QUALITY OBJECTIVES ; THESE CONSEQUENCES SHALL BE DETERMINED , AFTER FORMAL CONSULTATIONS , BY EACH STATE CONCERNED . THE COMMISSION MAY PARTICIPATE IN THESE DELIBERATIONS .   ARTICLE 11   THE MEMBER STATES MAY DEROGATE FROM THIS DIRECTIVE IN THE EVENT OF EXCEPTIONAL WEATHER OR GEOGRAPHICAL CONDITIONS .   ARTICLE 12   SUCH AMENDMENTS AS ARE NECESSARY FOR ADAPTING TO TECHNICAL AND SCIENTIFIC PROGRESS THE G VALUES FOR THE PARAMETERS AND THE METHODS OF ANALYSIS CONTAINED IN THE ANNEX SHALL BE ADOPTED BY THE COMMITTEE SET UP BY ARTICLE 13 OF DIRECTIVE 78/659/EEC IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 THEREOF .   ARTICLE 13   FOR THE PURPOSE OF APPLYING THIS DIRECTIVE , MEMBER STATES SHALL PROVIDE THE COMMISSION WITH INFORMATION CONCERNING :   -  THE WATERS DESIGNATED IN ACCORDANCE WITH ARTICLE 4 ( 1 ) AND ( 2 ), IN SUMMARY FORM ,   -  THE REVISION OF THE DESIGNATION OF CERTAIN WATERS IN ACCORDANCE WITH ARTICLE 4 ( 3 ),   -  THE PROVISIONS LAID DOWN IN ORDER TO ESTABLISH NEW PARAMETERS IN ACCORDANCE WITH ARTICLE 9 .   WHERE A MEMBER STATE APPLIES THE PROVISIONS OF ARTICLE 11 , IT SHALL FORTHWITH NOTIFY THE COMMISSION THEREOF , STATING ITS REASONS AND THE PERIODS ANTICIPATED .   MORE GENERALLY , MEMBER STATES SHALL PROVIDE THE COMMISSION , ON A REASONED REQUEST FROM THE LATTER , WITH ANY INFORMATION NECESSARY FOR THE APPLICATION OF THIS DIRECTIVE .   ARTICLE 14   1 .  MEMBER STATES SHALL , SIX YEARS FOLLOWING THE INITIAL DESIGNATION IN ACCORDANCE WITH ARTICLE 4 ( 1 ), AND AT REGULAR INTERVALS THEREAFTER , SUBMIT A DETAILED REPORT TO THE COMMISSION ON DESIGNATED WATERS AND THE BASIC FEATURES THEREOF .   2 .  THE COMMISSION SHALL , WITH THE PRIOR CONSENT OF THE MEMBER STATE , PUBLISH THE INFORMATION OBTAINED .   ARTICLE 15   1 .  MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE WITHIN TWO YEARS OF ITS NOTIFICATION . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .   2 .  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 .   ARTICLE 16   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT LUXEMBOURG , 30 OCTOBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   M . O ' KENNEDY ****   ANNEX    QUALITY OF SHELLFISH WATERS    //   //  //  PARAMETER //  G //  I //  REFERENCE METHODS OF ANALYSIS //  MINIMUM SAMPLING AND MEASURING FREQUENCY //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  //  // ****   1 .   2 .   3 .   4 .   5 .   6 .   7 .   8 .   9 .   10 .   11 .   12 .   PH   PH UNIT   TEMPERATURE  * C   COLORATION ( AFTER FILTRATION ) MG PT/L   SUSPENDED SOLIDS MG/L   SALINITY  PRO MILLE   DISSOLVED OXYGEN   SATURATION %   PETROLEUM HYDROCARBONS   ORGANOHALOGENATED SUBSTANCES  //  METALS // SILVER //  AG // ARSENIC //  AS // CADMIUM //  CD // CHROMIUM //  CR // COPPER //  CU // MERCURY //  HG // NICKEL //  NI // LEAD //  PB // ZINC //  ZN // MG/L //   FAECAL   COLIFORMS/100 ML   SUBSTANCES   AFFECTING THE TASTE OF THE SHELLFISH   SAXITOXIN  ( PRODUCED BY   DINOFLAGELLATES )   A DISCHARGE AFFECTING SHELLFISH WATERS MUST NOT CAUSE THE TEMPERATURE OF THE WATERS TO EXCEED BY MORE THAN 2  * C THE TEMPERATURE OF WATERS NOT SO AFFECTED   12 TO 38  PRO MILLE   *  80 %   THE CONCENTRATION OF EACH SUBSTANCE IN SHELLFISH FLESH MUST BE SO LIMITED THAT IT CONTRIBUTES , IN ACCORDANCE WITH ARTICLE 1 , TO THE HIGH QUALITY OF SHELLFISH PRODUCTS   THE CONCENTRATION OF EACH SUBSTANCE IN SHELLFISH FLESH MUST BE SO LIMITED THAT IT CONTRIBUTES IN ACCORDANCE WITH ARTICLE 1 , TO THE HIGH QUALITY OF SHELLFISH PRODUCTS   *  300 IN THE SHELLFISH FLESH AND INTERVALVULAR LIQUID ( 1 )   7  -  9   A DISCHARGE AFFECTING SHELLFISH WATERS MUST NOT CAUSE THE COLOUR OF THE WATERS AFTER FILTRATION TO DEVIATE BY MORE THAN 10 MG PT/L FROM THE COLOUR OF WATERS NOT SO AFFECTED   A DISCHARGE AFFECTING SHELLFISH WATERS MUST NOT CAUSE THE SUSPENDED SOLID CONTENT OF THE WATERS TO EXCEED BY MORE THAN 30 % THE CONTENT OF WATERS NOT SO AFFECTED   -   *  40  PRO MILLE   -  DISCHARGE AFFECTING SHELLFISH WATERS MUST NOT CAUSE THEIR SALINITY TO EXCEED BY MORE THAN 10 % THE SALINITY OF WATERS NOT SO AFFECTED   -   *  70 % ( AVERAGE VALUE )   -  SHOULD AN INDIVIDUAL MEASUREMENT INDICATE A VALUE LOWER THAN 70 % , MEASUREMENTS SHALL BE REPEATED   -  AN INDIVIDUAL MEASUREMENT MAY NOT INDICATE A VALUE OF LESS THAN 60 % UNLESS THERE ARE NO HARMFUL CONSEQUENCES FOR THE DEVELOPMENT OF SHELLFISH COLONIES   HYDROCARBONS MUST NOT BE PRESENT IN THE SHELLFISH WATER IN SUCH QUANTITIES AS TO :   -  PRODUCE A VISIBLE FILM ON THE SURFACE OF THE WATER AND/OR A DEPOSIT ON THE SHELLFISH ,   -  HAVE HARMFUL EFFECTS ON THE SHELLFISH   THE CONCENTRATION OF EACH SUBSTANCE IN THE SHELLFISH WATER OR IN SHELLFISH FLESH MUST NOT REACH OR EXCEED A LEVEL WHICH HAS HARMFUL EFFECTS ON THE SHELLFISH AND LARVAE   THE CONCENTRATION OF EACH SUBSTANCE IN THE SHELLFISH WATER OR IN THE SHELLFISH FLESH MUST NOT EXCEED A LEVEL WHICH GIVES RISE TO HARMFUL EFFECTS ON THE SHELLFISH AND THEIR LARVAE   THE SYNERGIC EFFECTS OF THESE METALS MUST BE TAKEN INTO CONSIDERATION   CONCENTRATION LOWER THAN THAT LIABLE TO IMPAIR THE TASTE OF THE SHELLFISH   -  ELECTROMETRY   MEASURED IN SITU AT THE TIME OF SAMPLING   -  THERMOMETRY   MEASURED IN SITU AT THE TIME OF SAMPLING   -  FILTER THROUGH A 0.45 TEM MEMBRANE   PHOTOMETRIC METHOD , USING THE PLATINUM/COBALT SCALE   -  FILTRATION THROUGH A 0.45 TRM MEMBRANE , DRYING AT 105  * C AND WEIGHING   -  CENTRIFUGING ( FOR AT LEAST FIVE MINUTES , WITH MEAN ACCELERATION 2 800 TO 3 200 G ), DRYING AT 105  * C AND WEIGHING   CONDUCTIMETRY   -  WINKLER ' S METHOD   -  ELECTROCHEMICAL METHOD   VISUAL EXAMINATION   GAS CHROMATOGRAPHY AFTER EXTRACTION WITH SUITABLE SOLVENTS AND PURIFICATION   SPECTROMETRY OF ATOMIC ABSORPTION PRECEDED , WHERE APPROPRIATE , BY CONCENTRATION AND/OR EXTRACTION   METHOD OF DILUTION WITH FERMENTATION IN LIQUID SUBSTRATES IN AT LEAST THREE TUBES IN THREE DILUTIONS . SUBCULTURING OF THE POSITIVE TUBES ON A CONFIRMATION MEDIUM . COUNT ACCORDING TO MPN ( MOST PROBABLE NUMBER ). INCUBATION TEMPERATURE 44  * C  MORE OR LESS  0.5  * C   EXAMINATION OF THE SHELLFISH BY TASTING WHERE THE PRESENCE OF ONE OF THESE SUBSTANCES IS PRESUMED   QUARTERLY   QUARTERLY   QUARTERLY   QUARTERLY   MONTHLY   MONTHLY , WITH A MINIMUM OF ONE SAMPLE REPRESENTATIVE OF LOW OXYGEN CONDITIONS ON THE DAY OF SAMPLING . HOWEVER , WHERE MAJOR DAILY VARIATIONS ARE SUSPECTED , A MINIMUM OF TWO SAMPLES IN ONE DAY SHALL BE TAKEN   QUARTERLY   HALF-YEARLY   HALF-YEARLY   QUARTERLY        ABBREVIATIONS :   G À GUIDE   I À MANDATORY  ( 1 ) HOWEVER , PENDING THE ADOPTION OF A DIRECTIVE ON THE PROTECTION OF CONSUMERS OF SHELLFISH PRODUCTS , IT IS ESSENTIAL THAT THIS VALUE BE OBSERVED IN WATERS IN WHICH LIVE SHELLFISH DIRECTLY EDIBLE BY MAN .