Avis juridique important

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31995L0069

Council Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC

Official Journal L 332 , 30/12/1995 P. 0015 - 0032

COUNCIL DIRECTIVE 95/69/ECof 22 December 1995laying down the conditions and arrangements for  approving and registering certain establishments and intermediaries operating in the animal feed  sector and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EECTHE  COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), 1. Whereas Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs  (4), lays down the minimum conditions to be met by manufacturers of certain additives, premixtures  and compound feedingstuffs containing such additives; 2. Whereas these rules restrict the manufacture or use of certain categories of additives,  premixtures and compound feedingstuffs containing such additives and premixtures to those  manufacturers who are included on a national list; 3. Whereas individuals holding goods covered by this Directive for the sole purposes of their trade  promotion or their transport are not regarded as being intermediaries as defined in this  Directive; 4. Whereas with the operation of the internal market in mind, some optional provisions which still  allow the Member States to derogate from the Community provisions applying to the sector in  question should be abolished and the criteria for approving or registering manufacturers or  intermediaries should be specified so as to avoid distortions of competition caused by the  MemberStates' different ways of applying and interpreting pre-existing approval conditions and to  forestall any potentially adverse effects on animals, humans or the environment, given the risks  inherent in using certain additives; 5. Whereas, to forestall certain particularly undesirable substances occurring in feedingstuffs,  Council Directive 74/63/EEC of 17 December 1973 on undesirable substances and products in animal  nutrition (5), aims to limit their presence in raw materials to an acceptable level; whereas these  rules also restrict the use of those raw materials to those persons who have the necessary  qualifications, facilities and equipment for the dilution operations which ensure that the maximum  levels laid down in the Directive as regards the various types of compound feedingstuffs are  complied with; 6. Whereas establishments producing certain substances listed in Council Directive 82/471/EEC of 30  June 1982 concerning certain products used in animal nutrition (6), should also be subject to  approval, as should intermediaries; 7. Whereas, with a view to ensuring the quality of the product and preventing the occurrence of  residues of certain additives in animal products or of high levels of certain undesirable  substances which might result from defective manufacture, all manufacturers of additives,  premixtures, compound feedingstuffs and certain products covered by Directive 82/471/EEC, and  intermediaries should be approved or registered on the basis of standard, specific criteria; 8. Whereas the level of requirements for the exercise of activities laid down in this Directive  must be in proportion to the risks involved in the manufacture or use by establishments of  additives and premixtures listed in Directive 70/524/EEC,products covered by Directive 82/471/EEC  or raw materials containing undesirable substances or products listed in Directive 74/63/EEC; 9. Whereas establishments which intend to manufacture or use products deemed sensitive under the  Directive must receive prior approval on the basis of very strict conditions that should safeguard  animals, humans and the environment, whereas, however, in exceptional cases Member States may  decide not to approve a specific category of establishment, provided such measures do not hinder  the free movement of agricultural products in the territory of the Member States; whereas,  conversely, for establishments using less sensitive products, mere registration based on an  undertaking by the establishment to comply with a number of conditions will suffice; whereas this  distinction must also apply to intermediaries which wrap, package, store or put into circulation  additives, premixtures of additives or products covered by Directive 82/471/EEC; 10. Whereas, on grounds of equal treatment, the fundamental principles of these new rules must  apply both to establishments which put products into circulation and to manufacturers/stock farmers  who manufacture feedingstuffs solely for the requirements of their own farms, without any  distinction; whereas, nonetheless, some relief should be allowed the latter on account of the  particular circumstances in which they exercise their activity; 11. Whereas provision should be made for amending or withdrawing approval if an establishment  changes or ceases its activities or if it no longer fulfils one of the essential conditions  applicable to its activity; whereas the same rules should apply, mutatis mutandis, to  registration; 12. Whereas Member States may be entitled to levy fees for granting approval; whereas the levels of  such fees should subsequently be harmonized in order to obviate distortion of competition; whereas  such harmonization will fall within the general framework of future Community rules on fees or  charges to be levied in the animal feed sector; 13. Whereas it is necessary to give the Commission the task of adopting detailed rules for the  application of this Directive, including the conditions for approval and registration of  establishments in third countries; 14. Whereas, should the Council confer on the Commission responsibility for implementing the rules  laid down on the conditions and arrangements for approving and registering the establishments in  question, provision should be made for close cooperation between the Member States and the  Commission within the Standing Committee for Feedingstuffs established by Decision 70/372/EEC (1); 15. Whereas to ensure greater transparency the conditions and arrangements relating to the approval  and registration of establishments in the animal feed sector should be brought together in a single  text; whereas this entails adapting existing legislation; 16. Whereas the requirement for manufacturers to be approved or registered will make it possible  for Member States to check on manufacturers and intervene, if necessary, where substances are being  used illegally, in particular where prohibited substances such as hormones or beta-agonists are in  use; whereas Member States have a duty to check beforehand that establishments requiring approval  actually meet the minimum conditions which the Directive lays down for exercise of the relevant  activity; whereas national supervisory authorities must also ensure subsequently, by means of  appropriate checks, that approved or registered establishments and intermediaries are indeed  complying with the conditions imposed upon them; whereas these provisions must apply without  prejudice to Community rules governing the organization of official checks on animal feed; 17. Whereas it is necessary to adopt these measures at Community level in order better to achieve  the objectives of guaranteeing the quality and safety of feedingstuffs, HAS ADOPTED THIS DIRECTIVE: CHAPTER I SCOPE AND DEFINITIONS Article 1 1. This Directive lays down the  conditions and arrangements applicable to certain categories of establishments and intermediaries  in the animal feed sector to allow them to exercise the activities described in Articles 2 and 7  and Articles 3 and 8 respectively. 2. This Directive shall apply without prejudice to the Community provisions concerning the  organization of official checks on animal feed. 3. For the purposes of this Directive: (a) 'putting into circulation' means holding products for the purposes of sale, including offering  for sale, or for the purposes of any other form of transfer, whether or not free of charge, to  third parties, and the sale and other forms of transfer themselves; (b) 'establishment' means any unit producing or manufacturing additives, premixtures prepared from  additives, compound feedingstuffs or products covered by Directive 82/471/EEC and referred to in  Chapter I.1 (a) of the Annex to this Directive; (c) 'intermediary' means any person other than the manufacturer or the person producing for the  exclusive requirements of his holding, compound feedingstuffs, who holds additives, premixtures  prepared from additives, or one of the products covered by Directive 82/471/EEC and referred to in  Chapter I.1 (a) of the Annex to this Directive at an intermediate stage between production and  use. 4. The definitions laid down in Community legislation on animal feed shall apply where necessary. CHAPTER II APPROVAL OF ESTABLISHMENTS AND INTERMEDIARIES Article 2 Approval of  establishments1. An establishment wishing to exercise one or more of the activities referred to in  paragraph 2 must receive approval for each of its activities. A Member State may decide not to  approve establishments referred to in paragraph 2 (f). 2. To be approved by the competent authorities an establishment: (a) manufacturing additives or products covered by Directive 82/471/EEC and referred to in Chapter  I.1 (a) of the Annex to this Directive with a view to putting them into circulation, must meet the  minimum conditions laid down in Chapter I.1 (b) of the said Annex 1; (b) manufacturing premixtures prepared from additives referred to in Chapter I.2 (a) of the Annex,  with a view to putting them into circulation, must meet the minimum conditions laid down in Chapter  I.2 (b) of the said Annex; (c) manufacturing compound feedingstuffs containing premixtures prepared from additives referred to  in Chapter I.3 (a) of the Annex, with a view to putting them into circulation, must meet the  minimum conditions laid down in Chapter I.3 (b) of the Annex; (d) manufacturing compound feedingstuffs, with a view to putting them into circulation, from raw  materials referred to in Article 3a (2) of Directive 74/63/EEC which contain high levels of  undesirable substances or products, must meet the minimum conditions laid down in Chapter I.4 of  the Annex to this Directive; (e) producing, for the exclusive requirements of its holding, compound feedingstuffs containing  premixtures which include additives referred to in Chapter I.3 (a) of the Annex must meet the  minimum conditions laid down in Chapter I.3 (b) of the Annex, with the exception of the  requirements set out in point 7; (f) producing, for the exclusive requirements of its holding, compound feedingstuffs which contain  raw materials referred to in Article 3a (2) of Directive 74/63/EEC containing high levels of  undesirable substances or products, must meet the minimum conditions laid down in Chapter 1.4 of  the Annex to this Directive, with the exception of the requirements set out in point 7. 3. Approval shall be: - withdrawn if an establishment ceases its activities or if it is shown that it no longer fulfils  an essential condition applicable to its activities and does not comply with that requirement  within a reasonable time, - amended if the establishment has demonstrated its ability to engage in activities which are  additional to those for which it was first approved or which replace them. Article 3 Approval of intermediaries1. Where additives, products covered by Directive 82/471/EEC  or premixtures of additives referred to in Chapters I.1 (a) and I.2 (a) of the Annex respectively  are put into circulation, intermediaries must be approved. The provisions laid down in point 7 of Chapter I.1 8 (b) or Chapter I.2 (b) of the Annex shall  apply, as appropriate, to intermediaries which wrap, package, store or put into circulation  additives, premixtures of additives or products covered by Directive 82/471/EEC. 2. Approval shall be: - withdrawn if an intermediary ceases its activities or if it is shown that it no longer fulfils an  essential condition applicable to its activities and does not comply with that requirement within a  reasonable time; - amended if the intermediary has demonstrated its ability to engage in activities which are  additional to those for which it was first approved or which replace them. Article 4 Approval procedure for establishments and intermediaries1. To obtain approval,  establishments referred to in Article 2 and intermediaries referred to in Article 3 which intend to  exercise for the first time one or more of the activities referred to in Article 2 and 3 shall, as  from 1 April 1998 submit an application to the competent authority of the Member State in which  their facilities are located. Member States shall ensure that a decision is taken on applications for approval mentioned in the  first subparagraph within six months of their submission. 2. Establishments and intermediaries which, on 1 April 1998, were exercising one or more of the  activities referred to in Articles 2 and 3 respectively, may continue their activities until a  decision has been taken on their application for approval, on condition that they submit the  application before 1 September 1998. Member States shall act on applications for approval from he establishments and intermediaries  referred to in the first paragraph before 1 April 2001. Article 5 Register of approved establishments and intermediaries1. For each activity, the  competent authority shall enter the establishments and intermediaries it has approved in accordance  with Articles 2 and 3 in a register under an individual approval number which identifies them, once  it has established by means of on-the-spot verification that they satisfy the conditions laid down  by this Directive. In respect of intermediaries who act solely as dealers without ever holding the product in their  facilities, Member States need not carry out on-the-sport verification of compliance with the  conditions under point 7 of Chapters I.1 (b) or I.2 (b) of the Annex, providing that those  intermediaries lodge with the competent authority a declaration to the effect that they meet the  requirements laid down under point 6.2 in the Annex for the exercise of their activity. 2. Member States shall update the entries of establishments and intermediaries in the register in  accordance with the decisions referred to in Article 2 (3) and Article 3 (2) to withdraw or amend  approval. Article 6 Publication and communication of the list of approved establishments and  intermediaries1. Each Member State shall publish a list of the establishments and intermediaries  approved in accordance with Articles 2 and 3 for the first time in November 2001, and then each  year, by 30 November at the latest, the list of amendments made during the year; every five years,  it shall publish a consolidated list. 2. Before 31 December each year, Member States shall send the Commission the list referred to in  paragraph 1. Before 31 December each year, Member States shall send the other Member States a list of the  establishments referred to in Article 2 (2) (a) and (b) and of the intermediaries approved in  accordance with Article 3 (1). Upon request, Member States shall send the other Member States all or part of the list of  establishments referred to in Article 2 (2) (c) to (f). CHAPTER III REGISTRATION OF ESTABLISHMENTS AND INTERMEDIARIES Article 7 Registration of  establishments1. An establishment wishing to exercise one or more of the activities referred to in  paragraph 2 must be registered by a Member State for each activity in accordance with this  Directive. 2. In order to be registered by the competent authorities an establishment: (a) manufacturing additives for which a prescribed maximum level is set and which are not included  in Chapter I.1 (a) of the Annex, with a view to putting them into circulation, must meet the  minimum conditions laid down in Chapter II (c) of the Annex; (b) manufacturing premixtures containing additives referred to in Chapter II (a) of the Annex, with  a view to putting them into circulation, must meet the minimum conditions laid down in Chapter II  (c) of the Annex; (c) manufacturing compound feedingstuffs containing premixtures of additives referred to in Chapter  II (b) of the Annex or additives referred to in Chapter II (a) of the Annex with a view to putting  them into circulation, must met the minimum conditions laid down in Chapter II (c) of the Annex; (d) manufacturing, for the exclusive requirements of its holding, compound feedingstuffs containing  premixtures of additives referred to in Chapter II (b) of the Annex or containing additives  referred to in Chapter II (a) of the Annex, must met the minimum conditions laid down in Chapter II  (c) of the Annex. 3. Approved establishments exercising the corresponding activities referred to in Article 2 (2)  (a), (b), (c) and (e) shall be regarded as satisfying de facto the conditions laid down in  paragraph 2 (a), (b), (c) and (d). 4. Registration shall be: - withdrawn if an establishment ceases its activities or if it is shown that it no longer fulfils  an essential condition applicable to its activities and does not comply with that requirement  within a reasonable time, - amended if the establishment declares that it is engaged in activities which are additional to  those for which it was first registered or which replace them. Article 8 Registration of intermediaries1. Where additives for which a prescribed maximum level  is set other than those referred to in Chapter I.1 (a) of the Annex or premixtures of additives  referred to in Chapter II (a) of the Annex are put into circulation, intermediaries must be  registered. The provisions laid down in point 7 of Chapter II (c) of the Annex shall apply, as appropriate, to  intermediaries which wrap, package, store or put into circulation additives or premixtures of  additives. 2. Intermediaries approved in accordance with Article 3 shall be regarded as meeting de facto the  conditions laid down in paragraph 1. 3. Registration shall be: - withdrawn if an intermediary ceases its activities or if it is shown that it no longer fulfils an  essential condition applicable to its activities and does not comply with that requirement within a  reasonable time, - amended if the intermediary has declared that it is engaged in activities which are additional to  those for which it was first registered or which replace them. Article 9 Registration procedure for establishments and intermediaries1. In order to be  registered, the establishments referred to in Article 7 (2) and the intermediaries referred to in  Article 8 (1) shall, as from 1 April 1998, submit a declaration to the competent authority of the  Member State in which they intend to exercise their activities. 2. Establishments and intermediaries which, on 1 April 1998, were exercising one or more of the  activities referred to in Articles 7 and 8 respectively, may continue their activities on condition  that they submitted the declaration referred to in paragraph 1 by 1 September 1998. Article 10 List of registered establishments and intermediaries1. For each activity, the  competent authority shall enter the establishments and intermediaries which it has registered in  accordance with Articles 7 and 8 on a list under an individual registration number which identifies  them. 2. Member States shall update the entries of establishments and intermediaries on the list in  accordance with the decisions referred to in Articles 7 (4) and 8 (3) to withdraw or amend  registration. Article 11 Communication of the list of registered establishments and intermediaries1. Before 31  December each year, Member States shall send the Commission the list of establishments and  intermediaries registered during the year in accordance with Articles 7 and 8 and, every five  years, they shall send a consolidated list. 2. Upon request, Member States shall send to the other Member States all or part of the lists  referred to in paragraph 1. CHAPTER IV COMMON PROVISIONS Article 12 Simplified procedureWhere an establishment  manufacturing an additive is already authorized to manufacture the same active substance as a  veterinary medicinal product within the meaning of Article 24 of Directive 81/851/EEC (1), Member  States shall not be obliged to verify that the conditions laid down in Article 2 (2) (a) and  contained in Chapter I.1 (b) of the Annex to this Directive have been fulfilled, with the exception  of the requirements set out in points 4, 5, 6.2 and 7. Article 13 ChecksMember States shall ensure, by means of appropriate checks carried out in  establishments and at the premises of intermediaries which they have approved or registered, that  the requirements imposed by this Directive are met. Article 14 FeesThe Council, acting by a qualified majority on a proposal from the Commission,  shall, before 1 April 1998, adopt the amounts of the fees to be charged for the approval of  establishments and their intermediaries. Article 15 Detailed arrangements, amendment of the Annex and imports from non-member  countriesThe following shall be adopted in accordance with the procedure laid down in Article 16: (a) before 1 April 1998, practical arrangements for the approval pursuant to Article 2 and  registration pursuant to Article 7 of establishments located in a non-member country and putting  additives, premixtures, products covered by Directive 82/471/EEC as referred to in Chapter 1.1 (a)  of the Annex to this Directive or feedingstuffs into circulation within the Community, so that  safeguards are provided equivalent to those supplied by establishments located in the Community. These arrangements shall comprise: - establishment and updating of a list of non-member countries able to provide safeguards  equivalent to those offered by the Member States in respect of their own establishments and able to  perform the checks referred to in Article 13, - establishment and updating of a list of establishments which have been found by the non-member  countries on the list referred to in the first indent to fulfil the conditions laid down in this  Directive, - the possibility that experts from the Commission and the Member States may carry out on-the-spot  checks if necessary. Such checks shall be performed on behalf of the Community, which will bear the  relevant expenses; (b) measures for implementing this Directive, in particular the form of the register and approval  numbers; (c) the amendments to be made to the Annexes. Article 16 Standing Committee for FeedingstuffsThe Commission shall be assisted by the Standing  Committee for Feedingstuffs established by Decision 70/372/EEC, hereinafter referred to as 'the  Committee'. The representative of the Commission shall submit to the Committee a draft of the measures to be  taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman  may lay down according to the urgency of the matter. The opinion shall be delivered by the majority  laid down in Article 148 (2) of the Treaty in the case of Decisions which the Council is required  to adopt on a proposal from the Commission. The votes of the representatives of the Member States  within the Committee shall be weighted in the manner set out in that Article. The Chairman shall  not vote. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the  Committee. If the measures envisaged are not in accordance with the opinion of the Committee, or if  no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal  relating to the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period of three months from the date of referral to the Council, the Council  has not acted, the proposed measures shall be adopted by the Commission, save where the Council has  decided against the said measures by a simple majority. CHAPTER V ADAPTATION OF LEGISLATION Article 17 Amendment of Directive 70/524/EECArticle 13 (1)  of Directive 70/524/EEC shall be replaced by the following: 'Article 131. Member States shall require that additives covered by this Directive, premixtures  prepared from these additives with a view to their being incorporated in compound feedingstuffs and  compound feedingstuffs containing these premixtures may be put into circulation or used only by the  establishments or intermediaries which meet the conditions laid down, as appropriate, in Council  Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving  and registering certain establishments and intermediaries operating in the animal feed sector (*). (*) OJ No L 332, 30. 12. 1995, p. 15.'Article 18 Amendment of Directive 74/63/EECPoint (a) of  Article 3a (2) of Directive 74/63/EEC shall be replaces by the following: '(a) it is intended for use by establishments which meet the conditions of Council Directive  95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and  registering certain establishments and intermediaries operating in the animal feed sector (*). (*) OJ No L 332, 30. 12. 1995, p. 15.'Article 19 Amendment of Directive 79/373/EECIn Council  Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs (1), the following  subparagraph shall be added to Article 5 (1): '(k) the approval number allocated to the establishment in accordance with Article 5 of Council  Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving  and registering certain establishments and intermediaries operating in the animal feed sector (*). (*) OJ No L 332, 30. 12. 1995, p. 15.'Article 20 Amendment of Directive 82/471/EECDirective  82/471/EEC is hereby amended as follows: (1) The following paragraph shall be added to Article 3: '3. Member States shall require that products referred to in Chapter I.1 (a) of Council Directive  95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and  registering certain establishments and intermediaries operating in the animal feed sector (*) may  be put into circulation only by establishments or intermediaries which meet the conditions laid  down in Article 2 or Article 3 of that Directive, as appropriate. (*) OJ No L 332, 30. 12. 1995, p. 15.'(2) In the Annex, for the products referred to in Chapter  I.1 (a) of this Directive, in column 7 ('special provisions'), the terms 'approval number' shall be  added as a final indent to the details to be given on the packaging of the product, on the  container or on a label affixed thereto. CHAPTER VI FINAL PROVISIONS Article 21 1. Member States shall adopt, not later than 1 April  1998 the laws, regulations and administrative provisions necessary to comply with this Directive.  They shall forthwith inform the Commission thereof. The measures adopted shall be applicable as  from 1 April 1998. When Member States adopt these measures, they shall contain a reference to this Directive or shall  be accompanied by such reference on the occasion of their official publication. The methods of  making such reference shall be laid down by the Member States. 2. Member States shall communicate to the Commission the text of the main provisions of domestic  law which they adopt in the field governed by this Directive. Article 22 Thise Directive shall enter into force on the 20th day following that of its  publication in the Official Journal of the European Communities. Artikel 23 This Directive is addressed to the Member States. Done at Brussels, 22 December 1995. For the CouncilThe PresidentL. ATIENZA SERNA(1) OJ No C 348, 28. 12. 1983,  p. 18. (2) OJ No C 91, 28. 3. 1994, p. 296. (3) OJ No C 148, 30. 5. 1994, p. 21. (4) OJ No L 270, 14. 12. 1970, p. 1. Directive as last amended by Commission Directive 95/37/EC (OJ  No L 172 an 22. 7. 1995, p. 21). (5) OJ No L 38, 11. 2. 1974, p. 31. Directive as last amended by Commission Directive 94/16/EC (OJ  No L 104, 23. 4. 1994, p. 32). (6) OJ No L 213, 21. 7. 1982, p. 8. Directive as last amended by Commission Directive 95/33/EC (OJ  No L 167, 18. 7. 1995, p. 17). (1) OJ No L 170, 3. 8. 1970, p. 1. (1) OJ No L 317, 6. 11. 1981, p. 16. Directive as last amended by Commission Directive 93/40/EEC  (OJ No L 214, 24. 8. 1993, p. 31). (1) OJ No L 86, 6. 4. 1979, p. 30. Directive as last amended by Directive 93/74/EEC (OJ No L 237,  22. 9. 1993, p. 23).  ANNEX CHAPTER I Minimum conditions which must be fulfilled by establishments and  intermediaries referred to in Articles 2 and 3 (subject to approval) CHAPTER I.1. (a)  Additives and products covered by Directive 82/471/EEC ('products') and referred to in Article 2  (2) (a) and Article 3 (1) of this DirectiveAdditives>TABLE>Products covered by  Directive 82/471/EEC>TABLE>CHAPTER I.1. (b) Minimum conditions which  must be fulfilled by establishments referred to in Article 2 (2) (a) and intermediaries referred to  in Article 3 (1) ('products' referred to in Chapter I.1(a))1. Facilities and equipmentFacilities  and manufacturing equipment must be located, designed, constructed and maintained to suit the  manufacture of the 'products' concerned. The lay-out, design and operation of the facilities and  equipment must be such as to minimize the risk of error and permit effective cleaning and  maintenance in order to avoid contamination, cross-contamination and any adverse effects generally  on the quality of the products. Facilities and equipment to be used for manufacturing operations  which are essential for the quality of the products must undergo appropriate and regular checks, in  accordance with written procedures pre-established by the manufacturer for production of the  products. 2. PersonnelThe manufacturer must have sufficient staff possessing the skills and qualifications  necessary for the manufacture of the 'products' concerned. An organizational chart setting out the  qualifications (diplomas, professional experience) and responsibilities of the supervisory staff  must be drawn up and made available to the competent authorities of the supervisory staff must be  drawn up and made available to the competent authorities responsible for inspection. All the staff  must be informed clearly in writing of their duties, responsibilities and powers, especially when  any change is made, in such a way as to obtain the desired quality of the 'products' concerned. 3. ProductionA qualified person responsible for production must be designated. The manufacturer must ensure that the different stages of production are carried out according to  pre-established written procedures and instructions aimed at defining, checking and mastering the  critical points in the manufacturing process. Technical or organizational measures must be taken to avoid cross-contamination and errors. There  must be sufficient and appropriate means of carrying out checks in the course of manufacture. 4. Quality controlA qualified person responsible for quality control must be designated. The manufacturer must have access to a quality control laboratory having adequate staff and  equipment to guarantee and check, before the release of the 'products' concerned with a view to  putting them into circulation, that they comply with the specifications defined by the manufacturer  and are in conformity with the provisions laid down in Directive 70/524/EEC or Directive  82/741/EEC. The use of an outside laboratory is permitted. A quality control plan must be drawn up in writing and implemented, to include, in particular,  checks on the critical points in the manufacturing process, sampling procedures and frequencies,  methods of analysis and their frequency, compliance with the specifications - and the destination  in the event of non-compliance - of raw materials, active substances, carrier substances and  'products'. Samples of the active substance and of each batch of 'product' put into circulation or of each  specific portion of production in the case of continuous production must be taken in sufficient  quantity by a procedure pre-established by the manufacturer and be retained in order to ensure  traceability. The samples must be sealed and labelled for ease of identification; they must be  stored under conditions which prevent any abnormal change in the composition of the sample or any  abnormal adulteration. They must be kept at the disposal of the competent authorities at least  until the guarantee date of the finished product. 5. StorageRaw materials, active substances, carrier substances, 'products' which meet the  specifications - and those which do not - must be stored in suitable containers in places designed,  adapted and maintained in order to ensure good storage conditions, to which only persons authorized  by the manufacturer have access. They must be stored in such a way as to be easily identifiable and to avoid any confusion or  cross-contamination between the different products mentioned above and with medicinal substances.  Additives must be packaged and labelled in particular in compliance with the provisions laid down  in Directive 70/524/EEC. Products covered by Directive 82/471/EEC must be labelled in compliance  with the provisions of that Directive. 6. Documentation6.1. Documentation relating to the manufacturing process and controlsThe  manufacturer must have a system of documentation designed to define and ensure mastery of the  critical points in the manufacturing process and to establish and implement a quality control plan.  The manufacturer must keep the results of the relevant controls. This set of documents must be kept  so that it is possible to trace the manufacturing history of each batch of 'product' put into  circulation and to establish responsibility if complaints arise. 6.2. RegisterThe manufacturer must record the following information in order to ensure  traceability: (a) register of additives: - the nature and quantity of the additives produced, the respective dates of manufacture and, where  appropriate, the number of the batch or of the specific portion of production in the case of  continuous manufacture, and the names and addresses of the intermediaries or manufacturers to whom  the additives have been delivered,- indication of the nature and quantity of the additives delivered and, where appropriate, the  number of the batch or of the specific portion of production in the case of continuous  manufacture; (b) register of products covered by Directive 82/471/EEC: - the nature of the products and the quantity produced, the respective dates of manufacture and,  where appropriate, the number of the batch or of the specific portion of production in the case of  continuous manufacture, - the names and addresses of the intermediaries or users (manufacturers or stock breeders) to whom  these products have been delivered, together with an indication of the nature and quantity of the  products delivered and, where appropriate, the number of the batch or of the specific portion of  production in the case of continuous manufacture. 7. Intermediaries referred to in Article 3 (1)Where the manufacturer delivers additives to a  person other than a manufacturer or products referred to in Directive 82/471/EEC to a person other  than a user (manufacturer or stock breeder), that person and any subsequent intermediary by whom  they are wrapped, packaged, stored or put into circulation shall be equally bound, as appropriate,  by the obligations laid down in points 4, 5, 6.2 and 8 and, in the case of wrapping, by those  referred to in point 3. 8. Complaints and product recallThe manufacturer or any intermediary putting a product into  circulation under his own name must implement a system for registering and processing complaints. Likewise, he must be in a position to introduce, where this proves necessary, a system for prompt  recall of products in the distribution network. The manufacturer must define by means of written  procedures the destination of any recalled products, and before such products are put back into  circulation they must undergo a quality-control reassessment. CHAPTER I.2. (a) Additives referred to in Article 2 (2) (b) and Article 3 (1)> TABLE POSITION>CHAPTER I.2. (b) Minimum conditions which must be fulfilled by  establishments referred to in Article 2 (2) (b) and intermediaries referred to in Article 3 (1)  (premixtures of additives referred to in Chapter I.2 (a))1. Facilities and equipmentFacilities  and manufacturing equipment must be located, designed, constructed and maintained to suit the  manufacture of the premixtures concerned. The layout, design and operation of the facilities and  equipment must be such as to minimize the risk of error and permit effective cleaning and  maintenance in order to avoid contamination, cross-contamination and any adverse effects generally  on the quality of the products. Facilities and equipment to be used for operations which are  essential for the quality of the products must undergo appropriate and regular checks in accordance  with the written procedures pre-established by the manufacturer. Preventive measures must be taken to avoid. as far as possible, the presence of harmful organisms,  with the introduction of a control plan if necessary. 2. PersonnelThe manufacturer must have sufficient staff possessing the skills and qualifications  necessary for the manufacture of the premixtures concerned. An organizational chart setting out the  qualifications (diplomas, professional experience) and responsibilities of the supervisory staff  must be drawn up and made available to the competent authorities responsible for inspection. All  the staff must be informed clearly in writing of their duties, responsibilities and powers,  especially when any change is made, in such a way as to obtain the desired quality of the  premixtures concerned. 3. ProductionA qualified person responsible for production must be designated. The manufacturer must ensure that the different stages in production are carried out according to  pre-established written procedures and instructions aimed at defining, checking and mastering the  critical points in the manufacturing process, such as in corporation of the additive in the  premixture, chronological order of production, meters and weighing apparatus, mixer and returns, in  such a way as to obtain the desired quality of the premixtures concerned in accordance with the  provisions of Directive 70/524/EEC. Technical or organizational measures must be taken to avoid cross-contamination and errors. 4. Quality controlA qualified person responsible for quality control must be designated. The manufacturer must have access to a quality control laboratory having adequate staff and  equipment to guarantee and check that the premixtures concerned comply with the specifications  defined by the manufacturer and which will guarantee and check, in particular, the nature, content,  homogeneity and stability of the additives in the premixture, and as low a level of  cross-contamination as possible. The use of an outside laboratory is permitted. A quality control plan must be drawn up in writing and implemented, to include, in particular,  checks on the critical points in the manufacturing process, sampling procedures and frequencies,  methods of analysis and their frequency, compliance with the specifications - and destination in  the event of non-compliance - for carrier substances, additives and premixtures ('products'). Samples of each batch of premixture put into circulation must be taken in sufficient quantity by a  procedure pre-established by the manufacturer and be retained in order to ensure traceability.  these samples must be sealed and labelled for ease of identification; they must be stored under  conditions which prevent any abnormal change in the composition of the sample or any abnormal  adulteration. They must be kept at the disposal of the competent authorities at least until the  guarantee date of the premixture. 5. Storage'Products' which meet the specifications - and those which do not - must be stored in  suitable containers or in places designed, adapted and maintained in order to ensure good storage  conditions, to which only persons authorized by the manufacturer have access. Preventive measures must be taken to avoid, as far as possible, the presence of harmful organisms,  with the introduction of a control plan if necessary. The 'products' must be stored in such a way as to be easily identifiable and to avoid any confusion  or cross-contamination between the different products and with medicinal substances. Premixtures  must be wrapped and labelled in accordance with the provisions of Directive 70/524/EEC. 6. Documentation6.1. Documentation relating to the manufacturing process and controlsThe  manufacturer must have a system of documentation designed to define and ensure the mastery of the  critical points in the manufacturing process, and to establish and implement a quality control  plan. The manufacturer must keep the results of the relevant controls. This sets of documents must  be kept in such a way as to make it possible to trace the manufacturing history of each premixture  batch put into circulation and to establish responsibility if complaints arise. 6.2. Register of premixturesThe manufacturer must record the following information in order to  ensure traceability: - the names and addresses of manufacturers of additives or of intermediaries, the nature and  quantity of the additives used and, where appropriate, the number of the batch or of the specific  portion of production in the case of continuous manufacture, - the date of manufacture of the premixture, the batch number where appropriate, - the names and addresses of the intermediaries or manufacturers of compound feedingstuffs to whom  the premixture is delivered, the delivery date, the nature and quantity of the premixture is  delivered, and the batch number where appropriate. 7. Intermediaries referred to in Article 3 (1)Where the manufacturer delivers premixtures to a  person other than a manufacturer of compound feedingstuffs, that person and any subsequent  intermediary by whom they are wrapped, packaged, stored our put into circulation shall be equally  bound, as appropriate, by the obligations laid down in points 4, 5, 6.2 and 8 and, in the case of  wrapping, by those referred to in point 3. 8. Complaints and product recallThe manufacturer or any intermediary putting a product into  circulation under his own name must implement a system for registering and processing complaints.  Likewise, he must be in a position to introduce, where this proves necessary, a system for prompt  recall of products in the distribution network. The manufacturer must define by means of written  procedures the destination of any recalled products, and before such products are put back into  circulation they must undergo a quality-control reassessment. CHAPTER I.3. (a) Additives referred to in Article 2 (2) (c) and (e)>TABLE  POSITION>CHAPTER I.3. (b) Minimum conditions which must be fulfilled by  establishments referred to in Article 2 (2) (c) and (e) (compound feedingstuffs containing  premixtures of additives referred to in Chapter I.3 (a))1. Facilities and equipmentFacilities and  manufacturing equipment must be located, designed, constructed and maintained to suit the  manufacture of compound feedingstuffs containing premixtures. The layout, design and operation of  the facilities and equipment must be such as to minimize the risk of error and permit effective  cleaning and maintenance in order to avoid, as far as possible, contamination, cross-contamination  and any adverse effects generally on the quality of the products. Facilities and equipment to be used for manufacturing operations which are essential for the  quality of the products must undergo appropriate and regular checks, in accordance with the written  procedures pre-established by the manufacturer, or possibly, in the case of manufacture solely for  the manufacturer's own needs, pre-established by a qualified outside person acting at the request  and under the responsibility of the manufacturer. Preventive measures must be taken to avoid, as  far as possible, the presence of harmful organisms, with the introduction of a control plan if  necessary. 2. PersonnelThe manufacturer must have sufficient staff possessing the skills and qualifications  necessary for the manufacture of compound feedingstuffs containing premixtures. An organizational  chart setting out the qualifications (diplomas, professional experience) and responsibilities of  the supervisory staff must be drawn up - if appropriate in the case of manufacture solely for the  manufacturer's own needs - and made available to the competent authorities responsible for  inspection. All the staff must be informed clearly in writing of their duties, responsibilities and  powers, especially when any change is made, in such a way as to obtain the desired quality of the  compound feedingstuffs containing premixtures. 3. ProductionA qualified person responsible for production must be designated who, in the case of  manufacture solely for the manufacturer's own needs, may if necessary be from outside, but shall  act at the request and under the responsibility of the manufacturer. The manufacturer must ensure that the different stages in production are carried out according to  pre-established written procedures and instructions aimed at defining, checking and mastering the  critical points in the manufacturing process, such as incorporation of the premixture in the  feedingstuff, chronological order of production, meters and weighing apparatus, mixer and returns,  in such a way as to obtain the desired quality of the compound feedingstuffs in accordance with the  provisions of Directive 79/373/EEC. Technical or organizational measures shall be taken to avoid cross-contamination and errors as far  as possible. 4. Quality controlA qualified person responsible for quality control must be designated who, in  the case of manufacture solely for the manufacturer's own needs, may if necessary be from outside,  but shall act at the request and under the responsibility of the manufacturer. The manufacturer must have at his disposal a quality control laboratory having adequate staff and  equipment to guarantee and check that the compound feedingstuffs containing premixtures comply with  the specifications defined by the manufacturer and which will guarantee and check, in particular,  the nature, content and homogeneity of the additives concerned in the compound feedingstuffs, and  as low a level as possible of cross-contamination, as well as, in the case of feedingstuffs to be  put into circulation, the contents as regards analytical constituents (Directive 79/373/EEC). The  use of an outside laboratory is permitted. A quality control plan must be drawn up in writing and implemented, to include, in particular,  checks on the critical points in the manufacturing process, sampling procedures and frequencies,  methods of analysis and their frequency, compliance with the specifications - and destination in  the event of non-compliance - for raw materials, premixtures and compound feedingstuffs  'products'. Samples must be taken in sufficient quantity by a procedure pre-established by the manufacturer on  the basis of each batch of compound feedingstuffs or each specific portion of production in the  case of continuous manufacture, and be retained in order to ensure traceability where it is put  into circulation, or on a regular basis in the case of manufacture solely for the manufacturer's  own needs. These samples must be sealed and labelled for ease of identification; they must be  stored under conditions which prevent any abnormal change in the composition of the sample or any  abnormal adulteration. They must be kept at the disposal of the competent authorities for an  appropriate period. 5. Storage'Products' which meet the specifications - and those which do not - must be stored in  suitable containers in places designed, adapted and maintained in order to ensure good storage  conditions, to which only persons authorized by the manufacturer have access. Preventive measures must be taken to avoid, as far as possible, the presence of harmful organisms,  with the introduction of a control plan if necessary. The 'products' must be stored in such a way as to be easily identifiable and to avoid any confusion  or cross-contamination between the different products and with medicinal substances or medicinal  feedingstuffs, or with raw materials containing high levels of undesirable substances and products,  or with additives. Compound feedingstuffs intended to be put into circulation must comply with the  provisions of Directive 79/373/EEC. 6. Documentation6.1. Documentation relating to the manufacturing process and controlsThe  manufacturer must have a system of documentation designed to define and ensure the mastery of the  critical points in the manufacturing process, and to establish and implement a quality control  plan. The manufacturer must keep the results of the relevant controls. This set of documents must  be kept in such a way as to make it possible to trace the manufacturing history of each batch  produced and, where it is put into circulation, to establish responsibility if complaints arise. 6.2. Register of compound feedingstuffsThe manufacturer must record the following information in  order to ensure traceability: - the names and addresses of premixture manufacturers or intermediaries, with the batch number if  appropriate, the nature and quantity of the premixture used, - the nature and quantity of feedingstuffs manufactured, together with the date of manufacture. 7. Complaints and product recallThe manufacturer must implement a system for registering and  processing complaints. Likewise, he must be in a position to introduce, where this proves necessary, a system for prompt  recall of products in the distribution network. The manufacturer must define by means of written  procedures the destination of any recalled products, and before such products are put back into  circulation they must undergo a quality-control reassessment. CHAPTER I.4 Minimum conditions which must be fulfilled by establishments  referred to in Article 2 (2) (d) and (e) (compound feedingstuffs from raw materials which contain  high levels of undesirable substances and products ('raw materials concerned'))1. Facilities and  equipmentFacilities and manufacturing equipment must be located, designed, constructed and  maintained to suit the manufacture of compound feeedingstuffs from the 'raw materials concerned'.  The layout, design and operation of the facilities and equipment must be such as to minimize the  risk of error and permit effective cleaning and maintenance in order to avoid contamination, as far  as possible, contamination, cross-contamination and any adverse effects generally on the quality of  the products. Facilities and equipment to be used for manufacturing operations which are essential  for the quality of the products must undergo appropriate and regular checks, in accordance with  written procedures pre-established by the manufacturer, or possibly, in the case of manufacture  solely for the manufacturer's own needs, pre-established by a qualified outside person acting at  the request and under the responsibility of the manufacturer. Preventive measures must be taken to avoid, as far as possible, the presence of harmful organisms,  with the introduction of a control plan if necessary. 2. PersonnelThe manufacturer must have sufficient staff possessing the skills and qualifications  necessary for the manufacture of compound feedingstuffs from the 'raw materials concerned'. An  organizational chart setting out the qualifications (diplomas, professional experience) and  responsibilities of the supervisory staff must - if appropriate in the case of manufacture solely  for the manufacturer's own needs - be drawn up and made available to the competent authorities  responsible for inspection. All the staff must be informed clearly in writing of their duties,  responsibilities and powers, especially when any change is made, in such a way as to obtain the  desired quality of compound feedingstuffs from the 'raw materials concerned'. 3. ProductionA qualified person responsible for production must be designated who, in the case of  manufacture solely for the manufacturer's own needs, may if necessary be from outside, but shall  act at the request and under the responsibility of the manufacturer. The manufacture must ensure that the different stages in production are carried out according to  pre-established written procedures and instructions aimed at defining, checking and mastering the  critical points in the manufacturing process, such as incorporation in the feedingstuff of the 'raw  material concerned', chronological order of production, meters and weighing apparatus, mixer and  returns, in such a way as to obtain the desired quality of the compound feedingstuffs in accordance  with the provisions of Directive 79/373/EEC. Technical or organizational measures shall be taken to avoid cross-contamination and errors as far  as possible. 4. Quality controlA qualified person responsible for quality control must be designated who, in  the case of manufacture solely for the manufacturer's own needs, may if necessary be from outside,  but shall act at the request and under the responsibility of the manufacturer. The manufacturer must have at his disposal a quality control laboratory having adequate staff and  equipment to guarantee and check that the compound feedingstuffs concerned comply with the  specifications defined by the manufacturer and which will guarantee and check, in particular, the  nature, content and homogeneity of the undesirable substances and products concerned in the  compound feedingstuff, and as low a level as possible of cross-contamination as well as compliance  with the maximum levels of undesirable substances and products as laid down in Directive 74/63/EEC  and, in the case of feedingstuffs to be put into circulation, contents as regards analytical  constituents (Directive 79/373/EEC). The use of an outside laboratory is permitted. A quality control plan shall be drawn up in writing and implemented, to include, in particular,  checks on the critical points in the manufacturing process, sampling procedures and frequencies,  methods of analysis and their frequency, compliance with the specifications - and destination in  the event of non-compliance - for raw materials, including those with high levels of undesirable  substances and products, and compound feedingstuffs. Samples must be taken sufficient quantity by a procedure pre-established by the manufacturer on the  basis of each of compound feedingstuffs or each specific portion of production in the case of  continuous manufacture, and be retained in order to ensure traceability where it is put into  circulation, or on a regular basis in the case of manufacture solely for the manufacturer's own  needs. These samples must be sealed and labelled for ease of identification; they must be stored  under conditions which prevent any abnormal change in the composition of the sample or any abnormal  adulteration. They must be kept at the disposal of the competent authorities for a period  appropriate to the use to which the feedingstuffs are put. 5. StorageRaw materials, notably those containing high levels of undesirable substances and  products and compound feedingstuffs which meet the specifications - and those which do not - must  be stored in suitable containers or in places designed, adapted and maintained in order to ensure  good storage conditions. Preventive measures must be taken to avoid, as far as possible, the presence of harmful organisms,  with the introduction of a control plan if necessary. The products must be stored in such a way as to be easily identifiable and to avoid any confusion  or cross-contamination between the different products mentioned above and with medicinal substances  or medicinal feedingstuffs, or with additives or premixtures of additives. Compound feedingstuffs  intended to be put into circulation must comply with the provisions of Directive 79/373/EEC. 6. Documentation6.1. Documentation relating to the manufacturing process and controlsThe  manufacturer must have a system of documentation designed to define and ensure the mastery of the  critical points in the manufacturing process, and to establish and implement a quality control  plan. The manufacturer must in particular keep the results of the relevant controls. This set of  documents must be kept in such a way as to make it possible to trace the manufacturing history of  each batch produced and, where it is put into circulation, to establish responsibility if  complaints arise. 6.2. Register of compound feedingstuffsThe manufacturer must record the following information in  order to ensure traceability: - the names and addresses of suppliers of raw materials containing high level of undesirable  substances and products, and- the nature and level of undesirable substances and products, the  delivery date and the nature and quantity of the products manufactured, plus the date of  manufacture. 7. Complaints and product recallThe manufacturer must implement a system for registering and  processing complaints. Likewise, he must be in a position to introduce, where this proves necessary, a system for prompt  recall of products in the distribution network. The manufacturer must define by means of written  procedures the destination of any recalled products, and before such products are put back into  circulation they must undergo a quality-control reassessment. CHAPTER II Minimum conditions which must be fulfilled by establishments and  intermediaries referred to in Articles 7 and 8 (subject to registration) CHAPTER II (a)  Additives referred to in Article 7 (2) (b), (c) and (d) and in Article 8 (1)>TABLE> CHAPTER II (b) Additives referred to in Article 7 (2) (c) and (d)>TABLE  POSITION>CHAPTER II (c) Minimum conditions which must be fulfilled by  establishments and intermediaries referred to in Article 7 (2) (a) and (b) and Article 8 (1),  (additives for which a prescribed maximum level is set and which are not referred to in Chapter I.1  (a), premixtures of additives referred to in Chapter II (a)) and establishments referred to in  Article 7 (2) (c) and (d), (compound feedingstuffs containing premixtures of additives referred to  in Chapter II (b) or additives referred to in Chapter II (a)). 1. Facilities and equipmentFacilities and technical equipment must be located, designed,  constructed and maintained to suit the manufacture of the additives, premixtures of additives and  compound feedingstuffs containing additives or premixtures of additives concerned ('products  concerned'). 2. PersonnelThe manufacturer must have sufficient staff possessing the skills and qualifications  necessary for the manufacture of the 'products concerned'. 3. ProductionA qualified person responsible for production must be designated who, in the case of  manufacture solely for the manufacturer's own needs, may if necessary be from outside, but shall  act at the request and under the responsibility of the manufacturer.The manufacturer must ensure that the different stages of production are carried out in such a way  as to obtain the desired quality of the 'products concerned' in accordance with the provisions of  Directive 70/524/EEC or Directive 79/373/EEC. 4. Quality controlA qualified person responsible for quality control must be designated who, in  the case of manufacture solely for the manufacturer's own needs, may if necessary be from outside,  but shall act at the request and under the responsibility of the manufacturer. The manufacturer must draw up and implement a quality control plan to guarantee and check that the  'products in question' comply with the specifications defined by the manufacturer and that they  comply, as appropriate, with the provisions of Directive 70/524/EEC or Directive 79/373/EEC. In order to ensure traceability, samples must be taken and kept, where appropriate, from each batch  of the product or from each specific portion of production in the case of continuous or regular  manufacture. They must be kept at the disposal of the competent authorities for a period  appropriate to the use to which the feedingstuffs are put. 5. StorageRaw materials, active substances, carrier substances, premixtures and compound  feedingstuffs must be stored in places designed, adapted and maintained in order to ensure good  storage conditions. The products must be stored in such a way as to be easily identifiable and to avoid any confusion  or cross-contamination between the different products mentioned above and with medicinal substances  or medicinal feedingstuffs. Products to be put into circulation must be wrapped, where appropriate,  and labelled in accordance with the provisions of Directive 70/524/EEC or Directive 79/373/EEC, as  appropriate. 6. RegisterThe manufacturer must record the following information in order to ensure  traceability: (a) for additives: - the nature and quantity of the additives produced, the respective dates of manufacture and, where  appropriate, the number of the batch or of the specific portion of production in the case of  continuous manufacture, - the names and addresses of the intermediaries or users (manufacturers or stock breeders) to whom  the additives have been delivered, with an indication of the nature and quantity of the additives  delivered and, where appropriate, the number of the batch or of the specific portion of production  in the case of continuous manufacture. (b) for premixtures: - the names and addresses of the additive manufacturers or intermediaries, the nature and quantity  of the additives used and, where appropriate, the number of the batch or of the specific portion of  production in the case of continuous manufacture, - the date of manufacture of the premixture, the number of the batch where appropriate, - the names and addresses of the intermediaries or manufacturers to whom the premixtures have been  delivered and the nature and quantity of the premixture delivered, and the number of the batch,  where appropriate; (c) for compound feedingstuffs containing premixtures or additives: - the names and addresses of the premixture manufacturers or intermediaries, with the batch number  where appropriate, the nature and quantity of the premixture used, - the names and addresses of the additive manufacturers or intermediaries, the nature and quantity  of the additive used and the number of the batch or of the specific portion of production in the  event of continuous manufacture, - the nature and quantity of the feedingstuffs manufactured, with the date of manufacture. 7. Intermediaries referred to in Article 8 (1)Where the manufacturer delivers additives to a  person other than a manufacturer or stock breeder, or premixtures to a person other than a  manufacturer, that person and any subsequent intermediary by whom they are wrapped, packaged,  stored or put into circulation shall be equally bound, as appropriate, by the obligations laid down  in points 4, 5 and 6.2 and, in the case of wrapping, by those laid down in point 3.


Avis juridique important

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31960L0921

EEC Council: First Directive for the implementation of Article 67 of the Treaty

Official Journal 043 , 12/07/1960 P. 0921 - 0932 Danish special edition: Series I Chapter 1959-1962 P. 0047  English special edition: Series I Chapter 1959-1962 P. 0049  Greek special edition: Chapter 10 Volume 1 P. 0004  Spanish special edition: Chapter 10 Volume 1 P. 0006  Portuguese special edition Chapter 10 Volume 1 P. 0006

++++FIRST DIRECTIVE FOR THE IMPLEMENTATION OF ARTICLE 67 OF THE TREATY  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO THE TREATY , AND IN PARTICULAR ARTICLES 5 , 67 ( 1 ) , 69 , 105 ( 2 ) AND 106 ( 2 ) THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION , WHICH CONSULTED THE MONETARY COMMITTEE FOR THIS PURPOSE ;  HAVING REGARD TO THE DECISION OF 11 MAY 1960 ON THE APPLICATION TO ALGERIA AND TO THE FRENCH OVERSEAS DEPARTMENTS OF THE PROVISIONS OF THE TREATY CONCERNING CAPITAL MOVEMENTS ;  WHEREAS THE ATTAINMENT OF THE OBJECTIVES OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY REQUIRES THE GREATEST POSSIBLE FREEDOM OF MOVEMENT OF CAPITAL BETWEEN MEMBER STATES AND THEREFORE THE WIDEST AND MOST SPEEDY LIBERALISATION OF CAPITAL MOVEMENTS ;  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . MEMBER STATES SHALL GRANT ALL FOREIGN EXCHANGE AUTHORISATIONS REQUIRED FOR THE CONCLUSION OR PERFORMANCE OF TRANSACTIONS OR FOR TRANSFERS BETWEEN RESIDENTS OF MEMBER STATES IN RESPECT OF THE CAPITAL MOVEMENTS SET OUT IN LIST A OF ANNEX I TO THIS DIRECTIVE .  2 . MEMBER STATES SHALL ENABLE SUCH TRANSFERS OF CAPITAL TO BE MADE ON THE BASIS OF THE EXCHANGE RATE RULING FOR PAYMENTS RELATING TO CURRENT TRANSACTIONS .  WHERE SUCH TRANSFERS ARE MADE ON A FOREIGN EXCHANGE MARKET ON WHICH THE FLUCTUATIONS OF EXCHANGE RATES ARE NOT OFFICIALLY RESTRICTED , THIS OBLIGATION SHALL BE TAKEN TO MEAN THAT THE EXCHANGE RATES APPLIED MUST NOT SHOW ANY APPRECIABLE AND LASTING DIFFERENCES FROM THOSE RULING FOR PAYMENTS RELATING TO CURRENT TRANSACTIONS .  THE MONETARY COMMITTEE SHALL WATCH CLOSELY THE TREND OF EXCHANGE RATES APPLIED TO SUCH TRANSFERS OF CAPITAL , AND SHALL REPORT THEREON TO THE COMMISSION . IF THE COMMISSION FINDS THAT THESE RATES SHOW APPRECIABLE AND LASTING DIFFERENCES FROM THOSE RULING FOR PAYMENTS RELATING TO CURRENT TRANSACTIONS , IT SHALL INITIATE THE PROCEDURE PROVIDED FOR IN ARTICLE 169 OF THE TREATY .  ARTICLE 2  1 . MEMBER STATES SHALL GRANT GENERAL PERMISSION FOR THE CONCLUSION OR PERFORMANCE OF TRANSACTIONS AND FOR TRANSFERS BETWEEN RESIDENTS OF MEMBER STATES IN RESPECT OF THE CAPITAL MOVEMENTS SET OUT IN LIST B OF ANNEX I TO THIS DIRECTIVE .  2 . WHERE SUCH TRANSFERS OF CAPITAL ARE MADE ON A FOREIGN EXCHANGE MARKET ON WHICH THE FLUCTUATIONS OF EXCHANGE RATES ARE NOT OFFICIALLY RESTRICTED , MEMBER STATES SHALL ENDEAVOUR TO ENSURE THAT TRANSFERS ARE MADE AT RATES WHICH DO NOT SHOW APPRECIABLE AND LASTING DIFFERENCES FROM THOSE RULING FOR PAYMENTS RELATING TO CURRENT TRANSACTIONS .  THE COMMISSION MAY , AFTER CONSULTING THE MONETARY COMMITTEE , MAKE RECOMMENDATIONS IN THIS CONNECTION TO THE MEMBER STATES .  3 . WHERE THE TRANSFERS ARE MADE EITHER ON THE SAME FOREIGN EXCHANGE MARKET AS PAYMENTS RELATING TO CURRENT TRANSACTIONS , OR ON A MARKET ON WHICH EXCHANGE RATE FLUCTUATIONS ARE KEPT WITHIN LIMITS APPLICABLE TO SUCH MARKET AS AFORESAID , THE APPLICATION OF PARAGRAPH 1 OF THIS ARTICLE MAY , AS A TEMPORARY MEASURE , BE CONFINED - AS REGARDS THE ACQUISITION OF FOREIGN SECURITIES BY RESIDENTS - TO THE FINANCIAL INSTITUTIONS AND TO THE UNDERTAKINGS WHICH ACQUIRE SECURITIES OF FOREIGN COMPANIES ESTABLISHED FOR A LIKE PURPOSE .  THE COMMISSION MAY , AFTER CONSULTING THE MONETARY COMMITTEE , MAKE RECOMMENDATIONS IN THIS CONNECTION TO THE MEMBER STATES .  ARTICLE 3  1 . SUBJECT TO PARAGRAPH 2 OF THIS ARTICLE , MEMBER STATES SHALL GRANT ALL FOREIGN EXCHANGE AUTHORISATIONS REQUIRED FOR THE CONCLUSION OR PERFORMANCE OF TRANSACTIONS AND FOR TRANSFERS BETWEEN RESIDENTS OF MEMBER STATES IN RESPECT OF THE CAPITAL MOVEMENTS SET OUT IN LIST C OF ANNEX I TO THIS DIRECTIVE .  2 . WHERE SUCH FREE MOVEMENT OF CAPITAL MIGHT FORM AN OBSTACLE TO THE ACHIEVEMENT OF THE ECONOMIC POLICY OBJECTIVES OF A MEMBER STATE , THE LATTER MAY MAINTAIN OR REINTRODUCE THE EXCHANGE RESTRICTIONS ON CAPITAL MOVEMENTS WHICH WERE OPERATIVE ON THE DATE OF ENTRY INTO FORCE OF THIS DIRECTIVE . IT SHALL CONSULT THE COMMISSION ON THE MATTER .  THE COMMISSION SHALL EXAMINE THE MEASURES FOR CO-ORDINATING THE ECONOMIC POLICIES OF MEMBER STATES WHICH WILL ENABLE THESE DIFFICULTIES TO BE OVERCOME AND , AFTER CONSULTING THE MONETARY COMMITTEE , SHALL RECOMMEND THEIR ADOPTION BY THE MEMBER STATES .  3 . THE COMMISSION MAY RECOMMEND THAT THE STATE IN QUESTION ABOLISH THE EXCHANGE RESTRICTIONS WHICH ARE MAINTAINED OR REINTRODUCED .  ARTICLE 4  THE MONETARY COMMITTEE SHALL EXAMINE AT LEAST ONCE A YEAR THE RESTRICTIONS WHICH ARE APPLIED TO THE CAPITAL MOVEMENTS SET OUT IN THE LISTS CONTAINED IN ANNEX I TO THIS DIRECTIVE ; IT SHALL REPORT TO THE COMMISSION REGARDING RESTRICTIONS WHICH COULD BE ABOLISHED .  ARTICLE 5  1 . THE PROVISIONS OF THIS DIRECTIVE SHALL NOT RESTRICT THE RIGHT OF MEMBER STATES TO VERIFY THE NATURE AND GENUINENESS OF TRANSACTIONS OR TRANSFERS , OR TO TAKE ALL REQUISITE MEASURES TO PREVENT INFRINGEMENTS OF THEIR LAWS AND REGULATIONS .  2 . MEMBER STATES SHALL SIMPLIFY AS FAR AS POSSIBLE THE AUTHORISATION AND CONTROL FORMALITIES APPLICABLE TO THE CONCLUSION OR PERFORMANCE OF TRANSACTIONS AND TRANSFERS AND SHALL WHERE NECESSARY CONSULT ONE ANOTHER WITH A VIEW TO SUCH SIMPLIFICATION .  3 . THE RESTRICTIONS ON CAPITAL MOVEMENTS UNDER THE RULES FOR ESTABLISHMENT IN A MEMBER STATE SHALL BE ABOLISHED PURSUANT TO THIS DIRECTIVE ONLY IN SO FAR AS IT IS INCUMBENT UPON THE MEMBER STATES TO GRANT FREEDOM OF ESTABLISHMENT IN IMPLEMENTATION OF ARTICLES 52 TO 58 OF THE TREATY .  ARTICLE 6  MEMBER STATES SHALL ENDEAVOUR NOT TO INTRODUCE WITHIN THE COMMUNITY ANY NEW EXCHANGE RESTRICTIONS AFFECTING THE CAPITAL MOVEMENTS THAT WERE LIBERALISED AT THE DATE OF ENTRY INTO FORCE OF THIS DIRECTIVE NOR TO MAKE EXISTING PROVISIONS MORE RESTRICTIVE .  ARTICLE 7  MEMBER STATES SHALL MAKE KNOWN TO THE COMMISSION , NOT LATER THAN THREE MONTHS AFTER THE ENTRY INTO FORCE OF THIS DIRECTIVE :  ( A ) THE PROVISIONS GOVERNING CAPITAL MOVEMENTS AT THE DATE OF ENTRY INTO FORCE OF THIS DIRECTIVE WHICH ARE LAID DOWN BY LAW , REGULATION AND ADMINISTRATIVE ACTION ;  ( B ) THE PROVISIONS ADOPTED IN PURSUANCE OF THE DIRECTIVE ;  ( C ) THE PROCEDURES FOR IMPLEMENTING THOSE PROVISIONS .  THEY SHALL ALSO MAKE KNOWN , NOT LATER THAN THE TIME OF ENTRY INTO FORCE THEREOF , ANY NEW MEASURES GOING BEYOND THE OBLIGATIONS OF THIS DIRECTIVE , AND ANY AMENDMENT OF THE PROVISIONS GOVERNING THE CAPITAL MOVEMENTS SET OUT IN LIST D OF ANNEX I TO THIS DIRECTIVE .  ARTICLE 8  THE PROVISIONS OF THIS DIRECTIVE SHALL APPLY TO THE MEMBER STATES MENTIONED IN ARTICLE 227 ( 1 ) OF THE TREATY , TO ALGERIA AND TO THE FRENCH OVERSEAS DEPARTMENTS , AND TO EUROPEAN TERRITORIES FOR WHOSE EXTERNAL RELATIONS A MEMBER STATE IS RESPONSIBLE .  ARTICLE 9  THIS DIRECTIVE SHALL APPLY WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLES 67 ( 2 ) , 68 ( 3 ) AND 221 OF THE TREATY .  ARTICLE 10  LISTS A , B , C AND D CONTAINED IN ANNEX I , TOGETHER WITH THE NOMENCLATURE OF CAPITAL MOVEMENTS AND THE EXPLANATORY NOTES IN ANNEX II , FORM AN INTEGRAL PART OF THIS DIRECTIVE .  DONE AT LUXEMBOURG , 11 MAY 1960 .  FOR THE COUNCIL  THE SECRETARY-GENERAL  CALMES  THE PRESIDENT  EUGENE SCHAUS  ANNEX I  LIST A  CAPITAL MOVEMENTS REFERRED TO IN ARTICLE 1 OF THE DIRECTIVE   * ITEMS OF NOMENCLATURE  DIRECT INVESTMENTS * I  EXCLUDING PURELY FINANCIAL INVESTMENTS MADE WITH A VIEW TO GIVING THE PERSON PROVIDING THE CAPITAL INDIRECT ACCESS TO THE MONEY OR CAPITAL MARKET OF ANOTHER COUNTRY , THROUGH THE CREATION OF AN UNDERTAKING OR PARTICIPATION IN AN EXISTING UNDERTAKING IN THAT COUNTRY *  LIQUIDATION OF DIRECT INVESTMENTS * II  INVESTMENTS IN REAL ESTATE * V  PERSONAL CAPITAL MOVEMENTS *  GIFTS AND ENDOWMENTS * X B  DOWRIES * X C  INHERITANCES * X D  SETTLEMENTS OF DEBTS IN THEIR COUNTRY OF ORIGIN BY IMMIGRANTS * X E  TRANSFERS OF CAPITAL BELONGING TO RESIDENTS WHO EMIGRATE * X F  - AMOUNTS REQUIRED FOR ESTABLISHMENT WITH A VIEW TO CARRYING ON A GAINFUL ACTIVITY *  TRANSFERS OF CAPITAL BELONGING TO EMIGRANTS RETURNING TO THEIR COUNTRY OF ORIGIN * X G  - AMOUNTS IMPORTED AND AMOUNTS EARNED IN CARRYING ON A GAINFUL ACTIVITY *  THE GRANTING AND REPAYMENT OF SHORT-TERM AND MEDIUM-TERM CREDITS IN RESPECT OF COMMERCIAL TRANSACTIONS IN WHICH A RESIDENT IS PARTICIPATING * VII 1 A ( I ) AND ( II ) B ( I ) AND ( II )  SURETIES , OTHER GUARANTEES AND RIGHTS OF PLEDGES AND TRANSFERS CONNECTED WITH THEM *  RELATED TO THE SHORT-TERM AND MEDIUM-TERM CREDITS IN RESPECT OF COMMERCIAL TRANSACTIONS IN WHICH A RESIDENT IS PARTICIPATING * XII A AND B IN CONJUNCTION WITH VII 1 A ( I ) AND ( II ) B ( I ) AND ( II )  WHERE RELATED TO LONG-TERM LOANS WITH A VIEW TO ESTABLISHING OR MAINTAINING LASTING ECONOMIC LINKS * XII A AND B IN CONJUNCTION WITH I A 3 B 3  TRANSFERS IN PERFORMANCE OF INSURANCE CONTRACTS * XI  AS AND WHEN FREEDOM OF MOVEMENT IN RESPECT OF SERVICES IS EXTENDED TO THOSE CONTRACTS IN IMPLEMENTATION OF ARTICLE 59 ET SEQ . OF THE TREATY *  THE USE OF THE PROCEEDS OF LIQUIDATION OF ASSETS ABROAD BELONGING TO RESIDENTS MUST BE PERMITTED AT LEAST WITHIN THE LIMITS OF THE OBLIGATIONS AS REGARDS LIBERALISATION ACCEPTED BY MEMBER STATES .  LIST B  CAPITAL MOVEMENTS REFERRED TO IN ARTICLE 2 OF THE DIRECTIVE   * ITEMS OF NOMENCLATURE  OPERATIONS IN SECURITIES *  ACQUISITION BY NON-RESIDENTS OF DOMESTIC SECURITIES DEALT IN ON A STOCK EXCHANGE ( EXCLUDING UNITS OF UNIT TRUSTS ) AND REPATRIATION OF THE PROCEEDS OF LIQUIDATION THEREOF * IV A  ACQUISITION BY RESIDENTS OF FOREIGN SECURITIES DEALT IN ON A STOCK EXCHANGE AND USE OF THE PROCEEDS OF LIQUIDATION THEREOF * IV B  - EXCLUDING THE ACQUISITION OF BONDS ISSUED ON A FOREIGN MARKET AND DENOMINATED IN NATIONAL CURRENCY *  - EXCLUDING UNITS OF UNIT TRUSTS *  PHYSICAL MOVEMENTS OF THE SECURITIES MENTIONED ABOVE * IV E IN CONJUNCTION WITH IV A IV B  THE USE OF THE PROCEEDS OF LIQUIDATION OF ASSETS ABROAD BELONGING TO RESIDENTS MUST BE PERMITTED AT LEAST WITHIN THE LIMITS OF THE OBLIGATIONS AS REGARDS LIBERALISATION ACCEPTED BY MEMBER STATES .  LIST C  CAPITAL MOVEMENTS REFERRED TO IN ARTICLE 3 OF THE DIRECTIVE   * ITEMS OF NOMENCLATURE  ISSUE AND PLACING OF SECURITIES OF A DOMESTIC UNDERTAKING ON A FOREIGN CAPITAL MARKET * III A 2  ISSUE AND PLACING OF SECURITIES OF A FOREIGN UNDERTAKING ON A DOMESTIC CAPITAL MARKET * III B 2  OPERATIONS IN SECURITIES *  ACQUISITION BY NON-RESIDENTS OF DOMESTIC SECURITIES NOT DEALT IN ON A STOCK EXCHANGE AND REPATRIATION OF THE PROCEEDS OF LIQUIDATION THEREOF * IV C  ACQUISITION BY RESIDENTS OF FOREIGN SECURITIES NOT DEALT IN ON A STOCK EXCHANGE AND USE OF THE PROCEEDS OF LIQUIDATION THEREOF * IV D  ACQUISITION BY NON-RESIDENTS OF UNITS OF DOMESTIC UNIT TRUSTS DEALT IN ON A STOCK EXCHANGE AND REPATRIATION OF THE PROCEEDS OF LIQUIDATION THEREOF * IV A  ACQUISITION BY RESIDENTS OF UNITS OF FOREIGN UNIT TRUSTS DEALT IN ON A STOCK EXCHANGE AND USE OF THE PROCEEDS OF LIQUIDATION THEREOF * IV B  ACQUISITION BY RESIDENTS OF FOREIGN BONDS DEALT IN ON A STOCK EXCHANGE , ISSUED ON A FOREIGN MARKET AND DENOMINATED IN NATIONAL CURRENCY * IV B 3 ( I )  PHYSICAL MOVEMENTS OF THE SECURITIES MENTIONED ABOVE * IV E IN CONJUNCTION WITH IV C , D AND IV B 3 ( I )  GRANTING AND REPAYMENT OF LONG-TERM CREDITS RELATED TO COMMERCIAL TRANSACTIONS IN WHICH A RESIDENT IS PARTICIPATING * VII 1 A ( III ) AND B ( III )  GRANTING AND REPAYMENT OF MEDIUM - AND LONG-TERM CREDITS RELATED TO COMMERCIAL TRANSACTIONS IN WHICH NO RESIDENT IS PARTICIPATING * VII 2 A ( II ) AND ( III ) B ( II ) AND ( III )  GRANTING AND REPAYMENT OF MEDIUM - AND LONG-TERM LOANS AND CREDITS NOT RELATED TO COMMERCIAL TRANSACTIONS * VIII A ( II ) AND ( III ) B ( II ) AND ( III )  SURETIES , OTHER GUARANTEES AND RIGHTS OF PLEDGES AND TRANSFERS CONNECTED WITH THEM AND RELATING TO : *  LONG-TERM CREDITS IN RESPECT OF COMMERCIAL TRANSACTIONS IN WHICH A RESIDENT IS PARTICIPATING * XII A AND B IN CONJUNCTION WITH VII 1 A ( III ) B ( III )  MEDIUM - AND LONG-TERM CREDITS IN RESPECT OF COMMERCIAL TRANSACTIONS IN WHICH NO RESIDENT IS PARTICIPATING * XII A AND B IN CONJUNCTION WITH VII 2 A ( II ) AND ( III ) B ( II ) AND ( III )  MEDIUM - AND LONG-TERM LOANS AND CREDITS NOT RELATED TO COMMERCIAL TRANSACTIONS * XII A AND B IN CONJUNCTION WITH VIII A ( II ) AND ( III ) B ( II ) AND ( III )  THE USE OF THE PROCEEDS OF LIQUIDATION OF ASSETS ABROAD BELONGING TO RESIDENTS MUST BE PERMITTED AT LEAST WITHIN THE LIMITS OF THE OBLIGATIONS AS REGARDS LIBERALISATION ACCEPTED BY MEMBER STATES .  LIST D  CAPITAL MOVEMENTS REFERRED TO IN ARTICLE 4 OF THE DIRECTIVE   * ITEMS OF NOMENCLATURE  SHORT-TERM INVESTMENTS IN TREASURY BILLS AND OTHER SECURITIES NORMALLY DEALT IN ON THE MONEY MARKET * VI  OPENING AND PLACING OF FUNDS ON CURRENT OR DEPOSIT ACCOUNTS , REPATRIATION OR USE OF BALANCES ON CURRENT OR DEPOSIT ACCOUNTS WITH CREDIT INSTITUTIONS * IX  GRANTING AND REPAYMENT OF SHORT-TERM LOANS RELATED TO COMMERCIAL TRANSACTIONS IN WHICH NO RESIDENT IS PARTICIPATING * VII 2 A ( I ) B ( I )  GRANTING AND REPAYMENT OF SHORT-TERM LOANS AND CREDITS NOT RELATED TO COMMERCIAL TRANSACTIONS * V III A ( I ) B ( I )  PERSONAL CAPITAL MOVEMENTS * X A  LOANS *  SURETIES , OTHER GUARANTEES AND RIGHTS OF PLEDGES AND TRANSFERS CONNECTED WITH THEM *  RELATED TO SHORT TERM CREDITS IN RESPECT OF COMMERCIAL TRANSACTIONS IN WHICH NO RESIDENT IS PARTICIPATING * XII A AND B IN CONJUNCTION WITH VII 2 A ( I ) B ( I )  RELATED TO SHORT-TERM LOANS AND CREDITS NOT CONNECTED WITH COMMERCIAL TRANSACTIONS * XII A AND B IN CONJUNCTION WITH VIII A ( I ) B ( I )  RELATED TO PRIVATE LOANS * XII A AND B IN CONJUNCTION WITH X A  PHYSICAL IMPORT AND EXPORT OF FINANCIAL ASSETS * XIII  OTHER CAPITAL MOVEMENTS * XIV  ANNEX II  NOMENCLATURE OF CAPITAL MOVEMENTS  I . DIRECT INVESTMENTS ( * )  A . DIRECT INVESTMENTS ON NATIONAL TERRITORY BY NON-RESIDENTS ( * )  1 . ESTABLISHMENT AND EXTENSION OF BRANCHES OR NEW UNDERTAKINGS BELONGING SOLELY TO THE PERSON PROVIDING THE CAPITAL , AND THE ACQUISITION IN FULL OF EXISTING UNDERTAKINGS  2 . PARTICIPATION IN NEW OR EXISTING UNDERTAKINGS WITH A VIEW TO ESTABLISHING OR MAINTAINING LASTING ECONOMIC LINKS  3 . LONG-TERM LOANS WITH A VIEW TO ESTABLISHING OR MAINTAINING LASTING ECONOMIC LINKS  4 . REINVESTMENT OF PROFITS WITH A VIEW TO MAINTAINING LASTING ECONOMIC LINKS  B . DIRECT INVESTMENTS ABROAD BY RESIDENTS ( * )  1 . ESTABLISHMENT AND EXTENSION OF BRANCHES OR NEW UNDERTAKINGS BELONGING SOLELY TO THE PERSON PROVIDING THE CAPITAL , AND THE ACQUISITION IN FULL OF EXISTING UNDERTAKINGS  2 . PARTICIPATION IN NEW OR EXISTING UNDERTAKINGS WITH A VIEW TO ESTABLISHING OR MAINTAINING LASTING ECONOMIC LINKS  3 . LONG-TERM LOANS WITH A VIEW TO ESTABLISHING OR MAINTAINING LASTING ECONOMIC LINKS  4 . REINVESTMENT OF PROFITS WITH A VIEW TO MAINTAINING LASTING ECONOMIC LINKS  II . LIQUIDATION OF DIRECT INVESTMENTS  A . REPATRIATION OF THE PROCEEDS OF LIQUIDATION ( * ) OF DIRECT INVESTMENTS ON NATIONAL TERRITORY BY NON-RESIDENTS  1 . PRINCIPAL  2 . CAPITAL APPRECIATION  B . USE OF THE PROCEEDS OF LIQUIDATION OF DIRECT INVESTMENTS ABROAD BY RESIDENTS  1 . PRINCIPAL  2 . CAPITAL APPRECIATION  III . ADMISSION OF SECURITIES TO THE CAPITAL MARKET  A . ADMISSION OF SECURITIES OF A DOMESTIC UNDERTAKING TO A FOREIGN CAPITAL MARKET  1 . INTRODUCTION ( * ) ON A FOREIGN STOCK EXCHANGE :  ( A ) OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE ;  ( B ) OF BONDS :  ( I ) DENOMINATED IN NATIONAL CURRENCY ;  ( II ) DENOMINATED IN FOREIGN CURRENCY .  2 . ISSUE AND PLACING ( * ) ON A FOREIGN CAPITAL MARKET :  ( A ) OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE ;  ( B ) OF BONDS :  ( I ) DENOMINATED IN NATIONAL CURRENCY ;  ( II ) DENOMINATED IN FOREIGN CURRENCY .  B . ADMISSION OF SECURITIES OF A FOREIGN UNDERTAKING TO A DOMESTIC CAPITAL MARKET  1 . INTRODUCTION ON A DOMESTIC STOCK EXCHANGE :  ( A ) OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE ;  ( B ) OF BONDS :  ( I ) DENOMINATED IN NATIONAL CURRENCY ;  ( II ) DENOMINATED IN FOREIGN CURRENCY .  2 . ISSUE AND PLACING ON A DOMESTIC CAPITAL MARKET :  ( A ) OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE ;  ( B ) OF BONDS :  ( I ) DENOMINATED IN NATIONAL CURRENCY ;  ( II ) DENOMINATED IN FOREIGN CURRENCY .  C . ADMISSION OF DOMESTIC SECURITIES OF THE PUBLIC SECTOR TO A FOREIGN CAPITAL MARKET PURSUANT TO ARTICLE 68 ( 3 ) OF THE TREATY  1 . INTRODUCTION OF SECURITIES ON A FOREIGN STOCK EXCHANGE :  ( A ) DENOMINATED IN NATIONAL CURRENCY ;  ( B ) DENOMINATED IN FOREIGN CURRENCY .  2 . ISSUE AND PLACING OF SECURITIES ON A FOREIGN CAPITAL MARKET :  ( A ) DENOMINATED IN NATIONAL CURRENCY ;  ( B ) DENOMINATED IN FOREIGN CURRENCY .  D . ADMISSION OF FOREIGN SECURITIES OF THE PUBLIC SECTOR TO A DOMESTIC CAPITAL MARKET PURSUANT TO ARTICLE 68 ( 3 ) OF THE TREATY  1 . INTRODUCTION OF SECURITIES ON A DOMESTIC STOCK EXCHANGE :  ( I ) DENOMINATED IN NATIONAL CURRENCY ;  ( II ) DENOMINATED IN FOREIGN CURRENCY .  2 . ISSUE AND PLACING OF SECURITIES ON A DOMESTIC CAPITAL MARKET :  ( I ) DENOMINATED IN NATIONAL CURRENCY ;  ( II ) DENOMINATED IN FOREIGN CURRENCY .  IV . OPERATIONS IN SECURITIES ( * )  ( NOT INCLUDED UNDER I , II OR III )  A . ACQUISITION BY NON-RESIDENTS OF DOMESTIC SECURITIES ( * ) DEALT IN ON A STOCK EXCHANGE ( * ) AND REPATRIATION OF THE PROCEEDS OF LIQUIDATION THEREOF  ( A ) QUOTED ( * ) ;  ( B ) UNQUOTED ( * ) .  1 . ACQUISITION OF SHARES ( * ) AND OTHER SECURITIES OF A PARTICIPATING NATURE .  2 . REPATRIATION OF THE PROCEEDS OF LIQUIDATION OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE .  3 . ACQUISITION OF BONDS ( * ) :  ( I ) DENOMINATED IN NATIONAL CURRENCY ;  ( II ) DENOMINATED IN FOREIGN CURRENCY .  4 . REPATRIATION OF THE PROCEEDS OF LIQUIDATION OF BONDS .  B . ACQUISITION BY RESIDENTS OF FOREIGN SECURITIES ( * ) DEALT IN ON A STOCK EXCHANGE AND USE OF THE PROCEEDS OF LIQUIDATION THEREOF  ( A ) QUOTED ;  ( B ) UNQUOTED .  1 . ACQUISITION OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE .  2 . USE OF THE PROCEEDS OF LIQUIDATION OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE .  3 . ACQUISITION OF BONDS :  ( I ) DENOMINATED IN NATIONAL CURRENCY ;  ( II ) DENOMINATED IN FOREIGN CURRENCY .  4 . USE OF THE PROCEEDS OF LIQUIDATION OF BONDS .  C . ACQUISITION BY NON-RESIDENTS OF DOMESTIC SECURITIES NOT DEALT IN ON A STOCK EXCHANGE AND REPATRIATION OF THE PROCEEDS OF LIQUIDATION THEREOF  1 . ACQUISITION OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE .  2 . REPATRIATION OF THE PROCEEDS OF LIQUIDATION OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE .  3 . ACQUISITION OF BONDS :  ( I ) DENOMINATED IN NATIONAL CURRENCY ;  ( II ) DENOMINATED IN FOREIGN CURRENCY .  4 . REPATRIATION OF THE PROCEEDS OF LIQUIDATION OF BONDS .  D . ACQUISITION BY RESIDENTS OF FOREIGN SECURITIES NOT DEALT IN ON A STOCK EXCHANGE AND USE OF THE PROCEEDS OF LIQUIDATION THEREOF  1 . ACQUISITION OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE .  2 . USE OF THE PROCEEDS OF LIQUIDATION OF SHARES AND OTHER SECURITIES OF A PARTICIPATING NATURE .  3 . ACQUISITION OF BONDS :  ( I ) DENOMINATED IN NATIONAL CURRENCY ;  ( II ) DENOMINATED IN FOREIGN CURRENCY .  4 . USE OF THE PROCEEDS OF LIQUIDATION OF BONDS .  E . PHYSICAL MOVEMENTS OF SECURITIES  1 . BELONGING TO NON-RESIDENTS :  ( A ) IMPORT ;  ( B ) EXPORT .  2 . BELONGING TO RESIDENTS :  ( A ) IMPORT ;  ( B ) EXPORT .  V . INVESTMENTS IN REAL ESTATE ( * )  ( NOT INCLUDED UNDER I AND II )  A . INVESTMENTS IN REAL ESTATE ON NATIONAL TERRITORY BY NON-RESIDENTS AND REPATRIATION OF THE PROCEEDS OF LIQUIDATION THEREOF  1 . ACQUISITION OF REAL ESTATE .  2 . REPATRIATION OF THE PROCEEDS OF LIQUIDATION OF REAL ESTATE .  B . INVESTMENTS IN REAL ESTATE ABROAD BY RESIDENTS AND USE OF THE PROCEEDS OF LIQUIDATION THEREOF  1 . ACQUISITION OF REAL ESTATE .  2 . USE OF THE PROCEEDS OF LIQUIDATION OF REAL ESTATE .  VI . SHORT-TERM INVESTMENTS IN TREASURY BILLS AND OTHER SECURITIES NORMALLY DEALT IN ON THE MONEY MARKET  1 . DENOMINATED IN NATIONAL CURRENCY .  2 . DENOMINATED IN FOREIGN CURRENCY .  A . SHORT-TERM INVESTMENTS BY NON-RESIDENTS ON A DOMESTIC MONEY MARKET AND REPATRIATION OF THE PROCEEDS OF LIQUIDATION THEREOF  ( A ) BY NATURAL PERSONS ( * ) * OTHER THAN FINANCIAL INSTITUTIONS  ( B ) BY LEGAL PERSONS ( * )  ( C ) BY FINANCIAL INSTITUTIONS . ( * )  B . SHORT-TERM INVESTMENTS BY RESIDENTS ON A FOREIGN MONEY MARKET AND USE OF THE PROCEEDS OF LIQUIDATION THEREOF  ( A ) BY NATURAL PERSONS * OTHER THAN FINANCIAL INSTITUTIONS  ( B ) BY LEGAL PERSONS  ( C ) BY FINANCIAL INSTITUTIONS . ( * )  VII . GRANTING AND REPAYMENT OF CREDITS RELATED TO COMMERCIAL TRANSACTIONS  1 . IN WHICH A RESIDENT IS PARTICIPATING .  2 . IN WHICH NO RESIDENT IS PARTICIPATING .  A . CREDITS GRANTED BY NON-RESIDENTS TO RESIDENTS :  ( I ) SHORT-TERM ( LESS THAN ONE YEAR ) ;  ( II ) MEDIUM-TERM ( FROM ONE TO FIVE YEARS ) ;  ( III ) LONG-TERM ( FIVE YEARS OR MORE ) ;  ( A ) BY NATURAL PERSONS * OTHER THAN FINANCIAL INSTITUTIONS  ( B ) BY LEGAL PERSONS  ( C ) BY FINANCIAL INSTITUTIONS .  B . CREDITS GRANTED BY RESIDENTS TO NON-RESIDENTS :  ( I ) SHORT-TERM ( LESS THAN ONE YEAR ) ;  ( II ) MEDIUM-TERM ( FROM ONE TO FIVE YEARS ) ;  ( III ) LONG-TERM ( FIVE YEARS OR MORE ) ;  ( A ) BY NATURAL PERSONS * OTHER THAN FINANCIAL INSTITUTIONS  ( B ) BY LEGAL PERSONS( C ) BY FINANCIAL INSTITUTIONS .  VIII . GRANTING AND REPAYMENT OF LOANS AND CREDITS NOT RELATED TO COMMERCIAL TRANSACTIONS  ( NOT INCLUDED UNDER I AND X )  A . LOANS AND CREDITS GRANTED BY NON-RESIDENTS TO RESIDENTS :  ( I ) SHORT-TERM ( LESS THAN ONE YEAR ) ;  ( II ) MEDIUM-TERM ( FROM ONE TO FIVE YEARS ) ;  ( III ) LONG-TERM ( FIVE YEARS OR MORE ) ;  ( A ) BY NATURAL PERSONS * OTHER THAN FINANCIAL INSTITUTIONS  ( B ) BY LEGAL PERSONS  ( C ) BY FINANCIAL INSTITUTIONS .  B . LOANS AND CREDITS GRANTED BY RESIDENTS TO NON-RESIDENTS :  ( I ) SHORT-TERM ( LESS THAN ONE YEAR ) ;  ( II ) MEDIUM-TERM ( FROM ONE TO FIVE YEARS ) ;  ( III ) LONG-TERM ( FIVE YEARS OR MORE ) ;  ( A ) BY NATURAL PERSONS * OTHER THAN FINANCIAL INSTITUTIONS  ( B ) BY LEGAL PERSONS  ( C ) BY FINANCIAL INSTITUTIONS .  IX . OPENING AND PLACING OF FUNDS ON CURRENT OR DEPOSIT ACCOUNTS , REPATRIATION OR USE OF BALANCES ON CURRENT OR DEPOSIT ACCOUNTS WITH CREDIT INSTITUTIONS ( * )  A . BY NON-RESIDENTS WITH DOMESTIC CREDIT INSTITUTIONS  1 . ACCOUNTS AND BALANCES IN NATIONAL CURRENCY .  2 . ACCOUNTS AND BALANCES IN FOREIGN CURRENCY :  ( A ) BY NATURAL PERSONS * OTHER THAN FINANCIAL INSTITUTIONS .  ( B ) BY LEGAL PERSONS  ( C ) BY FINANCIAL INSTITUTIONS .  B . BY RESIDENTS WITH FOREIGN CREDIT INSTITUTIONS  1 . ACCOUNTS AND BALANCES IN NATIONAL CURRENCY .  2 . ACCOUNTS AND BALANCES IN FOREIGN CURRENCY :  ( A ) BY NATURAL PERSONS * OTHER THAN FINANCIAL INSTITUTIONS  ( B ) BY LEGAL PERSONS  ( C ) BY FINANCIAL INSTITUTIONS .  X . PERSONAL CAPITAL MOVEMENTS  ( NOT COVERED BY THE OTHER SECTIONS )  A . LOANS  1 . LOANS GRANTED BY NON-RESIDENTS TO RESIDENTS .  2 . LOANS GRANTED BY RESIDENTS TO NON-RESIDENTS .  B . GIFTS AND ENDOWMENTS  C . DOWRIES  D . INHERITANCES  E . SETTLEMENT OF DEBTS IN THEIR COUNTRY OF ORIGIN BY IMMIGRANTS  F . TRANSFERS OF CAPITAL BELONGING TO RESIDENTS WHO EMIGRATE AND ARE  1 . NATIONALS OF THE COUNTRY IN QUESTION .  2 . NATIONALS OF OTHER COUNTRIES .  G . TRANSFERS OF CAPITAL BELONGING TO EMIGRANTS RETURNING TO THEIR COUNTRY OF ORIGIN  XI . TRANSFERS IN PERFORMANCE OF INSURANCE CONTRACTS  A . PREMIUMS AND PAYMENTS IN RESPECT OF LIFE ASSURANCE  1 . CONTRACTS CONCLUDED BETWEEN DOMESTIC LIFE ASSURANCE COMPANIES AND NON-RESIDENTS .  2 . CONTRACTS CONCLUDED BETWEEN FOREIGN LIFE ASSURANCE COMPANIES AND RESIDENTS .  B . PREMIUMS AND PAYMENTS IN RESPECT OF CREDIT INSURANCE  1 . CONTRACTS CONCLUDED BETWEEN DOMESTIC CREDIT INSURANCE COMPANIES AND NON-RESIDENTS .  2 . CONTRACTS CONCLUDED BETWEEN FOREIGN CREDIT INSURANCE COMPANIES AND RESIDENTS .  C . OTHER CAPITAL TRANSFERS IN RESPECT OF INSURANCE CONTRACTS  XII . SURETIES , OTHER GUARANTEES AND PLEDGES AND TRANSFERS CONNECTED WITH THEM  A . GRANTED BY NON-RESIDENTS TO RESIDENTS  B . GRANTED BY RESIDENTS TO NON-RESIDENTS  XIII . IMPORT AND EXPORT OF FINANCIAL ASSETS  A . SECURITIES ( NOT INCLUDED UNDER IV ) AND MEANS OF PAYMENT OF ALL KINDS  B . GOLD  XIV . OTHER CAPITAL MOVEMENTS  EXPLANATORY NOTES  FOR THE PURPOSE OF THIS NOMENCLATURE THE FOLLOWING EXPRESSIONS HAVE THE MEANINGS ASSIGNED TO THEM RESPECTIVELY :  DIRECT INVESTMENTS  INVESTMENTS OF ALL KINDS BY NATURAL PERSONS OR COMMERCIAL , INDUSTRIAL OR FINANCIAL UNDERTAKINGS , AND WHICH SERVE TO ESTABLISH OR TO MAINTAIN LASTING AND DIRECT LINKS BETWEEN THE PERSON PROVIDING THE CAPITAL AND THE ENTREPRENEUR TO WHOM OR THE UNDERTAKING TO WHICH THE CAPITAL IS MADE AVAILABLE IN ORDER TO CARRY ON AN ECONOMIC ACTIVITY . THIS CONCEPT MUST THEREFORE BE UNDERSTOOD IN ITS WIDEST SENSE .  THE UNDERTAKINGS MENTIONED UNDER 1 INCLUDE LEGALLY INDEPENDENT UNDERTAKINGS ( WHOLLY OWNED SUBSIDIARIES ) AND BRANCHES .  AS REGARDS THOSE UNDERTAKINGS MENTIONED UNDER 2 WHICH HAVE THE STATUS OF COMPANIES LIMITED BY SHARES , THERE IS PARTICIPATION IN THE NATURE OF DIRECT INVESTMENT WHERE THE BLOCK OF SHARES HELD BY A NATURAL PERSON OR ANOTHER UNDERTAKING OR ANY OTHER HOLDER , ENABLES THE SHAREHOLDER , EITHER PURSUANT TO THE PROVISIONS OF NATIONAL LAWS RELATING TO COMPANIES LIMITED BY SHARES OR OTHERWISE , TO PARTICIPATE EFFECTIVELY IN THE MANAGEMENT OF THE COMPANY OR IN ITS CONTROL .  LONG-TERM LOANS OF A PARTICIPATING NATURE , MENTIONED UNDER 3 , MEANS LOANS FOR A PERIOD OF MORE THAN FIVE YEARS WHICH ARE MADE FOR THE PURPOSE OF ESTABLISHING OR MAINTAINING LASTING ECONOMIC LINKS . THE MAIN EXAMPLES WHICH MAY BE CITED ARE LOANS GRANTED BY A COMPANY TO ITS SUBSIDIARIES OR TO COMPANIES IN WHICH IT HAS A SHARE AND LOANS LINKED WITH A PROFIT-SHARING ARRANGEMENT . LOANS GRANTED BY FINANCIAL INSTITUTIONS WITH A VIEW TO ESTABLISHING OR MAINTAINING LASTING ECONOMIC LINKS ARE ALSO INCLUDED UNDER THIS HEADING .  RESIDENTS OR NON-RESIDENTS  NATURAL AND LEGAL PERSONS ACCORDING TO THE DEFINITIONS LAID DOWN IN THE EXCHANGE CONTROL REGULATIONS IN FORCE IN EACH MEMBER STATE .  PROCEEDS OF LIQUIDATION ( OF INVESTMENTS , SECURITIES , ETC . )  PROCEEDS OF SALES , AMOUNT OF REPAYMENTS , PROCEEDS OF EXECUTION OF JUDGMENTS , ETC .  INTRODUCTION ON A STOCK EXCHANGE  THE ADMISSION OF SECURITIES IN ACCORDANCE WITH A SPECIFIED PROCEDURE TO DEALINGS ON A STOCK EXCHANGE , WHETHER CONTROLLED OFFICIALLY OR UNOFFICIALLY , AND THEIR ADMISSION TO PUBLIC SALE .  SECURITIES DEALT IN ON A STOCK EXCHANGE ( QUOTED OR UNQUOTED )  SECURITIES THE DEALINGS IN WHICH ARE CONTROLLED BY REGULATIONS , AND PRICES FOR WHICH ARE REGULARLY PUBLISHED , EITHER BY OFFICIAL STOCK EXCHANGES ( QUOTED SECURITIES ) OR BY OTHER BODIES ATTACHED TO A STOCK EXCHANGE , E.G . COMMITTEES OF BANKS ( UNQUOTED SECURITIES ) .  PLACING OF SECURITIES  THE DIRECT SALE OF SECURITIES BY THE ISSUER , OR SALE THEREOF BY THE CONSORTIUM WHICH THE ISSUER HAS INSTRUCTED TO SELL THEM .  OPERATIONS IN SECURITIES  ANY DEALINGS IN SECURITIES , INCLUDING THE INITIAL SALE OF UNITS BY UNIT TRUSTS .  DOMESTIC OR FOREIGN SECURITIES  SECURITIES ACCORDING TO THE COUNTRY IN WHICH THE ISSUER HAS HIS PRINCIPAL PLACE OF BUSINESS .  SHARES  INCLUDE RIGHTS TO SUBSCRIBE FOR NEW ISSUES OF SHARES .  BONDS ( UNDER IV OF THE NOMENCLATURE )  BONDS ISSUED BY PUBLIC OR PRIVATE BODIES .  INVESTMENTS IN REAL ESTATE  PURCHASES OF BUILDINGS AND LAND AND THE CONSTRUCTION OF BUILDINGS BY PRIVATE PERSONS FOR GAIN OR PERSONAL USE . THIS CATEGORY DOES NOT INCLUDE LOANS SECURED BY MORTGAGES BUT IT DOES INCLUDE RIGHTS OF USUFRUCT , EASEMENT AND BUILDING RIGHTS .  NATURAL OR LEGAL PERSON  AS DEFINED BY THE NATIONAL RULES .  FINANCIAL INSTITUTIONS  BANKS , SAVINGS BANKS AND INSTITUTIONS SPECIALISING IN THE PROVISION OF SHORT - , MEDIUM - AND LONG-TERM CREDIT , AND INSURANCE COMPANIES , BUILDING SOCIETIES , INVESTMENT COMPANIES AND OTHER INSTITUTIONS OF LIKE CHARACTER .  CREDIT INSTITUTIONS  BANKS , SAVINGS BANKS AND INSTITUTIONS SPECIALISING IN THE PROVISION OF SHORT - , MEDIUM - AND LONG-TERM CREDIT .  ( * ) SEE EXPLANATORY NOTES , P . 59 .