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31993L0110

Commission Directive 93/110/EC of 9 December 1993 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

Official Journal L 303 , 10/12/1993 P. 0019 - 0023 Finnish special edition: Chapter 3 Volume 53 P. 0248  Swedish special edition: Chapter 3 Volume 53 P. 0248

COMMISSION DIRECTIVE 93/110/EC of 9 December 1993 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread  within the CommunityTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by  Directive 93/19/EEC (2), and in particular Article 13, second paragraph, fourth indent thereof,  Whereas developments in scientific and technical knowledge have shown that the risks presented by Ditylenchus destructor Thorne, an organism listed in the Annexes to Directive 77/93/EEC, are lower than initially assessed; whereas in this respect  protection should be restricted only to certain species of the genus Gladiolus;  Whereas certain provisions on protective measures against plants of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, in particular those applicable to Citrus clementina Hort. ex Tanaka, should be modified because it is no longer  appropriate to maintain the current provisions set out in Directive 77/93/EEC for movements of these plants into the northern part of the Community;  Whereas the provisions on protective measures against Ditylenchus dipsaci (Kuehn) Filipjev, an organism listed in the Annexes to the said Directive, should be improved, and in particular the list of hostplants should be extended;  Whereas improved measures should be taken to protect the Community against Scirtothrips aurantii Faur, Scirtothrips citri (Moultex) and Elsinoe spp. Bitanc. et Jenk., where these organisms do not occur;  Whereas certain provisions on protective measures against Dendroctonus micans Kugelan, in particular those applicable in the United Kingdom, should be modified, because it has been determined that the said organism is not present in a much larger area  than originally recognized;  Whereas certain provisions on protective measures in Italy against certain bark beetles, i.e. Dendroctonus micans Kugelan, Ips amitinus Eichhof and Ips duplicatus Sahlberg, should be modified because it is no longer appropriate to maintain the current  provisions set out in the said Directive;  Whereas it has been determined that Fusarium oxysporum f.sp. albedinis (Kilian et Maire) Gordon, an organism listed in the Annexes to Directive 77/93/EEC, has been found in Egypt; whereas it is considered that this disease represents a serious danger to  palms grown in, and may be carried on palms imported into, the Community; whereas the measures to combat this disease should be improved;  Whereas some provisions on protective measures against plants of Solanaceae should be modified because it is no longer appropriate to maintain the current provisions set out in Directive 77/93/EEC for plants originating in the Mediterranean countries;  Whereas it has been determined that there is no longer a need to issue a plant passport for wood of conifers which has been stripped of its bark;  Whereas therefore the relevant Annexes to the said Directive 77/93/EEC should be amended accordingly;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Directive 77/93/EEC is hereby amended as indicated in the Annex to this Directive.   Article 2  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 15 December 1993. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  2. The Member States shall immediately communicate to the Commission all provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.   Article 3  This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.  Done at Brussels, 9 December 1993.  For the Commission René STEICHEN Member of the Commission  (1) OJ No L 26, 31. 1. 1977, p. 20.  (2) OJ No L 96, 22. 4. 1993, p. 33.      ANNEX  1. In Annex II, part A, Section I, points (a) 25 and 27, the right hand column is altered as follows:  'Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than seeds'.  2. In Annex II, part A, Section I, point (c) 9, the right hand column is altered as follows:  'Plants of Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruits and seeds', and plants of Citrus L. and their hybrids, other then seeds and other than fruits except fruits of Citrus reticulata Blanco and of Citrus sinensis (L.)  Osbeck, originating in South America.  3. In Annex II, part A, Section II, point (a) 3, the right hand column is altered as follows:  'Flower bulbs and corms of Crocus L., miniature cultivars and their hybrids of the genus Gladiolus Tourn. ex. L., such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii  hort., Hyacinthus L., Iris L., Tigridia Juss, Tulipa L., intended for planting, and potato tubers (Solanum tuberosum L.), intended for planting'.  4. In Annex II, part A, Section II, point (a) 4, right hand column, 'Seeds and bulbs of Allium cepa L., Allium porrum L., and Allium schoenoprasum L.' is replaced by the 'Seeds and bulbs of Allium ascalonicum L., Allium cepa L. and Allium schoenoprasum  L. intended for planting and plants of Allium porrum L. intended for planting'.  5. In Annex II, part B, point (a) 3, the right hand column is altered as follows:  'EL, E, IRL, P, UK (*)', and the protected zone referred to in (*) is replaced by the following:  '(*) (Scotland, Northern Ireland, England: the following counties: Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cleveland, Cornwall, Cumbria, Devon, Dorset, Durham, East Sussex, Essex, Greater London, Hampshire, Hertfordshire, Humberside,  Kent, Lincolnshire, Norfolk, Northamptonpshire, Northumberland, Nottinghamshire, Oxfordshire, Somerset, South Yorkshire, Suffolk, Surrey, Tyne and Wear, West Sussex, West Yorkshire, The Isle of Wight, The Isle of Man, the Isles of Scilly, and the  following parts of counties; Avon: that part of the county which lies to the south of the southern boundary of the M4 motorway; Cheshire: that part of the county which lies to the east of the eastern boundary of the Peak District National Park together  with that part of the county which lies to the north of the northern boundary of the A52 (T) road to Derby and that part of the county which lies to the north of the northern boundary of the A6 (T) road; Gloucestershire: that part of the county which  lies to the east of the eastern boundary of the Fosse Way Roman road; Greater Manchester: that part of the county which lies to the east of the eastern boundary of the Peak District National Park; Leicestershire: that part of the county which lies to  the east of the eastern boundary of the Fosse Way Roman road together with that part of the county which lies to the east of the eastern boundary of the B411A road together with that part of the county which lies to the east of eastern boundary of the  M1 motorway; North Yorkshire: the whole county except that part of the county which comprises the district of Craven; Staffordshire: that part of the county which lies to the east of the eastern boundary of the A52 (T) road; Warwickshire: that part of  the county which lies to the east of the eastern boundary of the Fosse Way Roman road; Wiltshire: that part of the county which lies to the south of the southern boundary of the M4 motorway to the intersection of the M4 motorway and the Fosse Way Roman  road, and that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road)'.  6. In Annex II, part B, point (a) 6. (a), the right hand column is altered as follows:  'EL, E, F (Corsica), IRL, P, UK'.  7. In Annex II, part B, point (a) 6. (c), the right hand column is altered as follows:  'EL, E, IRL, P, UK'.  8. In Annex II, part B, the following is added:  '(d) Viruses and virus-like organisms  "" ID="1">Citrus tristeza Virus (European isolates)> ID="2">Fruits of Citrus clementina Hort. ex. Tanaka, with leaves and peduncles> ID="3">EL, F (Corsica), I, P'"> 9. In Annex III, part A, point 13, the right hand column, is modified as follows: '13. Third countries, other than European and Mediterranean countries'. 10. In Annex IV, part A, Section II, point 31.2, is replaced by the following:  "" ID="1">'31. 2 Fruits of:"> ID="1">- Citrus L., other than of Citrus clementina Hort. ex. Tanaka, - Fortunella Swingle, - Poncirus Raf., and their hybrids> ID="2">Without prejudice to the requirements applicable to the fruit in Annex IV A  (31.1), the fruits shall be free from leaves and peduncles.'"> 11. In Annex IV, part A, Section I, point 51, the right hand column, entry (a) is altered as follows: '(a) the seeds originate in areas known to be free from Xanthomonas campestris pv. phaseoli (Smith) dye, or'. 12. In Annex IV, part B, point 1, 7 and  14.1, the right hand column is altered as follows: 'EL, E, IRL, P, UK (*)', and the protected zone referred in (*) is replaced by the following: '(*) (Scotland, Northern Ireland, England: the following counties: Bedfordshire, Berkshire, Buckinghamshire,  Cambridgeshire, Cleveland, Cornwall, Cumbria, Devon, Dorset, Durham, East Sussex, Essex, Greater London, Hampshire, Hertfordshire, Humberside, Kent, Lincolnshire, Norfolk, Northamptonpshire, Northumberland, Nottinghamshire, Oxfordshire, Somerset, South  Yorkshire, Suffolk, Surrey, Tyne and Wear, West Sussex, West Yorkshire, The Isle of Wight, The Isle of Man, the Isles of Scilly, and the following parts of counties; Avon: that part of the county which lies to the south of the southern boundary of the  M4 motorway; Cheshire: that part of the county which lies to the east of the eastern boundary of the Peak District National Park together with that part of the county which lies to the north of the northern boundary of the A52 (T) road to Derby and that  part of the county which lies to the north of the northern boundary of the A6 (T) road; Gloucestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; Greater Manchester: that part of the county  which lies to the east of the eastern boundary of the Peak District National Park; Leicestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road together with that part of the county which lies to the  east of the eastern boundary of the B411A road together with that part of the county which lies to the east of eastern boundary of the M1 motorway; North Yorkshire: the whole county except that part of the county which comprises the district of Craven;  Staffordshire: that part of the county which lies to the east of the eastern boundary of the A52 (T) road; Warwickshire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; Wiltshire: that part of the  county which lies to the south of the southern boundary of the M4 motorway to the intersection of the M4 motorway and the Fosse Way Roman road, and that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road)'. 13.  In Annex IV, part B, point 2, 8 and 14.4, the right hand column is altered as follows: 'EL, E, IRL, P, UK'. 14. In Annex IV, part B, point 4, 10 and 14.2, the right hand column is altered as follows: 'EL, E, F (Corsica), IRL, P, UK'. 15. In Annex IV,  part B, the following is added:  "" ID="1">'31. Fruits of Citrus clementina Hort. ex. Tanaka, originating in E, F (except Corsica)> ID="2">Without prejudice to the provisions applicable to the fruits, where appropriate, listed in Annex III B (2) (3) or Annex IV A II (31.1): (a)  the fruits shall be free from leaves and peduncles, or (b) in the case of fruits with leaves or peduncles, official statement that the fruits are packed in closed containers which have been officially sealed and shall remain sealed during their  transport through a protected zone, recognized for these fruits, and shall bear a distinguished mark to be reported on the passport> ID="3">EL, F (Corsica), I, P'"> 16. In Annex V, part A I, point 2.4 is altered as follows: '2.4 Seeds and bulbs of Allium ascalonicum L., Allium cepa L. and Allium schoenoprasum L. intended for planting and plants of Allium porrum L. intended for planting'. 17. In Annex V, part A, I,  point 3 'Gladiolus Tourn. ex L.' is replaced by 'Miniature cultivars and their hybrids of the genus Gladiolus Tourn. ex L., such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. and Gladiolus  tubergenii hort.' 18. In Annex V, part A, II, point 1.10 (a) is altered as follows: '(a) has been obtained in whole or part from conifers (Coniferales), excluding wood which has been stripped of bark.'


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31994L0007

Commission Directive 94/7/EC of 15 March 1994 adapting Council Directive 89/647/EEC on a solvency ratio for credit institutions as regards the technical definition of 'multilateral development banks' (Text with EEA relevance)

Official Journal L 089 , 06/04/1994 P. 0017 - 0017 Finnish special edition: Chapter 6 Volume 4 P. 0223  Swedish special edition: Chapter 6 Volume 4 P. 0223

COMMISSION DIRECTIVE 94/7/EC of 15 March 1994 adapting Council Directive 89/647/EEC on a solvency ratio for credit institutions as regards the technical definition of 'multilateral development banks' (Text with EEA relevance)THE  COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 89/647/EEC of 18 December 1989 on a solvency ratio for credit institutions (1), as amended by Directive 92/30/EEC (2), and in particular Article 9 thereof,  Whereas the Commission has submitted to the Council a proposal for amending the Protocol on the Statute of the European Investment Bank (EIB) empowering the Board of Governors of the EIB to establish a European Investment Fund (EIF);  Whereas the seventh indent of Article 2 (1) of Directive 89/647/EEC defines 'multilateral development banks' in an enumerate manner;  Whereas the European Investment Fund embodies the same main characteristics as the said multilateral development banks; whereas this new multilateral financial institution is European in its basic character and in its membership; whereas it constitutes  a new and unique structure of cooperation in Europe in order to contribute to the strengthening of the internal market, the promotion of economic recovery in Europe, and the furthering of economic and social cohesion; whereas for these reasons, the  European Investment Fund should be included in the definition of multilateral development banks in Directive 89/647/EEC;  Whereas the provisions of this Directive are in accordance with the opinion of the Banking Advisory Committee acting as the committee which is to assist the Commission in accordance with the procedure laid down in Article 9 (2) of Directive 89/647/EEC;   Whereas this Directive is relevant for the European Economic Area (EEA) and the procedure laid down in Article 99 of the Agreement on the European Economic Area has been followed,  HAS ADOPTED THIS DIRECTIVE:   Article 1  The definition of 'multilateral development banks' in the seventh indent of Article 2 (1) of Directive 89/647/EEC shall include the European Investment Fund.   Article 2  1. Member States shall adopt the measures necessary for them to comply with the provisions of this Directive within six months of the date of the decision of the Board of Governors of the European Investment Bank establishing the European  Investment Fund.  When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  2. Member States shall communicate to the Commission the texts of the main laws, regulations and administrative provisions which they adopt in the field covered by this Directive.   Article 3  This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.  Done at Brussels, 15 March 1994.  For the Commission Raniero VANNI D'ARCHIRAFI Member of the Commission  (1) OJ No L 386, 30. 12. 1989, p. 14.  (2) OJ No L 110, 28. 4. 1992, p. 52.


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31984L0543

Council Directive 84/543/EEC of 8 November 1984 derogating, in favour of Greece, from Directive 82/606/EEC relating to the organization by the Member States of surveys on the earnings of permanent and seasonal workers employed in agriculture

Official Journal L 294 , 13/11/1984 P. 0012 - 0012 Finnish special edition: Chapter 3 Volume 18 P. 0065  Swedish special edition: Chapter 3 Volume 18 P. 0065

*****COUNCIL  DIRECTIVE  of 8 November 1984  derogating, in favour of Greece, from Directive 82/606/EEC relating to the organization by the Member States of surveys on the earnings of permanent and seasonal workers employed in agriculture  (84/543/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 213 thereof,  Having regard to the draft Directive submitted by the Commission,  Whereas Directive 82/606/EEC (1) provides that Member States shall, in 1984, and every two years thereafter, conduct a survey on the earnings of permanent and seasonal workers employed in agriculture;  Whereas Greece is in the process of setting up the necessary structures to enable it to conduct the survey properly in 1986;  Whereas the said survey should therefore be held in Greece from 1986 onwards,  HAS ADOPTED THIS DIRECTIVE:  Article 1  By way of derogation from Article 1 of Directive 82/606/EEC, Greece shall conduct the survey provided for in that Article in 1986 and every two years thereafter.  Article 2  This Directive is addressed to the Hellenic Republic.  Done at Brussels, 8 November 1984.  For the Council  The President  J. MITCHELL  (1) OJ No L 247, 23. 8. 1982, p. 22.


title: Council Directive 74/637/EEC of 17 December 1974 granting medium-term financial assistance to the Italian Republic

text:
  20 . 12. 74                          Official Journal of the European Communities                         No L 341 /51
                                                               II
                                          (Acts whose publication is not obligatory)
                                                      COUNCIL
                                                  COUNCIL DIRECTIVE
                                                    of 17 December 1974
                      granting medium-term financial assistance to the Italian Republic
                                                         (74/637/EEC)
 THE COUNCIL OF THE EUROPEAN                                       Whereas, pursuant to Article 3 of Decision No
 COMMUNITIES,                                                      71 / 143/EEC, it is necessary to determine the
                                                                   economic policy undertakings to be given by the
                                                                   recipient Member State, to comprise both immediate
 Having regard to the Treaty establishing the European             stabilization measures relating especially to credit
 Economic Community, and in particular Article                     policy and public expenditure, and also medium-term
 108 (2) thereof ;                                                 measures ; whereas the nature of such measures has
                                                                  been discussed in detail in the Monetary Committee ;
 Having regard to the recommendation submitted by
 the Commission, following consultation of the Mone              Whereas the main objective of these measures must
 tary Committee ;                                                 be to enable the Italian Republic to achieve, in 1975,
                                                                  a surplus of at least US $ 1 000 million on its trade
Whereas Council Decision No 71 / 143 / EEC             of 22      balance, leaving aside net imports of petroleum
March 1971 setting up machinery for medium-term                   products ;
financial assistance, lays down that up to the ceilings
 specified in that Decision, Member States should                 Whereas the United Kingdom has declared that its
 make available medium-term credits in the form of                present and foreseeable balance of payments diffi
 mutual assistance to a Member State in difficulties or           culties prevent it from contributing towards financing
seriously threatened with difficulties as regards its             the assistance to the Italian Republic ; whereas the
balance of payments, with the Council determining                 United Kingdom has declared that it is nevertheless
the economic policy undertakings the recipient                    ready to continue renewable credits in favour of the
Member State is required to give ;                                Banca d'ltalia of the same amount as those which it
                                                                  granted within the system of short-term monetary
                                                                  support,
Whereas intensive consultations have been held in the
Monetary Committee to discuss the economic situa
tion of the Italian Republic ; whereas these consulta
tions have shown that this Member State is facing real
balance of payments difficulties which, if they                   HAS ADOPTED THIS DIRECTIVE :
continue, could jeopardize the proper functioning of
the common market ; whereas, in view of the present
economic situation of the Italian Republic and the
                                                                                Article 1
state of its foreign exchange reserves, medium-term
financial assistance is a particularly suitable method
for countering these difficulties ;                               In accordance with Decision No 71 / 143/ EEC, the
                                                                  Italian Republic shall be given medium-term financial
(') OJ No L 73 , 27. 3 . 1971 , p. 15.                            assistance on the terms set out below .
 ---pagebreak---  No L 341 /52                      Official Journal of the European Communities                             20 . 12. 74
                        Article 2                             2. The rate of increase in central government
                                                              expenditure must not exceed 16% in the 1975
The amount of the financial assistance          shall  be     calendar year. In addition, the central government
 1 159-20 million units of account.                           shall take steps to ensure that other public authorities
                                                              and the' social security institutions limit the growth of
 Member States' contributions to this assistance shall        their expenditure in 1975 to a similar extent.
 be as follows :
                                  million units of account   3 . The deficit on treasury transactions must not
                                                             exceed Lit 8 000 000 million in 1975. By treasury tran
           Germany                        403-3              sactions are meant those listed in Annex.
           France                         403-3
           Belgium/Luxembourg             134-4
           Netherlands                    134-4                                         Article 7
           Denmark                         60-4
           Ireland                         23-4
                                                              1 . The discrepancy between central government
                                                             current expenditure and revenue must be gradually
                        Article 3
                                                             eliminated over the next five years by measures to be
                                                             taken immediately by the Italian authorities .
The full amount of the assistance shall be made avail
                                                             To this end :
able to the Italian Republic on 18 December 1974.
                                                             — the expenditure and number of semi-public bodies
The loan shall be repaid in 1978 in four quarterly                shall be restricted ;
 payments, the first falling due on 18 March 1978 .
                                                             — direct      taxation   shall   be  increased   and    the
The Italian Republic may repay all or part of the loan            campaign against tax evasion stepped up ;
 in advance, giving three months' notice.                    — special efforts shall be made to improve adminis
                                                                  trative organization and to prevent the transfer of
                        Article 4
                                                                  powers from central government to regional
                                                                  authorities from leading to duplication of tasks .
The amount shall be made available to the Italian
Republic in United States dollars at the rate of             2. Over the next five years, monetary financing of
$ 1-20635 per unit of account, applicable for the            treasury requirements must be gradually and substan
entire duration of the assistance .                          tially reduced.
The loan shall be granted at an interest rate of             3 . In public capital spending, priority shall be
7-5625 % . The interest shall be payable every six           given to the development of public transport and
months in arrears .                                          increased use of national energy resources.
                                                             4. Saving shall be made in the consumption of
                        Article 5                            petroleum products for domestic use .
The assistance shall be granted subject to the condi        5. The competent authorities shall take the neces
tions set out in Articles 6 and 7 relating to the            sary steps, where appropriate using available Commu
economic and monetary policy measures to be taken            nity instruments, in particular the Social Fund, to
by the Italian Republic.                                     improve the operation of relocation services and the
                                                             vocational training of workers .
                        Article 6
                                                             6. Special efforts shall be made to promote foreign
 1.   The increase in total lending must be kept below       investment in Italy, particularly in the Mezzogiorno.
Lit 22 400 000 million in the 12 months to 31 March
 1975. For the period from 1 April 1975 to 31 March          7. Detailed plans for implementing the measures
 1976, this increase must not exceed Lit 24 700 000          provided for in this Aricle shall be communicated to
million .                                                    the Commission by 30 June 1975.
By total lending is meant the financing of treasury
deficits (excluding financial assistance to financial                                  Article 8
intermediaries), loans granted by aziende di credito
(banks) and specialized financial institutions and           Acting on a recommendation from the Commission,
bonds issued by undertakings and public authorities          the Council shall, by 1 December 1975, adapt for the
other than the treasury.                                     following year the conditions laid down in Article 6 .
 ---pagebreak--- 20 . 12. 74                           Official Journal of the European Communities                         No L 341 / 53
                         Article 9                                                      Article 10
The Commission, in collaboration with the Monetary                This Directive is addressed to the Member States .
Committee, shall regularly check that the economic
policy conditions laid down in Articles 6 and 7 are
being respected . For this purpose, the Italian authori
ties shall communicate to the Commission all the                  Done at Brussels, 17 December 1974 .
necessary information .
                                                                                For the Council
As regards the measures provided for in Article 6,
intermediate objectives shall be jointly agreed during                                         The President
the year by the Italian authorities and the Commis
sion .                                                                                M. DURAFOUR
                                                          ANNEX
                                       Treasury transactions referred to in Article 6
             1 . Budgetary receipts
             2 . Budgetary expenditure
                 Budgetary deficit (1 — 2)
             4. Extra-budgetary operations :
                 — as appear in the balance sheet of the treasury
                 — others
             5 . Overall treasury cash deficit (3 4- 4)
             6. Operations of the Cassa Depositi e Prestiti (CDP) and autonomous public undertakings :
                 — main outgoings of the CDP
                 — net financing requirement of autonomous public undertakings
             7 . Borrowing requirement (5 + 6)


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31983L0253

Council Directive 83/253/EEC of 25 May 1983 amending Directive 82/400/EEC amending Directive 77/391/EEC and introducing a supplementary Community measure for the eradication of brucellosis, tuberculosis and leucosis in cattle

Official Journal L 143 , 02/06/1983 P. 0036 - 0036 Finnish special edition: Chapter 3 Volume 16 P. 0115  Spanish special edition: Chapter 03 Volume 28 P. 0028  Swedish special edition: Chapter 3 Volume 16 P. 0115  Portuguese special edition Chapter 03 Volume 28 P. 0028

*****COUNCIL  DIRECTIVE  of 25 May 1983  amending Directive 82/400/EEC amending Directive 77/391/EEC and introducing a supplementary Community measure for the eradication of brucellosis, tuberculosis and leucosis in cattle  (83/253/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic 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),  Whereas Council Directive 82/400/EEC (4) introduced in particular a supplementary Community measure for the eradication of brucellosis, tuberculosis and leucosis in cattle;  Whereas it is necessary, in order to make the allocation of appropriations clearer, to include all expenditure on the Community's various measures in the veterinary field in the chapter covering expenditure in the agricultural sector;  Whereas, in order to apply proper financial and monetary rules and procedures to Community expenditure connected with the implementation of the above measure, the appropriate Articles of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (5), as last amended by Regulation (EEC) No 3509/80 (6), and Council Regulation (EEC) No 129/78 of 24 January 1978 on the exchange rates to be applied for the purposes of the common agricultural structures policy (7) should be made applicable mutatis mutandis thereto,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The following Article 7a is hereby inserted in Directive 82/400/EEC:  'Article 7a  Regulation (EEC) No 129/78 and Articles 8 and 9 of Regulation (EEC) No 729/70 shall apply mutatis mutandis.'  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 25 May 1983.  For the Council  The President  I. KIECHLE  (1) OJ No C 299, 16. 11. 1982, p. 8.  (2) OJ No C 68, 14. 3. 1983, p. 86.  (3) OJ No C 77, 21. 3. 1983, p. 3.  (4) OJ No L 173, 19. 6. 1982, p. 18.  (5) OJ No L 94, 28. 4. 1970, p. 13.  (6) OJ No L 367, 31. 12. 1980, p. 87.  (7) OJ No L 20, 25. 1. 1978, p. 16.


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31977L0027

Commission Directive 77/27/EEC of 22 December 1976 on health marking of large packagings of fresh poultrymeat

Official Journal L 006 , 08/01/1977 P. 0019 - 0020 Greek special edition: Chapter 03 Volume 16 P. 0213

++++COMMISSION DIRECTIVE  OF 22 DECEMBER 1976  ON HEALTH MARKING OF LARGE PACKAGINGS OF FRESH POULTRYMEAT   ( 77/27/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL DIRECTIVE 71/118/EEC OF 15 FEBRUARY 1971 ON HEALTH PROBLEMS AFFECTING TRADE IN FRESH POULTRYMEAT ( 1 ) , AS LAST AMENDED BY COUNCIL DIRECTIVE 75/431/EEC ( 2 ) , AND IN PARTICULAR ARTICLE 3  ( 1 ) A . ( E ) THEREOF ,  WHEREAS TO TAKE ACCOUNT , IN PARTICULAR , OF VARIOUS FORMS OF PRESENTATION USED IN THE TRADE , PROVIDED SUCH FORMS COMPLY WITH THE RULES OF HYGIENE , THE CONDITIONS UNDER WHICH THE MARKETING OF LARGE PACKAGINGS OF CARCASES , PARTS OF CARCASES OR OFFALS , WHICH HAVE NOT BEEN MARKED IN ACCORDANCE WITH NO 44 . 3 . ( A ) OF CHAPTER X MAY BE AUTHORIZED , SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE OF ARTICLE 12A ; WHEREAS CHAPTER X MUST BE SUPPLEMENTED ACCORDINGLY ;  WHEREAS IT IS NECESSARY TO INTRODUCE SPECIAL CONTROL CONDITIONS WHICH ENSURE THAT THE RULES OF HYGIENE ARE COMPLIED WITH AND WHICH ARE VARIABLE ACCORDING TO THE NATURE OF THE TRADE CONCERNED ;  WHEREAS IN THIS INITIAL PHASE THE DEROGATIONS FROM THIS DIRECTIVE SHOULD BE LIMITED TO CARCASES WHICH ARE SUBJECT TO TRADE BETWEEN CERTAIN APPROVED ESTABLISHMENTS ; WHEREAS , AS CONCERNS CARCASES , PARTS OF CARCASES , OR OFFALS , SUBJECT TO OTHER TYPES OF TRADE , SUPPLEMENTARY PROVISIONS WILL BE ADOPTED AT A LATER STAGE ; WHEREAS , IN THE MEANTIME , THERE SHOULD BE MAINTAINED THE PROVISIONS ACTUALLY APPLICABLE IN THIS FIELD ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING VETERINARY COMMITTEE ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  IN DEROGATION FROM CHAPTER X OF ANNEX I TO COUNCIL DIRECTIVE 71/118/EEC OF 15 FEBRUARY 1971 , THE HEALTH MARKING OF CARCASES , PARTS OF CARCASES , OR OFFALS LAID DOWN IN NO 44 . 3 . ( A ) OF THE ABOVEMENTIONED CHAPTER X , IS NOT NECESSARY IN THE FOLLOWING CASES .  ARTICLE 2  CONSIGNMENTS OF CARCASES INCLUDING THOSE WHICH , IN THE SENSE OF CHAPTER VII NO 32 . 2 OF ANNEX 1 TO DIRECTIVE 71/118/EEC HAVE HAD PARTS REMOVED , SHALL BE DISPATCHED FROM AN APPROVED SLAUGHTERHOUSE TO AN APPROVED CUTTING PREMISES FOR CUTTING THEREIN UNDER THE FOLLOWING CONDITIONS :   ( A ) THE LARGE PACKAGING CONTAINING THE FRESH POULTRYMEAT MUST BEAR , ON THE EXTERNAL SURFACE THE HEALTH MARK IN ACCORDANCE WITH NO 44 . 1 . ( B ) AND 44 . 4 OF CHAPTER X OF ANNEX I TO DIRECTIVE 71/118/EEC ;   ( B ) THE DISPATCH OFFICE MAINTAINS A SPECIAL RECORD OF THE AMOUNT , TYPE AND DESTINATION OF CONSIGNMENTS DISPATCHED IN ACCORDANCE WITH THIS DIRECTIVE ;   ( C ) THE RECIPIENT CUTTING PREMISES MAINTAINS A SPECIAL RECORD OF THE AMOUNT , TYPE AND ORIGIN OF CONSIGNMENTS RECEIVED IN ACCORDANCE WITH THIS DIRECTIVE ;   ( D ) THE HEALTH MARKING OF THE LARGE PACKAGING SHALL ONLY BE DESTROYED UNDER THE SUPERVISION OF THE OFFICIAL VETERINARIAN WHEN THE LARGE PACKAGING IS OPENED ;   ( E ) THERE IS CLEARLY INDICATED ON THE EXTERNAL SURFACE OF THE LARGE PACKAGING THE DESTINATION AND INTENDED USE OF THE CONSIGNMENT IN ACCORDANCE WITH THIS ARTICLE AND THE ANNEX TO THIS REGULATION .  ARTICLE 3  THE PROVISIONS AT PRESENT APPLICABLE CONCERNING THE HEALTH MARKING OF CONSIGNMENTS OF CARCASES , PARTS OF CARCASES , OR OFFALS SENT TO DESTINATIONS OTHER THAN THAT MENTIONED IN ARTICLE 2 REMAIN IN FORCE UNTIL 1 JULY 1977 .  ARTICLE 4  THE MEMBER STATES SHALL BRING INTO FORCE NOT LATER THAN 1 JANUARY 1977 , THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THE ARTICLE 2 FOR WHICH THE DATE SHALL BE NOT LATER THAN 1 APRIL 1977 . THEY SHALL IMMEDIATELY INFORM THE COMMISSION THEREOF .  ARTICLE 5  THIS DIRECTIVE SHALL APPLY UNTIL 15 AUGUST 1981 .  ARTICLE 6  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 22 DECEMBER 1976 .  FOR THE COMMISSION  P . J . LARDINOIS  MEMBER OF THE COMMISSION  ( 1 ) OJ NO L 55 , 8 . 3 . 1971 , P . 23 .  ( 2 ) OJ NO L 192 , 24 . 7 . 1975 , P . 6 .  ANNEX  INTENDED USE - CUTTING  ADDRESS OF DESTINATION : ...


title: Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings

text:
               11.3.2016

               EN

               Official Journal of the European Union

               L 65/1

         DIRECTIVE (EU) 2016/343 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 9 March 2016
   on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (b) of Article 82(2) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the ordinary legislative procedure (2),
   Whereas:

               (1)

               The presumption of innocence and the right to a fair trial are enshrined in Articles 47 and 48 of the Charter of Fundamental Rights of the European Union (the Charter), Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the ECHR), Article 14 of the International Covenant on Civil and Political Rights (the ICCPR) and Article 11 of the Universal Declaration of Human Rights.

               (2)

               The Union has set itself the objective of maintaining and developing an area of freedom, security and justice. According to the Presidency conclusions of the European Council in Tampere of 15 and 16 October 1999, and in particular point (33) thereof, enhanced mutual recognition of judgments and other judicial decisions and the necessary approximation of legislation would facilitate cooperation between competent authorities and the judicial protection of individual rights. The principle of mutual recognition should therefore become the cornerstone of judicial cooperation in civil and criminal matters within the Union.

               (3)

               According to the Treaty on the Functioning of the European Union (TFEU), judicial cooperation in criminal matters in the Union is to be based on the principle of mutual recognition of judgments and other judicial decisions.

               (4)

               The implementation of that principle relies on the premise that Member States trust in each other's criminal justice systems. The extent of the principle of mutual recognition is dependent on a number of parameters, which include mechanisms for safeguarding the rights of suspects and accused persons and common minimum standards necessary to facilitate the application of that principle.

               (5)

               Although the Member States are party to the ECHR and to the ICCPR, experience has shown that this in itself does not always provide a sufficient degree of trust in the criminal justice systems of other Member States.

               (6)

               On 30 November 2009, the Council adopted a Resolution on a Roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings (3) (‘the Roadmap’). Taking a step-by-step approach, the Roadmap calls for the adoption of measures regarding the right to translation and interpretation (measure A), the right to information on rights and information about the charges (measure B), the right to legal advice and legal aid (measure C), the right to communicate with relatives, employers and consular authorities (measure D), and special safeguards for suspects or accused persons who are vulnerable (measure E).

               (7)

               On 11 December 2009, the European Council welcomed the Roadmap and made it part of the Stockholm programme — An open and secure Europe serving and protecting citizens (4) (point 2.4). The European Council underlined the non-exhaustive character of the Roadmap, by inviting the Commission to examine further elements of minimum procedural rights for suspects and accused persons, and to assess whether other issues, for instance the presumption of innocence, need to be addressed, in order to promote better cooperation in that area.

               (8)

               Three measures on procedural rights in criminal proceedings have been adopted pursuant to the Roadmap to date, namely Directives 2010/64/EU (5), 2012/13/EU (6) and 2013/48/EU (7) of the European Parliament and of the Council.

               (9)

               The purpose of this Directive is to enhance the right to a fair trial in criminal proceedings by laying down common minimum rules concerning certain aspects of the presumption of innocence and the right to be present at the trial.

               (10)

               By establishing common minimum rules on the protection of procedural rights of suspects and accused persons, this Directive aims to strengthen the trust of Member States in each other's criminal justice systems and thus to facilitate mutual recognition of decisions in criminal matters. Such common minimum rules may also remove obstacles to the free movement of citizens throughout the territory of the Member States.

               (11)

               This Directive should apply only to criminal proceedings as interpreted by the Court of Justice of the European Union (Court of Justice), without prejudice to the case-law of the European Court of Human Rights. This Directive should not apply to civil proceedings or to administrative proceedings, including where the latter can lead to sanctions, such as proceedings relating to competition, trade, financial services, road traffic, tax or tax surcharges, and investigations by administrative authorities in relation to such proceedings.

               (12)

               This Directive should apply to natural persons who are suspects or accused persons in criminal proceedings. It should apply from the moment when a person is suspected or accused of having committed a criminal offence, or an alleged criminal offence, and, therefore, even before that person is made aware by the competent authorities of a Member State, by official notification or otherwise, that he or she is a suspect or accused person. This Directive should apply at all stages of the criminal proceedings until the decision on the final determination of whether the suspect or accused person has committed the criminal offence has become definitive. Legal actions and remedies which are available only once that decision has become definitive, including actions before the European Court of Human Rights, should not fall within the scope of this Directive.

               (13)

               This Directive acknowledges the different needs and levels of protection of certain aspects of the presumption of innocence as regards natural and legal persons. As regards natural persons, such protection is reflected in well-established case-law of the European Court of Human Rights. The Court of Justice has, however, recognised that the rights flowing from the presumption of innocence do not accrue to legal persons in the same way as they do to natural persons.

               (14)

               At the current stage of development of national law and of case-law at national and Union level, it is premature to legislate at Union level on the presumption of innocence with regard to legal persons. This Directive should not, therefore, apply to legal persons. This should be without prejudice to the application of the presumption of innocence as laid down, in particular, in the ECHR and as interpreted by the European Court of Human Rights and by the Court of Justice, to legal persons.

               (15)

               The presumption of innocence with regard to legal persons should be ensured by the existing legislative safeguards and case-law, the evolution of which is to determine whether there is a need for Union action.

               (16)

               The presumption of innocence would be violated if public statements made by public authorities, or judicial decisions other than those on guilt, referred to a suspect or an accused person as being guilty, for as long as that person has not been proved guilty according to law. Such statements and judicial decisions should not reflect an opinion that that person is guilty. This should be without prejudice to acts of the prosecution which aim to prove the guilt of the suspect or accused person, such as the indictment, and without prejudice to judicial decisions as a result of which a suspended sentence takes effect, provided that the rights of the defence are respected. This should also be without prejudice to preliminary decisions of a procedural nature, which are taken by judicial or other competent authorities and are based on suspicion or on elements of incriminating evidence, such as decisions on pre-trial detention, provided that such decisions do not refer to the suspect or accused person as being guilty. Before taking a preliminary decision of a procedural nature the competent authority might first have to verify that there are sufficient elements of incriminating evidence against the suspect or accused person to justify the decision concerned, and the decision could contain reference to those elements.

               (17)

               The term ‘public statements made by public authorities’ should be understood to be any statement which refers to a criminal offence and which emanates from an authority involved in the criminal proceedings concerning that criminal offence, such as judicial authorities, police and other law enforcement authorities, or from another public authority, such as ministers and other public officials, it being understood that this is without prejudice to national law regarding immunity.

               (18)

               The obligation not to refer to suspects or accused persons as being guilty should not prevent public authorities from publicly disseminating information on the criminal proceedings where this is strictly necessary for reasons relating to the criminal investigation, such as when video material is released and the public is asked to help in identifying the alleged perpetrator of the criminal offence, or to the public interest, such as when, for safety reasons, information is provided to the inhabitants of an area affected by an alleged environmental crime or when the prosecution or another competent authority provides objective information on the state of criminal proceedings in order to prevent a public order disturbance. The use of such reasons should be confined to situations in which this would be reasonable and proportionate, taking all interests into account. In any event, the manner and context in which the information is disseminated should not create the impression that the person is guilty before he or she has been proved guilty according to law.

               (19)

               Member States should take appropriate measures to ensure that, when they provide information to the media, public authorities do not refer to suspects or accused persons as being guilty for as long as such persons have not been proved guilty according to law. To that end, Member States should inform public authorities of the importance of having due regard to the presumption of innocence when providing or divulging information to the media. This should be without prejudice to national law protecting the freedom of press and other media.

               (20)

               The competent authorities should abstain from presenting suspects or accused persons as being guilty, in court or in public, through the use of measures of physical restraint, such as handcuffs, glass boxes, cages and leg irons, unless the use of such measures is required for case-specific reasons, either relating to security, including to prevent suspects or accused persons from harming themselves or others or from damaging any property, or relating to the prevention of suspects or accused persons from absconding or from having contact with third persons, such as witnesses or victims. The possibility of applying measures of physical restraint does not imply that the competent authorities are to take any formal decision on the use of such measures.

               (21)

               Where feasible, the competent authorities should also abstain from presenting suspects or accused persons in court or in public while wearing prison clothes, so as to avoid giving the impression that those persons are guilty.

               (22)

               The burden of proof for establishing the guilt of suspects and accused persons is on the prosecution, and any doubt should benefit the suspect or accused person. The presumption of innocence would be infringed if the burden of proof were shifted from the prosecution to the defence, without prejudice to any ex officio fact-finding powers of the court, to the independence of the judiciary when assessing the guilt of the suspect or accused person, and to the use of presumptions of fact or law concerning the criminal liability of a suspect or accused person. Such presumptions should be confined within reasonable limits, taking into account the importance of what is at stake and maintaining the rights of the defence, and the means employed should be reasonably proportionate to the legitimate aim pursued. Such presumptions should be rebuttable and in any event, should be used only where the rights of the defence are respected.

               (23)

               In various Member States not only the prosecution, but also judges and competent courts are charged with seeking both inculpatory and exculpatory evidence. Member States which do not have an adversarial system should be able to maintain their current system provided that it complies with this Directive and with other relevant provisions of Union and international law.

               (24)

               The right to remain silent is an important aspect of the presumption of innocence and should serve as protection from self-incrimination.

               (25)

               The right not to incriminate oneself is also an important aspect of the presumption of innocence. Suspects and accused persons should not be forced, when asked to make statements or answer questions, to produce evidence or documents or to provide information which may lead to self-incrimination.

               (26)

               The right to remain silent and the right not to incriminate oneself should apply to questions relating to the criminal offence that a person is suspected or accused of having committed and not, for example, to questions relating to the identification of a suspect or accused person.

               (27)

               The right to remain silent and the right not to incriminate oneself imply that competent authorities should not compel suspects or accused persons to provide information if those persons do not wish to do so. In order to determine whether the right to remain silent or the right not to incriminate oneself has been violated, the interpretation by the European Court of Human Rights of the right to a fair trial under the ECHR should be taken into account.

               (28)

               The exercise of the right to remain silent or the right not to incriminate oneself should not be used against a suspect or accused person and should not, in itself, be considered to be evidence that the person concerned has committed the criminal offence concerned. This should be without prejudice to national rules concerning the assessment of evidence by courts or judges, provided that the rights of the defence are respected.

               (29)

               The exercise of the right not to incriminate oneself should not prevent the competent authorities from gathering evidence which may be lawfully obtained from the suspect or accused person through the use of legal powers of compulsion and which has an existence independent of the will of the suspect or accused person, such as material acquired pursuant to a warrant, material in respect of which there is a legal obligation of retention and production upon request, breath, blood or urine samples and bodily tissue for the purpose of DNA testing.

               (30)

               The right to remain silent and the right not to incriminate oneself should not preclude Member States from deciding that, with regard to minor offences, such as minor road traffic offences, the conduct of the proceedings, or certain stages thereof, may take place in writing or without questioning of the suspect or accused person by the competent authorities in relation to the offence concerned, provided that this complies with the right to a fair trial.

               (31)

               Member States should consider ensuring that, where suspects or accused persons are provided with information about rights pursuant to Article 3 of Directive 2012/13/EU, they are also provided with information concerning the right not to incriminate oneself, as it applies under national law in accordance with this Directive.

               (32)

               Member States should consider ensuring that, where suspects or accused persons are provided with a Letter of Rights pursuant to Article 4 of Directive 2012/13/EU, such a Letter also contains information concerning the right not to incriminate oneself as it applies under national law in accordance with this Directive.

               (33)

               The right to a fair trial is one of the basic principles in a democratic society. The right of suspects and accused persons to be present at the trial is based on that right and should be ensured throughout the Union.

               (34)

               If, for reasons beyond their control, suspects or accused persons are unable to be present at the trial, they should have the possibility to request a new date for the trial within the time frame provided for in national law.

               (35)

               The right of suspects and accused persons to be present at the trial is not absolute. Under certain conditions, suspects and accused persons should be able, expressly or tacitly, but unequivocally, to waive that right.

               (36)

               Under certain circumstances it should be possible for a decision on the guilt or innocence of a suspect or accused person to be handed down even if the person concerned is not present at the trial. This might be the case where the suspect or accused person has been informed, in due time, of the trial and of the consequences of non-appearance and does not, nevertheless, appear. Informing a suspect or accused person of the trial should be understood to mean summoning him or her in person or, by other means, providing that person with official information about the date and place of the trial in a manner that enables him or her to become aware of the trial. Informing the suspect or accused person of the consequences of non-appearance should, in particular, be understood to mean informing that person that a decision might be handed down if he or she does not appear at the trial.

               (37)

               It should also be possible to hold a trial which may result in a decision on guilt or innocence in the absence of a suspect or accused person where that person has been informed of the trial and has given a mandate to a lawyer who was appointed by that person or by the State to represent him or her at the trial and who represented the suspect or accused person.

               (38)

               When considering whether the way in which the information is provided is sufficient to ensure the person's awareness of the trial, particular attention should, where appropriate, also be paid to the diligence exercised by public authorities in order to inform the person concerned and to the diligence exercised by the person concerned in order to receive information addressed to him or her.

               (39)

               Where Member States provide for the possibility of holding trials in the absence of suspects or accused persons but the conditions for taking a decision in the absence of a particular suspect or accused person are not met because the suspect or accused person could not be located despite reasonable efforts having been made, for example because the person has fled or absconded, it should nevertheless be possible to take a decision in the absence of the suspect or accused person and to enforce that decision. In that case, Member States should ensure that when suspects or accused persons are informed of the decision, in particular when they are apprehended, they should also be informed of the possibility to challenge the decision and of the right to a new trial or to another legal remedy. Such information should be provided in writing. The information may also be provided orally on condition that the fact that the information has been provided is noted in accordance with the recording procedure under national law.

               (40)

               Competent authorities in the Member States should be allowed to exclude a suspect or accused person temporarily from the trial where this is in the interests of securing the proper conduct of the criminal proceedings. This could, for example, be the case where a suspect or accused person disturbs the hearing and must be escorted out of the court room on order of the judge, or where it appears that the presence of a suspect or accused person prevents the proper hearing of a witness.

               (41)

               The right to be present at the trial can be exercised only if one or more hearings are held. This means that the right to be present at the trial cannot apply if the relevant national rules of procedure do not provide for a hearing. Such national rules should comply with the Charter and with the ECHR, as interpreted by the Court of Justice and by the European Court of Human Rights, in particular with regard to the right to a fair trial. This is the case, for example, if the proceedings are conducted in a simplified manner following, solely or in part, a written procedure or a procedure in which no hearing is provided for.

               (42)

               Member States should ensure that in the implementation of this Directive, in particular with regard to the right to be present at the trial and the right to a new trial, the particular needs of vulnerable persons are taken into account. According to the Commission Recommendation of 27 November 2013 on procedural safeguards for vulnerable persons suspected or accused in criminal proceedings (8), vulnerable suspects or accused persons should be understood to mean all suspects or accused persons who are not able to understand or effectively participate in criminal proceedings due to their age, their mental or physical condition or any disabilities they may have.

               (43)

               Children are vulnerable and should be given a specific degree of protection. Therefore, in respect of some of the rights provided for in this Directive, specific procedural safeguards should be established.

               (44)

               The principle of effectiveness of Union law requires that Member States put in place adequate and effective remedies in the event of a breach of a right conferred upon individuals by Union law. An effective remedy, which is available in the event of a breach of any of the rights laid down in this Directive, should, as far as possible, have the effect of placing the suspects or accused persons in the same position in which they would have found themselves had the breach not occurred, with a view to protecting the right to a fair trial and the rights of the defence.

               (45)

               When assessing statements made by suspects or accused persons or evidence obtained in breach of the right to remain silent or the right not to incriminate oneself, courts and judges should respect the rights of the defence and the fairness of the proceedings. In that context, regard should be had to the case-law of the European Court of Human Rights, according to which the admission of statements obtained as a result of torture or of other ill-treatment in breach of Article 3 ECHR as evidence to establish the relevant facts in criminal proceedings would render the proceedings as a whole unfair. According to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, any statement which is established to have been made as a result of torture should not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.

               (46)

               In order to monitor and evaluate the effectiveness of this Directive, Member States should send available data with regard to the implementation of the rights laid down in this Directive to the Commission. Such data could include records made by law enforcement and judicial authorities as regards remedies applied in the case of a breach of any of the aspects of the presumption of innocence covered by this Directive or of the right to be present at the trial.

               (47)

               This Directive upholds the fundamental rights and principles recognised by the Charter and by the ECHR, including the prohibition of torture and inhuman or degrading treatment, the right to liberty and security, respect for private and family life, the right to the integrity of the person, the rights of the child, the integration of persons with disabilities, the right to an effective remedy and the right to a fair trial, the presumption of innocence and the rights of the defence. Regard should be had, in particular, to Article 6 of the Treaty on European Union (TEU), according to which the Union recognises the rights, freedoms and principles set out in the Charter, and according to which fundamental rights, as guaranteed by the ECHR and as they result from the constitutional traditions common to the Member States, are to constitute general principles of Union law.

               (48)

               As this Directive establishes minimum rules, Member States should be able to extend the rights laid down in this Directive in order to provide a higher level of protection. The level of protection provided for by Member States should never fall below the standards provided for by the Charter or by the ECHR, as interpreted by the Court of Justice and by the European Court of Human Rights.

               (49)

               Since the objectives of this Directive, namely setting common minimum rules for certain aspects of the presumption of innocence and for the right to be present at the trial in criminal proceedings, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

               (50)

               In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the TEU and to the TFEU and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Directive and are not bound by it or subject to its application.

               (51)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Directive, and is not bound by it or subject to its application,

         HAVE ADOPTED THIS DIRECTIVE:
   CHAPTER 1

      SUBJECT MATTER AND SCOPE

   Article 1
   Subject matter
   This Directive lays down common minimum rules concerning:

               (a)

               certain aspects of the presumption of innocence in criminal proceedings;

               (b)

               the right to be present at the trial in criminal proceedings.

         Article 2
   Scope
   This Directive applies to natural persons who are suspects or accused persons in criminal proceedings. It applies at all stages of the criminal proceedings, from the moment when a person is suspected or accused of having committed a criminal offence, or an alleged criminal offence, until the decision on the final determination of whether that person has committed the criminal offence concerned has become definitive.
   CHAPTER 2

      PRESUMPTION OF INNOCENCE

   Article 3
   Presumption of innocence
   Member States shall ensure that suspects and accused persons are presumed innocent until proved guilty according to law.
   Article 4
   Public references to guilt
   1.   Member States shall take the necessary measures to ensure that, for as long as a suspect or an accused person has not been proved guilty according to law, public statements made by public authorities, and judicial decisions, other than those on guilt, do not refer to that person as being guilty. This shall be without prejudice to acts of the prosecution which aim to prove the guilt of the suspect or accused person, and to preliminary decisions of a procedural nature, which are taken by judicial or other competent authorities and which are based on suspicion or incriminating evidence.
   2.   Member States shall ensure that appropriate measures are available in the event of a breach of the obligation laid down in paragraph 1 of this Article not to refer to suspects or accused persons as being guilty, in accordance with this Directive and, in particular, with Article 10.
   3.   The obligation laid down in paragraph 1 not to refer to suspects or accused persons as being guilty shall not prevent public authorities from publicly disseminating information on the criminal proceedings where strictly necessary for reasons relating to the criminal investigation or to the public interest.
   Article 5
   Presentation of suspects and accused persons
   1.   Member States shall take appropriate measures to ensure that suspects and accused persons are not presented as being guilty, in court or in public, through the use of measures of physical restraint.
   2.   Paragraph 1 shall not prevent Member States from applying measures of physical restraint that are required for case-specific reasons, relating to security or to the prevention of suspects or accused persons from absconding or from having contact with third persons.
   Article 6
   Burden of proof
   1.   Member States shall ensure that the burden of proof for establishing the guilt of suspects and accused persons is on the prosecution. This shall be without prejudice to any obligation on the judge or the competent court to seek both inculpatory and exculpatory evidence, and to the right of the defence to submit evidence in accordance with the applicable national law.
   2.   Member States shall ensure that any doubt as to the question of guilt is to benefit the suspect or accused person, including where the court assesses whether the person concerned should be acquitted.
   Article 7
   Right to remain silent and right not to incriminate oneself
   1.   Member States shall ensure that suspects and accused persons have the right to remain silent in relation to the criminal offence that they are suspected or accused of having committed.
   2.   Member States shall ensure that suspects and accused persons have the right not to incriminate themselves.
   3.   The exercise of the right not to incriminate oneself shall not prevent the competent authorities from gathering evidence which may be lawfully obtained through the use of legal powers of compulsion and which has an existence independent of the will of the suspects or accused persons.
   4.   Member States may allow their judicial authorities to take into account, when sentencing, cooperative behaviour of suspects and accused persons.
   5.   The exercise by suspects and accused persons of the right to remain silent or of the right not to incriminate oneself shall not be used against them and shall not be considered to be evidence that they have committed the criminal offence concerned.
   6.   This Article shall not preclude Member States from deciding that, with regard to minor offences, the conduct of the proceedings, or certain stages thereof, may take place in writing or without questioning of the suspect or accused person by the competent authorities in relation to the offence concerned, provided that this complies with the right to a fair trial.
   CHAPTER 3

      RIGHT TO BE PRESENT AT THE TRIAL

   Article 8
   Right to be present at the trial
   1.   Member States shall ensure that suspects and accused persons have the right to be present at their trial.
   2.   Member States may provide that a trial which can result in a decision on the guilt or innocence of a suspect or accused person can be held in his or her absence, provided that:

               (a)

               the suspect or accused person has been informed, in due time, of the trial and of the consequences of non-appearance; or

               (b)

               the suspect or accused person, having been informed of the trial, is represented by a mandated lawyer, who was appointed either by the suspect or accused person or by the State.

         3.   A decision which has been taken in accordance with paragraph 2 may be enforced against the person concerned.
   4.   Where Member States provide for the possibility of holding trials in the absence of suspects or accused persons but it is not possible to comply with the conditions laid down in paragraph 2 of this Article because a suspect or accused person cannot be located despite reasonable efforts having been made, Member States may provide that a decision can nevertheless be taken and enforced. In that case, Member States shall ensure that when suspects or accused persons are informed of the decision, in particular when they are apprehended, they are also informed of the possibility to challenge the decision and of the right to a new trial or to another legal remedy, in accordance with Article 9.
   5.   This Article shall be without prejudice to national rules that provide that the judge or the competent court can exclude a suspect or accused person temporarily from the trial where necessary in the interests of securing the proper conduct of the criminal proceedings, provided that the rights of the defence are complied with.
   6.   This Article shall be without prejudice to national rules that provide for proceedings or certain stages thereof to be conducted in writing, provided that this complies with the right to a fair trial.
   Article 9
   Right to a new trial
   Member States shall ensure that, where suspects or accused persons were not present at their trial and the conditions laid down in Article 8(2) were not met, they have the right to a new trial, or to another legal remedy, which allows a fresh determination of the merits of the case, including examination of new evidence, and which may lead to the original decision being reversed. In that regard, Member States shall ensure that those suspects and accused persons have the right to be present, to participate effectively, in accordance with procedures under national law, and to exercise the rights of the defence.
   CHAPTER 4

      GENERAL AND FINAL PROVISIONS

   Article 10
   Remedies
   1.   Member States shall ensure that suspects and accused persons have an effective remedy if their rights under this Directive are breached.
   2.   Without prejudice to national rules and systems on the admissibility of evidence, Member States shall ensure that, in the assessment of statements made by suspects or accused persons or of evidence obtained in breach of the right to remain silent or the right not to incriminate oneself, the rights of the defence and the fairness of the proceedings are respected.
   Article 11
   Data collection
   Member States shall, by 1 April 2020 and every three years thereafter, send to the Commission available data showing how the rights laid down in this Directive have been implemented.
   Article 12
   Report
   The Commission shall, by 1 April 2021, submit a report to the European Parliament and to the Council on the implementation of this Directive.
   Article 13
   Non-regression
   Nothing in this Directive shall be construed as limiting or derogating from any of the rights and procedural safeguards that are ensured under the Charter, the ECHR, or other relevant provisions of international law or the law of any Member State which provides a higher level of protection.
   Article 14
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 April 2018. They shall immediately inform the Commission thereof.
   When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
   Article 15
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 16
   Addressees
   This Directive is addressed to the Member States in accordance with the Treaties.

      Done at Strasbourg, 9 March 2016.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         J.A. HENNIS-PLASSCHAERT

      (1)  OJ C 226, 16.7.2014, p. 63.

      (2)  Position of the European Parliament of 20 January 2016 (not yet published in the Official Journal) and decision of the Council of 12 February 2016.

      (3)  OJ C 295, 4.12.2009, p. 1.

      (4)  OJ C 115, 4.5.2010, p. 1.

      (5)  Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, p. 1).

      (6)  Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ L 142, 1.6.2012, p. 1).

      (7)  Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294, 6.11.2013, p. 1).

      (8)  OJ C 378, 24.12.2013, p. 8.


title: Directive 2007/63/EC of the European Parliament and of the Council of 13 November 2007 amending Council Directives 78/855/EEC and 82/891/EEC as regards the requirement of an independent expert’s report on the occasion of merger or division of public limited liability companies

text:
               17.11.2007

               EN

               Official Journal of the European Union

               L 300/47

      DIRECTIVE 2007/63/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 13 November 2007
   amending Council Directives 78/855/EEC and 82/891/EEC as regards the requirement of an independent expert’s report on the occasion of merger or division of public limited liability companies
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2)(g) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Community policies on better regulation, in particular those set out in the two Communications from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled respectively ‘A strategic review of Better Regulation in the European Union’, of 14 November 2006, and ‘Action Programme for Reducing Administrative Burdens in the European Union’, of 24 January 2007, stress the importance of reducing the administrative burdens imposed on enterprises by existing legislation as a crucial element for improving the competitiveness of such enterprises and for achieving the objectives of the Lisbon agenda.

               (2)

               Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (3) provides for an exemption from the obligation to have the draft terms of merger examined by independent experts and a report drawn up by such experts for the shareholders of the companies involved in the merger, if all the shareholders agree that such a report is not needed.

               (3)

               Council Directive 78/855/EEC (4) concerning mergers of public limited liability companies does not contain any similar exemption in respect of the draft terms of merger, while Council Directive 82/891/EEC (5) concerning the division of public limited liability companies leaves it to the Member States whether or not to provide for such an exemption in respect of the draft terms of division.

               (4)

               There is no reason to require such an examination by an independent expert for the shareholders if all the shareholders agree that it may be dispensed with. Any modification of Directives 78/855/EEC and 82/891/EEC allowing such agreement by shareholders should be without prejudice to the systems of protection of the interests of creditors of the companies involved, to be established by Member States in accordance with those Directives, as well as to any rules aimed at ensuring the provision of information to the employees of the companies involved.

               (5)

               Directives 78/855/EEC and 82/891/EEC should therefore be amended accordingly,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   The purpose of this Directive is to amend Directives 78/855/EEC and 82/891/EEC as regards the requirement of an independent expert’s report on the occasion of merger or division of public limited liability companies.
   Article 2
   Directive 78/855/EEC is hereby amended as follows:

               1.

               in Article 10, the following paragraph shall be added:
               ‘4.   Neither an examination of the draft terms of merger nor an expert report shall be required if all the shareholders and the holders of other securities conferring the right to vote of each of the companies involved in the merger have so agreed.’;

               2.

               in Article 11(1), point (e) shall be replaced by the following:

                           ‘(e)

                           where applicable, the reports provided for in Article 10.’.

         Article 3
   Directive 82/891/EEC is hereby amended as follows:

               1.

               in Article 9(1), point (e) shall be replaced by the following:

                           ‘(e)

                           where applicable, the reports provided for in Article 8.’;

               2.

               Article 10 shall be replaced by the following:
               ‘Article 10
               1.   Neither an examination of the draft terms of division nor an expert report as provided for in Article 8(1) shall be required if all the shareholders and the holders of other securities conferring the right to vote of each of the companies involved in the division have so agreed.
               2.   Member States may permit the non-application of Article 7 and Article 9(1)(c) and (d) if all the shareholders and the holders of other securities conferring the right to vote of each of the companies involved in the division have so agreed.’.

         Article 4
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2008. They shall forthwith communicate to the Commission the text of these measures and a correlation table between them and this Directive.
   When they are adopted by Member States, these measures shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 5
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 6
   This Directive is addressed to the Member States.

      Done at Strasbourg, 13 November 2007.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         M. LOBO ANTUNES

      (1)  OJ C 175, 27.7.2007, p. 33.

      (2)  Opinion of the European Parliament of 11 July 2007 (not yet published in the Official Journal) and Council Decision of 22 October 2007.

      (3)  OJ L 310, 25.11.2005, p. 1.

      (4)  Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited liability companies (OJ L 295, 20.10.1978, p. 36). Directive as last amended by Directive 2006/99/EC (OJ L 363, 20.12.2006, p. 137).

      (5)  Sixth Council Directive 82/891/EEC of 17 December 1982 based on Article 54(3)(g) of the Treaty, concerning the division of public limited liability companies (OJ L 378, 31.12.1982, p. 47).