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31988L0298

Council Directive 88/298/EEC of 16 May 1988 amending Annex II to Directives 76/895/EEC and 86/362/EEC relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables and cereals respectively

Official Journal L 126 , 20/05/1988 P. 0053 - 0054 Finnish special edition: Chapter 3 Volume 26 P. 0180  Swedish special edition: Chapter 3 Volume 26 P. 0180

*****COUNCIL  DIRECTIVE  of 16 May 1988  amending Annex II to Directives 76/895/EEC and 86/362/EEC relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables and cereals respectively  (88/298/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (1), as last amended by Regulation (EEC) No 3768/85 (2), and in particular Article 5 thereof,  Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (3), and in particular Article 11 thereof,  Having regard to the proposal from the Commission,  Whereas, in the light of technical and scientific progress and of the requirements of public health and agriculture, it is necessary to amend the provisions, particularly the maximum levels, contained in Annex II to Directive 76/895/EEC relating to captafol, captan, chlorfenvinphos, dodine, fenitrothion, folpet, formothion and malathion;  Whereas, for the same reasons, it seems desirable to update Directive 76/895/EEC by adding provisions relating to further pesticides, residues of which may occur in and on fruit and vegetables, namely, ethion, ethylene dibromide, mevinphos, phosalone and 2, 4, 5-T, and to update Directive 86/362/EEC by adding provisions relating to a further pesticide the residues of which may occur in cereals, namely, captafol,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Annex II to Directive 76/895/EEC is hereby amended as follows:  1. For the pesticides set out below, the maximum residual levels contained in the table are replaced by the following:  1.2,3 //  //  // Common name  // Maximum levels (in mg/kg (ppm))  //  //  // 1.2.3 // captafol   // 0,05:   //  // captan sum folpet   // 3:   // pome fruit, berries and small fruit, grapes, tomatoes   //   // 2:   // beans, broad-leaved endives, endives, leeks, stone-fruit, lettuce, peas   //   // 0,1:   // other products   // chlorfenvinphos (sum of E- and Z-isomers)   // 1:   // citrus fruit   //  // 0,5:   // bulb, tuber and root vegetables, celery and parsley   //   // 0,05:   // mushrooms, other fruit   //  // 0,1:   // other vegetables   // dodine   // 1:   // pome and stone fruit   //   // 0,2:   // other products  // fenitrothion   // 2:   // citrus fruit   //   // 0,5:  // other products   // formothion   // 0,2:   // citrus fruit  //   // 0,1:   // other products   // malathion (including malaoxon)   // 2:   // citrus fruit   //   // 3:  // vegetables, except root vegetables   //   // 0,5: 1985, p. 8. (3) OJ No L 221, 7. 8. 1986, p. 37.  2. The following pesticide residues together with their corresponding particulars are inserted in the table:  1,2.3,4 //  //  // Pesticide residues  // Maximum levels (in mg/kg (ppm))  //  // 1.2.3.4 // Common name  // Chemical formula  //  //  //  //  //  //  // ethion  // 0,0,0,0-tetraethyl S , S-methylene di (phosphorodi-thioate)   // 2: 0,5:   // citrus fruit pome and stone fruit and grapes  //   //   // 0,1:   // other products   // ethylene dibromide  // 1,2-dibromoethane   // 0,01   //   // mevinphos  // 2-methoxy-carbonyl-1-methyl-vinyl dimethyl phosphate (sum of cis and transisomers)   // 0,2: 0,5:   // pome and citrus fruit and apricots other stone fruit, leafy vegetables   //  //   // 0,1:   // other products   // phosalone  // S-(6-chloro-2-oxobenzo-oxazolin-3-yl) methyl 00-diethyl phosphorodithioate   // 1: 2:   // citrus fruit and strawberries pome fruit and peaches   //   //   // 0,1:  // root vegetables and olives   //   //   // 1:   // other products   // 2,4,5-T   // (2,4,5-tri-chlorophenoxy)-acetic acid   // 0,05   //   //    //   //   //  Article 2  The following pesticide residue is hereby added to Part A of Annex II to Directive 86/362/EEC:  1.2 //  //  // Pesticide residues  // Maximum levels in mg/kg (ppm)   //    //   // 19. captafol   // 0,05   //    //  Article 3  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive  - not later than 1 July 1988 in the case of captafol, captane and folpet;  - not later than 1 January 1989 in the case of the other pesticides.  They shall forthwith inform the Commission thereof.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 16 May 1988.  For the Council  The President  I. KIECHLE  // other products   //    //   //  (1) OJ No L 340, 9. 12. 1976, p. 26. (2) OJ No L 362, 31. 12.


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31963L0340

Council Directive 63/340/EEC of 31 May 1963 on the abolition of all prohibitions on or obstacles to payments for services where the only restrictions on exchange of services are those governing such payments

Official Journal 086 , 10/06/1963 P. 1609 - 1610 Danish special edition: Series I Chapter 1963-1964 P. 0028  English special edition: Series I Chapter 1963-1964 P. 0031  Spanish special edition: Chapter 06 Volume 1 P. 0022  Portuguese special edition Chapter 06 Volume 1 P. 0022

++++( 1 ) OJ NO 2 , 15 . 1 . 1962 , P . 32/62 .  ( 2 ) OJ NO 33 , 4 . 3 . 1963 , P . 474/63 .  COUNCIL DIRECTIVE OF 31 MAY 1963 ON THE ABOLITION OF ALL PROHIBITIONS ON OR OBSTACLES TO PAYMENTS FOR SERVICES WHERE THE ONLY RESTRICTIONS ON EXCHANGE OF SERVICES ARE THOSE GOVERNING SUCH PAYMENTS  ( 63/340/EEC )  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 63 AND 106 ( 2 ) THEREOF ;  HAVING REGARD TO THE GENERAL PROGRAMME FOR THE ABOLITION OF RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES , ( 1 ) AND IN PARTICULAR THE FIRST PARAGRAPH OF TITLE V B THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ;  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ;  WHEREAS MOST RESTRICTIONS ON PAYMENTS RELATING TO THE EXCHANGE OF SERVICES HAVE BEEN ABOLISHED BY MEMBER STATES AND IT IS THEREFORE APPROPRIATE TO COMPLETE AND CONSOLIDATE THIS LIBERALISATION WITHIN THE COMMUNITY ;  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  MEMBER STATES SHALL ABOLISH THE RESTRICTIONS LAID DOWN BY LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS OR RESULTING FROM ADMINISTRATIVE PRACTICE , IN RESPECT OF PAYMENT FOR THE EXCHANGE OF SERVICES WHERE THOSE RESTRICTIONS ALONE CAUSE THE PROVISION OF SERVICES WITHIN THE COMMUNITY TO BE PROHIBITED OR IMPEDED TO THE DETRIMENT OF NATIONALS OF MEMBER STATES OR OF COMPANIES OR FIRMS SPECIFIED IN TITLE I OF THE GENERAL PROGRAMME FOR THE ABOLITION OF RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES . MEMBER STATES SHALL THEREFORE GRANT ALL FOREIGN EXCHANGE AUTHORISATIONS NEEDED FOR THE TRANSFER OF SUCH PAYMENTS ; MEMBER STATES SHALL ENABLE SUCH TRANSFERS TO BE MADE ON THE BASIS OF EXCHANGE RATES RULING FOR PAYMENTS ON CURRENT TRANSACTIONS .  ARTICLE 2  THIS DIRECTIVE SHALL NOT DEROGATE FROM THE RIGHT OF MEMBER STATES TO VERIFY THE NATURE AND GENUINENESS OF PAYMENTS AND TO TAKE ALL REQUISITE MEASURES TO PREVENT INFRINGEMENTS OF THEIR LAWS AND REGULATIONS .  ARTICLE 3  THIS DIRECTIVE SHALL APPLY TO THE SERVICES SPECIFIED IN ARTICLES 59 AND 60 OF THE TREATY .  IT SHALL NOT , HOWEVER , APPLY TO SERVICES IN CONNECTION WITH TRANSPORT OR TO FOREIGN EXCHANGE ALLOWANCES FOR TOURISTS .  ARTICLE 4  MEMBER STATES SHALL , WITHIN THREE MONTHS OF NOTIFICATION OF THIS DIRECTIVE , PUT INTO FORCE THE MEASURES REQUIRED TO COMPLY WITH ITS PROVISIONS AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 5  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 31 MAY 1963 .  FOR THE COUNCIL  THE PRESIDENT  EUGENE SCHAUS


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31990L0394

Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Official Journal L 196 , 26/07/1990 P. 0001 - 0007 Finnish special edition: Chapter 5 Volume 4 P. 0208  Swedish special edition: Chapter 5 Volume 4 P. 0208

COUNCIL DIRECTIVE of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (90/394/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof,  Having regard to the proposal from the Commission (1), drawn up following consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work,  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Article 118a of the Treaty provides that the Council is to adopt, by means of Directives, minimum requirements in order to encourage improvements, especially in the working environment, so as to guarantee better protection of the health and  safety of workers;  Whereas, according to that Article, such directives must avoid imposing administrative, financial and legal constraint in a way which would hold back the creation and development of small and medium-sized undertakings;  Whereas the Council resolution of 27 February 1984 on a second action programme of the European Communities on safety and health at work (4) provides for the development of protective measures for workers exposed to carcinogens;   Whereas the Commission communication on its programme concerning safety, hygiene and health at work (5) provides for the adoption of Directives to guarantee the health and safety of workers;  Whereas compliance with the minimum requirements designed to guarantee a better standard of health and safety as regards the protection of workers from the risks related to exposure to carcinogens at work is essential to ensure the health and safety of  workers;  Whereas this Directive is an individual Directive within the meaning of Article 16 (1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the health and safety of workers at work (6); whereas  therefore the provisions of that Directive are fully applicable to the exposure of workers to carcinogens, without prejudice to more stringent and/or specific provisions contained in this Directive;  Whereas Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (7), as last amended by Directive 88/490/EEC  (8), contains a list of dangerous substances, together with particulars on the classification and labelling procedures in respect of each substance;  Whereas Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and  administrative provisions relating to the classification, packaging and labelling of dangerous preparations (9), as last amended by Directive 89/178/EEC (10), contains particulars on the classification and labelling procedures in respect of such preparations;  Whereas the plan of action 1987 to 1989 adopted under the 'Europe against cancer' programme provides for support for European studies on the possible cancer risks of certain chemical substances;  Whereas, although current scientific knowledge is not such that a level can be established below which risks to health cease to exist, a reduction in exposure to carcinogens will nonetheless reduce those risks;  Whereas nevertheless, in order to contribute to a reduction in these risks, limit values and other directly related provisions should be established for all those carcinogens for which the available information, including scientific and technical data,  make this possible;  Whereas preventive measures must be taken for the protection of the health and safety of workers exposed to carcinogens;  Whereas this Directive lays down particular requirements specific to exposure to carcinogens;  Whereas this Directive constitutes a practical aspect of the realization of the social dimension of the internal market;  Whereas, pursuant to Decision 74/325/EEC (11), as last amended by the 1985 Act of Accession, the Advisory Committee on Safety, Hygiene and Health Protection at Work is to be consulted by the Commission with a view to drawing up proposals in this field,   HAS ADOPTED THIS DIRECTIVE:   SECTION I GENERAL PROVISIONS Article 1 Objective 1.  This Directive, which is the sixth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC, has as its aim the protection of workers against risks to their health and safety, including the prevention of such risks, arising  or likely to arise from exposure to carcinogens at work.   It lays down particular minimum requirements in this area, including limit values.  2.  This Directive shall not apply to workers exposed only to radiation covered by the Treaty establishing the European Atomic Energy Community.  3.  Directive 89/391/EEC shall apply fully to the whole area referred to in paragraph 1, without prejudice to more stringent and/or specific provisions contained in this Directive.  Article 2 Definition For the purposes of this Directive, 'carcinogen' means:  (a)  a substance to which, in Annex I to Directive 67/548/EEC, the risk-phrase R 45 'may cause cancer' is applied;  (b) a preparation which, under Article 3 (5) (j) of Directive 88/379/EEC, must be labelled as R 45 'may cause cancer';  (c) a substance, a preparation or a process referred to in Annex I as well as a substance or preparation released by a process referred to in Annex I.  Article 3 Scope - determination and assessment of risks 1.  This Directive shall apply to activities in which workers are or are likely to be exposed to carcinogens as a result of their work.  2.  In the case of any activity likely to involve a risk of exposure to carcinogens, the nature, degree and duration of workers' exposure must be determined in order to make it possible to assess any risk to the workers' health or safety and to lay down  the measures to be taken.  The assessment must be renewed regularly and in any event when any change occurs in the conditions which may affect workers' exposure to carcinogens.  The employer must supply the authorities responsible at their request with the information used for making the assessment.  3.  Furthermore, when assessing the risk, account shall be taken of all other cases of major exposure, such as those with harmful effects on the skin.  4.  When the assessment referred to in paragraph 2 is carried out, employers shall give particular attention to any effects concerning the health or safety of workers at particular risk and shall, inter alia, take account of the desirability of not employing such workers in areas where they may come into contact with carcinogens.   SECTION II EMPLOYERS' OBLIGATIONS Article 4 Reduction and replacement 1.  The employer shall reduce the use of a carcinogen at the place of work, in particular by replacing it, in so far as is technically possible, by a substance, preparation or process which, under its conditions of use, is not dangerous or is less  dangerous to workers' health or safety, as the case may be.  2.  The employer shall, upon request, submit the findings of his investigations to the relevant authorities.  Article 5 Prevention and reduction of exposure 1.  Where the results of the assessment referred to in Article 3 (2) reveal a risk to workers' health or safety, workers' exposure must be prevented.  2.  Where it is not technically possible to replace the carcinogen by a substance, preparation or process which, under its conditions of use, is not dangerous or is less dangerous to health or safety, the employer shall ensure that the carcinogen is, in  so far as is technically possible, manufactured and used in a closed system.  3.  Where a closed system is not technically possible, the employer shall ensure that the level of exposure of workers is reduced to as low a level as is technically possible.  4.  Wherever a carcinogen is used, the employer shall apply all the following measures:  (a)  limitation of the quantities of a carcinogen at the place of work;  (b) keeping as low as possible the number of workers exposed or likely to be exposed;  (c) design of work processes and engineering control measures so as to avoid or minimize the release of carcinogens into the place of work;  (d) evacuation of carcinogens at source, local extraction system or general ventilation, all such methods to be appropriate and compatible with the need to protect public health and the environment;  (e) use of existing appropriate procedures for the measurement of carcinogens, in particular for the early detection of abnormal exposures resulting from an unforeseeable event or an accident;  a)   (f) application of suitable working procedures and methods;  (g) collective protection measures and/or, where exposure cannot be avoided by other means, individual protection measures;  (h) hygiene measures, in particular regular cleaning of floors, walls and other surfaces;  (i) information for workers;  (j) demarcation of risk areas and use of adequate warning and safety signs including 'no smoking' signs in areas where workers are exposed or likely to be exposed to carcinogens;  (k) drawing up plans to deal with emergencies likely to result in abnormally high exposure;  (l) means for safe storage, handling and transportation, in particular by using sealed and clearly and visibly labelled containers;  (m) means for safe collection, storage and disposal of waste by workers, including the use of sealed and clearly and visibly labelled containers.  Article 6 Information for the competent authority Where the results of the assessment referred to in Article 3 (2) reveal a risk to workers' health or safety, employers shall, when requested, make available to the competent authority appropriate information on:  (a)  the activities and/or industrial processes carried out, including the reasons for which carcinogens are used;  (b) the quantities of substances or preparations manufactured or used which contain carcinogens;  (c) the number of workers exposed;  (d) the preventive measures taken;  (e) the type of protective equipment used;  (f) the nature and degree of exposure;  (g) the cases of replacement.  Article 7 Unforeseen exposure 1.  In the event of an unforeseeable event or an accident which is likely to result in an abnormal exposure of workers, the employer shall inform the workers thereof.  2.  Until the situation has been restored to normal and the causes of the abnormal exposure have been eliminated:  (a)  only those workers who are essential to the carrying out of repairs and other necessary work shall be permitted to work in the affected area;  (b) the workers concerned shall be provided with protective clothing and individual respiratory protection equipment which they must wear; the exposure may not be permanent and shall be kept to the strict minimum of time necessary for each worker;  (c) unprotected workers shall not be allowed to work in the affected area.  Article 8 Foreseeable exposure 1.  For certain activities such as maintenance, in respect of which it is foreseeable that there is the potential for a significant increase in exposure of workers, and in respect of which all scope for further technical preventive measures for limiting  workers' exposure has already been exhausted, the employer shall determine, after consultation of the workers and/or their representatives in the undertaking or establishment, without prejudice to the employer's responsibility, the measures necessary to  reduce the duration of workers' exposure to the minimum possible and to ensure protection of workers while they are engaged in such activities.  Pursuant to the first subparagraph, the workers concerned shall be provided with protective clothing and individual respiratory protection equipment which they must wear as long as the abnormal exposure persists; that exposure may not be permanent and  shall be kept to the strict minimum of time necessary for each worker.  2.  Appropriate measures shall be taken to ensure that the areas in which the activities referred to in the first subparagraph of paragraph 1 take place are clearly demarcated and indicated or that unauthorized persons are prevented by other means from  having access to such areas.  Article 9 Access to risk areas Appropriate measures shall be taken by employers to ensure that access to areas in which the activities in respect of which the results of the assessment referred to in Article 3 (2) reveal a risk to workers' safety or health take place are accessible solely to workers who, by reason of their work or duties, are required to enter them.  Article 10 Hygiene and individual protection 1.  Employers shall be obliged, in the case of all activities for which there is a risk of contamination by carcinogens, to take appropriate measures to ensure that:  (a)  workers do not eat, drink or smoke in working areas where there is a risk of contamination by carcinogens;  (b) workers are provided with appropriate protective clothing or other appropriate special clothing;  separate storage places are provided for working or protective clothing and for street clothes;  (c) workers are provided with appropriate and adequate washing and toilet facilities;  (d) protective equipment is properly stored in a well-defined place;  it is checked and cleaned if possible before, and in any case after, each use;  defective equipment is repaired or replaced before further use.  2.  Workers may not be charged for the cost of these measures.  Article 11 Information and training of workers 1.  Appropriate measures shall be taken by the employer to ensure that workers and/or workers' representatives in the undertaking or establishment receive sufficient and appropriate training, on the basis of all available information, in particular in  the form of information and instructions, concerning:  (a)  potential risks to health, including the additional risks due to tobacco consumption;  (b) precautions to be taken to prevent exposure;  (c) hygiene requirements;  (d) wearing and use of protective equipment and clothing;  (e) steps to be taken by workers, including rescue workers, in the case of incidents and to prevent incidents.  The training shall be:  - adapted to take account of new or changed risk, and - repeated periodically if necessary.  2.  Employers shall inform workers of installations and related containers containing carcinogens, ensure that all containers, packages and installations containing carcinogens are labelled clearly and legibly, and display clearly visible warning and  hazard signs.  Article 12 Information for workers Appropriate measures shall be taken to ensure that:  (a)  workers and/or any workers' representatives in the undertaking or establishment can check that this Directive is applied or can be involved in its application, in particular with regard to:  i(i)  the consequences for workers' safety and health of the selection, wearing and use of protective clothing and equipment, without prejudice to the employer's responsibility for determining the effectiveness of protective clothing and equipment;  (ii)  the measures determined by the employer which are referred to in the first subparagraph of Article 8 (1), without prejudice to the employer's responsibility for determining such measures;  (b) workers and/or any workers' representatives in the undertaking or establishment are informed as quickly as possible of abnormal exposures, including those referred to in Article 8, of the causes thereof and of the measures taken or to be taken to  rectify the situation;  (c) the employer keeps an up-to-date list of the workers engaged in the activities in respect of which the results of the assessment referred to in Article 3 (2) reveal a risk to workers' health or safety, indicating, if the information is available, the  exposure to which they have been subjected;  (d) the doctor and/or the competent authority as well as all other persons who have responsibility for health and safety at work have access to the list referred to in subparagraph (c);  (e) each worker has access to the information on the list which relates to him personally;  (f) workers and/or any workers' representatives in the undertaking or establishment have access to anonymous collective information.  Article 13 Consultation and participation of workers Consultation and participation of workers and/or their representatives in connection with matters covered by this Directive, including the Annexes hereto, shall take place in accordance with Article 11 of Directive 89/391/EEC.   SECTION III MISCELLANEOUS PROVISIONS Article 14 Health surveillance 1.  The Member States shall establish, in accordance with national laws and/or practice, arrangements for carrying out relevant health surveillance of workers for whom the results of the assessment referred to in Article 3 (2) reveal a risk to health or  safety.  2.  The arrangements referred to in paragraph 1 shall be such that each worker shall be able to undergo, if appropriate, relevant health surveillance:  - prior to exposure,  - at regular intervals thereafter.  Those arrangements shall be such that it is directly possible to implement individual and occupational hygiene measures.  3.  If a worker is found to be suffering from an abnormality which is suspected to be the result of exposure to carcinogens, the doctor or authority responsible for the health surveillance of workers may require other workers who have been similarly  exposed to undergo health surveillance.  In that event, a reassessment of the risk of exposure shall be carried out in accordance with Article 3 (2).  4.  In cases where health surveillance is carried out, an individual medical record shall be kept and the doctor or authority responsible for health surveillance shall propose any protective or preventive measures to be taken in respect of any  individual workers.  5.  Information and advice must be given to workers regarding any health surveillance which they may undergo following the end of exposure.  6.  In accordance with national laws and/or practice:  - workers shall have access to the results of the health surveillance which concern them, and - the workers concerned or the employer may request a review of the results of the health surveillance.  7.  Practical recommendations for the health surveillance of workers are given in Annex II.  8.  All cases of cancer identified in accordance with national laws and/or practice as resulting from occupational exposure to a carcinogen shall be notified to the competent authority.  Article 15 Record-keeping 1.  The list referred to in Article 12 (c) and the medical record referred to in Article 14 (4) shall be kept for at least 40 years following the end of exposure, in accordance with national laws and/or practice.  2.  Those documents shall be made available to the responsible authority in cases where the undertaking ceases activity, in accordance with national laws and/or practice.  Article 16 Limit values 1.  The Council shall, in accordance with the procedure laid down in Article 118a of the Treaty, set out limit values in Directives on the basis of the available information, including scientific and technical data, in respect of all those carcinogens  for which this is possible, and, where necessary, other directly related provisions.  2.  Limit values and other directly related provisions shall be set out in Annex III.  Article 17 Annexes 1.  Annexes I and III may be amended in accordance only with the procedure laid down in Article 118a of the Treaty.  2.  Purely technical adjustments to Annex II in the light of technical progress, changes in international regulations or specifications and new findings in the field of carcinogens shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.  Article 18 Use of data The Commission shall have access to the use made by the competent national authorities of the information referred to in Article 14 (8).  Article 19 Final provisions 1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1992.  Should Directives 67/548/EEC or 88/379/EEC be amended by amending Directives after notification of this Directive with respect to the substances and preparations referred to in Article 2 (a) and (b), Member States shall bring into force the laws,  regulations and administrative provisions necessary to introduce the amendments in question into the provisions referred to in the first subparagraph by the deadlines laid down for implementation of such amending Directives.  Member States shall forthwith inform the Commission that the provisions referred to in this paragraph have been brought into force.  2.  Member States shall communicate to the Commission the provisions of national law already adopted or which they adopt in the future in the field governed by this Directive.  Article 20 This Directive is addressed to the Member States.   Done at Luxembourg, 28 June 1990.  For the Council The President M. GEOGHEGAN-QUINN  (1) OJ No C 34, 8. 2. 1988, p. 9. (2) OJ No C 158, 26. 6. 1989, p. 121 and OJ No C 149, 18. 6. 1990. (3) OJ No C 208, 8. 8. 1988, p. 43.(4) OJ No C 67, 8. 3. 1984, p. 2.(5) OJ No C 28, 3. 2. 1988, p. 1. (6) OJ No L 183, 29. 6. 1989, p. 1. (7) OJ No 196, 16. 8. 1967, p. 1. (8) OJ No L 259, 19. 9. 1988, p. 1.(9) OJ No L 187, 16. 7. 1988, p. 14. (10) OJ No L 64, 8. 3. 1989, p. 18. (11) OJ No L 185, 9. 7. 1974, p. 15.   ANNEX I   List of substances, preparations and processes (Article 2 (c))  1.  Manufacture of auramine.  2.  Work involving exposure to aromatic polycyclic hydrocarbons present in coal soots, tar, pitch, fumes or dust.  3.  Work involving exposure to dusts, fumes and sprays produced during the roasting and electro-refining of cupro-nickel mattes.  4.  Strong acid process in the manufacture of isopropyl alcohol.    ANNEX II   Practical recommendations for the health surveillance of workers (Article 14 (7))  1.  The doctor and/or authority responsible for the health monitoring of workers exposed to carcinogens must be familiar with the exposure conditions or circumstances of  each worker.  2.  Health monitoring of workers must be carried out in accordance with the principles and practices of occupational medicine; it must include at least the following measures:  - keeping records of a worker's medical and occupational history,  - a personal interview,  - where appropriate, biological monitoring, as well as detection of early and reversible effects.  Further tests may be decided upon for each worker when he is the subject of health monitoring, in the light of the most recent knowledge available to occupational medicine.    ANNEX III   Limit values and other directly related provisions (Article 16)  A.  Limit values p.m.  B.  Other directly related privisions p.m.


title: Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures

text:
               31.3.2010

               EN

               Official Journal of the European Union

               L 84/1

         COUNCIL DIRECTIVE 2010/24/EU
   of 16 March 2010
   concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 113 and 115 thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   Acting in accordance with a special legislative procedure,
   Whereas:

               (1)

               Mutual assistance between the Member States for the recovery of each others’ claims and those of the Union with respect to certain taxes and other measures contributes to the proper functioning of the internal market. It ensures fiscal neutrality and has allowed Member States to remove discriminatory protective measures in cross-border transactions designed to prevent fraud and budgetary losses.

               (2)

               Arrangements for mutual assistance for recovery were first set out in Council Directive 76/308/EEC of 15 March 1976 on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of the agricultural levies and customs duties (3). That Directive and the acts amending it were codified by Council Directive 2008/55/EC of 26 May 2008 on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures (4).

               (3)

               Those arrangements, however, while providing a first step towards improved recovery procedures within the Union by approximating applicable national rules, have proved insufficient to meet the requirements of the internal market as it has evolved over the last 30 years.

               (4)

               To better safeguard the financial interests of the Member States and the neutrality of the internal market, it is necessary to extend the scope of mutual assistance for recovery to claims relating to taxes and duties not yet covered by mutual assistance for recovery, whilst in order to cope with the increase in assistance requests and to deliver better results, it is necessary to make assistance more efficient and effective and to facilitate it in practice. In order to fulfil these objectives, important adaptations are necessary, whereby a mere modification of the existing Directive 2008/55/EC would not be sufficient. The latter should therefore be repealed and replaced by a new legal instrument which builds on the achievements of Directive 2008/55/EC but provides for clearer and more precise rules where necessary.

               (5)

               Clearer rules would promote a wider information exchange between Member States. They would also ensure that all legal and natural persons in the Union are covered, taking into account the ever increasing range of legal arrangements, including not only traditional arrangements such as trusts and foundations, but any new instrument which may be set up by taxpayers in the Member States. They would furthermore make it possible to take account of all forms that claims of the public authorities relating to taxes, duties, levies, refunds and interventions may take, including all pecuniary claims against the taxpayer concerned or against a third party which substitute the original claim. Clearer rules are primarily necessary to define better the rights and obligations of all the parties concerned.

               (6)

               This Directive should not affect the Member States’ competence to determine the recovery measures available under their internal legislation. However, it is necessary to ensure that neither disparities between national laws nor lack of coordination between competent authorities jeopardise the seamless operation of the mutual assistance system provided for in this Directive.

               (7)

               Mutual assistance may consist of the following: the requested authority may supply the applicant authority with the information which the latter needs in order to recover claims arising in the applicant Member State and notify to the debtor all documents relating to such claims emanating from the applicant Member State. The requested authority may also recover, at the request of the applicant authority, the claims arising in the applicant Member State, or take precautionary measures to guarantee the recovery of these claims.

               (8)

               The adoption of a uniform instrument to be used for enforcement measures in the requested Member State, as well as the adoption of a uniform standard form for notification of instruments and decisions relating to the claim, should resolve the problems of recognition and translation of instruments emanating from another Member State, which constitute a major cause of the inefficiency of the current arrangements for assistance.

               (9)

               A legal basis for exchange of information without prior request on specific tax refunds should be created. For reasons of efficiency, it should also be rendered possible for tax officials of a Member State to attend or to participate in administrative enquiries in another Member State. Provision should also be made for more direct information exchange between services with a view to making assistance faster and more efficient.

               (10)

               Given the increasing mobility within the internal market, and the restrictions imposed by the Treaty or other legislation on the guarantees that can be requested from taxpayers not established within the national territory, the possibilities for requesting recovery or precautionary measures in another Member State should be extended. As the age of a claim is a critical factor, it should be possible for Member States to make a request for mutual assistance, even though the domestic means of recovery have not yet been fully exhausted, inter alia, where recourse to such procedures in the applicant Member State would give rise to disproportionate difficulty.

               (11)

               A general obligation to communicate requests and documents in a digital form and via an electronic network, and with precise rules on the use of languages for requests and documents, should allow Member States to handle requests faster and more easily.

               (12)

               During the recovery procedure in the requested Member State, the claim, the notification made by the authorities of the applicant Member State or the instrument authorising its enforcement might be contested by the person concerned. It should be laid down that in such cases the person concerned should bring the action before the competent body of the applicant Member State and that the requested authority should suspend, unless the applicant authority requests otherwise, any enforcement proceedings which it has begun until a decision is taken by the competent body of the applicant Member State.

               (13)

               To encourage Member States to devote sufficient resources to the recovery of other Member States’ claims, the requested Member State should be able to recover the costs related to recovery from the debtor.

               (14)

               Efficiency would be best achieved if, when executing a request for assistance, the requested authority could make use of the powers provided under its national laws applying to claims concerning the same or similar taxes or duties. In the absence of a similar tax or duty, the most appropriate procedure would be that provided under the laws of the requested Member State which applies to claims concerning the tax levied on personal income. This use of national legislation should not, as a general rule, apply with regard to the preferences accorded to claims arising in the requested Member State. However, it should be made possible to extend preferences to claims of other Member States based on an agreement between the Member States concerned.

               (15)

               With regard to questions on limitation, it is necessary to simplify the existing rules, by providing that the suspension, interruption or prolongation of periods of limitation is in general determined according to the laws in force in the requested Member State, except where suspension, interruption or prolongation of the period of limitation is not possible under the laws in force in that State.

               (16)

               Efficiency requires that information communicated in the course of mutual assistance may be used in the Member State receiving the information for purposes other than those provided for in this Directive, where this is allowed under the domestic legislation of both the Member State providing the information and the Member State receiving the information.

               (17)

               This Directive should not prevent the fulfilment of any obligation to provide wider assistance ensuing from bilateral or multilateral agreements or arrangements.

               (18)

               The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

               (19)

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

               (20)

               Since the objectives of this Directive, namely the provision of a uniform system of recovery assistance within the internal market, cannot be sufficiently achieved by the Member States and can therefore, by reason of the uniformity, effectiveness and efficiency required, be better achieved at the level of the Union, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

               (21)

               This Directive respects the fundamental rights and observes the principles which are recognised in particular by the Charter of Fundamental Rights of the European Union,

         HAS ADOPTED THIS DIRECTIVE:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Subject matter
   This Directive lays down the rules under which the Member States are to provide assistance for the recovery in a Member State of any claims referred to in Article 2 which arise in another Member State.
   Article 2
   Scope
   1.   This Directive shall apply to claims relating to the following:

               (a)

               all taxes and duties of any kind levied by or on behalf of a Member State or its territorial or administrative subdivisions, including the local authorities, or on behalf of the Union;

               (b)

               refunds, interventions and other measures forming part of the system of total or partial financing of the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), including sums to be collected in connection with these actions;

               (c)

               levies and other duties provided for under the common organisation of the market for the sugar sector.

         2.   The scope of this Directive shall include:

               (a)

               administrative penalties, fines, fees and surcharges relating to the claims for which mutual assistance may be requested in accordance with paragraph 1, imposed by the administrative authorities that are competent to levy the taxes or duties concerned or carry out administrative enquiries with regard to them, or confirmed by administrative or judicial bodies at the request of those administrative authorities;

               (b)

               fees for certificates and similar documents issued in connection with administrative procedures related to taxes and duties;

               (c)

               interest and costs relating to the claims for which mutual assistance may be requested in accordance with paragraph 1 or point (a) or (b) of this paragraph.

         3.   This Directive shall not apply to:

               (a)

               compulsory social security contributions payable to the Member State or a subdivision of the Member State, or to social security institutions established under public law;

               (b)

               fees not referred to in paragraph 2;

               (c)

               dues of a contractual nature, such as consideration for public utilities;

               (d)

               criminal penalties imposed on the basis of a public prosecution or other criminal penalties not covered by paragraph 2(a).

         Article 3
   Definitions
   For the purposes of this Directive:

               (a)

               ‘applicant authority’ means a central liaison office, a liaison office or a liaison department of a Member State which makes a request for assistance concerning a claim referred to in Article 2;

               (b)

               ‘requested authority’ means a central liaison office, a liaison office or a liaison department of a Member State to which a request for assistance is made;

               (c)

               ‘person’ means:

                           (i)

                           a natural person;

                           (ii)

                           a legal person;

                           (iii)

                           where the legislation in force so provides, an association of persons recognised as having the capacity to perform legal acts but lacking the legal status of a legal person; or

                           (iv)

                           any other legal arrangement of whatever nature and form, which has legal personality or not, owning or managing assets which, including income derived therefrom, are subject to any of the taxes covered by this Directive;

               (d)

               ‘by electronic means’ means using electronic equipment for the processing, including digital compression, and storage of data, and employing wires, radio transmission, optical technologies or other electromagnetic means;

               (e)

               ‘CCN network’ means the common platform based on the common communication network (CCN) developed by the Union for all transmissions by electronic means between competent authorities in the area of customs and taxation.

         Article 4
   Organisation
   1.   Each Member State shall inform the Commission by 20 May 2010 of its competent authority or authorities (hereinafter respectively referred to as the ‘competent authority’) for the purpose of this Directive and shall inform the Commission without delay of any changes thereof.
   The Commission shall make the information received available to the other Member States and publish a list of the competent authorities of the Member States in the Official Journal of the European Union.
   2.   The competent authority shall designate a central liaison office which shall have principal responsibility for contacts with other Member States in the field of mutual assistance covered by this Directive.
   The central liaison office may also be designated as responsible for contacts with the Commission.
   3.   The competent authority of each Member State may designate liaison offices which shall be responsible for contacts with other Member States concerning mutual assistance with regard to one or more specific types or categories of taxes and duties referred to in Article 2.
   4.   The competent authority of each Member State may designate offices, other than the central liaison office or liaison offices, as liaison departments. Liaison departments shall request or grant mutual assistance under this Directive in relation to their specific territorial or operational competences.
   5.   Where a liaison office or a liaison department receives a request for mutual assistance requiring action outside the competence assigned to it, it shall forward the request without delay to the competent office or department, if known, or to the central liaison office, and inform the applicant authority thereof.
   6.   The competent authority of each Member State shall inform the Commission of its central liaison office and any liaison offices or liaison departments which it has designated. The Commission shall make the information received available to the Member States.
   7.   Every communication shall be sent by or on behalf or, on a case by case basis, with the agreement of the central liaison office, which shall ensure effectiveness of communication.
   CHAPTER II

      EXCHANGE OF INFORMATION

   Article 5
   Request for information
   1.   At the request of the applicant authority, the requested authority shall provide any information which is foreseeably relevant to the applicant authority in the recovery of its claims as referred to in Article 2.
   For the purpose of providing that information, the requested authority shall arrange for the carrying-out of any administrative enquiries necessary to obtain it.
   2.   The requested authority shall not be obliged to supply information:

               (a)

               which it would not be able to obtain for the purpose of recovering similar claims arising in the requested Member State;

               (b)

               which would disclose any commercial, industrial or professional secrets;

               (c)

               the disclosure of which would be liable to prejudice the security of or be contrary to the public policy of the requested Member State.

         3.   Paragraph 2 shall in no case be construed as permitting a requested authority of a Member State to decline to supply information solely because this information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person.
   4.   The requested authority shall inform the applicant authority of the grounds for refusing a request for information.
   Article 6
   Exchange of information without prior request
   Where a refund of taxes or duties, other than value-added tax, relates to a person established or resident in another Member State, the Member State from which the refund is to be made may inform the Member State of establishment or residence of the upcoming refund.
   Article 7
   Presence in administrative offices and participation in administrative enquiries
   1.   By agreement between the applicant authority and the requested authority and in accordance with the arrangements laid down by the requested authority, officials authorised by the applicant authority may, with a view to promoting mutual assistance provided for in this Directive:

               (a)

               be present in the offices where the administrative authorities of the requested Member State carry out their duties;

               (b)

               be present during administrative enquiries carried out in the territory of the requested Member State;

               (c)

               assist the competent officials of the requested Member State during court proceedings in that Member State.

         2.   In so far as it is permitted under the legislation in force in the requested Member State, the agreement referred to in paragraph 1(b) may provide that officials of the applicant Member State may interview individuals and examine records.
   3.   Officials authorised by the applicant authority who make use of the possibilities offered by paragraphs 1 and 2 shall at all times be able to produce written authority stating their identity and their official capacity.
   CHAPTER III

      ASSISTANCE FOR THE NOTIFICATION OF DOCUMENTS

   Article 8
   Request for notification of certain documents relating to claims
   1.   At the request of the applicant authority, the requested authority shall notify to the addressee all documents, including those of a judicial nature, which emanate from the applicant Member State and which relate to a claim as referred to in Article 2 or to its recovery.
   The request for notification shall be accompanied by a standard form containing at least the following information:

               (a)

               name, address and other data relevant to the identification of the addressee;

               (b)

               the purpose of the notification and the period within which notification should be effected;

               (c)

               a description of the attached document and the nature and amount of the claim concerned;

               (d)

               name, address and other contact details regarding:

                           (i)

                           the office responsible with regard to the attached document, and, if different;

                           (ii)

                           the office where further information can be obtained concerning the notified document or concerning the possibilities to contest the payment obligation.

         2.   The applicant authority shall make a request for notification pursuant to this article only when it is unable to notify in accordance with the rules governing the notification of the document concerned in the applicant Member State, or when such notification would give rise to disproportionate difficulties.
   3.   The requested authority shall forthwith inform the applicant authority of any action taken on its request for notification and, more especially, of the date of notification of the document to the addressee.
   Article 9
   Means of notification
   1.   The requested authority shall ensure that notification in the requested Member State is effected in accordance with the national laws, regulations and administrative practices in force in the requested Member State.
   2.   Paragraph 1 shall be without prejudice to any other form of notification made by a competent authority of the applicant Member State in accordance with the rules in force in that Member State.
   A competent authority established in the applicant Member State may notify any document directly by registered mail or electronically to a person within the territory of another Member State.
   CHAPTER IV

      RECOVERY OR PRECAUTIONARY MEASURES

   Article 10
   Request for recovery
   1.   At the request of the applicant authority, the requested authority shall recover claims which are the subject of an instrument permitting enforcement in the applicant Member State.
   2.   As soon as any relevant information relating to the matter which gave rise to the request for recovery comes to the knowledge of the applicant authority, it shall forward it to the requested authority.
   Article 11
   Conditions governing a request for recovery
   1.   The applicant authority may not make a request for recovery if and as long as the claim and/or the instrument permitting its enforcement in the applicant Member State are contested in that Member State, except in cases where the third subparagraph of Article 14(4) applies.
   2.   Before the applicant authority makes a request for recovery, appropriate recovery procedures available in the applicant Member State shall be applied, except in the following situations:

               (a)

               where it is obvious that there are no assets for recovery in the applicant Member State or that such procedures will not result in the payment in full of the claim, and the applicant authority has specific information indicating that the person concerned has assets in the requested Member State;

               (b)

               where recourse to such procedures in the applicant Member State would give rise to disproportionate difficulty.

         Article 12
   Instrument permitting enforcement in the requested Member State and other accompanying documents
   1.   Any request for recovery shall be accompanied by a uniform instrument permitting enforcement in the requested Member State.
   This uniform instrument permitting enforcement in the requested Member State shall reflect the substantial contents of the initial instrument permitting enforcement, and constitute the sole basis for the recovery and precautionary measures taken in the requested Member State. It shall not be subject to any act of recognition, supplementing or replacement in that Member State.
   The uniform instrument permitting enforcement shall contain at least the following information:

               (a)

               information relevant to the identification of the initial instrument permitting enforcement, a description of the claim, including its nature, the period covered by the claim, any dates of relevance to the enforcement process, and the amount of the claim and its different components such as principal, interest accrued, etc.;

               (b)

               name and other data relevant to the identification of the debtor;

               (c)

               name, address and other contact details regarding:

                           (i)

                           the office responsible for the assessment of the claim, and, if different;

                           (ii)

                           the office where further information can be obtained concerning the claim or the possibilities for contesting the payment obligation.

         2.   The request for recovery of a claim may be accompanied by other documents relating to the claim issued in the applicant Member State.
   Article 13
   Execution of the request for recovery
   1.   For the purpose of the recovery in the requested Member State, any claim in respect of which a request for recovery has been made shall be treated as if it was a claim of the requested Member State, except where otherwise provided for in this Directive. The requested authority shall make use of the powers and procedures provided under the laws, regulations or administrative provisions of the requested Member State applying to claims concerning the same or, in the absence of the same, a similar tax or duty, except where otherwise provided for in this Directive.
   If the requested authority considers that the same or similar taxes or duties are not levied on its territory, it shall make use of the powers and procedures provided under the laws, regulations or administrative provisions of the requested Member State which apply to claims concerning the tax levied on personal income, except where otherwise provided for in this Directive.
   The requested Member State shall not be obliged to grant other Member States’ claims preferences accorded to similar claims arising in that Member State, except where otherwise agreed between the Member States concerned or provided in the law of the requested Member State. A Member State which grants preferences to another Member State’s claims may not refuse to grant the same preferences to the same or similar claims of other Member States on the same conditions.
   The requested Member State shall recover the claim in its own currency.
   2.   The requested authority shall inform the applicant authority with due diligence of any action it has taken on the request for recovery.
   3.   From the date on which the recovery request is received, the requested authority shall charge interest for late payment in accordance with the laws, regulations and administrative provisions in force in the requested Member State.
   4.   The requested authority may, where the laws, regulations or administrative provisions in force in the requested Member State so permit, allow the debtor time to pay or authorise payment by instalment and it may charge interest in that respect. It shall subsequently inform the applicant authority of any such decision.
   5.   Without prejudice to Article 20(1), the requested authority shall remit to the applicant authority the amounts recovered with respect to the claim and the interest referred to in paragraphs 3 and 4 of this Article.
   Article 14
   Disputes
   1.   Disputes concerning the claim, the initial instrument permitting enforcement in the applicant Member State or the uniform instrument permitting enforcement in the requested Member State and disputes concerning the validity of a notification made by a competent authority of the applicant Member State shall fall within the competence of the competent bodies of the applicant Member State. If, in the course of the recovery procedure, the claim, the initial instrument permitting enforcement in the applicant Member State or the uniform instrument permitting enforcement in the requested Member State is contested by an interested party, the requested authority shall inform that party that such an action must be brought by the latter before the competent body of the applicant Member State in accordance with the laws in force there.
   2.   Disputes concerning the enforcement measures taken in the requested Member State or concerning the validity of a notification made by a competent authority of the requested Member State shall be brought before the competent body of that Member State in accordance with its laws and regulations.
   3.   Where an action as referred to in paragraph 1 has been brought before the competent body of the applicant Member State, the applicant authority shall inform the requested authority thereof and shall indicate the extent to which the claim is not contested.
   4.   As soon as the requested authority has received the information referred to in paragraph 3, either from the applicant authority or from the interested party, it shall suspend the enforcement procedure, as far as the contested part of the claim is concerned, pending the decision of the body competent in the matter, unless the applicant authority requests otherwise in accordance with the third subparagraph of this paragraph.
   At the request of the applicant authority, or where otherwise deemed to be necessary by the requested authority, and without prejudice to Article 16, the requested authority may take precautionary measures to guarantee recovery in so far as the laws or regulations in force in the requested Member State allow such action.
   The applicant authority may, in accordance with the laws, regulations and administrative practices in force in the applicant Member State, ask the requested authority to recover a contested claim or the contested part of a claim, in so far as the relevant laws, regulations and administrative practices in force in the requested Member State allow such action. Any such request shall be reasoned. If the result of contestation is subsequently favourable to the debtor, the applicant authority shall be liable for reimbursing any sums recovered, together with any compensation due, in accordance with the laws in force in the requested Member State.
   If a mutual agreement procedure has been initiated by the competent authorities of the applicant Member State or the requested Member State, and the outcome of the procedure may affect the claim in respect of which assistance has been requested, the recovery measures shall be suspended or stopped until that procedure has been terminated, unless it concerns a case of immediate urgency because of fraud or insolvency. If the recovery measures are suspended or stopped, the second subparagraph shall apply.
   Article 15
   Amendment or withdrawal of the request for recovery assistance
   1.   The applicant authority shall inform the requested authority immediately of any subsequent amendment to its request for recovery or of the withdrawal of its request, indicating the reasons for amendment or withdrawal.
   2.   If the amendment of the request is caused by a decision of the competent body referred to in Article 14(1), the applicant authority shall communicate this decision together with a revised uniform instrument permitting enforcement in the requested Member State. The requested authority shall then proceed with further recovery measures on the basis of the revised instrument.
   Recovery or precautionary measures already taken on the basis of the original uniform instrument permitting enforcement in the requested Member State may be continued on the basis of the revised instrument, unless the amendment of the request is due to invalidity of the initial instrument permitting enforcement in the applicant Member State or the original uniform instrument permitting enforcement in the requested Member State.
   Articles 12 and 14 shall apply in relation to the revised instrument.
   Article 16
   Request for precautionary measures
   1.   At the request of the applicant authority, the requested authority shall take precautionary measures, if allowed by its national law and in accordance with its administrative practices, to ensure recovery where a claim or the instrument permitting enforcement in the applicant Member State is contested at the time when the request is made, or where the claim is not yet the subject of an instrument permitting enforcement in the applicant Member State, in so far as precautionary measures are also possible, in a similar situation, under the national law and administrative practices of the applicant Member State.
   The document drawn up for permitting precautionary measures in the applicant Member State and relating to the claim for which mutual assistance is requested, if any, shall be attached to the request for precautionary measures in the requested Member State. This document shall not be subject to any act of recognition, supplementing or replacement in the requested Member State.
   2.   The request for precautionary measures may be accompanied by other documents relating to the claim, issued in the applicant Member State.
   Article 17
   Rules governing the request for precautionary measures
   In order to give effect to Article 16, Articles 10(2), 13(1) and (2), 14, and 15 shall apply mutatis mutandis.
   Article 18
   Limits to the requested authority’s obligations
   1.   The requested authority shall not be obliged to grant the assistance provided for in Articles 10 to 16 if recovery of the claim would, because of the situation of the debtor, create serious economic or social difficulties in the requested Member State, in so far as the laws, regulations and administrative practices in force in that Member State allow such exception for national claims.
   2.   The requested authority shall not be obliged to grant the assistance provided for in Articles 5 and 7 to 16, if the initial request for assistance pursuant to Article 5, 7, 8, 10 or 16 is made in respect of claims which are more than 5 years old, dating from the due date of the claim in the applicant Member State to the date of the initial request for assistance.
   However, in cases where the claim or the initial instrument permitting enforcement in the applicant Member State is contested, the 5-year period shall be deemed to begin from the moment when it is established in the applicant Member State that the claim or the instrument permitting enforcement may no longer be contested.
   Moreover, in cases where a postponement of the payment or instalment plan is granted by the competent authorities of the applicant Member State, the 5-year period shall be deemed to begin from the moment when the entire payment period has come to its end.
   However, in those cases the requested authority shall not be obliged to grant the assistance in respect of claims which are more than 10 years old, dating from the due date of the claim in the applicant Member State.
   3.   A Member State shall not be obliged to grant assistance if the total amount of the claims covered by this Directive, for which assistance is requested, is less than EUR 1 500.
   4.   The requested authority shall inform the applicant authority of the grounds for refusing a request for assistance.
   Article 19
   Questions on limitation
   1.   Questions concerning periods of limitation shall be governed solely by the laws in force in the applicant Member State.
   2.   In relation to the suspension, interruption or prolongation of periods of limitation, any steps taken in the recovery of claims by or on behalf of the requested authority in pursuance of a request for assistance which have the effect of suspending, interrupting or prolonging the period of limitation according to the laws in force in the requested Member State shall be deemed to have the same effect in the applicant Member State, on condition that the corresponding effect is provided for under the laws in force in the applicant Member State.
   If suspension, interruption or prolongation of the period of limitation is not possible under the laws in force in the requested Member State, any steps taken in the recovery of claims by or on behalf of the requested authority in pursuance of a request for assistance which, if they had been carried out by or on behalf of the applicant authority in its Member State, would have had the effect of suspending, interrupting or prolonging the period of limitation according to the laws in force in the applicant Member State shall be deemed to have been taken in the latter State, in so far as that effect is concerned.
   The first and second subparagraphs shall not affect the right of the competent authorities in the applicant Member State to take measures to suspend, interrupt or prolong the period of limitation in accordance with the laws in force in that Member State.
   3.   The applicant authority and the requested authority shall inform each other of any action which interrupts, suspends or prolongs the limitation period of the claim for which the recovery or precautionary measures were requested, or which may have this effect.
   Article 20
   Costs
   1.   In addition to the amounts referred to in Article 13(5), the requested authority shall seek to recover from the person concerned and retain the costs linked to the recovery that it incurred, in accordance with the laws and regulations of the requested Member State.
   2.   Member States shall renounce all claims on each other for the reimbursement of costs arising from any mutual assistance they grant each other pursuant to this Directive.
   However, where recovery creates a specific problem, concerns a very large amount in costs or relates to organised crime, the applicant and requested authorities may agree reimbursement arrangements specific to the cases in question.
   3.   Notwithstanding paragraph 2, the applicant Member State shall remain liable to the requested Member State for any costs and any losses incurred as a result of actions held to be unfounded, as far as either the substance of the claim or the validity of the instrument permitting enforcement and/or precautionary measures issued by the applicant authority are concerned.
   CHAPTER V

      GENERAL RULES GOVERNING ALL TYPES OF ASSISTANCE REQUESTS

   Article 21
   Standard forms and means of communication
   1.   Requests pursuant to Article 5(1) for information, requests pursuant to Article 8(1) for notification, requests pursuant to Article 10(1) for recovery or requests pursuant to Article 16(1) for precautionary measures shall be sent by electronic means, using a standard form, unless this is impracticable for technical reasons. As far as possible, these forms shall also be used for any further communication with regard to the request.
   The uniform instrument permitting enforcement in the requested Member State, the document permitting precautionary measures in the applicant Member State and the other documents referred to in Articles 12 and 16 shall also be sent by electronic means, unless this is impracticable for technical reasons.
   Where appropriate, the standard forms may be accompanied by reports, statements and any other documents, or certified true copies or extracts thereof, which shall also be sent by electronic means, unless this is impracticable for technical reasons.
   Standard forms and communication by electronic means may also be used for the exchange of information pursuant to Article 6.
   2.   Paragraph 1 shall not apply to the information and documentation obtained through the presence in administrative offices in another Member State or through the participation in administrative enquiries in another Member State, in accordance with Article 7.
   3.   If communication is not made by electronic means or with use of standard forms, this shall not affect the validity of the information obtained or of the measures taken in the execution of a request for assistance.
   Article 22
   Use of languages
   1.   All requests for assistance, standard forms for notification and uniform instruments permitting enforcement in the requested Member States shall be sent in, or shall be accompanied by a translation into, the official language, or one of the official languages, of the requested Member State. The fact that certain parts thereof are written in a language other than the official language, or one of the official languages, of the requested Member State, shall not affect their validity or the validity of the procedure, in so far as that other language is one agreed between the Member States concerned.
   2.   The documents for which notification is requested pursuant to Article 8 may be sent to the requested authority in an official language of the applicant Member State.
   3.   Where a request is accompanied by documents other than those referred to in paragraphs 1 and 2, the requested authority may, where necessary, require from the applicant authority a translation of such documents into the official language, or one of the official languages of the requested Member State, or into any other language bilaterally agreed between the Member States concerned.
   Article 23
   Disclosure of information and documents
   1.   Information communicated in any form pursuant to this Directive shall be covered by the obligation of official secrecy and enjoy the protection extended to similar information under the national law of the Member State which received it.
   Such information may be used for the purpose of applying enforcement or precautionary measures with regard to claims covered by this Directive. It may also be used for assessment and enforcement of compulsory social security contributions.
   2.   Persons duly accredited by the Security Accreditation Authority of the European Commission may have access to this information only in so far as it is necessary for care, maintenance and development of the CCN network.
   3.   The Member State providing the information shall permit its use for purposes other than those referred to in paragraph 1 in the Member State receiving the information, if, under the legislation of the Member State providing the information, the information may be used for similar purposes.
   4.   Where the applicant or requested authority considers that information obtained pursuant to this Directive is likely to be useful for the purposes referred to in paragraph 1 to a third Member State, it may transmit that information to that third Member State, provided this transmission is in accordance with the rules and procedures laid down in this Directive. It shall inform the Member State of origin of the information about its intention to share that information with a third Member State. The Member State of origin of the information may oppose such a sharing of information within ten working days of the date at which it received the communication from the Member State wishing to share the information.
   5.   Permission to use information pursuant to paragraph 3 which has been transmitted pursuant to paragraph 4 may be granted only by the Member State from which the information originates.
   6.   Information communicated in any form pursuant to this Directive may be invoked or used as evidence by all authorities within the Member State receiving the information on the same basis as similar information obtained within that State.
   CHAPTER VI

      FINAL PROVISIONS

   Article 24
   Application of other agreements on assistance
   1.   This Directive shall be without prejudice to the fulfilment of any obligation to provide wider assistance ensuing from bilateral or multilateral agreements or arrangements, including for the notification of legal or extra-legal acts.
   2.   Where the Member States conclude such bilateral or multilateral agreements or arrangements on matters covered by this Directive other than to deal with individual cases, they shall inform the Commission thereof without delay. The Commission shall in turn inform the other Member States.
   3.   When providing such greater measure of mutual assistance under a bilateral or multilateral agreement or arrangement, Member States may make use of the electronic communication network and the standard forms adopted for the implementation of this Directive.
   Article 25
   Committee
   1.   The Commission shall be assisted by the Recovery Committee.
   2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
   The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at 3 months.
   Article 26
   Implementing provisions
   The Commission shall adopt, in accordance with the procedure referred to in Article 25(2), detailed rules for implementing Article 4(2), (3) and (4), Article 5(1), Articles 8, 10, 12(1), Article 13(2), (3), (4) and (5), Articles 15, 16(1) and 21(1).
   Those rules shall relate to at least the following:

               (a)

               the practical arrangements with regard to the organisation of the contacts between the central liaison offices, the other liaison offices and the liaison departments, referred to in Article 4(2), (3) and (4), of different Member States, and the contacts with the Commission;

               (b)

               the means by which communications between authorities may be transmitted;

               (c)

               the format and other details of the standard forms to be used for the purposes of Article 5(1), Articles 8, 10(1), Article 12(1) and Article 16(1);

               (d)

               the conversion of the sums to be recovered and the transfer of sums recovered.

         Article 27
   Reporting
   1.   Each Member State shall inform the Commission annually by 31 March of the following:

               (a)

               the number of requests for information, notification and recovery or for precautionary measures which it sends to each requested Member State and which it receives from each applicant Member State each year;

               (b)

               the amount of the claims for which recovery assistance is requested and the amounts recovered.

         2.   Member States may also provide any other information that may be useful for evaluating the provision of mutual assistance under this Directive.
   3.   The Commission shall report every 5 years to the European Parliament and the Council on the operation of the arrangements established by this Directive.
   Article 28
   Transposition
   1.   Member States shall adopt and publish, by 31 December 2011, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
   They shall apply these provisions from 1 January 2012.
   When these provisions are adopted by Member States, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 29
   Repeal of Directive 2008/55/EC
   Directive 2008/55/EC is repealed with effect from 1 January 2012.
   References to the repealed Directive shall be construed as references to this Directive.
   Article 30
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 31
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 16 March 2010.

            For the Council

            The President

         E. SALGADO

      (1)  Opinion of 10 February 2010 (not yet published in the Official Journal).

      (2)  Opinion of 16 July 2009 (not yet published in the Official Journal).

      (3)  OJ L 73, 19.3.1976, p. 18.

      (4)  OJ L 150, 10.6.2008, p. 28.

      (5)  OJ L 184, 17.7.1999, p. 23.


Avis juridique important

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31989L0655

Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Official Journal L 393 , 30/12/1989 P. 0013 - 0017 Finnish special edition: Chapter 5 Volume 4 P. 0182  Swedish special edition: Chapter 5 Volume 4 P. 0182

COUNCIL DIRECTIVE of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (89/655/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof,  Having regard to the proposal from the Commission (1), submitted after consulting the Advisory Committee on Safety, Hygiene and Health Protection at Work,  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Article 118a of the Treaty provides that the Council shall adopt, by means of directives, minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the safety and  health of workers;  Whereas, pursuant to the said Article, such directives must avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings;  Whereas the communication from the Commission on its programme concerning safety, hygiene and health at work (4) provides for the adoption of a directive on the use of work equipment at work;  Whereas, in its resolution of 21 December 1987 on safety, hygiene and health at work (5), the Council took note of the Commission's intention of submitting to the Council in the near future minimum requirements concerning the organization of safety and  health at work;  Whereas compliance with the minimum requirements designed to guarantee a better standard of safety and health in the use of work equipment is essential to ensure the safety and health of workers;  Whereas this Directive is an individual directive within the meaning of Article 16 (1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (6); whereas,  therefore, the provisions of the said Directive are fully applicable to the scope of the use of work equipment by workers at work without prejudice to more restrictive and/or specific provisions contained in this Directive;  Whereas this Directive constitutes a practical aspect of the realization of the social dimension of the internal market;  Whereas, pursuant to Directive 83/189/EEC (7), Member States are required to notify the Commission of any draft technical regulations relating to machines, equipment and installations;  Whereas, pursuant to Decision 74/325/EEC (8), as last amended by the 1985 Act of Accession, the Advisory Committee on Safety, Hygiene and Health Protection at Work is consulted by the Commission on the drafting of proposals in this field,  HAS ADOPTED THIS DIRECTIVE:   SECTION I GENERAL PROVISIONS Article 1 Subject 1.  This Directive, which is the second individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC, lays down minimum safety and health requirements for the use of work equipment by workers at work, as defined in Article 2.  2.  The provisions of Directive 89/391/EEC are fully applicable to the whole scope referred to in paragraph 1, without prejudice to more restrictive and/or specific provisions contained in this Directive.   Article 2 Definitions For the purposes of this Directive, the following terms shall have the following meanings:  (a)  'work equipment': any machine, apparatus, tool or installation used at work;  (b)  'use of work equipment': any activity involving work equipment such as starting or stopping the equipment, its use, transport, repair, modification, maintenance and servicing, including, in particular, cleaning;  (c)  'danger zone': any zone within and/or around work equipment in which an exposed worker is subject to a risk to his health or safety;  (d)  'exposed worker': any worker wholly or partially in a danger zone;  (e)  'operator': the worker or workers given the task of using work equipment.   SECTION II EMPLOYERS' OBLIGATIONS Article 3 General obligations 1.  The employer shall take the measures necessary to ensure that the work equipment made available to workers in the undertaking and/or establishment is suitable for the work to be carried out or properly adapted for that purpose and may be used by  workers without impairment to their safety or health.  In selecting the work equipment which he proposes to use, the employer shall pay attention to the specific working conditions and characteristics and to the hazards which exist in the undertaking and/or establishment, in particular at the workplace, for  the safety and health of the workers, and/or any additional hazards posed by the use of work equipment in question.  2.  Where it is not possible fully so to ensure that work equipment can be used by workers without risk to their safety or health, the employer shall take appropriate measures to minimize the risks.  Article 4 Rules concerning work equipment 1.  Without prejudice to Article 3, the employer must obtain and/or use:  (a)  work equipment which, if provided to workers in the undertaking and/or establishment for the first time after 31 December 1992, complies with:  i(i)  the provisions of any relevant Community directive which is applicable;  (ii)  the minimum requirements laid down in the Annex, to the extent that no other Community directive is applicable or is so only partially;  (b) work equipment which, if already provided to workers in the undertaking and/or establishment by 31 December 1992, complies with the minimum requirements laid down in the Annex no later than four years after that date.  2.  The employer shall take the measures necessary to ensure that, throughout its working life, work equipment is kept, by means of adequate maintenance, at a level such that it complies with the provisions of paragraph 1 (a) or (b) as applicable.  Article 5 Work equipment involving specific risks When the use of work equipment is likely to involve a specific risk to the safety or health of workers, the employer shall take the measures necessary to ensure that:  - the use of work equipment is restricted to those persons given the task of using it;  - in the case of repairs, modifications, maintenance or servicing, the workers concerned are specifically designated to carry out such work.  Article 6 Informing workers 1.  Without prejudice to Article 10 of Directive 89/391/EEC, the employer shall take the measures necessary to ensure that workers have at their disposal adequate information and, where appropriate, written instructions on the work equipment used at  work.  2.  The information and the written instructions must contain at least adequate safety and health information concerning:  - the conditions of use of work equipment,  - foreseeable abnormal situations,  - the conclusions to be drawn from experience, where appropriate, in using work equipment.  3.  The information and the written instructions must be comprehensible to the workers concerned.  Article 7 Training of workers Without prejudice to Article 12 of Directive 89/391/EEC, the employer shall take the measures necessary to ensure that:  - workers given the task of using work equipment receive adequate training, including training on any risks which such use may entail,  - workers referred to in the second indent of Article 5 receive adequate specific training.  Article 8 Consultation of workers and workers' participation Consultation and participation of workers and/or of their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on the matters covered by this Directive, including the Annexes thereto.   SECTION III MISCELLANEOUS PROVISIONS Article 9 Amendment to the Annex 1.  Addition to the Annex of the supplementary minimum requirements applicable to specific work equipment referred to in point 3 thereof shall be adopted by the Council in accordance with the procedure laid down in Article 118a of the Treaty.  2.  Strictly technical adaptations of the Annex as a result of:  - the adoption of directives on technical harmonization and standardization of work equipment, and/or - technical progress, changes in international regulations or specifications or knowledge in the field of work equipment shall be adopted, in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.  Article 10 Final provisions 1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1992. They shall forthwith inform the Commission thereof.  2.  Member States shall communicate to the Commission the texts of the provisions of national law which they have already adopted or adopt in the field governed by this Directive.  3.  Member States shall report to the Commission every five years on the practical implementation of the provisions of this Directive, indicating the points of view of employers and workers.  The Commission shall accordingly inform the European Parliament, the Council, the Economic and Social Committee, and the Advisory Committee on Safety, Hygiene and Health Protection at Work.  4.  The Commission shall submit periodically to the European Parliament, the Council and the Economic and Social Committee a report on the implementation of this Directive, taking into account paragraphs 1 to 3.  Article 11 This Directive is addressed to the Member States.   Done at Brussels, 30 November 1989.  For the Council The President J. P. SOISSON  (1) OJ No C 114, 30. 4. 1988, p. 3,     OJ No C 106, 26. 4. 1989, p. 13 and     OJ No C 287, 15. 11. 1989, p. 12.  (2) OJ No C 326, 19. 12. 1988, p. 132 and      OJ No C 256, 9. 10. 1989, p. 65.  (3) OJ No C 318, 12. 12. 1988, p. 26. (4) OJ No C 28, 3. 2. 1988, p. 3. (5) OJ No C 28, 3. 2. 1988, p. 1.  (6) OJ No L 183, 29. 6. 1989, p. 1. (7) OJ No L 109, 26. 4. 1983, p. 8. (8) OJ No L 185, 9. 7. 1974, p. 15.   ANNEX   MINIMUM REQUIREMENTS REFERRED TO IN ARTICLE 4 (1) (a) (ii) and (b)  1.  General comment The obligations laid down in this Annex apply having regard to the provisions of the Directive and where the corresponding risk exists for the work equipment in question.  2.  General minimum requirements applicable to work equipment 2.1.  Work equipment control devices which affect safety must be clearly visible and identifiable and appropriately marked where necessary.  Except where necessary for certain control devices, control devices must be located outside danger zones and in such a way that their operation cannot cause additional hazard. They must not give rise to any hazard as a result of any unintentional  operation.  If necessary, from the main control position, the operator must be able to ensure that no person is present in the danger zones. If this is impossible, a safe system such as an audible and/or visible warning signal must be given automatically whenever  the machinery is about to start. An exposed worker must have the time and/or the means quickly to avoid hazards caused by the starting and/or stopping of the work equipment.  Control systems must be safe. A breakdown in, or damage to, control systems must not result in a dangerous situation.  2.2.  It must be possible to start work equipment only by deliberate action on a control provided for the purpose.  The same shall apply:  - to restart it after a stoppage for whatever reason,  - for the control of a significant change in the operating conditions (e.g. speed, pressure, etc.),  unless such a restart or change does not subject exposed workers to any hazard.  This requirement does not apply to restarting or a change in operating conditions as a result of the normal operating cycle of an automatic device.  2.3.  All work equipment must be fitted with a control to stop it completely and safely.  Each work station must be fitted with a control to stop some or all of the work equipment, depending on the type of hazard, so that the equipment is in a safe state. The equipment's stop control must have priority over the start controls. When the work  equipment or the dangerous parts of it have stopped, the energy supply of the actuators concerned must be switched off.  2.4.  Where appropriate, and depending on the hazards the equipment presents and its normal stopping time, work equipment must be fitted with an emergency stop device.  2.5.  Work equipment presenting risk due to falling objects or projections must be fitted with appropriate safety devices corresponding to the risk.  Work equipment presenting hazards due to emissions of gas, vapour, liquid or dust must be fitted with appropriate containment and/or extraction devices near the sources of the hazard.  2.6.  Work equipment and parts of such equipment must, where necessary for the safety and health of workers, be stabilized by clamping or some other means.  2.7.  Where there is a risk of rupture or disintegration of parts of the work equipment, likely to pose significant danger to the safety and health of workers, appropriate protection measures must be taken.  2.8.  Where there is a risk of mechanical contact with moving parts of work equipment which could lead to accidents, those parts must be provided with guards or devices to prevent access to danger zones or to halt movements of dangerous parts before the  danger zones are reached.  The guards and protection devices must:  - be of robust construction,  - not give rise to any additional hazard,  - not be easily removed or rendered inoperative,  - be situated at sufficient distance from the danger zone,  - not restrict more than necessary the view of the operating cycle of the equipment,  - allow operations necessary to fit or replace parts and for maintenance work, restricting access only to the area where the work is to be carried out and, if possible, without removal of the guard or protection device.  2.9.  Areas and points for working on, or maintenance of, work equipment must be suitably lit in line with the operation to be carried out.  2.10.  Work equipment parts at high or very low temperature must, where appropriate, be protected to avoid the risk of workers coming into contact or coming too close.  2.11.  Warning devices on work equipment must be unambiguous and easily perceived and understood.  2.12.  Work equipment may be used only for operations and under conditions for which it is appropriate.  2.13.  It must be possible to carry out maintenance operations when the equipment is shut down. If this is not possible, it must be possible to take appropriate protection measures for the carrying out of such operations or for such operations to be carried  out outside the danger zones.  If any machine has a maintenance log, it must be kept up to date.  2.14.  All work equipment must be fitted with clearly identifiable means to isolate it from all its energy sources.  Reconnection must be presumed to pose no risk to the workers concerned.  2.15.  Work equipment must bear the warnings and markings essential to ensure the safety of workers.  2.16.  Workers must have safe means of access to, and be able to remain safely in, all the areas necessary for production, adjustment and maintenance operations.  2.17.  All work equipment must be appropriate for protecting workers against the risk of the work equipment catching fire or overheating, or of discharges of gas, dust, liquid, vapour or other substances produced, used or stored in the work equipment.  2.18.  All work equipment must be appropriate for preventing the risk of explosion of the work equipment or of substances produced, used or stored in the work equipment.  2.19.  All work equipment must be appropriate for protecting exposed workers against the risk of direct or indirect contact with electricity.  3.  Minimum additional requirements applicable to specific work equipment,  as referred to in Article 9 (1) of the Directive.