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31999L0097

Commission Directive 1999/97/EC of 13 December 1999 amending Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (Text with EEA relevance)

Official Journal L 331 , 23/12/1999 P. 0067 - 0070

COMMISSION DIRECTIVE 1999/97/ECof 13 December 1999amending Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control)(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control)(1), as last amended by Directive 98/42/EC3(2), and in particular Article 19 thereof,(1) Whereas it is necessary to take account of amendments which have entered into force to the conventions, protocols, codes and resolutions of the International Maritime Organisation (IMO), and developments within the Paris Memorandum of Understanding (Paris MOU);(2) Whereas publication of information concerning ships detained in Community ports according to Directive 95/21/EC may be an incentive to their owners to take corrective action without being compelled to do so, and may raise the safety awareness in the shipping industry;(3) Whereas to this end, the list of information to be published should be expanded, notably in order to include more detailed information on the ship involved, the detention and the action taken, as well as information on ships which have been refused access to Community ports; whereas it should be more clearly established where deficiencies which led to the detention of the vessel lie within the survey responsibilities of classification societies; whereas the efficiency of such measure should be enhanced through a more frequent publication of information, on a monthly basis;(4) Whereas a better transparency on the data related to inspections of vessels is a necessary and important element for the promotion of quality in shipping both within the Community and worldwide; whereas the methods for making such information more widely and timely available should be defined in cooperation between the Member States and the Commission;(5) Whereas Member States should take all necessary measures to remove any legal obstacle to the publication of the list of ships inspected, detained or being refused access to any port of the Community, in particular through the modification, where appropriate, of their national legislation concerning the protection of data;(6) Whereas the overall targeting factor described in Annex I, Part II, to Directive 95/21lEC needs to be improved in the light of experience gained in its implementation; whereas the target factor value may be frequently adjusted within the framework of the Paris MOU and subsequently incorporated into the Sirenac system; whereas it is sufficient to consult the Sirenac database to know the value of the target factor of a vessel; whereas it appears consequently unnecessary to incorporate this value into Directive 95/21/EC;(7) Whereas the list of certificates and documents referred to in Annex II to Directive 95/21/EC should be modified in order to take into account amendments which have entered into force to international legislation;(8) Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee set up pursuant to Article 12 of Council Directive 93/75/EEC(3), as last amended by Commission Directive 98/74/EC(4),HAS ADOPTED THIS DIRECTIVE:Article 1Directive 95/21/EC is amended as follows:1. Article 2 shall be amended as follows:(a) in point 1, the words "in force on 1 July 1998" shall be replaced by "in force on 1 July 1999";(b) in point 2, the words "as it stands on 14 January 1998" shall be replaced by "as it stands on 1 July 1999".2. Article 15 is replaced by the following: "Article 15Release of information1. The competent authority of each Member State shall take necessary measures in order to ensure that information listed in Annex VIII, Part I, concerning ships which have been detained in, or which are subject to refusal of access to, a port of this Member State during the previous month, is published at least every month.2. The information available in the Sirenac system concerning ships inspected in ports of the Member States, referred to in Annex VIII, Part I and Part II, shall be made public, through appropriate technical arrangements, as soon as possible after the inspection has been completed, or the detention has been lifted.3. Member States and the Commission shall cooperate in order to establish the appropriate technical arrangements referred to in paragraph 2.4. Where appropriate, the Sirenac information system is amended in order to implement the abovementioned requirements."3. Annex I is amended as provided for in the Annex to this Directive.4. Annex II is amended as follows:(a) Item 2, seventh indent, is replaced by the following: "- Exemption certificate, including, where appropriate, the list of cargoes."(b) The following is inserted after Item 28: "29. Garbage management plan and garbage record book.30. Decision support system for masters of passenger ships.31. SAR cooperation plan for passenger ships trading on fixed routes.32. List of operational limitations for passenger ships.33. Bulk carrier booklet.34. Loading and unloading plan for bulk carners."5. A new Annex VIII is added as provided for in the Annex to this Directive.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 12 months after the adoption of this Directive. They shall immediately inform the Commission thereof.When these provisions are adopted by Member States, they shall contain a reference to this Directive or shall be accompanied by such a reference at the time of their official publication. The procedure for making such a reference shall be laid down by Member States.2. Member States shall communicate to the Commission the provisions of national law, which they adopt in the field covered by this Directive.Article 3The Directive shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.Article 4The Directive is addressed to the Member States.Done at Brussels, 13 December 1999.For the CommissionLoyola DE PALACIOVice-President(1) OJ L 157, 7.7.1995, p. 1.(2) OJ L 184, 27.6.1998, p. 40.(3) OJ L 247, 5.10.1993, p. 19.(4) OJ L 276, 13.10.1998, p. 7.ANNEX1. Annex I shall be amended as follows:(a) in Part I, point 6 , the words "or withdrawn" are inserted after the word "suspended" ;(b) Part II is replaced by the following: "II. Overall targeting factorThe following ships shall be considered as priority for inspection.1. Ships visiting a port of a Member State for the first time or after an absence of 12 months or more. In applying these criteria Member States shall also take into account those inspections which have been carried out by members of the MOU. In the absence of appropriate data for this purpose, Member States shall rely upon the available Sirenac data and inspect those ships which have not been registered in the Sirenac following the entry into force of that database on 1 January 1993.2. Ships not inspected by any Member State within the previous six months.3. Ships whose statutory certificates on the ship's construction and equipment, issued in accordance with the conventions, and the classification certificates, have been issued by an organisation which is not recognised under the terms of Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ L 319, 12.12.1994, p. 20).4. Ships flying the flag of a State appearing in the three-year rolling average table of above-average detentions and delays published in the annual report of the MOU.5. Ships which have been permitted to leave the port of a Member State on certain conditions, such as:(a) deficiencies to be rectified before departure;(b) deficiencies to be rectified at the next port;(c) deficiencies to be rectified within 14 days;(d) deficiencies for which other conditions have been specified.If ship-related action has been taken and all deficiencies have been rectified, this is taken into account.6. Ships for which deficiencies have been recorded during a previous inspection, according to the number of deficiencies.7. Ships which have been detained in a previous port.8. Ships flying the flag of a country which has not ratified all relevant international conventions referred to in Article 2 of this Directive.9. Ships flying the flag of a country with a deficiency ratio above average.10. Ships with class deficiency above average.11. Ships which are in a category for which expanded inspection has been decided (pursuant to Article 7 of this Directive).12. Other ships above 13 years old.In determining the order of priority for the inspection of the ships listed above, the competent authority shall take into account the order indicated by the overall target factor displayed on the Sirenac information system, according to Annex I, Section 1 of the Paris MOU. A higher target factor is indicative of a higher priority. The target factor is the sum of the applicable target factor values as defined withim the framework of the MOU. Items 5, 6 and 7 shall only apply to inspections carried out in the last 12 months. The overall target factor shall not be less than the sum of the values established for the items 3, 4, 8, 9, 10, 11 and 12.If within three months from the introduction in the framework of the MOU of new target factor values, the Commission is of the view that these values are inappropriate, it may decide, in accordance with the procedure laid down in Article 19 of Directive 95/21/EC that these values shall not apply for the purposes of this Directive."2. A new Annex VIII is added: "ANNEX VIIIPublication of information related to detentions and inspections in ports of Member States(as referred to in Article 15)I. The information published in accordance with Article 15(1) shall include the following:- name of the ship,- IMO number,- type of ship,- tonnage (gt),- year of build,- name and address of the shipowner or operator of the ship,- flag State,- the classification society, or classification societies, where relevant which have issued to this ship the class certificates, if any,- the classification society, or classification societies, and/or any party which have issued to this ship certificates in accordance with the conventions on behalf of the flag State, including the mention of the certificates delivered,- the number of detentions during the 24 previous months,- the country and port of detention,- the date when the detention has been lifted,- the duration of detention, in days,- the number of deficiencies found and the reasons for detention, in clear and explicit terms,- when the ship is subject to a refusal of access to any port within the Community, the reasons for such measure, in clear and explicit terms,- indication on whether the classification society, or other private body that carried out the relevant survey had a responsibility in relation with the deficiencies which alone or in combination, led to detention,- description of the measures taken in the case of a ship which has been allowed to proceed to the nearest appropriate repair yard, or which has been refused access to any port in the Community.II. The information concerning ships inspected, made public in accordance with Article 15(2) shall include the following:- name of the ship,- IMO number,- type of ship,- tonnage (gt),- year of build,- name and address of the shipowner or operator of the ship,- flag State,- the classification society, or classification societies, where relevant which have issued to this ship the class certificates, if any,- the classification society, or classification societies, and/or any party which have issued to this ship certificates in accordance with the conventions on behalf of the flag State, including the mention of the certificates delivered,- the country, port and date of inspection,- the number of deficiencies, per category of deficiencies."


title: Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (Codified version)   (Text with EEA relevance)

text:
               17.11.2006

               EN

               Official Journal of the European Union

               L 318/17

      COMMISSION DIRECTIVE 2006/111/EC
   of 16 November 2006
   on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings
   (Text with EEA relevance)
   (Codified version)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 86(3) thereof,
   Whereas:

               (1)

               Commission Directive 80/723/EEC of 25 June 1980 on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (1) has been substantially amended several times (2). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Public undertakings play a substantial role in the national economy of the Member States.

               (3)

               Member States sometimes grant special or exclusive rights to particular undertakings, or make payments or give some other kind of compensation to particular undertakings entrusted with the operation of services of general economic interest. These undertakings are often also in competition with other undertakings.

               (4)

               Article 295 of the Treaty provides that the Treaty is in no way to prejudice the rules in Member States governing the system of property ownership. There should be no unjustified discrimination between public and private undertakings in the application of the rules on competition. This Directive should apply to both public and private undertakings.

               (5)

               The Treaty requires the Commission to ensure that Member States do not grant undertakings, public or private, aids incompatible with the common market.

               (6)

               However, the complexity of the financial relations between national public authorities and public undertakings tends to hinder the performance of this duty.

               (7)

               A fair and effective application of the aid rules in the Treaty to both public and private undertakings will be possible only if these financial relations are made transparent.

               (8)

               Such transparency applied to public undertakings should enable a clear distinction to be made between the role of the State as public authority and its role as proprietor.

               (9)

               Article 86(1) of the Treaty imposes obligations on Member States in the case of public undertakings and undertakings to which Member States grant special or exclusive rights. Article 86(2) of the Treaty applies to undertakings entrusted with the operation of services of general economic interest. Article 86(3) of the Treaty requires the Commission to ensure the application of the provisions of that Article and provides it with the requisite means to this end. In order to ensure the application of the provisions of Article 86 of the Treaty the Commission must have the necessary information. This entails defining the conditions for ensuring such transparency.

               (10)

               It should be made clear what is to be understood by the terms ‘public authorities’ and ‘public undertakings’.

               (11)

               The Member States have differing administrative territorial structures. This Directive should cover public authorities at all levels in each Member State.

               (12)

               Public authorities may exercise a dominant influence on the behaviour of public undertakings not only where they are the proprietor or have a majority participation but also by virtue of powers they hold in management or supervisory bodies as a result either of the rules governing the undertaking or of the manner in which the shareholdings are distributed.

               (13)

               The provision of public funds to public undertakings may take place either directly or indirectly. Transparency must be achieved irrespective of the manner in which such provision of public funds is made. It may also be necessary to ensure that adequate information is made available as regards the reasons for such provision of public funds and their actual use.

               (14)

               Complex situations linked to the diverse forms of public and private undertakings granted special or exclusive rights or entrusted with the operation of services of general economic interest as well as the range of activities that might be carried on by a single undertaking and the different degrees of market liberalisation in the various Member States could complicate application of the competition rules, and particularly Article 86 of the Treaty. It is therefore necessary for Member States and the Commission to have detailed data about the internal and financial and organisational structure of such undertakings, in particular separate and reliable accounts relating to different activities carried on by the same undertaking.

               (15)

               The accounts should show the distinction between different activities, the costs and revenues associated with each activity and the methods of cost and revenue assignment and allocation. Such separate accounts should be available in relation to, on the one hand, products and services in respect of which the Member State has granted a special or exclusive right or entrusted the undertaking with the operation of a service of general economic interest, as well as, on the other hand, for each other product or service in respect of which the undertaking is active. The obligation of separation of accounts should not apply to undertakings whose activities are limited to the provision of services of general economic interest and which do not operate activities outside the scope of these services of general economic interest. It does not seem necessary to require separation of accounts within the area of services of general economic interest or within the area of the special or exclusive rights, as far as this is not necessary for the cost and revenue allocation between these services and products and those outside the services of general economic interest or the special or exclusive rights.

               (16)

               Requiring Member States to ensure that the relevant undertakings maintain such separate accounts is the most efficient means by which fair and effective application of the rules of competition to such undertakings can be assured. In 1996 the Commission adopted a Communication on services of general interest in Europe (3), which was supplemented by another Communication in 2001 (4), in which it emphasised the importance of such services. It is necessary to take account of the importance of the sectors concerned, which may involve services of general interest, the strong market position that the relevant undertakings may have and the vulnerability of emerging competition in the sectors being liberalised. In accordance with the principle of proportionality it is necessary and appropriate for the achievement of the basic objective of transparency to lay down rules on such separate accounts. This Directive does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the provisions of the third paragraph of Article 5 of the Treaty.

               (17)

               In certain sectors provisions adopted by the Community require Member States and certain undertakings to maintain separate accounts. It is necessary to ensure an equal treatment for all economic activities throughout the Community and to extend the requirement to maintain separate accounts to all comparable situations. This Directive should not amend specific rules established for the same purpose in other Community provisions and should not apply to activities of undertakings covered by those provisions.

               (18)

               Certain undertakings should be excluded from the application of this Directive by virtue of the size of their turnover. This applies to those public undertakings whose business is not conducted on such a scale as to justify the administrative burden of ensuring transparency. In view of the limited potential for an effect on trade between Member States, it is not necessary, at this time, to require separate accounts in relation to the supply of certain categories of services.

               (19)

               This Directive is without prejudice to other provisions of the Treaty, notably Articles 86(2), 88 and 296, and to any other rules concerning the provision of information by Member States to the Commission.

               (20)

               In cases where the compensation for the fulfilment of services of general economic interest has been fixed for an appropriate period following an open, transparent and non-discriminatory procedure it does not seem necessary to require such undertakings to maintain separate accounts.

               (21)

               The undertakings in question being in competition with other undertakings, information acquired should be covered by the obligation of professional secrecy.

               (22)

               A reporting system based on ex post facto checks of the financial flows between public authorities and public undertakings operating in the manufacturing sector will enable the Commission to fulfil its obligations. That system of control must cover specific financial information.

               (23)

               In order to limit the administrative burden on Member States, the reporting system should make use of both publicly available data and information available to majority shareholders. The presentation of consolidated reports is to be permitted. Incompatible aid to major undertakings operating in the manufacturing sector will have the greatest distortive effect on competition in the common market. Therefore, such a reporting system may at present be limited to undertakings with a yearly turnover of more than EUR 250 million.

               (24)

               This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part B,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   1.   The Member States shall ensure that financial relations between public authorities and public undertakings are transparent as provided in this Directive, so that the following emerge clearly:

               (a)

               public funds made available directly by public authorities to the public undertakings concerned;

               (b)

               public funds made available by public authorities through the intermediary of public undertakings or financial institutions;

               (c)

               the use to which these public funds are actually put.

         2.   Without prejudice to specific provisions laid down by the Community the Member States shall ensure that the financial and organisational structure of any undertaking required to maintain separate accounts is correctly reflected in the separate accounts, so that the following emerge clearly:

               (a)

               the costs and revenues associated with different activities;

               (b)

               full details of the methods by which costs and revenues are assigned or allocated to different activities.

         Article 2
   For the purpose of this Directive:

               (a)

               ‘public authorities’ means all public authorities, including the State and regional, local and all other territorial authorities;

               (b)

               ‘public undertakings’ means any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it.
               A dominant influence on the part of the public authorities shall be presumed when these authorities, directly or indirectly in relation to an undertaking:

                           (i)

                           hold the major part of the undertaking’s subscribed capital; or

                           (ii)

                           control the majority of the votes attaching to shares issued by the undertakings; or

                           (iii)

                           can appoint more than half of the members of the undertaking's administrative, managerial or supervisory body;

               (c)

               ‘public undertakings operating in the manufacturing sector’ means all undertakings whose principal area of activity, defined as being at least 50 % of total annual turnover, is in manufacturing. These undertakings are those whose operations fall under Section D — Manufacturing being subsection DA up to and including subsection DN of the NACE (Rev.1) classification (5);

               (d)

               ‘undertaking required to maintain separate accounts’ means any undertaking that enjoys a special or exclusive right granted by a Member State pursuant to Article 86(1) of the Treaty or is entrusted with the operation of a service of general economic interest pursuant to Article 86(2) of the Treaty, that receives public service compensation in any form whatsoever in relation to such service and that carries on other activities;

               (e)

               ‘different activities’ means, on the one hand, all products or services in respect of which a special or exclusive right is granted to an undertaking or all services of general economic interest with which an undertaking is entrusted and, on the other hand, each other separate product or service in respect of which the undertaking is active;

               (f)

               ‘exclusive rights’ means rights that are granted by a Member State to one undertaking through any legislative, regulatory or administrative instrument, reserving it the right to provide a service or undertake an activity within a given geographical area;

               (g)

               ‘special rights’ means rights that are granted by a Member State to a limited number of undertakings, through any legislative, regulatory or administrative instrument, which, within a given geographical area:

                           (i)

                           limits to two or more the number of such undertakings, authorised to provide a service or undertake an activity, otherwise than according to objective, proportional and non-discriminatory criteria; or

                           (ii)

                           designates, otherwise than according to such criteria, several competing undertakings, as being authorised to provide a service or undertake an activity; or

                           (iii)

                           confers on any undertaking or undertakings, otherwise than according to such criteria, any legal or regulatory advantages which substantially affect the ability of any other undertaking to provide the same service or to operate the same activity in the same geographical area under substantially equivalent conditions.

         Article 3
   The transparency referred to in Article 1(1) shall apply in particular to the following aspects of financial relations between public authorities and public undertakings:

               (a)

               the setting-off of operating losses;

               (b)

               the provision of capital;

               (c)

               non-refundable grants, or loans on privileged terms;

               (d)

               the granting of financial advantages by forgoing profits or the recovery of sums due;

               (e)

               the forgoing of a normal return on public funds used;

               (f)

               compensation for financial burdens imposed by the public authorities.

         Article 4
   1.   To ensure the transparency referred to in Article 1(2), the Member States shall take the measures necessary to ensure that for any undertaking required to maintain separate accounts:

               (a)

               the internal accounts corresponding to different activities are separate;

               (b)

               all costs and revenues are correctly assigned or allocated on the basis of consistently applied and objectively justifiable cost accounting principles;

               (c)

               the cost accounting principles according to which separate accounts are maintained are clearly established.

         2.   Paragraph 1 shall only apply to activities which are not covered by specific provisions laid down by the Community and shall not affect any obligations of Member States or undertakings arising from the Treaty or from such specific provisions.
   Article 5
   1.   As far as the transparency referred to in Article 1(1) is concerned, this Directive shall not apply to financial relations between the public authorities and:

               (a)

               public undertakings, as regards services the supply of which is not liable to affect trade between Member States to an appreciable extent;

               (b)

               central banks;

               (c)

               public credit institutions, as regards deposits of public funds placed with them by public authorities on normal commercial terms;

               (d)

               public undertakings whose total annual net turnover over the period of the two financial years preceding that in which the funds referred to in Article 1(1) are made available or used has been less than EUR 40 million. However, for public credit institutions the corresponding threshold shall be a balance sheet total of EUR 800 million.

         2.   As far as the transparency referred to in Article 1(2) is concerned, this Directive shall not apply:

               (a)

               to undertakings, as regards services the supply of which is not liable to affect trade between Member States to an appreciable extent;

               (b)

               to undertakings whose total annual net turnover over the period of the two financial years preceding any given year in which it enjoys a special or exclusive right granted by a Member State pursuant to Article 86(1) of the Treaty, or in which it is entrusted with the operation of a service of general economic interest pursuant to Article 86(2) of the Treaty is less than EUR 40 million; however, for public credit institutions the corresponding threshold shall be a balance sheet total of EUR 800 million;

               (c)

               to undertakings which have been entrusted with the operation of services of general economic interest pursuant to Article 86(2) of the Treaty if the compensation they receive, in any form whatsoever, was fixed for an appropriate period following an open, transparent and non-discriminating procedure.

         Article 6
   1.   Member States shall ensure that information concerning the financial relations referred to in Article 1(1) be kept at the disposal of the Commission for five years from the end of the financial year in which the public funds were made available to the public undertakings concerned. However, where the same funds are used during a later financial year, the five-year time limit shall run from the end of that financial year.
   2.   Member States shall ensure that information concerning the financial and organisational structure of undertakings referred to in Article 1(2) be kept at the disposal of the Commission for five years from the end of the financial year to which the information refers.
   3.   Member States shall, where the Commission considers it necessary so to request, supply to it the information referred to in paragraphs 1 and 2, together with any necessary background information, notably the objectives pursued.
   Article 7
   The Commission shall not disclose such information supplied to it pursuant to Article 6(3) as is of a kind covered by the obligation of professional secrecy.
   The first paragraph shall not prevent publication of general information or surveys which do not contain information relating to particular public undertakings to which this Directive applies.
   Article 8
   1.   Member States whose public undertakings operate in the manufacturing sector shall supply the financial information as set out in paragraphs 2 and 3 to the Commission on an annual basis within the timetable contained in paragraph 5.
   2.   The financial information required for each public undertaking operating in the manufacturing sector and in accordance with paragraph 4 shall be the annual report and annual accounts, in accordance with the definition of Council Directive 78/660/EEC (6). The annual accounts and annual report include the balance sheet and profit/loss account, explanatory notes, together with accounting policies, statements by directors, segmental and activity reports. Moreover, notices of shareholders' meetings and any other pertinent information shall be provided.
   The reports required shall be provided for each individual public undertaking separately, as well as for the holding or subholding company which consolidates several public undertakings in so far as the consolidated sales of the holding or subholding company lead to its being classified as ‘manufacturing’.
   3.   The following details, in so far as not disclosed in the annual report and annual accounts of each public undertaking, shall be provided in addition to the information referred to in paragraph 2:

               (a)

               the provision of any share capital or quasi-capital funds similar in nature to equity, specifying the terms of its or their provision (whether ordinary, preference, deferred or convertible shares and interest rates; the dividend or conversion rights attaching thereto);

               (b)

               non-refundable grants, or grants which are only refundable in certain circumstances;

               (c)

               the award to the enterprise of any loans, including overdrafts and advances on capital injections, with a specification of interest rates and the terms of the loan and its security, if any, given to the lender by the enterprise receiving the loan;

               (d)

               guarantees given to the enterprise by public authorities in respect of loan finance (specifying terms and any charges paid by enterprises for these guarantees);

               (e)

               dividends paid out and profits retained;

               (f)

               any other forms of State intervention, in particular, the forgoing of sums due to the State by a public undertaking, including inter alia the repayment of loans, grants, payment of corporate or social taxes or any similar charges.

         The share capital referred to in (a) shall include share capital contributed by the State directly and any share capital received contributed by a public holding company or other public undertaking, including financial institutions, whether inside or outside the same group, to a given public undertaking. The relationship between the provider of the finance and the recipient shall always be specified.
   4.   The information required by paragraphs 2 and 3 shall be provided for all public undertakings whose turnover for the most recent financial year was more than EUR 250 million.
   The information required above shall be supplied separately for each public undertaking including those located in other Member States, and shall include, where appropriate, details of all intra- and inter-group transactions between different public undertakings, as well as transactions conducted directly between public undertakings and the State.
   Certain public enterprises split their activities into several legally distinct undertakings. For such enterprises the Commission is willing to accept one consolidated report. The consolidation should reflect the economic reality of a group of enterprises operating in the same or closely related sectors. Consolidated reports from diverse, and purely financial, holdings shall not be sufficient.
   5.   The information required under paragraphs 2 and 3 shall be supplied to the Commission on an annual basis.
   The information shall be provided within 15 working days of the date of publication of the annual report of the public undertaking concerned. In any case, and specifically for undertakings which do not publish an annual report, the required information shall be submitted not later than nine months following the end of the undertaking's financial year.
   6.   In order to assess the number of companies covered by this reporting system, Member States shall supply to the Commission a list of the companies covered by this Article and their turnover. The list is to be updated by 31 March of each year.
   7.   Member States will furnish the Commission with any additional information that it deems necessary in order to complete a thorough appraisal of the data submitted.
   Article 9
   The Commission shall regularly inform the Member States of the results of the operation of this Directive.
   Article 10
   Directive 80/723/EEC, as amended by the Directives listed in Annex I, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.
   Article 11
   This Directive shall enter into force on 20 December 2006.
   Article 12
   This Directive is addressed to the Member States.

      Done at Brussels, 16 November 2006.

            For the Commission

         Neelie KROES

            Member of the Commission

      (1)  OJ L 195, 29.7.1980, p. 35. Directive as last amended by Directive 2005/81/EC (OJ L 312, 29.11.2005, p. 47).

      (2)  See Annex I, Part A.

      (3)  OJ C 281, 26.9.1996, p. 3.

      (4)  OJ C 17, 19.1.2001, p. 4.

      (5)  OJ L 83, 3.4.1993, p. 1.

      (6)  OJ L 222, 14.8.1978, p. 11.

      ANNEX I
      PART A
      REPEALED DIRECTIVE WITH ITS SUCCESSIVE AMENDMENTS

         (referred to in Article 10)

                  Commission Directive 80/723/EEC

                  (OJ L 195, 29.7.1980, p. 35)

                  Commission Directive 85/413/EEC

                  (OJ L 229, 28.8.1985, p. 20)

                  Commission Directive 93/84/EEC

                  (OJ L 254, 12.10.1993, p. 16)

                  Commission Directive 2000/52/EC

                  (OJ L 193, 29.7.2000, p. 75)

                  Commission Directive 2005/81/EC

                  (OJ L 312, 29.11.2005, p. 47)

      PART B
      LIST OF TIME LIMITS FOR TRANSPOSITION INTO NATIONAL LAW

         (referred to in Article 10)

                  Directive

                  Time limit for transposition

                  80/723/EEC

                  31 December 1981

                  85/413/EEC

                  1 January 1986

                  93/84/EEC

                  1 November 1993

                  2000/52/EC

                  31 July 2001

                  2005/81/EC

                  19 December 2006

      ANNEX II
      CORRELATION TABLE

                  Directive 80/723/EEC

                  This Directive

                  Article 1

                  Article 1

                  Article 2(1), introductory sentence

                  Article 2, introductory sentence

                  Article 2(1), point (a)

                  Article 2, point (a)

                  Article 2(1), point (b)

                  Article 2, point (b), first subparagraph

                  Article 2(1), points (c) to (f)

                  Article 2, points (c) to (f)

                  Article 2(1), point (g), introductory words

                  Article 2, point (g), introductory words

                  Article 2(1), point (g), first indent

                  Article 2, point (g)(i)

                  Article 2(1), point (g), second indent

                  Article 2, point (g)(ii)

                  Article 2(1), point (g), third indent

                  Article 2, point (g)(iii)

                  Article 2(2), introductory sentence

                  Article 2, point (b), second subparagraph, introductory sentence

                  Article 2(2), point (a)

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

                  Article 2(2), point (b)

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

                  Article 2(2), point (c)

                  Article 2, point (b), second subparagraph, point (iii)

                  Article 3

                  Article 3

                  Article 3a

                  Article 4

                  Article 4

                  Article 5

                  Article 5

                  Article 6

                  Article 5a(1)

                  Article 8(1)

                  Article 5a(2), first subparagraph, introductory sentence

                  Article 8(2), first subparagraph

                  Article 5a(2), first subparagraph, point (i)

                  Article 8(2), first subparagraph

                  Article 5a(2), second subparagraph, introductory sentence

                  Article 8(3), first subparagraph, introductory sentence

                  Article 5a(2), second subparagraph, point (ii)

                  Article 8(3), first subparagraph, point (a)

                  Article 5a(2), second subparagraph, point (iii)

                  Article 8(3), first subparagraph, point (b)

                  Article 5a(2), second subparagraph, point (iv)

                  Article 8(3), first subparagraph, point (c)

                  Article 5a(2), second subparagraph, point (v)

                  Article 8(3), first subparagraph, point (d)

                  Article 5a(2), second subparagraph, point (vi)

                  Article 8(3), first subparagraph, point (e)

                  Article 5a(2), second subparagraph, point (vii)

                  Article 8(3), first subparagraph, point (f)

                  Article 5a(3), first subparagraph

                  Article 8(4), first subparagraph

                  Article 5a(3), second subparagraph, first sentence

                  Article 8(4), second subparagraph

                  Article 5a(3), second subparagraph, second sentence

                  Article 8(3), second subparagraph, first sentence

                  Article 5a(3), second subparagraph, third sentence

                  Article 8(3), second subparagraph, second sentence

                  Article 5a(3), second subparagraph, last sentence

                  Article 8(2), second subparagraph

                  Article 5a(3), third subparagraph

                  Article 8(4), third subparagraph

                  Article 5a(4), first subparagraph

                  Article 8(5), first subparagraph

                  Article 5a(4), second subparagraph

                  Article 8(5), second subparagraph

                  Article 5a(4), third subparagraph

                  Article 8(6)

                  Article 5a(5)

                  —

                  Article 5a(6)

                  Article 8(7)

                  Article 6(1)

                  Article 7, first paragraph

                  Article 6(2)

                  Article 7, second paragraph

                  Article 7

                  Article 9

                  Article 8

                  —

                  —

                  Article 10

                  —

                  Article 11

                  Article 9

                  Article 12

                  —

                  Annex I

                  —

                  Annex II


title: Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (codified version) (Text with EEA relevance)

text:
               30.4.2004

               EN

               Official Journal of the European Communities

               L 158/50

         DIRECTIVE 2004/37/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 29 April 2004
   on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC)
   (codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Economic and Social Committee (1),
   Having consulted the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               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) (3) has been substantially amended several times (4). In the interests of clarity and rationality, the said Directive should therefore be codified.

               (2)

               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 or mutagens at work is essential to ensure the health and safety of workers and is also intended to provide a level of minimum protection for all workers in the Community.

               (3)

               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 (5). Therefore the provisions of that Directive are fully applicable to the exposure of workers to carcinogens or mutagens, without prejudice to more stringent and/or specific provisions contained in this Directive.

               (4)

               A consistent level of protection from the risks related to carcinogens or mutagens has to be established for the Community as a whole and that level of protection has to be set not by detailed prescriptive requirements but by a framework of general principles to enable Member States to apply the minimum requirements consistently.

               (5)

               Germ cell mutagens are substances that can cause a permanent change in the amount or structure of the genetic material of a cell resulting in a change in the phenotypic characteristics of that cell, which may be transferred to descendent daughter cells.

               (6)

               Because of their mechanism of action, germ cell mutagens are likely to have carcinogenic effects.

               (7)

               Annex VI to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (6) contains the classification criteria and labelling procedures in respect of each substance.

               (8)

               Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (7) contains particulars on the classification criteria and labelling procedures in respect of such preparations.

               (9)

               In all work situations workers must be protected in respect of preparations containing one or more carcinogens or mutagens and from carcinogenic or mutagenic compounds arising at work.

               (10)

               For some agents it is necessary to consider all absorption pathways, including the possibility of penetration through the skin, in order to ensure the best possible level of protection.

               (11)

               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 or mutagens will nonetheless reduce those risks.

               (12)

               In order to contribute to a reduction in these risks, limit values and other directly related provisions should be established for all those carcinogens or mutagens for which the available information, including scientific and technical data, make this possible.

               (13)

               Occupational exposure limit values must be regarded as an important component of the general arrangements for the protection of workers. Such limit values must be revised whenever this becomes necessary in the light of more recent scientific data.

               (14)

               The precautionary principle should be applied in the protection of workers' health.

               (15)

               Preventive measures must be taken for the protection of the health and safety of workers exposed to carcinogens or mutagens.

               (16)

               This Directive constitutes a practical aspect of the realisation of the social dimension of the internal market.

               (17)

               Pursuant to Council Decision 74/325/EEC (8), the Commission consulted the Advisory Committee on Safety and Health at Work with a view to drawing up proposals for the Directives taken over in this Directive.

               (18)

               This Directive is without prejudice to the obligations of the Member States concerning the time limits for transposition set out in Part B of Annex IV,

         HAVE ADOPTED THIS DIRECTIVE:

      CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Objective
   1.   This Directive 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 or mutagens 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.
   4.   As regards asbestos, which is dealt with by Directive 83/477/EEC (9), the provisions of this Directive shall apply whenever they are more favourable to health and safety at work.
   Article 2
   Definitions
   For the purposes of this Directive,

               a)

               "carcinogen" means:

                           i)

                           a substance which meets the criteria for classification as a category 1 or 2 carcinogen set out in Annex VI to Directive 67/548/EEC;

                           ii)

                           a preparation composed of one or more substances referred to in point (i) where the concentration of one or more of the individual substances meets the requirements for concentration limits for the classification of a preparation as a category 1 or 2 carcinogen set out either:

                                       in Annex I to Directive 67/548/EEC; or

                                       in Part B of Annex II to Directive 1999/45/EC where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits;

                           iii)

                           a substance, preparation or process referred to in Annex I to this Directive as well as a substance or preparation released by a process referred to in that Annex;

               b)

               "mutagen" means:

                           i)

                           a substance which meets the criteria for classification as a category 1 or 2 mutagen set out in Annex VI to Directive 67/548/EEC;

                           ii)

                           a preparation composed of one or more substances referred to in point (i) where the concentration of one or more of the individual substances meets the requirements for concentration limits for the classification of a preparation as a category 1 or 2 mutagen set out in either:

                                       Annex I to Directive 67/548/EEC; or

                                       Part B of Annex II to Directive 1999/45/EC where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits;

               c)

               "limit value" means, unless otherwise specified, the limit of the time-weighted average of the concentration for a "carcinogen or mutagen" in the air within the breathing zone of a worker in relation to a specified reference period as set out in Annex III to this Directive.

         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 or mutagens as a result of their work.
   2.   In the case of any activity likely to involve a risk of exposure to carcinogens or mutagens, the nature, degree and duration of workers' exposure shall 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 shall be renewed regularly and in any event when any change occurs in the conditions which may affect workers' exposure to carcinogens or mutagens.
   The employer shall supply the authorities responsible at their request with the information used for making the assessment.
   3.   When assessing the risk, account shall be taken of all other routes of exposure, such as absorption into and/or through the skin.
   4.   When the risk assessment 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 or mutagens.

      CHAPTER II

      EMPLOYERS' OBLIGATIONS

   Article 4
   Reduction and replacement
   1.   The employer shall reduce the use of a carcinogen or mutagen 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 or mutagen 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 or mutagen 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.   Exposure shall not exceed the limit value of a carcinogen as set out in Annex III.
   5.   Wherever a carcinogen or mutagen is used, the employer shall apply all the following measures:

               a)

               limitation of the quantities of a carcinogen or mutagen 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 minimise the release of carcinogens or mutagens into the place of work;

               d)

               evacuation of carcinogens or mutagens 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 or mutagens, in particular for the early detection of abnormal exposures resulting from an unforeseeable event or an accident;

               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 or mutagens;

               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 or mutagens are used;

               b)

               the quantities of substances or preparations manufactured or used which contain carcinogens or mutagens;

               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 unauthorised 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 or mutagens, 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 or mutagens;

               b)

               workers are provided with appropriate protective clothing or other appropriate special clothing;

               c)

               separate storage places are provided for working or protective clothing and for street clothes;

               d)

               workers are provided with appropriate and adequate washing and toilet facilities;

               e)

               protective equipment is properly stored in a well-defined place and is checked and cleaned if possible before, and in any case after, each use;

               f)

               defective equipment is repaired or replaced before further use.

         2.   Workers may not be charged for the cost of the measures set out in paragraph 1.
   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 or mutagens, ensure that all containers, packages and installations containing carcinogens or mutagens 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)

                           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 point (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 shall take place in accordance with Article 11 of Directive 89/391/EEC.

      CHAPTER 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 or mutagens, 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 or mutagen shall be notified to the competent authority.
   Article 15
   Record-keeping
   1.   The list referred to in point (c) of Article 12 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 137(2) 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 or mutagens for which this is possible, and, where necessary, other directly related provisions.
   2.   Limit values and other directly related provisions are 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 137(2) 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 or mutagens 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
   Notifying the Commission
   Member States shall communicate to the Commission the provisions of national law which they adopt in the future in the field governed by this Directive.
   Article 20
   Repeal
   Directive 90/394/EEC, as amended by the Directives referred to in Annex IV, Part A of this Directive is repealed, without prejudice to the obligations of the Member States concerning the time limits for transposition set out in Annex IV, Part B of this Directive.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex V.
   Article 21
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 22
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 29 April 2004.

            For the European Parliament

            The President

            P. COX

            For the Council

            The President

            M. MCDOWELL

      (1)  OJ C 368, 20.12.1999, p. 18.

      (2)  Opinion of the European Parliament of 2 September 2003 (not yet published in the Official Journal) and Council Decision of 30 March 2004.

      (3)  OJ L 196, 26.7.1990, p. 1. Directive as last amended by Directive 1999/38/EC (OJ L 138, 1.6.1999, p. 66).

      (4)  See Annex IV, Part A.

      (5)  OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

      (6)  OJ 196, 16.8.1967, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

      (7)  OJ L 200, 30.7.1999, p. 1. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

      (8)  OJ L 185, 9.7.1974, p. 15. Decision as repealed by the Council Decision of 22 July 2003
   (OJ C 218, 13.9.2003, p. 1).

      (9)  Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) (OJ L 263, 24.9.1983, p. 25). Directive as last amended by Directive 2003/18/EC of the European Parliament and of the Council (OJ L 97, 15.4.2003, p. 48).

      ANNEX I
      List of substances, preparations and processes
      (Article 2(a)(iii))

                  1.

                  Manufacture of auramine.

                  2.

                  Work involving exposure to polycyclic aromatic hydrocarbons present in coal soot, coal tar or coal pitch.

                  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.

                  5.

                  Work involving exposure to hardwood dusts (1).

         (1)  A list of some hardwoods is to be found in Volume 62 of the Monographs on the Evaluation of Carcinogenic Risks to Humans «Wood Dust and Formaldehyde», published by the International Agency for Research on Cancer, Lyon, 1995.

      ANNEX II
      Practical recommendations for the health surveillance of workers
      (Article 14(7))

                  1.

                  The doctor and/or authority responsible for the health surveillance of workers exposed to carcinogens or mutagens must be familiar with the exposure conditions or circumstances of each worker.

                  2.

                  Health surveillance 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 surveillance, 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 surveillance, 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 FOR OCCUPATIONAL EXPOSURE

                  Name of agent

                  EINECS (1)

                  CAS (2)

                  Limit values

                  Notation

                  Transitional measures

                  mg/m3
                      (3)

                  ppm (4)

                  Benzene

                  200-753-7

                  71-43-2

                  3,25 (5)

                  1 (5)

                  Skin (6)

                  Limit value: 3 ppm (=9,75 mg/m3) (until 27 June 2003)

                  Vinyl chloride monomer

                  200-831

                  75-01-4

                  7,77 (5)

                  3 (5)

                  —

                  —

                  Hardwood dusts

                  —

                  —

                  5,0 (5)
                      (7)

                  —

                  —

                  —

         B.   OTHER DIRECTLY RELATED PROVISIONS

      p.m.

         (1)  EINECS: European Inventory of Existing Chemical Substances.

         (2)  CAS: Chemical Abstract Service Number.

         (3)  mg/m3 = milligrams per cubic metre of air at 20oC and 101,3 kPa (760 mm mercury pressure)

         (4)  ppm = parts per million by volume in air (ml/m3).

         (5)  Measured or calculated in relation to a reference period of eight hours.

         (6)  Substantial contribution to the total body burden via dermal exposure possible.

         (7)  Inhalable fraction: if hardwood dusts are mixed with other wood dusts, the limit value shall apply to all wood dusts present in that mixture.

      ANNEX IV

         Part A

         Repealed Directive and its successive amendments

         (referred to by Article 20)

                  Council Directive 90/394/EEC

                  (OJ L 196, 26.7.1990, p. 1)

                  Council Directive 97/42/EC

                  (OJ L 179, 8.7.1997, p. 4)

                  Council Directive 1999/38/EC

                  (OJ L 138, 1.6.1999, p. 66)

         Part B

         Deadlines for transposition into national law

         (referred to by Article 20)

                  Directive

                  Deadline for transposition

                  90/394/EEC

                  31 December 1992

                  97/42/EC

                  27 June 2000

                  1999/38/EC

                  29 April 2003

      ANNEX V

         CORRELATION TABLE

                  Directive 90/394/EC

                  This Directive

                  Article 1

                  Article 1

                  Article 2(a)

                  Article 2 (a)

                  Article 2(aa)

                  Article 2(b)

                  Article 2(b)

                  Article 2 (c)

                  Articles 3 to 9

                  Article 3 to 9

                  Article 10(1)(a)

                  Article 10(1)(a)

                  Article 10(1)(b), first sentence

                  Article 10(1)(b)

                  Article 10(1)(b), second sentence

                  Article 10(1)(c)

                  Article 10(1)(c)

                  Article 10(1)(d)

                  Article 10(1)(d), first and second sentences

                  Article 10(1)(e)

                  Article 10(1)(d), third sentence

                  Article 10(1)(f)

                  Article 10(2)

                  Article 10 (2)

                  Articles 11 to 18

                  Articles 11 to 18

                  Article 19(1) first subparagraph

                  Article 19(1) second subparagraph

                  Article 19(1) third subparagraph

                  Article 19(2)

                  Article 19

                  Article 20

                  Article 21

                  Article 20

                  Article 22

                  Annex I

                  Annex I

                  Annex II

                  Annex II

                  Annex III

                  Annex III

                  Annex IV

                  Annex V


Avis juridique important

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31994L0059

Commission Directive 94/59/EC of 2 December 1994 amending for the third time the Annexes to Council Directive 77/96/EEC on the examination for Trichinae (Trichinelle spiralis) upon importation from third countries of fresh meat derived from domestic swine

Official Journal L 315 , 08/12/1994 P. 0018 - 0020 Finnish special edition: Chapter 3 Volume 63 P. 0240  Swedish special edition: Chapter 3 Volume 63 P. 0240

COMMISSION DIRECTIVE 94/59/EC of 2 December 1994 amending for the third time the Annexes to Council Directive 77/96/EEC on the examination for Trichinae (Trichinelle spiralis) upon importation from third countries of fresh meat derived from  domestic swineTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 77/96/EEC of 21 December 1976 on the examination for trichinae (trichinelle spiralis) upon importation from third countries of fresh meat derived from domestic swine (1), as last amended by Directive 89/321/EEC (2),  and in particular Article 8 thereof,  Whereas recent studies have shown the need to modify certain inspection methods for detecting trichinae in horse meat; whereas the Scientific Veterinary Committee has approved alternative freezing methods for the inactivation of trichinae; whereas the  reliability of these methods from the point of view of health protection is equivalent to that of existing methods; whereas appropriate additions should, therefore, be made to Annex I to Directive 77/96/EEC;  Whereas, in order to facilitate the freezing of meat, non-member countries and the Member States should be permitted to choose between the freezing methods provided for;  Whereas the Scientific Veterinary Committee has recommended that certain technical adaptations and additions be made to the methods of examination for trichinae currently applied, in particular for the examination of horse meat, and as regards the  conditions with which laboratories engaged in the detection of trichinae must comply;  Whereas the measures laid down by this Directive are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Directive 77/96/EEC is hereby amended as set out in the Annex.   Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1995. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.   Article 3  This Directive shall enter into force on 12 December 1994.  Done at Brussels, 2 December 1994.  For the Commission René STEICHEN Member of the Commission  (1) OJ No L 26, 31. 1. 1977, p. 67.  (2) OJ No L 133, 17. 5. 1989, p. 33.      ANNEX  The Annexes to Directive 77/96/EEC are amended as follows:  A. Annex I VII (C) is amended as follows:  1. In point 1 in the 8th indent '5g' is replaced by '7g'.  2. After point 3 the following new point 4 is inserted:  '4. Use of Membrane filters Each polycarbonate membrane filter may be used no more than five times. The filter should be turned between each use. In addition the filter should be checked after each use for any damage which would make it unsuitable for further use.' 3. Point 4 becomes number 5, and number 5 becomes number 6.  B. Annex IV is amended as follows:  1. After the heading 'The freezing of meat' the new subtitle 'I. Method 1' is inserted.  2. After the 7th paragraph the following text is added:  'II. Method 2 The general provisions of paragraphs 1 to 5 of method 1 shall be complied with, and the following time-temperature combinations applied:  1. Meat with a diameter or thickness of up to 15 cm must be frozen according to one of the following time-temperature combinations:  - 20 days at   15 °C,  - 10 days at   23 °C,  - 6 days at   29 °C.  2. Meat with a diameter or thickness of between 15 cm and 50 cm must be frozen according to one of the following time-temperature combinations:  - 30 days at   15 °C,  - 20 days at   25 °C,  - 12 days at   29 °C.  The temperature in the refrigeration room must be no higher than the level of the selected inactivation temperature. It should be measured with calibrated thermoelectric instruments and continuously recorded. It may not be measured directly in the cold  air flow. The instruments must be kept under lock. The charts must include the relevant numbers from the meat inspection register on importation and the date and time of the commencement and completion of freezing, and must be retained for one year  after compilation.  III. Method 3 Control of the temperature at the center of the meat pieces.  1. The following time-temperature combinations shall be applied where the temperature is controlled at the center of the meat pieces and the conditions in paragraphs 2 to 6 are fulfilled:  - 106 hours at   18 °C,  - 82 hours at   21 °C,  - 63 hours at   23,5 °C,  - 48 hours at   26 °C,  - 35 hours at   29 °C,  - 22 hours at   32 °C,  - 8 hours at   35 °C,  -  hour at   37 °C.  2. Meat brought in already frozen must be kept in this condition.  3. Consignments in the refrigeration room must be kept separately and under lock.  4. The date and time when each consignment is brought into the refrigeration room must be recorded.  5. The technical equipment and energy supply of the refrigeration room must be such as to ensure that the temperature referred to under paragraph 1 is reached very rapidly and maintained in all parts of the meat.  6. The temperature should be measured with calibrated thermoelectric instruments and continuously recorded. The probe of the thermometer has to be placed at the center of a calibrated piece of meat of a size no smaller than the thickest piece of meat to  be frozen. This calibrated piece of meat should be placed at the least favorable site in the freezing room, not close to the cooling equipment or directly in the cold air flow. The instruments must be kept under lock. The charts must include the  relevant numbers from the meat inspection register on importation and the date and time of the commencement and completion of freezing, and must be retained for one year after compilation.' C. The following Annex V is added:  'ANNEX V Inspection and freezing of horse meat 1. Inspection The inspection of horse meat has to be performed according to a digestion method mentioned in Annex I with the following modifications:  - Specimens of at least 10 g to be taken from the lingual muscle or the jaw muscle. In the absence of lingual muscle or jaw muscle a specimen of the same size to be taken from a pillar of the diaphragm at the transition to the sinewy part. The muscle  should be clean of connective tissue and fat.  - A 5 g sample is digested for inspection if the artificial digestion of collective samples according to Annex I, Nr. III to VII is applied. For each digest, the total weight of muscle under examination must not exceed 100 g for methods III, IV, V and  VI in Annex I or 35 g for method VII in Annex I.  - In the case of a positive result a further 10 g specimen must be taken for a subsequent independent examination.  2. Freezing of horse meat To kill trichinae by freezing, horse meat must undergo cold treatment in accordance with one of the methods described in Annex IV.'