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31991L0156

Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste

Official Journal L 078 , 26/03/1991 P. 0032 - 0037 Finnish special edition: Chapter 15 Volume 10 P. 0066  Swedish special edition: Chapter 15 Volume 10 P. 0066

COUNCIL DIRECTIVE  of 18 March 1991  amending Directive 75/442/EEC on waste  (91/156/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 103s thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Par- liament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Directive 75/442/EEC (4) established a set of Community rules on waste disposal; whereas these must be amended to take account of experience gained in the implementation of this Directive by the Member States; whereas the amendments take as a  base a high level of environmental protection;  Whereas the Council undertook to amend Directive 75/442/EEC in its resolution of 7 May 1990 on waste policy (5);  Whereas common terminology and a definition of waste are needed in order to improve the efficiency of waste management in the Community;  Whereas, in order to achieve a high level of environmental protection, the Memeber States must, in addition to taking action to ensure the responsible removal and recovery of waste, take measures to restrict the production of waste particularly by  promoting clean technologies and products which can be recycled and re-used, taking into consideration existing or potential market opportunities for recovered waste;  Whereas, moreover, any disparity between Member States' laws on waste disposal and recovery can affect the quality of the environment and interfere which the functioning of the internal market;  Whereas it is desirable to encourage the recycling of waste and re-use of waste as raw materials; whereas it may be necessary to adopt specific rules for re-usable waste;  Whereas it is important for the Community as a whole to become self-sufficient in waste disposal and it is desirable for Member States individually to aim at such self-sufficiency;  Whereas, in order to achieve the abovementioned objectives, waste management plans should be drawn up in the Member States;  Whereas movements of waste should be reduced and whereas Member States may take the necessary measures to that end in their management plans;  Whereas, to ensure a high level of protection and effective control, it is necessary to provide for authorization and inspection of undertakings which carry out waste disposal and recovery;  Whereas, subject to certain conditions, and provided that they comply with environmental protection requirements, some establishments which process their waste themselves or carry out waste recovery may be exempted from permit requirements; whereas such  establishments should be subject to registration;  Whereas, in order that waste can be monitored from its production to its final disposal, other undertakings involved with waste, such as waste collectors, carriers and brokers should also be subject to authorization or registration and appropriate  inspection;  Whereas a committee should be set up to assist the Commission in implementing this Directive and adapting it to scientific and technical progress,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 75/442/EEC is hereby amended as follows:  1. Articles 1 to 12 are replaced by the following:  'Article 1  For the purposes of this Directive:  (a) "waste" shall mean any substance or object in the categories set out in Annex I which the holder discards or intends or is required to discard.  The Commission, acting in accordance with the procedure laid down in Article 18, will draw up, not later than 1 April 1993, a list of wastes belonging to the categories listed in Annex I. This list will be periodically reviewed and, if necessary,  revised by the same procedure;  (b) "producer" shall mean anyone whose activities produce waste ("original producer") and/or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste;  (c) "holder" shall mean the producer of the waste or the natural or legal person who is in possession of it;  (d) "management" shall mean the collection, transport, recovery and disposal of waste, including the supervision of such operations and after-care of disposal sites;  (e) "disposal" shall mean any of the operations provided for in Annex II, A;  (f) "recovery" shall mean any of the operations provided for in Annex II, B;  (g) "collection" shall mean the gathering, sorting and/or mixing of waste for the purpose of transport.  Article 2  1. The following shall be excluded from the scope of this Directive:  (a) gaseous effluents emitted into the atmosphere;  (b) where they are already covered by other legislation:  (i) radioactive waste;  (ii) waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries;  (iii) animal carcases and the following agricultural waste: faecal matter and other natural, non-dangerous substances used in farming;  (iv) waste waters, with the exception of waste in liquid form;  (v) decommissioned explosives.  2. Specific rules for particular instances or supplementing those of this Directive on the management of particular categories of waste may be laid down by means of individual Directives.  Article 3  1. Member States shall take appropriate measures to encourage:  (a) firstly, the prevention or reduction of waste production and its harmfulness, in particular by:  - the development of clean technologies more sparing in their use of natural resources,  - the technical development and marketing of products designed so as to make no contribution or to make the smallest possible contribution, by the nature of their manufacture, use or final disposal, to increasing the amount or harmfulness of waste and  pollution hazards,  - the development of appropriate techniques for the final disposal of dangerous substances contained in waste destined for recovery;  (b) secondly:  (i) the recovery of waste by means of recycling, re-use or reclamation or any other process with a view to extracting secondary raw materials, or  (ii) the use of waste as a source of energy.  2. Except where Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (*) applies, Member States shall inform the Commission of any measures they intend  to take to achieve the aims set out in paragraph 1. The Commission shall inform the other Member States and the committee referred to in Article 18 of such measures.   (*) OJ No L 109, 26. 4. 1983, p. 8.  Article 4  Member States shall take the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, and in particular:  - without risk to water, air, soil and plants and animals,  - without causing a nuisance through noise or odours,  - without adversely affecting the countryside or places of special interest.  Member States shall also take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste.  Article 5  1. Member States shall take appropriate measures, in cooperation with other Member States where this is necessary or advisable, to establish an integrated and adequate network of disposal installations, taking account of the best available technology  not involving excessive costs. The network must enable the Community as a whole to become self-sufficient in waste disposal and the Member States to move towards that aim individually, taking into account geographical circumstances or the need for  specialized installations for certain types of waste.  2. The network must also enable waste to be disposed of in one of the nearest appropriate installations, by means of the most appropriate methods and technologies in order to ensure a high level of protection for the environment and public health.  Article 6  Member States shall establish or designate the competent authority or authorities to be responsible for the implementation of this Directive.  Article 7  1. In order to attain the objectives referred to in Article 3, 4 and 5, the competent authority or authorities referred to in Article 6 shall be required to draw up as soon as possible one or more waste management plans. Such plans shall relate in  particular to:  - the type, quantity and origin of waste to be recovered or disposed of,  - general technical requirements,  - any special arrangements for particular wastes,  - suitable disposal sites or installations.  Such plans may, for example, cover:  - the natural or legal persons empowered to carry out the managment of waste,  - the estimated costs of the recovery and disposal operations,  - appropriate measures to encourage rationalization of the collection, sorting and treatment of waste.  2. Member States shall collaborate as appropriate with the other Member States concerned and the Commission to draw up such plans. They shall notify the Commission thereof.  3. Member States may take the measures necessary to prevent movements of waste which are not in accordance ance with their waste management plans. They shall inform the Commission and the Member States of any such measures.  Article 8  Member States shall take the necessary measures to ensure that any holder of waste:  - has it handled by a private or public waste collector or by an undertaking which carries out the operations listed in Annex II A or B, or  - recovers or disposes of it himself in accordance with the provisions of this Directive.  Article 9  1. For the purposes of implementing Articles 4, 5 and 7, any establishment or undertaking which carries out the operations specified in Annex II A must obtain a permit from the competent authority referred to in Article 6.  Such permit shall cover:  - the types and quantities of waste,  - the technical requirements,  - the security precautions to be taken,  - the disposal site,  - the treatment method.  2. Permits may be granted for a specified period, they may be renewable, they may be subject to conditions and obligations, or, notably, if the intended method of disposal is unacceptable from the point of view of environmental protection, they may be  refused.  Article 10  For the purposes of implementing Article 4, any establishment or undertaking which carries out the operations referred to in Annex II B must obtain a permit.  Article 11  1. Without prejudice to Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste (*), as last amended by the Act of Accession of Spain and Portugal, the following may be exempted from the permit requirement imposed in Article 9 or  Article 10:  (a) establishments or undertakings carrying out their own waste disposal at the place of production;  and  (b) establishments or undertakings that carry out waste recovery.  This exemption may apply only:  - if the competent authorities have adopted general rules for each type of activity laying down the types and quantities of waste and the conditions under which the activity in question may be exempted from the permit requirements,  and  - if the types or quantities of waste and methods of disposal or recovery are such that the conditions imposed in Article 4 are complied with.  2. The establishments or undertakings referred to in paragraph 1 shall be registered with the competent authorities.  3. Member States shall inform the Commission of the general rules adopted pursuant to paragraph 1.   (*) OJ No L 84, 31. 3. 1978, p. 43.  Article 12  Establishments or undertakings which collect or transport waste on a professional basis or which arrange for the disposal or recovery of waste on behalf of others (dealers or brokers), where not subject to authorization, shall be registered with the  competent authorities.  Article 13  Establishments or undertakings which carry out the operations referred to in Articles 9 to 12 shall be subject to appropriate periodic inspections by the competent authorities.  Article 14  All establishments or undertakings referred to in Articles 9 and 10 shall:  - keep a record of the quantity, nature, origin, and, where relevant, the destination, frequency of collection, mode of transport and treatment method in respect of the waste referred to in Annex I and the operations referred to in Annex II A or B,  - make this information available, on request, to the competent authorities referred to in Article 6.  Member States may also require producers to comply with the provisions of this Article.  Article 15  In accordance with the "polluter pays" principle, the cost of disposing of waste must be borne by:  - the holder who has waste handled by a waste collector or by an undertaking as referred to in Article 9,  and/or  - the previous holders or the producer of the product from which the waste came.  Article 16  1. Every three years, and for the first time on 1 April 1995, Member States shall send the Commission a report on the measures taken to implement this Directive. This report shall be based on a questionnaire, drawn up in accordance with the procedure  referred to in Article 18, which the Commission shall send to the Member States six months before the above date.  2. On the basis of the reports referred to in paragraph 1, the Commission shall publish a consolidated report every three years, and for the first time on 1 April 1996.  Article 17  The amendments necessary for adapting the Annexes to this Directive to scientific and technical progress shall be adopted in accordance with the procedure laid down in Article 18.  Article 18  The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.  The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The  opinion shall be delivered by the majority laid down in Article 148 (2) of the EEC Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.  If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.  If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.'  2. Articles 13, 14 and 15 become Articles 19, 20 and 21.  3. The following Annexes are added:  'ANNEX I  CATEGORIES OF WASTE  Q1  Production or consumption residues not otherwise specified below   Q2  Off-specification products   Q3  Products whose date for appropriate use has expired   Q4  Materials spilled, lost or having undergone other mishap, including any materials,  equipment, etc., contaminated as a result of the mishap   Q5  Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations, packing materials, containers, etc.)   Q6  Unusable parts (e.g. reject batteries,  exhausted catalysts, etc.)   Q7  Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated solvents, exhausted tempering salts, etc.)   Q8  Residues of industrial processes (e.g. slags, still bottoms, etc.)   Q9  Residues  from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters, etc.)   Q10  Machining/finishing residues (e.g. lathe turnings, mill scales, etc.)   Q11  Residues from raw materials extraction and processing (e.g. mining  residues, oil field slops, etc.)   Q12  Adulterated materials (e.g. oils contaminated with PCBs, etc.)   Q13  Any materials, substances or products whose use has been banned by law   Q14  Products for which the holder has no further use (e.g. agricultural,  household, office, commercial and shop discards, etc.)   Q15  Contaminated materials, substances or products resulting from remedial action with respect to land   Q16  Any materials, substances or products which are not contained in the above categories.  ANNEX IIA  DISPOSAL OPERATIONS  NB: This Annex is intended to list disposal operations such as they occur in practice. In accordance with Article 4, waste must be disposed of without endangering human health and without the use of processes or methods likely to harm the environment.   D1  Tipping above or underground (e.g. landfill, etc.)   D2  Land treatment (e.g. biodegradation of liquid or sludge discards in soils, etc.)   D3  Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occuring  repositories, etc.)   D4  Surface impoundment (e.g. placement of liquid or sludge discards into pits, ponds or lagoons, etc.)   D5  Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another and  the environment, etc.)   D6  Release of solid waste into a water body except seas/oceans   D7  Release into seas/oceans including seabed insertion   D8  Biological treatment not specified elsewhere in this Annex which results in final compounds or mixtures  which are disposed of by means of any of the operations in this Annex   D9  Physico-chemical treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are disposed of by means of any of the operations in this  Annex (e.g. evaporation, drying, calcination, etc.)   D10  Incineration on land   D11  Incineration at sea   D12  Permanent storage (e.g. emplacement of containers in a mine, etc.)   D13  Blending or mixture prior to submission to any of the operations in  this Annex   D14  Repackaging prior to submission to any of the operations in this Annex   D15  Storage pending any of the operations in this Annex, excluding temporary storage, pending collection, on the site where it is produced. ANNEX II B  OPERATIONS WHICH MAY LEAD TO RECOVERY  NB: This Annex is intended to list recovery operations as they are carried out in practice. In accordance with Article 4, waste must be recovered without endangering human health and without the use of processes or methods likely to harm the  environment.   R1  Solvent reclamation/regeneration   R2  Recycling/reclamation of organic substances which are not used as solvents   R3  Recycling/reclamation of metals and metal compounds   R4  Recycling/reclamation of other inorganic materials   R5  Regeneration of acids or bases   R6  Recovery of components used for pollution abatement   R7  Recovery of components from catalysts   R8  Oil re-refining or other re-uses of oil   R9  Use principally as a fuel or other means to generate energy   R10  Spreading on land resulting in benefit to agriculture or ecological improvement, including composting and other biological transformation processes, except in the case of waste excluded under Article 2 (1) (b) (iii)   R11  Use of wastes obtained from any of the operations numbered R1 - R10   R12  Exchange of wastes for submission to any of the operations numbered R1 - R11   R13  Storage of materials intended for submission to any operation in this Annex, excluding temporary storage, pending collection, on the site where it  is produced.'  Article 2  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 April 1993. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, the measures shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the  Member States.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.  Article 3  This Directive is addressed to the Member States.   Done at Brussels, 18 March 1991.   For the Council  The President  A. BODRY  (1) OJ No C 295, 19. 11. 1988, p. 3 and OJ No C 326, 30. 12. 1989, p. 6.   (2) OJ No C 158, 26. 6. 1989, p. 232 and opinion delivered on 22 February 1991 (not yet published in the Official Journal).   (3) OJ No C 56, 6. 3. 1989, p. 2.   (4) OJ No L 194, 25. 7. 1975, p. 47.   (5) OJ No C 122, 18. 5. 1990, p. 2.


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31993L0084

Commission Directive 93/84/EEC of 30 September 1993 amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings

Official Journal L 254 , 12/10/1993 P. 0016 - 0018 Finnish special edition: Chapter 8 Volume 2 P. 0023  Swedish special edition: Chapter 8 Volume 2 P. 0023

COMMISSION DIRECTIVE 93/84/EEC of 30 September 1993 amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakingsTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 90 (3) thereof,  Whereas Commission Directive 80/723/EEC (1), as amended by Directive 85/413/EEC (2), introduced a system whereby Member States were placed under an obligation to ensure that financial relations between public authorities and public undertakings are  transparent; whereas that Directive required certain financial information to be retained by Member States and supplied to the Commission when requested;  Whereas Directive 80/723/EEC contains provisions, particularly in Articles 3 and 5, which may facilitate the Commission's task in meeting the obligations it has assumed;  Whereas public undertakings paly an important role in the economies of Member States; whereas the need for transparency of financial relations between the Member States and their public undertakings has proved greater than before, on account of  developments in the competitive situation in the common market, especially as the Community is moving towards close economic integration and social cohesion;  Whereas the Member States have adopted a Single European Act which in turn has led to the creation of the Single Market with effect from 1 January 1993; whereas this will lead to greater competitive pressures and to a need for the Commission to be  vigilant in ensuring that the full benefits of the Single Market are achieved; whereas the Single Market makes it incrasingly necessary to ensure that an equality of opportunity exists between both public and private undertakings;  Whereas it has been established that a significant part of the financial flows between a State and its public undertakings pass though a variety of forms of financial transfers and do not simply take the form of capital or quasi-capital injections;  Whereas it is predominantly in the manufacturing sector that the Commission has established that a considerable amount of aid has been granted to undertakings but not notified pursuant to Article 93 (3) of the Treaty; whereas the first (3), second (4)  and third (5) State aid surveys confirm that large amounts of State aid continue to be granted illegally;  Whereas a reporting system based on ex post facto checks of the financial flows between public authorities and public undertakings will enable the Commission to fulfil its obligations; whereas that system of control must cover specific financial  information; whereas such information is not always publicly available and, as it is found in the public arena, is insufficiently detailed to allow a proper evaluation of the financial flows between the State and public undertakings;  Whereas all of the information requested can be regarded as being proportional to the objective pursued, taking account of the fact that such information is already subject to the disclosure obligations under the Fourth Council Directive 78/660/EEC (6)  concerning the annual accounts of companies, as last amended by Directive 90/605/EEC (7);  Whereas, in order to limit the administrative burden on Member States, the reporting system should make use of both publicly available data and information available majority shareholders; whereas the presentation of consolidated reports is to be  permitted; whereas incompatible aid to major undertakings operating in the manufacturing sector will have the greatest distortive effect on competition in the common market; whereas, therefore, such a reporting system may at present be limited to  undertakings with a yearly turnover of more that ECU 250 million;  Whereas, although the Commission, when notifying the Directive in 1980, took the view that movements of funds within a public undertakings or group of public undertakings were not subject to the requirements of Directive 80/723/EEC, the inclusion of  such information is called for by the new requirements of economic life, which is often influenced by State intervention via public undertakings; whereas, as has been underlined in the case-law of the Court of Justice since 1980 (8), infringements of  the provisions of Article 93 (3) by Member States have increased appreciably, thereby making the Commission's monitoring tasks in the field of competition more and more difficult; whereas the Commission's powers of vigilance must therefore be increased,   HAS ADOPTED THIS DIRECTIVE:   Article 1  Directive 80/723/EEC is amended as follows:  1. in Article 2, the following indent is added:  '- "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 to be included in Section D - Manufacturing (being subsection DA up to  and including subsection DN) of the NACE (Rev. 1) classification (*).  (*) OJ No L 83, 3. 4. 1993,';  2. Article 5a is inserted as follows:  'Article 5a 1. Member States whose public undertakings operate in the manufacturing sector shall supply the financial information as set out in paragraph 2 to the Commission on an annual basis within the timetable contained in paragraph 4.  2. The financial information required for each public undertaking operating in the manufacturing sector and in accordance with paragraph 3 shall be as follows:  (i) the annual report and annual accounts, in accordance with the definition of Council Directive 78/660/EEC (*). 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 following details, in so far as not disclosed in the annual report and annual accounts of each public undertaking, shall also be provided:  (ii) 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);  (iii) non-refundable grants, or grants which are only refundable in certain circumstances;  (iv) 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;   (v) guarantees given to the enterprise by public authorities in respect of loan finance (specifying terms and any charges paid by enterprises for these guarantees);  (vi) dividends paid out and profits retained;  (vii) any other forms of State intervention, in particular, the forgiving 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.  3. The information required by paragraph 2 shall be provided for all public undertakings whose turnover for the most recent financial year was more than ECU 250 million.  The information required above shall be supplied separately for each public undertaking including those located in the Member States, and shall include, where appropriate, details of all intra- and inter-group transactions between different public  undertakings, as well as transactions conducted direct between public undertaking and the State. The share capital referred to in paragraph 2 (ii) shall include share capital contributed by the State direct 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 raltionship between the provider of the finance and the recipient shall always be  specified. Similarly, the reports required in paragraph 2 shall be provided for each individual public undertakings separately, as well as for the (sub-)holding company which consolidates several public undertakings in so far as the consolidated sales  of the (sub)-holding company lead to its being classified as "manufacturing".  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.  4. The information required under paragraph 2 shall be supplied to the Commission on an annual basis. The information in respect of the financial year 1992 shall be forwarded to the Commission within two months of publication of this Directive.  For 1993 and subsequent years, 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.  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, within two months of publication of this Directive. The list is  to be updated by 31 March of each year.  5. This Article is applicable to companies owned or controlled by the Treuhandanstalt only from the expiry date of the special reporting system set up for Treuhandanstalt investments.  6. 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.  (*) OJ No L 222, 14. 8. 1978, p. 11.'  Article 2  Member States shall adopt the provisions necessary to comply with this Directive by 1 November 1993. They shall inform the Commission thereof immediately.  When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.   Article 3  This Directive is addressed to the Member States.  Done at Brussels, 30 September 1993.  For the Commission Karel VAN MIERT Vice-President  (1) OJ No L 195, 29. 7. 1980, p. 35.  (2) OJ No L 229, 28. 8. 1985, p. 20.  (3) ISBN 92-825-9535.  (4) ISBN 9-826-0386.  (5) ISBN 92-826-4637.  (6) OJ No L 222, 14. 8. 1978, p. 11.  (7) OJ No L 317, 16. 11. 1990, p. 60.  (8) See, for example, the Judgments in Case 290/83 Commission v. France [1985] ECR, 439 (agriculture credit fund), Joined Cases 67, 68 and 70/85 Van der Kooy v. Commission [1988] ECR, p. 219, Case 303/88 Italy v. Commission [1991] ECR-I, p. 1433  (ENI-Lanerossi) and Case C-305/89 Italy v. Commission [1991] ECR-I, p. 1603 (IRI, Finmeccanica and Alfa Romeo).


Avis juridique important

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31989L0284

Council Directive 89/284/EEC of 13 April 1989 supplementing and amending Directive 76/116/EEC in respect of the calcium, magnesium, sodium and sulphur content of fertilizers

Official Journal L 111 , 22/04/1989 P. 0034 - 0038 Finnish special edition: Chapter 13 Volume 18 P. 0229  Swedish special edition: Chapter 13 Volume 18 P. 0229

*****COUNCIL  DIRECTIVE  of 13 April 1989  supplementing and amending Directive 76/116/EEC in respect of the calcium, magnesium, sodium and sulphur content of fertilizers  (89/284/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas measures need to be adopted for the progressive completion of the internal market by 31 December 1992; whereas the internal market is an area without internal frontiers in which the free movement of goods, persons, services and capital is guaranteed;  Whereas Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilizers (4), as last amended by Directive 88/183/EEC (5), laid down rules for the marketing of solid EEC fertilizers; whereas it has proved necessary to extend the said Directive to include the calcium, magnesium, sodium and sulphur contents of such fertilizers;  Whereas Directive 76/116/EEC may henceforth be applicable to fertilizers containing only calcium, magnesium and sulphur,  HAS ADOPTED THIS DIRECTIVE:  Article 1  A declaration of the magnesium, sodium and sulphur content of the EEC fertilizers listed in Annex I to Directive 76/116/EEC may be made provided that these elements are present in at least the minimum quantities specified in Article 2 of this Directive and that the EEC fertilizers continue to satisfy the requirements of Annex I to Directive 76/116/EEC. In such cases, the marking specified in point (b) of Article 6 of this Directive shall be added to the type designation.  Article 2  A declaration of the magnesium, sodium and sulphur content of the EEC fertilizers referred to in Article 1 may be made only if they contain not less than:  - 2 % of magnesium oxide (MgO), i.e. 1,2 % Mg,  - 3 % of sodium oxide (Na2O), i.e. 2,2 % Na,  - 5 % of sulphur trioxide (SO3), i.e. 2 % S.  Article 3  1. Within the meaning of this Directive, a declaration of the calcium content considered to be a nutrient shall be made, without prejudice to paragraph 2, only for fertilizers of types 1 and 2 as listed in Annex I.  Member States may stipulate that the calcium content of fertilizers marketed in their territories be expressed in the oxide form (CaO), in the elemental form (Ca), or in both of these forms.  The following formula shall be used to convert the calcium oxide content into a calcium content:  calcium (Ca) = calcium oxide (CaO) × 0,715  2. The soluble calcium content of the liquid fertilizers referred to in Part C of Annex I to Directive 76/116/EEC, which are intended for foliage spraying, may be stipulated when the content reaches a minimum of 8 % calcium oxide (= 5,7 % Ca).  Article 4  Fertilizers meeting the provisions of this Directive and the Annexes thereto may be marked 'EEC FERTILIZER'.  Article 5  Member States may stipulate that the magnesium, sodium and sulphur contents of fertilizers marketed in their territories shall be expressed:  - in the oxide form (MgO, Na2O, SO3),  - or in the elemental form (Mg, Na, S),  - or in both of these forms.  The following formulae shall be used to convert the sodium oxide and sulphur trioxide contents into sodium and sulphur contents:  - sodium (Na) = sodium oxide (Na2O) × 0,742,  - sulphur (S) = sulphur trioxide (SO3) × 0,400.  If the oxide content is calculated, the figure declared shall be rounded to the nearest decimal place.  Article 6  Compulsory marking for identification purposes:  (a) 'EEC FERTILIZER' in capital letters;  (b) the designation of the type of fertilizer:  - either in accordance with Annex I to Directive 76/116/EEC, with the designation of the type being followed by 'containing . . .' and the names or chemical symbols of the elements referred to in this Directive which the fertilizer contains. The figures indicating the contents of the elements referred to in Directive 76/116/EEC may be followed by figures in brackets for the elements referred to in Annex I to this Directive,  - or in accordance with Annex I to this Directive;  (c) the guaranteed content in respect of each nutrient and the guaranteed content expressed as forms and/or solubilities, where these are apecified in the Annexes to the Directives on fertilizers.  The nutrient content of staight and compound fertilizers shall be given as a percentage by weight in whole numbers, or where necessary, to one decimal place.  If a fertilizer contains several declarable elements, their contents shall be indicated in the following order:  N, P2O5 and/or P, K2O and/or K, CaO or Ca, MgO and/or Mg, Na2O and/or Na, SO3 and/or S.  The forms and solubilities of the nutrients shall also be expressed as a percentage by weight of fertilizer, except where Annex I to Directive 76/116/EEC explicitly provides that this content shall be otherwise expressed.  Nutrients shall be indicated both in words and by appropriate chemical symbols, e.g. nitrogen (N), phosphorus (P), phosphorus pentoxide (P2O5), potassium (K), potassium oxide (K2O), magnesium (Mg), magnesium oxide (MgO), sodium (Na), sodium oxide (Na2O), sulphur (S), sulphur trioxide (SO3), calcium (Ca) and calcium oxide (CaO).  Article 7  The declaration of the magnesium, sodium and sulphur content of the fertilizers referred to in Article 1 shall be expressed in one of the following ways:  - the total content expressed as a percentage of the fertilizer by weight,  - where an element is totally soluble in water, only the content soluble in water shall be declared,  - the total content and the content soluble in water, expressed as a percentage of the fertilizer by weight when the soluble content is at least a quarter of the total content.  The contents shall be determined under the conditions specified in the analytical methods referred to in Article 8 of Directive 76/116/EEC.  Article 8  The tolerances allowed in respect of the declared calcium, magnesium, sodium and sulphur contents shall be a quarter of the declared contents of these elements up to a maximum of 0,9 % in absolute terms for CaO, MgO, Na2O and SO3, i.e. 0,64 for Ca, 0,55 for Mg, 0,67 for Na and 0,36 for S.  Article 9  Annex I to Directive 76/116/EEC shall be amended as follows:  1. the EEC fertilizer kieserite with potassium sulphate mentioned in Annex II to this Directive shall be added to Part A - Straight fertilizers, III. Potassic fertilizers - as No 7; 2. the EEC fertilizer calcium nitrate solution, mentioned in Annex II to this Directive, shall be added to Part C - Liquid fertilizers 1 - Straight fertilizers - as No 3, for liquid fertilizers.  Article 10  1. Member States shall adopt the measures necessary to comply with this Directive within 12 months of its notification (1). They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field governed by this Directive.  Article 11  This Directive is addressed to the Member States.  Done at Luxembourg, 13 April 1989.  For the Council  The President  P. SOLBES  (1) OJ No C 20, 26. 1. 1988, p. 5.  (2) OJ No C 262, 10. 10. 1986, p. 82 and  OJ No C 47, 27. 2. 1989.  (3) OJ No C 134, 24. 5. 1988, p. 6.  (4) OJ No L 24, 30. 1. 1976, p. 21.  (5) OJ No L 83, 29. 3. 1988, p. 33.  (1) This Directive was notified to Member States on 17 April 1989.  ANNEXE I  LIST OF FERTILIZERS CONTAINING MAINLY CALCIUM, MAGNESIUM OR SULPHUR AS NUTRIENTS  1.2.3.4.5.6 // No   // Type designation  // Data on method of production and essential ingredients  // Minimum content of nutrients (percentage by weight) Data on the expression of nutrients Other requirements  // Other data on the type designation  // Nutrient content to be declared Solubilities of the nutrients Other criteria  //  //  //  //  //  //  // 1  // 2  // 3  // 4  // 5  // 6  //  //  //  //  //  //  // 1  // Calcium sulphate   // Product of natural or industrial origin containing calcium sulphate at various degrees of hydration   // 25 % CaO 35 % SO3 Calcium and sulphur expressed as total CaO + SO3   // Usual trade names may be added  // Total sulphur trioxide Optional: total CaO   //   //   //  // Fineness of grind:   //   //   //   //   //   // - at least 80 % to pass through a sieve with a 2 mm mesh width,   //   //  //   //   //   // - at least 99 % to pass through a sieve with a 10 mm mesh width   //   //   //    //   //   //   //   //  // 2   // Calcium chloride solution   // Calcium chloride solution of industrial origin   // 12 % CaO Calcium expressed as water-soluble CaO   //   // Calcium oxide Optional: for plant spraying   //    //   //   //   //   //   // 3  // Elemental sulphur   // Comparatively refined natural or industrial product   // 98 % S (245 %: SO3) Sulphur expressed as total SO3   //   // Total sulphur trioxide   //    //   //  //   //   //   // 4   // Kieserite   // Product of mineral origin containing monohydrated magnesium sulphate as main component   // 24 % MgO 45 % SO3 Magnesium and sulphur expressed as water-soluble magnesium oxide and sulphur trioxide   // Usual trade names may be added   // Water soluble magnesium oxide Optional: water-soluble sulphur trioxide   //  //   //   //   //   //   // 5   // Magnesium sulphate  // Product containing heptahydrated magnesium sulphate as main component   // 15 % MgO 28 % SO3 Magnesium and sulphur expressed as water-soluble magnesium oxide and sulphur trioxide   // Usual trade names may be added   // Water-soluble magnesium oxide Optional: water-soluble sulphur trioxide   //  //   //   //   //   //   // 6   // Magnesium chloride solution   // Product obtained by dissolving magnesium chloride of industrial origin   // 13 % MgO Magnesium expressed as magnesium oxide Maximum calcium content: 3 % CaO   //  // Magnesium oxide   //    //   //   //   //   //  ANNEX II  1.2.3.4.5.6 // No   // Type designation  // Data on method of production and essential ingredients  // Minimum content of nutrients (percentage by weight) Data on the expression of nutrients Other requirements  // Other data on the type designation  // Nutrient content to be declared Forms and solubilities of the nutrients Other criteria  //  //  //  //  //  //  // 1   // 2  // 3  // 4  // 5  // 6  //  //  //  //  //  //  // 7   // Kieserite with potassium sulphate   // Product obtained from Kieserite with potassium sulphate added   // 8 % MgO Magnesium expressed as water-soluble MgO 6 % K2O Potassium expressed as water-soluble K2O Total MgO + K2O: 20 % Maximum chlorine content: 3 % Cl  // Usual trade names may be added   // Water-soluble magnesium oxide Water-soluble potassium oxide Optional mention of the chlorine content where lower than 3 % Cl   //    //   //   //  //   //   // 3   // Calcium nitrate solution   // Product obtained by dissolving calcium nitrate in water   // 8 % N Nitrogen expressed as nitrogen in nitric form with a maximum 1 % nitrogen as ammonia   // The type designation may be followed, as appropriate, by one of the following indications: - for foliar application - for making nutrient solutions - for ferti-irrigation   // Total nitrogen Optionally: - nitrogen in nitric form - nitrogen as ammonia - calcium in the case of one of the uses stipulated in column 5   //    //   //   //   //  //


Avis juridique important

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32001L0046

Directive 2001/46/EC of the European Parliament and of the Council of 23 July 2001 amending Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition and Directives 70/524/EEC, 96/25/EC and 1999/29/EC on animal nutrition

Official Journal L 234 , 01/09/2001 P. 0055 - 0059

Directive 2001/46/EC of the European Parliament and of the Councilof 23 July 2001amending Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition and Directives 70/524/EEC, 96/25/EC and 1999/29/EC on animal nutritionTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having consulted the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) The safety of products destined for animal nutrition is of primary concern and it is necessary to ensure that products put into circulation in the Community for the purposes of animal nutrition are safe. Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition(4) contributes to the achievement of that objective.(2) Council Directive 74/63/EEC has been repealed by Article 16 of Council Directive 1999/29/EC of 22 April 1999 on undesirable substances and products in animal nutrition(5). Therefore, references to Directive 74/63/EEC have to be amended pursuant to the Table in Annex IV to Directive 1999/29/EC.(3) As regards the reference to the circulation of products to be used in animal nutrition, it is necessary to harmonise the definitions used by Directives 70/524/EEC(6), 95/53/EC and 96/25/EC(7) in the animal nutrition sector.(4) Serious dioxin contamination recently occurred twice in products to be used in animal nutrition. Taking into account the experience gained from these incidents, it is necessary to improve the procedures applicable to cases where a product for animal nutrition poses a serious risk to human or animal health or to the environment or where certain infringements of Directive 1999/29/EC are detected. The aim is in this way to improve the management of risks which would preclude the level of protection of human or animal health and of the environment provided for in the Community Regulation on animal nutrition while not trivialising those special procedures by systematically applying them to minor problems.(5) A Commission inspection carried out following dioxin contamination of the feed and food chain revealed that Member States had had difficulty in managing such an unusual crisis. In the light of the experience gained, and in order to ensure that serious risks involving a product for animal nutrition are managed with equivalent guarantees of efficiency throughout the Community, it is necessary to introduce provisions requiring the Members States to have in place contingency operational plans to deal with emergencies in the animal nutrition sector.(6) Where a serious risk to human or animal health or to the environment arises in a Member State due to products for animal nutrition, and where that risk cannot be contained satisfactorily by the Member State(s) concerned, it is indispensable for the Commission to be able to take all the necessary precautionary measures and to have in particular the authority to suspend trade in, and exports of, products for animal nutrition from all or part of the Member State concerned or to establish special conditions for the relevant products or substances.(7) Directive 1999/29/EC establishes the maximum permitted levels for certain undesirable substances and products in feed materials and feeding stuffs.(8) A system has already been established to enable the Member States to be informed by operators, at all stages of the feed producing chain, of certain cases of non compliance with the rules on undesirable products and substances. In view of both the experience gained and the similar arrangements provided for in the Community rules on general product safety, that system should be improved and extended to render it applicable to all cases where an operator finds that a product for animal nutrition poses a serious risk to human or animal health or to the environment.(9) At present there is an obligation to inform the other Member States and the Commission when a consignment of feed materials or feeding stuffs which is not in compliance with the maximum levels for undesirable substances or products is likely to be sent to other Member States.(10) It is necessary to incorporate this rapid information exchange system into Directive 95/53/EC and set standard procedures for its operation, so that it can be applied in future in all cases where a product endangers human health, animal health or the environment and for the purpose of improving the inspection system as a whole. For reasons of simplicity and efficiency, the system should also apply where a Member State refuses a product from a third country when checking it upon importation. These standard procedures could, subject to certain amendments, be the same as those laid down for exchanging information in emergencies pursuant to Council Directive 92/59/EEC of 29 June 1992 on general product safety(8).(11) It is not possible to list all potentially dangerous contaminations of biological or chemical origin, which may happen by accident or by illegal action, and may affect a product to be used in animal nutrition.(12) The risk of hazards deriving from mislabeling or from handling, transport, storage or processing should be taken into consideration.(13) To improve the efficiency of the inspection system and the relevant inspection measures, where there is a suspicion of contamination posing a serious risk to human health, animal health or to the environment, Member States should be required to verify the nature and extent of the contamination and to make every effort to identify its origin in order to detect any other possible contamination.(14) Directive 95/53/EC requires Member States to submit to the Commission information on the results of inspections carried out each year, before 1 April 2000 for the first time. It is also laid down that those reports will be used by the Commission to prepare and submit an overall summary report on inspections carried out at Community level together with a proposal for a coordinated inspection programme for the following year. Information concerning contamination affecting the safety of a product to be used in animal nutrition shall be considered by the Member States and the Commission in fixing the priorities for annual coordinated inspection programmes. All the information gathered on risks to human health, animal health or to the environment, relating to the circulation and use of products for animal nutrition, can be better analysed when provided in harmonised and standardised form.(15) Taking into account the foregoing, Directives 95/53/EC, 70/524/EEC, 96/25/EC and 1999/29/EC should be amended,HAVE ADOPTED THIS DIRECTIVE:Article 1Council Directive 95/53/EC is amended as follows:1. Article 2(1) is amended as follows:(a) in point (a), the second indent shall be replaced by the following: "- Council Directive 1999/29/EC of 22 April 1999 on undesirable substances and products in animal nutrition(9)."(b) point (e) shall be replaced by the following: "(e) 'product intended for animal nutrition' or 'product': animal feed or any substance used in animal nutrition;"(c) point (h) shall be replaced by the following: "(h) 'putting into circulation' or 'circulation': the holding of any product intended for animal nutrition for the purposes of sale, including offering for sale, or any other form of transfer, whether free or not, to third parties, and the sale and other forms of transfer themselves.";2. the following Article shall be added after Article 4: "Article 4a1. Member States shall draw up contingency operational plans setting out measures to be implemented without delay where a product for animal nutrition has been found to pose a serious risk to human health, animal health or to the environment and specifying powers and responsibilities as well as channels for transmitting information. Member States shall review these plans as appropriate, particularly in the light of changes in the organisation of the inspection services and of the experience gained, including that gained in any simulation exercises.2. Member States shall forward to the Commission the contingency operational plans drawn up by them and also any amendments thereto.3. The Commission shall examine the plans and suggest to the Member States concerned any amendment which would help to ensure that Member States' contingency operation plans offer equivalent guarantees of efficiency. Where necessary in order to achieve that objective the Commission, acting in accordance with the procedure provided for in Article 23, may issue guidelines to harmonise the contingency operational plans.";3. Article 12(1) shall be replaced by the following: "1. The competent authority of the Member State of destination may, at places of destination, check the compliance of products with the provisions of Article 2(1)(a) by means of non-discriminatory random checks. In particular, and only to the extent necessary for carrying out these random checks, Member States may ask operators to report the arrival of the products to that competent authority. Member States shall inform the Commission when they avail themselves of this action.";4. in Article 13(1), the second indent shall be replaced by the following: "- rendering the products harmless where appropriate,";5. in Article 14, the first paragraph shall be replaced by the following: "In the event of the destruction, use for other purposes, re-dispatch to the country of origin or rendering harmless of the products as provided for in Article 13(1), the Member State of destination shall contact the Member State of dispatch without delay. The Member State of dispatch shall take all necessary measures and notify the Member State of destination of the nature and outcome of the checks carried out, the decisions taken and the reasons for such decisions.";6. the following Section shall be added after Article 15: "Section 3aSafeguard clauseArticle 15a1. Where a problem due to a product to be used in animal nutrition, likely to pose a serious risk to human health, animal health or to the environment, appears in one or more Member States and cannot be contained satisfactorily by means of the measures taken by the Member State(s) concerned, the Commission, acting in accordance with the procedure provided for in Article 23a on its own initiative or at the request of a Member State, shall immediately, depending on the seriousness of the situation adopt the following measures:- suspend the putting into circulation within the Community, the use in animal nutrition or exports to third countries of products from all or part of the Member State(s) concerned or from one or more establishments situated in Community territory, or- lay down special conditions for the putting into circulation in the Community, the use in animal nutrition or exports to third countries of products from all or part of the Member State(s) concerned or from one or more establishments situated in Community territory.2. However, in emergencies, the Commission may provisionally adopt the measures referred to in paragraph 1 after consulting the Member State(s) concerned and informing the other Member States. It shall submit the matter to the Standing Committee for Feeding stuffs set up by Article 1 of Decision 70/372/EEC(10) within ten working days for its opinion, in accordance with the procedure laid down in Article 23a, with a view to the extension, amendment or repeal of those measures.Where a Member State officially informs the Commission of the need to take protective measures and where the Commission has not had recourse to the measures referred to in paragraph 1, that Member State may adopt temporary protective measures with regard to use or putting into circulation. Where a Member State adopts such measures, it shall immediately inform the other Member States and the Commission. The Commission shall submit the question to the Standing Committee for Feeding stuffs within ten working days for its opinion in accordance with the procedure laid down in Article 23a with a view to the extension, amendment or repeal of the temporary protective measures taken by that Member State.Article 15bThe Commission shall inform the European Parliament of the measures taken under Articles 9a and 15a."7. the following Chapter shall be added after Article 16: "CHAPTER IIIAINFORMATION SYSTEM FOR HAZARDS FROM FEEDING STUFFSArticle 16aMember States shall prescribe that the persons responsible for the establishments must immediately inform the Member States' competent authorities if they have evidence that a consignment of products for animal nutrition which they have brought into Community territory from a third country or put into circulation, and which they are holding or own:- exceeds the maximum levels laid down in Section A of Annex II to Directive 1999/29/EC beyond which the product must not be fed as such to animals or mixed with other products for animal nutrition, or- does not comply with one of the other provisions referred to in Article 2(1)(a) of this Directive and, owing to that non-compliance and, in view of the purpose for which it is intended, poses a serious risk to human health, animal health or to the environment.The persons responsible for the establishments shall provide all details enabling precise identification of the relevant product or consignment of products and as full as possible a description of the risk posed by the product or products concerned, as well as all available information useful in tracing the product or products. They shall also inform the competent authorities of the Member States of action taken to prevent risks to human health, animal health or to the environment, describing that action.The Member States shall lay down the same information requirements concerning the risks posed by products for animal nutrition for persons carrying out health monitoring of holdings such as those referred to in Article 10 of Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products(11), and for persons responsible for laboratories carrying out analyses.Where appropriate, the competent authorities shall apply the provisions of Articles 8, 11 or 13.Article 16b1. Where the competent authorities of the Member States have information indicating, on the basis of the risk assessment factors available, that a consignment of products for animal nutrition poses a serious risk to human health, animal health or to the environment they shall verify the information received and, where appropriate, ensure that the necessary measures are taken so that the consignment is not used in animal nutrition, put the consignment under restriction and investigate immediately:- the nature of the hazard and where appropriate the level of undesirable substances,- the possible origin of the undesirable substances or of the hazard,in order to assess the risk more closely.Where appropriate, the risk assessment shall be extended to other consignments of the same product or to other products in the feed or food chain which might contain undesirable substances or in respect of which such a hazard might exist, taking into account any admixture of the undesirable substances in other products for animal nutrition and possible recycling of dangerous products into the feed chain.2. Where the existence of a serious risk is confirmed in accordance with paragraph 1, Member States shall ensure that the final destination of the consignment containing undesirable substances, including possible decontamination, further action to render the products harmless, reprocessing or destruction, cannot have harmful effects on human or animal health or on the environment and where it is possible that the undesirable substances or the risk of such substances being present has extended to other consignments or to the feed or food chain they shall immediately identify and put under control other consignments of the products deemed hazardous and also, where appropriate, identify live animals fed with hazardous products and implement the measures provided for in Directive 96/23/EC or in other relevant Community provisions relating to animal health or to the food safety of products of animal origin ensuring coordination between the relevant control services, in order to avoid the hazardous products being put into circulation and to ensure the enforcement of recall procedures for the products already in circulation.Article 16c1. Where a Member State finds that a product for animal nutrition which has been put into circulation in its own territory and in that of other Member States, or a product originating in a third country which has been brought into Community territory in order to be put into circulation in one or more Member States:- exceeds the maximum levels laid down in Section A of Annex II to Directive 1999/29/EC beyond which the product must not be fed as such to animals or mixed with other products for animal nutrition, or- does not comply with one of the other provisions referred to in Article 2(1)(a) of this Directive and, owing to that non-compliance and the purpose for which it is intended, poses a serious risk to human health, animal health or to the environment,that Member State shall forthwith alert the Commission by way of notification.It shall provide sufficient information to identify the products concerned, trace and put them under control and, where appropriate, the live animals fed with them, and shall specify safeguard measures envisaged or already taken, in order to enable the Commission properly to inform the other Member States.2. Any Member State concerned shall immediately alert the Commission of any follow up measure taken in respect of the notified hazards, including information concerning the end of the risk situation.3. The Commission and the Member States shall set up and operate a system for rapid exchange of information under conditions set in accordance with the procedure provided for in Article 23, with a view to expediting transmission and dissemination of the alerts referred to in paragraph 1 and the information referred to in Article 8(1).4. The Commission shall inform the European Parliament of measures taken to expedite the transmission and dissemination of alerts."8. Article 17(2) shall be replaced by the following: "2. Member States shall provide that officials responsible for inspection are subject to professional confidentiality. However, this provision shall not affect the possibility for the competent authorities of the Member States of disseminating information necessary to prevent a serious risk to human health, animal health or to the environment.";9. Article 17a shall be replaced by the following: "Article 17a1. Without prejudice to Article 15, experts from the Commission may, insofar as is necessary for the uniform application of this Directive, make on-the-spot inspections in cooperation with the competent authorities of the Member States. The Member State on whose territory inspections are made shall afford the experts all the assistance necessary for carrying out their duties. The Commission shall inform the competent authorities, the Member States and the European Parliament of the results of the inspections made.2. The detailed rules for the application of this Article, and in particular those governing the arrangements for cooperation with the national authorities, shall be adopted in accordance with the procedure referred to in Article 23.";10. Article 22 shall be amended as follows:(a) the following sentence shall be added at the end of paragraph 2: "This information shall be presented in the form of annual reports in accordance with a specimen to be drawn up pursuant to Article 23."(b) the following subparagraph shall be added at the end of paragraph 3: "The overall summary report referred to in the first subparagraph shall be communicated to the European Parliament."Article 2In Directive 70/524/EEC, Article 2(k) shall be replaced by the following: "(k) 'putting into circulation' or 'circulation': the holding of any product intended for animal nutrition for the purposes of sale, including offering for sale, or any other form of transfer, whether free or not, to third parties, and the sale and other forms of transfer themselves;"Article 3In Directive 96/25/EC, Article 2(b) shall be replaced by the following: "(b) 'putting into circulation' or 'circulation': the holding of any product intended for animal nutrition for the purposes of sale, including offering for sale, or any other form of transfer, whether free or not, to third parties, and the sale and other forms of transfer themselves."Article 4Article 12(3) and (4) of Directive 1999/29/EC are hereby repealed.Article 51. Member States shall adopt and publish, not later than 1 September 2002 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 May 2003.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the main provisions of national law which they adopt in the field covered by this Directive.Article 6This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 7This Directive is addressed to the Member States.Done at Brussels, 23 July 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentA. Neyts-Uyttebroeck(1) OJ C 274 E, 26.9.2000, p. 28 and OJ C 96 E, 27.3.2001, p. 279.(2) OJ C 367, 20.12.2000, p. 11.(3) Opinion of the European Parliament of 4 October 2000 (not yet published in the Official Journal), Council Common Position of 12 February 2001 (OJ C 93, 23.3.2001, p. 1) and Decision of the European Parliament of 15 May 2001 (not yet published in the Official Journal). Council Decision of 19 June 2001.(4) OJ L 265, 8.11.1995, p. 17. Directive as last amended by Directive 2000/77/EC of the European Parliament and of the Council (OJ L 333, 29.12.2000, p. 81).(5) OJ L 115, 4.5.1999, p. 32.(6) Council Directive 70/524/EEC of 23 November 1970 concerning additives in feeding stuffs (OJ L 270, 14.12.1970, p. 1). Directive as last amended by Directive 1999/20/EC (OJ L 80, 25.3.1999, p. 20).(7) Council Directive 96/25/EC of 29 April 1996 on the circulation of feed materials (OJ L 125, 23.5.1996, p. 35). Directive as last amended by Directive 2000/16/EC of the European Parliament and of the Council (OJ L 105, 3.5.2000, p. 36).(8) OJ L 228, 11.8.1992, p. 24.(9) OJ L 115, 4.5.1999, p. 32.(10) OJ L 170, 3.8.1970, p. 1.(11) OJ L 125, 23.5.1996, p. 10.


Avis juridique important

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31996L0021

Council Directive 96/21/EC of 29 March 1996 amending Commission Directive 94/54/EC concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 79/112/EEC

Official Journal L 088 , 05/04/1996 P. 0005 - 0006

COUNCIL DIRECTIVE 96/21/EC of 29 March 1996 amending Commission Directive 94/54/EC concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 79/112/EECTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (1), and in particular Article 4 (2) thereof,Having regard to European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffs, and in particular Article 6 thereof (2),Having regard to the proposal from the Commission,Whereas Commission Directive 94/54/EC of 18 November 1994 concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 79/112/EEC (3) contains a list of foodstuffs for which the labelling must include one or more additional particulars;Whereas the purpose of this Directive is to supplement the said Annex with regard to foodstuffs containing sweeteners;Whereas, having regard to the scope and effects of the proposed action, the Community measures introduced by this Directive are not only necessary but essential if the objectives set are to be attained; whereas those objectives cannot be attained by the Member States acting individually; whereas, moreover, Directive 94/35/EC already provides for the attainment of such objectives at Community level;Whereas, with a view to providing adequate consumer information, the labelling of foodstuffs which contain sweeteners must bear details to that effect;Whereas, moreover, warnings should also be given on the labelling of foodstuffs containing certain categories of sweetener;Whereas, in accordance with the procedure laid down in Article 17 of Directive 79/112/EEC and Article 7 of Directive 94/35/EC, a draft of this Directive was submitted to the Standing Committee on Foodstuffs; whereas the latter was unable to deliver an opinion; whereas in accordance with that same procedure the Commission has submitted a proposal to the Council regarding the measures to be adopted,HAS ADOPTED THIS DIRECTIVE:Article 1 The Annex to Directive 94/54/EC is hereby supplemented as follows:>TABLE>Article 2 Member States shall, where necessary, amend their laws, regulations and administrative provisions before 1 July 1996 so as to:- allow trade in products complying with this Directive by 1 July 1996 at the latest;- prohibit trade in products not complying with this Directive from 1 July 1997. However, products placed on the market or labelled before that date which do not comply with this Directive may be marketed until stocks are exhausted.They shall forthwith inform the Commission thereof.When Member States adopt such provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.Article 3 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 29 March 1996.For the CouncilThe PresidentT. TREU(1) OJ No L 33, 8. 2. 1979, p. 1. Directive as last amended by Directive 93/102/EC (OJ No L 291, 25. 11. 1993, p. 14).(2) OJ No L 237, 10. 9. 1994, p. 3.(3) OJ No L 300, 23. 11. 1994, p. 14.