title: Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco

text:
               5.7.2011

               EN

               Official Journal of the European Union

               L 176/24

         COUNCIL DIRECTIVE 2011/64/EU
   of 21 June 2011
   on the structure and rates of excise duty applied to manufactured tobacco
   (codification)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 113 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Parliament,
   Having regard to the opinion of the European Economic and Social Committee,
   Acting in accordance with a special legislative procedure,
   Whereas:

               (1)

               Council Directives 92/79/EEC of 19 October 1992 on the approximation of taxes on cigarettes (1), 92/80/EEC of 19 October 1992 on the approximation of taxes on manufactured tobacco other than cigarettes (2) and 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco (3) have been substantially amended several times (4). In the interests of clarity and rationality the said Directives should be codified by assembling them in a single act.

               (2)

               The Union’s fiscal legislation on tobacco products needs to ensure the proper functioning of the internal market and, at the same time, a high level of health protection, as required by Article 168 of the Treaty on the Functioning of the European Union, bearing in mind that tobacco products can cause serious harm to health and that the Union is Party to the World Health Organization’s Framework Convention on Tobacco Control (FCTC). Account should be taken of the situation prevailing for each of the various types of manufactured tobacco.

               (3)

               One of the objectives of the Treaty on European Union is to maintain an economic union, whose characteristics are similar to those of a domestic market, within which there is healthy competition. As regards manufactured tobacco, achievement of this aim presupposes that the application in the Member States of taxes affecting the consumption of products in this sector does not distort conditions of competition and does not impede their free movement within the Union.

               (4)

               The various types of manufactured tobacco, distinguished by their characteristics and by the way in which they are used, should be defined.

               (5)

               A distinction needs to be made between fine-cut tobacco for the rolling of cigarettes and other smoking tobacco.

               (6)

               Rolls of tobacco capable of being smoked as they are after simple handling should also be deemed to be cigarettes for the purposes of uniform taxation of these products.

               (7)

               A manufacturer needs to be defined as a natural or legal person who actually prepares tobacco products and sets the maximum retail selling price for each of the Member States for which the products in question are to be released for consumption.

               (8)

               In the interests of uniform and fair taxation, a definition of cigarettes, cigars and cigarillos and of other smoking tobacco should be laid down so that, respectively, rolls of tobacco which according to their length can be considered as two cigarettes or more are treated as two cigarettes or more for excise purposes, a type of cigar which is similar in many respects to a cigarette is treated as a cigarette for excise purposes, smoking tobacco which is similar in many respects to fine-cut tobacco intended for the rolling of cigarettes is treated as fine-cut tobacco for excise purposes, and tobacco refuse is clearly defined. In view of the economic difficulties that immediate implementation could cause for the German and Hungarian operators concerned, Germany and Hungary should be authorised to postpone the application of the definition of cigars and cigarillos until 1 January 2015.

               (9)

               As far as excise duties are concerned, harmonisation of structures must, in particular, result in competition in the different categories of manufactured tobacco belonging to the same group not being distorted by the effects of the charging of the tax and, consequently, in the opening of the national markets of the Member States.

               (10)

               The imperative needs of competition imply a system of freely formed prices for all groups of manufactured tobacco.

               (11)

               The structure of the excise duty on cigarettes must include, in addition to a specific component calculated per unit of the product, a proportional component based on the retail selling price, inclusive of all taxes. The turnover tax on cigarettes has the same effect as an ad valorem excise duty and this fact should be taken into account when the ratio between the specific component of the excise duty and the total tax burden is being established.

               (12)

               Without prejudice to the mixed tax structure and the maximum percentage of the specific component of the total tax burden, Member States should be given effective means to levy specific or minimum excise duty on cigarettes, so as to ensure that at least a certain minimum amount of taxation applies throughout the Union.

               (13)

               For the proper functioning of the internal market, it is necessary to establish minimum excise duties for all categories of manufactured tobacco.

               (14)

               As regards cigarettes, neutral conditions of competition for manufacturers should be assured, the partitioning of the tobacco markets should be reduced and health objectives should be underscored. Thus, a price related minimum requirement should refer to the weighted average retail selling price, whereas a monetary minimum should be applicable to all cigarettes. For the same reasons, the weighted average retail selling price should also serve as a reference for measuring the importance of specific excise duty within the total tax burden.

               (15)

               As regards prices and excise levels, in particular for cigarettes — by far the most important category of tobacco products — as well as for fine cut-tobacco intended for the rolling of cigarettes, there are still considerable differences between Member States which may disturb the operation of the internal market. A certain degree of convergence between the tax levels applied in the Member States would help to reduce fraud and smuggling within the Union.

               (16)

               Such convergence would also help to ensure a high level of protection for human health. The level of taxation is a major factor in the price of tobacco products, which in turn influences consumers’ smoking habits. Fraud and smuggling undermine tax induced price levels, in particular of cigarettes and fine-cut tobacco intended for the rolling of cigarettes, and thus jeopardise the achievement of tobacco control and health protection objectives.

               (17)

               As regards products other than cigarettes, a harmonised incidence of tax should be established for all products belonging to the same group of manufactured tobacco. The setting of an overall minimum excise duty expressed as a percentage, as an amount per kilogram or for a given number of items is the most appropriate for the functioning of the internal market.

               (18)

               As regards fine-cut tobacco intended for the rolling of cigarettes, a Union price related minimum requirement should be expressed in such a way as to obtain effects similar to those in the field of cigarettes and should take the weighted average retail selling price as the point of reference.

               (19)

               It is necessary to bring the minimum levels for fine-cut tobacco intended for the rolling of cigarettes closer to the minimum levels applicable to cigarettes, so as to better take account of the degree of competition existing between the two products, reflected in consumption patterns observed, as well as their equally harmful character.

               (20)

               Portugal should be granted the possibility of applying a reduced rate for cigarettes made by small-scale producers and consumed in the most remote regions of the Azores and Madeira.

               (21)

               Transitional periods should allow Member States to adapt smoothly to the levels of the overall excise duty, thus limiting possible side effects.

               (22)

               In order to prevent damage to Corsica’s economic and social equilibrium, it is both essential and justifiable to provide for a derogation, until 31 December 2015, by which France may apply a rate of excise duty that is lower than the national rate to cigarettes and other manufactured tobaccos released for consumption in Corsica. By that date, the tax rules for manufactured tobaccos released for consumption there should be brought fully into line with the rules for mainland France. Nevertheless, too abrupt a change should be avoided and there should therefore be a stepwise increase in the excise duty currently levied on cigarettes and fine-cut tobacco intended for the rolling of cigarettes in Corsica.

               (23)

               A majority of Member States grant exemptions from excise duty or make refunds of excise duty in respect of certain types of manufactured tobacco depending on the use which is made of them, and the exemptions or refunds for particular uses need to be specified in this Directive.

               (24)

               A procedure should be provided for to enable the rates or amounts laid down in this Directive to be reviewed periodically on the basis of a Commission report taking account of all the appropriate factors.

               (25)

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

         HAS ADOPTED THIS DIRECTIVE:
   CHAPTER 1

      SUBJECT MATTER

   Article 1
   This Directive lays down general principles for the harmonisation of the structure and rates of the excise duty to which the Member States subject manufactured tobacco.
   CHAPTER 2

      DEFINITIONS

   Article 2
   1.   For the purposes of this Directive manufactured tobacco shall mean:

               (a)

               cigarettes;

               (b)

               cigars and cigarillos;

               (c)

               smoking tobacco:

                           (i)

                           fine-cut tobacco for the rolling of cigarettes;

                           (ii)

                           other smoking tobacco.

         2.   Products consisting in whole or in part of substances other than tobacco but otherwise conforming to the criteria set out in Article 3 or Article 5(1) shall be treated as cigarettes and smoking tobacco.
   Notwithstanding the first subparagraph, products containing no tobacco and used exclusively for medical purposes shall not be treated as manufactured tobacco.
   3.   Notwithstanding existing Union provisions, the definitions referred to in paragraph 2 of this Article and Articles 3, 4 and 5 shall be without prejudice to the choice of system or the level of taxation which shall apply to the different groups of products referred to in these Articles.
   Article 3
   1.   For the purposes of this Directive cigarettes shall mean:

               (a)

               rolls of tobacco capable of being smoked as they are and which are not cigars or cigarillos within the meaning of Article 4(1);

               (b)

               rolls of tobacco which, by simple non-industrial handling, are inserted into cigarette-paper tubes;

               (c)

               rolls of tobacco which, by simple non-industrial handling, are wrapped in cigarette paper.

         2.   A roll of tobacco referred to in paragraph 1 shall, for excise duty purposes, be considered as two cigarettes where, excluding filter or mouthpiece, it is longer than 8 cm but not longer than 11 cm, as three cigarettes where, excluding filter or mouthpiece, it is longer than 11 cm but not longer than 14 cm, and so on.
   Article 4
   1.   For the purposes of this Directive the following shall be deemed to be cigars or cigarillos if they can be and, given their properties and normal consumer expectations, are exclusively intended to be smoked as they are:

               (a)

               rolls of tobacco with an outer wrapper of natural tobacco;

               (b)

               rolls of tobacco with a threshed blend filler and with an outer wrapper of the normal colour of a cigar, of reconstituted tobacco, covering the product in full, including, where appropriate, the filter but not, in the case of tipped cigars, the tip, where the unit weight, not including filter or mouthpiece, is not less than 2,3 g and not more than 10 g, and the circumference over at least one third of the length is not less than 34 mm.

         2.   By way of derogation from paragraph 1, the following subparagraph may continue to be applied by Germany and Hungary until 31 December 2014.
   The following shall be deemed to be cigars or cigarillos if they can be smoked as they are:

               (a)

               rolls of tobacco made entirely of natural tobacco;

               (b)

               rolls of tobacco with an outer wrapper of natural tobacco;

               (c)

               rolls of tobacco with a threshed blend filler and with an outer wrapper of the normal colour of a cigar covering the product in full, including, where appropriate, the filter but not, in the case of tipped cigars, the tip, and a binder, both being of reconstituted tobacco, where the unit weight, not including filter or mouthpiece, is not less than 1,2 g and where the wrapper is fitted in spiral form with an acute angle of at least 30° to the longitudinal axis of the cigar;

               (d)

               rolls of tobacco with a threshed blend filler and with an outer wrapper of the normal colour of a cigar, of reconstituted tobacco, covering the product in full, including where appropriate the filter but not, in the case of tipped cigars, the tip, where the unit weight, not including filter or mouth-piece, is not less than 2,3 g and the circumference over at least one third of the length is not less than 34 mm.

         3.   Products which consist in part of substances other than tobacco but otherwise fulfil the criteria set out in paragraph 1 shall be treated as cigars and cigarillos.
   Article 5
   1.   For the purposes of this Directive smoking tobacco shall mean:

               (a)

               tobacco which has been cut or otherwise split, twisted or pressed into blocks and is capable of being smoked without further industrial processing;

               (b)

               tobacco refuse put up for retail sale which does not fall under Article 3 and Article 4(1) and which can be smoked. For the purpose of this Article, tobacco refuse shall be deemed to be remnants of tobacco leaves and by-products obtained from tobacco processing or the manufacture of tobacco products.

         2.   Smoking tobacco in which more than 25 % by weight of the tobacco particles have a cut width of less than 1,5 millimetre shall be deemed to be fine-cut tobacco for the rolling of cigarettes.
   Member States may also deem smoking tobacco in which more than 25 % by weight of the tobacco particles have a cut width of 1,5 millimetre or more and which was sold or intended to be sold for the rolling of cigarettes to be fine-cut tobacco for the rolling of cigarettes.
   Article 6
   A natural or legal person established in the Union who converts tobacco into manufactured products prepared for retail sale shall be deemed to be a manufacturer.
   CHAPTER 3

      PROVISIONS APPLICABLE TO CIGARETTES

   Article 7
   1.   Cigarettes manufactured in the Union and those imported from third countries shall be subject to an ad valorem excise duty calculated on the maximum retail selling price, including customs duties, and also to a specific excise duty calculated per unit of the product.
   Notwithstanding the first subparagraph, Member States may exclude customs duties from the basis for calculating the ad valorem excise duty on cigarettes.
   2.   The rate of the ad valorem excise duty and the amount of the specific excise duty must be the same for all cigarettes.
   3.   At the final stage of harmonisation of structures, the same ratio shall be established for cigarettes in all Member States between the specific excise duty and the sum of the ad valorem excise duty and the turnover tax, in such a way that the range of retail selling prices reflects fairly the difference in the manufacturers’ delivery prices.
   4.   Where necessary, the excise duty on cigarettes may include a minimum tax component, provided that the mixed structure of taxation and the band of the specific component of the excise duty as laid down in Article 8 is strictly respected.
   Article 8
   1.   The percentage of the specific component of excise duty in the amount of the total tax burden on cigarettes shall be established by reference to the weighted average retail selling price.
   2.   The weighted average retail selling price shall be calculated by reference to the total value of all cigarettes released for consumption, based on the retail selling price including all taxes, divided by the total quantity of cigarettes released for consumption. It shall be determined by 1 March at the latest of each year on the basis of data relating to all such releases for consumption made in the preceding calendar year.
   3.   Until 31 December 2013, the specific component of the excise duty shall not be less than 5 % and shall not be more than 76,5 % of the amount of the total tax burden resulting from the aggregation of the following:

               (a)

               specific excise duty;

               (b)

               the ad valorem excise duty and the value added tax (VAT) levied on the weighted average retail selling price.

         4.   From 1 January 2014, the specific component of the excise duty on cigarettes shall not be less than 7,5 % and shall not be more than 76,5 % of the amount of the total tax burden resulting from the aggregation of the following:

               (a)

               specific excise duty;

               (b)

               the ad valorem excise duty and the VAT levied on the weighted average retail selling price.

         5.   By way of derogation from paragraphs 3 and 4, where a change in the weighted average retail selling price of cigarettes occurs in a Member State, thereby bringing the specific component of the excise duty, expressed as a percentage of the total tax burden, below the percentage of 5 % or 7,5 %, whichever is applicable, or above the percentage of 76,5 % of the total tax burden, the Member State concerned may refrain from adjusting the amount of the specific excise duty until 1 January of the second year following that in which the change occurs.
   6.   Subject to paragraphs 3, 4 and 5 of this Article and the second subparagraph of Article 7(1), Member States may levy a minimum excise duty on cigarettes.
   Article 9
   1.   Member States shall apply to cigarettes minimum consumption taxes in accordance with the rules provided for in this Chapter.
   2.   Paragraph 1 shall apply to the taxes which, pursuant to this Chapter, are levied on cigarettes and which comprise:

               (a)

               a specific excise duty per unit of the product;

               (b)

               an ad valorem excise duty calculated on the basis of the maximum retail selling price;

               (c)

               a VAT proportional to the retail selling price.

         Article 10
   1.   The overall excise duty (specific duty and ad valorem duty excluding VAT) on cigarettes shall represent at least 57 % of the weighted average retail selling price of cigarettes released for consumption. That excise duty shall not be less than EUR 64 per 1 000 cigarettes irrespective of the weighted average retail selling price.
   However, Member States which levy an excise duty of at least EUR 101 per 1 000 cigarettes on the basis of the weighted average retail selling price need not to comply with the 57 % requirement set out in the first subparagraph.
   2.   From 1 January 2014, the overall excise duty on cigarettes shall represent at least 60 % of the weighted average retail selling price of cigarettes released for consumption. That excise duty shall not be less than EUR 90 per 1 000 cigarettes irrespective of the weighted average retail selling price.
   However, Member States which levy an excise duty of at least EUR 115 per 1 000 cigarettes on the basis of the weighted average retail selling price need not to comply with the 60 % requirement set out in the first subparagraph.
   Bulgaria, Estonia, Greece, Latvia, Lithuania, Hungary, Poland and Romania shall be allowed a transitional period until 31 December 2017 in order to reach the requirements laid down in the first and second subparagraphs.
   3.   Member States shall gradually increase excise duties in order to reach the requirements referred to in paragraph 2 on the dates set therein.
   Article 11
   1.   Where a change in the weighted average retail selling price of cigarettes occurs in a Member State, thereby bringing the overall excise duty below the levels specified in the first sentence of paragraph 1 and in the first sentence of paragraph 2 of Article 10 respectively, the Member State concerned may refrain from adjusting that duty until 1 January of the second year following that in which the change occurs.
   2.   Where a Member State increases the rate of VAT on cigarettes, it may reduce the overall excise duty up to an amount which, expressed as a percentage of the weighted average retail selling price, is equal to the increase in the rate of VAT, also expressed as a percentage of the weighted average retail selling price, even if such an adjustment has the effect of reducing the overall excise duty to below the levels, expressed as a percentage of the weighted average retail selling price, laid down in the first sentence of paragraph 1 and in the first sentence of paragraph 2 of Article 10 respectively.
   However, the Member State shall raise that duty again so as to reach at least those levels by 1 January of the second year after that in which the reduction took place.
   Article 12
   1.   Portugal may apply a reduced rate of up to 50 % less than that laid down in Article 10 to cigarettes consumed in the most remote regions of the Azores and Madeira, made by small-scale manufacturers each of whose annual production does not exceed 500 tonnes.
   2.   By way of derogation from Article 10, France may continue to apply for the period from 1 January 2010 to 31 December 2015 a reduced rate of excise duty to cigarettes released for consumption in the departments of Corsica up to an annual quota of 1 200 tonnes. The reduced rate shall be:

               (a)

               until 31 December 2012, at least 44 % of the price for cigarettes in the price category most in demand in those departments;

               (b)

               from 1 January 2013, at least 50 % of the weighted average retail selling price of cigarettes released for consumption; the excise duty shall not be less than EUR 88 per 1 000 cigarettes irrespective of the weighted average retail selling price;

               (c)

               from 1 January 2015, at least 57 % of the weighted average retail selling price of cigarettes released for consumption; the excise duty shall not be less than EUR 90 per 1 000 cigarettes irrespective of the weighted average retail selling price.

         CHAPTER 4

      PROVISIONS APPLICABLE TO MANUFACTURED TOBACCO OTHER THAN CIGARETTES

   Article 13
   The following groups of manufactured tobacco produced in the Union and imported from third countries shall be subject, in each Member State, to a minimum excise duty as laid down in Article 14:

               (a)

               cigars and cigarillos;

               (b)

               fine-cut tobacco intended for the rolling of cigarettes;

               (c)

               other smoking tobaccos.

         Article 14
   1.   Member States shall apply an excise duty which may be:

               (a)

               either an ad valorem duty calculated on the basis of the maximum retail selling price of each product, freely determined by manufacturers established in the Union and by importers from third countries in accordance with Article 15; or

               (b)

               a specific duty expressed as an amount per kilogram, or in the case of cigars and cigarillos, alternatively for a given number of items; or

               (c)

               a mixture of both, combining an ad valorem element and a specific element.

         In cases where excise duty is either ad valorem or mixed, Member States may establish a minimum amount of excise duty.
   2.   The overall excise duty (specific duty and/or ad valorem duty excluding VAT), expressed as a percentage, as an amount per kilogram or for a given number of items, shall be at least equivalent to the rates or minimum amounts laid down for:
   (a)   cigars or cigarillos: 5 % of the retail selling price inclusive of all taxes or EUR 12 per 1 000 items or per kilogram;
   (b)   fine-cut smoking tobacco intended for the rolling of cigarettes: 40 % of the weighted average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, or EUR 40 per kilogram;
   (c)   other smoking tobaccos: 20 % of the retail selling price inclusive of all taxes, or EUR 22 per kilogram.
   From 1 January 2013, the overall excise duty on fine-cut smoking tobacco intended for the rolling of cigarettes shall represent at least 43 % of the weighted average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, or at least EUR 47 per kilogram.
   From 1 January 2015 the overall excise duty on fine-cut smoking tobacco intended for the rolling of cigarettes shall represent at least 46 % of the weighted average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, or at least EUR 54 per kilogram.
   From 1 January 2018, the overall excise duty on fine-cut smoking tobacco intended for the rolling of cigarettes shall represent at least 48 % of the weighted average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, or at least EUR 60 per kilogram.
   From 1 January 2020, the overall excise duty on fine-cut smoking tobacco intended for the rolling of cigarettes shall represent at least 50 % of the weighted average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, or at least EUR 60 per kilogram.
   The weighted average retail selling price shall be calculated by reference to the total value of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, based on retail selling price including all taxes, divided by the total quantity of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption. It shall be determined by 1 March at the latest of each year on the basis of data relating to all such releases for consumption made in the preceding calendar year.
   3.   The rates or amounts referred to in paragraphs 1 and 2 shall be effective for all products belonging to the group of manufactured tobaccos concerned, without distinction within each group as to quality, presentation, origin of the products, the materials used, the characteristics of the firms involved or any other criterion.
   4.   By way of derogation from paragraphs 1 and 2, France may continue to apply, for the period from 1 January 2010 to 31 December 2015, a reduced rate of excise duty to manufactured tobacco other than cigarettes released for consumption in the departments of Corsica. The reduced rate shall be:
   (a)   for cigars and cigarillos: at least 10 % of the retail selling price, inclusive of all taxes;
   (b)   for fine-cut smoking tobacco intended for the rolling of cigarettes:

               (i)

               until 31 December 2012, at least 27 % of the retail selling price, inclusive of all taxes;

               (ii)

               from 1 January 2013, at least 30 % of the retail selling price, inclusive of all taxes;

               (iii)

               from 1 January 2015, at least 35 % of the retail selling price, inclusive of all taxes;

         (c)   for other smoking tobacco: at least 22 % of the retail selling price, inclusive of all taxes.
   CHAPTER 5

      DETERMINATION OF THE MAXIMUM RETAIL SELLING PRICE OF MANUFACTURED TOBACCO, COLLECTION OF EXCISE DUTY, EXEMPTIONS AND REFUNDS

   Article 15
   1.   Manufacturers or, where appropriate, their representatives or authorised agents in the Union, and importers of tobacco from third countries shall be free to determine the maximum retail selling price for each of their products for each Member State for which the products in question are to be released for consumption.
   The first subparagraph may not, however, hinder implementation of national systems of legislation regarding the control of price levels or the observance of imposed prices, provided that they are compatible with Union legislation.
   2.   In order to facilitate the levying of the excise duty, Member States may, for each group of manufactured tobacco, fix a scale of retail selling prices on condition that each scale has sufficient scope and variety to correspond in fact with the variety of products originating in the Union.
   Each scale shall be valid for all the products belonging to the group of manufactured tobacco which it concerns, without distinction on the basis of quality, presentation, the origin of the products or of the materials used, the characteristics of the undertakings or of any other criterion.
   Article 16
   1.   At the final stage of harmonisation of the excise duty, at the latest the rules for collecting the excise duty shall be harmonised. During the preceding stage, the excise duty shall, in principle, be collected by means of tax stamps. If they collect the excise duty by means of tax stamps, Member States shall be obliged to make these stamps available to manufacturers and dealers in other Member States. If they collect the excise duty by other means, Member States shall ensure that no obstacle, either administrative or technical, affects trade between Member States on that account.
   2.   Importers and Union manufacturers of manufactured tobacco shall be subject to the system set out in paragraph 1 as regards the detailed rules for levying and paying the excise duty.
   Article 17
   The following may be exempted from excise duty or excise duty already paid on them may be refunded:

               (a)

               denatured manufactured tobacco used for industrial or horticultural purposes;

               (b)

               manufactured tobacco which is destroyed under administrative supervision;

               (c)

               manufactured tobacco which is solely intended for scientific tests and for tests connected with product quality;

               (d)

               manufactured tobacco which is reworked by the producer.

         Member States shall determine the conditions and formalities to which the abovementioned exemptions or refunds are subject.
   CHAPTER 6

      FINAL PROVISIONS

   Article 18
   1.   The Commission shall publish once a year the value of the euro in national currencies to be applied to the amounts of the overall excise duty.
   The exchange rates to be applied shall be those obtained on the first working day of October and published in the Official Journal of the European Union and shall apply from 1 January of the following calendar year.
   2.   Member States may maintain the amounts of the excise duties in force at the time of the annual adjustment provided for in paragraph 1 if the conversion of the amounts of the excise duties expressed in euro would result in an increase of less than 5 % or less than EUR 5, whichever is the lower amount, in the excise duty expressed in national currency.
   Article 19
   1.   Every four years, the Commission shall submit to the Council a report and, where appropriate, a proposal concerning the rates and the structure of excise duty laid down in this Directive.
   The report by the Commission shall take into account the proper functioning of the internal market, the real value of the rates of excise duty and the wider objectives of the Treaty.
   2.   The report referred to in paragraph 1 shall be based in particular on the information provided by the Member States.
   3.   The Commission shall, in accordance with the procedure referred to in Article 43 of Council Directive 2008/118/EC (5), determine a list of statistical data needed for the report, excluding data relating to individual natural persons or legal entities. Apart from data readily available to Member States, the list shall only contain data the collection and assembly of which does not involve a disproportionate administrative burden on the part of the Member States.
   4.   The Commission shall not publish or otherwise divulge data where it would lead to the disclosure of a commercial, industrial or professional secret.
   Article 20
   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 21
   Directives 92/79/EEC, 92/80/EEC and 95/59/EC, as amended by the Directives listed in Annex I, Part A, are repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex I, Part B.
   References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex II.
   Article 22
   This Directive shall enter into force on 1 January 2011.
   Article 23
   This Directive is addressed to the Member States.

      Done at Luxembourg, 21 June 2011.

            For the Council

            The President

         FAZEKAS S.

      (1)  OJ L 316, 31.10.1992, p. 8.

      (2)  OJ L 316, 31.10.1992, p. 10.

      (3)  OJ L 291, 6.12.1995, p. 40.

      (4)  See Annex I, Part A.

      (5)  OJ L 9, 14.1.2009, p. 12.

      ANNEX I
      PART A

         Repealed Directives with list of their successive amendments

      (referred to in Article 21)

                  Council Directive 92/79/EEC
                  (OJ L 316, 31.10.1992, p. 8)

                  Council Directive 1999/81/EC
                  (OJ L 211, 11.8.1999, p. 47)

                  only Article 1

                  Council Directive 2002/10/EC
                  (OJ L 46, 16.2.2002, p. 26)

                  only Article 1

                  Council Directive 2003/117/EC
                  (OJ L 333, 20.12.2003, p. 49)

                  only Article 1

                  Council Directive 2010/12/EU
                  (OJ L 50, 27.2.2010, p. 1)

                  only Article 1

                  Council Directive 92/80/EEC
                  (OJ L 316, 31.10.1992, p. 10)

                  Council Directive 1999/81/EC
                  (OJ L 211, 11.8.1999, p. 47)

                  only Article 2

                  Council Directive 2002/10/EC
                  (OJ L 46, 16.2.2002, p. 26)

                  only Article 2

                  Council Directive 2003/117/EC
                  (OJ L 333, 20.12.2003, p. 49)

                  only Article 2

                  Council Directive 2010/12/EU
                  (OJ L 50, 27.2.2010, p. 1)

                  only Article 2

                  Council Directive 95/59/EC
                  (OJ L 291, 6.12.1995, p. 40)

                  Council Directive 1999/81/EC
                  (OJ L 211, 11.8.1999, p. 47)

                  only Article 3

                  Council Directive 2002/10/EC
                  (OJ L 46, 16.2.2002, p. 26)

                  only Article 3

                  Council Directive 2010/12/EU
                  (OJ L 50, 27.2.2010, p. 1)

                  only Article 3

            PART B

         List of time-limits for transposition into national law and application

      (referred to in Article 21)

                  Directive

                  Time-limit for transposition

                  Date of application

                  92/79/EEC

                  31 December 1992

                  —

                  92/80/EEC

                  31 December 1992

                  —

                  95/59/EC

                  —

                  —

                  1999/81/EC

                  1 January 1999

                  1 January 1999

                  2002/10/EC

                  1 July 2002 (1)

                  —

                  2003/117/EC

                  1 January 2004

                  —

                  2010/12/EU

                  31 December 2010

                  1 January 2011

         (1)  By way of derogation from the date set in Article 4(1) of Directive 2002/10/EC:

                  (a)

                  the Federal Republic of Germany shall be authorised to bring into force the provisions necessary to comply with Article 3(1) of Directive 2002/10/EC by 1 January 2008 at the latest;

                  (b)

                  the Kingdom of Spain and the Hellenic Republic shall be authorised to bring into force the provisions necessary to comply with Article 1(1) of Directive 2002/10/EC (with regard to Article 2(1), second sentence, of Directive 92/79/EEC) by 1 January 2008 at the latest.

      ANNEX II

         Correlation table

                  Directive 92/79/EEC

                  Directive 92/80/EEC

                  Directive 95/59/EC

                  This Directive

                  —

                  —

                  Article 1(1) and (2)

                  Article 1

                  —

                  —

                  Article 1(3)

                  —

                  —

                  —

                  Article 2(1), introductory phrase

                  Article 2(1), introductory phrase

                  —

                  —

                  Article 2(1)(a) and (b)

                  Article 2(1)(a) and (b)

                  —

                  —

                  Article 2(1)(c), first indent

                  Article 2(1)(c)(i)

                  —

                  —

                  Article 2(1)(c), second indent

                  Article 2(1)(c)(ii)

                  —

                  —

                  Article 2(1), final words

                  —

                  —

                  —

                  Article 2(2)

                  —

                  —

                  —

                  Article 7(2)

                  Article 2(2)

                  —

                  —

                  Article 2(3)

                  Article 2(3)

                  —

                  —

                  Article 4(1), first subparagraph

                  Article 3(1)

                  —

                  —

                  Article 4(1), second subparagraph

                  —

                  —

                  —

                  Article 4(2)

                  Article 3(2)

                  —

                  —

                  Article 3(1)

                  Article 4(1)

                  —

                  —

                  Article 3(2)

                  Article 4(2)

                  —

                  —

                  Article 7(1)

                  Article 4(3)

                  —

                  —

                  Article 5, introductory phrase

                  Article 5(1), introductory phrase

                  —

                  —

                  Article 5(1)

                  Article 5(1)(a)

                  —

                  —

                  Article 5(2)

                  Article 5(1)(b)

                  —

                  —

                  Article 6, first paragraph

                  Article 5(2), first subparagraph

                  —

                  —

                  Article 6, second paragraph

                  Article 5(2), second subparagraph

                  —

                  —

                  Article 9(1), first subparagraph

                  Article 6

                  —

                  —

                  Article 8(1)

                  Article 7(1), first subparagraph

                  —

                  —

                  Article 16(6)

                  Article 7(1), second subparagraph

                  —

                  —

                  Article 8(2), (3) and (4)

                  Article 7(2), (3) and (4)

                  —

                  —

                  Article 16(1) to (5)

                  Article 8(1) to (5)

                  —

                  —

                  Article 16(7)

                  Article 8(6)

                  Article 1

                  —

                  —

                  Article 9

                  Article 2(1) and (2)

                  —

                  —

                  Article 10(1) and (2)

                  Article 2(3)

                  —

                  —

                  —

                  Article 2(4)

                  —

                  —

                  Article 10(3)

                  Article 2a

                  —

                  —

                  Article 11

                  Article 3(1)

                  —

                  —

                  —

                  Article 3(2)

                  —

                  —

                  Article 12(1)

                  Article 3(3)

                  —

                  —

                  —

                  Article 3(4)

                  —

                  —

                  Article 12(2)

                  —

                  Article 1

                  —

                  Article 13

                  —

                  Article 2

                  —

                  —

                  —

                  Article 3(1), first and second subparagraph

                  —

                  Article 14(1)

                  —

                  Article 3(1), third subparagraph, introductory sentence

                  —

                  Article 14(2), first subparagraph, introductory sentence

                  —

                  Article 3(1), third subparagraph, first, second and third indent

                  —

                  —

                  —

                  Article 3(1), fourth and fifth subparagraph

                  —

                  —

                  —

                  Article 3(1), sixth subparagraph, introductory sentence

                  —

                  —

                  —

                  Article 3(1), sixth subparagraph, points (a), (b) and (c)

                  —

                  Article 14(2), first subparagraph, points (a), (b) and (c)

                  —

                  Article 3(1), seventh subparagraph

                  —

                  —

                  —

                  Article 3(1), eighth subparagraph

                  —

                  —

                  —

                  Article 3(1), ninth subparagraph

                  —

                  Article 14(2), second subparagraph

                  —

                  Article 3(1), tenth subparagraph

                  —

                  Article 14(2), third subparagraph

                  —

                  Article 3(1), eleventh subparagraph

                  —

                  Article 14(2), fourth subparagraph

                  —

                  Article 3(1), twelfth subparagraph

                  —

                  Article 14(2), fifth subparagraph

                  —

                  Article 3(1), thirteenth subparagraph

                  —

                  Article 14(2), sixth subparagraph

                  —

                  Article 3(1), fourteenth subparagraph

                  —

                  —

                  —

                  Article 3(2)

                  —

                  Article 14(3)

                  —

                  Article 3(3)

                  —

                  —

                  —

                  Article 3(4)

                  —

                  Article 14(4)

                  —

                  —

                  Article 9(1), second subparagraph

                  Article 15(1), first subparagraph

                  —

                  —

                  Article 9(1), third subparagraph

                  Article 15(1), second subparagraph

                  —

                  —

                  Article 9(2), first sentence

                  Article 15(2), first subparagraph

                  —

                  —

                  Article 9(2), second sentence

                  Article 15(2), second subparagraph

                  —

                  —

                  Article 10

                  Article 16

                  —

                  —

                  Article 11

                  Article 17

                  —

                  —

                  Article 12

                  —

                  —

                  —

                  Article 13

                  —

                  —

                  —

                  Article 14

                  —

                  —

                  —

                  Article 15

                  —

                  Article 2(5)

                  Article 5(1)

                  —

                  Article 18(1)

                  Article 2(6)

                  Article 5(2)

                  —

                  Article 18(2)

                  Article 4

                  Article 4

                  —

                  Article 19

                  Article 5(1)

                  Article 6(1)

                  —

                  —

                  Article 5(2)

                  Article 6(2)

                  Article 18

                  Article 20

                  —

                  —

                  Article 19(1)

                  Article 21, first paragraph

                  —

                  —

                  Article 19(2)

                  Article 21, second paragraph

                  —

                  —

                  Article 20

                  Article 22

                  Article 6

                  Article 7

                  Article 21

                  Article 23

                  —

                  —

                  Annex I

                  —

                  —

                  —

                  Annex II

                  —

                  —

                  —

                  —

                  Annex I

                  —

                  —

                  —

                  Annex II


Avis juridique important

|

31987L0244

Commission Directive 87/244/EEC of 23 April 1987 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs in respect of Olaquindox

Official Journal L 110 , 25/04/1987 P. 0035 - 0035 Finnish special edition: Chapter 3 Volume 23 P. 0124  Swedish special edition: Chapter 3 Volume 23 P. 0124

*****COMMISSION  DIRECTIVE  of 23 April 1987  amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs in respect of Olaquindox  (87/244/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Directive 87/243/EEC (2), and in particular Article 7 thereof,  Whereas, in accordance with the Order of the President of the Court of Justice of the European Communities of 8 April 1987 in Case 65/87 R, measures should be taken to ensure that Carbadox has the status of an additive listed in Annex II to Directive 70/524/EEC pending the completion of the procedure of including it is Annex I to the said Directive or pending the judgment of the Court of Justice in that case;  Whereas the same considerations apply in the case of Olaquindox;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Annex II to Directive 70/524/EEC under part J 'Growth promoters' the date '3. 12. 1986' in the column 'Period of authorization' against Item No 3 Olaquindox is hereby replaced by the date of '30. 11. 1987'.  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 23 April 1987.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 270, 14. 12. 1970, p. 1.  (2) See page 34 of this Official Journal.


title: Directive 2005/44/EC of the European Parliament and of the Council of 7 September 2005 on harmonised river information services (RIS) on inland waterways in the Community

text:
               30.9.2005

               EN

               Official Journal of the European Union

               L 255/152

      DIRECTIVE 2005/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 7 September 2005
   on harmonised river information services (RIS) on inland waterways in the Community
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               The deployment of information and communication technologies on inland waterways helps to increase significantly the safety and efficiency of transport by inland waterway.

               (2)

               In some Member States national applications of information services are already being deployed on various waterways. In order to ensure a harmonised, interoperable and open navigational aid and information system on the inland waterway network of the Community, common requirements and technical specifications should be introduced.

               (3)

               For safety reasons and in the interests of pan-European harmonisation, the content of such common requirements and technical specifications should build on work carried out in this field by relevant international organisations, such as the International Navigation Association (PIANC), the Central Commission for Navigation on the Rhine (CCNR) and the United Nations Economic Commission for Europe (UNECE).

               (4)

               River information services (RIS) should build on interoperable systems that should be based on open and public standards, available on a non-discriminatory basis to all system suppliers and users.

               (5)

               On national navigable inland waterways not linked to the navigable network of another Member State these requirements and technical specifications need not be mandatory. It is however recommended that RIS, as defined in this Directive, be implemented on those inland waterways and that existing systems be made interoperable with it.

               (6)

               The development of RIS should be based on objectives such as safety, efficiency and the environmental friendliness of inland navigation, which are fulfilled by tasks like traffic and transport management, environment and infrastructure protection and the enforcement of specific rules.

               (7)

               The requirements regarding RIS should concern at least the information services to be provided by the Member States.

               (8)

               The establishment of technical specifications should include systems such as electronic navigational charts, electronic ship reporting, including a uniform European vessel number system, notices to skippers and vessel tracking and tracing. The technical compatibility of the equipment necessary for the use of RIS should be ensured by a Committee.

               (9)

               It should be the responsibility of the Member States, in cooperation with the Community, to encourage users to comply with the procedures and equipment requirements, taking into account the small and medium-sized structure of the companies of the inland navigation sector.

               (10)

               The introduction of RIS will entail the processing of personal data. Such processing should be carried out in accordance with Community rules, as set out, inter alia, in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (4). The introduction of RIS should not lead to uncontrolled processing of economically sensitive data relating to market operators.

               (11)

               For the purposes of RIS for which exact positioning is required, the use of satellite positioning should be recommended. These technologies should, wherever possible, be interoperable with other relevant systems and should be integrated with them, in accordance with applicable decisions in this field.

               (12)

               Since the objective of this Directive, namely to establish harmonised RIS in the Community, cannot be sufficiently achieved by the Member States and can therefore, by reason of its European dimension, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

               (13)

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

               (14)

               In accordance with paragraph 34 of the Interinstitutional Agreement on better law-making (6) Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures, and to make them public,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter
   1.   This Directive establishes a framework for the deployment and use of harmonised river information services (RIS) in the Community in order to support inland waterway transport with a view to enhancing safety, efficiency and environmental friendliness and to facilitating interfaces with other transport modes.
   2.   This Directive provides a framework for the establishment and further development of technical requirements, specifications and conditions to ensure harmonised, interoperable and open RIS on the Community inland waterways. Such establishment and further development of technical requirements, specifications and conditions shall be carried out by the Commission, assisted by the Committee referred to in Article 11. In this context, the Commission shall take due account of measures developed by relevant international organisations, such as PIANC, CCNR and UNECE. Continuity shall be ensured with other modal traffic management services, in particular maritime vessel traffic management and information services.
   Article 2
   Scope
   1.   This Directive applies to the implementation and operation of RIS on all inland waterways of the Member States of class IV and above which are linked by a waterway of class IV or above to a waterway of class IV or above of another Member State, including the ports on such waterways as referred to in Decision No 1346/2001/EC of the European Parliament and of the Council of 22 May 2001 amending Decision No 1692/96/EC as regards seaports, inland ports and intermodal terminals as well as project No 8 in Annex III (7). For the purposes of this Directive, the Classification of European Inland Waterways set out in UNECE Resolution No 30 of 12 November 1992 shall apply.
   2.   Member States may apply this Directive to inland waterways and inland ports not referred to in paragraph 1.
   Article 3
   Definitions
   For the purposes of this Directive, the following definitions shall apply:

               (a)

               ‘river information services (RIS)’ means the harmonised information services to support traffic and transport management in inland navigation, including, wherever technically feasible, interfaces with other transport modes. RIS do not deal with internal commercial activities between one or more of the involved companies, but are open for interfacing with commercial activities. RIS comprise services such as fairway information, traffic information, traffic management, calamity abatement support, information for transport management, statistics and customs services and waterway charges and port dues;

               (b)

               ‘fairway information’ means geographical, hydrological, and administrative information regarding the waterway (fairway). Fairway Information is one-way information: shore to ship or shore to office;

               (c)

               ‘tactical traffic information’ means the information affecting immediate navigation decisions in the actual traffic situation and the close geographic surroundings;

               (d)

               ‘strategic traffic information’ means the information affecting the medium and long-term decisions of RIS users;

               (e)

               ‘RIS application’ means the provision of river information services through dedicated systems;

               (f)

               ‘RIS centre’, means the place where the services are managed by operators;

               (g)

               ‘RIS users’ means all different user groups including boat masters, RIS operators, lock and/or bridge operators, waterway authorities, port and terminal operators, operators in calamity centres of emergency services, fleet managers, cargo shippers and freight brokers;

               (h)

               ‘interoperability’ means that services, data contents, data exchange formats and frequencies are harmonised in such a way that RIS users have access to the same services and information on a European level.

         Article 4
   Setting-up of RIS
   1.   Member States shall take the necessary measures to implement RIS on inland waterways falling within the scope of Article 2.
   2.   Member States shall develop RIS in such a way that the RIS application is efficient, expandable and interoperable so as to interact with other RIS applications and, if possible, with systems for other modes of transport. It shall also provide interfaces to transport management systems and commercial activities.
   3.   In order to set up RIS, Member States shall:

               (a)

               supply to RIS users all relevant data concerning navigation and voyage planning on inland waterways. These data shall be provided at least in an accessible electronic format;

               (b)

               ensure that for all their inland waterways of class Va and above in accordance with the Classification of European Inland Waterways, in addition to the data referred to in point (a), electronic navigational charts suitable for navigational purposes are available to RIS users;

               (c)

               enable, as far as ship reporting is required by national or international regulations, the competent authorities to receive electronic ship reports of the required data from ships. In cross-border transport, this information shall be transmitted to the competent authorities of the neighbouring State and any such transmission shall be completed before arrival of the vessels at the border;

               (d)

               ensure that notices to skippers, including water level (or maximum allowable draught) and ice reports of their inland waterways, are provided as standardised, encoded and downloadable messages. The standardised message shall contain at least the information necessary for safe navigation. The notices to skippers shall be provided at least in an accessible electronic format.

         The obligations referred to in this paragraph shall be fulfilled in compliance with the specifications defined in Annexes I and II.
   4.   The competent authorities of the Member States shall establish RIS centres according to regional needs.
   5.   For the use of the automatic identification systems (AIS), the regional arrangement concerning the radiotelephone service on inland waterways concluded in Basel on 6 April 2000 in the framework of the radio regulations of the International Telecommunication Union (ITU) shall apply.
   6.   Member States, if appropriate in cooperation with the Community, shall encourage boat masters, operators, agents or owners of vessels navigating on their inland waterways and shippers or owners of goods carried on board such vessels to fully profit from the services which are made available under this Directive.
   7.   The Commission shall take appropriate measures to verify the interoperability, reliability and safety of RIS.
   Article 5
   Technical guidelines and specifications
   1.   In order to support RIS and to ensure the interoperability of these services as required by Article 4(2), the Commission shall define in accordance with paragraph 2 technical guidelines for the planning, implementation and operational use of the services (RIS guidelines) as well as technical specifications in particular in the following areas:

               (a)

               electronic chart display and information system for inland navigation (inland ECDIS);

               (b)

               electronic ship reporting;

               (c)

               notices to skippers;

               (d)

               vessel tracking and tracing systems;

               (e)

               compatibility of the equipment necessary for the use of RIS.

         These guidelines and specifications shall be based on the technical principles set out in Annex II and shall take account of work carried out in this field by relevant international organisations.
   2.   The technical guidelines and specifications referred to in paragraph 1 shall be established and, when appropriate, amended by the Commission in accordance with the procedure laid down in Article 11(3). The establishment shall be carried out in accordance with the following time-table:

               (a)

               the RIS guidelines by 20 June 2006,

               (b)

               the technical specifications regarding the inland ECDIS, the electronic ship reporting and the notices to skippers by 20 October 2006,

               (c)

               the technical specifications regarding the vessel tracking and tracing systems by 20 December 2006.

         3.   The RIS guidelines and specifications shall be published in the Official Journal of the European Union.
   Article 6
   Satellite positioning
   For the purpose of RIS, for which exact positioning is required, the use of satellite positioning technologies is recommended.
   Article 7
   Type-approval of RIS equipment
   1.   Where necessary for the safety of navigation and required by the relevant technical specifications, RIS terminal and network equipment and software applications shall be type-approved for compliance with those specifications before being put into service on inland waterways.
   2.   Member States shall notify to the Commission the national bodies responsible for type-approval. The Commission shall communicate such information to the other Member States.
   3.   All Member States shall recognise type-approvals issued by the national bodies of the other Member States referred to in paragraph 2.
   Article 8
   Competent authorities
   Member States shall designate competent authorities for the RIS application and for the international exchange of data. These authorities shall be notified to the Commission.
   Article 9
   Rules on privacy, security and the re-use of information
   1.   Member States shall ensure that processing of personal data necessary for the operation of RIS is carried out in accordance with the Community rules protecting the freedoms and fundamental rights of individuals, including Directives 95/46/EC and 2002/58/EC.
   2.   Member States shall implement and maintain security measures to protect RIS messages and records against untoward events or misuse, including improper access, alteration or loss.
   3.   Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (8) shall apply.
   Article 10
   Amendment procedure
   Annexes I and II may be amended in the light of the experience gained from the application of this Directive and adapted to technical progress in accordance with the procedure laid down in Article 11(3).
   Article 11
   Committee procedure
   1.   The Commission shall be assisted by the Committee instituted by Article 7 of Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway (9).
   2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   3.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   4.   The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
   5.   The Commission shall regularly consult representatives of the sector.
   Article 12
   Transposition
   1.   Member States which have inland waterways falling within the scope of Article 2 shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 20 October 2007. They shall forthwith inform the Commission thereof.
   When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall take the necessary measures to comply with the requirements set out in Article 4 not later than 30 months after the entry into force of the relevant technical guidelines and specifications referred to in Article 5. The technical guidelines and specifications shall enter into force on the day following that of their publication in the Official Journal of the European Union.
   3.   Following a request by a Member State, the Commission may extend in accordance with the procedure laid down in Article 11(2), the period provided for in paragraph 2 for the implementation of one or more requirements of Article 4 in respect of inland waterways falling within the scope of Article 2 but with low traffic density, or in respect of inland waterways for which the cost of such implementation would be disproportionate to its benefits. This period may be extended by simple decision of the Commission; the extension may be renewed. The justification to be provided with the request by the Member State shall refer to the traffic density and economic conditions on the waterway in question. Until the Commission reaches its decision, the Member State that has requested an extension may continue its operations as if the extension had been granted.
   4.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.
   5.   Where necessary, Member States shall assist one another in the implementation of this Directive.
   6.   The Commission shall monitor the setting up of RIS in the Community and shall report to the European Parliament and to the Council by 20 October 2008.
   Article 13
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 14
   Addressees
   This Directive is addressed to the Member States which have inland waterways falling within the scope of Article 2.

      Done at Strasbourg, 7 September 2005.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         C. CLARKE

      (1)  OJ C 157, 28.6.2005, p. 56.

      (2)  Opinion of the European Parliament of 23 February 2005 (not yet published in the Official Journal). Decision of the Council of 27 June 2005.

      (3)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

      (4)  OJ L 201, 31.7.2002, p. 37.

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

      (6)  OJ C 321, 31.12.2003, p. 1.

      (7)  OJ L 185, 6.7.2001, p. 1.

      (8)  OJ L 345, 31.12.2003, p. 90.

      (9)  OJ L 373, 31.12.1991, p. 29. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council.

      ANNEX I
      MINIMUM DATA REQUIREMENTS
      As referred to in Article 4(3)(a), in particular the following data shall be supplied:

                  —

                  waterway axis with kilometre indication,

                  —

                  restrictions for vessels or convoys in terms of length, width, draught and air draught,

                  —

                  operation times of restricting structures, in particular locks and bridges,

                  —

                  location of ports and transhipment sites,

                  —

                  reference data for water level gauges relevant to navigation.

      ANNEX II
      PRINCIPLES FOR RIS GUIDELINES AND TECHNICAL SPECIFICATIONS
      1.   RIS Guidelines
      The RIS guidelines referred to in Article 5 shall respect the following principles:

                  (a)

                  the indication of technical requirements for the planning, implementing and operational use of services and related systems;

                  (b)

                  the RIS architecture and organisation; and

                  (c)

                  recommendations for vessels to participate in RIS, for individual services and for the stepwise development of RIS.

            2.   Inland ECDIS
      The technical specifications to be established in accordance with Article 5 for an electronic chart display and information system (inland ECDIS) shall respect the following principles:

                  (a)

                  compatibility with the maritime ECDIS in order to facilitate traffic of inland vessels in mixed traffic zones of the estuaries and sea-river traffic;

                  (b)

                  the definition of minimum requirements for inland ECDIS equipment as well as the minimum content of electronic navigational charts with a view to the safety of navigation, in particular:

                              —

                              a high level of reliability and availability of the inland ECDIS equipment used,

                              —

                              the robustness of the inland ECDIS equipment in order to withstand the environmental conditions typically prevailing on board a vessel without any degradation in quality or reliability,

                              —

                              the inclusion in the electronic navigational chart of all kinds of geographical objects (e.g. boundaries of the fairway, shoreline constructions, beacons) that are needed for safe navigation,

                              —

                              the monitoring of the electronic chart with overlaid radar image when used for conning the vessel;

                  (c)

                  the integration of depth information on the fairway in the electronic navigational chart and display to a predefined or the actual water level;

                  (d)

                  the integration of additional information (e.g. of other parties than the competent authorities) in the electronic navigational chart and display in the inland ECDIS without affecting the information that is needed for safe navigation;

                  (e)

                  the availability of electronic navigational charts to RIS users;

                  (f)

                  the availability of the data for electronic navigational charts to all manufacturers of applications, when appropriate against a reasonable cost-related charge.

            3.   Electronic ship reporting
      The technical specifications for electronic ship reporting in inland navigation in accordance with Article 5 shall respect the following principles:

                  (a)

                  the facilitation of the electronic data exchange between the competent authorities of the Member States, between participants in inland as well as maritime navigation and in multi-modal transport where inland navigation is involved;

                  (b)

                  the use of a standardised transport notification message for ship-to-authority, authority-to-ship and authority-to-authority messaging in order to obtain compatibility with maritime navigation;

                  (c)

                  the use of internationally accepted code lists and classifications, possibly complemented for additional inland navigation needs;

                  (d)

                  the use of a unique European vessel identification number.

            4.   Notices to skippers
      The technical specifications for notices to skippers in accordance with Article 5, in particular regarding fairway information, traffic information and management as well as voyage planning, shall respect the following principles:

                  (a)

                  a standardised data structure using predefined text modules and encoded to a high extent in order to enable automatic translation of the most important content into other languages and to facilitate the integration of notices to skippers into voyage planning systems;

                  (b)

                  the compatibility of the standardised data structure with the data structure of inland ECDIS to facilitate integration of notices to skippers in inland ECDIS.

            5.   Vessel tracking and tracing systems
      The technical specifications for vessel tracking and tracing systems in accordance with Article 5 shall respect the following principles:

                  (a)

                  the definition of the requirements concerning systems and of standard messages as well as procedures so that they can be provided in an automated way;

                  (b)

                  the differentiation between systems suited to requirements of tactical traffic information and systems suited to requirements of strategic traffic information, both with regard to positioning accuracy and required update rate;

                  (c)

                  the description of the relevant technical systems for vessel tracking and tracing such as Inland AIS (inland automatic identification system);

                  (d)

                  compatibility of data formats with the maritime AIS system.


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31975L0276

Council Directive 75/276/EEC of 28 April 1975 concerning the Community list of less-favoured farming areas within the meaning of Directive No 75/268/EEC (United Kingdom)

Official Journal L 128 , 19/05/1975 P. 0231 - 0266

++++( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .  ( 2 ) OJ NO C 62 , 15 . 3 . 1975 , P . 19 .  COUNCIL DIRECTIVE OF 28 APRIL 1975 CONCERNING THE COMMUNITY LIST OF LESS-FAVOURED FARMING AREAS WITHIN THE MEANING OF DIRECTIVE NO 75/268/EEC  ( UNITED KINGDOM )  ( 75/276/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO COUNCIL DIRECTIVE NO 75/268/EEC ( 1 ) OF 28 APRIL 1975 ON MOUNTAIN AND HILL FARMING AND FARMING IN CERTAIN LESS-FAVOURED AREAS , AND IN PARTICULAR ARTICLE 2 ( 2 ) THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ;  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ;  WHEREAS THE UNITED KINGDOM GOVERNMENT HAS COMMUNICATED TO THE COMMISSION , IN ACCORDANCE WITH ARTICLE 2 ( 1 ) OF DIRECTIVE NO 75/268/EEC , SIX AREAS SUITABLE FOR INCLUSION IN THE COMMUNITY LIST OF LESS-FAVOURED FARMING AREAS , AND INFORMATION CONCERNING THE CHARACTERISTICS OF THESE AREAS ;  WHEREAS THE FOLLOWING INDICES , RELATING TO THE PRESENCE OF LAND OF LIMITED POTENTIAL REFERRED TO IN ARTICLE 3 ( 4 ) ( A ) OF DIRECTIVE NO 75/268/EEC , HAVE BEEN UTILIZED TO DEFINE EACH OF THE AREAS : ROUGH GRAZING GREATER THAN 49 % OF COMBINED PERMANENT AND ROUGH GRAZING , LIVESTOCK DENSITY BELOW 0.78 LIVESTOCK UNITS PER FORAGE HECTARE AND FARM RENTS NOT EXCEEDING 48 % OF THE NATIONAL AVERAGE ( 2.53 POUNDS AND 5.32 POUNDS PER ACRE RESPECTIVELY ) ;  WHEREAS THE ECONOMIC RESULTS OF FARMING BEING CONSIDERABLY LOWER THAN THE MEAN AS REFERRED TO IN ARTICLE 3 ( 4 ) ( B ) OF DIRECTIVE NO 75/268/EEC WERE DEFINED USING INDICES REFLECTING AN EARNED INCOME PER MAN WORK UNIT ( ESTIMATED FOR THE YEARS 1970/71 , 1971/72 AND 1972/73 AFTER EXCLUSION OF DIRECT SUBSIDIES , I.E . HILL PRODUCTION GRANTS ) NOT EXCEEDING 75 % OF THE NATIONAL AVERAGE ( 1 072 POUNDS AND 1 436 POUNDS RESPECTIVELY ) ;  WHEREAS THE INDEX RELATING TO THE LOW POPULATION DENSITY REFERRED TO IN ARTICLE 3 ( 4 ) ( C ) OF DIRECTIVE NO 75/268/EEC DOES NOT EXCEED 36 INHABITANTS PER SQUARE KILOMETRE ( THE NATIONAL AND COMMUNITY AVERAGES BEING 228 AND 168 INHABITANTS PER SQUARE KILOMETRE RESPECTIVELY ; WHEREAS THE MINIMUM PROPORTION OF THE WORKING POPULATION ENGAGED IN AGRICULTURE AS A PERCENTAGE OF THE TOTAL WORKING POPULATION IS 19 % ( THE NATIONAL AND COMMUNITY AVERAGES BEING 3.08 AND 9.58 % RESPECTIVELY ) ;  WHEREAS THE NATURE AND LEVEL OF THE ABOVEMENTIONED INDICES , UTILIZED BY THE GOVERNMENT OF THE UNITED KINGDOM TO DEFINE THE AREAS NOTIFIED TO THE COMMISSION , CORRESPONDS TO THE CHARACTERISTICS OF LESS-FAVOURED FARMING AREAS REFERRED TO IN ARTICLE 3 ( 4 ) OF DIRECTIVE NO 75/268/EEC ;  WHEREAS ACCORDING TO THE INFORMATION SUPPLIED BY THE MEMBER STATE CONCERNED , THESE AREAS HAVE ADEQUATE AMENITIES ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE AREAS OF THE UNITED KINGDOM WHICH APPEAR IN THE ANNEX SHALL FORM PART OF THE COMMUNITY LIST OF LESS-FAVOURED FARMING AREAS WITHIN THE MEANING OF ARTICLE 3 ( 4 ) OF COUNCIL DIRECTIVE NO 75/268/EEC .  ARTICLE 2  THIS DIRECTIVE IS ADDRESSED TO THE UNITED KINGDOM .  DONE AT BRUSSELS , 28 APRIL 1975 .  FOR THE COUNCIL  THE PRESIDENT  M . A . CLINTON  ANNEX : SEE O.J . NO L 128 OF 19 . 5 . 75


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31997L0010

Commission Directive 97/10/EC of 26 February 1997 adapting to technical progress for the 3rd time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (CMRs) (Text with EEA relevance)

Official Journal L 068 , 08/03/1997 P. 0024 - 0026

COMMISSION DIRECTIVE 97/10/EC of 26 February 1997 adapting to technical progress for the 3rd time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (CMRs) (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (1), as last amended by Commission Directive 96/55/EC (2), and in particular Article 2a thereof, introduced by Council Directive 89/678/EEC (3),Whereas the Council and the Representatives of the Governments of the Member States, meeting within the Council, adopted Decision 90/238/Euratom, ECSC, EEC (4) concerning a 1990 to 1994 action plan in the context of the 'Europe against Cancer` programme;Whereas Directive 94/60/EC (5) of the European Parliament and Council, amending for the 14th time Directive 76/769/EEC prohibited with certain exemptions the placing on the market for use by the general public of substances classified as carcinogenic, mutagenic and toxic to reproduction in categories 1 or 2 (CMRs) by adding such substances to Annex I of Directive 76/769/EEC;Whereas Annex I to Directive 76/769/EEC already contained substances classified CMR to which Directive 94/60/EC did not apply;Whereas placing on the market for use by the general public of these CMRs and preparations containing these CMRs should also be prohibited with certain exceptions;Whereas the restrictions laid down by this Directive take into account the current state of knowledge and techniques regarding safer alternatives;Whereas this Directive does not affect Community legislation laying down minimum requirements for the protection of workers contained in Council Directive 89/391/EEC (6) and in individual Directives based thereon, in particular Council Directive 90/394/EEC (7);Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the adaptation to technical progress of the Directives on the removal of technical barriers to trade in dangerous substances and preparations,HAS ADOPTED THIS DIRECTIVE:Article 1 Annex I to Directive 76/769/EEC is hereby adapted to technical progress as set out in the Annex hereto.Article 2 Member States shall adopt and publish the provisions necessary to comply with this Directive by 31 December 1997 and shall forthwith inform the Commission thereof. They shall apply these provisions as from 30 June 1998.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, 26 February 1997.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ No L 262, 27. 9. 1976, p. 201.(2) OJ No L 231, 12. 9. 1996, p. 20.(3) OJ No L 398, 30. 12. 1989, p. 24.(4) OJ No L 137, 30. 5. 1990, p. 31.(5) OJ No L 365, 31. 12. 1994, p. 1.(6) OJ No L 183, 29. 6. 1989, p. 1.(7) OJ No L 196, 26. 7. 1990, p. 1.ANNEX Points 29, 30 and 31 of Annex I are replaced by the following:>TABLE>


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32000L0064

Directive 2000/64/EC of the European Parliament and of the Council of 7 November 2000 amending Council Directives 85/611/EEC, 92/49/EEC, 92/96/EEC and 93/22/EEC as regards exchange of information with third countries

Official Journal L 290 , 17/11/2000 P. 0027 - 0028

Directive 2000/64/EC of the European Parliament and of the Councilof 7 November 2000amending Council Directives 85/611/EEC, 92/49/EEC, 92/96/EEC and 93/22/EEC as regards exchange of information with third countriesTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the first and third sentences of Article 47(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the Opinion of the Economic and Social Committee(2),Acting in accordance with the procedure referred to in Article 251 of the Treaty(3),Whereas:(1) Council Directives 85/611/EEC(4), 92/49/EEC(5), 92/96/EEC(6) and 93/22/EEC(7) allow the exchange of information between competent authorities and with certain other authorities or bodies within a Member State or between Member States. The said Directives also allow the conclusion by Member States of cooperation agreements providing for the exchange of information with the competent authorities of third countries.(2) On grounds of consistency with Directive 98/33/EC(8), this authorisation to conclude agreements on the exchange of information with third countries should be extended so as to include the exchange of information with certain other authorities or bodies in those countries provided that the information disclosed is subject to appropriate guarantees of professional secrecy.(3) Directive 85/611/EEC, Directive 92/49/EEC, Directive 92/96/EEC and Directive 93/22/EEC should be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 1Article 50(4) of Directive 85/611/EEC shall be replaced by the following:"4. Member States may conclude cooperation agreements providing for exchange of information with the competent authorities of third countries or with authorities or bodies of third countries as defined in paragraphs 6 and 7 only if the information disclosed is subject to guarantees of professional secrecy at least equivalent to those referred to in this Article. Such exchange of information must be intended for the performance of the supervisory task of the authorities or bodies mentioned.Where the information originates in another Member State, it may not be disclosed without the express agreement of the competent authorities which have disclosed it and, where appropriate, solely for the purposes for which those authorities gave their agreement."Article 2Article 16(3) of Directive 92/49/EEC, Article 15(3) of Directive 92/96/EEC and Article 25(3) of Directive 93/22/EEC, shall be replaced by the following:"3. Member States may conclude cooperation agreements providing for exchange of information with the competent authorities of third countries or with authorities or bodies of third countries as defined in paragraphs 5 and 5a only if the information disclosed is subject to guarantees of professional secrecy at least equivalent to those referred to in this Article. Such exchange of information must be intended for the performance of the supervisory task of the authorities or bodies mentioned.Where the information originates in another Member State, it may not be disclosed without the express agreement of the competent authorities which have disclosed it and, where appropriate, solely for the purposes for which those authorities gave their agreement."Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive not later than 17 November 2002. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law, which they adopt in the field governed by this Directive.Article 4This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 7 November 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentL. Fabius(1) OJ C 116 E, 26.4.2000, p. 61.(2) OJ C 168, 16.6.2000, p. 1.(3) Opinion of the European Parliament of 14 June 2000 (not yet published in the Official Journal) and Council Decision of 29 June 2000.(4) OJ L 375, 31.12.1985, p. 3. Directive as last amended by European Parliament and Council Directive 95/26/EC (OJ L 168, 18.7.1995, p. 7).(5) OJ L 228, 11.8.1992, p. 1. Directive as last amended by Directive 95/26/EC.(6) OJ L 360, 9.12.1992, p. 1. Directive as last amended by Directive 95/26/EC.(7) OJ L 141, 11.6.1993, p. 27. Directive as last amended by European Parliament and Council Directive 97/9/EC (OJ L 84, 26.3.1997, p. 22).(8) OJ L 204, 21.7.1998, p. 29.


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32001L0026

Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001 amending Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road (Text with EEA relevance)

Official Journal L 168 , 23/06/2001 P. 0023 - 0024

Directive 2001/26/EC of the European Parliament and of the Councilof 7 May 2001amending Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road(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 71 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure referred to in Article 251 of the Treaty(3),Whereas:(1) Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road(4) laid down uniform rules for the transportation of dangerous goods in the Community.(2) The Annexes to Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road(5) are related to the Annexes to Directive 94/55/EC. Adaptation to scientific and technical progress of the Annexes to Directive 94/55/EC may have an effect on the Annexes to Directive 95/50/EC.(3) Adaptation to scientific and technical progress of the Annexes to Directive 94/55/EC is to be made using a Committee procedure.(4) It must be possible to adapt the Annexes to Directive 95/50/EC rapidly to scientific and technical progress. For that purpose, a Committee should also be set up for Directive 95/50/EC.(5) The measures necessary for the implementation of Directive 95/50/EC should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6).(6) Annex I to Directive 95/50/EC should be amended in order to take into account Commission Directive 1999/47/EC of 21 May 1999 adapting for the second time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road(7).(7) Directive 95/50/EC should therefore be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 95/50/EC is hereby amended as follows:1. the following Articles shall be inserted: "Article 9aThe amendments necessary to adapt the Annexes to scientific and technical progress in the fields covered by this Directive, in particular to take account of amendments to Directive 94/55/EC, shall be adopted in accordance with the procedure laid down in Article 9b.Article 9b1. The Commission shall be assisted by the committee on the transport of dangerous goods set up by Article 9 of Directive 94/55/EC, hereinafter referred to as the Committee.2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC(8) shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure."2. Annex I shall be amended as follows:(a) in item 13, "Gross mass of dangerous goods by transport unit" shall be replaced by "Total quantity of dangerous goods per transport unit";(b) in item 15, "battery of receptacles" shall be replaced by "battery vehicle";(c) in item 32, "Tool set for temporary repairs" shall be replaced by "One handlamp for each member of the vehicle crew";(d) in item 34, "Two orange-coloured lights" shall be replaced by "Two self-standing warning signs";(e) in item 36, "Driver's personal protective equipment" shall be replaced by "A suitable warning vest or warning clothing for each member of the vehicle crew."Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 23 December 2001. They shall forthwith inform the Commission thereof.When Member States adopt these measures, 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 a reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 7 May 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentB. Ringholm(1) OJ C 177 E, 27.6.2000, p. 96.(2) OJ C 268, 19.9.2000, p. 4.(3) Opinion of the European Parliament of 12 April 2000 (OJ C 40, 7.2.2001, p. 119) and Council Decision of 4 April 2001.(4) OJ L 319, 12.12.1994, p. 7. Directive as last amended by Commission Directive 2001/7/EC (OJ L 30, 1.2.2001, p. 43).(5) OJ L 249, 17.10.1995, p. 35.(6) OJ L 184, 17.7.1999, p. 23.(7) OJ L 169, 5.7.1999, p. 1.(8) OJ L 184, 17.7.1999, p. 23.