title: Commission Directive 2011/25/EU of 3 March 2011 amending Council Directive 91/414/EEC to include bupirimate as active substance and amending Commission Decision 2008/934/EC  Text with EEA relevance

text:
               4.3.2011

               EN

               Official Journal of the European Union

               L 59/32

         COMMISSION DIRECTIVE 2011/25/EU
   of 3 March 2011
   amending Council Directive 91/414/EEC to include bupirimate as active substance and amending Commission Decision 2008/934/EC
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list included bupirimate.

               (2)

               In accordance with Article 11e of Regulation (EC) No 1490/2002 the notifier withdrew its support of the inclusion of that active substance in Annex I to Directive 91/414/EEC within two months from receipt of the draft assessment report. Consequently, Commission Decision 2008/934/EC of 5 December 2008 concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (4) was adopted on the non-inclusion of bupirimate.

               (3)

               Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter ‘the applicant’) submitted a new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (5).

               (4)

               The application was submitted to the Netherlands, which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/934/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.

               (5)

               The Netherlands evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 26 November 2009. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on bupirimate to the Commission on 20 September 2010 (6). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 28 January 2011 in the format of the Commission review report for bupirimate.

               (6)

               It has appeared from the various examinations made that plant protection products containing bupirimate may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which have been examined and detailed in the Commission review report. It is therefore appropriate to include bupirimate in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance can be granted in accordance with the provisions of that Directive.

               (7)

               Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, it is appropriate to require that the applicant submit further information to confirm the soil degradation, the kinetic parameters, the adsorption and the desorption parameter for the major soil metabolite de-ethyl-bupirimate (DE-B).

               (8)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.

               (9)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing authorisations of plant protection products containing bupirimate to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

               (10)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (7) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.

               (11)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (12)

               Decision 2008/934/EC provides for the non-inclusion of bupirimate and the withdrawal of authorisations for plant protection products containing that substance by 31 December 2011. It is necessary to delete the line concerning bupirimate in the Annex to that Decision.

               (13)

               It is therefore appropriate to amend Decision 2008/934/EC accordingly.

               (14)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   The line concerning bupirimate in the Annex to Decision 2008/934/EC is deleted.
   Article 3
   Member States shall adopt and publish by 30 November 2011 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 December 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 4
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing bupirimate as an active substance by 30 November 2011.
   By that date they shall in particular verify that the conditions in Annex I to that Directive relating to bupirimate are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing bupirimate as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 May 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning bupirimate. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing bupirimate as the only active substance, where necessary, amend or withdraw the authorisation by 31 May 2015 at the latest; or

               (b)

               in the case of a product containing bupirimate as one of several active substances, where necessary, amend or withdraw the authorisation by 31 May 2015 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 5
   This Directive shall enter into force on 1 June 2011.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 3 March 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 55, 29.2.2000, p. 25.

      (3)  OJ L 224, 21.8.2002, p. 23.

      (4)  OJ L 333, 11.12.2008, p. 11.

      (5)  OJ L 15, 18.1.2008, p. 5.

      (6)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance bupirimate. EFSA Journal 2010; 8(10):1786. [82pp.]. doi:10.2903/j.efsa.2010.1786. Available online: www.efsa.europa.eu

      (7)  OJ L 366, 15.12.1992, p. 10.

      ANNEX
      The following entry shall be added at the end of the table in Annex I to Directive 91/414/EEC:

                     No

                     Common name, identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘337

                     Bupirimate
                     CAS No: 41483-43-6

                     CIPAC No: 261

                     5-butyl-2-ethylamino-6-methylpyrimidine-4-yl dimethylsulfamate

                     ≥ 945 g/kg
                     Impurities:
                     Ethirimol: max. 2 g/kg
                     Toluene: max. 3 g/kg

                     1 June 2011

                     31 May 2021

                     PART A
                     Only uses as fungicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on bupirimate, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 28 January 2011 shall be taken into account.
                     In this overall assessment Member States shall pay particular attention to:

                                 —

                                 the protection of aquatic organisms. Conditions of authorisation shall include risk mitigation measures, where appropriate,

                                 —

                                 the protection of the groundwater, when the active substance is applied in regions with vulnerable soil and/or climatic conditions. Conditions of authorisation shall include risk mitigations, where appropriate,

                                 —

                                 the in-field risk to non-target arthropods.

                           The Member States concerned shall request the submission of confirmatory information as regards:

                                 (1)

                                 the specification of the technical material, as commercially manufactured, by appropriate analytical data; including information on the relevance of the impurities;

                                 (2)

                                 the equivalence between the specifications of the technical material; as commercially manufactured, and those of the test material used in the toxicity dossiers;

                                 (3)

                                 the kinetic parameters, the soil degradation and the adsorption and desorption parameter for the major soil metabolite DE-B (de-ethyl-bupirimate).

                           The Member States concerned shall ensure that the applicant submits such confirmatory data and information to the Commission set out in points (1) and (2) by 30 November 2011 and the information set out in point (3) by 31 May 2013.’

         (1)  Further details on identity and specification of active substance are provided in the review report.


Avis juridique important

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32002L0090

Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence

Official Journal L 328 , 05/12/2002 P. 0017 - 0018

Council Directive 2002/90/ECof 28 November 2002defining the facilitation of unauthorised entry, transit and residenceTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 61(a) and Article 63(3)(b) thereof,Having regard to the initiative of the French Republic(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) One of the objectives of the European Union is the gradual creation of an area of freedom, security and justice, which means, inter alia, that illegal immigration must be combated.(2) Consequently, measures should be taken to combat the aiding of illegal immigration both in connection with unauthorised crossing of the border in the strict sense and for the purpose of sustaining networks which exploit human beings.(3) To that end it is essential to approximate existing legal provisions, in particular, on the one hand, the precise definition of the infringement in question and the cases of exemption, which is the subject of this Directive and, on the other hand, minimum rules for penalties, liability of legal persons and jurisdiction, which is the subject of Council framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence(3).(4) The purpose of this Directive is to provide a definition of the facilitation of illegal immigration and consequently to render more effective the implementation of framework Decision 2002/946/JHA in order to prevent that offence.(5) This Directive supplements other instruments adopted in order to combat illegal immigration, illegal employment, trafficking in human beings and the sexual exploitation of children.(6) As regards Iceland and Norway, this Directive constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis(4), which fall within the area referred to in Article 1(E) of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement(5).(7) The United Kingdom and Ireland are taking part in the adoption and application of this Directive in accordance with the relevant provisions of the Treaties.(8) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application. Given that this Directive builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Directive whether it will implement it in its national law,HAS ADOPTED THIS DIRECTIVE:Article 1General infringement1. Each Member State shall adopt appropriate sanctions on:(a) any person who intentionally assists a person who is not a national of a Member State to enter, or transit across, the territory of a Member State in breach of the laws of the State concerned on the entry or transit of aliens;(b) any person who, for financial gain, intentionally assists a person who is not a national of a Member State to reside within the territory of a Member State in breach of the laws of the State concerned on the residence of aliens.2. Any Member State may decide not to impose sanctions with regard to the behaviour defined in paragraph 1(a) by applying its national law and practice for cases where the aim of the behaviour is to provide humanitarian assistance to the person concerned.Article 2Instigation, participation and attemptEach Member State shall take the measures necessary to ensure that the sanctions referred to in Article 1 are also applicable to any person who:(a) is the instigator of,(b) is an accomplice in, or(c) attempts to commitan infringement as referred to in Article 1(1)(a) or (b).Article 3SanctionsEach Member State shall take the measures necessary to ensure that the infringements referred to in Articles 1 and 2 are subject to effective, proportionate and dissuasive sanctions.Article 4Implementation1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 5 December 2004. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the text of the main provisions of their national law which they adopt in the field covered by this Directive, together with a table showing how the provisions of this Directive correspond to the national provisions adopted. The Commission shall inform the other Member States thereof.Article 5RepealArticle 27(1) of the 1990 Schengen Convention shall be repealed as from 5 December 2004. Where a Member State implements this Directive pursuant to Article 4(1) in advance of that date, the said provision shall cease to apply to that Member State from the date of implementation.Article 6Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 7AddresseesThis Directive is addressed to the Member States in accordance with the Treaty establishing the European Community.Done at Brussels, 28 November 2002.For the CouncilThe PresidentB. Haarder(1) OJ C 253, 4.9.2000, p. 1.(2) OJ C 276, 1.10.2001, p. 244.(3) See page 1 of this Official Journal.(4) OJ L 176, 10.7.1999, p. 36.(5) OJ L 176, 10.7.1999, p. 31.


title: Council Directive 64/220/EEC of 25 February 1964 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services

text:
                                  Official Journal of the European Communities                                       115
4.4.64                       OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                         845/64
                                               COUNCIL DIRECTIVE
                                                  of 25 February 1964
              on the abolition of restrictions on movement and residence within the Community for
              nationals of Member States with regard to establishment and the provision of services
                                                      (64/220/EEC)
THE COUNCIL OF THE            EUROPEAN       ECONOMIC          public health; whereas, in pursuance of Article 56 (2)
COMMUNITY,                                                     of the Treaty, co-ordination of such measures is to be
                                                               dealt with in a separate Directive;
Having regard to the Treaty establishing the Euro
pean Economic Community, and in particular                     HAS ADOPTED THIS DIRECTIVE :
Articles 54 and 63 thereof;
Having regard to the General Programmes1 for the                                          Article 1
abolition of restrictions on freedom of establishment
and on freedom to provide services, and in particular          1 . Member States shall, acting as provided in this
Title II of each programme;                                    Directive, abolish restrictions on the movement and
                                                               residence of :
Having regard to the proposal from the commission ;
                                                               (a) nationals of a Member State who are established
Having regard to the Opinion of the European Par                    or who wish to establish themselves in another
liament2;                                                            Member State in order to pursue activities as self
                                                                     employed persons, or who wish to provide ser
Having regard to the Opinion of the Economic and                     vices in that State;
Social Committee3;
                                                                (b ) nationals of Member States wishing to go to
Whereas freedom of movement of persons as provided                   another Member State as recipients of services;
for in the Treaty and in Title II of each of the General        (c) the spouse and the children under twenty-one
Programmes for the Abolition of restrictions on                      years of age of such nationals, irrespective of
freedom of establishment and on freedom to provide                   their nationality;
services entails the abolition of restrictions on move
ment and residence within the Community for                    (d) the relatives in the ascending and descending
nationals of Member States wishing to establish                      lines of such nationals and of their spouse who
themselves or to provide services within the territory               are dependent on them, irrespective of ' the
of another Member State;                                             nationality of such relatives.
Whereas freedom of establishment can be fully at              2.      Member States shall give sympathetic consider
tained only if a right of permanent residence is               ation to the case of any other member of the family
granted to the persons who are to enjoy freedom of             of any person referred to in paragraph 1 ( a) or (b)
establishment; whereas freedom to provide services             who is dependent on that person and living under the
entails that persons providing and receiving services          same roof.
should have the right of residence for the time during
which the services are being provided;                                                    Article 2
Whereas this Directive does not affect measures justi         1 . Member States shall grant to the persons re
fied on grounds of public policy, public security or           ferred to in Article 1 the right to enter their territory
                                                               merely on production of a valid identity card or pass
                                                               port.
1 OJ No 2, 15.1.1962, pp. 32/62 and 36/62.
2 OJ No 33, 4.3.1963, p. 479/63.                               2. No entry visa or equivalent document shall be
3 OJ No 56, 4.4.1964, p. 849/64.                               required, save in respect of persons covered by sub
 ---pagebreak---   116                               Official Journal of the European Communities
 paragraphs (c) and (d) of Article 1 ( 1 ) who do not
 have the nationality of a Member State. Member                 ( a) the identity card or passport with which he or she
 States shall endeavour to afford to such persons every              entered the territory;
 facility for obtaining any necessary visas .                  (b) proof that he or she comes within one of the
                                                                     classes of person referred to in Article 3 .
                         Article 3
                                                                                Article 6
 1.     Each Member State shall grant the right of per
 manent residence to nationals of other Member                1 . Member States shall, acting in accordance with
 States who establish themselves within its territory in      their laws, issue to their nationals referred to in
 order to pursue activities as self-employed persons,         Article 1 , and renew, an identity card or passport,
 when the restrictions on these activities have been          which shall state in particular its holder's nationality
 abolished pursuant to the Treaty.                             and shall entitle him or her to leave and re-enter the
                                                              country freely.
 As proof of this right a document (hereinafter called a
 'residence permit') shall be issued. This document
 shall be valid for not less than five years and shall be     2. The passport must be valid at least for all Mem
 automatically renewable.                                     ber States and for countries through which the holder
                                                              must pass when travelling between Member States.
 Any national of a Member State who does not come             Where a passport is the only document with which
 within the provisions of the preceding subparagraphs         the holder may lawfully leave the country, its period
 but who is authorised under the laws of another              of validity shall be not less than five years.
 Member State to pursue an activity within its ter
 ritory shall be granted a residence permit valid for a
 period not less than that of the authorisation granted                                 Article 7
 for the pursuit of the activity in question.                 Residence permits, passports and identity cards
                                                              granted in pursuance of this Directive shall be issued
2.     The right of residence for persons providing and       and renewed free, of charge or on payment of a sum
receiving services shall be of equal duration with the        not exceeding their administrative costs. This pro
period during which the services are provided.                vision shall apply also to documents and certificates
                                                              required for the issue or renewal of such permits,
Where such period exceeds three months, the Mem              passports and identity cards.
ber State in the territory of which the services are
performed shall issue a residence permit as proof of
that right.                                                                             Article 8
Where the period does not exceed three months, the            Member States shall not derogate from the provisions
identity card or passport with which the person con          of this Directive save on grounds of public policy,
cerned entered the territory shall be sufficient to           public security or public health.
cover his stay. The Member State may, however,
require the person concerned to report his presence
in the territory.                                                                       Article 9
                                                              Member States shall within six months of notification
3.     The right of residence of members of a family          of this Directive put into force the measures necessary
shall be the same as that of the national on whom             to comply with its provisions and shall forthwith in
they are dependent.                                           form the Commission thereof.
                         Article 4
                                                                                Article 10
Subject to any measures taken in particular cases on
grounds of public policy or public security, the right        This Directive is addressed to the Member States.
of residence shall be effective throughout the territory
of the Member State concerned.
                                                              Done at Brussels, 25 February 1964.
                         Article 5
                                                                                For the Council
An applicant for a residence permit shall not be re
quired by a Member State to produce anything other                                                       The President
than the following, namely:                                                                                H. FAYAT


title: Commission Directive 2006/78/EC of 29 September 2006 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purposes of adapting Annex II thereto to technical progress   (Text with EEA relevance)

text:
               30.9.2006

               EN

               Official Journal of the European Union

               L 271/56

         COMMISSION DIRECTIVE 2006/78/EC
   of 29 September 2006
   amending Council Directive 76/768/EEC, concerning cosmetic products, for the purposes of adapting Annex II thereto to technical progress
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), and in particular Article 8(2) thereof,
   After consulting the Scientific Committee of Cosmetic Products and Non-Food Products intended for Consumers,
   Whereas:

               (1)

               Animal by-products falling within Category 1 material or Category 2 material pursuant to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (2) are prohibited from entering the production chain for a technical product, such as a cosmetic product. The sourcing restrictions thus imposed on cosmetic products produced within the Community should be extended to cover imported products.

               (2)

               Since the specified risk material defined in Annex V to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (3) is included in the Category 1 material provided for in Regulation (EC) No 1774/2002, the reference to that Annex in entry No 419 of Annex II to Directive 76/768/EEC is no longer necessary.

               (3)

               In accordance with Article 22(1) of Regulation (EC) No 999/2001, the provisions of Part A of Annex XI to that Regulation apply until the date of the adoption of a decision in accordance with Article 5(2) or (4) thereof, after which Article 8 of that Regulation and Annex V thereto become applicable.

               (4)

               Directive 76/768/EEC should therefore be amended accordingly.

               (5)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Cosmetic Products,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   In Annex II to Directive 76/768/EEC entry No 419 is replaced by the following:

                  ‘419.

                  Category 1 material and Category 2 material as defined in Articles 4 and 5 respectively of Regulation (EC) No 1774/2002 of the European Parliament and of the Council (4), and ingredients derived therefrom.

   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 March 2007 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   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 3
   This Directive shall enter into force on the third day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 29 September 2006.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 262, 27.9.1976, p. 169. Directive as last amended by Commission Directive 2006/65/EC (OJ L 198, 20.7.2006, p. 11).

      (2)  OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 208/2006 (OJ L 36, 8.2.2006, p. 25).

      (3)  OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 1041/2006 (OJ L 187, 8.7.2006, p. 10).

      (4)  OJ L 273, 10.10.2002, p. 1’.


title: Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (Codified version)

text:
               18.2.2009

               EN

               Official Journal of the European Union

               L 47/5

      COUNCIL DIRECTIVE 2008/120/EC
   of 18 December 2008
   laying down minimum standards for the protection of pigs
   (Codified version)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               Council Directive 91/630/EEC of 19 November 1991 laying down minimum standards for the protection of pigs (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Most Member States have ratified the European Convention for the protection of animals kept for farming purposes. The Community has also approved this Convention by Council Decision 78/923/EEC (4).

               (3)

               Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (5) establishes Community provisions applying to all farmed animals in relation to construction requirements for animal housing, insulation, heating and ventilation conditions, equipment inspection and inspection of livestock. It is therefore necessary to deal with these matters in this Directive when more detailed requirements have to be established.

               (4)

               Pigs, being live animals, are included in the list of products set out in Annex I to the Treaty.

               (5)

               The keeping of pigs is an integral part of agriculture. It constitutes a source of revenue for part of the agricultural population.

               (6)

               Differences which may distort conditions of competition interfere with the smooth running of the organisation of the common market in pigs and pig products.

               (7)

               There is therefore a need to establish common minimum standards for the protection of pigs kept for rearing and fattening in order to ensure rational development of production.

               (8)

               Pigs should benefit from an environment corresponding to their needs for exercise and investigatory behaviour. The welfare of pigs appears to be compromised by severe restrictions of space.

               (9)

               When pigs are kept in groups, appropriate management measures for their protection should be taken to improve their welfare.

               (10)

               Sows prefer to have social interactions with other pigs when provided with freedom of movement and environmental complexity. Keeping sows in continuous close confinement should therefore be prohibited.

               (11)

               Tail-docking, tooth-clipping and tooth-grinding are likely to cause immediate pain and some prolonged pain to pigs. Castration is likely to cause prolonged pain which is worse if there is tearing of the tissues. Those practices are therefore detrimental to the welfare of pigs, especially when carried out by incompetent and inexperienced persons. As consequence, rules should be laid down to ensure better practices.

               (12)

               A balance should be kept between the various aspects to be taken into consideration, as regarding welfare including health, economic and social considerations, and also environmental impact.

               (13)

               It is necessary for official services, producers, consumers and others to be kept informed of developments in this field. The Commission should therefore, on the basis of an opinion from the European Food Safety Authority, actively pursue scientific research into the best pig-rearing system(s) from the point of view of pig welfare. Provision should accordingly be made for an interim period to enable the Commission to complete this task successfully.

               (14)

               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 (6).

               (15)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   This Directive lays down the minimum standards for the protection of pigs confined for rearing and fattening.
   Article 2
   For the purposes of this Directive, the following definitions shall apply:

               1.

               ‘pig’ means an animal of the porcine species, of any age, kept for breeding or fattening;

               2.

               ‘boar’ means a male pig after puberty, intended for breeding;

               3.

               ‘gilt’ means a female pig after puberty and before farrowing;

               4.

               ‘sow’ means a female pig after the first farrowing;

               5.

               ‘farrowing sow’ means a female pig between the perinatal period and the weaning of the piglets;

               6.

               ‘dry pregnant sow’ means a sow between weaning her piglets and the perinatal period;

               7.

               ‘piglet’ means a pig from birth to weaning;

               8.

               ‘weaner’ means a pig from weaning to the age of 10 weeks;

               9.

               ‘rearing pig’ means a pig from 10 weeks to slaughter or service;

               10.

               ‘competent authority’ means a competent authority within the meaning of Article 2(6) of Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (7).

         Article 3
   1.   Member States shall ensure that all holdings comply with the following requirements:

               (a)

               the unobstructed floor area available to each weaner or rearing pig kept in a group, excluding gilts after service and sows, must be at least:

                           Live weight (kg)

                           m2

                           Not more than 10

                           0,15

                           More than 10 but not more than 20

                           0,20

                           More than 20 but not more than 30

                           0,30

                           More than 30 but not more than 50

                           0,40

                           More than 50 but not more than 85

                           0,55

                           More than 85 but not more than 110

                           0,65

                           More than 110

                           1,00

               (b)

               the total unobstructed floor area available to each gilt after service and to each sow when gilts and/or sows are kept in groups must be at least 1,64 m2 and 2,25 m2 respectively. When these animals are kept in groups of fewer than six individuals the unobstructed floor area must be increased by 10 %. When these animals are kept in groups of 40 or more individuals the unobstructed floor area may be decreased by 10 %.

         2.   Member States shall ensure that flooring surfaces comply with the following requirements:

               (a)

               for gilts after service and pregnant sows: a part of the area required in paragraph 1(b), equal to at least 0,95 m2 per gilt and at least 1,3 m2 per sow, must be of continuous solid floor of which a maximum of 15 % is reserved for drainage openings;

               (b)

               when concrete slatted floors are used for pigs kept in groups:

                           (i)

                           the maximum width of the openings must be:

                                       —

                                       11 mm for piglets,

                                       —

                                       14 mm for weaners,

                                       —

                                       18 mm for rearing pigs,

                                       —

                                       20 mm for gilts after service and sows;

                           (ii)

                           the minimum slat width must be:

                                       —

                                       50 mm for piglets and weaners, and

                                       —

                                       80 mm for rearing pigs, gilts after service and sows.

         3.   Member States shall ensure that the construction of or conversion to installations in which sows and gilts are tethered is prohibited. From 1 January 2006 the use of tethers for sows and gilts shall be prohibited.
   4.   Member States shall ensure that sows and gilts are kept in groups during a period starting from four weeks after the service to one week before the expected time of farrowing. The pen where the group is kept must have sides greater than 2,8 m in length. When fewer than six individuals are kept in a group the pen where the group is kept must have sides greater than 2,4 m in length.
   By way of derogation from the first subparagraph, sows and gilts raised on holdings with fewer than 10 sows may be kept individually during the period mentioned in that subparagraph, provided that they can turn around easily in their boxes.
   5.   Member States shall ensure that, without prejudice to the requirements laid down in Annex I, sows and gilts have permanent access to manipulable material at least complying with the relevant requirements of that Annex.
   6.   Member States shall ensure that sows and gilts kept in groups are fed using a system which ensures that each individual can obtain sufficient food even when competitors for the food are present.
   7.   Member States shall ensure that all dry pregnant sows and gilts, in order to satisfy their hunger and given the need to chew, are given a sufficient quantity of bulky or high-fibre food as well as high-energy food.
   8.   Member States shall ensure that pigs that have to be kept in groups, that are particularly aggressive, that have been attacked by other pigs or that are sick or injured may temporarily be kept in individual pens. In this case the individual pen used shall allow the animal to turn around easily if this is not in contradiction with specific veterinary advice.
   9.   The provisions laid down in paragraphs 1(b), 2, 4, 5 and the last sentence of paragraph 8 shall apply to all holdings newly built or rebuilt or brought into use for the first time after 1 January 2003. From 1 January 2013 those provisions shall apply to all holdings.
   The provisions laid down in the first subparagraph of paragraph 4 shall not apply to holdings with fewer than 10 sows.
   Article 4
   Member States shall ensure that the conditions for rearing pigs comply with the general provisions laid down in Annex I.
   Article 5
   The provisions of Annex I may be amended in accordance with the procedure referred to in Article 11(2), in order to take account of scientific progress.
   Article 6
   Member States shall ensure that:

               (a)

               any person who employs or engages persons to attend to pigs ensures that the person attending to the animals has received instructions and guidance on the relevant provisions of Article 3 and Annex I;

               (b)

               appropriate training courses are available. In particular such training courses must focus on welfare aspects.

         Article 7
   1.   Preferably before 1 January 2005 and in any event by 1 July 2005, the Commission shall submit to the Council a report, drawn up on the basis of an opinion from the European Food Safety Authority. The report shall be drawn up taking into account the socioeconomic consequences, the sanitary consequences, the environmental effects and different climatic conditions. It shall also take into account the development of techniques and systems of pig production and meat processing which would be likely to reduce the need to resort to surgical castration. If need be, the report shall be accompanied by appropriate legislative proposals on the effects of different space allowances and floor types applicable to the welfare of weaners and rearing pigs.
   2.   Not later than 1 January 2008 the Commission shall submit to the Council a report, drawn up on the basis of an opinion from the European Food Safety Authority.
   The report shall cover in particular:

               (a)

               the effects of stocking density, including group size and methods of grouping the animals, in different farming systems on the welfare, including health, of pigs;

               (b)

               the impact of stall design and different flooring types on the welfare, including health, of pigs, taking into account different climatic conditions;

               (c)

               the risk factors associated with tail-biting and recommendations to reduce the need for tail-docking;

               (d)

               further developments of group-housing systems for pregnant sows, taking account both of pathological, zootechnical, physiological and ethological aspects of the various systems and of their health and environmental impact and of the different climatic conditions;

               (e)

               the determination of space requirements, including the service area for individually housed adult breeding boars;

               (f)

               further developments of loose-house systems for sows in the service area and for farrowing sows which meet the needs of the sow without compromising piglet survival;

               (g)

               consumers’ attitudes and behaviour towards pigmeat in the event of different levels of improvement in the welfare of the animals;

               (h)

               socioeconomic implications of the various systems of rearing pigs and their effects on the Community’s economic partners.

         The report may, if necessary, be accompanied by appropriate legislative proposals.
   Article 8
   1.   Member States shall ensure that inspections are carried out under the responsibility of the competent authority in order to check that the provisions of this Directive are being complied with.
   These inspections, which may be carried out on the occasion of checks made for other purposes, shall each year cover a statistically representative sample of the different rearing systems used in each Member State.
   2.   The Commission shall, in accordance with the procedure referred to in Article 11(2), draw up a code of rules to be applied in carrying out the inspections provided for in paragraph 1 of this Article.
   3.   Every two years, by the last working day in April and for the first time by 30 April 1996, Member States shall inform the Commission of the results of the inspections carried out during the previous two years in accordance with this Article, including the number of inspections carried out in proportion to the number of holdings in their territory.
   Article 9
   In order to be imported into the Community, animals coming from a third country must be accompanied by a certificate issued by the competent authority of that country, certifying that they have received treatment at least equivalent to that granted to animals of Community origin as provided for by this Directive.
   Article 10
   Veterinary experts from the Commission may, where necessary for the uniform application of this Directive, carry out on-the-spot checks in cooperation with the competent authorities. The persons carrying out these checks shall implement the special personal hygiene measures necessary to exclude any risk of transmission of disease.
   The Member State in the territory of which a check is being carried out shall give all necessary assistance to the experts in carrying out their duties. The Commission shall inform the competent authority of the Member State concerned of the results of the checks.
   The competent authority of the Member State concerned shall take any measures which may prove necessary to take account of the results of the check.
   With regard to relations with third countries, the provisions of Chapter III of Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries (8) shall apply.
   General rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 11(2).
   Article 11
   1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (9), hereinafter referred to as ‘the Committee’.
   2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
   The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
   Article 12
   Member States may, in compliance with the general rules of the Treaty, maintain or apply within their territories stricter provisions for the protection of pigs than those laid down in this Directive. They shall inform the Commission of any such measures.
   Article 13
   Directive 91/630/EEC, as amended by the Acts listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.
   Article 14
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 15
   This Directive is addressed to the Member States.

      Done at Brussels, 18 December 2008.

            For the Council

            The President

         M. BARNIER

      (1)  OJ C 146 E, 12.6.2008, p. 78.

      (2)  OJ L 340, 11.12.1991, p. 33.

      (3)  See Annex II, Part A.

      (4)  OJ L 323, 17.11.1978, p. 12.

      (5)  OJ L 221, 8.8.1998, p. 23.

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

      (7)  OJ L 224, 18.8.1990, p. 29.

      (8)  OJ L 268, 24.9.1991, p. 56.

      (9)  OJ L 31, 1.2.2002, p. 1.

      ANNEX I
      CHAPTER I
      GENERAL CONDITIONS
      In addition to the relevant provisions of the Annex to Directive 98/58/EC, the following requirements apply:

                  1.

                  In the part of the building where pigs are kept continuous noise levels as loud as 85 dBA shall be avoided. Constant or sudden noise shall be avoided.

                  2.

                  Pigs must be kept in light with an intensity of at least 40 lux for a minimum period of eight hours per day.

                  3.

                  The accommodation for pigs must be constructed in such a way as to allow the animals to:

                              —

                              have access to a lying area physically and thermally comfortable as well as adequately drained and clean which allows all the animals to lie at the same time,

                              —

                              rest and get up normally,

                              —

                              see other pigs; however, in the week before the expected farrowing time and during farrowing, sows and gilts can be kept out of the sight of conspecifics.

                  4.

                  Notwithstanding Article 3(5), pigs must have permanent access to a sufficient quantity of material to enable proper investigation and manipulation activities, such as straw, hay, wood, sawdust, mushroom compost, peat or a mixture of such, which does not compromise the health of the animals.

                  5.

                  Floors must be smooth but not slippery so as to prevent injury to the pigs and so designed, constructed and maintained as not to cause injury or suffering to pigs. They must be suitable for the size and weight of the pigs and, if no litter is provided, form a rigid, even and stable surface.

                  6.

                  All pigs must be fed at least once a day. Where pigs are fed in groups and not ad libitum or by an automatic system feeding the animals individually, each pig must have access to the food at the same time as the others in the group.

                  7.

                  All pigs over two weeks of age must have permanent access to a sufficient quantity of fresh water.

                  8.

                  All procedures intended as an intervention carried out for other than therapeutic or diagnostic purposes or for the identification of the pigs in accordance with relevant legislation and resulting in damage to or the loss of a sensitive part of the body or the alteration of bone structure shall be prohibited with the following exceptions:

                              —

                              a uniform reduction of corner teeth of piglets by grinding or clipping not later than the seventh day of life of the piglets leaving an intact smooth surface; boars’ tusks may be reduced in length where necessary to prevent injuries to other animals or for safety reasons,

                              —

                              docking of a part of the tail,

                              —

                              castration of male pigs by other means than tearing of tissues,

                              —

                              nose-ringing only when the animals are kept in outdoor husbandry systems and in compliance with national legislation.

            Neither tail-docking nor reduction of corner teeth must be carried out routinely but only where there is evidence that injuries to sows’ teats or to other pigs’ ears or tails have occurred. Before carrying out these procedures, other measures shall be taken to prevent tail-biting and other vices, taking into account environment and stocking densities. For this reason inadequate environmental conditions or management systems must be changed.
      Any of the procedures described above shall only be carried out by a veterinarian or a person trained as provided in Article 6 and experienced in performing the applied techniques with appropriate means and under hygienic conditions. If castration or docking of tails is practised after the seventh day of life, it shall only be performed under anaesthetic and additional prolonged analgesia by a veterinarian.
      CHAPTER II
      SPECIFIC PROVISIONS FOR VARIOUS CATEGORIES OF PIGS
      A.   Boars
      Boar pens must be sited and constructed so as to allow the boar to turn round and to hear, smell and see other pigs. The unobstructed floor area available to an adult boar must be at least 6 m2.
      Where pens are also used for natural service the floor area available to an adult boar must be at least of 10 m2 and the pen must be free of any obstacles.
      B.   Sows and gilts

                  1.

                  Measures shall be taken to minimise aggression in groups.

                  2.

                  Pregnant sows and gilts must, if necessary, be treated against external and internal parasites. If they are placed in farrowing crates, pregnant sows and gilts must be thoroughly cleaned.

                  3.

                  In the week before the expected farrowing time sows and gilts must be given suitable nesting material in sufficient quantity unless it is not technically feasible for the slurry system used in the establishment.

                  4.

                  An unobstructed area behind the sow or gilt must be available for the ease of natural or assisted farrowing.

                  5.

                  Farrowing pens where sows are kept loose must have some means of protecting the piglets, such as farrowing rails.

            C.   Piglets

                  1.

                  A part of the total floor, sufficient to allow the animals to rest together at the same time, must be solid or covered with a mat, or be littered with straw or any other suitable material.

                  2.

                  Where a farrowing crate is used, the piglets must have sufficient space to be able to be suckled without difficulty.

                  3.

                  No piglets shall be weaned from the sow at less than 28 days of age unless the welfare or health of the dam or the piglet would otherwise be adversely affected.
                  However, piglets may be weaned up to seven days earlier if they are moved into specialised housings which are emptied and thoroughly cleaned and disinfected before the introduction of a new group and which are separated from housings where sows are kept, in order to minimise the transmission of diseases to the piglets.

            D.   Weaners and rearing pigs

                  1.

                  When pigs are kept in groups, measures must be taken to prevent fighting which goes beyond normal behaviour.

                  2.

                  They should be kept in groups with as little mixing as possible. If pigs unfamiliar with one another have to be mixed, this should be done at as young an age as possible, preferably before or up to one week after weaning. When pigs are mixed they shall be provided with adequate opportunities to escape and hide from other pigs.

                  3.

                  When signs of severe fighting appear the causes shall be immediately investigated and appropriate measures taken, such as providing plentiful straw to the animals, if possible, or other materials for investigation. Animals at risk or particularly aggressive animals shall be kept separate from the group.

                  4.

                  The use of tranquillising medicaments in order to facilitate mixing shall be limited to exceptional conditions and only after consultation with a veterinarian.

      ANNEX II
      PART A
      Repealed Directive with its successive amendments
      (referred to in Article 13)

                  Council Directive 91/630/EEC
                  (OJ L 340, 11.12.1991, p. 33)

                  Council Directive 2001/88/EC
                  (OJ L 316, 1.12.2001, p. 1)

                  Commission Directive 2001/93/EC
                  (OJ L 316, 1.12.2001, p. 36)

                  Council Regulation (EC) No 806/2003
                  (OJ L 122, 16.5.2003, p. 1)

                  only Annex III, point 26

            PART B
      List of time limits for transposition into national law
      (referred to in Article 13)

                  Directives

                  Time limit for transposition

                  91/630/EEC

                  1 January 1994

                  2001/88/EC

                  1 January 2003

                  2001/93/EC

                  1 January 2003

      ANNEX III
      CORRELATION TABLE

                  Directive 91/630/EEC

                  This Directive

                  Articles 1 and 2

                  Articles 1 and 2

                  Article 3, introductory wording

                  —

                  Article 3, point 1

                  Article 3(1)

                  Article 3, point 2

                  Article 3(2)

                  Article 3, point 3

                  Article 3(3)

                  Article 3, point 4(a)

                  Article 3(4), first subparagraph

                  Article 3, point 4(b)

                  Article 3(4), second subparagraph

                  Article 3, point 5

                  Article 3(5)

                  Article 3, point 6

                  Article 3(6)

                  Article 3, point 7

                  Article 3(7)

                  Article 3, point 8

                  Article 3(8)

                  Article 3, point 9

                  Article 3(9)

                  Article 4(1), first subparagraph

                  Article 4

                  Article 4(1), second subparagraph

                  —

                  Article 4(2)

                  —

                  Article 5

                  Article 5

                  Article 5a, introductory wording

                  Article 6, introductory wording

                  Article 5a, point 1

                  Article 6(a)

                  Article 5a, point 2

                  Article 6(b)

                  Article 6

                  Article 7

                  Article 7

                  Article 8

                  Article 8

                  Article 9

                  Article 9

                  Article 10

                  Article 10

                  Article 11

                  Article 11(1)

                  —

                  Article 11(2)

                  Article 12

                  —

                  Article 13

                  —

                  Article 14

                  Article 12

                  Article 15

                  Annex

                  Annex I

                  —

                  Annex II

                  —

                  Annex III


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31972L0425

Council Directive 72/425/EEC of 19 December 1972 amending the Council Directive of 20 December 1968 imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products

Official Journal L 291 , 28/12/1972 P. 0154 - 0154 Finnish special edition: Chapter 12 Volume 1 P. 0042  Danish special edition: Series I Chapter 1972(28.12) P. 0022  Swedish special edition: Chapter 12 Volume 1 P. 0042  English special edition: Series I Chapter 1972(28-30.12) P. 0069  Greek special edition: Chapter 10 Volume 1 P. 0048  Spanish special edition: Chapter 12 Volume 1 P. 0165  Portuguese special edition Chapter 12 Volume 1 P. 0165

COUNCIL DIRECTIVE  of 19 December 1972  amending the Council Directive of 20 December 1968 imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products  (72/425/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 103 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;  Whereas the substantial growth in the oil requirements of the Community entails an increasing dependence on supplies imported from third countries;  Whereas, owing to changes in the pattern of oil supplies in Western Europe during recent years, stocks should be increased in order to make good the deficit in supplies following a break in certain lines of supply, to establish a reserve capacity for production, and to enable all other necessary measures to be taken;  Whereas an increase in stocks to a minimum of 90 days is, under these circumstances, essential;  HAS ADOPTED THIS DIRECTIVE:    Article 1 The representative period of 65 days cited in the first paragraph of Article 1 of the Council Directive of 20 December 1968 1, imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products shall be increased to 90 days.   Article 2 The increase in stocks cited in Article 1, paragraph 1 of the Directive referred to in Article 1 must be carried out as soon as possible with effect from the date of notification of this Directive, and not later than 1 January 1975. The Member States shall be obliged to maintain minimum stocks of crude oil and/or petroleum products for 65 days until such time as they have effected this increase.  The Member States shall inform the Commission of the measures taken to this effect.  The Commission shall submit an annual report to the Council on the implementation of this Directive and on any problems arising from the build-up of stocks.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 19 December 1972.  For the Council  The President  T. WESTERTERP  1OJ No L 308, 23.12.1968, p. 14.


Commission Directive on the compensatory tax equivalent to turnover tax, collected on imports of combed wool into the Federal Republic of Germany


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31994L0061

Commission Directive 94/61/EEC of 15 December 1994 extending the period of provisional recognition of certain protected zones provided for in Article 1 of Directive 92/76/EEC

Official Journal L 330 , 21/12/1994 P. 0063 - 0063 Finnish special edition: Chapter 3 Volume 64 P. 0108  Swedish special edition: Chapter 3 Volume 64 P. 0108

COMMISSION DIRECTIVE 94/61/EC of 15 December 1994 extending the period of provisional recognition of certain protected zones provided for in Article 1 of Directive 92/76/EECTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by  Directive 94/13/EC (2), and in particular the first subparagraph of Article 2 (1) (h) thereof,  Having regard to Commission Directive 92/76/EEC of 6 October 1992 recognizing protected zones exposed to particular plant health risks in the Community (3), as amended by Directive 93/106/EC (4), and in particular Article 2 thereof,  Whereas under Commission Directive 92/76/EEC certain zones in the Community were recognized as 'protected zones' in respect of certain harmful organisms for a period expiring on 31 December 1994;  Whereas such recognition was provisional until the results of appropriate surveys monitored by Commission experts confirmed that one or more of the harmful organisms in respect of which the zones were recognized as protected zones were not endemic or  established in those zones;  Whereas the said surveys have not yet been completed; whereas it is, therefore, appropriate to extend the provisional recognition for a further period to enable the said surveys to be completed;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,  HAS ADOPTED THIS DIRECTIVE:   Article 1  The date of 31 December 1994 referred to in Article 1 of Directive 92/76/EEC is hereby replaced by 1 July 1995.   Article 2  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 February 1995. They shall immediately inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member  States.  2. Member States shall immediately communicate to the Commission all provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.   Article 3  This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.  Done at Brussels, 15 December 1994.  For the Commission René STEICHEN Member of the Commission  (1) OJ No L 26, 31. 1. 1977, p. 20.  (2) OJ No L 92, 9. 4. 1994, p. 27.  (3) OJ No L 305, 21. 10. 1992, p. 12.  (4) OJ No L 298, 3. 12. 1993, p. 34.


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31972L0426

Council Directive 72/426/EEC of 19 December 1972 amending the first Directive of 23 July 1962 on the establishment of certain common rules for international transport (carriage of goods by road for hire or reward)

Official Journal L 291 , 28/12/1972 P. 0155 - 0155 Finnish special edition: Chapter 7 Volume 1 P. 0150  Danish special edition: Series I Chapter 1972(31.12)L291 P. 0022  Swedish special edition: Chapter 7 Volume 1 P. 0150  English special edition: Series I Chapter 1972(28-30.12) P. 0070  Greek special edition: Chapter 07 Volume 1 P. 0214  Spanish special edition: Chapter 07 Volume 2 P. 0005  Portuguese special edition Chapter 07 Volume 2 P. 0005

COUNCIL DIRECTIVE  of 19 December 1972  amending the first Directive of 23 July 1962 on the establishment of certain common rules for international transport (carriage of goods by road for hire or reward)  (72/426/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty concerning the accession of the new Member States to the European Economic Community and to the European Atomic Energy Community signed on 22 January 1972, and in particular Article 153 of the Act annexed thereto;  Having regard to the proposal from the Commission;  Whereas the first Council Directive of 23 July 1962 1 on the establishment of certain common rules for international transport (carriage of goods by road for hire or reward) must be amended to ensure the liberalisation of the type of carriage by road referred to in this Directive in respect of carriage by road between certain coastal regions of the Communities separated by a seaway;  Whereas pursuant to Article 30 of the Act referred to above, the aforementioned Directive must be amended in conformity with the guidelines laid down in Annex II of that Act,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Annexes I and II to the first Council Directive of 23 July 1962 shall be amended as follows:    1. The following shall be added to Annex I.1:  "In the case of carriage between Member States whose territories are separated solely by an area of sea, no account shall be taken of the distance travelled on board a means of sea transport specially constructed and equipped for the carriage of commercial vehicles and operated as a regular service."       2. The following shall be added to Annex II.1:  "In the case where a Member State does not have a common land frontier with another Member State, the distance of 25 km as the crow flies shall be calculated from the point where the vehicle is unloaded from a means of sea transport specially constructed and equipped for the carriage of commercial vehicles and operated as a regular service."          Article 2 This Directive is addressed to the Member States. It shall take effect on the date of accession.     Done at Brussels, 19 December 1972.  For the Council  The President  T WESTERTERP  1OJ No 70, 6.8.1962, p. 2005/62.


Commission Directive 70/32/EEC of 17 December 1969 on provision of goods to the State, to local authorities and other official bodies


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31993L0080

Commission Directive 93/80/EEC of 23 September 1993 amending Council Directive 90/656/EEC on the transitional measures applicable in Germany with regard to certain Community provisions relating to the protection of the environment

Official Journal L 256 , 14/10/1993 P. 0032 - 0032 Finnish special edition: Chapter 5 Volume 6 P. 0105  Swedish special edition: Chapter 5 Volume 6 P. 0105

COMMISSION DIRECTIVE 93/80/EEC of 23 September 1993 amending Council Directive 90/656/EEC on the transitional measures applicable in Germany with regard to certain Community provisions relating to the protection of the environmentTHE  COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 90/656/EEC of 4 December 1990 on the transitional measures applicable in Germany with regard to certain Community provisions relating to the protection of the environment (1), and in particular Article 18 (6) thereof,   Whereas Directive 90/656/EEC lays down various time limits for putting certain Community rules on the environment into effect in the territory of the former German Democratic Republic;  Whereas the time limits specified in the said Directive were based on information on the rules in force and the state of the environment in the territory of the former German Democratic Republic which was found to be incomplete, approximative, uncertain  and unreliable;  Whereas this results in a situation which is exceptional in all respects;  Whereas neither the Federal Republic of Germany nor the institutions of the European Communities were able, at the time of adoption of the said Directive, to foresee sufficiently clearly how the state of the environment would change in the territory of  the former German Democratic Republic;  Whereas the said Directive for this reason provides for a simplified procedure by which the Commission, after obtaining the opinion of an ad hoc Committee, may authorize the extension to 31 December 1995 at the latest of the deadlines for putting  certain Community rules on the environment laid down in the said Directive into effect in the territory of the former German Democratic Republic;  Whereas the degree of obsolescence of the industrial production units situated in the territory of the former German Democratic Republic, which discharge dangerous substances into the surface water, and the severity of the environmental damage  attributable to those discharges have been found to be far in excess of the evaluations on the basis of which the date of 31 December 1992 was laid down in Directive 90/656/EEC for putting the Directives into effect;  Whereas it is therefore necessary to extend the deadlines laid down for the application of the said Directives to installations which were situated in the territory of the former German Democratic Republic at the time of German unification, in order to  allow time for making the necessary changes to the said installations;  Whereas the measures provided for in this Directive are in conformity with the opinion expressed by the Committee referred to in Article 18 (4) of Directive 90/656/EEC,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Article 3 of Directive 90/656/EEC is hereby amended as follows:  1. Paragraph 1 is replaced by the following:  '1. By way of derogation from Directive 76/464/EEC (2), Directive 82/176/EEC (3), Directive 83/513/EEC (4), Directive 84/156/EEC (5), Directive 84/491/EEC (6), Directive 86/280/EEC (7) and Directive 88/347/EEC (8), the Federal Republic of Germany shall  be authorized to apply, in respect of the territory of the former German Democratic Republic, the provisions laid down in the said Directives to industrial installations which, on the date of German unification, were located in that territory, from 31  December 1995 at the latest.' 2. Paragraph 4 is replaced by the following:  '4. The special programmes provided for in Article 4 of Directive 84/156/EEC and Article 5 of Directive 86/280/EEC shall be drawn up and put into effect by 31 December 1995 at the latest.'  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 23 September 1993.  For the Commission Yannis PALEOKRASSAS Member of the Commission  (1) OJ No L 353, 17. 12. 1990, p. 59.