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31989L0336

Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility

Official Journal L 139 , 23/05/1989 P. 0019 - 0026 Finnish special edition: Chapter 13 Volume 18 P. 0241  Swedish special edition: Chapter 13 Volume 18 P. 0241

*****COUNCIL  DIRECTIVE  of 3 May 1989  on the approximation of the laws of the Member States relating to electromagnetic compatibility  (89/336/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas it is necessary to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;  Whereas Member States are responsible for providing adequate protection for radiocommunications and the devices, apparatus or systems whose performance may be degraded by electromagnetic disturbance produced by electrial and electronic apparatus against the degradation caused by such disturbances;  Whereas Member States are also responsible for ensuring that electric energy distribution networks are protected from electromagnetic disturbance with can affect them and, consequently, equipment fed by them;  Whereas Council Directive 86/361/EEC of 24 July 1986 on the initial stage of the recognition of type-approval for telecommunications terminal equipment (4) covers in particular the signals emitted by such equipment when it is operating normally and the protection of public telecommunications networks from harm; whereas it is therefore still necessary to provide adequate protection for these networks, including the equipment connected to them, against temporary disturbances caused by signals of an accidental nature that may be emitted by this equipment;  Whereas in some Member States, mandatory provisions define in particular the permissible electromagnetic disturbance levels that this equipment is liable to cause and its degree of immunity to such signals; whereas these mandatory provisions do not necessarily lead to different protection levels from one Member State to another but do, by their disparity, hinder trade within the Community;  Whereas the national provisions ensuring such protection must be harmonized in order to guarantee the free movement of electrical and electronic apparatus without lowering existing and justified levels of protection in the Member States;  Whereas Community legislation as it stands at present provides that, notwithstanding one of the fundamental rules of the Community, namely the free movement of goods, barriers to intra-Community trade resulting from disparities in national laws on the marketing of products have to be accepted in so far as those provisions may be recognized as necessary to satisfy essential requirements; whereas the harmonization of laws in the case in point must therefore be confined to those provisions needed to comply with the protection requirements relating to electromagnetic compatibility; whereas these requirements must replace the corresponding national provisions;  Whereas this Directive therefore defines only protection requirements relating to electromagnetic compatibility; whereas, to facilitate proof of conformity with these requirements, it is important to have harmonized standards at European level concerning electromagnetic compatibility, so that products complying with them may  be assumed to comply with the protection requirements; whereas these standards harmonized at European level are drawn up by private bodies and must remain non-binding texts; whereas for that purpose the European Committee for Electrotechnical Standardization (CENELEC) is recognized as the competent body in the field of this Directive for the adoption of harmonized standards in accordance with the general guidelines for cooperation between the Commission and the European Committee for Standardization (CEN) and CENELEC signed on 13 November 1984; whereas, for the purposes of this Directive, a harmonized standard is a technical specification (European standard or harmonization document) adopted by CENELEC upon a remit from the Commission in accordance with the provisions of Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (1), as last amended by Directive 88/182/EEC (2), and pursuant to the abovementioned general guidelines;  Whereas, pending the adoption of harmonized standards for the purposes of this Directive, the free movement of goods should be facilitated by accepting, as a transitional measure, on a Community level, apparatus complying with the national standards adopted, in accordance with the Community inspection procedure ensuring that such national standards meet the protection objectives of this Directive;  Whereas the EC declaration of conformity concerning the apparatus constitutes a presumption of its conformity with this Directive; whereas this declaration must take the simplest possible form;  Whereas, for apparatus covered by Directive 86/361/EEC, in order to obtain efficient protection as regards electromagnetic compatibility, compliance with the provisions of this Directive should nevertheless be certified by marks or certificates of conformity issued by bodies notified by the Member States; whereas, to facilitate the mutual recognition of marks and certificates issued by these bodies, the criteria to be taken into consideration for appointing them should be harmonized;  Whereas it is nevertheless possible that equipment might disturb radiocommunications and telecommunications networks; whereas provision should therefore be made for a procedure to reduce this hazard;  Whereas this Directive applies to the appliances and equipment covered by Directives 76/889/EEC (3) and 76/890/EEC (4) which relate to the approximation of the laws of the Member States relating to radio interference caused by electrical household appliances, portable tools and similar equipment and to the suppression of radio interference with regard to fluorescent lighting luminaires fitted with starters; whereas those Directive should therefore be repealed,  HAS ADOPTED THIS DIRECTIVE:  Article 1  For the purposes of this Directive:  1. 'apparatus' means all electrical and electronic appliances together with equipment and installations containing electrical and/or electronic components.  2. 'electromagnetic disturbance' means any electromagnetic phenomenon which may degrade the performance of a device, unit of equipment or system. An electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself.  3. 'immunity' means the ability of a device, unit of equipment or system to perform without degradation of quality in the presence of an electromagnetic disturbance.  4. 'electromagnetic compatibility' means the ability of a device, unit of equipment or system to function satisfactorily in its electromagnetic environment without introducing intolerable electromagnetic disturbances to anything in that environment.  5. 'competent body' means any body which meets the criteria listed in Annex II and is recognized as such.  6. 'EC type-examination certificate' is a document in which a notified body referred to in Article 10 (6) certifies that the type of equipment examined complies with the provisions of this Directive which concern it.  Article 2  1. This Directive applies to apparatus liable to cause electromagnetic disturbance or the performance of which is liable to be affected by such disturbance.  It defines the protection requirements and inspection procedures relating thereto.  2. In so far as protection requirements specified in this Directive are harmonized, in the case of certain apparatus, by specific Directives, this Directive shall not apply or shall cease to apply with regard to such apparatus or protection requirements upon the entry into force of those specific Directives.  3. Radio equipment used by radio amateurs within the meaning of Article 1, definition 53, of the radio regulations in the International Telecommunications Convention, shall be excluded from the scope of this Directive, unless the apparatus is available commercially.  Article 3  Member States shall take all appropriate measures to ensure that apparatus as referred to in Article 2 may be placed on the market or taken into service only if it complies with the requirements laid down by this Directive when it is properly installed and maintained and when it is used for the purposes for which it is intended.  Article 4  The apparatus referred to in Article 2 shall be so constructed that:  (a) the electromagnetic disturbance it generates does not exceed a level allowing radio and telecommunications equipment and other apparatus to operate as intended;  (b) the apparatus has an adequate level of intrinsic immunity of electromagnetic disturbance to enable it to operate as intended.  The principal protection requirements are set out in Annex III.  Article 5  Member States shall not impede for reasons relating to electromagnetic compatibility the placing on the market and the taking into service on their territory of apparatus covered by this Directive which satisfies the requirements thereof.  Article 6  1. The requirements of this Directive shall not prevent the application in any Member State of the following special measures:  (a) measures with regard to the taking into service and use of the apparatus taken for a specific site in order to overcome an existing or predicted electromagnetic compatibility problem;  (b) measures with regard to the installation of the apparatus taken in order to protect the public telecommunications networks or receiving or transmitting stations used for safety purposes.  2. Without prejudice to Directive 83/189/EEC, Member States shall inform the Commission and the other Member States of the special measures taken pursuant to paragraph 1.  3. Special measures that have been recognized as justified shall be contained in an appropriate notice made by the Commission in the Official Journal of the European Communities.  Article 7  1. Member States shall presume compliance with the protection requirements referred to in Article 4 in the case of apparatus which is in conformity;  (a) with the relevant national standards transposing the harmonized standards, the reference numbers of which have been published in the Official Journal of the European Communities. Member States shall publish the reference numbers of such national standards;  (b) or with the relevant national standards referred to in paragraph 2 in so far as, in the areas covered by such standards, no harmonized standards exist.  2. Member States shall communicate to the Commission the texts of their national standards, as referred to in paragraph 1 (b), which they regard as complying with the protection requirements referred to in Article 4. The Commission shall forward such texts forthwith to the other Member States. In accordance with the procedure provided for in Article 8 (2), it shall notify the Member States of those national standards in respect of which there is a presumption of conformity with the protection requirements referred to in Article 4.  Member States shall publish the reference numbers of those standards. The Commission shall also publish them in the Official Journal of the European Communities.  3. Member States shall accept that where the manufacturer has not applied, or has applied only in part, the standards referred to in paragraph 1, or where no such standards exist, apparatus shall be regarded as satisfying the protection requirements has been certified by the means of attestation provided for in Article 10 (2).  Article 8  1. Where a Member State or the Commission considers that the harmonized standards referred to in Article 7 (1) (a) do not entirely satisfy the requirements referred to in Article 4, the Member State concerned or the Commission shall bring the matter before the Standing Committee set up by Directive 83/189/EEC, hereinafter referred to as 'the Committee', giving the reasons therefor. The Committee shall deliver an opinion without delay.  Upon receipt of the Committee's opinion, the Commission shall inform the Member States as soon as possible whether or not it is necessary to withdraw in whole or in part those standards from the publications referred to in Article 7 (1) (a). 2. After receipt of the communication referred to in Article 7 (2), the Commission shall consult the Committee. Upon receipt of the latter's opinion, the Commission shall inform the Member States as soon as possible whether or not the national standard in question shall enjoy the presumption of conformity and, if so, that the references thereof shall be published nationally.  If the Commission or a Member State considers that a national standard no longer satisfies the necessary conditions for presumption of compliance with the protection requirements referred to in Article 4, the Commission shall consult the Committee, which shall give its opinion without delay. Upon receipt of the latter's opinion, the Commission shall inform the Member States as soon as possible whether or not the standard in question shall continue to enjoy a presumption of conformity and, if not, that it must be withdrawn in whole or in part from the publications referred to in Article 7 (2).  Article 9  1. Where a Member State ascertains that apparatus accompanied by one of the means of attestation provided for in Article 10 does not comply with the protection requirements referred to in Article 4, it shall take all appropriate measures to withdraw the apparatus from the market, prohibit its placing on the market or restrict its free movement.  The Member State concerned shall immediately inform the Commission of any such measure, indicating the reasons for its decision and, in particular, whether non-compliance is due to:  (a) failure to satisfy the protection requirements referred to in Article 4, where the apparatus does not meet the standards referred to in Article 7 (1);  (b) incorrect application of the standards referred to in Article 7 (1);  (c) shortcomings in the standards referred to in Article 7 (1) themselves.  2. The Commission shall consult the parties concerned as soon as possible. If the Commission finds, after such consultations, that the action is justified, it shall forthwith so inform the Member State that took the action and the other Member States.  Where the decision referred to in paragraph 1 is attributed to shortcomings in the standards, the Commission, after consulting the parties, shall bring the matter before the Committee within two months if the Member State which has taken the measures intends to uphold them, and shall initiate the procedures referred to in Article 8.  3. Where apparatus which does not comply is accompanied by one of the means of attestation referred to in Article 10, the competent Member State shall take appropriate action against the author of the attestation and shall inform the Commission and the other Member States thereof.  4. The Commission shall ensure that the Member States are kept informed of the progress and outcome of this procedure.  Article 10  1. In the case of apparatus for which the manufacturer has applied the standards referred to in Article 7 (1), the conformity of apparatus with this Directive shall be certified by an EC declaration of conformity issued by the manufacturer or his authorized representative established within the Community. The declaration shall be held at the disposal of the competent authority for ten years following the placing of the apparatus on the market.  The manufacturer or his authorized representative established within the Community shall also affix the EC conformity mark to the apparatus or else to the packaging, instructions for use or guarantee certificate.  Where neither the manufacturer nor his authorized representative is established within the Community, the above obligation to keep the EC declaration of conformity available shall be the responsibility of the person who places the apparatus on the Community market.  The provisions governing the EC declaration and the EC mark are set out in Annex I.  2. In the case of apparatus for which the manufacturer has not applied, or has applied only in part, the standards referred to in Article 7 (1) or failing such standards, the manufacturer or his authorized representative established within the Community shall hold at the disposal of the relevant competent authorities, as soon as the apparatus is placed on the market, a technical construction file. This file shall describe the apparatus, set out the procedures used to ensure conformity of the apparatus with the protection requirements referred to in Article 4 and include a technical report or certificate, one or other obtained from a competent body.  The file shall be held at the disposal of the competent authorities for ten years following the placing of the apparatus on the market.  Where neither the manufacturer nor his authorized representative is established within the Community, this obligation to keep a technical file available shall be the responsibility of the person who places the apparatus on the Community market.  The conformity of apparatus with that described in the technical file shall be certified in accordance with the procedure laid down in paragraph 1.  Member States shall presume, subject to the provisions of this paragraph, that such apparatus meets the protection requirements referred to in Article 4. 3. Where the standards referred to in Article 7 (1) are not yet in existence, and without prejudice to the provisions of paragraph 2 of this Article, the apparatus concerned may, on a transitional basis until 31 December 1992 at the latest, continue to be governed by the national arrangements in force on the date of adoption of this Directive, subject to the compatibility of such arrangements with the provisions of the Treaty.  4. Conformity of apparatus covered by Article 2 (2) of Directive 86/361/EEC with the provisions of this Directive shall be certified in accordance with the procedure laid down in paragraph 1 once the manufacturer or his authorized representative established within the Community has obtained an EC type-examination certificate concerning this apparatus issued by one of the notified bodies referred to in paragraph 6 of this Article.  5. The conformity of apparatus designed for the transmission of radiocommunications, as defined in the International Telecommunication Union Convention, with the provisions of this Directive shall be certified in accordance with the procedure laid down in paragraph 1 once the manufacturer or his authorized representative established within the Community has obtained an EC type-examination certificate concerning this apparatus issued by one of the notified bodies referred to in paragraph 6 below.  This provision shall not apply to the above apparatus where it is designed and intended exclusively for radio amateurs within the meaning of Article 2 (3).  6. Each Member State shall notify the Commission and the other Member States of the competent authorities referred to in this Article and of the bodies responsible for issuing the EC type-examination certificates referred to in paragraphs 4 and 5. The Commission shall publish a list of those authorities and bodies, for information purposes, in the Official Journal of the European Communities and shall ensure that the list is updated.  Such notification shall state whether those bodies are competent for all apparatus covered by this Directive or whether their responsibility is limited to certain specific areas.  Member States shall apply the criteria listed in Annex II for the assessment of the bodies to be notified.  Bodies which comply with the assessment criteria fixed by the relevant harmonized standards shall be presumed to comply with the aforementioned criteria.  A Member State which has notified a body must withdraw approval if it finds that the body no longer meets the criteria listed in Annex II. It shall forthwith inform the Commission and the other Member States thereof.  Article 11  Directive 76/889/EEC and Directive 76/890/EEC shall be repealed as from 1 January 1992.  Article 12  1. By 1 July 1991, Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive. They shall inform the Commission thereof.  They shall apply these provisions as from 1 January 1992.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.  Article 13  This Directive is addressed to the Member States.  Done at Brussels, 3 May 1989.  For the Council  The President  P. SOLBES  (1) OJ No C 322, 2. 12. 1987, p. 4.  (2) OJ No C 262, 10. 10. 1988, p. 82 and OJ No C 69, 20. 3. 1989, p. 72.  (3) OJ No C 134, 24. 5. 1988, p. 2.  (4) OJ No L 217, 5. 8. 1986, p. 21.  (1) OJ No L 109, 26. 4. 1983, p. 8.  (2) OJ No L 81, 26. 3. 1988, p. 75.  (3) OJ No L 336, 4. 12. 1976, p. 1.  (4) OJ No L 336, 4. 12. 1976, p. 22.  ANNEX I  1. EC declaration of conformity  The EC declaration of conformity must contain the following:  - description of the apparatus to which it refers,  - reference to the specifications under which conformity is declared, and, where appropriate, to the national measures implemented to ensure the conformity of the apparatus with the provisions of the Directive,  - identification of the signatory empowered to bind the manufacturer or his authorized representative,  - where appropriate, reference to the EC type-examination certificate issued by a notified body.  2. EC conformity mark  - The EC conformity mark shall consist of the letters CE as set out below and the figures of the year in which the mark was affixed.  - This mark should, where appropriate, be accompanied by the distinctive letters used by the notified body issuing the EC type-examination certificate.  - Where apparatus is the subject of other Directives providing for the EC conformity mark, the affixing of the EC mark shall also indicate conformity with the relevant requirements of those other Directives.  ANNEX II  Criteria for the assessment of the bodies to be notified  The bodies designated by the Member States must fulfil the following minimum conditions:  1. availability of personnel and of the necessary means and equipment;  2. technical competence and professional integrity of personnel;  3. independence, in carrying out the tests, preparing the reports, issuing the certificates and performing the verification function provided for in this Directive, of staff and technical personnel in relation to all circles, groups or persons directly or indirectly concerned with the product in question;  4. maintenance of professional secrecy by personnel;  5. possession of civil liability insurance unless such liability is covered by the State under national law.  Fulfilment of the conditions under points 1 and 2 shall be verified at intervals by the competent authorities of the Member States.  ANNEX III  Illustrative list of the principal protection requirements  The maximum electromagnetic disturbance generated by the apparatus shall be such as not to hinder the use of in particular the following apparatus:  (a) domestic radio and television receivers  (b) industrial manufacturing equipment  (c) mobile radio equipment  (d) mobile radio and commercial radiotelephone equipment  (e) medical and scientific apparatus  (f) information technology equipment  (g) domestic appliances and household electronic equipment  (h) aeronautical and marine radio apparatus  (i) educational electronic equipment  (j) telecommunications networks and apparatus  (k) radio and television broadcast transmitters  (l) lights and fluorescent lamps.  Apparatus, and especially the apparatus referred to in (a) to (l), should be constructed in such a way that it has an adequate level of electromagnetic immunity in the usual electromagnetic compatibility environment where the apparatus is intended to work so as to allow its unhindered operation taking into account the levels of disturbance generated by apparatus complying with the standards laid down in Article 7.  The information required to enable use in accordance with the intended purpose of the apparatus must be contained in the instructions accompanying the apparatus.


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31968L0414

Council Directive 68/414/EEC 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 308 , 23/12/1968 P. 0014 - 0016 Finnish special edition: Chapter 12 Volume 1 P. 0028  Danish special edition: Series I Chapter 1968(II) P. 0575  Swedish special edition: Chapter 12 Volume 1 P. 0028  English special edition: Series I Chapter 1968(II) P. 0586  Greek special edition: Chapter 12 Volume 1 P. 0039  Spanish special edition: Chapter 12 Volume 1 P. 0125  Portuguese special edition Chapter 12 Volume 1 P. 0125

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  (68/414/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 1;  Whereas imported crude oil and petroleum products are of increasing importance in providing the Community with supplies of energy ; whereas any difficulty, even temporary, having the effect of reducing supplies of such products imported from third States could cause serious disturbances in the economic activity of the Community ; whereas the Community must therefore be in a position to offset or at least to diminish any harmful effects in such a case;  Whereas a crisis in obtaining supplies could occur unexpectedly and whereas it is therefore essential to establish forthwith the necessary means to make good a possible shortage;  Whereas, to this end, it is necessary to increase the security of supply for crude oil and petroleum products in Member States by establishing and maintaining minimum stocks of the most important petroleum products;  Whereas national production contributes in itself to the security of supply ; whereas the conditions of Community production and the greater security of supply inherent in such production justify making it possible for Member States to place the burden of maintaining stocks on imports;  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States shall adopt such laws, regulations or administrative provisions as may be appropriate in order to maintain at all times, subject to the provisions of Articles 2 and 7, their stocks of petroleum products at a level corresponding, for each of the categories of petroleum products listed in Article 3, to at least 65 days' average daily internal consumption in the preceding calendar year.  That part of internal consumption met by derivatives of petroleum produced indigenously by the Member State concerned may be deducted up to a maximum of 15 % of the said consumption.  Bunker supplies for sea-going vessels shall not be included in the calculation of internal consumption.   Article 2 Without prejudice to Article 1, Member States may exempt undertakings from the obligation to maintain stops in respect of an amount not exceeding the quantity of products which those undertakings manufacture from indigenously produced crude oil.   Article 3 The following categories of product shall be taken into account in calculating internal consumption:    - motor spirit and aviation fuel (aviation spirit and jet-fuel of the gasoline type);       - gas oil, diesel oil, kerosine and jet-fuel of the kerosine type;       - fuel oils.          Article 4 Member States shall submit to the Commission a statistical summary showing stocks existing at the end of each quarter, drawn up in accordance with Articles 5 and 6 and specifying the number of days of average consumption in the preceding calendar year which those stocks represent. This summary must be submitted within ninety days of the end of the quarter.   Article 5 In the statistical summary of stocks provided for in Article 4, finished products shall be accounted for  1OJ No 20, 6.2.1965, p. 330/65.   according to their actual tonnage ; crude oil and intermediate products shall be accounted for:    - on the proportions of the quantities for each category of product obtained during the preceding calendar year from the refineries of the State concerned ; or       - on the basis of the production programmes of the refineries of the State concerned for the current year ; or       - on the basis of the ratio between the total quantity manufactured during the preceding calendar year in the State concerned of products covered by the obligation to maintain stocks and the total amount of crude oil used during that year ; the foregoing shall apply to not more than 10 % of the total obligation for the first and second categories (petrol and gas oils), and to not more than 50 % for the third category (fuel oils):         Blending components, when intended for processing into the finished products listed in Article 3, may be substituted for the products for which they are intended.   Article 6 1. When calculating the level of minimum stocks provided for in Article 1, only those quantities which would be fully at the disposal of a Member State should difficulties arise in obtaining oil supplies shall be included in the statistical summary.  Subject to the provisions of paragraph 2, those stocks must be located within the territory of the State concerned.  2. For the purposes of implementing this Directive, stocks may be established, under individual agreements between Governments, within the territory of a Member State for the account of undertakings established in another Member State.  In such cases, the Member State in whose territory the stocks are held may not oppose their transfer to the other Member States ; it shall as far as possible keep a check on such stocks but shall not include them in its statistical summary. The Member State on whose behalf the stocks are held may include them in its statistical summary.  Drafts of the agreements mentioned in the first subparagraph shall be sent to the Commission, which may make its comments known to the Governments concerned. The agreements, once concluded, shall be notified to the Commission, which shall make them known to the other Member States.  Agreements shall satisfy the following conditions:    - they must relate to crude oil and to all petroleum products covered by this Directive;       - they must specify the procedures for checking and identifying the stocks provided for;       - they must as a general rule be concluded for an unlimited period;       - they must state that, where provision is made for unilateral termination, the latter shall not operate in the event of a supply crisis and that, in any event, the Commission shall receive prior information of any termination.         3. Subject to the provisions of paragraph 1, the following may be included in the stocks:    - supplies on board oil tankers in port for the purpose of discharging, once the port formalities have been completed;       - supplies held in ports of discharge;       - supplies held in tanks at the entry to oil pipelines;       - supplies held in refinery tanks, excluding those supplies in pipes and refining plant;       - supplies held in storage by refineries and by importing, storage or wholesale distribution firms;       - supplies held in storage by large-scale consumers in compliance with the provisions of national law concerning the obligation to maintain permanent stocks;       - supplies held in barges and coasting-vessels engaging in transport within national frontiers, in so far as it is possible for the competent authorities to keep a check on such supplies and provided that the supplies could be made available immediately;         Consequently the following shall, in particular, be excluded from the statistical summary : indigenous crude oil not yet extracted ; supplies intended for the bunkers of sea-going vessels ; supplies in direct transit apart from the stocks referred to in paragraph 2 ; supplies in pipelines, in road tankers and rail tankwagons, in the storage tanks of distributing stations, and those held by small consumers. Quantities held by the armed forces and those held for them by the oil companies shall also be excluded from the statistical summary.   Article 7 If difficulties arise with regard to Community oil supplies, the Commission shall, at the request of any Member State or on its own initiative, arrange a consultation between the Member States.  Save in cases of particular urgency or in order to meet minor local needs, Member States shall refrain, prior to the consultation provided for above, from drawing on their stocks to any extent which would reduce those stocks to below the compulsory minimum level.   Member States shall inform the Commission of any withdrawals from their reserve stocks and shall communicate as soon as possible:    - the date upon which stocks fell below the compulsory minimum;       - the reasons for such withdrawals;       - the measures, if any, taken to replenish stocks;       - an appraisal, if possible, of the probable development of the situation with regard to the stocks while they remain below the compulsory minimum.          Article 8 The establishment of stocks as required by this Directive shall be offered as soon as possible after notification thereof and not later than 1 January 1971.  Member States shall inform the Commission of measures taken to this effect.   Article 9 This Directive is addressed to the Member States.     Done at Brussels, 20 December 1968.  For the Council  The President  V. LATTANZIO


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31997L0036

Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities

Official Journal L 202 , 30/07/1997 P. 0060 - 0070

DIRECTIVE 97/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activitiesTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 57 (2) and 66 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 laid down in Article 189b of the Treaty (3) in the light of the joint text approved by the Conciliation Committee on 16 April 1997,(1) Whereas Council Directive 89/552/EEC (4) constitutes the legal framework for television broadcasting in the internal market;(2) Whereas Article 26 of Directive 89/552/EEC states that the Commission shall, not later than the end of the fifth year after the date of adoption of the Directive, submit to the European Parliament, the Council and the Economic and Social Committee a report on the application of the Directive and, if necessary, make further proposals to adapt it to developments in the field of television broadcasting;(3) Whereas the application of Directive 89/552/EEC and the report on its application have revealed the need to clarify certain definitions or obligations on Member States under this Directive;(4) Whereas the Commission, in its communication of 19 July 1994 entitled 'Europe's way to the information society: an action plan`, underlined the importance of a regulatory framework applying to the content of audiovisual services which would help to safeguard the free movement of such services in the Community and be responsive to the opportunities for growth in this sector opened up by new technologies, while at the same time taking into account the specific nature, in particular the cultural and sociological impact, of audiovisual programmes, whatever their mode of transmission;(5) Whereas the Council welcomed this action plan at its meeting of 28 September 1994 and stressed the need to improve the competitiveness of the European audiovisual industry;(6) Whereas the Commission has submitted a Green Paper on the Protection of Minors and Human Dignity in audiovisual and information services and has undertaken to submit a Green Paper focusing on developing the cultural aspects of these new services;(7) Whereas any legislative framework concerning new audiovisual services must be compatible with the primary objective of this Directive which is to create the legal framework for the free movement of services;(8) Whereas it is essential that the Member States should take action with regard to services comparable to television broadcasting in order to prevent any breach of the fundamental principles which must govern information and the emergence of wide disparities as regards free movement and competition;(9) Whereas the Heads of State and Government meeting at the European Council in Essen on 9 and 10 December 1994 called on the Commission to present a proposal for a revision of Directive 89/552/EEC before their next meeting;(10) Whereas the application of Directive 89/552/EEC has revealed the need to clarify the concept of jurisdiction as applied specifically to the audiovisual sector; whereas, in view of the case law of the Court of Justice of the European Communities, the establishment criterion should be made the principal criterion determining the jurisdiction of a particular Member State;(11) Whereas the concept of establishment, according to the criteria laid down by the Court of Justice in its judgment of 25 July 1991 in the Factortame case (5), involves the actual pursuit of an economic activity through a fixed establishment for an indefinite period;(12) Whereas the establishment of a television broadcasting organization may be determined by a series of practical criteria such as the location of the head office of the provider of services, the place where decisions on programming policy are usually taken, the place where the programme to be broadcast to the public is finally mixed and processed, and the place where a significant proportion of the workforce required for the pursuit of the television broadcasting activity is located;(13) Whereas the fixing of a series of practical criteria is designed to determine by an exhaustive procedure that one Member State and one only has jurisdiction over a broadcaster in connection with the provision of the services which this Directive addresses; nevertheless, taking into account the case law of the Court of Justice and so as to avoid cases where there is a vacuum of jurisdiction it is appropriate to refer to the criterion of establishment within the meaning of Articles 52 and following of the Treaty establishing the European Community as the final criterion determining the jurisdiction of a Member State;(14) Whereas the Court of Justice has constantly held (6) that a Member State retains the right to take measures against a television broadcasting organization that is established in another Member State but directs all or most of its activity to the territory of the first Member State if the choice of establishment was made with a view to evading the legislation that would have applied to the organization had it been established on the territory of the first Member State;(15) Whereas Article F (2) of the Treaty on European Union stipulates that the Union shall respect fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms as general principles of Community law; whereas any measure aimed at restricting the reception and/or suspending the retransmission of television broadcasts taken under Article 2a of Directive 89/552/EEC as amended by this Directive must be compatible with such principles;(16) Whereas it is necessary to ensure the effective application of the provisions of Directive 89/552/EEC as amended by this Directive throughout the Community in order to preserve free and fair competition between firms in the same industry;(17) Whereas directly affected third parties, including nationals of other Member States, must be able to assert their rights, according to national law, before competent judicial or other authorities of the Member State with jurisdiction over the television broadcasting organization that may be failing to comply with the national provisions arising out of the application of Directive 89/552/EEC as amended by this Directive;(18) Whereas it is essential that Member States should be able to take measures to protect the right to information and to ensure wide access by the public to television coverage of national or non-national events of major importance for society, such as the Olympic games, the football World Cup and European football championship; whereas to this end Member States retain the right to take measures compatible with Community law aimed at regulating the exercise by broadcasters under their jurisdiction of exclusive broadcasting rights to such events;(19) Whereas it is necessary to make arrangements within a Community framework, in order to avoid potential legal uncertainty and market distortions and to reconcile free circulation of television services with the need to prevent the possibility of circumvention of national measures protecting a legitimate general interest;(20) Whereas, in particular, it is appropriate to lay down in this Directive provisions concerning the exercise by broadcasters of exclusive broadcasting rights that they may have purchased to events considered to be of major importance for society in a Member State other than that having jurisdiction over the broadcasters, and whereas, in order to avoid speculative rights purchases with a view to circumvention of national measures, it is necessary to apply these provisions to contracts entered into after the publication of this Directive and concerning events which take place after the date of implementation, and whereas, when contracts that predate the publication of this Directive are renewed, they are considered to be new contracts;(21) Whereas events of major importance for society should, for the purposes of this Directive, meet certain criteria, that is to say be outstanding events which are of interest to the general public in the European Union or in a given Member State or in an important component part of a given Member State and are organized in advance by an event organizer who is legally entitled to sell the rights pertaining to that event;(22) Whereas, for the purposes of this Directive, 'free television` means broadcasting on a channel, either public or commercial, of programmes which are accessible to the public without payment in addition to the modes of funding of broadcasting that are widely prevailing in each Member State (such as licence fee and/or the basic tier subscription fee to a cable network);(23) Whereas Member States are free to take whatever measures they deem appropriate with regard to broadcasts which come from third countries and which do not satisfy the conditions laid down in Article 2 of Directive 89/552/EEC as amended by this Directive, provided they comply with Community law and the international obligations of the Community;(24) Whereas in order to eliminate the obstacles arising from differences in national legislation on the promotion of European works, Directive 89/552/EEC as amended by this Directive contains provisions aimed at harmonizing such legislation; whereas those provisions which, in general, seek to liberalize trade must contain clauses harmonizing the conditions of competition;(25) Whereas, moreover, Article 128 (4) of the Treaty establishing the European Community requires the Community to take cultural aspects into account in its action under other provisions of the Treaty;(26) Whereas the Green Paper on 'Strategy options to strengthen the European programme industry in the context of the audiovisual policy of the European Union`, adopted by the Commission on 7 April 1994, puts forward inter alia measures to promote European works in order to further the development of the sector; whereas the Media II programme, which seeks to promote training, development and distribution in the audiovisual sector, is also designed to enable the production of European works to be developed; whereas the Commission has proposed that production of European works should also be promoted by a Community mechanism such as a Guarantee Fund;(27) Whereas broadcasting organizations, programme makers, producers, authors and other experts should be encouraged to develop more detailed concepts and strategies aimed at developing European audiovisual fiction films that are addressed to an international audience;(28) Whereas, in addition to the considerations cited above, it is necessary to create conditions for improving the competitiveness of the programme industry; whereas the communications on the application of Articles 4 and 5 of Directive 89/552/EEC, adopted by the Commission on 3 March 1994 and 15 July 1996 pursuant to Article 4 (3) of that Directive, draw the conclusion that measures to promote European works can contribute to such an improvement but that they need to take account of developments in the field of television broadcasting;(29) Whereas channels broadcasting entirely in a language other than those of the Member States should not be covered by the provisions of Articles 4 and 5; whereas, nevertheless, where such a language or languages represent a substantial part but not all of the channel's transmission time, the provisions of Articles 4 and 5 should not apply to that part of transmission time;(30) Whereas the proportions of European works must be achieved taking economic realities into account; whereas, therefore, a progressive system for achieving this objective is required;(31) Whereas, with a view to promoting the production of European works, it is essential that the Community, taking into account the audiovisual capacity of each Member State and the need to protect lesser used languages of the European Union, should promote independent producers; whereas Member States, in defining the notion of 'independent producer`, should take appropriate account of criteria such as the ownership of the production company, the amount of programmes supplied to the same broadcaster and the ownership of secondary rights;(32) Whereas the question of specific time scales for each type of television showing of cinematographic works is primarily a matter to be settled by means of agreements between the interested parties or professionals concerned;(33) Whereas advertising for medicinal products for human use is subject to the provisions of Directive 92/28/EEC (7);(34) Whereas daily transmission time allotted to announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from these, or to public service announcements and charity appeals broadcast free of charge, is not to be included in the maximum amounts of daily or hourly transmission time that may be allotted to advertising and teleshopping;(35) Whereas, in order to avoid distortions of competition, this derogation is limited to announcements concerning products that fulfil the dual condition of being both ancillary to and directly derived from the programmes concerned; whereas the term ancillary refers to products intended specifically to allow the viewing public to benefit fully from or to interact with these programmes;(36) Whereas in view of the development of teleshopping, an economically important activity for operators as a whole and a genuine outlet for goods and services within the Community, it is essential to modify the rules on transmission time and to ensure a high level of consumer protection by putting in place appropriate standards regulating the form and content of such broadcasts;(37) Whereas it is important for the competent national authorities, in monitoring the implementation of the relevant provisions, to be able to distinguish, as regards channels not exclusively devoted to teleshopping, between transmission time devoted to teleshopping spots, advertising spots and other forms of advertising on the one hand and, on the other, transmission time devoted to teleshopping windows; whereas it is therefore necessary and sufficient that each window be clearly identified by optical and acoustic means at least at the beginning and the end of the window;(38) Whereas Directive 89/552/EEC as amended by this Directive applies to channels exclusively devoted to teleshopping or self-promotion, without conventional programme elements such as news, sports, films, documentaries and drama, solely for the purposes of these Directives and without prejudice to the inclusion of such channels in the scope of other Community instruments;(39) Whereas it is necessary to make clear that self-promotional activities are a particular form of advertising in which the broadcaster promotes its own products, services, programmes or channels; whereas, in particular, trailers consisting of extracts from programmes should be treated as programmes; whereas self-promotion is a new and relatively unknown phenomenon and provisions concerning it may therefore be particularly subject to review in future examinations of this Directive;(40) Whereas it is necessary to clarify the rules for the protection of the physical, mental and moral development of minors; whereas the establishment of a clear distinction between programmes that are subject to an absolute ban and those that may be authorized subject to the use of appropriate technical means should satisfy concern about the public interest expressed by Member States and the Community;(41) Whereas none of the provisions of this Directive that concern the protection of minors and public order requires that the measures in question must necessarily be implemented through the prior control of television broadcasts;(42) Whereas an investigation by the Commission, in liaison with the competent Member State authorities, of the possible advantages and drawbacks of further measures to facilitate the control exercised by parents or guardians over the programmes that minors may watch shall consider, inter alia, the desirability of:- the requirement for new television sets to be equipped with a technical device enabling parents or guardians to filter out certain programmes,- the setting up of appropriate rating systems,- encouraging family viewing policies and other educational and awareness measures,- taking into account experience gained in this field in Europe and elsewhere as well as the views of interested parties such as broadcasters, producers, educationalists, media specialists and relevant associations,with a view to presenting, if necessary before the deadline laid down in Article 26, appropriate proposals for legislative or other measures;(43) Whereas it is appropriate to amend Directive 89/552/EEC to allow natural or legal persons whose activities include the manufacture or the sale of medicinal products and medical treatment available only on prescription to sponsor television programmes, provided that such sponsorship does not circumvent the prohibition of television advertising for medicinal products and medical treatment available only on prescription;(44) Whereas the approach in Directive 89/552/EEC and this Directive has been adopted to achieve the essential harmonization necessary and sufficient to ensure the free movement of television broadcasts in the Community; whereas Member States remain free to apply to broadcasters under their jurisdiction more detailed or stricter rules in the fields coordinated by this Directive, including, inter alia, rules concerning the achievement of language policy goals, protection of the public interest in terms of television's role as a provider of information, education, culture and entertainment, the need to safeguard pluralism in the information industry and the media, and the protection of competition with a view to avoiding the abuse of dominant positions and/or the establishment or strengthening of dominant positions by mergers, agreements, acquisitions or similar initiatives; whereas such rules must be compatible with Community law;(45) Whereas the objective of supporting audiovisual production in Europe can be pursued within the Member States in the framework of the organization of their broadcasting services, inter alia, through the definition of a public interest mission for certain broadcasting organizations, including the obligation to contribute substantially to investment in European production;(46) Whereas Article B of the Treaty on European Union states that one of the objectives the Union shall set itself is to maintain in full the 'acquis communautaire`,HAVE ADOPTED THIS DIRECTIVE:Article 1 Directive 89/552/EEC is hereby amended as follows:1. in Article 1:(a) the following new point (b) shall be inserted:'(b) "broadcaster" means the natural or legal person who has editorial responsibility for the composition of schedules of television programmes within the meaning of (a) and who transmits them or has them transmitted by third parties;`(b) the former point (b) shall become point (c) and shall read as follows:'(c) "television advertising" means any form of announcement broadcast whether in return for payment or for similar consideration or broadcast for self-promotional purposes by a public or private undertaking in connection with a trade, business, craft or profession in order to promote the supply of goods or services, including immovable property, rights and obligations, in return for payment;`(c) the former points (c) and (d) shall become points (d) and (e);(d) the following point shall be added:'(f) "teleshopping" means direct offers broadcast to the public with a view to the supply of goods or services, including immovable property, rights and obligations, in return for payment.`;2. Article 2 shall be replaced by the following:'Article 21. Each Member State shall ensure that all television broadcasts transmitted by broadcasters under its jurisdiction comply with the rules of the system of law applicable to broadcasts intended for the public in that Member State.2. For the purposes of this Directive the broadcasters under the jurisdiction of a Member State are:- those established in that Member State in accordance with paragraph 3;- those to whom paragraph 4 applies.3. For the purposes of this Directive, a broadcaster shall be deemed to be established in a Member State in the following cases:(a) the broadcaster has its head office in that Member State and the editorial decisions about programme schedules are taken in that Member State;(b) if a broadcaster has its head office in one Member State but editorial decisions on programme schedules are taken in another Member State, it shall be deemed to be established in the Member State where a significant part of the workforce involved in the pursuit of the television broadcasting activity operates; if a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in each of those Member States, the broadcaster shall be deemed to be established in the Member State where it has its head office; if a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in neither of those Member States, the broadcaster shall be deemed to be established in the Member State where it first began broadcasting in accordance with the system of law of that Member State, provided that it maintains a stable and effective link with the economy of that Member State;(c) if a broadcaster has its head office in a Member State but decisions on programme schedules are taken in a third country, or vice-versa, it shall be deemed to be established in the Member State concerned, provided that a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in that Member State.4. Broadcasters to whom the provisions of paragraph 3 are not applicable shall be deemed to be under the jurisdiction of a Member State in the following cases:(a) they use a frequency granted by that Member State;(b) although they do not use a frequency granted by a Member State they do use a satellite capacity appertaining to that Member State;(c) although they use neither a frequency granted by a Member State nor a satellite capacity appertaining to a Member State they do use a satellite up-link situated in that Member State.5. If the question as to which Member State has jurisdiction cannot be determined in accordance with paragraphs 3 and 4, the competent Member State shall be that in which the broadcaster is established within the meaning of Articles 52 and following of the Treaty establishing the European Community.6. This Directive shall not apply to broadcasts intended exclusively for reception in third countries, and which are not received directly or indirectly by the public in one or more Member States.`;3. the following Article shall be inserted:'Article 2a1. Member States shall ensure freedom of reception and shall not restrict retransmissions on their territory of television broadcasts from other Member States for reasons which fall within the fields coordinated by this Directive.2. Member States may, provisionally, derogate from paragraph 1 if the following conditions are fulfilled:(a) a television broadcast coming from another Member State manifestly, seriously and gravely infringes Article 22 (1) or (2) and/or Article 22a;(b) during the previous 12 months, the broadcaster has infringed the provision(s) referred to in (a) on at least two prior occasions;(c) the Member State concerned has notified the broadcaster and the Commission in writing of the alleged infringements and of the measures it intends to take should any such infringement occur again;(d) consultations with the transmitting Member State and the Commission have not produced an amicable settlement within 15 days of the notification provided for in (c), and the alleged infringement persists.The Commission shall, within two months following notification of the measures taken by the Member State, take a decision on whether the measures are compatible with Community law. If it decides that they are not, the Member State will be required to put an end to the measures in question as a matter of urgency.3. Paragraph 2 shall be without prejudice to the application of any procedure, remedy or sanction to the infringements in question in the Member State which has jurisdiction over the broadcaster concerned.`;4. Article 3 shall be replaced by the following:'Article 31. Member States shall remain free to require television broadcasters under their jurisdiction to comply with more detailed or stricter rules in the areas covered by this Directive.2. Member States shall, by appropriate means, ensure, within the framework of their legislation, that television broadcasters under their jurisdiction effectively comply with the provisions of this Directive.3. The measures shall include the appropriate procedures for third parties directly affected, including nationals of other Member States, to apply to the competent judicial or other authorities to seek effective compliance according to national provisions.Article 3a1. Each Member State may take measures in accordance with Community law to ensure that broadcasters under its jurisdiction do not broadcast on an exclusive basis events which are regarded by that Member State as being of major importance for society in such a way as to deprive a substantial proportion of the public in that Member State of the possibility of following such events via live coverage or deferred coverage on free television. If it does so, the Member State concerned shall draw up a list of designated events, national or non-national, which it considers to be of major importance for society. It shall do so in a clear and transparent manner in due and effective time. In so doing the Member State concerned shall also determine whether these events should be available via whole or partial live coverage, or where necessary or appropriate for objective reasons in the public interest, whole or partial deferred coverage.2. Member States shall immediately notify to the Commission any measures taken or to be taken pursuant to paragraph 1. Within a period of three months from the notification, the Commission shall verify that such measures are compatible with Community law and communicate them to the other Member States. It shall seek the opinion of the Committee established pursuant to Article 23a. It shall forthwith publish the measures taken in the Official Journal of the European Communities and at least once a year the consolidated list of the measures taken by Member States.3. Member States shall ensure, by appropriate means, within the framework of their legislation that broadcasters under their jurisdiction do not exercise the exclusive rights purchased by those broadcasters following the date of publication of this Directive in such a way that a substantial proportion of the public in another Member State is deprived of the possibility of following events which are designated by that other Member State in accordance with the preceding paragraphs via whole or partial live coverage or, where necessary or appropriate for objective reasons in the public interest, whole or partial deferred coverage on free television as determined by that other Member State in accordance with paragraph 1.`;5. in Article 4 (1), the words 'and teletext services` shall be replaced by the words 'teletext services and teleshopping`;6. in Article 5, the words 'and teletext services` shall be replaced by the words 'teletext services and teleshopping`;7. Article 6 shall be amended as follows:(a) paragraph 1 (a) shall be replaced by the following:'(a) works originating from Member States;`(b) in paragraph 1, the following subparagraph shall be added:'Application of the provisions of (b) and (c) shall be conditional on works originating from Member States not being the subject of discriminatory measures in the third countries concerned.`;(c) paragraph 3 shall be replaced by the following:'3. The works referred to in paragraph 1 (c) are works made exclusively or in co-production with producers established in one or more Member States by producers established in one or more European third countries with which the Community has concluded agreements relating to the audiovisual sector, if those works are mainly made with authors and workers residing in one or more European States.`;(d) paragraph 4 shall become paragraph 5 and the following paragraph shall be inserted:'4. Works that are not European works within the meaning of paragraph 1 but that are produced within the framework of bilateral co-production treaties concluded between Member States and third countries shall be deemed to be European works provided that the Community co-producers supply a majority share of the total cost of the production and that the production is not controlled by one or more producers established outside the territory of the Member States.`;(e) in the new paragraph 5, the words 'paragraph 1` shall be replaced by the words 'paragraphs 1 and 4`;8. Article 7 shall be replaced by the following:'Article 7Member States shall ensure that broadcasters under their jurisdiction do not broadcast cinematographic works outside periods agreed with the rights holders.`;9. Article 8 shall be deleted;10. Article 9 shall be replaced by the following:'Article 9This Chapter shall not apply to television broadcasts that are intended for local audiences and do not form part of a national network.`;11. the title of Chapter IV shall be replaced by the following:'Television advertising, sponsorship and teleshopping`.12. Article 10 shall be replaced by the following:'Article 101. Television advertising and teleshopping shall be readily recognizable as such and kept quite separate from other parts of the programme service by optical and/or acoustic means.2. Isolated advertising and teleshopping spots shall remain the exception.3. Advertising and teleshopping shall not use subliminal techniques.4. Surreptitious advertising and teleshopping shall be prohibited.`;13. Article 11 shall be replaced by the following:'Article 111. Advertising and teleshopping spots shall be inserted between programmes. Provided the conditions set out in paragraphs 2 to 5 are fulfilled, advertising and teleshopping spots may also be inserted during programmes in such a way that the integrity and value of the programme, taking into account natural breaks in and the duration and nature of the programme, and the rights of the rights holders are not prejudiced.2. In programmes consisting of autonomous parts, or in sports programmes and similarly structured events and performances containing intervals, advertising and teleshopping spots shall only be inserted between the parts or in the intervals.3. The transmission of audiovisual works such as feature films and films made for television (excluding series, serials, light entertainment programmes and documentaries), provided their scheduled duration is more than 45 minutes, may be interrupted once for each period of 45 minutes. A further interruption shall be allowed if their scheduled duration is at least 20 minutes longer than two or more complete periods of 45 minutes.4. Where programmes, other than those covered by paragraph 2, are interrupted by advertising or teleshopping spots, a period of at least 20 minutes should elapse between each successive advertising break within the programme.5. Advertising and teleshopping shall not be inserted in any broadcast of a religious service. News and current affairs programmes, documentaries, religious programmes and children's programmes, when their scheduled duration is less than 30 minutes, shall not be interrupted by advertising or by teleshopping. If their scheduled duration is 30 minutes or longer, the provisions of the previous paragraphs shall apply.`;14. in Article 12, the introductory words shall be replaced by the following:'Television advertising and teleshopping shall not:`;15. Article 13 shall be replaced by the following:'Article 13All forms of television advertising and teleshopping for cigarettes and other tobacco products shall be prohibited.`;16. in Article 14, the present text shall become paragraph 1 and the following paragraph shall be added:'2. Teleshopping for medicinal products which are subject to a marketing authorization within the meaning of Council Directive 65/65/EEC of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products (*), as well as teleshopping for medical treatment, shall be prohibited.(*) OJ No 22, 9. 2. 1965, p. 369. Directive as last amended by Directive 93/39/EEC (OJ No L 214, 24. 8. 1993, p. 22).`;17. in Article 15, the introductory words shall be replaced by the following:'Television advertising and teleshopping for alcoholic beverages shall comply with the following criteria:`;18. in Article 16, the present text shall become paragraph 1 and the following paragraph shall be added:'2. Teleshopping shall comply with the requirements referred to in paragraph 1 and, in addition, shall not exhort minors to contract for the sale or rental of goods and services.`;19. Article 17 shall be amended as follows:(a) paragraph 2 shall be replaced by the following:'2. Television programmes may not be sponsored by undertakings whose principal activity is the manufacture or sale of cigarettes and other tobacco products.`;(b) paragraph 3 shall become paragraph 4 and the following paragraph shall be inserted:'3. Sponsorship of television programmes by undertakings whose activities include the manufacture or sale of medicinal products and medical treatment may promote the name or the image of the undertaking but may not promote specific medicinal products or medical treatments available only on prescription in the Member State within whose jurisdiction the broadcaster falls.`;20. Article 18 shall be replaced by the following:'Article 181. The proportion of transmission time devoted to teleshopping spots, advertising spots and other forms of advertising, with the exception of teleshopping windows within the meaning of Article 18a, shall not exceed 20 % of the daily transmission time. The transmission time for advertising spots shall not exceed 15 % of the daily transmission time.2. The proportion of advertising spots and teleshopping spots within a given clock hour shall not exceed 20 %.3. For the purposes of this Article, advertising does not include:- announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes;- public service announcements and charity appeals broadcast free of charge.`;21. the following Article shall be inserted:'Article 18a1. Windows devoted to teleshopping broadcast by a channel not exclusively devoted to teleshopping shall be of a minimum uninterrupted duration of 15 minutes.2. The maximum number of windows per day shall be eight. Their overall duration shall not exceed three hours per day. They must be clearly identified as teleshopping windows by optical and acoustic means.`;22. Article 19 shall be replaced by the following:'Article 19Chapters I, II, IV, V, VI, VIa and VII shall apply mutatis mutandis to channels exclusively devoted to teleshopping. Advertising on such channels shall be allowed within the daily limits established by Article 18 (1). Article 18 (2) shall not apply.`;23. the following Article shall be inserted:'Article 19aChapters I, II, IV, V, VI, VIa and VII shall apply mutatis mutandis to channels exclusively devoted to self-promotion. Other forms of advertising on such channels shall be allowed within the limits established by Article 18 (1) and (2). This provision in particular shall be subject to review in accordance with Article 26.`;24. Article 20 shall be replaced by the following:'Article 20Without prejudice to Article 3, Member States may, with due regard for Community law, lay down conditions other than those laid down in Article 11 (2) to (5) and Articles 18 and 18a in respect of broadcasts intended solely for the national territory which cannot be received, directly or indirectly by the public, in one or more other Member States.`;25. Article 21 shall be deleted.26. the title of Chapter V shall be replaced by the following:'Protection of minors and public order`;27. Article 22 shall be replaced by the following:'Article 221. Member States shall take appropriate measures to ensure that television broadcasts by broadcasters under their jurisdiction do not include any programmes which might seriously impair the physical, mental or moral development of minors, in particular programmes that involve pornography or gratuitous violence.2. The measures provided for in paragraph 1 shall also extend to other programmes which are likely to impair the physical, mental or moral development of minors, except where it is ensured, by selecting the time of the broadcast or by any technical measure, that minors in the area of transmission will not normally hear or see such broadcasts.3. Furthermore, when such programmes are broadcast in unencoded form Member States shall ensure that they are preceded by an acoustic warning or are identified by the presence of a visual symbol throughout their duration.`;28. the following Article shall be inserted:'Article 22aMember States shall ensure that broadcasts do not contain any incitement to hatred on grounds of race, sex, religion or nationality.`;29. the following Article shall be inserted:'Article 22b1. The Commission shall attach particular importance to application of this Chapter in the report provided for in Article 26.2. The Commission shall within one year from the date of publication of this Directive, in liaison with the competent Member State authorities, carry out an investigation of the possible advantages and drawbacks of further measures with a view to facilitating the control exercised by parents or guardians over the programmes that minors may watch. This study shall consider, inter alia, the desirability of:- the requirement for new television sets to be equipped with a technical device enabling parents or guardians to filter out certain programmes;- the setting up of appropriate rating systems,- encouraging family viewing policies and other educational and awareness measures,- taking into account experience gained in this field in Europe and elsewhere as well as the views of interested parties such as broadcasters, producers, educationalists, media specialists and relevant associations.`;30. Article 23 (1) shall be replaced by the following:'1. Without prejudice to other provisions adopted by the Member States under civil, administrative or criminal law, any natural or legal person, regardless of nationality, whose legitimate interests, in particular reputation and good name, have been damaged by an assertion of incorrect facts in a television programme must have a right of reply or equivalent remedies. Member States shall ensure that the actual exercise of the right of reply or equivalent remedies is not hindered by the imposition of unreasonable terms or conditions. The reply shall be transmitted within a reasonable time subsequent to the request being substantiated and at a time and in a manner appropriate to the broadcast to which the request refers.`;31. after Article 23, the following new Chapter VIa shall be inserted:'CHAPTER VIaContact committeeArticle 23a1. A contact committee shall be set up under the aegis of the Commission. It shall be composed of representatives of the competent authorities of the Member States. It shall be chaired by a representative of the Commission and meet either on his initiative or at the request of the delegation of a Member State.2. The tasks of this committee shall be:(a) to facilitate effective implementation of this Directive through regular consultation on any practical problems arising from its application, and particularly from the application of Article 2, as well as on any other matters on which exchanges of views are deemed useful;(b) to deliver own-initiative opinions or opinions requested by the Commission on the application by the Member States of the provisions of this Directive;(c) to be the forum for an exchange of views on what matters should be dealt with in the reports which Member States must submit pursuant to Article 4 (3), on the methodology of these, on the terms of reference for the independent study referred to in Article 25a, on the evaluation of tenders for this and on the study itself;(d) to discuss the outcome of regular consultations which the Commission holds with representatives of broadcasting organizations, producers, consumers, manufacturers, service providers and trade unions and the creative community;(e) to facilitate the exchange of information between the Member States and the Commission on the situation and the development of regulatory activities regarding television broadcasting services, taking account of the Community's audiovisual policy, as well as relevant developments in the technical field;(f) to examine any development arising in the sector on which an exchange of views appears useful.`;32. the following Article shall be inserted:'Article 25aA further review as provided for in Article 4 (4) shall take place before 30 June 2002. It shall take account of an independent study on the impact of the measures in question at both Community and national level.`;33. Article 26 shall be replaced by the following:'Article 26Not later than 31 December 2000, and every two years thereafter, the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee a report on the application of this Directive as amended and, if necessary, make further proposals to adapt it to developments in the field of television broadcasting, in particular in the light of recent technological developments.`Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1998. They shall immediately 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 reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.Article 3 This Directive shall enter into force on the date of its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Luxembourg, 30 June 1997.For the ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentA. NUIS(1) OJ No C 185, 19. 7. 1995, p. 4 andOJ No C 221, 30. 7. 1996, p. 10.(2) OJ No C 301, 13. 11. 1995, p. 35.(3) Opinion of the European Parliament of 14 February 1996 (OJ No C 65, 4. 3. 1996, p.113). Council Common Position of 18 July 1996 (OJ No C 264, 11. 9. 1996, p. 52) and Decision of the European Parliament of 12 November 1996 (OJ No C 362, 2. 12. 1996, p. 56). Decision of the European Parliament of 10 June 1997 and Decision of the Council of 19 June 1997.(4) OJ No L 298, 17. 10. 1989, p. 23. Directive as amended by the 1994 Act of Accession.(5) Case C-221/89, Queen v. Secretary of State for Transport, ex parte Factortame Ltd. and Others, (1991) ECR I-3905, paragraph 20.(6) See, in particular, the judgments in Case 33/74, Van Binsbergen v. Bestuur van de Bedrijfsvereniging, (1974) ECR 1299 and in Case C-23/93, TV 10 SA v. Commissariaat voor de Media, (1994) ECR I-4795.(7) OJ No L 113, 30. 4. 1992, p. 13.COMMISSION DECLARATION Article 23a (1)(Contact Committee)The Commission undertakes, at its own responsibility, to inform the European Parliament's competent committee of the outcome of the meetings of the Contact Committee. It will provide that information in good time and in an appropriate manner.


Avis juridique important

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31985L0010

Council Directive 85/10/EEC of 18 December 1984 amending Directive 75/106/EEC on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids

Official Journal L 004 , 05/01/1985 P. 0020 - 0021 Finnish special edition: Chapter 15 Volume 6 P. 0211  Spanish special edition: Chapter 13 Volume 18 P. 0158  Swedish special edition: Chapter 15 Volume 6 P. 0211  Portuguese special edition Chapter 13 Volume 18 P. 0158

*****COUNCIL  DIRECTIVE  of 18 December 1984  amending Directive 75/106/EEC on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids  (85/10/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas total harmonization of the ranges of nominal volumes for products in the wine sector now appears necessary for all the products concerned since the adoption of Council Directive 75/106/EEC (4), as amended by Directive 79/1005/EEC (5);  Whereas the deadline laid down in Directive 75/106/EEC for the use of certain volumes does not leave some Member States sufficient time to dispose of returnable bottles still in circulation on their markets; whereas the premature replacement of non-standard bottles would have serious economic consequences; whereas the States concerned should therefore be permitted to authorize the use of the volumes in question on their markets for a limited period;  Whereas since the adoption of Directive 75/106/EEC, the trend in consumption habits has shown that it is necessary to add large volumes to the range of capacities for still wines;  Whereas Directive 75/106/EEC should be amended accordingly,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Article 5 of Directive 75/106/EEC is hereby replaced by the following:  'Article 5  1. Member States may not refuse, prohibit or restrict the placing on the market of prepackages which satisfy the requirements of this Directive on grounds related to the determination of their volumes, the methods by which they have been checked or the nominal volumes where these are set out in Annex III, column I.  2. Member States which on 31 December 1973 allowed the nominal volumes listed in Annex III, column II, shall continue to allow them up to 31 December 1988, or in the case of the volume 0,73 litre up to 31 December 1985.  3. (a) Prepackages containing the products listed in Annex III, section 1 (a) and (b) may only be marketed after 31 December 1983 if they have the nominal volumes set out in Annex III, columns I and II. The volume 0,73 litre shall be deleted from column II with effect from 1 January 1986.  (b) Prepackages containing the products listed in Annex III, section 1 (a) and (b) may only be marketed after 31 December 1988 if they have the nominal volumes set out in Annex III, column I.  (c) Without prejudice to subparagraph (a) above, the products listed in Annex III (1) (a), when contained in returnable packages, may be marketed in the following volumes:  - 0,24 litre - 0,73 litre - 0,99 litre in France up to 31 December 1988,  - 0,46 litre - 0,64 litre - 0,68 litre in Greece up to 31 December 1988,  - 0,19 litre - 0,36 litre - 0,475 litre - 0,72 litre - 0,95 litre - 1,75 litres - 1,88 litres in Italy up to 31 December 1985.  4. This Directive shall be no impediment to national laws governing on environmental grounds the use of packaging with regard to its recycling.'  Article 2  1. The following figures are added to Annex III, column I (1) (a) of Directive 75/106/EEC: '6, 9 and 10'.  2. The following line is added at the end of the range of volumes in Annex III, column I (1) (a) of Directive 75/106/EEC:  '0,187 (for consumption on board aircraft and ships only)'.  Article 3  Member States shall bring the laws, regulations and administrative provisions needed to comply with this Directive into force within 12 months of its notification (1). They shall forthwith inform the Commission thereof.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 18 December 1984.  For the Council  The President  J. BRUTON  (1) OJ No C 291, 27. 10. 1983, p. 11.  (2) OJ No C 104, 16. 4. 1984, p. 141.  (3) OJ No C 57, 29. 2. 1984, p. 13.  (4) OJ No L 42, 15. 2. 1975, p. 1.  (5) OJ No L 308, 4. 12. 1979, p. 25.  (1) This Directive was notified to the Member States on 20 December 1984


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31989L0676

Council Directive 89/676/EEC of 21 December 1989 amending Directive 75/106/EEC on the approximation of the laws of the member states relating to the making-up by volume of certain prepackaged liquids

Official Journal L 398 , 30/12/1989 P. 0018 - 0018 Finnish special edition: Chapter 15 Volume 9 P. 0145  Swedish special edition: Chapter 15 Volume 9 P. 0145

COUNCIL DIRECTIVEof 21 December 1989amending Directive  75/106/EEC on the approximation of the laws of the Member States relating to the making-up by  volume of certain prepackaged liquids(89/676/EEC)THE COUNCIL OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  100a thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Directive 75/106/EEC (4), as last amended by Directive 88/316/EEC (5), provides for total  harmonization of the range of nominal quantities of certain products in the wine sector; Whereas, in view of developments within the Community in the vatting, bottling and labelling of  wine, it is necessary to modify this range; Whereas, in order to permit the use of returnable bottles of volumes not covered by the said  Directive, it is necessary to include special rules therein, HAS ADOPTED THIS DIRECTIVE: Article 1Directive 75/106/EEC is hereby amended as follows: 1.  the second subparagraph of Article 1 is replaced by the following: 'This Directive shall not apply to prepackages containing the products listed in Annex III: - point 1 (a), which are vatted, bottled and labelled in volumes not exceeding 0,25 litre and are  intended for professional use, - points 2 (a) and 4, which are intended either for consumption on board aircraft, ships and trains  or for sale in duty-free shops.'; 2.  in Article 5 (3): (a)  point (a) is deleted; (b)  the indents in point (c) are replaced by the following: '- 0,68 litre, 0,70 litre and 0,98 litre in Spain, until 31 December 1992, '- 0,46 litre and 0,70 litre in Greece, until 31 December 1992.'; 3.  Annex III, column I (1) (a) is hereby amended as follows: (a)  the following is added: '0,187 (l)-4-8'; (b)  '0,187 (for consumption on board aircraft and ships only)', at the end of the range of  volumes, is deleted. (c)  the following footnote is added: '(1) Value relating only to consumption on board aircraft, ships and trains and to sales in  duty-free shops.'Article 2Member States shall bring into force the laws, regulations and  administrative provisions needed to comply with this Directive on 1 July 1990. They shall forthwith  inform the Commission thereof. Article 3This Directive is addressed to the Member States. Done at Brussels, 21 December 1989. For the CouncilThe PresidentE. CRESSONOJ N° C 291, 20. 11. 1989, p. 44. (1) OJ N° C 31, 7. 2. 1989, p. 6. (2) OJ N° C 158, 26. 6. 1989, p. 215, and (3) OJ N° C 139, 5. 6. 1989, p. 8. (4) OJ N° L 42, 15. 2. 1975, p. 1. (5) OJ N° L 143, 10. 6. 1988, p. 26.


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32001L0008

Commission Directive 2001/8/EC of 8 February 2001 replacing Annex I to Council Directive 92/109/EEC on the manufacture and placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances

Official Journal L 039 , 09/02/2001 P. 0031 - 0032

Commission Directive 2001/8/ECof 8 February 2001replacing Annex I to Council Directive 92/109/EEC on the manufacture and placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substancesTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/109/EEC of 14 December 1992 on the manufacture and placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances(1), as amended by Commission Directive 93/46/EEC(2), and in particular Article 10(3) thereof,Whereas:(1) It is necessary to give effect to the decision taken by the United Nations Commission on Narcotic Drugs in March 2000 to include the substance norephedrine in Table I of the Annex to the 1988 UN Convention.(2) It is necessary to amend Category 1 of the Annex I to the basic Directive to comply with this.(3) Such inclusion will continue the process of aligning the Directive with Council Regulation (EEC) No 3677/90 of 13 December 1990 laying down measures to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances(3), as implemented and last amended by Commission Regulation (EEC) No 3769/92(4).(4) The measures provided for in this Directive are in accordance with the opinion of the Committee set up pursuant to Article 10 of Regulation (EEC) No 3677/90,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 92/109/EEC is replaced by the Annex to this Directive.Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 March 2001 at the latest. They shall forthwith inform the Commission thereof.When adopted by the Member States, those provisions 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 3This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 8 February 2001.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 370, 19.12.1992, p. 76.(2) OJ L 159, 1.7.1993, p. 134.(3) OJ L 357, 20.12.1990, p. 1.(4) OJ L 383, 29.12.1992, p. 17.ANNEX"ANNEX ICATEGORY 1>TABLE>CATEGORY 2>TABLE>CATEGORY 3>TABLE>"