Avis juridique important

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31971L0285

Council Directive 71/285/EEC of 19 July 1971 amending the Directive of 26 June 1964 on animal health problems affecting intra- Community trade in bovine animals and swine

Official Journal L 179 , 09/08/1971 P. 0001 - 0020 Finnish special edition: Chapter 3 Volume 4 P. 0012  Danish special edition: Series I Chapter 1971(II) P. 0582  Swedish special edition: Chapter 3 Volume 4 P. 0012  English special edition: Series I Chapter 1971(II) P. 0649  Spanish special edition: Chapter 03 Volume 5 P. 0067  Portuguese special edition Chapter 03 Volume 5 P. 0067

COUNCIL DIRECTIVE of 19 July 1971 amending the Directive of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (71/285/EEC)    THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 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 Council Directive of 26 June 19641 on animal health problems affecting intra-Community trade in bovine animals and swine entered into force on 30 June 1965 and was amended by the Directives of 25 October 19662 and 13 July 19703;  Whereas the incorporation of those Directives in the laws of each Member State and their application in the Community has shown that their provisions should be adopted in the light of new technical and scientific data and the experience gained;  Whereas, in particular, it is necessary to initiate the harmonisation of animal health measures to be applied in the event of the outbreak of certain diseases ; whereas these measures must in particular provide for the establishment for a specific period of protective areas around holdings affected by such diseases and for prohibiting the removal of animals from such areas save in the case of removal for immediate slaughter;  Whereas in order to be recognised as free, or officially free, from brucellosis as the case may be, animals for breeding or production must have a certain brucella count, recorded after a sero-agglutination test ; whereas as a result of advances in scientific knowledge an additional diagnostic test can be provided for to determine whether these animals are brucellosis-free ; whereas standards should be fixed for administering that test;  Whereas the requirements of the Directive now in force as regards brucellosis and tuberculosis an, if necessary, be relaxed for animals for slaughter, without incurring a health risk;  Whereas that Directive recognises the right of each Member State to prohibit the introduction of bovine animals and swine into its territory from a Member State in which there has been an outbreak of an epizootic disease ; whereas, depending on the nature and character of that epizootic disease, such prohibition must either be restricted to bovine animals and swine coming from part of the territory of the exporting country or may extend to the whole of that territory ; whereas, in the event of the outbreak of contagious or infectious disease on the territory of a Member State, appropriate measures must quickly be taken to combat such disease ; whereas the dangers of such diseases and the protective measures required should be assessed in the same way throughout the Community ; whereas a Community procedure must be instituted for this purpose within the Standing Veterinary Committee set up by the Council Decision of 15 October 19684 under which any measures taken by a Member State may be examined and, where necessary, amended or repealed, in close co-operation between the Member States and the Commission;  1 OJ No 121, 29.7.1964, p. 1977/64. 2 OJ No 192, 27.10.1966, p. 3294/66. 3 OJ No L 157, 18.7.1970, p. 40. 4 OJ No L 255, 18.10.1968, p. 23.   Whereas, so as not to hinder intra-Community trade, the same procedure should be used to assess the health guarantees which Member States would wish to require on importation and which relate to diseases other than those which are compulsorily notifiable under this Directive;  Whereas any alterations required in health certificates by reason of amendments to the Articles and Annexes of the Directive should be made;  HAS ADOPTED THIS DIRECTIVE:     Article 1 The Council Directive of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine, as amended by the Council Directives of 25 October 1966 and 13 July 1970, shall be amended as indicated in the following Articles    Article 2 Subparagraphs (d) and (f) of Article 2 shall be deleted.    Article 3 In Article 3:    1. In the last line of paragraph 1 the words "in paragraph 2 to 6" shall be substituted for the words "in paragraphs 3 to 6".       2. Paragraph 2 shall be amended as follows:      (a) The following new subparagraph (b) shall be inserted after subparagraph (a):  "(b) not have been obtained either from a holding which for health reasons is subject to prohibition as a result of the outbreak of the following diseases to which the animals in question are susceptible:  foot-and-mouth disease, swine fever, contagious swine paralysis, bovine brucellosis, swine brucellosis or anthrax, or from an area in which the measures referred to under (ii) are applied, it being understood that:        (i) if all the animals of species susceptible to the disease have not been slaughtered and the premises disinfected, the period of prohibition must be at least thirty days from the date of the last recorded case in the case of foot-and-mouth disease, at least forty days in the case of swine fever or contagious swine paralysis, at least six weeks in the case of bovine or swine brucellosis and at least fifteen days in the case of anthrax;               (ii) in cases of swine fever, foot-and-mouth disease or contagious swine paralysis : if all the animals of species susceptible to the infection have been slaughtered and the premises disinfected, a protective area with a radius of 2 km shall be established around the holding for a period of fifteen days ; if all the animals of species susceptible to the infection have not been slaughtered, a protective area with a radius of 2 km shall be established around the holding and maintained for as long as the latter is subject to prohibition measures.  Member States shall ensure that animals of species susceptible to the disease recorded in the protective area can leave that area only if they are being taken to a slaughterhouse under official control for immediate slaughter.  Subparagraphs (b) to (h) shall be renumbered (c) to (i). References in the Directive of 26 June 1964 to those subparagraphs shall be amended accordingly.         (b) The beginning of the first sentence of subparagraph (c) shall read as follows:  "(c) in the case of animals for breeding or production, have been obtained from a holding which officially fulfils".           (c) The following shall be added to sub-paragraph (g):  "transport vehicles must be so arranged that the animals "faeces, litter or fodder cannot flow or fall out of the vehicle during transportation".           (d) The following shall be added to subparagraph (i):  "This certificate shall consist of a single sheet".                  3. Paragraph 3 shall be amended as follows:      (a) in subparagraph (b) the words "be tuberculosis-free" shall be deleted, the words "carried out during the thirty days before loading and" shall be inserted after the words "have reacted negatively to an intradermal tuberculin test" and the words "of Annex B" shall be substituted for the words "of Annexes A and B".            (b) in subparagraph (c) the words "be brucellosis-free" shall be deleted, the words "carried out during the thirty days before loading and" shall be inserted after the words "when given a sero-agglutination test" and the words "of Annex C" shall be substituted for the words "of Annexes A and C".                  4. Paragraph 4 shall read as follows:  "4. Swine for breeding or production must moreover come from brucellosis-free stock. If the swine concerned weigh more than 25 kilogrammes they must have shown, in tests carried out during the thirty days before loading:      (i) a brucella count lower than 30 international units of agglutination per millilitre when given a sero-agglutination test in accordance with the provisions of Annex C;           (ii) a negative complement fixation reaction when given a serological examination in accordance with the provisions of Annex C."                  5. Paragraph 5 shall be amended as follows:  In the first line the words "for slaughter" shall be deleted.       6. Paragraph 7 shall be amended as follows:      (a) in subparagraph (b) the remainder of the sentence from "and in a place" shall be deleted;           (b) in subparagraph (c) the following sentence shall be added after the second sentence:  "However, the intradermal tuberculin test and the sero-agglutination test required under paragraph 3 (b) and (c) need not necessarily have been carried out before introduction on the market."  and the words "6 days" shall be substituted for the words "4 days" in the last line of the third subparagraph.                      Article 4 The following shall be substituted for the last sentence of Article 5:  "If it proves necessary to adopt Community measures these shall be decided upon in the light of the national measures referred to above in accordance with the procedure laid down in Article 13".    Article 5 Article 7 shall read as follows:  "1. Countries of destination may grant to one or more exporting country general authorisations or authorisations restricted to specific cases for the introduction into their territory of:    A. In the case of bovine animals for breeding, production or slaughter:      (a) those animals which, by way of derogation from Article 3 (3) (a) or (6) (a), have not been vaccinated against foot-and-mouth disease, if no case of foot-and-mouth disease has been officially recorded in the exporting country and in the transit countries concerned for at least six months from the date of loading;           (b) those animals which, by way of derogation from Article 3 (3) (a) or (6) (a), have received anti-foot-and-mouth disease serum treatment not more than ten days before loading with anti-foot-and-mouth disease serum approved and controlled by the competent authority of the exporting country and authorised by the competent authority of the country of destination.                  B. In the case of bovine animals for breeding or production:      (a) those animals which, by way of derogation from Article 3 (3) (a), have been revaccinated during the preceding twelve months against types A, O and C of the foot-and-mouth disease virus, if they come from Member States in which such animals are vaccinated yearly and systematically slaughtered if there is an outbreak of foot-and-mouth disease and in which no case of foot-and-mouth disease has been officially recorded for at least six months from the date of loading;           (b) those animals which, by way of derogation from Article 3 (3) (c), come from a brucellosis-free herd.                  C. In the case of bovine animals for meat production under 30 months old which, by way of derogation from Article 3 (3) (c), do not come from an officially brucellosis-free or brucellosis-free herd. However, these animals must have shown a brucella count of less than 30 international units (IU) of agglutination per millilitre when given a sero-agglutination test in accordance with the provisions of Annex C. They must bear a special identification mark. The Member State of destination shall take all necessary measures to prevent contamination of indigenous herds.  This provision shall apply until 31 December 1971 unless an extension is decided upon by the Council on a proposal from the Commission.        D. In the case of bovine animals for slaughter:  Those animals which, by way of derogation from Article 3 (6) (c), showed a brucella count equal to or higher than 30 international units of agglutination per millilitre when given a sero-agglutination test in accordance with the provisions of Annex C.  2. When a country of destination grants a general authorisation under paragraph 1, it shall forthwith inform the other Member States and the Commission thereof.  3. When a country of destination grants any authorisation under paragraph 1, a corresponding authorisation must, in the case of transit operations, be obtained from the transit countries concerned.  4. The exporting countries shall take all measures necessary to ensure that the health certificates, specimens of which are given in Annex F (Models I and II), mention that use has been made of one of the possibilities provided in paragraph 1."    Article 6 The text of Article 8 shall be numbered paragraph 1 of Article 8 and the following paragraph 2 shall be added to that Article:  "2. Pending the entry into force of any provisions adopted by the European Economic Community, a Member State may be authorised, under the procedure laid down in Article 12 and the conditions fixed under that procedure, to apply, for intra-Community trade, health guarantees equivalent at most to those required by that Member State within the framework of a national programme for the prevention of a contagious or infectious bovine or swine disease which is not referred to in Annex E of this Directive."    Article 7 Article 9 shall read as follows:  "1. A Member State may, if there is a danger of animal diseases spreading as a result of the introduction of bovine animals or swine into its territory from another Member State, take the following measures:    (a) in the event of an outbreak of an epizootic disease in the other Member State, temporarily prohibit or restrict the introduction of bovine animals or swine from the affected areas of that Member State;       (b) if an epizootic disease becomes widespread or if there is an outbreak of a new serious contagious animal disease, temporarily prohibit or restrict the introduction of bovine animals or swine from the entire territory of that State.  2. Each Member State must immediately inform the other Member States and the Commission of the outbreak on its territory of any disease referred to in paragraph 1, and of the measures taken to control it. It must also notify them immediately of the elimination of the disease.  3. Measures taken by the Member States under paragraph 1 and the repeal of such measures must be communicated immediately to the other Member States and the Commission together with the reasons therefor.  Under the procedure laid down in Article 13, a decision may be taken to repeal or amend those measures in particular in order to co-ordinate them with measures adopted by other Member States.  4. If the situation envisaged in paragraph 1 arises and if it appears necessary that other Member States also apply the measures taken under that paragraph, amended, where necessary, pursuant to paragraph 3, appropriate measures shall be adopted under the procedure laid down in Article 13."    Article 8 The following new Articles shall be inserted after Article 11:  "Article 12    1. Where the procedure laid down in this Article is to be used, matters shall without delay be referred by the Chairman, either on his own initiative or at the request of a Member State, to the Standing Veterinary Committee (hereinafter called the "Committee") set up by the Council Decision of 15 October 1968.    2. Within the Committee the votes of Member States shall be weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.    3. The representative of the Commission shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on such measures within a time limit set by the Chairman according to the urgency of the matters concerned. Opinions shall be delivered by a majority of twelve votes.    4. The Commission shall adopt the measures and shall apply them immediately where they are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall adopt the measures by a qualified majority.   If, within three months from the date on which the proposal was submitted to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately, save where the Council has decided by a simple majority against those measures.  Article 13      1. Where the procedure laid down in this Article is to be used, matters shall without delay be referred by the Chairman, either on his own initiative or at the request of a Member State, to the Standing Veterinary Committee (hereinafter called the "Committee") set up by the Council Decision of 15 October 1968.      2. Within the Committee the votes of the Member States shall be weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.      3. The representative of the Commission shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on such measures within two days. Opinions shall be delivered by a majority of twelve votes.      4. The Commission shall adopt the measures and shall apply them immediately where they are in accordance with the opinion of the Committee. Where they are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall adopt the measures by a qualified majority.  If within fifteen days from the date on which the proposal was submitted to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately, save where the Council has decided by a simple majority against those measures.  Article 14  The provisions of Articles 12 and 13 shall apply for eighteen months from the date on which a matter was first referred to the Committee either under Article 12 (1) or 13 (1) or under any corresponding rules."    Article 9 1. The following shall be substituted for the text of Annex A I:  "I. Tuberculosis-free bovine herd  A bovine herd is considered to be officially tuberculosis-free if:    (a) all the animals are free from clinical signs of tuberculosis;       (b) all the animals over six weeks old have reacted negatively to at least two official intradermal tuberculin tests carried out in accordance with Annex B, the first one six months after completion of disinfection of the herd, the second one six months later and the remainder at one-yearly intervals. Where in a Member State all of whose bovine herds are subject to official operations to combat tuberculosis, the percentage of bovine herds infected with tuberculosis is not more than 1 % during two successive supervisory periods separated by an interval of one year, that interval may be increased to two years. If the percentage of infected bovine herds is not more than 0 72 % during two successive supervisory periods separated by an interval of two years, that interval may be increased to three years;       (c) no bovine animal has been introduced without a certificate from an official veterinarian showing that the animal comes from an officially tuberculosis-free bovine herd and, in the case of animals over six weeks old, that it has reacted negatively to an intradermal tuberculin test assessed according to the criteria set out in Annex B 21 (a);   (i) Intradermal tuberculin testing shall not, however, be required in Member States in which the percentage of holdings containing bovine animals infected with tuberculosis is less than 0 72 % and where a certificate from the official veterinarian indicates that the animal:  1. is properly identified;  2. comes from an officially tuberculosis-free bovine herd within that Member State;  3. has not during transportation come into contact with bovine animals which do not come from officially tuberculosis-free bovine herds.   (ii) The certificate provided for in (i) need not be required in a Member State where for not less than four years:    - at least 99 780 % of the bovine herds have been officially recognised as being tuberculosis-free, and where       - herds which are not officially tuberculosis-free have been under official supervision, the transfer of bovine animals from those herds being prohibited except when they are taken under official supervision for slaughter."         2. The following shall be substituted for the text of Annex A II:  "II. Brucellosis-free swine and brucellosis-free bovine and swine herds    A. Bovine herds    1. A bovine herd is considered to be officially brucellosis-free if:      (a) it contains no bovine animals which have been vaccinated against brucellosis, save females which have been vaccinated at least three years previously;           (b) all the bovine animals have been free from clinical signs of brucellosis for at least six months;           (c) all the bovine animals over twelve months old:        (i) have shown a brucella count lower than 30 IU of agglutination per millilitre when given two official sero-agglutination tests at intervals of at least three months and at most twelve months complying with Annex C ; the first sero-agglutination test may be replaced by three ring-tests carried out at three-monthly intervals provided, however, that the second sero-agglutination test is carried out not less than six weeks after the third ring-test;               (ii) are checked annually to establish that brucellosis is not present by three ring-tests carried out at intervals of at least three months or two ring-tests at an interval of at least three months and one sero-agglutination test carried out not less than six weeks after the second ring-test. If ring-tests cannot be made, two sero-agglutination tests shall be carried out each year at an interval of at least three months and not more than six months.  Where, in a Member State of whose bovine herds are subject to official operations to combat brucellosis, the percentage of bovine herds infected is not more than 1 %, it will be sufficient to carry out each year two ring-tests at an interval of at least three months or, if they cannot be made, one sero-agglutination test;         (d) no bovine animal has been introduced without a certificate from an official veterinarian showing that the animal comes from an officially brucellosis-free bovine herd and, in the case of animals over twelve months old, that it has shown a brucella count of less than 30 IU of agglutination per millilitre when given a sero-agglutination test in accordance with Annex C not more than 30 days before it was taken into the herd;  (i) Sero-agglutination testing need not, however, be required in Member States where the percentage of bovine herds infected with brucellosis has not exceeded 0 72 for at least two years and where a certificate from an official veterinarian indicates that the animal:  1. is properly identified;       2. comes from an officially brucellosis-free bovine herd within that Member State;       3. has not during transportation come into contact with bovine animals which do not come from officially brucellosis-free bovine herds;  (ii) The certificate provided for in (i) need not be required in a Member State where for not less than four years:   - at least 99 780 % of the bovine herds have been officially recognised as being brucellosis-free, and where  - herds which are not officially brucellosis-free have been under official supervision, the transfer of bovine animals from those herds being prohibited except when they are taken under official supervision for slaughter.   2. A bovine herd is considered to be brucellosis-free if:      (a) it contains no male bovine animals which have been vaccinated against brucellosis;           (b) all or some of the female bovine animals have been vaccinated at not more than six months old with live Buck 19 vaccine or other vaccines approved under the procedure laid down in Article 12;           (c) all the bovine animals satisfy the conditions laid down in 1 (b) and (c), it being understood that the bovine animals which are under thirty months old may show a brucella count equal to or higher than 30 IU of agglutination per millilitre but lower than 80 IU of agglutination wer millilitre provided they show, when the complement fixation reaction is tested:        - a count lower than 30 EEC units, in the case of females vaccinated less than twelve months previously,               - a count lower than 20 EEC units in all other cases;                          (d) no bovine animal has been introduced without a certificate from an official veterinarian showing either that the conditions laid down in 1 (d) apply to it or that it comes from a bovine herd recognised as brucellosis-free and, in that case, if it is over twelve months old, that it has shown in the thirty days before it was taken into the herd in accordance with Annex C a count lower than 30 IU of agglutination per millilitre and a negative complement fixation reaction.  However, if the bovine animal concerned has been vaccinated and is under thirty months old, it may show a brucella count equal to or higher than 30 IU of agglutination per millilitre but less than 80 IU per millilitre, provided it shows, when the complement fixation reaction is tested:        - a count lower than 30 EEC units, in the case of a female vaccinated less than twelve months previously,               - a count lower than 20 EEC units after the twelfth month following vaccination.                 3. A brucellosis-free bovine herd may qualify as an officially brucellosis-free bovine herd after a minimum period of three years if:        (a) it contains no animal which has been vaccinated against brucellosis within the preceding three years;               (b) the conditions laid down in 2 (c) have been fulfilled without interruption during those three years;               (c) at the end of the third year, the animals over twelve months old have shown a brucella count lower than 30 IU of agglutination per millilitre when given a sero-agglutination test and a negative result when given a complement fixation reaction test, these tests being carried out in accordance with Annex C.                      4. Bovine animals from a brucellosis-free bovine herd may also be introduced into an officially recognised brucellosis-free bovine herd if:    - they are at least eighteen months old at the time they are introduced therein;       - if they have been vaccinated against brucellosis, the vaccination was effected more than a year previously;       - not more than 30 days before introduction they have shown, in accordance with Annex C, a brucella count lower than 30 IU of agglutination per millilitre and a negative result when given a complement fixation reaction test.          If, in accordance with the first subparagraph, a bovine animal is introduced into an officially recognised brucellosis-free bovine herd for intra-Community trade, that herd shall be considered to be brucellosis-free for two years from the date on which the animal was introduced.  5. If one or more bovine animals in an officially brucellosis-free herd are suspected of having brucellosis, the qualification of the herd may be provisionally suspended, rather than withdrawn, if the animal or animals are immediately destroyed or isolated.  The provisional suspension may be lifted if two sero-agglutination tests, carried out in accordance with Annex C at an interval of six to eight weeks on all the animals over twelve months old, show a count lower than 30 IU of agglutination per millilitre.  The isolated animals may be reintroduced into the herd if, in the six to eight weeks interval, two sero-agglutination tests have shown a count lower than 30 IU of agglutination per millilitre and two complement fixation reaction tests have given a negative result, these tests being carried out in accordance with Annex C.  The foregoing provisions also apply to brucellosis-free herds in cases where one or more bovine animals over thirty months old are suspected of the disease.  6. The foregoing provisions relating to animals belonging to a brucellosis-free herd also apply to animals which, before the date of implementation of the provisions of this Directive in each Member State, have been vaccinated between the ages of five and eight months.  B. Swine and swine herds    1. A swine is considered to be brucellosis-free if:      (a) it shows no clinical signs of that disease;           (b) weighing more than 25 kilogrammes, it shows during serological tests carried out simultaneously and in accordance with Annex C:        (i) a brucella count lower than 30 IU of agglutination per millilitre when given a sero-agglutination test;               (ii) a negative result when given a complement fixation reaction test.                                 2. A swine herd is considered to be brucellosis-free if:      (a) all the swine have been free from clinical signs of the disease for at least one year;           (b) bovine animals kept at the same time on the holding belong to an officially brucellosis-free or brucellosis-free herd."                      Article 10 In Annex C:    (a) the word "bovine" in the title shall be deleted,       (b) after section A a new section B shall be inserted as follows:  "B. Complement fixation reaction test      1. The standard serum is the same as that under A 1 of this Annex. In addition to its content in international agglutinating units, 1 millilitre of this lyophilised bovine serum must contain 1000 sensitising units which fix the complement. These sensitising units are called EEC sensitising units.           2. The standard serum must be supplied by the Bundesgesundheitsamt, Berlin.           3. A serum's level of antibodies which fix the complement must be expressed in EEC sensitising units (for example : serum X = 60 EEC sensitising units per millilitre).           4. A serum containing 20 or more EEC sensitising units (i.e. an activity equal to 20 % of that of the standard serum) per millilitre, must be considered to be positive.            5. Serums must be inactivated as follows:        (a) bovine serum : 56 to 60 °C for 30 t 50 minutes,               (b) swine serum : 60 °C for 30 to 50 minutes.                          6. Weybridge Strain No 99 or USDA Strain 1119 must be used for the preparation of the antigen. The antigen represents a bacterial suspension in a physiological serum at 0 785 % or in a veronal loading solution.           7. In order to carry out the reaction test a complementary dose higher than the minimum necessary for total hemolysis should be used.           8. In carrying out the complement fixation reaction test, the following controls must be made each time:        (a) control of the anti-complementary effect of the serum,               (b) control of the antigen,          (c) control of sensitised red blood corpuscles,       (d) control of the complement,       (e) control, using a positive serum, of sensitivity at the start of the reaction,       (f) control of the specificity of the reaction using a negative serum.  9. The supervision and official control of standard serums and antigens shall be carried out by the bodies listed in A 9 of this Annex.  10. Antigens may be delivered in the concentrated state provided the dilution factor to be used is indicated on the bottle label.  (c) Section B shall be restyled section C and paragraphs 12 to 19 shall be renumbered 1 to 8. In paragraph 8, for the sign "%o" there shall be substituted the sign " % ".           Article 11 For the certificates appearing in Annex F there shall be substituted the certificates appearing in the Annex to this Directive.    Article 12 The Member States shall bring into force the measures necessary to comply with this Directive within twelve months following its notification and shall forthwith inform the Commission thereof.    Article 13 This Directive is addressed to the Member States.     Done at Brussels, 19 July 1971.  For the Council  The President  L. NATALI     ANNEX  "ANNEX F >PIC FILE= "T0038170">    >PIC FILE= "T0038171">    >PIC FILE= "T0038172">    >PIC FILE= "T0038173">    >PIC FILE= "T0038174">    >PIC FILE= "T0038175">   >PIC FILE= "T0038176">    >PIC FILE= "T0038177">    >PIC FILE= "T0038178">


Avis juridique important

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31976L0914

Council Directive 76/914/EEC of 16 December 1976 on the minimum level of training for some road transport drivers

Official Journal L 357 , 29/12/1976 P. 0036 - 0039 Finnish special edition: Chapter 16 Volume 1 P. 0027  Greek special edition: Chapter 05 Volume 2 P. 0167  Swedish special edition: Chapter 16 Volume 1 P. 0027  Spanish special edition: Chapter 07 Volume 2 P. 0052  Portuguese special edition Chapter 07 Volume 2 P. 0052

COUNCIL DIRECTIVE  of 16 December 1976  on the minimum level of training for some road transport drivers  (76/914/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,  Having regard to Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social legislation relating to road transport (1), as last amended by Regulation (EEC) No 515/72 (2), and in particular Article (5) (1) (b), second indent, and (2) (c) thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (3),  Having regard to the opinion of the Economic and Social Committee (4),  Whereas under Article 5 (1) (b), second indent, of Regulation (EEC) No 543/69, the driver of a vehicle intended for the transport of goods having an authorized maximum weight of over 7.5 metric tons and to which this Regulation applies, if he has not reached the age of 21 years, must hold a certificate of professional competence recognized by one of the Member States confirming that he has completed a training course for drivers of vehicles intended for the carriage of goods by road;  Whereas under Article 5 (2) of Regulation (EEC) No 543/69, the driver of a vehicle intended for the carriage of passengers and to which the Regulation applies must be at least 21 years old and must meet one of the conditions laid down by that paragraph;  Whereas one of these conditions stipulates that the driver must hold a certificate of professional competence recognized by one of the Member States confirming that he has completed a training course for drivers of vehicles intended for the carriage of passengers by road;  Whereas, to determine the minimum level of such training account should be taken, in particular, of the differences in the conditions for carrying out the transport of goods and the transport of passengers by road,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Any person who possesses the appropriate national driving licence and who has completed a course of vocational training covering at least the subjects listed in the Annex to this Directive shall be recognized as having the minimum level of training for drivers of vehicles intended for the carriage of goods by road, referred to in the second indent of Article 5 (1) (b) of Regulation (EEC) No 543/69 or for drivers of vehicles intended for the carriage of passengers by road, referred to in paragraph 2 (c) of the said Article.  2. The programme and organization of the course of vocational training referred to in paragraph 1 shall be laid down by the Member State. Proof that this training has been completed shall be furnished by means of an examination or a check carried out by the State or by the bodies designated to do so by the State acting under the direct supervision of the State.  (1)OJ No L 77, 29.3.1969, p. 49. (2)OJ No L 67, 20.3.1972, p. 11. (3)OJ No C 46, 9.5.1972, p. 8. (4)OJ No C 88, 6.9.1971, p. 14.   3. A Member State may require drivers carrying out national transport within its territory and drivers carrying out international transport in vehicles registered in that State to undergo more extensive training than that provided for in the Annex. This may be training which is already established in a Member State or training which a Member State decides to introduce in the future.   Article 2 1. The certificate of professional competence referred to in the second indent of Article 5 (1) (b) and in Article 5 (2) (c) of Regulation (EEC) No 543/69 shall be issued by the State or the bodies designated to do so by the State acting under the direct supervision of the State to persons who meet the requirements laid down in Article 1 of this Directive.  2. Rights acquired pursuant to the provisions referred to in paragraph 1 prior to the entry into force of the national provisions adopted in implementation of this Directive shall remain valid in the same way as certificates issued pursuant to this Directive.   Article 3 1. After consulting the Commission, the Member States shall bring into force the measures necessary to comply with this Directive within two years following its notification.  2. Each Member State shall provide the Commission with specimens of the certificates or equivalent documents which it adopts with a view to implementing Article 2 (1). The Commission shall forthwith forward this information to the other Member States.   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 16 December 1976.  For the Council  The President  Th.E. WESTERTERP     ANNEX MINIMUM TRAINING NECESSARY FOR THE AWARD OF A CERTIFICATE OF PROFESSIONAL COMPETENCE WITHIN THE MEANING OF ARTICLE 5 (1) (b) OR (2) (c) OF REGULATION (EEC) No 543/69  Training leading to the award of a certificate of professional competence shall include at least the following subjects, to the extent that they are not already covered by training for a driving licence.    1. Knowledge of the construction and main component parts of a vehicle      1.1. Knowledge of the construction and functioning of:        - internal combustion engines,               - lubrication and cooling systems,               - the fuel system,               - the electrical system,               - the ignition system,               - the transmission system (clutch, gearbox, etc.)                          1.2. General knowledge of lubrication and antifreeze protection           1.3. Knowledge of the precautions to be taken during the removal and replacement of wheels           1.4. Knowledge of the construction, fitting, correct use and care of tyres           1.5. Knowledge of the types, operation, main parts, connection, use and day-to-day maintenance of brake fittings, and knowledge of coupling systems           1.6. Knowledge of methods of locating causes of breakdowns           1.7. Knowledge of how to repair minor breakdowns with the aid of the correct equipment           1.8. General knowledge of preventive maintenance of vehicles and necessary running repairs.                  2. General knowledge of transport and administrative procedures      2.1. General ability and sufficient geographical knowledge to use road maps and their indexes           2.2. Economical use of vehicles           2.3. Knowledge of the steps to be taken after an accident or similar occurrence (e.g. fire) in connection with vehicle insurance           2.4. Knowledge of the national legislation applicable to the type of transport concerned - goods or passenger  for drivers of goods vehicles:           2.5. Elementary knowledge of the driver's responsibility in respect of the receipt, carriage and delivery of goods in accordance with the agreed conditions           2.6. Knowledge of the vehicle and transport documents required for the national and international carriage of goods           2.7. Knowledge of the techniques of loading and unloading goods and of the use of loading and unloading equipment            2.8. Basic knowledge of the precautions to be taken in the handling and carriage of dangerous goods  for drivers of passenger vehicles:           2.9. Knowledge of the driver's responsibility in respect of the carriage of passengers           2.10. Knowledge of the vehicle and passenger documents required for the national and international carriage of passengers.                  3. Experience of driving goods or passenger vehicles    3.1. For drivers of goods vehicles:  Practical experience of driving and manoeuvring vehicles of more than 7.5 metric tons and using a coupling device       3.2. For drivers of passenger vehicles:  Practical experience of driving and manoeuvring buses or coaches.


Avis juridique important

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31982L0331

Commission Directive 82/331/EEC of 6 May 1982 amending Council Directive 68/193/EEC on the marketing of material for the vegetative propagation of the vine

Official Journal L 148 , 27/05/1982 P. 0047 - 0047 Finnish special edition: Chapter 3 Volume 15 P. 0012  Spanish special edition: Chapter 03 Volume 25 P. 0136  Swedish special edition: Chapter 3 Volume 15 P. 0012  Portuguese special edition Chapter 03 Volume 25 P. 0136

*****COMMISSION  DIRECTIVE  of 6 May 1982  amending Council Directive 68/193/EEC on the marketing of material for the vegetative propagation of the vine  (82/331/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (1), as last amended by Directive 78/692/EEC (2), and in particular Article 17a thereof,  Whereas the abovementioned Directive lays down conditions concerning the packaging of propagating material;  Whereas the appearance on the market of new types of packaging permits a relaxation of the said conditions while at the same time maintaining the requisite guarantees of identity;  Whereas the conditions in question should therefore be adapted to the new situation;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 68/193/EEC is hereby amended as follows:  1. In point 1 of the table at Annex III, the following words shall be added:  'or, where plastic bags of equivalent packages are used, 50 or 100, it being understood that the provisions of Article 10 (1a) do not apply thereto'.  2. In point 2 of the table at Annex III, the following words shall be added:  'or, where plastic bags of equivalent packages are used, 100, it being understood that the provisions of Article 10 (1a) do not apply thereto'.  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 1 July 1982. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 6 May 1982.  For the Commission  Poul DALSAGER  Member of the Commission  (1) OJ No L 93, 17. 4. 1968, p. 15.  (2) OJ No L 236, 26. 8. 1978, p. 13.


Avis juridique important

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31996L0052

Council Directive 96/52/EC of 23 July 1996 amending Directive 85/350/EEC with regard to the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (Ireland)

Official Journal L 194 , 06/08/1996 P. 0005 - 0020

COUNCIL DIRECTIVE 96/52/EC of 23 July 1996 amending Directive 85/350/EEC with regard to the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (Ireland)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (1), and in particular Article 2 (2) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (2),Whereas the Government of Ireland has requested, pursuant to Article 2 of Directive 75/268/EEC, that the Community list of less-favoured farming areas be amended in accordance with the Annexes to this Directive;Whereas the new areas for inclusion on the list satisfy the criteria laid down in Directive 85/350/EEC (3) for determining the areas within the meaning of Article 3 (4) and in Directive 91/466/EEC (4) for defining the areas affected by specific handicaps within the meaning of Article 3 (5) of Directive 75/268/EEC;Whereas the total surface of the area as referred to in Article 3 (5) does not exceed 4 % of the total surface area of the Member State in question;Whereas the nature and level of the above indices notified to the Commission by the Government of Ireland correspond to the characteristics of the less-favoured areas referred to in Article 3 (4) and (5) of Directive 75/268/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1 The list of less-favoured farming areas in Ireland contained in the Annex to Directive 85/350/EEC is hereby supplemented by the lists in Annexes I and II to this Directive.Article 2 This Directive is addressed to Ireland.Done at Brussels, 23 July 1996.For the CouncilThe PresidentI. YATES(1) OJ No L 128, 19. 5. 1975, p. 1. Directive as last amended by the 1994 Act of Accession.(2) Opinion delivered on 19 July 1996 (not yet published in the Official Journal).(3) OJ No L 187, 19. 7. 1985, p. 1. Directive as amended by Directive 91/466/EEC (OJ No L 251, 7. 9. 1991, p. 10).(4) OJ No L 251, 7. 9. 1991, p. 10.ANEXO I Zonas desfavorecidas tal como se definen en el apartado 4 del artículo 3 de la Directiva 75/268/CEE BILAG I Ugunstigt stillede områder, jf. artikel 3, stk. 4, i direktiv 75/268/EØF ANHANG I Benachteiligte Gebiete im Sinne von Artikel 3 Absatz 4 der Richtlinie 75/268/EWG ÐÁÑÁÑÔÇÌÁ É ÌåéïíåêôéêÝò ðåñéï÷Ýò êáôÜ ôçí Ýííïéá ôïõ Üñèñïõ 3 ðáñÜãñáöïò 4 ôçò ïäçãßáò 75/268/ÅÏÊ ANNEX I Less-favoured areas within the meaning of Article 3 (4) of Directive 75/268/EEC ANNEXE I Zones défavorisées au titre de l'article 3 paragraphe 4 de la directive 75/268/CEE ALLEGATO I Zone svantaggiate ai sensi dell'articolo 3, paragrafo 4 della direttiva 75/268/CEE BIJLAGE I Probleemgebieden in de zin van artikel 3, lid 4, van Richtlijn 75/268/EEG ANEXO I Zonas desfavorecidas na acepção do nº 4 do artigo 3º da Directiva 75/268/CEE LIITE I Direktiivin 75/268/ETY 3 artiklan 4 kohdan mukaisesti epäsuotuisiksi määritettyjä alueita BILAGA I Mindre gynnade områden i enlighet med artikel 3.4 i direktiv 75/268/EEG >TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>ANEXO II Zonas desfavorecidas tal como se definen en el apartado 5 del artículo 3 de la Directiva 75/268/CEE BILAG II Ugunstigt stillede områder, jf. artikel 3, stk. 5, i direktiv 75/268/EØF ANHANG II Benachteiligte Gebiete im Sinne von Artikel 3 Absatz 5 der Richtlinie 75/268/EWG ÐÁÑÁÑÔÇÌÁ ÉÉ ÌåéïíåêôéêÝò ðåñéï÷Ýò êáôÜ ôçí Ýííïéá ôïõ Üñèñïõ 3 ðáñÜãñáöïò 5 ôçò ïäçãßáò 75/268/ÅÏÊ ANNEX II Less-favoured areas within the meaning of Article 3 (5) of Directive 75/268/EEC ANNEXE II Zones défavorisées au titre de l'article 3 paragraphe 5 de la directive 75/268/CEE ALLEGATO II Zone svantaggiate ai sensi dell'articolo 3, paragrafo 5 della direttiva 75/268/CEE BIJLAGE II Probleemgebieden in de zin van artikel 3, lid 5, van Richtlijn 75/268/EEG ANEXO II Zonas desfavorecidas na acepção do nº 5 do artigo 3º da Directiva 75/268/CEE LIITE II Direktiivin 75/268/ETY 3 artiklan 5 kohdan mukaisesti epäsuotuisiksi määritettyjä alueita BILAGA II Mindre gynnade områden i enlighet med artikel 3.5 i direktiv 75/268/EEG >TABLE>>TABLE>>TABLE>>TABLE>>TABLE>


title: Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights  Text with EEA relevance

text:
               30.4.2014

               EN

               Official Journal of the European Union

               L 128/1

         DIRECTIVE 2014/50/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 16 April 2014
   on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46 thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the ordinary legislative procedure (2),
   Whereas:

               (1)

               The free movement of persons is one of the fundamental freedoms of the Union. Article 46 of the Treaty on the Functioning of the European Union (TFEU) provides that the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the European Economic and Social Committee, are to issue Directives setting out the measures required to bring about freedom of movement for workers as laid down in Article 45 TFEU. Article 45 TFEU provides that the freedom of movement for workers entails, inter alia, the right to accept offers of employment and to move freely within the territory of Member States for this purpose. This Directive aims to promote worker mobility by reducing the obstacles to that mobility created by certain rules concerning supplementary pension schemes linked to an employment relationship.

               (2)

               The social protection of workers with regard to pensions is guaranteed by statutory social security schemes, together with supplementary pension schemes linked to the employment contract which are becoming increasingly common in the Member States.

               (3)

               The European Parliament and the Council have wide powers of discretion regarding the choice of measures which are the most appropriate when it comes to achieving the objective of Article 46 TFEU. The system of coordination provided for in Council Regulation (EEC) No 1408/71 (3) and in Regulation (EC) No 883/2004 of the European Parliament and of the Council (4) and, in particular, the rules that apply to aggregation, do not relate to supplementary pension schemes, except for schemes defined as legislation in those Regulations, or which have been the subject of a declaration to that effect by a Member State pursuant to those Regulations.

               (4)

               Council Directive 98/49/EC (5) represents an initial specific measure designed to improve the exercise of the right of freedom of movement for workers as regards supplementary pension schemes.

               (5)

               The objective of this Directive is to further facilitate worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights of members of those supplementary pension schemes.

               (6)

               This Directive is not applicable to the acquisition and preservation of supplementary pension rights of workers moving within a single Member State. Member States may consider using their national competences in order to extend the rules applicable pursuant to this Directive to scheme members who change employment within a single Member State.

               (7)

               A Member State may request that outgoing workers who move to another Member State notify their supplementary pension schemes accordingly.

               (8)

               Account should be taken of the characteristics and the special nature of supplementary pension schemes and of the way they differ within and among the Member States. The introduction of new schemes, the sustainability of existing schemes and the expectations and rights of current pension scheme members should be adequately protected. This Directive should also take particular account of the role of the social partners in designing and implementing supplementary pension schemes.

               (9)

               This Directive does not call into question the right of Member States to organise their own pension systems. Member States retain full responsibility for the organisation of such systems, and when transposing this Directive into national law they are not obliged to introduce legislation providing for the setting up of supplementary pension schemes.

               (10)

               This Directive does not limit the autonomy of the social partners where they are responsible for setting up and managing pension schemes, provided they can ensure the outcomes set out by this Directive.

               (11)

               This Directive should apply to all supplementary pension schemes established in accordance with national law and practice that offer supplementary pensions for workers, such as group insurance contracts, pay-as-you-go schemes agreed by one or more branches or sectors, funded schemes or pension promises backed by book reserves, or any collective or other comparable arrangement.

               (12)

               This Directive should not apply to supplementary pension schemes or, where applicable, sub-sections of such schemes that have been closed with the effect that no new members can be accepted because the introduction of new rules could place an unjustifiable burden on such schemes.

               (13)

               This Directive should not affect any arrangements for insolvency guarantee or compensation arrangements which are not part of a supplementary pension scheme linked to an employment relationship and which aim to protect the pension rights of workers in the event of insolvency of the undertaking or the pension scheme. Similarly, this Directive should not affect national pension reserve funds.

               (14)

               This Directive should apply only to supplementary pension schemes where entitlement exists by virtue of an employment relationship and is linked to reaching retirement age or to fulfilling other requirements, as laid down by the scheme or by national legislation. This Directive does not apply to individual pension arrangements, other than those concluded through an employment relationship. Where invalidity or survivor's benefits are attached to supplementary pension schemes, special rules may govern the entitlement to such benefits. This Directive does not affect existing national law and rules of supplementary pension schemes concerning such special rules.

               (15)

               A one-off payment which is unrelated to contributions made for the purpose of supplementary retirement provision, that is paid directly or indirectly at the end of an employment relationship, and that is financed solely by the employer, should not be considered to be a supplementary pension within the meaning of this Directive.

               (16)

               Since supplementary retirement provision is becoming increasingly important in many Member States as a means to secure people's standard of living in old age, the conditions for acquiring and preserving pension rights should be improved in order to reduce obstacles to workers' freedom of movement between Member States.

               (17)

               The fact that in some supplementary pension schemes pension rights can be forfeited if a worker's employment relationship ends before he or she has completed a minimum period of scheme membership ('vesting period'), or before he or she has reached the minimum age ('vesting age'), can prevent workers who move between Member States from acquiring adequate pension rights. The requirement of a lengthy waiting period before a worker can become a member of a pension scheme can have a similar effect. Such conditions therefore represent obstacles to workers' freedom of movement. By contrast, minimum age requirements for membership do not constitute an obstacle to freedom of movement, and are therefore not addressed by this Directive.

               (18)

               Vesting requirements should not be likened to other conditions laid down for the acquisition of a right to an annuity made with regard to the payout phase under national law or under the rules of certain supplementary pension schemes, in particular in defined contribution schemes. For instance, a period of active scheme membership which a member needs to complete after becoming entitled to a supplementary pension in order to claim his or her pension in the form of an annuity or capital sum does not constitute a vesting period.

               (19)

               Where an employment relationship is terminated before an outgoing worker has accrued vested pension rights and when the scheme or the employer bears the investment risk, in particular in defined benefit schemes, the scheme should always refund the pension contributions of that outgoing worker. Where an employment relationship is terminated before an outgoing worker has accrued vested pension rights and when the outgoing worker bears the investment risk, in particular in defined contribution schemes, the scheme may refund the value of the investments derived from those contributions. The value may be more or less than the contributions paid by the outgoing worker. Alternatively, the scheme may reimburse the sum of the contributions.

               (20)

               Outgoing workers should have the right to leave their vested pension rights as dormant pension rights in the supplementary pension scheme in which their entitlement was established. As regards the preservation of dormant pension rights, the level of protection may be considered equivalent where, particularly in the context of a defined contribution scheme, the outgoing workers are afforded the possibility of having the value of their vested pension rights discharged to a supplementary pension scheme which meets the conditions laid down in this Directive.

               (21)

               In accordance with national law and practice, steps should be taken to ensure the preservation of dormant pension rights or their value. The value of those rights at the time when the member leaves the scheme should be established in accordance with national law and practice. Where the value of those rights is adjusted, account should be taken of the particular nature of the scheme, the interests of the deferred beneficiaries, the interests of the remaining active scheme members and the interests of retired beneficiaries.

               (22)

               This Directive does not create any obligation to establish more favourable conditions for dormant pension rights than for the rights of active scheme members.

               (23)

               When the vested pension rights or the value of the vested pension rights of an outgoing worker do not exceed an applicable threshold established by the Member State concerned, and in order to avoid excessive administrative costs resulting from the management of a large number of low-value dormant pension rights, pension schemes may be given the option not to preserve those vested rights but, instead, to pay the outgoing worker a capital sum equivalent to the value of the vested pension rights. Where applicable, the transfer value or the capital payment should be established in accordance with national law and practice. Member States should set, where applicable, a threshold for such payments, taking into account the adequacy of workers' future retirement income.

               (24)

               This Directive does not provide for the transfer of vested pension rights. However, in order to facilitate worker mobility between Member States, Member States should endeavour, as far as possible, and in particular when introducing new supplementary pension schemes, to improve the transferability of vested pension rights.

               (25)

               Without prejudice to Directive 2003/41/EC of the European Parliament and of the Council (6), active scheme members and deferred beneficiaries who exercise or plan to exercise their right to freedom of movement should be suitably informed, upon request, about their supplementary pension rights. Where survivor's benefits are attached to schemes, surviving beneficiaries should also have the same right to information as deferred beneficiaries. Member States should be able to stipulate that such information need not be provided more than once a year.

               (26)

               In view of the diverse nature of supplementary pension schemes, the Union should confine itself to establishing the objectives to be achieved in general terms, which means that a Directive is the appropriate legal instrument.

               (27)

               Since the objective of this Directive, namely facilitating the exercise of the right of workers to freedom of movement between Member States, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

               (28)

               This Directive establishes minimum requirements, thus enabling the Member States to adopt or maintain more favourable provisions. The implementation of this Directive cannot be used to justify a regression vis-à-vis the existing situation in each Member State.

               (29)

               The Commission should draw up a report on the application of this Directive no later than six years after its date of entry into force.

               (30)

               In accordance with the national provisions governing the organisation of supplementary pension schemes, the Member States may grant the social partners, at their joint request, responsibility for implementing this Directive as regards the provisions relating to collective agreements, provided that the Member States take all the necessary steps to ensure that they are at all times able to guarantee the outcomes set out in this Directive,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter
   This Directive lays down rules aimed at facilitating the exercise of the right of workers to freedom of movement between Member States by reducing the obstacles created by certain rules concerning supplementary pension schemes linked to an employment relationship.
   Article 2
   Scope
   1.   This Directive applies to supplementary pension schemes with the exception of schemes covered by Regulation (EC) No 883/2004.
   2.   This Directive does not apply to the following:

               (a)

               supplementary pension schemes that, on the date of entry into force of this Directive, no longer accept new active members and remain closed to them;

               (b)

               supplementary pension schemes that are subject to measures involving the intervention of administrative bodies established by national legislation or judicial authorities, which are intended to preserve or restore their financial situation, including winding-up proceedings. This exclusion shall not extend beyond the end of that intervention;

               (c)

               insolvency guarantee schemes, compensation schemes and national pension reserve funds; and

               (d)

               a one-off payment made by an employer to an employee at the end of that employee's employment relationship which is not related to retirement provision.

         3.   This Directive does not apply to invalidity and/or survivor's benefits attached to supplementary pension schemes, with the exception of the specific provisions of Articles 5 and 6 relating to survivor's benefits.
   4.   This Directive applies only to periods of employment falling after its transposition in accordance with Article 8.
   5.   This Directive does not apply to the acquisition and preservation of supplementary pension rights of workers moving within a single Member State.
   Article 3
   Definitions
   For the purposes of this Directive the following definitions apply:

               (a)

               'supplementary pension' means a retirement pension provided for by the rules of a supplementary pension scheme established in accordance with national law and practice;

               (b)

               'supplementary pension scheme' means any occupational retirement pension scheme established in accordance with national law and practice and linked to an employment relationship, intended to provide a supplementary pension for employed persons;

               (c)

               'active scheme members' means workers whose current employment relationship entitles them or is likely to entitle them, after fulfilling any acquisition conditions, to a supplementary pension in accordance with the provisions of a supplementary pension scheme;

               (d)

               'waiting period' means the period of employment, required under national law or by the rules of a supplementary pension scheme or by the employer, before a worker becomes eligible for membership of a scheme;

               (e)

               'vesting period' means the period of active membership of a scheme, required under national law or the rules of a supplementary pension scheme, in order to trigger entitlement to the accumulated supplementary pension rights;

               (f)

               'vested pension rights' means any entitlement to the accumulated supplementary pension rights after the fulfilment of any acquisition conditions, under the rules of a supplementary pension scheme and, where applicable, under national law;

               (g)

               'outgoing worker' means an active scheme member whose current employment relationship terminates for reasons other than becoming eligible for a supplementary pension and who moves between Member States;

               (h)

               'deferred beneficiary' means a former active scheme member who has vested pension rights in a supplementary pension scheme and is not yet in receipt of a supplementary pension from that scheme;

               (i)

               'dormant pension rights' means vested pension rights retained within the scheme in which they have been accrued by a deferred beneficiary;

               (j)

               'value of the dormant pension rights' means the capital value of the pension rights calculated in accordance with national law and practice.

         Article 4
   Conditions governing the acquisition of rights under supplementary pension schemes
   1.   The Member States shall take all necessary steps to ensure that:

               (a)

               where a vesting period or a waiting period, or both, is applied, the total combined period shall under no circumstances exceed three years for outgoing workers;

               (b)

               where a minimum age is stipulated for the vesting of pension rights, that age shall not exceed 21 years for outgoing workers;

               (c)

               where an outgoing worker has not yet acquired vested pension rights when the employment relationship is terminated, the supplementary pension scheme shall reimburse the contributions paid by the outgoing worker, or paid on behalf of the outgoing worker, in accordance with national law or collective agreements or contracts, or, where the outgoing worker bears the investment risk, either the sum of the contributions made or the investment value arising from these contributions.

         2.   Member States shall have the option of allowing the social partners to lay down different provisions by collective agreement, to the extent that those provisions provide no less favourable protection and do not create obstacles to the freedom of movement for workers.
   Article 5
   Preservation of dormant pension rights
   1.   Subject to paragraphs 3 and 4, Member States shall adopt the measures necessary to ensure that the vested pension rights of outgoing workers can remain in the supplementary pension scheme in which they vested. The initial value of those rights for the purposes of paragraph 2 shall be calculated at the moment in time when an outgoing worker's current employment relationship terminates.
   2.   Member States shall, having regard to the nature of the pension scheme rules and practice, adopt the measures necessary to ensure that outgoing workers' and their survivors' dormant pension rights or their values are treated in line with the value of the rights of active scheme members or the development of pension benefits currently in payment, or are treated in other ways which are considered as fair, such as:

               (a)

               where the pension rights in the supplementary pension scheme are acquired as an entitlement to a nominal sum, by safeguarding the nominal value of the dormant pension rights;

               (b)

               where the value of accrued pensions rights changes over time, by adjusting the value of the dormant pension rights by applying:

                           (i)

                           a rate of interest built into the supplementary pension scheme; or

                           (ii)

                           the return on investments derived by the supplementary pension scheme;

                     or

               (c)

               where the value of the accrued pension rights is adjusted, for instance, in accordance with the inflation rate or salary levels, by adjusting the value of the dormant pension rights accordingly subject to any proportionate limit set by national law or agreed by the social partners.

         3.   Member States may allow supplementary pension schemes not to retain the vested rights of an outgoing worker but to pay, with the worker's informed consent, including as regards applicable charges, a capital sum equivalent to the value of the vested pension rights to the outgoing worker, as long as the value of the vested pension rights does not exceed a threshold established by the Member State concerned. The Member State shall inform the Commission of the threshold applied.
   4.   Member States shall have the option of allowing the social partners to lay down different provisions by collective agreement, to the extent that those provisions provide no less favourable protection and do not create obstacles to the freedom of movement for workers.
   Article 6
   Information
   1.   Member States shall ensure that active scheme members can obtain, on request, information on how a termination of employment would affect their supplementary pension rights.
   In particular, information relating to the following shall be provided:

               (a)

               the conditions governing the acquisition of supplementary pension rights and the effects of applying them when the employment relationship is terminated;

               (b)

               the value of their vested pension rights or an assessment of the vested pension rights that has been carried out no more than 12 months preceding the date of the request; and

               (c)

               the conditions governing the future treatment of dormant pension rights.

         Where the scheme allows early access to vested pension rights through the payment of a capital sum, the information provided shall also include a written statement that the member should consider taking advice on investing that capital sum for retirement provision.
   2.   Member States shall ensure that deferred beneficiaries obtain, on request, information regarding the following:

               (a)

               the value of their dormant pension rights or an assessment of the dormant pension rights that has been carried out no more than 12 months preceding the date of the request; and

               (b)

               the conditions governing the treatment of dormant pension rights.

         3.   For survivor's benefits attached to supplementary pension schemes, paragraph 2 shall apply to surviving beneficiaries as regards the payment of survivor's benefits.
   4.   Information shall be provided clearly, in writing, and within a reasonable period of time. Member States may provide that such information need not be provided more than once a year.
   5.   The obligations under this Article shall be without prejudice to and shall be in addition to the obligations of the institutions for occupational retirement provision under Article 11 of Directive 2003/41/EC.
   Article 7
   Minimum requirements and non-regression
   1.   Member States may adopt or maintain provisions on the acquisition of supplementary pension rights for workers, on the preservation of supplementary pension rights of outgoing workers and on active scheme members' and deferred beneficiaries' right to information which are more favourable than those set out in this Directive.
   2.   The transposition of this Directive shall not under any circumstances be used as a reason for reducing existing rights for the acquisition and preservation of supplementary pensions or to scheme members' or beneficiaries' right to information in the Member States.
   Article 8
   Transposition
   1.   Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive by 21 May 2018, or shall ensure that the social partners introduce the required provisions by way of agreement by that date. Member States are required to take the necessary steps enabling them to guarantee the results imposed by this Directive. They shall immediately inform the Commission thereof.
   2.   When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
   Article 9
   Report
   1.   Member States shall communicate all available information concerning the application of this Directive to the Commission by 21 May 2019.
   2.   By 21 May 2020, the Commission shall draw up a report on the application of this Directive and submit it to the European Parliament, to the Council and to the European Economic and Social Committee.
   Article 10
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 11
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 16 April 2014.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         D. KOURKOULAS

      (1)  OJ C 185, 8.8.2006, p. 37.

      (2)  Position of the European Parliament of 20 June 2007 (OJ C 146 E, 12.6.2008, p. 216) and position of the Council at first reading of 17 February 2014 (OJ C 77 E, 15.3.2014, p. 1). Position of the European Parliament of 16 April 2014 (not yet published in the Official Journal).

      (3)  Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971, p. 2).

      (4)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).

      (5)  Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46).

      (6)  Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision (OJ L 235, 23.9.2003, p. 10).


Avis juridique important

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32001L0114

Council Directive 2001/114/EC of 20 December 2001 relating to certain partly or wholly dehydrated preserved milk for human consumption

Official Journal L 015 , 17/01/2002 P. 0019 - 0023

Council Directive 2001/114/ECof 20 December 2001relating to certain partly or wholly dehydrated preserved milk for human consumptionTHE 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(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas:(1) Certain vertical Directives relating to foodstuffs should be simplified to take account only of the essential requirements to be met by the products they cover so as to allow those products to move freely within the internal market, in accordance with the conclusions of the European Council held in Edinburgh on 11 and 12 December 1992, as confirmed by those of the European Council in Brussels on 10 and 11 December 1993.(2) Council Directive 76/118/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to certain partly or wholly dehydrated preserved milk for human consumption(4) was justified by the fact that differences between national laws concerning preserved milk could result in conditions of unfair competition likely to mislead consumers, and thereby have a direct effect on the establishment and functioning of the common market.(3) Directive 76/118/EEC was consequently designed to lay down definitions and common rules governing the composition, manufacturing specifications and labelling of certain preserved milk, so as to ensure its free movement within the Community.(4) Directive 76/118/EEC should be brought into line with general Community legislation on foodstuffs, particularly legislation on labelling, authorised additives, hygiene and the health rules laid down in Council Directive 92/46/EEC(5).(5) For the sake of clarity, Directive 76/118/EEC should be recast in order to make the rules on the conditions for the production and marketing of certain partly or wholly dehydrated preserved milk for human consumption more accessible.(6) The general food-labelling rules laid down in Directive 2000/13/EC of the European Parliament and of the Council(6) should apply subject to certain conditions.(7) Subject to Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs(7), the addition of vitamins to the products defined in this Directive is authorised in certain Member States. However, no decision can be taken to extend such authorisation to the Community as a whole. Member States are therefore free to authorise or prohibit the addition of vitamins to their national products although the free movement of goods within the Community is, in any case, to be guaranteed in accordance with the rules and principles deriving from the Treaty.(8) For products intended for infants, Commission Directive 91/321/EEC of 14 May 1991 on infant formulae and follow-on formulae(8) applies.(9) In accordance with the principles of subsidiarity and proportionality established by Article 5 of the Treaty, the objective of laying down common definitions and rules for the products concerned and bringing the provisions into line with general Community legislation on foodstuffs cannot be sufficiently achieved by the Member States and can therefore, by reason of the nature of this Directive, be better achieved by the Community. This Directive does not go beyond what is necessary in order to achieve the said objective.(10) 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(9).(11) To avoid creating new barriers to free movement, Member States should refrain from adopting, for the products in question, national provisions not provided for by this Directive,HAS ADOPTED THIS DIRECTIVE:Article 1This Directive shall apply to partly or wholly dehydrated preserved milk defined in Annex I.Article 2Member States may, subject to Directive 90/496/EEC, authorise the addition of vitamins to the products defined in Annex I hereto.Article 3Directive 2000/13/EC shall apply to the products defined in Annex I, subject to the following conditions.1. (a) The product names listed in Annex I shall apply only to the products referred to therein and shall, without prejudice to subparagraph (b), be used in trade to designate them;(b) as an alternative to the product names referred to in subparagraph (a), Annex II provides a list of particular designations. These designations may be used in the language and under the conditions laid down in Annex II.2. The labelling must state the percentage of milk fat, expressed by weight in relation to the finished product, except in the case of the products defined in Annex I(1)(d) and (g) and Annex I(2)(d), and the percentage of fat-free dried milk extract in the case of the products defined in Annex I(1). These particulars shall appear near the trade name.3. In the case of the products defined in Annex I(2), the label must state the recommendations as to the method of dilution or reconstitution, including details of the fat content of the product thus diluted or reconstituted.4. Where products weighing less than 20 g per unit are packed in an outer packaging, the particulars required by this Article need appear on the outer packaging only, except for the designation required by point 1(a).5. The labelling of the products defined in Annex I(2) shall state that the product is "not intended as a food for infants under 12 months".Article 4For the products defined in Annexes I and II, Member States shall not adopt national provisions not provided for by this Directive.Article 5The measures necessary for the implementation of this Directive relating to the matters referred to below shall be adopted in accordance with the regulatory procedure referred to in Article 6(2):- bringing this Directive into line with general Community legislation on foodstuffs,- adaptations to technical progress.Article 61. The Commission shall be assisted by the Standing Committee on Foodstuffs (hereinafter referred to as "the Committee") set up by Article 1 of Decision 69/414/EEC(10).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.3. The Committee shall adopt its rules of procedure.Article 7Directive 76/118/EEC is hereby repealed with effect from 17 July 2003.References to the repealed Directive shall be construed as references to this Directive.Article 8Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 17 July 2003. They shall forthwith inform the Commission thereof.The measures shall be applied so as to:- authorise the marketing of the products defined in Annex I if they conform to the definitions and rules laid down in this Directive, with effect from 17 July 2003,- prohibit the marketing of products which fail to conform to this Directive, with effect from 17 July 2004.However, the marketing of products which fail to conform to this Directive but which were labelled before 17 July 2004 in accordance with Directive 76/118/EEC shall be permitted until stocks run out.When Member States adopt these measures these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.Article 9This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 10This Directive is addressed to the Member States.Done at Brussels, 20 December 2001.For the CouncilThe PresidentC. Picqué(1) OJ C 231, 9.8.1996, p. 20.(2) OJ C 279, 1.10.1999, p. 95.(3) OJ C 56, 24.2.1997, p. 20.(4) OJ L 24, 30.1.1976, p. 49. Directive as last amended by the 1994 Act of Accession.(5) OJ L 268, 14.9.1992, p. 1. Directive as last amended by Directive 94/71/EC (OJ L 368, 31.12.1994, p. 33).(6) OJ L 109, 6.5.2000, p. 29.(7) OJ L 276, 6.10.1990, p. 40.(8) OJ L 175, 4.7.1991, p. 35. Directive as last amended by Directive 1999/50/EC (OJ L 139, 2.6.1999, p. 29).(9) OJ L 184, 17.7.1999, p. 23.(10) OJ L 291, 19.11.1969, p. 9.ANNEX IDEFINITIONS OF PRODUCTS AND PRODUCT NAMES1. Partly dehydrated milkThis means the liquid product, whether or not sweetened, obtained directly by the partial removal of water from milk, from wholly or partly skimmed milk or from a mixture of these products, which may have an admixture of cream or of wholly dehydrated milk or both, the addition of wholly dehydrated milk not to exceed, in the finished products, 25 % of total milk solids.- Types of unsweetened condensed milk(a) Condensed high-fat milkPartly dehydrated milk containing, by weight, not less than 15 % fat, and not less than 26,5 % total milk solids.(b) Condensed milkPartly dehydrated milk containing, by weight, not less than 7,5 % fat and not less than 25 % total milk solids.(c) Condensed, partly skimmed milkPartly dehydrated milk containing, by weight, not less than 1 % and less than 7,5 % fat, and not less than 20 % total milk solids.(d) Condensed skimmed milkPartly dehydrated milk containing, by weight, not more than 1 % fat and not less than 20 % total milk solids.- Types of sweetened condensed milk(e) Sweetened condensed milkPartly dehydrated milk with an admixture of sucrose (semi-white sugar, white sugar or extra-white sugar) and containing, by weight, not less than 8 % fat and not less than 28 % total milk solids.(f) Sweetened condensed, partly skimmed milkPartly dehydrated milk with an admixture of sucrose (semi-white sugar, white sugar or extra-white sugar) and containing, by weight, not less than 1 % and less than 8 % fat, and not less than 24 % total milk solids.(g) Sweetened condensed skimmed milkPartly dehydrated milk with an admixture of sucrose (semi-white sugar, white sugar or extra-white sugar) and containing, by weight, not more than 1 % fat and not less than 24 % total milk solids.2. Totally dehydrated milkThis means the solid product, where the water content does not exceed 5 % by weight of the finished product, obtained directly by the removal of water from milk, from wholly or partly skimmed milk, from cream or from a mixture of these products.(a) Dried high-fat milk or high-fat milk powderDehydrated milk containing, by weight, not less than 42 % fat.(b) Dried whole milk or whole milk powderDehydrated milk containing, by weight, not less than 26 % and less than 42 % fat.(c) Dried partly skimmed milk or partly skimmed-milk powderDehydrated milk with a fat content of more than 1,5 % and less than 26 % by weight.(d) Dried skimmed milk or skimmed-milk powderDehydrated milk containing, by weight, not more than 1,5 % fat.3. Treatments(a) An additional quantity of lactose not greater than 0,03 % by weight of the finished product is authorised for the manufacture of the products defined in 1(e) to (g).(b) Without prejudice to Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products, the preservation of the products referred to in 1 and 2 shall be achieved:- by heat-treatment (sterilisation, UHT, etc.), for the products referred to in 1(a) to (d),- by the addition of sucrose, for the products referred to in 1(e) to (g),- by dehydration, for the products referred to in 2.4. Authorised additionsPursuant to Article 2, the addition of vitamins is authorised in the case of the products referred to in this Annex, subject to Directive 90/496/EEC.ANNEX IIPARTICULAR DESIGNATIONS FOR CERTAIN PRODUCTS LISTED IN ANNEX I(a) The English term "evaporated milk" means the product defined in Annex I(1)(b) containing, by weight, at least 9 % fat and 31 % total milk solids.(b) The French terms "lait demi-écrémé concentré" and "lait demi-écrémé concentré non sucré", the Spanish term "leche evaporada semidesnatada", the Dutch terms "geëvaporeerde halfvolle melk" or "halfvolle koffiemelk" and the English term "evaporated semi-skimmed milk" mean the product defined in Annex I(1)(c) containing, by weight, between 4 % and 4,5 % fat and not less than 24 % total solids.(c) The Danish term "kondenseret kaffefløde" and the German term "kondensierte Kaffeesahne" mean the product defined in Annex I(1)(a).(d) The Danish term "flødepulver", the German terms "Rahmpulver" and "Sahnepulver", the French term "crème en poudre", the Dutch term "roompoeder", the Swedish term "gräddpulver" and the Finnish term "kermajauhe" mean the product defined in Annex I(2)(a).(e) The French term "lait demi-écrémé concentré sucré", the Spanish term "leche condensada semidesnatada" and the Dutch term "gecondenseerde halfvolle melk met suiker" mean the product defined in Annex I(1)(f) containing, by weight, between 4 % and 4,5 % fat and not less than 28 % total milk solids.(f) The French term "lait demi-écrémé en poudre", the Dutch term "halfvolle melkpoeder" and the English terms "semi-skimmed milk powder" or "dried semi-skimmed milk" mean the product defined in Annex I(2)(c) with a fat content of between 14 % and 16 %.(g) The Portuguese term "leite em pó meio gordo" means the product defined in Annex I(2)(c) with a fat content of between 13 % and 26 %.(h) The Dutch term "koffiemelk" means the product defined in Annex I(1)(b).(i) The Finnish term "rasvaton maitojauhe" means the product defined in Annex 1(2)(d).(j) The Spanish term "leche en polvo semidesnatada" means the product defined in Annex I(2)(c) with a fat content of between 10 % and 16 %.


title: Council Directive 2013/13/EU of 13 May 2013 adapting certain directives in the field of taxation, by reason of the accession of the Republic of Croatia

text:
               28.5.2013

               EN

               Official Journal of the European Union

               L 141/30

         COUNCIL DIRECTIVE 2013/13/EU
   of 13 May 2013
   adapting certain directives in the field of taxation, by reason of the accession of the Republic of Croatia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Treaty of Accession of Croatia, and in particular Article 3(4) thereof,
   Having regard to the Act of Accession of Croatia, and in particular Article 50 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Pursuant to Article 50 of the Act of Accession of Croatia, where acts of the institutions adopted prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in that Act of Accession or in the Annexes thereto, the Council, acting by qualified majority on a proposal from the Commission, shall, to this end, adopt the necessary acts, if the original act was not adopted by the Commission.

               (2)

               The Final Act of the Conference which drew up and adopted the Treaty of Accession of Croatia indicated that the High Contracting Parties had reached political agreement on a set of adaptations to acts adopted by the institutions required by reason of accession and invited the Council and the Commission to adopt those adaptations before accession, completed and updated where necessary to take account of the evolution of the law of the Union.

               (3)

               Directives 83/182/EEC (1), 2003/49/EC (2), 2008/7/EC (3), 2009/133/EC (4) and 2011/96/EU (5) should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directives 83/182/EEC, 2003/49/EC, 2008/7/EC, 2009/133/EC and 2011/96/EU are amended as set out in the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by the date of accession of Croatia to the Union 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.
   They shall apply those provisions from the date of accession of Croatia to the Union.
   When Member States adopt those measures, 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 subject to and as from the date of the entry into force of the Treaty of Accession of Croatia.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 13 May 2013.

            For the Council

            The President

         S. COVENEY

      (1)  Council Directive 83/182/EEC of 28 March 1983 on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another (OJ L 105, 23.4.1983, p. 59).

      (2)  Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (OJ L 157, 26.6.2003, p. 49).

      (3)  Council Directive 2008/7/EC of 12 February 2008 concerning indirect taxes on the raising of capital (OJ L 46, 21.2.2008, p. 11).

      (4)  Council Directive 2009/133/EC of 19 October 2009 on the common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States and to the transfer of the registered office of an SE or SCE between Member States (OJ L 310, 25.11.2009, p. 34).

      (5)  Council Directive 2011/96/EU of 30 November 2011 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (OJ L 345, 29.12.2011, p. 8).

      ANNEX

                  1.

                  In the Annex to Directive 83/182/EEC, the following is added:
                  ‘CROATIA

                              —

                              poseban porez na motorna vozila (Zakon o posebnom porezu na motorna vozila (Narodne novine broj 15/13))’.

                  2.

                  Directive 2003/49/EC is amended as follows:

                              (a)

                              in Article 3(a)(iii), the following is inserted after the entry for France:

                                          ‘—

                                          porez na dobit in Croatia,’;

                              (b)

                              in the Annex, the following point is added:

                                          ‘(z)

                                          companies under Croatian law known as: “dioničko društvo”, “društvo s ograničenom odgovornošću”, and other companies constituted under Croatian law subject to Croatian profit tax’.

                  3.

                  In Annex I to Directive 2008/7/EC, the following point is inserted:

                              ‘(11a)

                              companies under Croatian law known as:

                                          (i)

                                          dioničko društvo

                                          (ii)

                                          društvo s ograničenom odgovornošću’.

                  4.

                  Annex I to Directive 2009/133/EC is amended as follows:

                              (a)

                              in Part A, the following point is inserted:

                                          ‘(ka)

                                          companies under Croatian law known as: “dioničko društvo”, “društvo s ograničenom odgovornošću”, and other companies constituted under Croatian law subject to Croatian profit tax;’;

                              (b)

                              in Part B the following is inserted after the entry for France:

                                          ‘—

                                          porez na dobit in Croatia,’.

                  5.

                  Annex I to Directive 2011/96/EU is amended as follows:

                              (a)

                              in Part A, the following point is inserted:

                                          ‘(ka)

                                          companies under Croatian law known as: “dioničko društvo”, “društvo s ograničenom odgovornošću”, and other companies constituted under Croatian law subject to Croatian profit tax;’;

                              (b)

                              in Part B, the following is inserted after the entry for France:

                                          ‘—

                                          porez na dobit in Croatia,’.