title: Council Directive 69/467/EEC of 8 December 1969 on returns, to be made on the basis of regional statistics, in respect of international carriage of goods by road

text:
                                    Official Journal of the European Communities                                     567
  24.12.69                           Official Journal of the European Communities                            No L 323 /7
                                                 COUNCIL DIRECTIVE
                                                   of 8 December 1969
                  on returns, to be made on the basis of regional statistics, in respect of international
                                                carriage of goods by road
                                                        (69/467/EEC)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                Article 2
 Having regard to the Treaty establishing the                     1 . Member States shall, in respect of each of the 21
 European Economic Community, and in particular                  groups of goods listed in Annex I, compile returns of
 Article 213 thereof;                                            the tonnage carried as specified in Article 1 , broken
                                                                 down by region of loading and unloading, a region
 Having regard to the proposal from the Commission ;             being one of the 57 transport regions of the
                                                                 Community listed in Annex II or, a third country, as
 Whereas the development of the common market                    the case may be.
 requires a more extensive knowledge of the pattern
 of traffic of the various regions of the Community              The returns shall give separately data concerning
 among themselves and with third countries, and in               carriage on own account and carriage for hire or
 particular of the links between production and                  reward :
 consumption regions;
                                                                 —■ for traffic between Member States         and for
 Whereas transport statistics for each loading and                   consignments from third countries on the basis of
 unloading region covering the whole of the traffic                  arrivals in transport regions of the Community;
 between Member States and with third countries
 cannot be compiled from existing statistical                   — for consignments to third countries on the basis
 information in respect of international carriage of                 of departures from those regions.
 goods by road; whereas responsibility for compiling
 the returns required for this purpose should therefore         2.     Each Member State shall in addition compile
 be placed on Member States ;                                    for the whole of its traffic with each other Member
                                                                 State and each third country global returns of the
Whereas in order to increase comparability              of       tonnage carried within the meaning of Article 1 ;
statistics there should be progressive improvement              these returns shall be broken down by country of
 and approximation of the various methods used by               registration of the vehicles which effected the
Member States to collect data ; whereas, for the same           carriage, and shall distinguish between carriage on
purpose, provision should be made for amendment of              own account and carriage for hire or reward. They
this Directive in due time and as may prove necessary           shall be compiled for traffic between Member States
in the light of experience;                                     and for deliveries from third countries on the basis of
                                                                arrivals, and for consignments to third countries on
                                                                the basis of departures.
HAS ADOPTED THIS DIRECTIVE :
                                                                                Article 3
                        Article 1
                                                                Every year before 1 October, Member States shall
This Directive shall apply to international carriage of         send to the Commission the returns compiled in
goods by road (including carriage between Member                accordance with Article 2.
States and third countries) where the place of loading
or unloading of the goods carried is situated on the            The results of such returns shall be made known by
territory of a Member State.                                    the Commission to the Member States in accordance
 ---pagebreak--- 568                              Official Journal of the European Communities
with the procedure followed in respect of other             Transport Statistics at the Statistical Office of the
modes of land transport.                                    European Communities, examine the results of the
                                                            official surveys made by Member States, in order to
                                                            approximate the methods used as far as possible.
                       Article 4
                                                            2. Before 1 June 1974, the Commission shall
The returns shall be drawn up for the first time in         submit to the Council a report on the results
respect of the year 1970.                                   achieved following the implementation of this
                                                            Directive and shall propose any amendments which
                       Article 5                            may prove necessary.
Member States shall receive financial aid from the                                 Article 7
Community for additional tasks which they may
undertake at the request of the Commission. The             This Directive is addressed to the Member States .
appropriations required for this purpose shall be
shown in the budget of the European Communities
under the heading , concerning general studies and
surveys of a Community character.                           Done at Brussels, 8 December 1969 .
                       Article 6                                                               For the Council
                                                                                The President .
1.    Each year the Commission shall, with the
assistance of the Committee for Co-ordination of                                             J. M. A. H. LUNS
 ---pagebreak---                         Official Journal of the European Communities                                           569
                                                 ANNEX I
                                         GROUPS OF GOODS
    Group of       Chapter                                          Description on the basis of the
     goods          NST1           NST1 Group                              NST1 terminology
        1            0           00, 02, 04, 05,           Other agricultural products and live animals
                                 06, 09
        2                        01                        Cereals
        3                        03                        Other fresh or frozen vegetables and fresh
                                                           fruits
        4            1           11 , 12, 13 , 14,         Foodstuffs and fodder
                                 16, 17, 18
        5            2           21                        Hard coal
        6                        22                        Brown coal and peat
        7                        23                        Coke
        8            3           31                        Crude petroleum
        9                        32, 33 , 34               Other petroleum products
       10            4           41                        Iron ores
       11                        45                        Non-ferrous ores and wastes
       12                        46                        Scrap metal and blast furnace dust
       13            5           51                        Foundry pig iron and cast iron, ferro-alloys
       14                        522                       Rolled semi-finished iron and steel products,
                                                           blooms, billets, slabs and steel bars, roughly
                                                           shaped for sheets or plates (coils)
    15—16                        532, 535, 537,           Rolled products
                                 542, 545
                                 523 , 533 , 536,          Other rolled products
                                 543,546,
                                 55, 56
       17            6           61 , 62, 63 , 64,         Raw or manufactured minerals and
                                 65,69                     construction materials
       18            7           71 , 72                  Fertilisers
      19             8           81 , 82, 83 , 84,        Chemical products
                                 89
      20             9           91 , 92, 93 , 94,         Machines, vehicles,
                                 95 , 96, 97              manufactured articles
      21                         99                       Special transactions
l Standard Goods Nomenclature for Transport Statistics (Statistical Office of the European Communities, 1968).
 ---pagebreak--- 570                        Official Journal of the European Communities
                                              ANNEX U
                          TRANSPORT REGIONS OF THE COMMUNITY
     GERMANY                                            NETHERLANDS
      1 Schleswig-Holstein                             35 Rijnmond
      2 Hamburg                                        36 Ijmond
      3 Nordostteil von Niedersachsen                  37 Zuid-Limburg
      4 Westteil Niedersachsen                         39 Other parts of the Netherlands
     5  Südostteil von Niedersachsen
                                                       FRANCE
      6 Bremen (Land)
                                                       40  Nord
     7  Nordteil von Nordrhein-Westfalen
                                                        41 Picardie
          (Münsterland und Niederrheingebiet)
      8 Ruhrgebiet                                     42  Haute-Normandie, Basse Normandie
     9  Südwestteil von Nordrhein-Westfalen            43  Region parisienne
    10  Ostteil von Nordrhein-Westfalen                44  Lorraine
          (Sieger-, Sauerland und Ostteil von          45 Franche-Comte, Bourgogne
          Westfalen)
                                                       46 Rhone-Alpes
    11  Nordteil von Hessen
    12  Sudteil von Hessen
                                                     1 47  Languedoc, Provence-Cote d'Azur
                                                       48  Midi-Pyrénées
    13  Nordteil von Rheinland-Pfalz
    14  Südteil von Rheinland-Pfalz
                                                       49 Aquitaine, Poitou-Charentes
                                                       50 Bretagne, Pays de la Loire
    15  Nordbaden
    16  Südbaden
                                                       51  Centre, Limousin, Auvergne
                                                       52  Champagne
    17 Württemberg
                                                       53  Alsace
    18 Nordbayern (Franken)
    19 Ostbayern (Oberpfalz und                        ITALY
          Niederbayern)
                                                       60  Piemonte, Valle d'Aosta
    20 Südbayern (Schwaben und Oberbayern)
                                                       61  Lombardia
    21  Saarland
                                                       62 Liguria
    22 Berlin (West)
                                                       63 Trentino-Alto Adige, Veneto
                                                       64   Friuli — Venezia Giulia
                                                       65 Emilia — Romagna
                                                       66  Toscana
    BELGIUM
                                                       67 Marche, Umbria, Abruzzi, Molise
    30 Belgique/België (except 31)
                                                       68  Lazio
    31  Antwerpen
                                                       69  Campania
                                                       70 Puglia, Basilicata
                                                       71  Calabria
    LUXEMBOURG                                         72  Sicilia
    34 Luxembourg                                      73 Sardegna


title: Commission Directive (EU) 2016/882 of 1 June 2016 amending Directive 2007/59/EC of the European Parliament and of the Council as regards language requirements (Text with EEA relevance)

text:
               3.6.2016

               EN

               Official Journal of the European Union

               L 146/22

         COMMISSION DIRECTIVE (EU) 2016/882
   of 1 June 2016
   amending Directive 2007/59/EC of the European Parliament and of the Council as regards language requirements
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community (1), and in particular Article 31 thereof,
   Whereas:

               (1)

               Certain provisions in Annex VI to Directive 2007/59/EC regarding the language requirements of B1 level for train drivers represent an unnecessary high burden in very specific cases where train drivers only reach the border station of a neighbouring Member State, hence impacting on the continuity of cross-border operations.

               (2)

               Therefore it is necessary to reduce the superfluous linguistic burden in the sections between the borders and the stations situated close to the borders and designated for cross-border operations, by exempting the concerned train drivers from the language requirements of B1 level.

               (3)

               As prerequisite for the exemption, sufficient arrangements should be in place for ensuring communication between the concerned drivers and the staff of the infrastructure manager in routine, degraded and emergency situations, in order to avoid any negative impact on the safety of the railway system.

               (4)

               Transitional measures should be provided for train drivers who have obtained or will obtain their licence in accordance with Directive 2007/59/EC before the date of application of national provisions transposing this Directive.

               (5)

               Directive 2007/59/EC should therefore be amended accordingly.

               (6)

               The measures provided for in this Directive are in accordance with the opinion of the Committee referred to in Article 32(1) of Directive 2007/59/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex VI to Directive 2007/59/EC is amended as set out in the Annex to this Directive.
   Article 2
   Train drivers who have obtained or will obtain their licence in accordance with Directive 2007/59/EC before 1 July 2016 shall be considered to comply with its requirements.
   Article 3
   1.   Member States shall adopt and publish, by 1 July 2016 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 1 July 2016.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   3.   The obligations for transposition and implementation of this Directive shall not apply to the Republic of Cyprus and the Republic of Malta for as long as no railway system is established within their territories.
   Article 4
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 1 June 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 315, 3.12.2007, p. 51.

      ANNEX
      Point 8 of Annex VI to the Directive 2007/59/EC is replaced by the following:
      ‘8.   LANGUAGE TESTS

                  1.

                  Drivers who have to communicate with the infrastructure manager on critical safety issues must have language skills in at least one of the languages indicated by the infrastructure manager concerned. Their language skills must be such that they can communicate actively and effectively in routine, degraded and emergency situations. They must be able to use the messages and communication method specified in the “Operations and traffic management” TSI.

                  2.

                  In order to satisfy the requirements provided for in paragraph 1, drivers must be able to understand (both listening and reading) and to communicate (both speaking and writing) according to level B1 of the Common European Framework of Reference for Languages (CEFR) established by the Council of Europe (1).

                  3.

                  In case of sections between the borders and the stations situated close to the borders and designated for cross border operations, drivers of trains operated by a railway undertaking may be exempted by the infrastructure manager from the requirements of paragraph 2, provided that the following procedure is applied:

                              (a)

                              the railway undertaking shall request a derogation to the infrastructure manager for the concerned drivers. In order to ensure a fair and equal treatment of the applicants, to each submitted request for derogation the infrastructure manager shall apply the same assessment procedure, which shall be part of the network statement;

                              (b)

                              the infrastructure manager shall grant a derogation if the railway undertaking can demonstrate that it has made sufficient arrangements for ensuring communication between the concerned drivers and the staff of the infrastructure manager in routine, degraded and emergency situations, as provided for in paragraph 1;

                              (c)

                              railway undertakings and infrastructure managers shall ensure that the concerned staff is aware of those rules and arrangements and receive appropriate training through their safety management systems.’

         (1)  Common European Framework of Reference for Languages: Learning, Teaching, Assessment, 2001 (Cambridge University Press for the English version ISBN 0-521-00531-0). Also available on the Cedefop website: http://www.cedefop.europa.eu/


Avis juridique important

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31988L0485

Commission Directive 88/485/EEC of 26 July 1988 amending the Annex to Council Directive 82/471/EEC concerning certain products used in animal nutrition

Official Journal L 239 , 30/08/1988 P. 0036 - 0039 Finnish special edition: Chapter 3 Volume 27 P. 0123  Swedish special edition: Chapter 3 Volume 27 P. 0123

*****COMMISSION  DIRECTIVE  of 26 July 1988  amending the Annex to Council Directive 82/471/EEC concerning certain products used in animal nutrition  (88/485/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (1), as last amended by Commission Directive 86/530/EEC (2), and in particular Article 6 thereof,  Whereas Directive 82/471/EEC provides for regular amendment of the content of the Annex thereto as a result of developments in scientific or technical knowledge;  Whereas it is appropriate for reasons of clarity to split up the group of amino acids and their salts according to the different amino acids;  Whereas the study of two new lysine-based products has shown that these products fulfil the requirements of Directive 82/471/EEC; whereas the use of the products in animal nutrition should, therefore, be permitted under certain conditions;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annex to Directive 82/471/EEC is amended as set out in the Annex hereto.  Article 2  The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1 not later than 30 June 1989. They shall immediately inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 26 July 1988.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 213, 21. 7. 1982, p. 8.  (2) OJ No L 312, 7. 11. 1986, p. 39.  ANNEX  Item 3, 'Amino acids and their salts', is replaced by the following:  1.2.3.4.5.6.7 //  //  //  //  //  //  //  // 1  // 2  // 3  // 4  // 5  // 6  // 7  //  //  //  //  //  //  //  // Name of product group  // Name of product  // Designation of nutritive principle or identity of micro-organism  // Culture substrate (specifications if any)  // Composition characteristics of product  // Animal species  // Special provisions  //  //  //  //  //  //  //  //  //  //  //  //  //  //  // '3. Amino acids and their salts   //   //   //   //   //   //  // 3.1. Methionine   // 3.1.1. DL-Methionine, technically pure 3.1.2. Dihydrated calcium salt of N-hydroxy- methyl-DL-meth- ionine, technically pure 3.1.3. Methionine-zinc, technically pure   // CH3S(CH2)2-CH(NH2)- COOH [CH3S(CH2)2- CH(NH-CH2OH)- COO]2Ca.2H2O [CH3S(CH2)2-CH(NH2)- COO]2Zn   // - - -  // DL-Methionine: minimum 98 % DL-Methionine: minimum 67 % Formaldehyde: maximum 14 % Calcium: minimum 9 % DL-Methionine: minimum 80 % Zn: maximum 18,5 %   // All animal species Ruminants from the beginning of rumination   // Declarations to be made on the label or packaging of the product: - the name ''DL- methionine", in the case of products 3.1.1, ''Dihydrated calcium salt of N-hydroxy- methyl-DL- methionine" in the case o f product 3.1.2, ''Zinc-methionine", in the case of product 3.1.3, - DL-methionine and moisture contents, - animal species or category in the case of products 3.1.2 and 3.1.3,  //  //  //  //  //  //  //  // 1  // 2  // 3  // 4  // 5  // 6  // 7  //  //  //  //  //  //  //  // Name of product group  // Name of product  // Designation of nutritive principle or identity of micro-organism  // Culture substrate (specifications if any)  // Composition characteristics of product  // Animal species  // Special provisions  //  //  //  //  //  //  //  //  // 3.2. Lysine   // 3.2.1. L-Lysine, technically pure 3.2.2. Concentrated liquid L-lysine (base) 3.2.3. L-Lysine-monohydro- chloride, technically pure 3.2.4. Concentrated liquid L-lysine-monohydro- chloride 3.2.5. L-Lysine-sulphate producted by fermentation with Corynebacterium glutamicum   // NH2-(CH2)4- CH(NH2)-COOH NH2-(CH2)4- CH(NH2)-COOH NH2-(CH2)4- CH(NH2)-COOH.HCl NH2-(CH2)4- CH(NH2)-COOH.HCl [NH2-(CH2)4- CH(NH2)-COOH]2; H2SO4   // - Saccharose, molasses, starch products and their hydrolysates - Saccharose, molasses, starch products and their hydrolysates Sugar syrup, molasses, cereals, starch products and their hydrolysates   // L-Lysine: minimum 98 % L-Lysine: minimum 60 % L-Lysine: minimum 78 % L-Lysine: minimum 22,4 % L-Lysine: minimum 40 %   // All animal species  // Declarations to be made on the label or packaging of the product: - the name ''L-lysine" in the case of product 3.2.1, ''Concetrated liquid L-lysine base" in the case of product 3.2.2, ''L-lysine-monohydrochloride" in the case of product 3.2.3, ''Concentrated liquid L-lysine monohydrochloride" in the case of product 3.2.4, ''L-lysine sulphate and its by-products from fermentation" in the case of product 3.2.5, - L-lysine and moisture contents   // 3.3. Threonine   // 3.3.1. L-Threonine, technically pure   // CH3-CH(OH)- CH(NH2)-COOH   // -  // L-Threonine: minimum 98 %   // All animal species  // Declarations to be made on the label or packaging of the product: - the name ''L-threonine", - L-threonine and moisture contents  //  //  //  //  //  //  //  // 1  // 2  // 3  // 4  // 5  // 6  // 7  //  //  //  //  //  //  //  // Name of product group  // Name of product  // Designation of nutritive principle or identity of micro-organism  // Culture substrate (specifications if any)  // Composition characteristics of product  // Animal species  // Special provisions  //  //  //  //  //  //  //  //  // 3.4. Tryptophan   // 3.4.1. L-Tryptophan, technically pure   // (C8H5NH)-CH2-CH(NH2)-COOH  // -  // L-Tryptophan: minimum 98 %   // All animal species  // Declarations to be made on the label or packaging of the product: - the name: ''L-tryptophan", - L-tryptophan and moisture contents   //   // 3.4.2. DL-Tryptophan, technically pure   // (C8H5NH)-CH2-CH(NH2)-COOH   // -  // DL-Tryptophan: minimum 98 %   // All animal species   // Declarations to be made on the label or packaging of the product: - the name: ''DL-tryptophan", - DL-tryptophan and moisture contents"   //  //   //   //   //   //   //


Avis juridique important

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31993L0077

Council Directive 93/77/EEC of 21 September 1993 relating to fruit juices and certain similar products

Official Journal L 244 , 30/09/1993 P. 0023 - 0031 Finnish special edition: Chapter 3 Volume 52 P. 0178  Swedish special edition: Chapter 3 Volume 52 P. 0178

COUNCIL DIRECTIVE 93/77/EEC of 21 September 1993 relating to fruit juices and certain similar productsTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100a thereof,  Having regard to the proposal from the Commission,  In cooperation with the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas Council Directive 75/726/EEC of 17 November 1975 on the approximation of the laws of the Member States concerning fruit juices and certain similar products (3) has been frequently and substantially amended; whereas for reasons of clarity and  rationality the said Directive should be consolidated;  Whereas in order to contribute towards the establishment of a single market for fruit juices and fruit nectars, to lay down conditions of production which take account of consumer requirements and to facilitate trade relations on the basis of fair  competition, common rules must be adopted governing composition, use of reserved descriptions, manufacturing specifications and labelling of the products concerned;  Whereas existing differences between national provisions governing these products constitute barriers to free movement and create unfair conditions of competition;  Whereas it is essential to establish manufacturing and labelling rules for juices and nectars intended for direct human consumption and to lay down rules for their raw materials while ensuring that the reserved descriptions in this Directive cannot be  abused;  Whereas these provisions should, pursuant to the second paragraph of Article 20 of Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of  foodstuffs (4), be adapted to the rules laid down in the said Directive;  Whereas, pending the adoption of Community provisions in this field, Member States should, for the time being, be free to lay down rules governing the labelling of products not for sale either to the ultimate consumer or to mass caterers;  Whereas the establishment of the characteristics of the products referred to by this Directive must be capable of being adapted to scientific and technical developments; whereas the adoption thereof should be entrusted to the Commission so as to  simplify and expedite the procedure;  Whereas the same applies to the determination of methods of analysis for checking the purity criteria of the additives and processing aid used in the manufacture of fruit juices and nectars and to the determination of the sampling procedure and the  methods of analysis required for checking the composition and the manufacturing specifications of these juices and nectars;  Whereas it is desirable that for all cases where the Community empowers the Commission to implement rules relating to foodstuffs provision should be made for establishing close cooperation between the Member States and the Commission within the Standing  Committee on Foodstuffs set up by Decision 69/414/EEC (5);  Whereas in some cases national provisions must be maintained and a review clause applied;  Whereas in particular the conditions governing the possible use of L-Malic and DL-Malic acids in fruit juices and nectars must be examined in the context of more general rules governing the use of certain acids in foodstuffs;  Whereas it has appeared necessary, in view of the production conditions obtaining in certain Member States, to make it possible for such Member States to authorize the addition of citric acid to apple juice;  Whereas it is not possible to extract the juice of certain tropical fruits without the pulp; whereas it therefore appears necessary to provide for the possible use of fruit purée in the manufacture of certain fruit juices;  Whereas the option of replacing all sugars by honey within the limits laid down should be extended to all fruit nectars, and the option of using sugars and honey together in certain nectars should be removed;  Whereas the sweetening of certain concentrated fruit juices should be authorized only if they are intended for direct sale to the consumer, since the sweetening may not exceed the permitted limits at the final stage;  Whereas Member States must be free not to adopt in their entirety the lists of additives and processing aid provided for in this Directive until the identification and purity criteria for these products have been established;  Whereas this Directive must not affect the obligations of the Member States concerning the deadlines for transposal of Directive 75/726/EEC and the Directives that amended it,  HAS ADOPTED THIS DIRECTIVE:   Article 1  For the purposes of this Directive, the following definitions shall apply:  1. Fruit:  Fruit, fresh or preserved by chilling, sound, free from deterioration, containing all the essential constituents needed for the production of fruit juices and nectars and of a suitable degree of ripeness. Tomatoes are not regarded as fruit;  2. Fruit purée:  The fermentable but unfermented product obtained by sieving the edible part of whole or peeled fruit without removing the juice;  3. Concentrated fruit purée:  The product obtained from fruit purée by the physical removal of a specific proportion of its water content;  4. Sugars:  (a) For the production of fruit juice - semi-white sugar,  - sugar (white sugar),  - extra white sugar,  - dextrose monohydrate,  - dextrose anhydrous,  - dried glucose syrup,  - fructose;  (b) for the production of fruit juice made from concentrated fruit juice and the production of fruit nectar, in addition to the sugars referred to in (a):  - glucose syrup,  - sugar solution,  - invert sugar solution,  - invert sugar syrup,  - the aqueous solution of sucrose with the following characteristics:  (aa) dry matter:  not less than 62 % by weight,  (bb) invert sugar content (ratio of fructose to dextrose: 1,0 ± 0,2):  not more than 3 % by weight of dry matter,  (cc) conductivity ash:  not more than 0,3 % by weight of dry matter;  (dd) colour in solution:  not more than 75 ICUMSA units,  (ee) residual sulphur dioxide content:  not more than 15 mg/kg of dry matter;  5. Fruit juice:  (a) The juice obtained from fruit by mechanical processes, fermentable but unfermented, having the characteristic colour, aroma and flavour typical of the juice from the fruit from which it comes.  In the case of citrus fruits, the fruit juice shall come from the endocarp; lime-juice, however, may be obtained from the whole fruit, by suitable production processes whereby by proportion of constituents of the outer part of the fruit is reduced to a  minimum.  (b) The product obtained from concentrated fruit juice by:  - the restoration of the proportion of water extracted from the juice when it was concentrated, the water which is added having the appropriate characteristics, particularly from the chemical, microbiological and organoleptic viewpoints, for  guaranteeing the essential qualities of the juice, and - the restoration of its aroma by means of the volatiles collected during the concentration of the fruit juice in question or from the juice of fruits of the same kind,  and which has organoleptic and analytical characteristics equivalent to those of juice obtained from fruit of the same kind in accordance with (a);  6. Concentrated fruit juice:  The product obtained from fruit juice by the physical removal of a specific proportion of the water content. If the product is for direct consumption, the reduction in volume shall not be less than 50 %;  7. Fruit nectar:  The unfermented but fermentable product obtained by the addition of water and sugars to fruit juice, concentrated fruit juice, fruit purée, concentrated fruit purée or to a mixture of these products which also conforms with Annex I.  However, it may be decided under the procedure laid down in Article 15 that, in the case of certain fruits whose juice has a high natural sugar content, nectar may be produced from them without the addition of sugars;  8. Dried fruit juice:  The product obtained from fruit juice by the physical removal of almost all the water content.   Article 2  1. Member States shall take all measures necessary to ensure that the products referred to in Article 1 (5) to (8) may be marketed only if they conform to the definitions and rules laid down in this Directive.  2. Articles 4 to 13 shall apply only to fruit juice, concentrated fruit juice, fruit nectar and dried fruit juice intended for direct consumption, concentrated fruit juice used for the production of fruit juice or nectar intended for direct consumption  and fruit juice used for the production of fruit nectar intended for direct consumption.   Article 3  1. The descriptions referred to in Article 1 (5) to (8) shall be reserved for the products defined therein and, without prejudice to Article 10 (2) (a), must be used in trade to describe them.  2. The use of the following descriptions shall also be reserved:  (a) 'Vruchtendrank', for fruit nectars;  (b) 'Suessmost', for fruit nectars obtained exclusively from fruit juices, concentrated fruit juices or a mixture of these products inedible in the natural state because of their high natural acidity;  (c) - 'succo e polpa', for fruit nectars obtained exclusively from fruit purée and/or concentrated fruit purée,  - 'sumo e polpa' for fruit nectars obtained exclusively from fruit juice and fruit purée and/or concentrated fruit purée;  (d) 'aeblemost', for apple juice with no added sugars;  (e) 'Sur . . . saft', together with the name (in Danish) of the fruit used, for juices with no added sugars and obtained from blackcurrants, cherries, redcurrants, whitecurrants, raspberries, strawberries or elderberries.  3. If the product comes from a single variety of fruit, the name of the latter shall be substituted for the word 'fruit' or shall accompany any descriptions not containing the word 'fruit'.  4. Paragraph 1 shall not prevent the expressions 'soed . . . saft' or 'soedet . . . saft', together with the name of fruit used, from being employed in Denmark to describe a product consisting of:  - juices obtained from blackcurrants, cherries, redcurrants, whitecurrants, raspberries, strawberries or elderberries and,  - added sugars in a quantity exceeding 200 grams per litre,  provided that the quantity of added sugars and the conditions of use of the product are shown.   Article 4  1. Only the following shall be authorized for the production of fruit juices:  (a) the mixing of one or more kinds of fruit juices and/or fruit purées;  (b) treatment with:  - L-Ascorbic acid (E 300) in the amount necessary to produce an anti-oxidant effect,  - nitrogen,  - carbon dioxide (E 290),  - pectolytic enzymes,  - proteolytic enzymes,  - amylolytic enzymes,  - edible gelatine,  - tannins,  - bentonite,  - silica aerogel,  - kaolin,  - charcoal,  - inert filtration adjuvants (perlite, asbestos, washed diatomite, cellulose, insoluble polyamide);  (c) the usual physical processes and treatments such as heat treatments, centrifuging and filtering; the use of some of these processes and treatments may be restricted or prohibited by the Council acting unanimously on a proposal from the Commission.  2. The following shall also be authorized:  (a) in the case of fruit juices other than pear and grape the addition of sugars in accordance with the following conditions:  (i) in a quantity, expressed as dry matter, not greater than 15 grams per litre of juice, in order to correct them;  (ii) in a quantity, expressed as dry matter, not greater than:  - 40 grams per litre of juice in the case of apple juice, although this addition may be prohibited by Member States,  - 200 grams per litre of juice in the case of lemon, lime, bergamot, and red, white and blackcurrant juices,  - 100 grams per litre of juice in other cases,  for the purpose of sweetening;  (b) in the case of grape juice:  - treatment with:  - sulphur dioxide (E 220),  - sodium sulphite (E 221),  - acid sodium sulphite (sodium bisulphite) (E 222),  - sodium disulphite (sodium pyrosulphite or sodium metabisulphite (E 223),  - potassium disulphite (potassium pyrosulphite or potassium metabisulphite) (E 224),  - calcium sulphite (E 226) and - acid calcium sulphite (calcium bisulphite) (E 227),  - provided that the total amount of these substances expressed as sulphur dioxide in the juice, as sold or delivered to the consumer, is not greater than 10 mg per litre of juice:  - desulphiting by physical processes,  - clarification by means of casein, white of egg and other animal albumins,  - partial deacidification by means of neutral potassium tartrate, or calcium carbonate to which may be added small quantities of double calcium salt of D-Tartaric and L-Malic acids;  (c) in the case of pineapple juice, the addition of citric acid (E 330) in a quantity not greater than 3 grams per litre.  3. The addition of both sugars and acid to the same fruit juice shall be prohibited.  4. If more than one acid is added to the same fruit juice or nectar, the sum of the quantities of each of the acids added, expressed as a percentage of the maximum authorized quantity, must not exceed 100.   Article 5  Except where otherwise provided for in this Directive, the sulphur dioxide content of a fruit juice, as determined by analysis, shall not exceed 10 mg per litre of juice.   Article 6  1. Only the following shall be authorized in the production of fruit nectars:  (a) the mixing of one or more kinds of fruit nectars, with a possible admixture of fruit juice or fruit purée;  (b) the treatments and processes listed in Article 4 (1) (b) and (c).  2. The following shall also be authorized:  (a) the addition of sugars in a quantity not greater than 20 % by weight of the total weight of the finished product;  (b) the addition of water in a quantity such that the fruit juice and/or fruit purée content and the total acidity of the finished product are ot lower than the levels specified in Annex I; in the case of a mixed fruit nectar the juice and/or purée  content and the total acidity shall be proportional to the levels specified in Annex I;  (c) the total replacement of sugars with honey, within the 20 % limit specified in (a);  (d) in the case of the production of the fruit nectars referred to in Article 3 (2) (c) which are obtained from apples, pears or peaches or a mixture of these fruits, the addition of citric acid in a quantity not greater than give grams per litre of  finished product; the citric acid may, however, be replaced totally or partially by an equivalent quantity of lemon juice.   Article 7  Only the following shall be permitted in the manufacture of concentrated fruit juices:  (a) the treatments and processes listed in Article 4 with the exception of the provisions in paragrahs 2 (a). However, the addition of sugars provided for in that point (a) shall be authorized only for prepackaged concentrated fruit juices intended for  the ultimate consumer and provided that the sweetening is indicated in the description; in that case the total quantity of sugars added expressed in relation to the volume of the juice 'obtained from concentrated . . .' may not exceed the limit  authorized in Article 4 (2) (a).  For a period of 10 years from 14 June 1989, sugar may be added to concentrated orange juice not intended for the ultimate consumer up to a maximum quantity expressed as dry matter of 15 grams per litre for the purpose of correcting it.  In the case referred to in the second subparagraph the processor must be informed of the addition of sugar, in accordance with trade practices.  On expiry of the period referred to in the second subparagraph, the Council shall decide, acting on a proposal from the Commission, whether to continue the exception in the said subparagraph;  (b) the partial dehydration of the fruit juice by a physical treatment or process other than direct flame; the use of certain treatments or processes may be restricted or prohibited by the Council acting unanimously on a proposal from the Commission;  (c) restoration of their aroma by means of the volatiles collected during the concentration of the basic fruit juice or from the juice of fruit of the same kind; the addition of such volatiles shall be obligatory for concentrated fruit juices which are  intended for direct consumption.   Article 8  In the manufacture of dried fruit juice the almost total dehydration of fruit juice by a physical treatment or process other than direct flame shall also be authorized; restoration of the essential volatiles from fruits of the same kind, or  possibly recovered during dehydration, shall be compulsory.   Article 9  The treatments and processes referred to in Articles 4, 6, 7 and 8 must not result in any substance being allowed to remain in the products treated in quantities which may be dangerous to human health.   Article 10  1. Directive 79/112/EEC shall apply to the products defined in Article 1 (5) to (8), in accordance with the conditions set out in this Article.  2. (a) The names under which the products defined in Article 1 (5) to (8) are sold shall be the name reserved for them pursuant to Article 3 (1), (2) and (3).  However:  (i) the use of the description 'fruit nectar' may be made optional by Member States for one or more of the products referred to in Article 3 (2) where the descriptions listed therein are used to designate these products;  (ii) for the product defined in Article 1 (8), the adjective 'dried' may be replaced by the adjective 'powdered' and may be accompanied or replaced by particulars of the specific process used (eg freeze-dried or any other similar reference);  (b) The names under which they are sold shall be supplemented:  (i) for products manufactured from two or more kinds of fruit, except as regards the use of lemon juice in accordance with Article 6 (2) (d), by a list of the fruits used, in descending order of the weight of the fruit juices or purées included, where  appropriate after restoration; the use of the term 'fruit' shall be optional in this case;  (ii) the products with sugar added within the limits laid down in Article 4 (2) (a) (ii), by the description 'sweetened', followed by an indication of the maximum quantity of sugars added, calculated as dry matter and expressed as grams per litre; the  quantity indicated may not exceed the actual quantity added by more than 15 %;  (iii) for the fruit nectars referred to in Article 3 (2) (c) which are not designated by the description 'succo e polpa' alone, in accordance with the national provisions referred to in point (a) (i), by the description 'contains fruit pulp' or an  equivalent description.  3. An obligation to declare the list of ingredients shall apply, subject to the following:  (a) (i) the restoration to its original state, by means of the substances strictly necessary for this operation:  - of fruit juice from a concentrated fruit juice,  - of a fruit purée from concentrated fruit purée;  (ii) the restoration of the flavour:  - to concentrated fruit juice,  - to dried fruit juice,  shall not involve an obligation to declare the list of the ingredients used for this purpose;  (b) The substances listed in the first indent of Article 4 (2) (b) shall not be considered as ingredients of one of the products defined in Article 1 (5) to (8) where the sulphur dioxide content of these products, as determined by analysis, does not  exceed 10 mg per litre.  4. Indication of the following particulars shall also be compulsory on the labelling of the products defined in Article 1 (5) to (8):  (a) for fruit juice and nectar obtained wholly or partially from a concentrated product, the declaration 'contains . . . made from concentrate', plus the name of the concentrated product used; this declaration shall appear in the immediate vicinity of  the product name, standing out prominently in bold lettering;  (b) for the products defined in Article 1 (5), (6) and (7), the carbon dioxide content of which is greater than 2 grams per litre, the description 'carbonated';  (c) for concentrated fruit juice and dried fruit juice, an indication of the quantity of water to be added to restore the product;  (d) for fruit nectars, the actual minimum content of fruit juice, fruit purée or mixture of these ingredients, by the declaration 'fruit content: . . . % minimum'.  5. The particulars referred to in paragraph 4 (a), (b) and (d) shall appear in the same field of vision of those referred to in Article 11 (3) (a) of Directive 79/112/EEC.  6. The addition of L-ascorbic acid as provided for in Article 4 (1) (b) shall not authorize any reference to Vitamin C.   Article 11  Without prejudice to the provisions to be adopted by the Community in this field, Member States shall remain free to determine the labelling rules for the products referred to in Article 2 (2) which are not to be delivered as such to the  ultimate consumer or to mass caterers.   Article 12  The amendments necessary to adapt Articles 4, 6, 7 and 8 and Annex I to technical progress shall be adopted in accordance with the procedure laid down in Article 15, with the exception of those concerning additives.   Article 13  1. Member States shall adopt all the measures necessary to ensure that trade in the products defined in Article 1 (5) to (8) which comply with the rules laid down in this Directive cannot be impeded by the application of national  non-harmonized provisions governing the composition, manufacturing specifications, packaging or labelling of these products in particular or of food stuffs in general.  2. Paragraph 1 shall not apply to non-harmonized provisions justified on grounds of:  - protection of public health,  - fraud prevention, unless such provisions are liable to impede the application of the definitions and rules laid down by this Directive,  - protection of industrial and commercial property, of indications of source, appellation of origin and the prevention of unfair competition.   Article 14  The identity and purity criteria for the additives and treatment agents referred to in Articles 4 and 6 shall be determined where necessary in accordance with the procedure laid down in Article 15.   Article 15  1. Where the procedure laid down in this Article is to be followed, the chairman shall refer the matter to the Standing Committee for Foodstuffs, either on his own initiative or at the request of the representative of a Member State.  2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter.  The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.  (b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.  If, on the expiry of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.   Article 16  1. This Directive shall not affect national provisions whereby:  (a) the vitaminization of the products covered by this Directive is authorized;  (b) processes of diffusion may be authorized for the manufacture of fruit juices other than grape, citrus fruit, pineapple, pear, peach and apricot intended for the manufacture of concentrated fruit juices, provided that the concentrated juices thus  obtained comply with the conditions laid down in Article 1 (5) regarding fruit juices obtained from concentrated fruit juices and have organoleptic and analytical characteristics at least equivalent to those of concentrated juices obtained by mechanical  processes;  (c) - the substances referred to in the first indent of Article 4 (2) (b) may be added to pineapple, apple, orange and grapefruit juices on condition that the total quantity added, expressed as sulphur dioxide, does not exceed 50 mg per litre;  - the substances referred to in the first indent of Article 4 (2) (b) may be added to lemon and lime juices on condition that the total quantity added, expressed as sulphur dioxide, does not exceed 350 mg per litre;  (d) dimethylpolysiloxane may be used in pineapple juice up to a maximum of 10 mg per litre;  (e) up to 5 grams per litre of lactic acid may be added to the fruit nectar referred to in Article 1 (7), where this is obtained from apples or pears or from a mixture of these fruits;  (f) up to 3 grams per litre of citric acid may be added to:  - grape juice, subject to such addition being authorized up to and including 19 November 1975,  - apple juice;  (g) up to 3 grams per litre, either singly or combined, of L and DL Malic acids may be added to pineapple juice and to the fruit nectars referred to in Article 3 (2) (c) if they are obtained from pears or peaches, subject to such addition being  authorized up to and including 19 November 1975.  2. The exceptions regarding additives provided for in paragraph 1 (c), (d), (e), (f) and (g) shall cease to apply once the relevant rules become applicable at Community level.   Article 17  This Directive shall not apply to:  (a) products intended for export from the Community;  (b) foodstuffs for particular nutritional uses.   Article 18  Member States may postpone implementation of Article 4 (1) (b), Article 4 (2) (b) last indent and Article 6 (1) (b) until the identification and purity criteria are laid down under Article 14.   Article 19  1. Directive 75/726/EEC, including Directives which amended it (6), is hereby repealed without prejudice to the obligations of the Member States concerning the deadlines for transposal of such Directives set out in Annex II.  2. References to the repealed Directive shall be construed as references to this Directive and should be read in accordance with the correlation table in Annex III.   Article 20  This Directive is addressed to the Member States.  Done at Brussels, 21 September 1993.  For the Council The President A. BOURGEOIS  (1) OJ No C 305, 23. 11. 1992, p. 109 and Decision of 23 June 1993 (not yet published in the Official Journal).  (2) OJ No C 313, 30. 11. 1992, p. 24.  (3) OJ No L 311, 1. 12. 1975, p. 40. Directive as last amended by Directive 89/394/EEC (OJ No L 186, 30. 6. 1989, p. 14).  (4) OJ No L 33, 8. 2. 1979, p. 1. Directive as last amended by Directive 91/72/EEC (OJ No L 42, 16. 2. 1991, p. 27). (5) OJ No L 291, 19. 11. 1969, p. 9.  (6) Directives 79/168/EEC, 81/487/EEC and 89/394/EEC.      ANNEX I  SPECIAL PROVISIONS RELATING TO FRUIT NECTARS   "" ID="01">I. Fruits with aid juice unpalatable in the natural state"> ID="01">Passion fruit (Passiflora edulis)> ID="02">8> ID="03">25"> ID="01">Quito naranjillos (Solanum quitoense)> ID="02">5> ID="03">25"> ID="01">Blackcurrants> ID="02">8>  ID="03">25"> ID="01">Whitecurrants> ID="02">8> ID="03">25"> ID="01">Redcurrants> ID="02">8> ID="03">25"> ID="01">Gooseberries> ID="02">9> ID="03">30"> ID="01">Sallow-thorn berries (Hippophae)> ID="02">9> ID="03">25"> ID="01">Sloes> ID="02">8>  ID="03">30"> ID="01">Plums> ID="02">6> ID="03">30"> ID="01">Quetsches> ID="02">6> ID="03">30"> ID="01">Rowanberries> ID="02">8> ID="03">30"> ID="01">Rose hips (fruits of Rosa sp.)> ID="02">8> ID="03">40"> ID="01">Sour cherries> ID="02">8>  ID="03">35"> ID="01">Other cherries> ID="02">6 (1) > ID="03">40"> ID="01">Bilberries> ID="02">4> ID="03">40"> ID="01">Elderberries> ID="02">7> ID="03">50"> ID="01">Raspberries> ID="02">7> ID="03">40"> ID="01">Apricots> ID="02">3 (1) > ID="03">40">  ID="01">Strawberries> ID="02">5 (1) > ID="03">40"> ID="01">Mulberries/blackberries> ID="02">6> ID="03">40"> ID="01">Cranberries> ID="02">9> ID="03">30"> ID="01">Quinces> ID="02">7> ID="03">50"> ID="01">Lemons and limes> ID="02">-> ID="03">25">  ID="01">Other fruits belonging to this category> ID="02">-> ID="03">25"> ID="01">II. Low-acid, pulpy or highly flavoured fruits with juice unpalatable in the natural state"> ID="01">Mangos> ID="02">-> ID="03">35"> ID="01">Bananas> ID="02">->  ID="03">25"> ID="01">Guavas> ID="02">-> ID="03">25"> ID="01">Papayas> ID="02">-> ID="03">25"> ID="01">Lychees> ID="02">-> ID="03">25"> ID="01">Azeroles (Neapolitan medlars)> ID="02">-> ID="03">25"> ID="01">Soursop (Annona muricata)> ID="02">->  ID="03">25"> ID="01">Bullock's heart or custard apple (Annona reticulata)> ID="02">-> ID="03">25"> ID="01">Sugar apples> ID="02">-> ID="03">25"> ID="01">Pomegranates> ID="02">-> ID="03">25"> ID="01">Cashew fruits> ID="02">-> ID="03">25">  ID="01">Spanish plums (Spondia purpurea)> ID="02">-> ID="03">25"> ID="01">Umbu (Spondia tuberosa aroda)> ID="02">-> ID="03">30"> ID="01">Other fruits belonging to this category> ID="02">-> ID="03">25"> ID="01">III. Fruits with juice palatable in the  natural state"> ID="01">Apples> ID="02">3 (1) > ID="03">50"> ID="01">Pears> ID="02">3 (1) > ID="03">50"> ID="01">Peaches> ID="02">3 (1) > ID="03">45"> ID="01">Citrus fruits except lemons and limes> ID="02">5> ID="03">50"> ID="01">Pineapples>  ID="02">4> ID="03">50"> ID="01">Other fruits belonging to this category> ID="02">-> ID="03">50 ""> (1) Limit not applicable in the case of the product referred to in Article 3 (2) (c).      ANNEX II  TIME LIMITS FOR TRANSPOSAL   "" ID="01">75/726/EEC (OJ No L 311, 1. 12. 1975, p. 40)> ID="02">18 November 1977> ID="03">19 November 1978"> ID="01">79/168/EEC (OJ No L 37, 13. 2. 1979, p. 27)> ID="03">19 November 1981 (*)"> ID="01">81/487/EEC (OJ No L 189, 11. 7. 1981, p.  43)> ID="02">1 July 1983> ID="03">1 July 1984"> ID="01">89/394/EEC (OJ No L 186, 30. 6. 1989, p. 14)> ID="02">14 June 1990> ID="03">14 June 1991 ""(*) This time limit may be extended to four years by the Member States (19 November 1982).  >   ANNEX III  CORRELATION TABLE   "" ID="01">Article 1 Article 2 Article 3 Article 4 - Article 5 - Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 (1) (f) Article 16 (1) (g) Article 17 - Article 18 Article 19 Article 20 Annex I > ID="02">Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 first subparagraph Article 6 second subparagraph Article 7 Article 8 Article 9 Article 10 Article 11 Article 11 a Article 11 b Article 12 Article 13 Article 14 Article 16 (1) (g) Article 16 (1) (h) Article 17 Article 18 (1) and (2) Article 18 (3) - Article 19 Annex ">


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31990L0657

Council Directive 90/657/EEC of 4 December 1990 on transitional measures applicable in Germany in the context of the harmonization of technical rules

Official Journal L 353 , 17/12/1990 P. 0065 - 0072 Finnish special edition: Chapter 13 Volume 20 P. 0035  Swedish special edition: Chapter 13 Volume 20 P. 0035

COUNCIL DIRECTIVE  of 4 December 1990  on transitional measures applicable in Germany in the context of the harmonization of technical rules    (90/657/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,    Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,    Having regard to the proposal from the Commission(1),    In cooperation with the European Parliament(2),    Having regard to the opinion of the Economic and Social Committee(3),    Whereas the Community has adopted, with regard to the placing on the market and the use of products, a set of rules which are binding on all the Member States and on all economic operators;    Whereas from the date of German unification, Community law will be automatically applicable in the territory of the former German Democratic Republic; whereas such application may give rise to difficulties owing to the level of development of the  local economy;    Whereas under Article 8c of the Treaty the Commission is to take into account the extent of the effort that certain economies showing differences in development will have to sustain during the period of establishment of the internal market; whereas  the derogations that the Commission may propose to that end must be temporary and must cause the least possible disturbance to the functioning of the common market; whereas they must not, however, have the effect of jeopardizing the health and safety of  consumers;    Whereas the level of information available on the situation regarding the rules and regulations in force and regarding industry in the territory of the former German Democratic Republic is such that it is not possible to establish definitively the extent of the derogations; whereas, so that account can be taken of developments in that situation, a simplified procedure must be set up in accordance with the third indent of Article 145 of the Treaty for the purpose of adjusting and  administering the derogations,   HAS ADOPTED THIS DIRECTIVE:     Article 1  1.  By way of derogation from the Directives listed in Annexes A and B, the Federal Republic of Germany is authorized to maintain in force in the territory of the former German Democratic Republic the existing rules and regulations in respect  of products which have been or which are manufactured there, on condition that this does not affect the placing on the market and the free movement in that territory of products complying with the said Directives.    2.  This authorization shall be applicable to the Directives referred to in Annex A until 31 December 1992; in the case of the Directives referred to in Annex B, it shall apply under the conditions laid down in that Annex.    3.  The German authorities may extend the derogations provided for in paragraphs 1 and 2 to include products covered by the agreements referred to in Annexes I and II to Council Regulation (EEC) No 3568/90(4). Such measures shall be taken within the  limits of the maximum quantities and values laid down in the said agreements and to satisfy the market requirements of the former German Democratic Republic.    Article 2  1.  Without prejudice to paragraph 2, Member States shall ensure, in the context of product conformity checking procedures, that products which qualify for a derogation under Article 1 are not placed on markets other than that of the former  German Democratic Republic.   2.  The Federal Republic of Germany shall take all measures necessary to ensure that products not complying with the Directives referred to in Article 1 are not placed on the market in the territory of the Community other than the territory of the  former German Democratic Republic; such measures shall be compatible with the Treaty, and in particular with the objectives of Article 8a, and shall not give rise to any additional controls or formalities at frontiers between Member States.    3.  Any Member State may refer any difficulties to the Commission. The Commission shall, as a matter of urgency, examine the question and submit its conclusions, possibly accompanied by appropriate measures. Such measures shall be adopted according to  the procedure laid down in Article 5.    Article 3  1.  The rules and regulations whose maintenance in force is authorized under Article 1 and the control measures taken pursuant to Article 2 shall be notified to the Commission no later than the date on which the interim measures adopted  pursuant to Directive 90/476/EEC(5) are replaced by transitional measures and at any rate no later than 31 December 1990. Such rules, regulations and control measures as are notified to the Commission shall be immediately published in the Official  Journal of the European Communities.    2.  The Federal Republic of Germany shall report on the application of the measures taken pursuant to this Directive on 31 December 1991, 1992 and 1995. The report shall be forwarded to the Commission, which shall communicate it to the other Member  States and the European Parliament.    Article 4  1.  Adjusting measures to fill obvious loopholes and to make technical adjustments to those provided for in this Directive may be adopted in accordance with the procedure laid down in Article 5.    2.  Adjustments must be designed to ensure coherent application of Community rules in the sector covered by this Directive in the territory of the former German Democratic Republic, with due regard for the specific circumstances in that territory and  the special difficulties involved in the application of those rules.    They must be consistent with the principles of those rules, and be closely related to one of the derogations provided for by this Directive.   3.  The measures referred to in paragraph 1 shall be adopted not later than 31 December 1992. Their applicability shall be limited to the same period; however, where this Directive sets later time limits for derogations, those time limits shall apply.     Article 5  For the purposes of Article 2 (3) and Article 4, the Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by a representative of the Commission.    The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter.  The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.    The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.    If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.    If, on expiry of a period of one month from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.    Article 6  This Directive is addressed to the Member States.     Done at Brussels, 4 December 1990.   For the CouncilThe PresidentG. DE MICHELIS   (1)OJ No L 266, 28. 9. 1990, p. 4, as amended on 25 October 1990 and 28 November 1990.  (2)Opinion delivered on 24 October 1990 (not yet published in the Official Journal) and Decision of 21 November 1990 (not yet published in the Official Journal).  (3)Opinion delivered on 20 November 1990 (not yet published in the Official Journal).  (4)See page 1 of this Official Journal.  (5)OJ No L 266, 28. 9. 1990, p. 1.     ANNEX A  1. FOODSTUFFS 1.Council Directive of 23. 10. 1962 Colouring matters Date of adoption: 23. 10. 1962 OJ No 115, 11. 11. 1962, p. 2645/62 Council Directive 65/469/EEC First amendment to the Directive of 23. 10. 1962 Date of adoption: 25. 10. 1965 OJ No 178, 26. 10. 1965, p. 2793/65 Council Directive 81/20/EEC Seventh amendment to the Directive of 23. 10. 1962 Date of adoption: 20. 1. 1981 OJ No L 43, 14. 2. 1981, p. 11 2.Council Directive 64/54/EEC Preservatives Date of adoption: 5. 11. 1963 OJ No 12, 27. 1. 1964, p. 161/64 Council Directive 71/160/EEC Amendment to Directive 64/54/EEC Date of adoption: 30. 3. 1971 OJ No L 87, 17. 4. 1971, p. 12 Council Directive 14/62/EEC Ninth amendment to Directive 64/54/EEC Date of adoption: 17. 12. 1973 OJ No L 38, 11. 12. 1974, p. 29 Council Directive 74/394/EEC Tenth amendment to Directive 64/54/EEC Date of adoption: 22. 7. 1974 OJ No L 208, 30. 7. 1974, p. 25 Council Directive 76/462/EEC Eleventh amendment to Directive 64/54/EEC Date of adoption: 4. 5. 1976 OJ No L 126, 14. 5. 1976, p. 31 3.Council Directive 65/66/EEC Preservatives  criteria of purity Date of adoption: 26. 1. 1965 OJ No 22, 9. 2. 1965, p. 373/65 Council Directive 67/428/EEC First amendment to Directive 65/66/EEC Date of adoption: 27. 6. 1967 OJ No L 148, 11. 7. 1967, p. 10 Council Directive 76/463/EEC Second amendment to Directive 65/66/EEC Date of adoption: 4. 5. 1976 OJ No L 126, 14. 5. 1976, p. 33 Council Directive 86/604/EEC Third amendment to Directive 65/66/EEC Date of adoption: 8. 12. 1986 OJ No L 352, 13. 12. 1986, p. 45 Council Directive 67/427/EEC Use of certain preservatives for the surface treatment of citrus fruit and the control measures to be used for the qualitative and quantitative analysis of preservatives in and on citrus fruit Date of adoption: 27. 6. 1967 OJ No L 148, 11. 7. 1967, p. 1 4.Council Directive 70/357/EEC Antioxidants Date of adoption: 13. 7. 1970 OJ No L 157, 18. 7. 1970, p. 31 5.Council Directive 78/664/EEC Antioxidants  criteria of purity Date of adoption: 25. 7. 1978 OJ No L 223, 14. 8. 1978, p. 30 Council Directive 82/712/EEC First amendment to Directive 78/664/EEC Date of adoption: 18. 10. 1982 OJ No L 297, 23. 10. 1982, p. 31 6.Council Directive 73/241/EEC Cocoa and chocolate products Date of adoption: 24. 7. 1973 OJ No L 228, 16. 8. 1973, p. 23 Council Directive 75/155/EEC Third amendment to Directive 73/241/EEC Date of adoption: 4. 3. 1975 OJ No L 64, 11. 3. 1975, p. 21 Council Directive 76/628/EEC Fourth amendment to Directive 73/241/EEC Date of adoption: 20. 7. 1976 OJ No L 223, 16. 8. 1976, p. 1 Council Directive 78/609/EEC Fifth amendment to Directive 73/241/EEC Date of adoption: 29. 6. 1978 OJ No L 197, 22. 7. 1978, p. 10 Council Directive 80/608/EEC Seventh amendment to Directive 73/241/EEC Date of adoption: 30. 6. 1980 OJ No L 170, 3. 7. 1980, p. 33 Council Directive 89/344/EEC Amendment of Directive 73/241/EEC Date of adoption: 3. 5. 1989 OJ No L 142, 25. 5. 1989, p. 19 7.Council Directive 74/329/EEC Emulsifiers, stabilizers, thickeners and gelling agents Date of adoption: 18. 6. 1974 OJ No L 189, 12. 7. 1974, p. 1 Council Directive 78/612/EEC First amendment to Directive 74/329/EEC Date of adoption: 29. 6. 1978 OJ No L 197, 22. 7. 1978, p. 22 Council Directive 80/597/EEC Second amendment to Directive 74/329/EEC Date of adoption: 29. 5. 1980 OJ No L 155, 23. 6. 1980, p. 23 Council Directive 86/102/EEC Fourth amendment to Directive 74/329/EEC Date of adoption: 24. 3. 1986 OJ No L 88, 3. 4. 1986, p. 40 8.Council Directive 78/663/EEC Emulsifiers, stabilizers, thickeners and gelling agents  criteria of purity Date of adoption: 25. 7. 1978 OJ No L 223, 14. 8. 1978, p. 7 Council Directive 82/504/EEC Amendment of Directive 78/663/EEC Date of adoption: 12. 7. 1982 OJ No L 230, 5. 8. 1982, p. 35 9.Council Directive 77/436/EEC Coffee extracts and chicory extracts Date of adoption: 27. 6. 1977 OJ No L 172, 12. 7. 1977, p. 20 Council Directive 85/573/EEC Amendment of Directive 77/436/EEC Date of adoption: 19. 12. 1985 OJ No L 372, 31. 12. 1985, p. 22 10.Council Directive 78/142/EEC Materials and articles which contain vinyl chloride monomer Date of adoption: 30. 1. 1978 OJ No L 44, 15. 2. 1978, p. 15 11.Council Directive 79/112/EEC Labelling and presentation Date of adoption: 18. 12. 1978 OJ No L 33, 8. 2. 1979, p. 1 Council Directive 86/197/EEC Amendment of Directive 79/112/EEC Date of adoption: 26. 5. 1986 OJ No L 144, 29. 5. 1986, p. 38 Council Directive 89/395/EEC Amendment of Directive 79/112/EEC Date of adoption: 14. 7. 1989 OJ No L 186, 30. 6. 1989, p. 17 12.Council Directive 80/777/EEC Mineral waters Date of adoption: 15. 7. 1980 OJ No L 229, 30. 8. 1980, p. 1 13.Council Directive 89/107/EEC Additives Date of adoption: 21. 12. 1988 OJ No L 40, 11. 2. 1989, p. 27 14.Council Directive 82/711/EEC Migration of the constituents of plastic materials and articles Date of adoption: 18. 10. 1982 OJ No L 297, 23. 10. 1982, p. 26 Council Directive 85/572/EEC List of stimulants to be used for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs Date of adoption: 19. 12. 1985 OJ No L 372, 31. 12. 1985, p. 14 15.Council Directive 83/417/EEC Lactoproteins  caseins and caseinates Date of adoption: 25. 7. 1983 OJ No L 237, 26. 8. 1983, p. 25 16.Council Directive 84/500/EEC Ceramic articles Date of adoption: 15. 10. 1984 OJ No L 277, 20. 10. 1984, p. 12 17.Council Directive 85/591/EEC Methods of sampling and analysis Date of adoption: 20. 12. 1985 OJ No L 372, 31. 12. 1985, p. 50 18.Council Directive 83/229/EEC Materials and articles made of regenerated cellulose film Date of adoption: 25. 4. 1983 OJ No L 123, 11. 5. 1983, p. 31 19.Council Directive 88/344/EEC Extraction solvents Date of adoption: 13. 6. 1988 OJ No L 157, 24. 6. 1988, p. 28 20.Council Directive 88/388/EEC Flavourings Date of adoption: 22. 6. 1988 OJ No L 184, 15. 7. 1988, p. 61 21.Council Directive 89/108/EEC Quick-frozen foodstuffs Date of adoption: 21. 12. 1988 OJ No L 40, 11. 12. 1989, p. 34 22.Council Directive 89/396/EEC Indications or marks identifying the lot to which a foodstuff belongs Date of adoption: 14. 6. 1989 OJ No L 186, 30. 5. 1989, p. 21 23.Council Directive 89/398/EEC Foodstuffs intended for particular nutritional uses Date of adoption: 3. 5. 1989 OJ No L 186, 30. 5. 1989, p. 27  2.  CHEMICAL SUBSTANCES AND PREPARATIONS 1.Council Directive 73/173/EEC (superseded from 7. 6. 1991 by 88/379/EEC) Classification, packaging and labelling of dangerous substances (solvents) Date of adoption: 4. 6. 1973 OJ No L 189, 11. 7. 1973, p. 7 Council Directive 80/781/EEC(superseded from 7. 6. 1991 by 88/379/EEC) Amendment of Directive 73/173/EEC Date of adoption: 22. 7. 1980 OJ No L 229, 30. 8. 1980, p. 57 Council Directive 82/473/EEC (superseded from 7. 6. 1991 by 88/379/EEC) Adaptation to technical progress of Directive 73/173/EEC Date of adoption: 10. 6. 1982 OJ No L 213, 21. 7. 1982, p. 17 2.Council Directive 73/404/EEC Detergents Date of adoption: 22. 11. 1973 OJ No L 347, 17. 12. 1973, p. 51 Council Directive 82/242/EEC First amendment to Directive 73/404/EEC relating to methods of testing the biodegradability of non-ionic surfactants Date of adoption: 31. 3. 1982 OJ No L 109, 22. 4. 1982, p. 1 Council Directive 86/94/EEC Second amendment to Directive 73/404/EEC Date of adoption: 10. 3. 1986 OJ No L 80, 25. 3. 1986, p. 51 3.Council Directive 73/405/EEC Methods of testing the biodegradability of anionic surfactants Date of adoption: 22. 11. 1973 OJ No L 347, 17. 12. 1973, p. 53 Council Directive 82/243/EEC Amendment of Directive 73/405/EEC Date of adoption: 31. 3. 1982 OJ No L 109, 22. 4. 1982, p. 18 4.Council Directive 76/769/EEC Restrictions on the marketing and use of certain dangerous substances and preparations Date of adoption: 27. 7. 1976 OJ No L 262, 27. 9. 1976, p. 201 Council Directive 79/663/EEC Supplement to the first amendment to Directive 76/769/EEC (extension of the list of restrictions) Date of adoption: 24. 7. 1979 OJ No L 197, 3. 8. 1979, p. 37 Council Directive 82/806/EEC Second amendment (benzene) to Directive 76/769/EEC Date of adoption: 22. 11. 1982 OJ No L 339, 1. 12. 1982, p. 55 Council Directive 82/828/EEC Third amendment (PCT) to Directive 76/769/EEC Date of adoption: 3. 12. 1982 OJ No L 350, 10. 12. 1982, p. 34 Council Directive 83/264/EEC Fourth amendment to Directive 76/769/EEC Date of adoption: 16. 5. 1983 OJ No L 147, 6. 6. 1973, p. 9 Council Directive 83/478/EEC Fourth amendment to Directive 76/769/EEC Date of adoption: 19. 9. 1983 OJ No L 263, 24. 9. 1983, p. 33 Council Directive 85/467/EEC Sixth amendment (PCBS/PCTS) to Directive 76/769/EEC Date of adoption: 1. 10. 1985 OJ No L 269, 11. 10. 1985, p. 56 Council Directive 85/610/EEC Seventh amendment (asbestos) of Directive 76/769/EEC Date of adoption: 20. 12. 1985 OJ No L 375, 31. 12. 1985, p. 1 Council Directive 89/677/EEC Eighth amendment to Directive 76/769/EEC Date of adoption: 21. 12. 1989 OJ No L 398, 30. 12. 1989, p. 19 5.Council Directive 77/728/EEC (superseded from 7. 6. 1991 by Directive 88/379/EEC) Classification, packaging and labelling of paints, varnishes, printing inks, adhesives and similar products Date of adoption: 7. 11. 1977 OJ No L 303, 28. 11. 1977, p. 23 Council Directive 83/265/EEC (superseded from 7. 6. 1991 by Directive 88/379/EEC) Amendment to Directive 77/728/EEC Date of adoption: 16. 5. 1983 OJ No L 147, 6. 6. 1983, p. 11 Council Directive 86/508/EEC (superseded from 7. 6. 1991 by Directive 88/379/EEC) Second adaptation to technical progress of Directive 77/728/EEC Date of adoption: 7. 10. 1986 OJ No L 295, 18. 10. 1986, p. 31 6.Council Directive 78/631/EEC Classification, packaging and labelling of dangerous substances (pesticides) Date of adoption: 26. 6. 1978 OJ No L 206, 29. 7. 1978, p. 13 Council Directive 81/187/EEC Amendment of Directive 78/631/EEC Date of adoption: 23. 6. 1981 OJ No L 88, 2. 4. 1981, p. 29 7.Council Directive 88/379/EEC Approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations Date of adoption: 7. 6. 1988 OJ No L 187, 16. 7. 1988, p. 14  3.  PHARMACEUTICAL PRODUCTS 1.Chapter IV of Council Directive 75/319/EEC Approximation of the provisions laid down by law, regulation, or administrative action relating to proprietary medicinal products Date of adoption: 20. 5. 1975 OJ No L 147, 9. 6. 1975, p. 13 2.Chapter V of Council Directive 81/851/EEC Approximation of the laws of the Member States relating to veterinary medicinal products Date of adoption: 28. 9. 1981 OJ No L 317, 6. 11. 1981, p. 1  4.  COSMETICS 1.Council Directive 76/768/EEC Cosmetic products Date of adoption: 27. 7. 1976 OJ No L 262, 27. 9. 1976, p. 169 Council Directive 79/661/EEC First amendment to Directive 76/768/EEC Date of adoption: 24. 7. 1979 OJ No L 192, 31. 7. 1979, p. 35 Council Directive 82/368/EEC Second amendment to Directive 76/768/EEC Date of adoption: 17. 5. 1982 OJ No L 167, 15. 6. 1982, p. 1 Council Directive 83/574/EEC Third amendment to Directive 76/768/EEC Date of adoption: 26. 10. 1983 OJ No L 332, 28. 11. 1983, p. 38 Council Directive 88/667/EEC Fourth amendment to Directive 76/768/EEC Date of adoption: 21. 12. 1988 OJ No L 382, 31. 12. 1988, p. 46 Council Directive 89/679/EEC Fifth amendment to Directive 76/768/EEC Date of adoption: 21. 12. 1989 OJ No L 398, 30. 12. 1989, p. 25  5.  TELECOMMUNICATIONS Council Directive 87/372/EEC Public pan-European cellular digital land-base mobile communications  frequency bands Date of adoption: 25. 6. 1987 OJ No L 196, 17. 7. 1987, p. 85  6.  MACHINERY AND ELECTRICAL EQUIPMENT 1.Council Directive 86/295/EEC Roll-over protective structures (ROPS) for certain construction plant Date of adoption: 25. 5. 1986 OJ No L 186, 8. 7. 1986, p. 1 2.Council Directive 86/296/EEC Falling-object protective structures (FOPS) for certain construction plant Date of adoption: 26. 5. 1986 OJ No L 186, 8. 7. 1986, p. 10 3.Council Directive 86/663/EEC Self-propelled industrial trucks Date of adoption: 22. 12. 1986 OJ No L 384, 31. 12. 1986, p. 12 4.Council Directive 82/130/EEC Electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp Date of adoption: 15. 2. 1982 OJ No L 59, 2. 3. 1982, p. 10  7.  TEXTILES 1.Council Directive 71/307/EEC Textile names Date of adoption: 26. 7. 1971 OJ No L 185, 16. 8. 1971, p. 16 Council Directive 75/36/EEC First amendment to Directive 71/307/EEC Date of adoption: 17. 12. 1974 OJ No L 14, 20. 1. 1975, p. 15 Council Directive 83/623/EEC Second amendment to Directive 71/307/EEC Date of adoption: 25. 11. 1983 OJ No L 353, 15. 12. 1983, p. 8 2.Council Directive 72/276/EEC Methods for the quantitative analysis of binary textile fibre mixtures Date of adoption: 17. 7. 1972 OJ No L 173, 31. 7. 1972, p. 1 Council Directive 81/75/EEC Amendment to Directive 72/276/EEC Date of adoption: 17. 2. 1981 OJ No L 57, 4. 3. 1981, p. 23 3.Council Directive 73/44/EEC Methods for the quantitative analysis of ternary textile fibre mixtures Date of adoption: 26. 2. 1973 OJ No L 83, 30. 3. 1973, p. 1  8.  PREPACKAGES Council Directive 75/106/EEC, as last amended by Directive 89/676/EEC Making-up by volume of certain prepackaged liquids Date of adoption: 19. 12. 1974 OJ No L 42, 15. 2. 1975, p. 1 and as regards the 0,70 cl packages referred to at points 1(a) and 2(a) of Annex III.  Date of adoption: 21. 12. 1989 OJ No L 398, 30. 12. 1989, p. 18  9.  CRYSTAL GLASS Council Directive 69/495/EEC Crystal glass Date of adoption: 15. 12. 1969 OJ No L 326, 29. 12. 1969, p. 36  10.  TOBACCO PRODUCTS 1.Council Directive 89/622/EEC Labelling of tobacco products Date of adoption: 13. 11. 1989 OJ No L 357, 8. 12. 1989, p. 1 2.Council Directive 90/239/EEC Maximum tar yield of cigarettes Date of adoption: 17. 5. 1990 OJ No L 137, 30. 5. 1990, p. 36    ANNEX B Council Directive 75/319/EEC Approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products Date of adoption: 20. 5. 1975 OJ No L 147, 9. 6. 1975, p. 13 The provisions of this Directive, other than those of Chaper IV, are being applied progressively to medicinal products placed on the market under previous provisions so that all products will have been reviewed by 31 December 1995.  Council Directive 81/851/EEC Approximation of the laws of the Member States relating to veterinary medicinal products Date of adoption: 28. 9. 1981 OJ No L 317, 6. 11. 1981, p. 1 The provisions of this Directive, other than those of Chaper V, are being applied progressively to medicinal products placed on the market under previous provisions so that all products will have been reviewed by 31 December 1995.


title: Commission Directive 2007/53/EC of 29 August 2007 amending Council Directive 76/768/EEC concerning cosmetic products for the purposes of adapting Annex III thereto to technical progress (Text with EEA relevance )

text:
               30.8.2007

               EN

               Official Journal of the European Union

               L 226/19

         COMMISSION DIRECTIVE 2007/53/EC
   of 29 August 2007
   amending Council Directive 76/768/EEC concerning cosmetic products for the purposes of adapting Annex III thereto to technical progress
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), and in particular Article 8(2) thereof,
   After consulting the Scientific Committee on Consumer Products,
   Whereas:

               (1)

               Fluorine compounds are currently listed in and subject to restrictions and conditions laid down in Annex III, Part 1 of Directive 76/768/EEC. The Scientific Committee on Consumer Products (SCCP) is of the opinion that if the sole source of fluoride exposure is toothpaste containing fluoride between 1 000 to 1 500 ppm, there is a minimal concern that children under the age of six will develop fluorosis, provided that such toothpaste is used as recommended. Therefore, reference numbers 26 to 43, and reference numbers 47 and 56 of Annex III, Part 1 should be amended accordingly.

               (2)

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

               (3)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex III of Directive 76/768/EEC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 19 April 2008 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 together with a correlation table of those provisions and this Directive.
   They shall apply those provisions from 19 January 2009.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the texts of the main provisions of domestic law which they adopt in the field governed by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 29 August 2007.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 262, 27.9.1976, p. 169. Directive last amended by Commission Directive 2007/22/EC (OJ L 101, 18.4.2007, p. 11).
   ANNEX
   In reference numbers 26 to 43, and reference numbers 47 and 56 of Part 1 of Annex III to Directive 76/768/EEC, the following text is added after each entry in column f:

      ‘For any toothpaste containing 0,1 to 0,15 % fluoride unless it is already labelled as contra-indicated for children (e.g. “for adult use only”) the following labelling is obligatory:

         “Children of 6 years and younger: Use a pea sized amount for supervised brushing to minimize swallowing. In case of intake of fluoride from other sources consult a dentist or doctor.”’


Avis juridique important

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31975L0155

Council Directive 75/155/EEC of 4 March 1975 amending, for the third time, Council Directive No 73/241/EEC on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption

Official Journal L 064 , 11/03/1975 P. 0021 - 0024 Finnish special edition: Chapter 13 Volume 4 P. 0080  Greek special edition: Chapter 03 Volume 33 P. 0059  Swedish special edition: Chapter 13 Volume 4 P. 0080  Spanish special edition: Chapter 13 Volume 4 P. 0074  Portuguese special edition Chapter 13 Volume 4 P. 0074

COUNCIL DIRECTIVE  of 4 March 1975  amending, for the third time, Council Directive No 73/241/EEC on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption  (75/155/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Committee;  Whereas it appears that the present wording of certain provisions of Council Directive No 73/241/EEC (2) of 24 July 1973 on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption, as last amended by Directive No 74/644//EEC (3), may give rise to various interpretations;  Whereas Article 6 (1) of that Directive could, in certain cases, be interpreted to exclude the sale of bars or tablets of chocolate products weighing 85 g per unit, which weight is very common in some Member States ; whereas the methods for indicating the net weight on the products whose standard weight is less than 50 g per unit and presented in packages containing two or more such products whose weight is not less than 50 g are open to interpretation ; whereas the definitions adopted in Annex I for the various chocolate products containing milk in all its different forms might unduly restrict the manufacturer's choice of raw materials ; whereas, when aromatic substances other than ethyl vanillin are used, an indication of the name of the substance or substances used is not required when the products are marketed but only the nature of the taste or the flavour which they produce ; whereas it is understood that reference may be made to milk and milk products when marketing white chocolate;  Whereas these provisions should therefore be worded more clearly;  Whereas it appears necessary to complete the headings of the products defined in Annex I (1), headings 1.11 and 1.13, in certain languages;  Whereas the name "Kuvertüre" should be accepted in the German version for products listed in Annex I (1), heading 1.20, in accordance with trade practices;  Whereas the description "filled chocolate" is not in common usage in English ; whereas the use of other names better known to consumers should therefore also be authorized;  Whereas Directive No 73/241/EEC does not provide for the labelling of large packages not intended for retail as have recent Directives on foodstuffs and in  (1)OJ No C 5, 8.1.1975, p. 65. (2)OJ No L 228, 16.8.1973, p. 23. (3)OJ No L 349, 28.12.1974, p. 63.   particular Council Directive No 74/409/EEC (1) of 22 July 1974 on the harmonization of the laws of the Member States relating to honey ; whereas this situation must be remedied;  Whereas Directive No 74/644/EEC postponed to 1 July 1975 the date by which national laws should be aligned with the provisions of Directive No 73/241/EEC but did not alter the dates on which those provisions shall apply;  Whereas the reduction of the period between the incorporation of these provisions in national laws and their implementation may give rise to practical difficulties ; whereas the period for implementing these rules provided by Directive No 73/241/EEC should therefore be extended in order to permit trade in these products in accordance with the said provisions as from 1 January 1976 and to prohibit trade in products not in accordance with the provisions as from 1 January 1977,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive No 73/241/EEC shall be amended in accordance with the following Articles.   Article 2 The following subparagraph shall be added to Article 3 (1):  "- the name "filled chocolate" may be replaced in English by one of the following : "chocolate with ... filling", "chocolate with ... centre"."   Article 3 The following shall be substituted for Article 6 (1):  "1. Chocolate, plain chocolate, gianduja nut chocolate, milk chocolate, milk chocolate with high milk content, gianduja nut milk chocolate, white chocolate and filled chocolate, in the form of bars or tablets each weighing not less than 85 g and not more than 500 g, shall be marketed in the following individual weights only : 85 g, 100 g, 125 g, 150 g, 200 g, 250 g, 300 g, 400 g and 500 g."   Article 4 The following shall be substituted for Article 7 (1) (e):  "(e) the net weight, unless the products weigh less than 50 g ; however, in the case of products weighing less than 50 g per unit and presented in packages containing two or more such products whose total net weight on the outer wrapper or the individual net weight on each unit wrapper in so far as this is clearly legible from the outside ; in the case of hollow moulded products this information may be replaced by the minimum net weight."   Article 5 The following paragraph 2 (a) shall be added to Article 7:  "2. (a) Where the products defined in Annex I are put up in packages or containers holding a net weight of not less than 10 kilogrammes and are not retailed, the information referred to in paragraph 1 (b), (c), (d) and (e), together with the information referred to in paragraph 1 (f) for products defined in Annex I, headings 1.1 to 1.7, may appear only in the accompanying documents."   Article 6 The following shall be substituted for the first sentence of Article 14 (2) (c):  "Prohibiting the marketing of products presented in the form of bars or tablets weighing more than 75 g and not more than 85 g."   Article 7 The following shall be substituted for the second sentence of the first paragraph and the second paragraph of Article 15:  "The laws thus amended shall be applied in such a way as to:    - permit trade in products complying with the provisions laid down in this Directive, as from 1 January 1976,       - prohibit trade in products not complying with the provisions laid down in this Directive, as from 1 January 1977."   Article 8 In Annex I (1) the following shall be substituted for the title of heading 1.11:  - in the German version:  "1.11. gezuckertes Haushaltskakaopulver, gezuckerter Haushaltskakao, Haushaltsschokoladenpulver";  - in the French version:  "1.11. cacao de ménage sucré en poudre, cacao de ménage sucré, chocolat de ménage en poudre";  (1)OJ No L 221, 12.8.1974, p. 10.   - in the Italian version:  "1.11. cacao comune zuccherato in polvere, cacao comune zuccherato, cioccolato comune in polvere";  - in the Dutch version:  "1.11. gesuikerd huishoudcacaopoeder, gesuikerde huishoudcacao, huishoudchocoladepoeder".   Article 9 In Annex I (1), the following shall be substituted for the title of heading 1.13:    - in the German version:  "1.13. fettarmes oder mageres, gezuckertes Haushaltskakaopulver, fettarmer oder magerer, gezuckerter Haushaltskakao, stark entöltes, gezuckertes Haushaltskakaopulver, stark entölter, gezuckerter Haushaltskakao";    - in the French version:  "1.13 cacao de ménage maigre sucré en poudre, cacao de ménage maigre sucré, cacao de ménage fortement dégraissé sucré en poudre, cacao de ménage fortement dégraissé sucré";    - in the Italian version:  "1.13. cacao comune magro zuccherato in polvere, cacao comune magro zuccherato, cacao comune fortemente sgrassato zuccherato in polvere, cacao comune fortemente sgrassato zuccherato";    - in the Dutch version:  "1.13. gesuikerd mager huishoudcacaopoeder, gesuikerde magere huishoudcacao, gesuikerde sterk ontvet huishoudcacaopoeder, gesuikerde sterk ontvette huishoudcacao."   Article 10 In Annex I (1) heading 1.14, the word "acidity" shall be replaced by : "free fatty acid content".   Article 11 In Annex I (1) the word "Kurverture" shall be added to the German version of the title of heading 1.20.   Article 12 In Annex I (1) the following shall be substituted for heading 1.21:  "1.21. Milk chocolate  the product obtained from cocoa nib, cocoa mass, cocoa powder or fat-reduced cocoa powder and sucrose, with or without added cocoa butter, and also from milk or from solids obtained by partially or totally dehydrating whole milk or from partially or wholly skimmed milk, and where appropriate, from cream, partially or totally dehydrated cream, butter or butter fat ; it shall have the following characteristics, subject to the definitions of milk chocolate vermicelli, gianduja nut milk chocolate and couverture milk chocolate:    - total dry cocoa solids not less than 25 %       - dry non-fat cocoa solids not less than 2.5 %       - total dry milk solids derived from the ingredients listed above not less than 14 %       - butter fat not less than 3.5 %       - total fat not less than 25 %       - sucrose not more than 55 %;         these percentages being calculated after the weight of the additions provided for in paragraphs 5 to 8 has been deducted."   Article 13 In Annex I (1) the following shall be substituted for heading 1.22:  "1.22. Milk chocolate with high milk content  the produce obtained from cocoa nib, cocoa mass, cocoa powder or fat-reduced cocoa powder and sucrose, with or without added cocoa butter, and also from milk or from solids obtained by partially or totally dehydrating whole milk or from partially or wholly skimmed milk, and, possibly, from cream, partially or totally dehydrated cream, butter or butter fat;  it shall have the following characteristics:    - total dry cocoa solids not less than 20 %       - dry non-fat cocoa solids not less than 2.5 %       - total dry milk solids derived from the ingredients listed above not less than 20 %       - butter fat not less than 5 %       - total fat not less than 25 %       - sucrose not more than 55 %;         these percentages being calculated after the weight of the additions provided for in paragraphs 5 to 8 has been deducted."    Article 14 In Annex I (1), the following shall be substituted for heading 1.23:  "1.23. Milk chocolate vermicelli, milk chocolate flakes milk chocolate in the form of granules or flakes having the following characteristics which differ from those laid down in paragraph 1, heading 1.21:    - total dry cocoa solids not less than 20 %       - total dry milk solids derived from the ingredients listed in heading 1.21 not less than 12 %       - butter fat not less than 3 %       - total fat not less than 12 %       - sucrose not more than 66 %."          Article 15 In Annex I (1), the following shall be substituted for heading 1.24:  "1.24. Gianduja (or one of the derivatives of the word "gianduja") nut milk chocolate  the product obtained, firstly, from milk chocolate having a minimum dry milk solids content content of 10 % and, secondly, from finely ground hazelnuts such that 100 g of the product contain not more than 40 g and not less than 15 g of hazelnuts. Almonds, hazelnuts and other nut varieties may also be added, either whole or broken, in such quantities that, together with the ground hazelnuts, they do not exceed 60 % of the total weight of the product."   Article 16 In Annex I (1), the following shall be substituted for heading 1.26:  "1.26. White chocolate  the product free of colouring matters, obtained from cocoa butter, sucrose and from milk or solids obtained by partially or totally dehydrating whole milk or partially or wholly skimmed milk, and, possibly, from cream, partially or wholly dehydrated cream, butter or butter fat ; it shall have the following characteristics:    - cocoa butter not less than 20 %       - total dry milk solids derived from the ingredients listed above not less than 14 %       - butter fat not less than 3.5 %       - sucrose not more than 55 %;         these percentages being calculated after the weight of the additions provided for in paragraphs 5 to 8 has been deducted."   Article 17 In Annex I, paragraph 5 (b), the following shall be substituted for the second indent of the second paragraph:  "- where flavouring substances other than ethyl vanillin are employed, by adding to the name the statement "... taste" or "... flavour" with a statement, in characters of equal size, indicating the nature of the taste or flavour. Any reference to a natural source should be restricted to natural flavouring substances;"   Article 18 In Annex I, paragraph 7 (b), the following shall be substituted for the text under (i):  "(i) milk and milk products when the finished product is not milk chocolate, milk chocolate with high milk content, couverture milk chocolate or white chocolate;"   Article 19 Member States shall take the measures needed in order to comply with this Directive before 1 July 1975 and shall forthwith inform the Commission thereof.   Article 20 This Directive is addressed to the Member States.     Done at Brussels, 4 March 1975.  For the Council  The President  M.A. CLINTON