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31968L0415

Council Directive 68/415/EEC of 20 December 1968 concerning freedom of access to the various forms of aid for farmers who are nationals of one Member State and established in another Member State

Official Journal L 308 , 23/12/1968 P. 0017 - 0018 Finnish special edition: Chapter 6 Volume 1 P. 0088  Danish special edition: Series I Chapter 1968(II) P. 0578  Swedish special edition: Chapter 6 Volume 1 P. 0088  English special edition: Series I Chapter 1968(II) P. 0589  Greek special edition: Chapter 06 Volume 1 P. 0114  Spanish special edition: Chapter 06 Volume 1 P. 0110  Portuguese special edition Chapter 06 Volume 1 P. 0110

COUNCIL DIRECTIVE  of 20 December 1968  concerning freedom of access to the various forms of aid for farmers who are nationals of one Member State and established in another Member State  (68/415/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (2) and (3) thereof;  Having regard to the General Programme for the abolition of restrictions on freedom of establishment 1, and in particular Title IV F 5 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 2;  Having regard to the Opinion of the Economic and Social Committee 3;  Whereas the General Programme for the abolition of restrictions on freedom of establishment includes a special time-table for the attainment of such freedom in agriculture, which takes into account the particular nature of agricultural activities ; whereas the fifth series of measures provided for in that time-table entails that, at the beginning of the third stage, each Member State will ensure that farmers who are nationals of other Member States have access to the various forms of aid on the same terms as its own nationals;  Whereas the provisions of the General Programme cover all kinds of aid, in whatever form given, granted to a farmer established in the host country for himself, the assets which he exploits, the means he uses or the goods he produces ; whereas, however, benefits under social security and social insurance schemes, which, in accordance with the time-table laid down in the General Programme, will be governed by rules adopted at the end of the transitional period, should be excluded from the scope of this Directive;  Whereas beneficiaries under the Council Directive of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment in agriculture in the territory of a Member State in respect of nationals of other countries of the Community who have been employed as paid agricultural workers in that Member State for a continuous period of two years 4 and beneficiaries under the Council Directive of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment on agricultural holdings abandoned or left uncultivated for more than two years 5 already enjoy the same treatment as nationals of the Member State concerned with regard to access to the various forms of aid;  Whereas the right of beneficiaries to obtain repayable loans, including any loans at subsidised rates of interest, is already recognised under the Council Directive of 5 April 1968 concerning freedom of access to the various forms of credit for farmers who are nationals of one Member State and established in another Member State 6;  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States, acting in accordance with the following provisions, shall abolish in respect of nationals and companies or firms of other Member States pursuing activities as self-employed persons in agriculture of establishing themselves for that purpose (hereinafter called "beneficiaries") all restrictions on access to the various forms of aid.  1OJ No 2, 15.1.1962, p. 36/62. 2OJ No C 55, 5.6.1968, p. 16. 3OJ No 158, 18.7.1967, p. 7. 4OJ No 62, 20.4.1963, p. 1323/63. 5OJ No 62, 20.4.1963, p. 1326/63. 6OJ No L 93, 17.4.1968, p. 13.    Article 2 1. For the purposes of this Directive, "access to the various forms of aid" means the right of beneficiaries to obtain aids, whether financial or in kind, and in whatever form, on the same terms as those applicable to nationals of the State in which they are established and in particular subsidies, security for loans, subsidised rates of interest and tax exemptions, but excluding benefits under social security and social insurance schemes.  2. For the purposes of this Directive, "agricultural activities" means:  - activities falling within Annex V to the General Programme for the abolition of restrictions on freedom of establishment (ex Major Group 01, Agriculture, of the International Standard Industrial Classification of all Economic Activities) 1, and in particular:    (a) general agriculture including the growing of field crops and viticulture ; growing of fruits, nuts, seeds, vegetables, flowers, both in the open and under glass;       (b) raising of livestock, poultry, rabbits, furbearing or other animals, bees ; and the production of meat, milk, wool, skins and fur, eggs, honey;  - felling of timber, commercial exploitation of woodlands, and planting and re-planting of trees, where such operations are practised as ancillary activities and are compatible with a Member State's internal legislation and in particular with land utilisation plans.          Article 3 Member States shall abolish the following restrictions:    - those which in pursuance of provisions laid down by law, regulation or administrative action deny beneficiaries access to the various forms of aid or make such access subject to special conditions;       - those existing by reason of administrative practices which result in treatment being applied to beneficiaries as regards access to the various forms of aid that is discriminatory by comparison with that applied to nationals.         Member States shall, moreover, be responsible for seeing that discrimination against beneficiaries is avoided irrespective of the nature of the agency issuing the aids referred to in this Directive.   Article 4 No Member State shall grant to its nationals, with a view to or on the occasion of their establishment in another Member State, any direct or indirect aid including in particular any aid in the form of a loan, which would result in distortion of the conditions of establishment in the host country.   Article 5 Member States shall take the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.   Article 6 This Directive is addressed to the Member States.     Done at Brussels, 20 December 1968.  For the Council  The President  V. LATTANZIO  1Statistical Office of the United Nations, Statistical Papers, Series M No 4, Rev. 1 (New York, 1958).


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31971L0307

Council Directive 71/307/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to textile names

Official Journal L 185 , 16/08/1971 P. 0016 - 0026 Finnish special edition: Chapter 15 Volume 1 P. 0145  Danish special edition: Series I Chapter 1971(II) P. 0623  Swedish special edition: Chapter 15 Volume 1 P. 0145  English special edition: Series I Chapter 1971(II) P. 0694  Greek special edition: Chapter 13 Volume 1 P. 0127  Spanish special edition: Chapter 13 Volume 2 P. 0006  Portuguese special edition Chapter 13 Volume 2 P. 0006

COUNCIL DIRECTIVE of 26 July 1971 on the approximation of the laws of the Member States relating to textile names (71/307/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 Parliament1;  Having regard to the Opinion of the Economic and Social Committee2;  Whereas, in most Member States, textile products are subject to mandatory provisons with regard to their names, composition and labelling;  Whereas these provisions vary from one Member State to another and consequently hinder the establishment and proper functioning of the common market;  Whereas these hindrances can be eliminated by laying down uniform rules for placing textile products on the market at Community level ; whereas it is therefore necessary to harmonise the names of textile fibres and the particulars appearing on labels, markings and documents which accompany textile products at the various stages of their production, processing and distribution;  Whereas provision should also be made in respect of certain products which are not made exclusively of textile materials but have a textile content which constitutes an essential part of the product or to which attention is specifically drawn by the producer, processor or trader;  Whereas, in order to achieve the objective underlying national provisions in this field, labelling should be compulsory;  Whereas the use of descriptions or names which enjoy particular prestige among users and consumers should be made subject to certain conditions;  Whereas it will be necessary at a later stage to lay down textile sampling and analysing methods in order to exclude any possibility of objections to the methods used ; whereas, however, the provisional retention of the national methods currently in force does not prevent the application of uniform rules;  Whereas it is not advisable in a special directive on textile products to harmonise all the provisions applicable to such products;  HAS ADOPTED THIS DIRECTIVE:     Article 1 Textile products may be marketed within the Community, either before or during their industrial processing or at any of the distribution stages, only where such products comply with the provisions of this Directive.    Article 2 1. For the purposes of this Directive, "textile products" means any raw, semi-worked, worked, semi-manufactured, manufactured, semi-made-up or made-up products which are exclusively composed of textile fibres, regardless of the mixing or assembly process employed.  2. For the purposes of this Directive, "textile fibre" means a unit of matter characterised by its flexibility,  1 OJ No C 2, 8.1.1970, p. 41. 2 OJ No C 10, 27.1.1970, p. 9.  fineness and high ratio of length to thickness which render it suitable for textile applications.  3. The following shall be treated in the same way as textile products and shall be subject to the provisions of this Directive:    - products containing at least 80 % by weight of textile fibres;       - furniture, umbrella and sunshade coverings containing at least 80 % by weight of textile components ; similarly, the textile components of multi-layer floor coverings, of mattresses and of camping goods, and warm linings of footwear, gloves, mittens and mitts, provided such parts or linings constitute at least 80 % by weight of the complete article;       - textiles incorporated in other products and forming an integral part thereof, where their composition is specified.           Article 3 1. The names and descriptions of fibres within the meaning of Article 2 are listed in Annex I.  2. Use of the names appearing in the table in Annex I shall be reserved for fibres whose nature is specified under the same item of that table.  3. None of these names may be used for any other fibre, whether on their own or as a root or as an adjective, in any language whatsoever.  4. The word "silk" may not be used to indicate the shape or particular presentation in continuous yarn of textile fibres.    Article 4 1. No textile product may be described as "100 % ", "pure" or "all" unless it is exclusively composed of the same fibre ; no similar term may be used.  2. A textile product may contain up to 2 % by weight of other fibres, provided this quantity is justified on technical grounds and is not added as a matter of routine. This tolerance shall be increased to 5 % in the case of textile products which have undergone a carding process.    Article 5 1. A wool product may be described as:  - "laine vierge" or "laine de tonte"  - "Schurwolle"    - "lana virgine" or "lana di tosa"       - "scheerwol"         only if it is composed exclusively of a fibre which has not previously been incorporated in a finished product, which has not been subjected to any spinning and/or felting processes other than those required in the manufacture of that product, and which has not been damaged by treatment or use.  2. By way of derogation from the provisions of paragraph 1, the above expressions may be used to describe wool contained in a fibre mixture when:    (a) all the wool contained in that mixture satisfies the requirements defined in paragraph 1;       (b) this wool accounts for not less than 25 % of the total weight of the mixture;       (c) in case of a scribbled mixture, the wool is mixed with only one other fibre.         In the case referred to in this paragraph, the full percentage composition must be given.  3. The tolerance justified on technical grounds connected with manufacture shall be limited to 0 73 % of fibrous impurities in the case of products described by one of the afore-mentioned expressions in conformity with paragraphs 1 and 2, including wool products which have undergone a carding process.    Article 6 1. A textile product composed of two or more fibres, one of which accounts for at least 85 % of the total weight, shall be designated:    - by the name of the latter fibre followed by its percentage by weight, or       - by the name of the latter fibre followed by the words "85 % minimum", or       - by the full percentage composition of the product.         2. A textile product composed of two or more fibres, none of which accounts for as much as 85 % of the total weight, shall be designated by the name of each main fibre and its percentage by weight, followed by the names of the other constituent fibres in descending order of weight, with or without an indication of their percentage by weight. However,    (a) fibres which separately account for less than 10 % of the total weight of a product may be collectively designated by the term "other fibres", followed by the total percentage by weight;       (b) where the name of a fibre which accounts for less than 10 % of the total weight of a product is specified, the full percentage composition of that product shall be given.          3. Products having a pure cotton warp and a pure flax weft, in which the percentage of flax accounts for not less than 40 % of the total weight of the unsized fabric may be given the name "cotton linen union" which must be accompanied by the composition specification "pure cotton warp-pure flax weft".  4. In the case of textile products intended for the end consumer, unless the manufacturing process of a particular product is such as to require a higher tolerance, a tolerance of 3 % between the stated and real fibre percentages by weight in relation to the total weight of the fibres of the finished product shall be permitted in the percentage compositions laid down by this Article.  5. The terms "textile residues" or "unspecified composition" may be used for any product whose composition cannot easily be determined, regardless of the percentages by weight of its components.    Article 7 In addition to the tolerances laid down in Article 4 (2), Article 5 (4) and Article 6 (4), a tolerance of 7 % shall be allowed exclusively for visible, isolable fibres which are purely decorative.    Article 8 1. Textile products within the meaning of this Directive shall be labelled or marked whenever they are placed on the market for production or commercial purposes ; this labelling or marking may be replaced or supplemented by accompanying commercial documents when the products are not being offered for sale to the end consumer, or when they are delivered in performance of an order placed by the State or by some other legal person governed by public law.  2.  (a) The names, descriptions and particulars as to fibre content referred to in Articles 3, 4, 5 and 6 and in Annex I shall be clearly indicated in the commercial documents. This requirement shall, in particular, preclude the use of abbreviations in sales contracts, bills and invoices ; however, a mechanised processing code may be used, provided that code is explained in the same document.  (b) The names, descriptions and particulars as to textile fibre content referred to in Articles 3, 4, 5 and 6 and in Annex I shall be indicated in clear, legible and uniform print when textile products are offered for sale or sold to the end consumer, and in particular in catalogues and trade literature, on packagings, on labels and on markings.  Particulars and information other than those provided for by this Directive shall be quite separate. This provision shall not apply to trade marks or to the name of the undertaking which may be given immediately before or after particulars provided for by this Directive. If, however, when a textile product is offered for sale or is sold to the end consumer as referred to in the first subparagraph, a trade mark or a name of an undertaking is indicated which contains, on its own or as an adjective or as a root, one of the names listed in Annex I or a name liable to be confused therewith, the trade mark or the name of an undertaking must be immediately preceded or followed by the names, descriptions and particulars as to fibre content referred to in Articles 3, 4, 5 or 6 or Annex I, in easily legible and prominent characters.  (c) Member States may require that, when textile products are offered for sale or are sold to the end consumer in their territory, their national languages should also be used for the labelling and marking required by this Article.  (d) Member States may not prohibit the use of descriptions or particulars other than those referred to in Articles 3, 4 and 5 which relate to characteristics of products where such descriptions or particulars are consistent with fair trade practice in that country.    Article 9 1. Any textile product composed of two or more components which have different fibre contents shall bear a label stating the fibre content of each component. Such labelling shall not be compulsory for components representing less than 30 % of the total weight of the product, excluding main linings.  2. Where two or more textile products have the same fibre content and normally form a single unit, they need only bear one label.    Article 10 By way of derogation from the provisions of Articles 8 and 9:    (a) In the case of textile products listed in Annex III which are at one of the stages referred to in Article 2 (1), Member States may not require any labelling or marking bearing the name or composition. However, the provisions of Articles 8 and 9 shall apply where such products bear a label or marking giving the name or composition, or a trade mark or name of an undertaking which incorporates, on its own or as an adjective or as a root, either one of the names listed in Annex I or a name liable to be confused therewith.        (b) Where textile products listed in Annex IV are of the same type and composition, they may be offered for sale together under an inclusive label giving the composition particulars laid down by this Directive.           Article 11 Member States shall take all necessary measures to ensure that any information supplied when textile products are placed on the market cannot be confused with the names and particulars laid down by this Directive.    Article 12 1. The fibre percentages referred to in Articles 5 and 6 shall be calculated by applying to the anhydrous mass of each fibre the appropriate conventional recovery factor laid down in Annex II.  2. The following items shall be removed before the fibre percentage is determined:    (a) backings, stiffenings, double linings and canvas backings, binding threads, assembly threads, selvedges, labels, marks, edgings, buttons and trimmings which are not an integral part of the product, coverings, accessories, decorations, elastic, ribbons and, subject to the provisions of Article 9, linings;       (b) binding warps and wefts in the case of blankets, binding and filling warps and wefts in the case of floor coverings, furnishing fabrics and hand-made carpets;       (c) backings of pile fabric and multi-layer floor coverings unless such backings have the same textile fibre composition as the pile;       (d) greases, bindings, sizings, dressings, additional dyeing and printing products and other textile processing products.         3. Member States shall take all necessary measures to ensure that the items listed in paragraph 2 (d) are not present in quantities liable to mislead the consumer.    Article 13 Separate directives will specify the sampling and analysing methods to be used in all Member States to determine the fibre composition of products covered by this Directive.    Article 14 1. No Member State may, for reasons connected with names or composition specifications, prohibit or impede the placing on the market of textile products which satisfy the provisions of this Directive.  2. The provisions of this Directive shall not preclude the application of the provisions in force in each Member State on the protection of industrial and commercial property, on indications of provenance, marks of origin and the prevention of unfair competition.    Article 15 The provisions of this Directive shall not apply to textile products which:    1. are intended for export to third countries;       2. enter Member States of the European Communities, under customs control, for transit purposes;       3. are imported from third countries for inward processing;       4. are contracted out to persons working in their own homes, or to independent firms that make up work from materials supplied without the property therein being transferred for consideration.           Article 16 1. Member States shall adopt the measures necessary to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.  2. Each Member State may direct that the national provisions applicable before the entry into force of the national measures required for compliance with this Directive can, in the twenty-four months after the entry into force of such measures, still be available in favour of textile products which do not satisfy the requirements of this Directive.  3. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.    Article 17 This Directive is addressed to the Member States.     Done at Brussels, 26 July 1971.  For the Council  The President  A. MORO     ANNEX I TABLE OF TEXTILE FIBRES >PIC FILE= "T0038230">    >PIC FILE= "T0038231">    >PIC FILE= "T0038232">      ANNEX II CONVENTIONAL RECOVERY FACTORS USED TO CALCULATE THE MASS OF FIBRES CONTAINED IN A TEXTILE PRODUCT >PIC FILE= "T0038233">    >PIC FILE= "T0038234">      ANNEX III PRODUCTS WHICH CANNOT BE MADE SUBJECT TO MANDATORY LABELLING OR MARKING (Article 10 (a))     1. sleeve-supporting arm-bands       2. watch straps of textile materials       3. labels and badges       4. stuffed pan-holders of textile materials       5. tea cosy covers       6. coffee cosy covers       7. sleeve protectors       8. muffs other than in pile fabric       9. artificial flowers       10. pin cushions       11. painted canvas       12. woven fabrics for backing and stiffenings       13. felts       14. old made up textile products, where explicitly stated to be such       15. gaiters       16. articles of a kind commonly used in machinery or plant       17. packagings, not new and sold as such       18. felt hats       19. containers which are soft and without foundation, saddlery, of textile materials       20. travel goods of textile materials       21. hand embroidered tapestries       22. slide fasteners       23. buttons and buckles covered with textile materials.       24. book covers of textile materials       25. toys       26. textile parts of footwear, excepting warm linings       27. table mats having several components and a surface area of not more than 500 m2           ANNEX IV PRODUCTS WHICH MAY BE GIVEN AN INCLUSIVE LABEL OR MARK (Article 10 (b))     1. floorcloths       2. cleaning cloths       3. edgings and trimmings       4. passementerie       5. belts       6. braces       7. suspenders and garters       8. shoe and boot laces       9. ribbons       10. elastic       11. new packagings sold as such       12. packing string       13. table mats       14. handkerchiefs


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31980L0597

Council Directive 80/597/EEC of 29 May 1980 amending for the second time Directive 74/329/EEC on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs

Official Journal L 155 , 23/06/1980 P. 0023 - 0025 Finnish special edition: Chapter 13 Volume 10 P. 0205  Greek special edition: Chapter 13 Volume 9 P. 0127  Swedish special edition: Chapter 13 Volume 10 P. 0205  Spanish special edition: Chapter 13 Volume 11 P. 0026  Portuguese special edition Chapter 13 Volume 11 P. 0026

COUNCIL DIRECTIVE  of 29 May 1980  amending for the second time Directive 74/329/EEC on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs  (80/597/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Directive 74/329/EEC (4), as last amended by Directive 78/612/EEC (5), lays down a single list of emulsifiers, stabilizers, thickeners and gelling agents which may be authorized for use in foodstuffs by the Member States;  Whereas having regard to the most recent scientific and technical knowledge the reference to microcrystalline cellulose (E 460) in Annex I to Directive 78/612/EEC must be reworded ; whereas the use of tragacanth (E 413) should be re-evaluated after an enquiry by the Commission;  Whereas Annex II to Directive 74/329/EEC indicates the designations of the substances which may be temporarily authorized by Member States for use in foodstuffs;  Whereas Article 3 (1) of Directive 74/329/EEC authorizes this derogation for a period of five years from the date of notification of the Directive;  Whereas having regard to the most recent scientific and technical knowledge the said Annex II must be revised ; whereas, therefore, for certain substances, the period of temporary authorization must be prolonged to permit the completion of certain toxicological investigations necessary in the light of present day requirements regarding the safety of their use in foodstuffs;  Whereas other substances for which the necessary toxicological investigations have been completed cannot be accepted at Community level unless conditions of use and purity criteria are stipulated ; whereas their use may be authorized without limit in time by Member States;  Whereas the scientific and technical knowledge on Xanthan gum is sufficient to allow its transfer to Annex I to Directive 74/329/EEC ; whereas Ghatti gum must no longer be used but nevertheless a temporary period must be provided to allow the sale of foodstuffs containing this substance which are already on the market;  Whereas extract of quillaia is no longer covered by Directive 74/329/EEC,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 74/329/EEC is hereby amended as follows:    1. Paragraphs 2 and 3 of Article 2 shall be replaced by the following:  "2. However, as regards the substances referred to in Annex I under E 413 and E 440b, the Council, acting in accordance with the procedure provided for in Article 100 of the Treaty, may decide, by 31 December 1982 and on the basis of a study by the Commission, to delete them from that Annex or otherwise change their status."       2. The following Article shall be inserted:  "Article 2a      1. Notwithstanding Article 2 (1), Member States may authorize the use in foodstuffs of the substances listed below:  Ammonium phosphatides,  Polyglycerol polyricinoleate,  (1)OJ No C 115, 8.5.1979, p. 10. (2)OJ No C 4, 7.1.1980, p. 64 (3)OJ No C 247, 1.10.1979, p. 1. (4)OJ No L 189, 12.7.1.1980, p. 64. (5)OJ No L 197, 22.7.1978, p. 22.   Sorbitan monostearate,  Sorbitan tristearate,  Sorbitan monolaurate,  Sorbitan monoleate,  Sorbitan monopalmitate.           2. The Council may, in accordance with the procedure laid down in Article 100 of the Treaty, include in Annex I the substances mentioned in paragraph 1, at the same time stipulating the conditions for their use in foodstuffs, provided that in accordance with Article 7 (1) their purity criteria are established."                  3. Paragraph 1 of Article 3 shall be replaced by the following:  "1. Notwithstanding Article 2 (1), Member States may authorize until 31 December 1984 the use in foodstuffs of the substances listed in Annex II, and until 1 April 1981 the marketing of foodstuffs containing Ghatti gum. However, as regards Karaya gum, the Council, acting in accordance with the procedure provided for in Article 100 of the Treaty, may decide, by 31 December 1980 and on the basis of a study by the Commission, to delete it from that Annex or otherwise change its status."       4. Annex I is amended as follows:      (a) Item E 460, Microcrystalline cellulose, is replaced by the following:  >PIC FILE= "T9001228">          (b) The following is inserted:  "E 415 Xanthan gum".                  5. Annex II is replaced by the Annex to this Directive.          Article 2 Article 1 shall take effect as from 21 June 1979.   Article 3 Member States shall, within one year of the notification of this Directive, amend their laws in accordance with the preceding provisions, and shall forthwith inform the Commission thereof. The laws thus amended shall be implemented two years after notification of this Directive.   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 29 May 1980.  For the Council  The President  G. MARCORA     ANNEX "ANNEX II  DESIGNATION  Karaya gum (synonym : sterculia gum)  Polyoxyethylene (20) sorbitan monolaurate (synonym : polysorbate 20)  Polyoxyethylene (20) sorbitan monopalmitate (synonym : polysorbate 40)  Polyoxyethylene (20) sorbitan monostearate (synonym : polysorbate 60)  Polyoxyethylene (20) sorbitan tristearate (synonym : polysorbate 65)  Polyoxyethylene (20) sorbitan monooleate (synonym : polysorbate 80)  Polyoxyethylene (8) stearate  Polyoxyethylene (40) stearate  Thermally oxidized soya bean oil interacted with mono- and di-glycerides of fatty acids  Lactylated fatty acid esters of glycerol and propylene glycol  Dioctyl sodium sulphosuccinate"


title: Council Directive 2006/106/EC of 20 November 2006 adapting Directive 94/80/EC laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals, by reason of the accession of Bulgaria and Romania

text:
               20.12.2006

               EN

               Official Journal of the European Union

               L 363/409

         COUNCIL DIRECTIVE 2006/106/EC
   of 20 November 2006
   adapting Directive 94/80/EC laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals, by reason of the accession of Bulgaria and Romania
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Treaty of Accession of Bulgaria and Romania (1), and in particular Article 4(3) thereof,
   Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Pursuant to Article 56 of the Act of Accession, where acts of the institutions remain valid beyond 1 January 2007, and require adaptation by reason of accession, and the necessary adaptations have not been provided for in the Act of Accession or its Annexes, the necessary acts are to be adopted by the Council, unless the Commission adopted the original act.

               (2)

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

               (3)

               Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals (2) should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 94/80/EC shall be amended as set out in the Annex.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the date of accession of Bulgaria and Romania to the European Union at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 20 November 2006

            For the Council

            The President

         J. KORKEAOJA

      (1)  OJ L 157, 21.6.2005, p. 11.

      (2)  OJ L 368, 31.12.1994, p. 38.
   ANNEX
   FREEDOM OF MOVEMENT FOR PERSONS
   CITIZENS' RIGHTS
   31994 L 0080: Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals (OJ L 368, 31.12.1994, p. 38), as amended by:

               —

               31996 L 0030: Council Directive 96/30/EC of 13.5.1996 (OJ L 122, 22.5.1996, p. 14),

               —

               12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33).

         In the Annex, the following is inserted between the entries for Belgium and the Czech Republic:

      ‘in Bulgaria:
      община/кметство/Общината е основната административно-териториална единица, в която се осъществява местното самоуправление’;

   and, between the entries for Portugal and Slovenia:

      ‘in Romania:
      comuna, oraşul, municipiul, sectorul (numai în municipiul Bucureşti) şi judeţul’.


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31975L0440

Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States

Official Journal L 194 , 25/07/1975 P. 0026 - 0031 Greek special edition: Chapter 15 Volume 1 P. 0080  Spanish special edition: Chapter 15 Volume 1 P. 0123  Portuguese special edition Chapter 15 Volume 1 P. 0123  Finnish special edition: Chapter 15 Volume 1 P. 0232  Swedish special edition: Chapter 15 Volume 1 P. 0232  DE L 328 25/07/1975 P. 0034-0039

COUNCIL DIRECTIVE  of 16 June 1975  concerning the quality required of surface water intended for the abstraction of drinking water in the Member States  (75/440/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES;  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 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 (2);  Whereas the increasing use of water resources for the abstraction of water for human consumption necessitates a reduction in the pollution of water and its protection against subsequent deterioration;  Whereas it is necessary to protect public health and, to this end, to exercise surveillance over surface water intended for the abstraction of drinking water and over the purification treatment of such water;  Whereas any disparity between the provisions on the quality required of surface water intended for the abstraction of drinking water already applicable or in preparation in the various Member States may create unequal conditions of competition and thus directly affect the functioning of the common market ; whereas it is therefore necessary to approximate laws in this field as provided for in Article 100 of the Treaty;  Whereas it seems necessary for this approximation of laws to be accompanied by Community action so that one of the aims of the Community in the sphere of protection of the environment and improvement of the quality of life can be achieved by wider regulations ; whereas certain specific provisions to this effect should therefore be laid down ; whereas Article 235 of the Treaty should be invoked as the powers required for this purpose have not been provided by the Treaty;  Whereas the programme of action of the European Communities on the environment (3) provides that quality objectives are to be jointly drawn up fixing the various requirements which an environment must meet inter alia the definition of parametric values for water, including surface water intended for the abstraction of drinking water;  Whereas the joint fixing of minimum quality requirements for surface water intended for the abstraction of drinking water precludes neither more stringent requirements in the case of such water otherwise utilized nor the requirements imposed by aquatic life;  Whereas it will be necessary to review in the light of new technical and scientific knowledge the parametric values defining the quality of surface water used for the abstraction of drinking water;  Whereas the methods currently being worked out for water sampling and for measuring the parameters defining the physical, chemical and microbiological characteristics of surface water intended for the abstraction of drinking water are to be covered by a Directive to be adopted as soon as possible,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive concerns the quality requirements which surface fresh water used or intended for use in the abstraction of drinking water, hereinafter called "surface water", must meet after application of appropriate treatment. Ground water, brackish water and water intended to replenish  (1)OJ No C 62, 30.5.1974, p. 7. (2)OJ No C 109, 19.9.1974, p. 41. (3)OJ No C 112, 20.12.1973, p. 3.   water-bearing beds shall not be subject to this Directive.  2. For the purposes of applying this Directive, all surface water intended for human consumption and supplied by distribution networks for public use shall be considered to be drinking water.   Article 2 For the purposes of this Directive surface water shall be divided according to limiting values into three categories, A1, A2 and A3, which correspond to the appropriate standard methods of treatment given in Annex I. These groups correspond to three different qualities of surface water, the respective physical, chemical and microbiological characteristics of which are set out in the table given in Annex II.   Article 3 1. Member States shall set, for all sampling points, or for each individual sampling point, the values applicable to surface water for all the parameters given in Annex II.  Member States may refrain from setting the values of parameters in respect of which no value is shown, in the table in Annex II, pursuant to the first subparagraph pending determination of the figures in accordance with the procedure under Article 9.  2. The values set pursuant to paragraph 1 may not be less stringent than those given in the "I" columns of Annex II.  3. Where values appear in the "G" columns of Annex II, whether or not there is a corresponding value in the "I" columns of that Annex, Member States shall endeavour to respect them as guidelines, subject to Article 6.   Article 4 1. Member States shall take all necessary measures to ensure that surface water conforms to the values laid down pursuant to Article 3. Each Member State shall apply this Directive without distinction to national waters and waters crossing its frontiers.  2. In line with the objectives of this Directive, Member States shall take the necessary measures to ensure continuing improvement of the environment. To this end, they shall draw up a systematic plan of action including a timetable for the improvement of surface water and especially that falling within category A3. In this context, considerable improvements are to be achieved under the national programmes over the next 10 years.  The timetable referred to in the first subparagraph will be drawn up in the light of the need to improve the quality of the environment, and of water in particular, and the economic and technical constraints which exist or which may arise in the various regions of the Community.  The Commission will carry out a thorough examination of the plans referred to in the first subparagraph, including the timetables, and will, if necessary, submit appropriate proposals to the Council.  3. Surface water having physical, chemical and microbiological characteristics falling short of the mandatory limiting values corresponding to treatment type A3 may not be used for the abstraction of drinking water. However, such lower quality water may, in exceptional circumstances, be utilized provided suitable processes - including blending - are used to bring the quality characteristics of the water up to the level of the quality standards for drinking water. The Commission must be notified of the grounds for such exceptions, on the basis of a water resources management plan within the area concerned, as soon as possible, in the case of existing installations, and in advance, in the case of new installations. The Commission will examine these grounds in detail and, where necessary, submit appropriate proposals to the Council.   Article 5 1. For the purposes of Article 4 surface water shall be assumed to conform to the relevant parameters if samples of this water taken at regular intervals at the same sampling point and used in the abstraction of drinking water show that it complies with the parametric values for the water quality in question, in the case of:    - 95 % of the samples for parameters conforming to those specified in the "I" columns in Annex II,       - 90 % of the samples in all other cases,   and if in the case of the 5 or 10 % of the samples which do not comply:      (a) the water does not deviate from the parametric values in question by more than 50 %, except  for temperature, pH, dissolved oxygen and microbiological parameters;           (b) there can be no resultant danger to public health;           (c) consecutive water samples taken at statistically suitable intervals do not deviate from the relevant parametric values.             2. Pending a Community policy on the matter, the frequency of sampling and the analysis of each parameter, together with the methods of measurement shall be defined by the competent national authorities which shall take into account the volume of water abstracted, the extent of the abstraction, the population served, the degree of risk engendered by the quality of the water and seasonal variations in the quality.  3. Higher values than those referred to in paragraph 2, shall not be taken into consideration in the calculation of the percentages referred to in paragraph 1 when they are the result of floods or natural disasters or abnormal weather conditions.  4. Sampling shall mean the place at which surface water is abstracted before being sent for purification treatment.   Article 6 Member States may at any time fix more stringent values for surface water than those laid down in this Directive.   Article 7 Implementation of the measures taken pursuant to this Directive may under no circumstances lead either directly or indirectly to deterioration of the current quality of surface water.   Article 8 This Directive may be waived:    (a) in the case of floods or other natural disasters;       (b) in the case of certain parameters marked (O) in Annex II because of exceptional meteorological or geographical conditions;       (c) where surface water undergoes natural enrichment in certain substances as a result of which it would exceed the limits laid down for categories A1, A2 and A3 in the table in Annex II;       (d) in the case of surface water in shallow lakes or virtually stagnant surface water, for parameters marked with an asterisk in the table in Annex II, this derogation being applicable only to lakes with a depth not exceeding 20 m, with an exchange of water slower than one year, and without a discharge of waste water into the water body.         Natural enrichment means the process whereby, without human intervention, a given body of water receives from the soil certain substances contained therein.  In no case may the exceptions provided for in the first subparagraph disregard the requirements of public health protection.  Where a Member State waives the provisions of this Directive, it shall forthwith notify the Commission thereof, stating its reasons and the periods anticipated.   Article 9 The numerical values and the list of parameters given in the table in Annex II, defining the physical, chemical and microbiological characteristics of surface water may be revised either at the request of a Member State or on a proposal from the Commission, whenever technical and scientific knowledge regarding methods of treatment is extended or drinking water standards are modified.   Article 10 Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive within two years of its notification. They shall forthwith inform the Commission thereof.   Article 11 This Directive is addressed to the Member States.     Done at Luxembourg, 16 June 1975.  For the Council  The President  R. RYAN     ANNEX I Definition of the standard methods of treatment for transforming surface water of categories A1, A2 and A3 into drinking water  Category A1  Simple physical treatment and disinfection, e. g. rapid filtration and disinfection.  Category A2  Normal physical treatment, chemical treatment and disinfection, e.g. pre-chlorination, coagulation, flocculation, decantation, filtration, disinfection (final chlorination).  Category A3  Intensive physical and chemical treatment, extended treatment and disinfection e.g. chlorination to break-point, coagulation, flocculation, decantation, filtration, adsorption (activated carbon), disinfection (ozone, final chlorination).    ANNEX II >PIC FILE= "T0007657""PIC FILE= "T0007658">


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31989L0298

Council Directive 89/298/EEC of 17 April 1989 coordinating the requirements for the drawing-up, scrutiny and distribution of the prospectus to be published when transferable securities are offered to the public

Official Journal L 124 , 05/05/1989 P. 0008 - 0015 Finnish special edition: Chapter 6 Volume 2 P. 0203  Swedish special edition: Chapter 6 Volume 2 P. 0203

COUNCIL DIRECTIVE of 17 April 1989 coordinating the requirements for the drawing-up, scrutiny and distribution of the prospectus to be published when transferable securities are offered to the public (89/298/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 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 investment in transferable securities, like any other form of investment, involves risks; whereas the protection of investors requires that they be put in a position to make a correct assessment of such risks so as to be able to take investment  decisions in full knowledge of the facts;  Whereas the provision of full, appropriate information Whereas the provision of full, appropriate information concerning transferable securities and the issuers of such securities promotes the protection of investors;  Whereas, moreover, such information is an effective means of increasing confidence in transferable securities and thus contributes to the proper functioning and development of transferable securities markets;  Whereas a genuine Community information policy relating to transferable securities should therefore be introduced; whereas, by virtue of the safeguards that it offers investors and its impact on the proper functioning of transferable securities markets,  such an information policy is capable of promoting the interpenetration of national transferable securities markets and thus encouraging the creation of a genuine European capital market;  Whereas Council Directive 80/390/EEC of 17 March 1980 Whereas Council Directive 80/390/EEC of 17 March 1980 coordinating the requirements for the drawing-up, scrutiny and distribution of the listing particulars to be published for the admission of  securities to official stock exchange listing (4), as last amended by Directive 87/345/EEC (5), represents an important step in the implementation of such a  Community information policy; whereas that Directive coordinates the information to be published when securities are admitted to stock exchange listing concerning the nature of the securities offered and the issuers of such securities, so of the  securities offered and the issuers of such securities, so as to enable investors to make an informed assessment of the assets and liabilities, financial position, profits and losses and prospects of issuers and of the rights attaching to such  securities;  Whereas such an information policy also requires that when transferable securities are offered to the public for the first time in a Member State, whether by, or on behalf of the issuer or a third party, whether or not they are subsequently listed, a  prospectus containing information of this nature must be made available to investors; whereas it is also necessary to coordinate the contents of that prospectus in order to achieve equivalence of the minimum safeguards afforded to investors in the  various Member States;  Whereas, so far, it has proved impossible to furnish a common definition of the term ´public offer' and all its constituent parts;  Whereas, in cases where a public offer is of transferable securities which are to be admitted to official listing on a stock exchange, information similar to that required by Directive 80/390/EEC, whilst being adapted to the circumstances of the public  offer, must be supplied; whereas, for public offers of transferable securities that are not to be admitted to official stock exchange listing, less detailed information can be required so as not to burden small and medium-sized issuers unduly; whereas,  for public offers of transferable securities that are to be admitted to official stock exchange listing, the degree of coordination achieved is such that a prospectus approved by the competent authorities of a Member State can be used for public offers  of the same securities in another Member State on the basis of mutual recognition; whereas mutual recognition should also apply where public offer prospectuses comply with the basic standards laid down in Directive 80/390/EEC and are approved by the  competent authorities even in the absence of a request for admission to official stock exchange listing;  Whereas in order to ensure that the purposes of this Directive will be fully realized it is necessary to include within the scope of this Directive transferable securities issued by companies or firms governed by the laws of third countries;  Whereas it is advisable to provide for the extension, by means of agreements to be concluded by the Community with third countries, of the recognition of prospectuses from those countries on a reciprocal basis:  HAS ADOPTED THIS DIRECTIVE:   SECTION I General provisions Article 1 1.  This Directive shall apply to transferable securities which are offered to the public for the first time in a Member State provided that these securities are not already listed on a stock exchange situated or operating in that Member  State.  2.  Where an offer to the public is for part only of the transferable securities from a single issue, the Member States need not require that another prospectus be published if the other part is subsequently offered to the public.  Article 2 This Directive shall not apply:  1.  to the following types of offer:  (a)  where transferable securities are offered to persons in the context of their trades, professions or occupations, and/or (b)  where transferable securities are offered to a restricted circle of persons, and/or (c)  where the selling price of all the transferable securities offered does not exceed ECU 40 000, and/or (d)  where the transferable securities offered can be acquired only for a consideration of at least ECU 40 000 per investor;  2.  to transferable securities of the following types:  (a)  to transferable securities offered in individual denominations of at least ECU 40 000;  (b) to units issued by collective investment undertakings other than of the closed-end type;  (c) to transferable securities issued by a State or by one of a State's regional or local authorities or by public international bodies of which one or more Member States are members;  (d) to transferable securities offered in connection with a take-over bid;  (e) to transferable securities offered in connection with a merger;  (f) to shares allotted free of charge to the holders of shares;  (g) to shares or transferable securities equivalent to shares offered in exchange for shares in the same company if the offer of such new securities does not involve any overall increase in the company's issued shares capital;  (h) to transferable securities offered by their employer or by an affiliated undertaking to or for the benefit of serving or former employees;  (i) to transferable securities resulting from the conversion of convertible debt securities or from the exercise of the rights conferred by warrants or to shares offered in exchange for exchangeable debt securities, provided that a public offer prospectus  or listing particulars relating to those convertible or exchangeable debt securities or those warrants were published in the same Member State;  (j) to transferable securities issued, with a view to their obtaining the means necessary to achieve their disinterested objectives, by associations with legal status or non-profit-making bodies, recognized by the State;  (k) to shares or transferable securities equivalent to shares, ownership of which entitles the holder to avail himself of the services rendered by bodies such as ´building societies', ´Crédits populaires', ´Genossenschaftsbanken', or ´Industrial and  Provident Societies', or to become a member of such a body;  (l) to Euro-securities which are not the subject of a generalized campaign of advertising or canvassing.  Article 3 For the purposes of this Directive:  (a)  ´collective investment undertakings other than of the closed-end type' shall mean unit trusts and investment companies:  - the object of which is the collective investment of capital provided by the public, and which operate on the principle of risk spreading, and - the units of which are, at the holders' request, repurchased or redeemed, directly or indirectly, out of the assets of those undertakings. Action taken by such undertakings to ensure that the stock exchange value of their units does not significantly  vary from their net asset value shall be regarded as equivalent to such repurchase or redemption;  (b) ´units of a collective investment undertaking' shall mean transferable securities issued by a collective investment undertaking representing the rights of the participants in such an undertaking over its assets;  (c) ´issuers' shall mean companies and other legal persons and any undertakings the transferable securities of which are offered to the public;  (d) ´credit institution' shall mean an undertaking the business of which is to receive deposits or other repayable funds from the public and to grant credits for its own account, including credit institutions such as referred to in Article 2 of Directive  77/780/EEC (6), as last amended by Directive 86/524/EEC (7);  (e) ´transferable securities' shall mean shares in companies and other transferable securities equivalent to shares in companies, debt securities having a maturity of at least one year and other transferable securities equivalent to debt securities, and any  other transferable security giving the right to acquire any such transferable securities by subscription or exchange;  (f) ´Euro-securities' shall mean transferable securities which:  - are to be underwritten and distributed by a syndicate at least two of the members of which have their registered offices in different States, and  - are offered on a significant scale in one or more States other than that of the issuer's registered office, and - may be subscribed for or initially acquired only through a credit institution or other financial institution.  Article 4 Member States shall ensure that any offer of transferable securities to the public within their territories is subject to the publication of a prospectus by the person making the offer.  Article 5 Member States may provide for partial or complete exemption from the obligation to publish a prospectus where the transferable securities being offered to the public are:  (a)  debt securities or other transferable securities equivalent to debt securities issued in a continuous or repeated manner by credit institutions or other financial institutions equivalent to credit institutions which regularly publish their annual  accounts and which, within the Community, are set up or governed by a special law or pursuant to such a law, or are subject to public supervision intended to protect savings;  (b)  debt securities or other transferable securities equivalent to debt securities issued by companies and other legal persons which are nationals of a Member State and which:   - in carrying on their business, benefit from State monopolies, and - are set up or governed by a special law or pursuant to such a law or whose borrowings are unconditionally and irrevocably guaranteed by a Member State or one of a Member State's regional or local authorities;  (c) debt securities issued by legal persons, other than companies, which are nationals of a Member State, and - were set up by special law, and - whose activities are governed by that law and consist solely in i(i)  raising funds under state control through the issue of debt securities; and (ii)  financing production by means of the resources which they have raised and resources provided by a Member State and/or acquiring a holding in such production, and - the debt securities of which are, for the purposes of admission to official listing, considered by national law as debt securities issued or guaranteed by the State.  Article 6 If a full prospectus has been published in a Member State within the previous 12 months, the following prospectus drawn up by the same issuer in the same State, but relating to different transferable securities, may indicate only those changes  likely to influence the value of the securities which have occurred since publication of the full prospectus.  However, that prospectus may be made available only accompanied by the full prospectus to which it relates or by a reference thereto.   SECTION II Contents and arrangements for the scrutiny and distribution of the prospectus for transferable securities for which admission to official stock exchange listing is sought Article 7 Where a public offer relates to transferable securities which at the time of the offer are the subject of an application for admission to official listing on a stock exchange situated or operating within the same Member State, the contents of  the prospectus and the procedures for scrutinizing and distributing it shall, subject to adaptations appropriate to the circumstances of a public offer, be determined in accordance with Directive 80/390/EEC.  Article 8 1.  Where a public offer is made in one Member State and admission is sought to official listing on a stock exchange situated in another Member State, the person making the public offer shall have the possibility in the Member State in which  the public offer is to be made of drawing up a prospectus the contents and procedures for scrutiny and distribution of which shall, subject to adaptations appropriate to the circumstances of a public offer, be determined in accordance with Directive  80/390/EEC.  2.  Paragraph 1 shall apply only in those Member States which in general provide for the prior scrutiny of public offer prospectuses.  Article 9 A prospectus must be published or made available to the public not later than the time when an offer is made to the public.  Article 10 1.  Where a prospectus in accordance with Article 7 or 8 is or is to be published, the advertisements, notices, posters and documents announcing the public offer must be communicated in advance to the competent authorities. The aforementioned  documents must mention that there is a prospectus and state where the prospectus is published.  2.  If the Member States authorize the distribution of the documents referred to in paragraph 1 before the prospectus is available, those documents must state that a prospectus will be published and indicate where members of the public will be able to  obtain it.  3.  The prospectus must be published either:  - by insertion in one or more newspapers circulated throughout the Member State in which the public offer is made, or - in the form of a brochure to be made available, free of charge, to the public in the Member State in which the public offer is made and at the registered office of the person making the public offer and at the offices of the financial organizations  retained to act as paying agents of the latter in the Member State where the offer is made.  4.  In addition, either the complete prospectus or a notice stating where the prospectus has been published and where it may be obtained by the public must be inserted in a publication designated by the Member State in which the public offer is made.  SECTION III Contents and arrangements for the distribution of the prospectus for transferable securities for which admission to official stock-exchange listing is not sought Article 11 1.  Where a public offer relates to transferable securities other than those referred to in Articles 7 and 8, the prospectus must contain the information which, according to the particular nature of the issuer and of the transferable  securities offered to the public, is necessary to enable investors to make an informed assessment of the assets and liabilities, financial position, profits and losses and prospects of the issuer and of the rights attaching to the transferable  securities.  2.  In order to fulfil the obligation referred to in paragraph 1, the prospectus shall, subject to the possibilities for exemption provided for in Articles 5 and 13, contain in as easily analysable and comprehensible a form a possible, at least the information listed below:  (a)  those responsible for the prospectus (names, functions and declarations by them that to the best of their knowledge the information contained in the prospectus is in accordance with the facts and that the prospectus makes no omission likely to  affect its import);  (b)  the offer to the public and the transferable securities being offered (nature of the securities being offered, the amount and purpose of the issue, the number of securities issued and the rights attaching to them; the income tax withheld at source;  the period during which the offer is open; the date on which entitlement to dividends or interest arises; the persons underwriting or guaranteeing the offer; any restrictions on the free transferability of the securities being offered and the markets on  which they may be traded; the establishments serving as paying agents; if known, the price at which the securities are offered, or else, if national rules so provide, the procedure and timetable for fixing the price if it is not known when the  prospectus is being drawn up; methods of payment; the procedure for the exercise of any right of pre-emption and the methods of and time-limits for delivery of the securities);  (c)  the issuer (name, registered office; its date of incorporation, the legislation applicable to the issuer and the issuer's legal form, its objects, indication of the register and of the entry number therein) and its capital (amount of the subscribed  capital, the number and main particulars of the securities of which the capital consists and any part of the capital still to be paid up; the amount of any convertible debt securities, exchangeable debt securities or debt securities with warrants and  the procedures for conversion, exchange or subscription; where appropriate, the group of undertakings to which the issuer belongs; in the case of shares, the following additional information must be supplied: any shares not representing capital, the  amount of the authorized capital and the duration of the authorization; in so far as they are known, indication of the shareholders who directly or indirectly exercise or could exercise a determining role in the management of the issuer);  (d) the issuer's principal activities (description of its principal activities, and, where appropriate, any exceptional factors which have influenced its activities; any dependence on patents, licences or contracts if these are of fundamental importance;  information regarding investments in progress where they are significant; any legal proceedings having an important effect on the issuer's financial position);  (e) the issuer's assets and liabilities, financial position and profits and losses (own accounts and, where appropriate, consolidated accounts; if the issuer prepares consolidated annual accounts only, it shall include those accounts in the prospectus; if  the issuer prepares both own and consolidated accounts, it shall include both types of account in the prospectus; however, the issuer may include only one of the two, provided that the accounts which are not included do not provide any significant  additional information); interim accounts if any have been published since the end of the previous financial year; the name of the person responsible for auditing the accounts; if that person has qualified them or refused an audit report, the fact must  be stated and the reasons given;  (f) the issuer's administration, management and supervision (names, addresses, functions; in the case of an offer to the public of shares in a limited-liability company, remuneration of the members of the issuer's administrative, management and supervisory  bodies);  (g) to the extent that such information would have a significant impact on any assessment that might be made of the issuer, recent developments in its business and prospects (the most significant recent trends concerning the development of the issuer's  business since the end of the proceding financial year, information on the issuer's prospects for at least the current financial year).  3.  Where a public offer relates to debt securities guaranteed by one or more legal persons, the information specified in paragraph 2 (c) to (g) must also be given with respect to the guarantor or guarantors.  4.  Where a public offer relates to convertible debt securities, exchangeable debt securities or debt securities with warrants or to the warrants themselves, information must also be given with regard to the nature of the shares or debt securities to  which they confer entitlement and the conditions of and procedures for conversion, exchange or subscription. Where the issuer of the shares or debt securities is not the issuer of the debt securities or warrants the information specified in paragraph 2  (c) to (g) must also be given with respect to the issuer of the shares or debt securities.  5.  If the period of existence of the issuer is less than any period mentioned in paragraph 2, the information need be provided only for the period of the issuer's existence.  6.  Where certain information specified in paragraph 2 is found to be inappropriate to the issuer's sphere of activity or its legal form or to the transferable securities being offered, a prospectus giving equivalent information must be drawn up.  7.  Where shares are offered on a pre-emptive basis to shareholders of the issuer on the occasion of their admission to dealing on a stock exchange market, the Member States or bodies designated by them may allow some of the information specified in paragraph 2 (d), (e) and (f) to be omitted, provided that investors already possess up-to-date information about the issuer equivalent to that required by Section III as a  result of stock exchange disclosure requirements.  8.  Where a class of shares has been admitted to dealing on a stock exchange market, the Member States or bodies designated by them may allow a partial or complete exemption from the obligation to publish a prospectus if the number or estimated market  value or the nominal value or, in the absence of a nominal value, the accounting par value of the shares offered amounts to less than 10 % of the number or of the corresponding value of shares of the same class already admitted to dealing, provided that  investors already possess up-to-date information about the issuer equivalent to that required by Section III as a result of stock exchange disclosure requirements.  Article 12 1.  However, the Member States may provide that the person making a public offer shall have the possibility of drawing up a prospectus the contents of which shall, subject to adaptations appropriate to the circumstances of a public offer, be  determined in accordance with Directive 80/390/EEC.  2.  The prior scrutiny of the prospectus referred to in paragraph 1 must be carried out by the bodies designated by the Member States even in the absence of a request for admission to official stock-exchange listing.  Article 13 1.  The Member States or the bodies designated by them may authorize the omission from the prospectus referred to in Article 11 of certain information prescribed by this Directive:  (a)  if that information is of minor importance only and is not likely of influence assessment of the issuer's assets and liabilities, financial position, profits and losses and prospects; or (b)  if disclosure of that information would be contrary to the public interest or seriously detrimental to the issuer,  provided that, in the latter case, omission would not be likely to mislead the public with regard to facts and circumstances essential for assessment of the transferable securities.  2.  Where the initiator of an offer is neither the issuer nor a third party acting on the issuer's behalf, the Member States or the bodies designated by them may authorize omission from the prospectus of certain information which would not normally be  in the initiator's possession.  3.  The Member States or the bodies designated by them may provide for partial or complete exemption from the obligation to publish a prospectus where the information which those making the offer are required to supply by law, regulation or rules made  by bodies enabled to do so by national laws is available to investors not later than the time when the prospectus must be or should have been published or made available to the public, in accordance with this Directive, in the form of documents giving  information at least equivalent to that required by Section III.  Article 14  Article 14 A prospectus must be communicated, before its publication, to the bodies designated for that purpose in each Member State in which the transferable securities are offered to the public for the first time.  Article 15 A prospectus must be published or made available to the public in the Member State in which an offer to the public is made in accordance with the procedures laid down by that Member State.  Article 16 A prospectus must be published or made available to the public not later than the time when an offer is made to the public.  Article 17 1.  When a prospectus complying with Article 11 or 12 is or must be published, the advertisements, notices, posters and documents announcing the public offer distributed or made available to members of the public by the person making the  public offer, must be communicated in advance to the bodies designated in accordance with Article 14, if such bodies carry out prior scrutiny of public offer prospectuses. In such a case, the latter shall determine whether the documents concerned should  be checked before publication. Such documents must state that a prospectus exists and indicate where it is published.  2.  If Member States authorize the dissemination of the documents referred to in paragraph 1 before the prospectus is available, those documents must state that a prospectus will be published and indicate where members of the public will be able to  obtain it.  Article 18 Any significant new factor or significant inaccuracy in a prospectus capable of affecting assessment of the transferable securities which arises or is noted between the publication of the prospectus and the definitive closure of a public  offer must be mentioned or rectified in a supplement to the prospectus, to be published or made available to the public in accordance with at least the same arrangements as were applied when the original prospectus was disseminated or in accordance with  procedures laid down by the Member States or by the bodies designated by them.   SECTION IV Cooperation between Member States Article 19 The Member States shall designate the bodies, which may be the same as those referred to in Article 14, which shall cooperate with each other for the purposes of the proper application of this Directive and shall use their best endeavours,  within the framework of their responsibilities, to exchange all the information necessary to that end. Member States shall inform the Commission of the bodies thus designated. The Commission shall communicate that information to the other Member States.   Member States shall ensure that the bodies designated have the powers required for the accomplishment of their task.  Article 20 1.  Where, for the same transferable securities, public offers are made simultaneously or within a short interval of one another in two or more Member States and where a public offer prospectus is drawn up in accordance with Arcticle 7, 8 or  12, the authority competent for the approval of the prospectus shall be that of the Member State in which the issuer has its registered office if the public offer or any application for admission to official listing on a stock exchange is made in that  Member State.  2.  However, if the Member State referred to in paragraph 1 does not provide in general for the prior scrutiny of public offer prospectuses and if only the public offer or an application for admission to listing is made in that Member State, as well as  in all other cases, the person making the public offer must choose the supervisory authority from those in the Member States in which the public offer is made and which provide in general for the prior scrutiny of public offer prospectuses.   SECTION V Mutual recognition Article 21 1.  If approved in accordance with Article 20, a prospectus must, subject to translation if required, be recognized as complying or be deemed to comply with the laws of the other Member States in which the same transferable securities are  offered to the public simultaneously or within a short interval of one another, without being subject to any form of approval there and without those States being able to require that additional information be included in the prospectus. Those Member  States may, however, require that the prospectus include information specific to the market of the country in which the public offer is made concerning in particular the income tax system, the financial organizations retained to act as paying agents for  the issuer in that country, and the way in which notices to investors are published.  2.  A prospectus approved by the competent authorities within the meaning of Article 24a of Directive 80/390/EEC must be recognized as complying or be deemed to comply with the laws of another Member State in which the public offer is made, even if  partial exemption or partial derogation has been granted pursuant to this Directive, provided, however, that:  (a)  the partial exemption or partial derogation in question is of a type that is recognized in the rules of the other Member State concerned; and (b)  the circumstances that justify the partial exemption or partial derogation also exist in the other Member State concerned.  Even if the conditions laid down in (a) and (b) of the first subparagraph are not fulfilled, the Member State concerned may deem a prospectus approved by the competent authorities within the meaning of Article 20 to comply with its laws.  3.  The person making the public offer shall communicate to the bodies designated by the other Member States in which the public offer is to be made the prospectus that it intends to use in that State. That prospectus must be the same as the prospectus  approved by the authority referred to in Article 20.  4.  The Member States may restrict the application of this Article to prospectuses concerning transferable securities of issuers who have their registered office in a Member State.  SECTION VI Cooperation Article 22 1.  The competent authorities shall cooperate wherever necessary for the purpose of carrying out their duties and shall exchange any information required for that purpose.  2.  Where a public offer concerning transferable securities giving a right to participate in company capital, either immediately or at the end of a maturity period, is made in one or more Member States other than that in which the registered office of  the issuer of the shares to which those securities give entitlement is situated, while that issuer's shares have already been admitted to official listing in that Member State, the competent authorities of the Member State of the offer may act only  after having consulted the competent authorities of the Member State in which the registered office of the issuer of the shares in question is situated in cases where the public offer prospectus is scrutinized.  Article 23 1.  Member States shall provide that all persons then or previously employed by the authorities referred to in Article 20 shall be bound by the obligation of professional secrecy. This shall mean that they may not divulge any confidential  information received in the course of their duties to any person or authority whatsoever, except by virtue of provisions laid down by law.  2.  Paragraph 1 shall not prevent the various Member State authorities referred to in Article 20 from forwarding information as provided for in this Directive. The information thus exchanged shall be covered by the obligation of professional secrecy  applying the persons employed then or previously by the authority receiving such information.  3.  Without prejudice to cases covered by criminal law, the authorities referred to in Article 20 receiving information pursuant to Article 21 may use it only to carry out their functions or in the context of an administrative appeal or in court  proceedings relating to the carrying out of those functions.   SECTION VII Negotiations with non-member countries Article 24 The Community may, by means of agreements with one or more non-member countries concluded pursuant to the Treaty, recognize public offer prospectuses drawn up and scrutinized in accordance with the rules of the non-member country or countries concerned as meeting the requirements of this Directive, subject to reciprocity, provided that the rules concerned give investors protections equivalent to that afforded by this Directive, even if those rules differ from the  provisions of this Directive.   SECTION VIII Contact Committee Article 25 1.  The Contact Committee set up by Article 20 of Council Directive 79/279/EEC of 5 March 1979 coordinating the conditions for the admission of transferable securities to official stock-exchange listing (8), as last amended by Directive  82/148/EEC (9), shall also have as its function:  (a)  to facilitate, without prejudice to Articles 169 and 170 of the Treaty, the harmonized implementation of this Directive through regular consultations on any practical problems arising from its application on which exchanges of views are deemed  useful;  (b)  to facilitate consultation between the Member States on the supplements and improvements to prospectuses which they are entitled to require or recommend at national level;  (c)  to advise the Commission, if necessary, on any additions or amendments to be made to this Directive.  2.  It shall not be the function of the Contact Committee to appraise the merits of decisions taken in individual cases.   SECTION IX Final provisions Article 26 1.  Member States shall take the measures necessary for them to comply with this Directive by 17 April 1989. They shall forthwith inform the Commission thereof.  2.  Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.  Article 27 This Directive is addressed to the Member States.   Done at Luxembourg, 17 April 1989.  For the Council The President C. SOLCHAGA CATALAN  (1) OJ No C 226, 31. 8. 1982, p. 4. (2) OJ No C 125, 17. 5. 1982, p. 176 and OJ No C 69, 20. 3. 1989. (3) OJ No C 310, 30. 11. 1981, p. 50. (4) OJ No L 100, 17. 4. 1980, p. 1. (5) OJ No L 185, 4. 7. 1987, p. 81.(6) OJ No L 322, 17. 12. 1977, p. 30. (7) OJ No L 309, 4. 11. 1986, p. 15.


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31976L0546

Fourteenth Commission Directive 76/546/EEC of 8 June 1976 amending the Annexes to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs

Official Journal L 160 , 22/06/1976 P. 0011 - 0012 Greek special edition: Chapter 03 Volume 15 P. 0123

++++ ( 1 ) OJ N L 270 , 14 . 12 . 1970 , P . 1 .   ( 2 ) OJ N L 4 , 9 . 1 . 1976 , P . 21 .  FOURTEENTH COMMISSION DIRECTIVE  OF 8 JUNE 1976  AMENDING THE ANNEXES TO COUNCIL DIRECTIVE 70/524/EEC OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS   ( 76/546/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL DIRECTIVE 70/524/EEC OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS ( 1 ) , AS LAST AMENDED BY THE THIRTEENTH COMMISSION DIRECTIVE 76/13/EEC OF 15 DECEMBER 1975 ( 2 ) , AND IN PARTICULAR ARTICLE 6 THEREOF ,  WHEREAS THIS DIRECTIVE PROVIDES FOR THE CONTENT OF THE ANNEXES TO BE REGULARLY AMENDED TO TAKE ACCOUNT OF DEVELOPMENTS IN SCIENTIFIC AND TECHNICAL KNOWLEDGE ;  WHEREAS THE USE OF THE COCCIDIOSTAT METICLORPINDOL FOR RABBITS , WHICH HAS HITHERTO BEEN INCLUDED IN ANNEX II , HAS BEEN WIDELY TESTED IN THE COMMUNITY ; WHEREAS IT SHOULD THEREFORE BE AUTHORIZED , SUBJECT TO CERTAIN CONDITIONS , AT COMMUNITY LEVEL ;  WHEREAS THE USE OF THE COCCIDIOSTAT HALOFUGINONE FOR CHICKENS AND THAT OF THE HISTOMONOSTAT IPRONIDAZOLE FOR TURKEYS HAVE BEEN SUCCESSFULLY TESTED IN CERTAIN MEMBER STATES ; WHEREAS THEY SHOULD AUTHORIZED , SUBJECT TO CERTAIN CONDITIONS , AT LEAST AT NATIONAL LEVEL UNTIL THEY ARE PERMITTED AT COMMUNITY LEVEL ;  WHEREAS THE CONDITIONS LAID DOWN IN ANNEX I FOR THE USE OF COPPER FOR SWINE MAY NEED TO BE AMENDED IN ACCORDANCE WITH THE RESULTS OF RESEARCH CARRIED OUT IN CERTAIN MEMBER STATES ; WHEREAS THESE NEW CONDITIONS OF USE SHOULD BE INCLUDED IN ANNEX II TO PERMIT MORE WIDESPREAD TESTING ;  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 ANNEXES TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS ARE HEREBY AMENDED IN ACCORDANCE WITH THE FOLLOWING ARTICLES .  ARTICLE 2  IN ANNEX I , PART D " COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES " THE ITEM E 755 " METICLORPINDOL " SHALL BE SUPPLEMENTED AS FOLLOWS :   * * * * * MINIMUM * MAXIMUM   * * CHEMICAL * * * CONTENT * CONTENT  N EEC * ADDITIVES * FORMULA , * SPECIES OF ANIMAL * MAXIMUM AGE * * OTHER PROVISIONS   * * DESCRIPTION * * * PPM OF COMPLETE   * * * * * FEEDINGSTUFFS   * * * RABBITS * * 125 * 200 * USE PROHIBITED AT LEAST FIVE   * * * * * * * DAYS BEFORE SLAUGHTER  ARTICLE 3  ANNEX II SHALL BE AMENDED AS FOLLOWS :  1 . PART B " COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES " SHALL BE AMENDED AS FOLLOWS :  1.1 . ITEM 5 " METICLORPINDOL " SHALL BE DELETED .  1.2 . THE ITEMS SET OUT BELOW SHALL BE ADDED :   * * * * * MINIMUM * MAXIMUM   * * * * * CONTENT * CONTENT  N * ADDITIVES * CHEMICAL FORMULA , * SPECIES * MAXIMUM * * OTHER PROVISIONS * PERIOD OF   * * DESCRIPTION * OF * AGE * * * AUTHORIZATION   * * * ANIMAL * * PPM OF COMPLETE   * * * * * FEEDINGSTUFFS  22 * HALO - * DL-TRANS-7-BROMO-6 - * CHICKENS * * 2 * 3 * USE PROHIBITED AT * 31   * FUGI - * CHLORO-3-(3-(3-HYDRO - * FOR * * * * LEAST FIVE DAYS BEFORE * DECEMBER   * NONE * XY-2-PIPERIDYL ) ACETO - * FATTENING * * * * SLAUGHTER * 1977   * * NYL)-4(3H)-QUINAZOLI -   * * NONE HYDROBROMIDE  23 * I * 1-METHYL-2-ISO - * TURKEYS * * 50 * 85 * USE PROHIBITED AT * 31   * PRONI - * PROPYL-5-NITROI - * * * * * LEAST FIVE DAYS BEFORE * DECEMBER   * DAZIOLE * MIDAZOLE * * * * * SLAUGHTER * 1977  2 . PART D A ) " TRACE ELEMENTS " SHALL BE EXTENDED AS FOLLOWS :   * * * * * MINIMUM * MAXIMUM   * * * * * CONTENT * CONTENT  N * ADDITIVES * CHEMICAL FORMULA , * SPECIES * MAXIMUM * * OTHER PROVISIONS * PERIOD OF   * * DESCRIPTION * OF * AGE * * * AUTHORIZATION   * * * ANIMAL * * PPM OF COMPLETE   * * * * * FEEDINGSTUFFS  3 * COP - * CU * * * * * * 31   * PER * * SWINE * * > 125 * 200 * * DECEMBER   * * * * * * * * 1977  ARTICLE 4  THE MEMBER STATES SHALL , NOT LATER THAN 1 OCTOBER 1976 , BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 5  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 8 JUNE 1976 .  FOR THE COMMISSION  P . J . LARDINOIS  MEMBER OF THE COMMISSION


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31988L0664

Council Directive 88/664/EEC of 21 December 1988 amending for the ninth time Directive 69/169/EEC on the harmonization of provisions laid down by law, regulation or administrative action relating to exemption from turnover tax and excise duty on imports in international level

Official Journal L 382 , 31/12/1988 P. 0041 - 0041 Finnish special edition: Chapter 9 Volume 2 P. 0007  Swedish special edition: Chapter 9 Volume 2 P. 0007

COUNCIL DIRECTIVE of 21 December 1988 amending for the ninth time Directive 69/169/EEC on the harmonization of provisions laid down by law, regulation or administrative action relating to exemption from turnover tax and excise duty on imports in  international level (88/664/EEC)   THE COUNCIL OF THE EUROPEAN COMMUNITIES,   Having regard to the Treaty establishing the European Economic Community, and in particular Article 99 thereof,  Having regard to the proposal from the Commission (1),   Having regard to the opinion of the European Parliament (2),   Having regard to the opinion of the Economic and Social Committee (3),   Whereas Articles 2 (6) and 7b (4) of Council Directive 69/169/EEC (4), as last amended by Directive 87/198/EEC (5), provide that every two years, and for the first time on 31 October1987 at the latest, the Council, acting in accordance with the procedures provided for by the Treaty on this point, is to adjust the amounts of the exemptions referred to in paragraphs 1 and 2 of those Articles in order to maintain their genuine value;  Whereas, according to the survey conducted by the Commission, the weighted average increase in the price index for the Member States is 11,3% for the period from 1 October 1985 to 31 December 1988;  Whereas the resulting amounts should be rounded off;   Whereas, in the event of the adjustment of the Community exemption resulting in a change of less than 5% in the exemption expressed in national currency or in a reduction in that exemption, the Member State concerned should be permitted to retain the amount, in national currency, obtaining before such change,   HAS ADOPTED THIS DIRECTIVE    Article 1   Directive 69/169/EEC is hereby amended as follows:   1. in Article 2:   (a) in paragraph 1, '350 ECU' is replaced by 'ECU 390':       (b) in paragraph 2, '90 ECU' is replaced by 'ECU 100':   2. in Article 7, the following paragraph is added:   '5. Member States may maintain the existing amount of the exemption if the conversion of the amounts of the exemptions, expressed in ecus, adopted during the adjustment referred to in Articles 2(6) and 7b(4) would result in a change of less than 5% in the exemption expressed in national currency or in a reduction in that exemption';  3. in Article 7b:   (a) in paragraph 1 (a), '280 ECU' is replaced by 'ECU 310':   (b) in paragraph 1 (b), '77 ECU' is replaced by 'ECU 85':   (c) in paragraph 2, '77 ECU' is replaced by 'ECU 85'.  Article 2   1. Member States shall bring into force the measures necessary to comply with this Directive by 1 July 1989.  2. Member States shall inform the Commission of the provisions of national law which they adopt to implement this Directive.  Article 3   This Directive is addressed to the Member States.    Done at Brussels, 21 December 1988.  For the Council  The President  V. PAPANDREOU   (1) OJ No C 102, 16. 4. 1988, p. 4 and OJ No C 272, 21. 10. 1988, p. 6.  (2) OJ No C 235, 12. 9. 1988, p. 138.  (3) OJ No C 95, 11. 4. 1988, p. 11.  (4) OJ No L 13, 4. 6. 1969, p. 6.  (5) OJ No L 78, 20. 3. 1987, p. 53.