Avis juridique important

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31989L0398

Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses

Official Journal L 186 , 30/06/1989 P. 0027 - 0032 Finnish special edition: Chapter 13 Volume 19 P. 0051  Swedish special edition: Chapter 13 Volume 19 P. 0051

COUNCIL DIRECTIVE of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (89/398/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Council Directive 77/94/EEC of 21 December 1976 on the approximation of the laws of the Member States relating to foodstuffs for particular nutritional uses (4), as last amended by Directive 85/7/EEC (5), has been amended on a number of  occasions; whereas, on the occasion of new amendments, the said Directive should, for reasons of clarity, be redrafted;  Whereas the adoption of Directive 77/94/EEC was justified by the fact that the differences between national laws relating to foodstuffs for particular nutritional uses impeded their free movement, may have created unequal conditions of competion, and  thus had a direct impact on the establishment and functioning of the common market;  Whereas the approximation of national laws presupposed, in an initial stage, the drawing-up of a common definition, the determination of measures enabling the consumer to be protected against fraud concerning the nature of these products and the  adoption of rules to be complied with in labelling the products in question;  Whereas the products covered by this Directive are foodstuffs the composition and preparation of which must be specially designed to meet the particular nutritional requirements of the persons for whom they are mainly intended; whereas it may be  necessary, therefore, to provide for derogations to the general or specific provisions applicable to foodstuffs in order to achieve the specific nutritional objective;   Whereas, although foodstuffs intended for particular nutritional uses which are the subject of specific provisions can be efficiently monitored on the basis of the general rules for monitoring all types of foodstuffs, this is not always the case for  those foodstuffs in respect of which no such specific provisions exist;  Whereas for the latter the usual means available to the monitoring bodies might not in certain cases enable them to check whether a foodstuff actually has the particular nutritional properties attributed to it; whereas it is necessary therefore to  provide that, where necessary, the person responsible for placing that foodstuff on the market should assist the monitoring body in carrying out its activities;  Whereas the current state of development of Community rules on additives means that it is not possible, in the framework of this Directive, to adopt provisions on the use of additives in foodstuffs intended for particular nutritional uses if they do not  belong to one of the groups mentioned in Annex I; whereas this question should therefore be re-examined in due course;  Whereas the drawing-up of specific Directives implementing the basic principles of Community rules and amendments thereto are implementing measures of a technical nature; whereas their adoption should be entrusted to the Commission in order to simplify  and expedite the procedure;  Whereas in all cases where the Council empowers the Commission to implement rules relating to foodstuffs intended for human consumption, provision should be made for a procedure establishing close cooperation between the Member States and the Commission  within the Standing Committee for Foodstuffs, set up by Decision 69/414/EEC (6);  Whereas this Directive does not affect the time limits within which the Member States must comply with Directive 77/94/EEC,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1.  This Directive concerns foodstuffs for particular nutritional uses.   2.  (a)  Foodstuffs for particular nutritional uses are foodstuffs which, owing to their special composition or manufacturing process, are clearly distinguishable from foodstuffs for normal consumption, which are suitable for their claimed nutritional  purposes and which are marketed in such a way as to indicate such suitability.  (b)  A particular nutritional use must fulfil the particular nutritional requirements:  ii(i)  of certain categories of persons whose digestive processes or metabolism are disturbed; or i(ii)  of certain categories of persons who are in a special physiological condition and who are therefore able to obtain special benefit from controlled consumption of certain substances in foodstuffs; or (iii)  of infants or young children in good health.  Article 2 1.  The products referred to in Article 1 (2) (b) (i) and (ii) may be characterized as 'dietetic' or 'dietary'.  2.  In the labelling, presentation and advertising of foodstuffs for normal consumption the following shall be prohibited:  (a)  the use of the adjectives 'dietetic' or 'dietary' either alone or in conjunction with other words, to designate these foodstuffs;  (b)  all other markings or any presentation likely to give the impression that one of the products referred to in Article 1 is involved.  3.  However, in accordance with provisions to be adopted according to the procedure provided for in Article 13, it shall be possible for foodstuffs for normal consumption which are suitable for a particular nutritional use to indicate such suitability.   The aforesaid provisions may lay down the arrangements for indicating this suitability.  Article 3 1.  The nature or composition of the products referred to in Article 1 must be such that the products are appropriate for the particular nutritional use intended.  2.  The products referred to in Article 1 must also comply with any mandatory provisions applicable to foodstuffs for normal consumption, save as regards changes made to them to ensure their conformity with the definitions given in Article 1.  Article 4 1.  The specific provisions applicable to the groups of foods for particular nutritional uses appearing in Annex I shall be laid down by means of specific Directives.  Such specific Directives may cover in particular:  (a)  essential requirements as to the nature or composition of the products;  (b)  provisions regarding the quality of raw materials;  (c)  hygiene requirements;  (d)  permitted changes within the meaning of Article 3 (2);  (e)  a list of additives;  (f) provisions regarding labelling, presentation and advertising;  (g) sampling procedures and methods of analysis necessary for checking compliance with the requirements of the specific Directives.  Such specific Directives shall be adopted:  - in the case of point (e), by the Council acting in accordance with the procedure laid down in Article 100a,  - in the case of the other points, in accordance with the procedure laid down in Article 13.  Provisions likely to have an effect on public health shall be adopted after consultation of the Scientific Committee for Food, set up by Decision 74/234/EEC (7).  2.  A list of substances with specific nutritional purposes such as vitamins, mineral salts, amino acids and other substances intended to be added to foodstuffs intended for particular nutritional uses, together with the purity criteria applicable to  them, and, where appropriate, the conditions under which they should be used, shall be adopted in accordance with the procedure laid down in Article 13.  Article 5 Conditions under which reference may be made in labelling, presentation and advertising to a diet or to a category of persons for which a product referred to in Article 1 is intended may be adopted in accordance with the procedure laid down in  Article 13.  Article 6 1.  The labelling and the labelling methods used, the presentation and the advertising of the products referred to in Article 1 must not attribute properties for the prevention, treatment or cure of human disease to such products or imply such  properties.  Derogations from the first subparagraph may be provided for in accordance with the procedure laid down in Article 13 in exceptional and clearly defined cases. Derogations may be continued until that procedure has been completed.  2.  Paragraph 1 shall not prevent the dissemination of any useful information or recommendations exclusively intended for persons having qualifications in medicine, nutrition or pharmacy.  Article 7 1.  Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (8), as last amended by Directive 89/395/EEC (9), shall apply to the products referred to in Article 1, under the conditions set out below.  2.  The designation under which a product is sold shall be accompanied by an indication of its particular nutritional characteristics; however, in the case of the products referred to in Article 1 (2) (b) (iii), this reference shall be replaced by a  reference to the purpose for which they are intended.  3.  The labelling of products for which no specific Directive has been adopted in accordance with Article 4 must also include:  (a)  the particular elements of the qualitative and quantitative composition or the special manufacturing process which gives the product its particular nutritional characteristics;  (b)  the available energy value expressed in kilojoules and kilocalories and the carbohydrate, protein and fat content per 100 grams or 100 millilitres of the product as marketed and, where appropriate, per specified quantity of the product as proposed  for consumption.  If, however, the energy value is less than 50 kilojoules (12 kilocalories) per 100 grams or 100 millilitres of the product as marketed, these particulars may be replaced either by the words 'energy value less than 50 kilojoules (12 kilocalories) per 100  grams' or by the words 'energy value less than 50 kilojoules (12 kilocalories) per 100 millilitres'.   4.  The particular labelling requirements for those products for which a specific Directive has been adopted shall be laid down in that Directive.  Article 8 1.  The products referred to in Article 1 shall only be allowed on the retail market in pre-packaged form, and the packaging shall completely cover the products.  2.  Member States may, however, permit derogations from these provisions for purposes of the retail trade provided that the product is accompanied by the particulars provided for in Article 7 at the time when it is put on sale.  Article 9 To permit efficient official monitoring of foodstuffs intended for a particular nutritional use which do not belong to one of the groups listed in Annex I the following specific provisions shall apply:  1.  When a product as referred to above is placed on the market for the first time the manufacturer or, where a product is manufactured in a third State, the importer, shall notify the competent authority of the Member State where the product is being  marketed by forwarding it a model of the label used for the product.  2.  Where the same product is subsequently placed on the market in another Member State the manufacturer or, where appropriate, the importer, shall provide the competent authority of that Member State with the same information, together with an  indication of the recipient of the first notification.  3.  Where necessary, the competent authority shall be empowered to require the manufacturer or, where appropriate, the importer, to produce the scientific work and the data establishing the product's compliance with Article 1 (2) together with the  information provided for in Article 7 (3) (a). If such work is contained in a readily available publication, a mere reference to this publication shall suffice.  4.  Member States shall communicate to the Commission the identity of the competent authorities within the meaning of this Article and any other useful information on them.  The Commission shall publish this information in the Official Journal of the European Communities.  Detailed rules for implementing this paragraph may be adopted in accordance with the procedure laid down in Article 13.  5.  Four years after notification of this Directive, the Commission shall send the Council a report on the implementation of this Article, if necessary, together with appropriate proposals.  Article 10 1.  Member States shall not, for reasons related to their composition, manufacturing specifications, presentation or labelling, prohibit or restrict trade in products referred to in Article 1 which comply with this Directive and where  appropriate, with Directives adopted in implementation of this Directive.  2.  Paragraph 1 shall not affect national provisions which are applicable in the absence of Directives adopted in implementation of this Directive.  Article 11 1.  Where a Member State has detailed grounds for establishing that a foodstuff intended for a particular nutritional use which does not belong to one of the groups listed in Annex I does not comply with Article 1 (2) or endangers human  health, albeit freely circulating in one or more Member States, that Member State may temporarily suspend or restrict trade in that product within its territory. It shall immediately inform the Commission and the other Member States thereof and give  reasons for its decision.  2.  The Commission shall examine as soon as possible the grounds adduced by the Member State concerned, consult the Member States within the Standing Committee for Foodstuffs, and shall then deliver its opinion without delay and take appropriate  measures.  3.  If the Commission considers that the national measure must be dispensed with or modified, it shall initiate the procedure laid down in Article 13 for the adoption of appropriate measures.  Article 12 1.  Where a Member State, as a result of new information or of a reassessment of existing information made since one of the specific Directives was adopted, has detailed grounds for establishing that a foodstuff intended for particular  nutritional uses endangers human health although it complies with the relevant specific Directive, that Member State may temporarily suspend or restrict application of the provisions in question within its territory. It shall immediately inform the  other Member States and the Commission thereof and give reasons for its Decision.  2.  The Commission shall examine as soon as possible the grounds adduced by the Member State concerned and shall consult the Member States within the Standing Committee for Foodstuffs, and shall then deliver its opinion without delay and take  appropriate measures.  3.  If the Commission considers that amendments to this Directive or to the specific Directives are necessary in order to remedy the difficulties mentioned in paragraph 1 and to ensure the protection of human health, it shall initiate the procedure laid down in Article 13 with a view to adopting those amendments. The Member State which has adopted safeguard measures may in  that event retain them until the amendments have been adopted.  Article 13 Where the procedure laid down in this Article is to be followed, the chairman shall refer the matter to the Standing Committee for Foodstuffs, hereinafter referred to as 'the Committee', either on his own initiative or at the request of the  representative of a Member State.  The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The  opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.  If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.  If, on the expiry of a period of three months from the date on which the matter was referred to it, the Council has not acted, the proposed measures shall be adopted by the Commission.  Article 14 Directive 77/94/EEC is hereby repealed.  References to the repealed Directive shall be construed as references to this Directive and are to be read in accordance with the correlation table set out in Annex II.  Article 15 1.  Member States shall amend their laws, regulations and administrative provisions in such a way as:  - to permit trade in products complying with this Directive not later than 16 May 1990,  - to prohibit trade in products not complying with this Directive with effect from 16 May 1991.  They shall forthwith inform the Commission thereof.  2.  Paragraph 1 shall not affect those national provisions which in the absence of the Directives referred to in Article 4 apply to certain groups of foodstuffs intended for particular nutritional uses.  Article 16 This Directive is addressed to the Member States.   Done at Brussels, 3 May 1989.  For the Council The President P. SOLBES  (1) OJ No C 124, 23. 5. 1986, p. 7, and OJ No C 161, 19. 6. 1987, p. 12. (2) OJ No C 99, 13. 4. 1987, p. 54, and OJ No C 120, 16. 5. 1989. (3) OJ No C 328, 22. 12. 1986, p. 9. (4) OJ No L 26, 31. 1. 1977, p. 55. (5) OJ No L 2, 3. 1. 1985, p. 22.  (6) OJ No L 291, 19. 11. 1969, p. 9.  (7) OJ No L 136, 20. 5. 1974, p. 1.  (8) OJ No L 33, 8. 2. 1979, p. 1. (9) See page 17 of this Official Journal.   ANNEX I   Groups of foods for particular nutritional uses for which specific provisions will be laid down by specific Directives (¹)  1.  Infant formulae 2.  Follow-up milk and other follow-up foods 3.  Baby foods 4.  Low-energy and energy-reduced foods intended for weight control 5.  Dietary foods for special medical purposes 6.  Low-sodium foods, including low-sodium or sodium-free dietary salts 7.  Gluten-free foods 8.  Foods intended to meet the expenditure of intense muscular effort, especially for sportsmen 9.  Foods for persons suffering from carbohydrate-metabolism disorders (diabetes) (¹) It is understood that products already on the market when the Directive is adopted will not be affected by it.    ANNEX II    CORRELATION TABLE   Directive 77/94/EEC This Directive Article 1 (1) Article 1 (1) Article 1 (2) Article 2 (2) Article 1 (3) - Article 2 (1) Article 3 (1) Article 2 (2) first subparagraph Article 2 (1) Article 2 (2) second subparagraph - Article 2 (3) Article 2 (2) Article 2 (4) Article 2 (3) Article 3 Article 3 (2) - Article 4 Article 4 (1) Article 6 (1) Article 4 (2) Article 5 Article 4 (3) Article 6 (2) Article 5 (1) Article 7 (1) Article 5 (2) point (a) Article 7 (2) Article 5 (2) points (b) and (c) Article 7 (3) points (a) and (b) Article 5 (2) point (d) - Article 5 (2) point (e) Article 7 (4) Article 5 (3) - Article 6 Article 8 - Article 9 Article 7 (1) Article 10 (1) - Article 10 (2) Article 7 (2) - Article 8 - - Article 11 - Article 12 Article 9 Article 13 Article 10 - Article 11 - - Article 14 Article 12 Article 15 Article 13 Article 16 - Annex I


Avis juridique important

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31999L0032

Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC

Official Journal L 121 , 11/05/1999 P. 0013 - 0018

COUNCIL DIRECTIVE 1999/32/ECof 26 April 1999relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EECTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130s(1) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 189c of the Treaty(3),(1) Whereas the objectives and principles of the Community's environmental policy as set out in the action programmes on the environment and in particular the Fifth Environmental Action Programme(4) on the basis of principles enshrined in Article 130r of the Treaty, aim in particular to ensure the effective protection of all people from the recognised risks from sulphur dioxide emissions and to protect the environment by preventing sulphur deposition exceeding critical loads and levels;(2) Whereas Article 129 of the Treaty provides that health protection requirements are to form a constituent part of the Community's other policies; whereas Article 3(o) of the Treaty also provides that the activities of the Community should include a contribution to the attainment of a high level of health protection;(3) Whereas emissions of sulphur dioxide contribute significantly to the problem of acidification in the Community; whereas sulphur dioxide also has a direct effect on human health and on the environment;(4) Whereas acidification and atmospheric sulphur dioxide damage sensitive ecosystems, reduce biodiversity and reduce amenity value as well as detrimentally affecting crop production and the growth of forests; whereas acid rain falling in cities may cause significant damage to buildings and the architectural heritage; whereas sulphur dioxide pollution may also have a significant effect upon human health, particularly among those sectors of the population suffering from respiratory diseases;(5) Whereas acidification is a transboundary phenomenon requiring Community as well as national or local solutions;(6) Whereas emissions of sulphur dioxide contribute to the formation of particulate matter in the atmosphere;(7) Whereas the Community and the individual Member States are Contracting Parties to the UN-ECE Convention on Long-Range Transboundary Air Pollution; whereas the second UN-ECE Protocol on transboundary pollution by sulphur dioxide foresees that the Contracting Parties should reduce sulphur dioxide emissions in line with or beyond the 30 % reduction specified in the first Protocol and whereas the second UN-ECE Protocol is based on the premise that critical loads and levels will continue to be exceeded in some sensitive areas; whereas further measures to reduce sulphur dioxide emissions will still be required if the objectives in the Fifth Environmental Action Programme are to be respected; whereas the Contracting Parties should therefore make further significant reductions in emissions of sulphur dioxide;(8) Whereas sulphur which is naturally present in small quantities in oil and coal has for decades been recognised as the dominant source of sulphur dioxide emissions which are one of the main causes of "acid rain" and one of the major causes of the air pollution experienced in many urban and industrial areas;(9) Whereas the Commission has recently published a communication on a cost-effective strategy to combat acidification in the Community; whereas the control of sulphur dioxide emissions originating from the combustion of certain liquid fuels was identified as being an integral component of this cost-effective strategy; whereas the Community recognises the need for measures regarding all other fuels;(10) Whereas studies have shown that benefits from reducing sulphur emissions by reductions in the sulphur content of fuels will often be considerably greater than the estimated costs to industry in this Directive and whereas the technology exists and is well established for reducing the sulphur level of liquid fuels;(11) Whereas, in conformity with the principle of subsidiarity and the principle of proportionality referred to in Article 3b of the Treaty, the objective of reducing the emissions of sulphur dioxide arising from the combustion of certain types of liquid fuels cannot be achieved effectively by Member States acting individually; whereas unconcerted action offers no guarantee of achieving the desired objective, is potentially counterproductive and will result in considerable uncertainty in the market for the fuel products affected; whereas, in view of the need to reduce sulphur dioxide emissions across the Community, it is therefore more effective to take action at the level of the Community; whereas this Directive limits itself to the minimum requirements necessary to achieve the desired objective;(12) Whereas in Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels(5) the Commission was asked to submit to the Council a proposal prescribing lower limits for the sulphur content in gas oil and new limits for aviation kerosene; whereas it would be appropriate to lay down limits for the sulphur content of other liquid fuels, in particular heavy fuel oils, bunker fuel oils, marine gas oils and gas oils, on the basis of cost effectiveness studies;(13) Whereas, in accordance with Article 130t of the Treaty, this Directive should not prevent any Member State from maintaining or introducing more stringent protective measures; whereas such measures must be compatible with the Treaty and should be notified to the Commission;(14) Whereas a Member State, before introducing new, more stringent protective measures, should notify the draft measures to the Commission in accordance with Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations(6);(15) Whereas, with regard to the limit on the sulphur content of heavy fuel oil, it is appropriate to provide for derogations in Member States and regions where the environmental conditions allow;(16) Whereas, with regard to the limit on the sulphur content of heavy fuel oil, it is also appropriate to provide for derogations for their use in combustion plants which comply with the emission limit values laid down in Council Directive 88/609/EEC of 24 November 1988(7) on the limitation of emissions of certain pollutants into the air from large combustion plants; whereas in the light of the forthcoming revision of Directive 88/609/EEC, it may be necessary to review and, if appropriate, to revise certain provisions of this Directive;(17) Whereas for refinery combustion plants excluded from the scope of Article 3(3)(i)(c) of this Directive the emissions of sulphur dioxide averaged over such plants should not exceed the limits set out in Directive 88/609/EEC or any future revision of that Directive; whereas, in the application of this Directive, Member States should bear in mind that substitution by fuels other than those pursuant to Article 2 should not produce an increase in emissions of acidifying pollutants;(18) Whereas a limit value of 0,2 % for the sulphur content of gas oils has already been established pursuant to Directive 93/12/EEC; whereas that limit value should be changed to 0,1 % until 1 January 2008;(19) Whereas, in accordance with the 1994 Act of Accession, Austria and Finland have a derogation for a period of four years from the date of accession regarding the provisions in Directive 93/12/EEC concerning the sulphur content of gas oil;(20) Whereas the limit values of 0,2 % (from the year 2000) and of 0,1 % (from the year 2008) for the sulphur content of gas oils intended for marine use in sea-going ships may present technical and economic problems for Greece throughout its territory, for Spain with regard to the Canary Islands, for France with regard to the French Overseas Departments, and for Portugal with regard to the archipelagoes of Madeira and Azores; whereas a derogation for Greece, the Canary Islands, the French Overseas Departments and the Archipelagoes of Madeira and Azores should not have a negative effect upon the market in gas oil intended for marine use and given that exports of gas oil for marine use from Greece, the Canary Islands, the French Overseas Departments and the Archipelagoes of Madeira and Azores to other Member States should satisfy the requirements in force in the importing Member State; whereas Greece, the Canary Islands, the French Overseas Departments and the Archipelagoes of Madeira and Azores should therefore be afforded a derogation from the limit values of sulphur by weight for gas oil used for marine purposes;(21) Whereas sulphur emissions from shipping due to the combustion of bunker fuels with a high sulphur content contribute to sulphur dioxide pollution and problems of acidification; whereas the Community will be advocating more effective protection of areas sensitive to SOx emissions and a reduction in the normal limit value for bunker fuel oil (from the present 4,5 %) at the continuing and future negotiations on the MARPOL Convention within the International Maritime Organisation (IMO); whereas the Community initiatives to have the North Sea/Channel declared a special low SOx emission control area should be continued;(22) Whereas more profound research into the effects of acidification on ecosystems and the human body is needed; whereas the Community is assisting such research under the Fifth Framework Research Programme(8);(23) Whereas in the case of a disruption in the supply of crude oil, petroleum products or other hydrocarbons, the Commission may authorise application of a higher limit within a Member State's territory;(24) Whereas Member States should establish the appropriate mechanisms for monitoring compliance with the provisions of this Directive; whereas reports on the sulphur content of liquid fuels should be submitted to the Commission;(25) Whereas, for reasons of clarity, it will be necessary to amend Directive 93/12/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Purpose and scope1. The purpose of this Directive is to reduce the emissions of sulphur dioxide resulting from the combustion of certain types of liquid fuels and thereby to reduce the harmful effects of such emissions on man and the environment.2. Reductions in the emissions of sulphur dioxide resulting from the combustion of certain petroleum-derived liquid fuels shall be achieved by imposing limits on the sulphur content of such fuels as a condition for their use within the territory of the Member States.The limitations on the sulphur content of certain petroleum-derived liquid fuels as laid down in this Directive shall not, however, apply to:(a) - petroleum derived liquid fuels used by seagoing ships, except those fuels falling within the definition in Article 2(3),- marine gas oil used by ships crossing a frontier between a third country and a Member State;(b) fuels intended for processing prior to final combustion;(c) fuels to be processed in the refining industry.Article 2DefinitionsFor the purpose of this Directive:1. heavy fuel oil means:- any petroleum-derived liquid fuel falling within CN code 2710 00 71 to 2710 00 78, or- any petroleum-derived liquid fuel, other than gas oil as defined in points 2 and 3, which, by reason of its distillation limits, falls within the category of heavy oils intended for use as fuel and of which less than 65 % by volume (including losses) distils at 250 °C by the ASTM D86 method. If the distillation cannot be determined by the ASTM D86 method, the petroleum product is likewise categorised as a heavy fuel oil;2. gas oil means:- any petroleum-derived liquid fuel falling within CN code 2710 00 67 or 2710 00 68, or- any petroleum-derived liquid fuel which, by reason of its distillation limits, falls within the category of middle distillates intended for use as fuel and of which at least 85 % by volume (including losses) distils at 350 °C by the ASTM D86 method.Diesel fuels as defined in Article 2(2) of Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC(9) are excluded from this definition. Fuels used in non-road mobile machinery and agricultural tractors are also excluded from this definition;3. marine gas oil means fuels intended for marine use which meet the definition in point 2 or which have a viscosity or density falling within the ranges of viscosity or density defined for marine distillates in Table I of ISO 8217 (1996);4. ASTM method means the methods laid down by the American Society for Testing and Materials in the 1976 edition of standard definitions and specifications for petroleum and lubricating products;5. combustion plant means any technical apparatus in which fuels are oxidised in order to use the heat generated;6. critical load means a quantitative estimate of exposure to one or more pollutants below which significant harmful effects on sensitive elements of the environment do not occur according to current knowledge.Article 3Maximum sulphur content of heavy fuel oil1. Member States shall take all necessary steps to ensure that as from 1 January 2003 within their territory heavy fuel oils are not used if their sulphur content exceeds 1,00 % by mass.2. Provided that the air quality standards for sulphur dioxide laid down in Directive 80/779/EEC(10) or in any Community legislation which repeals and replaces these standards and other relevant Community provisions are respected and the emissions do not contribute to critical loads being exceeded in any Member State, a Member State may authorise heavy fuel oils with a sulphur content of between 1,00 and 3,00 % by mass to be used in part or the whole of its territory. Such authorisation shall apply only while emissions from a Member State do not contribute to critical loads being exceeded in any Member State.3. (i) Subject to appropriate monitoring of emissions by competent authorities paragraphs 1 and 2 shall not apply to heavy fuel oils used:(a) in combustion plants which fall within the scope of Directive 88/609/EEC, which are considered new plants in accordance with the definition given in Article 2(9) of that Directive and which comply with the sulphur dioxide emission limits for such plants set out in Article 4 of and Annex IV to that Directive;(b) in other combustion plants, which do not fall under the scope of (a), where the emissions of sulphur dioxide from the plant are less than or equal to 1700 mg/Nm3 at an oxygen content in the flue gas of 3 % by volume on a dry basis;(c) for combustion in refineries, where the monthly average of emissions of sulphur dioxide averaged over all plants in the refinery (excluding combustion plants which fall under the scope of (a)), irrespective of the type of fuel or fuel combination used, are within a limit to be set by each Member State, which shall not exceed 1700 mg/Nm3.(ii) Member States shall take the necessary measures to ensure that any combustion plant using heavy fuel oil with a sulphur concentration greater than that referred to in paragraph 1 shall not be operated without a permit issued by a competent authority, which specifies the emission limits.4. The provisions of paragraph 3 shall be reviewed and, if appropriate, revised in the light of any future revision of Directive 88/609/EEC.5. If a Member State avails itself of the possibilities referred to in paragraph 2, it shall, at least 12 months beforehand, inform the Commission and the public. The Commission shall be given sufficient information to assess whether the criteria mentioned in paragraph 2 are met. The Commission shall inform the other Member States.Within six months of the date on which it receives the information from the Member State, the Commission shall examine the measures envisaged and, in accordance with the procedure set out in Article 9, take a decision which it shall communicate to the Member States. This decision shall be reviewed every eight years on the basis of information to be provided to the Commission by the Member States concerned in accordance with the procedure set out in Article 9.Article 4Maximum sulphur content in gas oil1. Member States shall take all necessary steps to ensure that gas oils, including marine gas oils, are not used within their territory as from:- July 2000 if their sulphur content exceeds 0,20 % by mass,- 1 January 2008 if their sulphur content exceeds 0,10 % by mass.2. By way of derogation from paragraph 1, Spain, for the Canary Islands, France, for the French Overseas Departments, Greece, for the whole or part of its territory, and Portugal, for the archipelagoes of Madeira and Azores may authorise the use of gas oils for marine use with a sulphur content in excess of the limits set out in paragraph 1.3. Provided that the air quality standards for sulphur dioxide laid down in Directive 80/779/EEC or in any Community legislation which repeals and replaces these standards and other relevant Community provisions are respected and the emissions do not contribute to critical loads being exceeded in any Member State, a Member State may authorise gas oil with a sulphur content between 0,10 and 0,20 % by mass to be used in part or the whole of its territory. Such authorisation shall apply only while emissions from a Member State do not contribute to critical loads being exceeded in any Member State and shall not extend beyond 1 January 2013.4. If a Member State avails itself of the possibilities referred to in paragraph 3, it shall, at least 12 months beforehand, inform the Commission and the public. The Commission shall be given sufficient information to assess whether the criteria mentioned in paragraph 3 are met. The Commission shall inform the other Member States.Within six months of the date on which it receives the information from the Member State, the Commission shall examine the measures envisaged and, in accordance with the procedure set out in Article 9, take a decision which it shall communicate to the Member States.Article 5Change in the supply of fuelsIf, as a result of a sudden change in the supply of crude oil, petroleum products or other hydrocarbons, it becomes difficult for a Member State to apply the limits on the maximum sulphur content referred to in Articles 3 and 4, that Member State shall inform the Commission thereof. The Commission may authorise a higher limit to be applicable within the territory of that Member State for a period not exceeding six months; it shall notify its decision to the Council and the Member States. Any Member State may refer that decision to the Council within one month. The Council, acting by a qualified majority, may adopt a different decision within two months.Article 6Sampling and analysis1. Member States shall take all necessary measures to check by sampling that the sulphur content of fuels used complies with Articles 3 and 4. The sampling shall commence within six months of the date on which the relevant limit for maximum sulphur content in the fuel comes into force. It shall be carried out with sufficient frequency and in such a way that the samples are representative of the fuel examined.2. The reference method adopted for determining the sulphur content shall be that defined by:(a) ISO method 8754 (1992) and PrEN ISO 14596 for heavy fuel oil and marine gas oil;(b) EN method 24260 (1987), ISO 8754 (1992) and PrEN ISO 14596 for gas oil.The arbitration method will be PrEN ISO 14596. The statistical interpretation of the verification of the sulphur content of the gas oils used shall be carried out in accordance with ISO standard 4259 (1992).Article 7Reporting and review1. On the basis of the results of the sampling and analysis carried out in accordance with Article 6, Member States shall by 30 June of each year supply the Commission with a short report on the sulphur content of the liquid fuels falling within the scope of this Directive and used within their territory during the preceding calendar year. This report shall include a summary of derogations granted pursuant to Article 3(3).2. On the basis inter alia of the annual reports submitted in accordance with paragraph 1 and the observed trends in air quality and acidification, the Commission shall, by 31 December 2006, submit a report to the European Parliament and to the Council. The Commission may submit with its report proposals aimed at revising this Directive and in particular the limit values laid down for each fuel category and the exceptions and derogations provided for in Article 3(2) and (3), and Article 4(2) and (3).3. The Commission shall consider which measures could be taken to reduce the contribution to acidification of the combustion of marine fuels other than those specified in Article 2(3) and, if appropriate, make a proposal by the end of 2000.Article 8Amendments to Directive 93/12/EEC1. Directive 93/12/EEC is amended as follows:(a) in Article 1, paragraph 1(a) and paragraph 2 are deleted;(b) in Article 2, the first subparagraph of paragraph 2 and paragraph 3 are deleted;(c) Articles 3 and 4 are deleted.2. Paragraph 1 shall apply as from 1 July 2000.Article 9Advisory CommitteeThe Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.Article 10TranspositionMember States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 2000. They shall immediately inform the Commission thereof.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.Article 11PenaltiesMember States shall determine the penalties applicable to breaches of the national provisions adopted pursuant to this Directive. The penalties determined must be effective, proportionate and dissuasive.Article 12Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 13AddresseesThis Directive is addressed to the Member States.Done at Luxembourg, 26 April 1999.For the CouncilThe PresidentJ. FISCHER(1) OJ C 190, 21.6.1997, p. 9, and OJ C 259, 18.8.1998, p. 5.(2) OJ C 355, 21.11.1997, p. 1.(3) Opinion of the European Parliament of 13 May 1998 (OJ C 167, 1.6.1998, p. 111), Council Common Position of 6 October 1998 (OJ C 364, 25.11.1998, p. 20) and Decision of the European Parliament of 9 February 1999 (not yet published in the Official Journal).(4) OJ C 138, 17.5.1993, p. 5.(5) OJ L 74, 27.3.1993, p. 81.(6) OJ L 109, 26.4.1983, p. 8. Directive as last amended by Commission Decision 96/139/EC (OJ L 32, 10.2.1996, p. 31).(7) OJ L 336, 7.12.1988, p. 1. Directive as last amended by Directive 94/66/EC (OJ L 337, 24.12.1994, p. 83).(8) OJ L 26, 1.2.1999, p. 1.(9) OJ L 350, 28.12.1998, p. 58.(10) OJ L 229, 30.8.1980, p. 30. Directive as last amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48).


title: Commission Directive 2014/82/EU of 24 June 2014 amending Directive 2007/59/EC of the European Parliament and of the Council as regards general professional knowledge and medical and licence requirements  Text with EEA relevance

text:
               25.6.2014

               EN

               Official Journal of the European Union

               L 184/11

         COMMISSION DIRECTIVE 2014/82/EU
   of 24 June 2014
   amending Directive 2007/59/EC of the European Parliament and of the Council as regards general professional knowledge and medical and licence requirements
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community (1), and in particular Article 31 thereof,
   Whereas:

               (1)

               Annex II of Directive 2007/59/EC includes a provision according to which vision for both eyes is not required to be effective in the case of adequate adaptation and sufficient compensation experience and only if binocular vision was lost after starting the job. That provision contradicts the other vision requirements in Annex II of Directive 2007/59/EC and might put at risk the high level of safety in rail operations.

               (2)

               In addition, certain requirements in Annexes IV and VI of Directive 2007/59/EC regarding the licence and the certificate lack clarity, leading to different application in the Member States and ultimately jeopardizing the introduction of a harmonized licence system for train drivers in the Union.

               (3)

               On 7 May 2012 the European Railway Agency submitted advice to the European Commission regarding the amendment of Annexes II, IV and VI of Directive 2007/59/EC. The bodies represented in the European Social Dialogue Committee were consulted in accordance with Article 31 of that Directive.

               (4)

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

               (5)

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

               (6)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 2007/59/EC is amended as follows:

               (1)

               Annex II is amended as follows:
               In point ‘1.2. Vision’, the seventh indent is replaced by the following:

                           ‘—

                           vision for both eyes: effective,’;

               (2)

               Annex IV is replaced by the text in Annex I to this Directive;

               (3)

               Annex VI is amended as set out in Annex II to this Directive.

         Article 2
   Train drivers who have obtained or will obtain their licence in accordance with Directive 2007/59/EC before the date of application referred to in Article 3(1) of this Directive shall be considered to comply with its requirements.
   Article 3
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 2015 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from 1 January 2016.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   3.   The obligations for transposition and implementation of this Directive shall not apply to the Republic of Cyprus and the Republic of Malta for as long as no railway system is established within their territories.
   Article 4
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 24 June 2014.

            For the Commission

            The President

         José Manuel BARROSO

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

      ANNEX I

            ‘ANNEX IV
            GENERAL PROFESSIONAL KNOWLEDGE AND REQUIREMENTS REGARDING THE LICENCE
            The objective of the “general training” is to provide “general” competence on all aspects that are relevant to the train driver's profession. The general training in this respect will focus on basic knowledge and principles that are applicable independently of the type and nature of rolling stock or infrastructure. It can be organised without practical exercises.
            Competence with regard to specific types of rolling stock or with regard to safety and operating rules and techniques for a particular infrastructure is not part of “general” competence. Training to provide specific rolling stock or infrastructure competence relates to the train driver's certificate and is specified in Annexes V and VI.
            The general training covers subjects (1) to (7) listed below. The order in which they are listed is not an order of priority.
            The verbs used in the list indicate the nature of the competence expected to be achieved by the trainee. Their meaning is described in the following table:

                        Nature of competence

                        Description

                        to know, to describe

                        describes the acquisition of knowledge (data, facts) that is needed to understand relationships

                        to understand, to identify

                        describes the identification and memorisation of context, task performance and problem solving in a defined framework

                        (1)

                        A driver's work, the work environment, the driver's role and responsibility in the process of rail operation, the professional and personal demands of the driver's duties

                                    (a)

                                    to know the general thrust of legislation and rules applicable to rail operation and safety (requirements and procedures regarding the certification of train drivers, dangerous goods, environmental protection, fire protection, etc.),

                                    (b)

                                    to understand the specific requirements and professional and personal demands (working mainly on one's own, shift work over 24 hour cycle, individual protection and security, reading and updating documents, etc.),

                                    (c)

                                    to understand behaviours which are compatible with safety-critical responsibilities (medication, alcohol, drugs and other psychoactive substances, illness, stress, fatigue, etc.),

                                    (d)

                                    to identify the reference and operating documents (e.g. rule book, route book, driver's manual, etc.),

                                    (e)

                                    to identify the responsibilities and functions of persons involved,

                                    (f)

                                    to understand the importance of being precise in carrying out duties and in working methods,

                                    (g)

                                    to understand occupational health and safety (e.g. code of behaviour on and near tracks, code of behaviour for getting on and off the traction unit safely, ergonomics, staff safety rules, personal protective equipment, etc.),

                                    (h)

                                    to know behavioural skills and principles (stress management, extreme situations, etc.),

                                    (i)

                                    to know the principles of environmental protection (sustainable driving, etc.).

                        (2)

                        Railway technologies, including safety principles behind operational regulations

                                    (a)

                                    to know the principles, regulations and provisions regarding safety in rail operation,

                                    (b)

                                    to identify the responsibilities and functions of persons involved.

                        (3)

                        Basic principles of railway infrastructure

                                    (a)

                                    to know systematic and structural principles and parameters,

                                    (b)

                                    to know the general characteristics of tracks, stations, marshalling yards,

                                    (c)

                                    to know railway structures (bridges, tunnels, points, etc.),

                                    (d)

                                    to know operating modes (single track, double track operation, etc.),

                                    (e)

                                    to know signalling and train control systems,

                                    (f)

                                    to know safety installations (hot-axle box detectors, smoke detectors in tunnels, etc.),

                                    (g)

                                    to know traction power supply (catenary, third rail, etc.).

                        (4)

                        Basic principles of operational communication

                                    (a)

                                    to know the significance of communication and the means and procedures for communicating,

                                    (b)

                                    to identify persons the driver needs to contact and their role and responsibility (staff of the infrastructure manager, working duties of other train staff, etc.),

                                    (c)

                                    to identify situations/causes that require communication to be initiated,

                                    (d)

                                    to understand communication methods.

                        (5)

                        Trains, their composition and the technical requirements for traction units, wagons, coaches and other rolling stock

                                    (a)

                                    to know the generic types of traction (electric, diesel, steam, etc.),

                                    (b)

                                    to describe the layout of a vehicle (bogies, bodies, driving cab, protection systems, etc.),

                                    (c)

                                    to know the content and systems of labelling,

                                    (d)

                                    to know the documentation on train composition,

                                    (e)

                                    to understand braking systems and performance calculation,

                                    (f)

                                    to identify train speed,

                                    (g)

                                    to identify maximum load and forces at the coupler,

                                    (h)

                                    to know the operation and purpose of the train management system.

                        (6)

                        Hazards involved in railway operations in general

                                    (a)

                                    to understand the principles governing traffic safety,

                                    (b)

                                    to know the risks related to railway operation and the various means to be used to mitigate them,

                                    (c)

                                    to know safety-relevant incidents and understand the required behaviour/reaction,

                                    (d)

                                    to know the procedures applicable to accidents involving persons (e.g. evacuation).

                        (7)

                        Basic principles of physics

                                    (a)

                                    to understand forces at the wheel,

                                    (b)

                                    to identify factors influencing accelerating and braking performance (weather conditions, braking equipment, reduced adhesion, sanding, etc.),

                                    (c)

                                    to understand principles of electricity (circuits, measuring voltage, etc.).’

      ANNEX II
      Point 8 of Annex VI is replaced by the following:

         ‘8.   LANGUAGE TESTS
         Drivers who have to communicate with the infrastructure manager on critical safety issues must have language skills in the language indicated by the infrastructure manager concerned. Their language skills must be such that they can communicate actively and effectively in routine, adverse and emergency situations.
         They must be able to use the messages and communication method specified in the “Operations and traffic management” TSI. Drivers must be able to understand (both listening and reading) and to communicate (both speaking and writing) according to level B1 of the Common European Framework of Reference for Languages (CEFR) established by the Council of Europe (1).


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31992L0037

Commission Directive 92/37/EEC of 30 April 1992 adapting to technical progress for the sixteenth time Council Directive 67/548/EEC on the approximation of the laws, Regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

Official Journal L 154 , 05/06/1992 P. 0030 - 0031 Finnish special edition: Chapter 15 Volume 11 P. 0046  Swedish special edition: Chapter 15 Volume 11 P. 0046

COMMISSION DIRECTIVE 92/37/EEC of 30 April 1992 adapting to technical progress for the sixteenth time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification,  packaging and labelling of dangerous substancesTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1), as last amended by Directive  92/32/EEC (2), and in particular Article 19 thereof,  Whereas Annex I to Directive 67/548/CEE contains a list of dangerous substances, together with particulars of the classification and labelling procedures in respect of each substance; whereas examination of the list of the notified dangerous substances  in Annex I has shown that this list needs to be adapted in the light of present scientific and technical knowledge; whereas it is necessary to add to this list a number of substances notified to the Commission in accordance with the Directive;  Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directive for the Elimination of Technical Barriers to Trade in Dangerous Substances and Preparations,  HAS ADOPTED THE DIRECTIVE:  Article 1  Annex I of Directive 67/548/EEC is hereby amended as follows:  1. The entries in Annex I to this Directive replace the corresponding entries in Annex I.  2. The entries in Annex II to this Directive are included for the first time in Annex I.  Article 2  1. Not later than 1 November 1993 the Member States shall implement the laws, regulations and administrative provisions necessary to comply with this Directive. Member States shall immediately inform the Commission thereof.  2. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 30 April 1992.  For the Commission Carlo RIPA DI MEANA Member of the Commission (1) OJ No 196, 16. 8. 1967, p. 1.(2) See page 1 of this Official Journal.   ANNEX I and ANNEX II    These Annexes will be published in Official Journal of the European Communities No L 154 A  (See the notice published on the inside back cover of this Official Journal.)


title: Commission Directive 2014/103/EU of 21 November 2014 adapting for the third time the Annexes to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods to scientific and technical progress  Text with EEA relevance

text:
               22.11.2014

               EN

               Official Journal of the European Union

               L 335/15

         COMMISSION DIRECTIVE 2014/103/EU
   of 21 November 2014
   adapting for the third time the Annexes to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods to scientific and technical progress
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (1), and in particular Article 8(1) thereof,
   Whereas:

               (1)

               Section I.1 of Annex I, Section II.1 of Annex II and Section III.1 of Annex III to Directive 2008/68/EC refer to provisions set out in international agreements on the inland transport of dangerous goods by road, rail and inland waterways as defined in Article 2 of that Directive.

               (2)

               The provisions of these international agreements are updated every two years. Consequently, the last amended versions of these agreements shall apply as from 1 January 2015, with a transitional period up to 30 June 2015.

               (3)

               Section I.1 of Annex I, Section II.1 of Annex II and Section III.1 of Annex III to Directive 2008/68/EC should therefore be amended accordingly.

               (4)

               The measures provided for in this Directive are in accordance with the opinion of the Committee on the transport of dangerous goods,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments to Directive 2008/68/EC
   Directive 2008/68/EC is amended as follows:

               (1)

               in Annex I, Section I.1 is replaced by the following:
               ‘I.1.   ADR

               Annexes A and B to the ADR, as applicable with effect from 1 January 2015, it being understood that “contracting party” is replaced by “Member State” as appropriate.’;

               (2)

               in Annex II, Section II.1 is replaced by the following:
               ‘II.1.   RID

               Annex to the RID, appearing in Appendix C to the COTIF, as applicable with effect from 1 January 2015, it being understood that “RID Contracting State” is replaced by “Member State” as appropriate.’;

               (3)

               in Annex III, Section III.1 is replaced by the following:
               ‘III.1.   ADN

               Annexed Regulations to the ADN, as applicable with effect from 1 January 2015, as well as Articles 3(f), 3(h), 8(1), 8(3) of the ADN, it being understood that “contracting party” is replaced by “Member State” as appropriate.’.
         Article 2
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2015 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 21 November 2014.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 260, 30.9.2008, p. 13.


Avis juridique important

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31983L0496

Fourth Commission Directive 83/496/EEC of 22 September 1983 adapting to technical progress Annex VI to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products

Official Journal L 275 , 08/10/1983 P. 0020 - 0021 Spanish special edition: Chapter 15 Volume 4 P. 0129  Portuguese special edition Chapter 15 Volume 4 P. 0129  Finnish special edition: Chapter 13 Volume 13 P. 0123  Swedish special edition: Chapter 13 Volume 13 P. 0123

*****FOURTH  COMMISSION DIRECTIVE  of 22 September 1983  adapting to technical progress Annex VI to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products  (83/496/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), as last amended by Directive 83/341/EEC (2), and in particular Article 8 (2) thereof,  Whereas, in the light of the most recent scientific and technical research results, the use of 4,4-dimethyl-1,3-oxazolidine and 1,2-dibromo-2,4-dicyanobutane as preservatives in cosmetic products can be permitted, subject to certain conditions;  Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaption to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in Cosmetic Products,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The following is hereby added to Part 2 of Annex VI to Directive 76/768/EEC:  1.2.3.4.5 //   //   //   //   //   // 'Reference No  // Substance  // Maximum authorized concentration  // Limitations and requirements  // Conditions of use and warnings which must be printed on the label  //   //   //   //  //   // a  // b  // c  // d  // e  //   //   //   //   //  // 59  // 1,2-dibromo-2,4-dicyanobutane  // 0,1 %  // Not to be used in cosmetic sunscreen products  //   // 60  // 4,4-dimethyl-1,3-oxazolidine  // 0,1 %  // Only for products rinsed off after use  //   //   //   //   // The pH of the finished product shall be not lower than 6'  //   //   //  //   //   //  Article 2  Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 31 December 1984.  They shall forthwith inform the Commission thereof,  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 22 September 1983.  For the Commission  Karl-Heinz NARJES  Member of the Commission  (1) OJ No L 262, 27. 9. 1976, p. 169.  (2) OJ No L 188, 13. 7. 1983, p. 15.