title: Commission Directive 2009/122/EC of 14 September 2009 amending, for the purposes of its adaptation to technical progress, Annex II to Directive 96/73/EC of the European Parliament and of the Council on certain methods for quantitative analysis of binary textile fibre mixtures (Text with EEA relevance)

text:
               15.9.2009

               EN

               Official Journal of the European Union

               L 242/14

      COMMISSION DIRECTIVE 2009/122/EC
   of 14 September 2009
   amending, for the purposes of its adaptation to technical progress, Annex II to Directive 96/73/EC of the European Parliament and of the Council on certain methods for quantitative analysis of binary textile fibre mixtures
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 96/73/EC of the European Parliament and of the Council of 16 December 1996 on certain methods for quantitative analysis of binary textile fibre mixtures (1), and in particular Article 5 thereof,
   Whereas:

               (1)

               Directive 2008/121/EC of the European Parliament and the Council of 14 January 2009 on textile names (2) requires labelling to indicate the fibre composition of textile products, with checks being carried out by analysis on the conformity of these products with indications given on the label.

               (2)

               Uniform methods for quantitative analysis of binary textile fibre mixtures are provided for in Directive 96/73/EC.

               (3)

               On the basis of recent findings by the technical working group, Directive 2008/121/EC was adapted to technical progress, by adding the fibre melamine to the list of fibres set out in Annexes I and V to that Directive.

               (4)

               It is therefore, necessary to define uniform test methods for melamine.

               (5)

               Directive 96/73/EC should therefore be amended accordingly.

               (6)

               The measures provided for in this Directive are in accordance with the opinion of the Committee for Directives relating to Textile Names and Labelling,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex II to Directive 96/73/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 September 2010 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 be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 14 September 2009.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 32, 3.2.1997, p. 1.

      (2)  OJ L 19, 23.1.2009, p. 29.

      ANNEX
      Chapter 2 of Annex II to Directive 96/73/EC is amended as follows:

                  (a)

                  the Special Methods — Summary Table is replaced by the following:
                  ‘SUMMARY TABLE

                              Method

                              Field of application

                              Reagent

                              Soluble component

                              Insoluble component

                              1.

                              Acetate

                              Certain other fibres

                              Acetone

                              2.

                              Certain protein fibres

                              Certain other fibres

                              Hypochlorite

                              3.

                              Viscose, cupro or certain types of modal

                              Cotton, elastolefin or melamine

                              Formic acid and zinc chloride

                              4.

                              Polyamide or nylon

                              Certain other fibres

                              Formic acid, 80 % m/m

                              5.

                              Acetate

                              Triacetate, elastolefin or melamine

                              Benzyl alcohol

                              6.

                              Triacetate or polylactide

                              Certain other fibres

                              Dichloromethane

                              7.

                              Certain cellulose fibres

                              Polyester, elastomultiester or elastolefin

                              Sulphuric acid, 75 % m/m

                              8.

                              Acrylics, certain modacrylics or certain chlorofibres

                              Certain other fibres

                              Dimethylformamide

                              9.

                              Certain chlorofibres

                              Certain other fibres

                              Carbon disulphide/acetone, 55,5/44,5 v/v

                              10.

                              Acetate

                              Certain chlorofibres, elastolefin or melamine

                              Glacial acetic acid

                              11.

                              Silk

                              Wool, hair, elastolefin or melamine

                              Sulphuric acid, 75 % m/m

                              12.

                              Jute

                              Certain animal fibres

                              Nitrogen content method

                              13.

                              Polypropylene

                              Certain other fibres

                              Xylene

                              14.

                              Certain other fibres

                              Chlorofibres (homopolymers of vinyl chloride), elastolefin or melamine

                              Concentrated sulphuric acid method

                              15.

                              Chlorofibres, certain modacrylics, certain elastanes, acetates, triacetates

                              Certain other fibres

                              Cyclohexanone

                              16.

                              Melamine

                              Cotton or aramid

                              Hot formic acid 90 % m/m’

                  (b)

                  method No 1 is amended as follows:

                              (i)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          wool (1), animal hair (2 and 3), silk (4), cotton (5), flax (7) true hemp (8), jute (9), abaca (10), alfa (11), coir (12), broom (13), ramie (14), sisal (15), cupro (21), modal (22), protein (23), viscose (25), acrylic (26), polyamide or nylon (30), polyester (35) elastomultiester (46), elastolefin (47) and melamine (48).

                                    In no circumstances is the method applicable to acetate fibres which have been deacetylated on the surface.’;

                              (ii)

                              point 5 is replaced by the following:
                              ‘5.   CALCULATION AND EXPRESSION OF RESULTS
                              Calculate the results as described in the general instructions. The value of “d” is 1,00, except for melamine, for which “d” = 1,01.’;

                  (c)

                  method No 2 is amended as follows:

                              (i)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          cotton (5), cupro (21), viscose (25), acrylic (26), chlorofibres (27), polyamide or nylon (30), polyester (35), polypropylene (37), elastane (43), glass fibre (44) elastomultiester (46), elastolefin (47) and melamine (48).

                                    If different protein fibres are present, the method gives the total of their amounts but not their individual quantities.’;

                              (ii)

                              point 5 is replaced by the following:
                              ‘5.   CALCULATION AND EXPRESSION OF RESULTS
                              Calculate the results as described in the general instructions. The value of “d” is 1,00, except for cotton, viscose, modal and melamine, for which “d” = 1,01, and unbleached cotton, for which “d” = 1,03.’;

                  (d)

                  method No 3 is amended as follows:

                              (i)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          cotton (5), elastolefin (47) and melamine (48).

                                    If a modal fibre is found to be present, a preliminary test shall be carried out to see whether it is soluble in the reagent.
                              This method is not applicable to mixtures in which the cotton has suffered extensive chemical degradation nor when the viscose or cupro is rendered incompletely soluble by the presence of certain dyes or finishes that cannot be removed completely.’;

                              (ii)

                              point 5 is replaced by the following:
                              ‘5.   CALCULATION AND EXPRESSION OF RESULTS
                              Calculate the results as described in the general instructions. The value of “d” is 1,02 for cotton, 1,01 for melamine and 1,00 for elastolefin.’;

                  (e)

                  method No 4 is amended as follows:

                              (i)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          wool (1), animal hair (2 and 3), cotton (5), cupro (21), modal (22), viscose (25), acrylic (26), chlorofibre (27), polyester (35), polypropylene (37), glass fibre (44), elastomultiester (46), elastolefin (47) and melamine (48).

                                    As mentioned above, this method is also applicable to mixtures with wool, but when the wool content exceeds 25 %, method No 2 shall be applied (dissolving wool in a solution of alkaline sodium hypochlorite).’;

                              (ii)

                              point 5 is replaced by the following:
                              ‘5.   CALCULATION AND EXPRESSION OF RESULTS
                              Calculate the results as described in the general instructions. The value of “d” is 1,00, except for melamine, for which “d” = 1,01.’;

                  (f)

                  method No 5 is amended as follows:

                              (i)

                              point 1 is replaced by the following:
                              ‘1.   FIELD OF APPLICATION
                              This method is applicable, after removal of non-fibrous matter, to binary mixtures of:

                                          1.

                                          acetate (19)
                                          with

                                          2.

                                          triacetate (24), elastolefin (47) and melamine (48).’;

                              (ii)

                              point 5 is replaced by the following:
                              ‘5.   CALCULATION AND EXPRESSION OF RESULTS
                              Calculate the results as described in the general instructions. The value of “d” is 1,00, except for melamine, for which “d” = 1,01.’;

                  (g)

                  method No 6 is amended as follows:

                              (i)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          wool (1), animal hair (2 and 3), silk (4), cotton (5), cupro (21), modal (22), viscose (25), acrylic (26), polyamide or nylon (30), polyester (35), glass fibre (44) elastomultiester (46), elastolefin (47) and melamine (48).

                                 Note: Triacetate fibres which have received a finish leading to partial hydrolysis cease to be completely soluble in the reagent. In such cases, the method is not applicable.’;

                              (ii)

                              point 5 is replaced by the following:
                              ‘5.   CALCULATION AND EXPRESSION OF RESULTS
                              Calculate the results as described in the general instructions. The value of “d” is 1,00, except in the case of polyester, elastomultiester, elastolefin and melamine, for which the value of “d” is 1,01.’;

                  (h)

                  method No 8 is amended as follows:

                              (i)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          wool (1), animal hair (2 and 3), silk (4), cotton (5), cupro (21), modal (22), viscose (25), polyamide or nylon (30), polyester (35), elastomultiester (46), elastolefin (47) and melamine (48).

                                    It is equally applicable to acrylics, and certain modacrylics, treated with pre-metallised dyes, but not to those dyed with afterchrome dyes.’;

                              (ii)

                              point 5 is replaced by the following:
                              ‘5.   CALCULATION AND EXPRESSION OF RESULTS
                              Calculate the results as described in the general instructions. The value of “d” is 1,00, except in the case of wool, cotton, cupro, modal, polyester, elastomultiester, and melamine, for which the value of “d” is 1,01.’;

                  (i)

                  method No 9 is amended as follows:

                              (i)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          wool (1), animal hair (2 and 3), silk (4), cotton (5), cupro (21), modal (22), viscose (25), acrylic (26), polyamide or nylon (30), polyester (35), glass fibre (44), elastomultiester (46) and melamine (48).

                                    When the wool or silk content of the mixture exceeds 25 %, method No 2 shall be used.
                              When the polyamide or nylon content of the mixture exceeds 25 %, method No 4 shall be used.’;

                              (ii)

                              point 5 is replaced by the following:
                              ‘5.   CALCULATION AND EXPRESSION OF RESULTS
                              Calculate the results as described in the general instructions. The value of “d” is 1,00, except for melamine, for which “d” = 1,01.’;

                  (j)

                  point 1.2 of method No 10 is replaced by the following:

                              ‘2.

                              certain chlorofibres (27) namely polyvinyl chloride fibres, whether after-chlorinated or not, elastolefin (47) and melamine (48).’;

                  (k)

                  method No 11 is amended as follows:

                              (i)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          wool (1), animal hair (2 and 3), elastolefin (47) and melamine (48).’;

                              (ii)

                              point 5 is replaced by the following:
                              ‘5.   CALCULATION AND EXPRESSION OF RESULTS
                              Calculate the results as described in the general instructions. The value of “d” is 0,985 for wool, 1,00 for elastolefin and 1,01 for melamine.’;

                  (l)

                  method No 13 is amended as follows:

                              (i)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          wool (1), animal hair (2 and 3), silk (4), cotton (5), acetate (19), cupro (21), modal (22), triacetate (24), viscose (25), acrylic (26), polyamide or nylon (30), polyester (35), glass fibre (44), elastomultiester (46) and melamine (48).’;

                              (ii)

                              point 5 is replaced by the following:
                              ‘5.   CALCULATION AND EXPRESSION OF RESULTS
                              Calculate the results as described in the general instructions. The value of “d” is 1,00, except for melamine, for which “d” = 1,01.’;

                  (m)

                  method No 14 is amended as follows:

                              (i)

                              point 1 is replaced by the following:
                              ‘1.   FIELD OF APPLICATION
                              This method is applicable, after removal of non-fibrous matter, to binary mixtures of:

                                          1.

                                          cotton (5), acetate (19), cupro (21), modal (22), triacetate (24), viscose (25), certain acrylics (26), certain modacrylics (29), polyamide or nylon (30), polyester (35) and elastomultiester (46)
                                          with

                                          2.

                                          chlorofibres (27) based on homopolymers of vinyl chloride, whether after-chlorinated or not, elastolefin (47) and melamine (48).
                                          The modacrylics concerned are those which give a limpid solution when immersed in concentrated sulphuric acid (relative density 1,84 at 20 °C).
                                          This method can be used in place of method Nos 8 and 9.’;

                              (ii)

                              point 2 is replaced by the following:
                              ‘2.   PRINCIPLE
                              The constituent other than the chlorofibre, elastolefin or melamine (i.e. the fibres mentioned in paragraph 1.1) is dissolved out from a known dry mass of the mixture with concentrated sulphuric acid (relative density 1,84 at 20 °C). The residue, consisting of the chlorofibre, elastolefin or melamine, is collected, washed, dried and weighed; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of the second constituents is obtained by difference.’;

                              (iii)

                              point 5 is replaced by the following:
                              ‘5.   CALCULATION AND EXPRESSION OF RESULTS
                              Calculate the results as described in the general instructions. The value of “d” is 1,00, except for melamine, for which “d” = 1,01.’;

                  (n)

                  method No 15 is amended as follows:

                              (i)

                              point 1 is replaced by the following:
                              ‘1.   FIELD OF APPLICATION
                              This method is applicable, after removal of non-fibrous matter, to binary mixtures of:

                                          1.

                                          acetate (19), triacetate (24), chlorofibre (27), certain modacrylics (29), certain elastanes (43)
                                          with

                                          2.

                                          wool (1), animal hair (2 and 3), silk (4), cotton (5), cupro (21), modal (22), viscose (25), polyamide or nylon (30), acrylic (26), glass fibre (44) and melamine (48).

                                    Where modacrylics or elastanes are present a preliminary test must first be carried out to determine whether the fibre is completely soluble in the reagent.
                              It is also possible to analyse mixtures containing chlorofibres by using method No 9 or 14.’;

                              (ii)

                              point 5 is replaced by the following:
                              ‘5.   CALCULATION AND EXPRESSION OF RESULTS
                              Calculate the results as described in the general instructions. The value of “d” is 1,00 with the following exceptions:

                                          silk and melamine

                                          1,01;

                                          acrylic

                                          0,98.’;

                  (o)

                  method No 16 is inserted after method No 15:
                  ‘METHOD No 16

                     MELAMINE AND CERTAIN OTHER FIBRES

                     (Method using hot formic acid)

                  1.   FIELD OF APPLICATION
                  This method is applicable, after removal of non-fibrous matter, to binary mixtures of:

                              1.

                              melamine (48)
                              with

                              2.

                              cotton (5) and aramid (31).

                        2.   PRINCIPLE
                  The melamine is dissolved out from a known dry mass of the mixture with hot formic acid (90 % by mass).
                  The residue is collected, washed, dried and weighed; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of the second constituents is obtained by difference.

                     Note: Keep strictly the recommended temperature range because the solubility of melamine is very much dependent on temperature.
                  3.   APPARATUS AND REAGENTS (other than those specified in the general instructions)
                  3.1.   Apparatus

                              (i)

                              Glass-stoppered conical flask of at least 200 ml capacity.

                              (ii)

                              Shaking water bath or other apparatus to shake and maintain the flask at 90 ± 2 °C.

                        3.2.   Reagents

                              (i)

                              Formic acid (90 % m/m, relative density at 20 °C: 1,204 g/ml). Dilute 890 ml of 98 to 100 % m/m formic acid (relative density at 20 °C: 1,220 g/ml) to 1 liter with water.
                              Hot formic acid is very corrosive and must be handled with care.

                              (ii)

                              Ammonia, dilute solution: dilute 80 ml of concentrated ammonia solution (relative density at 20 °C: 0,880) to 1 litre with water.

                        4.   TEST PROCEDURE
                  Follow the procedure described in the general instructions, then proceed as follows:
                  To the specimen contained in the glass-stoppered conical flask of at least 200 ml capacity, add 100 ml of formic acid per gram of specimen. Insert the stopper and shake the flask to wet out the specimen. Maintain the flask in a shaking water bath at 90 ± 2 °C for 1 hour, shaking it vigorously. Cool the flask to room temperature. Decant the liquid through the weighed filter crucible. Add 50 ml of formic acid to the flask containing the residue, shake manually and filter the contents of the flask through the filter crucible. Transfer any residual fibres to the crucible by washing out the flask with a little more formic acid reagent. Drain the crucible with suction and wash the residue with formic acid reagent, hot water, dilute ammonia solution, and finally cold water, draining the crucible with suction after each addition. Do not apply suction until each washing liquor has drained under gravity. Finally, drain the crucible with suction, dry the crucible and residue, and cool and weigh them.

                     Note: Temperature has a very strong influence on solubility properties of melamine and should be carefully controlled.
                  5.   CALCULATION AND EXPRESSION OF RESULTS
                  Calculate the results as described in the general instructions. The value of “d” for cotton and aramid is 1,02.
                  6.   PRECISION
                  On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 2 for a confidence level of 95 %.’


Avis juridique important

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31996L0100

Directive 96/100/EC of the European Parliament and of the Council of 17 February 1997 amending the Annex to Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State

Official Journal L 060 , 01/03/1997 P. 0059 - 0060

DIRECTIVE 96/100/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 February 1997 amending the Annex to Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member StateTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),Whereas according to different artistic traditions within the Community water-colour, gouache and pastel pictures are variously regarded as being either paintings or drawings; whereas Category 4 of the Annex to Directive No 93/7/EEC (4) includes drawings executed entirely by hand on any medium in any material, and Category 3 includes pictures and paintings executed entirely by hand on any medium in any material; whereas the financial thresholds which apply to these two categories are different; whereas in the internal market this could lead to serious differences of treatment for water-colour, gouache and pastel pictures depending upon the Member State in which they are situated; whereas it is necessary to decide for the purposes of the application of the Directive into which category they shall fall to ensure that the financial thresholds applied shall be the same throughout the Community;Whereas experience shows that the prices realized by water-colour, gouache and pastel pictures tend to be rather higher than those realized by drawings and much lower than those fetched by paintings in oil or tempora; whereas accordingly it is expedient to place water-colour, gouache and pastel pictures into a new separate category with a threshold of ECU 30 000 which would ensure that works of major significance unlawfully removed from the territory of a Member State can be returned,HAVE ADOPTED THIS DIRECTIVE:Article 1 The Annex to Directive No 93/7/EEC shall be amended as follows:1 in heading A:(a) point 3 shall be replaced by:'3. Pictures and paintings, other than those included in Category 3A or 4, executed entirely by hand on any material and in any medium (1)`;(b) the following point shall be inserted:'3A. Water-colours, gouaches and pastels executed entirely by hand on any material (1)`;(c) point 4 shall be replaced by the following:'4. Mosaics in any material executed entirely by hand, other than those falling in Categories 1 or 2, and drawings in any medium executed entirely by hand on any material (1)`;2 in heading B:The following Category shall be inserted:'30 000- 3A. (Water colours, gouaches and pastels)`.Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within six months of the date of its publication in the Official Journal of the European Communities. They shall forthwith inform the Commission thereof.When Member States adopt these measures, 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 a reference shall be laid down by the Member States.Article 3 This Directive is addressed to the Member States.Done at Brussels, 17 February 1997.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentG. ZALM(1) OJ No C 6, 11. 1. 1996, p. 15.(2) OJ No C 97, 1. 4. 1996, p. 28.(3) Opinion of the European Parliament of 21 May 1996 (OJ No C 166, 10. 6. 1996, p. 38), Council Common Position of 8 July 1996 (OJ No C 264, 11. 9. 1996, p. 66) and Decision of the European Parliament of 13 November 1996 (OJ No C 362, 2. 12. 1996). Council Decision of 20 December 1996.(4) OJ No L 74, 27. 3. 1993, p. 74.


Avis juridique important

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31978L0549

Council Directive 78/549/EEC of 12 June 1978 on the approximation of the laws of the Member States relating to the wheel guards of motor vehicles

Official Journal L 168 , 26/06/1978 P. 0045 - 0050 Finnish special edition: Chapter 13 Volume 8 P. 0145  Greek special edition: Chapter 13 Volume 7 P. 0130  Swedish special edition: Chapter 13 Volume 8 P. 0145  Spanish special edition: Chapter 13 Volume 8 P. 0195  Portuguese special edition Chapter 13 Volume 8 P. 0195

COUNCIL DIRECTIVE  of 12 June 1978  on the approximation of the laws of the Member States relating to the wheel guards of motor vehicles  (78/549/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to the wheel guards of motor vehicles;  Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules in order, in particular, to allow the EEC type-approval procedure which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3), as last amended by Directive 78/547/EEC (4), to be introduced in respect of each type of vehicle;  Whereas the approximation of national laws relating to motor vehicles entails the mutual recognition by Member States of the inspections carried out by each of them on the basis of the common requirements,  HAS ADOPTED THIS DIRECTIVE:    Article 1 For the purposes of this Directive, "vehicle" means any motor vehicle in category M1 (as defined in Annex I to Directive 70/156/EEC) designed for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.   Article 2 No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to the wheel guards if they satisfy the requirements laid down in Annex I.   Article 3 No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to the wheel guards if they satisfy the requirements laid down in Annex I.   Article 4 Any amendments necessary to adapt the provisions of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.   Article 5 1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the  (1)OJ No C 118, 16.5.1977, p. 29. (2)OJ No C 114, 11.5.1977, p. 6. (3)OJ No L 42, 23.2.1970, p. 1. (4)See page 39 of this Official Journal.   field covered by this Directive are communicated to the Commission.   Article 6 This Directive is addressed to the Member States.     Done at Luxembourg, 12 June 1978.  For the Council  The President  K. OLESEN      ANNEX I    1. GENERAL REQUIREMENTS      1.1. The motor vehicle must be provided with wheel guards (parts of the bodywork, mudguards, etc.).           1.2. The wheel guards must be so designed as to protect other road users, as far as possible, against thrown-up stones, mud, ice, snow and water and to reduce for those users the dangers due to contact with the moving wheels.                  2. SPECIAL REQUIREMENTS      2.1. The wheel guards must meet the following requirements when the vehicle is in running order (see section 2.6 of Annex I to Directive 70/156/EEC) and the wheels are in the dead ahead position:        2.1.1. In the part formed by radial planes at an angle of 30º to the front and 50º to the rear of the centre of the wheels (see figure 1), the overall width (q) of the wheel guards must be at least sufficient to cover the total tyre width (b) taking into account the extremes of tyre/wheel combination as specified by the manufacturer and as indicated in section 5.2 of the certificate set out in Annex II. In the case of twin wheels, the total width over the two tyres (t) shall be taken into account.          2.1.1.1. For the purposes of determining the widths referred to in 2.1.1, the labelling (marking) and decorations, protective bands or ribs on tyre walls are not taken into account.                                  2.1.2. The rear of the wheel guards must not terminate above a horizontal plane 150 mm above the axis of rotation of the wheels (as measured at the wheel centres) and furthermore the intersection of the edge of the wheel guard with this plane (point A, figure 1) must lie outside the median longitudinal plane of the tyre, or in the case of twin wheels the median longitudinal plane of the outermost tyre.               2.1.3. The contour and location of the wheel guards shall be such that they are as close to the tyre as possible ; and in particular within the part formed by the radial planes referred to in 2.1.1, they shall satisfy the following requirements:          2.1.3.1. the projection - situated in the vertical plane of the tyre axis - of the depth (p) of the outer edge of the wheel guards, measured in the vertical longitudinal plane passing through the centre of the tyre, must be at least 30 mm. This depth (p) may be reduced progressively to zero at the radial planes specified in 2.1.1;                   2.1.3.2. the distance (c) between the lower edges of the wheel guards and the axis passing through the centre of the wheels must not exceed 2r, "r" being the static radius of the tyre.                                  2.1.4. In the case of vehicles having adjustable suspension height, the abovementioned requirements must be met when the vehicle is in the normal running position specified by the vehicle manufacturer.                          2.2. The wheel guards may consist of several components, provided no gaps exist between or within the individual parts when assembled.           2.3. The wheel guards must be firmly attached. However, they may be detachable either as a unit or in parts.                  3. USE OF CHAINS      3.1. The manufacturer must certify that the vehicle is so designed that at least one type of snow chain can be used on at least one of the types of tyres approved for the drive wheels of that type of vehicle. One chain/tyre combination suitable for the vehicle must be specified by the manufacturer and indicated in section 5.1 of the certificate set out in Annex II.                   4. APPLICATION FOR EEC TYPE-APPROVAL      4.1. The application for EEC type-approval of a vehicle type with regard to wheel guards must be submitted by the vehicle manufacturer or his authorized representative.           4.2. It must be accompanied by the following documents in triplicate and by the following particulars:        4.2.1. - a detailed description of the vehicle type with regard to wheel guards ; and               4.2.2. - detailed drawings of the wheel guards showing their position on the vehicle.                          4.3. A vehicle representative of the type of vehicle to be approved must be submitted to the technical service responsible for conducting type-approval tests. >PIC FILE= "T0013196">                        ANNEX II  MODEL  (Maximum format : A4 (210 x 297 mm) >PIC FILE= "T0013197">    >PIC FILE= "T0013198">


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31991L0688

Council Directive 91/688/EEC of 11 December 1991 amending Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries

Official Journal L 377 , 31/12/1991 P. 0018 - 0019 Finnish special edition: Chapter 3 Volume 40 P. 0044  Swedish special edition: Chapter 3 Volume 40 P. 0044

COUNCIL DIRECTIVE of 11 December  1991 amending Directive 72/462/EEC on health and veterinary inspection problems upon importation of  bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries  (91/688/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  43 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 72/462/EEC (4), as last amended by Directive 91/266/EEC (5), defines in  particular the conditions which must be satisfied as regards classical swine-fever upon importation  of live pigs, fresh pig meat and meat products from third countries; Whereas, given that the health situation within the Community in respect of classical swine-fever  has improved and systematic vaccination against the disease has been discontinued, it is  appropriate to amend the conditions laid down for importation of live pigs, fresh pig meat and meat  products, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 72/462/EEC is hereby amended as follows: 1. the following paragraphs shall be added to Article 6: '4.  In respect of classical swine-fever, pigs must come from the territory of a third country  which: - has been free from classical swine-fever for at least 12 months, - has not permitted vaccination for the preceding 12 months, - does not allow on its territory pigs which have been vaccinated less than 12 months previously. 5.  By way of derogation from paragraph 4, it may be decided, in accordance with the procedure laid  down in Article 29, to authorize the importation of pigs coming from a part of the territory of a  third country provided that vaccination against classical swine-fever is prohibited throughout the  entire territory of that country and that the part of the territory of the third country concerned  fulfils the conditions laid down in paragraph 4. 6.  By way of derogation from paragraph 4, in the event of classical swine-fever occurring in a  third country which fulfils the conditions of paragraph 4, it may be decided, in accordance with  the procedure laid down in Article 29, that the period of 12 months referred to in the first indent  of paragraph 4 may be reduced to six months if: (a) an outbreak or a number of epizootiologically interrelated outbreaks occur within a  geographical limited area; and (b) the outbreak or outbreaks have been stamped out, within a period of three months and without  recourse to vaccination.`; 2. the following subparagraph shall be added to Article 14 (2): '(c) in which no classical swine-fever has been detected for at least the preceding 12 months,  vaccination against classical swine-fever has not been authorized for at least the preceding 12  months and no pigs have been vaccinated against classical swine-fever in the preceding 12  months.`; 3. the following sentence shall be added to Article 15: 'In accordance with the procedure laid down in Article 29, it may be decided to derogate from  Article 14 (2) (c).` Article 2 Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive not later than 1 July 1992. They shall forthwith  inform the Commission thereof. When these measures are adopted by the Member States, they 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, 11 December 1991. For the CouncilThe PresidentP. BUKMAN   (1)OJ N° C 226, 31. 8. 1991, p. 21.  (2)OJ N° C 326, 16. 12. 1991.  (3)Opinion delivered on 28 November 1991 (not yet published in the Official Journal).  (4)OJ N° L 302, 31. 12. 1972, p. 28.  (5)OJ N° L 134, 29. 5. 1991, p. 45.


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32002L0038

Council Directive 2002/38/EC of 7 May 2002 amending and amending temporarily Directive 77/388/EEC as regards the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services

Official Journal L 128 , 15/05/2002 P. 0041 - 0044

Council Directive 2002/38/ECof 7 May 2002amending and amending temporarily Directive 77/388/EEC as regards the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied servicesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 93 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas:(1) The rules currently applicable to VAT on radio and television broadcasting services and on electronically supplied services, under Article 9 of the sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment(4), are inadequate for taxing such services consumed within the Community and for preventing distortions of competition in this area.(2) In the interests of the proper functioning of the internal market, such distortions should be eliminated and new harmonised rules introduced for this type of activity. Action should be taken to ensure, in particular, that such services where effected for consideration and consumed by customers established in the Community are taxed in the Community and are not taxed if consumed outside the Community.(3) To this end, radio and television broadcasting services and electronically supplied services provided from third countries to persons established in the Community or from the Community to recipients established in third countries should be taxed at the place of the recipient of the services.(4) To define electronically supplied services, examples of such services should be included in an annex to the Directive.(5) To facilitate compliance with fiscal obligations by operators providing electronically supplied services, who are neither established nor required to be identified for tax purposes within the Community, a special scheme should be established. In applying this scheme any operator supplying such services by electronic means to non-taxable persons within the Community, may, if he is not otherwise identified for tax purposes within the Community, opt for identification in a single Member State.(6) The non-established operator wishing to benefit from the special scheme should comply with the requirements laid down therein, and with any relevant existing provision in the Member State where the services are consumed.(7) The Member State of identification must under certain conditions be able to exclude a non-established operator from the special scheme.(8) Where the non-established operator opts for the special scheme, any input value added tax that he has paid with respect to goods and services used by him for the purpose of his taxed activities falling under the special scheme, should be refunded by the Member State where the input value added tax was paid, in accordance with the arrangements of the thirteenth Council Directive 86/560/EEC of 17 November 1986 on the harmonisation of the laws of the Member States relating to turnover taxes - arrangements for the refund of value added tax to taxable persons not established in Community territory(5). The optional restrictions for refund in Article 2(2) and (3) and Article 4(2) of the same Directive should not be applied.(9) Subject to conditions which they lay down, Member States should allow certain statements and returns to be made by electronic means, and may also require that electronic means are used.(10) Those provisions pertaining to the introduction of electronic tax returns and statements should be adopted on a permanent basis. It is desirable to adopt all other provisions for a temporary period of three years which may be extended for practical reasons but should, in any event, based on experience, be reviewed within three years from 1 July 2003.(11) Directive 77/388/EEC should therefore be amended accordingly,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 77/388/EEC is hereby temporarily amended as follows:1. in Article 9:(a) in paragraph (2)(e), a comma shall replace the final full stop and the following indents shall be added: "- radio and television broadcasting services,- electronically supplied services, inter alia, those described in Annex L."(b) in paragraph 2, the following point shall be added: "(f) the place where services referred to in the last indent of subparagraph (e) are supplied when performed for non-taxable persons who are established, have their permanent address or usually reside in a Member State, by a taxable person who has established his business or has a fixed establishment from which the service is supplied outside the Community or, in the absence of such a place of business or fixed establishment, has his permanent address or usually resides outside the Community, shall be the place where the non-taxable person is established, has his permanent address or usually resides."(c) in paragraph 3, the introductory phrase shall be replaced by the following: "3. In order to avoid double taxation, non-taxation or the distortion of competition, the Member States may, with regard to the supply of services referred to in paragraph 2(e), except for the services referred to in the last indent when supplied to non-taxable persons, and also with regard to the hiring out of forms of transport consider:"(d) paragraph 4 shall be amended as follows: "4. In the case of telecommunications services and radio and television broadcasting services referred to in paragraph 2(e) when performed for non-taxable persons who are established, have their permanent address or usually reside in a Member State, by a taxable person who has established his business or has a fixed establishment from which the service is supplied outside the Community, or in the absence of such a place of business or fixed establishment, has his permanent address or usually resides outside the Community, Member States shall make use of paragraph 3(b)."2. in Article 12(3)(a), the following fourth subparagraph shall be added: "The third subparagraph shall not apply to the services referred to in the last indent of Article 9(2)(e)."3. the following Article shall be added: "Article 26cSpecial scheme for non-established taxable persons supplying electronic services to non-taxable personsA. DefinitionsFor the purposes of this Article, the following definitions shall apply without prejudice to other Community provisions:(a) 'non-established taxable person' means a taxable person who has neither established his business nor has a fixed establishment within the territory of the Community and who is not otherwise required to be identified for tax purposes under Article 22;(b) 'electronic services' and 'electronically supplied services' means those services referred to in the last indent of Article 9(2)(e);(c) 'Member State of identification' means the Member State which the non-established taxable person chooses to contact to state when his activity as a taxable person within the territory of the Community commences in accordance with the provisions of this Article;(d) 'Member State of consumption' means the Member State in which the supply of the electronic services is deemed to take place according to Article 9(2)(f);(e) 'value added tax return' means the statement containing the information necessary to establish the amount of tax that has become chargeable in each Member State.B. Special scheme for electronically supplied services1. Member States shall permit a non-established taxable person supplying electronic services to a non-taxable person who is established or has his permanent address or usually resides in a Member State to use a special scheme in accordance with the following provisions. The special scheme shall apply to all those supplies within the Community.2. The non-established taxable person shall state to the Member State of identification when his activity as a taxable person commences, ceases or changes to the extent that he no longer qualifies for the special scheme. Such a statement shall be made electronically.The information from the non-established taxable person to the Member State of identification when his taxable activities commence shall contain the following details for the identification: name, postal address, electronic addresses, including websites, national tax number, if any, and a statement that the person is not identified for value added tax purposes within the Community. The non-established taxable person shall notify the Member State of identification of any changes in the submitted information.3. The Member State of identification shall identify the non-established taxable person by means of an individual number. Based on the information used for this identification, Member States of consumption may keep their own identification systems.The Member State of identification shall notify the non-established taxable person by electronic means of the identification number allocated to him.4. The Member State of identification shall exclude the non-established taxable person from the identification register if:(a) he notifies that he no longer supplies electronic services, or(b) it otherwise can be assumed that his taxable activities have ended, or(c) he no longer fulfils the requirements necessary to be allowed to use the special scheme, or(d) he persistently fails to comply with the rules concerning the special scheme.5. The non-established taxable person shall submit by electronic means to the Member State of identification a value added tax return for each calendar quarter whether or not electronic services have been supplied. The return shall be submitted within 20 days following the end of the reporting period to which the return refers.The value added tax return shall set out the identification number and, for each Member State of consumption where tax has become due, the total value, less value added tax, of supplies of electronic services for the reporting period and total amount of the corresponding tax. The applicable tax rates and the total tax due shall also be indicated.6. The value added tax return shall be made in euro. Member States which have not adopted the euro may require the tax return to be made in their national currencies. If the supplies have been made in other currencies, the exchange rate valid for the last date of the reporting period shall be used when completing the value added tax return. The exchange shall be done following the exchange rates published by the European Central Bank for that day, or, if there is no publication on that day, on the next day of publication.7. The non-established taxable person shall pay the value added tax when submitting the return. Payment shall be made to a bank account denominated in euro, designated by the Member State of identification. Member States which have not adopted the euro may require the payment to be made to a bank account denominated in their own currency.8. Notwithstanding Article 1(1) of Directive 86/560/EEC, the non-established taxable person making use of this special scheme shall, instead of making deductions under Article 17(2) of this Directive, be granted a refund according to Directive 86/560/EEC. Articles 2(2), 2(3) and 4(2) of Directive 86/560/EEC shall not apply to the refund related to electronic supplies covered by this special scheme.9. The non-established taxable person shall keep records of the transactions covered by this special scheme in sufficient detail to enable the tax administration of the Member State of consumption to determine that the value added tax return referred to in paragraph 5 is correct. These records should be made available electronically on request to the Member State of identification and to the Member State of consumption. These records shall be maintained for a period of 10 years from the end of the year when the transaction was carried out.10. Article 21(2)(b) shall not apply to a non-established taxable person who has opted for this special scheme."Article 2Article 22, contained in Article 28h of Directive 77/388/EEC, is hereby amended as follows:1. in paragraph 1, point (a) shall be replaced by the following: "(a) Every taxable person shall state when his activity as a taxable person commences, changes or ceases. Member States shall, subject to conditions which they lay down, allow the taxable person to make such statements by electronic means, and may also require that electronic means are used."2. in paragraph 4, point (a) shall be replaced by the following: "(a) Every taxable person shall submit a return by a deadline to be determined by Member States. That deadline may not be more than two months later than the end of each tax period. The tax period shall be fixed by each Member State at one month, two months or a quarter. Member States may, however, set different periods provided that they do not exceed one year. Member States shall, subject to conditions which they lay down, allow the taxable person to make such returns by electronic means, and may also require that electronic means are used."3. in paragraph 6, point (a) shall be replaced by the following: "(a) Member States may require a taxable person to submit a statement, including all the particulars specified in paragraph 4, concerning all transactions carried out in the preceding year. That statement shall provide all the information necessary for any adjustments. Member States shall, subject to conditions which they lay down, allow the taxable person to make such statements by electronic means, and may also require that electronic means are used."4. in paragraph 6, the second paragraph in point (b) shall be replaced by: "The recapitulative statement shall be drawn up for each calendar quarter within a period and in accordance with procedures to be determined by the Member States, which shall take the measures necessary to ensure that the provisions concerning administrative cooperation in the field of indirect taxation are in any event complied with. Member States shall, subject to conditions which they lay down, allow the taxable person to make such statements by electronic means, and may also require that electronic means are used."Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 1 July 2003. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such 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 provisions of domestic law which they adopt in the field covered by this Directive.Article 4Article 1 shall apply for a period of three years starting from 1 July 2003.Article 5The Council, on the basis of a report from the Commission, shall review the provisions of Article 1 of this Directive before 30 June 2006 and shall either, acting in accordance with Article 93 of the Treaty, adopt measures on an appropriate electronic mechanism on a non-discriminatory basis for charging, declaring, collecting and allocating tax revenue on electronically supplied services with taxation in the place of consumption or, if considered necessary for practical reasons, acting unanimously on the basis of a proposal from the Commission, extend the period mentioned in Article 4.Article 6This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 7This Directive is addressed to the Member States.Done at Brussels, 7 May 2002.For the CouncilThe PresidentR. De Rato Y Figaredo(1) OJ C 337 E, 28.11.2000, p. 65.(2) OJ C 232, 17.8.2001, p. 202.(3) OJ C 116, 20.4.2001, p. 59.(4) OL L 145, 13.6.1977, p. 1. Directive as last amended by Council Directive 2001/115/EC (OJ L 15, 17.1.2002, p. 24).(5) OJ L 326, 21.11.1986, p. 40.ANNEX""ANNEX LILLUSTRATIVE LIST OF ELECTRONICALLY SUPPLIED SERVICES REFERRED TO IN ARTICLE 9(2)(e)1. Website supply, web-hosting, distance maintenance of programmes and equipment.2. Supply of software and updating thereof.3. Supply of images, text and information, and making databases available.4. Supply of music, films and games, including games of chance and gambling games, and of political, cultural, artistic, sporting, scientific and entertainment broadcasts and events.5. Supply of distance teaching.Where the supplier of a service and his customer communicates via electronic mail, this shall not of itself mean that the service performed is an electronic service within the meaning of the last indent of Article 9(2)(e).


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31983L0206

Council Directive 83/206/EEC of 21 April 1983 amending Directive 80/51/EEC on the limitation of noise emissions from subsonic aircraft

Official Journal L 117 , 04/05/1983 P. 0015 - 0017 Spanish special edition: Chapter 07 Volume 3 P. 0162  Portuguese special edition Chapter 07 Volume 3 P. 0162  Finnish special edition: Chapter 15 Volume 4 P. 0122  Swedish special edition: Chapter 15 Volume 4 P. 0122

*****COUNCIL  DIRECTIVE  of 21 April 1983  amending Directive 80/51/EEC on the limitation of noise emissions from subsonic aircraft  (83/206/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,  Having regard to the draft Directive submitted by 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 changes made by the International Civil Aviation Organization to Annex 16 of the Convention on international civil aviation, which specifies aircraft noise emission standards, and other action in the international area on aircraft noise have made it necessary to make certain amendments to Council Directive 80/51/EEC of 20 December 1979 on the limitation of noise emissions from subsonic aircraft (3).  Whereas it is necessary to clarify the intention of Articles 1 and 5 of Council Directive 80/51/EEC;  Whereas civil subsonic jet aeroplanes which are not registered in the territories of Member States and which do not comply with the relevant international standards should be prevented from operating in those territories after 31 December 1987, subject to possible temporary exemptions until 31 December 1989;  Whereas it would not seem necessary to extend this ban to Greenland in view of its geographical location and sparse population;  Whereas an exception to the rules on noise certification should be made for a small number of specially designed aircraft used for transport for the aeronautical industry in the Community,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 80/51/EEC shall be amended as follows:  1. Article 1 shall be replaced by the following:  'Article 1  Each Member State shall ensure that any civil subsonic jet or propellor-driven aeroplane registered in its territory and falling within one of the categories set out in Volume I (Aircraft Noise) of Annex 16 to the Convention on international civil aviation, as applicable from 26 November 1981, in accordance with Amendment 5, (hereinafter referred to as Annex 16/5) may not be used in the territory of Member States unless it has granted noise certification on the basis of satisfactory evidence that the aeroplane complies with requirements which are at least equal to the applicable standards specified in Part II, Chapters 2, 3, 5 or 6 of Volume I of Annex 16/5.'  2. In Article 2 (1):  - the word 'aircraft' shall each time be replaced by the word 'aeroplane'.  - in (e) the word 'weights' shall be replaced by the word 'mass'.  3. Article 3 (1) shall be replaced by the following:  '1. Each Member State shall ensure that all civil propellor-driven aeroplanes with a maximum certificated take-off mass not exceeding 5 700 kg and all civil subsonic jet aeroplanes if they do not fall within one of the categories set out in Volume I of Annex 16/5, but use aerodromes situated in any Member State, are certificated in accordance with requirements which are at least equal to the applicable standards specified in Part II, Chapter 2 or 6 of Volume I of Annex 16/5 when being newly registered in its territory.'  4. In Article 4 the word 'aircraft' shall be replaced each time by the word 'aeroplanes'.  5. Article 5 shall be replaced by the following:  'Article 5  1. Without prejudice to Article 1, each Member State shall ensure that as from 1 January 1987 civil subsonic jet aeroplanes registered in its territory may not be used in the territory of Member States unless it has granted noise certification on the basis of satisfactory evidence that these aeroplanes comply with requirements which are at least equal to the standards specified in Part II, Chapter 2, of Volume I of Annex 16/5.  2. The competent authorities of the Member States may grant temporary exemptions from paragraph 1 or from Article 7 (2) if the operator undertakes to replace the aeroplanes concerned, by 31 December 1988 at the latest, by other aeroplanes available on the market which comply with requirements which are at least equal to the noise standards specified in Part II, Chapter 3, of Volume I of Annex 16/5.'  6. In Article 6:  - the word 'aircraft' shall be replaced by the word 'aeroplanes',  - the present text shall become paragraph 1,  - the following paragraph shall be added:  '2. Member States may authorize the use of civil propellor-driven aeroplanes with a maximum certificated take-off mass exceeding 5 700 kg which are specially designed and manufactured in very few units, and used for the transportation of aeronautical industry products of exceptional sizes, and which cannot be put into service on the basis of the other provisions of this Directive, if they ensure that such aeroplanes operate only in their territory or in that of other consenting States.  A Member State shall, before granting an authorization in accordance with this paragraph, inform the Commission thereof.'  7. In Article 7:  - the word 'aircraft' shall each time be replaced by the word 'aeroplanes',  - the existing text shall become paragraph 1,  - the following paragraphs shall be added:  '2. As from 1 January 1988, Member States shall not permit the operation in their territories of civil subsonic jet aeroplanes which are not registered in a Member State and which do not comply with requirements which are at least equal to the noise standards specified in Part II, Chapter 2, of Volume I of Annex 16/5.  3. The competent authorities of the Member States may allow temporary exemptions from paragraph 2 if the operator furnishes proof of the economic or technical impossibility of serving their airports by means of aeroplanes which comply with the standards referred to in paragraph 2. Such exemptions must expire by 31 December 1989 at the latest.  4. Paragraphs 2 and 3 of this Article shall not apply to Greenland.'  Article 2  1. Member States shall bring into force the provisions necessary to comply with this Directive not later than 12 months after its notification. They shall forthwith inform the Commission thereof (1).  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 3  This Directive is addressed to the Member States.  Done at Luxembourg, 21 April 1983.  For the Council  The President  D. von WUERZEN  The Council has received the following communication from the Government of the Federal Republic of Germany:  'When depositing its instruments of ratification of the Treaties establishing the European Communities, the Government of the Federal Republic of Germany declared that these Treaties applied equally to Land Berlin. It declared at the same time that the rights and responsibilities of France, the United Kingdom and the United States in respect of Berlin were unaffected. In view of the fact that civil aviation is one of the areas in which the said States have specifically reserved powers for themselves in Berlin, and following consultations with the Governments of these States, the Government of the Federal Republic of Germany states that the Council Directive amending Directive 80/51/EEC on the limitation of noise emissions from subsonic aircraft does not cover Land Berlin.'  (1) OJ No C 334, 20. 12. 1982, p. 137.  (2) OJ No C 348, 31. 12. 1981, p. 3.  (3) OJ No L 18, 24. 1. 1980, p. 26.  (1) This Directive was notified to the Member States on 26 April 1983.