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31993L0107

Commission Directive 93/107/EC of 26 November 1993 amending Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 299 , 04/12/1993 P. 0044 - 0046 Finnish special edition: Chapter 3 Volume 53 P. 0239  Swedish special edition: Chapter 3 Volume 53 P. 0239

COMMISSION DIRECTIVE 93/107/EC of 26 November 1993 amending Council Directive 70/524/EEC concerning additives in feedingstuffsTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 93/55/EEC (2), and in particular Article 7 thereof,  Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; whereas the Annexes were consolidated by Commission Directive 91/248/EEC (3);  Whereas the use of the coccidiostat 'Diclazuril' has been tested in certain Member States; whereas, on the basis of experience gained, it appears that this new use can be authorized throughout the Community;  Whereas the use of certain colouring agents in feeds for ornamental fish has been tested in certain Member States; whereas this new use may be authorized provisionally at national level pending approval at Community level;  Whereas the investigation of various additives currently listed in Annex II and therefore authorizable at national level has not yet been completed; whereas, therefore, the period of authorization of these substances should be extended for a specific  period;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:   Article 1  The Annexes to Directive 70/524/EEC are hereby amended as set out in the Annex hereto.   Article 2  Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 30 November 1994 at the latest. They shall immediately 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 at the time of their official publication. The procedure for such reference shall be adopted by Member States.   Article 3  This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.  Done at Brussels, 26 November 1993.  For the Commission René STEICHEN Member of the Commission  (1) OJ No L 270, 14. 12. 1970, p. 1.  (2) OJ No L 206, 18. 8. 1993, p. 11.  (3) OJ No L 124, 18. 5. 1991, p. 1.      ANNEX  1. In Annex I, in part D 'Coccidiostats and other medicinal substances', the following item is added:   "> ID="1.2">mg/kg of complete feedingstuffs" ID="1">'E 771> ID="2">Diclazuril> ID="3">(+)-4-chlorphenyl(2,6-dichloro-4-(2,3,4,5-tetrohydro3,5-dioxo-1,2,4-triazin-2-ylphenyl)acetonitrile> ID="4">Chickens for fattening> ID="5">-> ID="6">1>  ID="7">1> ID="8">Use prohibited at least five days before slaughter'">       2. In Annex II: 2.1. in part A 'Antibiotics': 2.1.1. against item No 22 'Avoparcin' the date '30. 11. 1993' in column 'Period of authorization' is replaced by '30. 11. 1994' for the category of animal 'Dairy cattle'; 2.1.2. against item No 28  'Avilamycin' the date '30. 11. 1993' in the column 'Period of authorization' is replaced by '30. 11. 1994' for the category of animal 'Chickens for fattening'; 2.1.3. against item No 29 'Efrotamycin' the date '30. 11. 1993' in the column 'Period of  authorization' is replaced each time by '30. 11. 1994' for the categories of animal 'Piglets' and 'Pigs'; 2.2. in part D 'Coccidiostats and other medicinal substances': 2.2.1. against item No 22 'Robenidine' the date '30. 11. 1993' is replaced by '30.  3. 1994'; 2.2.2. against item No 23 'Narasin/Nicarbazin' for the category of animal 'Chickens for fattening', No 24 'Diclazuril' for the category of animal 'Chickens for fattening' and No 25 'Malofuginone' for the category of animal 'Laying hens' the  date '30. 11. 1993' is replaced each time by '30. 11. 1994'; 2.3. in part F 'Colouring matters including pigments' the following items are added:  "> ID="1.2">mg/kg of complete feedingstuffs" ID="2">1. Carotenoids and xanthophylls:" ID="1">'1.> ID="2">Canthaxanthin> ID="3">C40H52O2> ID="4">Ornamental fish> ID="5">-> ID="6">-> ID="7">-> ID="8">-> ID="9">30. 11. 1994"> ID="1">2.>  ID="2">Astaxanthin> ID="3">C40H52O4> ID="4">Ornamental fish> ID="5">-> ID="6">-> ID="7">-> ID="8">-> ID="9">30. 11. 1994'"" ID="2">2. Other colouring matters:" ID="1">'1.> ID="2">Tartrazine> ID="3">C16H9N4O9S2Na3> ID="4" ASSV="04"  ACCV="04.03.04">Ornamental fish> ID="5" ASSV="04">-> ID="6" ASSV="04">-> ID="7" ASSV="04">-> ID="8" ASSV="04">-> ID="9" ASSV="04">30. 11. 1994"> ID="1">2.> ID="2">Sunset yellow FCF> ID="3">C16H10N2O7S2Na2"> ID="1">3.> ID="2">Ponceau 4 R>  ID="3">C20H11N2O10S3Na3"> ID="1">4.> ID="2">Erythrosine> ID="3">C20H6I4O5Na2.H2O"> ID="1">5.> ID="2">Indigotine> ID="3">C16H8N2O8S2Na2> ID="4">Ornamental fish> ID="5">-> ID="6">-> ID="7">-> ID="8">-> ID="9">30. 11. 1994"> ID="1">6.>  ID="2">Chlorophyll copper complex> ID="3">-> ID="4">Ornamental fish> ID="5">-> ID="6">-> ID="7">-> ID="8">-> ID="9">30. 11. 1994"> ID="1">7.> ID="2">Acid Brillant Green BS, (Lissamine Green)> ID="3">Sodium salt of 4,4-bis  (dimethylamino)diphenylmethylene-2-naphtol-3,6- disulphonic acid> ID="4">Ornamental fish> ID="5">-> ID="6">-> ID="7">-> ID="8">-> ID="9">30. 11. 1994"> ID="1">8.> ID="2">Carbon black> ID="3">C> ID="4" ASSV="03" ACCV="03.03.04">Ornamental fish> ID="5"  ASSV="03">-> ID="6" ASSV="03">-> ID="7" ASSV="03">-> ID="8" ASSV="03">-> ID="9" ASSV="03">30. 11. 1994'"> ID="1">9.> ID="2">Bixin> ID="3">C25H30O4"> ID="1">10.> ID="2">Iron oxide, red> ID="3">Fe2O3""        2.4. in part L 'Binders, anti-caking agents and coagulants', against item No 1 'Synthetic calcium aluminates' the date '30. 11. 1993' in the column 'Period of authorization' is replaced by '30. 11. 1994' for the category of animal 'Dairy cows, cattle  for fattening, calves, lambs, kids'.


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31997L0004

Directive 97/4/EC of the European Parliament and of the Council of 27 January 1997 amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs

Official Journal L 043 , 14/02/1997 P. 0021 - 0023

DIRECTIVE 97/4/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 January 1997 amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffsTHE 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 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 (1), and in particular Article 6 (2) (c) and (3) and Article 7,Having regard to the proposal from the Commission (2),Having regard to the opinion of the Economic and Social Committee (3),Acting in accordance with the procedure laid down in Article 189b of the Treaty (4) in the light of the join text approved on 16 October 1996 by the Conciliation Committee,Whereas, in the context of achieving the objectives of the internal market, the use of the name customary in the Member State in which a product is manufactured should also be allowed in the case of products to be sold in another Member State;Whereas, with the twofold aim of providing the consumer with better information and ensuring fair trade, the labelling rules as regards the exact nature and characteristics of products need to be further improved;Whereas, in accordance with the rules of the Treaty, the provisions applicable to sales names remain subject to the general rules on labelling in Article 2 and more particularly the principle that they must not be such as to mislead the consumer about the characteristics of the foodstuff;Whereas the Court of Justice of the European Communities has delivered several judgments in which it recommends detailed labelling, in particular the compulsory affixing of suitable labels giving the nature of the product sold; whereas this course of action, which enables the consumer to make his choice in full knowledge of the facts, is the most appropriate since it creates fewest obstacles to free trade;Whereas it is for the Community legislature to adopt measures deriving from that case law,HAVE ADOPTED THIS DIRECTIVE:Article 1 Directive 79/112/EEC is hereby amended as follows:1. the following recital shall be inserted after the sixth recital:'Whereas that need means that Member States may, in compliance with the rules of the Treaty, impose language requirements;`2. the following shall be added to Article 3 (1):'2a. the quantity of certain ingredients or categories of ingredients as provided for in Article 7;`3. Article 5 (1) shall be replaced by the following:'1. The name under which a foodstuff is sold shall be the name provided for in the European Community provisions applicable to it.(a) In the absence of European Community provisions, the name under which a product is sold shall be the name provided for in the laws, regulations and administrative provisions applicable in the Member State in which the product is sold to the final consumer or to mass caterers.Failing this, the name under which a product is sold shall be the name customary in the Member State in which it is sold to the final consumer or to mass caterers, or a description of the foodstuff, and if necessary of its use, which is clear enough to let the purchaser know its true nature and distinguish it from other products with which it might be confused.(b) The use in the Member State of marketing of the sales name under which the product is legally manufactured and marketed in the Member State of production shall also be allowed.However, where the application of the other provisions of this Directive, in particular those set out in Article 3, would not enable consumers in the Member State of marketing to know the true nature of the foodstuff and to distinguish it from foodstuffs with which they could confuse it, the sales name shall be accompanied by other descriptive information which shall appear in proximity to the sales name.(c) In exceptional cases, the sales name of the Member State of production shall not be used in the Member State of marketing when the foodstuff which it designates is so different, as regards its composition or manufacture, from the foodstuff known under that name that the provisions of point (b) are not sufficient to ensure, in the Member State of marketing, correct information for consumers.`;4. Article 6 (2) (c) shall be replaced by the following:'(c) products comprising a single ingredient, where:- the trade name is identical with the ingredient name, or- the trade name enables the nature of the ingredient to be clearly identified.`;5. the first indent of Article 6 (5) (b) (Directive 79/112/EEC) shall be replaced by the following:'- ingredients which belong to one of the categories listed in Annex I and are constituents of another foodstuff need only be designated by the name of that category.Alterations to the list of categories in Annex I may be effected in accordance with the procedure laid down in Article 17.However, the designation "starch" listed in Annex I must always be complemented by the indication of its specific vegetable origin, when that ingredient may contain gluten,`;6. the second indent of Article 6 (5) (b) (Directive 79/112/EEC) shall be replaced by the following:'- ingredients belonging to one of the categories listed in Annex II must be designated by the name of that category, followed by their specific name or EEC number; if an ingredient belongs to more than one of the categories, the category appropriate to the principal function in the case of the foodstuff in question shall be indicated.Amendments to this Annex based on advances in scientific and technical knowledge shall be adopted in accordance with the procedure laid down in Article 17.However, the designation "modified starch" listed in Annex II must always be complemented by the indication of its specific vegetable origin, when that ingredient may contain gluten.`;7. Article 7 shall be replaced by the following:'Article 71. The quantity of an ingredient or category of ingredients used in the manufacture or preparation of a foodstuff shall be stated in accordance with this Article.2. The indication referred to in paragraph 1 shall be compulsory:(a) where the ingredient or category of ingredients concerned appears in the name under which the foodstuff is sold or is usually associated with that name by the consumer; or(b) where the ingredient or category of ingredients concerned is emphasized on the labelling in words, pictures or graphics; or(c) where the ingredient or category of ingredients concerned is essential to characterize a foodstuff and to distinguish it from products with which it might be confused because of its name or appearance; or(d) in the cases determined in accordance with the procedure laid down in Article 17.3. Paragraph 2 shall not apply:(a) to an ingredient or category of ingredients:- the drained net weight of which is indicated in accordance with Article 8 (4), or- the quantities of which are already required to be given on the labelling under Community provisions,- which is used in small quantities for the purposes of flavouring,- which, while appearing in the name under which the food is sold, is not such as to govern the choice of the consumer in the country of marketing because the variation in quantity is not essential to characterize the foodstuff or does not distinguish it from similar foods. In cases of doubt it shall be decided by the procedure laid down in Article 17 whether the conditions laid down in this indent are fulfilled.(b) where specific Community provisions stipulate precisely the quantity of an ingredient or of a category of ingredients without providing for the indication thereof on the labelling;(c) in the cases referred to in the fourth and fifth indents of Article 6 (5) (a);(d) in the cases determined in accordance with the procedure laid down in Article 17.4. The quantity indicated, expressed as a percentage, shall correspond to the quantity of the ingredient or ingredients at the time of its/their use. However, Community provisions may allow for derogations from this principle for certain foodstuffs. Such provisions shall be adopted in accordance with the procedure laid down in Article 17.5. The indication referred to in paragraph 1 shall appear either in or immediately next to the name under which the foodstuff is sold or in the list of ingredients in connection with the ingredient or category of ingredients in question.6. This Article shall apply without prejudice to Community rules on nutrition labelling for foodstuffs.`;8. The following Article shall be inserted:'Article 13a1. Member States shall ensure that the sale is prohibited within their own territories of foodstuffs for which the particulars provided for in Article 3 and Article 4 (2) do not appear in a language easily understood by the consumer, unless the consumer is in fact informed by means of other measures determined in accordance with the procedure laid down in Article 17 as regards one or more labelling particulars.2. Within its own territory, the Member State in which the product is marketed may, in accordance with the rules of the Treaty, stipulate that those labelling particulars shall be given in one or more languages which it shall determine from among the official languages of the Community.3. Paragraphs 1 and 2 shall not preclude the labelling particulars from being indicated in several languages.`;9. in Article 14, the second paragraph shall be deleted.Article 2 Member States shall, where appropriate, amend their laws, regulations and administrative provisions in order to:- allow trade in products conforming to this Directive no later than 14 August 1998,- prohibit trade in products not conforming to this Directive no later than 14 February 2000. However, trade in products not conforming to this Directive and labelled before that date shall be permitted until stocks are fully depleted.The Member States shall forthwith inform the Commission of those provisions.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 reference shall be laid down by Member States.Article 3 This Directive shall apply as from the date of its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 27 January 1997.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentG. ZALM(1) OJ No L 33, 8. 2. 1979, p. 1. Directive as last amended by Commission Directive 93/102/EC (OJ No L 291, 25. 11. 1993, p. 14).(2) OJ No C 122, 14. 5. 1992, p. 12, and OJ No C 118, 29. 4. 1994, p. 6.(3) OJ No C 332, 16. 12. 1992, p. 3.(4) Opinion of the European Parliament of 27 October 1993 (OJ No C 315, 22. 11. 1993, p. 102), Council Common Position of 15 June 1995 (OJ No C 182, 15. 7. 1995, p. 1) and Decision of the European Parliament of 25 October 1995 (OJ No C 308, 20. 11. 1995, p. 30). Decision of the European Parliament of 10 December 1996 and Decision of the Council of 10 January 1997.COMMISSION STATEMENT The Commission can agree to the amendment to the first and second indents of Article 6 (5) (b) of Directive 79/112/EEC. The Commission undertakes to submit, in accordance with the procedure laid down in Article 17, a draft directive for the amendment of Annexes I and II of Directive 79/112/EEC to the Standing Committee for Foodstuffs, as soon as possible, in order to bring the Annexes into line with the new text of Article 6.


title: Council Directive (EU) 2016/856 of 25 May 2016 amending Directive 2006/112/EC on the common system of value added tax, as regards the duration of the obligation to respect a minimum standard rate

text:
               31.5.2016

               EN

               Official Journal of the European Union

               L 142/12

         COUNCIL DIRECTIVE (EU) 2016/856
   of 25 May 2016
   amending Directive 2006/112/EC on the common system of value added tax, as regards the duration of the obligation to respect a minimum standard rate
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 113 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   Acting in accordance with a special legislative procedure,
   Whereas:

               (1)

               Article 97 of Council Directive 2006/112/EC (3) provides that from 1 January 2011 until 31 December 2015 the standard rate of value added tax (VAT) may not be less than 15 %.

               (2)

               The standard VAT rate currently in force in the Member States, combined with the mechanism of the transitional system has ensured that the VAT system has functioned to an acceptable degree. With new rules on the place of supply of services which favour taxation at the place of consumption, the possibilities for exploiting differences in VAT rates through relocation have been limited further and potential distortions of competition have been reduced.

               (3)

               To prevent excessive divergence in the standard VAT rates applied by Member States from leading to structural imbalances in the Union and distortions of competition in some sectors of activity, it is common practice in the field of indirect taxes to set minimum rates. It is still prudent to do so for VAT.

               (4)

               In view of the ongoing discussion on the features of the definitive VAT regime for intra-Union trade, it would be premature to set a permanent standard VAT rate or to consider changing the minimum VAT rate.

               (5)

               It is therefore appropriate to maintain the current minimum standard rate at 15 % for a period long enough to ensure legal certainty, while allowing further review.

               (6)

               The maintenance of the current minimum standard rate does not preclude a further revision of VAT legislation before 31 December 2017 to address the introduction of a definitive VAT regime for intra-Union trade.

               (7)

               In order to ensure the uninterrupted application of the minimum standard rate established by Directive 2006/112/EC, it is appropriate that this Directive apply from 1 January 2016.

               (8)

               Directive 2006/112/EC should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Article 97 of Directive 2006/112/EC is replaced by the following:

      ‘Article 97
      From 1 January 2016 until 31 December 2017, the standard rate may not be lower than 15 %.’.

   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 August 2016. They shall immediately inform the Commission thereof.
   When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 25 May 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

      (1)  Opinion of 12 April 2016 (not yet published in the Official Journal).

      (2)  Opinion of 17 February 2016 (OJ C 133, 14.4.2016, p. 23).

      (3)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).


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31985L0002

Council Directive 85/2/EEC of 18 December 1984 extending Directive 81/363/EEC on aid to shipbuilding

Official Journal L 002 , 03/01/1985 P. 0013 - 0013 Spanish special edition: Chapter 08 Volume 2 P. 0144  Portuguese special edition Chapter 08 Volume 2 P. 0144

*****COUNCIL  DIRECTIVE  of 18 December 1984  extending Directive 81/363/EEC on aid to shipbuilding  (85/2/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 92 (3) (d) and 113 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 Council Directive 81/363/EEC of 28 April 1981 on aid to shipbuilding (4), as amended by Directive 82/880/EEC (5), will expire on 31 December 1984;  Whereas the system of control of aid, both direct and indirect, set up by Directive 81/363/EEC has helped to reduce distortions of competition between the Member States; whereas that Directive has also enabled the Community to adopt a common position in talks with non-member shipbuilding nations;  Whereas, however, the restructuring measures for shipyards which have been operated by the Member States since 1979 in line with the objectives laid down in the Council resolution of 19 September 1978 on the re-organization of the shipbuilding industry (6) and Directives 78/338/EEC (7) and 81/363/EEC on aid to shipbuilding have, owing to the considerable delay in implementing them and the worsening of the industry's difficulties, the severity of which exceeded expectations, so far proved inadequate to achieve the objectives sought by the system of control of aid set up by the above Directives namely the restoration of the industry's competitiveness and withdrawal of aid;  Whereas it is advisable for the Community's shipbuilding industry to have a further two years in which to complete its restructuring so as to adjust to market conditions and raise its productivity by shedding the cost of maintaining the present overcapacity and by rationalizing its yards; whereas it will hence be appropriate to apply from 1 January 1987 a new Council Directive on aid to shipbuilding;  Whereas the system of control of aid to shipbuilding instituted by Directive 81/363/EEC should therefore be continued until 31 December 1986 in order to assist the industry's restructuring and return to viability,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Article 11 of Directive 81/363/EEC, '31 December 1984' is hereby replaced by '31 December 1986'.  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 18 December 1984.  For the Council  The President  J. BRUTON  (1) OJ No C 86, 28. 3. 1984, p. 5.  (2) OJ No C 172, 2. 7. 1984, p. 187.  (3) OJ No C 307, 19. 11. 1984, p. 19.  (4) OJ No L 137, 25. 5. 1981, p. 39.  (5) OJ No L 371, 30. 12. 1982, p. 46.  (6) OJ No C 229, 27. 9. 1978, p. 1.  (7) OJ No L 98, 11. 4. 1978, p. 19.


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31978L0611

Council Directive 78/611/EEC of 29 June 1978 on the approximation of the laws of the Member States concerning the lead content of petrol

Official Journal L 197 , 22/07/1978 P. 0019 - 0021 Greek special edition: Chapter 15 Volume 1 P. 0169

++++ ( 1 ) OJ N C 280 , 8 . 12 . 1975 , P . 9 .   ( 2 ) OJ N C 116 , 30 . 9 . 1974 , P . 18 .   ( 3 ) OJ N L 76 , 6 . 4 . 1970 , P . 1 .   ( 4 ) OJ N L 32 , 3 . 2 . 1977 , P . 32 .  COUNCIL DIRECTIVE  OF 29 JUNE 1978  ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE LEAD CONTENT OF PETROL   ( 78/611/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 PROTECTION AND IMPROVEMENT OF PUBLIC HEALTH AND OF THE ENVIRONMENT CURRENTLY CONSTITUTES A MAJOR PREOCCUPATION COMMON TO ALL INDUSTRIALIZED COUNTRIES AND POLLUTION CAUSED BY PRODUCTS EMITTED IN THE EXHAUST GAS OF VEHICLES HAS REACHED A DISQUIETING LEVEL OWING TO THE CONTINUOUS INCREASE IN THE DENSITY OF MOTOR TRAFFIC ; WHEREAS , FOLLOWING THE INTRODUCTION OF MEASURES IN DIRECTIVE 70/220/EEC ( 3 ) , AS LAST AMENDED BY DIRECTIVE 77/102/EEC ( 4 ) , DESIGNED TO CURB AIR POLLUTION CAUSED BY THE EMISSION OF CARBON MONOXIDE , UNBURNED HYDROCARBONS AND NITROGEN OXIDE FROM MOTOR VEHICLES , ACTION SHOULD BE TAKEN AT THIS STAGE WITH A VIEW TO LIMITING LEAD PARTICLE EMISSIONS BY SUCH VEHICLES , THE LEAD IN QUESTION DERIVING FROM PLUMBIFEROUS PETROL ADDITIVES ACTING AS AN ANTI-KNOCK AGENT ;  WHEREAS THE NATIONAL LAWS CONCERNING THE COMPOSITION OF PETROL , AND IN PARTICULAR THE RULES GOVERNING THE LIMITATIONS OF THE LEAD CONTENT IN MOTOR VEHICLE PETROL , VARY FROM ONE MEMBER STATE TO ANOTHER ; WHEREAS SUCH DIFFERENCES DIRECTLY AFFECT THE PROPER FUNCTIONING OF THE COMMON MARKET ;  WHEREAS , OWING TO THE IMPORTANT EFFECT OF LEAD UPON PUBLIC HEALTH AND THE ENVIRONMENT , IT IS NECESSARY TO REDUCE THE LEAD CONTENT OF PETROL AT COMMUNITY LEVEL ;  WHEREAS THE FINANCIAL , ECONOMIC , INDUSTRIAL AND QUALITATIVE CONSEQUENCES OF A REDUCTION OF THE LEVEL OF LEAD IN PETROL TO A MAXIMUM VALUE OF BETWEEN 0 * 40 G / L AND A VALUE OF 0 * 15 G / L HAVE DEMONSTRATED THAT SUCH A REDUCTION IS FEASIBLE WITHIN A RELATIVELY SHORT PERIOD ;  WHEREAS LEAD IS ONLY ONE OF THE CONSTITUENT ELEMENTS IN THE COMPOSITION OF PETROL ; WHEREAS THE REDUCTION OF THIS ELEMENT MUST NOT HAVE THE EFFECT OF AGGRAVATING THE AIR POLLUTION BY OTHER POLLUTANTS WHICH WOULD BE ONE OF THE MAIN CONSEQUENCES OF ANY MODIFICATION IN THIS COMPOSITION ;  WHEREAS DETAILED STUDIES OF THE VARIOUS ASPECTS OF THE MEASURES WHICH MIGHT SERVE TO REDUCE ATMOSPHERIC LEAD SHOULD BE CONTINUED AT COMMUNITY LEVEL ; WHEREAS MEMBER STATES SHOULD FOR THIS PURPOSE PROVIDE THE COMMISSION WITH RELEVANT INFORMATION ;  WHEREAS THE REDUCTION OF THE LEAD CONTENT OF PETROL RAISES SPECIFIC TECHNICAL AND ECONOMIC PROBLEMS IN IRELAND ; WHEREAS A TEMPORARY DEROGATION FOR THAT COUNTRY SHOULD NOT HAVE SEVERE REPERCUSSIONS ON TRADE IN PETROL GIVEN THAT IRISH REFINING INSTALLATIONS AT PRESENT ONLY PARTIALLY COVER DOMESTIC REQUIREMENTS AND THAT ALL PETROL EXPORTED BY THAT COUNTRY TO ANOTHER MEMBER STATE WILL HAVE TO COMPLY WITH THE PROVISIONS OF THE DIRECTIVE WHICH APPLY IN THAT STATE ; WHEREAS THERE SHOULD THEREFORE BE A DEROGATION FROM THE PROVISIONS CONCERNING THE REDUCTION OF THE LEAD CONTENT OF PETROL IN IRELAND ;  WHEREAS A SUDDEN CHANGE IN THE SUPPLY OF CRUDE OIL OR PETROLEUM PRODUCTS IN CLEARLY DEFINED CIRCUMSTANCES COULD LEAD A MEMBER STATE TO AUTHORIZE AN INCREASE IN THE LEAD CONTENT OF PETROL ; WHEREAS AN APPROPRIATE PROCEDURE SHOULD THEREFORE BE LAID DOWN FOR SUCH A SITUATION ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  FOR THE PURPOSE OF THIS DIRECTIVE , " PETROL " MEANS ANY FUEL INTENDED FOR THE OPERATION OF INTERNAL COMBUSTION SPARK-IGNITED ENGINES USED FOR THE PROPULSION OF VEHICLES .  ARTICLE 2  1 . FROM 1 JANUARY 1981 , THE MAXIMUM PERMITTED LEAD COMPOUND CONTENT , CALCULATED IN TERMS OF LEAD , OF PETROL PLACED UPON THE COMMUNITY INTERNAL MARKET SHALL BE 0 * 40 G / L .  2 . WITHOUT PREJUDICE TO PARAGRAPH 1 , A MEMBER STATE MAY REQUIRE , IN RESPECT OF PETROL PLACED UPON ITS MARKET , THAT THE MAXIMUM PERMITTED LEAD CONTENT BE LESS THAN 0 * 40 G / L . HOWEVER , IT SHALL NOT ESTABLISH LIMITS LOWER THAN 0 * 15 G / L .  ARTICLE 3  MEMBER STATES SHALL TAKE ALL APPROPRIATE STEPS TO ENSURE THAT THE REDUCTION OF THE LEAD CONTENT DOES NOT CAUSE A SIGNIFICANT INCREASE IN THE QUANTITIES OF OTHER POLLUTANTS OR TO A DETERIORATION IN THE QUALITY OF PETROL .  ARTICLE 4  THE LEAD CONTENT OF PETROL SHALL BE ESTABLISHED IN ACCORDANCE WITH THE PROCEDURES SET OUT IN THE ANNEX .  ARTICLE 5  WHERE A MEMBER STATE ESTABLISHES , ON THE BASIS OF A TEST PERFORMED IN ACCORDANCE WITH THE PROCEDURES DESCRIBED IN ARTICLE 4 , THAT ANY PETROL FAILS TO COMPLY WITH THE REQUIREMENTS OF ARTICLES 2 AND 3 , IT SHALL TAKE THE NECESSARY MEASURES TO ENSURE THAT THESE REQUIREMENTS ARE FULFILLED .  ARTICLE 6  MEMBER STATES SHALL , AT THE COMMISSION'S REQUEST , SUPPLY IT WITH INFORMATION ON :   ( A ) THE EFFECTS OF THE IMPLEMENTATION OF THIS DIRECTIVE , AND IN PARTICULAR ARTICLE 3 THEREOF ;   ( B ) DEVELOPMENTS AS REGARDS SYSTEMS TO REDUCE THE EMISSION OF LEAD AND OF ANY POLLUTING SUBSTITUTES IN EXHAUST GASES ;   ( C ) DEVELOPMENT OF THE CONCENTRATIONS OF LEAD AND POLLUTING SUBSTITUTES IN THE URBAN ATMOSPHERE AND THEIR EFFECT ON PUBLIC HEALTH ;   ( D ) THE EFFECTS ON ENERGY POLICY OF THE VARIOUS POSSIBLE WAYS AND MEANS OF REDUCING POLLUTION CAUSED BY LEAD EMISSION IN EXHAUST GASES .  THE COMMISSION SHALL REPORT TO THE COUNCIL AND THE EUROPEAN PARLIAMENT ON THE INFORMATION THUS OBTAINED AND , IN THE LIGHT OF THE DATA COMPILED , SHALL MAKE ANY SUITABLE PROPOSALS FOR SUCH DATA TO BE TAKEN INTO ACCOUNT IN ORDER TO DEVELOP FURTHER COMMUNITY POLICY ON THE LEAD CONTENT OF PETROL .  ARTICLE 7  1 . NOTWITHSTANDING ARTICLE 2 ( 1 ) , THE GOVERNMENT OF IRELAND MAY PROVIDE THAT FOR A PERIOD OF FIVE YEARS COMMENCING ON 1 JANUARY 1981 PETROL MAY BE PLACED ON THE MARKET IN IRELAND EVEN THOUGH ITS LEAD CONTENT IS GREATER THAN 0 * 40 G / L , WITHOUT , HOWEVER , EXCEEDING THE CURRENT CONTENT OF 0 * 64 G / L .  2 . BEFORE THE END OF THE PERIOD REFERRED TO IN PARAGRAPH 1 THE COUNCIL SHALL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , DECIDE ON THE DURATION OF A SECOND DEROGATION PERIOD OF NOT MORE THAN FIVE YEARS .  ARTICLE 8  IF , AS THE RESULT OF A SUDDEN CHANGE IN THE SUPPLY OF CRUDE OIL OR PETROLEUM PRODUCTS , IT BECOMES DIFFICULT FOR A MEMBER STATE TO APPLY THE LIMIT TO THE CONCENTRATION OF LEAD IN PETROL REFERRED TO IN ARTICLE 2 ( 1 ) , THAT MEMBER STATE MAY , AFTER HAVING INFORMED THE COMMISSION , AUTHORIZE A HIGHER LIMIT WITHIN ITS TERRITORY FOR A PERIOD OF FOUR MONTHS . THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , MAY EXTEND THIS PERIOD .  ARTICLE 9  1 . THE MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE WITHIN 18 MONTHS OF ITS NOTIFICATION AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  2 . THE MEMBER STATES SHALL ENSURE THAT THEY COMMUNICATE TO THE COMMISSION THE TEXTS OF THE PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD GOVERNED BY THIS DIRECTIVE .  ARTICLE 10  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT LUXEMBOURG , 29 JUNE 1978 .  FOR THE COUNCIL  THE PRESIDENT  S . AUKEN  ANNEX  REFERENCE METHODS  FOR THE MEASUREMENT OF THE LEAD CONTENT OF PETROL THE REFERENCE METHOD SHALL BE THAT LAID DOWN IN THE INTERNATIONAL STANDARD ISO 3830 ( FIRST EDITION OF 15 FEBRUARY 1977 ) " PETROLEUM PRODUCTS _ PETROL _ MEASUREMENT OF THE LEAD CONTENT _ IODINE MONOCHLORIDE METHOD " .  THE RESULTS OF INDIVIDUAL MEASUREMENTS SHALL BE INTERPRETED ON THE BASIS OF THE METHOD DESCRIBED IN BS 4306 : 1968 , PUBLISHED BY THE BRITISH STANDARDS INSTITUTION .  FOR THE METHODS INDICATED , THE VERSIONS IN THE VARIOUS LANGUAGES PUBLISHED BY THE ISO AND THE BSI RESPECTIVELY SHALL BE AUTHENTIC , AS SHALL OTHER VERSIONS WHICH THE COMMISSION CERTIFIES AS CONFORMING TO THEM .


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31982L0436

Council Directive 82/436/EEC of 24 June 1982 amending Directives 72/159/EEC, 72/160/EEC and 72/161/EEC in relation to agricultural structures

Official Journal L 193 , 03/07/1982 P. 0037 - 0037

*****COUNCIL  DIRECTIVE  of 24 June 1982  amending Directives 72/159/EEC, 72/160/EEC and 72/161/EEC in relation to agricultural structures  (82/436/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,  Having regard to the opinion of the European Parliament (1),  Whereas Article 16 of Council Directive 72/159/EEC of 17 April 1972 on the modernization of farms (2), as last amended by Directive 81/528/EEC (3), Article 7 of Directive 72/160/EEC of 17 April 1972 concerning measures to encourage the cessation of farming and the reallocation of utilized agricultural area for the purposes of structural improvement (4) and Article 9 of Directive 72/161/EEC of 17 April 1972 concerning the provision of socio-economic guidance for and the acquisition of occupational skills by persons engaged in agriculture (5), as last amended by Directive 81/529/EEC (6), provide that the estimated time required for carrying out the common measures referred to in these Directives is 10 years;  Whereas the objective of these common measures, determined in accordance with Article 6 (2) (a) of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (7), as last amended by Regulation (EEC) No 3509/80 (8), has not yet been fully achieved; whereas, in accordance with Article 6 (2) (e) of Regulation (EEC) No 729/70, the target date for completing the common measures should therefore be deferred to 31 December 1983,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. Article 16 (1) of Directive 72/159/EEC is hereby replaced by the following:  '1. The estimated time required for carrying out the common measure shall run until 31 December 1983.'  2. The first subparagraph of Article 7 (1) of Directive 72/ 160/EEC is hereby replaced by the following:  'The estimated time required for carrying out the common measure shall run until 31 December 1983.'  3. Article 9 (1) of Directive 72/161/EEC is hereby replaced by the following:  '1. The estimated time required for carrying out the common measures shall run until 31 December 1983.'  Article 2  This Directive is addressed to the Member States.  Done at Luxembourg, 24 June 1982.  For the Council  The President  F. AERTS  (1) Opinion delivered on 16 June 1982 (not yet published in the Official Journal).  (2) OJ No L 96, 23. 4. 1972, p. 1.  (3) OJ No L 197, 20. 7. 1981, p. 41.  (4) OJ No L 96, 23. 4. 1972, p. 9.  (5) OJ No L 96, 23. 4. 1972, p. 15.  (6) OJ No L 197, 20. 7. 1981, p. 44.  (7) OJ No L 94, 28. 4. 1970, p. 13.  (8) OJ No L 367, 31. 12. 1980, p. 87.


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31980L0214

Council Directive 80/214/EEC of 22 January 1980 amending Directive 77/99/EEC on health problems affecting intra- Community trade in meat products

Official Journal L 047 , 21/02/1980 P. 0003 - 0003 Greek special edition: Chapter 03 Volume 27 P. 0239  Spanish special edition: Chapter 03 Volume 17 P. 0115  Portuguese special edition Chapter 03 Volume 17 P. 0115

++++COUNCIL DIRECTIVE  OF 22 JANUARY 1980  AMENDING DIRECTIVE 77/99/EEC ON HEALTH PROBLEMS AFFECTING INTRA-COMMUNITY TRADE IN MEAT PRODUCTS   ( 80/214/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 100 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,  WHEREAS DIRECTIVE 77/99/EEC ( 2 ) LAYS DOWN THAT ONLY FRESH MEAT SUITABLE FOR INTRA-COMMUNITY TRADE MAY BE USED FOR THE PREPARATION OF MEAT PRODUCTS ;  WHEREAS THE APPLICATION OF CERTAIN TREATMENTS , NOTABLY HEAT TREATMENT WHICH DESTROYS THE GERMS OF ANIMAL DISEASES POTENTIALLY PRESENT IN CERTAIN CATEGORIES OF MEAT WHICH OTHERWISE COMPLY WITH THE RULES OF HYGIENE FOR HUMAN CONSUMPTION , PERMITS THAT MEAT , ALTHOUGH EXCLUDED FROM INTRA-COMMUNITY TRADE IN FRESH MEAT FOR ANIMAL HEALTH REASONS , TO BE USED FOR THE PREPARATION OF MEAT PRODUCTS ; WHEREAS DIRECTIVE 77/99/EEC SHOULD THEREFORE BE AMENDED ACCORDINGLY ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  DIRECTIVE 77/99/EEC IS HEREBY AMENDED AS FOLLOWS :  1 . IN ARTICLE 2 ( 1 ) ( B ) , THE FOLLOWING INDENT SHALL BE ADDED :   " - ARTICLE 1 OF DIRECTIVE 72/461/EEC . "  2 . ARTICLE 2 ( 1 ) ( C ) SHALL BE REPLACED BY THE FOLLOWING :   " ( C ) FRESH MEAT : FRESH MEAT AS DEFINED IN ARTICLE 1 OF DIRECTIVES 64/433/EEC , 71/118/EEC AND 72/461/EEC AND IN ARTICLE 2 OF DIRECTIVE 72/462/EEC . "  3 . THE FOLLOWING POINT SHALL BE INSERTED IN ARTICLE 3  ( 1 ) ( 3 ) ( A ) :   " ( I ) A IN ACCORDANCE WITH ARTICLE 5A OF DIRECTIVE 72/461/EEC IN THE MEMBER STATE IN WHICH THE PREPARATION IS CARRIED OUT . "  ARTICLE 2  THE MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE BY 31 DECEMBER 1980 .  ARTICLE 3  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 22 JANUARY 1980 .  FOR THE COUNCIL  THE PRESIDENT  G . MARCORA  ( 1 ) OJ NO C 289 , 19 . 11 . 1979 , P . 42 .  ( 2 ) OJ NO L 26 , 31 . 1 . 1977 , P . 85 .


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31995L0051

Commission Directive 95/51/EC of 18 October 1995 amending Directive 90/388/EEC with regard to the abolition of the restrictions on the use of cable television networks for the provision of already liberalized telecommunications services

Official Journal L 256 , 26/10/1995 P. 0049 - 0054

COMMISSION DIRECTIVE 95/51/EC of  18 October 1995 amending Directive 90/388/EEC with regard to the abolition of the restrictions on  the use of cable television networks for the provision of already liberalized telecommunications  servicesTHE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 90 (3)  thereof, Whereas: (1)  Under Commission Directive 90/388/EEC of 28 June 1990 on competition in the markets for  telecommunications services  (1), as amended by Directive 94/46/EC  (2), certain telecommunications  services were opened to competition, and the Member States were requested to take the measures  necessary to ensure that any operator was entitled to supply such services; as far as voice  telephony services to the general public are concerned, the Council Resolution of 22 July 1993  (3)  acknowledges that this exception can be terminated by 1 January 1998, with a transitional period  for some Member States; the telex service, mobile communications and radio and television  broadcasting to the public were specifically excluded from the scope of the Directive; satellite  communications were included in the scope of the Directive through Directive 94/46/EC. During the public consultation organized by the Commission in 1992 on the situation in the  telecommunications sector, following the Communication of the Commission of 21 October 1992, the  effectiveness of the measures liberalizing the telecommunications sector and in particular the  liberalization of data communications, value added services and the provision of data and voice  services to corporate users and closed user groups, was questioned by many service providers and  users of such services. (2)  The regulatory restrictions preventing the use of alternative infrastructure for the provision  of liberalized services, and in particular the restrictions on the use of cable TV networks, are  the main cause of this continuing bottleneck situation. Potential service providers must now rely  on transmission capacity - 'leased lines` - provided by the telecommunications organizations, which  are often also competitors in the area of liberalized services. To remedy this problem, the  European Parliament, in its Resolution of 20 April 1993  (4), called upon the Commission to adopt  as soon as possible the necessary measures to take full advantage of the potential of the existing  infrastructure of cable networks for telecommunications services and to abolish without delay the  existing restrictions in the Member States on the use of cable networks for non-reserved services. (3)  Following that resolution the Commission completed two studies on the use of cable TV networks  and alternative infrastructures for the delivery of those telecommunications services which have  already been opened to competition under Community law: 'The effects of liberalization of satellite  infrastructure on the corporate and closed user group market`, Analysis, 1994 and 'L'impact de  l'autorisation de la fourniture de services de télécommunications libéralisés par les  câblo-opérateurs` by Idate, 1994. The basic findings of those studies emphasize the potential role  for, amongst other things, cable TV networks, in meeting the concerns raised about the relatively  slow pace of innovation and delayed development of liberalized services in the European Community.  Opening such networks would help to overcome the problems of high pricing levels and lack of  suitable capacity, which are largely due to current exclusive provision of infrastructure in most  Member States. The networks operated by authorized cable TV providers indeed offer opportunities  for the supply of an increasing number of services, apart from TV broadcasts, if additional  investment is forthcoming. The example of the US market shows that new services combining image and  telecommunications emerge when certain regulatory barriers are removed. (4)  Some Member States have therefore abolished previous restrictions on the provision of some  data services and/or non-reserved telephone services on cable TV networks. One Member State permits  voice telephony. Other Member States have, however, maintained severe restrictions on the provision  of services other than the distribution of TV broadcasts on those networks. (5)  The current restrictions imposed by Member States on the use of cable TV networks for the  provision of services other than the distribution of TV broadcasts aim to prevent the provision of  public voice telephony by means of networks other than the public switched telephone network, to  protect the main source of revenue of the telecommunications organizations. Exclusive rights to provide public voice telephony were granted to most of the telecommunications  organizations of the Community, to guarantee them the financial resources necessary for the  provision and exploitation of a universal network, that is to say, one having general geographical  coverage and provided to any service provider or user upon request within a reasonable period of  time. (6)  Since those restrictions on the use of cable TV networks are brought about by State measures  and seek, in each of the national markets where they exist, to favour telecommunications  organizations, which the Member States own or to which they have granted special or exclusive  rights, the restrictions must be assessed under Article 90 (1) of the EC Treaty. This Article  requires Member States not to enact or maintain in force any measures regarding such undertakings  which defeat the object of Treaty provisions, and in particular of the competition rules. It  includes a prohibition on maintaining measures regarding telecommunications organizations which  result in limiting the free provision of services within the Community or lead to abuses of a  dominant position to the detriment of the users of a given service. (7)  The granting of exclusive rights to the telecommunications organizations to provide  transmission capacity for the provision of telecommunications services to the public and the  consequent regulatory restrictions on the use of cable TV networks for purposes other than the  distribution of radio and television broadcasting programmes, in particular, for new services such  as interactive television and video on demand as well as multimedia-services in the Community,  which otherwise cannot be provided, necessarily limits the freedom to provide such services to or  from other Member States. Such regulatory restrictions cannot be justified for public policy  reasons or in terms of essential requirements, since the latter, and in particular the essential  requirement of interworking networks wherever cable TV networks and telecommunications networks are  interconnected, can be guaranteed by less restrictive measures, such as objective,  non-discriminatory and transparent declaration or licensing conditions. (8)  The measures granting exclusive rights to the telecommunications organizations for the  provision of transmission capacity and the consequent regulatory restrictions on the use of cable  TV infrastructure for the provision of other telecommunications services already open to  competition are therefore a breach of Article 90, read in conjunction with Article 59 of the  Treaty. The fact that the restrictions apply without distinction to all companies other than the  relevant telecommunications organizations is not sufficient to remove the preferential treatment of  the latter from the scope of Article 59 of the Treaty. Indeed it is not necessary for all the  companies of a Member State to be favoured in relation to the foreign companies. It is sufficient  that the preferential treatment should benefit certain national operators. (9)  Article 86 of the Treaty prohibits as incompatible with the common market any conduct by one  or more undertakings holding dominant positions that constitutes an abuse of a dominant position  within the common market or a substantial part of it. (10)  In each relevant national market the telecommunications organizations hold a dominant  position for the provision of transmission capacity for telecommunications services because they  are the only ones with a public telecommunications network covering the whole territory of those  States. Another factor in this dominant position concerns the peculiar characteristics of the  market and in particular its highly capital-intensive nature. Taking account of the amount of  investment needed to duplicate a network, there is a high reliance on use of existing networks.  This enhances the structural dominance of the relevant telecommunications organizations and  constitutes a potential barrier to entry. Thirdly, as a result of their market share, the  telecommunications organizations further benefit from detailed information on telecommunications  flows which is not available to new entrants. It includes information on subscribers' usage  patterns, necessary to target specific groups of users, and on price elasticities of demand in each  market segment and region of the country. Finally, the fact that the relevant telecommunications  organizations enjoy exclusive rights for the provision of voice telephony also contributes to their  dominance in the neighbouring, but distinct, market for telecommunications capacity. (11)  The mere creation of a dominant position within a given market through the grant of an  exclusive right is not, as such, incompatible with Article 86. A Member State is, however, not  allowed to maintain a legal monopoly where the relevant undertaking is compelled or induced to  abuse its dominant position in a way that is liable to affect trade between Member States. (12)  The prohibition of the use of other infrastructure, and in particular CATV networks, for the  provision of telecommunications services has encouraged the telecommunications organizations to  charge high prices in comparison with prices in other countries, whereas innovation in European  corporate networking and competitive service provision as well as the implementation of  applications proposed in the 'Report on Europe and the global information society`, are critically  dependent on the availability of infrastructure, in particular of leased circuits at decreasing  costs. Tariffs for such high-capacity infrastructure are on average 10 times higher in the  Community than equivalent capacity over equivalent distances in North America. In the absence of a  justification, in the form of (for example) higher costs, these tariffs must be considered abusive  within the meaning of point (a) of the second paragraph of Article 86. Those high prices in the Community are a direct consequence of the restrictions imposed by Member  States on the use of infrastructures other than those of the telecommunications organizations, and  in particular of those of the cable TV operators, for the provision of telecommunications services.  Such high prices cannot only be explained by the underlying costs, given the substantial  differences in tariffs between Member States where similar cost structures could be expected. (13)  Moreover, the State measures preventing the CATV operators from offering transmission  capacity in competition with the telecommunications organizations for the provision of liberalized  services restrict the overall supply of capacity in the market and eliminate incentives for  telecommunications organizations to quickly increase the capacity of their networks, to reduce  average costs and to lower tariffs. The resulting high tariffs charged by the telecommunications  organizations for, and the shortage of, the basic infrastructure provided by these organizations  over which liberalized services might be offered by third parties have delayed widespread  development of high-speed corporate networks, remote accessing of databases by both business and  residential users and the deployment of innovative services such as telebanking, distance learning,  computer-aided marketing, etc. (See communication to the European Parliament and the Council of 25  October 1994 'Green Paper on the liberalization of telecommunications infrastructure and cable  television networks: Part One`). The networks of the telecommunications organizations currently  fail to meet all potential market demand for transmission capacity for the provision of these  telecommunications services, as emphasized by users and suppliers of such services ('Communication  to the Council and the European Parliament on the consultation on the review of the situation in  the telecommunications sector` of 28 April 1993, page 5, point 2; the findings made during the  review thus showed that the mere obligation to provide leased lines on demand was not sufficient to  avoid restrictions on access to the markets in telecommunications services and limits on user's  freedom of choice). The current restrictions on the use of CATV networks for the provision of such services therefore  create a situation in which the mere exercise by the telecommunications organization of their  exclusive right to provide transmission capacity for public telecommunications services limits,  within the meaning of point (b) of the second paragraph of Article 86 of the Treaty, the emergence  of, inter alia, new applications such as pay per view, interactive television and video on demand  as well as multimedia-services in the Community, combining both audio-visual and  telecommunications, which often cannot adequately be provided on the networks of the  telecommunications organizations. On the other hand, given the restrictions on the number of services which they may offer, cable TV  operators often postpone investments in their networks and in particular the introduction of  optical-fibre which could be profitable if they were to be spread over a larger number of services  provided. Consequently, restrictions on the use of cable TV networks to provide services other than  broadcasting also have the effect of delaying the development of new telecommunications and  multimedia services, and thus holding back technical progress in this area. (14)  Lastly, as was recalled by the Court of Justice of the European Communities in its Judgment  of 19 March 1991 in Case C-202/88, France v. Commission (1), a system of undistorted competition,  as laid down in the Treaty, can be guaranteed only if equality of opportunity is secured between  the various economic operators. Reserving to one undertaking which markets telecommunications  services the task of supplying the indispensable raw material - transmission capacity - to all  companies offering telecommunications services proved, however, tantamount to conferring upon it  the power to determine at will which service could be offered by its competitors, at which costs  and in which time periods, and to monitor their clients and the traffic generated by its  competitors, thereby putting that undertaking at an obvious advantage over its competitors. (15)  The exclusive rights granted to the telecommunications organization to provide transmission  capacity for telecommunications services to the public and the resulting restrictions on the use of  cable TV networks for the provision of liberalized services are therefore incompatible with Article  90 (1) in conjunction with Article 86 of the Treaty. Article 90 (2) of the Treaty provides for an  exception to Article 86 in cases where the application of the latter would obstruct the  performance, in law or in fact, of the particular tasks assigned to the telecommunications  organizations. Pursuant to that provision, the Commission investigated the impact of liberalizing  the use of the cable networks for the provision of telecommunications and multimedia services. Pursuant to Directive 90/388/EEC, Member States may until a certain date continue to reserve the  provision of voice telephony to their national telecommunications organization so as to guarantee  sufficient revenues for the establishment of a universal telephone network. Voice telephony is  defined in Article 1 of Directive 90/388/EEC as the commercial provision for the public of the  direct transport and switching of speech in real time between public switched network termination  points, enabling any user to use equipment connected to such a network termination point in order  to communicate with another termination point. Where cable TV networks are transformed into  switched networks providing voice telephony to any subscriber, such networks should likewise be  considered to be public switched networks and their termination points as termination points of  such networks. The relevant voice service would then become voice telephony, which according to  Article 2 of Directive 90/388/EEC could further be prohibited on cable TV networks by the Member  States. It appears that such temporary prohibition of the provision of voice telephony on the cable TV  network can be justified on the same grounds as for telecommunications networks. Conversely where  switched voice services for closed user groups, and/or transparent transmission capacity in the  form of leased lines, are provided on cable TV networks, those networks do not represent public  switched networks and Member States should not restrict the relevant services, even when they  involve the use of one connection point with the public switched telephone network. Besides the case of voice telephony, no other restrictions for the provision of liberalized  services is justified under Article 90 (2), particularly if regard is had to the small contribution  made to the turnover of the telecommunications organizations by those services, currently provided  on their own networks, which could be diverted towards the cable TV networks. It is recalled that  the measures liberalizing the provision of voice telephony should take into account the need to  finance a universal service including any development in the concept, see point V.2 in the  Communication from the Commission to the Council and the European Parliament of 3 May 1995. (16)  Notwithstanding the abolition of the current restrictions on the use of cable TV networks,  where the provision of services is concerned, the same licensing or declaration procedures could be  laid down as for the provision of the same services on the public telecommunications networks. (17)  In addition, the distribution of audiovisual programmes intended for the general public via  those networks, and the content of such programmes, will continue to be subject to specific rules  adopted by Member States in accordance with Community law and is not, therefore, subject to the  provisions of this Directive. (18)  Where Member States grant to the same undertaking the right to establish both cable TV and  telecommunications networks, they put the undertaking in a situation whereby it has no incentive to  attract users to the network best suited to the provision of the relevant service, as long as it  has spare capacity on the other network. In that case, the undertaking has, on the contrary, an  interest for overcharging for use of the cable infrastructure for the provision of non-reserved  services, in order to increase the traffic on their telecommunications networks. The introduction  of fair competition will often require specific measures that take into account the specific  circumstances of the relevant markets. Given the disparities between Member States, the national  authorities are best able to assess which measures are the most appropriate, and in particular to  judge whether a separation of the activities is indispensable. In early stages of liberalization,  detailed control of cross-subsidies and accounting transparency are essential. To allow the  monitoring of any improper behaviour, Member States should therefore at least impose a clear  separation of financial records between the two activities, though full structural separation is  preferable. (19)  In order to allow the monitoring of any improper cross-subsidies between the broadcasting  tasks of cable TV operators which are provided under exclusive rights in a given franchise area and  their business as providers of capacity for telecommunications services, Member States should  guarantee transparency as regards the use of resources from one activity which could be used to  extend the dominant position to the other market. Given the complexity of the financial records of  network providers, it is extremely difficult to detect cross-subsidies within it between the  reserved activities and the services provided under competitive conditions. It is thus necessary to  require those cable TV operators to keep separate financial records, and in particular to identify  separately costs and revenues associated with the provision of the services supplied under their  exclusive rights and those provided under competitive conditions once they achieve a significant  turnover in telecommunications activities in the licensed area. For the time being, a turnover of  more than ECU 50 million should be considered a significant turnover. Where such a requirement  would constitute an excessive burden on the relevant undertaking, Member States may grant  deferments for limited periods, subject to prior notification to the Commission of the underlying  justifications. The operators concerned should use an appropriate cost accounting system which can be verified by  accounting experts and which ensures the production of recorded figures. The above separation of accounts should, for this purpose at least, apply the principles set out in  Article 10 (2) of Council Directive 92/44/EEC of 5 June 1992 on the application of open network  provision to leased lines  (1), as amended by Commission Decision 94/439/EC  (2). Hybrid services,  made up of elements falling variously within the reserved and the competitive services, should  distinguish between the costs of each element. (20)  In the event that, in the meantime, no competing home-delivery system is authorized by the  relevant Member State, the Commission will reconsider whether separation of accounts is sufficient  to avoid improper practices and will assess whether such joint provision does not result in a  limitation of the potential supply of transmission capacity at the expense of the services  providers in the relevant area, or whether further measures are warranted. (21)  Member States should refrain from introducing new measures with the purpose or effect of  jeopardizing the aim of this Directive, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 90/388/EEC is hereby amended as follows: 1.  Article 1 (1) is amended as follows: (a)  the fifth indent is replaced by the following: '-  "telecommunications services" means services whose provision consists wholly or partly in the  transmission and/or routing of signals on a telecommunications network.` (b)  the following is added after the last indent: '-  "cable TV network" means any wire-based infrastructure approved by a Member State for the  delivery or distribution of radio or television signals to the public. This Directive shall be without prejudice to the specific rules adopted by the Member States in  accordance with Community law, governing the distribution of audiovisual programmes intended for  the general public, and the content of such programmes.` 2.  In Article 4, the following is inserted after the second paragraph: 'Member States shall: -  abolish all restrictions on the supply of transmission capacity by cable TV networks and allow  the use of cable networks for the provision of telecommunications services, other than voice  telephony; -  ensure that interconnection of cable TV networks with the public telecommunications network is  authorized for such purpose, in particular interconnection with leased lines, and that the  restrictions on the direct interconnection of cable TV networks by cable TV operators are  abolished.` Article 2 When abolishing restrictions on the use of cable TV networks, Member States shall take  the necessary measures to ensure accounting transparency and to prevent discriminatory behaviour,  where an operator having an exclusive right to provide public telecommunications network  infrastructure also provides cable TV network infrastructure; and in particular to ensure the  separation of financial accounts as concerns the provision of each network and its activity as  provider of telecommunication services. Where an operator has an exclusive right to provide cable television network infrastructure in a  given area Member States shall also ensure that the operator concerned keeps separate financial  accounts regarding its activity as network capacity provider for telecommunications purposes as  soon as it achieves a turnover of more than ECU 50 million in the market for telecommunications  services other than the distribution of radio and broadcasting services in the relevant geographic  area. Where such requirement would constitute an excessive burden on the relevant undertaking,  Member States may grant deferments for limited periods, subject to prior notification to the  Commission of the underlying justification. Where a single operator provides both networks or both services as referred to in the first  paragraph, the Commission shall, before 1 January 1998, carry out an overall assessment of the  imapct of such joint provision in relation to the aims of this Directive. Article 3 Member States shall supply to the Commission, not later than nine months after this  Directive has entered into force, such information as will allow the Commission to confirm that  Articles 1 and 2 have been complied with. Article 4 This Directive shall enter into force on 1 January 1996. Article 5 This Directive is addressed to the Member States. Done at Brussels, 18 October 1995. For the Commission Karel VAN MIERT Member of the Commission (1)  [1991] ECR I-1271, paragraph 51.  (1)  OJ No L 165, 19. 6. 1992, p. 27.  (2)  OJ No L 181, 15. 7. 1994, p. 40.


title: Commission Directive (EU) 2016/1855 of 19 October 2016 amending Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (Text with EEA relevance)

text:
                  20.10.2016

                  EN

                  Official Journal of the European Union

                  L 284/19

            COMMISSION DIRECTIVE (EU) 2016/1855
      of 19 October 2016
      amending Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients
      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Directive 2009/32/EC of the European Parliament and of the Council of 23 April 2009 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (1), and in particular point (a) of the first subparagraph of Article 4 thereof,
      Whereas:

                  (1)

                  Directive 2009/32/EC applies to extraction solvents used or intended for use in the production of foodstuffs or food ingredients. That Directive does not apply to extraction solvents used in the production of food additives, vitamins and other nutritional additives, unless such food additives, vitamins or nutritional additives are listed in its Annex I.

                  (2)

                  On 19 August 2014, an application was submitted by Akzo Nobel Industrial Chemicals BV requesting a change in the maximum residual limit (MRL) for dimethyl ether (DME) as an extraction solvent in defatted animal protein products, in particular collagen and collagen derivatives, from 0,009 mg/kg to 3 mg/kg, and a new use for the extraction of protein products to yield gelatine with a MRL of 0,009 mg/kg. That application was subsequently made available to the Member States.

                  (3)

                  The European Food Safety Authority (‘the Authority’) re-evaluated the safety of DME as an extraction solvent for the preparation of defatted animal protein products — collagen and gelatine — and issued its opinion on 14 July 2015 (2). The Authority concluded that the use of DME as an extraction solvent, under the intended conditions of use and with the proposed MRLs of 3 mg/kg in collagen and collagen derivatives and 0,009 mg/kg in gelatine, is of no safety concern.

                  (4)

                  Therefore, it is appropriate to authorise the use of dimethyl ether as an extraction solvent to remove fat from animal protein raw materials under the condition of maximum residual limits of dimethyl ether of 3 mg/kg in collagen and collagen derivatives and of 0,009 mg/kg in gelatine.

                  (5)

                  Directive 2009/32/EC should therefore be amended accordingly.

                  (6)

                  The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

            HAS ADOPTED THIS DIRECTIVE:
      Article 1
      Annex I to Directive 2009/32/EC is amended in accordance with the Annex to this Directive.
      Article 2
      1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than two years after the date of entry into force of this Directive. 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
      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
      This Directive is addressed to the Member States.

         Done at Brussels, 19 October 2016.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 141, 6.6.2009, p. 3.

         (2)  EFSA CEF Panel (EFSA Panel on Food Contact Materials, Enzymes, Flavourings and Processing Aids), 2015. Scientific Opinion on the safety of use of dimethyl ether as an extraction solvent under the intended conditions of use and the proposed maximum residual limits. EFSA Journal 2015;13(7):4174, 13 pp.

         ANNEX
         In Part II of Annex I to Directive 2009/32/EC, the row for ‘Dimethyl ether’ is replaced by the following:

                        ‘Dimethyl ether

                        Preparation of defatted animal protein products including gelatine (*)

                        0,009 mg/kg in the defatted animal protein products including gelatine

                        Preparation of collagen (**) and collagen derivatives, except gelatine

                        3 mg/kg in the collagen and collagen derivatives, except gelatine

            (*)  ‘Gelatine’ means natural, soluble protein, gelling or non-gelling, obtained by the partial hydrolysis of collagen produced from bones, hides and skins, tendons and sinews of animals, in accordance with the relevant requirements of Regulation (EC) No 853/2004.

            (**)  ‘Collagen’ means the protein-based product derived from animal bones, hides, skins and tendons manufactured in accordance with the relevant requirements of Regulation (EC) No 853/2004.’


Avis juridique important

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31981L0421

Council Directive 81/421/EEC of 10 June 1981 derogating in favour of the Italian Republic from Directive 73/403/EEC on the synchronization of general population censuses

Official Journal L 165 , 23/06/1981 P. 0011

****( 1 ) OJ NO L 347 , 17 . 12 . 1973 , P . 50 .        COUNCIL DIRECTIVE   OF 10 JUNE 1981   DEROGATING IN FAVOUR OF THE ITALIAN REPUBLIC FROM DIRECTIVE 73/403/EEC ON THE SYNCHRONIZATION OF GENERAL POPULATION CENSUSES  ( 81/421/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 213 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   WHEREAS COUNCIL DIRECTIVE 73/403/EEC OF 22 NOVEMBER 1973 ON THE SYNCHRONIZATION OF GENERAL POPULATION CENSUSES ( 1 ) STIPULATES THAT MEMBER STATES SHALL CONDUCT A GENERAL POPULATION CENSUS ON A DATE BETWEEN 1 MARCH AND 31 MAY 1981 ;   WHEREAS SERIOUS ADMINISTRATIVE DIFFICULTIES , WHICH COULD NOT HAVE BEEN FORESEEN AT THE TIME WHEN THE DIRECTIVE WAS ADOPTED , HAVE ARISEN IN THE ITALIAN REPUBLIC AND PREVENT THE PROPER CONDUCT OF THE CENSUS DURING THAT PERIOD ;   WHEREAS IT IS PROPOSED TO CONDUCT THE SAID GENERAL POPULATION CENSUS IN THE ITALIAN REPUBLIC BETWEEN 1 SEPTEMBER AND 31 DECEMBER 1981 ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   BY WAY OF DEROGATION FROM ARTICLE 1 OF DIRECTIVE 73/403/EEC , THE ITALIAN REPUBLIC SHALL CONDUCT THE GENERAL POPULATION CENSUS DURING THE PERIOD BETWEEN 1 SEPTEMBER AND 31 DECEMBER 1981 .   ARTICLE 2   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT LUXEMBOURG , 10 JUNE 1981 .   FOR THE COUNCIL   THE PRESIDENT   W . ALBEDA


Avis juridique important

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31977L0629

First Commission Directive 77/629/EEC of 28 September 1977 amending the Annexes to Council Directive 68/193/EEC on the marketing of material for the vegetative propagation of the vine

Official Journal L 257 , 08/10/1977 P. 0027 - 0028 Finnish special edition: Chapter 3 Volume 9 P. 0075  Greek special edition: Chapter 03 Volume 19 P. 0125  Swedish special edition: Chapter 3 Volume 9 P. 0075  Spanish special edition: Chapter 03 Volume 13 P. 0063  Portuguese special edition Chapter 03 Volume 13 P. 0063

FIRST COMMISSION DIRECTIVE  of 28 September 1977  amending the Annexes to Council Directive 68/193/EEC on the marketing of material for the vegetative propagation of the vine  (77/629/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (1), as last amended by Council Directive 74/648/EEC (2), and in particular Article 17a thereof,  Whereas, by reason of advances in scientific and technical knowledge, the Annexes to the abovementioned Directive should be amended for the reasons set out below;  Whereas the conditions laid down in the Directive as to the cultivation of material for the propagation of the vine should be improved so as to take account of the effects of harmful organisms, in particular when dealing with virus diseases or vectors thereof;  Whereas the German text of the Directive should be corrected;  Whereas the new techniques for grading top graft cuttings should be taken into account;  Whereas, so that healthy vine nurseries may become available as rapidly as possible, the official label should, for an initial stage, give supplementary and optional information obtained during officially recognized tests concerning the provenance of virus tested basic material;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Annex I to Council Directive 68/193/EEC is hereby amended as follows:    1. In Part I, item 3, for "harmful organisms, in particular viruses" read "harmful organisms or their vectors, in particular nematodes which carry virus diseases".       2. The German text of Part I, item 5, for "Kurzknotigkeit" read "Reisigkrankheit".       3. In Part I, item 6 shall read:  "6. The failure rate attributable to harmful organisms shall not exceed:      - 5 % in stock nurseries intended for the production of certified propagation material, and  (1)OJ No L 93, 17.4.1968, p. 15. (2)OJ No L 352, 28.12.1974, p. 43.            - 10 % in stock nurseries intended for the production of standard propagation material.              If failures can be ascribed to other than plant health factors and if the failure rate exceeds the abovementioned percentages, these reasons shall be entered in the file".          Article 2 In Annex II, Part III, item 1, the text of B shall read:  "B. Length    (a) Rootstock cuttings for grafting : minimum length from the lowest part of the lowest node taking into account the uppermost internode, 1 705 m;       (b) Nursery cuttings : minimum length from the lowest part of the lowest node taking into account the uppermost internode, 55 cm, in the case of Vitis vinifera, 30 cm;       (c) Top-graft cuttings:      - with five usable eyes, minimum length from the lowest part of the lowest node taking into account the uppermost internode, 50 cm,           - with one usable eye, minimum length 6 75 cm ; the cut shall be made at a minimum distance of 1 75 cm above the eye and 5 cm below the eye".                     Article 3  >PIC FILE= "T0011148">    Article 4 Annex IV is amended as follows:    1. Insert after Part A:  "B. Additional information allowed for basic propagation material and for certified propagation material:  "The basic material/the materials of a vegetative stage prior thereto have been tested by ... (authority) and have been confirmed free of ... (virus disease) according to ... (test method)".  For basic propagation material and for certified propagation material this information can refer to leafroll and fan-leaf and in the case of root stock also to mottling. The tests must be officially recognized. They must have been carried out over a period of at least three years by a officially recognized and controlled authority.  The following test methods may be applied:      - for all virus diseases the indexing methods in the case of vine plants;           - for fan-leaf, in addition to the preceding methods, the indexing method in the case of herbaceous plants, and also the serology method".                  2. Re-letter the former Part B as Part C.          Article 5 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 1 July 1978.   Article 6 This Directive is addressed to the Member States.     Done at Brussels, 28 September 1977.  For the Commission  Finn GUNDELACH  Vice-President


Important legal notice

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31979L0110

Council Directive 79/110/EEC of 24 January 1979 authorizing the Italian Republic to postpone the notification and implementation of its national plans for the accelerated eradication of brucellosis and tuberculosis in cattle

Official Journal L 029 , 03/02/1979 P. 0024 - 0025

		Council Directiveof 24 January 1979authorizing the Italian Republic to postpone the notification and implementation of its national plans for the accelerated eradication of brucellosis and tuberculosis in cattle(79/110/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,Having regard to the proposal from the Commission [1],Having regard to the opinion of the European Parliament [2],Having regard to the opinion of the Economic and Social Committee [3],Whereas Articles 2 and 3 of Council Directive 77/391/EEC of 17 May 1977 introducing Community measures for the eradication of brucellosis, tuberculosis and leucosis in cattle [4], provide that Member States in which cattle are infected with brucellosis or tuberculosis are to draw up national plans for accelerating the eradication of these diseases; whereas Article 9 (1) of that Directive stipulates that Member States are to forward these plans to the Commission prior to their implementation and not later than 31 March 1978;Whereas, however, the Italian Republic has officially informed the Commission that it is encountering considerable difficulties in drawing up its national eradication plans, and is therefore behind schedule;Whereas it is desirable and in accordance with the aims of the abovementioned Directive that the time allowed for the preparation of national eradication plans by the Italian Republic, and for their communication to the Commission, should be such as to ensure effective implementation;Whereas Article 29 (2) and (3) of Directive 78/52/EEC [5] stipulates that the three-year period of execution, provided for in Article 6 (1) of Directive 77/391/EEC for implementation of national plans for eradication of brucellosis and tuberculosis, is to begin not later than 31 December 1978 and is to be restricted to slaughterings carried out before 1 January 1982;Whereas, if the deadline for notifying the eradication plans submitted by the Italian Republic is extended, then, to ensure full effectiveness of the measures, the deadline for the entry into force of these plans and the date until which slaughterings carried out may receive Community finance should be extended by a maximum of one year,HAS ADOPTED THIS DIRECTIVE :Article 1By way of derogation from Article 9 (1) of Directive 77/391/EEC, the Italian Republic shall forward to the Commission the plans provided for in Articles 2 and 3 of that Regulation prior to their implementation and not later than 31 March 1979.Article 21. By way of derogation from Article 29 (2) of Directive 78/52/EEC, the Italian Republic shall bring into force the laws, regulations and administrative provisions necessary for implementation of the national plans for accelerated eradication, adopted in accordance with Article 9 (2) of Directive 77/391/EEC, on the date laid down by the Commission in its Decision approving the plans and not later than 31 December 1979.2. By way of derogation from Article 29 (3) of Directive 78/52/EEC, the three-year period of execution provided for in Article 6 (1) of Directive 77/391/EEC shall run, for the Italian Republic, from the date laid down by the Commission pursuant to paragraph 1. However, Community finance shall in all cases be restricted to slaughterings carried out before 1 January 1983.Article 3This Directive is addressed to the Italian Republic.Done at Brussels, 24 January 1979.For the CouncilThe PresidentJ. François-poncet[1] OJ No C 289, 2. 12. 1978, p. 6.[2] Opinion delivered on 19 January 1979 (not yet published in the Official Journal).[3] Opinion delivered on 19 December 1978 (not yet published in the Official Journal).[4] OJ No L 145, 13. 6. 1977, p. 44.[5] OJ No L 15, 19. 1. 1978, p. 34.--------------------------------------------------


Avis juridique important

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32001L0032

Commission Directive 2001/32/EC of 8 May 2001 recognising protected zones exposed to particular plant health risks in the Community and repealing Directive 92/76/EEC

Official Journal L 127 , 09/05/2001 P. 0038 - 0041

Commission Directive 2001/32/ECof 8 May 2001recognising protected zones exposed to particular plant health risks in the Community and repealing Directive 92/76/EECTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), and in particular the first subparagraph of Article 2(1)(h) thereof,Having regard to the requests made by Denmark, Greece, Spain, France, Ireland, Italy, Austria, Portugal, Finland, Sweden and the United Kingdom,Whereas:(1) Under the provisions of Directive 2000/29/EC, "protected zones" exposed to particular plant health risks may be defined and therefore may be accorded special protection under conditions compatible with the internal market. Such zones were defined in Commission Directive 92/76/EEC of 6 October 1992, recognising protected zones exposed to particular plant health risks in the Community(2) as last amended by Directive 2000/23/EC(3).(2) Since then, there have been significant developments in the plant health status of some of these zones initially recognised as protected zones in respect of the relevant harmful organisms.(3) From information supplied by Denmark it appears that it is no longer appropriate to maintain the protected zone recognised for Denmark in respect of Bemisia tabaci Genn. (European populations) and tomato spotted wilt virus.(4) Certain provisions on protective measures in Portugal against Gonipterus scutellatus Gyll. and in the United Kingdom and in Ireland against Pissodes spp. (European) should be modified to take into account the present distribution of these organisms in the respective countries.(5) From information supplied by United Kingdom and Sweden it appears that following local government reorganisation, the current description of the respective protected zones in respect of Dendroctonus micans Kugelan and Leptinotarsa decemlineata Say should be modified.(6) Under Directive 92/76/EEC, Austria, Ireland and the regions of Apulia, Emilia-Romagna, Lombardia and Veneto in Italy were provisionally recognised as protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al. for a period expiring on 31 March 2001.(7) From information supplied by Ireland it appears that the provisional recognition of the protected zones for Ireland in respect of Erwinia amylovora (Burr.) Winsl. et al. should be extended for a further limited period.(8) From information supplied by Austria and Italy it appears that some areas within Austria and Italy should not longer be recognised as protected zones in respect of Erwinia amylovora (Burr.) Winsl. et al., whilst other areas should be recognised as protected zones in respect of Erwinia amylovora (Burr.) Winsl. et al. for a further limited period.(9) From information supplied by France it appears that some areas within France should not longer be recognised as protected zones in respect of Erwinia amylovora (Burr.) Winsl. et al.(10) From information supplied by United Kingdom it appears that the provisional recognition of the protected zone for United Kingdom in respect of beet necrotic yellow vein virus should be extended for a further limited period.(11) It is therefore necessary to modify the existing designation of protected zones. In the interest of clarity, a new list of such zones should be adopted. Directive 92/76/EEC should therefore be repealed. In view of the continuing plant health problems, this Directive should enter into force and be transposed as soon as possible.(12) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1The zones in the Community listed in the Annex are hereby recognised as "protected zones" referred to in the first subparagraph of Article 2(1)(h) of Directive 2000/29/EC, in respect of the harmful organism(s) listed against their names in the Annex.In the case of point 2 of (b), for Ireland, for Italy (Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Lombardia; Trentino-Alto Adige: autonomous province of Bolzano; Veneto), and for Austria (Burgenland, Kärnten, Niederösterreich, Osttirol, Steiermark, Wien), the said zones are recognised until 31 March 2002.In the case of point 1 of (d), the said zone in United Kingdom is recognised until 31 March 2002.Article 2The extension of the recognition beyond the dates referred to in Article 1, and any amendment to the list of protected zones referred to in Article 1, shall be made in accordance with the procedure laid down in Article 18 of Directive 2000/29/EC, taking into account the results of appropriate surveys based on Community conditions and monitored by Commission experts.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 May 2001 at the latest. They shall apply them from 22 May 2001. 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 procedure for such a reference shall be adopted by Member States.2. Member States shall immediately communicate to the Commission the essential provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 4Directive 92/76/EEC is hereby repealed with effect from 22 May 2001.Article 5This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.It shall apply from 22 May 2001.Article 6This Directive is addressed to the Member States.Done at Brussels, 8 May 2001.For the CommissionDavid ByrneMember of the Commission(1) OJ L 169, 10.7.2000, p. 1.(2) OJ L 305, 21.10.1992, p. 12.(3) OJ L 103, 28.4.2000, p. 72.ANNEXZONES IN THE COMMUNITY RECOGNISED AS "PROTECTED ZONES", IN RESPECT OF HARMFUL ORGANISM(S) LISTED AGAINST THEIR NAMES>TABLE>


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31988L0181

Council Directive 88/181/EEC of 22 March 1988 amending Directive 84/538/EEC on the approximation of the laws of the Member States relating to the permissible sound power level of lawnmowers

Official Journal L 081 , 26/03/1988 P. 0071 - 0074 Finnish special edition: Chapter 15 Volume 8 P. 0070  Swedish special edition: Chapter 15 Volume 8 P. 0070

*****COUNCIL  DIRECTIVE  of 22 March 1988  amending Directive 84/538/EEC on the approximation of the laws of the Member States relating to the permissible sound power level of lawnmowers  (88/181/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 provisions to limit noise at operator's positions and methods of measuring airborne noise differ from one Member State to another, which constitutes a barrier to trade in lawnmowers; whereas such provisions should therefore be harmonized;  Whereas Council Directive 79/113/EEC of 19 December 1978 on the approximation of the laws of the Member States relating to the determination of the noise emission of construction plant and equipment (4), as last amended by Directive 85/405/EEC (5), laid down in particular the method to be used for determining airborne noise emitted by a lawnmower at the operator's position;  Whereas, during the Council meeting on 18 and 19 December 1978, Ministers of the Environment stated that technical procedures for the measurement of airborne noise emitted at the driving position must be included in the Annexes to the Directives relevant to each type of equipment involved;  Whereas it is appropriate to bring together in one Directive all the technical provisions for determining the sound emissions of lawnmowers;  Whereas, in order to take account of these various requirements, Council Directive 84/538/EEC (6) should be amended,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 84/538/EEC is hereby amended as follows:  1. Article 1 (1) is replaced by the following:  '1. The purpose of this Directive is to restrict the permissible sound power level of airborne noise emitted in the environment by lawnmowers and the permissible sound pressure level of airborne noise emitted at the operator's position by lawnmowers with a cutting width exceeding 120 cm by setting down limit values and methods for measuring those levels.'  2. Article 2 is replaced by the following:  'Article 2  Member States shall take all appropriate measures to ensure that lawnmowers as defined in Article 1 may not be placed on the market unless:  - their sound power levels, as measured under the conditions specified in Annex I, do not exceed the permissible level for the cutting width of the mower as shown in the following table:  1,2.3 //  //  // Cutting width of lawnmower (L)  // Permissible sound power level in dB(A)/pW  //  //  // 1.2.3 //  // L µ 50 cm   // 96   // 50 cm <   // L µ 120 cm   // 100   //   // L > 120 cm   // 105   //    //  //  - for lawnmowers with a cutting width exceeding 120 cm, the sound-pressure level of airborne noise, in dB(A), measured at the operator's position under the conditions specified in Annex Ia, does not exceed the level of 90 dB(A).'  3. Article 4 is replaced by the following:  'Article 4  Before being placed on the market, lawnmowers shall, in a clearly visible and durable fashion either directly or on a plate (such as a riveted or self-adhesive plate) permanently attached to them, bear marks identifying the manufacturer, describing the type and indicating the maximum sound power level expressed in dB(A)/pW and for lawnmowers with a cutting width exceeding 120 cm, an indication of the sound-pressure level expressed in dB(A)/20 mPa at the operator's position, guaranteed by the manufacturer.  The latter indication shall not be required on electrically powered lawnmowers with a cutting width of less than 30 cm, which, by virtue of their construction, are not noisy.  The models for these indications are set out in Annex III.'  4. A new Annex Ia, the text of which is given in Annex I to this Directive, is inserted.  5. Annex III is supplemented by the mark shown in Annex II to this Directive.  6. For lawnmowers requiring sound-pressure level measurement to be made, Annex II is supplemented by the following text, to be added after 'Guaranteed sound power level dB(A)':  'Guaranteed sound pressure level dB(A)'.  Article 2  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 1991. They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the texts of the 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 Brussels, 22 March 1988.  For the Council  The President  M. BANGEMANN  (1) OJ No C 20, 27. 1. 1987, p. 2.  (2) OJ No C 281, 19. 10. 1987, p. 176 and Decision of 9 March 1988 not yet published in the Official Journal).  (3) OJ No C 180, 8. 7. 1987, p. 11.  (4) OJ No L 33, 8. 2. 1979, p. 15.  (5) OJ No L 233, 30. 8. 1985, p. 9.  (6) OJ No L 300, 19. 11. 1984, p. 171.  ANNEX I  'ANNEX Ia  Method of measuring airborne noise emitted by lawnmowers at the operator's position  This method is applicable to lawnmowers with a cutting width exceding 120 cm and having a seat attached in a suitable way to a structural component of the lawnmower.  These technical procedures comply with the requirements of Annex II to Directive 79/113/EEC, as amended by Directive 81/1051/EEC (1), and the provisions of that Annex apply to lawnmowers subject to the following amendments and additions:  6. OPERATOR  An operator shall occupy the operator's position.  6.2.1. Standing operator  This point shall not be taken into consideration.  7.1. General  The microphone shall be located as specified in Section 7.3.  9.1. General  The conditions required for installing and operating the lawnmower are laid down in point 6.2. of Annex I.  9.2. Operation of a lawnmower with adjustable features.  This point shall not be taken into consideration.  10.2.2. Using the A-weighted sound pressure levels LpA  If a sound level meter is used, T is five seconds.  The number of measurements is 5.'  (1) OJ No L 376, 30. 12. 1981, p. 49.  ANNEX II  MODEL FOR MARK STATING THE SOUND PRESSURE LEVEL AT THE OPERATOR'S POSITION