title: Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters

text:
               24.5.2008

               EN

               Official Journal of the European Union

               L 136/3

      DIRECTIVE 2008/52/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 21 May 2008
   on certain aspects of mediation in civil and commercial matters
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 61(c) and the second indent of Article 67(5) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               The Community has set itself the objective of maintaining and developing an area of freedom, security and justice, in which the free movement of persons is ensured. To that end, the Community has to adopt, inter alia, measures in the field of judicial cooperation in civil matters that are necessary for the proper functioning of the internal market.

               (2)

               The principle of access to justice is fundamental and, with a view to facilitating better access to justice, the European Council at its meeting in Tampere on 15 and 16 October 1999 called for alternative, extra-judicial procedures to be created by the Member States.

               (3)

               In May 2000 the Council adopted Conclusions on alternative methods of settling disputes under civil and commercial law, stating that the establishment of basic principles in this area is an essential step towards enabling the appropriate development and operation of extrajudicial procedures for the settlement of disputes in civil and commercial matters so as to simplify and improve access to justice.

               (4)

               In April 2002 the Commission presented a Green Paper on alternative dispute resolution in civil and commercial law, taking stock of the existing situation as concerns alternative dispute resolution methods in the European Union and initiating widespread consultations with Member States and interested parties on possible measures to promote the use of mediation.

               (5)

               The objective of securing better access to justice, as part of the policy of the European Union to establish an area of freedom, security and justice, should encompass access to judicial as well as extrajudicial dispute resolution methods. This Directive should contribute to the proper functioning of the internal market, in particular as concerns the availability of mediation services.

               (6)

               Mediation can provide a cost-effective and quick extrajudicial resolution of disputes in civil and commercial matters through processes tailored to the needs of the parties. Agreements resulting from mediation are more likely to be complied with voluntarily and are more likely to preserve an amicable and sustainable relationship between the parties. These benefits become even more pronounced in situations displaying cross-border elements.

               (7)

               In order to promote further the use of mediation and ensure that parties having recourse to mediation can rely on a predictable legal framework, it is necessary to introduce framework legislation addressing, in particular, key aspects of civil procedure.

               (8)

               The provisions of this Directive should apply only to mediation in cross-border disputes, but nothing should prevent Member States from applying such provisions also to internal mediation processes.

               (9)

               This Directive should not in any way prevent the use of modern communication technologies in the mediation process.

               (10)

               This Directive should apply to processes whereby two or more parties to a cross-border dispute attempt by themselves, on a voluntary basis, to reach an amicable agreement on the settlement of their dispute with the assistance of a mediator. It should apply in civil and commercial matters. However, it should not apply to rights and obligations on which the parties are not free to decide themselves under the relevant applicable law. Such rights and obligations are particularly frequent in family law and employment law.

               (11)

               This Directive should not apply to pre-contractual negotiations or to processes of an adjudicatory nature such as certain judicial conciliation schemes, consumer complaint schemes, arbitration and expert determination or to processes administered by persons or bodies issuing a formal recommendation, whether or not it be legally binding as to the resolution of the dispute.

               (12)

               This Directive should apply to cases where a court refers parties to mediation or in which national law prescribes mediation. Furthermore, in so far as a judge may act as a mediator under national law, this Directive should also apply to mediation conducted by a judge who is not responsible for any judicial proceedings relating to the matter or matters in dispute. This Directive should not, however, extend to attempts made by the court or judge seised to settle a dispute in the context of judicial proceedings concerning the dispute in question or to cases in which the court or judge seised requests assistance or advice from a competent person.

               (13)

               The mediation provided for in this Directive should be a voluntary process in the sense that the parties are themselves in charge of the process and may organise it as they wish and terminate it at any time. However, it should be possible under national law for the courts to set time-limits for a mediation process. Moreover, the courts should be able to draw the parties’ attention to the possibility of mediation whenever this is appropriate.

               (14)

               Nothing in this Directive should prejudice national legislation making the use of mediation compulsory or subject to incentives or sanctions provided that such legislation does not prevent parties from exercising their right of access to the judicial system. Nor should anything in this Directive prejudice existing self-regulating mediation systems in so far as these deal with aspects which are not covered by this Directive.

               (15)

               In order to provide legal certainty, this Directive should indicate which date should be relevant for determining whether or not a dispute which the parties attempt to settle through mediation is a cross-border dispute. In the absence of a written agreement, the parties should be deemed to agree to use mediation at the point in time when they take specific action to start the mediation process.

               (16)

               To ensure the necessary mutual trust with respect to confidentiality, effect on limitation and prescription periods, and recognition and enforcement of agreements resulting from mediation, Member States should encourage, by any means they consider appropriate, the training of mediators and the introduction of effective quality control mechanisms concerning the provision of mediation services.

               (17)

               Member States should define such mechanisms, which may include having recourse to market-based solutions, and should not be required to provide any funding in that respect. The mechanisms should aim at preserving the flexibility of the mediation process and the autonomy of the parties, and at ensuring that mediation is conducted in an effective, impartial and competent way. Mediators should be made aware of the existence of the European Code of Conduct for Mediators which should also be made available to the general public on the Internet.

               (18)

               In the field of consumer protection, the Commission has adopted a Recommendation (3) establishing minimum quality criteria which out-of-court bodies involved in the consensual resolution of consumer disputes should offer to their users. Any mediators or organisations coming within the scope of that Recommendation should be encouraged to respect its principles. In order to facilitate the dissemination of information concerning such bodies, the Commission should set up a database of out-of-court schemes which Member States consider as respecting the principles of that Recommendation.

               (19)

               Mediation should not be regarded as a poorer alternative to judicial proceedings in the sense that compliance with agreements resulting from mediation would depend on the good will of the parties. Member States should therefore ensure that the parties to a written agreement resulting from mediation can have the content of their agreement made enforceable. It should only be possible for a Member State to refuse to make an agreement enforceable if the content is contrary to its law, including its private international law, or if its law does not provide for the enforceability of the content of the specific agreement. This could be the case if the obligation specified in the agreement was by its nature unenforceable.

               (20)

               The content of an agreement resulting from mediation which has been made enforceable in a Member State should be recognised and declared enforceable in the other Member States in accordance with applicable Community or national law. This could, for example, be on the basis of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (4) or Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (5).

               (21)

               Regulation (EC) No 2201/2003 specifically provides that, in order to be enforceable in another Member State, agreements between the parties have to be enforceable in the Member State in which they were concluded. Consequently, if the content of an agreement resulting from mediation in a family law matter is not enforceable in the Member State where the agreement was concluded and where the request for enforceability is made, this Directive should not encourage the parties to circumvent the law of that Member State by having their agreement made enforceable in another Member State.

               (22)

               This Directive should not affect the rules in the Member States concerning enforcement of agreements resulting from mediation.

               (23)

               Confidentiality in the mediation process is important and this Directive should therefore provide for a minimum degree of compatibility of civil procedural rules with regard to how to protect the confidentiality of mediation in any subsequent civil and commercial judicial proceedings or arbitration.

               (24)

               In order to encourage the parties to use mediation, Member States should ensure that their rules on limitation and prescription periods do not prevent the parties from going to court or to arbitration if their mediation attempt fails. Member States should make sure that this result is achieved even though this Directive does not harmonise national rules on limitation and prescription periods. Provisions on limitation and prescription periods in international agreements as implemented in the Member States, for instance in the area of transport law, should not be affected by this Directive.

               (25)

               Member States should encourage the provision of information to the general public on how to contact mediators and organisations providing mediation services. They should also encourage legal practitioners to inform their clients of the possibility of mediation.

               (26)

               In accordance with point 34 of the Interinstitutional agreement on better law-making (6), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.

               (27)

               This Directive seeks to promote the fundamental rights, and takes into account the principles, recognised in particular by the Charter of Fundamental Rights of the European Union.

               (28)

               Since the objective of this Directive cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

               (29)

               In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom and Ireland have given notice of their wish to take part in the adoption and application of this Directive.

               (30)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Directive and is not bound by it or subject to its application,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Objective and scope
   1.   The objective of this Directive is to facilitate access to alternative dispute resolution and to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a balanced relationship between mediation and judicial proceedings.
   2.   This Directive shall apply, in cross-border disputes, to civil and commercial matters except as regards rights and obligations which are not at the parties’ disposal under the relevant applicable law. It shall not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii).
   3.   In this Directive, the term ‘Member State’ shall mean Member States with the exception of Denmark.
   Article 2
   Cross-border disputes
   1.   For the purposes of this Directive a cross-border dispute shall be one in which at least one of the parties is domiciled or habitually resident in a Member State other than that of any other party on the date on which:

               (a)

               the parties agree to use mediation after the dispute has arisen;

               (b)

               mediation is ordered by a court;

               (c)

               an obligation to use mediation arises under national law; or

               (d)

               for the purposes of Article 5 an invitation is made to the parties.

         2.   Notwithstanding paragraph 1, for the purposes of Articles 7 and 8 a cross-border dispute shall also be one in which judicial proceedings or arbitration following mediation between the parties are initiated in a Member State other than that in which the parties were domiciled or habitually resident on the date referred to in paragraph 1(a), (b) or (c).
   3.   For the purposes of paragraphs 1 and 2, domicile shall be determined in accordance with Articles 59 and 60 of Regulation (EC) No 44/2001.
   Article 3
   Definitions
   For the purposes of this Directive the following definitions shall apply:

               (a)

               ‘Mediation’ means a structured process, however named or referred to, whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a mediator. This process may be initiated by the parties or suggested or ordered by a court or prescribed by the law of a Member State.
               It includes mediation conducted by a judge who is not responsible for any judicial proceedings concerning the dispute in question. It excludes attempts made by the court or the judge seised to settle a dispute in the course of judicial proceedings concerning the dispute in question.

               (b)

               ‘Mediator’ means any third person who is asked to conduct a mediation in an effective, impartial and competent way, regardless of the denomination or profession of that third person in the Member State concerned and of the way in which the third person has been appointed or requested to conduct the mediation.

         Article 4
   Ensuring the quality of mediation
   1.   Member States shall encourage, by any means which they consider appropriate, the development of, and adherence to, voluntary codes of conduct by mediators and organisations providing mediation services, as well as other effective quality control mechanisms concerning the provision of mediation services.
   2.   Member States shall encourage the initial and further training of mediators in order to ensure that the mediation is conducted in an effective, impartial and competent way in relation to the parties.
   Article 5
   Recourse to mediation
   1.   A court before which an action is brought may, when appropriate and having regard to all the circumstances of the case, invite the parties to use mediation in order to settle the dispute. The court may also invite the parties to attend an information session on the use of mediation if such sessions are held and are easily available.
   2.   This Directive is without prejudice to national legislation making the use of mediation compulsory or subject to incentives or sanctions, whether before or after judicial proceedings have started, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system.
   Article 6
   Enforceability of agreements resulting from mediation
   1.   Member States shall ensure that it is possible for the parties, or for one of them with the explicit consent of the others, to request that the content of a written agreement resulting from mediation be made enforceable. The content of such an agreement shall be made enforceable unless, in the case in question, either the content of that agreement is contrary to the law of the Member State where the request is made or the law of that Member State does not provide for its enforceability.
   2.   The content of the agreement may be made enforceable by a court or other competent authority in a judgment or decision or in an authentic instrument in accordance with the law of the Member State where the request is made.
   3.   Member States shall inform the Commission of the courts or other authorities competent to receive requests in accordance with paragraphs 1 and 2.
   4.   Nothing in this Article shall affect the rules applicable to the recognition and enforcement in another Member State of an agreement made enforceable in accordance with paragraph 1.
   Article 7
   Confidentiality of mediation
   1.   Given that mediation is intended to take place in a manner which respects confidentiality, Member States shall ensure that, unless the parties agree otherwise, neither mediators nor those involved in the administration of the mediation process shall be compelled to give evidence in civil and commercial judicial proceedings or arbitration regarding information arising out of or in connection with a mediation process, except:

               (a)

               where this is necessary for overriding considerations of public policy of the Member State concerned, in particular when required to ensure the protection of the best interests of children or to prevent harm to the physical or psychological integrity of a person; or

               (b)

               where disclosure of the content of the agreement resulting from mediation is necessary in order to implement or enforce that agreement.

         2.   Nothing in paragraph 1 shall preclude Member States from enacting stricter measures to protect the confidentiality of mediation.
   Article 8
   Effect of mediation on limitation and prescription periods
   1.   Member States shall ensure that parties who choose mediation in an attempt to settle a dispute are not subsequently prevented from initiating judicial proceedings or arbitration in relation to that dispute by the expiry of limitation or prescription periods during the mediation process.
   2.   Paragraph 1 shall be without prejudice to provisions on limitation or prescription periods in international agreements to which Member States are party.
   Article 9
   Information for the general public
   Member States shall encourage, by any means which they consider appropriate, the availability to the general public, in particular on the Internet, of information on how to contact mediators and organisations providing mediation services.
   Article 10
   Information on competent courts and authorities
   The Commission shall make publicly available, by any appropriate means, information on the competent courts or authorities communicated by the Member States pursuant to Article 6(3).
   Article 11
   Review
   Not later than 21 May 2016, the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Directive. The report shall consider the development of mediation throughout the European Union and the impact of this Directive in the Member States. If necessary, the report shall be accompanied by proposals to adapt this Directive.
   Article 12
   Transposition
   1.   Member States shall bring into force the laws, regulations, and administrative provisions necessary to comply with this Directive before 21 May 2011, with the exception of Article 10, for which the date of compliance shall be 21 November 2010 at the latest. They shall forthwith inform the Commission thereof.
   When they are adopted by Member States, these measures shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 13
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 14
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 21 May 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LENARČIČ

      (1)  OJ C 286, 17.11.2005, p. 1.

      (2)  Opinion of the European Parliament of 29 March 2007 (OJ C 27 E, 31.1.2008, p. 129). Council Common Position of 28 February 2008 (not yet published in the Official Journal) and Position of the European Parliament of 23 April 2008 (not yet published in the Official Journal).

      (3)  Commission Recommendation 2001/310/EC of 4 April 2001 on the principles for out-of-court bodies involved in the consensual resolution of consumer disputes (OJ L 109, 19.4.2001, p. 56).

      (4)  OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

      (5)  OJ L 338, 23.12.2003, p. 1. Regulation as amended by Regulation (EC) No 2116/2004 (OJ L 367, 14.12.2004, p. 1).

      (6)  OJ C 321, 31.12.2003, p. 1.


Avis juridique important

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31980L1177

Council Directive 80/1177/EEC of 4 December 1980 on statistical returns in respect of carriage of goods by rail, as part of regional statistics

Official Journal L 350 , 23/12/1980 P. 0023 - 0040 Finnish special edition: Chapter 7 Volume 2 P. 0151  Greek special edition: Chapter 16 Volume 2 P. 0027  Swedish special edition: Chapter 7 Volume 2 P. 0151  Spanish special edition: Chapter 07 Volume 2 P. 0237  Portuguese special edition Chapter 07 Volume 2 P. 0237

COUNCIL DIRECTIVE  of 4 December 1980  on statistical returns in respect of carriage of goods by rail, as part of regional statistics  (80/1177/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 draft Directive submitted by the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas, in order to carry out the tasks entrusted to it under the Treaty, the Commission must have at its disposal consistent, synchronized and regular statistical data on the scale and development of the carriage of goods by rail in the Member States ; whereas these data must be comparable both as between States and also with the data for other modes of transport and must refer to national, international and transit traffic;  Whereas, in view of the economic and environmental advantages of combined transport, the statistical data should distinguish separately such transport;  Whereas, in order to secure adequate information on the rail freight traffic market, such statistical data should distinguish between the main traffic relations;  Whereas the statistics already available in the different Member States on goods carriage should be further harmonized at Community level;  Whereas, in order to facilitate the implementation of the proposed provisions, certain time limits should be laid down for providing the necessary statistical information;  Whereas the Commission should submit a report in order to enable the Council to examine the extent to which the objectives of this Directive can be attained by using the statistical data submitted ; whereas it should therefore envisage the possibility of proposing improvements to the methods used in compiling these statistics ; whereas the Council, acting on a proposal from the Commission, should decide on the introduction of statistics on international traffic between regions and separate statistics on full train loads;  Whereas statistical data are necessary for ascertaining the scale and development of the carriage of goods ; whereas the Community should therefore, for an initial period, make a financial contribution to Member States in respect of the work involved,  (1)OJ No C 85, 8.4.1980, p. 75. (2)OJ No C 300, 18.11.1980, p. 3.   HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Member States shall compile statistics on the carriage of goods on the main railway networks in their territory open to public traffic.  2. For the purpose of this Directive, the following terms shall have the meanings hereinafter assigned to them:    (a) main railway networks ; all the railway lines and installations operated by the following administrations:  SNCB/NMBS : Société nationale des Chemins de fer belges/Nationale Maatschappij der Belgische Spoorwegen, Belgium;  DSB : Danske Statsbaner, Denmark;  DB : Deutsche Bundesbahn, Federal Republic of Germany; >PIC FILE= "T0014063">   SNCF : Société nationale des Chemins de fer français, France;  CIE : Coras Iompair Eireann, Ireland;  FS : Azienda Autonoma delle Ferrovie delle Stato, Italy;  CFL : Sociéte nationale des Chemins de fer luxembourgeois, Luxembourg;  NS : Naamloze Vennootschap Nederlandsche Spoorwegen, Netherlands;  BR : British Railways Board, United Kingdom;  NIR : Northern Ireland Railway Company, United Kingdom.       (b) Carriage of goods by rail ; the movement of goods using railway vehicles between the place of loading and the place of unloading.         3. This Directive shall also apply to the carriage of goods in railway vehicles which cover part of the journey by ferry.  4. This Directive shall not apply to the carriage of goods by rail:    - as service traffic for non-commercial purposes;       - as passenger-accompanied luggage or cars;       - as mail on behalf of postal administrations.         5. The first statistics shall be compiled from 1 January 1982.   Article 2 1. The following particulars shall be recorded in respect of the carriage of goods on the main railway networks:    (a) the weight of the goods in tonnes;       (b) the main traffic links, i.e.:      - national traffic, where the goods are both loaded and unloaded within the same reporting Member State, irrespective of the route followed by the railway vehicle;           - international traffic, where the goods are either loaded or unloaded, but not both, in the reporting Member State, distinguishing between goods loaded and goods unloaded;           - transit traffic, where the goods pass through the reporting Member State without being loaded, unloaded or transhipped;                  (c) the type of consignment:      - full wagon or full train load : consignment of goods, including bulk consignment of smalls, for which the exclusive use of a wagon or train is charged, whether or not the load capacity is fully used;           - smalls : other consignments of goods, including express and other parcels;                  (d) in respect of full wagon or full train loads:      - the nature of the goods according to the groups shown in the left hand column of Annex I;           - for national traffic, the national regions of loading and unloading in accordance with the geographical classification given in Annex II;           - for international and transit traffic, the countries of loading and unloading, as listed in Annex III;                  (e) the distance, in kilometres, covered on the main national railway networks.         2. The following additional particulars shall be established (on the basis of estimates where appropriate) in respect of combined transport on the main railway networks:    (a) large containers, 6 71 m (20 feet) or more in external length:      - the gross weight of the container and of the goods carried;            - the number of containers empty and loaded;                  (b) road/rail carriage : lorries, trailers, semi-trailers (with or without tractor unit) and swop bodies:      - the gross weight of goods transported, including the weight of the road vehicles,           - the number of railway wagons loaded.                     Article 3 1. With the exception of information subject to statistical secrecy under national laws, the Member States shall communicate the statistical results to the Commission as soon as possible, and not later than four months after the end of the reference period involved. However, in the case of tables 1b, 5b, 6b and 7 in Annex IV the time limit shall be extended to eight months.  2. The results shall be submitted using tables modelled on the specimens set out in Annex IV.  3. Results which are processed by computer may be submitted in a machine-readable form of a type and format to be determined by the Commission in consultation with the Member States concerned.   Article 4 1. The Member States shall submit to the Commission, before 31 December 1981, a detailed description of the methods to be used for compiling the statistics with regard to the processing of data and the calculation of the figures for tonne-kilometres.  2. The Commission, in collaboration with the Member States, shall examine the methodological and technical problems involved in the compiling of the statistics in order to find solutions which make the data as consistent and comparable as possible.   Article 5 1. The Commission shall publish the appropriate statistical results.  2. Before 1 January 1985, the Commission shall submit to the Council a report on the experience acquired in the work carried out pursuant to this Directive, and shall propose any improvements necessary.  3. Within two years of the entry into force of this Directive, the Council, acting on a proposal from the Commission, shall decide on the introduction of statistics in respect of international traffic between regions and separate statistics on full train loads.   Article 6 For the first three years in which the statistical returns provided for in this Directive are made, a financial contribution towards the expenditure incurred by the Member States shall be granted to them within the limit of the appropriations set aside for this purpose under the budget of the European Communities.   Article 7 The Member States shall take the measures necessary to comply with this Directive not later than 1 January 1982.   Article 8 This Directive is addressed to the Member States.     Done at Brussels, 4 December 1980.  For the Council  The president  J. BARTHEL     ANNEX I >PIC FILE= "T0014064"> ANNEX II GEOGRAPHICAL CLASSIFICATION OF REGIONS  Belgium  Vlaams gewest, excluding Antwerpen  Antwerpen  Région wallonne  Brussels gewest/Région bruxelloise  Denmark  Danmark  Federal Republic of Germany  Schleswig-Holstein  Hamburg  Nordostteil von Niedersachsen  Westteil von Niedersachsen  Südostteil von Niedersachsen  Bremen (Land)  Nordteil von Nordrhein-Westfalen  Ruhrgebiet  Südwestteil von Nordrhein-Westfalen  Ostteil von Nordrhein-Westfalen (Sieger-Sauerland und Ostteil von Westfalen)  Nordteil von Hessen  Südteil von Hessen  Nordteil von Rheinland-Pfalz  Südteil von Rheinland-Pfalz  Nordbaden  Südbaden  Württemberg  Nordbayern (Franken)  Ostbayern (Oberpfalz und Niederbayern)  Südbayern (Schwaben und Oberbayern)  Saarland  Berlin (West)  Greece  >PIC FILE= "T0014065">   France  Île-de-France  Champagne-Ardennes  Picardie  Haute-Normandie  Centre  Basse-Normandie  Bourgogne  Nord-Pas-de-Calais  Lorraine  Alsace  Franche-Comté  Pays de la Loire  Bretagne  Poitou-Charentes  Aquitaine  Midi-Pyrénées  Limousin  Rhône-Alpes  Auvergne  Languedoc-Roussillon  Provence-Alpes-Côte d'Azur  Corse  Ireland  Ireland  Italy  Piemonte  Valle d'Aosta  Liguria  Lombardia  Trentino-Alto Adige  Veneto  Friuli-Venezia Giulia  Emilia-Romagna  Toscana  Umbria  Marche  Lazio  Campania  Abruzzi  Molise  Puglia  Basilicata  Calabria  Sicilia  Sardegna  Luxembourg  Luxembourg  Netherlands  Noord  West, except Rijnmond und IJmond  Rijnmond  IJmond  Zuidwest  Zuid  Oost  United Kingdom  North  Yorkshire and Humberside  East Midlands  East Anglia  South East  South West  West Midlands  North West  Wales  Scotland  Northern Ireland    ANNEX III LIST OF COUNTRIES AND GROUPS OF COUNTRIES  I. European Communities      01. Belgium       02. Denmark       03. Federal Republic of Germany       04. Greece       05. France       06. Ireland       07. Italy       08. Luxembourg       09. Netherlands       10. United Kingdom         II. Non-member States     11.  Switzerland 12.  Austria 13. Yugoslavia 14. Turkey 15. Spain 16. Portugal 17. Norway 18. Sweden 19. Finland 20. USSR 21. German Democratic Republic 22. Poland 23. Czechoslovakia 24. Hungary 25. Romania 26. Bulgaria 27. Near and Middle Eastern countries 28. Other countries    ANNEX IV SPECIMEN TABLES  TABLE 1a  >PIC FILE= "T0014066">    TABLE 1b  >PIC FILE= "T0014067">    TABLE 2  >PIC FILE= "T0014068">    TABLE 3  >PIC FILE= "T0014069">    TABLE 4a  >PIC FILE= "T0014070">    TABLE 4b  >PIC FILE= "T0014071">    TABLE 5a  >PIC FILE= "T0014072">    TABLE 5b  >PIC FILE= "T0014073">    TABLE 6a>PIC FILE= "T0014074">    TABLE 6b  >PIC FILE= "T0014075">    TABLE 7  >PIC FILE= "T0014076">    TABLE 8  >PIC FILE= "T0014077">


Commission Directive 65/401/EEC of 28 July 1965 setting the timetable for the phasing-out of the tax levied by the Italian Republic upon issue of import licences for certain products from the other Member States


Avis juridique important

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31986L0280

Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC

Official Journal L 181 , 04/07/1986 P. 0016 - 0027 Finnish special edition: Chapter 15 Volume 7 P. 0134  Swedish special edition: Chapter 15 Volume 7 P. 0134

COUNCIL DIRECTIVE of 12 June 1986 on limit values and quality objectives for  discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC  (86/280/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular  Articles 100 and 235 thereof, Having regard to Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain  dangerous substances discharged into the aquatic environment of the Community(1), and in particular  Article 6 thereof, Having regard to the proposal from the Commission(2), Having regard to the opinion of the European Parliament(3), Having regard to the opinion of the Economic and Social Committee(4), Whereas, in order to protect the aquatic environment of the Community against pollution by certain  dangerous substances, Article 3 of Directive 76/464/EEC introduces a system of prior authorization  laying down emission standards for discharges of the substances in List I in the Annex thereto;  whereas Article 6 of the said Directive provides that limit values shall be laid down for such  emission standards and also quality objectives for the aquatic environment affected by discharges  of these substances; Whereas Member States are required to apply the limit values except in cases where they may employ  quality objectives; Whereas the dangerous substances covered by this Directive have been chosen mainly on the basis of  the criteria adopted in Directive 76/464/EEC; Whereas, since pollution due to the discharge of these substances into the aquatic environment is  caused by a large number of industries, it is necessary to lay down specific limit values for  discharges according to the type of industry concerned and to lay down quality objectives for the  aquatic environment into which these substances are discharged; Whereas the purpose of the limit values and quality objectives is to eliminate pollution of the  various parts of the aquatic environment which might be affected by discharges of these  substances; Whereas such limit values and quality objectives must be laid down for this purpose and not with  the intention of establishing rules pertaining to consumer protection or to the marketing of  products from the aquatic environment; Whereas, to enable Member States to demonstrate that the quality objectives are being met,  provision should be made for reports to the Commission for each quality objective chosen and  applied; Whereas Member States should seek to ensure that the measures taken pursuant to this Directive do  not have the effect of increasing soil or air pollution; Whereas, moreover, for the purposes of effective implementation of this Directive, provision should  be made for the monitoring by the Member States of the aquatic environment affected by discharges  of the substances in question; whereas the powers to introduce such monitoring are not provided by  Directive 76/464/EEC; whereas, since the specific powers have not been provided for in the Treaty,  recourse should be had to Article 235 thereof; Whereas, in the case of certain significant sources of pollution by these substances other than  sources subject to Community limit values or national emission standards, specific programmes  should be devised to eliminate the pollution; whereas the necessary powers to that effect have not  been provided by Directive 76/464/EEC; whereas, since the specific powers have not been provided  for in the EEC Treaty, recourse should be had to Article 235 thereof; Whereas ground water can be excluded from the scope of this Directive since it is the subject of  Directive 80/68/EEC(5); Whereas, for the purposes of effective implementation of this Directive, it is important that the  Commission should forward to the Council, every five years, a comparative assessment of its  implementation by the Member States; Whereas this Directive will have to be amended and supplemented, on proposals from the Commission,  in line with developments in scientific knowledge relating principally to the toxicity, persistence  and accumulation of the substances referred to in living organisms and sediments, or in the event  of an improvement in the best technical means available; whereas it is necessary, for that purpose,  to provide for additions to this Directive, relating to measures in respect of other dangerous  substances, and for amendments to the content of the Annexes, HAS ADOPTED THIS DIRECTIVE: Article 1 1.  This Directive: -lays down, pursuant ot Article 6 (1) of Directive 76/464/EEC, limit values for emission standards  for the substances referred to in Article 2 (a) in discharges from industrial plants as defined in  Article 2 (e) of this Directive, -lays down, pursuant to Article 6 (2) of Directive 76/464/EEC, quality objectives for the  substances referred to in Article 2 (a) of this Directive in the aquatic environment, -lays down, pursuant to Article 6 (4) of Directive 76/464/EEC, the time limits for compliance with  the conditions specified in the authorizations granted by the competent authorities of Member  States in respect of existing discharges, -lays down, pursuant to Article 12 (1) of Directive 76/464/EEC, the reference methods of  measurement enabling the content of the substances referred to in Article 2 (a) of this Directive  in discharges and in the aquatic environment to be determined, -establishes, pursuant to Article 6 (3) of Directive 76/464/EEC, a monitoring procedure, -requires Member States to cooperate with one another in the case of discharges affecting the  waters of more than one Member State, -requires Member States to draw up programmes to avoid or eliminate pollution arising from the  sources referred to in Article 5, -lays down in Annex I a set of general provisions applicable to all the substances referred to in  Article 2 (a) and relating, in particular, to limit values for emission standards (heading A),  quality objectives (heading B) and reference methods of measurement (heading C), -lays down in Annex II a set of specific provisions which amplify and supplement those headings in  respect of individual substances. 2.  This Directive applies to the waters referred to in Article 1 of Directive 76/464/EEC, with the  exception of ground water. Article 2 For the purposes of this Directive: (a)'substances' means: those dangerous substances, belonging to the families and groups of substances appearing in List I  in the Annex to Directive 76/464/EEC, which are specified in Annex II to this Directive; (b)'limit values' means: the values specified in Annex II, under heading A, in respect of the substances referred to in  (a); (c)'quality objectives' means: the requirements specified in Annex II, under heading B, in respect of the substances referred to  in (a); (d)'handling of substances' means: any industrial process involving the production, the processing or use of the substances referred  to in (a), or any other industrial process in which the presence of such substances is inherent; (e)'industrial plant' means: a plant at which the substances referred to in (a), or any other substances containing them, are  handled; (f)'existing plant' means: an industrial plant which is operational at a date 12 months after the date of notification of this  Directive or, where applicable, at a date 12 months after the date of notification of any Directive  amending it that relates to such plant; (g)'new plant' means: -an industrial plant which becomes operational later than 12 months after the date of notification  of this Directive or, where applicable, later than 12 months after the date of notification of any Directive amending it that relates to such plant, -an existing industrial plant whose capacity for handling the substances is substantially increased  later than 12 months after the date of notification of this Directive or, where applicable, later  than 12 months after the date of notification of any Directive amending it that relates to such  plant. Article 3 1.  The limit values, the time limits for compliance therewith and the procedures for  monitoring discharges are laid down in the Annexes, under heading A. 2.  The limit values shall normally apply at the point where waste waters containing the substances  referred to in Article 2 (a) leave the industrial plant. Should it be considered necessary in the case of certain substances to lay down other points where  the limit values shall apply, these points shall be listed in Annex II. When waste waters containing these substances are treated outside the industrial plant at a  treatment plant intended for their removal, the Member State may permit the limit values to be  applied at the point where the waste waters leave the treatment plant. 3.  The authorizations referred to in Article 3 of Directive 76/464/EEC must contain provisions as  stringent as those set out under heading A in the Annexes to this Directive, except where a Member  State is complying with Article 6 (3) of Directive 76/464/EEC on the basis of heading B in the  Annexes to this Directive. Authorizations shall be reviewed at least every four years. 4.  Without prejudice to their obligations arising from paragraphs 1, 2 and 3 and to Directive  76/464/EEC, Member States may grant authorizations for new plants only if those plants apply the  standards corresponding to the best technical means available when that is necessary for the  elimination of pollution in accordance with Article 2 of the said Directive or for the prevention of distortions of competition. Whatever method it adopts, the Member State concerned shall, where for technical reasons the  measures envisaged do not correspond to the best technical means available, provide the Commission,  before any authorization, with evidence in support of those reasons. The Commission shall immediately forward such evidence to the other Member States and shall send  all Member States a report, at the earliest opportunity, giving its opinion on the derogation  referred to in the second subparagraph. If necessary, it shall at the same time submit appropriate  proposals to the Council. 5.  The reference method of analysis to be used in determining the presence of the substances  referred to in Article 2 (a) is given under heading C in Annex II. Other methods may be used  provided that the limits of detection, precision and accuracy of such methods are at least as good  as those laid down under heading C in Annex II. 6.  Member States shall seek to ensure that the measures taken pursuant to this Directive do not  result in an increase in the pollution of other media, notably soil and air, by these substances. Article 4 The Member States concerned shall be responsible for monitoring the aquatic environment  affected by discharges from industrial establishments and by other sources of significant  discharges. In the case of discharges affecting the waters of more than one Member State, the Member States  concerned shall cooperate with a view to harmonizing monitoring procedures. Article 5 1.  As regards substances to which specific reference is made in Annex II, the Member  States shall draw up specific programmes to avoid or eliminate pollution from significant sources  of these substances (including multiple and diffuse sources) other than sources of discharges  subject to Community limit value rules or national emission standards. 2.  The programmes shall include the most appropriate measures and techniques for the replacement,  retention and/or recycling of the substances referred to in para- graph 1. 3.  The specific programmes must be implemented not later than five years after the date of  notification of the Directive which relates specifically to the substance concerned. Article 6 1.  The Commission shall make a comparative assessment of the implementation of this  Directive by Member States on the basis of information supplied to it by them pursuant to Article  13 of Directive 76/464/EEC at its request, which it must submit case by case. The information  concerned shall, in particular, comprise: -details of authorizations laying down emission standards for discharges of the substances, -the inventory of the substances discharged into the waters referred to in Article 1 (2), -compliance with either the limit values or the quality objectives set out under headings A and B  of Annex II, -the results of the monitoring referred to in Article 4 of the area of the aquatic environment  which is affected by discharges, -the specific elimination programmes referred to in Article 5. 2.  The Commission shall forward the comparative assessment referred to in paragraph 1 to the  Council every five years, and for the first time four years after notification of this Directive. 3.  Should there be a change in scientific knowledge relating principally to the toxicity,  persistence and accumulation of the substances referred to in Article 2 (a) in living organisms and  sediments, or in the event of an improvement in the best technical means available, the Commission  shall submit appropriate proposals to the Council with the aim of making the limit values and the  quality objectives more stringent, if appropriate, or of establishing new limit values and  additional quality objectives. Article 7 1.  Member States shall bring into force the measures necessary to comply with this  Directive by 1 January 1988. They shall forthwith inform the Commission thereof. 2.  Member States shall communicate to the Commission, immediately after adoption, the texts of the  provisions of national law which they adopt in the field governed by this Directive. Article 8 This Directive is addressed to the Member States. Done at Luxembourg, 12 June 1986. For the CouncilThe PresidentP. WINSEMIUS (1)OJ N° L 129, 18. 5. 1976, p. 23.  (2)OJ N° C 70, 18. 3. 1985, p. 15.  (3)OJ N° C 120, 20. 5. 1986.  (4)OJ N° C 188, 29. 7. 1985, p. 19.  (5)OJ N° L 20, 26. 1. 1980, p. 43.   ANNEX IGENERAL PROVISIONS This Annex is divided into three headings which set out the general provisions applicable to all  the substances concerned: -A: limit values for emission standards, -B: quality objectives, -C: reference methods of measurement. The general provisions are amplified and supplemented in Annex II by a series of specific  provisions applicable to individual substances. HEADING A Limit values, dates set for compliance therewith and procedures for monitoring discharges 1.The limit values and the dates set for compliance therewith are set out in Annex II, under  heading A, in respect of the different types of industrial plant concerned. 2.The quantities of substances discharged are expressed in terms of the quantity of substances  produced, processed or used by the industrial plant during the same period or, in accordance with  Article 6 (1) of Directive 76/464/EEC, of another parameter characteristic of that activity. 3.Limit values for industrial plants which discharge substances referred to in Article 2 (a) and  which are not mentioned under heading A in Annex II will, where necessary, be determined by the  Council at a later stage. Meanwhile, the Member States will independently set, in accordance with  Directive 76/464/EEC, emission standards for discharges of such substances. Such standards must  take into account the best technical means available and must not be less stringent than the most nearly comparable limit value set out  under heading A in Annex II. This paragraph will also apply where an industrial plant has activities other than those for which  limit values have been set under heading A in Annex II and which are likely to be a source of  discharges of the substances referred to in Article 2 (a). 4.Limit values expressed as concentrations which, in principle, must not be exceeded are given in  Annex II under heading A, in respect of the industrial plants concerned. In no instance may limit  values expressed as maximum concentrations, when they are not the only values applicable, be  greater than limit values expressed by weight divided by water requirements per element  characteristic of the polluting activity. However, because the concentration of these substances in  effluents depends on the volume of water involved, which varies for different processes and plants,  the limit values expressed in terms of the weight of the substances discharged in relation to the  parameters characteristic of the activity given under heading A in Annex II, must be complied with  in all cases. 5.A monitoring procedure must be instituted to check whether the discharges of the substances  referred to in Article 2 (a) comply with the emission standards. This procedure must provide for the taking and analysis of samples and for measurement of the flow  of the discharge and the quantity of substances handled or, where appropriate, measurement of the  parameters characteristic of the activity causing pollution as listed in Annex II, heading A. In particular, should the quantity of substances handled be impossible to determine, the monitoring  procedure may be based on the quantity of substances that may be used as a function of the  production capacity on which the authorization was based. 6.A sample representative of the discharge over a period of 24 hours must be taken. The quantity of  substances discharged over one month must be calculated on the basis of the daily quantities of  substances discharged. Annex II may, however, lay down for discharges of certain substances quantitative thresholds below  which the Member States may apply a simplified monitoring procedure. 7.The sampling and flow measurement provided for in paragraph 5 shall normally be effected at the  points of application of the limit values provided for in Article 3 (2). However, where necessary to ensure that the measurements comply with the requirements of heading C  of the Annexes, a Member State may allow the sampling and flow measurement to be effected at  another point before that at which the limit values apply, provided that: -all waters discharged from the plant that may have been polluted by the substance in question are  taken into account by those measurements, -regular checks show that the measurements are fully representative of the quantities discharged at  the points of application of the limit values or are always higher. HEADING B Quality objectives, dates set for compliance therewith and procedure for monitoring compliance with  them 1.For those Member States which opt for the exception provided for in Article 6 (3) of Directive  76/464/EEC, the emission standards which they must establish and apply, pursuant to Article 5 of  that Directive, will be fixed so that the appropriate quality objective or objectives from those  fixed pursuant to paragraphs 2 and 3 below is or are complied with in the area affected by  discharges of the substances referred to in Article 2 (a). The competent authority will determine  the area affected in each case and will select from the quality objectives fixed pursuant to  paragraphs 2 and 3 below the objective or objectives that it deems appropriate having regard to the  intended use of the area affected, while taking account of the fact that the purpose of this  Directive is to eliminate all pollution. 2.With a view to eliminating pollution, as defined in Directive 76/464/EEC, and pursuant to Article  2 of that Directive, the quality objectives and dates set for compliance therewith are set out  under heading B in Annex II. 3.Unless otherwise specified under heading B in Annex II, all the concentrations mentioned as  quality objectives refer to the arithmetic mean of the results obtained over a year. 4.Where more than one quality objective is applied to waters within one area, the quality of the  water must be sufficient to comply with each of those objectives. 5.For each authorization granted pursuant to this Directive, the competent authority will specify  the detailed rules, monitoring procedures and dates for ensuring compliance with the quality  objective or objectives concerned. 6.In accordance with Article 6 (3) of Directive 76/464/EEC, the Member States will, for each  quality objective chosen and applied, report to the Commission on: -the points of discharge and the means of dispersal, -the area in which the quality objective is applied, -the location of sampling points, -the frequency of sampling, -the methods of sampling and measurement, -the results obtained. 7.Samples must be taken at a point sufficiently close to the discharge point to be representative  of the quality of the aquatic environment in the area affected by the discharges, and the frequency  of sampling must be sufficient to show any changes in the aquatic environment, having regard in  particular to natural variations in hydrological conditions. HEADING C Reference methods of measurement and limit of detection 1.The definitions given in Council Directive 79/869/EEC of 9 October 1979 concerning the methods of  measurement and frequencies of sampling and analysis of surface water intended for the abstraction  of drinking water in the Member States(1) will apply in the context of this Directive. 2.The reference methods of measurement to be used for determining the concentration of the  substances in question and the limit of detection for the environment concerned are set out under heading C in Annex II. 3.The limit of detection, the accuracy and the precision of the method are specified for each  substance under heading C in Annex II. 4.Effluent flow measurements must be carried out to an accuracy of ± 20 %. (1)OJ N° L 271, 29. 10. 1979, p. 44.   ANNEX IISPECIFIC PROVISIONS 1.Relating to carbon tetrachloride 2.Relating to DDT 3.Relating to pentachlorophenol The numbering of the substances listed in this Annex corresponds to the list of 129 substances  contained in the communication from the Commission to the Council of 22 June 1982(1). Should substances be included in future in this Annex which are not set out in the abovementioned  list, they shall be numbered in chronological order of inclusion beginning with N° 130. I. Specific provisions relating to carbon tetrachloride (N° 13)(1) CAS N° 56-23-5(2) >TABLE>>TABLE> Heading C (13): Reference method of measurement 1.The reference method of measurement to be used for determining the presence of carbon  tetrachloride in effluents and water is gas chromatography. A sensitive detector must be used when concentration levels are below 0,5 mg/l and in this case the  determination limit(1) is 0,1 ìg/l. For concentration levels higher than 0,5 mg/l a determination  limit(1) of 0,1 mg/l is acceptable. 2.The accuracy and precision of the method must be ± 50 % at a concentration which represents twice  the value of the determination limit(1). II. Specific provisions relating to DDT (N° 46)(1) (2) CAS N° 50-29-3(3) STANDSTILL:The concentration of DDT in the aquatic environment, sediments and/or molluscs and/or  shellfish and/or fish must not increase significantly with time. >TABLE>>TABLE> Heading C (46): Reference method of measurement 1.The reference method of measurement to be used for determining DDT in effluents and the aquatic  environment is gas chromatography with electron capture detection after extraction by means of an  appropriate solvent. The limit of determination(1) for total DDT is approximately 4 ìg/l for the  aquatic environment and 1 ìg/l for effluents, depending on the number of extraneous substances  present in the sample. 2.The reference method to be used for determining DDT in sediments and organisms is gas  chromatography with electron capture detection after appropriate preparation of samples. The limit  of determination(1) is 1 ìg/kg. 3.The accuracy and precision of the method must be ± 50 % at a concentration which represents twice  the value of the limit of determination(1). III. Specific provisions relating to pentachlorophenol (N° 102)(1) (2) CAS N° 87-86-5(3) STANDSTILL:The concentration of PCP in sediments and/or molluscs and/or shellfish and/or fish must  not increase significantly with time. >TABLE>>TABLE> Heading C (102): Reference method of measurement 1.The reference method of measurement to be used for determining pentachlorophenol in effluents and  the aquatic environment is high-pressure liquid chromatography or gas chromatography with  electron-capture detection after extraction by means of an appropriate solvent. The limit of  determination(1) is 2 ìg/l for effluents and 0,1 ìg/l for the aquatic environment. 2.The reference method to be used for determining pentachlorophenol in sediments and organisms is  high-pressure liquid chromatography or gas chromatography with electroncapture detection after  appropriate preparation of samples. The limit of determination(1) is 1 mg/kg. 3.The accuracy and precision of the method must be ± 50 % at a concentration which represents twice  the value of the limit of determination(1). (1)OJ N° C 176, 14. 7. 1982, p. 3.  (1)Article 5 applies in particular to use of carbon tetrachloride in industrial laundries.  (2)CAS (Chemical Abstract Service) number.  (1)The 'determination limit' xg of a given substance is the smallest quantity, quantitatively  determinable in a sample on the basis of a given working method, which can still be distinguished  from zero.  (1)The sum of the isomers 1,1,1-trichloro-2,2 bis (p-chlorophenyl) ethane; 1,1,1-trichloro-2 (o-chlorophenyl) -2- (p-chlorophenyl) ethane; 1,1,1-dichloro-2,2 bis (p-chlorophenyl) ethylene; and 1,1,1-dichloro-2,2 bis (p-chlorophenyl) ethane.  (2)Article 5 applies to DDT if sources other than those mentioned in this Annex are identified.  (3)CAS (Chemical Abstract Service) number.  (1)The 'limit of determination' xg of a given substance is the smallest quantity, quantitatively  determinable in a sample on the basis of a given working method, which can still be distinguished  from zero.  (1)The chemical compound 2,3,4,5,6-Pentachloro-1-hydroxybenzene and its salts.  (2)Article 5 applies to pentachlorophenol, and particularly to its use for treating wood.  (3)CAS (Chemical Abstract Service) number.  (1)The 'limit of determination' xg of a given substance is the smallest quantity, quantitatively  determinable in a sample on the basis of a given working method, which can still be distinguished  from zero.


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31984L0467

Council Directive 84/467/Euratom of 3 September 1984 amending Directive 80/836/Euratom as regards the basic safety standards for the health protection of the general public and workers against the dangers of ionizing radiation

Official Journal L 265 , 05/10/1984 P. 0004 - 0156 Finnish special edition: Chapter 15 Volume 6 P. 0006  Spanish special edition: Chapter 12 Volume 4 P. 0125  Swedish special edition: Chapter 15 Volume 6 P. 0006  Portuguese special edition Chapter 12 Volume 4 P. 0125

COUNCIL DIRECTIVE of 3 September 1984 amending Directive 80/836/Euratom as regards the basic safety standards for the health protection of the general public and workers against the dangers of ionizing radiation (84/467/Euratom)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 31 and 32 thereof,  Having regard to the proposal from the Commission, drawn up after obtaining the opinion of a group of persons appointed by the Scientific and Technical Committee from among scientific experts in the Member States,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the Treaty establishing the European Atomic Energy Community prescribes that the basic standards for the protection of the health of the general public and workers against the dangers arising from ionizing radiation, as provided for in particular in Article 30 thereof, must be laid down in order to enable each Member State, in accordance with Article 33, to lay down by legislation, regulation or administrative action the appropriate provisions to ensure compliance with the basic standards, to take the necessary measures with regard to teaching, education and vocational training and to lay down such provisions in harmony with the provisions applicable in this field in the other Member States;  Whereas on 2 February 1959 the Council adopted Directives laying down such basic standards (3), which were last amended by Directive 80/836/Euratom (4);  Whereas the advantage of some review of Annexes I and III to Directive 80/836/Euratom has become apparent in the light of the development of scientific knowledge concerning radiation protection;  Whereas the protection of the health of workers and the general public requires that any activity involving danger arising from ionizing radiation must be made subject to regulation;  Whereas the basic standards must be adapted to the conditions under which nuclear energy is used ; whereas these standards vary according to whether they are concerned with the individual safety of workers exposed to ionizing radiation or with the protection of the general public;  Whereas the values laid down in Annexes I and III to Directive 80/836/Euratom take account, only in part, of the latest scientific knowledge available;  Whereas in order to establish some of these values it was necessary provisionally to use values laid down previously in the 1959, 1962 and 1966 Directives for the maximum permissible concentration;  Whereas in 1980 it was not possible to carry out calculations for all radionuclides under consideration;  Whereas, in its opinion of 7 July 1983, the Economic and Social Committee considered it necessary to amend, in Articles 9 and 12 of Directive 80/836/Euratom, the annual dose limits for the lens of the eye, in line with the most recent recommendations of the International Commission on Radiological Protection, a step which involves amending the original values in Annex III for krypton intake limits ; whereas these amendments should be adopted,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 80/836/Euratom is hereby amended as follows:  (1) OJ No C 127, 14.5.1984, p. 120. (2) OJ No C 286, 24.10.1983, p. 15. (3) OJ No 11, 20.2.1959, p. 221/59. (4) OJ No L 246, 17.9.1980, p. 1.     1. in Article 1 (b) (radiological, biological and medical terms), the term "dose effective" in the French text is replaced by the term "dose efficace";       2. Article 6 (a) is replaced by the following:  "(a) the various types of activity resulting in an exposure to ionizing radiation shall have been justified in advance by the advantages which they produce (1);  (1) Account being taken, for medical activities, of Council Directive 84/466/Euratom of 3 September 1984, laying down basic measures relating to the radiation protection of persons undergoing medical examination or treatment (OJ No L 265, 5.10.1984, p. 1).";       3. Article 9 (a) is replaced by the following:  "(a) the effective dose limit mainly used to estimate internal exposure in practice (1) evaluated by the method set out in Annex II, Section E, shall be 50 mSv (5 rems) in a year ; the average dose in each of the organs or tissues involved shall not exceed 500 mSv (50 rems) in a year:  (1) This effective dose limit shall be taken into account in calculating the limits of annual intake set out in Annex III which enable the derived limits of concentration, including in air and water, to be determined.";       4. In Article 9 (b), the first indent is replaced by the following:  "- the dose limit for the lens of the eye shall be 150 mSv (15 rems) in a year,";       5. Article 12 (3) (a) is replaced by the following:  "(a) the effective dose limit mainly used to estimate internal exposure in practice (1), evaluated by the method set out in Annex II, Section E, shall be 5 mSv (0,5 rem) in a year ; the average dose in each of the organs or tissues involved shall not exceed 50 mSv (5 rems) in a year;  (1) This effective dose limit shall be taken into account in calculating the limits of annual intake set out in Annex III which enable the derived limits of concentration, including in air and water, to be determined.";       6. in Article 12 (3) (b), the first indent is replaced by the following:  "- the dose limit for the lens of the eye shall be 15 mSv (1,5 rems) in a year,";       7. Annex I is replaced by Annex I hereto;       8. in Annex II, Section E, first and second lines, the term "dose effective" in the French text is replaced by the term "dose efficace";       9. Annex III is replaced by Annex III hereto.          Article 2 Member States shall take the measures necessary to comply with this Directive within 18 months of its publication.  Member States shall inform the Commission of the provisions which they have adopted pursuant to this Directive.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 3 September 1984.  For the Council  The President  P. BARRY     ANNEX I    1. Values of activities not to be exceeded, in compliance with Article 4 (a), for radionuclides (1): >PIC FILE= "T0026609">        2. The principal radioactive nuclides are classified as follows, according to their relative radiotoxicity: >PIC FILE= "T0026610">   (1) The alphabetical list of elements appears at the end of this Annex.   >PIC FILE= "T0026611">    >PIC FILE= "T0026612">        3. In the case of the nuclides 115In, 144Nd, 87Rb, 187Re and 147Sm the requirement for reporting and obtaining prior authorization may be waived, irrespective of the quantities used.       4. In the case of a mixture of radionuclides other than Th-nat and U-nat belonging to different radiotoxicity groups, the requirements for reporting and obtaining prior authorization may be waived only if the sum of the ratios between the activity of each of the radionuclides and the limit laid down in paragraph 1 for the group to which it belongs is less than or equal to 1.       5. For radioluminescent paint, the requirements for reporting and obtaining prior authorization need not be applied if the overall activity in radioactive substances does not exceed 2 7109 Bq of tritium (5,4 710-2 Ci), 1 7108 Bq of 147Pm (2,7 710-3 Ci) or 5 7105 Bq of 226Ra (1,4 710-5 Ci) and where this paint is kept or used for the manufacture or repair of the instruments and timepieces referred to in Article 4 (c).       6. Radionuclides not included in this Annex shall, where necessary, be assigned to a toxicity group by the competent authority.       7. In the case of gas mantles impregnated with thorium the requirements for reporting and obtaining prior authorization need not be applied except in respect of their manufacture.  >PIC FILE= "T0026762">          >PIC FILE= "T0026613">     ANNEX III  1. Limits of annual intake by inhalation, and derived limits of concentration of radionuclides in the air inhaled for exposed workers, and limits of annual intake by inhalation and ingestion for members of the public  The values in Tables (a) and (b) correspond to the annual dose limits laid down in Articles 8, 9 and 12 for exposed workers and members of the public.  The values relate to adults. In the case of children, account must be taken of anatomical and physiological characteristics which may require corrections to these values.    2. Mixture of radionuclides      (a) If the composition of the mixture is not known but the presence of certain radionuclides can be positively excluded, use shall be made of the lowest limit laid down for the radionuclides that may be present;           (b) if the exact composition of the mixture is not known, but the radionuclides in it have been identified, use shall be made of the lowest limit laid down for the radionuclides present;           (c) if the concentration and toxicity of one radionuclide in the mixture predominate, the limits of annual intakes to be used are those given for the radionuclide concerned in paragraph 1;           (d) when dealing with a radionuclide mixture of known composition, one of the following conditions shall be met: >PIC FILE= "T0026614">   where Ij is the annual intake of radionuclide j and Ij, L is the limit of annual intake of that radionuclide, Cj is the annual average concentration in air of radionuclide j and Cj, L is the derived limit of concentration of that radionuclide in air.         TABLE (a)  >PIC FILE= "T0026615">    >PIC FILE= "T0026616">    >PIC FILE= "T0026617">    >PIC FILE= "T0026618">    >PIC FILE= "T0026619">    >PIC FILE= "T0026620">    >PIC FILE= "T0026621">    >PIC FILE= "T0026622">    >PIC FILE= "T0026623">    >PIC FILE= "T0026624">    >PIC FILE= "T0026625">    >PIC FILE= "T0026626">    >PIC FILE= "T0026627">    >PIC FILE= "T0026628">    >PIC FILE= "T0026629">    >PIC FILE= "T0026630">    >PIC FILE= "T0026631">    >PIC FILE= "T0026632">    >PIC FILE= "T0026633">    >PIC FILE= "T0026634">    >PIC FILE= "T0026635">    >PIC FILE= "T0026636">    >PIC FILE= "T0026637">    >PIC FILE= "T0026638">    >PIC FILE= "T0026639">    >PIC FILE= "T0026640">    >PIC FILE= "T0026641">    >PIC FILE= "T0026642">    >PIC FILE= "T0026643">    >PIC FILE= "T0026644">    >PIC FILE= "T0026645">    >PIC FILE= "T0026646">    >PIC FILE= "T0026647">    >PIC FILE= "T0026648">    >PIC FILE= "T0026649">    >PIC FILE= "T0026650">    >PIC FILE= "T0026651">    >PIC FILE= "T0026652">    >PIC FILE= "T0026653">    >PIC FILE= "T0026654">    >PIC FILE= "T0026655">    >PIC FILE= "T0026656">    >PIC FILE= "T0026657">    >PIC FILE= "T0026658">    >PIC FILE= "T0026659">    >PIC FILE= "T0026660">    >PIC FILE= "T0026661">    >PIC FILE= "T0026662">    >PIC FILE= "T0026663">    >PIC FILE= "T0026664">    >PIC FILE= "T0026665">    >PIC FILE= "T0026666">    >PIC FILE= "T0026667">    >PIC FILE= "T0026668">    >PIC FILE= "T0026669">    >PIC FILE= "T0026670">    >PIC FILE= "T0026671">    >PIC FILE= "T0026672">    >PIC FILE= "T0026673">    >PIC FILE= "T0026674">    >PIC FILE= "T0026675">    >PIC FILE= "T0026676">    >PIC FILE= "T0026677">    >PIC FILE= "T0026678">    >PIC FILE= "T0026679">    >PIC FILE= "T0026680">    >PIC FILE= "T0026681">    >PIC FILE= "T0026682">    >PIC FILE= "T0026683">    >PIC FILE= "T0026684">    TABLE (b)  >PIC FILE= "T0026685">    >PIC FILE= "T0026686">    >PIC FILE= "T0026687">    >PIC FILE= "T0026688">    >PIC FILE= "T0026689">    >PIC FILE= "T0026690">    >PIC FILE= "T0026691">    >PIC FILE= "T0026692">    >PIC FILE= "T0026693">    >PIC FILE= "T0026694">    >PIC FILE= "T0026695">    >PIC FILE= "T0026696">    >PIC FILE= "T0026697">    >PIC FILE= "T0026698">    >PIC FILE= "T0026699">    >PIC FILE= "T0026700">    >PIC FILE= "T0026701">    >PIC FILE= "T0026702">    >PIC FILE= "T0026703">    >PIC FILE= "T0026704">    >PIC FILE= "T0026705">    >PIC FILE= "T0026706">    >PIC FILE= "T0026707">    >PIC FILE= "T0026708">    >PIC FILE= "T0026709">    >PIC FILE= "T0026710">    >PIC FILE= "T0026711">    >PIC FILE= "T0026712">    >PIC FILE= "T0026713">    >PIC FILE= "T0026714">    >PIC FILE= "T0026715">    >PIC FILE= "T0026716">    >PIC FILE= "T0026717">    >PIC FILE= "T0026718">    >PIC FILE= "T0026719">    >PIC FILE= "T0026720">    >PIC FILE= "T0026721">    >PIC FILE= "T0026722">    >PIC FILE= "T0026723">    >PIC FILE= "T0026724">    >PIC FILE= "T0026725">    >PIC FILE= "T0026726">    >PIC FILE= "T0026727">    >PIC FILE= "T0026728">    >PIC FILE= "T0026729">    >PIC FILE= "T0026730">    >PIC FILE= "T0026731">    >PIC FILE= "T0026732">    >PIC FILE= "T0026733">    >PIC FILE= "T0026734">    >PIC FILE= "T0026735">    >PIC FILE= "T0026736">    >PIC FILE= "T0026737">    >PIC FILE= "T0026738">    >PIC FILE= "T0026739">    >PIC FILE= "T0026740">    >PIC FILE= "T0026741">    >PIC FILE= "T0026742">    >PIC FILE= "T0026743">    >PIC FILE= "T0026744">    >PIC FILE= "T0026745">    >PIC FILE= "T0026746">    >PIC FILE= "T0026747">    >PIC FILE= "T0026748">    >PIC FILE= "T0026749">    >PIC FILE= "T0026750">    >PIC FILE= "T0026751">    >PIC FILE= "T0026752">    >PIC FILE= "T0026753">    >PIC FILE= "T0026754">    TABLE (c)  >PIC FILE= "T0026755">    >PIC FILE= "T0026756">    >PIC FILE= "T0026757">    >PIC FILE= "T0026758">    >PIC FILE= "T0026759">    TABLE (d)  >PIC FILE= "T0026760">