Avis juridique important

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31999L0044

Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees

Official Journal L 171 , 07/07/1999 P. 0012 - 0016

DIRECTIVE 1999/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 25 May 1999on certain aspects of the sale of consumer goods and associated guaranteesTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty in the light of the joint text approved by the Conciliation Committee on 18 May 1999(3),(1) Whereas Article 153(1) and (3) of the Treaty provides that the Community should contribute to the achievement of a high level of consumer protection by the measures it adopts pursuant to Article 95 thereof;(2) Whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is guaranteed; whereas free movement of goods concerns not only transactions by persons acting in the course of a business but also transactions by private individuals; whereas it implies that consumers resident in one Member State should be free to purchase goods in the territory of another Member State on the basis of a uniform minimum set of fair rules governing the sale of consumer goods;(3) Whereas the laws of the Member States concerning the sale of consumer goods are somewhat disparate, with the result that national consumer goods markets differ from one another and that competition between sellers may be distorted;(4) Whereas consumers who are keen to benefit from the large market by purchasing goods in Member States other than their State of residence play a fundamental role in the completion of the internal market; whereas the artificial reconstruction of frontiers and the compartmentalisation of markets should be prevented; whereas the opportunities available to consumers have been greatly broadened by new communication technologies which allow ready access to distribution systems in other Member States or in third countries; whereas, in the absence of minimum harmonisation of the rules governing the sale of consumer goods, the development of the sale of goods through the medium of new distance communication technologies risks being impeded;(5) Whereas the creation of a common set of minimum rules of consumer law, valid no matter where goods are purchased within the Community, will strengthen consumer confidence and enable consumers to make the most of the internal market;(6) Whereas the main difficulties encountered by consumers and the main source of disputes with sellers concern the non-conformity of goods with the contract; whereas it is therefore appropriate to approximate national legislation governing the sale of consumer goods in this respect, without however impinging on provisions and principles of national law relating to contractual and non-contractual liability;(7) Whereas the goods must, above all, conform with the contractual specifications; whereas the principle of conformity with the contract may be considered as common to the different national legal traditions; whereas in certain national legal traditions it may not be possible to rely solely on this principle to ensure a minimum level of protection for the consumer; whereas under such legal traditions, in particular, additional national provisions may be useful to ensure that the consumer is protected in cases where the parties have agreed no specific contractual terms or where the parties have concluded contractual terms or agreements which directly or indirectly waive or restrict the rights of the consumer and which, to the extent that these rights result from this Directive, are not binding on the consumer;(8) Whereas, in order to facilitate the application of the principle of conformity with the contract, it is useful to introduce a rebuttable presumption of conformity with the contract covering the most common situations; whereas that presumption does not restrict the principle of freedom of contract; whereas, furthermore, in the absence of specific contractual terms, as well as where the minimum protection clause is applied, the elements mentioned in this presumption may be used to determine the lack of conformity of the goods with the contract; whereas the quality and performance which consumers can reasonably expect will depend inter alia on whether the goods are new or second-hand; whereas the elements mentioned in the presumption are cumulative; whereas, if the circumstances of the case render any particular element manifestly inappropriate, the remaining elements of the presumption nevertheless still apply;(9) Whereas the seller should be directly liable to the consumer for the conformity of the goods with the contract; whereas this is the traditional solution enshrined in the legal orders of the Member States; whereas nevertheless the seller should be free, as provided for by national law, to pursue remedies against the producer, a previous seller in the same chain of contracts or any other intermediary, unless he has renounced that entitlement; whereas this Directive does not affect the principle of freedom of contract between the seller, the producer, a previous seller or any other intermediary; whereas the rules governing against whom and how the seller may pursue such remedies are to be determined by national law;(10) Whereas, in the case of non-conformity of the goods with the contract, consumers should be entitled to have the goods restored to conformity with the contract free of charge, choosing either repair or replacement, or, failing this, to have the price reduced or the contract rescinded;(11) Whereas the consumer in the first place may require the seller to repair the goods or to replace them unless those remedies are impossible or disproportionate; whereas whether a remedy is disproportionate should be determined objectively; whereas a remedy would be disproportionate if it imposed, in comparison with the other remedy, unreasonable costs; whereas, in order to determine whether the costs are unreasonable, the costs of one remedy should be significantly higher than the costs of the other remedy;(12) Whereas in cases of a lack of conformity, the seller may always offer the consumer, by way of settlement, any available remedy; whereas it is for the consumer to decide whether to accept or reject this proposal;(13) Whereas, in order to enable consumers to take advantage of the internal market and to buy consumer goods in another Member State, it should be recommended that, in the interests of consumers, the producers of consumer goods that are marketed in several Member States attach to the product a list with at least one contact address in every Member State where the product is marketed;(14) Whereas the references to the time of delivery do not imply that Member States have to change their rules on the passing of the risk;(15) Whereas Member States may provide that any reimbursement to the consumer may be reduced to take account of the use the consumer has had of the goods since they were delivered to him; whereas the detailed arrangements whereby rescission of the contract is effected may be laid down in national law;(16) Whereas the specific nature of second-hand goods makes it generally impossible to replace them; whereas therefore the consumer's right of replacement is generally not available for these goods; whereas for such goods, Member States may enable the parties to agree a shortened period of liability;(17) Whereas it is appropriate to limit in time the period during which the seller is liable for any lack of conformity which exists at the time of delivery of the goods; whereas Member States may also provide for a limitation on the period during which consumers can exercise their rights, provided such a period does not expire within two years from the time of delivery; whereas where, under national legislation, the time when a limitation period starts is not the time of delivery of the goods, the total duration of the limitation period provided for by national law may not be shorter than two years from the time of delivery;(18) Whereas Member States may provide for suspension or interruption of the period during which any lack of conformity must become apparent and of the limitation period, where applicable and in accordance with their national law, in the event of repair, replacement or negotiations between seller and consumer with a view to an amicable settlement;(19) Whereas Member States should be allowed to set a period within which the consumer must inform the seller of any lack of conformity; whereas Member States may ensure a higher level of protection for the consumer by not introducing such an obligation; whereas in any case consumers throughout the Community should have at least two months in which to inform the seller that a lack of conformity exists;(20) Whereas Member States should guard against such a period placing at a disadvantage consumers shopping across borders; whereas all Member States should inform the Commission of their use of this provision; whereas the Commission should monitor the effect of the varied application of this provision on consumers and on the internal market; whereas information on the use made of this provision by a Member State should be available to the other Member States and to consumers and consumer organisations throughout the Community; whereas a summary of the situation in all Member States should therefore be published in the Official Journal of the European Communities;(21) Whereas, for certain categories of goods, it is current practice for sellers and producers to offer guarantees on goods against any defect which becomes apparent within a certain period; whereas this practice can stimulate competition; whereas, while such guarantees are legitimate marketing tools, they should not mislead the consumer; whereas, to ensure that consumers are not misled, guarantees should contain certain information, including a statement that the guarantee does not affect the consumer's legal rights;(22) Whereas the parties may not, by common consent, restrict or waive the rights granted to consumers, since otherwise the legal protection afforded would be thwarted; whereas this principle should apply also to clauses which imply that the consumer was aware of any lack of conformity of the consumer goods existing at the time the contract was concluded; whereas the protection granted to consumers under this Directive should not be reduced on the grounds that the law of a non-member State has been chosen as being applicable to the contract;(23) Whereas legislation and case-law in this area in the various Member States show that there is growing concern to ensure a high level of consumer protection; whereas, in the light of this trend and the experience acquired in implementing this Directive, it may be necessary to envisage more far-reaching harmonisation, notably by providing for the producer's direct liability for defects for which he is responsible;(24) Whereas Member States should be allowed to adopt or maintain in force more stringent provisions in the field covered by this Directive to ensure an even higher level of consumer protection;(25) Whereas, according to the Commission recommendation of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes(4), Member States can create bodies that ensure impartial and efficient handling of complaints in a national and cross-border context and which consumers can use as mediators;(26) Whereas it is appropriate, in order to protect the collective interests of consumers, to add this Directive to the list of Directives contained in the Annex to Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests(5),HAVE ADOPTED THIS DIRECTIVE:Article 1Scope and definitions1. The purpose of this Directive is the approximation of the laws, regulations and administrative provisions of the Member States on certain aspects of the sale of consumer goods and associated guarantees in order to ensure a uniform minimum level of consumer protection in the context of the internal market.2. For the purposes of this Directive:(a) consumer: shall mean any natural person who, in the contracts covered by this Directive, is acting for purposes which are not related to his trade, business or profession;(b) consumer goods: shall mean any tangible movable item, with the exception of:- goods sold by way of execution or otherwise by authority of law,- water and gas where they are not put up for sale in a limited volume or set quantity,- electricity;(c) seller: shall mean any natural or legal person who, under a contract, sells consumer goods in the course of his trade, business or profession;(d) producer: shall mean the manufacturer of consumer goods, the importer of consumer goods into the territory of the Community or any person purporting to be a producer by placing his name, trade mark or other distinctive sign on the consumer goods;(e) guarantee: shall mean any undertaking by a seller or producer to the consumer, given without extra charge, to reimburse the price paid or to replace, repair or handle consumer goods in any way if they do not meet the specifications set out in the guarantee statement or in the relevant advertising;(f) repair: shall mean, in the event of lack of conformity, bringing consumer goods into conformity with the contract of sale.3. Member States may provide that the expression "consumer goods" does not cover second-hand goods sold at public auction where consumers have the opportunity of attending the sale in person.4. Contracts for the supply of consumer goods to be manufactured or produced shall also be deemed contracts of sale for the purpose of this Directive.Article 2Conformity with the contract1. The seller must deliver goods to the consumer which are in conformity with the contract of sale.2. Consumer goods are presumed to be in conformity with the contract if they:(a) comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model;(b) are fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted;(c) are fit for the purposes for which goods of the same type are normally used;(d) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.3. There shall be deemed not to be a lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware, or could not reasonably be unaware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.4. The seller shall not be bound by public statements, as referred to in paragraph 2(d) if he:- shows that he was not, and could not reasonably have been, aware of the statement in question,- shows that by the time of conclusion of the contract the statement had been corrected, or- shows that the decision to buy the consumer goods could not have been influenced by the statement.5. Any lack of conformity resulting from incorrect installation of the consumer goods shall be deemed to be equivalent to lack of conformity of the goods if installation forms part of the contract of sale of the goods and the goods were installed by the seller or under his responsibility. This shall apply equally if the product, intended to be installed by the consumer, is installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions.Article 3Rights of the consumer1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.2. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, in accordance with paragraphs 5 and 6.3. In the first place, the consumer may require the seller to repair the goods or he may require the seller to replace them, in either case free of charge, unless this is impossible or disproportionate.A remedy shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable, taking into account:- the value the goods would have if there were no lack of conformity,- the significance of the lack of conformity, and- whether the alternative remedy could be completed without significant inconvenience to the consumer.Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.4. The terms "free of charge" in paragraphs 2 and 3 refer to the necessary costs incurred to bring the goods into conformity, particularly the cost of postage, labour and materials.5. The consumer may require an appropriate reduction of the price or have the contract rescinded:- if the consumer is entitled to neither repair nor replacement, or- if the seller has not completed the remedy within a reasonable time, or- if the seller has not completed the remedy without significant inconvenience to the consumer.6. The consumer is not entitled to have the contract rescinded if the lack of conformity is minor.Article 4Right of redressWhere the final seller is liable to the consumer because of a lack of conformity resulting from an act or omission by the producer, a previous seller in the same chain of contracts or any other intermediary, the final seller shall be entitled to pursue remedies against the person or persons liable in the contractual chain. the person or persons liable against whom the final seller may pursue remedies, together with the relevant actions and conditions of exercise, shall be determined by national law.Article 5Time limits1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.2. Member States may provide that, in order to benefit from his rights, the consumer must inform the seller of the lack of conformity within a period of two months from the date on which he detected such lack of conformity.Member States shall inform the Commission of their use of this paragraph. The Commission shall monitor the effect of the existence of this option for the Member States on consumers and on the internal market.Not later than 7 January 2003, the Commission shall prepare a report on the use made by Member States of this paragraph. This report shall be published in the Official Journal of the European Communities.3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.Article 6Guarantees1. A guarantee shall be legally binding on the offerer under the conditions laid down in the guarantee statement and the associated advertising.2. The guarantee shall:- state that the consumer has legal rights under applicable national legislation governing the sale of consumer goods and make clear that those rights are not affected by the guarantee,- set out in plain intelligible language the contents of the guarantee and the essential particulars necessary for making claims under the guarantee, notably the duration and territorial scope of the guarantee as well as the name and address of the guarantor.3. On request by the consumer, the guarantee shall be made available in writing or feature in another durable medium available and accessible to him.4. Within its own territory, the Member State in which the consumer goods are marketed may, in accordance with the rules of the Treaty, provide that the guarantee be drafted in one or more languages which it shall determine from among the official languages of the Community.5. Should a guarantee infringe the requirements of paragraphs 2, 3 or 4, the validity of this guarantee shall in no way be affected, and the consumer can still rely on the guarantee and require that it be honoured.Article 7Binding nature1. Any contractual terms or agreements concluded with the seller before the lack of conformity is brought to the seller's attention which directly or indirectly waive or restrict the rights resulting from this Directive shall, as provided for by national law, not be binding on the consumer.Member States may provide that, in the case of second-hand goods, the seller and consumer may agree contractual terms or agreements which have a shorter time period for the liability of the seller than that set down in Article 5(1). Such period may not be less than one year.2. Member States shall take the necessary measures to ensure that consumers are not deprived of the protection afforded by this Directive as a result of opting for the law of a non-member State as the law applicable to the contract where the contract has a close connection with the territory of the Member States.Article 8National law and minimum protection1. The rights resulting from this Directive shall be exercised without prejudice to other rights which the consumer may invoke under the national rules governing contractual or non-contractual liability.2. Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.Article 9Member States shall take appropriate measures to inform the consumer of the national law transposing this Directive and shall encourage, where appropriate, professional organisations to inform consumers of their rights.Article 10The Annex to Directive 98/27/EC shall be completed as follows: "10. Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).".Article 11Transposition1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 2002. 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 at the time of their official publication. The procedure for such reference shall be adopted by Member States.2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.Article 12ReviewThe Commission shall, not later than 7 July 2006, review the application of this Directive and submit to the European Parliament and the Council a report. The report shall examine, inter alia, the case for introducing the producer's direct liability and, if appropriate, shall be accompanied by proposals.Article 13Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 14This Directive is addressed to the Member States.Done at Brussels, 25 May 1999.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentH. EICHEL(1) OJ C 307, 16.10.1996, p. 8and OJ C 148, 14.5.1998, p. 12.(2) OJ C 66, 3.3.1997, p. 5.(3) Opinion of the European Parliament of 10 March 1998 (OJ C 104, 6.4.1998, p. 30), Council Common Position of 24 September 1998 (OJ C 333, 30.10.1998, p. 46) and Decision of the European Parliament of 17 December 1998. (OJ C 98, 9.4.1999, p. 226). Decision of the European Parliament of 5 May 1999. Council Decision of 17 May 1999.(4) OJ L 115, 17.4.1998, p. 31.(5) OJ L 166, 11.6.1998, p. 51.


Avis juridique important

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31994L0047

Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

Official Journal L 280 , 29/10/1994 P. 0083 - 0087 Finnish special edition: Chapter 13 Volume 27 P. 0040  Swedish special edition: Chapter 13 Volume 27 P. 0040

DIRECTIVE 94/47/EC OF THE  EUROPEAN PARLIAMENT AND THE COUNCIL of 26 October 1994 on the protection of purchasers in respect  of certain aspects of contracts relating to the purchase of the right to use immovable properties  on a timeshare basisTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN  UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a  thereof, Having regard to the proposal from the Commission  (1), Having regard to the opinion of the Economic and Social Committee  (2), Acting in accordance with the procedure laid down in Article 189b of the Treaty  (3), 1.  Whereas the disparities between national legislations on contracts relating to the purchase of  the right to use one or more immovable properties on a timeshare basis are likely to create  barriers to the proper operation of the internal market and distortions of competition and lead to  the compartmentalization of national markets; 2.  Whereas the aim of this Directive is to establish a minimum basis of common rules on such  matters which will make it possible to ensure that the internal market operates properly and will  thereby protect purchasers; whereas it is sufficient for those rules to cover contractual  transactions only with regard to those aspects that relate to information on the constituent parts  of contracts, the arrangements for communicating such information and the procedures and  arrangements for cancellation and withdrawal; whereas the appropriate instrument to achieve that  aim is a Directive; whereas this Directive is therefore consistent with the principle of  subsidiarity; 3.  Whereas the legal nature of the rights which are the subject of the contracts covered by this  Directive varies considerably from one Member State to another; whereas reference should therefore  be made in summary form to those variations, giving a sufficiently broad definition of such  contracts, without thereby implying harmonization within the Community of the legal nature of the  rights in question; 4.  Whereas this Directive is not designed to regulate the extent to which contracts for the use of  one or more immovable properties on a timeshare basis may be concluded in Member States or the  legal basis for such contracts; 5.  Whereas, in practice, contracts relating to the purchase of the right to use one or more  immovable properties on a timeshare basis differ from tenancy agreements; whereas that difference  can be seen from, inter alia, the means of payment; 6.  Whereas it may be seen from the market that hotels, residential hotels and other similar  residential tourist premises are involved in contractual transactions similar to those which have  made this Directive necessary; 7.  Whereas it is necessary to avoid any misleading or incomplete details in information concerned  specifically with the sale of the rights to use one or more immovable properties on a timeshare  basis; whereas such information should be supplemented by a document which must be made available  to anyone who requests it; whereas the information therein must constitute part of the contract for  the purchase of the right to use one or more immovable properties on a timeshare basis; 8.  Whereas, in order to give purchasers a high level of protection and in view of the specific  characteristics of systems for using immovable properties on a timeshare basis, contracts for the  purchase of the right to use one or more immovable properties on a timeshare basis must include  certain minimal items; 9.  Whereas, with a view to establishing effective protection for purchasers in this field, it is  necessary to stipulate minimum obligations with which vendors must comply vis-à-vis purchasers; 10.  Whereas the contract for the purchase of the right to use one or more immovable properties on  a timeshare basis must be drawn up in the official language or one of the official languages of the  Member State in which the purchaser is resident or in the official language or one of the official  languages of the Member State of which he is a national which must be one of the official languages  of the Community; whereas, however, the Member State in which the purchaser is resident may require  that the contract be drawn up in its language or its languages which must be an official language  or official languages of the Community; whereas provision should be made for a certified  translation of each contract for the purposes of the formalities to be completed in the Member  State in which the relevant property is situated; 11.  Whereas to give the purchaser the chance to realize more fully what his obligations and rights  under the contract are he should be allowed a period during which he may withdraw from the contract  without giving reasons since the property in question is often situated in a State and subject to  legislation which are different from his own; 12.  Whereas the requirement on the vendor's part that advance payments be made before the end of  the period during which the purchaser may withdraw without giving reasons may reduce the  purchaser's protection; whereas, therefore, advance payments before the end of that period should  be prohibited; 13.  Whereas in the event of cancellation of or withdrawal from a contract for the purchase of the  right to use one or more immovable properties on a timeshare basis the price of which is entirely  or partly covered by credit granted to the purchaser by the vendor or by a third party on the basis  of an agreement concluded between that third party and the vendor, it should be provided that the  credit agreement should be cancelled without penalty; 14.  Whereas there is a risk, in certain cases, that the consumer may be deprived of the protection  provided for in this Directive if the law of a non-Member State is specified as the law applicable  to the contract; whereas this Directive should therefore include provisions intended to obviate  that risk; 15.  Whereas it is for the Member States to adopt measures to ensure that the vendor fulfils his  obligations, HAVE ADOPTED THIS DIRECTIVE: Article 1 The purpose of this Directive shall be to approximate the laws,  regulations and administrative provisions of the Member States on the protection of purchasers in  respect of certain aspects of contracts relating directly or indirectly to the purchase of the  right to use one or more immovable properties on a timeshare basis. This Directive shall cover only those aspects of the above provisions concerning contractual  transactions that relate to: -  information on the constituent parts of a contract and the arrangements for the communication of  that information, -  the procedures and arrangements for cancellation and withdrawal. With due regard to the general rules of the Treaty, the Member States shall remain competent for  other matters, inter alia determination of the legal nature of the rights which are the subject of  the contracts covered by this Directive. Article 2 For the purposes of this Directive: -  'contract relating directly or indirectly to the purchase of the right to use one or more  immovable properties on a timeshare basis`, hereinafter referred to as 'contract`, shall mean any  contract or group of contracts concluded for at least three years under which, directly or  indirectly, on payment of a certain global price, a real property right or any other right relating  to the use of one or more immovable properties for a specified or specifiable period of the year,  which may not be less than one week, is established or is the subject of a transfer or an  undertaking to transfer, -  'immovable property` shall mean any building or part of a building for use as accommodation to  which the right which is the subject of the contract relates, -  'vendor` shall mean any natural or legal person who, acting in transactions covered by this  Directive and in his professional capacity, establishes, transfers or undertakes to transfer the  right which is the subject of the contract, -  'purchaser` shall mean any natural person who, acting in transactions covered by this Directive,  for purposes which may be regarded as being outwith his professional capacity, has the right which  is the subject of the contract transferred to him or for whom the right which is the subject of the  contract is established. Article 3 1.  The Member States shall make provision in their legislation for measures to ensure  that the vendor is required to provide any person requesting information on the immovable property  or properties with a document which, in addition to a general description of the property or  properties, shall provide at least brief and accurate information on the particulars referred to in  points (a) to (g), (i) and (l) of the Annex and on how further information may be obtained. 2.  The Member States shall make provision in their legislation to ensure that all the information  referred to in paragraph 1 which must be provided in the document referred to in paragraph 1 forms  an integral part of the contract. Unless the parties expressly agree otherwise, only changes resulting from circumstances beyond the  vendor's control may be made to the information provided in the document referred to in paragraph  1. Any changes to that information shall be communicated to the purchaser before the contract is  concluded. The contract shall expressly mention any such changes. 3.  Any advertising referring to the immovable property concerned shall indicate the possibility of  obtaining the document referred to in paragraph 1 and where it may be obtained. Article 4 The Member States shall make provision in their legislation to ensure that: -  the contract, which shall be in writing, includes at least the items referred to in the Annex, -  the contract and the document referred to in Article 3 (1) are drawn up in the language or one  of the languages of Member State in which the purchaser is resident or in the language or one of  the languages of the Member State of which he is national which shall be an official language or  official languages of the Community, at the purchaser's option. The Member State in which the  purchaser is resident may, however, require that the contract be drawn up in all cases in at least  its language or languages which must be an official language or official languages of the  Community, and -  the vendor provides the purchaser with a certified translation of the contract in the language  or one of the languages of the Member State in which the immovable property is situated which shall  be an official language or official languages of the Community. Article 5 The Member States shall make provision in their legislation to ensure that: 1.  in addition to the possibilities available to the purchaser under national laws on the nullity  of contracts, the purchaser shall have the right: -  to withdraw without giving any reason within 10 calendar days of both parties' signing the  contract or of both parties' signing a binding preliminary contract. If the 10th day is a public  holiday, the period shall be extended to the first working day thereafter, -  if the contract does not include the information referred to in points (a), (b), (c), (d) (1),  (d) (2), (h), (i), (k), (l) and (m) of the Annex, at the time of both parties' signing the contract  or of both parties' signing a binding preliminary contract, to cancel the contract within three  months thereof. If the information in question is provided within those three months, the  purchaser's withdrawal period provided for in the first indent, shall then start, -  if by the end of the three-month period provided for in the second indent the purchaser has not  exercised the right to cancel and the contract does not include the information referred to in  points (a), (b), (c), (d) (1), (d) (2), (h), (i), (k), (l) and (m) of the Annex, to the withdrawal  period provided for in the first indent from the day after the end of that three-month period; 2.  if the purchaser intends to exercise the rights provided for in paragraph 1 he shall, before  the expiry of the relevant deadline, notify the person whose name and address appear in the  contract for that purpose by a means which can be proved in accordance with national law in  accordance with the procedures specified in the contract pursuant to point (l) of the Annex. The  deadline shall be deemed to have been observed if the notification, if it is in writing, is  dispatched before the deadline expires; 3.  where the purchaser exercises the right provided for in the first indent of paragraph 1, he may  be required to defray, where appropriate, only those expenses which, in accordance with national  law, are incurred as a result of the conclusion of and withdrawal from the contract and which  correspond to legal formalities which must be completed before the end of the period referred to in  the first indent of paragraph 1. Such expenses shall be expressly mentioned in the contract; 4.  where the purchaser exercises the right of cancellation provided for in the second indent of  paragraph 1 he shall not be required to make any defrayal. Article 6 The Member States shall make provision in their legislation to prohibit any advance  payments by a purchaser before the end of the period during which he may exercise the right of  withdrawal. Article 7 The Member States shall make provision in their legislation to ensure that: -  if the price is fully or partly covered by credit granted by the vendor, or -  if the price is fully or partly covered by credit granted to the purchaser by a third party on  the basis of an agreement between the third party and the vendor, the credit agreement shall be cancelled, without any penalty, if the purchaser exercises his right  to cancel or withdraw from the contract as provided for in Article 5. The Member States shall lay down detailed arrangements to govern the cancellation of credit  agreements. Article 8 The Member States shall make provision in their legislation to ensure that any clause  whereby a purchaser renounces the enjoyment of rights under this Directive or whereby a vendor is  freed from the responsibilities arising from this Directive shall not be binding on the purchaser,  under conditions laid down by national law. Article 9 The Member States shall take the measures necessary to ensure that, whatever the law  applicable may be, the purchaser is not deprived of the protection afforded by this Directive, if  the immovable property concerned is situated within the territory of a Member State. Article 10 The Member States shall make provision in their legislation for the consequences of  non-compliance with this Directive. Article 11 This Directive shall not prevent Member States from adopting or maintaining provisions  which are more favourable as regards the protection of purchasers in the field in question, without  prejudice to their obligations under the Treaty. Article 12 1.  Member States shall bring into force the laws, regulations and administrative  provisions necessary for them to comply with this Directive no later than 30 months after its  publication in the Official Journal of the European Communities. They shall immediately inform the  Commission thereof. When Member States adopt those measures, they shall include references to this Directive or shall  accompany them with such references on their official publication. The Member States shall lay down  the manner in which such references shall be made. 2.  The 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 13 This Directive is addressed to the Member States. Done at Strasbourg, 26 October 1994. For the European Parliament, The President K. HAENSCHFor the Council The President J. EEKHOFF  ANNEX Minimum list of items to be included in the contract referred to in Article 4 (a)   The identities and domiciles of the parties, including specific information on the vendor's legal  status at the time of the conclusion of the contract and the identity and domicile of the owner. (b)  The exact nature of the right which is the subject of the contract and a clause setting out  the conditions governing the exercise of that right within the territory of the Member State(s) in  which the property or properties concerned relates is or are situated and if those conditions have  been fulfilled or, if they have not, what conditions remain to be fulfilled. (c)  When the property has been determined, an accurate description of that property and its  location. (d)  Where the immovable property is under construction: (1)  the state of completion; (2)  a reasonable estimate of the deadline for completion of the immovable property; (3)  where it concerns a specific immovable property, the number of the building permit and the  name(s) and full address(es) of the competent authority or authorities; (4)  the state of completion of the services rendering the immovable property fully operational  (gas, electricity, water and telephone connections); (5)  a guarantee regarding completion of the immovable property or a guarantee regarding  reimbursement of any payment made if the property is not completed and, where appropriate, the  conditions governing the operation of those guarantees. (e)  The services (lighting, water, maintenance, refuse collection) to which the purchaser has or  will have access and on what conditions. (f)  The common facilities, such as swimming pool, sauna, etc., to which the purchaser has or may  have access, and, where appropriate, on what conditions. (g)  The principles on the basis of which the maintenance of and repairs to the immovable property  and its administration and management will be arranged. (h)  The exact period within which the right which is the subject of the contract may be exercised  and, if necessary, its duration; the date on which the purchaser may start to exercise the  contractual right. (i)  The price to be paid by the purchaser to excercise the contractual right; an estimate of the  amount to be paid by the purchaser for the use of common facilities and services; the basis for the  calculation of the amount of charges relating to occupation of the property, the mandatory  statutory charges (for example, taxes and fees) and the administrative overheads (for example,  management, maintenance and repairs). (j)  A clause stating that acquisition will not result in costs, charges or obligations other than  those specified in the contract. (k)  Whether or not is is possible to join a scheme for the exchange or resale of the contractual  rights, and any costs involved should an exchange and/or resale scheme be organized by the vendor  or by a third party designated by him in the contract. (l)  Information on the right to cancel or withdraw from the contract and indication of the person  to whom any letter of cancellation or withdrawal should be sent, specifying also the arrangements  under which such letters may be sent; precise indication of the nature and amount of the costs  which the purchaser will be required to defray pursuant to Article 5 (3) if he exercises his right  to withdraw; where appropriate, information on the arrangements for the cancellation of the credit  agreement linked to the contract in the event of cancellation of the contract or withdrawal from  it. (m)  The date and place of each party's signing of the contract.


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31978L1033

Fourth Council Directive 78/1033/EEC of 19 December 1978 amending Directive 69/169/EEC on the harmonization of provisions laid down by law, regulation or administrative action relating to exemption from turnover tax and excise duty on imports in international travel

Official Journal L 366 , 28/12/1978 P. 0031 - 0032 Finnish special edition: Chapter 9 Volume 1 P. 0075  Greek special edition: Chapter 09 Volume 1 P. 0100  Swedish special edition: Chapter 9 Volume 1 P. 0075  Spanish special edition: Chapter 09 Volume 1 P. 0106  Portuguese special edition Chapter 09 Volume 1 P. 0106

FOURTH COUNCIL DIRECTIVE  of 19 December 1978  amending Directive 69/169/EEC on the harmonization of provisions laid down by law, regulation or administrative action relating to exemption from turnover tax and excise duty on imports in international travel  (78/1033/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 99 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Article 1 (1) of Council Directive 69/169/EEC of 28 May 1969 on the harmonization of provisions laid down by law, regulation or administrative action relating to exemption from turnover tax and excise duty on imports in international travel (4), as last amended by Directive 78/1032/EEC (5), provides for exemption for goods contained in the personal luggage of travellers coming from a third country, if such imports have no commercial character;  Whereas the total value of the goods eligible for exemption must not exceed 25 units of account per person ; whereas, under Article 1 (2) of Directive 69/169/EEC, Member States may reduce this exemption to 10 units of account for travellers under 15 years of age;  Whereas the introduction of the European unit of account in the legal acts adopted by the institutions of the European Communities in the field of tax exemptions must not have the effect of reducing the amounts expressed in national currency at present eligible for exemption;  Whereas account must also be taken of the measures for the benefit of travellers recommended by the specialized international organizations, and in particular those contained in Annex F (3) to the International Convention on the simplification and harmonization of customs procedures, sponsored by the Customs Cooperation Council;  Whereas this two-fold objective may be achieved by fixing the amount provided for in Article 1 (1) of Directive 69/169/EEC at 40 European units of account and that provided for in Article 1 (2) of that Directive at 20 European units of account;  Whereas the term "personal luggage" should be defined,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 69/169/EEC is hereby amended as follows:    1. Article 1 is hereby amended as follows:      (a) Paragraph 1 shall be replaced by the following:  "1. Goods contained in the personal luggage of travellers coming from third countries shall be exempt from the turnover tax and excise duty levied on imports if the imported goods have no commercial character and the total value of the goods does not exceed 40 European units of account per person."           (b) In paragraph 2, "10 units of account" shall be replaced by "20 European units of account".           (c) In paragraph 3, "25 units of account" shall be replaced by "40 European units of account".                  2. The following paragraph shall be added to Article 3:  "3. "Personal luggage" shall mean the whole of the luggage which a traveller is in a position to submit to the customs authorities upon his arrival, as well as luggage which he submits later to the same authorities, subject to proof that such luggage was registered as accompanied luggage, at the time of his departure, with the company which has been responsible for conveying him.  (1)OJ No C 213, 7.9.1978, p. 9. (2)OJ No C 261, 6.11.1978, p. 46. (3)Opinion delivered on 19 October 1978 (not yet published in the Official Journal). (4)OJ No L 133, 4.6.1969, p. 6. (5)See page 28 of this Official Journal.   The definition of "personal luggage" shall not cover portable containers containing fuel. However, for each means of motor transport a quantity of fuel not exceeding 10 litres shall be admitted duty-free in such a container, without prejudice to national provisions governing the possession and transport of fuel."          Article 2 1. Member States shall bring into force the measures necessary to comply with this Directive no later than 1 January 1979.  2. Member States shall inform the Commission of the provisions which they adopt to implement this Directive. The Commission shall inform the Member States thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 19 December 1978.  For the Council  The President  H.-D. GENSCHER


title: Commission Directive (EU) 2015/2087 of 18 November 2015 amending Annex II to Directive 2000/59/EC of the European Parliament and the Council on port reception facilities for ship-generated waste and cargo residues (Text with EEA relevance)

text:
               19.11.2015

               EN

               Official Journal of the European Union

               L 302/99

         COMMISSION DIRECTIVE (EU) 2015/2087
   of 18 November 2015
   amending Annex II to Directive 2000/59/EC of the European Parliament and the Council on port reception facilities for ship-generated waste and cargo residues
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2000/59/EC of the European Parliament and the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (1), and in particular Article 15 thereof,
   Whereas:

               (1)

               On 15 July 2011 the International Maritime Organisation (IMO) adopted Resolution MEPC.201(62) amending Annex V to the MARPOL Convention on the prevention of pollution by garbage from ships, by introducing a new and more detailed categorization of garbage (2). The amended Annex V to the MARPOL Convention entered into force on 1 January 2013.

               (2)

               This new categorization of garbage is reflected in IMO Circular MEPC.1/Circ.644/Rev.1, providing a standard format for the advance notification form for waste delivery to port reception facilities (3), as well as in IMO Circular MEPC.1/Circ.645/Rev.1, providing a standard format for the waste delivery receipt following a ship's use of port reception facilities (4).

               (3)

               In the interest of consistency with IMO measures and in order to avoid uncertainty amongst port users and authorities, the table included in Annex II to Directive 2000/59/EC, which contains the different types and amounts of waste and cargo residues to be delivered or retained on board, should be adapted to the new categorisation of garbage of the amended Annex V to the MARPOL Convention.

               (4)

               In addition, in order to improve the regime established under Directive 2000/59/EC, which aims at reducing discharges of ship-generated waste and cargo residues into the sea, information on the types and quantities of ship-generated waste actually delivered to port reception facilities in the last port of delivery should be included in the table of Annex II.

               (5)

               The exact data on the types and amounts of the ship-generated waste and cargo residues delivered by a ship in the last port is essential for an accurate calculation of sufficient dedicated storage capacity on that ship. The calculation of sufficient storage capacity is a prerequisite for allowing the ship to proceed to the next port of call without having delivered its ship-generated waste, as well as for a proper selection of vessels for inspection. Better targeted inspections will contribute to the effective operation of maritime traffic, by reducing turnaround time in ports.

               (6)

               This information may be available through waste receipts issued on basis of the IMO Circular MEPC.1/Circ.645/Rev.1, which recommends the standard format for the waste delivery receipt, or through other types of receipts issued to the master of the ship upon delivery of the waste. The amounts and types of waste indicated on the waste receipt or as declared by the master of the ship upon delivery in case a waste receipt cannot be obtained, would generally be more accurate than those available from the waste notification form, as they should reflect the actual situation after delivery and as such provide more reliability in the decision making process. The master of the ship records such delivery information in the Garbage Record Book as required by the MARPOL Convention.

               (7)

               A systematic collection of accurate data on waste delivery would also allow a better statistical analysis of waste flow patterns in ports and facilitate the establishment of the information and monitoring system foreseen in Article 12(3) of Directive 2000/59/EC. The monitoring and exchange of such information, including the electronic waste notification developed under Directive 2010/65/EU of the European Parliament and the Council (5), are currently supported by the Union maritime information and exchange system (SafeSeaNet), established by Directive 2002/59/EC of the European Parliament and the Council (6), which should be linked to a reporting module within the Port State Control database (7) set up under Directive 2009/16/EC of the European Parliament and the Council (8).

               (8)

               Annex II to Directive 2000/59/EC should be amended to include the information on waste delivery in the previous port and in order to incorporate the new categorization of garbage introduced by the amended MARPOL Annex V.

               (9)

               The measures provided for in this Directive are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex II to Directive 2000/59/EC is replaced by the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 9 December 2016 at the latest, the laws, regulations and administrative provisions necessary to comply with 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, 18 November 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 332, 28.12.2000, p. 81.

      (2)  Resolution MEPC.201(62) adopted on 15 July 2011, Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973

      (3)  MEPC.1/Circ.644/Rev.1, 1 July 2013

      (4)  MEPC.1/Circ.645/Rev.1, 1 July 2013

      (5)  Directive 2010/65/EU of the European Parliament and the Council of 20 October 2010 on reporting formalities for ships arriving and/or departing from ports of the Member States (OJ L 283, 29.10.2010, p. 1).

      (6)  Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10).

      (7)  Database developed and operated by the European Maritime Safety Agency.

      (8)  Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control, (OJ L 131, 28.5.2009, p. 57).

      ANNEX

            ‘ANNEX II

               INFORMATION TO BE NOTIFIED BEFORE ENTRY INTO THE PORT OF …

               (Port of destination as referred to in Article 6 of Directive 2000/59/EC)

                        1.

                        Name, call sign and, where appropriate, IMO identification number of the ship:

                        2.

                        Flag State:

                        3.

                        Estimated time of arrival (ETA):

                        4.

                        Estimated time of departure (ETD):

                        5.

                        Previous port of call:

                        6.

                        Next port of call:

                        7.

                        Last port and date when ship-generated waste was delivered, including the quantities (in m3) and the types of waste that were delivered:

                        8.

                        Are you delivering (tick appropriate box):

                                    all ☐

                                    some ☐

                                    none ☐

                              of your waste into port reception facilities?

                        9.

                        Type and amount of waste and residues to be delivered and/or remaining on board, and percentage of maximum storage capacity:

               If delivering all waste, complete second and last columns as appropriate. If delivering some or no waste, complete all columns.

                        Type

                        Waste to be delivered
                        (m3)

                        Maximum dedicated storage capacity
                        (m3)

                        Amount of waste retained on board
                        (m3)

                        Port at which remaining waste will be delivered

                        Estimated amount of waste to be generated between notification and next port of call
                        (m3)

                        Waste that has been delivered at the last port of delivery identified under point 7 above
                        (m3)

                           Waste oils

                        Oily bilge water

                        Oily residues (sludge)

                        Other (specify)

                           Sewage
                            (1)

                           Garbage

                        Plastics

                        Food Wastes

                        Domestic wastes (e.g. paper products, rags, glass, metal, bottles, crockery, etc.)

                        Cooking Oil

                        Incinerator ashes

                        Operational wastes

                        Animal carcass(es)

                           Cargo residues
                            (2) (specify) (3)

               Notes

                        1.

                        This information may be used for port State control and other inspection purposes.

                        2.

                        Member States will determine which bodies will receive copies of this notification.

                        3.

                        This form is to be completed unless the ship is covered by an exemption in accordance with Article 9 of Directive 2000/59/EC.

                  I confirm that:

                        —

                        the above details are accurate and correct, and

                        —

                        there is sufficient dedicated onboard capacity to store all waste generated between notification and the next port at which waste will be delivered.

                  Date …
            Time …
            Signature’

         (1)  Sewage may be discharged at sea in accordance with Regulation 11 of Marpol Annex IV. The corresponding boxes do not need to be completed if it is the intention to make an authorised discharge at sea.

         (2)  May be estimates.

         (3)  Cargo residues shall be specified and categorised according to the relevant Annexes of Marpol, in particular Marpol Annexes I, II and V.


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31998L0023

Council Directive 98/23/EC of 7 April 1998 on the extension of Directive 97/81/EC on the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC to the United Kingdom of Great Britain and Northern Ireland

Official Journal L 131 , 05/05/1998 P. 0010 - 0010

COUNCIL DIRECTIVE 98/23/EC of 7 April 1998 on the extension of Directive 97/81/EC on the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC to the United Kingdom of Great Britain and Northern IrelandTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European 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 Council, acting in accordance with the Agreement on Social Policy annexed to Protocol (No 14) on Social Policy annexed to the EC Treaty, and in particular Article 4(2) thereof, adopted Directive 97/81/EC (3); whereas, as a result, the said Directive does not apply to the United Kingdom of Great Britain and Northern Ireland;Whereas the Amsterdam European Council held on 16 and 17 June 1997, noted with approval the agreement of the Intergovernmental Conference to incorporate the Agreement on Social Policy in the EC Treaty; whereas it pointed out that a means had to be found to give legal effect to the wish of the United Kingdom to accept the Directives already adopted on the basis of that agreement and those which might be adopted before the entry into force of the new treaty;Whereas at the Council of 24 July 1997, the Council and the Commission agreed to put into effect the conclusions adopted at the Amsterdam European Council; whereas they also agreed to apply the same procedure, mutatis mutandis, to future Directives adopted on the basis of the Agreement on Social Policy; whereas this Directive seeks to achieve this aim by extending Directive 97/81/EC to the United Kingdom;Whereas the fact that Directive 97/81/EC is not applicable in the United Kingdom of Great Britain and Northern Ireland directly affects the functioning of the internal market; whereas the implementation of the framework agreement annexed to the said Directive, and in particular the principle of non-discrimination between part-time and full-time workers in all the Member States, will improve the functioning of the internal market;Whereas the adoption of this Directive will make Directive 97/81/EC applicable in the United Kingdom; whereas, from the date on which this Directive enters into force, the term 'Member States` in Directive 97/81/EC should be construed as including the United Kingdom;Whereas the United Kingdom should benefit from the same period of two years that was granted to other Member States to bring into force the necessary provisions to comply with Directive 97/81/EC,HAS ADOPTED THIS DIRECTIVE:Article 1 Without prejudice to Article 2, Directive 97/81/EC shall apply to the United Kingdom of Great Britain and Northern Ireland.Article 2 The following paragraph shall be inserted in Article 2 of Directive 97/81/EC:'1a. As regards the United Kingdom of Great Britain and Northern Ireland, the date of 20 January 2000 in paragraph 1 shall be replaced by the date of 7 April 2000`Article 3 This Directive is addressed to the Member States.Done at Luxembourg, 7 April 1998.For the CouncilThe PresidentD. BLUNKETT(1) Opinion delivered on 1 April 1998 (not yet published in the Official Journal).(2) Opinion delivered on 25 March 1998 (not yet published in the Official Journal).(3) OJ L 14, 20. 1. 1998, p. 9.


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31986L0545

First Commission Directive 86/545/EEC of 29 October 1986 amending the Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products

Official Journal L 323 , 18/11/1986 P. 0014 - 0015 Finnish special edition: Chapter 3 Volume 22 P. 0046  Swedish special edition: Chapter 3 Volume 22 P. 0046

*****FIRST  COMMISSION DIRECTIVE  amending the Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States or organisms harmful to plants or plant products  (86/545/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (1), as last amended by Regulation (EEC) No 3768/85 (2), and in particular Article 13, paragraph two, indents three and four thereof,  Whereas Directive 77/93/EEC lays down protective measures against the introduction into the Member States of organisms harmful to plants or plant products;  Whereas the relevant harmful organisms are listed either in Annex I or in Annex II to the aforementioned Directive;  Whereas developments in scientific and technical knowledge have shown that the risks presented by Anarsia lineatella and Laspeyresia molesta, two organisms listed in the aforementioned Annexes, are lower than initially assessed;  Whereas in this respect protection should be restricted only to certain fruit plants other than fruit, and only for certain Member States where substantial production of plants at risk takes place;  Whereas Annexes I and II to Directive 77/93/EEC should therefore be amended accordingly;  Whereas these amendments are made in agreement with the Member States concerned;  Whereas 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 1  Directive 77/93/EEC is hereby amended as follows:  1. In Annex I Part A (a) item 7 is deleted  2. Annex II is amended as follows:  (a) In Part A (a) item 1 is deleted.  (b) In Part B (a) the following are inserted  1.2.3 //  //  //  // '01a Anarsia lineatella  // Cydonia Mill., Malus Mill., Prunus L. and Pyrus L., other than fruit or seeds   // Belgium, Denmark, Luxembourg, Netherlands, United Kingdom'   //   //   //   //   //   //   // '10aa Laspeyresia molesta (Busck)  // Cydonia Mill., Malus Mill., Prunus L. and Pyrus L., other than fruit or seeds   // Belgium, Denmark, Luxembourg, Netherlands, United Kingdom'   //   //   //  Article 2  Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 1 January 1987 at the latest.  Member States shall immediately inform the Commission of all laws, regulations and administrative provisions adopted in implementation of this Directive. The Commission shall inform the other Member States thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 29 October 1986.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 26, 31. 1. 1977, p. 20.  (2) OJ No L 362, 31. 12. 1985, p. 8.


title: Commission Directive 2008/75/EC of 24 July 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include carbon dioxide as an active substance in Annex I thereto (Text with EEA relevance)

text:
               25.7.2008

               EN

               Official Journal of the European Union

               L 197/54

      COMMISSION DIRECTIVE 2008/75/EC
   of 24 July 2008
   amending Directive 98/8/EC of the European Parliament and of the Council to include carbon dioxide as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annexes I, IA or IB to Directive 98/8/EC. That list includes carbon dioxide.

               (2)

               Pursuant to Regulation (EC) No 1451/2007, carbon dioxide has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 14, rodenticides, as defined in Annex V to Directive 98/8/EC.

               (3)

               France was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 15 May 2006 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 21 June 2007, in an assessment report, with a proposal to include carbon dioxide in Annex IA to Directive 98/8/EC, only for use in ready-for-use gas canisters functioning together with a trapping device.

               (5)

               An active substance listed in Annex IA should normally also be listed in Annex I. Inclusion in Annex I would cover those uses for which products may be expected to satisfy the requirements of Article 5 of Directive 98/8/EC, but not those of low-risk products. Such is the case of certain biocidal products used as rodenticides and containing carbon dioxide. It is therefore appropriate to include carbon dioxide in Annex I for product-type 14, in order to ensure that in all Member States authorisations for biocidal products used as rodenticides and containing carbon dioxide can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

               (6)

               The assessment report was modified accordingly, and was reviewed by the Standing Committee on Biocidal Products on 29 November 2007.

               (7)

               The review of carbon dioxide did not reveal any open questions or concerns to be addressed by the Scientific Committee on Health and Environmental Risks.

               (8)

               The evaluation at the Community level was carried out for one specific use. In addition, in accordance with Article 8(5) of the Directive, some information was not submitted, and thus not assessed. It is therefore appropriate that Member States assess those risks to the compartments and populations that have not been representatively addressed in the Community level risk assessment and, when granting product authorisations, ensure that appropriate measures are taken or specific conditions imposed in order to mitigate the identified risks to acceptable levels.

               (9)

               It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance carbon dioxide and also to facilitate the proper operation of the biocidal products market in general.

               (10)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

               (11)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 14 containing carbon dioxide to ensure that they comply with Directive 98/8/EC.

               (12)

               Directive 98/8/EC should therefore be amended accordingly.

               (13)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Transposition
   1.   Member States shall adopt and publish, by 31 March 2009 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 November 2009.
   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, 24 July 2008.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1. Directive as last amended by Directive 2008/31/EC (OJ L 81, 20.3.2008, p. 57).

      (2)  OJ L 325, 11.12.2007, p. 3.

      ANNEX
      The following entry ‘No 7’ is inserted in Annex I to Directive 98/8/EC:

                     No

                     Common Name

                     IUPAC Name
                     Identification Numbers

                     Minimum purity of the active substance in the biocidal product as placed on the market

                     Date of inclusion

                     Deadline for compliance with Article 16(3)
                     (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances)

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘7

                     carbon dioxide

                     carbon dioxide
                     EC No: 204-696-9
                     CAS No: 124-38-9

                     990 ml/l

                     1 November 2009

                     31 October 2011

                     31 October 2019

                     14

                     When assessing the application for authorisation of a product in accordance with Article 5 and Annex VI, Member States shall assess, when relevant for the particular product, the populations that may be exposed to the product and the use or exposure scenarios that have not been representatively addressed at the Community level risk assessment.
                     When granting product authorisation, Member States shall assess the risks and subsequently ensure that appropriate measures are taken or specific conditions imposed in order to mitigate the identified risks.
                     Product authorisation can only be granted where the application demonstrates that risks can be reduced to acceptable levels.’

         (1)  For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm