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32004L0080

Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims

Official Journal L 261 , 06/08/2004 P. 0015 - 0018

 Council Directive  2004/80/EC of  29 April 2004  relating to compensation to crime victims

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 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 European Economic and Social Committee(3),

Whereas:

(1) One of the objectives of the European Community is to abolish, as between Member States, obstacles to the free movement of persons and services.

(2) The Court of Justice held in the Cowan(4) Case that, when Community law guarantees to a natural person the freedom to go to another Member State, the protection of that person from harm in the Member State in question, on the same basis as that of nationals and persons residing there, is a corollary of that freedom of movement. Measures to facilitate compensation to victims of crimes should form part of the realisation of this objective.

(3) At its meeting in Tampere on  15  and  16 October 1999 , the European Council called for the drawing-up of minimum standards on the protection of the victims of crime, in particular on crime victims' access to justice and their rights to compensation for damages, including legal costs.

(4) The Brussels European Council, meeting on  25  and  26 March 2004 , in the Declaration on Combating Terrorism, called for the adoption of this Directive before  1 May 2004 .

(5) On  15 March 2001  the Council adopted Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings.(5) This Decision, based on Title VI of the Treaty on the European Union, allows crime victims to claim compensation from the offender in the course of criminal proceedings.

(6) Crime victims in the European Union should be entitled to fair and appropriate compensation for the injuries they have suffered, regardless of where in the European Community the crime was committed

(7) This Directive sets up a system of cooperation to facilitate access to compensation to victims of crimes in cross-border situations, which should operate on the basis of Member States' schemes on compensation to victims of violent intentional crime, committed in their respective territories. Therefore, a compensation mechanism should be in place in all Member States.

(8) Most Member States have already established such compensation schemes, some of them in fulfilment of their obligations under the European Convention of  24 November 1983  on the compensation of victims of violent crimes.

(9) Since the measures contained in this Directive are necessary in order to attain objectives of the Community and the Treaty provides for no powers other than those in Article 308 thereof for the adoption of this Directive, that Article should be applied.

(10) Crime victims will often not be able to obtain compensation from the offender, since the offender may lack the necessary means to satisfy a judgment on damages or because the offender cannot be identified or prosecuted.

(11) A system of cooperation between the authorities of the Member States should be introduced to facilitate access to compensation in cases where the crime was committed in a Member State other than that of the victim's residence.

(12) This system should ensure that crime victims could always turn to an authority in their Member State of residence and should ease any practical and linguistic difficulties that occur in a cross-border situation.

(13) The system should include the provisions necessary for allowing the crime victim to find the information needed to make the application and for allowing for efficient cooperation between the authorities involved.

(14) This Directive respects the fundamental rights and observes the principles reaffirmed in particular by the Charter of Fundamental Rights of the European Union as general principles of Community law.

(15) Since the objective of facilitating access to compensation to victims of crimes of cross-border situations cannot be sufficiently achieved by the Member States because of the cross-border elements 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.

(16) The measures necessary for the implementation of the Directive should be adopted in accordance with Council Decision 1999/468/EC of  28 June 1999  laying down the procedures for the exercise of implementing powers conferred on the Commission(6),

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

ACCESS TO COMPENSATION IN CROSS-BORDER SITUATIONS

Article 1

Right to submit an application in the Member State of residence

Member States shall ensure that where a violent intentional crime has been committed in a Member State other than the Member State where the applicant for compensation is habitually resident, the applicant shall have the right to submit the application to an authority or any other body in the latter Member State.

Article 2

Responsibility for paying compensation

Compensation shall be paid by the competent authority of the Member State on whose territory the crime was committed.

Article 3

Responsible authorities and administrative procedures

1. Member States shall establish or designate one or several authorities or any other bodies, hereinafter referred to as  «assisting authority or authorities» , to be responsible for applying Article 1.

2. Member States shall establish or designate one or several authorities or any other bodies to be responsible for deciding upon applications for compensation, hereinafter referred to as  «deciding authority or authorities» .

3. Member States shall endeavour to keep to a minimum the administrative formalities required of an applicant for compensation.

Article 4

Information to potential applicants

Member States shall ensure that potential applicants for compensation have access to essential information on the possibilities to apply for compensation, by any means Member States deem appropriate.

Article 5

Assistance to the applicant

1. The assisting authority shall provide the applicant with the information referred to in Article 4 and the required application forms, on the basis of the manual drawn up in accordance with Article 13(2).

2. The assisting authority shall, upon the request of the applicant, provide him or her with general guidance and information on how the application should be completed and what supporting documentation may be required.

3. The assisting authority shall not make any assessment of the application.

Article 6

Transmission of applications

1. The assisting authority shall transmit the application and any supporting documentation as quickly as possible to the deciding authority.

2. The assisting authority shall transmit the application using the standard form referred to in Article 14.

3. The language of the application and any supporting documentation shall be determined in accordance with Article 11(1).

Article 7

Receipt of applications

Upon receipt of an application transmitted in accordance with Article 6, the deciding authority shall send the following information as soon as possible to the assisting authority and to the applicant:

(a) the contact person or the department responsible for handling the matter;

(b) an acknowledgement of receipt of the application;

(c) if possible, an indication of the approximate time by which a decision on the application will be made.

Article 8

Requests for supplementary information

The assisting authority shall if necessary provide general guidance to the applicant in meeting any request for supplementary information from the deciding authority.

It shall upon the request of the applicant subsequently transmit it as soon as possible directly to the deciding authority, enclosing, where appropriate, a list of any supporting documentation transmitted.

Article 9

Hearing of the applicant

1. If the deciding authority decides, in accordance with the law of its Member State, to hear the applicant or any other person such as a witness or an expert, it may contact the assisting authority for the purpose of arranging for:

(a) the person(s) to be heard directly by the deciding authority, in accordance with the law of its Member State, through the use in particular of telephone- or video-conferencing; or

(b) the person(s) to be heard by the assisting authority, in accordance with the law of its Member State, which will subsequently transmit a report of the hearing to the deciding authority.

2. The direct hearing in accordance with paragraph 1(a) may only take place in cooperation with the assisting authority and on a voluntary basis without the possibility of coercive measures being imposed by the deciding authority.

Article 10

Communication of the decision

The deciding authority shall send the decision on the application for compensation, by using the standard form referred to in Article 14, to the applicant and to the assisting authority, as soon as possible, in accordance with national law, after the decision has been taken.

Article 11

Other provisions

1. Information transmitted between the authorities pursuant to Articles 6 to 10 shall be expressed in:

(a) the official languages or one of the languages of the Member State of the authority to which the information is sent, which corresponds to one of the languages of the Community institutions; or

(b) another language of the Community institutions that that Member State has indicated it can accept;

with the exception of:

(i) the full text of decisions taken by the deciding authority, where the use of languages shall be governed by the law of its Member State;

(ii) reports drawn up following a hearing in accordance with Article 9(1)(b), where the use of languages shall be determined by the assisting authority, subject to the requirement that it corresponds to one of the languages of the Community institutions.

2. Services rendered by the assisting authority in accordance with Articles 1 to 10 shall not give rise to a claim for any reimbursement of charges or costs from the applicant or from the deciding authority.

3. Application forms and any other documentation transmitted in accordance with Articles 6 to 10 shall be exempted from authentication or any equivalent formality.

CHAPTER II

NATIONAL SCHEMES ON COMPENSATION

Article 12

1. The rules on access to compensation in cross-border situations drawn up by this Directive shall operate on the basis of Member States' schemes on compensation to victims of violent intentional crime committed in their respective territories.

2. All Member States shall ensure that their national rules provide for the existence of a scheme on compensation to victims of violent intentional crimes committed in their respective territories, which guarantees fair and appropriate compensation to victims.

CHAPTER III

IMPLEMENTING PROVISIONS

Article 13

Information to be sent to the Commission and the manual

1. Member States shall, no later than  1 July 2005 , send to the Commission details of:

(a) the list of authorities established or designated in accordance with Articles 3(1) and 3(2), including, where appropriate, information on the special and territorial jurisdiction of these authorities;

(b) the language(s) referred to in Article 11(1)(a) which the authorities can accept for the purpose of applying Articles 6 to 10 and the official language or languages other than its own which is or are acceptable to it for the transmission of applications in accordance with Article 11(1)(b).

(c) the information established in accordance with Article 4;

(d) the application forms for compensation;

Member States shall inform the Commission of any subsequent changes to this information.

2. The Commission shall, in cooperation with the Member States establish and publish on the internet a manual containing the information provided by the Member States pursuant to paragraph 1. The Commission shall be responsible for arranging the necessary translations of the manual.

Article 14

Standard form for transmission of applications and decisions

Standard forms shall be established, at the latest by  31 October 2005 , for the transmission of applications and decisions in accordance with the procedure referred to in Article 15(2).

Article 15

Committee

1. The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.

3. The Committee shall adopt its Rules of Procedure.

Article 16

Central contact points

Member States shall appoint a central contact point for the purposes of:

(a) assisting with the implementation of Article 13(2);

(b) furthering close cooperation and exchange of information between the assisting and deciding authorities in the Member States; and

(c) giving assistance and seeking solutions to any difficulties that may occur in the application of Articles 1 to 10.

The contact points shall meet regularly.

Article 17

More favourable provisions

This Directive shall not prevent Member States, in so far as such provisions are compatible with this Directive, from:

(a) introducing or maintaining more favourable provisions for the benefit of victims of crime or any other persons affected by crime;

(b) introducing or retaining provisions for the purpose of compensating victims of crime committed outside their territory, or any other person affected by such a crime, subject to any conditions that Member States may specify for that purpose.

Article 18

Implementation

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by  1 January 2006  at the latest, with the exception of Article 12(2), in which case the date of compliance shall be  1 July 2005 . They shall forthwith inform the Commission thereof.

2. Member States may provide that the measures necessary to comply with this Directive shall apply only to applicants whose injuries result from crimes committed after  30 June 2005 .

3. When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

4. Member States shall communicate to the Commission the text of the main provisions of domestic law, which they adopt in the field governed by this Directive.

Article 19

Review

No later than by  1 January 2009 , the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Directive.

Article 20

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the  Official Journal of the European Union .

Article 21

Addressees

This Directive is addressed to the Member States.

Done at Luxembourg,  29 April 2004 .

 For the Council

 The President

M. Mc Dowell

(1) OJ C 45 E, 25.2.2003, p. 69.

(2) Opinion delivered on  23 October 2003  (not yet published in the Official Journal).

(3) OJ C 95, 23.4.2003, p. 40.

(4) Case 186/87, European Court reports 1989, p. 195.

(5) OJ L 82, 22.3.2001, p. 1.

(6) OJ L 184, 17.7.1999, p. 23.


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32002L0026

Commission Directive 2002/26/EC of 13 March 2002 laying down the sampling methods and the methods of analysis for the official control of the levels of ochratoxin A in foodstuffs (Text with EEA relevance)

Official Journal L 075 , 16/03/2002 P. 0038 - 0043

Commission Directive 2002/26/ECof 13 March 2002laying down the sampling methods and the methods of analysis for the official control of the levels of ochratoxin A in foodstuffs(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food(1), and in particular Article 2 thereof,Having regard to Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption(2), and in particular Article 1 thereof,Whereas:(1) Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs(3), as last amended by Regulation (EC) No 472/2002(4), fixes maximum limits for ochratoxin A in certain foodstuffs.(2) Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs(5) introduces a system of quality standards for laboratories entrusted by the Member States with the official control of foodstuffs.(3) Sampling plays a crucial part in the precision of the determination of the levels of ochratoxin A, which are very heterogeneously distributed in a lot.(4) It seems necessary to fix general criteria, which the method of analysis has to comply with in order to ensure that laboratories, in charge of the control, use methods of analysis with comparable levels of performance.(5) The provisions for the sampling and methods of analysis have been drawn up on the basis of present knowledge and they may be adapted to take account of advances in scientific and technological knowledge.(6) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1The Member States shall take all measures necessary to ensure that the sampling for the official control of the levels of ochratoxin A in foodstuffs is carried out in accordance with the methods described in Annex I to this Directive.Article 2The Member States shall take all measures necessary to ensure that sample preparation and methods of analyses used for the official control of the levels of ochratoxin A in foodstuffs comply with the criteria described in Annex II to this Directive.Article 3Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 28 February 2003 at the latest. They shall forthwith inform the Commission thereof.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.Article 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 13 March 2002.For the CommissionDavid ByrneMember of the Commission(1) OJ L 37, 13.2.1993, p. 1.(2) OJ L 372, 31.12.1985, p. 50.(3) OJ L 77, 16.3.2001, p. 1.(4) See page 18 of this Official Journal.(5) OJ L 290, 24.11.1993, p. 14.ANNEX IMETHODS OF SAMPLING FOR OFFICIAL CONTROL OF THE LEVELS OF OCHRATOXIN A IN CERTAIN FOODSTUFFS1. Purpose and scopeSamples intended for official checking of the levels of ochratoxin A content in foodstuffs shall be taken according to the methods described below. Aggregate samples thus obtained shall be considered as representative of the lots. Compliance with maximum limits laid down in Regulation (EC) No 466/2001 shall be established on the basis of the levels determined in the laboratory samples.2. DefinitionsLot: an identifiable quantity of a food commodity delivered at one time and determined by the official to have common characteristics, such as origin, variety, type of packing, packer, consignor or markingsSublot: designated part of a lot in order to apply the sampling method on that designated part. Each sublot must be physically separate and identifiableIncremental sample: a quantity of material taken from a single place in the lot or sublotAggregate sample: the combined total of all the incremental samples taken from the lot or sublot.3. General provisions3.1. PersonnelSampling shall be performed by an authorised person as specified by the Member States.3.2. Material to be sampledEach lot which is to be examined must be sampled separately. In accordance with the specific provisions of this Annex, large lots should be subdivided into sublots to be sampled separately.3.3. Precautions to be takenIn the course of sampling and preparation of the samples precautions must be taken to avoid any changes which would affect the ochratoxin A content, adversely affect the analytical determination or make the aggregate samples unrepresentative.3.4. Incremental samplesAs far as possible incremental samples should be taken at various places distributed throughout the lot or sublot. Departure from this procedure must be recorded in the record.3.5. Preparation of the aggregate sampleThe aggregate sample is made up by uniting the incremental samples.3.6. Replicate samplesThe replicate samples for enforcement, trade (defence) and referee purposes are to be taken from the homogenised sample, unless this conflicts with Member States' rules on sampling.3.7. Packaging and transmission of samplesEach sample shall be placed in a clean, inert container offering adequate protection from contamination and against damage in transit. All necessary precautions shall be taken to avoid any change in composition of the sample, which might arise during transportation or storage.3.8. Sealing and labelling of samplesEach sample taken for official use shall be sealed at the place of sampling and identified following the Member State's regulations.A record must be kept of each sampling, permitting each lot to be identified unambiguously and giving the date and place of sampling together with any additional information likely to be of assistance to the analyst.4. Specific provisions4.1. Different types of lotsFood commodities may be traded in bulk, containers, or individual packings (sacks, bags, retail packings, etc.). The sampling procedure can be applied to all the different forms in which the commodities are put on the market.Without prejudice to the specific provisions as laid down in points 4.3, 4.4 and 4.5 of this Annex, the following formula can be used as a guide for the sampling of lots traded in individual packings (sacks, bags, retail packings, etc.):>PIC FILE= "L_2002075EN.004001.TIF">- Weight: in kg- Sampling Frequency (SF): every nth sack or bag from which an incremental sample must be taken (decimal figures should be rounded to the nearest whole number).4.2. Weight of the aggregate sampleThe weight of the incremental sample should be about 100 grams, unless otherwise defined in this Annex. In the case of lots in retail packings, the weight of the incremental sample depends on the weight of the retail packing.4.3. General survey of the sampling procedure for cereals and dried vine fruitTable 1: Subdivision of lots into sublots depending on product and lot weight>TABLE>4.4. Sampling procedure for cereals and cereal products (lots >= 50 tonnes) and dried vine fruit (lots >= 15 tonnes)- On condition that the sublot can be separated physically, each lot must be subdivided into sublots following Table 1. Taking into account that the weight of the lot is not always an exact multiple of the weight of the sublots, the weight of the sublot may exceed the mentioned weight by a maximum of 20 %.- Each sublot must be sampled separately.- Number of incremental samples: 100. In the case of lots of cereals under 50 tonnes and lots of dried vine fruit under 15 tonnes, see point 4.5. Weight of the aggregate sample = 10 kg.- If it is not possible to carry out the method of sampling described above because of the commercial consequences resulting from damage to the lot (because of packaging forms, means of transport, etc.) an alternative method of sampling may be applied provided that it is as representative as possible and is fully described and documented.4.5. Sampling provisions for cereals and cereal products (lots <  50 tonnes) and for dried vine fruit (lots <  15 tonnes)For cereal lots under 50 tonnes and for dried vine fruit lots under 15 tonnes, the sampling plan has to be used with 10 to 100 incremental samples, depending on the lot weight, resulting in an aggregate sample of 1 to 10 kg.The figures in the following table can be used to determine the number of incremental samples to be taken.Table 2: Number of incremental samples to be taken depending on the weight of the lot of cereals>TABLE>Table 3: Number of incremental samples to be taken depending on the weight of the lot of dried vine fruit>TABLE>4.6. Sampling at retail stageSampling of foodstuffs at the retail stage should be done where possible in accordance with the above sampling provisions. Where this is not possible, other effective sampling procedures at retail stage can be used provided that they ensure sufficient representativeness for the sampled lot.5. Acceptance of a lot or sublot- Acceptance if the aggregate sample conforms to the maximum limit.- Rejection if the aggregate sample exceeds the maximum limit.ANNEX IISAMPLE PREPARATION AND CRITERIA FOR METHODS OF ANALYSIS USED IN OFFICIAL CHECKING OF THE LEVELS OF OCHRATOXIN A IN CERTAIN FOODSTUFFS1. PrecautionsAs the distribution of ochratoxin A is non-homogeneous, samples should be prepared - and especially homogenised - with extreme care.All the material received by the laboratory is to be used for the preparation of test material.2. Treatment of the sample as received in the laboratoryFinely grind and mix thoroughly the complete aggregate sample using a process that has been demonstrated to achieve complete homogenisation.3. Subdivision of samples for enforcement and defence purposesThe replicate samples for enforcement, trade (defence) and referee purposes shall be taken from the homogenised material unless this conflicts with Member States' rules on sampling.4. Method of analysis to be used by the laboratory and laboratory control requirements4.1. DefinitionsA number of the most commonly used definitions that the laboratory will be required to use are given below:The most commonly quoted precision parameters are repeatability and reproducibility.r= Repeatability, the value below which the absolute difference between two single test results obtained under repeatability conditions (i.e. same sample, same operator, same apparatus, same laboratory, and short interval of time) may be expected to lie within a specific probability (typically 95 %) and hence r = 2,8 × srsr= 1 Standard deviation, calculated from results generated under repeatability conditionsRSDr = Relative standard deviation, calculated from results generated under repeatability conditions>REFERENCE TO A GRAPHIC>where>REFERENCE TO A GRAPHIC>is the average of results over all laboratories and samplesR = Reproducibility, the value below which the absolute difference between single test results obtained under reproducibility conditions (i.e. on identical material obtained by operators in different laboratories, using the standardised test method) may be expected to lie within a certain probability (typically 95 %); R = 2,8 × sRsR = Standard deviation, calculated from results under reproducibility conditionsRSDR = Relative standard deviation calculated from results generated under reproducibility conditions>REFERENCE TO A GRAPHIC>.4.2. General requirementsMethods of analysis used for food control purposes must comply with the provisions of items 1 and 2 of the Annex to Directive 85/591/EEC concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption.4.3. Specific requirementsWhere no specific methods for the determination of ochratoxin A levels in foodstuffs are prescribed at Community level, laboratories may select any method provided the selected method meets the following criteria:Performance characteristics for ochratoxin A>TABLE>- The detection limits of the methods used are not stated as the precision values are given at the concentrations of interest.- The precision values are calculated from the Horwitz equation:>REFERENCE TO A GRAPHIC>where:- RSDR is the relative standard deviation calculated from results generated under reproducibility conditions>REFERENCE TO A GRAPHIC>,- C is the concentration ratio (i.e. 1 = 100 g/100 g, 0,001 = 1,000 mg/kg).This is a generalised precision equation, which has been found to be independent of analyte and matrix but solely dependent on concentration for most routine methods of analysis.4.4. Recovery calculationThe analytical result is to be reported corrected or uncorrected for recovery. The manner of reporting and the level of recovery must be reported.4.5. Laboratory quality standardsLaboratories must comply with Directive 93/99/EEC on the subject of additional measures concerning the official control of foodstuffs.


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31996L0072

Council Directive 96/72/EC of 18 November 1996 amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed

Official Journal L 304 , 27/11/1996 P. 0010 - 0011

COUNCIL DIRECTIVE 96/72/EC of 18 November 1996 amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),Whereas Article G of the Treaty on European Union replaced the term 'European Economic Community` by the term 'European Community`; whereas the abbreviation 'EEC` should therefore be replaced by the abbreviation 'EC`;Whereas the abbreviation 'EEC` appears in certain provisions of Directives 66/400/EEC (4), 66/401/EEC (5), 66/402/EEC (6), 66/403/EEC (7), 69/208/EEC (8), and 70/458/EEC (9) on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and in particular in relation to packages and the labelling of seeds; whereas it is therefore appropriate to replace the abbreviation 'EEC` by the abbreviation 'EC` in the said provisions;Whereas, however, large stocks of labels are usually ordered in advance and those still bearing the abbreviation 'EEC` should, for a phasing-in period, continue to be allowed to be used,HAS ADOPTED THIS DIRECTIVE:Article 1 Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC and 70/458/EEC shall be amended as follows:1. In Directive 66/400/EEC, the abbreviation 'EEC` in:- Article 2. 1. G.,- Article 10 (1), (2) and (3),- Article 11 (1),- Article 11a (1) and (2),- Article 11b,- Article 14 (1) second indent, and- Annex III A I and B, title and point 1,shall be replaced by the abbreviation 'EC`.2. In Directive 66/401/EEC, the abbreviation 'EEC` in:- Article 2. 1. F and G,- Article 9 (1), (2) and (3),- Article 10 (1),- Article 10a (1) and (2),- Article 10b,- Article 13 (3),- Article 14 (1) third indent,- Annex IV A I (a) 1 and (b) 1, and- Annex IV B, title, point (a) 1, point (b) 1 and point (c) 1, 3, 4, 5, 6 and 7,shall be replaced by the abbreviation 'EC`.3. In Directive 66/402/EEC, the abbreviation 'EEC` in Annex IV A, (a) 1 shall be replaced by the abbreviation 'EC`.4. In Directive 66/403/EEC, the abbreviation 'EEC` in Annex III, A, 1 shall be replaced by the abbreviation 'EC`.5. In Directive 69/208/EEC, the abbreviation 'EEC` in Annex IV, A, (a) 1 and Annex IV, A, (b) 1 shall be replaced by the abbreviation 'EC`.6. In Directive 70/458/EEC the abbreviation 'EEC` in:- Article 25 (1), and- Annex IV, A, (a) 1 and B, (a) 1,shall be replaced by the abbreviation 'EC`.Article 2 Remaining stocks of labels bearing the abbreviation 'EEC` may continue to be used until 31 December 2001.Article 3 1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive on 1 July 1997. They shall forthwith inform the Commission thereof.When Member States adopt these measures they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.2. Member States shall immediately communicate to the Commission the provisions of national law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 4 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 18 November 1996.For the CouncilThe PresidentI. YATES(1) OJ No C 157, 1. 6. 1996, p. 15.(2) OJ No C 166, 10. 6. 1996, p. 243.(3) Opinion delivered on 25 September 1996 (not yet published in the Official Journal).(4) OJ No 125, 11. 7. 1966, p. 2290/66. Directive as last amended by the 1994 Treaty of Accession.(5) OJ No 125, 11. 7. 1966, p. 2298/66. Directive as last amended by Commission Directive 96/18/EC (OJ No L 76, 26. 3. 1996, p. 21).(6) OJ No 125, 11. 7. 1966, p. 2309/66. Directive as last amended by Commission Directive 95/6/EC (OJ No L 67, 25. 3. 1995, p. 30).(7) OJ No 125, 11. 7. 1966, p. 2320/66. Directive as last amended by Commission Decision 96/16/EC (OJ No L 6, 9. 1. 1996, p. 19).(8) OJ No L 169, 10. 7. 1969, p. 3. Directive as last amended by Commission Directive 96/18/EC (OJ No L 76, 26. 3. 1996, p. 21).(9) OJ No L 225, 12. 10. 1970, p. 7. Directive as last amended by Commission Directive 96/18/EC (OJ No L 76, 26. 3. 1996, p. 21).


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31986L0544

Council Directive 86/544/EEC of 10 November 1986 amending Directive 75/130/EEC on the establishment of common rules for certain types of combined transport of goods between Member States

Official Journal L 320 , 15/11/1986 P. 0033 - 0034

*****COUNCIL  DIRECTIVE  of 10 November 1986  amending Directive 75/130/EEC on the establishment of common rules for certain types of combined transport of goods between Member States  (86/544/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 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 the application of Directive 75/130/EEC (4), as last amended by Directive 82/603/EEC (5), has led to positive results;  Whereas the development of combined transport is in the general interest;  Whereas the continuing development of combined transport over the last few years requires the present Community rules to be amended in order better to exploit the possibilities afforded by the various techniques;  Whereas access by own-account transport to combined transport should be facilitated,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 75/130/EEC is hereby amended as follows:  (1) the third indent of Article 1 (1) shall be replaced by the following:  '- combined transport by inland waterway means the transport of lorries, trailers, semi-trailers with or without tractor, swap bodies and containers of 20 feet or more by inland waterway between Member States, including initial and final sections of road transport runs within a radius of 50 km as the crow flies from the inland-waterway port of loading or unloading.';  (2) Article 4 (1) shall be replaced by the following:  '1. When a frontier is crossed on the road journey before the journey by rail or inland waterway, Member States may require the operator to prove by means of an appropriate document that a reservation has been made for the transport by rail or by inland waterway of the tractor unit, lorry, trailer, semi-trailer, or the swap bodies thereof, and of the container of 20 feet or more.';  (3) Article 9 shall be replaced by the following:  'Article 9  Where a trailer or semi-trailer belonging to an undertaking engaged in own-account combined transport is hauled on a final section by a tractor belonging to an  undertaking engaged in transport for hire or reward, the transport operation so effected shall be exempt from presentation of the document provided for in Article 3, but another document shall be provided giving evidence of the journey covered or to be covered by rail or by inland waterway.'.  Article 2  Member States shall take the measures necessary to comply with this Directive before 1 July 1987. They shall inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 10 November 1986.  For the Council  The President  J. MOORE  (1) OJ No C 139, 7. 6. 1985, p. 2 and  OJ No C 144, 11. 6. 1986, p. 11.  (2) OJ No C 68, 24. 3. 1986, p. 167.  (3) OJ No C 330, 20. 12. 1985, p. 5.  (4) OJ No L 48, 22. 2. 1975, p. 31.  (5) OJ No L 247, 23. 8. 1982, p. 6.


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31996L0017

Council Directive 96/17/EC of 19 March 1996 amending the Annex to Directive 85/73/EEC on the financing of veterinary inspections and controls of animal products covered by Annex A to Directive 89/662/EEC and by Directive 90/675/EEC

Official Journal L 078 , 28/03/1996 P. 0030 - 0030

COUNCIL DIRECTIVE 96/17/EC of 19 March 1996 amending the Annex to Directive 85/73/EEC on the financing of veterinary inspections and controls of animal products covered by Annex A to Directive 89/662/EEC and by Directive 90/675/EECTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 85/73/EEC of 29 January 1985 on the financing of veterinary inspections and controls of animal products covered by Annex A to Directive 89/662/EEC and by Directive 90/675/EEC (1), and in particular Article 6 (2) thereof,Having regard to the proposal from the Commission (2),Whereas, in the case of poultrymeat covered by Council Directive 71/118/EEC (3), the minimum amount to be collected for ante-mortem and post-mortem inspections has been fixed until 31 December 1995; whereas the Commission has proposed that the status quo be maintained;Whereas the Council has not completed its examination of the proposal; whereas the relevant rules should therefore be extended as a temporary measure, pending a final decision on the matter,HAS ADOPTED THIS DIRECTIVE:Article 1 In Chapter I of the Annex to Directive 85/73/EEC, the words 'Until 31 December 1995` in the introductory part of point 1 (e) are hereby replaced by the words 'until 30 June 1996`.Article 2 1. The Member States shall introduce the laws, regulations and administrative provisions required to comply with this Directive. They shall immediately inform the Commission thereof.When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.2. The Member States shall forward to the Commission the main provisions of national law which they adopt within the scope of this Directive.Article 3 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.It shall apply as from 1 January 1996.Article 4 This Directive is addressed to the Member States.Done at Brussels, 19 March 1996.For the CouncilThe PresidentW. LUCHETTI(1) OJ No L 32, 5. 2. 1985, p. 14. Directive as last amended by Directive 95/24/EC. (OJ No L 243, 11. 10. 1995, p. 14).(2) OJ No C 12, 17. 1. 1996, p. 13.(3) OJ No L 55, 8. 3. 1971, p. 23. Directive as last amended by the 1994 Act of Accession.


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31987L0021

Council Directive 87/21/EEC of 22 December 1986 amending Directive 65/65/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products

Official Journal L 015 , 17/01/1987 P. 0036 - 0037 Finnish special edition: Chapter 13 Volume 16 P. 0093  Swedish special edition: Chapter 13 Volume 16 P. 0093

*****COUNCIL  DIRECTIVE  of 22 December 1986  amending Directive 65/65/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products  (87/21/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas point 8 of the second paragraph of Article 4 of Council Directive 65/65/EEC (4), as last amended by Directive 83/570/EEC (5), provides that various types of proof of the safety and efficacy of a proprietary medicinal product may be put forward in an application for marketing authorization depending upon the objective situation of the proprietary medicinal product in question;  Whereas experience has shown that it is advisable to stipulate more precisely the cases in which the results of pharmacological and toxicological tests or clinical trials do not have to be provided with a view to obtaining authorization for a proprietary medicinal product which is essentially similar to an authorized product, while ensuring that innovative firms are not placed at a disadvantage;  Whereas additional details were provided in respect of the application of the abovementioned provision by Council Directive 75/318/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to analytical, pharmaco-toxicological and clinical standards and protocols in respect of the testing of proprietary medicinal products (6), as last amended by Directive 87/19/EEC (7);  Whereas, however, there are reasons of public policy for not conducting repetitive tests on humans or animals without over-riding cause;  Whereas it is also advisable to make the packaging of certain proprietary medicinal products, particularly sought after by drug addicts, less distinctive by removing the obligation to place a special mark on the outer packaging and the container of proprietary medicinal products classified as narcotics;  Whereas the Hellenic Republic, the Kingdom of Spain and the Portuguese Republic should have additional time to transpose this Directive so that they may as a priority complete the review of old proprietary medicinal products as provided for in Article 39 of the Council Directive 75/319/EEC of 20 May 1975 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products (8) as last amended by Directive 83/570/EEC,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 65/65/EEC is hereby amended as follows:  1. Point 8 of the second paragraph of Article 4 shall be replaced by the following text:  '8. Results of:  - physico-chemical, biological or microbiological tests,  - pharmacological and toxicological tests,  - clinical trials.  However, and without prejudice to the law relating to the protection of industrial and commercial property:  (a) The applicant shall not be required to provide the results of pharmacological and toxicological tests or the results of clinical trials if he can demonstrate:  (i) either that the proprietary medicinal product is essentially similar to a product authorized in the country concerned by the application and that the person responsible for the marketing of the original proprietary medicinal product has consented to the pharmacological, toxicological or clinical references contained in the file on the original proprietary medicinal product being used for the purpose of examining the application in question;  (ii) or by detailed references to published scientific literature presented in accordance with the second paragraph of Article 1 of Directive 75/318/EEC that the constituent or constituents of the proprietary medicinal product have a well established medicinal use, with recognized efficacy and an acceptable level of safety;  (iii) or that the proprietary medicinal product is essentially similar to a product which has been authorized within the Community, in accordance with Community provisions in force, for not less than six years and is marketed in the Member State for which the application is made; this period shall be extended to 10 years in the case of high-technology medicinal products within the meaning of Part A in the Annex to Directive 87/22/EEC (1) or of a medicinal product within the meaning of Part B in the Annex to that Directive for which the procedure laid down in Article 2 thereof has been followed; furthermore, a Member State may also extend this period to 10 years by a single Decision covering all the products marketed on its territory where it considers this necessary in the interest of public health. Member States are at liberty not to apply the abovementioned six-year period beyond the date of expiry of a patent protecting the original product.  However, where the proprietary medicinal product is intended for a different therapeutic use from that of the other proprietary medicinal products marketed or is to be administered by different routes or in different doses, the results of appropriate pharmacological and toxicological tests and/or of appropriate clinical trials must be provided.  (b) In the case of new proprietary medicinal products containing known constituents not hitherto used in combination for therapeutic purposes, the results of pharmacological and toxicological tests and of clinical trials relating to that combination must be provided, but it shall not be necessary to provide references relating to each individual constituent.  (1) OJ No L 15, 17. 1. 1987, p. 38.';  2. Article 16 is hereby repealed.  Article 2  Member States shall take the measures necessary to comply with this Directive no later than 1 July 1987. They shall forthwith inform the Commission thereof.  However, with regard to the Hellenic Republic, the Kingdom of Spain and the Portuguese Republic, the date referred to in the first paragraph shall be replaced by 1 January 1992.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 22 December 1986.  For the Council  The President  G. SHAW  (1) OJ No C 293, 5. 11. 1984, p. 8.  (2) OJ No C 36, 17. 2. 1986, p. 152.  (3) OJ No C 160, 1. 7. 1985, p. 18.  (4) OJ No 22, 9. 2. 1965, p. 369/65.  (5) OJ No L 332, 28. 11. 1983, p. 1.  (6) OJ No L 147, 9. 6. 1975, p. 1.  (7) See page 31 of this Official Journal.  (8) OJ No L 147, 9. 6. 1975, p. 13.


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31985L0350

Council Directive 85/350/EEC of 27 June 1985 concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (Ireland)

Official Journal L 187 , 19/07/1985 P. 0001 - 0033

COUNCIL  DIRECTIVEof 27 June 1985concerning the Community list of less-favoured farming areas within the  meaning of Directive 75/268/EEC (Ireland)(85/350/EEC)THE COUNCIL OF THE EUROPEAN  COMMUNITIES,Having regard to the Treaty establishing the European Economic Community,Having regard  to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in  certain less-favoured areas (1), as last amended by Directive 82/786/EEC (2), and in particular  Article 2 (2) thereof,Having regard to the proposal from the Commission,Having regard to the  opinion of the European Parliament (3),Whereas Council Directive 75/272/EEC of 28 April 1975  concerning the Community list of less-favoured farming areas within the meaning of Directive  75/268/EEC (Ireland) (4), indicates which areas in Ireland are included in the Community list  within the meaning of Article 3 (4) of Directive 75/268/EEC;Whereas, pursuant to Article 2 (1) of  Directive 75/268/EEC, the Government of Ireland has requested an extension, via a redefinition, of  its less-favoured areas; whereas Directive 75/272/EEC should therefore be replaced by this  Directive; Whereas, pursuant to Article 2 (1) of Directive 75/268/EEC, the Government of Ireland, has  informed the Commission that it wishes a number of areas to be included in the Community list of  less-favoured farming areas; whereas it has supplied information concerning the characteristics of  the areas in question;Whereas the following criteria of the presence of infertile land, as referred  to in Article 3 (4) (a) of Directive 75/268/EEC, were used to define each of the zones in question:  percentage of ploughed area less than 7,8 % and a stocking rate of less than one adult bovine  livestock unit per forage hectare;Whereas the concept of economic results of farming appreciably  below average, as referred to in Article 3 (4) (b) of Directive 75/268/EEC, was defined in terms of  family farm income per male farm worker not exceeding 80 % of the national average;Whereas low  population density, as referred to in Article3 (4) (c) of Directive 75/268/EEC, was defined as not  more than 27 inhabitants per square kilometre (national and Community averages being 49 and 163  inhabitants per square kilometre respectively); whereas the minimum percentage of the total working  population engaged in agriculture is 30 %;Whereas the type and level of the abovementioned criteria  used by the Government of Ireland to define the areas communicated to the Commission comply with  the characteristics of less-favoured farming areas referred to in Article 3 (4) of Directive  75/268/EEC;Whereas the areas adjacent to and contiguous with the Western Region should form part of  the Western Region within the meaning of this Directive, HAS ADOPTED THIS DIRECTIVE:Article 1The areas of Ireland listed in the Annex  hereto shall be included in the Community list of less-favoured farming areas within the meaning of  Article 3 (4) of Directive 75/268/EEC.Article 2Directive 75/272/EEC is hereby repealed. Article 3This Directive is addressed to Ireland.Done at Luxembourg, 27 June 1985.For the  CouncilThe PresidentA. BIONDI(1) OJ N° L 128, 19. 5. 1975, p. 1. (2) OJ N° L 327, 24. 11. 1982, p. 19. (3) OJ N° C 175, 15. 7. 1985. (4) OJ N° L 128, 19. 5. 1975, p. 68.  BILAG   ANHANG   ÐÁÑÁÑÔÇÌÁ   ANNEX   ANNEXE   ALLEGATO   BIJLAGE LESS-FAVOURED AREAS  WITHIN THE MEANING OF ARTICLE 3 (4) OF DIRECTIVE N° 75/268/EEC1.  The Western RegionAll of the  counties of Donegal, Cavan, Monaghan, Sligo, Mayo, Galway, Leitrim, Roscommon, Longford, Clare and  Kerry and that area of County Cork comprising the former Rural Districts of Bantry, Castletown,  Schull and Skibbereen and the District Electoral Divisions of Aultagh, Bealanagarry, Bealock,  Carrigboy, Coolmountain, Dunmanway North, Garrown and Milane in the Rural District of Dunmanway. The District Electoral Divisions of Clonfert East and Clonfert West, Kilmeen, Knockatooan, Rowls  and Williamstown in the Rural District of Kanturk. Bealanageary, Candroma, Cleanrath, Clondrohid, Derryfineen, Gortnatubbrid, Inchigeelagh,  Kilberrihert, Kilnamartery, Rahalisk, Slievereagh and Ullanes in the Rural District of Macroom. The District Electoral Divisions of Caherbarnagh, Coomlogane and Drishane in the Rural District of  Millstreet. The District Electoral Divisions of Barnacurra, Glenlara and Meens in the Rural District of  Kanturk. >TABLE>Parts of County Limerick, comprising:(athe District Electoral Divisions of  Kilfergus and Kilmoylan in the Rural District of Glin(bthe District Electoral Divisions of  Abbeyfeale, Caher, Dromtrasna, Templeglental, Glenagower, Glensharrold, Mountcollins, Port,  Rathronan and Rooskagh in the Rural District of Newcastle(cthe District Electoral Divisions of  Dunmoylan West, Mohernagh in Rathkeale Rural District(dDoon West and Glenstal in Limerick N° 1  Rural District together with Bilboa in Tipperary N° 2 Rural District. >TABLE>2.  The Eastern Region>TABLE>Parts of the DEDs of: (bMountain sheep grazing land in the District Electoral Divisions in the following counties: >TABLE>Mountain sheep grazing land in the following townlands>TABLE>


title: Commission Directive 2009/135/EC of 3 November 2009 allowing temporary derogations to certain eligibility criteria for whole blood and blood components donors laid down in Annex III to Directive 2004/33/EC in the context of a risk of shortage caused by the Influenza A(H1N1) pandemic (Text with EEA relevance)

text:
               4.11.2009

               EN

               Official Journal of the European Union

               L 288/7

      COMMISSION DIRECTIVE 2009/135/EC
   of 3 November 2009
   allowing temporary derogations to certain eligibility criteria for whole blood and blood components donors laid down in Annex III to Directive 2004/33/EC in the context of a risk of shortage caused by the Influenza A(H1N1) pandemic
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2002/98/EC of the European Parliament and the Council of 27 January 2003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components and amending Directive 2001/83/EC (1), and in particular point (d) of the second paragraph of article 29 thereof,
   Whereas:

               (1)

               The ongoing pandemic, recognised by the World Health Organisation (WHO) in accordance with the International Health Regulations (2005), of Influenza A(H1N1), as defined in Commission Decision 2000/96/EC (2) as amended by Commission Decision 2009/539/EC (3) may temporarily put at risk at short term the supply of blood and blood components in the Member States by affecting both donors and the staff of national blood services. Contingency plans may therefore be necessary to secure a continuous supply of blood and blood components. Those plans should combine operational, communication and regulatory instruments.

               (2)

               The available regulatory instruments consist in easing, on an exceptional and temporary basis, some of the eligibility criteria for donors laid down in Annex III to Commission Directive 2004/33/EC of 22 March 2004 implementing Directive 2002/98/EC of the European Parliament and of the Council as regards certain technical requirements for blood and blood components (4) in order to increase the blood supply.

               (3)

               The relaxation of those criteria should be the last recourse measure after organisational measures to optimise the blood supply chain, communication campaigns towards donors and optimisation of the clinical use of blood reveal to be insufficient to compensate a blood shortage or to prevent such a shortage.

               (4)

               The WHO published on 11 October 2007 a recommendation on maintaining safe and adequate blood supply in the event of pandemic influenza (5), providing that any relaxation of eligibility criteria should be limited to pandemic period phase 6 according to the WHO's global influenza preparedness plan (6).

               (5)

               Haemoglobin thresholds of donors set out in point 1.2 of Annex III to Directive 2004/33/EC do not always reflect the actual iron stores of the donors and therefore are not always baseline reference values for diagnosis of anaemia. These are precautionary thresholds insofar as these reference values are lower in some Member States than in others, due to specific population related or regional circumstances As a result persons who could donate safely are discarded due to haemoglobin rates below the regulatory standard. Therefore, in the context of the ongoing Influenza A(H1N1) pandemic, those levels could be reduced by a maximum of 5g/l for both women and men without putting at risk the health of the donors. In any case, the eligibility of each donor is assessed by qualified health professionals in accordance with Article 19 of Directive 2002/98/EC, who may, in appreciation of the effective risk situation, discard the donor concerned.

               (6)

               The European Commission asked the European Centre for Disease Control and Prevention (ECDC) to perform a risk assessment of a temporary reduction of the deferral period of donors after recovery of a flu-like episode in the context of the Influenza A(H1N1) pandemic. The assessment delivered on 9 October 2009 concluded that the increased risk with respect to both donors and recipients, if the deferral period is reduced to 7 days, is very low and in any case should be out-weighted by the risk of blood shortage.

               (7)

               As a matter of urgency, the Member States should therefore be allowed to derogate exceptionally and temporarily from those eligibility criteria, provided that the conditions set out in this Directive are met.

               (8)

               Having regard to the imminent nature of the risk of shortage caused by the ongoing Influenza A(H1N1) pandemic, this Directive should enter into force immediately so as to enable the Member States to transpose it and to put in place the necessary measures within the shortest time possible.

               (9)

               The measures provided for in this Directive are designed to respond to a temporary situation related to the specific Influenza A(H1N1) virus. This Directive should therefore apply until 30 June 2010. By then, the 2009/2010 peak period of the Influenza A(H1N1) pandemic should have elapsed, the risks of shortage should thus have at least lessened, and more detailed data on the epidemiology of the disease and on vaccination will be available.

               (10)

               The measures provided for in this Directive are in accordance with the opinion of the Committee set up by Article 28 of Directive 2002/98/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Derogations to certain eligibility criteria for donors
   1.   Member States confronted with a serious risk of shortage or an actual shortage in the supply of blood and blood components directly due to the A(H1N1) Influenza pandemic, may, on a temporary basis:

               (a)

               by way of derogation from point 1.2 of Annex III to Directive 2004/33/EC, reduce the minimum haemoglobin levels in donors blood to no less than 120 g/l for females and 130 g/l for males;
               and/or

               (b)

               by way of derogation from point 2.2.1 of Annex III to Directive 2004/33/EC, apply a deferral period of no less than 7 days after cessation of symptoms of a flu-like illness.

         2.   The implementation of the derogations referred to in paragraph 1 shall be subject to the following conditions:

               (a)

               the Member State concerned shall inform the Commission without delay of the measures it intends to take or has taken pursuant to paragraph 1;

               (b)

               the Member State shall communicate to the Commission justifications as to the necessity of those measures, notably as to the extent of the risk of shortage, or of the actual shortage, of blood and blood components, including a description of the criteria and methodology used to assess that necessity;

               (c)

               as soon as, according to the same criteria and methodology referred to in point (b), the supply of blood and blood components comes back to a sufficient level, the Member State concerned shall terminate the implementation of the temporary derogations referred to in paragraph 1 and inform the Commission thereof.

         Article 2
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2009 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   Entry into force
   This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   It shall apply until 30 June 2010.
   Article 4
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 3 November 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 33, 8.2.2003, p. 30.

      (2)  OJ L 28, 3.2.2000, p. 50.

      (3)  OJ L 180, 11.7.2009, p. 22.

      (4)  OJ L 91, 30.3.2004, p. 25.

      (5)  Donor Selection Guidelines in Pandemic Situations (Blood Regulators Network) http://www.who.int/bloodproducts/brn/DonorSelectionincaseofPandemicSituations.pdf

      (6)  http://www.who.int/csr/resources/publications/influenza/WHO_CDS_CSR_GIP_2005_5/en/index.html


title: Commission Directive 2011/74/EU of 29 July 2011 amending, for the purposes of its adaptation to technical progress, Annex II to Directive 96/73/EC of the European Parliament and of the Council on certain methods for quantitative analysis of binary textile fibre mixtures Text with EEA relevance

text:
               30.7.2011

               EN

               Official Journal of the European Union

               L 198/32

         COMMISSION DIRECTIVE 2011/74/EU
   of 29 July 2011
   amending, for the purposes of its adaptation to technical progress, Annex II to Directive 96/73/EC of the European Parliament and of the Council on certain methods for quantitative analysis of binary textile fibre mixtures
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 96/73/EC of the European Parliament and of the Council of 16 December 1996 on certain methods for quantitative analysis of binary textile fibre mixtures (1), and in particular Article 5 thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               It is therefore necessary to define uniform test methods for polypropylene/polyamide bicomponent.

               (5)

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

               (6)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex II to Directive 96/73/EC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 July 2012 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 29 July 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 32, 3.2.1997, p. 1.

      (2)  OJ L 19, 23.1.2009, p. 29.

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

                  (1)

                  the Summary Table is replaced by the following:
                  ‘2.   SUMMARY TABLE

                              Method

                              Field of application (1)

                              Reagent

                              Soluble component

                              Insoluble component

                              1.

                              Acetate

                              Certain other fibres

                              Acetone

                              2.

                              Certain protein fibres

                              Certain other fibres

                              Hypochlorite

                              3.

                              Viscose, cupro or certain types of modal

                              Certain other fibres

                              Formic acid and zinc chloride

                              4.

                              Polyamide or nylon

                              Certain other fibres

                              Formic acid, 80 % m/m

                              5.

                              Acetate

                              Certain other fibres

                              Benzyl alcohol

                              6.

                              Triacetate or polylactide

                              Certain other fibres

                              Dichloromethane

                              7.

                              Certain cellulose fibres

                              Certain other fibres

                              Sulphuric acid, 75 % m/m

                              8.

                              Acrylics, certain modacrylics or certain chlorofibres

                              Certain other fibres

                              Dimethylformamide

                              9.

                              Certain chlorofibres

                              Certain other fibres

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

                              10.

                              Acetate

                              Certain other fibres

                              Glacial acetic acid

                              11.

                              Silk, polyamide or nylon

                              Certain other fibres

                              Sulphuric acid, 75 % m/m

                              12.

                              Jute

                              Certain animal fibres

                              Nitrogen content method

                              13.

                              Polypropylene

                              Certain other fibres

                              Xylene

                              14.

                              Certain fibres

                              Certain other fibres

                              Concentrated sulphuric acid method

                              15.

                              Chlorofibres, certain modacrylics, certain elastanes, acetates, triacetates

                              Certain other fibres

                              Cyclohexanone

                              16.

                              Melamine

                              Certain other fibres

                              Hot formic acid 90 % m/m

                  (2)

                  point 1.2 of method No 1 is replaced by the following:

                              ‘2.

                              wool (1), animal hair (2 and 3), silk (4), cotton (5), flax (7) true hemp (8), jute (9), abaca (10), alfa (11), coir (12), broom (13), ramie (14), sisal (15), cupro (21), modal (22), protein (23), viscose (25), acrylic (26), polyamide or nylon (30), polyester (35), polypropylene (37), elastomultiester (46), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).

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

                  (3)

                  point 1.2 of method No 2 is replaced by the following:

                              ‘2.

                              cotton (5), cupro (21), viscose (25), acrylic (26), chlorofibres (27), polyamide or nylon (30), polyester (35), polypropylene (37), elastane (43), glass fibre (44) elastomultiester (46), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).

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

                  (4)

                  method No 3 is amended as follows:

                              (a)

                              the title is replaced by the following:

                                 ‘VISCOSE, CUPRO OR CERTAIN TYPES OF MODAL AND CERTAIN OTHER FIBRES

                                 (Method using formic acid and zinc chloride)’

                              (b)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          cotton (5), polypropylene (37), elastolefin (47) and melamine (48).

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

                              (c)

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

                  (5)

                  method No 5 is amended as follows:

                              (a)

                              the title is replaced by the following:

                                 ‘ACETATE AND CERTAIN OTHER FIBRES

                                 (Method using benzyl alcohol)’

                              (b)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          triacetate (24), polypropylene (37), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).’;

                  (6)

                  method No 6 is amended as follows:

                              (a)

                              the title is replaced by the following:

                                 ‘TRIACETATES OR POLYLACTIDE AND CERTAIN OTHER FIBRES

                                 (Method using dichloromethane)’

                              (b)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          wool (1), animal hair (2 and 3), silk (4), cotton (5), cupro (21), modal (22), viscose (25), acrylic (26), polyamide or nylon (30), polyester (35), polypropylene (37), glass fibre (44) elastomultiester (46), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).

                                 Note

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

                  (7)

                  method No 7 is amended as follows:

                              (a)

                              the title is replaced by the following:

                                 ‘CERTAIN CELLULOSE FIBRES AND CERTAIN OTHER FIBRES

                                 (Method using 75 % m/m sulphuric acid)’

                              (b)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          polyester (35), polypropylene (37), elastomultiester (46), elastolefin (47) and polypropylene/polyamide bicomponent (49).’;

                              (c)

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

                  (8)

                  point 1.2 of method No 8 is replaced by the following:

                              ‘2.

                              wool (1), animal hair (2 and 3), silk (4), cotton (5), cupro (21), modal (22), viscose (25), polyamide or nylon (30), polyester (35), polypropylene (37), elastomultiester (46), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).

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

                  (9)

                  point 1.2 of method No 9 is replaced by the following:

                              ‘2.

                              wool (1), animal hair (2 and 3), silk (4), cotton (5), cupro (21), modal (22), viscose (25), acrylic (26), polyamide or nylon (30), polyester (35), polypropylene (37), glass fibre (44), elastomultiester (46), melamine (48) and polypropylene/polyamide bicomponent (49).

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

                  (10)

                  method No 10 is amended as follows:

                              (a)

                              the title is replaced by the following:

                                 ‘ACETATE AND CERTAIN OTHER FIBRES

                                 (Method using glacial acetic acid)’

                              (b)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          certain chlorofibres (27) namely polyvinyl chloride fibres, whether after-chlorinated or not, polypropylene (37), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).’;

                  (11)

                  method No 11 is amended as follows:

                              (a)

                              the title is replaced by the following:

                                 ‘SILK OR POLYAMIDE AND CERTAIN OTHER FIBRES

                                 (Method using 75 % m/m sulphuric acid)’

                              (b)

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

                                          1.

                                          silk (4) or polyamide or nylon (30)
                                          with

                                          2.

                                          wool (1), animal hair (2 and 3), polypropylene (37), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).’;

                              (c)

                              point 2 is replaced by the following:
                              ‘2.   PRINCIPLE
                              The silk or polyamide or nylon fibre is dissolved out from a known dry mass of the mixture, with 75 % m/m sulphuric acid.
                              The residue is collected, washed, dried and weighed. Its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of the dry silk or polyamide or nylon is found by difference.’

                              (d)

                              point 4 is replaced by the following:
                              ‘4.   TEST PROCEDURE
                              Follow the procedure described in the general instructions and proceed as follows:

                                          To the specimen contained in a glass-stoppered conical flask of at least 200 ml capacity, add 100 ml of 75 % m/m sulphuric acid per gram of specimen and insert the stopper. Shake vigorously and stand for 30 minutes at room temperature. Shake again and stand for 30 minutes. Shake a last time and filter the contents of the flask through the weighed filter crucible. Wash any remaining fibres from the flask with the 75 % sulphuric acid reagent. Wash the residue on the crucible successively with 50 ml of the dilute sulphuric acid reagent, 50 ml water and 50 ml of the dilute ammonia solution. Each time allow the fibres to remain in contact with the liquid for about 10 minutes before applying suction. Finally rinse with water, leaving the fibres in contact with the water for about 30 minutes. Drain the crucible with suction, dry the crucible and residue, and cool and weigh them.

                                          In the case of binary mixtures of polyamide with polypropylene/polyamide bicomponent, after filtering fibres through the weighed filter crucible and before applying the described washing procedure, wash twice the residue on the filter crucible with 50 ml of 75 % sulphuric acid reagent each time.’;

                              (e)

                              points 5 and 6 are replaced by the following:
                              ‘5.   CALCULATION AND EXPRESSION OF RESULTS
                              Calculate the results as described in the general instructions. The value of “d” is 1,00, except for wool, for which “d” = 0,985, for polypropylene/polyamide bicomponent, for which “d” = 1,005 and for melamine, for which “d” = 1,01.
                              6.   PRECISION
                              On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %, except for binary mixtures of polyamide with polypropylene/polyamide bicomponent for which the confidence limits of results are not greater than ± 2.’;

                  (12)

                  method No 14 is amended as follows:

                              (a)

                              the title is replaced by the following:

                                 ‘CERTAIN FIBRES AND CERTAIN OTHER FIBRES

                                 (Method using concentrated sulphuric acid)’

                              (b)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          chlorofibres (27) based on homopolymers of vinyl chloride, whether after-chlorinated or not, polypropylene (37), elastolefin (47), melamine (48) and polypropylene/polyamide bicomponent (49).

                                    The modacrylics concerned are those which give a limpid solution when immersed in concentrated sulphuric acid (relative density 1,84 at 20 °C).
                              This method can be used in place of methods No 8 and No 9.’;

                              (c)

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

                              (d)

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

                  (13)

                  method No 16 is amended as follows:

                              (a)

                              the title is replaced by the following:

                                 ‘MELAMINE AND CERTAIN OTHER FIBRES

                                 (Method using hot formic acid)’

                              (b)

                              point 1.2 is replaced by the following:

                                          ‘2.

                                          cotton (5), aramid (31) and polypropylene (37).’.

         (1)  Detailed list of fibres under each method.’


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31988L0035

Commission Directive 88/35/EEC of 2 December 1987 adapting to technical progress Council Directive 82/130/EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp

Official Journal L 020 , 26/01/1988 P. 0028 - 0032 Finnish special edition: Chapter 13 Volume 16 P. 0238  Swedish special edition: Chapter 13 Volume 16 P. 0238

*****COMMISSION  DIRECTIVE  of 2 December 1987  adapting to technical progress Council Directive 82/130/EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp  (88/35/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 82/130/EEC (1), and in particular Article 7 thereof,  Whereas, in view of the present state of technical progress, it is necessary to adapt the content of the harmonized standards referred to in Annex A to Directive 82/130/EEC;  Whereas, in order to take account of the present state of the harmonized standards, it is necessary to amend Annex B to Directive 82/130/EEC;  Whereas in view of experience gained since Directive 82/130/EEC was adopted, it seems appropriate to amend Annex C thereto;  Whereas the measures provided for in this Directive are in accordance with the opinion delivered by the Restricted Committee of the Safety and Health Commission for the Mining and Other Extractive Industries charged with the adaptation to technical progress of the Directive for the elimination of technical barriers to trade in the sector of electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 82/130/EEC is hereby amended as follows:  1. Annexes A and C are replaced by Annexes A and C to this Directive.  2. Annex B is amended in accordance with Annex B to this Directive.  Article 2  1. Member States shall bring into force the necessary laws, regulations and administrative provisions in order to comply with this Directive not later than 1 January 1988. They shall forthwith inform the Commission thereof.  2. However, until 1 January 2005, Member States shall continue to apply measures provided for in Article 4 of Directive 82/130/EEC as regards electrical equipment for which conformity to the harmonized standards is attested by the certificate of conformity referred to in Article 8 of Directive 82/130/EEC, provided that the certificate has been issued before 31 December 1988.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 2 December 1987.  For the Commission  Manuel MARÍN  Vice-President  (1) OJ No L 59, 2. 3. 1982, p. 10.  ANNEX A  EUROPEAN STANDARDS  drawn up by Cenelec, 2, rue Bréderode, PO Box 5, B-1000 Brussels  Certificates drawn up in accordance with this Directive shall be referred to as 'generation B certificates'. The letter B shall appear at the beginning of the serial number of each such certificate.  1.2.3.4.5 //  //  //  //  //  // Number  // Title  // Edition  // Date  // Observations   //    //   //   //   //   // EN 50014   // Electrical equipment for use in potentially explosive atmospheres: general requirements   // 1   // March 1977   //   //   // Amendment 1   //   // July 1979   //   //  // Amendment 2   //   // June 1982   // (1)   //  // Amendments 3 and 4   //   // December 1982   // (1)   // EN 50015   // Electrical equipment for use in potentially explosive atmospheres: oil immersion 'o'   // 1   // March 1977   //   //   // Amendment 1   //   // July 1979   //   // EN 50016   // Electrical equipment for use in potentially explosive atmospheres: pressurized apparatus 'p'   // 1  // March 1977   //   //   // Amendment 1   //   // July 1979  //   // EN 50017   // Electrical equipment for use in potentially explosive atmospheres: powder filling 'q'   // 1  // March 1977   //   //   // Amendment 1   //   // July 1979  //   // EN 50018   // Electrical equipment for use in potentially explosive atmospheres: flameproof enclosure 'd'  // 1   // March 1977   //   //   // Amendment 1   //   // July 1979   //   //   // Amendment 2   //   // December 1982   //  // EN 50019   // Electrical equipment for use in potentially explosive atmospheres: increased safety 'e'   // 1   // March 1977   //   //   // Amendment 1   //   // July 1979   //   //  // Amendment 2   //   // September 1983   //   // EN 50020  // Electrical equipment for use in potentially explosive atmospheres: intrinsic safety 'i'   // 1   // March 1977  // (1)   //   // Amendment 1   //   // July 1979   //   //  //   //   //   //  (1) See Annex B.  ANNEX B  Amendments and supplements made to the European Standards listed in Annex A  'APPENDIX 1  ELECTRICAL APPARATUS FOR POTENTIALLY EXPLOSIVE ATMOSPHERES OF GROUP I  GENERAL REQUIREMENTS  (European standard EN 50 014)  Replace the text of 6.3.1 of amendment 3 (December 1982) to European Standard EN 50 014 by the following text:  ''6.3.1 Electrical apparatus of Group I  Enclosures of plastic materials with a surface area projected in any direction of more than 100 cm2, or containing exposed metallic parts with a capacitance to earth of more than 3 pF, under the most unfavourable conditions in practice, shall be so designed that under normal conditions of use, maintenance and cleaning, danger of ignition due to electrostatic charges is avoided.  This requirement shall be satisfied:  - either by suitable selection of the material: its insulation resistance, measured according to the method given in 22.4.7.8 of this European standard, shall not exceed:  - 1 GO at 23 ± 2 °C and 50 ± 5 % relative humidity,  or  - 100 GO under extreme service conditions of temperature and humidity specified for the electrical apparatus; the 'ch' shall then be placed after the certificate reference, as indicated in 26.2.9;  - or by the size, shape, layout or by other protective methods. The non-appearance of dangerous electrostatic charges shall then be verified by actual tests for ignition of an air-methane mixture containing 8,5 ± 0,5 % of methane.  If, however, the danger of ignition cannot be avoided in the design, a warning label shall indicate the safety measures to be applied in service."'  Appendix 2  Delete the text of Appendix 2 of Annex B to Directive 82/130/EEC.  Appendix 3  Retain the text of Appendix 3 of Annex B to Directive 82/130/EEC without change.  ANNEX C  ELECTRICAL APPARATUS FOR POTENTIALLY EXPLOSIVE ATMOSPHERES OF GROUP I  I. DISTINCTIVE COMMUNITY MARK  II. MARKING OF ELECTRICAL APPARATUS COVERED BY AN INSPECTION CERTIFICATE  If a type of electrical apparatus which is not in conformity with the harmonized standards has been granted an inspection certificate as provided for in Article 9, the distinctive Community mark must be supplemented at least by the following:  1. The symbol 'S' signifying that it is an electrical apparatus suitable for gassy mines covered by an inspection certificate. This symbol shall immediately follow the distinctive Community mark as indicated below.  1. (a) The symbol 'I' for the group of apparatus.  2. The last two digits of the year of issue of the inspection certificate.  3. The serial number of the inspection certificate for that year. 4. The name or symbol of the body approved to issue the certificate.  5. The name of the manufacturer or his registered trade mark.  6. The manufacturer's type identification.  7. The manufacturer's serial number.  8. If the testing station considers that it is necessary to indicate special conditions for safe use, the sign 'ch' shall be placed after the certificate reference.  9. Any marking normally required by the construction standards for the electrical apparatus.  10. Any supplementary marking considered necessary by the body approved to issue the certificates.


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31978L0053

Council Directive 78/53/EEC of 19 December 1977 laying down additional provisions relating to the statistical surveys to be carried out by Member States on bovine livestock

Official Journal L 016 , 20/01/1978 P. 0020 - 0021 Greek special edition: Chapter 03 Volume 19 P. 0251  Spanish special edition: Chapter 03 Volume 13 P. 0183  Portuguese special edition Chapter 03 Volume 13 P. 0183

****( 1 ) OJ NO L 153 , 9 . 6 . 1973 , P . 25 .  ( 2 ) OJ NO C 163 , 11 . 7 . 1977 , P . 73 .        COUNCIL DIRECTIVE   OF 19 DECEMBER 1977   LAYING DOWN ADDITIONAL PROVISIONS RELATING TO THE STATISTICAL SURVEYS TO BE CARRIED OUT BY MEMBER STATES ON BOVINE LIVESTOCK  ( 78/53/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 209 THEREOF ,   HAVING REGARD TO COUNCIL DIRECTIVE 73/132/EEC OF 15 MAY 1973 ON THE STATISTICAL SURVEYS TO BE CARRIED OUT BY THE MEMBER STATES ON BOVINE LIVESTOCK , ON FORECASTS ON THE AVAILABILITY OF BOVINE ANIMALS FOR SLAUGHTER AND ON STATISTICS ON SLAUGHTERED BOVINE ANIMALS ( 1 ),   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 2 ),   WHEREAS , IN ORDER TO PROMOTE THE APPROXIMATION OF SURVEY METHODS AND THE HARMONIZATION OF STATISTICS ON THE CATTLE SECTOR , CERTAIN PROVISIONS OF DIRECTIVE 73/132/EEC MUST BE CLARIFIED OR SUPPLEMENTED ;   WHEREAS , FOR TECHNICAL REASONS , ITALY HAS NOT BEEN ABLE TO UPDATE THE SAMPLING BASE DURING THE PERIOD COVERED BY DIRECTIVE 73/132/EEC IN ORDER TO COMPLY WITH THE COMMUNITY MARGINS OF ERROR , AND THEREFORE DESIRES THE EXTENSION OF THE TERM OF VALIDITY OF THE DEROGATION PROVIDED FOR IN ARTICLE 4 OF THE SAID DIRECTIVE ;   WHEREAS AN ANNUAL SURVEY IN DECEMBER HAS PROVED INADEQUATE FOR THE PURPOSES OF PERIODICALLY ADJUSTING SHORT-TERM FORECASTS OF THE POTENTIAL SUPPLY OF CATTLE ;   WHEREAS CERTAIN PROVISIONS OF DIRECTIVE 73/132/EEC ARE APPLICABLE TO THE EXECUTION OF AN INTERMEDIATE SURVEY ; WHEREAS SPECIAL RULES RELATING TO THE TIME LIMITS FOR SUBMISSION OF THE RESULTS AND THE PERIOD FOR MAKING THE FORECASTS HAVE TO BE LAID DOWN IN THIS RESPECT ;   WHEREAS THE FINANCIAL CONTRIBUTION OF THE COMMUNITY TOWARDS THE EXPENDITURE INCURRED BY THE MEMBER STATES IN CARRYING OUT THE SURVEYS PROVIDED FOR UNDER THIS DIRECTIVE MUST BE SPECIFIED ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   1 .  THE TERM OF VALIDITY OF THE DEROGATION PROVIDED FOR IN ARTICLE 4 ( 3 ) OF DIRECTIVE 73/132/EEC SHALL BE EXTENDED TO 1980 FOR ITALY .   2 .  ARTICLE 4 ( 4 ) OF DIRECTIVE 73/132/EEC SHALL BE REPLACED BY THE FOLLOWING :   ' 4 .  THE MEMBER STATES SHALL , IF NECESSARY , TAKE APPROPRIATE MEASURES TO ASSESS ERRORS OF OBSERVATION . '   3 .  ARTICLE 5 ( 4 ) OF DIRECTIVE 73/132/EEC SHALL BE REPLACED BY THE FOLLOWING :   ' 4 .  THE SURVEY RESULTS TO BE USED IN ACCORDANCE WITH PARAGRAPHS 2 AND 3 MAY BE OBTAINED FROM ONE OF THE TWO COMMUNITY SURVEYS CARRIED OUT DURING THE REFERENCE YEAR . '   4 .  ARTICLE 6 ( 1 ) OF DIRECTIVE 73/132/EEC SHALL BE REPLACED BY THE FOLLOWING :   ' 1 .  THE MEMBER STATES SHALL , ON THE BASIS OF THE RESULTS OF THE SURVEYS AND OF OTHER AVAILABLE DATA , ESTIMATE THE GROSS INDIGENOUS CATTLE PRODUCTION FOR THE TWO SIX-MONTH PERIODS BEGINNING ON 1 JANUARY AND 1 JULY RESPECTIVELY .   THE GROSS INDIGENOUS CATTLE PRODUCTION SHALL INCLUDE ALL SLAUGHTERINGS OF CATTLE OF NATIVE AND FOREIGN ORIGIN , TOGETHER WITH THE FOREIGN TRADE BALANCE OF LIVE CATTLE . '   5 .  THE FIRST TWO LINES OF ARTICLE 6 ( 2 ) OF DIRECTIVE 73/132/EEC SHALL BE REPLACED BY THE FOLLOWING :   ' THE ESTIMATE OF GROSS INDIGENOUS CATTLE PRODUCTION SHALL BE DRAWN UP FOR THE FOLLOWING CATEGORIES : '   ARTICLE 2   1 .  THE MEMBER STATES SHALL CARRY OUT EACH YEAR AN INTERMEDIATE SURVEY OF THE BOVINE LIVESTOCK , USING ANY DAY IN MAY OR JUNE AS THE REFERENCE DATE .   2 .  THE FIRST INTERMEDIATE SURVEY SHALL TAKE PLACE IN 1978 .   3 .  THE PROVISIONS OF DIRECTIVE 73/132/EEC RELATING TO THE DECEMBER SURVEY SHALL BE APPLICABLE TO THE INTERMEDIATE SURVEY , EXCEPT FOR ARTICLE 5 ( 1 ) AND ( 2 ) OF THE SAID DIRECTIVE .   HOWEVER , MEMBER STATES WHO EXPERIENCE DIFFICULTY IN INCLUDING IN THE QUESTIONNAIRE FOR THE INTERMEDIATE SURVEY OF ALL THE CATEGORIES REFERRED TO IN ARTICLE 3 OF DIRECTIVE 73/132/EEC MAY ESTIMATE , ON THE BASIS OF THE RESULTS OF THEIR NATIONAL SURVEYS , THE NUMBERS IN THE VARIOUS CATEGORIES OF CATTLE INTENDED FOR SLAUGHTER , AND OF HEIFERS OF ONE YEAR AND OVER .   THE FOREGOING DEROGATION SHALL BE VALID UNTIL 1980 , UNLESS THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , DECIDES TO EXTEND THE TERM OF VALIDITY .   4 .  MEMBER STATES SHALL NOTIFY THE COMMISSION OF THE PROVISIONAL RESULTS OF THE INTERMEDIATE SURVEY , WITHOUT A BREAKDOWN BY REGIONS , BY 30 SEPTEMBER AT THE LATEST . THE FINAL RESULTS SHALL BE NOTIFIED AS SOON AS POSSIBLE .   ARTICLE 3   THE NECESSARY EXPENDITURE FOR CARRYING OUT DURING 1978 , 1979 AND 1980 THE SURVEYS PROVIDED FOR IN THIS DIRECTIVE SHALL BE CHARGED AS A FIXED SUM TO THE BUDGET OF THE EUROPEAN COMMUNITIES .   ARTICLE 4   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 19 DECEMBER 1977 .   FOR THE COUNCIL   THE PRESIDENT   H . SIMONET