title: COMMISSION DIRECTIVE (EU) …/… amending Directive 2008/56/EC of the European Parliament and of the Council as regards the indicative lists of elements to be taken into account for the preparation of marine strategies

text:
               COMMISSION DIRECTIVE (EU) …/…

               of 17.5.2017

               amending Directive 2008/56/EC of the European Parliament and of the Council as regards the indicative lists of elements to be taken into account for the preparation of marine strategies

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy (Marine Strategy Framework Directive)
                  1
               , and in particular Article 24(1) thereof,

               Whereas:

               (1)Annex III to Directive 2008/56/EC lays down the indicative lists of characteristics, pressures and impacts which are referred to in Articles 8(1), 9(1), 9(3), 10(1), 11(1) and 24 of that Directive.

               (2)In 2012, on the basis of the initial assessment of their marine waters made pursuant to Article 8(1) of Directive 2008/56/EC and as part of the first cycle of implementation of their marine strategies, Member States notified to the Commission a set of characteristics for good environmental status and their environmental targets, in accordance with Articles 9(2) and 10(2) of Directive 2008/56/EC, respectively. The Commission's assessment
                  2
                of those Member State's reports, undertaken in accordance with Article 12 of that Directive, highlighted that more efforts were urgently needed if Member States and the Union are to reach good environmental status by 2020.

               (3)To ensure that the second cycle of implementation of the marine strategies of the Member States further contributes to the achievement of the objectives of Directive 2008/56/EC and yields more consistent determinations of good environmental status, the Commission recommended in its report on the first phase of implementation that, at Union level, the Commission services and Member States collaborate to revise, strengthen and improve Commission Decision 2010/477/EU
                  3
                by 2015, aiming at a clearer, simpler, more concise, more coherent and comparable set of good environmental status criteria and methodological standards and, at the same time, review Annex III of the Marine Strategy Framework Directive, and if necessary revise it, and develop specific guidance to ensure a more coherent and consistent approach for assessments in the next implementation cycle.

               (4)The review of Annex III to Directive 2008/56/EC is needed to complement the review of Decision 2010/477/EU. Furthermore, the relationship between Annex III to Directive 2008/56/EC and the qualitative descriptors for determining good environmental status listed in Annex I to that Directive is only implicit in that Directive and, therefore, not sufficiently clear. The Commission, in a staff working paper from 2011
                  4
               , explained relationships between the qualitative descriptors listed in Annex I to Directive 2008/56/EC, the elements set out in Annex III to that Directive, and the criteria and indicators set out in Decision 2010/477/EU, but could provide only a partial answer due to their inherent content. A revision of Annex III to Directive 2008/56/EC is needed in order to further clarify those relationships and facilitate implementation, better linking ecosystem elements, and anthropogenic pressures and impacts on the marine environment with the descriptors in Annex I to Directive 2008/56/EC and the outcome of the review of Decision 2010/477/EU.

               (5)Annex III to Directive 2008/56/EC should provide elements for assessment (Article 8(1) of that Directive) with regard to good environmental status (Article 9(1) of that Directive), provide elements for monitoring (Article 11(1) of that Directive), which are complementary to assessment (e.g. temperature, salinity), and provide elements for consideration when setting targets (Article 10(1) of the Directive). The relevance of these elements will vary by region and Member State due to differing regional characteristics. This means that elements need to be addressed only if they are considered "essential features and characteristics" or "predominant pressures and impacts" as referred to in points (a) and (b) of Article 8(1) of Directive 2008/56/EC, respectively, and if they occur in the relevant Member State's waters.

               (6)It is important to ensure that the elements set out in Annex III to Directive 2008/56/EC are clearly related to the qualitative descriptors of Annex I to that Directive and to the criteria and methodological standards on good environmental status of marine waters laid down by the Commission on the basis of Article 9(3) of Directive 2008/56/EC, as well as to their application in relation to Articles 8, 9, 10 and 11 of Directive 2008/56/EC. In this context, those elements need to be generic and generally applicable across the Union, considering that more specific elements can be laid down by the Commission on the basis of Article 9(3) of Directive 2008/56/EC or in the context of determining sets of characteristics for good environmental status under Article 9(1) of that Directive.

               (7)Tables 1 and 2 of Annex III to Directive 2008/56/EC should be clarified to more clearly relate to state elements (Table 1) and to pressure elements and their impacts (Table 2), and to directly link the elements listed in them with the qualitative descriptors laid down in Annex I of that Directive and through this with the criteria laid down by the Commission on the basis of Article 9(3) of Directive 2008/56/EC.

               (8)To guide the assessments on uses of marine waters under point (c) of Article 8(1) of Directive 2008/56/EC, and on human activities under point (b) of Article 8(1), and associated monitoring provided under Article 11 of that Directive, Table 2 should be extended to contain an indicative list of uses and human activities in order to ensure consistency in their assessment across the marine regions and subregions.

               (9)Annex III to Directive 2008/56/EC should therefore be amended accordingly.

               (10)The measures provided for in this Directive are in accordance with the opinion of the regulatory committee established under Article 25(1) of Directive 2008/56/EC,

               HAS ADOPTED THIS DIRECTIVE:

               Article 1

               Annex III to Directive 2008/56/EC is replaced by the text set out in 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 [OJ: please insert the date: 18 months after the entry into force of this Directive] 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.

               3.The obligation to transpose this Directive shall not apply to Member States without marine waters.

               Article 3

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

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 17.5.2017

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)
                  OJ L 164, 25.6.2008, p. 19.

                     (2)
                  Report from the Commission to the Council and the European Parliament - The first phase of implementation of the Marine Strategy Framework Directive (2008/56/EC) - The European Commission's assessment and guidance (COM(2014)097 final, 20.2.2014).

                     (3)
                  Commission Decision 2010/477/EU of 1 September 2010 on criteria and methodological standards on good environmental status of marine waters (OJ L 232, 2.9.2010, p. 14).

                     (4)

                  Commission Staff Working Paper SEC(2011)1255
                  .

    ---documentbreak---

               ANNEX

               to the

               Commission Directive

               amending Directive 2008/56/EC of the European Parliament and of the Council as regards the indicative lists of elements to be taken into account for the preparation of marine strategies

               ANNEX III

               Indicative lists of ecosystem elements, anthropogenic pressures and human activities relevant to the marine waters

               (referred to in Articles 8(1), 9(1), 9(3), 10(1), 11(1) and 24)

               Table 1 – Structure, functions and processes of marine ecosystems

               with particular relevance for point (a) of Article 8(1), and Articles 9 and 11

                        Theme

                        Ecosystem elements

                        Possible parameters and characteristics (Note 1)

                        Relevant qualitative descriptors laid down in Annex I (Notes 2 and 3)

                        Species

                        Species groups (Note 4) of marine birds, mammals, reptiles, fish and cephalopods of the marine region or subregion

                        Spatial and temporal variation per species or population:

                        – distribution, abundance and/or biomass

                        – size, age and sex structure

                        – fecundity, survival and mortality/injury rates

                        – behaviour including movement and migration

                        – habitat for the species (extent, suitability)

                        Species composition of the group

                        (1); (3)

                        Habitats

                        Broad habitat types of the water column (pelagic) and seabed (benthic) (Note 5), or other habitat types, including their associated biological communities throughout the marine region or subregion

                        Per habitat type:

                        – habitat distribution and extent (and volume, if appropriate)

                        – species composition, abundance and/or biomass (spatial and temporal variation)

                        – size and age structure of species (if appropriate)

                        – physical, hydrological and chemical characteristics

                        Additionally for pelagic habitats:

                        – chlorophyll a concentration

                        – plankton bloom frequencies and spatial extent

                        (1); (6)

                        Ecosystems, including food webs

                        Ecosystem structure, functions and processes, comprising:

                        – physical and hydrological characteristics

                        – chemical characteristics

                        – biological characteristics

                        – functions and processes

                        Spatial and temporal variation in:

                        – temperature and ice

                        – hydrology (wave and current regimes; upwelling, mixing, residence time, freshwater input; sea level)

                        – bathymetry

                        – turbidity (silt/sediment loads), transparency, sound

                        – seabed substrate and morphology

                        – salinity, nutrients (N, P), organic carbon, dissolved gases (pCO2, O2) and pH

                        – links between habitats and species of marine birds, mammals, reptiles, fish and cephalopods

                        – pelagic-benthic community structure

                        – productivity

                        (1); (4)

               Notes related to Table 1

               Note 1:
                     An indicative list of relevant parameters and characteristics for species, habitats and ecosystems is given, reflecting parameters affected by the pressures of Table 2 of this Annex and of relevance to criteria laid down in accordance with Article 9(3). The particular parameters and characteristics to be used for monitoring and assessment should be determined in accordance with the requirements of this Directive, including those of its Articles 8 to 11.

               Note 2:
                     The numbers in this column refer to the respective numbered points in Annex I.

               Note 3:
                     Only the state-based qualitative descriptors (1), (3), (4) and (6) which have criteria laid down in accordance with Article 9(3) are listed in Table 1. All other, pressure-based, qualitative descriptors under Annex I may be relevant for each theme.

               Note 4:
                     These species groups are further specified in Part II of the Annex to Commission Decision laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment, and repealing Decision 2010/477/EU
                  1*.

               Note 5:
                     These broad habitat types are further specified in Part II of the Annex to Commission Decision laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment, and repealing Decision 2010/477/EU.

               Table 2 – Anthropogenic pressures, uses and human activities in or affecting the marine environment

                        2a Anthropogenic pressures on the marine environment

                        with particular relevance for points (a) and (b) of Article 8(1), and Articles 9, 10 and 11

                        Theme

                        Pressure (Note 1)

                        Possible parameters

                        Relevant qualitative descriptors laid down in Annex I (Notes 2 and 3)

                        Biological

                        Input or spread of non-indigenous species

                        Intensity of, and spatial and temporal variation in, the pressure in the marine environment and, where relevant, at source

                        For assessment of environmental impacts of the pressure, select relevant ecosystem elements and parameters from Table 1

                        (2)

                        Input of microbial pathogens

                        Input of genetically modified species and translocation of native species

                        Loss of, or change to, natural biological communities due to cultivation of animal or plant species

                        Disturbance of species (e.g. where they breed, rest and feed) due to human presence

                        Extraction of, or mortality/injury to, wild species (by commercial and recreational fishing and other activities)

                        (3)

                        Physical

                        Physical disturbance to seabed (temporary or reversible)

                        (6); (7)

                        Physical loss (due to permanent change of seabed substrate or morphology and to extraction of seabed substrate)

                        Changes to hydrological conditions

                        Substances, litter and energy

                        Input of nutrients – diffuse sources, point sources, atmospheric deposition

                        (5)

                        Input of organic matter – diffuse sources and point sources

                        Input of other substances (e.g. synthetic substances, non-synthetic substances, radionuclides) – diffuse sources, point sources, atmospheric deposition, acute events

                        (8); (9)

                        Input of litter (solid waste matter, including micro-sized litter)

                        (10)

                        Input of anthropogenic sound (impulsive, continuous)

                        (11)

                        Input of other forms of energy (including electromagnetic fields, light and heat)

                        Input of water – point sources (e.g. brine)

                        2b Uses and human activities in or affecting the marine environment

                        with particular relevance for points (b) and (c) of Article 8(1) (only activities marked * are relevant for point (c) of Article 8(1)), and Articles 10 and 13

                        Theme

                        Activity

                        Physical restructuring of rivers, coastline or seabed (water management)

                        Land claim

                        Canalisation and other watercourse modifications

                        Coastal defence and flood protection*

                        Offshore structures (other than for oil/gas/renewables)*

                        Restructuring of seabed morphology, including dredging and depositing of materials*

                        Extraction of non-living resources

                        Extraction of minerals (rock, metal ores, gravel, sand, shell)*

                        Extraction of oil and gas, including infrastructure*

                        Extraction of salt*

                        Extraction of water*

                        Production of energy

                        Renewable energy generation (wind, wave and tidal power), including infrastructure*

                        Non-renewable energy generation

                        Transmission of electricity and communications (cables)*

                        Extraction of living resources

                        Fish and shellfish harvesting (professional, recreational)*

                        Fish and shellfish processing*

                        Marine plant harvesting*

                        Hunting and collecting for other purposes*

                        Cultivation of living resources

                        Aquaculture – marine, including infrastructure*

                        Aquaculture – freshwater

                        Agriculture

                        Forestry

                        Transport

                        Transport infrastructure*

                        Transport – shipping*

                        Transport – air

                        Transport – land

                        Urban and industrial uses

                        Urban uses

                        Industrial uses

                        Waste treatment and disposal*

                        Tourism and leisure

                        Tourism and leisure infrastructure*

                        Tourism and leisure activities*

                        Security/defence

                        Military operations (subject to Article 2(2))

                        Education and research

                        Research, survey and educational activities*

               Notes related to Table 2

               Note 1:
                     Assessments of pressures should address their levels in the marine environment and, if appropriate, the rates of input (from land-based or atmospheric sources) to the marine environment.

               Note 2:
                     The numbers in this column refer to the respective numbered points in Annex I.

               Note 3:
                     Only pressure-based qualitative descriptors (2), (3), (5), (6), (7), (8), (9), (10) and (11), which have criteria laid down in accordance with Article 9(3), are listed in Table 2a. All other, state-based, qualitative descriptors under Annex I may be relevant for each theme.'

                     (1)
                  * OJ: Please insert the title, date and OJ reference of "Commission Decision laying down criteria and methodological standards on good environmental status and specifications and standardised methods for monitoring and assessment, and repealing Decision 2010/477/EU", published on the same day.


title: Corrigendum to Commission Directive 95/45/EC of 26 July 1995 laying down specific purity criteria concerning colours for use in foodstuffs ( OJ L 226, 22.9.1995 )

text:
               14.11.2008

               EN

               Official Journal of the European Union

               L 303/25

         Corrigendum to Commission Directive 95/45/EC of 26 July 1995 laying down specific purity criteria concerning colours for use in foodstuffs
   (
         Official Journal of the European Communities L 226 of 22 September 1995
      )
   In the Annex to the Directive, point B ‘Specific criteria of purity’:

               E 101 (i) RIBOFLAVIN — Identification, A. Spectrometry:

                           for

                           :

                           ‘Maximum in water at ca 375 nm’,

                           read

                           :

                           ‘Maximum in water at ca 444 nm’;

               E 101 (ii) RIBOFLAVIN-5′-PHOSPHATE — Identification, A. Spectrometry:

                           for

                           :

                           ‘Maximum in water at ca 375 nm’,

                           read

                           :

                           ‘Maximum in water at ca 444 nm’;

               E 123 AMARANTH — Purity:

                           for

                           :

                                          ‘Heavy metals (as Pb)

                                          Not more than 40 mg/kg’,

                           read

                           :

                                          ‘Heavy metals (as Pb)

                                          Not more than 10 mg/kg’;

               E 133 BRILLIANT BLUE FCF — Purity:

                           for

                           :

                                          ‘Heavy metals (as Pb)

                                          Not more than 40 mg/kg’,

                           read

                           :

                                          ‘Heavy metals (as Pb)

                                          Not more than 10 mg/kg’;

               E 141 (ii) COPPER COMPLEXES OF CHLOROPHYLLINS — Identification, Spectrometry:

                           for

                           :

                           ‘Maximum in aqueous phosphate buffer at pH 7,5 at ca 405 nm and at 630 nm’,

                           read

                           :

                           ‘Maximum in aqueous phosphate buffer at pH 7,5 at ca 405 nm and at ca 630 nm’;

               E 153 VEGETABLE CARBON — Purity:

                           for

                           :

                                          ‘Heavy metals (as Pb)

                                          Not more than 40 mg/kg’,

                           read

                           :

                                          ‘Heavy metals (as Pb)

                                          Not more than 10 mg/kg’;

               E 160d LYCOPENE — Definition:

                           for

                           :

                                          ‘Assay

                                          E1 % 1 cm 3 450 at ca 472 nm in hexane
                                          E1 % 1 cm 3 450 at ca 472 nm in hexane’,

                           read

                           :

                                          ‘Assay

                                          Not less than 5 % of total colouring matters
                                          E1 % 1 cm 3 450 at ca 472 nm in hexane’;

               E 160e BETA-APO-8′-CAROTENAL (C30) — Purity:

                           for

                           :

                                          ‘Heavy metals (as Pb)

                                          Not more than 10 mg/kg’,

                           read

                           :

                                          ‘Heavy metals (as Pb)

                                          Not more than 40 mg/kg’.


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31977L0576

Council Directive 77/576/EEC of 25 July 1977 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the provision of safety signs at places of work

Official Journal L 229 , 07/09/1977 P. 0012 - 0021 Finnish special edition: Chapter 5 Volume 2 P. 0094  Greek special edition: Chapter 05 Volume 2 P. 0191  Swedish special edition: Chapter 5 Volume 2 P. 0094  Spanish special edition: Chapter 05 Volume 2 P. 0141  Portuguese special edition Chapter 05 Volume 2 P. 0141

COUNCIL DIRECTIVE  of 25 July 1977  on the approximation of the laws, regulations and administrative provisions of the Member States relating to the provision of safety signs at places of work  (77/576/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas, in its resolution of 21 January 1974 concerning a social action programme (3), the Council affirmed the need to improve safety and protection of health in places of work, as part of the improvement of living and working conditions;  Whereas the freedom of movement of persons and services has considerably increased the risk of accidents at work and occupational diseases, in particular because of the differences in the organization of work within the Member States, the different languages and the resulting misunderstandings and errors ; whereas these difficulties, which constitute an obstacle to the functioning of the common market, can be reduced by the introduction of a Community system of safety signs;  Whereas the use of uniform safety signs has positive effects both for workers at places of work, inside or outside undertakings, and for other persons having access to such places;  Whereas a Community system of safety signs can be effective only if it is ensured by means of unified provisions, if the presentation of the signs is as simple and striking as possible, if it makes the minimum use of explanatory texts and, furthermore, if those concerned receive full and repeated information thereon;  Whereas technical progress and the future development of international methods of signposting require that safety signs be brought up to date ; whereas, in order to facilitate the carrying out of the necessary measures with regard to Community signs, close collaboration should be instituted between the Member States and the Commission ; whereas a Special Committee should be set up for the purpose,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive shall apply to safety signs at places of work.  2. This Directive shall not apply to:    (a) signs used in rail, road, inland waterway, marine or air transport;       (b) signs laid down for the placing of dangerous substances and preparations on the market;       (c) coal mines.          Article 2 1. For the purposes of this Directive:    (a) system of safety signs  means a system of signs referring to a specific object or situation and providing safety information by means of a safety colour or sign;       (b) safety colour  means a colour to which a specific safety meaning is assigned;  (1)OJ No C 178, 2.8.1976, p. 57. (2)OJ No C 278, 24.11.1976, p. 3. (3)OJ No C 13, 12.2.1974, p. 1.        (c) contrasting colour  means a colour contrasting with the safety colour and providing additional information;       (d) safety sign  means a sign combining geometrical shape, colour and symbol to provide specific safety information;       (e) prohibition sign  means a safety sign prohibiting behaviour likely to cause danger;       (f) warning sign  means a safety sign giving warning of a hazard;       (g) mandatory sign  means a safety sign prescribing a specific obligation;       (h) emergency sign  means a safety sign indicating, in the event of danger, an emergency exit, the way to an emergency installation or the location of a rescue appliance;       (i) information sign  means a safety sign providing safety information other than that referred to in points (e) to (h);       (j) additional sign  means a safety sign used only in conjunction with one of the safety signs referred to in points (e) to (h) and providing additional information;       (k) symbol   means a pictural representation, describing a specific situation, used on one of the safety signs referred to in points (e) to (h).       2. The meaning and use of safety and contrast colours and the shape, design and meaning of safety signs shall be as defined in Annex I.   Article 3 Member States shall take all necessary measures to ensure that:    - safety signs at all places of work conform to the principles laid down in Annex I,       - only those safety signs defined in Annex II are used to indicate the dangerous situations and to provide the information specified in that Annex;       - road traffic signs in force are used to regulate internal works traffic.          Article 4 Any amendments required to adapt Annex I, points 2 to 6, and Annex II to technical progress and to future developments in international methods regarding signs shall be adopted in accordance with the procedure laid down in Article 6.   Article 5 1. A Committee of Representatives of the Member States, with a Commission representative as chairman, is hereby set up.  2. The Committee shall establish its rules of procedure.   Article 6 1. Where the procedure laid down in this Article is invoked, the matter shall be referred to the Committee by its chairman, either on his own initiative or at the request of a representative of a Member State.  2. The Commission representative shall submit to the Committee a draft of the measures to be taken. The Committee shall give its opinion on the draft within the time laid down by the chairman, having regard to the urgency of the matter. Decisions shall be taken by a majority of 41 votes, the votes of the Member States being weighted as laid down in Article 148 (2) of the Treaty. The chairman shall not vote.  3.    (a) Proposed measures which are in accordance with the opinion of the Committee shall be taken by the Commission.       (b) Where the proposed measures are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall forthwith submit to the Council a proposal on the measures to be taken. The Council shall act by a qualified majority.       (c) If the Council has not acted within three months of receiving the proposal, the  proposed measures shall be adopted by the Commission.         Article 7 1. Member States shall adopt and publish by 1 January 1979 the measures necessary to comply with this Directive and shall inform the Commission immediately thereof. They shall apply these measures from 1 January 1981 at the latest.  2. Member States shall communicate to the Commission the text of any national provisions which they adopt in the field covered by this Directive.   Article 8 This Directive is addressed to the Member States.     Done at Brussels, 25 July 1977.  For the Council  The President  H. SIMONET     ANNEX I Basic principles of the system of safety signs    1. GENERAL      1.1. The objective of the system of safety signs is to draw attention rapidly and unambiguously to objects and situations capable of causing specific hazards.           1.2. Under no circumstances is the system of safety signs a substitute for the requisite protective measures.           1.3. The system of safety signs may be used only to give information related to safety.           1.4. The effectiveness of the system of safety signs is dependent in particular on the provision of full and constantly repeated information to all persons likely to benefit therefrom.                  2. SAFETY COLOURS AND CONTRASTING COLOURS      2.1. Meaning of safety colours  >PIC FILE= "T0011120">            2.2. Contrasting colours and symbol colours             >PIC FILE= "T0011121">         3. GEOMETRICAL FORM AND MEANING OF SAFETY SIGNS  >PIC FILE= "T0011122">        4. COMBINATIONS OF SHAPES AND COLOURS AND THEIR MEANINGS FOR SIGNS  >PIC FILE= "T0011123">        5. DESIGN OF SAFETY SIGNS     5.1. Prohibition signs  Background : white ; symbol or wording : black.  The safety colour red must appear around the edge and in a transverse bar and must cover at least 35 % of the surface of the sign.        5.2. Warning, mandatory, emergency and information signs  Background : safety colour ; symbol or wording : contrasting colour.  A yellow triangle must have a black edge. The safety colour must cover at least 50 % of the surface of the sign.       5.3. Additional signs  Background : white ; wording : black;  or  background : safety colour ; wording : contrasting colour.       5.4. Symbols  The design must be as simple as possible and details not essential to comprehension must be left out. >PIC FILE= "T0011124">                 BILAG II - ANLAGE II - ANNEX II - ANNEXE II - ALLEGATO II - BIJLAGE II >PIC FILE= "T0011125">   >PIC FILE= "T0011126">     >PIC FILE= "T0011127">     >PIC FILE= "T0011128">


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31990L0654

Council Directive 90/654/EEC of 4 December 1990 on the transitional measures and the adjustments required to the directives on plant health, seeds, plants and animal feedingstuffs and to the veterinary and zootechnical legislation as a result of German unification

Official Journal L 353 , 17/12/1990 P. 0048 - 0056 Finnish special edition: Chapter 3 Volume 65 P. 0063  Swedish special edition: Chapter 3 Volume 65 P. 0063

COUNCIL  DIRECTIVE of 4 December 1990 on the transitional measures and the adjustments required to the  Directives on plant health, seeds, plants and animal feedingstuffs and to the veterinary and  zootechnical legislation as a result of German unification (90/654/EEC)THE COUNCIL  OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  43 thereof, Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and  swine(1), as last amended by Directive 89/662/EEC(2), and in particular Article 4 b (1) (c)  thereof, Having regard to Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat(3), as last  amended by Directive 89/662/EEC(4), and in particular Article 13a (2) thereof,   Having regard to the proposal from the Commission(5),   Having regard to the opinion of the European Parliament(6),   Having regard to the opinion of the Economic and Social Committee(7),   Whereas the Community has adopted a body of rules implementing the common agricultural policy;   Whereas, from the date of German unification onwards, Community law will be fully applicable in  the territory of the former German Democratic Republic;   Whereas to facilitate the integration of farming in the territory of the former German Democratic  Republic into the common agricultural policy, the former German  Democratic Republic has been applying, in an autonomous capacity, some of the common agricultural  rules since 1 July 1990;   Whereas, however, certain adjustments must be made to Community agricultural legislation in order  to allow for the particular circumstances of the said territory;   Whereas the derogations provided for in this connection should as a general rule be temporary and  cause the least possible disturbance to the functioning of the common agricultural policy and the  pursuit of the objectives of Article 39 of the Treaty;   Whereas, given the current situation, certain Community provisions on quality and health cannot  be applied immediately to the territory of the former German Democratic Republic; whereas any  disturbance to the proper functioning of the internal market resulting from the application of  derogations to this end must be avoided; whereas therefore products which do not conform to  Community rules should not be marketed in the Community except in the territory of the former  German Democratic Republic;   Whereas information about farming in the territory of the former German Democratic Republic is  insufficient to permit the extent of the adjustments and derogations to be definitively  established; whereas, to allow for changes in the situation, it is necessary to lay down a  simplified procedure in accordance with the third indent of Article 145 of the Treaty so that the  measures provided for in this Directive may be adjusted and supplemented where necessary;   Whereas the German authorities have undertaken to extend their eradication plan for classical  swine fever to the territory of the former German Democratic Republic from the date of German  unification; whereas they have given their assurance that the system for notifying diseases will be  in operation for that territory on the same date; whereas, as a result, in the light of the animal  health situation in that territory and the above undertakings, the territory should be accorded  disease-free status with regard to classical swine fever from the date of German unification, HAS ADOPTED THIS DIRECTIVE: Article 1 To ensure the harmonious integration of the territory of the former  German Democratic Republic into the common agricultural policy, this Directive lays down  transitional arrangements and the adjustments required to the Directives on plant health, seeds,  plants and animal feedingstuffs and to veterinary and zootechnical legislation. Article 2 The adjustments and transitional arrangements referred to in Article 1 are set out in  the Annexes hereto. Article 3 1.  Adjusting measures to fill obvious loopholes and to make technical adjustments to  the measures provided for in this Directive may be adopted in accordance with the procedure laid  down in Article 4.   2.  Such adjusting measures must be designed to ensure coherent application of Community rules in  the sector covered by this Directive in the territory of the former German Democratic Republic,  with due regard for the specific circumstances in that territory and the special difficulties  involved in the application of those rules.   They must be consistent with the principles of those rules, and be closely related to one of the  derogations provided for by this Directive.   3.  The measures referred to in paragraph 1 may be taken until 31 December 1992. Their  applicability shall be limited to the same period; however, where this Directive sets later time  limits for derogations, those time limits shall apply.   4.  Where it proves essential to postpone a time limit laid down in this Directive for  application of a derogation, the date in question may be postponed in accordance with the procedure laid down in Article 4, but not beyond 31 December 1992. Article 4 Where this Article is referred to, measures shall be adopted, in accordance with the  procedure laid down in the Article  providing for the adoption of detailed rules of application, in an instrument falling within the  scope of this Directive. Article 5 1.  Without prejudice to paragraph 2, as part of the procedures for checking product  conformity, the Member States shall ensure that products not complying with Community rules are not  placed on the market in parts of the Community other than the territory of the former German  Democratic Republic.   2.  The Federal Republic of Germany shall, in accordance with the provisions of the Annexes, take  measures to guarantee that products not complying with Community rules are not placed on the market  in parts of the Community other than the territory of the former German Democratic Republic. Such  measures shall be compatible with the Treaty, and in particular with the objectives of Article 8a,  and shall not give rise to any additional controls or formalities at frontiers between Member  States.   3.  Any Member State may refer any difficulties to the Commission. The Commission shall, as a  matter of urgency, examine the question and submit its conclusions, possibly accompanied by  appropriate measures. These measures shall be adopted in accordance with the procedure laid down in  Article 4. Article 6 The Federal Republic of Germany shall notify to the Commission, at the earliest  opportunity, the measures taken pursuant to the authorizations provided for in this Directive.   Upon expiry of the periods of application of the transitional measures the Federal Republic of  Germany shall draw up a report on their application. The report shall be forwarded to the  Commission, which shall communicate it to the other member States. Article 7 This Directive is addressed to the Member States. Done at Brussels, 4 December 1990. For the Council The President G. DE MICHELIS (1)OJ N° 121, 29. 7. 1964, p. 1977/64.  (2)OJ N° L 395, 30. 12. 1989, p. 13.  (3)OJ N° L 302, 31. 12. 1972, p. 24.  (4)OJ N° L 395, 30. 12. 1989, p. 13.  (5)OJ N° L 263, 26. 9. 1990, p. 24, as amended on 25 October 1990.  (6)Opinion delivered on 21 November 1990 (not yet published in the Official Journal).  (7)Opinion delivered on 20 November 1990 (not yet published in the Official Journal).   ANNEX IPLANT HEALTH LEGISLATION1.Council Directive 86/362/EEC of 24 July 1986 (OJ N° L  221, 7. 8. 1986, p. 37), as amended by Directive 88/298/EEC (OJ N° L 126, 20. 5. 1988, p. 53). The following paragraphs are added to Article 16: 'However, the Federal Republic of Germany is hereby authorized to place on the market in the  territory of the former German Democratic Republic, until 31 December 1992 at the latest, Annex I  products whose hydrogen cyanide level exceeds that fixed in Annex II; this derogation shall apply  only to products originating in the territory of the former German Democratic Republic. The permitted levels may under no circumstances exceed those applicable under the legislation of  the former German Democratic Republic. The Federal Republic of Germany shall ensure that the products in question are not introduced into  parts of the Community other than the territory of the former German Democratic Republic.` 2.Council Directive 77/93/EEC of 21 December 1976 (OJ N° L 26, 31. 1. 1977, p. 20), as last amended  by Directive 90/490/EEC (OJ N° L 271, 3. 10. 1990, p. 28). The following paragraph 6 is added to Article 20: '6.  Within the limits of the traditional trade flows and in response to the production needs of  undertakings in the former German Democratic Republic, the Federal Republic of Germany may be  authorized, at its own request and in accordance with the procedure laid down in Article 16a, to  comply with Article 4 (1), Article 5 (1) and the relevant provisions of Article 12 in respect of  the territory of the former German Democratic Republic at a date later than that referred to in  paragraph 1 (b), but not later than 31 December 1992. The corresponding requests shall specify the  product and the quantities thereof concerned. Authorization shall not be given until any resultant  plant health risks have been analysed.   The Federal Republic of Germany shall ensure that the products in question are not introduced  into parts of the Community other than the territory of the former German Democratic Republic  unless it is established that the provisions of this Directive are complied with.` ANNEX IIBreeding or propagating materialI.Agricultural and vegetable species 1.Council Directive 66/400/EEC of 14 June 1966 (OJ N° L 125, 11. 7. 1966, p. 2290/66), as last  amended by Directive 88/380/EEC (OJ N° L 187, 16. 7. 1988, p. 31). (a)The following paragraph 4 is added to Article 16: '4.  Paragraph 1 shall also apply to the territory of the former German Democratic Republic until  31 December 1991. Detailed rules for application may be adopted in accordance with the procedure  laid down in Article 21.` (b)The following paragraphs are added to Article 23: 'The Federal Republic of Germany is hereby authorized to comply, in respect of the territory of the  former German Democratic Republic, with the following:   Article 3 (1), in the case of:   seed harvested prior to German unification or after unification insofar as the seed production  fields had been sown before that date,   other seed if it is certified in accordance with Article 2 (2),   Article 16, within the limits of the traditional trade flows and in response to the production  needs of undertakings in the former German Democratic Republic,   at a date later than that referred to above, but not later than 31 December 1992 in respect of  the second indent and not later than 31 December 1993 in respect of the first indent.   The Federal Republic of Germany shall ensure that seed in respect of which it applies this  authorization, other than seed specified in the second sub-indent of the first indent, is not  introduced into parts of the Community other than the territory of the former German Democratic  Republic unless it is established that the provisions of this Directive are complied with.`  2.Council Directive 66/401/EEC of 14 June 1966 (OJ N° 125, 11. 7. 1966, p. 2298/66), as last  amended by Directive 89/100/EEC (OJ N° L 38, 10. 2. 1989, p. 36). (a)The following paragraph 4 is added to Article 16: '4.  Paragraph 1 shall also apply to the territory of the former German Democratic Republic until  31 December 1991. Detailed rules for application may be adopted in accordance with the procedure  laid down in Article 21.` (b)The following paragraphs are added to Article 23: 'The Federal Republic of Germany is hereby authorized to comply, in respect of the territory of the  former German Democratic Republic, with the following: Article 3 (1), in the case of: seed harvested prior to German unification or after unification insofar as the seed production  fields had been sown before that date, other seed if it is certified in accordance with Article 2 (2); Article 8 (2), in the case of the restriction to "small quantities" for seed of Pisum sativum L.  (partim) and Vicia faba L. (partim);   Article 16, within the limits of the traditional trade flows and in response to the production  needs of undertakings in the former German Democratic Republic,  at a date later than that referred to above, but not later than 31 December 1992 in respect of the  third indent and not later than 31 December 1994 in respect of the other indents.   The Federal Republic of Germany shall ensure that seed in respect of which it applies this  authorization, other than seed specified in the second sub-indent of the first indent, is not  introduced into parts of the Community other than the territory of the former German Democratic  Republic unless it is established that the provisions of this Directive are complied with.`  3.Council Directive 66/402/EEC of 14 June 1966 (OJ N° 125, 11. 7. 1966, p. 2309/66), as last  amended by Directive 89/2/EEC (OJ N° L 5, 7. 1. 1989, p. 31). (a)The following paragraph 4 is added to Article 16: '4.  Paragraph 1 shall also apply to the territory of the former German Democratic Republic until  31 December 1991. Detailed rules may be adopted in accordance with the procedure laid down in  Article 21.` (b)The following paragraphs are added to Article 23: 'The Federal Republic of Germany is hereby authorized to comply, in respect of the territory of the  former German Democratic Republic, with the following: Article 3 (1), in the case of: seed harvested prior to German unification or after unification insofar as the seed production  fields had been sown before that date,   other seed if it is certified in accordance with Article 2 (2) (c);   Article 8 (2), in the case of the restriction to "small quantities"; Article 13 (1), in the case of seed of "Hordeum vulgare L."; Article 16, within the limits of the traditional trade flows and in response to the production  needs of undertakings in the former German Democratic Republic, at a date later than referred to above, but not later than 31 December 1992 in respect of the first  and fourth indents and not later than 31 December 1994 in respect of the second and third indents. The Federal Republic of Germany shall ensure that seed in respect of which it applies this  authorization, other than seed specified in the second sub-indent of the first indent, is not  introduced into parts of the Community other than the territory of the former German Democratic  Republic unless it is established that the provisions of this Directive are complied with.` 4.Council Directive 66/403/EEC of 14 June 1966 (OJ N° 125, 11. 7. 1966, p. 2320/66), as last  amended by Directive 90/403/EEC (OJ N° L 208, 7. 8. 1990, p. 30). The following paragraphs are added to Article 21: 'The Federal Republic of Germany is hereby authorized to comply, in respect of the territory of the  former German Democratic Republic, with the following:   Article 3 (1), in the case of:   seed potatoes harvested prior to German unification, or   seed potatoes harvested after that date if they are certified in accordance with Article 2 (2);   Article 8 (2), in the case of the restriction to "small quantities"; Article 15, within the limits of the traditional trade flows and in response to the production  needs of undertakings in the former German Democratic Republic,  at a date later than that referred to above, but not later than 31 December 1992 in respect of the  first and third indents and not later than 31 December 1994 in respect of the second indent. The Federal Republic of Germany shall ensure that seed potatoes in respect of which it applies this  authorization, other than seed potatoes specified in the second sub-indent of the first indent, are  not introduced into parts of the Community other than the territory of the former German Democratic  Republic unless it is established that the provisions of this Directive are complied with.` 5.Council Directive 69/208/EEC of 30 June 1969 (OJ N° L 169, 10. 7. 1969, p. 3), as last amended by  Directive 88/380/EEC (OJ N° L 187, 16. 7. 1988, p. 31). (a)The following paragraph 4 is added to Article 15: '4.  Paragraph 1 shall also apply to the territory of the former German Democratic Republic until  31 December 1991. Detailed rules may be adopted in accordance with the procedure laid down in  Article 20.` (b)The following paragraphs are added to Article 23: 'The Federal Republic of Germany is hereby authorized to comply, in respect of the territory of the  former German Democratic Republic, with the following: Article 3 (1), in the case of: seed harvested prior to German unification or after unification insofar as the seed production  fields had been sown before that date, other seed if it is certified in accordance with Article 2 (2); Article 16, within the limits of the traditional trade flows and in response to the production  needs of undertakings in the former German Democratic Republic, at a date later than that referred to above, but not later than 31 December 1992.   The Federal Republic of Germany shall ensure that seed in respect of which it applies this  authorization, other than seed specified in the second sub-indent of the first indent, is not  introduced into parts of the Community other than the territory of the former German Democratic  Republic unless it is established that the provisions of this Directive are complied with.` 6.Council Directive 70/457/EEC of 29 September 1970 (OJ N° L 225, 12. 10. 1970, p. 1), as last  amended by Directive 88/380/EEC (OJ N° L 187, 16. 7. 1988, p. 31). (a)The following subparagraph is added to Article 3 (3): 'With regard to the territory of the former German Democratic Republic, the dates 1 July 1972 and  30 June 1980 respectively referred to in the first sentence of the first paragraph are replaced by  those of 3 October 1990 and 31 December 1994 in respect of the varieties accepted by the  authorities of the former German Democratic Republic. This provision shall apply mutatis mutandis  to varieties which have not been officially accepted but whose seed had been marketed or sown in  the territories prior to German unification.` (b)The following subparagraph is added to Article 12 (1): 'Acceptance of the varieties by the authorities of the former German Democratic Republic prior to  German unification shall be valid until the end of the 10th calendar year at the latest following  their entry in the catalogue of varieties drawn up by the Federal Republic of Germany in accordance  with Article 3 (1).` (c)The following paragraph is added to Article 16: 'With regard to Germany, the date 1 July 1972 referred to in the introductory sentence in the first  paragraph is replaced by that of 3 October 1990 in respect of varieties accepted by the authorities  of the former German Democratic Republic. All the areas used for multiplication of the variety, as  referred to in subparagraph (c) of the first paragraph, shall be situated in the territory of the  former German Democratic Republic.` (d)The following paragraph is added to Article 17: 'In the cases referred to in the last paragraph of Article 16, the date 1 July 1972 referred to in  the introductory sentence of the first paragraph shall be replaced by the date 3 October 1990.` 7.Council Directive 70/458/EEC of 29 September 1970 (OJ N° L 225, 12. 10. 1970, p. 7), as last  amended by Directive 88/380/EEC (OJ N° L 187, 16. 7. 1988, p. 31). (a)The following subparagraph is added to Article 9 (2): 'With regard to the territory of the former German Democratic Republic, the dates 1 July 1972 and  30 June 1980 referred to in the first sentence are replaced by those of 3 October 1990 and 31  December 1994 respectively in respect of the varieties accepted by the authorities of the former  German Democratic Republic. This provision shall apply mutatis mutandis to varieties which have not been officially accepted  but whose seed had been marketed or sown in that territory prior to German unification.` (b)The following subparagraph is added to Article 13 (1): 'Acceptance of the varieties by the authorities of the former German Democratic Republic prior to  German unification shall be valid until the end of the 10th calendar year at the latest following  their entry in the catalogue of varieties drawn up by the Federal Republic of Germany in accordance  with Article 3 (1).` (c)The following subparagraph is added to Article 16 (4): 'With regard to Germany, the date 1 July 1972 referred to in the first sentence of the first  subparagraph is replaced by that of 3 October 1990 in respect of the varieties accepted by the  authorities of the former German Democratic Republic.` (d)The following paragraphs are added to Article 43: 'The Federal Republic of Germany is hereby authorized to comply, in respect of the territory of the  former German Democratic Republic, with the following: Article 20 (1), in the case of seed harvested prior to German unification or after unification  insofar as the seed production fields had been sown before that date,   Article 32 (1) (d), within the limits of the traditional trade flows and in response to the  production needs of undertakings in the former German Democratic Republic,   at a date later than that referred to above, but not later than 31 December 1992.   The Federal Republic of Germany shall ensure that seed in respect of which it applies this  authorization is not introduced into parts of the Community other than the territory of the former  German Democratic Republic unless it is established that the provisions of this Directive are  complied with.` 8.Council Decision 78/476/EEC of 30 May 1978 (OJ N° L 152, 8. 6. 1978, p. 17), as last amended by Decision 88/574/EEC (OJ N° L 313, 19. 11. 1988, p. 45), Council Decision 85/355/EEC of 27 June 1985  (OJ N° L 195, 26. 7. 1985, p. 1) and Council Decision 85/356/EEC of 27 June 1985 (OJ N° L 195, 26.  7. 1985, p. 20), the latter two as last amended by Decision 90/402/EEC (OJ N° L 208, 7. 8. 1990, p. 27). References in the Annexes to the German Democratic Republic are hereby deleted. II.Other provisions 1.Council Directive 68/193/EEC of 9 April 1968 (OJ N° L 93, 17. 4. 1968, p. 15), as last amended by  Directive 88/332/EEC (OJ N° L 151, 17. 6. 1988, p. 82). The following paragraphs are added to Article 19: 'The Federal Republic of Germany is hereby authorized to comply, in respect of the territory of the  former German Democratic Republic, with Article 3 (1) at a date later than that referred to above,  but not later than 1 January 1995. The Federal Republic of Germany shall ensure that the material in respect of which it applies this  authorization is not introduced into parts of the Community other than the territory of the former  German Democratic Republic unless it is established that the provisions of this Directive are  complied with.` 2.Council Directive 66/404/EEC of 14 June 1966 (OJ N° 125, 11. 7. 1966, p. 2326/66), as last  amended by Directive 88/332/EEC (OJ N° L 151, 17. 6. 1988, p. 82). (a)The following sentence is added to Article 5e: 'With regard to the former German Democratic Republic, the date 1 July 1977 shall be replaced by  that of 1 July 1990 and the expiry of the transitional period is fixed at 31 December 1994.` (b)The following paragraph is added to Article 18: '3a.  The Federal Republic of Germany is hereby authorized to comply, in respect of the territory  of the former German Democratic Republic, with Article 4 (1) at a date later than referred to  above, but not later than 1 January 1995. The Federal Republic of Germany shall ensure that the material in respect of which it applies this  authorization is not introduced into parts of the Community other than the territory of the former  German Democratic Republic unless it is established that the provisions of this Directive are  complied with.` 3.Council Directive 71/161/EEC of 30 March 1971 (OJ N° L 87, 17. 4. 1971, p. 14), as last amended  by Regulation (EEC) N° 3768/85 (OJ N° L 362, 31. 12. 1985, p. 8). The following paragraphs are added to Article 19: 'The Federal Republic of Germany is hereby authorized to comply, in respect of the territory of the  former German Democratic Republic, with the provisions of Article 5 (1) at a date later than that  referred to above, but not later than 1 January 1995.   The Federal Republic of Germany shall ensure that the material in respect of which it applies  this authorization is not introduced into parts of the Community other than the territory of the  former German Democratic Republic unless it is established that the provisions of this Directive  are complied with.` ANNEX IIILEGISLATION ON ANIMAL FEEDINGSTUFFS1.Council Directive 70/524/EEC of 23  November 1970 (OJ N° L 270, 14. 12. 1970, p. 1), as last amended by Directive 90/412/EEC (OJ N° L  209, 8. 8. 1990, p. 25). The following paragraph is added to Article 26: 'However, in the case of the territory of the former German Democratic Republic, the Federal  Republic of Germany may: maintain the provisions applicable prior to unification under which the use of the following  additives in feedingstuffs is authorized: Olaquindox, Nourseothricine, Ergambur. This derogation shall expire on the date of the Decision to be taken, in accordance with Article 7,  on the authorization or prohibition of the use of the additives listed above, and by 31 December  1992 at the latest. The Federal Republic of Germany shall ensure that those additives and any  feedingstuffs into which they are incorporated are not dispatched to other parts of the Community;  derogate, until 31 December 1991, from the labelling provisions in Articles 14, 15 and 16 for the  additives, additive pre-mixtures and compound feedingstuffs to which additives have been added,  produced in the territory in question.` 2.Council Directive 77/101/EEC of 23 November 1976 (OJ N° L 32, 3. 2. 1977, p. 1), as last amended  by Directive 87/234/EEC (OJ N° L 102, 14. 4. 1987, p. 31).   The following paragraph is added to Article 15:  'However, the Federal Republic of Germany may until 31 December 1991 derogate from the labelling  provisions in Article 7 for straight feedingstuffs produced in the territory of the former German  Democratic Republic.`   3.Council Directive 79/373/EEC of 2 April 1979 (OJ N° L 86, 6. 4. 1979, p. 30), as last amended  by Directive 90/44/EEC (OJ N° L 27, 31. 1. 1990, p. 25).   The following paragraph is added to Article 16:  'However, the Federal Republic of Germany may until 21 January 1992 derogate from the labelling  provisions in Article 5 for compound feedingstuffs produced in the territory of the former German  Democratic Republic.`   4.Council Directive 82/471/EEC of 30 June 1982 (OJ N° L 213, 21. 7. 1982, p. 8), as last amended  by Directive 90/439/EEC (OJ N° L 227, 21. 8. 1990, p. 33). The following paragraph 3 is added to Article 4: '3.  In the territory of the former German Democratic Republic, the use in feedingstuffs of protein  products obtained from yeast of the Candida genus cultured on n-alkanes shall not be prohibited  until 31 December 1991. The Federal Republic of Germany shall ensure that the products in question are  not dispatched to other parts of the Community.`   The following paragraph is added to Article 17:   'However, the Federal Republic of Germany may until 31 December 1991 derogate from the labelling  provisions in Article 5 for feedingstuffs produced in the territory of the former German Democratic  Republic.` ANNEX IVVETERINARY LEGISLATION1.Council Decision 88/303/EEC of 24 May 1988 (OJ N° L  132, 28. 5. 1988, p. 76), as last amended by Decision 90/63/EEC (OJ N° L 43, 17. 2. 1990, p. 32).  The following territories are added to Chapter 1 of Annex II:  'Bezirke Rostock, Schwerin, Neubrandenburg, Potsdam, Frankfurt, Cottbus, Magdeburg, Halle, Erfurt,  Gera, Suhl, Dresden, Leipzig, Chemnitz and Berlin.`   2.Council Directive 71/118/EEC of 15 February 1971 (OJ N° L 55, 8. 3. 1971, p. 23), as last  amended by Directive 89/662/EEC (OJ N° L 395, 30. 12. 1989, p. 13).   The following text is inserted as Article 15d:  'Article 15d   1.  Until 31 December 1992 the Federal Republic of Germany may derogate, in the territory of the  former German Democratic Republic, from the following provisions:   Article 3 (1) A. (a) and (e).   Article 3 (1) A. (c) regarding the requirements referred to in Annex I to Chapter V 28a to 28b,   Article 3 (1) B. (a),   Article 3 (1) B. (e) regarding the requirements in A. (e).   2.  Products from the establishments referred to in paragraph 1 shall be reserved exclusively for  consumption in the territory of the former German Democratic Republic.   3.  The establishments referred to in this Article shall be entered on a special list and  allocated a special veterinary approval number which cannot be confused with the approval number  laid down for intra-Community trade within the meaning of Article 5 (1).`


title: Commission Directive 2007/42/EC of 29 June 2007 relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs (Codified version) (Text with EEA relevance)

text:
               30.6.2007

               EN

               Official Journal of the European Union

               L 172/71

      COMMISSION DIRECTIVE 2007/42/EC
   of 29 June 2007
   relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs
   (Text with EEA relevance)
   (Codified version)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (1), and in particular Article 5 thereof,
   Whereas:

               (1)

               Commission Directive 93/10/EEC of 15 March 1993 relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               The Community measures envisaged by this Directive are not only necessary but also indispensable for the attainment of the objectives of the internal market. These objectives cannot be achieved by Member States individually. Furthermore, their attainment at Community level is already provided for by Regulation (EC) No 1935/2004.

               (3)

               In order to achieve the objective laid down in Article 3(1) of Regulation (EC) No 1935/2004 in the case of regenerated cellulose film, the suitable instrument was a specific directive within the meaning of Article 5 of that Regulation.

               (4)

               Synthetic casings of regenerated cellulose should be the subject of specific provisions.

               (5)

               The method for determining the absence of migration of colouring matters should be established at a later stage.

               (6)

               Until criteria of purity and methods of analysis have been drawn up, national provisions should remain in force.

               (7)

               The establishment of a list of approved substances, accompanied by limits to the quantities to be used, is sufficient in principle in this specific case to achieve the objective laid down in Article 3(1) of Regulation (EC) No 1935/2004.

               (8)

               However, the bis(2-hydroxyethyl)ether (= diethyleneglycol) and ethanediol (= monoethyleneglycol) can migrate extensively to certain foodstuffs and therefore in order to avoid this possibility, as a preventive measure, it is more appropriate to lay down definitively the maximum authorised quantity of such substances in foodstuffs which have been in contact with regenerated cellulose film.

               (9)

               To protect the health of the consumer, direct contact between foodstuffs and the printed surfaces of regenerated cellulose film should be avoided.

               (10)

               The written declaration referred to in Article 16(1) of Regulation (EC) No 1935/2004 should be provided for in the event of professional use of regenerated cellulose film for materials and articles intended to come into contact with foodstuffs, except those which are, by their nature, intended for this use.

               (11)

               The rules to be applied to the regenerated cellulose films should be specific to the nature of the layer in contact with the foodstuff. Accordingly, the requirements for regenerated cellulose films coated with coatings consisting of plastics should be different from those provided for regenerated cellulose films uncoated or coated with coatings derived from cellulose.

               (12)

               Only authorised substances should be used in the manufacture of all the types of regenerated cellulose films, including regenerated cellulose films coated with plastics.

               (13)

               In the case of regenerated cellulose films coated with coatings consisting of plastics, the layer in contact with foodstuffs consists of a material similar to plastic materials and articles intended to come into contact with foodstuffs. Therefore it is appropriate that the rules provided for in Commission Directive 2002/72/EC of 6 August 2002 relating to plastic materials and articles intended to come into contact with foodstuffs (4) apply also to such films.

               (14)

               In the interest of consistency of Community legislation, the verification of compliance of plastic-coated regenerated cellulose films with the migration limits set by Directive 2002/72/EC should be carried out according to the rules laid down in Council Directive 82/711/EEC of 18 October 1982 laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs (5) and Council Directive 85/572/EEC of 19 December 1985 laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs (6).

               (15)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health.

               (16)

               This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex III, Part B,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   1.   This Directive is a specific directive within the meaning of Article 5 of Regulation (EC) No 1935/2004.
   2.   This Directive shall apply to regenerated cellulose film within the meaning of the description given in Annex I which is intended to come into contact with foodstuffs or which, by virtue of its purpose, does come into such contact and which either:

               (a)

               constitutes a finished product in itself; or

               (b)

               forms part of a finished product containing other materials.

         3.   This Directive shall not apply to synthetic casings of regenerated cellulose.
   Article 2
   The regenerated cellulose films referred to in Article 1(2) shall belong to one of the following types:

               (a)

               uncoated regenerated cellulose film;

               (b)

               coated regenerated cellulose film with coating derived from cellulose; or

               (c)

               coated regenerated cellulose film with coating consisting of plastics.

         Article 3
   1.   Regenerated cellulose films referred to in Article 2(a) and (b) shall be manufactured using only substances or groups of substances listed in Annex II subject to the restrictions set out therein.
   2.   By way of derogation from paragraph 1, substances other than those listed in Annex II may be used when these substances are employed as colouring matter (dyes and pigments) or as adhesives, provided that there is no trace of migration of the substances into or onto foodstuffs, detectable by a validated method.
   Article 4
   1.   Regenerated cellulose film referred to in Article 2(c) shall be manufactured, prior to coating, using only substances or groups of substances listed in the first part of Annex II, subject to the restrictions set out therein.
   2.   The coating to be applied to the regenerated cellulose film referred to in paragraph 1 shall be manufactured using only substances or groups of substances listed in Annexes II to VI to Directive 2002/72/EC, subject to the restrictions set out therein.
   3.   Without prejudice to paragraph 1, materials and articles made of regenerated cellulose film referred to in Article 2(c) shall comply with Articles 2, 7 and 8 of Directive 2002/72/EC.
   Article 5
   Printed surfaces of regenerated cellulose film shall not come into contact with the foodstuffs.
   Article 6
   1.   At the marketing stages other than the retail stages, materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs shall be accompanied by a written declaration in accordance with Article 16(1) of Regulation (EC) No 1935/2004.
   2.   Paragraph 1 shall not apply to materials and articles made of regenerated cellulose film which by their nature are clearly intended to come into contact with foodstuffs.
   3.   Where special conditions of use are indicated, the material or article made of regenerated cellulose film shall be labelled accordingly.
   Article 7
   Directive 93/10/EEC, as amended by the Directives listed in Annex III, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex III, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IV.
   Article 8
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 9
   This Directive is addressed to the Member States.

      Done at Brussels, 29 June 2007.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 338, 13.11.2004, p. 4.

      (2)  OJ L 93, 17.4.1993, p. 27. Directive as last amended by Directive 2004/14/EC (OJ L 27, 30.1.2004, p. 48).

      (3)  See Annex III, Part A.

      (4)  OJ L 220, 15.8.2002, p. 18. Directive as last amended by Directive 2007/19/EC (OJ L 91, 31.3.2007, p. 17).

      (5)  OJ L 297, 23.10.1982, p. 26. Directive as last amended by Commission Directive 97/48/EC (OJ L 222, 12.8.1997, p. 10).

      (6)  OJ L 372, 31.12.1985, p. 14. Directive as last amended by Commission Directive 2007/19/EC.

      ANNEX I
      DESCRIPTION OF REGENERATED CELLULOSE FILM
      Regenerated cellulose film is a thin sheet material obtained from a refined cellulose derived from unrecycled wood or cotton. To meet technical requirements, suitable substances may be added either in the mass or on the surface. Regenerated cellulose film may be coated on one or both sides.

      ANNEX II
      LIST OF SUBSTANCES AUTHORISED IN THE MANUFACTURE OF REGENERATED CELLULOSE FILM
      NB:

                  —

                  The percentages in this Annex, first and second parts, are expressed in weight/weight (w/w) and are calculated in relation to the quantity of anhydrous uncoated regenerated cellulose film.

                  —

                  The usual technical denominations are given in square brackets.

                  —

                  The substances used shall be of good technical quality as regards the purity criteria.

            FIRST PART
      Uncoated regenerated cellulose film

                  Denominations

                  Restrictions

                              A.

                              Regenerated cellulose

                  Not less than 72 % (w/w)

            B.   Additives

                              1.

                              Softeners

                  Not more than 27 % (w/w) in total

                              —

                              Bis (2-hydroxyethyl) ether [= diethyleneglycol]

                  Only for films intended to be coated and then used for foodstuffs which are not moist, namely which do not contain water which is physically free at the surface. The total amount of bis(2-hydroxyethyl)ether and ethanediol present in foodstuffs that have been in contact with film of this type may not exceed 30 mg/kg of the foodstuff.

                              —

                              Ethanediol [= monoethyleneglycol]

                              —

                              1,3-butanediol

                              —

                              Glycerol

                              —

                              1,2-propanediol [= 1,2 propyleneglycol]

                              —

                              Polyethylene oxide [= polyethyleneglycol]

                  Average molecular weight between 250 and 1 200.

                              —

                              1,2-polypropylene oxide [= 1,2 polypropyleneglycol]

                  Average molecular weight not greater than 400 and free 1,3-propanediol content not greater than 1 % (w/w) in substance.

                              —

                              Sorbitol

                              —

                              Tetraethyleneglycol

                              —

                              Triethyleneglycol

                              —

                              Urea

                              2.

                              Other additives

                  Not more than 1 % (w/w) in total.

                     First class

                  The quantity of the substance or group of substances in each indent may not exceed 2 mg/dm2 of the uncoated film.

                              —

                              Acetic acid and its NH4, Ca, Mg, K and Na salts

                              —

                              Ascorbic acid and its NH4, Ca, Mg, K and Na salts

                              —

                              Benzoic acid and sodium benzoate

                              —

                              Formic acid and its NH4, Ca, Mg, K and Na salts

                              —

                              Linear fatty acids, saturated or unsaturated, with an even number of carbon atoms from 8 to 20 inclusive and also behenic and ricinoleic acids and the NH4, Ca, Mg, K, Na, Al, Zn salts of these acids

                              —

                              Citric, d- and l-lactic, maleic, l-tartaric acids and their Na and K salts

                              —

                              Sorbic acid and its NH4, Ca, Mg, K and Na salts

                              —

                              Amides of linear fatty acids, saturated or unsaturated, with an even number of carbon atoms from 8 to 20 inclusive and also the amides of behenic and ricinoleic acids

                              —

                              Natural edible starches and flours

                              —

                              Edible starches and flours modified by chemical treatment

                              —

                              Amylose

                              —

                              Calcium and magnesium carbonates and chlorides

                              —

                              Esters of glycerol with linear fatty acids, saturated or unsaturated, with an even number of carbon atoms from 8 to 20 inclusive and/or with adipic, citric, 12-hydroxystearic (oxystearin), ricinoleic acids

                              —

                              Esters of polyoxyethylene (8 to 14 oxyethylene groups) with linear fatty acids, saturated or unsaturated, with an even number of carbon atoms from 8 to 20 inclusive

                              —

                              Esters of sorbitol with linear fatty acids, saturated or unsaturated, with an even number of carbon atoms from 8 to 20 inclusive

                              —

                              Mono-and/or di-esters of stearic acid with ethanediol and/or bis (2-hydroxyethyl) ether and/or triethylene glycol

                              —

                              Oxides and hydroxides of aluminium, calcium, magnesium and silicon and silicates and hydrated silicates of aluminium, calcium, magnesium and potassium

                              —

                              Polyethylene oxide [= polyethyleneglycol]

                  Average molecular weight between 1 200 and 4 000.

                              —

                              Sodium propionate

                     Second class

                  The total quantity of the substances may not exceed 1 mg/dm2 of the uncoated film and the quantity of the substance or group of substances in each indent may not exceed 0,2 mg/dm2 (or a lower limit where one is specified) of the uncoated film.

                              —

                              Sodium alkyl (C8-C18) benzene sulphonate

                              —

                              Sodium isopropyl naphthalene sulphonate

                              —

                              Sodium alkyl (C8-C18) sulphate

                              —

                              Sodium alkyl (C8-C18) sulphonate

                              —

                              Sodium dioctylsulphosuccinate

                              —

                              Distearate of dihydroxyethyl diethylene triamine monoacetate

                  Not more than 0,05 mg/dm2 of the uncoated film.

                              —

                              Ammonium, magnesium and potassium lauryl sulphates

                              —

                              N,N′-distearoyl diaminoethane, N,N′-dipalmitoyl diaminoethane and N,N′-dioleoyl diaminoethane

                              —

                              2-heptadecyl-4,4-bis(methylene-stearate) oxazoline

                              —

                              Polyethylene-aminostearamide ethylsulphate

                  Not more than 0,1 mg/dm2 of the uncoated film.

                     Third class — Anchoring agent

                  The total quantity of substances may not exceed 1 mg/dm2 of the uncoated film.

                              —

                              Condensation product of melamine-formaldehyde unmodified, or which may be modified with one or more of the following products:
                              butanol, diethylenetriamine, ethanol, triethylenetetramine, tetraethylenepentamine, tri-(2-hydroxyethyl) amine, 3,3′-diaminodipropylamine, 4,4′-diaminodibutylamine

                  Free formaldehyde content not greater than 0,5 mg/dm2 of the uncoated film.
                  Free melamine content not greater than 0,3 mg/dm2 of the uncoated film.

                              —

                              Condensation product of melamine-urea-formaldehyde modified with tris-(2-hydroxyethyl)amine

                  Free formaldehyde content not greater than 0,5 mg/dm2 of the uncoated film.
                  Free melamine content not greater than 0,3 mg/dm2 of the uncoated film.

                              —

                              Cross-linked cationic polyalkyleneamines:

                                          (a)

                                          polyamide-epichlorhydrin resin based on diaminopropylmethylamine and epichlorhydrin;

                                          (b)

                                          polyamide-epichlorhydrin resin based on epichlorhydrin, adipic acid, caprolactam, diethylenetriamine and/or ethylenediamine;

                                          (c)

                                          polyamide-epichlorhydrin resin based on adipic acid, diethylenetriamine and epichlorhydrin, or a mixture of epichlorhydrin and ammonia;

                                          (d)

                                          polyamide-polyamine-epichlorhydrin resin based on epichlorhydrin, dimethyl adipate and diethylenetriamine;

                                          (e)

                                          polyamide-polyamine-epichlorhydrin resin based on epichlorhydrin, adipamide and diaminopropylmethylamine

                  In accordance with Community directives and in their absence, with national legislation, pending the adoption of Community directives.

                              —

                              Polyethyleneamines and polyethyleneimines

                  Not more than 0,75 mg/dm2 of the uncoated film.

                              —

                              Condensation product of urea-formaldehyde unmodified, or which may be modified with one or of the following products:
                              aminomethylsulphonic acid, sulphanilic acid, butanol, diaminobutane, diaminodiethylamine, diaminodipropylamine, diaminopropane, diethylenetriamine, ethanol, guanidine, methanol, tetraethylenepentamine, triethylenetetramine, sodium sulphite

                  Free formaldehyde content not greater than 0,5 mg/dm2 of the uncoated film.

                     Fourth class

                  The total quantity of substances may not exceed 0,01 mg/dm2 of the uncoated film.

                              —

                              Products resulting from the reaction of the amines of edible oils with polyethylene oxide

                              —

                              Monoethanolamine lauryl sulphate

      SECOND PART
      Coated regenerated cellulose film

                  Denominations

                  Restrictions

                              A.

                              Regenerated cellulose

                  See first part.

                              B.

                              Additives

                  See first part.

            C.   Coating

                              1.

                              Polymers

                  The total quantity of substances may not exceed 50 mg/dm2 of the coating on the side in contact with foodstuffs.

                              —

                              Ethyl, hydroxyethyl, hydroxypropyl and methyl ethers of cellulose

                              —

                              Cellulose nitrate

                  Not more than 20 mg/dm2 of the coating on the side in contact with foodstuffs; nitrogen content between 10,8 % (w/w) and 12,2 % (w/w) in the cellulose nitrate.

                              2.

                              Resins

                  The total quantity of substances may not exceed 12,5 mg/dm2 of the coating on the side in contact with foodstuffs and solely for the preparation of regenerated cellulose films with cellulose nitrate based coatings.

                              —

                              Casein

                              —

                              Colophony and/or its products of polymerization, hydrogenation, or disproportionation and their esters of methyl, ethyl or C2 to C6 polyvalent alcohols, or mixtures of these alcohols

                              —

                              Colophony and/or its products of polymerization, hydrogenation, or disproportionation condensed with acrylic, maleic, citric, fumaric and/or phthalic acids and/or 2,2 bis (4-hydroxyphenyl) propane formaldehyde and esterified with methyl ethyl or C2 to C6 polyvalent alcohols or mixtures of these alcohols

                              —

                              Esters derived from bis(2-hydroxyethyl) ether with addition products of betapinene and/or dipentene and/or diterpene and maleic anhydride

                              —

                              Edible gelatine

                              —

                              Castor oil and its products of dehydration or hydrogenation and its condensation products with polyglycerol, adipic, citric, maleic, phthalic and sebacic acids

                              —

                              Natural gum [= damar]

                              —

                              Poly-beta-pinene [= terpenic resins]

                              —

                              Urea-formaldehyde resins (see anchoring agents)

                              3.

                              Plasticisers

                  The total quantity of substances may not exceed 6 mg/dm2 of the coating on the side in contact with foodstuffs.

                              —

                              Acetyl tributyl citrate

                              —

                              Acetyl tri(2-ethylhexyl) citrate

                              —

                              Di-isobutyl adipate

                              —

                              Di-n-butyl adipate

                              —

                              Di-n-hexyl azelate

                              —

                              Dicyclohexyl phthalate

                  Not more than 4,0 mg/dm2 of the coating on the side in contact with foodstuffs.

                              —

                              2-ethylhexyl diphenyl phosphate (synonym: phosphoric acid diphenyl 2 ethylhexyl ester)

                  The amount of 2-ethylhexyl diphenyl phosphate shall not exceed:

                              (a)

                              2,4 mg/kg of the foodstuff in contact with this type of film; or

                              (b)

                              0,4 mg/dm2 in the coating on the side in contact with foodstuffs.

                              —

                              Glycerol monoacetate [= monoacetin]

                              —

                              Glycerol diacetate [= diacetin]

                              —

                              Glycerol triacetate [= triacetin]

                              —

                              Di-butyl sebacate

                              —

                              Di-n-butyl tartrate

                              —

                              Di-isobutyl tartrate

                              4.

                              Other additives

                  The total quantity of substances may not exceed 6 mg/dm2 in the uncoated regenerated cellulose film, inclusive of the coating on the side in contact with foodstuffs.

                              4.1.

                              Additives listed in the first part

                  Same restrictions as in the first part (however the quantities in mg/dm2 refer to the uncoated regenerated cellulose film, inclusive of the coating on the side in contact with foodstuffs).

                              4.2.

                              Specific coating additives

                  The quantity of the substance or group of substances in each indent may not exceed 2 mg/dm2 (or a lower limit where one is specified) of the coating on the side in contact with foodstuffs.

                              —

                              1-hexadecanol and 1-octadecanol

                              —

                              Esters of linear fatty acids, saturated or unsaturated, with an even number of carbon atoms from 8 to 20 inclusive and of ricinoleic acid with ethyl, butyl, amyl and oleyl linear alcohols

                              —

                              Montan waxes, comprising purified montanic (C26 to C32) acids and/or their esters with ethanediol and/or 1,3 butanediol and/or their calcium and potassium salts

                              —

                              Carnauba wax

                              —

                              Beeswax

                              —

                              Esparto wax

                              —

                              Candelilla wax

                              —

                              Dimethylpolysiloxane

                  Not more than 1 mg/dm2 of the coating on the side in contact with foodstuffs.

                              —

                              Epoxidised soya-bean oil (oxirane content 6 to 8 %)

                              —

                              Refined paraffin and microcrystalline waxes

                              —

                              Pentaerythritol tetrastearate

                              —

                              Mono and bis(octadecyldiethyleneoxide)-phosphates

                  Not more than 0,2 mg/dm2 of the coating on the side in contact with foodstuffs.

                              —

                              Aliphatic acids (C8 to C20) esterified with mono- or di-(2-hydroxyethyl)amine

                              —

                              2- and 3-tert.butyl-4-hydroxyanisole [= butylated hydroxyanisole — BHA]

                  Not more than 0,06 mg/dm2 of the coating on the side in contact with foodstuffs.

                              —

                              2,6-di-tert.butyl-4-methylphenol [= butylated hydroxytoluene — BHT]

                  Not more than 0,06 mg/dm2 of the coating on the side in contact with foodstuffs.

                              —

                              Di-n-octyltin-bis(2-ethylhexyl) maleate

                  Not more than 0,06 mg/dm2 of the coating on the side in contact with foodstuffs.

                              5.

                              Solvents

                  The total quantity of substances may not exceed 0,6 mg/dm2 of the coating on the side in contact with foodstuffs.

                              —

                              Butyl acetate

                              —

                              Ethyl acetate

                              —

                              Isobutyl acetate

                              —

                              Isopropyl acetate

                              —

                              Propyl acetate

                              —

                              Acetone

                              —

                              1-butanol

                              —

                              Ethanol

                              —

                              2-butanol

                              —

                              2-propanol

                              —

                              1-propanol

                              —

                              Cyclohexane

                              —

                              Ethyleneglycol monobutyl ether

                              —

                              Ethyleneglycol monobutyl ether acetate

                              —

                              Methyl ethyl ketone

                              —

                              Methyl isobutyl ketone

                              —

                              Tetrahydrofuran

                              —

                              Toluene

                  Not more than 0,06 mg/dm2 of the coating on the side in contact with foodstuffs.

      ANNEX III
      PART A
      Repealed Directive with list of its successive amendments
      (referred to in Article 7)

                  Commission Directive 93/10/EEC

                  (OJ L 93, 17.4.1993, p. 27).

                  Commission Directive 93/111/EC

                  (OJ L 310, 14.12.1993, p. 41).

                  Commission Directive 2004/14/EC

                  (OJ L 27, 30.1.2004, p. 48).

            PART B
      List of time-limits for transposition into national law and application
      (referred to in Article 7)

                  Directive

                  Time-limit for transposition

                  Date of application

                  93/10/EEC

                  1 January 1994

                  1 January 1994 (1)

                  1 January 1994 (2)

                  1 January 1995 (3)

                  93/111/EC

                  —

                  —

                  2004/14/EC

                  29 July 2005

                  29 July 2005 (4)

                  29 January 2006 (5)

         (1)  In accordance with the first indent of Article 5(1) of Directive 93/10/EEC: ‘Member States shall permit, as from 1 January 1994, the trade in and use of regenerated cellulose film which is intended to come into contact with foodstuffs complying with this Directive.’

         (2)  In accordance with the second indent of Article 5(1) of Directive 93/10/EEC: ‘Member States shall prohibit, as from 1 January 1994, the trade in and use of regenerated cellulose film which is intended to come into contact with foodstuffs and which complies with neither this Directive nor Directive 83/229/EEC, other than film which Directive 92/15/EEC prohibits as from 1 July 1994.’

         (3)  In accordance with the third indent of Article 5(1) of Directive 93/10/EEC: ‘Member States shall prohibit, as from 1 January 1995, the trade in and use of regenerated cellulose film which is intended to come into contact with foodstuffs and which does not comply with this Directive but did comply with Directive 83/229/EEC.’

         (4)  In accordance with Article 2(1)(a) of Directive 2004/14/EC: ‘Member States shall apply those provisions in such a way as to permit the trade in and use of regenerated cellulose film which is intended to come into contact with foodstuffs complying with this Directive, from 29 July 2005.’

         (5)  In accordance with Article 2(1)(b) of Directive 2004/14/EC: ‘Member States shall apply those provisions in such a way as to prohibit the manufacture and importation into the Community of regenerated cellulose film which is intended to come into contact with foodstuffs and which does not comply with the provisions of this Directive as from 29 January 2006.’

      ANNEX IV
      Correlation table

                  Directive 93/10/EEC

                  This Directive

                  Article 1(1) and (2)

                  Article 1(1) and (2)

                  Article 1(3), introductory wording, point (b)

                  Article 1(3)

                  Article 1a

                  Article 2

                  Article 2

                  Article 3

                  Article 2a

                  Article 4

                  Article 3

                  Article 5

                  Article 4

                  Article 6

                  Article 5

                  —

                  Article 6

                  —

                  —

                  Article 7

                  —

                  Article 8

                  Article 7

                  Article 9

                  Annex I

                  Annex I

                  Annex II

                  Annex II

                  Annex III

                  —

                  —

                  Annex III

                  —

                  Annex IV