title: EEC Council: Directives determining the procedure for progressive implementation of the right of establishment in the overseas countries and territories and the french overseas departments

text:
 38                                  Official Journal of the European Communities
10.2.60                        OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                       147/60
                                                      DIRECTIVES
              determining the procedure for progressive implementation of the right of establishment
                     in the overseas countries and territories and the French overseas departments
THE COUNCIL         OF THE EUROPEAN ECONOMIC                    Whereas, account being taken of the fact that other
COMMUNITY,                                                      economic measures affecting the association are being
                                                                implemented, the abolition of discrimination as
Having regard to the provisions of the Treaty, and              regards the right of establishment in the overseas
in particular Articles 131 , 132 (5 ), 136, 189 and 198         countries and territories , must take place
thereof.                                                        progressively;
Having regard to the provisions of the Implementing             Whereas Article 14 of the Implementing Convention
Convention on the Association of the Overseas                   provides that the results achieved by the end of the
Countries and Territories with the Community, in                fifth year as regards the right of establishment must
particular Articles 8 , 14, 16 and 17 thereof, .                be maintained;
Having regard to the Opinion of the Economic and                Whereas under the second paragraph of Article 136
Social Committee,                                               of the Treaty aforesaid the Council, before the
                                                                Implementing. Convention expires, is to lay down
Having regard to the opinion of the governmental or             provisions for a further period on the basis of the
local authorities of the associated overseas countries          experience acquired and of the principles set out in
and territories,                                                the Treaty; .
                                                                Whereas    consequently the abolition        of certain
Having     regard     to    the   proposal    from    the       discriminations must be deferred until after the
Commission,
                                                                five-year period ;
Whereas priority should be given to activities in               Whereas present circumstances mak£ it difficult for
respect of which freedom of establishment would                 the time being to apply Article 8 of the Implementing
make an especially useful contribution to promotion             Convention in the territories specified in Article 16 of
of the economic and social development of the                   that Convention, save as regards certain laws,
overseas countries and territories ;                            regulations and administrative provisions in the
                                                                French overseas departments ;
Whereas in preparing these directives account has
been taken of the degree of freedom of establishment            Whereas in the Belgian Congo and Ruanda-Urundi
that has actually been attained in the judicial systems         there is triple tax exemption . in favour only of
of the various countries as described by the                    Belgian societes anonymes which convert themselves
governments concerned, and whereas the purpose of               into Congolese companies limited by shares, and
these directives is to strengthen, by setting out certain       whereas a study is at present being conducted as to
results to be achieved, the steps which those                   whether this exemption should be cancelled by the
governments have taken ;                                        authority which introduced it, and whereas it is
                                                                accordingly appropriate to set this question aside for
Whereas, therefore, none of them could . be                     the time being ;
interpreted to preclude any measures to extend the
right of establishment which might be taken by                  Whereas consequently it appears to be unnecessary at
national or local authorities themselves, within the            the present time to issue any directives on that
framework of the Treaty and the Implementing                    subject;
Convention annexed thereto ;
                                                                Whereas there exists no discrimination in Italian
Whereas the Implementing Convention has been                    Somaliland and consequently there is no need to
concluded for a limited period ;                                issue any directives in regard to that country;
 ---pagebreak---                                        Official Journal of the European Communities                                    39
"Whereas any Member State is entitled to invoke the                       in French Somaliland, New Caledonia and
provisions of Article 8 aforesaid of the Implementing                     dependencies, French Polynesia :
Convention concerning each associated country or
territory, whatever the present international status of                   the right to carry on the occupation of
such country or territory may be ;                                        hotel-keeper shall be extended to nationals and
                                                                          companies and firms of Member States other
                                                                          than the French Republic.
Whereas under Article 132 (5 ) the right of
 establishment of nationals and companies or firms of                 3 . In the Republic of Senegal, the Republic of
the associated countries and territories is to be
                                                                          Soudan, the Republic of Ivory Coast, the'
regulated in accordance with the provisions and                           Republic of Dahomey, the Islamic Republic of
procedures laid down in the Chapter relating to the                       Mauritania, the Republic of Niger, the
right of establishment and on a non-discriminatory                        Republic of Upper Volta, the Republic of
 basis, subject to any special provisions laid down                       Madagascar,
 pursuant to Article 136;
                                                                          in French Somaliland :
Whereas the problems relating thereto do not form                         the right to carry on the occupation of
 the subject of the text hereinafter contained;                           land-surveyor and valuer shall be extended to
                                                                          nationals of Member States other than the
                                                                          French Republic who hold the official
HAS ADOPTED THE FOLLOWING DIRECTIVES :                                    certificate or diploma required in France or an
                                                                          equivalent certificate in their State of origin,
                                                                          on condition in the latter case that the
                            Article 1                                     functions of a land-surveyor and valuer are
                                                                          subject to regulation in that State.
In the overseas countries and territories the right of
 establishment shall be extended progressively to                     4. In the Republic of Senegal, the Republic pf
 nationals and companies or firms of Member States                        Soudan, the Republic of Ivory Coast, the
other than the Member State which has special                             Republic of Dahomey, the Islamic Republic of
relations with the countries or territories concerned,                    Mauritania, the Republic of Niger, the
in manner following:                                                      Republic of Upper Volta, the Republic of
                                                                          Congo, the Central African Republic, the
 ( a) In the second year of application of the                            Republic of Chad, the Republic of Gabon, the
       Convention :                                                       Republic of Madagascar,
       1 . In the Republic of Senegal, the Republic of                    in Saint Pierre and Miquelon, the Comoro
           Soudan, the Republic of Ivory Coast, the                       Archipelago, French Somaliland, New
           Republic of Dahomey, the Islamic Republic of                   Caledonia       and    dependencies,     French
           Mauritania, the Republic of Niger, the                         Polynesia, the Southern and Antarctic
           Republic of Upper Volta, the Republic of                       Territories,
           Madagascar,
                                                                          in the Republic of Togoland and the State of
           in Saint Pierre and Miquelon, the Comoro                       Cameroun :
           Archipelago,      French    Somaliland,     New
                                                                          the right to carry on the occupation of
           Caledonia       and     dependencies,     French               architect on the part of nationals of Member
           Polynesia,    the    Southern    and    Antarctic              States other than the French Republic who
           Territories :
                                                                          hold the diploma required in France or an
           companies and firms of Member States other                     equivalent certificate in their State of origin,
           than the French Republic shall be given full                   on condition in the latter case that the
           legal recognition. These companies and firms                   functions of an architect are subject to
           and their subsidiaries may, in particular, own                 regulation in that State, shall no longer be
           property and carry out judicial acts ; this last               subject to reciprocity in favour of French
           implies inter alia the right to be a party to                   nationals practising in the other Member
           legal proceedings.                                              States .
       2. In the Republic of Senegal, the Republic of             (b) At the latest during the third year of application
           Soudan , the Republic of Ivory Coast, the                  of the Convention:
           Republic of Dahomey, the Islamic Republic of
           Mauritania, the . Republic of Niger, the                   1 . In the Republic of Madagascar, French
           Republic of Upper Volta, the Republic of                        Somaliland, New Caledonia and depen
           Madagascar,                                                     dencies :
 ---pagebreak--- 40                                  Official Journal of the European Communities
        the granting of land concessions and the right                  the right to carry on the occupations of
        of free disposal of immovable property shall                    manufacturer      of   or   trader  in   wireless
        be extended to nationals and companies and                      equipment and spare parts shall be extended
       firms of Members States other than the French                  ' to nationals and companies and firms of
        Republic.                                                       Member       States   other   than  the   French
                                                                        Republic.
   2 . In Netherlands New Guinea :
                                                                   6. In the Republic of Madagascar and French
        the right to take tenancies and emphyteutic                     Somaliland :
        leases of land shall be extended to nationals
        and companies and firms of Member States                        the right to carry on the occupations of
        other than the Kingdom of the Netherlands.                      entertainments promoter and cinema operator
                                                                        shall be extended to nationals and companies
                                                                        and firms of Member States other than the
   3 . In the Republic of Senegal, the Republic of
        Soudan, the Republic of Ivory Coast, the                        French Republic.
        Republic of Dahomey, the Islamic Republic of
        Mauritania, the Republic of •' Niger, the
        Republic of Upper Volta, the Republic of               (c) At the latest during the fourth year of application
        Congo, the Central African Republic, the                   of the Convention:
        Republic of Chad, the Republic of Gabon, the
        Republic of Madagascar,                                    1 . In the Republic of Senegal, the Republic of
                                                                        Soudan, the Republic of Ivory Coast, the
        in Saint Pierre and Miquelon, the Comoro                        Republic of Dahomey, the Islamic Republic of
       Archipelago,      French Somaliland, New                         Mauritania, the Republic of Niger, the
       •Caledonia and dependencies, French Polynesia                    Republic of Upper Volta, the Republic of
        and the Southern and Antarctic Territories,                     Congo, the Central African Republic, the
        in the Republic of Togoland and the State of                    Republic of Chad, the Republic of Gabon, the
        Cameroun :                                                      Republic of Madagascar,
        permission for nationals of Member States to                    in Saint Pierre and Miquelon, the Comoro
        effect banking operations, to direct, administer                Archipelago,       French    Somaliland,    New
        or manage a banking company or firm or the                      Caledonia        and     dependencies,    French
        agency of a banking company or firm, and to                     Polynesia and the Southern and Antarctic
        sign on behalf of a bank, under a mandate,                      Territories,
        documents relating to such operations, shall
        no longer be subject to any condition as                        in the Republic of Togoland and the State of
                                                                         Cameroun :
        regards nationality.
                                                                        the right to carry on mining activities shall be
   4. In the Republic of Senegal, the Republic of                       extended to companies and firms of Member
        Soudan, the Republic of Ivory Coast, the                        States other than the French Republic; any
        Republic of Dahomey, the Islamic Republic of                    discrimination existing between Member
        Mauritania, the Republic of Niger, the                          States as regards the nationality of the
        Republic of Upper Volta :                                       members, directors, auditors, members of
                                                                        supervisory boards, managers, associates,
        it shall no longer be possible , on grounds of                  executives and servants of mining companies
        nationality to refuse to nationals or companies                 shall be removed .
        or firms of Member States other than the
        French Republic the licence required for the
        opening of a travel agency. However,                       2. In the Republic of Togoland and the State of
        authorization for organizing parties of                          Cameroun :
        pilgrims shall continue to be required .
                                                                         any discrimination existing between Member
                                                                         States as regards majority holdings of capital
   5 . In the Republic of Senegal, the Republic of                       in mining undertakings shall be discontinued.
        Soudan, the Republic of Ivory Coast, the
        Republic of Dahomey, the Islamic Republic of
        Mauritania, the Republic of Niger, the                     3 . In the Republic of Senegal, the Republic of
        Republic of Upper Volta, the Republic of                        Soudan, the Republic of Ivory Coast, the
        Madagascar,                                                      Republic of Dahomey, the Islamic Republic of
                                                                         Mauritania, the Republic of Niger, the
        in French Somaliland, New Caledonia and                         Republic of Upper Volta, the Republic of
        dependencies and French Polynesia :                             Madagascar,
 ---pagebreak---                                     Official Journal of the European Communities                                     41
        in French Somaliland :                                          automatically approved by these countries and
                                                                        territories .
        the possibility of obtaining mining concessions
        shall be extended to nationals and companies
        and firms of Member States other than the                   2. In the Republic of Senegal, the Republic of
        French Republic.                                                Soudan, the Republic of Ivory Coast, the
                                                                        Republic of Dahomey, the Islamic Republic of
    4 . In Netherlands New Guinea :                                     Mauritania, the Republic of Niger, the
                                                                        Republic of Upper Volta, the Republic of
        the right to be granted exploration permits                     Madagascar,
        and mining concessions shall be extended to
        nationals and companies and firms of Member                     in French Somaliland :
        States other than the Kingdom of the                            permission to carry on the occupation of
        Netherlands without distinction of nationality                  insurance agent shall, for nationals of Member
        between directors and auditors          who   are
        nationals of Member States .
                                                                        States, no longer be subject to any condition
                                                                        as regards nationality.
    5 . In the Republic of Senegal, the Republic of                 3 . In Netherlands New Guinea :
        Soudan, the Republic of Ivory Coast, the
        Republic of Dahomey, the Islamic Republic of                    the right to carry on inshore fishing and pearl
        Mauritania, the Republic of Niger, the                          fishing shall be extended to nationals and
        Republic of Upper Volta, the Republic of                        companies and firms of Member States other
        Madagascar,                                                     than the Kingdom of the Netherlands.
        in Saint Pierre and Miquelon, the Comoro
        Archipelago, New Caledonia and depen
        dencies and French Polynesia :                                                   Article 2
        the franchise and eligibility for assemblies of        In the French overseas departments the right of
        chambers of commerce and of agriculture                establishment shall be extended progressively to the
        (assemblies consulates), excepting the office          nationals and companies and firms of Member States
        of president, shall be extended to nationals           other than the French Republic, in manner following ;
        and companies and firms of Member States
        other than the French Republic.
                                                               ( a) During the second year of application of the
                                                                    Convention :
(d) At the latest during the fifth year of application
    of the Convention:                                              1 . In Guadeloupe, Martinique and Réunion :
    1 . In the Republic of Senegal, the Republic of                     the right to carry on the occupation of
        Soudan, the Republic of Ivory Coast, the                        hotel-keeper shall be extended to nationals and
        Republic of Dahomey, the Islamic Republic of                    companies and firms of Member States other
        Mauritania, the Republic of Niger, t|ie                         than the French Republic.
        Republic of Upper Volta, the Republic of
        Congo, the Central African Republic, the                    2. In Guadeloupe, Martinique and Réunion :
        Republic of Chad, the Republic of Gabon, the
                                                                        the . right to carry on the occupation of
        Republic of Madagascar,
                                                                        land-surveyor and valuer shall be extended to
        in Saint Pierre and Miquelon, the Comoro                        nationals of Member States other than the
         Archipelago,     French    Somaliland,     New                 French Republic who hold the official
         Caledonia and dependencies, French Polynesia                   certificate or diploma required in France or an
         and the Southern and Antarctic Territories,                    equivalent certificate in their State of origin,
                                                                        on condition in the latter case that the
        in the Republic of Togoland and the State of                    functions of a land-surveyor and valuer are
         Cameroun :
                                                                        subject to regulation in that State.
         if the problem of control of insurance is
        regulated within the European Economic                 ( b) At the latest during the third year of application
         Community, reciprocity relating to the                     of the Convention:
        obligation to provide guarantees shall no                   1 . In French Guiana :
         longer be required of insurance companies of
         Member     States   other   than    the  French                the possibility of obtaining agricultural and
        Republic. If it is not so regulated, insurance                  stock-raising concessions shall be extended to
         companies approved in France by the Minister                   nationals and companies and firms of Member
        of Finance of the French Republic shall be                       States other than the French Republic.
 ---pagebreak---  42                                   Official Journal of the European Communities
      2. In the French overseas departments :                    (d) At the latest during the fifth year of application
                                                                      of the Convention:
          permission for the nationals of Member States
           to effect banking operations, to' direct,                , In Guadeloupe, Martinique and Reunion :
           administer or manage a banking company or
           firm or the agency of a banking company or                 permission to carry on the occupation of
           firm, and to sign on behalf of a bank, under a             insurance agent shall, for nationals of Member
           mandate, documents relating to such                        States, no longer be subject to any condition as
           operations, shall no longer be subject to any              regards nationality.
           condition as regards nationality.
                                                                                Article 3
      3 . In the French overseas departments :
           it shall no longer be possible on grounds of          The Member States to which these directives are
          nationality to refuse to nationals or companies        addressed are the Kingdom of Belgium in respect of
          or firms of Member States other than the               the Belgian Congo and Ruanda-Urundi ; the French
          French Republic the licence required for the           Republic in respect of the States of the Community
           opening of a travel agency.                           established between that Republic and certain
                                                                 associated countries, the French overseas territories
     4. In Guadeloupe, Martinique and Reunion :                  and departments, the Republic of Togoland and the
                                                                 State of Cameroun ; and the Kingdom of the
          the right to carry on the occupations of               Netherlands in respect of Netherlands New Guinea.
           manufacturer     of   or  trader   in  wireless
          equipment and spare parts, entertainments                           . .          Article 4
          promoter and cinema operator shall be
          extended to nationals and companies and
          firms of Member States other than the French           The Member States to which these directives are
          Republic.                                              addressed shall notify the Commission of the
                                                                 European Economic Community of amendments
                                                                 introduced       into   the    laws,  regulations  and
                                                                 administrative provisions • relating to the right of
( c) At the latest during the fourth year of application,        establishment in the overseas countries, territories
     of the Convention :-                                       •and departments mentioned in Article 3 above and
                                                                 affecting the nationals and companies and firms of
     In French Guiana :                                          the Member States .
          the right to carry on mining operations shall          Done at Strasbourg, 23 November 1959.
          be extended to companies and firms of                        j
          Member      States   other   than   the  French                              For the Council
          Republic, and French nationality shall no                  The Secretary- General             The President
          longer be a requirement for managerial staff
          of these companies or firms.                                       CALMES                       G. PELLA


Avis juridique important

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31998L0043

Directive 98/43/EC of the European Parliament and of the Council of 6 July 1998 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products

Official Journal L 213 , 30/07/1998 P. 0009 - 0012

DIRECTIVE 98/43/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 July 1998 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco productsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 57(2), Article 66 and Article 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),(1) Whereas there are differences between the Member States' laws, regulations and administrative provisions on the advertising and sponsorship of tobacco products; whereas such advertising and sponsorship transcend the borders of the Member States and the differences in question are likely to give rise to barriers to the movement between Member States of the products which serve as the media for such advertising and sponsorship and to freedom to provide services in this area, as well as distort competition, thereby impeding the functioning of the internal market;(2) Whereas those barriers should be eliminated and, to this end, the rules relating to the advertising and sponsoring of tobacco products should be approximated, whilst leaving Member States the possibility of introducing, under certain conditions, such requirements as they consider necessary in order to guarantee the protection of the health of individuals;(3) Whereas, in accordance with Article 100a(3) of the Treaty, the Commission is obliged, in its proposals under paragraph 1 concerning health, safety, environmental protection and consumer protection, to take as a base a high level of protection;(4) Whereas this Directive must therefore take due account of the health protection of individuals, in particular in relation to young people, for whom advertising plays an important role in tobacco promotion;(5) Whereas in order to ensure the proper functioning of the internal market the Council adopted, on the basis of Article 100a, Directive 89/622/EEC (4) and Directive 90/239/EEC (5) concerning the labelling of tobacco products and the maximum tar yield of cigarettes, respectively;(6) Whereas advertising relating to medicinal products for human use is covered by Directive 92/28/EEC (6); whereas advertising relating to products intended for use in overcoming addiction to tobacco does not fall within the scope of this Directive;(7) Whereas this Directive will not apply to communications intended exclusively for professionals in the tobacco trade, the presentation of tobacco products offered for sale and the indication of their prices, and, depending on sales structures, advertising directed at purchasers at tobacco sales outlets and the sale of third-country publications which do not satisfy the conditions laid down in this Directive, provided, however, that they comply with Community law and the Community's obligations at international level; whereas it is for the Member States, where necessary, to take appropriate measures in these areas;(8) Whereas, given the interdependence between the various forms of advertising - oral, written, printed, on radio or television or at the cinema - and in order to prevent any risk of distorting competition or circumventing rules and regulations, this Directive must cover all forms and means of advertising apart from television advertising already covered by Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (7);(9) Whereas all forms of indirect advertising and sponsorship, and likewise free distribution, have the same effects as direct advertising, and whereas they should, without prejudice to the fundamental principle of freedom of expression, be regulated, including indirect forms of advertising which, while not mentioning the tobacco product directly, use brand names, trade marks, emblems or other distinctive features associated with tobacco products; whereas, however, Member States may defer application of these provisions to allow time for commercial practices to be adjusted and sponsorship of tobacco products to be replaced by other suitable forms of support;(10) Whereas, without prejudice to the regulation of the advertising of tobacco products, Member States remain free to allow the continued use, under certain conditions, for the advertising of products or services other than tobacco products, of a brand name which was already in use in good faith both for such products or services and for tobacco products before this Directive entered into force;(11) Whereas existing sponsorship of events or activities which Member States may continue to authorise for a period of eight years after the entry into force of this Directive ending not later than 1 October 2006 and which will be subject to voluntary-restraint measures and decrease of expenditure levels during the transitional period should include all means of achieving the aims of sponsorship as defined in this Directive;(12) Whereas Member States must take adequate and effective steps to ensure control of the implementation of national measures adopted pursuant to this Directive in compliance with their national legislation,HAVE ADOPTED THIS DIRECTIVE:Article 1 The objective of this Directive is to approximate the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products.Article 2 For the purposes of this Directive, the following definitions shall apply:1. 'tobacco products`: all products intended to be smoked, sniffed, sucked or chewed inasmuch as they are made, even partly, of tobacco;2. 'advertising`: any form of commercial communication with the aim or the direct or indirect effect of promoting a tobacco product, including advertising which, while not specifically mentioning the tobacco product, tries to circumvent the advertising ban by using brand names, trade marks, emblems or other distinctive features of tobacco products;3. 'sponsorship`: any public or private contribution to an event or activity with the aim or the direct or indirect effect of promoting a tobacco product;4. 'tobacco sales outlet`: any place where tobacco products are offered for sale.Article 3 1. Without prejudice to Directive 89/552/EEC, all forms of advertising and sponsorship shall be banned in the Community.2. Paragraph 1 shall not prevent the Member States from allowing a brand name already used in good faith both for tobacco products and for other goods or services traded or offered by a given undertaking or by different undertakings prior to 30 July 1998 to be used for the advertising of those other goods or services.However, this brand name may not be used except in a manner clearly distinct from that used for the tobacco product, without any further distinguishing mark already used for a tobacco product.3. (a) Member States shall ensure that no tobacco product bears the brand name, trade mark, emblem or other distinctive feature of any other product or service, unless the tobacco product has already been traded under that brand name, trade mark, emblem or other distinctive feature on the date referred to in Article 6(1);(b) the ban provided for in paragraph 1 may not be circumvented, in respect of any product or service placed or offered on the market as from the date laid down in Article 6(1), by the use of brand names, trade marks, emblems and other distinguishing features already used for a tobacco product.To this end, the brand name, trade mark, emblem and any other distinguishing feature of the product or service must be presented in a manner clearly distinct from that used for the tobacco product.4. Any free distribution having the purpose or the direct or indirect effect of promoting a tobacco product shall be banned.5. This Directive shall not apply to:- communications intended exclusively for professionals in the tobacco trade,- the presentation of tobacco products offered for sale and the indication of their prices at tobacco sales outlets,- advertising aimed at purchasers in establishments specialising in the sale of tobacco products and on their shop-fronts or, in the case of establishments selling a variety of articles or services, at locations reserved for the sale of tobacco products, and at sales outlets which, in Greece, are subject to a special system under which licences are granted for social reasons ('periptera`),- the sale of publications containing advertising for tobacco products which are published and printed in third countries, where those publications are not principally intended for the Community market.Article 4 Member States shall ensure that adequate and effective means exist of ensuring and monitoring the implementation of national measures adopted pursuant to this Directive. These means may include provisions whereby persons or organisations with a legitimate interest under national law in the withdrawal of advertising which is incompatible with this Directive may take legal proceedings against such advertising or bring such advertising to the attention of an administrative body competent to give a ruling on complaints or to institute the appropriate legal proceedings.Article 5 This Directive shall not preclude Member States from laying down, in accordance with the Treaty, such stricter requirements concerning the advertising or sponsorship of tobacco products as they deem necessary to guarantee the health protection of individuals.Article 6 1. Member States shall bring into force the laws, regulations, and administrative provisions necessary to comply with this Directive not later than 30 July 2001. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field covered by this Directive.3. Member States may defer the implementation of Article 3(1) for:- one year in respect of the press,- two years in respect of sponsorship.In exceptional cases and for duly justified reasons, Member States may continue to authorise the existing sponsorship of events or activities organised at world level for a further period of three years ending not later than 1 October 2006, provided that:- the sums devoted to such sponsorship decrease over the transitional period,- voluntary-restraint measures are introduced in order to reduce the visibility of advertising at the events or activities concerned.Article 7 The Commission shall submit to the European Parliament, the Council and the Economic and Social Committee not later than 30 July 2001, and subsequently every two years, a report on the implementation of this Directive, with particular reference to the implementation and effects of Article 3(2) and (3) and Article 6(3). Where appropriate, it shall submit proposals for the adaptation of this Directive to suit developments identified in the report. Such adaptation shall not affect the periods provided for in Article 6(3).Article 8 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 9 This Directive is addressed to the Member States.Done at Brussels, 6 July 1998.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentR. EDLINGER(1) OJ C 129, 21.5.1992, p. 5.(2) OJ C 313, 30.11.1992, p. 27.(3) Opinion of the European Parliament of 11 February 1992 (OJ C 67, 16.3.1992, p. 35), confirmed under the Article 189b procedure on 3 December 1993, Council Common Position of 12 February 1998 (OJ C 91, 26.3.1998, p. 34) and Decision of the European Parliament of 13 May 1998 (OJ C 167, 1.6.1998). Council Decision of 22 June 1998.(4) OJ L 359, 8.12.1989, p. 1. Directive as amended by Directive 92/41/EEC (OJ L 158, 11.6.1992, p. 30).(5) OJ L 137, 30.5.1990, p. 36.(6) OJ L 113, 30.4.1992, p. 13.(7) OJ L 298, 17.10.1989, p. 23. Directive as last amended by Directive 97/36/EC (OJ L 202, 30.7.1997, p. 60).


title: Council Directive 78/841/EEC of 10 October 1978 adapting the conditions laid down for the grant of medium-term financial assistance to the Italian Republic

text:
 No L 291 / 14                       Official Journal of the European Communities                              17. 10. 78
                                                 COUNCIL DIRECTIVE
                                                   of 10 October 1978
              adapting the conditions laid down for the grant of medium-term financial assis
                                              tance to the Italian Republic
                                                       (78/841 /EEC)
THE COUNCIL OF THE EUROPEAN                                      Whereas these conditions fulfil the requirements of
 COMMUNITIES,                                                    Council Decision 71 / 143/EEC of 22 March 1971
                                                                 setting up machinery for medium-term financial assis
 Having regard to the Treaty establishing the European           tance (6), as last amended by Decision 75/785/EEC (7),
 Economic Community, and in particular Article 108
(2) thereof,
                                                                 HAS ADOPTED THIS DIRECTIVE :
 Having regard to Council Directive 74/637/EEC of 17
 December 1974 granting medium-term financial assis                                     Article 1
 tance to the Italian Republic (1),
                                                                 The economic policy conditions laid down in Direc
 Having regard to Council Directive 77/360/EEC of 17             tive 77/360/EEC shall be replaced, for 1978, by those
May 1977 adapting the conditions laid down for the               laid down in Decision 78 /840/EEC.
grant of medium-term financial assistance to the
 Italian Republic (2),                                                                   Article 2
 Having regard to the recommendation submitted by                This Directive is addressed to the Member States.
the Commission, after consulting the Monetary
 Committee,                                                      Done at Luxembourg, 10 October 1978 .
Whereas Decision 78/840/EEC (3) laid down for 1978
                                                                                For the Council
the economic policy conditions to be observed by the
 Italian Republic in connection with the Community                                              The President
loans granted to this Member State by Decisions
76/322/EEC (4) and 77/361 /EEC (5) ;                                                           R. OFFERGELD
O   OJ  No L 341 , 20. 12. 1974, p. 51 .
(2) OJ  No L 132, 27. 5. 1977, p. 36.
(3) See page 12 of this Official Journal.
(«) OJ  No L 77, 24. 3. 1976, p. 12.                             (') OJ No L 73, 27. 3. 1971 , p. 15.
(5) OJ  No L 132, 27. 5. 1977, p. 37.                            (7) OJ No L 330, 24. 12. 1975, p. 50 .


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31990L0113

Commission Directive 90/113/EEC of 19 February 1990 amending Directive 88/272/EEC amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products

Official Journal L 067 , 15/03/1990 P. 0051 - 0051

*****COMMISSION  DIRECTIVE  of 19 February 1990  amending Directive 88/272/EEC amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products  (90/113/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (1), as last amended by Directive 89/439/EEC (2), and in particular the second indent of Article 13 (2),  Having regard to the requests made by Greece, Spain, France, Ireland, Italy, Portugal and the United Kingdom,  Whereas Directive 77/93/EEC laid down protective measures against the introduction into the Member States of organisms harmful to plants or plant products; whereas those measures include measures to be taken by Member States in respect of plants, plant products and other objects coming from third countries;  Whereas certain Member States have stricter measures in respect of those plants and plant products;  Whereas those stricter measures include, in the requesting Member States, certain restrictions applicable to certain products originating in a third country;  Whereas, by Commission Directive 88/272/EEC (3), the Annexes to Directive 77/93/EEC were amended so that the Member States concerned could also impose the relevant restrictions where the products concerned, originating in a third country, come from other Member States; whereas these amendments were only interim protective measures for a limited period to enable the Commission to study the phytosanitary basis of the restrictions case by case;  Whereas it appears impossible to finalize this study within the limited period originally allowed by Directive 88/272/EEC; whereas this period should be extended accordingly;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Article 4 of Directive 88/272/EEC, '31 December 1989', is replaced by '31 December 1990'.  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 19 February 1990.  For the Commission  Ray MAC SHARRY  Member of the Commission  (1) OJ No L 26, 31. 1. 1977, p. 20.  (2) OJ No L 212, 22. 7. 1989, p. 106.  (3) OJ No L 116, 4. 5. 1988, p. 19.


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31990L0404

Council Directive 90/404/EEC of 27 July 1990 amending Directive 66/403/EEC on the marketing of seed potatoes

Official Journal L 208 , 07/08/1990 P. 0030 - 0030 Finnish special edition: Chapter 3 Volume 33 P. 0107  Swedish special edition: Chapter 3 Volume 33 P. 0107

*****COUNCIL  DIRECTIVE  of 27 July 1990  amending Directive 66/403/EEC on the marketing of seed potatoes  (90/404/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas Directive 66/403/EEC (2), as last amended by Directive 89/366/EEC (3), lays down Community rules for seed potatoes marketed within the Community;  Whereas, in the light of modern advances in propagation techniques, it is appropriate to lay down a Community procedure for the establishment of specific rules applicable to the marketing of seed potatoes produced by techniques involving micro-propagation;  Whereas Directive 66/403/EEC also provides in Article 15 (2) that, after certain dates, Member States may no longer determine for themselves whether seed potatoes harvested in third countries are equivalent to seed potatoes harvested in the Community and complying with the said Directive;  Whereas, however, since work to establish Community equivalence for all the third countries concerned had not been completed, Article 15 (2a) of Directive 66/403/EEC authorized Member States to extend until 31 March 1989 the period of validity of equivalence which they had already determined in respect of certain countries not covered by the Community equivalences;  Whereas the said work is still incomplete and the authorization granted to Member States by Article 15 (2a) should accordingly be extended;  Whereas, to expedite Community decision-making in this area, a Community procedure should be laid down for future extensions of this authorization,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 66/403/EEC is hereby amended as follows:  1. The following paragraph is added to Article 3:  '4. For seed potatoes produced by micro-propagation techniques and not meeting the size requirements of this Directive, the following may be determined in accordance with the procedure laid down in Article 19:  - derogation from specific provisions of this Directive,  - the conditions applicable to such seed potatoes,  - the designations applicable to such seed potatoes.'  2. Article 15 (2a) is replaced by the following:  '2a. Member States are hereby authorized to extend until 31 March 1990 the validity of decisions taken in accordance with paragraph 2, it being understood that these decisions may only be used in accordance with Member States' obligations under the common rules on plant health laid down by Directive 77/93/EEC (*) as last amended by Directive 89/439/EEC (**).  The period in the first subparagraph may be extended for third countries, in accordance with the procedure laid down in Article 19, if the available information does not permit a determination according to paragraph 1 and for as long as such information does not permit such a determination.  (*) OJ No L 26, 31. 1. 1977, p. 20.  (**) OJ No L 212, 22. 7. 1989, p. 106.'  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 27 July 1990.  For the Council  The President  E. RUBBI  (1) OJ No C 175, 16. 7. 1990.  (2) OJ No 125, 11. 7. 1966, p. 2320/66.  (3) OJ No L 159, 10. 6. 1989, p. 59.


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31991L0249

Commission Directive 91/249/EEC of 19 April 1991 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 124 , 18/05/1991 P. 0043 - 0046 Finnish special edition: Chapter 3 Volume 37 P. 0189  Swedish special edition: Chapter 3 Volume 37 P. 0189

COMMISSION  DIRECTIVE  of 19 April 1991  amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs    (91/249/EEC)   THE  COMMISSION  OF  THE  EUROPEAN  COMMUNITIES,   Having regard to the Treaty establishing the European Economic Community,   Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 91/248/EEC (2), and in particular Article 7 thereof,   Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge;   Whereas a new use of the trace element 'ferrous sulphate, monohydrate' has been successfully tested in certain Member States; whereas, on the basis of experience gained it appears that this new use can be authorized throughout the Community;   Whereas too high an addition of vitamin A in feedingstuffs can have undesirable effects on quality of production animals; whereas, given this fact, it appears necessary, while waiting for the results of certain studies, to introduce maximum levels to  ensure upkeep and productivity of animals during the finishing period;   Whereas the use of various additives belonging to the groups of antibiotics and binders has been successfully tested in certain Member States; whereas it is appropriate to allow provisionally these new uses at national level until their authorization on  a Community level;   Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Feedingstuffs,   HAS  ADOPTED  THIS  DIRECTIVE:   Article 1   The Annexes to Directive 70/524/EEC are hereby amended as set out in the Annex hereto.   Article 2   Member States shall, by 30 November 1991 at the latest, bring into force the laws, regulations or administrative provisions necessary to comply with Article 1. They shall inform the Commission thereof.   When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.   Article 3   This Directive is addressed to the Member States.   Done at Brussels, 19 April 1991.   For the CommissionRay MAC SHARRYMember of the Commission          (1)OJ No L 270, 14. 12. 1970, p. 1.  (2)See page 1 of this Official Journal.    ANNEX   1.   In Annex I:   (a)  In part H 'Vitamins, provitamins and chemically well-defined substances having a similar effect' item E 672 '1. Vitamin A' is replaced by the following:          EEC No  Additive  Chemical formula,  description  Species or category of animals  Maximum age  Maximum content in iu/kg of complete feedingstuff or of the daily ration  Other provisions     'E 6721. Vitamin A-Chickens for fattening-13 500      Ducks for fattening-13 500      Turkeys for fattening-13 500      Lambs for fattening-13 500      Pigs for fattening-13 500      Bovines for fattening-13 500      Calves-25 000Only milk replacers      Other species or cate- gories of animals--All feedingstuffs'  '  (b)  In part I 'Trace elements', under itemE 1 'Iron', the wording shown in column 'Other provisions' for the additive 'ferrous sulphate, monohydrate' is replaced by the following:         EEC No  Element  Additive  Chemical formula  Maximum content of the element in mg/kg of the complete feedingstuff   Other provisions           'Permitted:   (i)  in denatured skimmed-milk powder and in compound feedingstuffs manufactured from denatured skimmed-milk powder:   -  subject to the mandatory provisions of Commission Regulations (EEC) No 368/77 and (EEC) No 443/77  -  declaration of the amount of iron added, expressed as the element, on the label or package or container of denatured skimmed-milk powder  (ii)  in compound feedingstuffs other than those listed under (i)'  '2.   In Annex II:   (a)  In part A 'Antibiotics' the following item is added:         No  Additive  Chemical formula,  description  Species or category of animal  Maximum age  Minimum content  Maximum content  mg/kg of complete feedingstuff  Other provisions  Period of authoriza- tion      29EfrotamycinC59H88N2O20PigletsFour months48-30. 11. 1991      PigsSix months46-30. 11. 1991  '  (b)  In part L 'Binders, anti-caking agents and coagulants' the following item is added:         No  Additive  Chemical formula,  description  Species or category of animal  Maximum age  Minimum content  Maximum content  mg/kg of complete feedingstuff  Other provisions  Period of authoriza- tion       1Synthetic calcium aluminatesMixture of calcium aluminates containing between 35 and 51 % of A 1203 maximum molybdenum content of 20 mg/kgPoultry, rabbits, and pigs--20 000All feedingstuffs30. 11. 1991  '


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31988L0272

Sixth Commission Directive 88/272/EEC of 8 April 1988 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products

Official Journal L 116 , 04/05/1988 P. 0019 - 0026

*****SIXTH  COMMISSION DIRECTIVE  of 8 April 1988  amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products  (88/272/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (1), as last amended by Directive 87/298/EEC (2), and in particular Article 13, second paragraph, first subparagraph thereof,  Having regard to the requests made by Spain, Greece, France, Ireland, Italy, Portugal and the United Kingdom,  Whereas Directive 77/93/EEC laid down protective measures against the introduction into the Member States of organisms harmful to plants or plant products; whereas this Directive also specified those measures which Member States shall lay down at least as regards the introduction into their territories of the plants, plant products and other objects listed in Annex V coming from third countries;  Whereas certain Member States have stricter measures in respect of those plants and plant products;  Whereas those stricter measures include, in the requesting Member States, certain restrictions applicable to certain products originating in a third country;  Whereas, if the Annexes to the aforementioned Directive are amended appropriately, the Member States concerned could also impose the relevant restrictions where the products concerned, originating in a third country, come from other Member States;  Whereas, following the intentions declared by the Commission and all Member States at the time of adoption of amending Council Directive 85/574/EEC (3), the Annexes to Directive 77/93/EEC should be amended accordingly, but only as an interim protective measure for a limited period to enable the Commission to study their phytosanitary basis case by case;  Whereas during that period the Commission will study these protective measures in relation to the plant health situation existing in the various third countries concerned, in order to arrive, at the end of the period, at more permanent provisions;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Annex II, part B, to Directive 77/93/EEC is hereby amended as follows:  in part (a) the following are added:  1.2.3 //  //  //  //  //  //  // '13. Anthonomus bisignifer (Schenkling)   // Plants of Fragaria L. other than fruit and seeds, originating in third countries   // United Kingdom  // 14. Anthonomus signatus (Say)   // Plants of Fragaria L. other than fruit and seeds, originating in third countries  // United Kingdom   // 15. Carposina niponensis Walsingham.  // Fruit of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., originating in third countries   // United Kingdom   // 1987, p. 1. (3) OJ No L 372, 31. 12. 1985, p. 25.   //  //  //  //  // 16. Chrysomphalus aonidum L.   // Plants of Malus Mill., Musa, Phoenix, Prunus L. and Pyrus L., other than seeds, originating in third countries   // Greece   // 17. Cryptorhynchus (Sternochetus) mangiferae   // Seeds of Mangifera originating in third countries   // Spain   // 18. Dacus tryoni (Froggatt)   // Fruit of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., originating in third countries  // United Kingdom   // 19. Enarmonia packardi (Zeller.)  // Plants of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L. other than seeds, originating in third countries   // United Kingdom   // 20. Enarmonia prunivora (Walsh.)   // Plants of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L. other than seeds, originating in third countries   // United Kingdom  // 21. Epochra canadensis (Loew)   // Plants of Ribes L. other than seeds, originating in third countries   // United Kingdom  // 22. Grapholita inopinata Heinrich   // Fruit of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., originating in third countries   // United Kingdom   // 23. Hyperodes bonariensis Kuschel   // Seeds of Cruciferae, Graminae and Trifolium for planting, originating in Argentina, Australia or New Zealand   // United Kingdom   // 24. Nephopteryx pyrivorella (Matsumura)   // Fruit of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., originating in third countries  // United Kingdom   // 25. Rhacochlaena japonica Ito.  // Fruit of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., originating in third countries   // United Kingdom   // 26. Rhagoletis indifferens (Curran)   // Plants of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., other than seeds, originating in third countries   // United Kingdom   // 27. Rhagoletis mendax Curran   // Plants of Vaccinium L. other than seeds, originating in third countries   // United Kingdom  // 28. Rhagoletis ribicola (Doane)   // Plants of Ribes L. other than seeds, originating in third countries   // United Kingdom   // 29. Saissetia coffae Walk   // Ornamental plants other than seeds, originating in third countries   // Greece  // 30. Saissetia nigra Nieth.   // Ornamental plants other than seeds, originating in third countries   // Greece   // 31. Spodoptera eridania (Cramer)   // Plants of Dendranthema (DC) Desmoul., Dianthus caryophyllus L. and Pelargonium l'Herit, other than cut flowers, originating in third countries  // Portugal, United Kingdom  //  //  //  //  // 32. Spodoptora frugiperda (Smith)  // Plants of Dendranthema (DC) Desmoul., Dianthus caryophyllus L. and Pelargonium l'Herit, other than cut flowers, originating in third countries   // Portugal, United Kingdom   // 33. Tachypterellus quadrigibbus Say.   // Plants of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., other than seeds, originating in third countries   // United Kingdom'  in part (b) the following are added:  1.2.3 //  //  //  // ' 3. Pseudococcus gahani   // Plants of Malus Mill., Musa, Phoenix, Prunux L. and Pyrus L., other than seeds originating in third countries   // Greece   // 4. Pseudococcus gahani   // Plants of Malus Mill., Prunus L. and Pyrus L. originating in third countries   // Portugal   // 5. Pseudomonas syringae pv. phaseolicola   // Seeds of Phaseolus L., originating in third countries   // Greece   // 6. Xanthomonas campestris p.v. phaseoli   // Seeds of Phaseolus L., originating in third countries   // Greece, Portugal'  in part (c) the following are added:  1.2.3 //  //  //  // '8. Alternaria kikuchiana Tanaka  // Fruit of Pyrus communis L., originating in third countries  // United Kingdom   // 9. Alternaria mali Roberts   // Fruit of Malus pumila Mill., originating in third countries  // United Kingdom   // 10. Guignardia bidwelli (Ellis) Viala and Ravaz   // Plants of Vitis L. other than seeds, originating in third countries   // Portugal, United Kingdom   // 11. Guignardia piricola (Nosa) Yamamoto   // Fruit of Malus pumila Mill., originating in third countries   // United Kingdom  // 12. Mycosphaerella schoenoprasi (Auersw.) Schroet  // Plants of Allium for planting other than seeds, originating in third countries   // United Kingdom   // 13. Plasmopara halstedii (race 3)   // Seeds of Helianthus annuus L. originating in the United States of America   // Spain, Portugal   // 14. Plasmopara helianthii   // Seeds of Helianthus L. for planting, originating in third countries  // Greece   // 15. Plasmopara helianthii   // Seeds of Helianthus annuus L. for planting, originating in the United States of America   // France   // 16. Sclerotinia camelliae Hara   // Plants of Camellia L. for planting other than seeds, originating in third countries   // United Kingdom   // 17. Ustilago allii McAlpine   // Plants of Allium for planting other than seeds, originating in third countries   // United Kingdom   // 18. Venturia nashicola (Tanaka and Yamamoto)  // Fruit of Pyrus communis L., originating in third countries  // United Kingdom   // 19. Verticillium albo-atrum (Reinke and Berth)   // Seeds of Medicago sativa L., originating in third countries   // United Kingdom'  The following section is added after part (c):  '(d) Viruses and virus-like pathogens  1.2.3 //  //  //  // Species  // Subject of contamination  // Member State  //  //  //  // 1. Barley Stripe Mosaic virus  // Seeds of Hordeum L. and Triticum L. for planting, originating in third countries   // Greece   // 2. Bean Mosaic virus   // Seeds of Phaseolus L. for planting, originating in third countries   // Greece   // 3. Cadang-Cadang viroid  // Plants of Palmaceae other than fruit and non-germinated seeds originating in third countries   // Spain   // 4. Lettuce Mosaic virus   // Seeds of Lactuca sativa L. for planting, originating in third countries   // Greece, Portugal, United Kingdom   // 5. Palm lethal yellowing mycoplasm   // Plants of Palmaceae other than fruit and non-germinated seeds originating in third countries   // Spain   // 6. Poplar Mosaic virus  // Plants of Populus L. for planting, originating in third countries   // Greece   // 7. Rose Mosaic virus   // Plants of Rosa L. for planting, originating in third countries  // Greece   // 8. Squash Mosaic virus   // Seeds of Cucurbitae originating in third countries   // Greece   // 9. Tobacco Mosaic virus   // Seeds of Solanum lycopersicum and Capsicum annuum L. for planting, originating in third countries  // Greece'   //    //   //  Article 2  In Annex IV, part B, to Directive 77/93/EEC, the following is added:  1.2.3 //  //  //  // '19. Plants of Phoenix, other than fruit and non-germinated seeds originating in third countries  // Official statement that the country of origin is known to be free from Fusarium oxysporum f. sp. albedenis   // Spain  // 20. Plants of Palmaceae, other than fruit and non-germinated seeds, originating in third countries  // Official statement that the country of origin is known to be free from Palm lethal yellowing mycoplasm and Cadang-Cadang viroid   // Spain   // 21. Seeds of Helianthus annuus for planting originating in the United States of America  // Official statement that the region of production is known to be free from race 3 of Plasmopara halstedii   // Spain, Portugal   // 22. Seeds of the genus Mangifera originating in third countries other than those from the American continent  // Official statement that the country of origin is known to be free from Cryptorhynchus (Sternochetus) mangiferae  // Spain   // 23. Plants of Prunus L., Ribes L. and Rubus L. originating in third countries   // Prior acquisition of a technical authorization for import delivered by the ''Ministère français de l'agriculture (Service de la protection des végétaux)"   // France  //   //  (1) OJ No L 26, 31. 1. 1977, p. 20. (2) OJ No L 151, 11. 6.  1.2.3 //  //  //  //  //  //  // 24. Plants of all species, varieties (or cultivars) of the following genera: - Chaenomeles - Cydonia - Malus - Sorbus - Stranvaesia - Cotoneaster - Pyracantha - Pyrus originating in authorized third countries, other than those species and cultivars prohibited for importation into France   // Prior acquisition of a technical authorization for import delivered by the "Ministère français de l'agriculture (Service de la protection des végétaux)": - importation possible from 1 November to 15 April of the following year for countries of origin situated in the northern hemisphere (including Colombia, Uganda and Somalia) - importation possible from 16 April to 31 October for countries of origin situated in the Southern hemisphere (including Brazil, Congo, Equador, Gabon, Indonesia, Kenya, Zaire)  // France   // 25. Seeds of Helianthus annuus for planting, originating in the United States of America   // Official statement that the lots have received a specific treatment against Plasmopara helianthii   // France   // 26. Vegetables other than those already covered in Annex IV B, item 14, originating in third countries   // Inspection prior to sending and phytosanitary certificate   // Ireland   // 27. Aquarium plants originating in third countries   // Inspection prior to sending and phytosanitary certificate   // Ireland, United Kingdom   // 28. Trees and shrubs other than seeds, originating in third countries   // Official statement that the plants: - are clean (i.e. free from plant debris and other signs and symptoms of harmful organisms), and - have undegone appropriate treatment for the control of harmful organisms   // Ireland  // 29. Deciduous trees and shrubs other than seeds, originating in third countries   // Official statement that the plants are dormant and free from foliage and fruit   // Ireland   // 30. Plants of Chrysanthemum, Dianthus and Pelargonium, originating in third countries   // Official statement that: - the country of origin is free from Helicoverpa armigera, Spodoptera littoralis and Spodoptera litura, or - the plants have undergone appropriate treatment to protect them from these organisms   // Ireland   // 31. Cut flowers of Dendranthema, originating in third countries   // Official statement that the area of production is free from Puccinia horiana   // Ireland  Article 3  Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive.  Member States shall immediately inform the Commission of all laws, regulations and administrative provisions adopted in implementation of this Directive. The Commission shall inform the other Member States thereof.  Article 4  This Directive shall apply until 31 December 1989.  Article 5  This Directive is addressed to the Member States.  Done at Brussels, 8 April 1988.  For the Commission  Frans ANDRIESSEN  Vice-President47 . SEEDS OF LACTUCA SATIVA FOR PLANTING, ORIGINATING IN THIRD COUNTRIES  OFFICIAL STATEMENT THAT A SAMPLE OF THE SEED HAS BEEN EXAMINED AND FOUND FREE FROM LETTUCE MOSAIC VIRUS ON THE BASIS OF INSPECTION OR TESTING  UNITED KINGDOM, PORTUGAL  48 . PLANTS FOR PLANTING OF PRUNUS OTHER THAN SEEDS, ORIGINATING IN THIRD COUNTRIES  OFFICIAL STATEMENT THAT THE PLANTS WERE GROWN AT A PLACE OF PRODUCTION FREE FROM XANTHOMONAS CAMPESTRIS PV PRUNI  UNITED KINGDOM  49 . PLANTS OF FRAGARIA OTHER THAN FRUIT AND SEEDS, ORIGINATING IN THIRD COUNTRIES  OFFICIAL STATEMENT THAT THE PLANTS HAVE BEEN GROWN AT A PLACE OF PRODUCTION FREE FROM XANTHOMONAS FRAGARIAE AND ARE FREE FROM DEAD LEAVES AND PLANT DEBRIS; WHERE GROWN OUTSIDE EUROPE, OFFICIAL STATEMENT THAT THE PLANTS ORIGINATE IN A REGION KNOWN TO BE FREE FROM ANTHONOMUS SIGNATUS AND ANTHONOMUS BISIGNIFER  UNITED KINGDOM  50 . FRUIT OF FRAGARIA, RIBES, RUBUS L ., VACCINIUM AND VITIS, ORIGINATING IN THIRD COUNTRIES  OFFICIAL STATEMENT THAT THE FRUIT IS FREE FROM PLANT DEBRIS, LEAVES AND LEAF PIECES  UNITED KINGDOM  51 . PLANTS OF VITIS FOR PLANTING OTHER THAN SEEDS, ORIGINATING IN THIRD COUNTRIES  OFFICIAL STATEMENT THAT THE PLANTS ARE FREE FROM XANTHOMONAS AMPELINA AND THAT THE PLACE OF PRODUCTION IS FREE FROM GIUGNARDIA BIDWELLI, GIUGNARDIA BACCAE AND XANTHOMONAS AMPELINA  UNITED KINGDOM  52 . VEGETABLES OF ALLIUM, APIUM, BETA, BRASSICA, DAUCUS, LACTUCA, PHASEOLUS, PISUM, SPINACEA AND VICIA ORIGINATING IN THIRD COUNTRIES  OFFICIAL STATEMENT THAT THE VEGETABLES ARE FREE FROM SOIL AND COLEOPTERA PESTS  UNITED KINGDOM  53 . CUT FLOWERS OF DENDRANTHEMA ( DC ) DESMOUL ., ORIGINATING IN THIRD COUNTRIES  OFFICIAL STATEMENT THAT THE COUNTY OF ORIGIN OR THE CROP IS FREE FROM PUCCINIA HORIANA  UNITED KINGDOM  54 . PLANTS OTHER THAN CUT FLOWERS OF DENDRANTHEMA, DIANTHUS CARYOPHYLLUS AND PELARGONIUM, ORIGINATING IN THIRD COUNTRIES  OFFICIAL STATEMENT THAT THE COUNTRY OF ORIGIN IS FREE FROM EPICHORISTODES ACERBELLA, SPODOPTERA LITURA, HELICOVERPA ARMIGERA, SPODOPTERA LITTORALIS AND SPODOPTERA FRUGIPERDA OR THAT THE PLANTS HAVE BEEN TREATED TO ELIMINATE THOSE PESTS AND THAT THE PLANTS ARE FREE FROM SPODOPTERA ERIDANIA  UNITED KINGDOM'  ARTICLE 3  MEMBER STATES SHALL BRING INTO FORCE THE LAWS, REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE .  MEMBER STATES SHALL IMMEDIATELY INFORM THE COMMISSION OF ALL LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS ADOPTED IN IMPLEMENTATION OF THIS DIRECTIVE . THE COMMISSION SHALL INFORM THE OTHER MEMBER STATES THEREOF .  ARTICLE 4  THIS DIRECTIVE SHALL APPLY UNTIL 31 DECEMBER 1989 .  ARTICLE 5  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS, 8 APRIL 1988 .  FOR THE COMMISSION  FRANS ANDRIESSEN  VICE-PRESIDENT


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31981L1059

Council Directive 81/1059/EEC of 14 December 1981 derogating in favour of the Federal Republic of Germany from Directive 73/403/EEC on the synchronization of general population censuses

Official Journal L 385 , 31/12/1981 P. 0033

+++++( 1 ) OJ NO L 347 , 17 . 12 . 1973 , P . 50 .  COUNCIL DIRECTIVE OF 14 DECEMBER 1981 DEROGATING IN FAVOUR OF THE FEDERAL REPUBLIC OF GERMANY FROM DIRECTIVE 73/403/EEC ON THE SYNCHRONIZATION OF GENERAL POPULATION CENSUSES ( 81/1059/EEC )$$  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 213 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  WHEREAS DIRECTIVE 73/403/EEC ( 1 ) PROVIDES THAT MEMBER STATES SHALL CONDUCT A GENERAL POPULATION CENSUS ON A DATE BETWEEN 1 MARCH AND 31 MAY 1981 ;  WHEREAS SERIOUS DIFFICULTIES , WHICH COULD NOT HAVE BEEN FORESEEN WHEN THE DIRECTIVE WAS ADOPTED , HAVE ARISEN WHICH HAVE NOT ENABLED THE CENSUS IN THE FEDERAL REPUBLIC OF GERMANY TO BE CARRIED OUT BETWEEN THE SAID DATES ;  WHEREAS IT IS PROPOSED TO HOLD THE SAID CENSUS IN THE FEDERAL REPUBLIC OF GERMANY BETWEEN 1 MARCH AND 31 MAY 1983 ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  BY WAY OF DEROGATION FROM ARTICLE 1 OF DIRECTIVE 73/403/EEC , THE FEDERAL REPUBLIC OF GERMANY SHALL CONDUCT A GENERAL POPULATION CENSUS ON A DATE BETWEEN 1 MARCH AND 31 MAY 1983 .  ARTICLE 2  THIS DIRECTIVE IS ADDRESSED TO THE FEDERAL REPUBLIC OF GERMANY .  DONE AT BRUSSELS , 14 DECEMBER 1981 .  FOR THE COUNCIL  THE PRESIDENT  G . HOWE


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31986L0295

Council Directive 86/295/EEC of 26 May 1986 on the approximation of the laws of the Member States relating to roll-over protective structures (ROPS) for certain construction plant

Official Journal L 186 , 08/07/1986 P. 0001 - 0009 Finnish special edition: Chapter 13 Volume 15 P. 0162  Swedish special edition: Chapter 13 Volume 15 P. 0162

COUNCIL DIRECTIVEof 26 May 1986on the approximation of the laws of the Member States relating  to roll-over protective structures (ROPS) for certain construction plant(86/295/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European  Economic Community, and in particular Article 100 thereof,Having regard to the proposal from the  Commission (1),Having regard to the opinion of the European Parliament (2),Having regard to the  opinion of the Economic and Social Committee (3),Whereas in some Member States the design,  construction and testing of roll-over protective structures for certain categories of construction  plant are the subject of national provisions requiring such construction plant to be fitted with  the abovementioned protective structures; whereas this situation is likely to create barriers to  intra-Community trade; whereas the purpose of these provisions is to protect the operator of the  plant; whereas it is therefore necessary to approximate these provisions;Whereas Council Directive  84/532/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to  common provisions for construction plant and equipment (4) has defined a series of joint procedures  - in particular, EEC type-approval, EEC type-examination and EEC self-certification - for the  placing on the market and bringing into service of such construction plant; whereas provision  should be made for the EEC type-examinationprocedure, coupled with an EEC inspection  procedure, in respect of roll-over protective structures for certain construction plant;Whereas  this Directive is a separate Directive within the meaning of the second paragraph of Article 3 of  Directive 84/532/EEC;Whereas the laboratory tests, performance criteria and deflection-limiting  volume are laid down by ISO international standards; whereas reference should therefore be made to  these existing standards;Whereas technical progress necessitates rapid adaptation of the technical  requirements; whereas the procedure laid down in Article 24 of Directive 84/532/EEC should  therefore be adopted for such adaptations of this Directive,HAS ADOPTED THIS DIRECTIVE: Article 1This Directive applies to roll-over protective structures (ROPS) for the  construction plant listed under 2.1 in ISO standard 3471, second edition of 15 September 1980,  hereinafter referred to as ISO standard 3471/2.Article 2Member States shall take all necessary  steps to ensure that the construction plant referred to in Article 1 cannot be placed on the market  unless it is fitted with suitable roll-over protective structures which comply with this Directive  and with the type of structure that has satisfied EEC type-examination in accordance with Directive  84/532/EEC. These structures shall hereinafter be referred to as EEC protective structures. Article 31.  The approved bodies referred to in Article 9 of Directive 84/532/EEC shall not issue  an EEC type-examination certificate unless the type of EEC protective structure complies with the  provisions of Annex I to this Directive.The EEC type-examination tests may be performed in the  manufacturer's laboratory under the supervision of the approved body.2.  All applications for EEC  type-examination in respect of an EEC protective structure shall be accompanied by an information  document conforming to the model in Annex II to this Directive.3.  For each type of EEC protective  structure that has undergone the tests and examinations provided for in Annex I to this Directive,  the approved body shall draw up a test report conforming to the model in Annex III to this  Directive and shall issue an EEC type-examination certificate conforming to the model in Annex V to  this Directive, by way of derogation from Directive 84/532/EEC.4.  By way of derogation from  section 4.2 of Annex I to Directive 84/532/EEC, only Member States and the Commission may obtain  the test report, part A, referred to in Annex III to this Directive, and, where appropriate, the  technical data in part B.The approved body which has issued the EEC type-examination certificate  shall forward the above document upon a duly substantiated request by a Member State or the  Commission.Article 41.  Each EEC protective structure shall be accompanied by a certificate of  conformity in accordance with Article 18 (1) of Directive 84/532/EEC.2.  The manufacturer of the  EEC protective structure shall affix to each structure a legible, permanent and indelible EEC  conformity mark, a model of which is contained in Annex IV, and shall attach to the structure a  label in accordance with section 9 of ISO standard 3471/2.Article 51.  When it is proposed to  commence production of protective structures for which an EEC type-examination certificate has been  issued, the manufacturer or his authorized representative established in the Community  shall:(ainform the approved body which issued the EEC type-examination certificate of:the place of  manufacture, and/or the place of warehousing within the Community,the date of commencement of  production and/or import;(ballow representatives of the approved body access for the purpose of  checking to the said places ofmanufacture or warehousing and provide all necessary information  relevant to such checks;(cmake available, at the request of the approved body and within a  reasonable period, a sample selected by that body for checking purposes.2.  The holder of the EEC  mark shall arrange for production to be checked so as to verify on a continuousand adequate basis  that the EEC protective structures manufactured conform to the type tested as regards the materials  used and the quality of workmanship.Article 61.  Each approved body shall, if appropriate in  accordance with instructions from the Member State which approved it, carry out spot checks to see  whether the EEC protective structures being manufactured conform to the type for which it issued  the EEC type-examination certificate.These checks shall enable the approved body to ascertain  whether the manufacturer is in fact carrying out the conformity check referred to in Article 5  (2).The approved body may also request and itself select a sample for checking purposes. A second  test in accordance with Annex I, involving destroying the EEC protective structure and possible the  chassis, shall be performed only if there are reasonable grounds for assuming that the structure  does not comply with the performance requirements for the approved type.2.  If the place of  manufacture is situated in a Member State other than that of the approved body which grantedthe  EEC type-examination certificate, that body may collaborate with the approved body in the Member  State in which the abovementioned checks are to take place.The same shall apply to warehouses.3.   Each approved body may on its own responsibility delegate the task of performing the checking tests  and operations to one or more laboratories.Article 71.  If the checks referred to in Article 6  reveal that the EEC protective structures do not conform to the type for which the EEC  type-examination certificate was granted, or that not all the requirements of this Directive have  been fulfilled, the approved body shall take one of the following measures against the holder of  the EEC mark:(aa warning, with a request that the infringements noted shall cease within a given  period; (ba warning as referred to in (a), but accompanied by a larger number of checks;(ctemporary  suspension of the EEC type-examination certificate;(dwithdrawal of the EEC type-examination  certificate.These measures may be taken only by the approved body which granted the EEC  type-examination certificate.2.  The first two measures shall be taken where the disparities do not  affect the basis design of the EEC protective structures or where the infringements are minor ones  and in no way impair safety.One of the last two measures shall be taken where the disparities or  infringements noted are substantial and in all cases where they represent a safety hazard.3.   Temporary suspension or withdrawal of the EEC type-examination certificate shall be notified  without delay to the other approved bodies and to the Member States.Article 8N° Member State may,  on grounds relating to the requirements laid down in this Directive, refuse, prohibitor restrict  the marketing, placing in service or use of construction plant referred to in Article 1 fitted with  an adequate EEC protective structure.Article 91.  Any amendments necessary to adapt the Annexes  to this Directive to technical progress shall be adopted in accordance with the procedure laid down  in Article 24 of Directive 84/532/EEC. 2.  The procedure laid down in Article 21 of Directive 84/532/EEC shall not be applicable.Article  10The provisions of this Directive shall not affect the Member States' entitlement to lay down,  with due observance of the Treaty, the requirements they deem necessary to ensure that workers are  protected when using the equipment in question, provided that this does not mean that the equipment  is modified in a way not specified in the Directive.Article 111.  Member States shall adopt and  publish the laws, regulations and administrative provisions necessary in order to comply with this  Directive within 36 months of its notification (1) and shall forthwith inform the Commission  thereof.They shall bring these provisions into force 48 months after notification of this  Directive.2.  Member States shall communicate to the Commission the texts of the provisions of  national law which they adopt in the field governed by this Directive.Article 12This Directive is  addressed to the Member States.Done at Brussels, 26 May 1986.For the CouncilThe  PresidentG. BRAKS(1) OJ N° C 104, 28. 4. 1980, p. 29. (2) OJ N° C 197, 4. 8. 1980, p. 66. (3) OJ N° C 205, 11. 8. 1980, p. 27. (4) OJ N° L 300, 19. 11. 1984, p. 111. (1) This Directive was notified to the Member States on 30 May 1986.  ANNEX I1. The EEC protective structure of an item of construction plant must, as regards the laboratory tests  and performance requirements, comply with international standard ISO 3471 (second edition, 15  September 1980) on the basis of the deflection-limiting volume defined in international standard  ISO 3164 (second edition, 1 November 1979) as amended by Amendment N° 1 of 1 December 1980.2. The provisions of the section 7.5.2.7 of  ISO standard 3471 (second edition, 15 September 1980) are  regarded as fulfilled where the rate of application of force F (e.g. if this relates to the forward  movement speed of the cylinder which develops this load) does not exceed the following values:> TABLE POSITION>3. The following standards are referred to in ISO standard 3471/2:ISO standard 3164, second edition, 1  November 1979, as amended by amendment N° 1 of 1 December 1980,ISO standard 3449, third edition of  15 April 1984,ISO standard 6165, 1978 edition,ISO standard 898/1, 1978 edition,ISO standard 898/2,  1980 edition.  ANNEX IIMODEL INFORMATION DOCUMENT TO BE FURNISHED FOR THE PURPOSE OF EEC  TYPE-EXAMINATION OF A ROLL-OVER PROTECTIVE STRUCTURE (ROPS) FOR CONSTRUCTION PLANT1.Equipment  concerned1.1.Name and address of manufacturer:1.2.Name and address of manufacturer's authorized  representative, if any:1.3.Model:1.4.Trade mark or name:1.5.Type designations:1.6.Mass of  equipment: kg (maximum mass with roll-over protective structure, normal attachments and full tanks,  but without driver, payload or any towed accessories)1.7.Attachment of roll-over protective  structure to the equipment: detachable/not detachable (¹)2.Roll-over protective structure (if not  manufactured by the maker of the equipment)2.1.Name and address of manufacturer:2.2.Name and  address of manufacturer's authorized representative, if any:2.3.Trade mark or name:2.4.Type  designation:3.Any other construction plant to which the roll-over protective structure can be  fitted3.1.Name and address of manufacturer:3.2.Name and address of manufacturer's authorized  representative, if any:3.3.Model:3.4.Trade mark or name:3.5.Type designations:3.6.Mass of  equipment: kg (maximum mass with roll-over protective structure, normal attachments and full tanks,  but without driver, payload or any towed accessories)3.7.Attachment of roll-over protective  structure to the equipment: detachable/not detachable (¹)(¹) Delete where inapplicable.  ANNEX IIIMODEL TEST REPORT CONCERNING A ROLL-OVER PROTECTIVE STRUCTURE (ROPS) FOR  CONSTRUCTION PLANTTest Report No:Name and address of approved body: Name and address of laboratory  which carried out the test: Name of person who carried out the test: PART A1.Description of the  ROPS - chassis combination1.1.Construction plant on the chassis of which the test was carried  out1.1.1.Name and address of manufacturer and, where appropriate, name and address of  manufacturer's authorized representative:1.1.2.Model:1.1.3.Trade mark or name, and type  designation:1.1.4.Serial number (where applicable):1.1.5.Component number of chassis:1.2.Roll-over  protective structure1.2.1.Name and address of manufacturer and, where appropriate, name and address  of manufacturer's authorized representative:1.2.2.Trade mark or name, and type  designation:1.2.3.Serial number (where applicable):1.2.4.Number of protective  structure:2.Information provided by manufacturer2.1.Mass of construction plant: kg (maximum mass  with roll-over protective structure, normal attachments and full tanks, but without driver, payload  or any towed accessories).2.2.Arrangement of the deflection-limiting volume DLV according to  drawing No (accurate 1 : 10 scale drawing attached to test report. Side and front views of the  roll-over protective structure and of the surrounding parts, with indication of seat and  deflection-limiting volume DLV in the correct positions. Indication of main dimensions of roll-over  protective structure.)3.Calculation of minimum performance requirements3.1.Force F N under lateral  loading3.2.Energy absorption U J under lateral loading3.3.Value of M kg under vertical  loading4.Confirmation4.1.The minimum performance requirements specified in ISO 3471, second  edition, of 15 September 1980 were satisfied in this test, the maximum mass of the construction  plant being kg. 4.2.Date of test:PART B1.Measuring instruments1.1.Description of instruments used:1.2.Accuracy of  instruments used in conformity with ISO Standard 3471, second edition of 15 September  1980:2.Photographs (one photograph of the test set-up taken from the front or rear and one taken  from the side at which the load is applied)2.1.Prior to application of lateral load2.2.At or near  maximum lateral load2.3.Prior to application of vertical load2.4.At or near maximum vertical  load3.Test results3.1.Lateral loading3.1.1.Maximum force applied, after energy absorption was  reached or exceeded, without penetration of the deflection-limiting volume DLV by any part of the  roll-over protective structure (ROPS) or of the simulated ground plane: N3.1.2.Energy absorbed  without penetration of the deflection-limiting volume DLV by any part of the roll-over protective  structure (ROPS) or of the simulated ground plane: J3.2.Vertical loadingMaximum load sustained  without penetration of the deflection-limiting volume DLV by any part of the roll-over protective  structure (ROPS) or of the simulated ground plane: kg3.3.Material temperature3.3.1.During the test  the temperature of the roll-over protective structure and of the chassis was °C or the steel parts  of the roll-over protective structure attained in conformity with EURONORM 45-63 the Charpy V-notch  impact strength values with J at  30 °C in the case of the × mm test piece.3.3.2.Strength  classifications of the bolts: and  nuts: used. 3.4.Force-deflection curveA force-deflection curve in accordance with ISO Standard 3471, second  edition of 15 September 1980 is attached. ANNEX IVEEC MARK OF CONFORMITYThe EEC mark provided for in Article 4 (2) of this  Directive is a stylized letter aa in a hexagon which contains:in the upper part, the serial number  of the separate Directive allocated according to the chronological order of adoption, the capital  letter(s) identifying the State whose approved body issued the certificate (B for Belgium, D for  Federal Republic of Germany, DK for Denmark, F for France, I for Italy, IRL for Ireland, L for  Luxembourg, NL for the Netherlands, UK for the United Kingdom, EL for Greece, ES for Spain, P for  Portugal) and the two final figures of the year of issue of the EEC type-examination certificate;  the number of the separate Directive to which the EEC type-examination certificate refers will be  allocated by the Council when this Directive is adopted,in the lower part, the number of the EEC  type-examination certificate.An example of this mark is shown below:Example: >START OF GRAPHIC>EEC type-examination certificate granted in 1979 by an approved <?ss>body in the  Federal Republic of Germany, pursuant to this <?ss>Directive.<?aa2A><?aeIL12,>EEC type-examination  certificate No<?aa1A"END OF GRAPHIC>The diameter of the circle surrounding the mark must not be  less than 20 mm.The mark of conformity must be affixed at a point immediately adjacent to or on the  identification plate.Where a roll-over protective structure and a falling-object protective  structure are combined (ROPS and FOPS), the two corresponding marks of conformity must appear  immediately adjacent to each other.  ANNEX VMODEL EEC TYPE-EXAMINATION CERTIFICATE FOR A ROLL-OVER PROTECTIVE STRUCTUREName  of approved body: Notification of type-examination in respect of the harmonized requirements:  Type-examination No: 1Category, make and type or trade name:  2Name and address of manufacturer:   3Name and address of certificate holder:  4Date of submission for type-examination:  5In respect of  the following harmonized requirement:  6Test laboratory:  7Date and number of laboratory report:   8Date of type-examination:  9The following documents, bearing the type-examination number shown  above, are annexed to this certificate: 10Type and number of the chassis on which the texts were  carried out: 11Mass of the item of plant on which the tests were carried out: 12Any additional  information:


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31996L0076

Commission Directive 96/76/EC of 29 November 1996 amending Directive 92/76/EEC recognizing protected zones exposed to particular plant health risks in the Community (Text with EEA relevance)

Official Journal L 317 , 06/12/1996 P. 0020 - 0021

COMMISSION DIRECTIVE 96/76/EC of 29 November 1996 amending Directive 92/76/EEC recognizing protected zones exposed to particular plant health risks in the Community (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Commission Directive 96/14/EC (2), and in particular the first subparagraph of Article 2 (1) (h) thereof,Having regard to Commission Directive 92/76/EEC of 6 October 1992 recognizing protected zones exposed to particular plant health risks in the Community (3), as last amended by Directive 96/15/EC (4),Whereas pursuant to Directive 92/76/EEC, as amended, certain zones in Austria, Finland and Sweden were recognized as 'protected zones` in respect of certain harmful organisms for a period expiring on 31 December 1996;Whereas, from information supplied by Austria and from the survey monitoring information gathered by Commission experts it appears that the provisional recognition of the protected zone for Austria in respect of Erwinia amylovora (Burr.) Winsl. et al. should be extended for a further limited period to enable the responsible official bodies of Austria to complete the information on the distribution of Erwinia amylovora and to complete their efforts for the eradication of this harmful organism in the Vorarlberg area of Austria;Whereas, from information supplied by Sweden and from the survey monitoring information gathered by Commission experts it became apparent that the protected zones recognized for Sweden in respect of Bemisia tabaci Genn. (European populations), Leptinotarsa decemlineata Say, Beet necrotic yellow vein virus and Tomato spotted wilt virus should be extended beyond 31 December 1996;Whereas, from information supplied by Finland and from the survey monitoring information gathered by Commission experts it became apparent that the protected zones recognized for Finland in respect of Bemisia tabaci Genn. (European populations), Leptinotarsa decemlineata Say, Erwinia amylovora (Burr.) Winsl. et al., Beet necrotic yellow vein virus and Tomato spotted wilt virus should be extended beyond 31 December 1996; whereas the provisional recognition of the protected zone in respect of Globodera pallida (Stone) Behrens, should be extended for a further limited period to complete the information on the possibility for its establishment in the said zone;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1 Article 1 of Directive 92/76/EEC is hereby amended as follows:1. in the first subparagraph, 'and for Austria until 31 December 1998` is inserted after 'the said zones are recognized until 31 December 1997`;2. the second subparagraph is replaced by the following:'In the case of points (a) 5a and 5b, the zones are recognized until 31 December 1998 and 31 December 1996 respectively.`Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive with effect from 1 January 1997. They shall immediately inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The procedure for such a reference shall be adopted by Member States.2. Member States shall immediately communicate to the Commission the essential provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 3 This Directive shall enter into force on the day following its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 29 November 1996.For the CommissionFranz FISCHLERMember of the Commission(1) OJ No L 26, 31. 1. 1977, p. 20.(2) OJ No L 68, 19. 3. 1996, p. 24.(3) OJ No L 305, 21. 10. 1992, p. 12.(4) OJ No L 70, 20. 3. 1996, p. 35.