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31971L0118

Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat

Official Journal L 055 , 08/03/1971 P. 0023 - 0039 Finnish special edition: Chapter 3 Volume 3 P. 0144  Danish special edition: Series I Chapter 1971(I) P. 0097  Swedish special edition: Chapter 3 Volume 3 P. 0144  English special edition: Series I Chapter 1971(I) P. 0106  Greek special edition: Chapter 03 Volume 6 P. 0116  Spanish special edition: Chapter 03 Volume 4 P. 0131  Portuguese special edition Chapter 03 Volume 4 P. 0131

COUNCIL DIRECTIVE  of 15 February 1971  on health problems affecting trade in fresh poultrymeat  (71/118/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 1;  Having regard to the Opinion of the Economic and Social Committee;  Whereas Council Regulation No 123/67/EEC 2 of 13 June 1967 on the common organisation of the market in poultrymeat established a single market for that sector;  Whereas, so long as trade is hindered by differences between the health requirements of Member States concerning poultrymeat, the implementation of that Regulation will not have the desired effect;  Whereas to eliminate those differences the health provisions of the Member States must be approximated;  Whereas Community provisions should be adopted which, after a transitional period during which they will concern only intra-Community trade, will apply also to poultrymeat marketed within the Member States ; whereas, however, this Directive should not apply to poultrymeat which, subject to certain conditions, is delivered direct to the consumer by the producer;  Whereas the object of the proposed approximation must be in particular to standardise hygiene requirements in respect of poultrymeat in slaughterhouses and during storage and transportation ; whereas the competent authorities of the Member States should remain responsible for approving slaughterhouses which meet the hygiene requirements laid down in this Directive and for ensuring that the conditions governing such approval are observed ; whereas provision should also be made for approval or cold stores by Member States;  Whereas in order to ensure satisfactory health inspection, taking into account the particular conditions under which it is carried out, certain tasks must be entrusted to qualified assistants acting under the responsibility and supervision of the official veterinarian;  Whereas minimum standard requirements for the theoretical and practical level of training of those assistants and the other conditions which are essential to ensure their competence, honesty and impartiality should be laid down for all the Member States, but so as not to exclude the possibility of progressive standardisation of regulations and programmes relating to their training;  Whereas, as regards intra-Community trade, the issue of a health certificate drafted by an official veterinarian of the exporting country is considered to be the best way of assuring the competent authorities of the country of destination that a consignment of poultrymeat complies with the provisions of this Directive ; whereas this certificate must accompany the consignment of poultrymeat to the place of destination;  Whereas Member States must have the right to prohibit the introduction into their territory from another Member State of poultrymeat which proves unfit for human consumption or does not comply with Community health provisions;  1OJ No 109, 9.7.1964, p. 1721/64. 2OJ No 117, 19.6.1967, p. 2301/67.   Whereas, in such cases, the consignor should at his own request or upon request of his representative be allowed to have the meat returned to him unless there are reasons on health grounds to the contrary;  Whereas, in case of prohibition or restriction, the reasons therefor should be made known to the consignor or his agent and also, in certain cases, to the competent authorities of the exporting country;  Whereas, in the event of dispute between himself and the authorities of the Member State of destination as to the justification for prohibition or restriction, the consignor should be enabled to obtain the opinion of a veterinary expert whom he may select from a panel drawn up by the Commission;  Whereas disputes between Member States as to whether approval of a slaughterhouse was justified should be settled under the emergency procedure within the Standing Veterinary Committee set up by the Council on 15 October 1968;  Whereas, in certain fields presenting special problems, the provisions in Member States cannot be approximated until a more thorough study has been made;  Whereas animal health provisions relating to trade in live poultry and fresh poultrymeat will be the subject of other Community directives ; whereas it has become apparent that the first steps should now be taken towards approximating national provisions in this field by laying down certain conditions under which Member States may prohibit or restrict the introduction of poultrymeat into their territory for animal health reasons and by providing for a Community emergency procedure within the Standing Veterinary Committee under which measures taken by a Member State could be examined in close co-operation by Member States and the Commission and, where appropriate, amended or repealed;  HAS ADOPTED THIS DIRECTIVE:    TITLE I General provisions  Article 1 1. This Directive shall apply to trade in fresh meat of domestic animals of the following species : hens, turkeys, guinea-fowls, ducks and geese.  2. All parts of those animals which are fit for human consumption shall be considered to be poultrymeat.  3. All poultrymeat which has not undergone any preserving process shall be considered to be fresh meat ; however, for the purposes of this Directive, chilled and frozen poultrymeat shall be considered to be fresh meat.   Article 2 For the purposes of this Directive:    (a) carcase means the whole body of a fowl after bleeding, plucking and evisceration ; however, removal of the kidneys, legs at the tarsus or of the head shall be optional;       (b) Parts of carcase means parts of the carcase as defined under (a);       (c) offal means fresh meat other than that of the carcase as defined under (a), even it naturally connected to the carcase;       (d) viscera means offal from the thoracic, abdominal and pelvic cavities, including the trachea and oesophagus and, where appropriate, the crop;       (e) ante mortem health inspection means inspection of the live poultry in accordance with the requirements of Chapter III of Annex I;       (f) post mortem health inspection means inspection of the slaughtered poultry in the slaughterhouse immediately after slaughter, in accordance with the requirements of Chapter V of Annex I;       (g) official veterinarian means the veterinarian designated by the competent central authority of the Member State;       (h) assistant means a trained person officially designated by the competent central authority of the Member State to assist the official veterinarian;       (i) exporting country means the Member State from which fresh poultrymeat is sent to another Member State;       (j) country of destination means the Member State to which fresh poultrymeat is sent from another Member State.           TITLE II Provisions concerning intra-Community trade and trade within Member States  Article 3 1. Each Member State shall ensure that trade is allowed only in fresh poultrymeat which, without prejudice to Article 11, meets the following requirements:    (a) it has been obtained from a slaughterhouse approved and supervised in accordance with Article 5 (1);       (b) it comes from an animal inspected ante mortem by an official veterinarian or by assistants in accordance with Article 4 and, following such inspection, considered suitable for slaughter for trade in fresh poultrymeat;       (c) it has been treated under satisfactory hygiene conditions in compliance with Chapter IV of Annex I;       (d) it has been inspected post mortem by an official veterinarian or by assistants in accordance with Article 4 and found to be fit for human consumption in conformity with Chapter VI of Annex I;       (e) it bears a health marking conforming to the requirements of Chapter VII of Annex I;       (f) in conformity with Chapter IX of Annex I, it has been stored after post mortem inspection under satisfactory hygiene conditions in slaughterhouses approved and supervised in accordance with Article 5 (1) or in cold stores approved and supervised in conformity with Article 5 (4);       (g) it has been suitably packed and transported under satisfactory hygiene conditions conforming to the requirements of Chapters X and XI of Annex I.         2. The following shall be excluded from trade:    (a) fresh poultrymeat treated with hydrogen peroxide or other bleaching substances or with natural or artificial colouring matters;       (b) fresh poultrymeat treated with antibiotics, preservatives or tenderisers;       (c) fresh poultrymeat treated with flavouring substances.         3. However, if the country of destination so allows, the conditions laid down in paragraph 1 need not be satisfied in respect of meat intended for uses other than human consumption ; in that case, the country of destination shall take all measures necessary to prevent the meat being used for purposes other than those for which it is intended.  4. The conditions of paragraph 1 shall not apply to fresh poultrymeat which, in isolated cases, is supplied by the producer thereof direct to the final consumer for his own consumption otherwise than by itinerant sale, sale by mail order or sale on a market.   Article 4 1. In carrying out ante mortem and post mortem inspections and supervising the hygiene conditions laid down in Chapters II and IV of Annex I, to be satisfied by slaughterhouses, the official veterinarian may be helped by assistants working under his supervision and responsibility.  2. Only those persons who satisfy the requirements of Annex II may act as assistants. The Council, acting on a proposal from the Commission, shall lay down more detailed provisions as regards the level of training required of assistants under Annex II (1) (b) and (d) and (4).  3. Assistants shall help the official veterinarian in carrying out the following operations only:    - supervising application of the hygiene rules laid down in Chapters II and IV of Annex I;       - checking that at the time of the ante mortem health inspection none of the symptoms mentioned in Chapter III (12) of Annex I is present;       - checking that at the time of the post mortem health inspection the conditions listed in Chapter VI (28) of Annex I are not present.          Article 5 1. The competent central authority of the Member State on whose territory the slaughterhouse is situated shall ensure that the approval provided for in Article 3 (1) (a) is granted only where the provisions of Chapters I and II of Annex I are complied with and provided the slaughterhouse is able to satisfy the other conditions of that Annex ; it shall also ensure that compliance with those provisions is checked by an official veterinarian and that approval is withdrawn if one or more of them is no longer complied with.  2. All approved slaughterhouses shall be registered on a list and shall each be given a veterinary approval number. Each Member State shall communicate the list of approved slaughterhouses and their veterinary approval numbers to the other  Member States and the Commission and notify them of any withdrawal of approval.  3. If a Member State considers that the conditions for approval are not, or are no longer, satisfied in a slaughterhouse in another Member State, it shall inform the competent central authority of that State accordingly. The latter shall take all necessary measures and notify the competent central authority of the other Member State of the decisions taken and the reasons for such decisions.  If that Member State fears that the necessary measures have not been taken or are inadequate, it may refer the matter to the Commission, which shall seek the opinion of one or more veterinary experts. Member States may, in the light of that opinion, be authorised in accordance with the procedure laid down in Article 12 to prohibit provisionally the introduction into their territory of fresh poultrymeat from that slaughterhouse.  This authorisation may be withdrawn, under the procedure laid down in Article 12, in the light of a later opinion delivered by one or more veterinary experts.  Veterinary experts must be nationals of a Member State other than those involved in the dispute.  After consulting the Member States, the Commission shall lay down general rules for application of this paragraph, in particular as regards the designation of veterinary experts and the procedure to be followed for delivery of opinions.  4. Even where cold stores are situated outside a slaughterhouse, they shall, in respect of the storage of fresh poultrymeat, be supervised by an official veterinarian.  The competent central authority of the Member State in whose territory the cold store is situated shall, in respect of the storage of fresh poultrymeat, be responsible for approving that store and for withdrawing the approval.   Article 6 Without prejudice to Article 3 (2) and pending the entry into force of Community provisions, this Directive shall not affect the provisions of Member States concerning:    (a) conditions for the approval of cold stores referred to in Article 5 (4) and for any withdrawal of such approval;       (b) the treatment of poultry with substances likely to make the consumption of fresh poultrymeat dangerous or harmful to human health, and the absorption by poultry of such substances as antibiotics, oestrogens, thyrostats, tenderisers, pesticides, herbicides or substances containing arsenic or antimony;       (c) the addition of foreign substances to fresh poultrymeat and its treatment by ionising and ultraviolet radiation.          Article 7 This Directive shall not affect the appeals open under current legislation in the Member States and provided for in this Directive for the purpose of contesting decisions of the competent authorities.   TITLE III Provisions concerning only intra-Community trade  Article 8 Each Member State shall ensure that fresh poultrymeat sent to another Member State is accompanied during transportation to the country of destination by a health certificate conforming to the requirements of Chapter VIII of Annex I.   Article 9 1. Without prejudice to the powers arising under the second sentence of the second subparagraph of Article 5 (3), a Member State may prohibit the marketing in its territory of fresh poultrymeat coming from another Member State if at the time of the health inspection carried out in the country of destination it is found that:    (a) such meat is unfit for human consumption, or that       (b) the provisions of Articles 3, 8 or 14 have not been complied with.         2. Decisions taken under paragraph 1 must, upon request of the consignor or his representative, authorise the return of the fresh poultrymeat provided this is not contrary to considerations of health. At all events safety measures shall be taken to prevent misuse of such meat.  3. These decisions must be communicated to the consignor or his representative together with the reasons for such decisions. These reasoned decisions must, on request, be communicated to him forthwith  in writing with an indication of what appeals against them are open under current legislation and the form and time limits in which they must be commenced.  4. Where such decisions are based on the diagnosis of a contagious or infectious disease, a deterioration dangerous to human health or a serious infringement of the provisions of this Directive, the decisions and the reasons therefor shall also be communicated forthwith to the competent central authority of the exporting country.   Article 10 Each Member State shall grant to consignors whose fresh poultrymeat cannot, pursuant to Article 9 (1), be marketed in its territory the right to obtain the opinion of a veterinary expert. Each Member State shall ensure that, before the competent authorities take any other measures such as destroying the meat, the veterinary experts have an opportunity of determining whether the conditions of Article 9 (1) are fulfilled.  The veterinary expert must be a national of a Member State other than the exporting country or country of destination.  The Commission, acting on a proposal from the Member States, shall draw up a panel of veterinary experts who may be instructed to formulate such opinions. After consulting the Member States, it shall lay down general rules which are to be applied, in particular as regards the procedure for formulation of these opinions.   Article 11 1. Without prejudice to paragraphs 2 to 4, the animal health provisions of Member States concerning trade in live poultry and poultrymeat shall continue to apply until the entry into force of any Community provisions.  2. A Member State may, if there is a danger that animal diseases may be spread by the introduction into its territory of fresh poultrymeat from another Member State, take the following measures:    (a) in the event of an outbreak of an epizootic disease in the other Member State, temporarily prohibit or restrict the introduction of fresh poultrymeat from the affected areas of that Member State;       (b) if an epizootic disease becomes widespread or if there is an outbreak of another serious contagious or infectious animal disease, temporarily prohibit or restrict the introduction of fresh poultrymeat from the entire territory of that State.         3. Each Member State must immediately inform the other Member States and the Commission of the outbreak in its territory of any such disease as is referred to in paragraph 2 and of the measures taken to control it. It must also inform them immediately of the elimination of the disease.  4. Measures taken by the Member States under paragraph 2, and any repeal of such measures, must be communicated forthwith to the other Member States and to the Commission together with the reasons therefor.  Under the procedure laid down in Article 12, a decision may be taken to repeal or amend those measures, in particular in order to co-ordinate them with measures adopted by other Member States.  5. If the situation envisaged in paragraph 2 arises and if it appears necessary that other Member States also apply the measures taken under that paragraph, amended, where necessary, pursuant to paragraph 4, appropriate measures shall be adopted under the procedure laid down in Article 12.   Article 12 1. Where the procedure laid down in this Article is to be used, matters shall without delay be referred by the Chairman, either on his own initiative or at the request of a Member State, to the Standing Veterinary Committee (hereinafter called the "Committee" set up by the Council Decision of 15 October 1968.  2. Within the Committee, the votes of Member States shall be weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.  3. The representative of the Commission shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on such measures within two days. Opinions shall be delivered by a majority of twelve votes.  4. The Commission shall adopt the measures and shall apply them immediately where they are in accordance with the opinion of the Committee. Where they are not in accordance with the opinion of the Committee or if no opinion is delivered, the  Commission shall without delay propose to the Council the measures to be adopted. The Council shall adopt the measures by a qualified majority.  If, within fifteen days from the date on which the proposal was submitted to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately, save where the Council has decided by a simple majority against those measures.   Article 13 The provisions of Article 12 shall apply for eighteen months from the date on which a matter was first referred to the Committee, either under Article 12 (1) or under any corresponding rules.   Article 14 1. The Member States shall prohibit the "Spinchiller" poultry chilling process currently in use. This prohibition shall have effect from 1 January 1976 only.  2. After consulting the Member States within the Standing Veterinary Committee, the Commission shall submit to the Council before 1 January 1972 a report on whether there are one or more alternative chilling processes.  3. The date set in paragraph 1 shall be altered to 1 January 1977 unless the Council, acting on a proposal from the Commission, finds before 1 January 1972 that one or more new industrially exploitable processes have been discovered.   TITLE IV Final provision  Article 15 Until the entry into force of Community provisions concerning imports of fresh poultrymeat from third countries, Member States shall apply to such imports provisions which are at least equivalent to those of this Directive.   Article 16 Without prejudice to Article 14, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive and its Annexes:    (a) in respect of intra-Community trade : within two years following notification of the Directive;       (b) in respect of fresh poultrymeat produced and marketed in their territory : within a maximum of five years following notification of the Directive.     They shall forthwith inform the Commission thereof.    Article 17 This Directive is addressed to the Member States.     Done at Brussels, 15 February 1971.  For the Council  The President  M. COINTAT     ANNEX I CHAPTER I HYGIENE REQUIREMENTS FOR SLAUGHTERHOUSES   1. Slaughterhouses must have:    (a) a room or covered space which is sufficiently large and easy to cleanse and disinfect, for the ante mortem inspection of poultry;       (b) a special room which is easy to cleanse and disinfect, exclusively for poultry suffering from or suspected to be suffering from disease;       (c) a slaughter room large enough for stunning and bleeding on the one hand, and plucking and any scalding on the other, to be carried out in separate places. Any communication between the slaughter room and the room or space referred to in (a) other than the narrow opening through which only slaughter poultry may pass must have an automatically closing door;       (d) en evisceration and preparation room which is large enough for evisceration to be carried out in a place sufficiently for from the other work stations, or separated from them by a partition, so as to prevent contamination. Any communication between the evisceration and preparation room and the slaughter room other than the narrow opening through which only slaughter poultry may pass must have an automatically closing door;       (e) if necessary, a dispatching room;       (f) one or more sufficiently large chilling or refrigerating rooms;       (g) a room or space for collecting feathers unless these are treated as waste;       (h) special lockable premises reserved for the separate storage of poultrymeat which has been detained for the time being and of unhealthy meat declared unfit for human consumption and waste, where such meat and waste is not removed each day from the slaughterhouse;       (i) a special room exclusively for the technical treatment or destruction of poultrymeat declared unfit for human consumption under paragraph 28, meat which under paragraph 29 is excluded from use for human consumption, and waste and by-products from slaughter, intended for industrial purposes, if such technical treatment or destruction is carried out on the premises;       (j) changing rooms, wash basins, showers and flush lavatories ; the latter shall not open directly onto the work rooms ; the wash basins must have hot and cold running water, materials for cleansing and disinfecting the hands, and disposable hand towels ; the wash basins must be near the lavatories;       (k) a specially prepared place for dung unless dung is immediately and hygienically removed;       (l) a place and adequate equipment for cleansing and disinfecting cages and vehicles;       (m) an adequately equipped lockable room for the exclusive use of the veterinary service;       (n) in the work rooms, adequate equipment for cleansing and disinfecting hands and tools ; such equipment must be as near as possible to the work stations ; taps must not be hand operable ; these facilities must have hot and cold running water, cleaning and disinfecting products and disposable hand towels ; for cleansing instruments the temperature of the water must be not less than + 82 ºC;       (o) facilities enabling the veterinary inspections provided for in this Directive to be carried out efficiently at any time;       (p) an adequate surrounding wall or other means of enclosure;       (q) without prejudice to (a), (b), (c) and (d), adequate separation of the clean from the contaminated parts of the building;        (r) in the rooms mentioned in (a) to (j):      - waterproof flooring which is easy to cleanse and disinfect, rot-proof, and so constructed that water can drain away easily;           - smooth walls with light-coloured washable coating or paint up to a height of at least 2 metres, with rounded angles and corners;                  (s) adequate ventilation and, if necessary, steam extraction;       (t) adequate natural or artificial lighting which does not distort colours in the rooms set aside for live or slaughtered poultry;       (u) an adequate supply, under pressure, of drinking water only ; however, non-drinking water may be used in exceptional cases for steam production, provided that the pipes installed for this purpose do not allow this water to be used for other purposes ; in addition, the use of non-drinking water may be allowed in exceptional cases for cooling refrigeration equipment. Pipes for non-drinking water must be painted red and must not pass through rooms in which there is meat;       (v) an adequate supply of hot drinking water under pressure;       (w) a waste-water disposal system which meets hygiene requirements;       (x) proper equipment for protection against pests such as insects, rodents etc.;       (y) instruments and working equipment and also equipment which comes into contact with the poultry during storage which are of non-corrodible material and are easy to cleanse and disinfect;       (z) special air and water-tight non-corrodible containers which cannot be forced open, for collecting of meat which has been declared unfit for human consumption within the meaning of paragraph 28 of Chapter VI.            CHAPTER II HYGIENE REQUIREMENTS FOR SLAUGHTERHOUSE STAFF, PREMISES, EQUIPMENT AND INSTRUMENTS   2. Absolute clear liness shall be required of staff, premises, equipment and instruments.    (a) Staff must in particular wear clean working clothes and headgear which are of a light colour and easily washable. Staff who slaughter animals and work on and handle meat shall wash and disinfect their hands several times during each working day and each time they resume work. Persons who have been in contact with sick animals or infected meat must immediately afterwards carefully wash their hands and arms in hot water and then disinfect them. Smoking shall be forbidden in work rooms and storerooms;       (b) No dogs, cats or animals other than the poultry intended for slaughter therein as defined in Article 1 (1) may enter slaughterhouses, save slaughterhouse draught animals. This prohibition shall not apply to rabbits or birds not mentioned in Article 1 (1) which are intended for immediate slaughter provided they are not housed, slaughtered, prepared or stored at the same time and in the same rooms as poultry.  Rodents, insects and other vermin must be systematically destroyed;       (c) The rooms mentioned in Chapter I (1) (a), (b), (c), (d) and (e) must be cleansed and disinfected as necessary and at all events at the end of the day's work.       (d) Cages for delivering poultry must be made of non-corrodible material, be easy to clean and disinfect and have waterproof floors. They must be cleaned and disinfected each time they are emptied;       (e) Equipment and instruments used for slaughtering, working on and storing meat must be kept clean and in a good state of repair. They must be carefully cleaned and disinfected several times during each working day, at the end of the day's work and before being used again if they have been contaminated, particularly by disease germs;       (f) Containers for unhealthy meat unfit for human consumption and for offal shall be emptied after use and cleansed and disinfected each time they are emptied.    3. Premises, instruments, working equipment and plant used for slaughtering working on and storing meat must be used solely for those purposes.    4. Poultrymeat and containers thereof must not come into direct contact with the ground.  5. Feathers must be taken away immediately after plucking.   6. The use of detergents, disinfectants and pesticides must not affect the fitness of the meat for consumption.   7. Persons who may contaminate meat shall be prohibited from slaughtering or handling it, in particular if      (a) suffering from or suspected of suffering from typhoid fever, paratyphus A and B, infectious enteritis (salmonellosis), dysentery, infectious hepatitis, scarlet fever or carriers of these diseases;           (b) suffering from or suspected of suffering from contagious or infectious tuberculosis;           (c) suffering from or suspected of suffering from a contagious or infectious skin disease;           (d) exercising at the same time an activity which might cause microbes to be transmitted to meat;           (e) wearing a bandage on the hands, other than a waterproof dressing protecting a non-infected finger wound.    8. A medical certificate shall be required from every person working on poultrymeat. It shall attest that there is no impediment to such employment ; the certificate must be renewed annually and whenever the official veterinarian requests ; it shall always be available to the latter.              CHAPTER III ANTE MORTEM HEALTH INSPECTION   9. Poultry for slaughter must undergo ante mortem inspection within 24 hours of arrival at the slaughterhouse. The inspection must be repeated immediately before slaughter if more than 24 hours have elapsed since ante mortem inspection.  10. Ante mortem inspection may be restricted to detecting injuries received in transport if the poultry has been inspected at the farm of origin within the last 24 hours and found to be healthy. In addition, the identity of the poultry must be proved on arrival at the slaughterhouse.  If the ante mortem inspection at the farm of origin and at the slaughterhouse is not carried out by the same official veterinarian, a health certificate stating the particulars required under Annex III must accompany the animals.   11. The ante mortem inspection must be carried out under suitable lighting.   12. The inspection must determine:    (a) whether the poultry is suffering from a disease which can be transmitted to humans or animals, whether it shows symptoms or whether its general condition is such as to indicate that the disease may occur;       (b) whether it shows symptoms of a disease or of a disorder affecting its general condition which may make the meat unfit for human consumption.    13. Poultry suffering from fowl plague, Newcastle disease, rabies, salmonellosis, cholera or ornithosis shall be declared unfit for human consumption.   14. Animals may not be slaughtered for human consumption as fresh meat where it is established:      - from the presence of sick poultry in the slaughterhouse,           - from health information relating to their origin,             that they have been in contact with birds suffering from fowl plague, Newcastle disease, rabies, salmonellosis, cholera or ornithosis in such circumstances that the disease might have been transmitted to them.   15. The poultry referred to in paragraph 12, 13 or 14 must be slaughtered separately and after slaughter of all other poultry.       CHAPTER IV SLAUGHTER HYGIENE REQUIREMENTS   16. Poultry brought into slaughter premises must be slaughtered immediately after stunning.   17. Bleeding must be complete and carried out in such a way that the blood cannot cause contamination outside the place of slaughter.   18. Slaughtered poultry must be plucked immediately and completely.   19. Evisceration must be carried out immediately. The carcase must be opened in such a way that the cavities and all the viscera can be inspected. For this purpose the liver, spleen and digestive tract must be extruded from the carcase in such a way that it is not contaminated and that the natural connections of those viscera remain until the inspection.   20. After inspection the viscera which have been removed must be separated immediately from the carcase, and the parts unfit for human consumption removed at once.  Viscera or parts of viscera remaining in the carcase must, with the exception of the kidneys, be removed entirely, if possible under satisfactory hygienic conditions.   21. It is forbidden to inflate poultrymeat, cleanse it with cloth or fill the carcase with anything other than edible offal from poultry slaughtered in the slaughterhouse.  Parts of poultry and offal must be packed in the manner provided in paragraph 35   22. It is forbidden to cut the carcase or remove or treat the poultrymeat before the inspection has been completed. The official veterinarian may prescribe any other handling required by the inspection.   23. Detained meat declared unfit for human consumption in accordance with paragraph 28 or not allowed for human consumption in accordance with paragraph 29, feathers and waste must be removed as soon as possible to the rooms, spaces or containers provided for in paragraph 1 (g), (h) and (i) and must be so handled that contamination is kept to a minimum.   24. After inspection and evisceration fresh poultrymeat must be cleaned immediately and chilled in accordance with the hygiene requirements.     CHAPTER V POST MORTEM HEALTH INSPECTION   25. All parts of the animal must be inspected immediately after slaughter.   26. The post mortem inspection must be carried out under suitable lighting.   27. The post mortem inspection must include:    (a) visual inspection of the slaughtered animal,       (b) where necessary, palpation and incision of the slaughtered animal, (c) investigation of anomalies in consistency, colour, smell and, where appropriate, taste,       (d) where necessary, laboratory tests.             CHAPTER VI DECISION OF THE OFFICIAL VETERINARIAN AT THE POST MORTEM INSPECTION     28.   1. Poultry shall be declared totally unfit for human consumption where the inspection reveals the following:      - death resulting from a cause other than slaughter,           - general contamination,           - major lesions and ecchymosis,           - abnormal smell, colour, taste,           - putrefaction,           - abnormal consistency,           - cachexia,           - oedema,           - ascites,           - jaundice,           - infectious disease,           - aspergillosis,           - toxoplasmosis,           - extensive subcutaneous or muscular parasitism,           - malignant or multiple tumors,           - leucosis,           - poisoning.              2. Parts of a slaughtered animal which show localised traumatic lesions not affecting the health of the rest of the meat shall be declared unfit for human consumption.    29. The following viscera are excluded from use for human consumption : trachea, lungs separated from the carcase in accordance with paragraph 20, oesophagus, crop, intestine and gall-bladder.          CHAPTER VII HEALTH MARKING   30. The health marking must be made under the responsibility of the official veterinarian, who shall keep and maintain for that purpose:    (a) instruments for making the health marking on meat, to be handed over to the assistant staff only at the actual time of marking and for the length of time necessary for this purpose;       (b) labels and wrappers where these already bear the stamp or mark provided for in paragraph 31 and the seals referred to in paragraph 31. These labels, wrappers and seals shall be handed over in the required number to the assistant staff at the time when they must be used.    31. The health marking shall consist of the following:      (a) for non-packed carcases, a seal affixed to each one.  The seal must be such that it cannot be reused ; it must be of resistant material meeting all hygiene requirements and large enough for the following compulsory information to appear on it in perfectly legible characters:        - on the upper part, the first two letters in capitals of the exporting country,               - in the centre, the veterinary approval number of the slaughterhouse,               - on the lower part, one of the following sets of initials : CEE, EEG, or EWG.                 The letters and figures must be 0 72 cm high;            (b) for packed carcases and parts of carcases, a mark stamped on the wrapper, which must be closed in such a way that it cannot be reused after opening.  The wrapper must be of sufficiently strong material meeting all hygiene requirements ; the mark must give the same information as that required for the seal and be printed in characters of the same size;         (c) for offal not contained in the carcase, a mark stamped on which must be closed, as described under (b) or a stamp impressed on a label which is clearly visible and firmly fixed to the packaging. The label must be attached in such a way that it is destroyed when the packaging is opened.  The stamp must be an oval ink stamp 6 75 cm wide and 4 75 cm high. The following information must appear on it in perfectly legible characters:      - on the upper part, the name of the exporting country in capitals,           - in the centre, the veterinary approval number of the slaughterhouse,           - on the lower part, one of the following sets of initials : CEE, EEG or EWG.             The letters must be 0 78 cm high and the figures 1 71 cm high.           CHAPTER VIII HEALTH CERTIFICATE   32. The original of the health certificate which must accompany fresh poultrymeat during transportation to the country of destination must be issued by an official veterinarian at the time of loading. The health certificate must correspond in form and content to the model in Annex IV. It must be expressed in the language of the country of destination at least and contain the information specified in the model in Annex IV.     CHAPTER IX STORAGE   33. After the chilling provided for in paragraph 24, fresh poultrymeat must be kept at a temperature which may not at any time exceed + 4 ºC.     CHAPTER X PACKAGING   34.   a) Packagings (for example, packing cases, paperboard boxes) must meet all hygiene requirements, in particular:    - it may not affect the organoleptic character of the meat,       - it may not transmit to the substances which are harmful to human health,       - it must be strong enough to protect the meat adequately during transport and handling.          b) Packagings may only be reused for meat when they are made of non-corrodible material which is easy to cleanse and has first been cleansed and disinfected.     35. When fresh poultrymeat is wrapped in a packing material (for example, plastic sheet) which is in direct contact with it, this must be done in accordance with hygiene requirements.  Such packagings must be transparent and colourless and meet the requirements of paragraph 34 (a) ; they may not be reused for packing meat.  Parts of poultry or offal separated from the carcase must always be wrapped in a firmly sealed protective cover satisfying the above criteria.       CHAPTER XI TRANSPORT   36. Fresh poultrymeat must be transported in vehicles or containers designed and equipped in such manner that the temperature specified in Chapter IX is maintained throughout transportation.  37. The means of transport for fresh poultrymeat may not be used for conveying live animals or any product which may be detrimental to or contaminate the meat unless they have, after unloading of those products, been thoroughly cleansed, disinfected and, where necessary, deodorised.   38. Fresh poultrymeat may only be transported at the same time as substances likely to affect it or give it a smell if appropriate precautions are taken.   39. Fresh meat may not be transported in vehicles or containers which are not clean and disinfected.   40. The official veterinarian shall ensure before loading that transport vehicles or containers and loading conditions meet the hygiene requirements of this Chapter.        ANNEX II REQUIREMENTS RELATING TO ASSISTANTS     1. The following only may be accepted as assistants : persons who      (a) provide an attestation from a competent authority that they are of good character;           (b) have an adequate basic education;           (c) are physically suitable for such a post;           (d) show in a test of their ability that they have adequate technical knowledge.                  2. Without prejudice to Chapter II (7) and (8)of Annex I, no person shall be employed as an assistant who:      (a) exercises an activity which might involve a risk of infection of fresh poultrymeat;           (b) is by trade a butcher, manages a poultry slaughterhouse or works there in any capacity, trades in poultry or poultry feeding, is a consultant on poultry feeding, is a professional poultry-farmer or is employed in an agricultural undertaking.                  3. The test referred to in paragraph 1 (d) shall be organised by the competent central authority of the Member State or by the authority appointed by that Member State. Only candidates who prove that they have had three months practical training under an official veterinarian shall be eligible for this test.       4. The test referred to in paragraph 3 shall consist of a theoretical part and a practical part and shall cover the following subjects:      (a) Theoretical part:        - basic knowledge of poultry anatomy and physiology;               - basic knowledge of poultry anatomical pathology;               - basic knowledge of hygiene and in particular industrial hygiene;               - methods and procedure for the slaughter, preparation, packaging and transport of poultry;               - knowledge of the laws, regulations and administrative provisions relating to the carrying out of their work.                          (b) Practical part:        - inspection and assessment of slaughter poultry;               - inspection and assessment of slaughtered poultry;               - determination of animal species through examination of typical parts of an animal;               - determination of a number of parts of slaughtered poultry in which changes have occurred, and comments thereon;               - experience of production-line post mortem inspection.                                     ANNEX III MODEL >PIC FILE= "T0010974">     ANNEX IV MODEL >PIC FILE= "T0010975">   >PIC FILE= "T0010976">


Avis juridique important

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31998L0005

Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained

Official Journal L 077 , 14/03/1998 P. 0036 - 0043

DIRECTIVE 98/5/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 49, Article 57(1) and the first and third sentences of Article 57(2) 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, pursuant to Article 7a of the Treaty, the internal market is to comprise an area without internal frontiers; whereas, pursuant to Article 3(c) of the Treaty, the abolition, as between Member States, of obstacles to freedom of movement for persons and services constitutes one of the objectives of the Community; whereas, for nationals of the Member States, this means among other things the possibility of practising a profession, whether in a self-employed or a salaried capacity, in a Member State other than that in which they obtained their professional qualifications;(2) Whereas, pursuant to Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (4), a lawyer who is fully qualified in one Member State may already ask to have his diploma recognised with a view to establishing himself in another Member State in order to practise the profession of lawyer there under the professional title used in that State; whereas the objective of Directive 89/48/EEC is to ensure that a lawyer is integrated into the profession in the host Member State, and the Directive seeks neither to modify the rules regulating the profession in that State nor to remove such a lawyer from the ambit of those rules;(3) Whereas while some lawyers may become quickly integrated into the profession in the host Member State, inter alia by passing an aptitude test as provided for in Directive 89/48/EEC, other fully qualified lawyers should be able to achieve such integration after a certain period of professional practice in the host Member State under their home-country professional titles or else continue to practise under their home-country professional titles;(4) Whereas at the end of that period the lawyer should be able to integrate into the profession in the host Member States after verification that the possesses professional experience in that Member State;(5) Whereas action along these lines is justified at Community level not only because, compared with the general system for the recognition of diplomas, it provides lawyers with an easier means whereby they can integrate into the profession in a host Member State, but also because, by enabling lawyers to practise under their home-country professional titles on a permanent basis in a host Member State, it meets the needs of consumers of legal services who, owing to the increasing trade flows resulting, in particular, from the internal market, seek advice when carrying out cross-border transactions in which international law, Community law and domestic laws often overlap;(6) Whereas action is also justified at Community level because only a few Member States already permit in their territory the pursuit of activities of lawyers, otherwise than by way of provision of services, by lawyers from other Member States practising under their home-country professional titles; whereas, however, in the Member States where this possibility exists, the practical details concerning, for example, the area of activity and the obligation to register with the competent authorities differ considerably; whereas such a diversity of situations leads to inequalities and distortions in competition between lawyers from the Member States and constitutes an obstacle to freedom of movement; whereas only a directive laying down the conditions governing practice of the profession, otherwise than by way of provision of services, by lawyers practising under their home-country professional titles is capable of resolving these difficulties and of affording the same opportunities to lawyers and consumers of legal services in all Member States;(7) Whereas, in keeping with its objective, this Directive does not lay down any rules concerning purely domestic situations, and where it does affect national rules regulating the legal profession it does so no more than is necessary to achieve its purpose effectively; whereas it is without prejudice in particular to national legislation governing access to and practice of the profession of lawyer under the professional title used in the host Member State;(8) Whereas lawyers covered by the Directive should be required to register with the competent authority in the host Member State in order that that authority may ensure that they comply with the rules of professional conduct in force in that State; whereas the effect of such registration as regards the jurisdictions in which, and the levels and types of court before which, lawyers may practise is determined by the law applicable to lawyers in the host Member State;(9) Whereas lawyers who are not integrated into the profession in the host Member State should practise in that State under their home-country professional titles so as to ensure that consumers are properly informed and to distinguish between such lawyers and lawyers from the host Member State practising under the professional title used there;(10) Whereas lawyers covered by this Directive should be permitted to give legal advice in particular on the law of their home Member States, on Community law, on international law and on the law of the host Member State; whereas this is already allowed as regards the provision of services under Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective excercise by lawyers of freedom to provide services (5); whereas, however, provision should be made, as in Directive 77/249/EEC, for the option of excluding from the activities of lawyers practising under their home-country professional titles in the United Kingdom and Ireland the preparation of certain formal documents in the conveyancing and probate spheres; whereas this Directive in no way affects the provisions under which, in every Member State, certain activities are reserved for professions other than the legal profession; whereas the provision in Directive 77/249/EEC concerning the possibility of the host Member State to require a lawyer practising under his home-country professional title to work in conjunction with a local lawyer when representing or defending a client in legal proceedings should also be incorporated in this Directive; whereas that requirement must be interpreted in the light of the case law of the Court of Justice of the European Communities, in particular its judgment of 25 February 1988 in Case 427/85, Commission v. Germany (6);(11) Whereas to ensure the smooth operation of the justice system Member States should be allowed, by means of specific rules, to reserve access to their highest courts to specialist lawyers, without hindering the integration of Member States' lawyers fulfilling the necessary requirements;(12) Whereas a lawyer registered under his home-country professional title in the host Member State must remain registered with the competent authority in his home Member State if he is to retain his status of lawyer and be covered by this Directive; whereas for that reason close collaboration between the competent authorities is indispensable, in particular in connection with any disciplinary proceedings;(13) Whereas lawyers covered by this Directive, whether salaried or self-employed in their home Member States, may practise as salaried lawyers in the host Member State, where that Member State offers that possibility to its own lawyers;(14) Whereas the purpose pursued by this Directive in enabling lawyers to practise in another Member State under their home-country professional titles is also to make it easier for them to obtain the professional title of that host Member State; whereas under Articles 48 and 52 of the Treaty as interpreted by the Court of Justice the host Member State must take into consideration any professional experience gained in its territory; whereas after effectively and regularly pursuing in the host Member State an activity in the law of that State including Community law for a period of three years, a lawyer may reasonably be assumed to have gained the aptitude necessary to become fully integrated into the legal profession there; whereas at the end of that period the lawyer who can, subject to verification, furnish evidence of his professional competence in the host Member State should be able to obtain the professional title of that Member State; whereas if the period of effective and regular professional activity of at least three years includes a shorter period of practice in the law of the host Member State, the authority shall also take into consideration any other knowledge of that State's law, which it may verify during an interview; whereas if evidence of fulfilment of these conditions is not provided, the decision taken by the competent authority of the host State not to grant the State's professional title under the facilitation arrangements linked to those conditions must be substantiated and subject to appeal under national law;(15) Whereas, for economic and professional reasons, the growing tendency for lawyers in the Community to practise jointly, including in the form of associations, has become a reality; whereas the fact that lawyers belong to a grouping in their home Member State should not be used as a pretext to prevent or deter them from establishing themselves in the host Member State; whereas Member States should be allowed, however, to take appropriate measures with the legitimate aim of safeguarding the profession's independence; whereas certain guarantees should be provided in those Member States which permit joint practice,HAVE ADOPTED THIS DIRECTIVE:Article 1 Object, scope and definitions 1. The purpose of this Directive is to facilitate practice of the profession of lawyer on a permanent basis in a self-employed or salaried capacity in a Member State other than that in which the professional qualification was obtained.2. For the purposes of this Directive:(a) 'lawyer` means any person who is a national of a Member State and who is authorised to pursue his professional activities under one of the following professional titles:>TABLE>(b) 'home Member State` means the Member State in which a lawyer acquired the right to use one of the professional titles referred to in (a) before practising the profession of lawyer in another Member State;(c) 'host Member State` means the Member State in which a lawyer practises pursuant to this Directive;(d) 'home-country professional title` means the professional title used in the Member State in which a lawyer acquired the right to use that title before practising the profession of lawyer in the host Member State;(e) 'grouping` means any entity, with or without legal personality, formed under the law of a Member State, within which lawyers pursue their professional activities jointly under a joint name;(f) 'relevant professional title` or 'relevant profession` means the professional title or profession governed by the competent authority with whom a lawyer has registered under Article 3, and 'competent authority` means that authority.3. This Directive shall apply both to lawyers practising in a self-employed capacity and to lawyers practising in a salarial capacity in the home Member State and, subject to Article 8, in the host Member State.4. Practice of the profession of lawyer within the meaning of this Directive shall not include the provision of services, which is covered by Directive 77/249/EEC.Article 2 Right to practise under the home-country professional title Any lawyer shall be entitled to pursue on a permanent basis, in any other Member State under his home-country professional title, the activities specified in Article 5.Integration into the profession of lawyer in the host Member State shall be subject to Article 10.Article 3 Registration with the competent authority 1. A lawyer who wishes to practise in a Member State other than that in which he obtained his professional qualification shall register with the competent authority in that State.2. The competent authority in the host Member State shall register the lawyer upon presentation of a certificate attesting to his registration with the competent authority in the home Member State. It may require that, when presented by the competent authority of the home Member State, the certificate be not more than three months old. It shall inform the competent authority in the home Member State of the registration.3. For the purpose of applying paragraph 1:- in the United Kingdom and Ireland, lawyers practising under a professional title other than those used in the United Kingdom or Ireland shall register either with the authority responsible for the profession of barrister or advocate or with the authority responsible for the profession of solicitor,- in the United Kingdom, the authority responsible for a barrister from Ireland shall be that responsible for the profession of barrister or advocate, and the authority responsible for a solicitor from Ireland shall be that responsible for the profession of solicitor,- in Ireland, the authority responsible for a barrister or an advocate from the United Kingdom shall be that responsible for the profession of barrister, and the authority responsible for a solicitor from the United Kingdom shall be that responsible for the profession of solicitor.4. Where the relevant competent authority in a host Member State publishes the names of lawyers registered with it, it shall also publish the names of lawyers registered pursuant to this Directive.Article 4 Practice under the home-country professional title 1. A lawyer practising in a host Member State under his home-country professional title shall do so under that title, which must be expressed in the official language or one of the official languages of his home Member State, in an intelligible manner and in such a way as to avoid confusion with the professional title of the host Member State.2. For the purpose of applying paragraph 1, a host Member State may require a lawyer practising under his home-country professional title to indicate the professional body of which he is a member in his home Member State or the judicial authority before which he is entitled to practise pursuant to the laws of his home Member State. A host Member State may also require a lawyer practising under his home-country professional title to include a reference to his registration with the competent authority in that State.Article 5 Area of activity 1. Subject to paragraphs 2 and 3, a lawyer practising under his home-country professional title carries on the same professional activities as a lawyer practising under the relevant professional title used in the host Member State and may, inter alia, give advice on the law of his home Member State, on Community law, on international law and on the law of the host Member State. He shall in any event comply with the rules of procedure applicable in the national courts.2. Member States which authorise in their territory a prescribed category of lawyers to prepare deeds for obtaining title to administer estates of deceased persons and for creating or transferring interests in land which, in other Member States, are reserved for professions other than that of lawyer may exclude from such activities lawyers practising under a home-country professional title conferred in one of the latter Member States.3. For the pursuit of activities relating to the representation or defence of a client in legal proceedings and insofar as the law of the host Member State reserves such activities to lawyers practising under the professional title of that State, the latter may require lawyers practising under their home-country professional titles to work in conjunction with a lawyer who practises before the judicial authority in question and who would, where necessary, be answerable to that authority or with an 'avoué` practising before it.Nevertheless, in order to ensure the smooth operation of the justice system, Member States may lay down specific rules for access to supreme courts, such as the use of specialist lawyers.Article 6 Rules of professional conduct applicable 1. Irrespective of the rules of professional conduct to which he is subject in his home Member State, a lawyer practising under his home-country professional title shall be subject to the same rules of professional conduct as lawyers practising under the relevant professional title of the host Member State in respect of all the activities he pursues in its territory.2. Lawyers practising under their home-country professional titles shall be granted appropriate representation in the professional associations of the host Member State. Such representation shall involve at least the right to vote in elections to those associations' governing bodies.3. The host Member State may require a lawyer practising under his home-country professional title either to take out professional indemnity insurance or to become a member of a professional guarantee fund in accordance with the rules which that State lays down for professional activities pursued in its territory. Nevertheless, a lawyer practising under his home-country professional title shall be exempted from that requirement if he can prove that he is covered by insurance taken out or a guarantee provided in accordance with the rules of his home Member State, insofar as such insurance or guarantee is equivalent in terms of the conditions and extent of cover. Where the equivalence is only partial, the competent authority in the host Member State may require that additional insurance or an additional guarantee be contracted to cover the elements which are not already covered by the insurance or guarantee contracted in accordance with the rules of the home Member State.Article 7 Disciplinary proceedings 1. In the event of failure by a lawyer practising under his home-country professional title to fulfil the obligations in force in the host Member State, the rules of procedure, penalties and remedies provided for in the host Member State shall apply.2. Before initiating disciplinary proceedings against a lawyer practising under his home-country professional title, the competent authority in the host Member State shall inform the competent authority in the home Member State as soon as possible, furnishing it with all the relevant details.The first subparagraph shall apply mutatis mutandis where disciplinary proceedings are initiated by the competent authority of the home Member State, which shall inform the competent authority of the host Member State(s) accordingly.3. Without prejudice to the decision-making power of the competent authority in the host Member State, that authority shall cooperate throughout the disciplinary proceedings with the competent authority in the home Member State. In particular, the host Member State shall take the measures necessary to ensure that the competent authority in the home Member State can make submissions to the bodies responsible for hearing any appeal.4. The competent authority in the home Member State shall decide what action to take, under its own procedural and substantive rules, in the light of a decision of the competent authority in the host Member State concerning a lawyer practising under his home-country professional title.5. Although it is not a prerequisite for the decision of the competent authority in the host Member State, the temporary or permanent withdrawal by the competent authority in the home Member State of the authorisation to practise the profession shall automatically lead to the lawyer concerned being temporarily or permanently prohibited from practising under his home-country professional title in the host Member State.Article 8 Salaried practice A lawyer registered in a host Member State under his home-country professional title may practise as a salaried lawyer in the employ of another lawyer, an association or firm of lawyers, or a public or private enterprise to the extent that the host Member State so permits for lawyers registered under the professional title used in that State.Article 9 Statement of reasons and remedies Decisions not to effect the registration referred to in Article 3 or to cancel such registration and decisions imposing disciplinary measures shall state the reasons on which they are based.A remedy shall be available against such decisions before a court or tribunal in accordance with the provisions of domestic law.Article 10 Like treatment as a lawyer of the host Member State 1. A lawyer practising under his home-country professional title who has effectively and regularly pursued for a period of at least three years an activity in the host Member State in the law of that State including Community law shall, with a view to gaining admission to the profession of lawyer in the host Member State, be exempted from the conditions set out in Article 4(1)(b) of Directive 89/48/EEC, 'Effective and regular pursuit` means actual exercise of the activity without any interruption other than that resulting from the events of everyday life.It shall be for the lawyer concerned to furnish the competent authority in the host Member State with proof of such effective regular pursuit for a period of at least three years of an activity in the law of the host Member State. To that end:(a) the lawyer shall provide the competent authority in the host Member State with any relevant information and documentation, notably on the number of matters he has dealt with and their nature;(b) the competent authority of the host Member State may verify the effective and regular nature of the activity pursued and may, if need be, request the lawyer to provide, orally or in writing, clarification of or further details on the information and documentation mentioned in point (a).Reasons shall be given for a decision by the competent authority in the host Member State not to grant an exemption where proof is not provided that the requirements laid down in the first subparagraph have been fulfilled, and the decision shall be subject to appeal under domestic law.2. A lawyer practising under his home-country professional title in a host Member State may, at any time, apply to have his diploma recognised in accordance with Directive 89/48/EEC with a view to gaining admission to the profession of lawyer in the host Member State and practising it under the professional title corresponding to the profession in that Member State.3. A lawyer practising under his home-country professional title who has effectively and regularly pursued a professional activity in the host Member State for a period of at least three years but for a lesser period in the law of that Member State may obtain from the competent authority of that State admission to the profession of lawyer in the host Member State and the right to practise it under the professional title corresponding to the profession in that Member State, without having to meet the conditions referred to in Article 4(1)(b) of Directive 89/48/EEC, under the conditions and in accordance with the procedures set out below:(a) The competent authority of the host Member State shall take into account the effective and regular professional activity pursued during the abovementioned period and any knowledge and professional experience of the law of the host Member State, and any attendance at lectures or seminars on the law of the host Member State, including the rules regulating professional practice and conduct.(b) The lawyer shall provide the competent authority of the host Member State with any relevant information and documentation, in particular on the matters he has dealt with. Assessment of the lawyer's effective and regular activity in the host Member State and assessment of his capacity to continue the activity he has pursued there shall be carried out by means of an interview with the competent authority of the host Member State in order to verify the regular and effective nature of the activity pursued.Reasons shall be given for a decision by the competent authority in the host Member State not to grant authorisation where proof is not provided that the requirements laid down in the first subparagraph have been fulfilled, and the decision shall be subject to appeal under domestic law.4. The competent authority of the host Member State may, by reasoned decision subject to appeal under domestic law, refuse to allow the lawyer the benefit of the provisions of this Article if it considers that this would be against public policy, in a particular because of disciplinary proceedings, complaints or incidents of any kind.5. The representatives of the competent authority entrusted with consideration of the application shall preserve the confidentiality of any information received.6. A lawyer who gains admission to the profession of lawyer in the host Member State in accordance with paragraphs 1, 2 and 3 shall be entitled to use his home-country professional title, expressed in the official language or one of the official languages of his home Member State, alongside the professional title corresponding to the profession of lawyer in the host Member State.Article 11 Joint practice Where joint practise is authorised in respect of lawyers carrying on their activities under the relevant professional title in the host Member State, the following provisions shall apply in respect of lawyers wishing to carry on activities under that title or registering with the competent authority:(1) One or more lawyers who belong to the same grouping in their home Member State and who practise under their home-country professional title in a host Member State may pursue their professional activities in a branch or agency of their grouping in the host Member State. However, where the fundamental rules governing that grouping in the home Member State are incompatible with the fundamental rules laid down by law, regulation or administrative action in the host Member State, the latter rules shall prevail insofar as compliance therewith is justified by the public interest in protecting clients and third parties.(2) Each Member State shall afford two or more lawyers from the same grouping or the same home Member State who practise in its territory under their home-country professional titles access to a form of joint practice. If the host Member State gives its lawyers a choice between several forms of joint practice, those same forms shall also be made available to the aforementioned lawyers. The manner in which such lawyers practise jointly in the host Member State shall be governed by the laws, regulations and administrative provisions of that State.(3) The host Member State shall take the measures necessary to permit joint practice also between:(a) several lawyers from different Member States practising under their home-country professional titles;(b) one or more lawyers covered by point (a) and one or more lawyers from the host Member State.The manner in which such lawyers practice jointly in the host Member State shall be governed by the laws, regulations and administrative provisions of that State.(4) A lawyer who wishes to practise under his home-country professional title shall inform the competent authority in the host Member State of the fact that he is a member of a grouping in his home Member State and furnish any relevant information on that grouping.(5) Notwithstanding points 1 to 4, a host Member State, insofar as it prohibits lawyers practising under its own relevant professional title from practising the profession of lawyer within a grouping in which some persons are not members of the profession, may refuse to allow a lawyer registered under his home-country professional title to practice in its territory in his capacity as a member of his grouping. The grouping is deemed to include persons who are not members of the profession if- the capital of the grouping is held entirely or partly, or- the name under which it practises is used, or- the decision-making power in that grouping is exercised, de facto or de jure,by persons who do not have the status of lawyer within the meaning of Article 1(2).Where the fundamental rules governing a grouping of lawyers in the home Member State are incompatible with the rules in force in the host Member State or with the provisions of the first subparagraph, the host Member State may oppose the opening of a branch or agency within its territory without the restrictions laid down in point (1).Article 12 Name of the grouping Whatever the manner in which lawyers practise under their home-country professional titles in the host Member State, they may employ the name of any grouping to which they belong in their home Member State.The host Member State may require that, in addition to the name referred to in the first subparagraph, mention be made of the legal form of the grouping in the home Member State and/or of the names of any members of the grouping practising in the host Member State.Article 13 Cooperation between the competent authorities in the home and host Member States and confidentiality In order to facilitate the application of this Directive and to prevent its provisions from being misapplied for the sole purpose of circumventing the rules applicable in the host Member State, the competent authority in the host Member State and the competent authority in the home Member State shall collaborate closely and afford each other mutual assistance.They shall preserve the confidentiality of the information they exchange.Article 14 Designation of the competent authorities Member States shall designate the competent authorities empowered to receive the applications and to take the decisions referred to in this Directive by 14 March 2000. They shall communicate this information to the other Member States and to the Commission.Article 15 Report by the Commission Ten years at the latest from the entry into force of this Directive, the Commission shall report to the European Parliament and to the Council on progress in the implementation of the Directive.After having held all the necessary consultations, it shall on that occasion present its conclusions and any amendments which could be made to the existing system.Article 16 Implementation 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 14 March 2000. 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 adopted by Member States.2. Member States shall communicate to the Commission the texts of the main provisions of domestic law which they adopt in the field covered by this Directive.Article 17 This Directive shall enter into force on the date of its publication in the Official Journal of the European Communities.Article 18 Addressees This Directive is addressed to the Member States.Done at Brussels, 16 February 1998.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentJ. CUNNINGHAM(1) OJ C 128, 24. 5. 1995, p. 6 and OJ C 355, 25. 11. 1996, p. 19.(2) OJ C 256, 2. 10. 1995, p. 14.(3) Opinion of the European Parliament of 19 June 1996 (OJ C 198, 8. 7. 1996, p. 85), Council Common Position of 24 July 1997 (OJ C 297, 29. 9. 1997, p. 6), Decision of the European Parliament of 19 November 1997 (Council Decision of 15 December 1997).(4) OJ L 19, 24. 1. 1989, p. 16.(5) OJ L 78, 26. 3. 1977, p. 17. Directive as last amended by the 1994 Act of Accession.(6) [1988] ECR 1123.


title: Commission Directive 2014/84/EU of 30 June 2014 amending Appendix A of Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards nickel  Text with EEA relevance

text:
               1.7.2014

               EN

               Official Journal of the European Union

               L 192/49

         COMMISSION DIRECTIVE 2014/84/EU
   of 30 June 2014
   amending Appendix A of Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards nickel
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (1), and in particular Article 46(3) thereof,
   Whereas:

               (1)

               Directive 2009/48/EC establishes general requirements for substances which are classified as carcinogenic, mutagenic or toxic for reproduction (CMR) under Regulation (EC) No 1272/2008 of the European Parliament and of the Council (2). CMR substances category 2 may not be used in toys, in components of toys or in micro-structurally distinct parts of toys, except if those substances are contained in individual concentrations equal to or smaller than the relevant concentrations established for the classification of mixtures containing them as CMRs, they are inaccessible to children or their use has been permitted. The Commission may permit the use of CMR substances category 2 in toys if the use of the substance has been evaluated by the Scientific Committee and found to be safe, in particular in view of exposure, and the substance is not prohibited for use in consumer articles under Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3). Appendix A of Annex II to Directive 2009/48/EC contains the list of CMR substances and their permitted uses.

               (2)

               Nickel (CAS No 7440-02-0) is a typical metal. Its main primary uses are in the production of nickel-containing alloys (including stainless steel), in nickel plating, in the production of nickel-containing products such as batteries and welding electrodes, and in the production of chemicals containing nickel. Nickel is also used in toys for its resistance to corrosion and its high electrical conductivity, for example in model railway tracks and for battery contacts.

               (3)

               Nickel is classified under Regulation (EC) No 1272/2008 as carcinogenic category 2. In the absence of any specific requirements, nickel can be contained in toys in concentrations equal to or smaller than the relevant concentration established for the classification of mixtures containing it as CMRs, namely 1 %.

               (4)

               Nickel was comprehensively evaluated under Council Regulation (EEC) No 793/93 (4). The 2008 European Union Risk Assessment Report (EU RAR) (5) concluded that, with regard to the occupational assessment regarding carcinogenicity, there was a need for further studies to evaluate the inhalation carcinogenicity of nickel. The 2009 Addendum (6) to the EU RAR, prepared for the purpose of the transitional measures under Regulation (EC) No 1907/2006, concluded that no further measures at Union level were required, as the results from the two-year carcinogenicity study with inhalation exposure of rats to metallic nickel did not point towards a revision of the existing carcinogenicity classification.

               (5)

               Appendix A of Annex II to Directive 2009/48/EC already permits the use of nickel in stainless steel in toys, as nickel in stainless steel has proven to be safe regarding its carcinogenic properties.

               (6)

               To assess the risk to health from the presence of metallic nickel in electric toys (plating, coating and alloys enabling electrical conductivity), the Commission asked the Scientific Committee on Health and Environmental Risks (SCHER) for an opinion. SCHER notes in its opinion ‘Assessment of the Health Risks from the Use of Metallic Nickel (CAS No 7440-02-0) in Toys’, adopted on 25 September 2012, that a tumour risk due to nickel exposure when handling toys is not present since inhalation of metallic nickel from toys is extremely unlikely. SCHER further concludes that the use of nickel in parts of toys allowing the correct electric function of toys will result in a very low potential for exposure to nickel by oral and dermal intake, due to the restrictions on nickel release applicable to metal-containing parts in toys, the limited accessibility of the metal-containing parts and the small surface area of the nickel-containing parts allowing the correct function of electric toys. Thus, health risks are not expected by SCHER.

               (7)

               In accordance with point 5(c)(ii) of Part III of Annex II to Directive 2009/48/EC, the use of CMR substances category 2 cannot be permitted if the substance is prohibited for use in consumer articles under Regulation (EC) No 1907/2006. Entry 27 of Annex XVII to that Regulation only restricts the use of nickel in post assemblies which are inserted into pierced ears and other pierced parts of the human body, in articles intended to come into direct and prolonged contact with the skin and in articles intended to come into direct and prolonged contact with the skin where those have a non-nickel coating. The restrictions of entry 27 of Annex XVII to Regulation (EC) No 1907/2006 do not amount to a full ban for use in all consumer articles under that Regulation. This Directive should not affect the application of entry 27 of Annex XVII to Regulation (EC) No 1907/2006 to toys which are articles intended to come into direct and prolonged contact with the skin.

               (8)

               Directive 2009/48/EC should therefore be amended accordingly.

               (9)

               The measures provided for in this Directive are in accordance with the opinion of the Committee established in Article 47 of Directive 2009/48/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Appendix A of Annex II to Directive 2009/48/EC is replaced by the following:

         ‘Appendix A

            List of CMR substances and their permitted uses in accordance with points 4, 5 and 6 of Part III

                     Substance

                     Classification

                     Permitted use

                     Nickel

                     CMR 2

                     In toys and toy components made of stainless steel.
                     In toy components which are intended to conduct an electric current.’

   Article 2
   1.   Member States shall adopt and publish, by 1 July 2015 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from 1 July 2015.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 30 June 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 170, 30.6.2009, p. 1.

      (2)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

      (3)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

      (4)  Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (OJ L 84, 5.4.1993, p. 1).

      (5)  http://echa.europa.eu/documents/10162/cefda8bc-2952-4c11-885f-342aacf769b3

      (6)  http://echa.europa.eu/documents/10162/13630/nickel_denmark_en.pdf


Avis juridique important

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31993L0057

Council Directive 93/57/EEC of 29 June 1993 amending the Annexes to Directives 86/362/EEC and 86/363/EEC on the fixing of maximum levels for pesticide residues in and on cereals and foodstuffs of animal origin respectively

Official Journal L 211 , 23/08/1993 P. 0001 - 0005 Finnish special edition: Chapter 3 Volume 52 P. 0003  Swedish special edition: Chapter 3 Volume 52 P. 0003

COUNCIL DIRECTIVE 93/57/EEC of 29 June 1993 amending the Annexes to Directives 86/362/EEC and 86/363/EEC on the fixing of maximum levels for pesticide residues in and on cereals and foodstuffs of animal origin respectivelyTHE COUNCIL OF  THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (1), and in particular Article 11 thereof,  Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (2), and in particular Article 11 thereof,  Having regard to the proposal from the Commission,  Whereas it appears desirable to update the nomenclature in Annex I to each of Directives 86/362/EEC and 86/363/EEC to conform with Commission Regulation (EEC) No 2587/91 (3);  Whereas it also appears desirable to enlarge the scope of Annex I to Directive 86/362/EEC to include husked rice and semi-milled or wholly milled rice in addition to paddy or rough rice, since a significant proportion of rice is put into circulation as  such;  Whereas, in the light of technical and scientific progress and the requirements of public health and agriculture, it is now desirable to supplement Annex II to Directive 86/363/EEC in respect of the provisions for the establishment of maximum levels for  birds' eggs and egg yolks and to establish levels for the pesticides therein listed; whereas, for clarity, it appears desirable to present a consolidated version of the said Annex;  Whereas it is also desirable, on the same grounds, to amend Directives 86/362/EEC and 86/363/EEC by adding provisions relating to further pesticide residues for cereals and foodstuffs of animal origin, namely acephate, benomyl, carbendazim,  chlorpyrifos, chlorpyrifos-methyl, chlorthalonil, cypermethrin, deltamethrin, fenvalerate, glyphosate, imazalil, iprodione, mancozeb, maneb, methamidophos, metiram, permethrin, procymidone, propineb, thiophanate-methyl, vinclozolin, zineb;  Whereas, however, available data are insufficient for certain pesticide-cereal/foodstuffs of animal origin combinations as appropriate; whereas a period of time, not exceeding four years, will be necessary to generate such data; whereas, therefore,  maximum levels should be established on the basis of such data by 1 January 1998 at the latest; whereas failure to provide satisfactory data would normally result in the establishment of levels at the appropriate limit of determination;  Whereas, in order better to estimate dietary intake of pesticide residues, it is prudent to establish simultaneously, where possible, maximum residue levels for individual pesticides in all major components of the diet; whereas these levels represent  the use of minimum quantities of pesticide to achieve adequate control, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable;  Whereas the maximum residue levels established in the current Directive will have to be reviewed in the framework of the re-evaluations of active substances provided for in the work programme established in Article 8 (2) of Council Directive 91/414/EEC  of 15 July 1991 concerning the placing of plant protection products on the market (4),  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 86/362/EEC is hereby amended as follows:  1. Annex I shall be replaced by the following:   /* Tables: see OJ */        /* Tables: see OJ */      Article 2  Directive 86/363/EEC is hereby amended as follows:  1. Annex I shall be replaced by the following:   /* Tables: see OJ */      Part A, and shall be amended and re-presented as follows:   /* Tables: see OJ */      'PART B Pesticide residues Maximum levels in mg/kg (ppm) of meat, including fat, preparations of meat, offals and animal fats listed in Annex I under heading Nos ex 0201, 0202, 0203, 0204, 0205 00 00, 0206, 0207, ex 0208, 0209 00, 0210, 1601 00 and 1602 for  milk and milk products listed in Annex I under heading Nos 0401, 0402, 0405 00 and 0406 of shelled fresh eggs, for birds' eggs and egg yolks listed in Annex I under heading Nos 0407 00 and 0408 1. ACEPHATE 0,02* 0,02* 0,02* 2. BENOMYL 3. CARBENDAZIM 4.  THIOPHONATE METHYL sum expressed as carbendazim 0,1* 0,1* 0,1* 5. CHLOROTHALONIL 0,01* 0,01* 0,01* 6. GLYPHOSATE 0,5 ex 0206 pig kidney 2 ex 0206 cattle, goat and sheep kidney 0,1* other products 0,1* 0,1* 7. IMAZALIL 0,02* 0,02* 0,02* 8. MANCOZEB 9.  MANEB 10. METIRAM 11. PROPINEB 12. ZINEB sum expressed as CS2 0,05* 0,05* 0,05* 13. METHAMIDOPHOS 0,01* 0,01* 0,01* 14. IPRODIONE 15. PROCYMIDONE 16. VINCLOZOLIN (sum of compounds and all metabolites containing the 3,5-dichloroaniline moiety expressed  as 3,5 dichloroaniline) 0,05* 0,05* 0,05* * Indicates lower limit of analytical determination.' Article 3  Member States shall bring into force, not later than 31 December 1993, the laws, regulations or administrative provisions necessary to comply with this Directive.  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 4  This Directive is addressed to the Member States.  Done at Luxembourg, 29 June 1993.  For the Council The President S. AUKEN (1) OJ No L 221, 7. 8. 1986, p. 37. Directive as last amended by Directive 90/654/EEC (OJ No L 353, 17. 12. 1990, p. 48). (2) OJ No L 221, 7. 8. 1986, p. 43.(3) OJ No L 259, 26. 7. 1991, p. 1.(4)() (b) (c) Should levels not be adopted by 1  January 1998, the following maximum levels shall apply as indicated thereafter (a) : 0,1* (b) : 0,05* (c) : 0,02*.(5)() (b) (c) Should levels not be adopted by 1 January 1998, the following maximum levels shall apply as indicated thereafter (b) :  0,05*(6) In the case of foodstuffs with a fat content of 10 % or less by weight, the residue is related to the total weight of the boned foodstuff. In such cases, the maximum level is one-tenth of the value related to fat content, but must be no less  than 0,01 mg/kg.(7) In determining the residues in raw cow's milk and whole cream cow's milk, a fat content of 4 % by weight should be taken as a basis. For raw milk and whole cream milk of another animal origin the residues are expressed on the basis  of the fat. For the other foodstuffs listed in Annex I under heading Nos 0401, 0402, 0405 00 and 0406: - with a fat content of less than 2 % by weight, the maximum level is taken as half that set for raw milk and whole cream milk, - with a fat content  of 2 % or more by weight, the maximum level is expressed in mg/kg of fat. In such cases, the maximum level is 25 times that set for raw milk and whole cream milk.(8) For eggs and egg products with a fat content higher than 10 % the maximum level is  expressed in mg/kg fat. In this case the maximum level is 10 times higher than the maximum level for fresh eggs.(9) Footnotes (1), (2) and (3) do not apply in cases where the lower limit of analytical determination is indicated.(10)() Should levels not  be adopted by 1 January 1998, the following maximum level shall apply: 0,05*.