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31998L0042

Commission Directive 98/42/EC of 19 June 1998 amending Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (Text with EEA relevance)

Official Journal L 184 , 27/06/1998 P. 0040 - 0046

COMMISSION DIRECTIVE 98/42/EC of 19 June 1998 amending Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (1), as amended by Directive 98/25/EC (2), and in particular Article 19 thereof,Whereas it is necessary to take account of amendments which have entered into force to the Conventions, Protocols, Codes and Resolutions of the International Maritime Organization (IMO), and developments and considerations within the Paris Memorandum of Understanding (MOU);Whereas since the adoption of Directive 95/21/EC further efforts have been made to develop a better targeting system; whereas the target factor system developed in the framework of the Paris MOU should be incorporated into that Directive;Whereas the list of certificates and documents referred to in Annex II to Directive 95/21/EC should be modified in order to take into account amendments which have entered into force to international legislation;Whereas the list of 'clear grounds` for a more detailed inspection given in Annex III to the said Directive should be amended in the light of a more complete list as given by IMO Resolution A.787(19);Whereas according to Annex IV to the said Directive, the procedures and guidelines for the control of ships to be observed by the inspector are those described in IMO Resolutions A.466(XII) as amended, A.542(13), MEPC.26(23) and A.742(18); whereas the said Annex IV should be amended in order to take account of the revocation of those Resolutions by IMO Resolution A.787(19); whereas the procedures described in Resolution A.787(19) have been incorporated into Annex I, 'Port State Control Procedures` to the Paris MOU;Whereas in order to decide whether or not a ship should be detained, the inspector shall apply the criteria set out in Annex VI to the said Directive; whereas however it would be inappropriate to detain a vessel on the grounds of damage accidentally suffered, provided certain conditions are met;Whereas the said Annex VI should also be amended in the light of the provisions included in IMO Resolution A.787(19), in particular with regard to the areas under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) of 1978;Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee set up pursuant to Article 12 of Council Directive 93/75/EEC (3), as last amended by Commission Directive 97/34/EC (4),HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 95/21/EC is amended as follows:1. Article 5(2) is replaced by the following:'2. In selecting ships for inspection the competent authority shall give overriding priority to the ships referred to in Annex I, Part I. In determining the order of priority for inspection of the other ships listed in Annex I, the competent authority shall use the ship's overall target factor referred to in Annex I, Part II.`;2. Annexes I, II, III, IV and VI are amended as provided for in the Annex to this Directive.Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 September 1998 at the latest. They shall immediately inform the Commission thereof.When these provisions are adopted by Member States, they shall contain a reference to this Directive or shall be accompanied by such a reference at the time of their official publication. The procedure for making such a reference shall be laid down by Member States.2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.Article 3 This Directive shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 19 June 1998.For the CommissionNeil KINNOCKMember of the Commission(1) OJ L 157, 7. 7. 1995, p. 1.(2) OJ L 133, 7. 5. 1998, p. 19.(3) OJ L 247, 5. 10. 1993, p. 19.(4) OJ L 158, 17. 6. 1997, p. 40.ANNEX 1. Annex I is replaced by the following:'ANNEX ISHIPS TO BE CONSIDERED FOR PRIORITY INSPECTION(as referred to in Article 5(2))I. Overriding factorsRegardless of the value of the target factor, the following ships shall be considered as an overriding priority for inspection.1. Ships which have been reported by pilots or port authorities as having deficiencies which may prejudice their safe navigation (pursuant to Directive 93/75/EEC and Article 13 of this Directive).2. Ships which have failed to comply with the obligations laid down in Directive 93/75/EEC.3. Ships which have been the subject of a report or notification by another Member State.4. Ships which have been the subject of a report or complaint by the master, a crew member, or any person or organization with a legitimate interest in the safe operation of the ship, shipboard living and working conditions or the prevention of pollution, unless the Member State concerned deems the report or complaint to be manifestly unfounded; the identity of the person lodging the report or complaint must not be revealed to the master or the shipowner of the ship concerned.5. Ships which have been:- involved in a collision, grounding or stranding on their way to the port,- accused of an alleged violation of the provisions on discharge of harmful substances or effluents,- manoeuvred in an erratic or unsafe manner whereby routing measures, adopted by the IMO, or safe navigation practices and procedures have not been followed, or- otherwise operated in such a manner as to pose a danger to persons, property or the environment.6. Ships which have been suspended from their class for safety reasons in the course of the preceding six months.II. Overall targeting factorThe following ships shall be considered as priority for inspection.>TABLE>The target factor means the numerical value allocated to an individual ship in accordance with the provisions of this Annex and displayed on the Sirenac information system.In determining the order of priority of the ships listed above, the competent authority shall take into account the order indicated by the overall target factor. A higher target factor is indicative of a higher priority. The target factor is the sum of the applicable target factor values indicated above. Items 5, 6 and 7 shall only apply to inspections carried out in the last 12 months. The overall target factor shall not be less than the sum of items 4, 8, 9, 10, 11 and 12.`2. Annex II is amended as follows:1. Item 13 is replaced by the following:'13. Copy of the Document of Compliance and the Safety Management Certificate issued, in accordance with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (SOLAS, Chapter IX).`2. The following is inserted after item 14:'15. Document of compliance with the special requirements for ships carrying dangerous goods.16. High speed craft safety certificate and permit to operate high speed craft.17. Dangerous goods special list or manifest, or detailed stowage plan.18. Ship's log book with respect to the records of tests and drills and the log for records of inspection and maintenance of lifesaving appliances and arrangements.19. Special purpose ship safety certificate.20. Mobile offshore drilling unit safety certificate.21. For oil tankers, the record of oil discharge monitoring and control system for the last ballast voyage.22. The muster list, fire control plan, and for passenger ships, a damage control plan.23. Shipboard oil pollution emergency plan.24. Survey report files (in case of bulk carriers and oil tankers).25. Reports of previous port State control inspections.26. For ro-ro passenger ships, information on the A/A-maximum ratio.27. Document of authorization for the carriage of grain.28. Cargo securing manual.`3. Annex III is replaced by the following:'ANNEX IIIEXAMPLES OF "CLEAR GROUNDS" FOR A MORE DETAILED INSPECTION(as referred to in Article 6(3))1. Ships identified in Annex I, Part I and Part II, paragraphs II-3, II-4, II-5b, II-5c, II-8 and II-11.2. The oil record book has not been properly kept.3. During examination of the certificates and other documentation, (see Article 6(1)(a) and (2)), inaccuracies have been revealed.4. Indications that the crew members are unable to comply with the requirements of Article 8 of Council Directive 94/58/EC of 22 November 1994 on the minimum level of training of seafarers (1).5. Evidence of cargo and other operations not being conducted safely, or in accordance with IMO guidelines, e.g. the content of oxygen in the inert-gas main supply to the cargo tanks is above the prescribed maximum level.6. Failure of the master on an oil tanker to produce the record of the oil discharge monitoring and control system for the last ballast voyage.7. Absence of an up-to-date muster list, or crew members not aware of their duties in the event of fire or an order to abandon the ship.8. The emission of false distress alerts not followed by proper cancellation procedures.9. The absence of principal equipment or arrangements required by the conventions.10. Excessively unsanitary conditions on board the ship.11. Evidence from the inspector's general impression and observations that serious hull or structural deterioration or deficiencies exist that may place at risk the structural, watertight or weathertight integrity of the ship.12. Information or evidence that the master or crew is not familiar with essential shipboard operations relating to the safety of ships or the prevention of pollution, or that such operations have not been carried out.(1) OJ L 319, 12. 12. 1994, p. 28.`4. Annex IV is replaced by the following:'ANNEX IVPROCEDURES FOR THE CONTROL OF SHIPS(as referred to in Article 6(4))1. Principles of safe manning (IMO Resolution A.481(XII) and Annexes which are contents of Minimum Safe Manning Document (Annex 1) and Guidelines for the Application of Principles of Safe Manning (Annex 2).2. The provisions of the International Maritime Dangerous Goods Code.3. International Labour Organisation (ILO) publication "Inspection of Labour Conditions on Board Ship: Guidelines for procedures".4. Annex I, "Port State Control Procedures" to the Paris MOU.`5. Annex VI is amended as follows:1. In the introduction, the following paragraph is added:'Where the ground for detention is the result of accidental damage suffered on the ship's voyage to a port, no detention order shall be issued, provided that:1. due account has been given to the requirements contained in Regulation I/11(c) of SOLAS 74 regarding notification to the flag State administration, the nominated surveyor or the recognised organisation responsible for issuing the relevant certificate;2. prior to entering a port, the master or shipowner has submitted to the port State control authority details on the circumstances of the accident and the damage suffered and information about the required notification of the flag State administration;3. appropriate remedial action, to the satisfaction of the Authority, is being taken by the ship; and4. the authority has ensured, having been notified of the completion of the remedial action, that deficiencies which were clearly hazardous to safety, health or the environment have been rectified.`2. In item 3, the following is added:'However, the detainable deficiencies in the area of STCW 78 listed under item 3.8 below are the only grounds for detention under this Convention.`3. In item 3.2, the following is added:'13. Serious deficiency in the operational requirements, as described in Section 5.5 of Annex I to the MOU.14. Number, composition or certification of crew not corresponding with the safe manning document.`4. Item 3.8 is replaced by the following:'1. Failure of seafarers to hold a certificate, to have an appropriate certificate, to have a valid dispensation or to provide documentary proof that an application for an endorsement has been submitted to the flag State administration.2. Failure to comply with the applicable safe manning requirements of the flag state administration.3. Failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the flag State administration.4. Absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution.5. Failure to provide proof of professional proficiency for the duties assigned to seafarers for the safety of the ship and the prevention of pollution.6. Inability to provide for the first watch at the commencement of a voyage and for subsequent relieving watches persons who are sufficiently rested and otherwise fit for duty.`


Avis juridique important

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31968L0193

Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine

Official Journal L 093 , 17/04/1968 P. 0015 - 0023 Finnish special edition: Chapter 3 Volume 2 P. 0032  Danish special edition: Series I Chapter 1968(I) P. 0091  Swedish special edition: Chapter 3 Volume 2 P. 0032  English special edition: Series I Chapter 1968(I) P. 0093  - 0103 Greek special edition: Chapter 03 Volume 3 P. 0039  Spanish special edition: Chapter 03 Volume 2 P. 0124  Portuguese special edition Chapter 03 Volume 2 P. 0124

COUNCIL DIRECTIVE  of 9 April 1968  on the marketing of material for the vegetative propagation of the vine  (68/193/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 1;  After consulting the Economic and Social Committee;  Whereas the production of wine and table grapes occupies an important place in the agriculture of the European Economic Community;  Whereas satisfactory results in vine cultivation depend to a large extent on the use of appropriate propagation material ; whereas to this end certain Member States have for some time restricted the marketing of vine vegetative propagation material to high quality wood and young plants ; whereas those States have been able to take advantage of the systematic plant selection work carried out over several decades which has resulted in the development of stable and uniform vine varieties which, by reason of their characters, promise to be of great value for the purposes in view;  Whereas greater productivity will be achieved in the Community vine cultivation if for the choice of the varieties permitted to be marketed the Member States apply uniform rules which are as strict as possible;  Whereas it is however justifiable to restrict marketing to certain varieties only if the vine grower can be sure of actually obtaining propagation material of those varieties;  Whereas certain Member States have for this purpose been applying certification schemes which are intended by official control to ensure varietal identity and purity, and health status, particularly as regards virus diseases ; whereas these schemes may constitute one of the bases for a uniform Community certification scheme;  Whereas such a scheme should apply to the marketing both in other Member States and on domestic markets of propagation material produced within the Community;  Whereas, as a general rule, propagation material intended for the production of grapes or for the production of propagation material should be allowed to be marketed only if it has been officially examined and certified, in accordance with the rules for certification, as basic material or certified material ; whereas the choice of the technical terms "basic material" and "certified material" is based on already existing international terminology and on the Community schemes for other genera and species of plant;  Whereas it would be desirable to restrict marketing to certified vine propagation material obtained by clonal selection ; whereas, however, it is at present impossible to attain this objective since Community requirements could not be entirely covered by such material ; whereas, therefore, the marketing of checked standard material which must also possess identity and varietal purity but which does not always afford the same assurances as propagation material obtained by clonal selection should be allowed provisionally ; whereas, however, this category should gradually be eliminated;  Whereas, if vines are not propagated or if propagation material is not marketed in a Member State, it seems justifiable to exempt that State from the obligation to arrange for certification or for checking  1OJ No 156, 15.7.1967, p. 30.   of standard material without however affecting its obligation to restrict marketing to certified material and standard material;  Whereas propagation material which is not placed on the market should not, in view of its minor economic importance, be subject to Community rules ; whereas Member States must retain the right to make such material subject to special provisions;  Whereas Community rules should not apply to propagation material shown to be intended for export to third countries;  Whereas Community rules must be adopted by the Council not later than 31 December 1969 for propagation material produced in third countries and marketed in the Community;  Whereas, in order to improve not only the genetic valve of Community propagation material, but also its external quality, certain conditions must be laid down as to technical purity, quality and grading;  Whereas, in order to ensure the identity of the propagation material, Community rules must be laid down as regards the separation of batches, packaging, sealing and marking ; whereas to this end the labels should give the particulars needed both for official control and for the information of the vine grower and should clearly show the Community nature of the certification;  Whereas, in order to ensure that both the requirements as to the quality of propagation material and the provisions for ensuring its identity are complied with during marketing, the Member States must make provision for suitable control arrangements;  Whereas propagation material satisfying these requirements should, without prejudice to Article 36 of the Treaty, be subject to no marketing restrictions other than those provided for in Community rules;  Whereas, until such time as a common catalogue of varieties has been established, the restrictions allowed should include in particular the right of Member States to restrict the marketing of propagation material to those varieties which are of value for cropping and use in their territory ; whereas it is not appropriate to decide at present whether and subject to what conditions Member States may prohibit, in whole or in part, the cultivation of certain varieties of vine in the territory;  Whereas, subject to certain conditions, propagation material produced in other Member States from basic material certified in a Member State should be recognised as equivalent to propagation material produced in that Member State;  Whereas, during periods in which there are difficulties in obtaining supplies of certified material of the various categories, or of standard material, propagation material satisfying less stringent requirements should temporarily be permitted to be marketed;  Whereas, in order to harmonise the technical methods of certification and of checking standard material used in the various Member States and to enable comparisons to be made in the future between material certified or checked within the Community and that coming from third countries, Community tests should be carried out in the Member States to assess the quality of the different categories of propagation material;  Whereas the Commission should be entrusted with the task of adopting certain measures for the application of this Directive ; whereas, in order to facilitate implementation of the proposed measures, a procedure should be provided for establishing close co-operation between Member States and the Commission within a Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry;  HAS ADOPTED THIS DIRECTIVE:     Article 1 This Directive shall apply to material for the vegetative propagation of the vine (hereinafter called "propagation material") produced and marketed within the Community.    Article 2 1. For the purposes of this Directive, the following definitions shall apply:    A. Vines : Plants of the genus Vitis (L.) intended for the production of grapes or for use as propagation material for such plants.       B. Propagation material: >PIC FILE= "T0011127">    >PIC FILE= "T0011128">        C. Stock nurseries : nurseries for the production of rootstock cuttings for grafting, nursery cuttings or top-graft cuttings.       D. Cutting nurseries : nurseries for the cultivation of rooted cuttings or rooted grafts.       E. Basic material : propagation material      (a) which has been produced under the responsibility of the grower according to accepted practices for the maintenance of the variety;           (b) which is intended for the production of propagation material;           (c) which satisfies the conditions laid down in Annexes I and II for basic material ; and           (d) which has been found by official examination to satisfy the above-mentioned conditions.                  F. Certified material : propagation material      (a) which is obtained direct from the basic material of a variety or, if the grower so requests, from propagation material of an earlier stage of multiplication than basic material which has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic material;           (b) which is intended for        - the production of young plants or parts of plants for use in the production of grapes, or               - the production of grapes;                          (c) which satisfies the conditions laid down in Annexes I and II for certified material ; and           (d) which has been found by official examination to satisfy the above-mentioned conditions.                  G. Standard material : propagation material      (a) which has varietal identity and purity;           (b) which is intended for  - the production of young plants or parts of plants for use in the production of grapes;           (c) which satisfies the conditions laid down in Annexes I and II for standard material ; and           (d) which has been found by official examination to satisfy the above-mentioned conditions.                  H. Official measures : measures taken      (a) by State authorities, or           (b) by any legal person whether governed by public or by private law, acting under the responsibility of the State, or           (c) in the case of ancillary activities which are also subject to State control, by any natural person duly sworn for that purpose,  provided that the persons mentioned under (b) and (c) derive no private gain from such measures.                    2. Member States may    (a) provided that there shall be no official certification of propagation material or checking of standard material if such material is not normally propagated or marketed in their territory;       (b) as a transitional measure, after the entry into force of the laws, regulations or administrative provisions necessary to comply with this Directive, provide that propagation material which has been used for establishing stock nurseries or cutting nurseries is equivalent to propagation material certified or checked in accordance with the provisions of this Directive if, before being so used, it afforded the same assurances as propagation material certified or checked in accordance with the provisions of this Directive.           Article 3 1. The Member States shall provide that vine propagation material may not be placed on the market:    - unless it has been officially certified as "basic material" or "certified material", or is officially checked standard material, and       - unless it satisfies the conditions laid down in Annex II.         2. Member States may provide for derogations from the provisions of paragraph 1:    (a) for propagation material of an earlier stage of multiplication than basic stock;        (b) for tests or for scientific purposes;       (c) for selection work.         3. Member States may provide for derogations as regards the minimum length of rootstock cuttings for grafting Annex II (III) (1) (B) (a). 4. The Commission, acting in accordance with the procedure laid down in Article 17, may:    (a) authorise Member States, by way of degoration from the provisions of Annex II (II) (1), to classify as certified material rooted grafts consisting of certified material grafted on to standard material ; such authorisation shall be granted only for a transitional period to be set and only until such time as the Member States concerned have sufficient supplies of basic material and certified material for their new plantings;       (b) provide that after specified dates propagation material of certain vine varieties may not be placed on the market unless it has been officially certified as "basic material" or "certified material".           Article 4 Member States may as regards the conditions laid down in Annexes I and II, impose additional or more stringent requirements for the certification of propagation material or the checking of standard material produced in their own territory.    Article 5 1. Each Member State shall establish a list of the vine varieties officially accepted for certification and for checking as standard material in its territory. The list shall give the principal morphological and physiological characters by which the varieties can be distinguished one from another.  2. A variety shall be accepted for certification or checking only if it has been established by official or officially controlled examinations, particularly growing trials, that the variety is sufficiently uniform and stable.  If it is known that the variety is marketed in another country under a different name, that name shall also be recorded in the list.  3. The varieties accepted shall be officially checked at regular intervals. If any of the conditions for acceptance for certification or checking is no longer satisfied, acceptance shall be revoked and the variety deleted from the list.  4. These lists and any alterations made to them shall be sent forthwith to the Commission, which shall communicate them to the other Member States.    Article 6 The Member States shall require that for the checking of varieties samples are drawn officially in accordance with appropriate methods.    Article 7 The Member States shall provide that, while growing and during lifting, or removal from the parent vine, packaging, storage and transportation, propagation material be kept in separate batches and be marked with the variety and, where applicable, in the case of basic material and certified material, with the clone.    Article 8 1. The Member States shall require that propagation material be marketed only in sufficiently homogeneous batches and in sealed packages or bundles bearing, as prescribed in Articles 9 and 10, a sealing device and markings. Packaging shall comply with the provisions of Annex III.  2. Member States may, for the marketing of small quantities to the final consumer and for the marketing of vines in pots, crates or boxes, provide for derogations from the provisions of paragraph 1 in respect of packaging, sealing and marking.    Article 9 The Member States shall require that packages and bundles of propagation material be sealed by the person responsible in such a manner that when the container or bundle is opened the seal is damaged and cannot be re-attached.    Article 10 1. The Member States shall require that the person responsible for sealing affix on the outside of the packages and bundles of propagation material a label in one of the official languages of the Community conforming to the specification in Annex IV ; the label shall be attached with the seal. The colour of the label shall be white for basic material, blue for certified material and dark yellow for standard material.  2. Member States may provide that each batch also be accompanied by a document giving the same information as the label.    Article 11 The Member States shall ensure that the identity of the propagation material is preserved, from the time of its lifting, or its removal from the parent vines until its delivery to the final consumer, by a system of official controls laid down or approved  by them. They shall make suitable arrangements for propagation material to be officially controlled during marketing, at least by check sampling, as regards its compliance with the requirements of this Directive.    Article 12 1. The Member States shall ensure that basic material and certified material which have been officially certified and whose containers have been marked as prescribed in this Directive and standard material whose containers have been sealed and marked as prescribed in this Directive, are subject to no marketing restrictions as regards their characters, examination arrangements, marking and sealing other than those laid down in this Directive.  2. Member States may:    (a) where no measures have been taken by the Commission under Article 3 (4) (b) and entered into force, provide that after specified dates propagation material of certain vine varieties may not be placed on the market unless it has been officially certified as "basic material" or "certified material";       (b) until such time as a common catalogue of varieties can be introduced, restrict the marketing of propagation material to those varieties which are entered in a national list based on value for cropping and use in their territory ; the conditions for inclusion in this list shall be the same for varieties coming from other Member States as for domestic varieties.           Article 13 The Member States shall provide that propagation material which is obtained directly from basic material certified in one Member State and grown in another Member State may be certified in the State which produced the basic material if the propagation material has undergone field inspection satisfying the conditions laid down in Annex I and if official examination has shown that the conditions laid down in Annex II are satisfied.    Article 14 1. In order to eliminate any temporary difficulties in the general supply of basic material, certified material or standard material that occur in one or more Member States and cannot be overcome within the Community, the Commission, acting in accordance with the procedure laid down in Article 17, shall authorise one or more Member States to accept for marketing, for a period to be set by the Commission, propagation material of a category satisfying less stringent requirements.  2. For a category of propagation material of any given variety, the colour of the label shall be that provided for the corresponding category ; in all other cases it shall be brown. The label shall always state that the propagation material in question is of a category satisfying less stringent requirements.    Article 15 1. This Directive shall not apply to propagation material shown to be intended for export to third countries.  2. The Council, acting by a qualified majority on a proposal from the Commission, shall, not later than 31 December 1969, adopt measures concerning propagation material produced in third countries and marketed within the Community.    Article 16 1. Community tests shall be carried out within the Community in order to assess the quality of the propagation material ; these tests shall be subject to inspection by the Committee referred to in Article 17.  2. These tests shall, during a first stage, be used to harmonise the technical methods of certifying certified material and checking standard material so as to obtain results which are equivalent. As soon as this aim is achieved, annual progress reports shall be made on the tests and sent in confidence to the Member States and to the Commission. The Commission, acting in accordance with the procedure laid down in Article 17, shall set the date for the first report.  3. The Commission, acting in accordance with the procedure laid down in Article 17, shall make the necessary arrangements for the tests to be carried out. Propagation material produced in third countries may be included in the tests.    Article 17 1. Where the procedure laid down in this Article is to be followed, matters shall be referred by the Chairman, either on his own initiative or at the request of the representative of a Member State to the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry (hereinafter called the "Committee") set up by the Council Decision of 14 June 1966. 1  2. Within the Committee, the votes of the Member States shall be weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.  1OJ No 125, 11.7.1966, p. 2289/66.   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 a time limit set by the Chairman according to the urgency of the matter. Opinions shall be delivered by a majority of twelve votes.  4. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall forthwith be communicated by the Commission to the Council. In that event the Commission may defer application of the measures which it has adopted for not more than one month from the date of such communication.  The Council, acting by a qualified majority, may take a different decision within one month.    Article 18 This Directive shall be without prejudice to the provisions of national laws justified on grounds of the protection of health and life of humans, animals or plants or the protection of industrial and commercial property.    Article 19 The Member States shall, not later than 1 July 1969, bring into force the measures necessary to comply with this Directive and shall forthwith inform the Commission thereof.    Article 20 The Directive is addressed to the Member States.     Done at Luxembourg, 9 April 1968.  For the Council  The President  E. FAURE     ANNEX I CONDITIONS RELATING TO THE GROWING CROP     I. General conditions    1. The crop shall have varietal identity and purity.       2. The cultural condition of the plantation and the stage of development of the plants shall be such as to permit varietal identity and purity to be adequately checked.       3. The greatest care shall be taken to ensure that the soil in which stock and cutting nurseries intended for the cultivation of basic material or certified material are planted is not infected with harmful organisms, in particular viruses.       4. Harmful organisms which reduce the usefulness of the propagation material shall be at the lowest possible level.       5. The crop shall be kept free from plants showing symptoms of virus diseases.       6. The failure rate in stock nurseries intended for the production of certified material shall not exceed 5 % ; in stock nurseries intended for the production of standard material it shall not exceed 10 %. The proportion of failure may exceptionally exceed these percentages when due to physical causes.       7. There shall be at least one crop inspection each year ; a second crop inspection shall be carried out in cases of disputes on matters which can be decided without prejudice to the quality of the propagation material.           II. Special conditions    1. Cutting nurseries shall not be established within, or within a few metres of, vineyards for the production of fruit.       2. The parts of vine plants used for the production of rooted cuttings and rooted grafts shall be taken from stock nurseries which have been inspected and approved.            ANNEX II CONDITIONS RELATING TO PROPAGATION MATERIAL   I. General conditions     1. Propagation material shall have varietal identity and purity ; a 1 % tolerance shall be accepted for the marketing of standard material.       2. Minimum technical purity : 96 %.  The following shall be regarded as technically impure:      (a) wholly or partly desiccated propagation material, even when it has been steeped in water after desiccation;           (b) damaged, bent or injured propagation material, in particular when damaged by hail or frost or when crushed or broken.                  3. Harmful organisms which reduce the usefulness of the propagation material shall be at the lowest possible level.          II. Special conditions     1. Rooted grafts:  Rooted grafts consisting of basic material grafted on to basic material or of basic material grafted on to certified material shall be classified as basic material. Rooted grafts consisting of certified material grafted on to basic material or of certified material grafted on to certified material shall be classified as certified material. All other combinations shall be classified as standard material.       2. Parts of young vine plants:  The vine shoots shall have reached an adequate state of maturity of the wood. The "wood/pith" ratio shall be normal for the variety.          III. Grading     1. Rootstock cuttings for grafting, nursery cuttings and top-graft cuttings:      A. Diameter  This shall be measured at the widest point of the top cross-section.        (a) Rootstock cuttings for grafting and top-grafting cuttings:     (aa) top diameter:          (i) Vitis rupestris and its crossing with Vitis vinifera, 6 to 12 mm;                   (ii) other varieties, 6 75 to 12 mm;  the number of shoots with a diameter of not more than 7 mm, in the case of Vitis rupestris and its crossings with Vitis vinifera, and not more than 7 75 mm, in the case of other varieties, shall not exceed 25 % of the batch;                                  (bb) maximum butt-end diameter, 14 mm except in the case of top-graft cuttings for grafting plants in situ. The cut shall be made at least 2 cm below the lowest eye.     (b) Nursery cuttings:  minimum top diameter : 3 75 mm.                           B. Length  The length shall be measured from the lowest part of the lowest node ; the uppermost inter-node must be kept intact.        (a) Rootstock cuttings for grafting : minimum length, 1 705 m;               (b) Nursery cuttings : minimum length, 55 cm ; in the case of Vitis vinifera, 30 cm;               (c) Top-grafting cuttings : minimum length, 50 cm, with at least five usable eyes.                                 2. Rooted cuttings      A. Diameter  The diameter, measured at the middle of the internode immediately under the extension growth and along the longest axis shall be not less than 5 mm.           B. Length  The distance from the lowest point at which roots emerge to the base of the extension growth shall be not less than:        (a) for rootstocks, 30 cm;               (b) for other rooted cuttings, 22 cm.                          C. Roots  Each plant shall have at least three well-developed and well-spaced roots. However, the 420 A variety may have only two well-developed roots, provided that they are on opposite sides.                  3. Rooted grafts      (a) the stem shall be at least 20 cm long;           (b) roots : each plant shall have at least three well-developed and well-spaced roots. However, the 420 A variety may have only two well-developed roots, provided that they are on opposite sides.           (c) union : each plant shall have an adequate, regular and secure union.                        ANNEX III PACKAGING  Composition of packages or bundles: >PIC FILE= "T0011129">      ANNEX IV LABEL     A. Required information      (a)         1. "EEC standards".               2. Name and address of producer or his indentification number.               3. Authority responsible for certification or checking and Member State.               4. Reference number of batch.               5. Variety and, where appropriate, the clone (for rooted grafts, the clones of the rootstocks and the top-graft cuttings).               6. Category.               7. Country of production.               8. Quantity.               9. Length - for rootstock cuttings for grafting if a Member State grants derogations from the rules relating to minimum lengths (Article 3 (3)).                         (b) In the case of "Rooted cuttings" and "Rooted grafts" the particulars referred to in Items 1, 2, 5, 6 and 7 of (a) are sufficient.                 B. Minimum dimensions      (a) 110 × 67 mm for rootstock cuttings for grafting, top-graft cuttings and nursery cuttings;           (b) 80 × 70 mm for rooted cuttings and rooted grafts.


Avis juridique important

|

31980L0618

Thirty-second Commission Directive 80/618/EEC of 26 June 1980 amending the Annexes to Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 171 , 04/07/1980 P. 0036 - 0036 Greek special edition: Chapter 03 Volume 29 P. 0111

****( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 2 ) OJ NO L 104 , 22 . 4 . 1980 , P . 18 .    THIRTY-SECOND COMMISSION DIRECTIVE   OF 26 JUNE 1980   AMENDING THE ANNEXES TO DIRECTIVE 70/524/EEC CONCERNING ADDITIVES IN FEEDINGSTUFFS  ( 80/618/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL DIRECTIVE 70/524/EEC OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS ( 1 ), AS LAST AMENDED BY COMMISSION DIRECTIVE 80/440/EEC ( 2 ), AND IN PARTICULAR ARTICLES 6 AND 16 ( A ) ( 4 ) THEREOF ,   WHEREAS THE PROVISIONS OF DIRECTIVE 70/524/EEC LAY DOWN THAT THE ANNEXES MUST BE CONSTANTLY ADAPTED IN LINE WITH THE PROGRESS OF SCIENTIFIC AND TECHNICAL KNOWLEDGE ;   WHEREAS CONDITIONS OF USE OF THE ANTIBIOTICS LINCOMYCIN AND SPIRAMYCIN AND THE COCCIDIOSTATS DIMETRIDAZOLE AND RONIDAZOLE AT PRESENT IN ANNEX II REQUIRE ADDITIONAL EXAMINATION IT IS DESIRABLE TO EXTEND THEIR AUTHORIZATION FOR A LIMITED PERIOD , WHILE AWAITING THE OUTCOME OF THESE STUDIES ;   WHEREAS IN THE ABSENCE OF AN OPINION OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS AND OF A DECISION BY THE COUNCIL WITHIN A PERIOD OF THREE MONTHS , THE COMMISSION IS EMPOWERED , IN ACCORDANCE WITH THE PROVISIONS OF THE SECOND SUBPARAGRAPH ARTICLE 16 ( A ) ( 4 ) OF DIRECTIVE 70/524/EEC , TO ADOPT THE MEASURES ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   IN ANNEX II TO DIRECTIVE 70/524/EEC :   1 . IN PART A ' ANTIBIOTICS '  THE DATE ' 31 DECEMBER 1979 '  IN THE ' PERIOD OF AUTHORIZATION '  COLUMN IS REPLACED BY ' 30 JUNE 1980 '  FOR THE FOLLOWING ITEMS :   NO 17 LINCOMYCIN ,   NO 20 SPIRAMYCIN ;   2 . IN PART B ' COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES ' THE DATE ' 31 DECEMBER 1979 '  IN THE ' PERIOD OF AUTHORIZATION ' COLUMN IS REPLACED BY ' 30 JUNE 1980 '  FOR THE FOLLOWING ITEMS :   NO 2 DIMETRIDAZOLE ,   NO 12 RONIDAZOLE .   ARTICLE 2   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 26 JUNE 1980 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT


title: Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order

text:
               21.12.2011

               EN

               Official Journal of the European Union

               L 338/2

         DIRECTIVE 2011/99/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 13 December 2011
   on the European protection order
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(1)(a) and (d) thereof,
   Having regard to the initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Estonia, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Hungary, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Finland and the Kingdom of Sweden,
   After transmission of the draft legislative act to the national parliaments,
   Acting in accordance with the ordinary legislative procedure (1),
   Whereas:

               (1)

               The European Union has set itself the objective of maintaining and developing an area of freedom, security and justice.

               (2)

               Article 82(1) of the Treaty on the Functioning of the European Union (TFEU) provides that judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions.

               (3)

               According to the Stockholm Programme — An open and secure Europe serving and protecting citizens (2), mutual recognition should extend to all types of judgments and decisions of a judicial nature, which may, depending on the legal system, be either criminal or administrative. It also calls on the Commission and the Member States to examine how to improve legislation and practical support measures for the protection of victims. The programme also points out that victims of crime can be offered special protection measures which should be effective within the Union. This Directive forms part of a coherent and comprehensive set of measures on victims’ rights.

               (4)

               The resolution of the European Parliament of 26 November 2009 on the elimination of violence against women calls on Member States to improve their national laws and policies to combat all forms of violence against women and to act in order to tackle the causes of violence against women, not least by employing preventive measures and calls on the Union to guarantee the right to assistance and support for all victims of violence. The resolution of the European Parliament of 10 February 2010 on equality between women and men in the European Union 2009 endorses the proposal to introduce the European protection order for victims.

               (5)

               In its Resolution of 10 June 2011 on a Roadmap for strengthening the rights and protection of victims, in particular in criminal proceedings, the Council stated that action should be taken at the level of the Union in order to strengthen the rights and protection of victims of crime and called on the Commission to present appropriate proposals to that end. In this framework, a mechanism should be created to ensure mutual recognition among Member States of decisions concerning protection measures for victims of crime. According to that Resolution, this Directive, which concerns the mutual recognition of protection measures taken in criminal matters, should be complemented by an appropriate mechanism concerning measures taken in civil matters.

               (6)

               In a common area of justice without internal borders, it is necessary to ensure that the protection provided to a natural person in one Member State is maintained and continued in any other Member State to which the person moves or has moved. It should also be ensured that the legitimate exercise by citizens of the Union of their right to move and reside freely within the territory of Member States, in accordance with Article 3(2) of the Treaty on European Union (TEU) and Article 21 TFEU, does not result in a loss of their protection.

               (7)

               In order to attain these objectives, this Directive should set out rules whereby the protection stemming from certain protection measures adopted according to the law of one Member State (‘the issuing State’) can be extended to another Member State in which the protected person decides to reside or stay (‘the executing State’).

               (8)

               This Directive takes account of the different legal traditions of the Member States as well as the fact that effective protection can be provided by means of protection orders issued by an authority other than a criminal court. This Directive does not create obligations to modify national systems for adopting protection measures nor does it create obligations to introduce or amend a criminal law system for executing a European protection order.

               (9)

               This Directive applies to protection measures which aim specifically to protect a person against a criminal act of another person which may, in any way, endanger that person’s life or physical, psychological and sexual integrity, for example by preventing any form of harassment, as well as that person’s dignity or personal liberty, for example by preventing abductions, stalking and other forms of indirect coercion, and which aim to prevent new criminal acts or to reduce the consequences of previous criminal acts. These personal rights of the protected person correspond to fundamental values recognised and upheld in all Member States. However, a Member State is not obliged to issue a European protection order on the basis of a criminal measure which does not serve specifically to protect a person, but primarily serves other aims, for example the social rehabilitation of the offender. It is important to underline that this Directive applies to protection measures which aim to protect all victims and not only the victims of gender violence, taking into account the specificities of each type of crime concerned.

               (10)

               This Directive applies to protection measures adopted in criminal matters, and does not therefore cover protection measures adopted in civil matters. For a protection measure to be executable in accordance with this Directive, it is not necessary for a criminal offence to have been established by a final decision. Nor is the criminal, administrative or civil nature of the authority adopting a protection measure relevant. This Directive does not oblige Member States to amend their national law to enable them to adopt protection measures in the context of criminal proceedings.

               (11)

               This Directive is intended to apply to protection measures adopted in favour of victims, or possible victims, of crimes. This Directive should not therefore apply to measures adopted with a view to witness protection.

               (12)

               If a protection measure, as defined in this Directive, is adopted for the protection of a relative of the main protected person, a European protection order may also be requested by and issued in respect of that relative, subject to the conditions laid down in this Directive.

               (13)

               Any request for the issuing of a European protection order should be treated with appropriate speed, taking into account the specific circumstances of the case, including the urgency of the matter, the date foreseen for the arrival of the protected person on the territory of the executing State and, where possible, the degree of risk for the protected person.

               (14)

               Where information is to be provided under this Directive to the protected person or to the person causing danger, this information should also, where relevant, be provided to the guardian or the representative of the person concerned. Due attention should also be paid to the need for the protected person, the person causing danger or the guardian or representative in the proceedings, to receive the information provided for by this Directive, in a language that that person understands.

               (15)

               In the procedures for the issuing and recognition of a European protection order, competent authorities should give appropriate consideration to the needs of victims, including particularly vulnerable persons, such as minors or persons with disabilities.

               (16)

               For the application of this Directive, a protection measure may have been imposed following a judgment within the meaning of Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions (3), or following a decision on supervision measures within the meaning of Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (4). If a decision was adopted in the issuing State on the basis of one of those Framework Decisions, the recognition procedure should be followed accordingly in the executing State. This, however, should not exclude the possibility to transfer a European protection order to a Member State other than the State executing decisions based on those Framework Decisions.

               (17)

               In accordance with Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, the person causing danger should be provided, either during the procedure leading to the adoption of a protection measure or before issuing a European protection order, with the possibility of being heard and challenging the protection measure.

               (18)

               In order to prevent a crime being committed against the victim in the executing State, that State should have the legal means for recognising the decision previously adopted in the issuing State in favour of the victim, while also avoiding the need for the victim to start new proceedings or to produce evidence in the executing State again, as if the issuing State had not adopted the decision. The recognition of the European protection order by the executing State implies, inter alia, that the competent authority of that State, subject to the limitations set out in this Directive, accepts the existence and validity of the protection measure adopted in the issuing State, acknowledges the factual situation described in the European protection order, and agrees that protection should be provided and should continue to be provided in accordance with its national law.

               (19)

               This Directive contains an exhaustive list of prohibitions and restrictions which, when imposed in the issuing State and included in the European protection order, should be recognised and enforced in the executing State, subject to the limitations set out in this Directive. Other types of protection measures may exist at national level, such as, if provided by national law, the obligation on the person causing danger to remain in a specified place. Such measures may be imposed in the issuing State in the framework of the procedure leading to the adoption of one of the protection measures which, according to this Directive, may be the basis for a European protection order.

               (20)

               Since, in the Member States, different kinds of authorities (civil, criminal or administrative) are competent to adopt and enforce protection measures, it is appropriate to provide a high degree of flexibility in the cooperation mechanism between the Member States under this Directive. Therefore, the competent authority in the executing State is not required in all cases to take the same protection measure as those which were adopted in the issuing State, and has a degree of discretion to adopt any measure which it deems adequate and appropriate under its national law in a similar case in order to provide continued protection to the protected person in the light of the protection measure adopted in the issuing State as described in the European protection order.

               (21)

               The prohibitions or restrictions to which this Directive applies include, among others, measures aimed at limiting personal or remote contacts between the protected person and the person causing danger, for example by imposing certain conditions on such contacts or imposing restrictions on the contents of communications.

               (22)

               The competent authority of the executing State should inform the person causing danger, the competent authority of the issuing State and the protected person of any measure adopted on the basis of the European protection order. In the notification to the person causing danger, due regard should be taken of the interest of the protected person in not having that person’s address or other contact details disclosed. Such details should be excluded from the notification, provided that the address or other contact details are not included in the prohibition or restriction imposed as an enforcement measure on the person causing danger.

               (23)

               When the competent authority in the issuing State withdraws the European protection order, the competent authority in the executing State should discontinue the measures which it has adopted in order to enforce the European protection order, it being understood that the competent authority in the executing State may — autonomously, and in accordance with its national law — adopt any protection measure under its national law in order to protect the person concerned.

               (24)

               Given that this Directive deals with situations in which the protected person moves to another Member State, issuing or executing a European protection order should not imply any transfer to the executing State of powers relating to principal, suspended, alternative, conditional or secondary penalties, or relating to security measures imposed on the person causing danger, if the latter continues to reside in the State that adopted the protection measure.

               (25)

               Where appropriate, it should be possible to use electronic means with a view to putting into practice the measures adopted in application of this Directive, in accordance with national laws and procedures.

               (26)

               In the context of cooperation among the authorities involved in ensuring the protection of the protected person, the competent authority of the executing State should communicate to the competent authority of the issuing State any breach of the measures adopted in the executing State with a view to executing the European protection order. This communication should enable the competent authority of the issuing State to promptly decide on any appropriate response with respect to the protection measure imposed in its State on the person causing danger. Such a response may comprise, where appropriate, the imposition of a custodial measure in substitution of the non-custodial measure that was originally adopted, for example, as an alternative to preventive detention or as a consequence of the conditional suspension of a penalty. It is understood that such a decision, since it does not impose ex novo a penalty in relation to a new criminal offence, does not interfere with the possibility that the executing State may, where applicable, impose penalties in the event of a breach of the measures adopted in order to execute the European protection order.

               (27)

               In view of the different legal traditions of the Member States, where no protection measure would be available in the executing State in a case similar to the factual situation described in the European protection order, the competent authority of the executing State should report any breach of the protection measure described in the European protection order of which it is aware to the competent authority of the issuing State.

               (28)

               In order to ensure the smooth application of this Directive in each particular case, the competent authorities of the issuing and the executing States should exercise their competencies in accordance with the provisions of this Directive, taking into account the principle of ne bis in idem.

               (29)

               The protected person should not be required to sustain costs related to the recognition of the European protection order which are disproportionate to a similar national case. When implementing this Directive, Member States should ensure that, after recognition of the European protection order, the protected person is not required to initiate further national proceedings to obtain from the competent authority of the executing State, as a direct consequence of the recognition of the European protection order, a decision adopting any measure that would be available under its national law in a similar case in order to ensure the protection of the protected person.

               (30)

               Bearing in mind the principle of mutual recognition upon which this Directive is based, Member States should promote, to the widest extent possible, direct contact between the competent authorities when they apply this Directive.

               (31)

               Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States should consider requesting those responsible for the training of judges, prosecutors, police and judicial staff involved in the procedures aimed at issuing or recognising a European protection order to provide appropriate training with respect to the objectives of this Directive.

               (32)

               In order to facilitate the evaluation of the application of this Directive, Member States should communicate to the Commission relevant data related to the application of national procedures on the European protection order, at least with regard to the number of European protection orders requested, issued and/or recognised. In this respect, other types of data, such as, for example, the types of crimes concerned, would also be useful.

               (33)

               This Directive should contribute to the protection of persons who are in danger, thereby complementing, but not affecting, the instruments already in place in this field, such as Framework Decision 2008/947/JHA and Framework Decision 2009/829/JHA.

               (34)

               When a decision relating to a protection measure falls within the scope of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (5), Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (6), or the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children (7), the recognition and enforcement of that decision should be carried out in accordance with the provisions of the relevant legal instrument.

               (35)

               Member States and the Commission should include information about the European protection order, where it is appropriate, in existing education and awareness-raising campaigns on the protection of victims of crime.

               (36)

               Personal data processed when implementing this Directive should be protected in accordance with Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (8) and with the principles laid down in the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data.

               (37)

               This Directive should respect the fundamental rights guaranteed by the Charter of Fundamental Rights of the European Union and by the European Convention for the Protection of Human Rights and Fundamental Freedoms, in accordance with Article 6 TEU.

               (38)

               When implementing this Directive, Member States are encouraged to take into account the rights and principles enshrined in the 1979 United Nations Convention on the elimination of all forms of discrimination against women.

               (39)

               Since the objective of this Directive, namely to protect persons who are in danger, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

               (40)

               In accordance with Article 3 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified its wish to take part in the adoption and application of this Directive.

               (41)

               In accordance with Articles 1 and 2 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Directive and is not bound by it or subject to its application.

               (42)

               In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Objective
   This Directive sets out rules allowing a judicial or equivalent authority in a Member State, in which a protection measure has been adopted with a view to protecting a person against a criminal act by another person which may endanger his life, physical or psychological integrity, dignity, personal liberty or sexual integrity, to issue a European protection order enabling a competent authority in another Member State to continue the protection of the person in the territory of that other Member State, following criminal conduct, or alleged criminal conduct, in accordance with the national law of the issuing State.
   Article 2
   Definitions
   For the purposes of this Directive the following definitions shall apply:

               (1)

               ‘European protection order’ means a decision, taken by a judicial or equivalent authority of a Member State in relation to a protection measure, on the basis of which a judicial or equivalent authority of another Member State takes any appropriate measure or measures under its own national law with a view to continuing the protection of the protected person;

               (2)

               ‘protection measure’ means a decision in criminal matters adopted in the issuing State in accordance with its national law and procedures by which one or more of the prohibitions or restrictions referred to in Article 5 are imposed on a person causing danger in order to protect a protected person against a criminal act which may endanger his life, physical or psychological integrity, dignity, personal liberty or sexual integrity;

               (3)

               ‘protected person’ means a natural person who is the object of the protection resulting from a protection measure adopted by the issuing State;

               (4)

               ‘person causing danger’ means the natural person on whom one or more of the prohibitions or restrictions referred to in Article 5 have been imposed;

               (5)

               ‘issuing State’ means the Member State in which a protection measure has been adopted that constitutes the basis for issuing a European protection order;

               (6)

               ‘executing State’ means the Member State to which a European protection order has been forwarded with a view to its recognition;

               (7)

               ‘State of supervision’ means the Member State to which a judgment within the meaning of Article 2 of Framework Decision 2008/947/JHA, or a decision on supervision measures within the meaning of Article 4 of Framework Decision 2009/829/JHA, has been transferred.

         Article 3
   Designation of competent authorities
   1.   Each Member State shall inform the Commission which judicial or equivalent authority or authorities are competent under its national law to issue a European protection order and to recognise such an order, in accordance with this Directive, when that Member State is the issuing State or the executing State.
   2.   The Commission shall make the information received available to all Member States. Member States shall inform the Commission of any change to the information referred to in paragraph 1.
   Article 4
   Recourse to a central authority
   1.   Each Member State may designate a central authority or, where its legal system so provides, more than one central authority, to assist its competent authorities.
   2.   A Member State may, if it is necessary as a result of the organisation of its internal judicial system, make its central authority or authorities responsible for the administrative transmission and reception of any European protection order, as well as for all other official correspondence relating thereto. As a consequence, all communications, consultations, exchanges of information, enquiries and notifications between competent authorities may be dealt with, where appropriate, with the assistance of the designated central authority or authorities of the Member State concerned.
   3.   Member States wishing to make use of the possibilities referred to in this Article shall communicate to the Commission information relating to the designated central authority or authorities. These indications shall be binding upon all the authorities of the issuing State.
   Article 5
   Need for an existing protection measure under national law
   A European protection order may only be issued when a protection measure has been previously adopted in the issuing State, imposing on the person causing danger one or more of the following prohibitions or restrictions:

               (a)

               a prohibition from entering certain localities, places or defined areas where the protected person resides or visits;

               (b)

               a prohibition or regulation of contact, in any form, with the protected person, including by phone, electronic or ordinary mail, fax or any other means; or

               (c)

               a prohibition or regulation on approaching the protected person closer than a prescribed distance.

         Article 6
   Issuing of a European protection order
   1.   A European protection order may be issued when the protected person decides to reside or already resides in another Member State, or when the protected person decides to stay or already stays in another Member State. When deciding upon the issuing of a European protection order, the competent authority in the issuing State shall take into account, inter alia, the length of the period or periods that the protected person intends to stay in the executing State and the seriousness of the need for protection.
   2.   A judicial or equivalent authority of the issuing State may issue a European protection order only at the request of the protected person and after verifying that the protection measure meets the requirements set out in Article 5.
   3.   The protected person may submit a request for the issuing of a European protection order either to the competent authority of the issuing State or to the competent authority of the executing State. If such a request is submitted in the executing State, its competent authority shall transfer this request as soon as possible to the competent authority of the issuing State.
   4.   Before issuing a European protection order, the person causing danger shall be given the right to be heard and the right to challenge the protection measure, if that person has not been granted these rights in the procedure leading to the adoption of the protection measure.
   5.   When a competent authority adopts a protection measure containing one or more of the prohibitions or restrictions referred to in Article 5, it shall inform the protected person in an appropriate way, in accordance with the procedures under its national law, about the possibility of requesting a European protection order in the case that that person decides to leave for another Member State, as well as of the basic conditions for such a request. The authority shall advise the protected person to submit an application before leaving the territory of the issuing State.
   6.   If the protected person has a guardian or representative, that guardian or representative may introduce the request referred to in paragraphs 2 and 3, on behalf of the protected person.
   7.   If the request to issue a European protection order is rejected, the competent authority of the issuing State shall inform the protected person of any applicable legal remedies that are available, under its national law, against such a decision.
   Article 7
   Form and content of the European protection order
   The European protection order shall be issued in accordance with the form set out in Annex I to this Directive. It shall, in particular, contain the following information:

               (a)

               the identity and nationality of the protected person, as well as the identity and nationality of the guardian or representative if the protected person is a minor or is legally incapacitated;

               (b)

               the date from which the protected person intends to reside or stay in the executing State, and the period or periods of stay, if known;

               (c)

               the name, address, telephone and fax numbers and e-mail address of the competent authority of the issuing State;

               (d)

               identification (for example, through a number and date) of the legal act containing the protection measure on the basis of which the European protection order is issued;

               (e)

               a summary of the facts and circumstances which have led to the adoption of the protection measure in the issuing State;

               (f)

               the prohibitions or restrictions imposed, in the protection measure underlying the European protection order, on the person causing danger, their duration and the indication of the penalty, if any, in the event of the breach of any of the prohibitions or restrictions;

               (g)

               the use of a technical device, if any, that has been provided to the protected person or to the person causing danger as a means of enforcing the protection measure;

               (h)

               the identity and nationality of the person causing danger, as well as that person’s contact details;

               (i)

               where such information is known by the competent authority of the issuing State without requiring further inquiry, whether the protected person and/or the person causing danger has been granted free legal aid in the issuing State;

               (j)

               a description, where appropriate, of other circumstances that could have an influence on the assessment of the danger that confronts the protected person;

               (k)

               an express indication, where applicable, that a judgment within the meaning of Article 2 of Framework Decision 2008/947/JHA, or a decision on supervision measures within the meaning of Article 4 of Framework Decision 2009/829/JHA, has already been transferred to the State of supervision, when this is different from the State of execution of the European protection order, and the identification of the competent authority of that State for the enforcement of such a judgment or decision.

         Article 8
   Transmission procedure
   1.   Where the competent authority of the issuing State transmits the European protection order to the competent authority of the executing State, it shall do so by any means which leaves a written record so as to allow the competent authority of the executing State to establish its authenticity. All official communication shall also be made directly between those competent authorities.
   2.   If the competent authority of either the executing State or the issuing State is not known to the competent authority of the other State, the latter authority shall make all the relevant enquiries, including via the contact points of the European Judicial Network referred to in Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network (9), the National Member of Eurojust or the National System for the coordination of Eurojust of its State, in order to obtain the necessary information.
   3.   When an authority of the executing State which receives a European protection order has no competence to recognise it, that authority shall, ex officio, forward the European protection order to the competent authority and shall, without delay, inform the competent authority of the issuing State accordingly by any means which leaves a written record.
   Article 9
   Measures in the executing State
   1.   Upon receipt of a European protection order transmitted in accordance with Article 8, the competent authority of the executing State shall, without undue delay, recognise that order and take a decision adopting any measure that would be available under its national law in a similar case in order to ensure the protection of the protected person, unless it decides to invoke one of the grounds for non-recognition referred to in Article 10. The executing State may apply, in accordance with its national law, criminal, administrative or civil measures.
   2.   The measure adopted by the competent authority of the executing State in accordance with paragraph 1, as well as any other measure taken on the basis of a subsequent decision as referred to in Article 11, shall, to the highest degree possible, correspond to the protection measure adopted in the issuing State.
   3.   The competent authority of the executing State shall inform the person causing danger, the competent authority of the issuing State and the protected person of any measures adopted in accordance with paragraph 1, as well as of the possible legal consequence of a breach of such measure provided for under national law and in accordance with Article 11(2). The address or other contact details of the protected person shall not be disclosed to the person causing danger unless such details are necessary in view of the enforcement of the measure adopted in accordance with paragraph 1.
   4.   If the competent authority in the executing State considers that the information transmitted with the European protection order in accordance with Article 7 is incomplete, it shall without delay inform the competent authority of the issuing State by any means which leaves a written record, assigning a reasonable period for it to provide the missing information.
   Article 10
   Grounds for non-recognition of a European protection order
   1.   The competent authority of the executing State may refuse to recognise a European protection order in the following circumstances:

               (a)

               the European protection order is not complete or has not been completed within the time limit set by the competent authority of the executing State;

               (b)

               the requirements set out in Article 5 have not been met;

               (c)

               the protection measure relates to an act that does not constitute a criminal offence under the law of the executing State;

               (d)

               the protection derives from the execution of a penalty or measure that, according to the law of the executing State, is covered by an amnesty and relates to an act or conduct which falls within its competence according to that law;

               (e)

               there is immunity conferred under the law of the executing State on the person causing danger, which makes it impossible to adopt measures on the basis of a European protection order;

               (f)

               criminal prosecution, against the person causing danger, for the act or the conduct in relation to which the protection measure has been adopted is statute-barred under the law of the executing State, when the act or the conduct falls within its competence under its national law;

               (g)

               recognition of the European protection order would contravene the ne bis in idem principle;

               (h)

               under the law of the executing State, the person causing danger cannot, because of that person’s age, be held criminally responsible for the act or the conduct in relation to which the protection measure has been adopted;

               (i)

               the protection measure relates to a criminal offence which, under the law of the executing State, is regarded as having been committed, wholly or for a major or essential part, within its territory.

         2.   Where the competent authority of the executing State refuses to recognise a European protection order in application of one of the grounds referred to in paragraph 1, it shall:

               (a)

               without undue delay, inform the issuing State and the protected person of this refusal and of the grounds relating thereto;

               (b)

               where appropriate, inform the protected person about the possibility of requesting the adoption of a protection measure in accordance with its national law;

               (c)

               inform the protected person of any applicable legal remedies that are available under its national law against such a decision.

         Article 11
   Governing law and competence in the executing State
   1.   The executing State shall be competent to adopt and to enforce measures in that State following the recognition of a European protection order. The law of the executing State shall apply to the adoption and enforcement of the decision provided for in Article 9(1), including rules on legal remedies against decisions adopted in the executing State relating to the European protection order.
   2.   In the event of a breach of one or more of the measures taken by the executing State following the recognition of a European protection order, the competent authority of the executing State shall, in accordance with paragraph 1, be competent to:

               (a)

               impose criminal penalties and take any other measure as a consequence of the breach, if that breach amounts to a criminal offence under the law of the executing State;

               (b)

               take any non-criminal decisions related to the breach;

               (c)

               take any urgent and provisional measure in order to put an end to the breach, pending, where appropriate, a subsequent decision by the issuing State.

         3.   If there is no available measure at national level in a similar case that could be taken in the executing State, the competent authority of the executing State shall report to the competent authority of the issuing State any breach of the protection measure described in the European protection order of which it is aware.
   Article 12
   Notification in the event of breach
   The competent authority of the executing State shall notify the competent authority of the issuing State or of the State of supervision of any breach of the measure or measures taken on the basis of the European protection order. Notice shall be given using the standard form set out in Annex II.
   Article 13
   Competence in the issuing State
   1.   The competent authority of the issuing State shall have exclusive competence to take decisions relating to:

               (a)

               the renewal, review, modification, revocation and withdrawal of the protection measure and, consequently, of the European protection order;

               (b)

               the imposition of a custodial measure as a consequence of revocation of the protection measure, provided that the protection measure has been applied on the basis of a judgment within the meaning of Article 2 of Framework Decision 2008/947/JHA, or on the basis of a decision on supervision measures within the meaning of Article 4 of Framework Decision 2009/829/JHA;

         2.   The law of the issuing State shall apply to decisions adopted in accordance with paragraph 1.
   3.   Where a judgment within the meaning of Article 2 of Framework Decision 2008/947/JHA, or a decision on supervision measures within the meaning of Article 4 of Framework Decision 2009/829/JHA, has already been transferred, or is transferred after the issuing of the European protection order, to another Member State, subsequent decisions, as provided for by those Framework Decisions, shall be taken in accordance with the relevant provisions of those Framework Decisions.
   4.   When the protection measure is contained in a judgment within the meaning of Article 2 of Framework Decision 2008/947/JHA which has been transferred or is transferred after the issuing of the European protection order to another Member State, and the competent authority of the State of supervision has made subsequent decisions affecting the obligations or instructions contained in the protection measure in accordance with Article 14 of that Framework Decision, the competent authority of the issuing State shall renew, review, modify, revoke or withdraw without delay the European protection order accordingly.
   5.   The competent authority of the issuing State shall inform the competent authority of the executing State without delay of any decision taken in accordance with paragraph 1 or 4.
   6.   If the competent authority in the issuing State has revoked or withdrawn the European protection order in accordance with point (a) of paragraph 1 or with paragraph 4, the competent authority in the executing State shall discontinue the measures adopted in accordance with Article 9(1) as soon as it has been duly notified by the competent authority of the issuing State.
   7.   If the competent authority in the issuing State has modified the European protection order in accordance with point (a) of paragraph 1 or with paragraph 4, the competent authority in the executing State shall, as appropriate:

               (a)

               modify the measures adopted on the basis of the European protection order, acting in accordance with Article 9; or

               (b)

               refuse to enforce the modified prohibition or restriction when it does not fall within the types of prohibitions or restrictions referred to in Article 5, or if the information transmitted with the European protection order in accordance with Article 7 is incomplete or has not been completed within the time limit set by the competent authority of the executing State in accordance with Article 9(4).

         Article 14
   Grounds for discontinuation of measures taken on the basis of a European protection order
   1.   The competent authority of the executing State may discontinue the measures taken in execution of a European protection order:

               (a)

               where there is clear indication that the protected person does not reside or stay in the territory of the executing State, or has definitively left that territory;

               (b)

               where, according to its national law, the maximum term of duration of the measures adopted in execution of the European protection order has expired;

               (c)

               in the case referred to in Article 13(7)(b); or

               (d)

               where a judgment within the meaning of Article 2 of Framework Decision 2008/947/JHA, or a decision on supervision measures within the meaning of Article 4 of Framework Decision 2009/829/JHA, is transferred to the executing State after the recognition of the European protection order.

         2.   The competent authority of the executing State shall immediately inform the competent authority of the issuing State and, where possible, the protected person of such decision.
   3.   Before discontinuing measures in accordance with point (b) of paragraph 1 the competent authority of the executing State may invite the competent authority of the issuing State to provide information as to whether the protection provided for by the European protection order is still needed in the circumstances of the case in question. The competent authority of the issuing State shall, without delay, reply to such an invitation.
   Article 15
   Priority in recognition of a European protection order
   A European protection order shall be recognised with the same priority which would be applicable in a similar national case, taking into consideration any specific circumstances of the case, including the urgency of the matter, the date foreseen for the arrival of the protected person on the territory of the executing State and, where possible, the degree of risk for the protected person.
   Article 16
   Consultations between competent authorities
   Where appropriate, the competent authorities of the issuing State and of the executing State may consult each other in order to facilitate the smooth and efficient application of this Directive.
   Article 17
   Languages
   1.   A European protection order shall be translated by the competent authority of the issuing State into the official language or one of the official languages of the executing State.
   2.   The form referred to in Article 12 shall be translated by the competent authority of the executing State into the official language or one of the official languages of the issuing State.
   3.   Any Member State may, either when this Directive is adopted or at a later date, state in a declaration that it shall deposit with the Commission that it will accept a translation in one or more other official languages of the Union.
   Article 18
   Costs
   Costs resulting from the application of this Directive shall be borne by the executing State, in accordance with its national law, except for costs arising exclusively within the territory of the issuing State.
   Article 19
   Relationship with other agreements and arrangements
   1.   Member States may continue to apply bilateral or multilateral agreements or arrangements which are in force upon the entry into force of this Directive, in so far as they allow the objectives of this Directive to be extended or enlarged and help to simplify or facilitate further the procedures for taking protection measures.
   2.   Member States may conclude bilateral or multilateral agreements or arrangements after the entry into force of this Directive, in so far as they allow the objectives of this Directive to be extended or enlarged and help to simplify or facilitate the procedures for taking protection measures.
   3.   By 11 April 2012, Member States shall notify the Commission of the existing agreements and arrangements referred to in paragraph 1 which they wish to continue applying. Member States shall also notify the Commission of any new agreements or arrangements referred to in paragraph 2 within three months of the signing thereof.
   Article 20
   Relationship with other instruments
   1.   This Directive shall not affect the application of Regulation (EC) No 44/2001, Regulation (EC) No 2201/2003, the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, or the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
   2.   This Directive shall not affect the application of Framework Decision 2008/947/JHA or Framework Decision 2009/829/JHA.
   Article 21
   Implementation
   1.   Member States shall bring into force the laws, regulations and administrative provisions to comply with this Directive by 11 January 2015. They shall forthwith inform the Commission thereof.
   When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
   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 22
   Data collection
   Member States shall, in order to facilitate the evaluation of the application of this Directive, communicate to the Commission relevant data related to the application of national procedures on the European protection order, at least on the number of European protection orders requested, issued and/or recognised.
   Article 23
   Review
   By 11 January 2016, the Commission shall submit a report to the European Parliament and to the Council on the application of this Directive. That report shall be accompanied, if necessary, by legislative proposals.
   Article 24
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 25
   Addressees
   This Directive is addressed to the Member States in accordance with the Treaties.

      Done at Strasbourg, 13 December 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         M. SZPUNAR

      (1)  Position of the European Parliament of 14 December 2010 (not yet published in the Official Journal) and position of the Council at first reading of 24 November 2011 (not yet published in the Official Journal). Position of the European Parliament of 13 December 2011 (not yet published in the Official Journal).

      (2)  OJ C 115, 4.5.2010, p. 1.

      (3)  OJ L 337, 16.12.2008, p. 102.

      (4)  OJ L 294, 11.11.2009, p. 20.

      (5)  OJ L 12, 16.1.2001, p. 1.

      (6)  OJ L 338, 23.12.2003, p. 1.

      (7)  OJ L 48, 21.2.2003, p. 3.

      (8)  OJ L 350, 30.12.2008, p. 60.

      (9)  OJ L 348, 24.12.2008, p. 130.

      ANNEX I

         EUROPEAN PROTECTION ORDER

      referred to in Article 7 of

         DIRECTIVE 2011/99/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 13 DECEMBER 2011 ON THE EUROPEAN PROTECTION ORDER

         The information contained in this form is to be treated with appropriate confidentiality

      ANNEX II

         FORM

      referred to in Article 12 of

         DIRECTIVE 2011/99/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 13 DECEMBER 2011 ON THE EUROPEAN PROTECTION ORDER

         NOTIFICATION OF A BREACH OF THE MEASURE TAKEN ON THE BASIS OF THE EUROPEAN PROTECTION ORDER

         The information contained in this form is to be treated with appropriate confidentiality