Avis juridique important

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31990L0476

Council Directive 90/476/EEC of 17 September 1990 on interim measures applicable after the unification of Germany in anticipation of the adoption of transitional measures by the Council in cooperation with the European Parliament

Official Journal L 266 , 28/09/1990 P. 0001 - 0019 Finnish special edition: Chapter 5 Volume 5 P. 0003  Swedish special edition: Chapter 5 Volume 5 P. 0003

COUNCIL DIRECTIVE of 17 September 1990 on interim measures applicable after the unification of Germany in anticipation of the adoption of transitional measures by the Council in cooperation with the European Parliament (90/476/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57, 66, 100a and 118a thereof,Having regard to the proposal from the Commission,In cooperation with the European Parliament (1),Whereas the Economic and Social Committee, having been consulted on the Commission proposal, has failed to issue its opinion within the time limit set by the Council in accordance with Article 198 of the Treaty; whereas it is necessary to proceed, notwithstanding the absence of an opinion from that Committee;Whereas, from the date of German unification onwards, Community law will be fully applicable to the territory of the former German Democratic Republic;Whereas, to take account of the special situation obtaining in that territory, provision must be made for transitional measures for the implementation of a number of Community acts;Whereas, in its communication of 21 August 1990, the Commission submitted a number of proposals for Directives to be adopted by the Council in cooperation with the European Parliament, which must be closely associated at all times in the decision-making process envisaged during thephase prior to the definitive entry into force of the interim measures;Whereas the Council will not be able to adopt those acts before the date of unification; whereas, taking account of the exceptional nature of the situation, interim measures must be introduced;Whereas no such interim measures should pre-empt modifications to the proposals for Directives during their consideration and final adoption,HAD ADOPTED THIS DIRECTIVE:Article 1As the Council was unable to act before the date of German unification on the transitional measures for the application to the territory of the former German Democratic Republic of Community Directives as provided for in the Commission proposals submitted to the Council by the communication of 21 August 1990 and as set out in the Annex to this Directive, interim measures shall apply by way of derogation from the Directives covered by those proposals, subject to the limits and conditions laid down in this Directive.Article 21.  The Commission may authorize the Federal Republic of Germany to maintain provisionally in force, legislation applicable in the territory of the former German Democratic Republic which does not comply with a Community act as referred to in Article 1.Such legislation maintained in force must not go beyond the limits of the Commission proposals in the Annex.2.  This authorization, which is the result of exceptional circumstances and may not be subsequently cited as a precedent, shall remain in force until the date on which the Council takes a final decision on the Commission proposals referred to in Article 1 or, where appropriate, until the date on which the transitional measure in question enters into force and no later than 31 December 1990.After this time limit, should the Council have failed to adopt the requisite transitional measures, Community law shall apply in full.3.  The Federal Republic of Germany shall notify the Commission forthwith of any use made of this authorization. The Commission shall in turn forthwith notify the European Parliament, the Council and the Economic and Social Committee.The European Parliament may invite the Commission to give further information on the scope of this authorization, so that it can give its views either on the specific use made of itor any related measures that may need to be taken at Community level.Article 31.  The Commission and the Federal Republic of Germany shall consult each other on the measures to be taken to ensure that no difficulties arise from the fact that legislation maintained in force under this Directive does not comply with Community law.The Commission shall forthwith inform the European Parliament and the Council of the outcome of such consultations.2.  Any Member State may refer any difficulties to the Commission. The Commission shall, as a matter of urgency, examine the question and submit its conclusions, possibly accompanied by appropriate measures.3.  Measures to be taken at Community level on the basis of paragraphs 1 and 2 may not go beyond the limits of the Commission proposals listed in the Annex. They shall be adopted in accordance with the procedure laid down in Article 4.Article 41.  The measures provided for in Article 3 and any other necessary implementing arrangements shall be adopted in accordance with the following procedure.The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt ona proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.The Commission shall adopt measures which shall be immediately applicable. However, if they are not in accordance with the opinion of the committee, the Commission shall forthwith communicate the measures to the Council.In that event, the Commission may delay application of the measures it has decided by up to one month from the date of such communication.The Council, acting by a qualified majority, may take a different decision within the period laid down in the preceding subparagraph.2.  The measures provided for in paragraph 1 may not be decided after the date referred to in Article 2 (2). They shall not apply beyond that date.Article 5The Commission shall present to the European Parliament and to the Council, before the European Parliamentstates its views on the transitional measures, a further communication:- listing the legislative and administrative measures already taken in respect of the territory of the former German Democratic Republic by the Community and by the competent German authorities:(a)  to verify and enforce the application of Community law; and(b)to assure the full receipt of the Community's own resources and the proper management of Community expenditure,- describing the further legislative and administrative measures which it considers necessary to achieve the above objectives, and- proposing, where appropriate, the texts of further legislative measures where they are Community measures.Article 61.  The measures provided for in Articles 2 (1), 3 (2) and4 (1) may be taken from the date of notification of this Directive (1).2.  Measures adopted pursuant to Articles 2 (1), 3 (2) and 4 (1) shall be published immediately in the Official Journal of the European Communities.Article 7This Directive is addressed to the Member States.Done at Brussels, 17 September 1990.For the CouncilThe PresidentG. DE MICHELIS(1) Opinion delivered on 11 September 1990 (not yet published in the Official Journal) and Decision of 13 September 1990 (not yet published in the Official Journal).(1) This Directive was notified to the Member States on 20 September 1990.ANNEX Proposal for a COUNCIL DIRECTIVE of . . . on transitional measures applicable in Germany in the context of the harmonization of technical rules THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,Having regard to the proposal from the Commission (;),In cooperation with the European Parliament ($),Having regard to the opinion of the Economic and Social Committee (=),Whereas the European Community has adopted, with regard to the placing on the market and utilization of products, a set of rules which are binding on all the Member States and on all economic operators;Whereas from the date of German unification Community law will be automatically applicable in the territory of the former German Democratic Republic; whereas such application may give rise to difficulties owing to the level of development of the local economy;Whereas Article 8c of the Treaty calls on the Commission to take into account the extent of the effort that certain economies showing differences in development will have to sustain during the period of establishment of the internal market;Whereas such derogations must be temporary and must cause the least possible disturbance to the functioning of the common market;Whereas the information available on the situation regarding the rules and regulations in force and regarding industry in the territory of the former German Democratic Republic is such that it is not possible to establish definitively the extent of the derogations; whereas, so that account can be taken of developments in that situation, a simplified procedure must be set up in accordance with the third indent of Article 145 of the Treaty for the purpose of adopting and administering the derogations,HAS ADOPTED THIS DIRECTIVE:Article 11.  By way of derogation from the Directives listed in Annexes A and B, Germany is authorized to maintain in(;) OJ N° C . . .($) OJ N° C . . .(=) OJ N° C . . .force in the territory of the former German Democratic Republic the existing rules and regulations in respect of products which have been or which are manufactured there, on condition that this does not affect the placing on the market and the free movement in that territory of products complying with Community Directives.2.  This authorization shall be applicable to the Community Directives listed in Annex A until 31 December 1992; in the case of the Directives listed in Annex B, it shall apply under the conditions laid down in that Annex.3.  The German authorities may extend the derogations provided for in paragraphs 1 and 2 to include products originating in and coming from third countries within the limits of traditional trade patterns.Article 2Germany shall take all measures necessary to ensure that products not complying with the Community Directives referred to in Article 1 are not placed on the market in the territory of the Community other than the territory of the former German Democratic Republic; such measures shall be compatible with the Treaty, and in particular with the objectives of Article 8a, and shall not give rise to any controls or formalities at frontiers between Member States.Article 31.  The rules and regulations whose maintenance in force is authorized under Article 1 and the control measures taken pursuant to Article 2 shall be notified to the Commission not later than on the date of German unification.2.  Germany shall report on the application of the measures taken pursuant to this Directive on 31 December 1991 and 31 December 1992, and, as regards the application of the measures taken pursuant to Article 1, in conjunction with Annex B, on 31 December 1995. The report shall be transmitted to the Community, which shall communicate it to the other Member States.Article 41.  A decision may be made in accordance with the procedure laid down in Article 5 to take measures involving additions and amendments to the measures taken pursuant to this Directive.2.  Such additions and amendments shall be designed to ensure the consistent application of the Community legislation in the sector covered by the present Directive in the territory of the former German Democratic Republic, taken into account the specific situation obtaining in that territory and the particular difficulties attending implementation of this legislation.They shall respect the principles underlying this legislation.3.  The measures referred to in paragraph 1 may be taken until 31 December 1991. They shall cease to be operative on that date.Article 5For the purposes of Article 4, the Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of the Member States wihthin the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.If, on the expiry of a period of one month from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.Article 6This Directive is addressed to the Member States.Done at Brussels, . . .For the CouncilThe PresidentCouncil Directive Date of adoption:OJ NoANNEX A1. FOODSTUFFS1. Council Directive Colouring mattersDate of adoption:23. 10. 1962OJ No115, 11. 11. 1962, p. 2645/62Council Directive65/469/EEC  First amendment of the Directive of 23. 10. 1962Date of adoption:25. 10. 1965OJ No178, 26. 10. 1965, p. 2793/65Council Directive81/20/EEC  Seventh amendment of the Directive of 23. 10. 1962Date of adoption:20. 1. 1981OJ NoL 43, 14. 2. 1981, p. 112. Council Directive64/54/EEC  PreservativesDate of adoption:5. 11. 1963OJ No12, 27. 1. 1964, p. 161/64Council Directive71/160/EEC  Amendment of Directive 64/54/EECDate of adoption:30. 3. 1971OJ NoL 87, 17. 4. 1971, p. 12Council Directive14/62/EEC  Ninth amendment of Directive 64/54/EECDate of adoption:17. 12. 1973OJ NoL 38, 11. 2. 1974, p. 29Council Directive74/394/EEC  Tenth amendment of Directive 64/54/EECDate of adoption:22. 7. 1974OJ NoL 208, 30. 7. 1974, p. 25Council Directive76/462/EEC  Eleventh amendment of Directive 64/54/EECDate of adoption:4. 5. 1976OJ NoL 126, 14. 5. 1976, p. 313. Council Directive65/66/EEC  Preservatives - criteria of purityDate of adoption:26. 1. 1965OJ No2, 9. 2. 1965, p. 373/65Council Directive67/66/EEC  Amendment of Directive 65/66/EECDate of adoption:27. 6. 1967OJ NoL 148, 11. 7. 1967, p. 10Council Directive76/463/EEC  Second amendment of Directive 65/66/EECDate of adoption:4. 5. 1976OJ NoL 126, 14. 5. 1976, p. 33Council Directive86/604/EEC  Amendment of Directive 65/66/EECDate of adoption:8. 12. 1986OJ NoL 352, 13. 12. 1986, p. 45Council Directive67/427/EEC  Use of certain preservatives for the surface treatment of citrus fruit and the control measures to be used for the qualitative and quantitative analysis of preservatives in and on citrus fruitDate of adoption:27. 6. 1967OJ NoL 148, 11. 7. 1967, p. 14. Council Directive70/357/EEC  AntioxidantsDate of adoption:13. 7. 1970OJ NoL 157, 18. 7. 1970, p. 315. Council Directive78/664/EEC  Antioxidants - criteria of purityDate of adoption:25. 7. 1978OJ NoL 223, 14. 8. 1978, p. 30Council Directive82/712/EEC  Amendment of Directive 78/664/EECDate of adoption:18. 10. 1982OJ NoL 297, 23. 10. 1982, p. 316. Council Directive73/241/EEC  Cocoa and chocolate productsDate of adoption:24. 7. 1973OJ NoL 228, 16. 8. 1973, p. 23Council Directive75/155/EEC  Third amendment of Directive 73/241/EECDate of adoption:4. 3. 1975OJ NoL 64, 11. 3. 1975, p. 21Council Directive76/628/EEC  Fourth amendment of Directive 73/241/EECDate of adoption:20. 7. 1976OJ NoL 223, 16. 8. 1976, p. 1Council Directive78/609/EEC  Fifth amendment of Directive 73/241/EECDate of adoption:29. 6. 1978OJ NoL 197, 22. 7. 1978, p. 10Council Directive80/608/EEC  Seventh amendment of Directive 31/241/EECDate of adoption:30. 6. 1980OJ NoL 170, 3. 7. 1980, p. 33Council Directive89/344/EEC  Amendment of Directive 73/241/EECDate of adoption:3. 5. 1989OJ NoL 142, 25. 5. 1989, p. 197. Council Directive74/329/EEC  Emulsifiers, stabilizers, thickeners and gelling agentsDate of adoption:29. 6. 1978OJ NoL 197, 22. 7. 1978, p. 22Council Directive78/612/EEC  First amendment of Directive 74/329/EECDate of adoption:29. 6. 1978OJ NoL 197, 22. 7. 1978, p. 22Council Directive80/597/EEC  Second amendment of Directive 74/329/EECDate of adoption:29. 5. 1980OJ NoL 155, 23. 6. 1980, p. 23Council Directive86/102/EEC  Fourth amendment of Directive 74/329/EECDate of adoption:24. 3. 1986OJ NoL 88, 3. 4. 1986, p. 408. Council Directive78/663/EEC  Emulsifiers, stabilizers, thickeners and gelling agents - criteria of purityDate of adoption:25. 7. 1978OJ NoL 223, 14. 8. 1978, p. 7Council Directive82/504/EEC  Amendment of Directive 78/663/EECDate of adoption:12. 7. 1982OJ NoL 230, 5. 8. 1982, p. 359. Council Directive77/436/EEC  Coffee extracts and chicory extractsDate of adoption:27. 6. 1977OJ NoL 172, 12. 7. 1977, p. 20Council Directive85/573/EEC  Amendment of Directive 77/436/EECDate of adoption:19. 12. 1985OJ NoL 372, 31. 12. 1985, p. 2210. Council Directive78/142/EEC  Materials and articles which contain vinyl chloride monomerDate of adoption:30. 1. 1978OJ NoL 44, 15. 2. 1978, p. 1511. Council Directive79/112/EEC  Labelling and presentationDate of adoption:18. 12. 1978OJ NoL 33, 8. 2. 1978, p. 1Council Directive86/197/EEC  Amendment of Directive 79/112/EECDate of adoption:26. 5. 1986OJ NoL 144, 29. 5. 1986, p. 38Council Directive89/395/EEC  Amendment of Directive 79/112/EECDate of adoption:14. 6. 1989OJ NoL 186, 30. 6. 1980, p. 1712. Council Directive80/777/EEC  Mineral watersDate of adoption:15. 7. 1980OJ NoL 229, 30. 8. 1980, p. 113. Council Directive89/107/EEC  AdditivesDate of adoption:21. 12. 1988OJ NoL 40, 11. 2. 1989, p. 2714. Council Directive82/711/EEC  Migration of the constituents of plastic materials and articlesDate of adoption:18. 10. 1982OJ NoL 297, 23. 10. 1982, p. 26Council Directive85/572/EEC  List of stimulants to be used for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffsDate of adoption:19. 12. 1985OJ NoL 85, 31. 12. 1985, p. 37215. Council Directive83/417/EEC  Lactoproteins - caseins and caseinatesDate of adoption:25. 7. 1983OJ NoL 237, 26. 8. 1983, p. 2516. Council Directive84/500/EEC  Ceramic articlesDate of adoption:15. 10. 1984OJ NoL 277, 20. 10. 1984, p. 1217. Council Directive85/591/EEC  Methods of sampling and analysisDate of adoption:20. 12. 1985OJ NoL 372, 31. 12. 1985, p. 5018. Council Directive83/229/EEC  Materials and articles made of regenerated cellulose filmDate of adoption:25. 4. 1983OJ NoL 123, 14. 8. 1986, p. 31Council Directive86/388/EEC  Amendment of Directive 83/229/EECDate of adoption:23. 7. 1986OJ NoL 228, 14. 8. 1986, p. 3219. Council Directive88/344/EEC  Extraction solventsDate of adoption:13. 6. 1988OJ NoL 157, 24. 6. 1988, p. 2820. Council Directive88/388/EEC  FlavouringsDate of adoption:22. 6. 1988OJ NoL 184, 15. 7. 1988, p. 6121. Council Directive89/108/EEC  Quick-frozen foodstuffsDate of adoption:21. 12. 1988OJ NoL 40, 11. 2. 1989, p. 3422. Council Directive89/396/EEC  Indications or marks identifying the lot to which a foodstuff belongsDate of adoption:14. 6. 1989OJ NoL 186, 30. 6. 1989, p. 2123. Council Directive89/398/EEC  Foodstuffs intended for particular nutritional usesDate of adoption:3. 5. 1989OJ NoL 186, 30. 6. 1989, p. 212. CHEMICAL SUBSTANCES AND PREPARATIONS1. Council Directive73/173/EEC  (superseded from 7. 6. 1991 by 88/379/EEC)Classification, packaging and labelling of dangerous substances (solvents)Date of adoption:4. 6. 1973OJ NoL 189, 11. 7. 1973, p. 7Council Directive80/781/EEC  (superseded from 7. 6. 1991 by 88/379/EEC)Amendment of Directive 73/173/EECDate of adoption:22. 7. 1980OJ NoL 229, 30. 8. 1980, p. 57Council Directive82/473/EEC  (superseded from 7. 6. 1991 by 88/379/EEC)Adaptation to technical progress of Directive 73/173/EECDate of adoption:10. 6. 1982OJ NoL 213, 21. 7. 1982, p. 172. Council Directive73/404/EEC  DetergentsDate of adoption:22. 11. 1973OJ NoL 347, 17. 12. 1973, p. 51Council Directive82/242/EEC  First amendment of Directive 73/404/EEC relating to methods of testing the biodegradability of non-ionic surfactantsDate of adoption:31. 3. 1982OJ NoL 109, 22. 4. 1982, p. 1Council Directive Date of adoption:OJ NoCouncil Directive86/94/EEC  Second amendment of Directive 73/404/EECDate of adoption:10. 3. 1986OJ NoL 80, 25. 3. 1986, p. 513. Council Directive73/405/EEC  Methods of testing the biodegradability of anionic surfactantsDate of adoption:22. 11. 1973OJ NoL 347, 17. 12. 1973, p. 53Council Directive82/243/EEC  Amendment of Directive 73/405/EECDate of adoption:31. 3. 1982OJ NoL 109, 22. 4. 1982, p. 184. Council Directive76/769/EEC  Restrictions on the marketing and use of certain dangerous substances and preparationsDate of adoption:27. 7. 1976OJ NoL 262, 27. 9. 1976, p. 201Council Directive79/663/EEC  Supplement to the first amendment of Directive 76/769/EEC (extension of the list of restrictions)Date of adoption:24. 7. 1979OJ NoL 197, 3. 8. 1979, p. 37Council Directive82/806/EEC  Second amendment (benzene) of Directive 76/769/EECDate of adoption:22. 11. 1982OJ NoL 339, 1. 12. 1982, p. 55Council Directive82/828/EEC  Third amendment (PCT) of Directive 76/769/EECDate of adoption:3. 12. 1982OJ NoL 350, 10. 12. 1982, p. 34Council Directive83/264/EEC  Fourth amendment of Directive 76/769/EECDate of adoption:16. 5. 1983OJ NoL 147, 6. 6. 1983, p. 9Council Directive83/478/EEC  Fifth amendment (asbestos) of Directive 76/769/EECDate of adoption:19. 9. 1983OJ NoL 263, 24. 9. 1983, p. 33Council Directive85/467/EEC  Sixth amendment (PCBS/PCTS) of Directive 76/769/EECDate of adoption:1. 10. 1985OJ NoL 269, 1. 10. 1985, p. 56Council Directive85/610/EEC  Seventh amendment (asbestos) of Directive 76/769/EECDate of adoption:20. 12. 1985OJ NoL 375, 31. 12. 1985, p. 1Council Directive89/677/EEC  Eighth amendment of Directive 81/677/EECDate of adoption:21. 12. 1989OJ NoL 398, 30. 12. 1989, p. 195. Council Directive77/728/EEC  (superseded from 7. 6. 1991 by Directive 88/379/EEC)Classification, packaging and labelling of paints, varnishes, printing inks, adhesives and similar productsDate of adoption:7. 11. 1977OJ NoL 303, 28. 11. 1977, p. 23Council Directive83/265/EEC  (superseded from 7. 6. 1991 by Directive 88/379/EEC)Amendment of Directive 77/728/EECDate of adoption:16. 5. 1983OJ NoL 147, 6. 6. 1983, p. 11Council Directive86/508/EEC  (superseded from 7. 6. 1991 by Directive 88/379/EEC)Second adaptation to technical progress of Directive 77/728/EECDate of adoption:7. 10. 1986OJ NoL 295, 18. 10. 1986, p. 316. Council Directive78/631/EEC  Classification, packaging and labelling of dangerous substances (pesticides)Date of adoption:26. 6. 1978OJ NoL 206, 29. 7. 1978, p. 13Council Directive81/187/EEC  Amendment of Directive 78/631/EECDate of adoption:26. 3. 1981OJ NoL 88, 2. 4. 1981, p. 297. Council Directive88/379/EEC  Approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparationsDate of adoption:7. 6. 1988OJ NoL 187, 16. 7. 1988, p. 143. PHARMACEUTICAL PRODUCTS1. Chapter IV of Council Directive75/319/EEC  Approximation of the provisions laid down by law, regulation, or administrative action relating to proprietary medicinal productsDate of adoption:20. 5. 1975OJ NoL 147, 9. 6. 1975, p. 132. Chapter V of Council Directive81/851/EEC  Approximation of the laws of the Member States relating to veterinary medicinal productsDate of adoption:28. 9. 1981OJ NoL 317, 6. 11. 1981, p. 14. COSMETICS1. Council Directive76/768/EEC  Cosmetic productsDate of adoption:27. 7. 1976OJ NoL 262, 27. 9. 1976Council Directive79/661/EEC  First amendment of Directive 76/768/EECDate of adoption:24. 7. 1979OJ NoL 192, 31. 7. 1979Council Directive82/368/EEC  Second amendment of Directive 76/768/EECDate of adoption:17. 5. 1982OJ NoL 167, 15. 6. 1982Council Directive83/574/EEC  Third amendment of Directive 76/768/EECDate of adoption:26. 10. 1983OJ NoL 332, 28. 11. 1983Council Directive88/667/EEC  Fourth amendment of Directive 76/768/EECDate of adoption:21. 12. 1988OJ NoL 382, 31. 12. 1988Council Directive89/679/EEC  Fifth amendment of Directive 76/768/EECDate of adoption:21. 12. 1989OJ NoL 398, 30. 12. 19895. TELECOMMUNICATIONSCouncil Directive87/372/EEC  Public pan-European cellular digital land-based mobile communications - frequency bandsDate of adoption:25. 6. 1987OJ NoL 196, 17. 7. 19876. MACHINERY AND ELECTRICAL EQUIPMENT1. Council Directive86/295/EEC  Roll-over protective structures (ROPS) for certain construction plantDate of adoption:25. 5. 1986OJ NoL 186, 8. 7. 19862. Council Directive86/296/EEC  Falling-object protective structures (FOPS) for certain construction plantDate of adoption:26. 5. 1986OJ NoL 186, 8. 7. 19863. Council Directive86/663/EEC  Self-propelled industrial trucksDate of adoption:22. 12. 1986OJ NoL 384, 31. 12. 19864. Council Directive82/130/EEC  Electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedampDate of adoption:15. 2. 1982OJ NoL 59, 2. 3. 19827. TEXTILES1. Council Directive71/307/EEC  Textiles namesDate of adoption:26. 7. 1971OJ NoL 185, 16. 8. 1971Council Directive75/36/EEC  First amendment of Directive 71/307/EECDate of adoption:17. 12. 1974OJ NoL 14, 20. 1. 1975Council Directive83/623/EEC  Second amendment of Directive 71/307/EECDate of adoption:25. 11. 1983OJ NoL 353, 15. 12. 19832. Council Directive72/276/EEC  Methods for the quantitative analysis of binary textile fibre mixturesDate of adoption:17. 7. 1972OJ NoL 173, 31. 7. 1972Council Directive81/75/EEC  Amendment of Directive 72/276/EECDate of adoption:17. 2. 1981OJ NoL 57, 4. 3. 19813. Council Directive73/44/EEC  Methods for the quantitative analysis of ternary textile fibre mixturesDate of adoption:26. 2. 1973OJ NoL 83, 30. 3. 19738. PREPACKAGESCouncil Directive75/106/EEC, as last amended by Directive 89/676/EECMaking-up by volume of certain prepackaged liquidsDate of adoption:19. 12. 1974OJ NoL 42, 15. 2. 1975, p. 1and as regards the 0,70 cl packages referred to at points 1 (a) and 2 (a) of Annex III.Date of adoption:21. 12. 1989OJ NoL 398, 30. 12. 1989, p. 189. CRYSTAL GLASSCouncil Directive69/495/EEC  Crystal glassDate of adoption:15. 12. 1969OJ NoL 326, 29. 12. 196910. TOBACCO PRODUCTS1. Council Directive89/622/EEC  Labelling of tobacco productsDate of adoption:13. 11. 1989OJ NoL 357, 8. 12. 19892. Council Directive90/239/EEC  Maximum tar yield of cigarettesDate of adoption:17. 5. 1990OJ NoL 137, 30. 5. 1990ANNEX BCouncil Directive75/319/EEC  Approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal productsDate of adoption:20. 5. 1975OJ NoL 147, 9. 6. 1975, p. 13The provisions of this Directive, other than those of Chapter IV, are being applied progressively to medicinal products placed on the market by virtue of previous provisions, to the effect that all products will have been reviewed by 31 December 1995.Council Directive81/851/EEC  Approximation of the laws of the Member States relating to veterinary medicinal productsDate of adoption:28. 9. 1981OJ NoL 317, 6. 11. 1981The provisions of this Directive, other than those of Chapter V, are being applied progressively to medicinal products placed on the market by virtue of previous provisions, to the effect that all products will have been reviewed by 31 December 1995.Proposal for aCOUNCIL DIRECTIVEof . . .amending certain Directives on the recognition of professional qualifications with a view to the unification of GermanyTHE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57 (1) and (2), first and third sentences, and 66 thereof,Having regard to the proposal from the Commission (;),In cooperation with the European Parliament ($),Having regard to the opinion of the Economic and Social Committee (=),Whereas, by reason of the unification of Germany, certain amendments should be made to Council Directives 75/362/EEC (%), 77/452/EEC (& ), 78/686/EEC ((), 78/1026/EEC ()) and 80/154/EEC ( 7), as last amended by Directive 89/594/EEC (§) concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications as doctors, nurses responsible for general care, dental practitioners, veterinary surgeons and midwives respectively, and to Council Directive 85/433/ECC (;*), as amended by Directive 85/584/EEC (;;), and Council Directive 85/384/EEC (;$), as last amended by Directive 86/17/EEC (;=), concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in the field of pharmacy and architecture respectively and finally to Council Directive 75/363/EEC (;%), as last amended by Directive 89/594/EEC, concerning the coordination of provisions laid down by law, regulation or administrative action relating to the activities of doctors,Whereas from the date of German unification Community law will be fully applicable to the territory of the former German Democratic Republic;;(;) OJ N° C . . .;($) OJ N° C . . .;(=) OJ N° C . . .;(%) OJ N° L 167, 30. 6. 1975, p. 1.;(& ) OJ N° L 176, 15. 7. 1977, p. 1.;(() OJ N° L 233, 24. 8. 1978, p. 1.;()) OJ N° L 362, 23. 12. 1978, p. 1.;( 7) OJ N° L 33, 11. 2. 1980, p. 1.;(§) OJ N° L 341, 23. 11. 1989, p. 19.(;*) OJ N° L 253, 24. 9. 1985, p. 37.(;;) OJ N° L 372, 31. 12. 1985, p. 42.(;$) OJ N° L 223, 21. 8. 1985, p. 15.(;=) OJ N° L 27, 1. 2. 1986, p. 71.(;%) OJ N° L 167, 30. 6. 1975, p. 14.Whereas it is necessary to make changes to the abovementioned Directives to take account of the specific situation in that territory;Whereas, in accordance with the principle of acquired rights, the diplomas, certificates or other evidence of formal qualifications held by German nationals in that territory who are pursuing their professional activities on the basis of training which began before unification and does not conform to Community rules on training should be granted recognition under similar conditions to those applied to other nationals of Member States at the time of the adoption of the Directives or enlargement of the Community;Whereas it is necessary to protect at Community level the rights acquired by the holders of former qualifications which are no longer awarded as a result of changes which have taken place in the rules of the Member States which awarded the qualification to them; whereas such a provision was introduced by Directive 89/594/EEC into most Directives on the mutual recognition of diplomas, certificates and other evidence of formal qualifications; whereas it could also be applied, unamended, to German nationals from the territory of the former German Democratic Republic; whereas a similar provision should also be incorporated into Directive 85/433/EEC relating to the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy;Whereas most of the specific provisions relating to the recognition of diplomas, certificates or other evidence of formal qualifications awarded by the former German Democratic Republic cease to be relevant as a result of German unification; whereas they should be repealed.HAS ADOPTED THIS DIRECTIVE:Article 1In Article 3 of Directive 75/362/EEC, point 3 under heading '(a) in Germany` is hereby deleted.Article 2The following Article 9a is hereby inserted in Directive 75/362/EEC:'Article 9a1.  In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in medicine attest to training received on the territory of the former German Democratic Republic which does not satisfy all the minimum training requirements laid down in Article 1 of Directive 75/363/EEC, Member States other than Germany shall recognize those diplomas, certificates and other evidence of formal qualifications as being sufficient proof if- they attest to training commenced before German unification,- they entitle the holder to pursue the activities of a doctor throughout the territory of Germany under the same conditions as the qualifications awarded by the competent German authorities and referred to in points 1 and 2 of Article 3 (a), and- they are accompanied by a certificate issued by the competent German authorities stating that those nationals have effectively and lawfully been engaged in the activities in question in Germany for at least three consecutive years during the five years prior to the date of issue of the certificate.2.  In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in specialized medicine attest to training received on the territory of the former German Democratic Republic which does not satisfy the minimum training requirements laid down in Articles 2 to 5 of Directive 75/363/EEC, Member States other than Germany shall recognize those diplomas, certificates and other evidence of formal qualifications as being sufficient proof if:- they attest to training commenced before the expiry of the time limit laid down in Article 9 (1), second subparagraph, of Directive 75/363/EEC, and- they permit the pursuit, as a specialist, of the activity in question throughout the territory of Germany under the same conditions as the qualifications awarded by the competent German authorities and reffered to in Articles 5 and 7.They may, however, require that these diplomas, certificates or other evidence of formal qualifications be accompanied by a certificate issued by the competent German authorities or bodies stating that the holders have, as specialists, been engaged in the activity in question for a period equivalent to twice the difference between the period of specialized training received on German territory and the minimum duration of training laid down in Directive 75/363/EEC, where they do not satisfy the minimum requirements regarding the duration of training laid down in Articles 4 and 5 of Directive 75/363/EEC.`Article 3The following second subparagraph is hereby added to Article 9 (1) of Directive 75/363/EEC:'For the territory of the former German Democratic Republic, however, Germany shall take the measures necessary to comply with Articles 2 to 5 within 18 months of unification.`Article 4In Article 3 of Directive 77/452/EEC, the second indent under heading '(a) in Germany` is hereby deleted.Article 5The following Article 4a is hereby inserted in Directive 77/452/EEC:'Article 4aIn the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications as nureses responsible for general care attest to training received on the territory of the former German Democratic Republic which does not satisfy all the minimum training requirements laid down in Article 1 of Directive 77/453/EEC, Member States other than Germany shall recognize those diplomas, certificates and other evidence of formal qualifications as being sufficient proof if:- they attest to training commenced before German unification,- they entitle the holder to pursue the activities of a nurse responsible for general care throughout the territory of Germany under the same conditions as the qualifications awarded by the competent German authorities and referred to in Article 3 (a), and- they are accompanied by a certificate issued by the competent German authorities stating that those nationals have effectively and lawfully been engaged in the activities of nurse responsible for general care in Germany for at least three years during the five years prior to the date of issue of the certificate.These activities have included taking full responsibility for the planning, organization and carrying-out of the nursing care of the patient.`Article 6In Article 3 of Directive 78/686/EEC, the following shall be deleted in heading '(a) in Germany`:- presentation in the form of two numbered points,- the text of point 2.Article 7The following Article 7a is hereby inserted in Directive 78/686/EEC:'Article 7 a1.  In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications as dental practitioner attest to training received on the territory of the former German Democratic Republic which does not satisfy all the minimum training requirements laid down in Article 1 of Directive 78/687/EEC, Member States other than Germany shall recognize those diplomas, certificates and other evidence of formal qualifications as being sufficient proof if:- they attest to training commenced before German unification,- they entitle the holder to pursue the activities of a dental practitioner throughout the territory of Germany under the same conditions as the qualifications awarded by the competent German authorities and referred to in Article 3 (a), and- they are accompanied by a certificate issued by the competent German authorities stating that those nationals have effectively and lawfully been engaged in the activities in question in Germany for at least three consecutive years during the five years prior to the date of issue of the certificate.2.  In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications as specialist dental practitioners attest to training received in the territory of the former German Democratic Republic which does not satisfy the minimum training requirements laid down in Articles 2 and 3 of Directive 78/687/EEC, Member States other than Germany shall recognize those diplomas, certificates and other evidence of formal qualifications as being sufficient proof if:- they attest to training commenced before German unification, and- they entitle the holder to pursue, as a specialist dental practitioner, the activity in question throughout the territory of Germany under the same conditions as the qualifications awarded by the competent German authorities and referred to in Article 5 (1) and (2).They may, however, require that these diplomas, certificates or other evidence of formal qualifications be accompanied by a certificate issued by the competentGerman authorities or bodies stating that the holder has, as a specialist dental practitioner, been engageged in the activity in question for a period equivalent to twice the difference between the period of specialized training received on German territory and the minimum duration of training laid down in Directive 78/687/EEC, where they do not satisfy the minimum requirements regarding the duration of training laid down in Article 2 of Directive 78/687/EEC.`Article 8In Article 3 of Directive 78/1026/EEC, the following shall be deleted under heading '(a) in Germany`:- presentation in the form of two numbered points;- the text of point 2.Article 9The following Article 4 a is hereby inserted in Directive 78/1026/EEC:'Article 4 aIn the case of nationals of Member State whose diplomas, certificates and other evidence of formal qualifications as veterinary surgeons attest to training received in the territory of the former German Democratic Republic which does not satisfy all the minimum training requirements laid down in Article 1 of Directive 78/1027/EEC, Member States other than Germany shall recognize those diplomas, certificates and other evidence of formal qualifications, as being sufficient proof if:- they attest to training commenced before German unification,- they entitle the holder to pursue the activities of a veterinary surgeon throughout the territory of Germany under the same conditions as the qualifications awarded by the competent German authorities and referred to in Article 3 (a), and- they are accompanied by a certificate issued by the competent German authorities stating that those nationals have effectively and lawfully been engaged in the activities in question in Germany for at least three consecutive years during the five years prior to the date of issue of the certificate.`Article 10In Article 3 of Directive 80/154/EEC, the following shall be deleted in heading '(a) in Germany`:- presentation in the form of two indents,- the text of the second indent.Article 11The following Article 5 a is hereby added in Directive 80/154/EEC'Article 5 a1.  In the case of Member States whose diplomas, certificates and other evidence of formal qualifications as midwife attest to training received on the territory of the former German Democratic Republic which does not satisfy all the minimum training requirements laid down in Article 1 of Directive 80/155/EEC, Member States other than Germany shall recognize those diplomas, certificates and other evidence of formal qualifications as being sufficient proof if:- they attest to training commenced before German unification,- they entitle the holder to pursue the activities of a midwife throughout the territory of Germany under the same conditions as the qualifications awarded by the competent German authorities and referred to in Article 3 (a), and- they are accompanied by a certificate issued by the competent German authorities stating that those nationals have effectively and lawfully been engaged in the activities in question in Germany for at least three years during the five years prior to the date of issue of the certificate.2.  In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications as midwives attest to training received in the territory of the former German Democratic Republic which satisfies all the minimum training requirements laid down in Article 1 of Directive 80/155/EEC but which, pursuant to Article 2, has to be recognized only if it is complemented by the professional practice referred to in Article 4, Member States other than Germany shall recognize those diplomas, certificates and other evidence of formal qualifications as being sufficient proof if:- they attest to training commenced before German unification, and- they are accompanied by a certificate stating that those nationals have effectively and lawfully been enganged in the activities in question in Germany for at least two years during the five years prior to the date of issue of the certificate.`Article 12In Article 4 of Directive 85/433/EEC on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, the following shall be deleted in heading '(c) in Germany`:- presentation in the form of two numbered points,- the text of point 2.Article 13Article 6 of Directive 85/433/EEC is hereby amended as follows:- the present text of Article 6 becomes paragraph 1 of the said Article,- the following paragraph 2 is added:'2.  Diplomas, certificates and other university or equivalent qualifications in pharmacy which were awarded to nationals of Member States by Member States and which satisfy all the minimum training requirements laid down in Article 2 of Directive 85/432/EEC but which do not conform to the designations set out in Article 4 shall be treated, for the purpose of the Directive, as the diplomas set out in that Article if they are accompanied by a certificate stating that they attest to training conforming to the provisions of Directive 85/432/EEC referred to in Article 2 of this Directive and shall be treated by the Member States which awarded them as those whose designations are set out in Article 4 of this Directive.Article 14The following Article 6 a is hereby inserted in Directive 85/433/EEC:'Article 6 aDiplomas, certifcates and other university or equivalent qualifications in pharmacy which attest to training received by nationals of the Member States on the territory of the former German Democratic Republic and which do not satisfy all the minimum training requirements laid down in Article 2 of Directive 85/432/EEC shall be treated as diplomas satisfying these requirements if:- they attest to training commenced before German unification,- they entitle the holder to pursue the activities of pharmacist throughout the territory of Germany under the same conditions as the qualifications awarded by the competent German authorities and referred to in Article 4 (c), and- they are accompanied by a certificate stating that their holders have effectively and lawfully been engaged in Germany in one of the activities referred to in Article 1 (2) of Directive 85/432/EEC for at least three consecutive years during the five years prior to the date of issue of the certificate, provided that such activity is regulated in the State in question.`Article 15Article 6 of Directive 85/384/EEC is hereby deleted.Article 16Member States shall take the necessary measures to comply with this Directive by 1 July 1991. They shall forthwith inform the Commission thereof.Article 17This Directive is addressed to the Member States.Done at Brussels, . . .For the CouncilThe PresidentProposal for aCOUNCIL DIRECTIVEof . . .relating to the transitional measures applicable in Germany in the field of workers' health and safetyTHE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 118 a thereof,Having regard to the proposal from the Commission,In cooperation with the European Parliament,Having regard to the opinion of the Economic and Social Committee,Whereas the European Economic Community has adopted a number of rules on the health and safety of workers;Whereas, from the date of German unification onwards, Community law will be fully applicable to the territory of the former German Democratic Republic;Whereas a special period must be provided for bringing the rules in force in the territory of the former German Democratic Republic into line with Community acts;Whereas the information on the rules applicable and the social and industrial situation in the former German Democratic Republic is insufficient to permit the extent of the derogations to be definitively established; whereas, to allow for changes in the situation, a simplified procedure must be laid down pursuant to the third indent of Article 145 of the Treaty for adopting and administering such derogations,HAS ADOPTED THIS DIRECTIVE:Article 1Germany shall adopt, in respect of the territory of the former German Democratic Republic, the laws, regulations and administrative provisions necessary to comply with the Directives referred to in the Annex before 31 December 1992. It shall immediately inform the Commission thereof, which shall inform the other Member States.Article 2The Commission may, in accordance with the procedure set out in Article 3, make any technical amendments necessary to the derogations from Community rules referred to in this Directive in order to ensure that all the Community rules in the field covered by this Directive are applied in the territory of the former German Democratic Republic. The aim of such amendments must be to ensure consistency in taking account of the special circumstances of that territory as regards complying with the basic principles contained in this Directive.Article 3For the purposes of Article 2, the Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission.The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.If, on the expiry of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.Article 4Germany shall report on the implementation of this Directive before 31 December 1991 and 31 December 1992.Its reports shall be forwarded to the Commission which shall communicate them to the other Member States.Article 5This Directive is addressed to the Member States.Done at Brussels, . . .For the CouncilThe PresidentANNEX Directives to which a derogation applies until 31 December 1992 on the territory of the former German Democratic Republic- Council Directive 78/610/EEC of 29 June 1978 on the approximation of the laws, regulations and administrative provisions of the Member States on the protection of the health of workers exposed to vinyl chloride monomer (OJ N° L 197, 22. 7. 1978, p. 12)- Council Directive 80/1107/EEC of 27 November 1980 on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work (OJ N° L 327, 3. 12. 1980, p. 8)- Council Directive 82/605/EEC of 28 July 1982 on the protection of workers from the risks related to exposure to metallic lead and its ionic compounds at work (first individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) (OJ N° L 247, 23. 8. 1982, p. 12)- Council Directive 83/447/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) (OJ N° L 263, 24. 9. 1983, p. 25)- Council Directive 86/188/EEC of 12 May 1986 on the protection of workers from the risks related to exposure to noise at work (OJ N° L 137, 24. 5. 1986, p. 28)- Council Directive 88/364/EEC on the protection of workers by the banning of certain specified agents and/or certain work activities (fourth individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) (OJ N° L 179, 9. 7. 1988, p. 44)- Council Directive 88/642/EEC of 16 December 1988 amending Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work (OJ N° L 356, 24. 12. 1988, p. 74)


Avis juridique important

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31973L0095

Commission Directive 73/95/EEC of 26 March 1973 applying Articles 13 and 14 of the Council Directive of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing

Official Journal L 120 , 07/05/1973 P. 0017 - 0023 Spanish special edition: Chapter 02 Volume 2 P. 0020  Portuguese special edition Chapter 02 Volume 2 P. 0020

+++++( 1 ) OJ NO L 58 , 8 . 3 . 1969 , P . 1 .  ( 2 ) OJ NO L 77 , 29 . 3 . 1969 , P . 1 .  ( 3 ) OJ NO L 295 , 24 . 11 . 1969 , P . 14 .  COMMISSION DIRECTIVE OF 26 MARCH 1973 APPLYING ARTICLES 13 AND 14 OF THE COUNCIL DIRECTIVE OF 4 MARCH 1969 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING ( 73/95/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO COUNCIL DIRECTIVE NO 69/73 ( 1 ) ( EEC ) OF 4 MARCH 1969 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING , AND IN PARTICULAR ARTICLE 28 THEREOF ;  WHEREAS PURSUANT TO ARTICLE 13 OF THAT DIRECTIVE , PROCESSING UNDER INWARD PROCESSING ARRANGEMENTS SHALL BE CONSIDERED AS COMPLETED WHEN , IN ACCORDANCE WITH THE TERMS OF THE AUTHORIZATION TO GRANT SUCH PROCESSING , THE COMPENSATING PRODUCTS ARE EITHER EXPORTED OUTSIDE THE TERRITORY OF THE COMMUNITY , OR PLACED UNDER ONE OF THE PROCEDURES REFERRED TO IN THAT ARTICLE WITH A VIEW TO THEIR BEING SUBSEQUENTLY EXPORTED ;  WHEREAS PURSUANT TO ARTICLE 15 ( 1 ) OF THE SAME DIRECTIVE , SUCH MAY ALSO BE THE CASE FOR INTERMEDIATE PRODUCTS AND GOODS IN THE UNALTERED STATE ;  WHEREAS WHEN THOSE PRODUCTS OR GOODS ARE ENTERED FOR HOME USE IN ACCORDANCE WITH ARTICLE 14 OF THE SAME DIRECTIVE , THE PROVISIONS OF THAT ARTICLE REQUIRE THAT THE AMOUNT OF CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES BE AT LEAST EQUAL TO THE AMOUNT WHICH WOULD HAVE BEEN CHARGED PURSUANT TO ARTICLE 16 OF THE SAME DIRECTIVE ;  WHEREAS , DUE TO THE FACT THAT , GENERALLY , PROCESSING ADDS TO THE VALUE OF THE PROCESSED GOODS AND OFTEN LEADS TO A HIGHER RATE BEING APPLIED TO COMPENSATING PRODUCTS , THE AMOUNT OF CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES RELATING TO THOSE PRODUCTS IS HIGHER THAN THE AMOUNT RELATING TO IMPORTED GOODS THERE ARE , HOWEVER , INSTANCES WHERE THE AMOUNT RESULTING FROM THE APPLICATION OF CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES RELATING TO THE COMPENSATING PRODUCTS WHEN THEY ARE ENTERED FOR HOME USE IS LESS THAN THE AMOUNT WHICH WOULD BE PAYABLE UNDER ARTICLE 16 OF THE ABOVEMENTIONED DIRECTIVE ;  WHEREAS IN ORDER TO ENSURE IN SUCH INSTANCES THAT CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES ARE CHARGED IN ACCORDANCE WITH THE RULES OF THE DIRECTIVE , IT SHOULD BE PROVIDED THAT WHEN COMPENSATING PRODUCTS , INTERMEDIATE PRODUCTS OR GOODS IN THE UNALTERED STATE ARE PLACED UNDER THE COMMUNITY TRANSIT PROCEDURE ( EXTERNAL PROCEDURE ) , DOCUMENT T1 SHOULD INCLUDE PARTICULARS SO TO INFORM THE COMPETENT AUTHORITIES OF THE MEMBER STATE ; WHEREAS WHEN THE SAID PRODUCTS OR GOODS ARE PLACED UNDER ONE OF THE OTHER INTERNATIONAL TRANSIT PROCEDURES REFERRED TO IN THE FIRST SUBPARAGRAPH OF ARTICLE 7 ( 1 ) OF COUNCIL REGULATION ( EEC ) NO 542/69 ( 2 ) OF 18 MARCH 1969 ON COMMUNITY TRANSIT , THE DOCUMENTS RELATING TO THOSE INTERNATIONAL TRANSIT PROCEDURES ARE ACCOMPANIED BY THE CONTROL COPY REFERRED TO IN ARTICLE 1 OF COMMISSION REGULATION ( EEC ) NO 2315/69 ( 3 ) OF 19 NOVEMBER 1969 ON THE USE OF COMMUNITY TRANSIT DOCUMENTS FOR THE PURPOSE OF APPLYING COMMUNITY MEASURES FOR VERIFYING THE USE AND/OR DESTINATION OF GOODS ; WHEREAS CERTAIN RULES SHOULD BE LAID DOWN FOR THE USE OF THIS CONTROL COPY ;  WHEREAS MOREOVER WHERE GOODS AND PRODUCTS ARE AUTHORIZED TO BE ENTERED FOR HOME USE THE NECESSARY PROVISIONS SHOULD BE LAID DOWN SO THAT THE CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES PAYABLE MAY BE DETERMINED IN ACCORDANCE WITH ARTICLES 14 AND 16 OF THE ABOVEMENTIONED DIRECTIVE , EITHER AT THE REQUEST OF THE HOLDER OF THE AUTHORIZATION GRANTING THE BENEFIT OF INWARD PROCESSING ARRANGEMENTS WHERE ARTICLE 14 ( A ) APPLIES , OR AUTOMATICALLY IN ORDER TO ENSURE THE CORRECT APPLICATION OF ARTICLE 14 ( B ) ;  WHEREAS TO THIS EFFECT PROVISION SHOULD BE MADE TO ENABLE THE COMPETENT AUTHORITY OF THE MEMBER STATE GRANTING THE BENEFIT OF INWARD PROCESSING ARRANGEMENTS TO NOTIFY THE COMPETENT AUTHORITY OF THE MEMBER STATE WHICH WILL IN DUE COURSE ALLOW THE GOODS TO BE ENTERED FOR HOME USE , OF THE AMOUNT OF CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES TO BE CHARGED PURSUANT TO ARTICLE 16 OF THE AFOREMENTIONED DIRECTIVE ; WHEREAS SUCH INFORMATION IS SUPPLIED AT THE REQUEST OF THE COMPETENT AUTHORITY WHICH WILL ALLOW THE GOODS TO BE ENTERED FOR HOME USE ; WHEREAS SUCH INFORMATION MAY ALSO BE SUPPLIED AT THE REQUEST OF THE HOLDER OF THE AUTHORIZATION GRANTING THE BENEFIT OF THE INWARD PROCESSING PROCEDURE ; WHEREAS THE NECESSARY MEASURES SHOULD IN ANY CASE BE TAKEN SO THAT THE INFORMATION BE SUPPLIED WITHIN A REASONABLE TIME LIMIT ;  WHEREAS THE INFORMATION SHOULD BE GIVEN ON A SPECIAL FORM , INSTRUCTIONS FOR THE USE OF THE FORM SHOULD BE LAID DOWN AND A SPECIMEN FORM PRESCRIBED ;  WHEREAS SINCE THE COMMITTEE ON ECONOMIC CUSTOMS PROCEDURES HAS NOT DELIVERED AN OPINION , THE COMMISSION WAS UNABLE TO ADOPT THE PROVISIONS PROPOSED IN ACCORDANCE WITH ARTICLE 28 ( 3 ) ( A ) OF THE AFOREMENTIONED DIRECTIVE ; WHEREAS PURSUANT TO ( 3 ) ( B ) AND ( C ) OF THE SAID ARTICLE , THE COMMISSION SUBMITTED TO THE COUNCIL A PROPOSAL RELATING TO THE PROVISIONS TO BE ADOPTED AND WHEREAS THE COUNCIL HAS TAKEN NO ACTION WITHIN THE THREE MONTHS FOLLOWING RECEIPT OF THAT PROPOSAL ;  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THIS DIRECTIVE SETS OUT TO ADOPT CERTAIN PROVISIONS FOR APPLYING ARTICLES 13 AND 14 OF THE COUNCIL DIRECTIVE OF 4 MARCH 1969 ON THE HARMONIZATION OF THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING .  ARTICLE 2  WHEN COMPENSATING PRODUCTS , INTERMEDIATE PRODUCTS OR GOODS IN THE UNALTERED STATE ARE PLACED UNDER THE COMMUNITY TRANSIT PROCEDURE ( EXTERNAL PROCEDURE ) THE BOX MARKED " DESCRIPTION OF GOODS " IN DECLARATION T1 SHOULD INCLUDE ONE OF THE FOLLOWING ENDORSEMENTS  " EN CAS DE MISE A LA CONSOMMATION TAXATION PERFECTIONNEMENT ACTIF "  " BEI UEBERFUEHRUNG IN DEN FREIEN VERKEHR VERZOLLUNG AKTIVER VEREDELUNGSVERKEHR "  " IN CASO DI IMMISSIONE IN CONSUMO TASSAZIONE PERFEZIONAMENTO ATTIVO "  " BIJ IN HET VRIJE VERKEER BRENGEN , BELASTEN ALS VOOR ACTIEF VEREDELINGSVERKEER "  " IF ENTERED FOR HOME USE , DUTY AS UNPROCESSED GOODS "  " VED OVERFOERSEL TIL FRI OMSAETNING , FORTOLDNING I HENHOLD TIL DEN AKTIVE FORAEDLINGSORDNING "  IF THE AMOUNT RESULTING FROM THE APPLICATION OF CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES RELATING TO THE ABOVEMENTIONED PRODUCTS AND GOODS IS , OR IF CIRCUMSTANCES INDICATE THAT THE AMOUNT WILL BE , LESS THAN THE AMOUNT DETERMINED PURSUANT TO ARTICLE 16 OF THE DIRECTIVE REFERRED TO IN ARTICLE 1 .  ARTICLE 3  1 . WHEN IN THE CASE REFERRED TO IN ARTICLE 2 THE COMPENSATING PRODUCTS , INTERMEDIATE PRODUCTS OR GOODS IN THE UNALTERED STATE ARE PLACED UNDER ONE OF THE OTHER INTERNATIONAL TRANSIT PROCEDURES REFERRED TO IN THE FIRST SUBPARAGRAPH OF ARTICLE 7 ( 1 ) OF COUNCIL REGULATION ( EEC ) NO 542/69 , THE RELEVANT TRANSIT DOCUMENT MUST BE ACCOMPANIED BY A CONTROL COPY AS DEFINED IN COMMISSION REGULATION ( EEC ) NO 2315/69 . THIS CONTROL COPY SHALL INCLUDE , IN BOX 104 , ONE OF THE ENTRIES SPECIFIED IN ARTICLE 2 .  2 . THE SERIAL NUMBER OF THE CONTROL COPY MUST BE SHOWN ON THE COPY OF THE RELATIVE TRANSIT DOCUMENT . THIS CONTROL COPY SHALL BE ISSUED , USED AND RETURNED IN ACCORDANCE WITH REGULATION ( EEC ) NO 2315/69 .  ARTICLE 4  1 . AT THE REQUEST OF THE HOLDER OF THE APPROVAL GRANTING THE BENEFIT OF THE INWARD PROCESSING ARRANGEMENTS , THE AUTHORITIES COMPETENT TO GRANT THE APPROVAL AND ISSUE THE TRANSIT DOCUMENTS SHALL TAKE THE NECESSARY MEASURES SO THAT , IN THE EVENT OF THE GOODS BEING ENTERED FOR HOME USE , THE CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES DUE , MAY BE DETERMINED IN ACCORDANCE WITH ARTICLES 14 ( A ) AND 16 OF THE DIRECTIVE REFERRED TO IN ARTICLE 1 . IN SUCH CASE , THE COMPETENT AUTHORITIES WHICH ISSUE THE TRANSIT DOCUMENT SHALL INSERT THEREON ONE OF THE FOLLOWING ENDORSEMENTS .  " TAXATION POSSIBLE MARCHANDISES MISES EN OEUVRE "  " VERZOLLUNG ALS UNVEREDELTE WARE MOEGLICH "  " TASSAZIONE POSSIBILE MERCI SOTTOPOSTE A PERFEZIONAMENTO "  " BELASTEN MOGELIJK ALS ONVEREDELDE GOEDEREN "  " PROCESS GOODS , LIABLE TO DUTY "  " FORTOLDNING SOM IKKE-FORAEDLEDE VARER MULIG "  INDICATING THAT SUCH AN APPLICATION HAS BEEN LODGED BY THE PERSON CONCERNED . WHERE THE TRANSIT DOCUMENT RELATES TO VARIOUS GOODS , THE ENDORSEMENTS SHALL BE MADE IN SUCH A WAY THAT THERE CAN BE NO POSSIBILITY OF MISTAKE AS TO THE GOODS TO WHICH REFERENCE IS MADE .  2 . THOSE AUTHORITIES MAY ALSO ENDORSE FORTHWITH THE INFORMATION SHEET PRESCRIBED BY ARTICLE 6 ; IN THAT CASE , THEY SHALL RETURN THE ORIGINAL TO THE HOLDER AND KEEP THE COPY .  ARTICLE 5  1 . WHEN A REQUEST IS MADE FOR THE COMPENSATING PRODUCTS , INTERMEDIATE PRODUCTS OR GOODS IN THE UNALTERED STATE REFERRED TO IN ARTICLES 2 TO 4 TO BE PARTIALLY OR WHOLLY ENTERED FOR HOME USE IN ACCORDANCE WITH ARTICLES 14 AND 15 ( 1 ) ( B ) OF THE DIRECTIVE REFERRED TO IN ARTICLE 1 , THE COMPETENT AUTHORITIES RESPONSIBLE FOR ALLOWING THE GOODS OR PRODUCTS TO BE ENTERED FOR HOME USE MAY REQUEST THE COMPETENT AUTHORITIES OF THE MEMBER STATE WHICH ISSUED THE APPROVAL GRANTING THE BENEFIT OF INWARD PROCESSING ARRANGEMENTS TO INDICATE TO THEM THE AMOUNT OF CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES TO BE CHARGED IN PURSUANCE OF ARTICLE 16 OF THE DIRECTIVE REFERRED TO IN ARTICLE 1 . THEY SHALL MAKE THE REQUEST ON THE INFORMATION SHEET PRESCRIBED BY ARTICLE 6 AND SHALL FORWARD BOTH THE ORIGINAL AND COPY ; WHERE APPROPRIATE , THE AUTHORITY REQUESTING THE INFORMATION MAY MAKE AN EXTRA COPY FOR ITS OWN NEEDS .  2 . THE COMPETENT AUTHORITIES OF THE MEMBER STATE TO WHOM THE INFORMATION SHEET IS FORWARDED SHALL BE RESPONSIBLE FOR PRODUCING THE INFORMATION REQUESTED ; THEY SHALL RETURN THE ORIGINAL AND KEEP THE COPY .  HOWEVER , THE COMPETENT AUTHORITIES SHALL NO LONGER BE REQUIRED TO SUPPLY THE INFORMATION ONCE THE PERIOD FOR KEEPING DOCUMENTS HAS EXPIRED .  ARTICLE 6  1 . THE INFORMATION SHEET SHALL BE DRAWN UP IN ONE ORIGINAL AND ONE COPY ON A FORM 1 N F.-1 CORRESPONDING TO THE SPECIMEN IN THE ANNEX .  2 . THE FORM SHALL BE PRINTED ON WHITE PAPER , FREE OF MECHANICAL PULP , DRESSED FOR WRITING PURPOSES AND SHALL WEIGH BETWEEN 40 AND 65 G/M2 . THE FRONT SIDE OF THE ORIGINAL SHALL HAVE A PRINTED GUILLOCHE PATTERN BACKGROUND IN GREY , SUCH AS TO REVEAL ANY FALSIFICATION BY MECHANICAL OR CHEMICAL MEANS .  3 . THE SIZE OF THE FORM SHALL BE 210 BY 297 MM , LINE SPACING BEING 4.24 MM ( 1/6 OF AN INCH ) ; THE LAY-OUT OF THE FORM MUST BE STRICTLY OBSERVED .  4 . MEMBER STATES SHALL BE RESPONSIBLE FOR HAVING THE FORM PRINTED . THE FORM MAY ALSO BE PRINTED BY PRINTERS APPOINTED BY THE MEMBER STATE IN WHICH THEY ARE ESTABLISHED , IN WHICH CASE REFERENCE TO THE APPOINTMENT SHALL BE MADE ON THE FORM . THE FORM SHALL BEAR PARTICULARS OF THE NAME AND ADDRESS OF THE PRINTER OR A MARK ENABLING HIM TO BE IDENTIFIED . IT SHALL ALSO BEAR AN INDIVIDUAL SERIAL NUMBER .  5 . THE FORM SHALL BE PRINTED IN ONE OF THE OFFICIAL LANGUAGES OF THE COMMUNITY DESIGNATED BY THE COMPETENT AUTHORITIES OF THE MEMBER STATE ISSUING THE SHEET . THE PART OF THE SHEET WHERE THE REQUEST FOR INFORMATION IS ENTERED SHALL BE FILLED IN ONE OF THE OFFICIAL LANGUAGES OF THE COMMUNITY DESIGNATED BY THE COMPETENT AUTHORITIES OF THE MEMBER STATE ISSUING THE SHEET . THE COMPETENT AUTHORITIES OF THE MEMBER STATE WHICH IS TO SUPPLY THE INFORMATION OR MAKE USE OF IT MAY REQUEST THAT THE INFORMATION CONTAINED IN THE FORMS SUBMITTED TO THEM BE TRANSLATED INTO THE OFFICIAL LANGUAGE , OR ONE OF THE OFFICIAL LANGUAGES , OF THAT MEMBER STATE .  ARTICLE 7  THE MEMBER STATES SHALL BRING INTO FORCE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE WITHIN SIX MONTHS FOLLOWING ITS NOTIFICATION .  ARTICLE 8  EACH MEMBER STATE SHALL NOTIFY THE COMMISSION OF THE PROVISIONS MADE TO IMPLEMENT THIS DIRECTIVE .  THE COMMISSION SHALL FORWARD SUCH INFORMATION TO THE OTHER MEMBER STATES .  ARTICLE 9  THIS DIRECTIVE IS ADDRESSED TO ALL MEMBER STATES .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI  ANNEX : SEE OJ NO L 120 OF 7 . 5 . 1973 .


Avis juridique important

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31979L0580

Council Directive 79/580/EEC of 19 June 1979 prolonging, in respect of swine fever, tuberculosis and brucellosis, certain derogations granted to Denmark, Ireland and the United Kingdom

Official Journal L 158 , 26/06/1979 P. 0017 - 0018

+++++( 1 ) OJ NO C 28 , 9 . 2 . 1976 , P . 16 .  ( 2 ) OJ NO C 35 , 16 . 2 . 1976 , P . 17 .  ( 3 ) OJ NO L 228 , 16 . 8 . 1973 , P . 3 .  ( 4 ) OJ NO L 104 , 24 . 4 . 1975 , P . 35 .  ( 5 ) OJ NO L 327 , 19 . 12 . 1975 , P . 4 .  COUNCIL DIRECTIVE OF 29 JUNE 1976 AMENDING DIRECTIVE 73/239/EEC ON THE CO-ORDINATION OF LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO THE TAKING UP AND PURSUIT OF THE BUSINESS OF DIRECT INSURANCE OTHER THAN LIFE ASSURANCE ( 76/580/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 57 ( 2 ) THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,  WHEREAS COUNCIL DIRECTIVE 73/239/EEC OF 24 JULY 1973 ON THE CO-ORDINATION OF LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO THE TAKING UP AND PURSUIT OF THE BUSINESS OF DIRECT INSURANCE OTHER THAN LIFE ASSURANCE ( 3 ) , TO FACILITATE THE TAKING UP AND PURSUIT OF THE SAID BUSINESS , HAS ELIMINATED CERTAIN DIVERGENCIES BETWEEN NATIONAL LEGISLATIONS ; WHEREAS IT HAS ENSURED ADEQUATE PROTECTION FOR INSURED AND THIRD PARTIES IN ALL THE MEMBER STATES AND , AT THE SAME TIME , CO-ORDINATED IN PARTICULAR THE PROVISIONS RELATING TO THE FINANCIAL GUARANTEES REQUIRED OF INSURANCE UNDERTAKINGS ;  WHEREAS , PURSUANT TO THAT DIRECTIVE , THE MINIMUM GUARANTEE FUND WHICH EACH MEMBER STATE REQUIRES OF ALL INSURANCE UNDERTAKINGS WITH HEAD OFFICES IN ITS TERRITORY MAY NOT BE LESS THAN CERTAIN AMOUNTS WHICH ARE EXPRESSED IN UNITS OF ACCOUNT IN THE DIRECTIVE ;  WHEREAS THE UNIT OF ACCOUNT IS ALSO REFERRED TO IN ORDER TO DETERMINE THE AMOUNT OF THE CONTRIBUTION REVENUE OF CERTAIN MUTUAL ASSOCIATIONS BELOW WHICH THE DIRECTIVE DOES NOT APPLY ;  WHEREAS , FOR THE PURPOSES OF THE SAID DIRECTIVE " UNIT OF ACCOUNT " MEANS THAT UNIT WHICH IS DEFINED IN ARTICLE 4 OF THE PROTOCOL ON THE STATUTE OF THE EUROPEAN INVESTMENT BANK ; WHEREAS ON THE BASIS OF THIS DEFINITION THE CONVERSION OF THE AMOUNTS MENTIONED IN THE DIRECTIVE INTO NATIONAL CURRENCIES WOULD LEAD TO DISTORTIONS OF COMPETITION BETWEEN UNDERTAKINGS WHOSE HEAD OFFICES ARE SITUATED IN THE VARIOUS MEMBER STATES ;  WHEREAS BY DECISION 75/250/EEC ( 4 ) THE COUNCIL DEFINED ON 21 APRIL 1975 A EUROPEAN UNIT OF ACCOUNT REPRESENTING THE AVERAGE OF ANY CHANGES IN THE VALUE OF THE CURRENCIES OF THE MEMBER STATES ; WHEREAS THE CONVERSION RATE FOR EACH CURRENCY AGAINST THIS UNIT OF ACCOUNT IS FIXED AUTOMATICALLY BY REFERENCE TO DAILY QUOTATIONS ON THE EXCHANGE MARKETS ; WHEREAS THE USE OF THIS EUROPEAN UNIT FO ACCOUNT PLACES INSURANCE UNDERTAKINGS ON THE SAME COMPETITIVE FOOTING ;  WHEREAS ARTICLE 4 OF THE AFORESAID PROTOCOL IS UNDERGOING REVISION ; WHEREAS , PURSUANT TO THE DECISION OF 18 MARCH 1975 OF THE BOARD OF GOVERNORS OF THE EIB , THE BANK USES THE EUROPEAN UNIT OF ACCOUNT DEFINED BY COUNCIL DECISION 75/250/EEC ;  WHEREAS MORE RECENTLY , ON 18 DECEMBER 1975 , THE COMMISSION , BY DECISION NO 3289/75/ECSC ( 5 ) , ADOPTED , WITH THE UNANIMOUS ASSENT OF THE COUNCIL , THIS EUROPEAN UNIT OF ACCOUNT IN APPLYING THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ;  WHEREAS THE VALUE OF THE EUROPEAN UNIT OF ACCOUNT IN EACH OF THE MEMBER STATES' CURRENCIES IS FIXED DAILY AND WHEREAS A REFERENCE DAY MUST ALSO BE FIXED FOR ITS USE WHEN APPLYING THIS DIRECTIVE ;  WHEREAS , HOWEVER , IN CERTAIN MEMBER STATES , THE INTRODUCTION OF THE EUROPEAN UNIT OF ACCOUNT WOULD LEAD TO A REDUCTION IN TERMS OF NATIONAL CURRENCY OF THE AMOUNTS EXPRESSED IN UNITS OF ACCOUNT IN THE DIRECTIVE ; WHEREAS SUCH A REDUCTION WULD LEAD TO A CORRESPONDING REDUCTION IN THE PROTECTION NOW GIVEN TO INSURED PARTIES BY THE MIMIMUM GURARANTEE FUND ; WHEREAS THE SAID AMOUNTS SHOULD BE REVIEWED EVERY TWO YEARS ; WHEREAS AS A RESULT OF THIS REVIEW , THE AMOUNTS IN QUESTION ARE LIKELY TO BE AMENDED ; WHEREAS IN CERTAIN MEMBER STATES THE REDUCTION IN THE AMOUNTS EXPRESSED IN NATIONAL CURRENCY COULD , UNDER THESE CONDITIONS , BE SWIFTLY FOLLOWED BY A FURTHER ADJUSTMENT IN THOSE STATES ; WHEREAS THE IMPLEMENTATION OF THESE SUCCESSIVE MEASURES WOULD RAISE DIFFICULTIES FOR UNDERTAKINGS AND SUPERVISORY AUTHORITIES ; WHEREAS , THEREFORE , THESE AMOUNTS SHOULD BE KEPT AT THE LEVEL WHICH THEY WOULD HAVE REACHED ON THE BASIS OF THE CONVERSION RATE APPLICABLE BEFORE THE INTRODUCTION OF THE EUROPEAN UNIT OF ACCOUNT , IF THIS LEVEL IS HIGHER THAN THAT OF THE EUROPEAN UNIT OF ACCOUNT , UNTIL THE AMOUNTS FIXED IN DIRECTIVE 73/239/EEC ARE REVIEWED ;  WHEREAS CHANGES IN THE ECONOMIC AND MONETARY SITUATION OF THE COMMUNITY JUSTIFY THE EXAMINATION AT REGULAR INTERVALS OF THE LATTER AMOUNTS ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . THE FOLLOWING SHALL BE SUBSTITUTED FOR THE TEXT OF ARTICLE 5 ( A ) OF DIRECTIVE 73/239/EEC :  " ( A ) UNIT OF ACCOUNT MEANS THE EUROPEAN UNIT OF ACCOUNT ( EUA ) AS DEFINED BY COMMISSION DECISION 3289/75/ECSC ( 5 ) . WHEREVER THIS DIRECTIVE REFERS TO THE UNIT OF ACCOUNT , THE CONVERSION VALUE IN NATIONAL CURRENCY TO BE ADOPTED SHALL , AS FROM 31 DECEMBER OF EACH YEAR , BE THAT OF THE LAST DAY OF THE PRECEDING MONTH OF OCTOBER FOR WHICH EUA CONVERSION VALUES ARE AVAILABLE IN ALL THE COMMUNITY CURRENCIES ; " .  2 . THE FOLLOWING NOTE IS ADDED AS A FOOTNOTE TO THE PAGE WHERE ARTICLE 5 OF DIRECTIVE 73/239/EEC APPEARS :  " ( 1 ) OJ NO L 327 , 19 . 12 . 1975 , P . 4 . " .  ARTICLE 2  AS AN TRANSITIONAL MEASURE AND UNTIL THE AMOUNTS EXPRESSED IN UNITS OF ACCOUNT IN DIRECTIVE 73/239/EEC HAVE BEEN AMENDED FOR THE FIRST TIME , THE AMOUNTS EXPRESSED IN NATIONAL CURRENCY FOR CONVERSION OF THE UNIT OF ACCOUNT, AS DEFINED IN ARTICLE  5 ( A ) , SHALL NOT BE LESS THAN THOSE DERIVED ACCORDING TO THE RATE OF CONVERSION APPLICABLE TO THE UNIT OF ACCOUNT BEFORE THE ADOPTION OF THIS DIRECTIVE .  ARTICLE 3  EVERY TWO YEARS , THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , SHALL REVIEW AND IF NECESSARY AMEND THE AMOUNTS EXPRESSED IN DIRECTIVE 73/239/EEC IN UNITS OF ACCOUNT , TAKING INTO ACCOUNT CHANGES IN THE ECONOMIC AND MONETARY SITUATION OF THE COMMUNITY .  ARTICLE 4  THE NATIONAL PROVISIONS AMENDED IN ACCORDANCE WITH THIS DIRECTIVE SHALL BE APPLICABLE AS FROM 31 DECEMBER 1976 .  ARTICLE 5  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT LUXEMBOURG , 29 JUNE 1976 .  FOR THE COUNCIL  THE PRESIDENT  G . THORN


title: Directive 2008/10/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2004/39/EC on markets in financial instruments, as regards the implementing powers conferred on the Commission

text:
               19.3.2008

               EN

               Official Journal of the European Union

               L 76/33

      DIRECTIVE 2008/10/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 11 March 2008
   amending Directive 2004/39/EC on markets in financial instruments, as regards the implementing powers conferred on the Commission
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 47(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the European Central Bank (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               Directive 2004/39/EC of the European Parliament and of the Council (4) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

               (2)

               Council Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

               (3)

               In accordance with the statement by the European Parliament, the Council and the Commission (6) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

               (4)

               The Commission should be empowered to adopt the measures necessary for the implementation of Directive 2004/39/EC in order to take account of technical developments on financial markets and ensure the uniform application of that Directive. Those measures are designed to adapt definitions or modify the scope of exemptions under that Directive; elaborate upon or supplement provisions of that Directive concerning organisational requirements or operating conditions imposed upon investment firms or credit institutions; and add detailed specifications on the pre- and post-trade transparency obligations imposed upon the various negotiating venues under that Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/39/EC by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (5)

               Directive 2004/39/EC provides for a time restriction concerning the implementing powers conferred on the Commission. In their statement concerning Decision 2006/512/EC, the European Parliament, the Council and the Commission stated that Decision 2006/512/EC provides a horizontal and satisfactory solution to the European Parliament’s wish to scrutinise the implementation of instruments adopted under the co-decision procedure and that, accordingly, implementing powers should be conferred on the Commission without time limit. The European Parliament and the Council also declared that they would ensure that the proposals aimed at repealing the provisions in the instruments that provide for a time limit on the delegation of implementing powers to the Commission are adopted as rapidly as possible. Following the introduction of the regulatory procedure with scrutiny, the provision establishing that time restriction in Directive 2004/39/EC should be deleted.

               (6)

               The Commission should, at regular intervals, evaluate the functioning of the provisions concerning the implementing powers conferred on it in order to allow the European Parliament and the Council to determine whether the extent of those powers and the procedural requirements imposed on the Commission are appropriate and ensure both efficiency and democratic accountability.

               (7)

               Directive 2004/39/EC should therefore be amended accordingly.

               (8)

               Since the amendments made to Directive 2004/39/EC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments
   Directive 2004/39/EC is hereby amended as follows:

               1.

               Article 2(3) shall be amended as follows:

                           (a)

                           the words ‘acting in accordance with the procedure referred to in Article 64(2),’ shall be deleted;

                           (b)

                           the following sentence shall be added:
                           ‘Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               2.

               Article 4 shall be amended as follows:

                           (a)

                           in point 2 of paragraph 1, the words ‘acting in accordance with the procedure referred to in Article 64(2)’ shall be deleted;

                           (b)

                           paragraph 2 shall be amended as follows:

                                       (i)

                                       the terms ‘acting in accordance with the procedure referred to in Article 64(2),’ shall be deleted;

                                       (ii)

                                       the following subparagraph shall be added:
                                       ‘The measures referred to in this Article, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               3.

               Article 13(10) shall be amended as follows:

                           (a)

                           the words ‘in accordance with the procedure referred to in Article 64(2),’ shall be deleted;

                           (b)

                           the following sentence shall be added:
                           ‘Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               4.

               in the second and third subparagraphs of Article 15(3), the words ‘in accordance with the procedure referred to in Article 64(2),’ shall be replaced by ‘in accordance with the regulatory procedure referred to in Article 64(3),’;

               5.

               Article 18(3) shall be amended as follows:

                           (a)

                           the words ‘in accordance with the procedure referred to in Article 64(2),’ shall be deleted;

                           (b)

                           the following subparagraph shall be added:
                           ‘The measures referred to in the first subparagraph, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               6.

               Article 19(10) shall be amended as follows:

                           (a)

                           the words ‘in accordance with the procedure referred to in Article 64(2),’ shall be deleted;

                           (b)

                           the following subparagraph shall be added:
                           ‘The measures referred to in the first subparagraph, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               7.

               Article 21(6) shall be amended as follows:

                           (a)

                           the terms ‘in accordance with the procedure referred to in Article 64(2),’ shall be deleted;

                           (b)

                           the following subparagraph shall be added:
                           ‘The measures referred to in the first subparagraph, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               8.

               Article 22(3) shall be amended as follows:

                           (a)

                           the words ‘in accordance with the procedure referred to in Article 64(2),’ shall be deleted;

                           (b)

                           the following subparagraph shall be added:
                           ‘The measures referred to in the first subparagraph, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               9.

               Article 24(5) shall be amended as follows:

                           (a)

                           the words ‘in accordance with the procedure referred to in Article 64(2),’ shall be deleted;

                           (b)

                           the following subparagraph shall be added:
                           ‘The measures referred to in the first subparagraph, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               10.

               Article 25(7) shall be amended as follows:

                           (a)

                           the words ‘in accordance with the procedure referred to in Article 64(2),’ shall be deleted;

                           (b)

                           the following sentence shall be added:
                           ‘Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               11.

               Article 27(7) shall be amended as follows:

                           (a)

                           the words ‘in accordance with the procedure referred to in Article 64(2),’ shall be deleted;

                           (b)

                           the following subparagraph shall be added:
                           ‘The measures referred to in the first subparagraph, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               12.

               Article 28(3) shall be amended as follows:

                           (a)

                           the words ‘in accordance with the procedure referred to in Article 64(2),’ shall be deleted;

                           (b)

                           the following subparagraph shall be added:
                           ‘The measures referred to in the first subparagraph, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               13.

               Article 29(3) shall be amended as follows:

                           (a)

                           in the first subparagraph, the words ‘in accordance with the procedure referred to in Article 64(2)’ shall be deleted;

                           (b)

                           the following subparagraph shall be added:
                           ‘The measures referred to in the first subparagraph, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               14.

               Article 30(3) shall be amended as follows:

                           (a)

                           in the first subparagraph the words ‘in accordance with the procedure referred to in Article 64(2)’ shall be deleted;

                           (b)

                           the following subparagraph shall be added:
                           ‘The measures referred to in the first subparagraph, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               15.

               Article 40(6) shall be amended as follows:

                           (a)

                           the words ‘in accordance with the procedure referred to in Article 64(2)’ shall be deleted;

                           (b)

                           the following subparagraph shall be added:
                           ‘The measures referred to in the first subparagraph, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               16.

               Article 44(3) shall be amended as follows:

                           (a)

                           the words ‘in accordance with the procedure referred to in Article 64(2)’ shall be deleted;

                           (b)

                           the following subparagraph shall be added:
                           ‘The measures referred to in the first subparagraph, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               17.

               Article 45(3) shall be amended as follows:

                           (a)

                           the words ‘in accordance with the procedure referred to in Article 64(2)’ shall be deleted;

                           (b)

                           the following subparagraph shall be added:
                           ‘The measures referred to in the first subparagraph, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               18.

               Article 56(5) shall be amended as follows:

                           (a)

                           the words ‘in accordance with the procedure referred to in Article 64(2),’ shall be deleted;

                           (b)

                           the following sentence shall be added:
                           ‘Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 64(2).’;

               19.

               in Article 58(4), the words ‘in accordance with the procedure referred to in Article 64(2),’ shall be replaced by ‘, in accordance with the regulatory procedure referred to in Article 64(3),’;

               20.

               Article 64 shall be amended as follows:

                           (a)

                           paragraph 2 shall be replaced by the following:
                           ‘2.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;

                           (b)

                           paragraph 3 shall be replaced by the following:
                           ‘3.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
                           The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.’;

                           (c)

                           the following paragraph shall be added:
                           ‘4.   By 31 December 2010, and, thereafter, at least every three years, the Commission shall review the provisions concerning its implementing powers and present a report to the European Parliament and to the Council on the functioning of those powers. The report shall examine, in particular, the need for the Commission to propose amendments to this Directive in order to ensure the appropriate scope of the implementing powers conferred on the Commission. The conclusion as to whether or not amendment is necessary shall be accompanied by a detailed statement of reasons. If necessary, the report shall be accompanied by a legislative proposal to amend the provisions conferring implementing powers on the Commission.’.

         Article 2
   Entry into force
   This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
   Article 3
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 11 March 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LENARČIČ

      (1)  OJ C 161, 13.7.2007, p. 45.

      (2)  OJ C 39, 23.2.2007, p. 1.

      (3)  Opinion of the European Parliament of 14 November 2007 (not yet published in the Official Journal) and Council Decision of 3 March 2008.

      (4)  OJ L 145, 30.4.2004, p. 1. Directive as last amended by Directive 2007/44/EC (OJ L 247, 21.9.2007, p. 1).

      (5)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (6)  OJ C 255, 21.10.2006, p. 1.