Avis juridique important

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32004L0019

Commission Directive 2004/19/EC of 1 March 2004 amending Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs (Text with EEA relevance)

Official Journal L 071 , 10/03/2004 P. 0008 - 0021

Commission Directive 2004/19/ECof 1 March 2004amending Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs(1), and in particular Article 3 thereof,After consulting the European Food Safety Authority,Whereas:(1) Commission Directive 2002/72/EC(2) sets out rules for plastic materials and articles which are intended to come into contact with foodstuffs.(2) Directive 2002/72/EC establishes a list of monomers and other starting substances, which may be used for the manufacture of plastic materials and articles. On the basis of new information, certain monomers provisionally admitted at national level as well as new monomers should be included in the Community list of permitted substances in that Directive.(3) Directive 2002/72/EC also contains an incomplete list of additives which may be used in the manufacture of plastic materials and articles. That list should be amended so as to include other additives evaluated by the European Food Safety Authority (the Authority).(4) For certain substances, the restrictions already established at Community level should be amended on the basis of the new information available.(5) The current list of additives is incomplete inasmuch as it does not contain all substances currently accepted in one or more Member States. Those additives continue to be regulated by national laws pending a decision on inclusion into the Community list.(6) The current list of additives should become a positive list in order to harmonise the use of these additives in the Community. For additives which are already placed on the market in one or more of the Member States, sufficient time should be allowed for the submission of the data necessary for the Authority to carry out an evaluation of their safety. Therefore, the deadline for the submission of the data should be set as 31 December 2006.(7) If the data are in compliance with the Authority requirements, it should be possible to continue to use those additives in accordance with national law until their evaluation is completed. If the data are not in compliance with the Authority requirements or are submitted later than 31 December 2006 those additives should not be included in the first positive list.(8) The date when the list of additives is to become a positive list should be established no later than 31 December 2007 as it is impossible to know the number of additives for which the data required by the Authority will be supplied. That date should be fixed taking into account the time needed for the Authority to evaluate all the applications supplied on time.(9) Some substances used to manufacture plastic materials and articles intended to come into contact with food are also added directly to foodstuffs. These substances should not migrate from the materials or articles into the foodstuffs in quantities that could exceed the limits set in the relevant food legislation or in this Directive whichever provides the lower restriction. In any case, these substances should not migrate from the materials or articles into the foodstuffs in quantities having a technological function in the final food. The users of materials and articles which may release these substances into foodstuffs should be appropriately informed in order to be able to comply with other relevant food legislation.(10) Member States should retain the right to lay down rules concerning substances used as active components in active food contact materials and articles until Community provisions are adopted.(11) Directive 2002/72/EC should therefore be amended accordingly.(12) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 2002/72/EC is amended as follows:1. In Article 3, paragraphs 1 and 2 are replaced by the following:"1. Only those monomers and other starting substances listed in Annex II, section A may be used for the manufacture of plastic materials and articles subject to the restrictions set out therein.2. By way of derogation from paragraph 1, the monomers and other starting substances listed in Annex II, section B may continue to be used until 31 December 2004 at the latest, pending their evaluation by the European Food Safety Authority (hereinafter referred to as the Authority)."2. Article 4 is replaced by the following:"Article 41. A list of additives which may be used for the manufacture of plastic materials and articles, together with the restrictions and/or specifications on their use, is set out in Annex III.That list of additives shall be considered to be an incomplete list until the Commission decides, in accordance with Article 4a, that it shall become a positive Community list of authorised additives, to the exclusion of all others.The Commission shall establish, by 31 December 2007 at the latest, the date when that list shall become a positive list.2. For the additives listed in Annex III, section B, the verification of compliance with the specific migration limits in simulant D or in test media of substitute tests as laid down in Article 3(1), second subparagraph of Directive 82/711/EEC and Article 1 of Directive 85/572/EEC shall apply from 1 July 2006.3. The lists in Annex III, sections A and B do not yet include the following additives:(a) additives used only in the manufacture of:- surface coatings obtained from resinous or polymerised products in liquid, powder or dispersion form, such as varnishes, lacquers, paints,- epoxy resins,- adhesives and adhesion promoters,- printing inks;(b) colorants;(c) solvents."3. The following Articles 4a and 4b are inserted:"Article 4a1. A new additive may always be added to the list of substances referred to in Article 4(1) following an evaluation of its safety by the Authority.2. Member States shall provide that any person interested in the inclusion in the list referred to in Article 4(1) of an additive, which is already placed on the market in one or more of the Member States, shall submit data for the evaluation of its safety by the Authority by 31 December 2006 at the latest.For the submission of the required data, the applicant shall consult the 'Guidelines of the European Food Safety Authority for the presentation of an application for safety assessment of a substance to be used in food contact materials prior to its authorisation'.3. If during the examination of the data referred to in paragraph 2, the Authority calls for supplementary information, the additive may continue to be used subject to national law until the Authority has issued an opinion, provided that the information is submitted within the time limits specified by the Authority.4. The Commission shall establish, by 31 December 2007 at the latest, a provisional list of additives which may continue to be used after 31 December 2007 subject to national law until the Authority has evaluated them.5. The inclusion of an additive in the provisional list is subject to the following conditions:(a) the additive must be permitted in one or more of the Member States no later than 31 December 2006;(b) the data referred to in paragraph 2 concerning that additive must have been supplied in accordance with the Authority requirements no later than 31 December 2006.Article 4bWithout prejudice to Article 4 of Directive 89/109/EEC, Member States may not authorise after 31 December 2006 additives referred to in Article 4(1) which were never evaluated by the Scientific Committee on Food or the Authority."4. The following Article 5a is inserted:"Article 5a5. Additives referred to in Article 4, which are authorised as food additives by Council Directive 89/107/EEC(3) or flavourings by Council Directive 88/388/EEC(4) shall not migrate into:(a) foodstuffs in quantities having a technological function in the final foodstuffs;(b) foodstuffs for which their use is authorised as food additives or flavourings, in quantities exceeding the restrictions provided for in Directive 89/107/EEC or in Directive 88/388/EEC or in Article 4 of this Directive, whichever is the lower;(c) foodstuffs for which their use is not authorised as food additives or flavourings, in quantities exceeding the restrictions set out in Article 4 of this Directive.2. At the marketing stages other than the retail stages, plastic materials and articles which are intended to be placed in contact with foodstuffs and which contain additives referred to in paragraph 1 shall be accompanied by a written declaration containing the information referred to in Article 9(1)(b).3. By way of derogation from paragraph 1, when the substances referred to in point (a) of paragraph 1 are used as active components of active food contact materials and articles, they may be subject to national provisions pending the adoption of Community provisions."5. Article 7 is replaced by the following:"Article 7The specific migration limits in the list set out in Annexes II and III are expressed in mg/kg. However, such limits are expressed in mg/dm2 in the following cases:(a) articles which are containers or are comparable to containers or which can be filled, with a capacity of less than 500 ml or more than 10 l;(b) sheet, film or other material or articles which cannot be filled or for which it is impracticable to estimate the relationship between the surface area of such material or article and the quantity of food in contact therewith.In those cases, the limits set out in Annexes II and III, expressed in mg/kg shall be divided by the conventional conversion factor of 6 in order to express them in mg/dm2."6. In Article 8, paragraph 2 is replaced by the following:"2. The verification of compliance with the specific migration limits provided for in paragraph 1 shall not be compulsory, if the value of overall migration determination implies that the specific migration limits referred to in that paragraph are not exceeded."7. Article 9 is amended as follows:(a) paragraph 1 is replaced by the following:"1. At the marketing stages other than the retail stages, plastic materials and articles which are intended to be placed in contact with foodstuffs shall be accompanied by a written declaration, which shall:(a) be in accordance with Article 6(5) of Directive 89/109/EEC;(b) provide, for substances which are subject to a restriction in food, adequate information obtained by experimental data or theoretical calculation about the level of their specific migration and, where appropriate, purity criteria in accordance with Commission Directives 95/31/EC(5), 95/45/EC(6) and 2002/82/EC(7) to enable the user of these materials and articles to comply with the relevant Community provisions or, in their absence, with national provisions applicable to food.";(b) paragraph 2 is deleted.8. Annexes II to VI are amended in accordance with Annexes I to V to this Directive.Article 21. Member States shall adopt and publish, by 1 September 2005 at the latest, the provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.They shall apply those provisions in such a way as to:(a) permit the trade in and use of plastic materials and articles intended to come into contact with foodstuffs and complying with this Directive, from 1 September 2005;(b) prohibit the manufacture and importation into the Community of plastic materials and articles intended to come into contact with foodstuffs and which do not comply with this Directive, from 1 March 2006.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.Article 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 1 March 2004.For the CommissionDavid ByrneMember of the Commission(1) OJ L 40, 11.2.1989, p. 38. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).(2) OJ L 220, 15.8.2002, p. 18. Directive as amended by Directive 2004/1/EC (OJ L 7, 13.1.2004, p. 45).(3) OJ L 40, 11.2.1989, p. 27.(4) OJ L 184, 15.7.1988, p. 61.(5) OJ L 178, 28.7.1995, p. 1.(6) OJ L 226, 22.9.1995, p. 1.(7) OJ L 292, 28.10.2002, p. 1.ANNEX IAnnex II to Directive 2002/72/EC is amended as follows:1. in point 8, the definition of QM is replaced by the following:"QM = Maximum permitted quantity of the 'residual' substance in the material or article. For the purpose of this Directive the quantity of the substance in the material or article shall be determined by a validated method of analysis. If such a method does not currently exist, an analytical method with appropriate performance characteristics at the specified limit may be used, pending the development of a validated method;";2. the following monomers and other starting substances are inserted, in the appropriate numerical order, in the table in section A:">TABLE>"3. for the following monomers and other starting substances listed in the table in section A, the content of the columns "Name" or "CAS No" or "Restrictions and/or specifications" is replaced by the following:">TABLE>"4. the following monomers and other starting substances are deleted from the table in section B and inserted, in the appropriate numerical order, in the table in section A:">TABLE>"5. The following monomers and other starting substances are deleted from the table in Section A:">TABLE>"ANNEX IIAnnex III is amended as follows:1. point 1 is replaced by the following:"1. This Annex contains the list of:(a) substances which are incorporated into plastics to achieve a technical effect in the finished product, including 'polymeric additives'. They are intended to be present in the finished articles;(b) substances used to provide a suitable medium in which polymerisation occurs.For the purposes of this Annex, the substances referred to in (a) and (b) are hereinafter referred to as 'additives'.For the purpose of this Annex, 'Polymeric additives' means any polymer and/or prepolymer and/or oligomer which may be added to plastics in order to achieve a technical effect but which cannot be used in absence of other polymers as the main structural component of finished materials and articles. It includes also substances which may be added to the medium in which polymerisation occurs.The list does not include:(a) the substances which directly influence the formation of polymers;(b) colorants;(c) solvents.";2. section A is amended as follows:(a) the following additives are inserted, in the appropriate numerical order, in the table in section A:">TABLE>"(b) for the following additives of section A, the content of the column "Restrictions and/or specifications" of the table is replaced by the following:">TABLE>"(c) the following additives are deleted from the table in section A:">TABLE>"3. section B is amended as follows:(a) the following additives are inserted, in the appropriate numerical order, in the table in section B:">TABLE>"(b) the following additives are deleted from the table in section B:">TABLE>"ANNEX IIIAnnex IV is replaced by the following:"ANNEX IVPRODUCTS OBTAINED BY MEANS OF BACTERIAL FERMENTATION>TABLE>"ANNEX IVIn Annex V the previous specifications in part B for reference No 16690 and 18888 are replaced by the following and new specifications are added for reference No 11530 and 77895">TABLE>"ANNEX VAnnex VI is replaced by the following:"ANNEX VINOTES RELATED TO THE COLUMN "RESTRICTIONS AND/OR SPECIFICATIONS"(1) Warning: there is a risk that the SML could be exceeded in fatty food simulants.(2) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as reference Nos: 10060 and 23920.(3) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as reference Nos: 15760, 16990, 47680, 53650 and 89440.(4) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as reference Nos: 19540, 19960 and 64800.(5) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as reference Nos: 14200, 14230 and 41840.(6) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as reference Nos: 66560 and 66580.(7) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 30080, 42320, 45195, 45200, 53610, 81760, 89200 and 92030.(8) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 38000, 42400, 64320, 67896, 73040, 85760, 85840, 85920 and 95725.(9) Warning: there is a risk that the migration of the substance deteriorates the organoleptic characteristics of the food in contact and then, that the finished product does not comply with the second indent of Article 2 of Directive 89/109/EEC.(10) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 30180, 40980, 63200, 65120, 65200, 65280, 65360, 65440 and 73120.(11) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels (expressed as Iodine) of the following substances mentioned as reference Nos: 45200, 64320, 81680 and 86800.(12) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 36720, 36800, 36840 and 92000.(13) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 39090 and 39120.(14) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 44960, 68078, 82020 and 89170.(15) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 15970, 48640, 48720, 48880, 61280, 61360 and 61600.(16) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 49600, 67520 and 83599.(17) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 50160, 50240, 50320, 50360, 50400, 50480, 50560, 50640, 50720, 50800, 50880, 50960, 51040 and 51120.(18) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 67600, 67680 and 67760.(19) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 60400, 60480 and 61440.(20) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 66400 and 66480.(21) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 93120 and 93280.(22) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 17260, 18670, 54880 and 59280.(23) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 13620, 36840, 40320 and 87040.(24) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 13720 and 40580.(25) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 16650 and 51570.(26) QM(T) in this specific case means that the restriction shall not be exceeded by the sum of the residual quantities of the following substances mentioned as reference Nos: 14950, 15700, 16240, 16570, 16600, 16630, 18640, 19110, 22332, 22420, 22570, 25210, 25240 and 25270.(27) QMA(T) in this specific case means that the restriction shall not be exceeded by the sum of the residual quantities of the following substances mentioned as reference Nos: 10599/90A, 10599/91, 10599/92A and 10599/93.(28) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 13480 and 39680.(29) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 22775 and 69920.(30) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 86480, 86960 and 87120(31) Compliance testing when there is a fat contact should be performed using saturated fatty food simulants as simulant D.(32) Compliance testing when there is a fat contact should be performed using isoctane as substitute of simulant D (unstable).(33) QMA(T) in this specific case means that the restriction shall not be exceeded by the sum of the residual quantities of the following substances mentioned as reference Nos: 14800 and 45600.(34) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances mentioned as reference Nos: 55200, 55280 and 55360."


title: Commission Directive 2011/31/EU of 7 March 2011 amending Council Directive 91/414/EEC as regards a restriction of the use of the active substance pirimiphos-methyl  Text with EEA relevance

text:
               8.3.2011

               EN

               Official Journal of the European Union

               L 61/18

         COMMISSION DIRECTIVE 2011/31/EU
   of 7 March 2011
   amending Council Directive 91/414/EEC as regards a restriction of the use of the active substance pirimiphos-methyl
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               In accordance with Article 5(5) of Directive 91/414/EEC an inclusion may be reviewed at any time if there are indications that the criteria referred to in paragraphs 1 and 2 of that Article are no longer satisfied.

               (2)

               By Commission Directive 2007/52/EC (2) pirimiphos-methyl was included as active substance in Annex I to Directive 91/414/EEC. The specific provision concerning that substance required the notifier however, to submit further studies confirming the operator exposure assessment.

               (3)

               On 22 September 2009 the notifier submitted such studies to the United Kingdom, which had been designated rapporteur Member State by Commission Regulation (EC) No 451/2000 (3).

               (4)

               The United Kingdom evaluated those studies and submitted to the Commission an addendum to the draft assessment report on 25 February 2010, which was circulated for comments to the other Member States, the European Food Safety Authority (EFSA) and the notifier. Account being taken of the draft assessment report, that addendum was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 28 January 2011 in the format of a revision of the Commission review report for pirimiphos-methyl of 16 March 2007.

               (5)

               The studies included in the review report, as finalised on 28 January 2011, show that the risk to operators is not acceptable when hand-held equipment is used.

               (6)

               Taking into account the draft assessment report, its addendum and the comments received from Member States, from EFSA and from the notifier, the conclusion continues to apply that plant protection products containing pirimiphos-methyl may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which have been examined and detailed in the Commission review report. It is, however, necessary to restrict the inclusion of pirimiphos-methyl by excluding hand-held applications.

               (7)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (8)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   Member States shall adopt and publish by 31 October 2011 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 November 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 3
   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing pirimiphos-methyl as active substance by 31 October 2011.
   Article 4
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 7 March 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 214, 17.8.2007, p. 3.

      (3)  OJ L 55, 29.2.2000, p. 25.

      ANNEX
      In Annex I to Directive 91/414/EEC, row 162 is replaced by the following:

                     ‘162

                     pirimiphos-methyl
                     CAS No 29232-93-7
                     CIPAC No 239

                        O-2-diethylamino-6-methylpyrimidin-4-yl

                        O,O- dimethylphosphorothioate

                     ≥ 880 g/kg

                     1 October 2007

                     30 September 2017

                     PART A
                     Only uses as insecticide for post harvest storage can be authorised.
                     Hand-held applications shall not be authorised.
                     PART B
                     In assessing applications to authorise plant protection products containing pirimiphos-methyl for uses other than applications with automated systems in empty cereals storehouses, Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorisation is granted.
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on pirimiphos-methyl, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 16 March 2007 shall be taken into account.
                     In this overall assessment Member States must pay particular attention to:

                                 —

                                 the operators safety. Authorised conditions of use must prescribe the application of adequate personal protective equipment including respiratory protective equipment and risk mitigation measures to reduce the exposure,

                                 —

                                 the dietary exposure of consumers in view of future revisions of Maximum Residue Levels.’


Avis juridique important

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31989L0360

Council Directive 89/360/EEC of 30 May 1989 amending Directive 64/432/EEC as regards administrative areas and a cessation of serological testing for brucellosis in certain types of swine

Official Journal L 153 , 06/06/1989 P. 0029 - 0029 Finnish special edition: Chapter 3 Volume 29 P. 0106  Swedish special edition: Chapter 3 Volume 29 P. 0106

*****COUNCIL  DIRECTIVE  of 30 May 1989  amending Directive 64/432/EEC as regards administrative areas and a cessation of serological testing for brucellosis in certain types of swine  (89/360/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 opinion of the European Parliament (1),  Whereas Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (2), as last amended by Directive 88/406/EEC (3), described part of a Member State's territory defined as a region;  Whereas, as a result of a change in administrative units, the Netherlands should be alowed to apply this unit within the context of intra-Community trade;  Whereas, owing to a diminution of disease combined with changing production patterns the requirement to blood-test certain types of swine entering intra-Community trade should be abandoned,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 64/432/EEC is hereby amended as follows:  1. In Article 2 (o), seventh indent, the term 'provincie' is replaced by the 'RVV-Kring'.  2. In Article 3 (4), the terms 'If the swine concerned weigh more than 25 kilograms' is replaced by 'If the swine concerned are breeding pigs aged more than four months'.  3. In Annex F, Model III, footnote 6 shall be replaced by the following: 'Tests for sero-agglutination and a complement fixation reaction shall only be applied to breeding pigs aged more than four months.'.  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 October 1989. Thesy shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 30 May 1989.  For the Council  The President  C. ROMERO HERRERA  (1) OJ No C 96, 17. 4. 1989.  (2) OJ No 121, 29. 7. 1964, p. 1977/64.  (3) OJ No L 194, 22. 7. 1988, p. 1.


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31994L0045

Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees

Official Journal L 254 , 30/09/1994 P. 0064 - 0072 Finnish special edition: Chapter 5 Volume 6 P. 0160  Swedish special edition: Chapter 5 Volume 6 P. 0160

COUNCIL DIRECTIVE 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employeesTHE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Agreement on social policy annexed to Protocol 14 on social policy annexed to the Treaty establishing the European Community, and in particular Article 2 (2) thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the Economic and Social Committee (2),  Acting in accordance with the procedure referred to in Article 189c of the Treaty (3),  Whereas, on the basis of the Protocol on Social Policy annexed to the Treaty establishing the European Community, the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French  Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Portuguese Republic (hereinafter referred to as 'the Member States'), desirous of implementing the Social Charter of 1989, have adopted an  Agreement on Social Policy;  Whereas Article 2 (2) of the said Agreement authorizes the Council to adopt minimum requirements by means of directives;  Whereas, pursuant to Article 1 of the Agreement, one particular objective of the Community and the Member States is to promote dialogue between management and labour;  Whereas point 17 of the Community Charter of Fundamental Social Rights of Workers provides, inter alia, that information, consultation and participation for workers must be developed along appropriate lines, taking account of the practices in force in  different Member States; whereas the Charter states that 'this shall apply especially in companies or groups of companies having establishments or companies in two or more Member States';  Whereas the Council, despite the existence of a broad consensus among the majority of Member States, was unable to act on the proposal for a Council Directive on the establishment of a European Works Council in Community-scale undertakings or groups of  undertakings for the purposes of informing and consulting employees (4), as amended on 3 December 1991 (5);  Whereas the Commission, pursuant to Article 3 (2) of the Agreement on Social Policy, has consulted management and labour at Community level on the possible direction of Community action on the informtion and consultation of workers in Community-scale  undertakings and Community-scale groups of undertakings;  Whereas the Commission, considering after this consultation that Community action was advisable, has again consulted management and labour on the content of the planned proposal, pursuant to Article 3 (3) of the said Agreement, and management and labour  have presented their opinions to the Commission;  Whereas, following this second phase of consultation, management and labour have not informed the Commission of their wish to initiate the process which might lead to the conclusion of an agreement, as provided for in Article 4 of the Agreement;  Whereas the functioning of the internal market involves a process of concentrations of undertakings, cross-border mergers, take-overs, joint ventures and, consequently, a transnationalization of undertakings and groups of undertakings; whereas, if  economic activities are to develop in a harmonious fashion, undertakings and groups of undertakings operating in two or more Member States must inform and consult the representatives of those of their employees that are affected by their decisions;  Whereas procedures for informing and consulting employees as embodied in legislation or practice in the Member States are often not geared to the transnational structure of the entity which takes the decisions affecting those employees; whereas this may  lead to the unequal treatment of employees affected by decisions within one and the same undertaking or group of undertakings;  Whereas appropriate provisions must be adopted to ensure that the employees of Community-scale undertakings are properly informed and consulted when decisions which affect them are taken in a Member State other than that in which they are employed;  Whereas, in order to guarantee that the employees of undertakings or groups of undertakings operating in two or more Member States are properly informed and consulted, it is necessary to set up European Works Councils or to create other suitable  procedures for the transnational information and consultation of employees;  Whereas it is accordingly necessary to have a definition of the concept of controlling undertaking relating solely to this Directive and not prejudging definitions of the concepts of group or control which might be adopted in texts to be drafted in the  future;  Whereas the mechanisms for informing and consulting employees in such undertakings or groups must encompass all of the establishments or, as the case may be, the group's undertakings located within the Member States, regardless of whether the  undertaking or the group's controlling undertaking has its central management inside or outside the territory of the Member States;  Whereas, in accordance with the principle of autonomy of the parties, it is for the representatives of employees and the management of the undertaking or the group's controlling undertaking to determine by agreement the nature, composition, the  function, mode of operation, procedures and financial resources of European Works Councils or other information and consultation procedures so as to suit their own particular circumstances;  Whereas, in accordance with the principle of subsidiarity, it is for the Member States to determine who the employees' representatives are and in particular to provide, if they consider appropriate, for a balanced representation of different categories  of employees;  Whereas, however, provision should be made for certain subsidiary requirements to apply should the parties so decide or in the event of the central management refusing to initiate negotiations or in the absence of agreement subsequent to such  negotiations;  Whereas, moreover, employees' representatives may decide not to seek the setting-up of a European Works Council or the parties concerned may decide on other procedures for the transnational information and consultation of employees;  Whereas, without prejudice to the possibility of the parties deciding otherwise, the European Works Council set up in the absence of agreement between the parties must, in order to fulfil the objective of this Directive, be kept informed and consulted  on the activities of the undertaking or group of undertakings so that it may assess the possible impact on employees' interests in at least two different Member States; whereas, to that end, the undertaking or controlling undertaking must be required to  communicate to the employees' appointed representatives general information concerning the interests of employees and information relating more specifically to those aspects of the activities of the undertaking or group of undertakings which affect  employees' interests; whereas the European Works Council must be able to deliver an opinion at the end of that meeting;  Whereas certain decisions having a significant effect on the interests of employees must be the subject of information and consultation of the employees' appointed representatives as soon as possible;  Whereas provision should be made for the employees' representatives acting within the framework of the Directive to enjoy, when exercising their functions, the same protection and guarantees similar to those provided to employees' representatives by the  legislation and/or practice of the country of employment; whereas they must not be subject to any discrimination as a result of the lawful exercise of their activities and must enjoy adequate protection as regards dismissal and other sanctions;  Whereas the information and consultation provisions laid down in this Directive must be implemented in the case of an undertaking or a group's controlling undertaking which has its central management outside the territory of the Member States by its  representative agent, to be designated if necessary, in one of the Member States or, in the absence of such an agent, by the establishment or controlled undertaking employing the greatest number of employees in the Member States;  Whereas special treatment should be accorded to Community-scale undertakings and groups of undertakings in which there exists, at the time when this Directive is brought into effect, an agreement, covering the entire workforce, providing for the  transnational information and consultation of employees;  Whereas the Member States must take appropriate measures in the event of failure to comply with the obligations laid down in this Directive,  HAS ADOPTED THIS DIRECTIVE:   SECTION I   GENERAL   Article 1   Objective  1. The purpose of this Directive is to improve the right to information and to consultation of employees in Community-scale undertakings and Community-scale groups of undertakings.  2. To that end, a European Works Council or a procedure for informing and consulting employees shall be established in every Community-scale undertaking and every Community-scale group of undertakings, where requested in the manner laid down in Article  5 (1), with the purpose of informing and consulting employees under the terms, in the manner and with the effects laid down in this Directive.  3. Notwithstanding paragraph 2, where a Community-scale group of undertakings within the meaning of Article 2 (1) (c) comprises one or more undertakings or groups of undertakings which are Community-scale undertakings or Community-scale groups of  undertakings within the meaning of Article 2 (1) (a) or (c), a European Works Council shall be established at the level of the group unless the agreements referred to in Article 6 provide otherwise.  4. Unless a wider scope is provided for in the agreements referred to in Article 6, the powers and competence of European Works Councils and the scope of information and consulation procedures established to achieve the purpose specified in paragraph 1  shall, in the case of a Community-scale undertaking, cover all the establishments located within the Member States and, in the case of a Community-scale group of undertakings, all group undertakings located within the Member States.  5. Member States may provide that this Directive shall not apply to merchant navy crews.   Article 2   Definitions  1. For the purposes of this Directive:  (a) 'Community-scale undertaking' means any undertaking with at least 1 000 employees within the Member States and at least 150 employees in each of at least two Member States;  (b) 'group of undertakings' means a controlling undertaking and its controlled undertakings;  (c) 'Community-scale group of undertakings' means a group of undertakings with the following characteristics:  - at least 1 000 employees within the Member States,  - at least two group undertakings in different Member States, and - at least one group undertaking with at least 150 employees in one Member State and at least one other group undertaking with at least 150 employees in another Member State;  (d) 'employees' representatives' means the employees' representatives provided for by national law and/or practice;  (e) 'central management' means the central management of the Community-scale undertaking or, in the case of a Community-scale group of undertakings, of the controlling undertaking;  (f) 'consultation' means the exchange of views and establishment of dialogue between employees' representatives and central management or any more appropriate level of management;  (g) 'European Works Council' means the council established in accordance with Article 1 (2) or the provisions of the Annex, with the purpose of informing and consulting employees;  (h) 'special negotiating body' means the body established in accordance with Article 5 (2) to negotiate with the central management regarding the establishment of a European Works Council or a procedure for informing and consulting employees in  accordance with Article 1 (2).  2. For the purposes of this Directive, the prescribed thresholds for the size of the workforce shall be based on the average number of employees, including part-time employees, employed during the previous two years calculated according to national  legislation and/or practice.   Article 3   Definition of 'controlling undertaking'  1. For the purposes of this Directive, 'controlling undertaking' means an undertaking which can exercise a dominant influence over another undertaking ('the controlled undertaking') by virtue, for example, of  ownership, financial participation or the rules which govern it.  2. The ability to exercise a dominant influence shall be presumed, without prejudice to proof to the contrary, when, in relation to another undertaking directly or indirectly:  (a) holds a majority of that undertaking's subscribed capital; or (b) controls a majority of the votes attached to that undertaking's issued share capital; or (c) can appoint more than half of the members of that undertaking's administrative, management or supervisory body.  3. For the purposes of paragraph 2, a controlling undertaking's rights as regards voting and appointment shall include the rights of any other controlled undertaking and those of any person or body acting in his or its own name but on behalf of the  controlling undertaking or of any other controlled undertaking.  4. Notwithstanding paragraphs 1 and 2, an undertaking shall not be deemed to be a 'controlling undertaking' with respect to another undertaking in which it has holdings where the former undertaking is a company referred to in Article 3 (5) (a) or (c) of  Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (6).  5. A dominant influence shall not be presumed to be exercised solely by virtue of the fact that an office holder is exercising his functions, according to the law of a Member State relating to liquidation, winding up, insolvency, cessation of payments,  compositions or analogous proceedings.  6. The law applicable in order to determine whether an undertaking is a 'controlling undertaking' shall be the law of the Member State which governs that undertaking.  Where the law governing that undertaking is not that of a Member State, the law applicable shall be the law of the Member State within whose territory the representative of the undertaking or, in the absence of such a representative, the central  management of the group undertaking which employs the greatest number of employees is situated.  7. Where, in the case of a conflict of laws in the application of paragraph 2, two or more undertakings from a group satisfy one or more of the criteria laid down in that paragraph, the undertaking which satisfies the criterion laid down in point (c)  thereof shall be regarded as the controlling undertaking, without prejudice to proof that another undertaking is able to exercise a dominant influence.   SECTION II   ESTABLISHMENT OF A EUROPEAN WORKS COUNCIL OR AN EMPLOYEE INFORMATION AND CONSULTATION PROCEDURE   Article 4   Responsibility for the establishment of a European Works Council or an employee information and consultation procedure  1. The central management shall be responsible for creating the conditions and means necessary for the setting up of a European Works  Council or an information and consultation procedure, as provided for in Article 1 (2), in a Community-scale undertaking and a Communuty-scale group of undertakings.  2. Where the central management is not situated in a Member State, the central management's representative agent in a Member State, to be designated if necessary, shall take on the responsibility referred to in paragraph 1.  In the absence of such a representative, the management of the establishment or group undertaking employing the greatest number of employees in any one Member State shall take on the responsiiblity referred to in paragraph 1.  3. For the purposes of this Directive, the representative or representatives or, in the absence of any such representatives, the management referred to in the second subparagraph of paragraph 2, shall be regarded as the central management.   Article 5   Special negotiating body  1. In order to achieve the objective in Article 1 (1), the central management shall initiate negotiations for the establishment of a European Works Council or an information and consultation procedure on its own initiative or  at the written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States.  2. For this purpose, a special negotiating body shall be established in accordance with the following guidelines:  (a) The Member States shall determine the method to be used for the election or appointment of the members of the special negotiating body who are to be elected or appointed in their territories.  Member States shall provide that employees in undertakings and/or establishments in which there are no employees' representatives throguh no fault of their own, have the right to elect or appoint members of the special negotiating body.  The second subparagraph shall be without prejudice to national legislation and/or practice laying down thresholds for the establishment of employee representation bodies.  (b) The special negotiating body shall have a minimum of three and a maximum of 17 members.  (c) In these elections or appointments, it must be ensured:  - firstly, that each Member State in which the Community-scale undertaking has one or more establishbments or in which the Community-scale group of undertakings has the controlling undertaking or one or more controlled undertakings is represented by one  member,  - secondly, that there are supplementary members in proportion to the number of employees working in the establishments, the controlling undertaking or the controlled undertakings as laid down by the legislation of the Member State within the territory  of which the central management is situated.  (d) The central management and local management shall be informed of the composition of the special negotiating body.  3. The special negotiating body shall have the task of determining, with the central management, by written agreement, the scope, composition, functions, and term of office of the European Works Council(s) or the arrangements for implementing a  procedure for the information and consultation of employees.  4. With a view to the conclusion of an agreement in accordance with Article 6, the central management shall convene a meeting with the special negotiating body. It shall inform the local managements accordingly.  For the purpose of the negotiations, the special negotiating body may be assisted by experts of its choice.  5. The special negotiating body may decide, by at least two-thirds of the votes, not to open negotiations in accordance with paragraph 4, or to terminate the negotiations already opened.  Such a decision shall stop the procedure to conclude the agreement referred to in Article 6. Where such a decision has been taken, the provisions in the Annex shall not apply.  A new request to convene the special negotiating body may be made at the earliest two years after the abovementioned decision unless the parties concerned lay down a shorter period.  6. Any expenses relating to the negotiations referred to in paragraphs 3 and 4 shall be borne by the central management so as to enable the special negotiating body to carry out its task in an appropriate manner.  In compliance with this principle, Member States may lay down budgetary rules regarding the operation of the special negotiating body. They may in particular limit the funding to cover one expert only.   Article 6   Content of the agreement  1. The central management and the special negotiating body must negotiate in a spirit of cooperation with a view to reaching an agreement on the detailed arrangements for implementing the information and consultation of  employees provided for in Article 1 (1).  2. Without prejudice to the autonomy of the parties, the agreement referred to in paragraph 1 between the central management and the special negotiating body shall determine:  (a) the undertakings of the Community-scale group of undertakings or the establishments of the Community-scale undertaking which are covered by the agreement;  (b) the composition of the European Works Council, the number of members, the allocation of seats and the term of office;  (c) the functions and the procedure for information and consultation of the European Works Council;  (d) the venue, frequency and duration of meetings of the European Works Council;  (e) the financial and material resources to be allocated to the European Works Council;  (f) the duration of the agreement and the procedure for its renegotiation.  3. The central management and the special negotiating body may decide, in writing, to establish one or more information and consultation procedures instead of a European Works Council.  The agreement must stipulate by what method the employees' representatives shall have the right to meet to discuss the information conveyed to them.  This information shall relate in particular to transnational questions which significantly affect workers' interests.  4. The agreements referred to in paragraphs 2 and 3 shall not, unless provision is made otherwise therein, be subject to the subsidiary requirements of the Annex.  5. For the purposes of concluding the agreements referred to in paragraphs 2 and 3, the special negotiating body shall act by a majority of its members.   Article 7   Subsidiary requirements  1. In order to achieve the objective in Article 1 (1), the subsidiary requirements laid down by the legislation of the Member State in which the central management is situated shall apply:  - where the central management and the special negotiating body so decide, or - where the central management refuses to commence negotiations within six months of the request referred to in Article 5 (1), or - where, after three years from the date of this request, they are unable to conclude an agreement as laid down in Article 6 and the special negotiating body has not taken the decision provided for in Article 5 (5).  2. The subsidiary requirements referred to in paragraph 1 as adopted in the legislation of the Member States must satisfy the provisions set out in the Annex.   SECTION III   MISCELLANEOUS PROVISIONS   Article 8   Confidential information  1. Member States shall provide that members of special negotiating bodies or of European Works Councils and any experts who assist them are not authorized to reveal any information which has expressly been provided to them in  confidence.  The same shall apply to employees' representatitves in the framework of an information and consultation procedure.  This obligation shall continue to apply, wherever the persons referred to in the first and second subparagraphs are, even after the expiry of their terms of office.  2. Each Member State shall provide, in specific cases and under the conditions and limits laid down by national legislation, that the central management situated in its territory is not obliged to transmit information when its nature is such that,  according to objective criteria, it would seriously harm the functioning of the undertakings concerned or would be prejudicial to them.  A Member State may make such dispensation subject to prior administrative or judicial authorization.  3. Each Member State may lay down particular provisions for the central management of undertakings in its territory which pursue directly and essentially the aim of ideological guidance with respect to information and the expression of opinions, on  condition that, at the date of adoption of this Directive such particular provisions already exist in the national legislation.   Article 9   Operation of European Works Council and information and consultation procedure for workers  The central management and the European Works Council shall work in a spirit of cooperation with due regard to their reciprocal rights and obligations.  The same shall apply to cooperation between the central management and employees' representatives in the framework of an information and consultation procedure for workers.   Article 10   Protection of employees' representatives  Members of special negotiating bodies, members of European Works Councils and employees' representatives exercising their functions under the procedure referred to in Article 6 (3) shall, in the exercise of  their functions, enjoy the same protection and guarantees provided for employees' representatives by the national legislation and/or practice in force in their country of employment.  This shall apply in particular to attendance at meetings of special negotiating bodies or European Works Councils or any other meetings within the framework of the agreement referred to in Article 6 (3), and the payment of wages for members who are on  the staff of the Community-scale undertaking or the Community-scale group of undertakings for the period of absence necessary for the performance of their duties.   Article 11   Compliance with this Directive  1. Each Member State shall ensure that the management of establishments of a Community-scale undertaking and the management of undertakings which form part of a Community-scale group of undertakings which are situated  within its territory and their employees' representatives or, as the case may be, employees abide by the obligations laid down by this Directive, regardless of whether or not the central management is situated within its territory.  2. Member States shall ensure that the information on the number of employees referred to in Article 2 (1) (a) and (c) is made available by undertakings at the request of the parties concerned by the application of this Directive.  3. Member States shall provide for appropriate measures in the event of failure to comply with this Directive; in particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from  this Directive to be enforced.  4. Where Member States apply Article 8, they shall make provision for administrative or judicial appeal procedures which the employees' representatives may initiate when the central management requires confidentiality or does not give information in  accordance with that Article.  Such procedures may include procedures designed to protect the confidentiality of the information in question.   Article 12   Link between this Directive and other provisions  1. This Directive shall apply without prejudice to measures taken pursuant to Council Directive 75/129/EEC of 17 February 1975 on the approximation of the laws of the Member States relating to collective  redundancies (7), and to Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of  businesses (8).  2. This Directive shall be without prejudice to employees' existing rights to information and consultation under national law.   Article 13   Agreements in force  1. Without prejudice to paragraph 2, the obligations arising from this Directive shall not apply to Community-scale undertakings or Community-scale groups of undertakings in which, on the date laid down in Article 14 (1) for the  implementation of this Directive or the date of its transposition in the Member State in question, where this is earlier than the abovementioned date, there is already an agreement, covering the entire workforce, providing for the transnational  information and consultation of employees.  2. When the agreements referred to in paragraph 1 expire, the parties to those agreements may decide jointly to renew them.  Where this is not the case, the provisions of this Directive shall apply.   Article 14   Final provisions  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 22 September 1996 or shall ensure by that date at the latest that management and labour  introduce the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them at all times to guarantee the results imposed by this Directive. They shall forthwith inform the Commission thereof.  2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member  States.   Article 15   Review by the Commission  Not later than 22 September 1999, the Commission shall, in consultation with the Member States and with management and labour at European level, review its operation and, in particular examine whether the workforce size  thresholds are appropriate with a view to proposing suitable amendments to the Council, where necessary.   Article 16  This Directive is addressed to the Member States.  Done at Brussels, 22 September 1994.  For the Council The President N. BLUEM  (1) OJ No C 135, 18. 5. 1994, p. 8 and OJ No C 199, 21. 7. 1994, p. 10.  (2) Opinion delivered on 1 June 1994 (not yet published in the Official Journal).  (3) Opinion of the European Parliament of 4 May 1994 (OJ No C 205, 25. 7. 1994) and Council common position of 18 July 1994 (OJ No C 244, 31. 8. 1994, p. 37).  (4) OJ No C 39, 15. 2. 1991, p. 10.  (5) OJ No C 336, 31. 12. 1991, p. 11.  (6) OJ No L 395, 30. 12. 1989, p. 1.  (7) OJ No L 48, 22. 2. 1975, p. 29. Regulation as last amended by Directive 92/56/EEC (OJ No L 245, 26. 8. 1992, p. 3).  (8) OJ No L 61, 5. 3. 1977, p. 26.      ANNEX   SUBSIDIARY REQUIREMENTS  referred to in Article 7 of the Directive 1. In order to achieve the objective in Article 1 (1) of the Directive and in the cases provided for in Article 7 (1) of the Directive, the establishment, composition and competence of a European Works Council shall be governed by the following rules:  (a) The competence of the European Works Council shall be limited to information and consultation on the matters which concern the Community-scale undertaking or Community-scale group of undertakings as a whole or at least two of its establishments or  group undertakings situated in different Member States.  In the case of undertakings or groups of undertakings referred to in Article 4 (2), the competence of the European Works Council shall be limited to those matters concerning all their establishments or group undertakings situated within the Member  States or concerning at least two of their establishments or group undertakings situated in different Member States.  (b) The European Works Council shall be composed of employees of the Community-scale undertaking or Community-scale group of undertakings elected or appointed from their number by the employees' representatives or, in the absence thereof, by the entire  body of employees.  The election or appointment of members of the European Works Council shall be carried out in accordance with national legislation and/or practice.  (c) The European Works Council shall have a minimum of three members and a maximum of 30.  Where its size so warrants, it shall elect a select committee from among its members, comprising at most three members.  It shall adopt its own rules of procedure.  (d) In the election or appointment of members of the European Works Council, it must be ensured:  - firstly, that each Member State in which the Community-scale undertaking has one or more establishments or in which the Community-scale group of undertakings has the controlling undertaking or one or more controlled undertakings is represented by one  member,  - secondly, that there are supplementary members in proportion to the number of employees working in the establishments, the controlling undertaking or the controlled undertakings as laid down by the legislation of the Member State within the territory  of which the central management is situated.  (e) The central management and any other more appropriate level of management shall be informed of the composition of the European Works Council.  (f) Four years after the European Works Council is established it shall examine whether to open negotiations for the conclusion of the agreement referred to in Article 6 of the Directive or to continue to apply the subsidiary requirements adopted in  accordance with this Annex.  Articles 6 and 7 of the Directive shall apply, mutatis mutandis, if a decision has been taken to negotiate an agreement according to Article 6 of the Directive, in which case 'special negotiating body' shall be replaced by 'European Works Council'.  2. The European Works Council shall have the right to meet with the central management once a year, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale  undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly.  The meeting shall relate in particular to the structure, economic and financial situation, the probable development of the business and of production and sales, the situation and probable trend of employment, investments, and substantial changes  concerning organization, introduction of new working methods or production processes, transfers of production, mergers, cut-backs or closures of undertakings, establishments or important parts thereof, and collective redundancies.  3. Where there are exceptional circumstances affecting the employees' interests to a considerable extent, particularly in the event of relocations, the closure of establishments or undertakings or collective redundancies, the select committee or, where  no such committee exists, the European Works Council shall have the right to be informed. It shall have the right to meet, at its request, the central management, or any other more appropriate level of management within the Community-scale undertaking  or group of undertakings having its own powers of decision, so as to be informed and consulted on measures significantly affecting employees' interests.  Those members of the European Works Council who have been elected or appointed by the establishments and/or undertakings which are directly concerned by the measures in question shall also have the right to participate in the meeting organized with the  select committee.  This information and consultation meeting shall take place as soon as possible on the basis of a report drawn up by the central management or any other appropriate level of management of the Communityscale undertaking or group of undertakings, on which  an opinion may be delivered at the end of the meeting or within a reasonable time.  This meeting shall not affect the prerogatives of the central management.  4. The Member States may lay down rules on the chairing of information and consultation meetings.  Before any meeting with the central management, the European Works Council or the select committee, where necessary enlarged in accordance with the second paragraph of point 3, shall be entitled to meet without the management concerned being present.  5. Without prejudice to Article 8 of the Directive, the members of the European Works Council shall inform the representatives of the employees of the establishments or of the undertakings of a Communityscale group of undertakings or, in the absence of  representatives, the workforce as a whole, of the content and outcome of the information and consultation procedure carried out in accordance with this Annex.  6. The European Works Council or the select committee may be assisted by experts of its choice, in so far as this is necessary for it to carry out its tasks.  7. The operating expenses of the European Works Council shall be borne by the central management.  The central management concerned shall provide the members of the European Works Council with such financial and material resources as enable them to perform their duties in an appropriate manner.  In particular, the cost of organizing meetings and arranging for interpretation facilities and the accomodation and travelling expenses of members of the European Works Council and its select committee shall be met by the central management unless  otherwise agreed.  In compliance with these principles, the Member States may lay down budgetary rules regarding the operation of the European Works Council. They may in particular limit funding to cover one expert only.


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31964L0221

Council Directive 64/221/EEC of 25 February 1964 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health

Official Journal 056 , 04/04/1964 P. 0850 - 0857 Finnish special edition: Chapter 5 Volume 1 P. 0028  Danish special edition: Series I Chapter 1963-1964 P. 0109  Swedish special edition: Chapter 5 Volume 1 P. 0028  English special edition: Series I Chapter 1963-1964 P. 0117  Greek special edition: Chapter 05 Volume 1 P. 0016  Spanish special edition: Chapter 05 Volume 1 P. 0036  Portuguese special edition Chapter 05 Volume 1 P. 0036

COUNCIL DIRECTIVE of 25 February 1964 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health (64/221/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 56 (2) thereof;  Having regard to Council Regulation No 15 of 16 August 1961 1 on initial measures to bring about free movement of workers within the Community, and in particular Article 47 thereof;  Having regard to Council Directive of 16 August 1961 2 on administrative procedures and practices governing the entry into and employment and residence in a Member State of workers and their families from other Member States of the Community;  Having regard to the General Programmes 3 for the abolition of restrictions on freedom of establishment and on freedom to provide services, and in particular Title II of each such programme;  Having regard to the Council Directive of 25 February 1964 4 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 5;  Having regard to the Opinion of the Economic and Social Committee 6;  Whereas co-ordination of provisions laid down by law, regulation or administrative action which provide for special treatment for foreign nationals on grounds of public policy, public security or public health should in the first place deal with the conditions for entry and residence of nationals of Member States moving within the Community either in order to pursue activities as employed or self-employed persons, or as recipients of services;  Whereas such co-ordination presupposes in particular an approximation of the procedures followed in each Member State when invoking grounds of public policy, public security or public health in matters connected with the movement or residence of foreign nationals;  Whereas, in each Member State, nationals of other Member States should have adequate legal remedies available to them in respect of the decisions of the administration in such matters;  Whereas it would be of little practical use to compile a list of diseases and disabilities which might endanger public health, public policy or public security and it would be difficult to make such a list exhaustive ; whereas it is sufficient to classify such diseases and disabilities in groups;  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. The provisions of this Directive shall apply to any national of a Member State who resides in or travels to another Member State of the Community, either in order to pursue an activity as an employed or self-employed person, or as a recipient of services.  2. These provisions shall apply also to the spouse and to members of the family who come within the  1 OJ No 57, 26.8.1961, p. 1073/61.  2 OJ No 80, 13.12.1961, p. 1513/61.  3 OJ No 2, 15.1.1962, pp. 32/62 and 36/62.  4 OJ No 56, 4.4.1964, p. 845/64.  5 OJ No 134, 14.12.1962, p. 2861/62.  6 OJ No 56, 4.4.1964, p. 856/64.  provisions of the regulations and directives adopted in this field in pursuance of the Treaty.   Article 2 1. This Directive relates to all measures concerning entry into their territory, issue or renewal of residence permits, or expulsion from their territory, taken by Member States on grounds of public policy, public security or public health.  2. Such grounds shall not be invoked to service economic ends.   Article 3 1. Measures taken on grounds of public policy or of public security shall be based exclusively on the personal conduct of the individual concerned.  2. Previous criminal convictions shall not in themselves constitute grounds for the taking of such measures.  3. Expiry of the identity card or passport used by the person concerned to enter the host country and to obtain a residence permit shall not justify expulsion from the territory.  4. The State which issued the identity card or passport shall allow the holder of such document to re-enter its territory without any formality even if the document is no longer valid or the nationality of the holder is in dispute.   Article 4 1. The only diseases or disabilities justifying refusal of entry into a territory or refusal to issue a first residence permit shall be those listed in the Annex to this Directive.  2. Diseases or disabilities occurring after a first residence permit has been issued shall not justify refusal to renew the residence permit or expulsion from the territory.  3. Member States shall not introduce new provisions or practices which are more restrictive than those in force at the date of notification of this Directive.   Article 5 1. A decision to grant or to refuse a first residence permit shall be taken as soon as possible and in any event not later than six months from the date of application for the permit.  The person concerned shall be allowed to remain temporarily in the territory pending a decision either to grant or to refuse a residence permit.  2. The host country may, in cases where this is considered essential, request the Member State of origin of the applicant, and if need be other Member States, to provide information concerning any previous police record. Such enquiries shall not be made as a matter of routine. The Member State consulted shall give its reply within two months.   Article 6 The person concerned shall be informed of the grounds of public policy, public security, or public health upon which the decision taken in his case is based, unless this is contrary to the interests of the security of the State involved.   Article 7 The person concerned shall be officially notified of any decision to refuse the issue or renewal of a residence permit or to expel him from the territory. The period allowed for leaving the territory shall be stated in this notification. Save in cases of urgency, this period shall be not less than fifteen days if the person concerned has not yet been granted a residence permit and not less than one month in all other cases.   Article 8 The person concerned shall have the same legal remedies in respect of any decision concerning entry, or refusing the issue or renewal of a residence permit, or ordering expulsion from the territory, as are available to nationals of the State concerned in respect of acts of the administration.   Article 9 1. Where there is no right of appeal to a court of law, or where such appeal may be only in respect of the legal validity of the decision, or where the appeal cannot have suspensory effect, a decision refusing renewal of a residence permit or ordering the expulsion of the holder of a residence permit from the territory shall not be taken by the administrative authority, save in cases of urgency, until an opinion has been obtained from a competent authority of the host country before which the person concerned enjoys  such rights of defence and of assistance or representation as the domestic law of that country provides for.  This authority shall not be the same as that empowered to take the decision refusing renewal of the residence permit or ordering expulsion.  2. Any decision refusing the issue of a first residence permit or ordering expulsion of the person concerned before the issue of the permit shall, where that person so requests, be referred for consideration to the authority whose prior opinion is required under paragraph I. The person concerned shall then be entitled to submit his defence in person, except where this would be contrary to the interests of national security.   Article 10 1. Member States shall within six months of notification of this Directive put into force the measures necessary to comply with its provisions and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field governed by this Directive are communicated to the Commission.   Article 11 This Directive is addressed to the Member States.     Done at Brussels, 25 February 1964.  For the Council  The President  H. FAYAT    ANNEX    A. Diseases which might endanger public health:      1. Diseases subject to quarantine listed in International Health Regulation No 2 of the World Health Organisation of 25 May 1951;           2. Tuberculosis of the respiratory system in an active state or showing a tendency to develop;           3. Syphilis;           4. Other infectious diseases or contagious parasitic diseases if they are the subject of provisions for the protection of nationals of the host country.                  B. Diseases and disabilities which might threaten public policy or public security:      1. Drug addiction;           2. Profound mental disturbance ; manifest conditions of psychotic disturbance with agitation, delirium, hallucinations or confusion.


Avis juridique important

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31999L0086

Council Directive 1999/86/EC of 11 November 1999 adapting to technical progress Directive 76/763/EEC on the approximation of the laws of the Member States relating to passenger seats for wheeled agricultural or forestry tractors

Official Journal L 297 , 18/11/1999 P. 0022 - 0023

COUNCIL DIRECTIVE 1999/86/ECof 11 November 1999adapting to technical progress Directive 76/763/EEC on the approximation of the laws of the Member States relating to passenger seats for wheeled agricultural or forestry tractorsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors(1), and in particular Article 11 thereof,Having regard to Council Directive 76/763/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to passenger seats for wheeled agricultural or forestry tractors(2), and in particular Article 4 thereof,Having regard to the proposal from the Commission,Whereas:(1) The objective of this Directive is to improve the current design of passenger seats; in response to the comments made by certain Member States, further provisions on passenger seats need to be introduced at a later stage, with a view to increasing passenger safety;(2) In order to increase safety, any obstruction hampering the driver should be avoided;(3) The Committee for Adaptation to Technical Progress established by Directive 74/150/EEC failed to deliver an opinion within the time allowed by its Chairman,HAS ADOPTED THIS DIRECTIVE:Article 1The Annex to Directive 76/763/EEC is hereby amended as shown in the Annex hereto.Article 21. From 1 January 2001, no Member State may:- refuse, in respect of any type of tractor, to grant EC type-approval, to issue the document referred to in the third indent of Article 10(1) of Directive 74/150/EEC, or to grant national type-approval, or- prohibit the entry into service of tractors;if those tractors meet the requirements of Directive 76/763/EEC, as amended by this Directive.2. From 1 October 2001, Member States:- shall no longer issue the document provided for in the third indent of Article 10(1) of Directive 74/150/EEC for any type of tractor,- may refuse to grant national type-approval in respect of any type of tractor;that does not meet the requirements of Directive 76/763/EEC, as amended by this Directive.Article 3Before 1 October 2002, and in accordance with the procedure laid down in Article 13(3) of Directive 74/150/EEC, the Commission shall further amend Directive 76/763/EEC in order to introduce additional provisions on passenger seats with a view to further increasing passenger safety.Article 41. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 2001. They shall forthwith inform the Commission thereof.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the text of the main provisions of domestic law that they adopt in the field governed by this Directive.Article 5This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 6This Directive is addressed to the Member States.Done at Brussels, 11 November 1999.For the CouncilThe PresidentS. HASSI(1) OJ L 84, 28.3.1974, p. 10. Directive as last amended by Directive 97/54/EC of the European Parliament and of the Council (OJ L 277, 10.10.1997, p. 24).(2) OJ L 262, 27.9.1976, p. 135. Directive as last amended by Directive 97/54/EC (OJ L 277, 10.10.1997, p. 24).ANNEXIn the Annex to Directive 76/763/EEC, Part II is amended as follows: 1. Items 2 and 3 are replaced by the following: "2. Each seat shall incorporate a lateral support for position-maintenance purposes and be fitted with a back rest that is at least 200 mm deep. That dimension shall not apply if the seat backrest forms part of the cab or roll-over protection structure. The seat cushion shall be either padded or elastic.3. A suitable support for the passenger's feet must be provided, as must suitable grab handles, in order to ease access to the passenger seat and to help the passenger to remain in position on that seat."2. The first sentence of the second paragraph of Item 4 is replaced by the following: "The upper part of the clearance allowed for the passenger may be limited at the rear and sides, only by a radius not exceeding 300 mm (see appended drawing)."3. Item 6 is deleted.