Avis juridique important

|

32004L0014

Commission Directive 2004/14/EC of 29 January 2004 amending Directive 93/10/EEC relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs (Text with EEA relevance)

Official Journal L 027 , 30/01/2004 P. 0048 - 0051

Commission Directive 2004/14/ECof 29 January 2004amending Directive 93/10/EEC relating to materials and articles made of regenerated cellulose film 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), as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council(2), and in particular Article 3 thereof,After consulting the Scientific Committee on Food,Whereas:(1) Commission Directive 93/10/EEC of 15 March 1993 relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs(3), as amended by Directive 93/111/EC(4), applies to regenerated cellulose film and establishes a list of authorised substances together with restrictions on their use. That Directive covers regenerated cellulose films uncoated or coated with coatings manufactured only with substances listed therein.(2) Further to technological developments, it is necessary to authorise a new type of regenerated cellulose film with a coating consisting of plastics, which is compostable and biodegradable. This new type of regenerated cellulose film is consistent with the environmental requirements of Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste(5), as amended by Regulation (EC) No 1882/2003. Accordingly, such authorisation is in the interest of consistency of Community legislation.(3) The rules to be applied to the regenerated cellulose films should be specific to the nature of the layer in contact with the foodstuff. Accordingly, the requirements for regenerated cellulose films coated with coatings consisting of plastics should be different from those provided for regenerated cellulose films uncoated or coated with coatings derived from cellulose.(4) Only authorised substances should be used in the manufacture of all the types of regenerated cellulose films, including regenerated cellulose films coated with plastics.(5) In the case of regenerated cellulose films coated with coatings consisting of plastics, the layer in contact with foodstuffs consists of a material similar to plastic materials and articles intended to come into contact with foodstuffs. Therefore it is appropriate that the rules provided for in Commission Directive 2002/72/EC of 6 August 2002 relating to plastic materials and articles intended to come into contact with foodstuffs(6) should be applicable also to such films.(6) In the interest of consistency of Community legislation, the verification of compliance of plastic-coated regenerated cellulose films with the migration limits set by Directive 2002/72/EC should be carried out according to the rules laid down in Council Directive 82/711/EEC of 18 October 1982 laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs(7), as last amended by Commission Directive 97/48/EC(8), and Council Directive 85/572/EEC of 19 December 1985 laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs(9).(7) A number of polymers used as coatings should be deleted from the list of authorised substances set out in Directive 93/10/EEC as they are covered by the rules set out in Directive 2002/72/EC which apply to plastic-coated regenerated cellulose films.(8) Four solvents should also be deleted from the list of authorised substances set out in Directive 93/10/EEC as new data are available showing a risk for reproduction and because they are no longer used in the manufacture of regenerated cellulose films. In addition, some plasticisers, which are no longer used, should also be deleted from that list.(9) In addition, the restriction on the use of 2-ethylhexyl diphenyl phosphate (synonym: phosphoric acid diphenyl 2-ethylhexyl ester) set out in Directive 93/10/EEC should be amended to take into account the opinion of the Scientific Committee on Food of 19 March 1998.(10) Directive 93/10/EEC should therefore be amended accordingly.(11) 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 93/10/EEC is amended as follows:1. In Article 1(3), point (a) is deleted.2. The following Article 1a is inserted:"Article 1aThe regenerated cellulose films referred to in Article 1(2) shall belong to one of the following types:(a) uncoated regenerated cellulose film;(b) coated regenerated cellulose film with coating derived from cellulose;or(c) coated regenerated cellulose film with coating consisting of plastics."3. Article 2(1) is replaced by the following:"1. Regenerated cellulose films referred to in points (a) and (b) of Article 1a shall be manufactured using only substances or groups of substances listed in Annex II subject to the restrictions set out therein."4. The following Article 2a is inserted:"Article 2a1. Regenerated cellulose film referred to in Article 1a(c) shall be manufactured, prior to coating, using only substances or groups of substances listed in the first part of Annex II, subject to the restrictions set out therein.2. The coating to be applied to the regenerated cellulose film referred to in paragraph 1 shall be manufactured using only substances or groups of substances listed in Annexes II to VI to Directive 2002/72/EC, subject to the restrictions set out therein.3. Without prejudice to paragraph 1, materials and articles made of regenerated cellulose film referred to in Article 1a(c) shall comply with Articles 2, 7 and 8 of Directive 2002/72/EC."5. Annex II is amended in accordance with the Annex to this Directive.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 29 July 2005 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.Member States shall apply those provisions in such a way as to:(a) permit the trade in and use of regenerated cellulose film which is intended to come into contact with foodstuffs complying with this Directive, from 29 July 2005;(b) prohibit the manufacture and importation into the Community of regenerated cellulose film which is intended to come into contact with foodstuffs and which does not comply with the provisions of this Directive as from 29 January 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, 29 January 2004.For the CommissionDavid ByrneMember of the Commission(1) OJ L 40, 11.2.1989, p. 38.(2) OJ L 284, 31.10.2003, p. 1.(3) OJ L 93, 17.4.1993, p. 27.(4) OJ L 310, 14.12.1993, p. 41.(5) OJ L 365, 31.12.1994, p. 10.(6) OJ L 220, 15.8.2002, p. 18.(7) OJ L 297, 23.10.1982, p. 26.(8) OJ L 222, 12.8.1997, p. 10.(9) OJ L 372, 31.12.1985, p. 14.ANNEXThe second part of Annex II to Directive 93/10/EEC is amended as follows:1. In the third line (C. Coating) of the second column (Restrictions) of the table: "Not more than 50 mg of coating/dm2 of film on the side in contact with foodstuffs" is deleted.2. The following polymers and their restrictions are deleted from the table:">TABLE>"3. For resins, the content of the column "Restrictions" of the table is replaced by the following:">TABLE>"4. The following plasticisers and their restrictions are deleted from the table:">TABLE>"5. For the following plasticiser, the content of the column "Restrictions" of the table is replaced by the following:">TABLE>"6. The following solvents are deleted from the table:">TABLE>"


Avis juridique important

|

32001L0033

Commission Directive 2001/33/EC of 8 May 2001 amending certain annexes to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

Official Journal L 127 , 09/05/2001 P. 0042 - 0044

Commission Directive 2001/33/ECof 8 May 2001amending certain annexes to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the CommunityTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), and in particular Article 14(c) thereof,Having regard to the requests made by Denmark, France, Ireland, Italy, Austria, Portugal and the United Kingdom,Whereas:(1) From information supplied by United Kingdom and Sweden it appears that following local government reorganisation, the current descriptin of the respective protected zones in respect of Dendroctonus micans Kugelan and Leptinotarsa decemlineata Say should be modified.(2) Certain provisions on protective measures in Denmark against Bemisia tabaci Genn. (European populations) and tomato spotted wilt virus, in Portugal against Gonipterus scutellatus Gyll., in the United Kingdom and in Ireland against Pissodes spp. (European), and in France, Italy and Austria against Erwinia amylovora (Burr.) Winsl. et al. should be modified to take into account the present distribution of these organisms in the respective countries.(3) The amendments are in agreement with the requests of the Member States concerned.(4) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1Annexes I to IV to Directive 2000/29/EC shall be amended in accordance with the Annex to this Directive.Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 May 2001. They shall apply them from 22 May 2001. They shall immediately inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The procedure for such a reference shall be adopted by Member States.Member States shall immediately communicate to the Commission the essential provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.It shall apply from 22 May 2001.Article 4This Directive is addressed to the Member States.Done at Brussels, 8 May 2001.For the CommissionDavid ByrneMember of the Commission(1) OJ L 169, 10.7.2000, p. 1.ANNEX1. In Annex I, Part B(a), point 1 , in the right hand column "DK" is deleted.2. In Annex I, Part B(a), point 3 , the text in the right-hand column is replaced by the following: "E (Ibiza and Menorca) IRL, P (Azores and Madeira), FI (the districts of Åland, Häme, Kymi, Pirkanmaa, Satakunta, Turku, Uusimaa), S (countries of Blekinge, Gotlands, Halland, Kalmar and Skåne), UK"3. In Annex I, Part B(b), point 2 , in the right hand column "DK" is deleted.4. In Annex II, Part B(a) point 3 , the text in the right-hand column is replaced by the following: "EL, IRL, UK (Scotland, Northern Ireland, Jersey, England: the following counties, districts and unitary authorities: Barnsley, Bath and North East Somerset, Bedfordshire, Bournemouth, Bracknell Forest, Bradford, Bristol, Brighton and Hove, Buckinghamshire, Calderdale, Cambridgeshire, Cornwall, Cumbria, Darlington, Devon, Doncaster, Dorset, Durham, East Riding of Yorkshire, East Sussex, Essex, Gateshead, Greater London, Hampshire, Hartlepool, Hertfordshire, Kent, Kingston Upon Hull, Kirklees, Leeds, Leicester City, Lincolnshire, Luton, Medway Council, Middlesbrough, Milton Keynes, Newbury, Newcastle Upon Tyne, Norfolk, Northamptonshire, Northumberland, North Lincolnshire, North East Lincolnshire, North Tyneside, North West Somerset, Nottingham City, Nottinghamshire, Oxfordshire, Peterborough, Plymouth, Poole, Portsmouth, Reading, Redcar and Cleveland, Rochdale, Rotherham, Rutland, Sheffield, Slough, Somerset, Southend, Southampton, South Tyneside, Stockton-on-Tees, Suffolk, Sunderland, Surrey, Swindon, Thurrock, Torbay, Wakefield, West Sussex, Windsor and Maidenhead, Wokingham, York, the Isle of Man, the Isle of Wight, the Isles of Scilly, and the following parts of counties districts and unitary authorities: Derby City: that part of the unitary authority which lies to the north of the northern boundary of the A52(T) road together with that part of the unitary authority which lies to the north of the A6(T) road; Derbyshire: that part of the county which lies to the north of the northern boundary of the A52(T) road, and that part of the county which lies to the north of the northern boundary of the A6(T) road, Gloucestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; Leicestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road, together with that part of the county which lies to the east of the eastern boundary of the B4114 road, and that part of the county which lies to the east of the eastern boundary of the M1 motorway; North Yorkshire: the whole county, except that part of the county which comprises the district of Craven; South Gloucestershire: that part of the unitary authority which lies to the south of the southern boundary of the M4; Warwickshire: that part of the county which lies to the east of the eastern boundary of the Fosse Way road; Wiltshire: the part of the county which lies to the south of the southern boundary of the M4 motorway, and that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road)."5. In Annex II, Part B(a), point 5 , the text in the right-hand column is replaced by the following: "EL, P (Azores; district of Beja: all concelhos; district of Castelo Branco: concelhos de Castelo Branco, Fundão and Penamacôr, Idanha-a-Nova; district of Évora with the exception of concelhos de Montemor-O-Novo, Mora and Vendas Novas; district of Faro: all concelhos; district of Portalegre: concelhos de Arronches, Campo Maior, Elvas, Fronteira, Monforte and Sousel)".6. In Annex II, Part B(a) , point 8 is deleted.7. In Annex II, Part (B)(b), point 2 , the text in the right-hand column is replaced by the following: "E, F (Corsica), IRL, I (Abruzzi; Basilicata; Calabria; Campania; Emilia-Romagna; provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguaria; Lombardy; Marche; Molise; Piedmont; Apulia, Sardinia, Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto), A (Burgenland, Corinthia, Lower Austria, East Tyrol, Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)".8. In Annex III, Part B, point 1 , the text in the right-hand column is replaced by the following: "E, F (Corsica), IRL, I (Abruzzi; Basilicata; Calabria; Campania; Emilia-Romagna; provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Apulia, Sardinia, Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto), A (Burgenland, Corinthia, Lower Austria, East Tyrol, Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)"9. In Annex IV, Part B, points 1, 7 and 14.1 , the next in the right-hand column is replaced by the following: "EL, IRL, UK (Scotland, Northern Ireland, Jersey, England: the following counties, districts and unitary authorities: Barnsley, Bath and North East Somerset, Bedfordshire, Bournemouth, Bracknell Forest, Bradford, Bristol, Brighton and Hove, Buckinghamshire, Calderdale, Cambridgeshire, Cornwall, Cumbria, Darlington, Devon, Doncaster, Dorset, Durham, East Riding of Yorkshire, East Sussex, Essex, Gateshead, Greater London, Hampshire, Hartlepool, Hertfordshire, Kent, Kingston Upon Hull, Kirklees, Leeds, Leicester City, Lincolnshire, Luton, Medway Council, Middlesbrough, Milton Keynes, Newbury, Newcastle Upon Tyne, Norfolk, Northamptonshire, Northumberland, North Lincolnshire, North East Lincolnshire, North Tyneside, North West Somerset, Nottingham City, Nottinghamshire, Oxfordshire, Peterborough, Plymouth, Poole, Portsmouth, Reading, Redcar and Cleveland, Rochdale, Rotherham, Rutland, Sheffield, Slough, Somerset, Southend, Southampton, South Tyneside, Stockton-on-Tees, Suffolk, Sunderland, Surrey, Swindon, Thurrock, Torbay, Wakefield, West Sussex, Windsor and Maidenhead, Wokingham, York, the Isle of Man, the Isle of Wight, the Isles of Scilly and the following parts of counties districts and unitary authorities: Derby City: that part of the unitary authority which lies to the north of the northern boundary of the A52(T) road together with that part of the unitary authority which lies to the north of the road together with that part of the unitary authority which lies to the north of the northern boundary of the A52(T) road, and that part of the county which lies to the north of the northern boundary of the A6(T) road; Gloucestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; Leicestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road, together with that part of the county which lies to the east of the eastern boundary of the B4114 road, and that part of the county which lies to the east of the eastern boundary of the M1 motorway; North Yorkshire: the whole county, except that part of the county which comprises the district of Craven; South Gloucestershire: that part of the unitary authority which lies to the south of the southern boundary of the M4; Warwickshire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; Wiltshire: that part of the county which lies to the south of the southern boundary of the M4 motorway, and that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road)"10. In Annex IV, Part B , points 6.1, 13 and 14.8 are deleted.11. In Annex IV, Part B, point 19 , the text in the right-hand column is replaced by the following: "EL, P (Azores; district of Beja: all concelhos; district of Castelo Branco: concelhos de Castelo Branco, Fundão and Penamacôr, Idanha-a-Nova; district of Évora with the exception of concelhos de Montemor-o-Novo, Mora and Vendas Novas; district of Faro: all concelhos; district of Portalegre: concelhos de Arronches, Campo Maior, Elvas, Fronteira, Monforte and Sousel)"12. In Annex IV, Part B, point 21 , the text in the right-hand column is replaced by the following: "E, F (Corsica), IRL, I (Abruzzi; Basilicata; Calabria; Campania; Emilia-Romagna; provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Apulia; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto), A (Burgenland), Carinthia, Lower Austria, East Tyrol, Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)"13. In Annex IV, Part B, point 24 , in the right hand column "DK" is deleted.


Avis juridique important

|

31965L0001

Council Directive 65/1/EEC of 14 December 1964 laying down detailed provisions for the attainment of freedom to provide services in agriculture and horticulture

Official Journal 001 , 08/01/1965 P. 0001 - 0006 Finnish special edition: Chapter 6 Volume 1 P. 0035  Danish special edition: Series I Chapter 1965-1966 P. 0003  Swedish special edition: Chapter 6 Volume 1 P. 0035  English special edition: Series I Chapter 1965-1966 P. 0003  Greek special edition: Chapter 06 Volume 1 P. 0052  Spanish special edition: Chapter 06 Volume 1 P. 0057  Portuguese special edition Chapter 06 Volume 1 P. 0057

DIRECTIVE OF THE COUNCIL  of 14 December 1964  laying down detailed provisions for the attainment of freedom to provide services in agriculture and horticulture  (65/1/EEC) THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 63 (2) and (3) and 227 (2) thereof; Having regard to the General Programme for the abolition of restrictions on freedom to provide services, (1) and in particular Title V C (d) thereof; Having regard to the proposal from the Commission; Having regard to the Opinion of the European Parliament (2); Having regard to the Opinion of the Economic and Social Committee (3); Whereas the General Programme includes a special timetable for the abolition of restrictions in agriculture and horticulture ; whereas it is provided that such restrictions shall be abolished by 31 December 1963 in respect of one group of services, by the end of the second stage of the transitional period in respect of a second group and during the third stage in respect of other services; Whereas services of this kind both constitute a factor directly affecting agricultural and horticultural production costs and promote technical progress ; whereas, therefore, in accordance with Article 63 (3) of the Treaty and with the objectives of the common agricultural policy, liberalisation of such services must be achieved as soon as possible. Whereas freedom of establishment in respect of the activities covered by this Directive is scheduled only for the end of the transitional period, (4) except as regards certain paid agricultural workers who come within the provisions of the Council Directive of 2 April 1963 (5) ; whereas, further, freedom to provide services entails that, where a service is performed in the country of the recipient ; the person providing the service should not be obliged to satisfy requirements which persons established in that country satisfy solely by reason of the stable and permanent nature of their acitivity in such country, as may be the case in certain circumstances in certain Member States with regard to enrolment in the commercial register or membership or of certain professional or trade organisations; Whereas, in view of this difference between the timing and arrangements for the right of establishment and those for freedom to provide services, it is necessary to specify in this Directive what is meant by the term "provision of services" as regards services performed in the country of the recipient, and in so doing to give the widest possible meaning to that term; Whereas freedom to provide services in respect of the construction of plant for water catchment, irrigation and drainage, and of land draining and reclamation operations - activities often carried on in conjunction with certain agricultural and horticultural activities covered by this Directive-is to be attained under the Council Directives of 7 July 1964 (6) concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (industry and small craft industries) and concerning  (1) OJ No 2, 15.1.1962, p. 32/62. (2) OJ No 109, 9.7.1964, p. 1739/64. (3) OJ No 174, 4.11.1964, p. 2772/64. (4) Cf. General Programme for the abolition of restrictions on freedom of establishment (OJ No 2, 15.1.1962, p. 36/62), Title IV F 6 and Annex V, ex Group 012. (5) OJ No 62, 20.4.1963, p. 1323/63. (6) OJ No 117, 23.7.1964, p. 1880/64 and p. 1863/64.  transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (industry and small craft industries), and under the Directive which will subsequently be adopted on public works contracts ; whereas, in accordance with the General Programme, the provision of services in forestry and logging and in respect of certain independent occupations which may on occasion relate to agriculture will be dealt with in subsequent Directives; Whereas the position of paid employees accompanying a person providing services or acting on his behalf will be governed by the provisions laid down in pursuance of Articles 48 and 49 of the Treaty; Whereas the conditions of movement and residence, for all persons enjoying freedom of establishment and freedom to provide services, were the subject of two Directives adopted by the Council on 25 February 1964 (1); Whereas the Recommendation of 8 November 1962 (2) addressed by the Commission to the Member States, which provides that "tools, instruments or equipment... temporarily imported into one Member State from another Member State to be used in the performance of any kind of work in the importing Member State should be covered by the rules governing temporary admission, provided that they do not remain in the importing Member State for more than six months", is of particular importance in relation to freedom to provide services in agriculture and horticulture; Whereas, finally, freedom to provide services in respect of agriculture and horticulture will, in particular as regards technical assistance and the use of toxic or otherwise dangerous products, be made easier by the mutual recognition of diplomas, certificates and other evidence of formal qualifications and by the co-ordination of certain national rules ; whereas further Directives will have to be issued to this end; HAS ADOPTED THIS DIRECTIVE: Article 1Member States shall abolish, in respect of the natural persons and companies or firms covered by Title I of the General Programme for the abolition of restrictions on freedom to provide services (hereinafter called "beneficiaries"), the restrictions referred to in Title III of that General Programme affecting the right to provide the services specified in Article 2. Article 2 1. The provisions of this Directive shall apply to provision of the services in agriculture and horticulture set out under Title V C (d) of the General Programme, namely: (a) technical assistance; (b) spraying, weed killing and pest control; (c) pruning; (d) picking, packing and presentation; (e) operation of irrigation systems; (f) letting out for hire of agricultural machinery; (g) soil cultivation and tillage; (h) reaping and harvesting, threshing, baling and collecting, whether by mechanical or non-mechanical means; (i) activities not elsewhere specified. 2. For the purposes of this Directive, the term "agriculture and horticulture" refers to all activities falling within Group 011 of the International Standard Industrial Classification of all Economic Activities (Statistical Office of the United Nations, Statistical Papers, Series M, No 4, Rev. 1, New York, 1958), and in particular: (a) general agriculture including the growing of field crops, viticulture, and the cultivation of tropical produce ; growing of fruits, nuts, seeds, vegetables, fowers, both in the open and under glass ; landscaping; (b) raising of livestock, poultry, rabbits, fur-bearing or other animals, bees ; and the production of meat, milk, wool, skins and fur, eggs, honey. 3. A detailed list of the services to be included under the various headings in paragraph 1 is given in the Annex to this Directive. Article 31. Freedom to provide services shall include the right of beneficiaries under this Directive to carry out in the territory of Member States other than that in which they are established the various preliminary operations necessary for the performance of the service provided, in particular the seeking of custom by means of advertising, canvassing and the conclusion of contracts.  (1) OJ No 56, 4.4.1964, p. 845/64 and p. 850/64. (2) OJ No 125, 30.11.1962, p. 2767/62.  2. When providing services in the country of the recipient, beneficiaries shall pursue their activities on a temporary basis, without establishing themselves and for a length of time appropriate to the nature of the services being performed, the centre of their operations remaining fixed in another Member State. The person providing the services shall, however, be entitled in the host country on the same terms as nationals of that country to acquire, hire, use or dispose of any moveable or immoveable property needed by him for the performance of the service, provided that such property taken as a whole does not constitute fixed and permanent premises in the form of a branch or agency. 3. Where services are provided as indicated in paragraph 2, the Member State in which such services are performed may, where the provision of those services entails movement of persons, require the person providing the service to furnish documentary or other proof of the date from which he has pursued his activity in the territory of that State. Where the person concerned provides services of several recipients, each service or group of services must be indicated separately. Article 41. Where the pursuit of any activity falling within Article 2 or the enjoyment of any right or power attached thereto is conditional in the Member State in which the service is performed either on enrolment in the commercial register or on membership of a trade association or other similar body, beneficiaries under this Directive shall be required to fulfil such condition only where a service or series of services is provided for a period exceeding ninety days in any calendar year.2. Member States shall ensure that beneficiaries under this Directive have the right to be enrolled in the aforementioned register, or to join professional or trade organisations, within a normal period of time and under the same conditions and with the same rights as nationals, having regard to the particular situation of such beneficiaries. 3. The right of beneficiaries under this Directive to join such organisations shall not necessarily entail eligibility for election or appointment to high office therein. In the Grand Duchy of Luxembourg membership of the Chambre de commerce shall not give beneficiaries the right to take part in the election of the administrative organs of that Chamber.  Article 51. Member States shall, in particular, abolish the following restrictions: (a) those which prevent beneficiaries from providing services under the same conditions and with the same rights as their own nationals; (b) those existing by reason of administrative practices which result in treatment being applied to beneficiaries that is discriminatory by comparison with that applied to their own nationals. 2. The restrictions to be abolished shall include in particular those arising out of measures which prevent or limit provision of services by beneficiaries by the following means:  (a) in the Federal Republic of Germany  - the requirement that, for the purpose of soliciting in person the custom of other persons in connection with their business activities, a person shall hold an itinerant trader's card (Reisegewerbekarte) (Gewerbeordnung paragraph 55d, version of 5 February 1960 ; Verordnung of 30 November 1960); - the condition that the issue of such itinerant trader's card be subject to a test of economic necessity (Bedürfnisprüfung) ; and the limitation on the area in which that document is valid (Gewerbeordnung paragraph 55d, version of 5 February 1960 ; Verordnung of 30 November 1960); (b) in Belgium - the obligation to hold a carte professionelle (Arrêté royal No 62, of 16 November 1939, Arrêté ministériel of 17 December 1945, and Arrêté ministériel of 11 March 1954); (c) in France - the obligation to hold a carte spécial d'étranger (Décret-loi of 12 November 1938, Law of 8 October 1940); - the condition that, for the purpose of obtaining a licence to carry out artificial insemination, a person shall be of French nationality (Arrêté of 24 April 1948, Article 17).  3. Member States shall in particular ensure: (a) that beneficiaries pursuing activities in their territory enjoy the same rights as their own nationals with regard to: - access to the various forms of credit, aid and subsidy for which their laws provide; - the customary taxation allowances, in particular those relating to the purchase of motor fuel used in performing the service in question;  (b) that beneficiaries have the same rights as their own nationals with regard to the conclusion of contracts under public or private law in the pursuit of their professional activity and in particular contracts for work which falls within the scope of programmes to improve the structure of agriculture, including the submission of tenders in this connection, and participation as a joint contractor or as a sub-contractor; (c) that, where under the provisions of law in force in their territory persons wishing to carry out certain work, in particular that which involves the use of toxic or dangerous products, are required to obtain special authorisation, beneficiaries are able to seek and obtain such authorisation with no greater difficulty than Member States" own nationals. Article 6 1. Where a Member State requires of its own nationals wishing to pursue any activity referred to in Article 2 proof of good character and proof that they have not previously been declared bankrupt, or proof of either one of these, that State shall accept as sufficient evidence, in respect of beneficiaries, the production of an extract from the "judicial record" or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the country of origin or the country whence the beneficiary comes showing that these requirements have been met. 2. Where the country of origin or the country whence the beneficiary comes does not issue such documentary proof of no previous bankruptcy, such proof may be replaced by a declaration on oath made by the person concerned before a judicial or administrative authority, a notary, or a competent professional or trade body, in the country of origin or in the country whence that person comes. 3. Documents issued in accordance with paragraph 1 or with paragraph 2 may not be produced more than three months after their date of issue. 4. Member States shall, within the time limit laid down in Article 7 (1) (a), designate the authorities and bodies competent to issue these documents and shall forthwith inform the other Member States and the Commission thereof. Article 7 1. Member States shall adopt the measures necessary to comply with this Directive within the following time limits: (a) in respect of services falling within subparagraphs (a) to (h) of Article 2 (1) : within six months of notification of the Directive; (b) in respect of services falling within subparagraph (i) of Article 2 (1) : before the end of the first year of the third stage of the transitional period. 2. Member States shall forthwith inform the Commission of such measures. Article 8This Directive is addressed to the Member States. Done at Brussels, 14 December 1964. For the Council The President K. SCHMÜCKERANNEX Activities falling within headings (a) to (i) of Article 2 (1)  (a) "Technical assistance": The giving of advice and information in all spheres of agriculture and horticulture whether carried on individually or collectively, in particular with regard to:  - techniques of agricultural and horticultural production; - techniques (at farm level) of preparation, handling and sale of agricultural and horticultural products;  - acquisition, installation and use of means of production; - acquisition, installation and use of capital goods; - farm management and organisation of work, agricultural accounting and administration generally; - domestic economy; - training of personnel; - agricultural co-operation (co-operatives), horizontal co-operation and vertical integration; - soil and structural improvement (e.g. erosion control, drainage and irrigation, consolidation of holdings, extension and resettlement of agricultural holdings, cultivation of new land);   (b) "Spraying, weed killing and pest control": All work carried out by hand or by mechanical means, including vehicles, watercraft and aircraft, for the purpose of destroying or preventing by physical, chemical or biological treatment weeds and all kinds of pests harmful to crops, livestock or their products, including pests in soil, water, air and buildings and those on stored products; (c) "Pruning": Pruning of trees, shrubs and similar plants (e.g. vines, osiers), carried out by hand or mechanical means; (d) "Picking, packing and presentation": All work carried out by hand or by mechanical means in respect of: - harvesting of fruit, vegetables and other horticultural products and of special crops (e.g. grapes, hops, tobacco, olives, flower bulbs, plants or herbs for medicinal or seasoning purposes); - sorting, cleaning, drying, storing, packing and labelling of such products;   (e) "Operation of irrigation systems": All operations involving the use of plant for spraying, watering and otherwise supplying water for agricultural and horticultural production;  (f) "Letting out for hire of agricultural machinery": Making available under contract and for payment, on a short- or long-term basis, any implement or machine used in carrying out agricultural and horticultural work before, during or after the production stage, including tractors and trailers for agricultural use;  (g) "Soil cultivation and tillage": All work connected with land reclamation and improvement and with cultivation and tillage before, during and after the growing period, whether carried out by hand or by mechanical means, and in particular: - root clearance, ploughing of waste, fallow or grassland, subsoiling, terracing, levelling, stone clearance, trenching; - ploughing, deep ploughing, rotavation; - spreading or injecting with fertiliser, manure and other soil improvers of all kinds; - preparing the topsoil for sowing and planting ; sowing and planting; - weeding, hoeing, earthing, rolling;  (h) "Reaping and harvesting, threshing, baling and collecting, whether by band or by mechanical means": All work carried out by hand or by mechanical means connected with the harvesting and handling at farm level of the products of arable land and grassland (harvesting of fruit, vegetables, horticultural products and special crops is covered by heading (d)), and in particular:  - harvesting and threshing (combine-harvesting, threshing on the spot or on the threshing floor) of gramineae (grasses and cereals), leguminosae (pulses, vetches and clovers), cruciferae (crucifers); - lifting and gathering of root crops, pulling and treatment of flax; - cutting, gathering and baling of straw; - all work connected with preparing and conserving green, succulent and coarse fodder, such as cutting, chopping, tearing and gathering of fodder, drying on the ground, on racks or by artificial means ; kiln drying, ensiling; - all operations performed by pneumatic or mechanical elevators, loaders and unloaders; - sorting, cleaning, drying, storing, packing and labelling of such products;  (i) "Activities not elsewhere specified": Agricultural and horticultural services not elsewhere specified, whether carried out by hand or by mechanical means, and in particular: - work connected with the raising of livestock, such as artificial insemination, milking, cleaning of sheds and stables, sheep shearing; - certain specialised work such as the maintenance of glasshouses and forcing frames.


Important legal notice

|

32003L0047

Commission Directive 2003/47/EC of 4 June 2003 amending Annexes II, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

Official Journal L 138 , 05/06/2003 P. 0047 - 0048

Commission Directive 2003/47/ECof 4 June 2003amending Annexes II, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the CommunityTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), as last amended by Commission Directive 2003/22/EC(2), and in particular point (c) of the second paragraph of Article 14 thereof,Having regard to the agreement of the Member State concerned,Whereas:(1) From information supplied by Portugal based on updated surveys, it appears that the protected zone for Gonipterus scutellatus Gyll. should be modified and restricted to the Azores only.(2) Due to a clerical error in the preparation of Commission Directive 2002/36/EC(3) amending certain annexes to Directive 2000/29/EC, new provisions as regards soil and growing medium, attached to or associated with plants, originating in Cyprus and Malta were unduly adopted.(3) Due to a clerical error in the preparation of Directive 2002/36/EC, the text in point 2 under heading I of Part B of Annex V to Directive 2000/29/EC was replaced without mentioning the relevant plant products concerned.(4) The relevant Annexes to Directive 2000/29/EC should therefore be amended accordingly.(5) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1Annexes II, IV and V to Directive 2000/29/EC are amended in accordance with the Annex to this Directive.Article 21. Member States shall adopt and publish, by 15 June 2003 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions from 16 June 2003.When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall immediately communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.Article 3This Directive shall enter into force on the third 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, 4 June 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 169, 10.7.2000, p. 1.(2) OJ L 78, 25.3.2003, p. 10.(3) OJ L 116, 3.5.2002, p. 16.ANNEXThe annexes to Directive 2000/29/EC are amended as follows:1. in Part B of Annex II, under heading (a), in point (5), the entry in the right-hand column is replaced by the following:">TABLE>";2. in Annex IV:(a) in Section I of Part A, in point (34), in the left-hand column, the words "Cyprus, Malta," are deleted;(b) in Part B, in point (19), the entry in the right-hand column is replaced by the following:">TABLE>";3. in Part B of Annex V, under heading I:(a) in point (2), the text is replaced by the following:"Parts of plants, other than fruits and seeds of:- Castanea Mill., Dendranthema (DC) Des. Moul., Dianthus L., Gypsophila L., Pelargonium l'Herit. ex Ait, Phoenix spp., Populus L., Quercus L., Solidago L. and cut flowers of Orchidaceae,- conifers (Coniferales),- Acer saccharum Marsh., originating in North American countries,- Prunus L., originating in non-European countries,- Cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. and Trachelium L., originating in non-European countries,- Leafy vegetables of Apium graveolens L. and Ocimum L.";(b) in point (7)(b), the words "Cyprus, Malta," are deleted.


Avis juridique important

|

31994L0026

Commission Directive 94/26/EC of 15 June 1994 adapting to technical progress Council Directive 79/196/EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection

Official Journal L 157 , 24/06/1994 P. 0033 - 0035 Finnish special edition: Chapter 13 Volume 26 P. 0088  Swedish special edition: Chapter 13 Volume 26 P. 0088

COMMISSION DIRECTIVE 94/26/EC of 15 June 1994 adapting to technical progress Council Directive 79/196/EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing  certain types of protectionTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 76/117/EEC of 18 December 1975 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres (1), and in particular Article 5 thereof,  Having regard to Council Directive 79/196/EEC of 6 February 1979 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection (2), as last  amended by Directive 90/487/EEC (3), and in particular Article 5 thereof,  Whereas it is necessary to adapt the contents of Annex 1 to Directive 79/196/EEC to technical progress by incorporating five new European standards recently drawn up by Cenelec;  Whereas, in view of the present state of technical progress, it is now necessary to adapt the contents of the harmonized standards referred to in Annex I to Directive 79/196/EEC;  Whereas, in view of the nature of the equipment concerned, a transitional arrangement must be allowed in order to enable the industry to adapt adequately to the amendments introduced into the standards;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers in the Sector of Electrical Equipment for Use in  Potentially Explosive Atmospheres,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Annex I to Directive 79/196/EEC, is replaced by the Annex to this Directive.   Article 2  1. Member States shall bring into force the necessary provisions in order to comply with this Directive not later than 31 March 1995 and shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  2. Until 30 June 2003 the Member States shall continue to apply the measures provided for in Article 4 of Directive 76/117/EEC as regards the equipment for which conformity to the harmonized standards referred to in Directive 79/196/EEC, in its version  of 17 September 1990, is attested by the certificate of conformity referred to in Article 8 of Directive 76/117/EEC, provided that this certificate has been issued before 1 March 1996.   Article 3  This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.  Done at Brussels, 15 June 1994.  For the Commission Martin BANGEMANN Member of the Commission  (1) OJ No L 24, 30. 1. 1976, p. 45.  (2) OJ No L 43, 20. 2. 1979, p. 20.  (3) OJ No L 270, 2. 10. 1990, p. 23.      ANNEX  'ANNEX I HARMONIZED STANDARDS The harmonized standards to which equipment must conform, depending on the type of protection, are the European standards referred to in the table below.  European Standards (drawn up by Cenelec, 35, Rue de Stassart, B-1050 Brussels)  "" ID="1">EN 50014> ID="2">- Electrical equipment for use in potentially explosive atmospheres:> ID="3">1> ID="4">March 1977"> ID="2">general requirements"> ID="2">- Amendment 1> ID="4">July 1979"> ID="2">- Amendment 2> ID="4">June 1982">  ID="2">- Amendments 3 and 4> ID="4">December 1982"> ID="2">- Amendment 5> ID="4">February 1986"> ID="1">EN 50015> ID="2">- Electrical equipment for use in potential explosive atmospheres:> ID="3">1> ID="4">March 1977"> ID="2">oil immersion "o"">  ID="2">- Amendment 1> ID="4">July 1979"> ID="1">EN 50016> ID="2">- Electrical equipment for use in potentially explosive atmospheres:> ID="3">1> ID="4">March 1977"> ID="2">pressurized apparatus "p""> ID="2">- Amendment 1> ID="4">July 1979">  ID="1">EN 50017> ID="2">- Electrical equipment for use in potentially explosive atmospheres:> ID="3">1> ID="4">March 1977"> ID="2">powder filling "q""> ID="2">- Amendment 1> ID="4">July 1979"> ID="1">EN 50018> ID="2">- Electrical equipment for use in  potentially explosive atmospheres:> ID="3">1> ID="4">March 1977"> ID="2">flameproof enclosure "d""> ID="2">- Amendment 1> ID="4">July 1979"> ID="2">- Amendment 2> ID="4">December 1982"> ID="2">- Amendment 3> ID="4">November 1985"> ID="1">EN 50019>  ID="2">- Electrical equipment for use in potential atmospheres:> ID="3">1> ID="4">March 1977"> ID="2">increased safety "e""> ID="2">- Amendment 1> ID="4">July 1979"> ID="2">- Amendment 2> ID="4">September 1983"> ID="2">- Amendment 3> ID="4">December  1985"> ID="2">- Amendment 4> ID="4">October 1989"> ID="2">- Amendment 5> ID="4">August 1990"> ID="1">EN 50020> ID="2">- Electrical equipment for use in potentially explosive atmospheres:> ID="3">1> ID="4">March 1977"> ID="2">intrinsic safety "i"">  ID="2">- Amendment 1> ID="4">July 1979"> ID="2">- Amendment 2> ID="4">December 1985"> ID="2">- Amendment 3> ID="4">May 1990"> ID="2">- Amendment 4> ID="4">May 1990"> ID="2">- Amendment 5> ID="4">May 1990"> ID="1">EN 50028> ID="2">- Electrical  equipment for use in potential explosive atmospheres:> ID="3">1> ID="4">February 1987"> ID="2">encapsulation "m""> ID="1">EN 50039> ID="2">- Electrical equipment for use in potentially explosive atmospheres:> ID="3">1> ID="4">March 1980">  ID="2">intrinsically safe electrical systems "i""> ID="1">EN 50050> ID="2">- Electrostatic hand-held spraying equipment> ID="3">1> ID="4">January 1986"> ID="1">EN 50053> ID="2">- Hand-held electrostatic paint spray guns with an energy limit of 0,24 mJ  and their associated apparatus> ID="3">1> ID="4">February 1987 (1)()"> ID="1">(part 1)"> ID="1">EN 50053> ID="2">- Hand-held electrostatic powder spray guns with an energy limit of 5 mJ and their associated apparatus> ID="3">1> ID="4">June 1989  (1)()"> ID="1">(part 2)"> ID="1">EN 50053> ID="2">- Hand-held electrostatic flock spray guns with an energy limit of 0,24 mJ or 5 mJ and their associated apparatus> ID="3">1> ID="4">June 1989 (1)()"> ID="1">(part 3)""  >  (1)() Only the paragraphs dealing with the construction of apparatus, provided for in standards EN 50053, parts 1, 2 and 3.'.


Avis juridique important

|

32000L0073

Commission Directive 2000/73/EC of 22 November 2000 adapting to technical progress Council Directive 93/92/EEC on the installation of lighting and light-signalling devices on two- or three-wheel motor vehicles (Text with EEA relevance)

Official Journal L 300 , 29/11/2000 P. 0020 - 0023

Commission Directive 2000/73/ECof 22 November 2000adapting to technical progress Council Directive 93/92/EEC on the installation of lighting and light-signalling devices on two- or three-wheel motor vehicles(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles(1), as last amended by Directive 2000/7/EC of the European Parliament and of the Council(2), and in particular Article 16 thereof,Having regard to Council Directive 93/92/EEC of 29 October 1993 on the installation of lighting and light-signalling devices on two- or three-wheel motor vehicles(3), and in particular Article 4 thereof,Whereas:(1) Directive 93/92/EEC is one of the separate Directives of the Community type-approval procedure introduced by Directive 92/61/EEC. The provisions of Directive 92/61/EEC relating to systems, components and separate technical units for vehicles therefore apply to that Directive.(2) Developments in technology now permit an adaptation of Directive 93/92/EEC to technical progress. In order to enable the full type-approval system to function properly, it is therefore necessary to clarify or supplement certain requirements of the Directive concerned.(3) To this end, it should be specified that lighting devices type-approved for vehicles in categories M1 and N1, in accordance with the relevant directives, may also be installed on two- or three-wheel motor vehicles. Provision should also be made to permit the optional installation of front fog lamps, rear fog lamps, reversing lamps and hazard warning devices on three-wheel mopeds and light quadricycles. Directive 93/92/EEC should be supplemented with the appropriate instructions for installing these devices. The wording of certain points in the English and Dutch versions should be aligned on the corresponding points in the other language versions.(4) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress set up under Article 13 of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(4), as last amended by Directive 2000/40/EC of the European Parliament and of the Council(5),HAS ADOPTED THIS DIRECTIVE:Article 1Annexes II to VI to Directive 93/92/EEC are hereby amended as set out in the Annex to this Directive.Article 21. With effect from 1 January 2002, Member States may not, on grounds relating to the installation of lighting and light-signalling devices:- refuse to grant EC type-approval for a type of two- or three-wheel motor vehicle, or- prohibit the registration, sale or entry into service of two- or three-wheel motor vehicles,if the installation of the lighting and light-signalling devices complies with the requirements of Directive 93/92/EEC, as amended by this Directive.2. With effect from 1 July 2002, Member States shall refuse to grant EC type-approval for any new type of two- or three-wheel motor vehicle on grounds relating to the installation of lighting and light-signalling devices if the requirements of Directive 93/92/EEC, as amended by this Directive, are not fulfilled.Article 31. Member States shall adopt and publish, no later than 31 December 2001, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions from I January 2002.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.2. Member States shall communicate to the Commission the texts of the main provisions of national law that they adopt in the field governed by this Directive.Article 4This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 5This Directive is adressed to the Member States.Done at Brussels, 22 November 2000.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 225, 10.8.1992, p. 72.(2) OJ L 106, 3.5.2000, p. 1.(3) OJ L 311, 14.12.1993, p. 1.(4) OJ L 42, 23.2.1970, p. 1.(5) OJ L 203, 10.8.2000, p. 9.ANNEXI. Annex II is hereby amended as follows:(a) [Applies only to the English version.]item 1.4. is replaced by the following text: "1.4. non-triangular side retro-reflectors;"(b) item 5 is replaced by the following text: "5. The lighting and light-signalling devices referred to in sections 1 and 2 and type-approved for motorcycles, in accordance with Directive 97/24/EC, or type-approved for vehicles in categories M1 and N1, in accordance with the relevant Directives 76/757/EEC, 76/758/EEC, 76/759/EEC, 76/760/EEC, 76/761/EEC, 76/762/EEC, 77/538/EEC or 77/539/EEC, shall also be permitted on mopeds."(c) item 6.7.5. is replaced by the following text: "6.7.5. Alignment: the reference axis of the retro-reflectors must be perpendicular to the median longitudinal plane of the vehicle and positioned outwards. Retro-reflectors at the front may pivot in line with the steering angle."II. Annex III is hereby amended as follows: (a) item 2 is completed as follows: "2.5. front fog lamp,2.6. rear fog lamp,2.7. reversing lamp,2.8. hazard warning device."(b) item 5 is replaced by the following text: "5. The lighting and light-signalling devices referred to in sections 1 and 2 and type-approved for motorcycles, in accordance with Directive 97/24/EC, or type-approved for vehicles in categories M1 and N1, in accordance with the relevant Directives 76/757/EEC, 76/758/EEC, 76/759/EEC, 76/760/EEC, 76/761/EEC, 76/762/EEC, 77/538/EEC or 77/539/EEC, shall also be permitted on three-wheel mopeds and light quadricycles."(c) the final indent of item 6.5.3.1 is replaced by the following: "- the internal edges of the illuminating surfaces must be at least 500 mm apart. That distance may be reduced to 400 mm if the maximum width of the vehicle is less than 1300 mm."(d) item 6 is completed as follows: "6.11. Front fog lamps6.11.1. Provisions identical to those set out in items 6.7.1 to 6.7.11 of Annex VI.6.12. Rear fog lamps6.12.1. Provisions identical to those set out in items 6.8.1 to 6.8.11 of Annex VI.6.13. Reversing lamps6.13.1. Provisions identical to those set out in items 6.9.1 to 6.9.10 of Annex VI.6.14. Hazard warning device6.14.1. Provisions identical to those set out in items 6.10.1 to 6.10.4 of Annex VI."III. Annex IV is hereby amended as follows:(a) item 5 is replaced by the following text: "5. The lighting and light-signalling devices referred to in sections 1 and 2 and type-approved for vehicles in categories M1 and N1, in accordance with the relevant Directives 76/757/EEC, 76/758/EEC, 76/759/EEC, 76/760/EEC, 76/761/EEC, 76/762/EEC, 77/538/EEC or 77/539/EEC, shall also be permitted on motorcycles."(b) [Applies only to the English version.]item 6.3.10, title , is replaced by the following: "6.3.10. Operational tell-tale: compulsory."IV. Annex V is hereby amended as follows: item 5 is replaced by the following text: "5. The lighting and light-signalling devices referred to in sections 1 and 2 and type-approved for vehicles in categories M1 and N1, in accordance with the relevant Directives 76/757/EEC, 76/758/EEC, 76/759/EEC, 76/760/EEC, 76/761/EEC, 76/762/EEC, 77/538/EEC or 77/539/EEC, shall also be permitted on motorcycles with sidecar."V. Annex VI is hereby amended as follows:(a) item 5 is replaced by the following text: "5. The lighting and light-signalling devices referred to in sections 1 and 2 and type-approved for vehicles in categories M1 and N1, in accordance with the relevant Directives 76/757/EEC, 76/758/EEC, 76/759/EEC, 76/760/EEC, 76/761/EEC, 76/762/EEC, 77/538/EEC or 77/539/EEC, shall also be permitted on tricycles."(b) [Applies only to the Dutch version.](c) the final indent of item 6.5.3.1 is replaced by the following text: "- the internal edges of the illuminating surfaces must be at least 500 mm apart. That distance may be reduced to 400 mm if the maximum width of the vehicle is less than 1300 mm."(d) [Applies only to the Dutch version.]


Avis juridique important

|

31998L0003

Commission Directive 98/3/EC of 15 January 1998 adapting to technical progress Council Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilisers (Text with EEA relevance)

Official Journal L 018 , 23/01/1998 P. 0025 - 0026

COMMISSION DIRECTIVE 98/3/EC of 15 January 1998 adapting to technical progress Council Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilisers (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilisers (1), as last amended by Council and European Parliament Directive 97/63/EC (2), and in particular Article 9(1) thereof,Whereas Article 7a of the Treaty envisages an area without internal frontiers in which the free circulation of goods, persons, services and capital is assured;Whereas Directive 76/116/EEC laid down rules for the marketing of fertilisers within the internal market;Whereas new fertilisers need to be added to Annex I to Directive 76/116/EEC to enable them to benefit from the Community marking provided for in Annex II to that Directive;Whereas notice 94/C 138/04 (3) establishes a procedure that should be observed by any person (manufacturer or his representative) wanting to apply to a fertiliser the Community marking provided for in Annex II to Directive 76/116/EEC, by way submitting a technical file to the Member State authorities which will act as rapporteur for the file to the Working Party on Fertilizers of the European Commission;Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for Removing Technical Barriers to Trade in Fertilisers,HAS ADOPTED THIS DIRECTIVE:Article 1 Annex I to Directive 76/116/EEC shall be amended as follows:The fertilisers included in the Annex to this Directive shall be added to Part C, point 1 entitled 'Straight fluid fertilisers`.Article 2 The following products and tolerances are added under part A.1 in Annex III to Directive 76/116/EEC:'>TABLE>`.Article 3 Member States shall adopt and publish the provisions necessary to comply with this Directive by 31 December 1998 at the latest and shall forthwith inform the Commission thereof. They shall apply these provisions as from 1 January 1999.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.Article 4 This Directive is addressed to the Member States.Done at Brussels, 15 January 1998.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ L 24, 30. 1. 1976, p. 21.(2) OJ L 335, 6. 12. 1997, p. 15.(3) OJ C 138, 20. 5. 1994, p. 4.ANNEX C. FLUID FERTILISERS 1. STRAIGHT FLUID FERTILISERS >TABLE>


Avis juridique important

|

31974L0180

Fifth Commission Directive 74/180/EEC of 26 February 1974 amending the Annexes of the Council Directive of 23 November 1970 concerning additives in feedingstuffs

Official Journal L 094 , 04/04/1974 P. 0014 - 0015 Greek special edition: Chapter 03 Volume 10 P. 0163

++++FIFTH COMMISSION DIRECTIVE  OF 26 FEBRUARY 1974  AMENDING THE ANNEXES OF THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS   ( 74/180/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 ( 1 ) CONCERNING ADDITIVES IN FEEDINGSTUFFS , AS LAST AMENDED BY THE FOURTH COMMISSION DIRECTIVE OF 17 DECEMBER 1973 ( 2 ) ; IN PARTICULAR ARTICLE 6 ( 1 ) ( A ) THEREOF ;  WHEREAS THE PROVISIONS OF THE ABOVEMENTIONED DIRECTIVE PROVIDE FOR THE CONTENT OF THE ANNEXES TO BE CONSTANTLY AMENDED DUE TO THE DEVELOPMENT OF SCIENTIFIC AND TECHNICAL KNOWLEDGE ;  WHEREAS IT IS NECESSARY TO LAY DOWN FURTHER USAGES FOR VIRGINIAMYCIN IN ANNEX I ; WHEREAS , MOREOVER , THE USE OF TYLOSIN , LAID DOWN IN ANNEX II , SHOULD BE SUBJECT TO CERTAIN CONDITIONS OF USE ;  WHEREAS LINCOMYCIN AND ALSO CERTAIN USES OF ZINCBACITRACIN , AND FLAVOMYCIN , OTHER THAN THOSE INDICATED IN ANNEX I , HAVE BEEN TESTED WITH BENEFICIAL RESULTS IN CERTAIN MEMBER STATES ; WHEREAS , HOWEVER , IT IS ADVISABLE MEANWHILE TO AUTHORIZE THESE AT NATIONAL LEVEL , UNTIL THEY ARE PERMITTED AT COMMUNITY LEVEL ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE ANNEXES TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 , CONCERNING ADDITIVES IN FEEDINGSTUFFS , SHALL BE AMENDED AS STIPULATED IN THE FOLLOWING ARTICLES .  ARTICLE 2  THE FOLLOWING PROVISIONS SHALL BE ADDED TO ANNEX I PART A " ANTIBIOTICS " UNDER HEADING E 711  " VIRGINIAMYCIN " :  EEC NO*ADDITIVES*CHEMICAL FORMULA , DESCRIPTION*SPECIES OF ANIMAL*MAXIMUM AGE*PPM OF COMPLETE FEEDINGSTUFFS*OTHER PROVISIONS*  *****MINIMUM CONTENT*MAXIMUM CONTENT**  * - * - *CALVES*6 MONTHS*5 , 5*20 , 80*MILK FEEDS ONLY*  ARTICLE 3  ANNEX II PART A " ANTIBIOTICS " SHALL BE COMPLETED AS FOLLOWS :  EEC NO*ADDITIVES*CHEMICAL FORMULA , DESCRIPTION*SPECIES OF ANIMAL*MAXIMUM AGE*PPM OF COMPLETE FEEDINGSTUFFS*OTHER PROVISIONS*  *****MINIMUM CONTENT*MAXIMUM CONTENT**  6*TYLOSIN*C45H77O17N ( MACROLIDES ) *SWINE*2 MONTHS OVER 2 MONTHS TO 6 MONTHS*10 , 5*40 , 20**  15*BACITRACINE-ZINC POLYPEPTIDE CONTAINING UP TO 20 % ZINC*C66H103O16 N17S ZN*LAYING HENS* - *15*20**  16*FLAVOMYCIN*C70H124N6 O40P*LAYING HENS* - *2*5**  17*LINCOMYCINE*C18H34N2 O6S.HCL*POULTRY EXCLUDING DUCKS , GEESE , LAYING HENS*10 WEEKS*2*10**  ARTICLE 4  THE MEMBER STATES SHALL , NOT LATER THAN 1 JUNE 1974 , BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE . THEY SHALL FORTHWITH NOTIFY THE COMMISSION THEREOF .  ARTICLE 5  THIS DIRECTIVE IS ADDRESSED TO ALL MEMBER STATES .  DONE AT BRUSSELS , 26 FEBRUARY 1974 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI  ( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 2 ) OJ NO L 30 , 4 . 2 . 1974 , P . 21 .


title: Commission Directive 2008/80/EC of 28 July 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include cyclohexylhydroxydiazene 1-oxide, potassium salt (K-HDO) as an active substance in Annex I thereto (Text with EEA relevance)

text:
               29.7.2008

               EN

               Official Journal of the European Union

               L 200/15

      COMMISSION DIRECTIVE 2008/80/EC
   of 28 July 2008
   amending Directive 98/8/EC of the European Parliament and of the Council to include cyclohexylhydroxydiazene 1-oxide, potassium salt (K-HDO) as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annexes I, IA or IB to Directive 98/8/EC. That list includes cyclohexylhydroxydiazene 1-oxide, potassium salt (K-HDO).

               (2)

               Pursuant to Regulation (EC) No 1451/2007, K-HDO has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC.

               (3)

               Austria was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 22 March 2006 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 22 February 2008, in an assessment report.

               (5)

               Although the risk assessment was limited to very specific application systems, it appears from the examinations made that biocidal products used as wood preservatives and containing K-HDO may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include K-HDO in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing K-HDO can be granted, modified or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

               (6)

               Not all potential uses have been evaluated at the Community level. It is therefore appropriate that Member States pay particular attention to the risks to the compartments and populations that have not been representatively addressed in the Community level risk assessment and, when granting product authorisations, ensure that appropriate measures are taken or specific conditions imposed in order to mitigate the identified risks to acceptable levels.

               (7)

               In particular, in view of the possible risks for the environment and workers, authorisations for products to be used in other systems than industrial, fully automated and closed ones should not be granted unless the application for product authorisation demonstrates that risks can be reduced to acceptable levels in accordance with Article 5 of Directive 98/8/EC and Annex VI thereto.

               (8)

               In the light of the findings of the assessment report, it is appropriate to require that products containing K-HDO be used with appropriate protective equipment. In view of the risks identified for infants, it is also appropriate to require that K-HDO not be used for the treatment of wood that may come in direct contact with infants.

               (9)

               It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance K-HDO and also to facilitate the proper operation of the biocidal products market in general.

               (10)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

               (11)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 8 containing K-HDO to ensure that they comply with Directive 98/8/EC.

               (12)

               Directive 98/8/EC should therefore be amended accordingly.

               (13)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Transposition
   1.   Member States shall adopt and publish, by 30 June 2009 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 July 2010.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 28 July 2008.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1. Directive as last amended by Directive 2008/31/EC (OJ L 81, 20.3.2008, p. 57).

      (2)  OJ L 325, 11.12.2007, p. 3.

      ANNEX
      The following entry ‘No 10’ is inserted in Annex I to Directive 98/8/EC

                     No

                     Common Name

                     IUPAC Name
                     Identification Numbers

                     Minimum purity of the active substance in the biocidal product as placed on the market

                     Date of inclusion

                     Deadline for compliance with Article 16(3)
                     (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances)

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘10

                     K-HDO

                     Cyclohexylhydroxydiazene 1-oxide, potassium salt
                     EC No: n/a
                     CAS No: 66603-10-9
                     (This entry also covers the hydrated forms of K-HDO)

                     977 g/kg

                     1 July 2010

                     30 June 2012

                     30 June 2020

                     8

                     When assessing the application for authorisation of a product in accordance with Article 5 and Annex VI, Member States shall assess, when relevant for the particular product, the populations that may be exposed to the product and the use or exposure scenarios that have not been representatively addressed at the Community level risk assessment.
                     Member States shall ensure that authorisations are subject to the following conditions:

                                 (1)

                                 in view of the possible risks for the environment and workers, products shall not be used in other systems than industrial, fully automated and closed ones unless the application for product authorisation demonstrates that risks can be reduced to acceptable levels in accordance with Article 5 and Annex VI;

                                 (2)

                                 in view of the assumptions made during the risk assessment, products must be used with appropriate personal protective equipment, unless the application for product authorisation demonstrates that risks to users can be reduced to acceptable levels by other means;

                                 (3)

                                 in view of the risk identified for infants, products shall not be used for the treatment of wood that may enter in direct contact with infants.’

         (1)  For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm


Avis juridique important

|

31988L0616

Commission Directive 88/616/EEC of 30 November 1988 amending the Annex to Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 343 , 13/12/1988 P. 0025 - 0026 Finnish special edition: Chapter 3 Volume 27 P. 0271  Swedish special edition: Chapter 3 Volume 27 P. 0271

*****COMMISSION  DIRECTIVE  of 30 November 1988  amending the Annex to Council Directive 70/524/EEC concerning additives in feedingstuffs  (88/616/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Council Directive 88/483/EEC (2), and in particular Article 7 thereof,  Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; whereas the Annexes were consolidated by Commission Directive 85/429/EEC (3);  Whereas new uses of the antibiotics 'Virginiamycin' and 'Flavophospholipol' have been widely tested in several Member States; whereas, on the basis of experience gained and studies undertaken, it appears that these uses can be authorized throughout the Community;  Whereas the investigation of various additives currently listed in Annex II and therefore authorizable at national level has not yet been completed; whereas, therefore, the period of authorization of these substances should be extended for a specific period;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annexes to Directive 70/524/EEC are hereby amended as set out in the Anex hereto.  Article 2  Member States shall, by 30 June 1989 at the latest, bring into force the laws, regulations or administrative provisions necessary to comply with Article 1. They shall immediately inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 30 November 1988.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 270, 14. 12. 1970, p. 1.  (2) OJ No L 237, 27. 8. 1988, p. 39.  (3) OJ No L 245, 12. 9. 1985, p. 1.  ANNEX  1. In Annex I under part A 'Antibiotics':  (a) the wording of EEC No E 711 'Virginiamycin' is completed as follows:  1.2.3.4.5.6.7.8 //  //  //  //  //  //  //  //  // EEC No  // Additives   // Chemical formula, description   // Species or category of animal  // Maximum age   // Minimum content  // Maximum content   //  1.2.3.4.5.6,7.8 //   //   //   //  //   // mg/kg of complete feedingstuff  // Other provisions  // 1.2.3.4.5.6.7.8 //  //  //  //  //  //  //  //  //  //  //  / / Laying   hens   // -   // 20   // 20   // -   //    //   //  //   //   //   //   //  (b) the wording of EEC No E 712 'Flavophospholipol' is completed as follows:  1.2.3.4.5.6.7.8 //  //  //  //  //  //  //  //  // EEC No  // Additives   // Chemical formula, description   // Species or category of animal  // Maximum age   // Minimum content  // Maximum content   //  1.2.3.4.5.6,7.8 //   //   //   //  //   // mg/kg of complete feedingstuff  // Other provisions  // 1.2.3.4.5.6.7.8 //  //  //  //  //  //  //  //  //  //  //  / / Rabbits     // -   // 2   // 4   // -   //    //   //   //  //   //   //   //  2. In Annex II  (a) under part A, 'Antibiotics', the date '30. 11. 1988' in the column 'Period of authorization' is replaced by the date '30. 11. 1989' against the following items:  - No 27 'Slinomycin sodium',  - No 28 'Avilamycin';  (b) under part D, 'Coccidiostats, and other medicinal substances', the date '30. 11. 1988' in the column 'Period of authorization' is replaced by the date '30. 11. 1989' against the following items:  - No 16 'Meticlorpindol/Methylbenzoquate', species or category of animal 'Rabbits',  - No 20 'Lasalocid sodium';  (c) under part E, 'Emulsifiers, stabilizers, thickeners and gelling agents', the date '30. 11. 1988' in the column 'Period of authorization' is replaced by the date '30. 11. 1989' against item No 29 'Polyoyethylene (20) sorbitan trioleate';  (d) under part F, 'Colouring matters including pigments', the date '30. 11. 1988' in the column 'Period of authorization' is replaced by the date '30. 11. 1989' against item No 5 'Astaxanthin';  (e) under part G, 'Preservatives', the date '30. 11. 1988' in the column 'Period of authorization' is replaced by the date '30. 11. 1989' against item No 20 'Methylpropionic Acid';  (f) under part J, 'Growth promoters', the date '30. 11. 1988' in the column 'Period of authorization' against item No 1 'Nitrovin' is replaced in each case by the date '30. 6. 1989';  (g) under part M, 'Acidity regulators', the date '30. 11. 1988' in the column 'Period of authorization' against all the additives listed under this part is replaced by the date '30. 11. 1989'.


Avis juridique important

|

31975L0108

Council Directive 75/108/EEC of 20 January 1975 on the organization of a structures survey for 1975 as part of the programme of surveys on the structure of agricultural holdings

Official Journal L 042 , 15/02/1975 P. 0021 - 0031 Greek special edition: Chapter 03 Volume 11 P. 0208

COUNCIL DIRECTIVE  of 20 January 1975  on the organization of a structures survey for 1975 as part of the programme of surveys on the structure of agricultural holdings  (75/108/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Whereas, for the future development of the common agricultural policy, the Community needs objective and comparable information on the structure and organization of agricultural holdings throughout the Community;  Whereas the findings of the basic survey conducted under Regulation No 70/66/EEC (2), as amended by Regulation No 35/67/EEC (3), as part of a programme of surveys on the structure of agricultural holdings and of the general agricultural survey recommended by the FAO and conducted under Directive No 69/400/EEC (4), provide the Community with certain information which, however, concern only the territory of the six original Member States and refer only to a specific period ; whereas the Community must therefore undertake a programme of surveys to be conducted at the same time in all the Member States, based on uniform methods and definitions;  Whereas such a programme should, in particular, include a survey aimed at providing essential information for defining the structure of agricultural holdings;  Whereas the envisaged measures have a Community interest for achieving the objectives defined in Article 39 (1) (a) of the Treaty, including the structural changes necessary for the efficient functioning of the common market ; whereas these measures thus constitute a common action within the meaning of Article 6 of Council Regulation (EEC) No 729/70 (5) of 21 April 1970 concerning the financing of the common agricultural policy, as last amended by Regulation (EEC) No 2788/72 (6);  Whereas the scope of the survey should, so as to take account of current developments in certain methods or fields of production, include holdings with an area of at least one hectare and smaller holdings of a certain economic importance due to the fact that they market a certain proportion of their production or if their standard gross production exceeds certain physical units;  Whereas in order to ensure uniform analysis of the results obtained and to satisfy information requirements in this sector, the data collected in the survey by the statistical services of the Member States must be centralized;  Whereas a Member State may be particularly interested in having available results on the situation within its territory and whereas the possibility for analysis and publication at national level should therefore be provided;  Whereas the farmers taking part in the survey should be assured that individual information about them will be treated as confidential;  Whereas in order to facilitate implementation of the provisions specified, there should be close cooperation between the Member States and the Commission, within the Standing Committee for Agricultural Statistics set up by Decision No 72/279/EEC (7),  (1)OJ No C 40, 8.4.1974, p. 72 and OJ No C 155, 9.12.1974, p. 49. (2)OJ No 112, 24.6.1966, p. 2065/66. (3)OJ No 33, 24.2.1967, p. 524/67. (4)OJ No L 288, 17.11.1969, p. 1. (5)OJ No L 94, 28.4.1970, p. 13. (6)OJ No L 295, 30.12.1972, p. 1. (7)OJ No L 179, 7.8.1972, p. 1.   HAS ADOPTED THIS DIRECTIVE:    CHAPTER I Organization of the programme of surveys  Article 1 A survey on the structure of agricultural holdings (structures survey for 1975), hereinafter referred to as the "survey", shall be carried out as part of a programme of Community surveys necessitated by the requirements of the common agricultural policy.  CHAPTER II Structures survey for 1975   Article 2 For purposes of applying the following provisions:    (a) agricultural holding shall mean a single unit, both technically and economically, which has a single management and the output of which is agricultural products;       (b) agricultural area utilized for farming shall mean the total area taken up by arable land, permanent pasture and meadow, land used for permanent crops and subsistence plots.          Article 3 The Member States shall carry out a survey covering one crop year corresponding to the crop to be harvested in 1975.  The survey shall be conducted in one or more stages between 1 March 1975 and 1 March 1976.   Article 4 The survey shall cover:    (a) agricultural holdings where the agricultural area utilized for farming is one hectare or more;       (b) agricultural holdings where the agricultural area utilized for farming is less than one hectare, if they market a certain proportion of their production or if their standard gross production exceeds certain physical units.          Article 5 Member States shall provide information on the characteristics listed in the Annex.   Article 6 1. The Member States shall supply the data provided for in Article 5 for a random sample of agricultural holdings, the number of which shall be between the following limits:  >PIC FILE= "T9000602">  National samples may, where appropriate, be drawn from exhaustive surveys.  Member States which conduct exhaustive surveys may supply the complete results thereof.  2. The Member States shall take the necessary steps to reduce errors of observation.   Article 7 1. Member States shall take such measures as may be necessary for the survey to be conducted in their territory, and shall:    (a) devise questionnaires which include at least the elements given in the list of characteristics provided for in Article 5;       (b) where necessary, draw up a sampling plan and submit it to the Commission;       (c) check that the questionnaires have been completed in full and that the replies are plausible ; if necessary, require omissions and inaccurate data to be rectified in the questionnaires;       (d) transcribe, for each holding, the data provided for in the list of characteristics in the Annex onto magnetic tape, using a standard code for all Member States;       (e) check the data transcribed in this way, verifying whether they are plausible, and correcting them if necessary, and inform the Commission of the verification procedure used to eliminate errors;       (f) submit the magnetic tapes provided for in (d) to the Statistical Office of the European Communities. They should be submitted not later than 12 months after completion of the field work;       (g) furnish the Commission as necessary with any information it may request from them concerning the performance of their tasks under this Directive.          2. Member States may carry out an analysis of the data and publish the results of the survey relating to their territories.   Article 8 1. The following shall be adopted in accordance with the procedure laid down in Article 11:    (a) the definitions relating to the list of characteristics;       (b) the list of agricultural products;       (c) the sampling plans with reference to strata and regions;       (d) the standard code and rules governing the transcription onto magnetic tape of the data provided for in the list of characteristics;       (e) any other detailed rules.         2. The Commission in conjunction with Member States shall be responsible for:    (a) drawing up an outline of tables for the whole Community;       (b) having the data recorded on magnetic tape analysed at Community level by the Statistical Office of the European Communities;       (c) communicating the results of the survey to the Member States;       (d) publishing the results of the survey.         CHAPTER III General provisions   Article 9 1. The survey referred to in Article 1 shall constitute a common action within the meaning of Article 6 (1) of Regulation (EEC) No 729/70.  2. The European Agricultural Guidance and Guarantee Fund, Guidance Section, shall pay Member States 12 units of account for each holding for which the data referred to in Article 5 are submitted to the Commission up to the limits set out in Article 6 of this Directive.  3. The period envisaged for carrying out the common action shall be two years.  4. The estimated cost of the common action to be borne by the European Agricultural Guidance and Guarantee Fund, Guidance Section, shall be 7 920 000 units of account.  5. Requests for payment shall relate to expenses incurred by Member States during one calendar year and shall be submitted to the Commission before 1 September of the following year.  6. Aid from the Fund shall be decided in accordance with Article 7 (1) of Regulation (EEC) No 729/70.  7. The Commission may agree to payments on account.  8. Detailed rules for applying this Article shall be adopted in accordance with the procedures laid down in Article 13 of Regulation (EEC) No 729/70.   Article 10 1. Member States shall take all necessary steps to ensure that individual data collected on their territories as part of the survey are used only within the limits and conditions defined by their national laws governing statistical secrecy.  2. The individual data referred to in paragraph 1 shall be communicated to the Statistical Office of the European Communities in such a form that the holdings concerned cannot be identified. Moreover, they may be divulged only to those persons responsible at the Office for the application of this Directive.  3. The Member States and the Commission shall adopt such measures as may be required to penalize infringements of the provisions of paragraph 2.   Article 11 1. Where the procedure laid down in this Article is invoked, the Standing Committee for Agricultural Statistics, set up by the Council Decision of 31. July 1972, hereinafter called "the Committee", shall give an Opinion, the votes of Member States being weighted as laid down in the first subparagraph of Article 148 (2) of the Treaty. The Chairman shall not vote.  2. In such cases the Chairman shall refer the matter to the Committee, either on his own initiative or at the request of the representative of a Member State.   3. The Commission representative shall submit a draft of the measures to be taken. The Committee shall give its Opinion on these measures within a time limit to be set by the Chairman according to the urgency of the matters concerned. It shall act by a majority of 41 votes.  4. The Commission shall adopt measures which shall take immediate effect. However, if these measures are not in accordance with the Committee's Opinion, the Commission shall submit them forthwith to the Council ; in this case the Commission may defer application of the measures it has adopted for not more than one month from the date of their submission to the Council.  The Council, acting by a qualified majority, may take a different decision within a period of one month.   Article 12 1. The Committee shall be consulted on the operations referred to in Article 7 (a) and Article 8 (2) (c) and (d).  2. The Committee and the Standing Committee for Agricultural Structures shall be consulted on the operations referred to in Article 8 (2) (a).  3. The Committee may examine any other question relating to the application of this Directive, which may be raised by the Chairman, either on his own initiative, or at the request of the representative of a Member State.   Article 13 This Directive is addressed to the Member States.     Done at Brussels, 20 January 1975.  For the Council  The President  M.A. CLINTON     ANNEX LIST OF CHARACTERISTICS    >PIC FILE= "T0006729">     >PIC FILE= "T0006730">    >PIC FILE= "T0006731">    >PIC FILE= "T0006732">    >PIC FILE= "T0006733">    >PIC FILE= "T0006734">    >PIC FILE= "T9000603">