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31999L0074

Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens

Official Journal L 203 , 03/08/1999 P. 0053 - 0057

COUNCIL DIRECTIVE 1999/74/ECof 19 July 1999laying down minimum standards for the protection of laying hensTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas:(1) On 7 March 1988 the Council adopted Directive 88/166/EEC(4) complying with the judgment of the Court of Justice in Case 131/86 (annulment of Council Directive 86/113/EEC of 25 March 1986 laying down minimum standards for the protection of laying hens kept in battery cages);(2) Article 9 of Directive 88/166/EEC requires the Commission to submit, before 1 January 1993, a report on scientific developments regarding the welfare of hens under various systems of rearing and on the provisions in the Annex to the Directive, accompanied by any appropriate adjustment proposals;(3) Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes(5), drawn up on the basis of the European Convention for the Protection of Animals kept for Farming Purposes, lays down Community provisions designed to give effect to the principles laid down in the Convention, which include the provision of housing, food, water and care appropriate to the physiological and ethological needs of the animals;(4) In 1995 the Standing Committee of the European Convention for the Protection of Animals kept for Farming Purposes adopted a detailed recommendation, which includes laying hens;(5) The protection of laying hens is a matter of Community competence;(6) Differences which may distort conditions of competition interfere with the smooth running of the organisation of the market in animals and animal products;(7) The Commission report referred to in recital 2, based on an opinion from the Scientific Veterinary Committee, concludes that the welfare conditions of hens kept in current battery cages and in other systems of rearing are inadequate and that certain of their needs cannot be met in such cages; the highest possible standards should therefore be introduced, in the light of various parameters to be considered in order to improve those conditions;(8) However, for a period to be determined, the use of unenriched cage systems may be continued under certain conditions, including improved structural and space requirements;(9) A balance must be kept between the various aspects to be taken into consideration, as regards both welfare and health, economic and social considerations, and also environmental impact;(10) It is appropriate, while studies on the welfare of laying hens in various systems of rearing are carried out, to adopt provisions that allow the Member States to choose the most appropriate system or systems;(11) The Commission must submit a new report together with appropriate proposals that take account of that report;(12) Directive 88/166/EEC should therefore be repealed and replaced,HAS ADOPTED THIS DIRECTIVE:Article l1. This Directive lays down minimum standards for the protection of laying hens.2. This Directive shall not apply to:- establishments with fewer than 350 laying hens,- establishments rearing breeding laying hens.Such establishments shall, however, continue to be subject to the relevant requirements of Directive 98/58/EC.Article 21. The definitions in Article 2 of Directive 98/58/EC shall apply where necessary.2. In addition, the following definitions shall apply for the purpose of this Directive:(a) "laying hens" means: hens of the species Gallus gallus which have reached laying maturity and are kept for production of eggs not intended for hatching;(b) "nest" means: a separate space for egg laying, the floor components of which may not include wire mesh that can come into contact with the birds, for an individual hen or for a group of hens (group nest);(c) "litter" means: any friable material enabling the hens to satisfy their ethological needs;(d) "usable area" means: an area at least 30 cm wide with a floor slope not exceeding 14 %, with headroom of at least 45 cm. Nesting areas shall not be regarded as usable areas.Article 3According to the system or systems adopted by the Member States, they shall ensure that the owners and holders of laying hens apply not only the relevant provisions of Directive 98/58/EC and of the Annex to this Directive but also the requirements specific to each of the systems referred to below, namely:(a) either the provisions laid down in Chapter I as regards alternative systems;(b) or the provisions laid down in Chapter II as regards unenriched cage systems;(c) or the provisions of Chapter III concerning enriched cages.CHAPTER IProvisions applicable to alternative systemsArticle 41. Member States shall ensure that from 1 January 2002 all newly built or rebuilt systems of production referred to in this chapter and all such systems of production brought into use for the first time comply at least with the requirements below.1. All systems must be equipped in such a way that all laying hens have:(a) either linear feeders providing at least 10 cm per bird or circular feeders providing at least 4 cm per bird;(b) either continuous drinking troughs providing 2,5 cm per hen or circular drinking troughs providing 1 cm per hen.In addition, where nipple drinkers or cups are used, there shall be at least one nipple drinker or cup for every 10 hens. Where drinking points are plumbed in, at least two cups or two nipple drinkers shall be within reach of each hen;(c) at least one nest for every seven hens. If group nests are used, there must be at least 1 m2 of nest space for a maximum of 120 hens;(d) adequate perches, without sharp edges and providing at least 15 cm per hen. Perches must not be mounted above the litter and the horizontal distance between perches must be at least 30 cm and the horizontal distance between the perch and the wall must be at least 20 cm;(e) at least 250 cm2 of littered area per hen, the litter occupying at least one third of the ground surface.2. The floors of installations must be constructed so as to support adequately each of the forward-facing claws of each foot.3. In addition to the provisions laid down in points 1 and 2,(a) if systems of rearing are used where the laying hens can move freely between different levels,(i) there shall be no more than four levels;(ii) the headroom between the levels must be at least 45 cm;(iii) the drinking and feeding facilities must be distributed in such a way as to provide equal access for all hens;(iv) the levels must be so arranged as to prevent droppings falling on the levels below.(b) If laying hens have access to open runs:(i) there must be several popholes giving direct access to the outer area, at least 35 cm high and 40 cm wide and extending along the entire length of the building; in any case, a total opening of 2 m must be available per group of 1000 hens;(ii) open runs must be:- of an area appropriate to the stocking density and to the nature of the ground, in order to prevent any contamination;- equipped with shelter from inclement weather and predators and, if necessary, appropriate drinking troughs.4. The stocking density must not exceed nine laying hens per m2 usable area.However, where the usable area corresponds to the available ground surface, Member States may, until 31 December 2011, authorise a stocking density of 12 hens per m2 of available area for those establishments applying this system on 3 August 1999.2. Member States shall ensure that the minimum requirements laid down in paragraph 1 apply to all alternative systems from 1 January 2007.CHAPTER IIProvisions applicable to rearing in unenriched cage systemsArticle 51. Member States shall ensure that from 1 January 2003 all cage systems referred to in this chapter comply at least with the following requirements:1. at least 550 cm2 per hen of cage area, measured in a horizontal plane, which may be used without restriction, in particular not including non-waste deflection plates liable to restrict the area available, must be provided for each laying hen;2. a feed trough which may be used without restriction must be provided. Its length must be at least 10 cm multiplied by the number of hens in the cage;3. unless nipple drinkers or drinking cups are provided, each cage must have a continuous drinking channel of the same length as the feed trough mentioned in point 2. Where drinking points are plumbed in, at least two nipple drinkers or two cups must be within reach of each cage;4. cages must be at least 40 cm high over at least 65 % of the cage area and not less than 35 cm at any point;5. floors of cages must be constructed so as to support adequately each of the forward-facing claws of each foot. Floor slope must not exceed 14 % or 8 %. In the case of floors using other than rectangular wire mesh, Member States may permit steeper slopes;6. cages shall be fitted with suitable claw-shortening devices.2. Member States shall ensure that rearing in the cages referred to in this chapter is prohibited with effect from 1 January 2012. In addition, with effect from 1 January 2003 no cages such as referred to in this chapter may be built or brought into service for the first time.CHAPTER IIIProvisions applicable to rearing in enriched cagesArticle 6Member States shall ensure that after 1 January 2002 all the cages referred to in this chapter comply at least with the following requirements:1. laying hens must have:(a) at least 750 cm2 of cage area per hen, 600 cm2 of which shall be usable; the height of the cage other than that above the usable area shall be at least 20 cm at every point and no cage shall have a total area that is less than 2000 cm2;(b) a nest;(c) litter such that pecking and scratching are possible;(d) appropriate perches allowing at least 15 cm per hen;2. a feed trough which may be used without restriction must be provided. Its length must be at least 12 cm multiplied by the number of hens in the cage;3. each cage must have a drinking system appropriate to the size of the group; where nipple drinkers are provided, at least two nipple drinkers or two cups must be within the reach of each hen;4. to facilitate inspection, installation and depopulation of hens there must be a minimum aisle width of 90 cm between tiers of cages and a space of at least 35 cm must be allowed between the floor of the building and the bottom tier of cages;5. cages must be fitted with suitable claw-shortening devices.CHAPTER IVFinal provisionsArticle 7Member States shall ensure that the establishments covered by the scope of this Directive are registered by the competent authority and given a distinguishing number which will be the medium for tracing eggs placed on the market for human consumption.The arrangements for implementing this Article shall be determined before 1 January 2002 in accordance with the procedure laid down in Article 11.Article 81. Member States shall take the necessary measures to ensure that the competent authority carries out inspections to monitor compliance with the provisions of this Directive. These inspections may be carried out on the occasion of checks made for other purposes.2. From a date to be determined in accordance with the procedure provided for in Article 11, Member States shall report to the Commission on the inspections carried out in accordance with paragraph 1. The Commission shall submit summaries of these reports to the Standing Veterinary Committee.3. Before 1 January 2002 the Commission shall, in accordance with the procedure laid down in Article 11, submit proposals for harmonisation of the following:(a) the inspections referred to in paragraph 1;(b) the form and content of the reports referred to in paragraph 2 and the frequency with which they are to be submitted.Article 91. Whenever uniform application of the requirements of this Directive renders it necessary, veterinary experts from the Commission may, in conjunction with the competent authorities:(a) verify that the Member States are complying with the said requirements;(b) make on-the-spot checks to ensure that the inspections are carried out in accordance with this Directive.2. A Member State in whose territory an inspection is made shall provide the veterinary experts from the Commission with any assistance they may require for the performance of their tasks. The outcome of the checks made must be discussed with the competent authority of the Member State concerned before a final report is drawn up and circulated.3. The competent authority of the Member State concerned shall take any measures which may prove necessary to take account of the results of the checks.4. Detailed rules for the application of this Article shall be adopted, if necessary, in accordance with the procedure laid down in Article 11.Article 10Not later than 1 January 2005 the Commission shall submit to the Council a report, drawn up on the basis of an opinion from the Scientific Veterinary Committee, on the various systems of rearing laying hens, and in particular on those covered by this Directive, taking account both of pathological, zootechnical, physiological, and ethological aspects of the various systems and of their health and environmental impact.That report shall also be drawn up on the basis of a study of the socio-economic implications of the various systems and their effects on the Community's economic partners.In addition, it shall be accompanied by appropriate proposals taking into account the conclusions of the report and the outcome of the World Trade Organisation negotiations.The Council shall act by a qualified majority on these proposals within 12 months of their submission.Article 111. Where the procedure laid down in this Article is to be followed, the matter shall be referred without delay to the Standing Veterinary Committee set up by Decision 68/361/EEC(6), hereinafter referred to as "the committee", by its chairman acting either on his own initiative or at the request of a Member State.2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.(b) If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by qualified majority.If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the Commission shall adopt the proposed measures and implement them immediately, save where the Council has decided against the said measures by a simple majority.Article 12Directive 88/166/EEC is hereby repealed with effect from 1 January 2003.Article 131. Member States shall bring into force the laws, regulations and administrative provisions, including any penalties, necessary to comply with this Directive not later than 1 January 2002. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. The Member States may, while respecting the general rules laid down in the Treaty, maintain or apply within their territories provisions for the protection of laying hens which are more stringent than those envisaged by this Directive. They shall inform the Commission of any measure taken to that end.3. 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 14This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 15This Directive is addressed to the Member States.Done at Brussels, 19 July 1999.For the CouncilThe PresidentK. HEMILÄ(1) OJ C 157, 4.6.1999, p. 8.(2) OJ C 128, 7.5.1999, p. 78.(3) OJ C 101, 12.4.1999.(4) OJ L 74, 19.3.1988, p. 83.(5) OJ L 221, 8.8.1998, p. 23.(6) OJ L 255, 18.10.1968, p. 23.ANNEXIn addition to the relevant provisions of the Annex to Directive 98/58/EC, the following requirements apply:1. All hens must be inspected by the owner or the person responsible for the hens at least once a day.2. The sound level shall be minimised. Constant or sudden noise shall be avoided. Ventilation fans, feeding machinery or other equipment shall be constructed, placed, operated and maintained in such a way that they cause the least possible noise.3. All buildings shall have light levels sufficient to allow all hens to see one another and be seen clearly, to investigate their surroundings visually and to show normal levels of activity. Where there is natural light, light apertures must be arranged in such a way that light is distributed evenly within the accommodation.After the first days of conditioning, the lighting regime shall be such as to prevent health and behavioural problems. Accordingly it must follow a 24-hour rhythm and include an adequate uninterrupted period of darkness lasting, by way of indication, about one third of the day, so that the hens may rest and to avoid problems such as immunodepression and ocular anomalies. A period of twilight of sufficient duration ought to be provided when the light is dimmed so that the hens may settle down without disturbance or injury.4. Those parts of buildings, equipment or utensils which are in contact with the hens shall be thoroughly cleansed and disinfected regularly and in any case every time depopulation is carried out and before a new batch of hens is brought in. While the cages are occupied, the surfaces and all equipment shall be kept satisfactorily clean.Droppings must be removed as often as necessary and dead hens must be removed every day.5. Cages must be suitably equipped to prevent hens escaping.6. Accommodation comprising two or more tiers of cages must have devices or appropriate measures must be taken to allow inspection of all tiers without difficulty and facilitate the removal of hens.7. The design and dimensions of the cage door must be such that an adult hen can be removed without undergoing unnecessary suffering or sustaining injury.8. Without prejudice to the provisions of point 19 of the Annex to Directive 98/58/EC, all mutilation shall be prohibited.In order to prevent feather pecking and cannibalism, however, the Member States may authorise beak trimming provided it is carried out by qualified staff on chickens that are less than 10 days old and intended for laying.


title: Commission Directive 2007/69/EC of 29 November 2007 amending Directive 98/8/EC of the European Parliament and of the Council to include difethialone as an active substance in Annex I thereto (Text with EEA relevance)

text:
                  30.11.2007

                  EN

                  Official Journal of the European Union

                  L 312/23

            COMMISSION DIRECTIVE 2007/69/EC
      of 29 November 2007
      amending Directive 98/8/EC of the European Parliament and of the Council to include difethialone 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 2032/2003 of 4 November 2003 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 and amending Regulation (EC) No 1896/2000 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes difethialone.

                  (2)

                  Pursuant to Regulation (EC) No 2032/2003, difethialone has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 14, rodenticides, as defined in Annex V to Directive 98/8/EC.

                  (3)

                  Norway was designated as Rapporteur and submitted the competent authority report, together with a recommendation, to the Commission on 11 October 2005 in accordance with Article 10(5) and (7) of Regulation (EC) No 2032/2003.

                  (4)

                  The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 11(4) of Regulation (EC) No 2032/2003, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 21 June 2007, in an assessment report.

                  (5)

                  The review of difethialone did not reveal any open questions or concerns to be addressed by the Scientific Committee on Health and Environmental Risks.

                  (6)

                  It appears from the examinations made that biocidal products used as rodenticides and containing difethialone may be expected not to present a risk to humans except for accidental incidents with children. Regarding non-target animals and the environment a risk has been identified. However, difethialone is for the time being considered essential for reasons of public health and hygiene. It is therefore justified to include difethialone in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as rodenticides and containing difethialone can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

                  (7)

                  In the light of the findings of the assessment report, it is appropriate to require that specific risk mitigation measures are applied at product authorisation level to products containing difethialone and used as rodenticides. Such measures should be aimed at limiting the risk of primary and secondary exposure of humans and non-target animals as well as the long term effects of the substance on the environment.

                  (8)

                  Because of the identified risks and its characteristics, which render it potentially persistent, liable to bioaccumulate and toxic, or very persistent and very liable to bioaccumulate difethialone should be included in Annex I for five years only and should be made subject to a comparative risk assessment in accordance with the second subparagraph of Article 10(5)(i) of Directive 98/8/EC before its inclusion in Annex I is renewed.

                  (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 difethialone 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 14 containing difethialone 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 31 October 2008 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
      They shall apply those provisions from 1 November 2009.
      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 that of its publication in the Official Journal of the European Union.
      Article 4
      This Directive is addressed to the Member States.

         Done at Brussels, 29 November 2007.

               For the Commission

            Stavros DIMAS

               Member of the Commission

         (1)  OJ L 123, 24.4.1998, p. 1. Directive as last amended by Directive 2007/47/EC (OJ L 247, 21.9.2007, p. 21).

         (2)  OJ L 307, 24.11.2003, p. 1. Regulation as last amended by Regulation (EC) No 1849/2006 (OJ L 355, 15.12.2006, p. 63).

         ANNEX
         The following entry ‘No 4’ 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 (*)

                        ‘4

                        Difethialone

                        3-[3-(4′-bromo[1,1′biphenyl]-4-yl)-1,2,3,4-tetrahydronaphth-1-yl]-4-hydroxy-2H-1-benzothiopyran-2-one
                        EC No: n/a
                        CAS No: 104653-34-1

                        976  g/kg

                        1 November 2009

                        31 October 2011

                        31 October 2014

                        14

                        In view of the fact that the active substance characteristics render it potentially persistent, liable to bioaccumulate and toxic, or very persistent and very liable to bioaccumulate, the active substance is to be subject to a comparative risk assessment in accordance with the second subparagraph of Article 10(5)(i) of Directive 98/8/EC before its inclusion in this Annex is renewed.
                        Member States shall ensure that authorisations are subject to the following conditions:

                                    (1)

                                    The nominal concentration of the active substance in the products shall not exceed 0,0025 % w/w and only ready-for-use baits shall be authorised.

                                    (2)

                                    Products shall contain an aversive agent and, where appropriate, a dye.

                                    (3)

                                    Products shall not be used as tracking powder.

                                    (4)

                                    Primary as well as secondary exposure of humans, non-target animals and the environment are minimised, by considering and applying all appropriate and available risk mitigation measures. These include, amongst others, the restriction to professional use only, setting an upper limit to the package size and laying down obligations to use tamper resistant and secured bait boxes.’

            (*)  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


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31985L0429

Commission Directive 85/429/EEC of 8 July 1985 amending the annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 245 , 12/09/1985 P. 0001 - 0032 Spanish special edition: Chapter 03 Volume 37 P. 0197  Portuguese special edition Chapter 03 Volume 37 P. 0197  Finnish special edition: Chapter 3 Volume 19 P. 0119  Swedish special edition: Chapter 3 Volume 19 P. 0119

COMMISSION   DIRECTIVEof 8  July 1985amending the Annexes to Council Directive 70/524/EEC  concerning additives in feedingstuffs(85/429/EEC)<(BLK0)LA ORG="CCF">EN</(BLK0)LA>  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 50th Commission Directive 85/342/EEC  (2), and in particular  Article 7 thereof, Whereas Directive 70/524/EEC provides for a consolidated version of the Annexes to be adopted at  regular intervals in order to incorporate the amendments made on account of advances in scientific  and technical knowledge; Whereas, since the adoption of the Directive, the Annexes have been amended a number of times;  whereas, by reason of their number, their complexity and their dispersal among various Official  Journals, the texts are difficult to use and thus lack the clarity which should be an essential  feature of all legislation; whereas they should therefore be consolidated; whereas on the same  occasion the name or chemical description of some additives should be rectified or made more  precise and certain material errors should be corrected; 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  Annexes I and II to Directive 70/524/EEC are hereby replaced by the  Annexes to this Directive. Article 2  Member States shall not later than 3  December 1986 take the necessary measures to  comply with this Directive, and shall immediately inform the Commission thereof. Article 3  This Directive is addressed to the Member States. Done at Brussels, 8  July 1985. For the CommissionFrans ANDRIESSENVice-President ANNEX I <(BLK0)LA ORG="CCF">EN</(BLK0)LA>>TABLE>>TABLE> >TABLE  POSITION> >TABLE> ANNEX II<(BLK0)LA ORG="CCF">EN</(BLK0)LA>>TABLE> >TABLE> >TABLE  POSITION> >TABLE>


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31992L0014

Council Directive 92/14/EEC of 2 March 1992 on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988)

Official Journal L 076 , 23/03/1992 P. 0021 - 0027 Finnish special edition: Chapter 7 Volume 4 P. 0080  Swedish special edition: Chapter 7 Volume 4 P. 0080

COUNCIL DIRECTIVE 92/14/EEC of 2 March 1992 on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988)THE COUNCIL OF THE  EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,  Having regard to the proposal from the Commission(1) ,  Having regard to the opinion of the European Parliament(2) ,  Having regard to the opinion of the Economic and Social Committee(3) ,  Whereas the application of noise emission standards to civil subsonic jet aeroplanes has significant consequences for the provision of air transport services, in particular where such standards limit the useful life of aeroplanes operated by airlines;  whereas Council Directive 80/51/EEC(4) , fixes limits on emission of such noise;  Whereas Council Directive 89/629/EEC(5)  limits the addition to the civil air registers of Member States of aeroplanes that only comply with the standards specified in Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil  Aviation, second edition (1988); whereas that Directive specifies that the limitation on addition is only a first stage;  Whereas the programme of action of the European Communities on the environment(6)  shows clearly the importance of the problem of noise and, in particular, the need to take action against noise due to air traffic;  Whereas, owing to the problem of growing congestion at Community airports, it is essential to ensure that the best use is made of existing facilities; whereas this will only be possible if environmentally acceptable aeroplanes are used;  Whereas the work undertaken by the Community in cooperation with other international bodies indicates that measures to limit the operation of aeroplanes which do not comply with the standards of Chapter 3 of Annex 16 must follow any non-addition rule in  order for this to be of environmental benefit;  Whereas common rules for this purpose should be introduced on a reasonable time-scale to ensure a harmonized approach throughout the Community, supplementing existing rules; whereas this is particularly important in view of the recent trend towards  progressive liberalization of European air traffic;  Whereas aeroplane noise should be further reduced, taking into account environmental factors, technical feasibility and economic consequences;  Whereas it is appropriate to restrict the operation of civil subsonic jet aeroplanes on Member States' registers to those which comply with the standards of Chapter 3 of Annex 16; whereas a timetable for the gradual withdrawal from Member States'  registers of those aeroplanes which do not meet Chapter 3 standards would represent a facility both for airlines and for manufacturers;  Whereas special consideration should be given to the problems of developing nations;  Whereas in cases of technical or economic difficulty, it would be reasonable to grant limited exemptions,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1.  The objective of this Directive is to restrict the operation of civil subsonic jet aeroplanes as specified in Article 2.  2.  This Directive shall apply to aeroplanes with a maximum take-off mass of 34 000 kg or more with a certified maximum internal accommodation for the aeroplane type in question consisting of more than nineteen passenger seats, excluding any seats for  crew only.  Article 2  1.  Member States shall ensure that, as from 1 April 1995, civil subsonic jet aeroplanes fitted with engines having a by-pass ratio of less than two cannot operate at airports situated in their territory unless granted noise certification  either:  (a) to the standards specified in Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988); or (b) to the standards specified in Part II, Chapter 2, Volume 1 of Annex 16 to the aforesaid Convention, provided that they were first issued an individual certificate of airworthiness less than 25 years previously.  2.  Member States shall ensure that, as from 1 April 2002, all civil subsonic jet aeroplanes operating from airports situated in their territory comply with the provisions of paragraph 1 (a).  3.  The territory referred to in paragraphs 1 and 2 shall not include the overseas departments referred to in Article 227 (2) of the Treaty.  Article 3  Aeroplanes listed in the Annex shall be exempt from the provisions of Article 2 (1) (a) and (b) in so far as:  (a) such subsonic civil jet aeroplanes, granted noise certification to the standards specified in Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988), operated into Community airports in a  12-month reference period between 1986 and 1990 selected in conjunction with the States concerned; and (b) these aeroplanes were on the register of the developing nations shown in the Annex in the reference year and continue to be operated by natural or legal persons established in those countries.  Article 4  Member States may grant exemptions to the 25-year term specified in Article 2 (1) (b), for not more than three years in total, for aeroplanes in respect of which an airline demonstrates that the pursuit of its operations would otherwise be  adversely affected to an unreasonable extent.  Article 5  1.  Member States shall exempt from Article 2 (1) aeroplanes which do not meet the standards of Chapter 3 of Annex 16 but which can be altered to meet those standards, provided that:  (a) suitable conversion equipment exists and is actually available for the aeroplane type in question;  (b) aeroplanes fitted with such equipment meet the standards of Chapter 3 of Annex 16, as determined in accordance with the technical standards and procedures accepted by the Member States until such time as common standards and procedures are  established at Community level;  (c) the airline has ordered the equipment by 1 April 1994;  (d) the airline has accepted the earliest delivery date for such alterations.  2.  Member States may grant exemptions from Article 2 for aeroplanes of historical interest.  Article 6  Member States may grant, on the basis of the principle of one exemption for each aeroplane ordered, exemptions from the provisions of Article 2 (1) for aeroplanes where an order has been placed before 1 April 1994 for a replacement aeroplane  that meets the standards of Chapter 3 of Annex 16, provided that the airline accepted the earlist delivery date.  Article 7  Subject to the approval of the competent authority of a Member State, airlines may not be required under Article 2 (1) to delete from the registers aeroplanes which do not meet the standards of Chapter 3 of Annex 16 at an annual rate  equivalent to more than 10 % of their total civil subsonic jet fleet.  Article 8  In individual cases, Member States may permit the temporary use at airports situated in their territory of aeroplanes which cannot be operated on the basis of the other provisions of this Directive. This exemption should be limited to:  (a) aeroplanes whose operations are of such an exceptional nature that it would be unreasonable to withhold a temporary exemption;  (b) aeroplanes on non-revenue flights for the purposes of alterations, repair or maintenance.  Article 9  1.  Any Member State granting exemptions under Article 4 to 7 shall inform the competent authorities of the other Member States and the Commission of the fact and of the grounds for its decision.  2.  Any Member State shall recognize the exemptions granted by another Member State in respect of aeroplanes on the registers of the latter.  Article 10  1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1992.  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 Member  States.  2.  Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.  Article 11  This Directive is addressed to the Member States.  Done at Brussels, 2 March 1992.  For the CouncilThe PresidentJoao PINHEIRO (1) OJ No C 111, 26. 4. 1991, p. 5.  (2) OJ No C 13, 20. 1. 1992.  (3) OJ No C 339, 31. 12. 1991, p. 89.  (4) OJ No L 18, 24. 1. 1990, p. 26. Directive amended by Directive 83/206/EEC (OJ No L 117, 4. 5. 1983, p. 15).  (5) OJ No L 363, 13. 12. 1989, p. 27.  (6) OJ No C 328, 7. 12. 1987, p. 1.    ANNEX   LIST OF AIRCRAFT EXEMPTED IN ACCORDANCE WITH ARTICLE 3     ALGERIA  Aeroplane Type Registration Operator B-727-2D67T-VEH AIR ALGERIE B-727-2D67T-VEI AIR ALGERIE B-727-2D67T-VEM AIR ALGERIE B-727-2D67T-VEP AIR ALGERIE B-737-2D67T-VEE AIR ALGERIE B-737-2D67T-VEG AIR ALGERIE B-737-2D67T-VEJ AIR ALGERIE B-737-2D67T-VEK AIR ALGERIE B-737-2D67T-VEL AIR ALGERIE B-737-2D67T-VEN AIR ALGERIE B-737-2D67T-VED AIR ALGERIE B-737-2D67T-VEQ AIR ALGERIE   BURKINA FASO  B-707-336CXT-ABX NAGANGANNI   CHILE  B-707-331CCC-CUE FAST AIR CARRIER SF   DOMINICAN REPUBLIC  B-707-399CHI-422CT DOMINICANA DE AVIACIÓN   EGYPT  B-707-328CSU-DAAZ AS AIRLINE B-707-336CSU-DAZ AS AIRLINE  B-737-266SU-BBX EGYPT AIR B-737-266SU-AYL EGYPT AIR B-737-266SU-AYK EGYPT AIR B-737-266SU-AYI EGYPT AIR B-737-266SU-BBW EGYPT AIR B-737-266SU-AYO EGYPT AIR    GHANA  F-28-20009G-ABZ GHANA AIRWAYS CORPORATION   KENYA  DC-8-635Y-ZEB AFRICAN SAFARI AIRWAYS Ltd   LIBYA  B 727-2L55A-DIC LYBYAN ARAB AIRLINES B 727-2L55A-DIB LYBYAN ARAB AIRLINES B 727-2L55A-DIA LYBYAN ARAB AIRLINES B 727-2L55A-DID LYBYAN ARAB AIRLINES B 727-2L55A-DIE LYBYAN ARAB AIRLINES   MAURITANIA  F 28-40005T-CLF AIR MAURITANIE F 28-40005T-CLG AIR MAURITANIE   MOROCCO  B 727-2B6CN-RMO ROYAL AIR MAROC B 727-2B6CN-CCF ROYAL AIR MAROC B 727-2B6CN-CCG ROYAL AIR MAROC B 727-2B6CN-CCH ROYAL AIR MAROC B 727-2B6CN-CCW ROYAL AIR MAROC  B 737-2B6CN-RMI ROYAL AIR MAROC B 737-2B6CN-RMJ ROYAL AIR MAROC B 737-2B6CN-RMK ROYAL AIR MAROC  B 707-351CCN-RMB ROYAL AIR MAROC B 707-351CCN-RMC ROYAL AIR MAROC   NIGERIA  B 707-351C5N-ASYE AS CARGO AIRLINES B 707-338C5N-ARQD AS AIR CARGO B 707-3F9C5N-ABK NIGERIA AIRWAYS Ltd   RWANDA  B 707-328C9XR-JA AIR RWANDA   SUDAN  B 707-338CST-ALP TRANS ARABIAN AIR TRANSPORT   PARAGUAY  DC-8-63ZP-CCH LÍNEAS AÉREAS PARAGUAYAS (AIR PARAGUAY)   URUGUAY  B-707-387BCX-BNU PRIMERAS LÍNEAS URUGUAYAS DE NAVEGACIÓN AÉREA (PLUNA)   SWAZILAND  DC-8F-543D-ADV AFRICAN INTERNATIONAL AIRWAYS (PTY) Ltd   TUNISIA  B-727-2H3TS-JHT TUNIS AIR   ZAIRE  B-707-329C90-CBS SCIBE AIRLIFT   ZIMBABWE  B-707-330BZ-WKU AIR ZIMBABWE B-707-330BZ-WKV AFRICAN AIRLINES INTERNATIONAL


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31999L0058

Commission Directive 1999/58/EC of 7 June 1999 adapting to technical progress Council Directive 79/533/EEC relating to coupling and reversing devices for wheeled agricultural or forestry tractors (Text with EEA relevance)

Official Journal L 148 , 15/06/1999 P. 0037 - 0038

COMMISSION DIRECTIVE 1999/58/ECof 7 June 1999adapting to technical progress Council Directive 79/533/EEC relating to coupling and reversing devices for wheeled agricultural or forestry tractors(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors(1), as last amended by Directive 97/54/EC of the European Parliament and of the Council(2), and in particular Article 11 thereof,Having regard to Council Directive 79/533/EEC of 17 May 1979 on the approximation of the laws of the Member States relating to the coupling devide and the reverse of wheeled agricultural or forestry tractors(3), as last amended by Directive 97/54/EC, and in particular Article 4 thereof,(1) Whereas, in order to improve safety, it is now necessary to clarify the requirements for the coupling device;(2) Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Article 12 of Directive 74/150/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Item 3 of Annex I to Directive 79/533/EEC is hereby amended as follows:1. the first paragraph is replaced by the following: "The device shall be of the slotted-jaw type. The opening at the centre of the locking pin shall be 60 mm + 0,5/- 1,5 mm and the depth of the jaw measured from the centre of the pin shall be 62 mm +- 0,5 mm.";2. the diagram is deleted.Article 21. From 1 July 2000, Member States may not:- refuse to grant EC type-approval, to issue the document provided for in the third indent of Article 10(1) of Directive 74/150/EEC, or to grant national type-approval, in respect of a type of tractor, or- prohibit the entry into service of tractors,if the tractors in question comply with the requirements of Directive 79/533/EEC, as amended by this Directive.2. From 1 January 2001, Member States:- may no longer issue the document provided for in the third indent of Article 10(1) of Directive 74/150/EEC in respect of a type of tractor which does not meet the requirements of Directive 79/533/EEC, as amended by this Directive,- may refuse to grant national type-approval in respect of a type of tractor which does not meet the requirements of Directive 79/533/EEC, as amended by this Directive.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2000 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt those provision, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the text of the main provisions of domestic law that they adopt in the field governed by this Directive.Article 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 7 June 1999.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ L 84, 28.3.1974, p. 10.(2) OJ L 277, 10.10.1997, p. 24.(3) OJ L 145, 13.6.1979, p. 20.


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31969L0064

Council Directive 69/64/EEC of 18 February 1969 amending the Council Directive of 14 June 1966 on the marketing of forest reproductive material

Official Journal L 048 , 26/02/1969 P. 0012 - 0012 Finnish special edition: Chapter 3 Volume 2 P. 0173  Danish special edition: Series I Chapter 1969(I) P. 0056  Swedish special edition: Chapter 3 Volume 2 P. 0173  English special edition: Series I Chapter 1969(I) P. 0061  Greek special edition: Chapter 03 Volume 4 P. 0092  Spanish special edition: Chapter 03 Volume 3 P. 0074  Portuguese special edition Chapter 03 Volume 3 P. 0074

COUNCIL DIRECTIVE  of 18 February 1969  amending the Council Directive of 14 June 1966 on the marketing of forest reproductive material  (69/64/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof; Having regard to the proposal from the Commission; Having regard to the opinion of the European Parliament (1); Having regard to the Opinion of the Economic and Social Committee; Whereas it appears desirable to amend certain provisions of the Council Directive of 14 June 1966 (2) on the marketing of forest reproductive material; Whereas by 1 July 1967 certain Member States had not succeeded in complying with the provisions of the above-mentioned Directive with regard to the species Abies alba, Picea abies, Pinus sylvestris and Pseudotsuga taxifolia ; whereas an additional period should therefore be granted to them; Whereas, on the other hand, the time limit set for the genus Populus and the species Quercus borealis may be brought forward without difficulty; HAS ADOPTED THIS DIRECTIVE:  Article 1The following shall be substituted for subparagraphs (a) to (c) of Article 18 (1) of the Council Directive of 14 June 1966 on the marketing of forest reproductive material; "(a) not later than 1 July 1969 for seeds and part of plants of: Abies alba Mill Larix decidua Mill Larix leptolepis (Sieb & Zucc) Gord Picea abies Karst Picea sitchensis Trautv et Mey Pinus nigra Arn Pinus sylvestris L Pinus strobus L Populus Pseudotsuga taxifolia Britt Quercus borealis Michx (b) not later than 1 July 1971 for seeds and parts of plants of : Fagus sylvatica L Quercus pendunculata Ehrh Quercus sessiliflora Sal ". Article 2This Directive is addressed to the Member States. Done at Brussels, 18 February 1969. For the Council The President J.P. BUCHLER (1) OJ No C 135, 14.12.1968, p. 25. (2) OJ No C 125, 11.7.1966, p. 2326/66.


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31999L0028

Commission Directive 1999/28/EC of 21 April 1999 amending the Annex to Council Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (Text with EEA relevance)

Official Journal L 118 , 06/05/1999 P. 0053 - 0054

COMMISSION DIRECTIVE 1999/28/ECof 21 April 1999amending the Annex to Council Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988)(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/14/EEC of 2 March 1992 on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988)(1), as last amended by Directive 98/20/EC(2), and in particular Article 9a thereof,(1) Whereas Article 3 of Directive 92/14/EEC exempts the aeroplanes listed in the Annex thereto, provided, in particular, that they continue to be used by natural or legal persons established in the nation of registration of the reference period;(2) Whereas Article 9a of Directive 92/14/EEC provides for a simplified procedure for amendments to the Annex with a view to ensuring full conformity with the eligibility criteria;(3) Whereas, some aeroplanes included in the Annex have been destroyed and others have been removed from the register of the relevant developing nation, and amendments to the Annex are therefore required;(4) Whereas the provisions of this Directive are in accordance with the opinion of the Aviation Safety Regulation Committee established by Council Regulation (EEC) No 3922/91(3)(4), as amended by Commission Regulation (EC) No 2176/96(5),HAS ADOPTED THIS DIRECTIVE:Article 1The Annex to Directive 92/14/EEC is hereby amended as set out in 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 1 September 1999 at the latest. They shall forthwith inform the Commission thereof.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.2. Member States shall communicate to the Commission the text of the main provisions of domestic law that they adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 21 April 1999.For the CommissionNeil KINNOCKMember of the Commission(1) OJ L 76, 23.3.1992, p. 21.(2) OJ L 107, 7.4.1998, p. 4.(3) OJ L 373, 31.12.1991, p. 4.(4) Aviation Safety Regulation Committee meeting of 2 February 1999.(5) OJ L 291, 14.11.1996, p. 15.ANNEXIn the Annex, the following aeroplanes shall be deleted:EGYPT>TABLE>LEBANON>TABLE>LIBERIA>TABLE>MOROCCO>TABLE>NIGERIA>TABLE>ZIMBABWE>TABLE>


title: Council Directive 2014/86/EU of 8 July 2014 amending Directive 2011/96/EU on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States

text:
               25.7.2014

               EN

               Official Journal of the European Union

               L 219/40

         COUNCIL DIRECTIVE 2014/86/EU
   of 8 July 2014
   amending Directive 2011/96/EU on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 115 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   Acting in accordance with a special legislative procedure,
   Whereas:

               (1)

               Council Directive 2011/96/EU (3) exempts dividends and other profit distributions paid by subsidiary companies to their parent companies from withholding taxes and eliminates double taxation of such income at the level of the parent company.

               (2)

               The benefits of Directive 2011/96/EU should not lead to situations of double non-taxation and, therefore, generate unintended tax benefits for groups of parent companies and subsidiaries of different Member States when compared to groups of companies of the same Member State.

               (3)

               For the purpose of avoiding situations of double non-taxation deriving from mismatches in the tax treatment of profit distributions between Member States, the Member State of the parent company and the Member State of its permanent establishment should not allow those companies to benefit from the tax exemption applied to received distributed profits, to the extent that such profits are deductible by the subsidiary of the parent company.

               (4)

               It is appropriate to update Part A of Annex I to Directive 2011/96/EU to include other forms of companies made subject to corporation tax in Poland and other forms of companies which have been introduced in the company law of Romania.

               (5)

               Directive 2011/96/EU should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 2011/96/EU is amended as follows:

               (1)

               in Article 4(1), point (a) is replaced by the following:

                           ‘(a)

                           refrain from taxing such profits to the extent that such profits are not deductible by the subsidiary, and tax such profits to the extent that such profits are deductible by the subsidiary; or’;

               (2)

               in Annex I, part A, point (u) is replaced by the following:

                           ‘(u)

                           companies under Polish law known as: “spółka akcyjna”, “spółka z ograniczoną odpowiedzialnością”, spółka komandytowo-akcyjna;’;

               (3)

               in Annex I, part A, point (w) is replaced by the following:

                           ‘(w)

                           companies under Romanian law known as: “societăți pe acțiuni”, “societăți în comandită pe acțiuni”, “societăți cu răspundere limitată”, “societăți în nume colectiv”, “societăți în comandită simplă”;’.

         Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2015. They shall forthwith communicate to the Commission the text of those provisions.
   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. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 8 July 2014.

            For the Council

            The President

         P. C. PADOAN

      (1)  Opinion of 2 April 2014 (not yet published in the Official Journal).

      (2)  Opinion of 25 March 2014 (not yet published in the Official Journal).

      (3)  Council Directive 2011/96/EU of 30 November 2011 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (OJ L 345, 29.12.2011, p. 8).


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32001L0110

Council Directive 2001/110/EC of 20 December 2001 relating to honey

Official Journal L 010 , 12/01/2002 P. 0047 - 0052

Council Directive 2001/110/ECof 20 December 2001relating to honeyTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas:(1) Certain vertical directives relating to foods should be simplified in order to take account only of the essential requirements to be met by the products they cover in order that those products may move freely within the internal market, in accordance with the conclusions of the European Council held in Edinburgh on 11 and 12 December 1992, confirmed by those of the European Council in Brussels on 10 and 11 December 1993.(2) Council Directive 74/409/EEC of 22 July 1974 on the harmonisation of the laws of the Member States relating to honey(4) was justified by the fact that differences between national laws on the definition of honey, the various types of honey and the characteristics required of it could result in conditions of unfair competition likely to mislead consumers, and thereby have a direct effect on the establishment and functioning of the common market.(3) Directive 74/409/EEC and its subsequent amendments consequently established definitions, specified the different types of honey which could be placed on the market under appropriate names, laid down common rules on composition and determined the main labelling information so as to ensure the free movement of these products within the Community.(4) For the sake of clarity Directive 74/409/EEC should be recast, in order to make rules on the conditions for the production and marketing of honey more accessible and to bring it into line with general Community legislation on foodstuffs, particularly legislation on labelling, contaminants and methods of analysis.(5) The general food-labelling rules laid down in Directive 2000/13/EC of the European Parliament and of the Council(5) should apply subject to certain conditions. In view of the close link between the quality of honey and its origin, it is indispensable that full information on those matters be available so that the consumer is not misled regarding the quality of the product. The particular consumer interests as regards the geographical characteristics of honey and full transparency in this regard necessitate that the country of origin where the honey has been harvested should be included in the labelling.(6) No pollen or other individual ingredient of honey is to be removed, unless that is inevitable when organic and inorganic foreign materials are removed. That process may be carried out by filtering. Where such filtering leads to the removal of a significant quantity of pollen, the consumer must be correctly informed to that effect by means of an appropriate indication on the label.(7) Honey the name of which includes indications concerning floral, vegetable, regional, territorial or topographical origin or specific quality criteria may not have filtered honey added to it. So that the transparency of the market may be improved, the labelling of filtered honeys and baker's honeys must be mandatory for every transaction on the bulk market.(8) As the Commission stressed in its communication to the European Parliament and the Council of 24 June 1994 on European apiculture, the Commission may adopt methods of analysis to ensure compliance with the compositional characteristics and additional specific statements for all honey marketed in the Community.(9) It is desirable to take account of the work achieved on a new Codex standard for honey, adjusted, as appropriate, to the specific requirements of the Community.(10) In accordance with the principles of subsidiarity and proportionality established by Article 5 of the Treaty, the objective of laying down common definitions and rules for the products concerned and bringing the provisions into line with general Community legislation on foodstuffs cannot be sufficiently achieved by the Member States and can therefore, by reason of the nature of this Directive, be better achieved by the Community. This Directive does not go beyond what is necessary to achieve the said objective.(11) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6).(12) To avoid creating new barriers to free movement, Member States should refrain from adopting, for the products in question, national provisions not provided for by this Directive,HAS ADOPTED THIS DIRECTIVE:Article 1This Directive shall apply to the products defined in Annex I. These products shall meet the requirements set out in Annex II.Article 2Directive 2000/13/EC shall apply to the products defined in Annex I, subject to the following conditions:1. the term "honey" shall be applied only to the product defined in Annex I, point 1, and shall be used in trade to designate that product;2. the product names referred to in Annex I, points 2 and 3, shall apply only to the products defined therein and shall be used in trade to designate them. These names may be replaced by the simple product name "honey", except in the case of filtered honey, comb honey, chunk honey or cut comb in honey and baker's honey.However,(a) in the case of baker's honey, the words "intended for cooking only" shall appear on the label in close proximity to the product name;(b) except in the case of filtered honey and baker's honey, the product names may be supplemented by information referring to:- floral or vegetable origin, if the product comes wholly or mainly from the indicated source and possesses the organoleptic, physico-chemical and microscopic characteristics of the source,- regional, territorial or topographical origin, if the product comes entirely from the indicated source,- specific quality criteria;3. where baker's honey has been used as an ingredient in a compound foodstuff, the term "honey" may be used in the product name of the compound food instead of the term "baker's honey". However, in the list of ingredients, the term as referred to in Annex I, point 3, shall be used;4. (a) the country or countries of origin where the honey has been harvested shall be indicated on the label.However, if the honey originates in more than one Member State or third country that indication may be replaced with one of the following, as appropriate:- "blend of EC honeys",- "blend of non-EC honeys",- "blend of EC and non-EC honeys".(b) For the purpose of Directive 2000/13/EC and in particular Articles 13, 14, 16 and 17 thereof, the particulars to be indicated according to subparagraph (a) shall be considered as indications according to Article 3 of that Directive.Article 3In the case of filtered honey and baker's honey, bulk containers, packs and trade documents shall clearly indicate the full product name, as referred to in Annex I, point 2(b)(viii), and point 3.Article 4The Commission may adopt methods to permit verification of compliance of honey with the provisions of this Directive. These methods shall be adopted in accordance with the procedure laid down in Article 7(2). Until the adoption of such methods, Member States shall, whenever possible, use internationally recognised validated methods such as those approved by Codex Alimentarius to verify compliance with the provisions of this Directive.Article 5For the products defined in Annex I, Member States shall not adopt national provisions not provided for by this Directive.Article 6The measures necessary for the implementation of this Directive relating to the matters referred to below shall be adopted in accordance with the procedure set out in Article 7(2):- bringing this Directive into line with general Community legislation on foodstuffs,- adaptations to technical progress.Article 71. The Commission shall be assisted by the Standing Committee on Foodstuffs (hereinafter referred to as "the Committee") set up by Article 1 of Decision 69/414/EEC(7).2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 8Directive 74/409/EEC is hereby repealed with effect from 1 August 2003.References to the repealed Directive shall be construed as references to this Directive.Article 9Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 August 2003. They shall forthwith inform the Commission thereof.The measures shall be applied so as to:- authorise the marketing of the products defined in Annex I if they conform to the definitions and rules laid down in this Directive, with effect from 1 August 2003;- prohibit the marketing of products which fail to conform to this Directive, with effect from 1 August 2004.However, the marketing of products which fail to conform to this Directive and labelled before 1 August 2004 in accordance with Directive 74/409/EEC shall be permitted until stocks run out.When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.Article 10This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 11This Directive is addressed to the Member States.Done at Brussels, 20 December 2001.For the CouncilThe PresidentC. Picqué(1) OJ C 231, 9.8.1996, p. 10.(2) OJ C 279, 1.10.1999, p. 91.(3) OJ C 56, 24.2.1997, p. 20.(4) OJ L 221, 12.8.1974, p. 10. Directive as last amended by the 1985 Act of Accession of Spain and Portugal.(5) OJ L 109, 6.5.2000, p. 29.(6) OJ L 184, 17.7.1999, p. 23.(7) OJ L 291, 19.11.1969, p. 9.ANNEX INAMES, PRODUCT DESCRIPTIONS AND DEFINITIONS1. Honey is the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature.2. The main types of honey are as follows:(a) according to origin:(i) blossom honey or nectar honeyHoney obtained from the nectar of plants;(ii) honeydew honeyHoney obtained mainly from excretions of plant sucking insects (Hemiptera) on the living part of plants or secretions of living parts of plants;(b) according to mode of production and/or presentation:(iii) comb honeyHoney stored by bees in the cells of freshly built broodless combs or thin comb foundation sheets made solely of beeswax and sold in sealed whole combs or sections of such combs;(iv) chunk honey or cut comb in honeyHoney which contains one or more pieces of comb honey;(v) drained honeyHoney obtained by draining decapped broodless combs;(vi) extracted honeyHoney obtained by centrifuging decapped broodless combs;(vii) pressed honeyHoney obtained by pressing broodless combs with or without the application of moderate heat not exceeding 45 °C;(viii) filtered honeyHoney obtained by removing foreign inorganic or organic matter in such a way as to result in the significant removal of pollen.3. Baker's honeyHoney which is (a) suitable for industrial uses or as an ingredient in other foodstuffs which are then processed and (b) may:- have a foreign taste or odour, or- have begun to ferment or have fermented, or- have been overheated.ANNEX IICOMPOSITION CRITERIA FOR HONEYHoney consists essentially of different sugars, predominantly fructose and glucose as well as other substances such as organic acids, enzymes and solid particles derived from honey collection. The colour of honey varies from nearly colourless to dark brown. The consistency can be fluid, viscous or partly to entirely crystallised. The flavour and aroma vary, but are derived from the plant origin.When placed on the market as honey or used in any product intended for human consumption, honey shall not have added to it any food ingredient, including food additives, nor shall any other additions be made other than honey. Honey must, as far as possible, be free from organic or inorganic matters foreign to its composition. With the exception of point 3 of Annex I, it must not have any foreign tastes or odours, have begun to ferment, have an artificially changed acidity or have been heated in such a way that the natural enzymes have been either destroyed or significantly inactivated.Without prejudice to Annex I, point 2(b)(viii), no pollen or constituent particular to honey may be removed except where this is unavoidable in the removal of foreign inorganic or organic matter.When placed on the market as honey or used in any product intended for human consumption, honey must meet the following composition criteria:1. Sugar content1.1. Fructose and glucose content (sum of both)>TABLE>1.2. Sucrose content>TABLE>2. Moisture content>TABLE>3. Water-insoluble content>TABLE>4. Electrical conductivity>TABLE>5. Free acid>TABLE>6. Diastase activity and hydroxymethylfurfural content (HMF) determined after processing and blending(a) Diastase activity (Schade scale)>TABLE>(b) HMF>TABLE>