title: Council Directive 2013/16/EU of 13 May 2013 adapting certain directives in the field of public procurement, by reason of the accession of the Republic of Croatia

text:
               10.6.2013

               EN

               Official Journal of the European Union

               L 158/184

         COUNCIL DIRECTIVE 2013/16/EU
   of 13 May 2013
   adapting certain directives in the field of public procurement, by reason of the accession of the Republic of Croatia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Treaty of Accession of Croatia, and in particular Article 3(4) thereof,
   Having regard to the Act of Accession of Croatia, and in particular Article 50 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Pursuant to Article 50 of the Act of Accession of Croatia, where acts of the institutions adopted prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in that Act of Accession or in the Annexes thereto, the Council, acting by qualified majority on a proposal from the Commission, shall, to this end, adopt the necessary acts, if the original act was not adopted by the Commission.

               (2)

               The Final Act of the Conference which drew up and adopted the Treaty of Accession of Croatia, indicated that the High Contracting Parties had reached political agreement on a set of adaptations to acts adopted by the institutions required by reason of accession and invited the Council and the Commission to adopt those adaptations before accession, completed and updated where necessary to take account of the evolution of the law of the Union.

               (3)

               Directives 2004/17/EC (1), 2004/18/EC (2) and 2009/81/EC (3) should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directives 2004/17/EC, 2004/18/EC and 2009/81/EC are amended as set out in the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by the date of accession of Croatia to the Union 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.
   They shall apply those provisions from the date of accession of Croatia to the Union.
   When Member States adopt those measures, 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 subject to and as from the date of the entry into force of the Treaty of Accession of Croatia.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 13 May 2013.

            For the Council

            The President

         S. COVENEY

      (1)  Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ L 134, 30.4.2004, p. 1).

      (2)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004, p. 114).

      (3)  Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security (OJ L 216, 20.8.2009, p. 76).

      ANNEX

                  1.

                  Directive 2004/17/EC is amended as follows:

                              (a)

                              the following is inserted in Annex I after the entry for France:
                              ‘Croatia

                              Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which, in accordance with special regulations, engage in the activity of construction (provision) or operation of fixed networks intended to provide service to the public in connection with the production, transmission and distribution of gas and thermal energy and supply of gas or thermal energy to fixed networks, such as the entities engaging in the said activities based on the Licence for carrying out energy activities in accordance with the Energy Act (Official Gazette 120/12).’;

                              (b)

                              the following is inserted in Annex II after the entry for France:
                              ‘Croatia

                              Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which, in accordance with special regulations, engage in the activity of construction (provision) or operation of fixed networks intended to provide service to the public in connection with the production, transmission and distribution of electricity and supply of electricity to fixed networks, such as the entities engaging in the said activities based on the Licence for carrying out energy activities in accordance with the Energy Act (Official Gazette 120/12).’;

                              (c)

                              the following is inserted in Annex III after the entry for France:
                              ‘Croatia

                              Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which, in accordance with special regulations, engage in the activity of construction (provision) or operation of fixed networks intended to provide service to the public in connection with the production, transmission and distribution of drinking water and supply of drinking water to fixed networks, such as the entities established by the local self-government units acting as the public supplier of water supply services or drainage services in accordance with the Waters Act (Official Gazette 153/09 and 130/11).’;

                              (d)

                              the following is inserted in Annex IV after the entry for France:
                              ‘Croatia

                              Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which, in accordance with special regulations, engage in the activity of provision or operation of the networks providing service to the public in the field of railway transport.’;

                              (e)

                              the following is inserted in Annex V after the entry for France:
                              ‘Croatia

                              Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which, in accordance with special regulations, engage in the activity of provision or operation of the networks providing service to the public in the field of urban railway, automated systems, tramway, bus, trolleybus and cable car (cableway) transport, such as the entities engaging in the said activities as a public service in accordance with the Utilities Act (Official Gazette 36/95, 70/97, 128/99, 57/00, 129/00, 59/01, 26/03, 82/04, 110/04, 178/04, 38/09, 79/09, 153/09, 49/11, 84/11, 90/11).’;

                              (f)

                              the following is inserted in Annex VI after the entry for France:
                              ‘Croatia

                              Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which, in accordance with special regulations, engage in the activity of provision of postal services and other services which do not include postal services under Article 112, paragraph 4 of the Act.’;

                              (g)

                              the following is inserted in Annex VII after the entry for France:
                              ‘Croatia

                              Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which, in accordance with special regulations, engage in the activities relating to the exploitation of a geographical area with the aim of exploring and extracting oil and gas, such as the entities engaging in the said activities in accordance with the Mining Act (Official Gazette 75/09 and 49/11).’;

                              (h)

                              the following is inserted in Annex VIII after the entry for France:
                              ‘Croatia

                              Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which, in accordance with special regulations, engage in the activities relating to the exploitation of a geographical area with the aim of exploring and extracting coal and other solid fuels, such as the entities engaging in the said activities in accordance with the Mining Act (Official Gazette 75/09 and 49/11).’;

                              (i)

                              the following is inserted in Annex IX after the entry for France:
                              ‘Croatia

                              Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which, in accordance with special regulations, engage in the activities relating to the exploitation of a geographical area with the aim of making available sea ports, river ports and other transport terminals to operators in sea or river transport, such as the entities engaging in the said activities in accordance with the Maritime Domain and Seaports Act (Official Gazette 158/03, 100/04, 141/06 and 38/09).’;

                              (j)

                              the following is inserted in Annex X after the entry for France:
                              ‘Croatia

                              Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which, in accordance with special regulations, engage in the activities relating to the exploitation of a geographical area with the aim of making available airports and other terminal equipment to air transport operators, such as the entities engaging in the said activities in accordance with the Airports Act (Official Gazette 19/98 and 14/11).’.

                  2.

                  Directive 2004/18/EC is amended as follows:

                              (a)

                              the following is inserted in Annex III after the entry for France:
                              ‘Croatia

                              Contracting authorities referred to in Article 5, paragraph 1, item 3 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11), i.e. legal persons established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character and which meet one of the following conditions:

                                          —

                                          they are financed from the State Budget or from the budget of a local or regional self-government unit or from the budgets of other such legal entities in more than 50 %, or

                                          —

                                          they are subject to management supervision by state bodies, local and regional self-government units or other such legal entities, or

                                          —

                                          they have a supervisory board, an administrative or managerial board, more than half of whose members are appointed by the state bodies, local and regional self-government units or other such legal entities.

                                    For example:

                                          —

                                          Agency Alan d.o.o.,

                                          —

                                          APIS IT d.o.o. — Information Systems and Information Technologies Support Agency,

                                          —

                                          National Folk Dance Ensemble of Croatia “Lado”,

                                          —

                                          Autocesta Rijeka — Zagreb d.d. (Rijeka — Zagreb Motorway),

                                          —

                                          CARnet (Croatian Academic and Research Network),

                                          —

                                          Help and care centres,

                                          —

                                          Social welfare centres,

                                          —

                                          Social care homes,

                                          —

                                          Health care centres,

                                          —

                                          State archives,

                                          —

                                          State Institute for Nature Protection,

                                          —

                                          Fund for Financing the Decommissioning of the Krško Nuclear Power Plant and the Disposal of NEK Radioactive Waste and Spent Nuclear Fuel,

                                          —

                                          Fund for Indemnification of Seized Property,

                                          —

                                          Fund for Reconstruction and Development of Vukovar,

                                          —

                                          Fund for Professional Rehabilitation and Employment of People with Disabilities,

                                          —

                                          Environmental Protection and Energy Efficiency Fund,

                                          —

                                          Croatian Academy of Science and Arts,

                                          —

                                          Croatian Bank for Reconstruction and Development,

                                          —

                                          Hrvatska kontrola zračne plovidbe d.o.o. (Croatia Control Ltd.),

                                          —

                                          Hrvatska lutrija d.o.o. (Croatian Lottery),

                                          —

                                          Croatian Heritage Foundation,

                                          —

                                          Croatian Chamber of Agriculture,

                                          —

                                          Croatian Radio Television,

                                          —

                                          Croatian Association of Technological Culture,

                                          —

                                          Hrvatske autoceste d.o.o. (Croatian Motorways Ltd.),

                                          —

                                          Hrvatske ceste d.o.o. (Croatian Roads Ltd.),

                                          —

                                          Hrvatske šume d.o.o. (Croatian Forests),

                                          —

                                          Hrvatske vode (Croatian water management company),

                                          —

                                          Croatian Audiovisual Centre,

                                          —

                                          Croatian Centre for Horse Breeding — State Stud Farms Đakovo and Lipik,

                                          —

                                          Croatian Centre for Agriculture, Food and Rural Affairs,

                                          —

                                          Croatian Mine Action Centre,

                                          —

                                          Croatian Memorial-Documentation Centre of the Homeland War,

                                          —

                                          Croatian Olympic Committee,

                                          —

                                          Croatian Energy Market Operator,

                                          —

                                          Croatian Paralympic Committee,

                                          —

                                          Croatian Register of Shipping,

                                          —

                                          Croatian Conservation Institute,

                                          —

                                          Croatian Deaf Sport Federation,

                                          —

                                          Croatian Institute of Emergency Medicine,

                                          —

                                          Croatian National Institute of Public Health,

                                          —

                                          Croatian Institute for Mental Health,

                                          —

                                          Croatian Institute for Pension Insurance,

                                          —

                                          Croatian Standards Institute,

                                          —

                                          Croatian Institute for Telemedicine,

                                          —

                                          Croatian Institute for Toxicology and Anti-doping,

                                          —

                                          Croatian National Institute of Transfusion Medicine,

                                          —

                                          Croatian Employment Service,

                                          —

                                          Croatian Institute for Health Protection and Safety at Work,

                                          —

                                          Croatian Institute for Health Insurance,

                                          —

                                          Croatian Institute for Health Insurance of Occupational Health,

                                          —

                                          Jadrolinija (shipping company),

                                          —

                                          Public Institution Croatian Olympic Centre,

                                          —

                                          Higher education public institutions,

                                          —

                                          National parks public institutions,

                                          —

                                          Nature parks public institutions,

                                          —

                                          Public scientific institutes,

                                          —

                                          Theatres, museums, galleries, libraries and other institutions in the field of culture established by the Republic of Croatia or local and regional self-government units,

                                          —

                                          Penitentiaries,

                                          —

                                          Clinical hospitals,

                                          —

                                          Clinical hospital centres,

                                          —

                                          Clinics,

                                          —

                                          “Miroslav Krleža” Institute of Lexicography,

                                          —

                                          Port Authorities,

                                          —

                                          Sanatoriums,

                                          —

                                          Pharmacies founded by the units of regional self-government,

                                          —

                                          Matica hrvatska (Matrix Croatia),

                                          —

                                          International Centre for Underwater Archaeology,

                                          —

                                          National and University Library,

                                          —

                                          National Foundation for Support to the Pupil and Student Standard of Living,

                                          —

                                          National Foundation for Civil Society Development,

                                          —

                                          National Foundation for Science, Higher Education and Technological Development of the Republic of Croatia,

                                          —

                                          National Centre for External Evaluation of Education,

                                          —

                                          National Council for Higher Education,

                                          —

                                          National Council for Science,

                                          —

                                          Official Gazette (Narodne novine d.d.),

                                          —

                                          Educational/correctional institutes,

                                          —

                                          Educational institutions founded by the Republic of Croatia or units of local and regional self-government,

                                          —

                                          General hospitals,

                                          —

                                          Plovput d.o.o. (State-owned company in charge of safety of navigation),

                                          —

                                          Polyclinics,

                                          —

                                          Special hospitals,

                                          —

                                          Central Register of Insured Persons,

                                          —

                                          University Computing Centre,

                                          —

                                          Sports associations,

                                          —

                                          Sports federations,

                                          —

                                          Emergency medical treatment institutions,

                                          —

                                          Palliative care institutions,

                                          —

                                          Health care institutions,

                                          —

                                          Foundation of Police Solidarity,

                                          —

                                          Prisons,

                                          —

                                          Institute for the Restoration of Dubrovnik,

                                          —

                                          Institute for Seed and Seedlings,

                                          —

                                          Public health institutes,

                                          —

                                          Aeronautical Technical Centre (Zrakoplovno — tehnički centar d.d.),

                                          —

                                          County road administrations.’;

                              (b)

                              the following is inserted in Annex IV after the entry for France:
                              ‘Croatia

                                          (1)

                                          State bodies of the Republic of Croatia:

                                                      —

                                                      Croatian Parliament,

                                                      —

                                                      President of the Republic of Croatia,

                                                      —

                                                      Office of the President of the Republic of Croatia,

                                                      —

                                                      Office of the President of the Republic of Croatia after the expiry of the term of office,

                                                      —

                                                      Government of the of the Republic of Croatia,

                                                      —

                                                      Offices of the Government of the Republic of Croatia,

                                                      —

                                                      Ministries,

                                                      —

                                                      State offices,

                                                      —

                                                      State administrative organisations,

                                                      —

                                                      County state administration offices,

                                                      —

                                                      Constitutional Court of the Republic of Croatia,

                                                      —

                                                      Supreme Court of the Republic of Croatia,

                                                      —

                                                      Courts,

                                                      —

                                                      State Judiciary Council,

                                                      —

                                                      State attorney’s offices,

                                                      —

                                                      State Prosecutor’s Council,

                                                      —

                                                      Ombudsman’s offices,

                                                      —

                                                      State Commission for the Supervision of Public Procurement Procedures,

                                                      —

                                                      Croatian National Bank,

                                                      —

                                                      State Audit Office;

                                          (2)

                                          State agencies and offices:

                                                      —

                                                      Croatian Civil Aviation Agency,

                                                      —

                                                      Electronic Media Agency,

                                                      —

                                                      Aircraft Accident and Incident Investigation Agency,

                                                      —

                                                      Agency for Public Private Partnership,

                                                      —

                                                      Agency for Quality and Accreditation in Healthcare,

                                                      —

                                                      Agency for Medicinal Products and Medical Devices,

                                                      —

                                                      Agency for Mobility and EU Programmes,

                                                      —

                                                      Agency for Coastal Lines and Maritime Traffic,

                                                      —

                                                      Agency for the Reconstruction of Fort Tvrđa in Osijek,

                                                      —

                                                      Education and Teacher Training Agency,

                                                      —

                                                      Pressure Equipment Agency,

                                                      —

                                                      Agency for Insurance of Workers’ Claims in Case of Employer’s Bankruptcy,

                                                      —

                                                      Paying Agency for Agriculture, Fisheries and Rural Development,

                                                      —

                                                      Agricultural Land Agency,

                                                      —

                                                      Agency for Transactions and Mediation in Immovable Properties,

                                                      —

                                                      Agency for Explosive Atmosphere Hazardous Areas,

                                                      —

                                                      Agency for Regional Development of the Republic of Croatia,

                                                      —

                                                      Railway Market Regulatory Agency,

                                                      —

                                                      Agency for the Audit of European Union Programmes Implementation System,

                                                      —

                                                      Railway Transport Safety Agency,

                                                      —

                                                      Agency for Vocational Education and Training and Adult Education,

                                                      —

                                                      Agency for State Property Management,

                                                      —

                                                      Agency for Inland Waterways,

                                                      —

                                                      Croatian Environment Agency,

                                                      —

                                                      Personal Data Protection Agency,

                                                      —

                                                      Croatian Competition Agency,

                                                      —

                                                      Agency for Science and Higher Education,

                                                      —

                                                      State Agency for Deposit Insurance and Bank Rehabilitation,

                                                      —

                                                      Financial Agency,

                                                      —

                                                      Croatian Food Agency,

                                                      —

                                                      Croatian Agency for Small Business,

                                                      —

                                                      Croatian Financial Services Supervisory Agency,

                                                      —

                                                      Croatian Compulsory Oil Stocks Agency,

                                                      —

                                                      Croatian Post and Electronic Communications Agency,

                                                      —

                                                      Croatian Accreditation Agency,

                                                      —

                                                      Croatian Energy Regulatory Agency,

                                                      —

                                                      Croatian News Agency,

                                                      —

                                                      Croatian Agricultural Agency,

                                                      —

                                                      Central Finance and Contracting Agency.’;

                              (c)

                              the following is inserted in Annex IX A after the entry for France:

                                          ‘—

                                          in Croatia, “Sudski registar trgovačkih društava u Republici Hrvatskoj” or “Obrtni registar Republike Hrvatske”;’;

                              (d)

                              the following is inserted in Annex IX B after the entry for France:

                                          ‘—

                                          in Croatia, “Sudski registar trgovačkih društava u Republici Hrvatskoj” or “Obrtni registar Republike Hrvatske”;’;

                              (e)

                              the following is inserted in Annex IX C after the entry for France:

                                          ‘—

                                          in Croatia, “Sudski registar trgovačkih društava u Republici Hrvatskoj” or “Obrtni registar Republike Hrvatske”;’.

                  3.

                  Annex VII to Directive 2009/81/EC is amended as follows:

                              (a)

                              the following is inserted in Part A after the entry for France:

                                          ‘—

                                          in Croatia, “Sudski registar trgovačkih društava u Republici Hrvatskoj” or “Obrtni registar Republike Hrvatske”;’;

                              (b)

                              the following is inserted in Part B after the entry for France:

                                          ‘—

                                          in Croatia, “Sudski registar trgovačkih društava u Republici Hrvatskoj” or “Obrtni registar Republike Hrvatske”;’;

                              (c)

                              the following is inserted in Part C after the entry for France:

                                          ‘—

                                          in Croatia, “Sudski registar trgovačkih društava u Republici Hrvatskoj” or “Obrtni registar Republike Hrvatske”;’.


Avis juridique important

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31975L0107

Council Directive 75/107/EEC of 19 December 1974 on the approximation of the laws of the Member States relating to bottles used as measuring containers

Official Journal L 042 , 15/02/1975 P. 0014 - 0020 Finnish special edition: Chapter 15 Volume 1 P. 0214  Greek special edition: Chapter 13 Volume 3 P. 0045  Swedish special edition: Chapter 15 Volume 1 P. 0214  Spanish special edition: Chapter 13 Volume 4 P. 0067  Portuguese special edition Chapter 13 Volume 4 P. 0067

COUNCIL DIRECTIVE  of 19 December 1974  on the approximation of the laws of the Member States relating to bottles used as measuring containers  (75/107/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty setting up the European Economic Community, and in particular Article 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 (2);  Whereas in several Member States the manufacture and testing of bottles used as measuring containers are the subject of mandatory regulations which differ from one Member State to another, thereby hindering trade in this type of bottle ; whereas such provisions must therefore be approximated;  Whereas bottles used as measuring containers must have special metrological characteristics and it is necessary for this purpose to specify the maximum errors permissible in their nominal capacity and to define a reference method for checking such errors;  Whereas it is essential that bottles used as measuring containers should, as laid down in the Directive, bear not only an indication of their nominal capacity but also the information required for filling them,  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive shall apply to containers commonly called bottles, made of glass or any other substance having such rigidity and stability that it offers the same metrological guarantees as glass, when such containers:    1. are stoppered or designed to be stoppered and are intended for the storage, transport or delivery of liquids,       2. have a nominal capacity of between 0.05 litre and five litres inclusive,       3. have metrological characteristics (design characteristics and uniformity of manufacture) such that they can be used as measuring containers, i.e. when they are filled up to a specified level or to a specified percentage of their brim capacity their contents can be measured with sufficient accuracy.         These containers shall be called measuring container bottles.   Article 2 Only measuring container bottles which meet the requirements of this Directive may be marked with the EEC sign provided for in the third subparagraph of paragraph 5 of Annex I.  They shall be subject to metrological control under the conditions specified in the Annexes.   Article 3 Member States may not refuse, prohibit or restrict the marketing and use as measuring containers of bottles which satisfy the requirements and tests laid down in this Directive for reasons concerning their volume, the determination of their volume or the methods by which they have been checked.  (1)OJ No C 56, 2.6.1972, p. 35. (2)OJ No C 123, 27.11.1972, p. 7.    Article 4 1. Member States shall put into force the laws, regulations and administrative provisions needed in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the text of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 5 This Directive is addressed to the Member States.     Done at Brussels, 19 December 1974.  For the Council  The President  J.P. FOURCADE     ANNEX I    1. Measuring container bottles shall be characterized by the following capacities which are always specified for a temperature of 20ºC:      1.1. the nominal capacity Vn is the volume which is marked on the bottle ; it is the volume of liquid which the latter is deemed to contain when it is filled in the conditions of use for which it is intended;           1.2. the brim capacity of a bottle is the volume of liquid it contains when filled to the brim;           1.3. the actual capacity of a bottle is the volume of liquid it in fact contains when it is filled exactly under the conditions corresponding theoretically to the nominal capacity;                  2. There are two methods of filling measuring container bottles:      (1) to a constant level,           (2) to a constant vacuity.             The distance between the theoretical filling level for the nominal capacity and the brim level and the difference between the brim capacity and the nominal capacity, known as the volume of expansion or vacuity, shall be perceptibly constant for all bottles of the same type, that is, for all bottles made to the same design.       3. In order to make it possible, allowing for the usual uncertainties in filling, to measure the volume of the contents of measuring container bottles with sufficient accuracy, and in particular with the accuracy required by the Directives on prepackages, the maximum permissible errors (positive or negative) in the capacity of a measuring bottle container, i.e. the greatest differences permitted (positive or negative) at a temperature of 20ºC and under the control conditions laid down in Annex II, between the actual capacity and the nominal capacity Vn shall be in accordance with the following table: >PIC FILE= "T0006707">   The maximum permissible error in the brim capacity shall be the same as the maximum permissible error in the corresponding nominal capacity.  The systematic exploitation of tolerances shall be prohibited.       4. In practice, the actual capacity of a measuring container bottle shall be checked by determining the quantity of water at 20ºC which the bottle actually contains when filled to the level theoretically corresponding to the nominal capacity. It may also be checked indirectly by a method of equivalent accuracy.        5. Every manufacturer of measuring container bottles shall submit for the approval of the competent department a mark by which he can be identified.  When this department has given its approval, it shall inform the competent departments of the other Member States and the Commission thereof within one month. >PIC FILE= "T0006843">   to in Article 6 of Council Directive No 71/316/EEC (1) of 26 July 1971 relating to common provisions for both measuring instruments and methods of metrological control, as last amended by the Act (2) concerning the conditions of accession and the adjustments to the Treaties, certifying that the bottle meets the requirements of this Directive and of its Annexes. However, the date, origin and reference number provided for in Annex I, subsection 6.3 to the same Directive shall not be required.  This sign shall be at least 3 mm high.       6. The competent departments of the Member States shall check that the measuring container bottles comply with the provisions of this Directive by sampling at the place of manufacture or, if this is not practicable, on the premises of the importer or his agent established in the Community.  This statistical sampling check shall be carried out in accordance with the accepted methods of quality acceptance inspection. Its effectiveness shall be comparable to that of the reference method specified in Annex II.       7. This Directive shall not preclude any checks that may be carried out by the competent departments of the Member States in the course of trade.       8. A measuring container bottle shall bear the following indelible, easily legible and visible indications:      8.1. on its side, on the bottom rim or on the bottom:        8.1.1. an indication of its nominal capacity in litres, centilitres or millilitres in figures at least 6 mm high, if the nominal capacity is greater than 100 cl, 4 mm high if it is from 100 cl down to but not including 20 cl and 3 mm high if it is not more than 20 cl, followed by the symbol for the unit of measurement used or, where appropriate, by the name of the unit in accordance with the provisions of Council Directive No 71/354/EEC (3) of 18 October 1971 on the approximation of the laws of the Member States relating to units of measurement, as amended by the Act concerning the conditions of accession and the adjustments to the Treaties;               8.1.2. the manufacturer's identifying mark prescribed in the first paragraph of Section 5;               8.1.3. the sign prescribed in the third paragraph of Section 5;                          8.2. On the bottom or on the bottom rim, in such a manner as to avoid confusion with the previous indication, in figures of the same minimum height as those expressing the corresponding nominal capacity, according to the method or methods of filling for which the bottle is intended:        8.2.1. an indication of the brim capacity expressed in centilitres and not followed by the symbol cl,               8.2.2. and/or an indication of the distance in millimetres from the brim level to the filling level corresponding to the nominal capacity, followed by the symbol mm.  Other indications may appear on the bottle provided they do not give rise to confusion with the compulsory indications.  (1)OJ No L 202, 6.9.1971, p. 1. (2)OJ No L 73, 27.3.1972, p. 14. (3)OJ No L 243, 29.10.1971, p. 29.          ANNEX II This Annex lays down the procedures for the statistical checking of measuring container bottles in order to meet the requirements of Article 2 of the Directive and of Section 6 of Annex I.    1. METHOD OF SAMPLING  A sample of measuring container bottles of the same design and the same manufacture shall be drawn from a batch corresponding, in principle, to an hour's production.  If the result of the check on a batch corresponding to an hour's production is not satisfactory, a second test can be carried out, based either on another sample from a batch corresponding to a longer period of production or, where production has been subject to a check recognized by the competent departments of the Member State, on the results recorded on the manufacturers' check-cards.  The number of measuring container bottles constituting the sample shall be 35 or 40, depending on which of the two methods of applying the results, detailed in Section 3 below, has been chosen by each Member State.       2. MEASURING THE CAPACITY OF THE MEASURING CONTAINER BOTTLES CONSTITUTING THE SAMPLE  The measuring container bottles shall be weighed empty.  They shall be filled with water at 20ºC of a know density, up to the filling level appropriate to the method of checking used.  They shall then be weighed in full.  The check shall be carried out by means of a legal measuring instrument, suitable for effecting the necessary operations.  Error in measuring the capacity shall not be greater than one-fifth of the maximum permissible error corresponding to the nominal capacity of the measuring container bottle.       3. APPLICATION OF THE RESULTS            3.1. Use of the standard deviation method  The number of measuring container bottles in the sample is 35.      3.1.1. Calculate as follows (see 3.1.4.): >PIC FILE= "T0006708">            3.1.2. Calculate as follows:        3.1.2.1. The upper limit Ts : the sum of the indicated capacity (see Annex I, Section 8) and of the maximum permissible error corresponding to this capacity.               3.1.2.2. The lower limit Ti : the difference between the indicated capacity (see Annex I, Section 8) and the maximum permissible error corresponding to this capacity.                           3.1.3. Acceptance criteria: >PIC FILE= "T0006709">   where k = 1 757  and F = 0 7266 >PIC FILE= "T0006710">                   3.2. Use of the average range method  The number of measuring container bottles in the sample is 40.      3.2.1. Calculate as follows (see 3.2.4): >PIC FILE= "T0006711">            3.2.2. Calculate as follows:        3.2.2.1. the upper limit Ts the sum of the indicated capacity (see Annex I, Section 8) and the maximum permissible error corresponding to this capacity,               3.2.2.2. The lower limit Ti:  difference between the indicated capacity (see Annex I, Section 8) and the maximum permissible error corresponding to this capacity.                           3.2.3. Acceptance criterion: >PIC FILE= "T0006712">   where k'= 0 7668,  and F'= 0 7628. >PIC FILE= "T0006713">              Divide the sample, in chronological order of selection, into eight sub-samples of five measuring container bottles each.  Calculate as follows:      - the range of each of the sub-samples, i.e. the difference between the actual capacity of the largest and the smallest of the five bottles in the sub-sample ; eight ranges are thus obtained : R1 ; R2 ; ... R8           - the sum of the ranges of the eight sub-samples: >PIC FILE= "T0006714">


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31971L0160

Council Directive 71/160/EEC of 30 March 1971 making a sixth amendment to the Directive of 5 November 1963 on the approximation of the laws of the Member States concerning the preservatives authorized for use in foodstuffs intended for human consumption

Official Journal L 087 , 17/04/1971 P. 0012 - 0013 Finnish special edition: Chapter 13 Volume 1 P. 0180  Danish special edition: Series I Chapter 1971(I) P. 0198  Swedish special edition: Chapter 13 Volume 1 P. 0180  English special edition: Series I Chapter 1971(I) P. 0220  Greek special edition: Chapter 03 Volume 6 P. 0164  Spanish special edition: Chapter 13 Volume 2 P. 0004  Portuguese special edition Chapter 13 Volume 2 P. 0004

COUNCIL DIRECTIVE  of 30 March 1971  making a sixth amendment to the Directive of 5 November 1963 on the approximation of the laws of the Member States concerning the preservatives authorised for use in foodstuffs intended for human consumption  (71/160/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 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 the Council Directive of 5 November 1963 2 on the approximation of the laws of the Member States concerning the preservatives authorised for use in foodstuffs intended for human consumption, as last amended by the Directive of 13 July 1970 3, establishes in particular the list of preservatives whose use is authorised for the protection of foodstuffs against deterioration caused by micro-organisms;  Whereas, on the one hand, that Directive provides for the use of calcium metabisulphite - E225 - (calcium pyrosulphite or calcium disulphite) ; whereas, although this substance can be made in the laboratory, it is not produced as an additive on an industrial scale and is not, therefore, being used in foodstuffs in spite of the technical advantage which its use, in theory, offers ; whereas, on the other hand, calcium sulphite, which has the same preservative properties, is produced industrially and whereas its use should therefore be authorised in place of calcium metabisulphite;  Whereas recent research has shown that the surface treatment of citrus fruit and bananas with 2-(4'-thiazolyl)-benzimidazole (thiabendazole) has certain advantages by reason of the fungicidal properties of that substance : whereas the toxicity of thiabendazole presents no danger to human health provided that the residual content does not exceed 6 mg in respect of citrus fruits and 3 mg in respect of bananas per kg of treated fruit;  Whereas it is not, however, possible at the present time to specify all the conditions governing the use of thiabendazole, and in particular the maximum dose required to ensure that the fruit so treated keeps well ; and whereas additional tests have yet to be carried out for this purpose ; whereas, so that these tests may be completed, and without prejudicing the possible inclusion of thiabendazole in a subsequent Community system of rules on pesticides, the use of thiabendazole should be authorised for an experimental period of four years provided that the residual content does not exceed 6 mg in respect of citrus fruit and 3 mg in respect of bananas per kg of whole treated fruit ; whereas a decision should be taken before the end of that period as regards a definitive system of rules to which that product will be subject;  HAS ADOPTED THIS DIRECTIVE:     Article 1 Section I of the Annex to the Council Directive of 5 November 1963 shall be amended as follows:    1. The heading E225 "Calcium metabisulphite (calcium pyrosulphite or calcium bisulphite)" shall be deleted.  1OJ No C 143, 3.12.1970, p. 50. 2OJ No 12, 27.1.1964, p. 161/64 3OJ No L 157, 18.7.1970, p. 38.        2. The following preservatives shall be added: >PIC FILE= "T0010927">            Article 2 Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive within six months of its notification. They shall forthwith inform the Commission thereof.    Article 3 This Directive is addressed to the Member States.     Done at Brussels, 30 March 1971.  The President  For the Council  M. SCHUMANN


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31967L0532

Council Directive 67/532/EEC of 25 July 1967 concerning freedom of access to co-operatives for farmers who are nationals of one Member State and established in another Member State

Official Journal 190 , 10/08/1967 P. 0005 - 0007 Finnish special edition: Chapter 6 Volume 1 P. 0055  Danish special edition: Series I Chapter 1967 P. 0209  Swedish special edition: Chapter 6 Volume 1 P. 0055  English special edition: Series I Chapter 1967 P. 0232  Greek special edition: Chapter 06 Volume 1 P. 0073  Spanish special edition: Chapter 06 Volume 1 P. 0077  Portuguese special edition Chapter 06 Volume 1 P. 0077

COUNCIL DIRECTIVE  of 25 July 1967  concerning freedom of access to co-operatives for farmers who are nationals of one Member State and established in another Member State  (67/532/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (2) and (3) thereof; Having regard to the General Programme for the abolition of restrictions on freedom of establishment, (1) and in particular Title IV F 4 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 for the abolition of restrictions on freedom of establishment includes a special timetable for the attainment of such freedom in agriculture, which takes into account the particular nature of agricultural activities ; whereas the fourth series of measures provided for in that timetable entails that, at the beginning of the third stage, each Member State will ensure that conditions of access to co-operatives are the same for farmers who are nationals of other Member States as for its own nationals; Whereas this Directive covers only those entities which have the legal status of co-operatives and not other associations or groups run for mutual benefit ; whereas the definition of cooperatives remains a matter for the Member States; Whereas beneficiaries under the Council Directive of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment in agriculture in the territory of a Member State in respect of nationals of other countries of the Community who have been employed as paid agricultural workers in that Member State for a continuous period of two years (63/261/EEC) (4) and beneficiaries under the Council Directive of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment on agricultural holdings abandoned or left uncultivated for more than two years (63/262/EEC) (5) already enjoy the same rights as nationals of the Member State concerned with regard to membership of co-operatives; HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States, acting in accordance with the following provisions, shall abolish in respect of nationals and companies or firms of other Member States pursuing in their territory activities as self-employed persons in agriculture or establishing themselves for that purpose (hereinafter called "beneficiaries") all restrictions on access to co-operatives.   Article 2  1.  (a) For the purposes of this Directive, "access to cooperatives" means the right of beneficiaries, subject to the requirements of the law of the Member State in which they are established, to become members of or to hold managerial positions in co-operatives, to initiate the formation of co-operatives and to be members of the governing body, supervisory committee, or management committee, or of any other similar body within a co-operative.  (b) For the purposes of this Directive, "co-operative" means those entities which are so called in the respective Member States or which, though not so called, are based on co-operative principles. The names currently applicable are as follows:  (1) OJ No 2, 15.1.1962, p. 36/62. (2) OJ No 201, 5.11.1966, p. 3473/66. (3) OJ No 17, 28.1.1967, p. 280/67. (4) OJ No 62, 20.4.1963, p. 1323/63. (5) OJ No 62, 20.4.1963, p. 1326/63.  in Belgium: Société cooperative / samenwerkende vennootschap (Code de commerce/Wetboek van Koophandel, Book 1, Title IX, Section VII); in Germany: Eingetragene Genossenschaft mit beschränkter Haftpflicht and eingetragene Genossenschaft mit unbeschränkter Haftpflicht (Law of 1 May 1889 in the version of 20 May 1898); in France: Société coopérative (Code civil, Book III, Title IX ; amended Law of 10 September 1947 on the constitution of co-operatives ; amended Décret No 59-286 of 4 February 1959 ; amended Law of 24 July 1867 on sociétés, Title III ; Code rural, Book IV, Title II); in Italy: Società cooperativa (Codice civile, Book V, Title VI ; amended Law of 14 December 1947 on cooperatives, No 1577); in Luxembourg: Association agricole (Arrêté grand-ducal of 17 September 1945); Société coopérative (Law of 10 August 1915, Section VI); in the Netherlands: Coöperatieve vereniging (Law of 28 May 1925).  2. For the purposes of this Directive, "agricultural activities" means:   - activities falling within Annex V to the General Programme for the abolition of restrictions on freedom of establishment (ex Major Group 01, Agriculture, of the International Standard Industrial Classification of all Economic Activities), (1) and in particular:  (a) general agriculture including the growing of field crops and vititculture ; growing of fruits, nuts, seeds, vegetables, flowers, both in the open and under glass;  (b) raising of livestock, poultry, rabbits, furbearing or other animals, bees ; and the production of meat, milk, wool, skins and fur, eggs, honey;   - feeling of timber, commercial exploitation of woodlands, and planting and replanting of trees, where such operations are practised as ancillary activities and are compatible with a Member State's internal legislation and in particular with land utilisation plans.   Article 3  1. Member States shall abolish the following restrictions:  - those which in pursuance of provisions laid down by law, regulation or administrative action deny beneficiaries access to co-operatives, or make such access subject to special conditions;  - those existing by reason of administrative practices which, with regard to access to co-operatives, result in treatment being applied to beneficiaries that is discriminatory by comparison with that applied to nationals.  2. The restrictions to be abolished shall include in particular those arising out of measures which prevent or limit by the following means access by beneficiaries to co-operatives on the same terms as nationals of the Member State in question: in France: the requirement that in order to be eligible for the following positions a person shall be of French nationality:   -"administrateur" of an agricultural co-operative (Code rural, Article 550 ; Décret No 59-286 of 4 February 1959 on the constitution of agricultural cooperatives, Article 20, as amended by Décret No 61-867 of 5 August 1961);  - representative (mandataire) of an agricultural co-operative on the governing body of a union of agricultural co-operatives (Code rural, Article 550);  - auditor to an agricultural co-operative or to a union of agricultural co-operatives (Code rural, Articles 550 and 552 ; Décret No 59-286 of 4 February 1959 supra, Article 28).   Article 4 Member States shall take the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.   Article 5 This Directive is addressed to the Member States. Done at Brussels, 25 July 1967. For the Council The President Fr. NEEF  (1) Statistical Office of the United Nations, Statistical Papers, Series M No 4, Rev. 1 (New York, 1958).


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31968L0089

Council Directive 68/89/EEC of 23 January 1968 on the approximation of the laws of the Member States concerning the classification of wood in the rough

Official Journal L 032 , 06/02/1968 P. 0012 - 0015 Finnish special edition: Chapter 13 Volume 1 P. 0103  Swedish special edition: Chapter 13 Volume 1 P. 0103  Danish special edition: Series I Chapter 1968(I) P. 0006  English special edition: Series I Chapter 1968(I) P. 0006  Greek special edition: Chapter 03 Volume 3 P. 0013  Spanish special edition: Chapter 03 Volume 2 P. 0078  Portuguese special edition Chapter 03 Volume 2 P. 0078

COUNCIL DIRECTIVE of 23 January 1968 on the approximation of the laws of the Member States concerning the classification of wood in the rough (68/89/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament1;  Having regard to the Economic and Social Committee2;  Whereas the establishment of the common market has caused an increase in intra-Community trade in wood in the rough, which already involves several million cubic metres a year;  Whereas a variety of systems are used in the different Member States for measuring and classifying wood in the rough and this lack of uniformity directly affects the functioning of the common market;  Whereas harmonisation of laws in that field, desired by the Brussels forestry conference of June 1969, should not only facilitate intra-Community trade but also enable statistics on production, marketing, consumption and prices of wood in the rough in the Community to be compiled which could be compared;  Whereas these objectives can be attained if Member States discontinue all mandatory classifying of wood in the rough coming from other Member States and if they make available by law to those concerned a system of measurement and classification which is the same throughout the Community;  Whereas wood in the rough must not be marketed within the Community as "EEC classified" wood in the rough unless it corresponds to one of the classifications provided;  Whereas by not later than two years following the notification of the Directive there should no longer exist any barrier to intra-Community trade in wood in the rough for reasons of classification;  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive shall apply to wood in the rough marketed within the Community as "EEC classified" wood in the rough.   Article 2 "Wood in the rough" means felled timber, topped and lopped, whether or not stripped of its bark, cross-cut or cleft.   Article 3 1. The Member States shall provide that wood in the rough may not be described as "EEC classified" when it is placed on the market unless it has been classified and, where appropriate, marked as required in the Annex to this Directive.  2. The Member States shall provide that the classification listed in the Annex may be given only to wood in the rough which has been classified as required in the Annex.  3. The Member States shall take the measures necessary to comply with provisions adopted by them in pursuance of paragraphs 1 and 2.   Article 4 A Member State may make the use of the classifications provided for in this Directive  1 OJ No 156, 15.7.1967, p. 59.  2 OJ No 17, 28.1.1967, p. 282/67.  compulsory for the marketing of part or all of its own production of wood in the rough.   Article 5 The classification by dimensions or by quality provided for in this Directive shall not preclude the introduction of sub-classes for marketing wood in the rough. However, the introduction of sub-classes must not create barriers to intra-Community trade.   Article 6 The Member States shall repeal all provisions which require wood in the rough coming from another Member State to be classified.   Article 7 The Member States shall, within a period of two years following notification of this Directive, bring into force the laws, regulations and administrative provisions necessary to comply with this Directive and its Annex and shall forthwith inform the Commission thereof.   Article 8 This Directive is addressed to the Member States.     Done at Brussels, 23 January 1968.  For the Council  The President  M. COUVE de MURVILLE    ANNEX 1. MEASUREMENT     1.1 General      1.1.1 Measurement shall be either by volume (true or stacked cubic metres) or by weight.           1.1.2 Only the metric system shall be used for measuring.           1.1.3 Measuring instruments shall be officially inspected and maintained in good condition.                  1.2 Wood in the full length      1.2.1 Wood in the rough whose volume is usually expressed in true cubic metres shall be called wood in the full length.           1.2.2 Wood in the full length shall usually be measured in individual units. Wood in the full length of irregular shape shall be measured by sections.           1.2.3 The volume of an individual unit shall be determined from the length and the diameter measured over or under bark. Volume shall be calculated to the nearest two decimal places at least, using customary cube tables.           1.2.4 Diameter measurements shall be rounded off to the centimetre below. Where diameter is measured over bark, a reasonable reduction shall be made. The reduction made shall be stated.           1.2.5 In the case of measurements up to and including 19 cm, the diameter under bark shall be measured in one operation using a forestry caliper on the felled trunk (horizontal diameter). In the case of measurements over 20 cm under bark, however, the diameter shall be determined by two intersecting measurements made perpendicularly one to the other (as far as possible, at the narrowest diameter and the widest diameter). If the place to be measured is situated on a whorl of branches or at another irregular part of the trunk, the diameter shall be obtained by taking the average of the measurements made on either side and at an equal distance from the place to be measured.           1.2.6 Length measurements shall be rounded off to the decimetre below. For wood in the full length with a middle diameter of 20 cm or less under bark, the length may be rounded off to the metre below. If there is a felling bevel, the length shall be measured from the middle of that bevel.                   1.3 Wood in stacked cubic metres      1.3.1 Wood in the rough whose volume is usually expressed in stacked cubic metres shall be called wood in stacked cubic metres.           1.3.2 Wood in stacked cubic metres shall be over-measured in height by at least 3 %.                   2. CLASSIFICATION     2.1 General      2.1.1 Wood in the rough may be classified:        (i) by species and common name,               (ii) by dimensions,               (iii) by quality.                                 2.2 Classification by dimensions      2.2.1 For measuring the diameter and the length for purposes of classification, items 1.2.4, 1.2.5 and 1.2.6 shall apply.           2.2.2 Dimension classification shall be made, irrespective of length, according to the middle diameter under bark using the following classifications: >PIC FILE= "T0050827">            2.2.3 Further classes may be formed above class 6, maintaining however the same graduation. Subdivision into a and b subclasses may be disregarded or extended to all classes.           2.2.4 Wood in the full length may also be classified by minimum length and minimum top diameter under bark corresponding to that length using the following classifications: >PIC FILE= "T0050828">   By way of derogation from the provisions of item 1.2.3, the top diameter shall be measured only once.           2.2.5 Certain groups made up of different types of wood in the full length (poles, posts etc) shall be divided into classes according to the diameter over bark 1 cm from the butt-end using the following classifications: >PIC FILE= "T0050829">             2.2.6 Wood in stacked cubic metres shall be divided into classes according to the top diameter over bark using the following classifications: >PIC FILE= "T0050830">   When wood in stacked cubic metres is stripped of its bark, the diameters given above shall be reduced by 1 cm.                  2.3 Classification by quality      2.3.1 Quality classification shall take into consideration the following criteria:  - Bending: bending shall be measured by dividing the total bow, expressed in centimetres to the nearest centimetre, by the distance separating the two extremities of the bend, expressed in metres to one decimal place.  Bending shall be expressed in centimetres per metre.  - Twisted grain: the extent of this defect shall be measured by determining the distance, expressed in centimetres to the nearest centimetre per metre length, between the direction of the fibres and a generating line parallel to the axis of the wood in the full length.  Twist shall be expressed in centimetres per metre.  - Taper: taper shall be measured by dividing the difference between the diameters of the wood in the full length 1 m from the extremities, measured in centimetres and rounded to the centimetre below, by the distance separating them, expressed in metres to one decimal place.  Taper shall be expressed in centimetres per metre to one decimal place.        - Exposed knots, sound (or light) knots, decayed (or black) knots. The diameter of knots shall be measured in millimetres at their smallest dimension.               - Overgrown knots, knobs.               - Eccentric heart.               - Reaction wood: tension wood in the case of broad-leaved trees, compression wood or red striped in the case of conifers.               - Irregularity of contour.               - Ring shakes, heart shakes, felling shakes, frost cracks.               - Wood derived from trees seasoned on the stump and defects due to seasoning, checks.               - Discoloration.               - Other defects caused by harmful organisms.                          2.3.2 When classification is by quality, wood in the rough shall be divided into quality classes according to the following classifications: >PIC FILE= "T0050831">            2.3.3 Wood in the full length in quality classes A/EEC and C/EEC must bear an indelible class identification mark. The class identification mark is not necessary for wood in the full length of class B/EEC.


title: Commission Directive 2011/34/EU of 8 March 2011 amending Council Directive 91/414/EEC to include flurochloridone as active substance and amending Commission Decision 2008/934/EC  Text with EEA relevance

text:
               9.3.2011

               EN

               Official Journal of the European Union

               L 62/27

         COMMISSION DIRECTIVE 2011/34/EU
   of 8 March 2011
   amending Council Directive 91/414/EEC to include flurochloridone as active substance and amending Commission Decision 2008/934/EC
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list included flurochloridone.

               (2)

               In accordance with Article 11e of Regulation (EC) No 1490/2002 the notifier withdrew its support of the inclusion of that active substance in Annex I to Directive 91/414/EEC within 2 months from receipt of the draft assessment report. Consequently, Commission Decision 2008/934/EC of 5 December 2008 concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (4) was adopted on the non-inclusion of flurochloridone.

               (3)

               Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter the applicant) submitted a new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (5).

               (4)

               The application was submitted to Spain, which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/934/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.

               (5)

               Spain evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 3 November 2009. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on flurochloridone to the Commission on 14 October 2010 (6). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 4 February 2011 in the format of the Commission review report for flurochloridone.

               (6)

               It has appeared from the various examinations made that plant protection products containing flurochloridone may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which have been examined and detailed in the Commission review report. It is therefore appropriate to include flurochloridone in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance can be granted in accordance with the provisions of that Directive.

               (7)

               Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EEC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, it is appropriate to require that the applicant submit further information confirming: the relevance of impurities other than toluene, the compliance of ecotoxicological test material with the technical specifications, the relevance of the groundwater metabolite R42819 (7) and the potential endocrine disrupting properties of flurochloridone.

               (8)

               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 which will result from the inclusion.

               (9)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of 6 months after inclusion to review existing authorisations of plant protection products containing flurochloridone to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

               (10)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (8) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.

               (11)

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

               (12)

               Decision 2008/934/EC provides for the non-inclusion of flurochloridone and the withdrawal of authorisations for plant protection products containing that substance by 31 December 2011. It is necessary to delete the line concerning flurochloridone in the Annex to that Decision.

               (13)

               It is therefore appropriate to amend Decision 2008/934/EC accordingly.

               (14)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   The line concerning flurochloridone in the Annex to Decision 2008/934/EC is deleted.
   Article 3
   Member States shall adopt and publish by 30 November 2011 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 December 2011.
   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.
   Article 4
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing flurochloridone as an active substance by 30 November 2011.
   By that date they shall in particular verify that the conditions in Annex I to that Directive relating to flurochloridone are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing flurochloridone as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 May 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning flurochloridone. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1) (b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing flurochloridone as the only active substance, where necessary, amend or withdraw the authorisation by 31 May 2015 at the latest; or

               (b)

               in the case of a product containing flurochloridone as one of several active substances, where necessary, amend or withdraw the authorisation by 31 May 2015 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 5
   This Directive shall enter into force on 1 June 2011.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 8 March 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 55, 29.2.2000, p. 25.

      (3)  OJ L 224, 21.8.2002, p. 23.

      (4)  OJ L 333, 11.12.2008, p. 11.

      (5)  OJ L 15, 18.1.2008, p. 5.

      (6)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance flurochloridone. EFSA Journal 2010;8(12):1869. [66 pp.]. doi:10.2903/j.efsa.2010.1869. Available online: www.efsa.europa.eu/efsajournal.htm

      (7)  R42819: (4RS)-4-(chloromethyl)-1-[3-(trifluoromethyl)phenyl]pyrrolidin-2-one.

      (8)  OJ L 366, 15.12.1992, p. 10.

      ANNEX
      The following entry shall be added at the end of the table in Annex I to Directive 91/414/EEC:

                     No

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘342

                     Flurochloridone
                     CAS No: 61213-25-0

                     CIPAC No: 430

                        (3RS,4RS;3RS,4SR)-3-chloro-4-chloromethyl-1-

                        (α,α,α-trifluoro-m-tolyl)-2-pyrrolidone

                     ≥ 940 g/kg.
                     Relevant impurities:
                     Toluene: max 8 g/kg

                     1 June 2011

                     31 May 2021

                     PART A
                     Only uses as herbicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on flurochloridone, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 4 February 2011 shall be taken into account.
                     In this overall assessment Member States shall pay particular attention to:

                                 1.

                                 the risk for non-target plants and aquatic organisms;

                                 2.

                                 the protection of the groundwater, when the active substance is applied in regions with vulnerable soil and/or climatic conditions.

                           Conditions of authorisation shall include risk mitigation measures, where appropriate.
                     The Member States concerned shall ensure that the applicant submits to the Commission further confirmatory information as regards:

                                 1.

                                 the relevance of impurities other than toluene;

                                 2.

                                 the compliance of ecotoxicological test material with the technical specifications;

                                 3.

                                 the relevance of the groundwater metabolite R42819 (R42819: (4RS)-4-(chloromethyl)-1-[3-(trifluoromethyl)phenyl]pyrrolidin-2-one);

                                 4.

                                 the potential endocrine disrupting properties of flurochloridone.

                           The Member States concerned shall ensure that the applicant submits to the Commission the information set out in points (1) and (2) by 1 December 2011, the information set out in point (3) by 31 May 2013 and the information set out in point (4) within 2 years after the adoption of the OECD test guidelines on endocrine disruption.’

         (1)  Further details on identity and specification of active substance are provided in the review report.


Avis juridique important

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31984L0547

Forty-seventh Commission Directive 84/547/EEC of 26 October 1984 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 297 , 15/11/1984 P. 0040 - 0043

*****FORTY-SEVENTH  COMMISSION DIRECTIVE  of 26 October 1984  amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs  (84/547/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 the Forty-Sixth Commission Directive 84/349/EEC (2), and in particular Article 6 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 certain coccidiostats and binders, hitherto authorized for certain uses at national level, have been widely tested; whereas the studies carried out and experience gained indicate that these additives may be authorized throughout the Community for the uses specified;  Whereas the use of the coccidiostat 'Meticlorpindol/methylbenzoquate mixture', the emulsifier 'Polyoxyethylene (20) sorbitan trioleate' and the antimotting agent 'Perlite' has been successfully tested in certain Member States; whereas the use of these additives should be provisionally authorized, at least at national level, until such time as it is permitted at Community level;  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:  (1) OJ No L 270, 14. 12. 1970, p. 1.  (2) OJ No L 183, 11. 7. 1984, p. 15.  Article  1  The Annexes to Directive 70/524/EEC are hereby amended as follows:  1. In Annex I:  (a) in Part D 'Coccidiostats and other medicinal substances', item No E 763 'Lasalocide sodium' is supplemented as follows:  1.2.3.4.5.6.7.8 //   //   //   //   //   //   //   //  // 'EEC No  // Additives  // Chemical formula, description  // Species of animal  // Maximum age  // Minimum content  // Maximum content  // Other provisions 1.2.3.4.5.6,7.8 //  //   //   //   //   // ppm of complete freedingstuff  //   //  //   //   //   //   //   //   //  1.2.3.4.5.6.7.8 //   //  //   // Chickens reared for laying  // 16 weeks  // 75  // 125  // -'  //   //   //   //   //   //   //   //  (b) the following item is added in part L 'Binders, anti-caking agents and coagulants':  1.2.3.4.5.6.7.8 //   //   //   //   //   //   //   //  // 'EEC No  // Additives  // Chemical formula, description  // Species of animal  // Maximum age  // Minimum content  // Maximum content  // Other provisions 1.2.3.4.5.6,7.8 //  //   //   //   //   // ppm of complete freedingstuff  //   //  //   //   //   //   //   //   //  1.2.3.4.5.6.7.8 // E 561  // Vermiculite  // Natural silicate of magnesium, aluminium and iron, expanded by heating, free of asbestos Maximum fluorine content: 0,3 %  // All species of animals  //   //  //   // All feedingstuffs'  //   //   //   //   //   //   //  //  2. In Annex II:  (a) in part B 'Coccidiostats and other medicinal substances', item No 16 'Meticlorpindol/methylbenzoquate mixture' is supplemented as follows:  1.2.3.4.5.6.7.8.9 //   //   //   //   //   //   //   //   //  // 'EEC No  // Additives  // Chemical formula, description  // Species of animal  // Maximum age  // Minimum content  // Maximum content  // Other provisions  // Period of authorization 1.2.3.4.5.6,7.8 //   //   //   //   //   // ppm of complete feedingstuff  //   //   //   //   //   //   //  //   //   //  1.2.3.4.5.6.7.8.9 //   //   //   // Turkeys  // 12 weeks  // 110  // 110  // Use prohibited at least five days before slaughter  // 30 November 1985'  //   //   //   //  //   //   //   //   //  (b) in C 'Emulsifiers, stabilizers, thickeners and gelling agents',  (aa) '31 December 1984' in the column headed 'Period of authorization' is replaced by '30 November 1985' for the following items:  No 7 Karaya gum,  No 8 Partial polyglycerol esters of polycondensed fatty acids of castor oil,  No 12 Polyoxyethylene (20) sorbitan monolaurate,  No 13 Polyoxyethylene (20) sorbitan monopalmitate, No 14 Polyoxyethylene (20) sorbitan monostearate,  No 15 Polyoxyethylene (20) sorbitan tristearate,  No 16 Polyoxyethylene (20) sorbitan mono-oleate,  No 17 Polyoxyethylene (8) stearate,  No 18 Polyoxyethylene (40) stearate;  (bb) the following item is added:  1.2.3.4.5.6.7.8.9 //   //   //   //   //   //   //   //   //  // 'EEC No  // Additives  // Chemical formula, description  // Species of animal  // Maximum age  // Minimum content  // Maximum content  // Other provisions  // Period of authorization 1.2.3.4.5.6,7.8 //   //   //   //   //   // ppm of complete feedingstuff  //   //   //   //   //   //   //  //   //   //  1.2.3.4.5.6.7.8.9 // 29  //   // Polyoxyethylene (20) sorbitan trioleate (synonym: polysorbate 85)  // All species of animals  //   //   //   // All feedingstuffs  // 30 November 1985'  //   //   //   //   //   //   //   //   //  (c) in part D 'Preservatives', '30 November 1984' in the column 'Period of authorization' is replaced by '30 November 1985' for the following items:  No 3 Hydrochloric acid,  No 4 Sulphuric acid,  No 5 Formaldehyde,  No 16 Sodium nitrite (E 250),  No 19 1,2-propanediol;  (d) in Part G 'Binders, anti-caking agents and coagulants,  (aa) '30 November 1984' in the column 'Period of authorization' is replaced by '30 November 1985' for the following items:  No 1 Bentonite and montmorillonite,  No 4 Natural mixtures of steatite and chlorite, free of asbestos, other than mixture E 554;  (bb) '30 November 1984' in the column 'Period of authorization' is replaced by '30 June 1985' for item No 2 'Vermiculite';  (cc) the following item is added:  1.2.3.4.5.6.7.8.9 //   //   //   //   //   //   //   //   //  // 'EEC No  // Additives  // Chemical formula, description  // Species of animal  // Maximum age  // Minimum content  // Maximum content  // Other provisions  // Period of authorization 1.2.3.4.5.6,7.8 //   //   //   //   //   // ppm of complete feedingstuff  //   //   //   //   //   //   //  //   //   //  1.2.3.4.5.6.7.8.9 // 5  // Perlite  // Natural silicate of sodium and aluminium, expanded by heating, free of asbestos  // All species of animals  //   //   //   // All feedingstuffs  // 30 November 1985'  //   //   //   //   //  //   //   //   //  Article  2  The Member States shall bring into force, not later than 30 June 1985, laws, regulations and administrative provisions necessary to comply with Article 1 (1). They shall immediately inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 26 October 1984.  For the Commission  Poul DALSAGER  Member of the Commission