Important legal notice

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32004L0070

Commission Directive 2004/70/EC of 28 April 2004 amending Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (Text with EEA relevance)

Official Journal L 127 , 29/04/2004 P. 0097 - 0103

Commission Directive 2004/70/ECof 28 April 2004amending Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), and in particular points (c) and (d) of the second paragraph of Article 14 thereof,Whereas:(1) Article 20 of the Act of Accession of 2003, refers to Annex II to that Act, which contains adaptations to the acquis required by accession. However, Annex II in principle only takes into account adaptations to acts adopted before the cut-off date for the accession negotiations, i.e. 1 November 2002.(2) It is however necessary to make additional adaptations to the acquis, in particular to acts adopted after that date as well as to acts which could not be included in Annex II or which, because of changed circumstances, require new adaptations.(3) Directive 2000/29/EC was amended at several occasions after 1 November 2002 in respect of certain provisions that were adapted by the Act of Accession of 2003.(4) By the Act of Accession of 2003, Lithuania was granted the status of a protected zone as regards Beet necrotic yellow vein virus for a limited period of time expiring on 31 March 2006. It is appropriate to amend the text of Annex IV to reflect the changes made by the Act of Accession.(5) By the Act of Accession of 2003, Latvia, Slovenia and Slovakia were granted the status of a protected zone as regards Globodera pallida (Stone) Behrens for a limited period of time expiring on 31 March 2006. It is appropriate to amend the text of Annex IV to reflect the changes made by the Act of Accession.(6) By the Act of Accession of 2003, Malta was granted the status of a protected zone as regards Citrus tristeza virus (European strains) for a limited period of time expiring on 31 March 2006. It is appropriate to amend the text of Annex IV to reflect the changes made by the Act of Accession.(7) In the interest of clarity it is appropriate to combine in one text some of the amendments made since 1 November 2002. An appropriate period should be given for the Member States to implement those provisions of this Directive which do not reflect existing legislation.(8) Directive 2000/29/EC should, therefore, be amended accordingly.(9) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 2000/29/EC is amended as follows:1. Annexes I, II, III and IV are amended in accordance with Annex I to this Directive.2. Part B of Annex IV is amended in accordance with Annex II to this Directive.Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Annex II to this Directive at the latest by 1 June 2004. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.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 3This Directive shall enter into force subject to, and as from the date of, the entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.Article 4This Directive is addressed to the Member States.Done at Brussels, 28 April 2004.For the CommissionDavid ByrneMember of the Commission(1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/31/EC (OJ L 85, 23.3.2004, p. 18).ANNEX IAnnexes I, II, III and IV to Directive 2000/29/EC are amended as follows:1. In Part B of Annex I, under heading (b), point 1 is replaced by the following:">TABLE>"2. In Part B of Annex II, under heading (b), point 2 is replaced by the following:">TABLE>"3. Part B of Annex III is amended as follows:(a) point 1 is replaced by the following:">TABLE>"(b) point 2 is replaced by the following:">TABLE>"4. Part B of Annex IV is amended as follows:(a) in the right hand column of point 20.1, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)"(b) in the right hand column of point 20.2, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)"(c) point 21 is replaced by the following:">TABLE>"(d) point 21.3 is replaced by the following:">TABLE>"(e) in the right hand column of point 22, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)"(f) in the right hand column of point 23, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)"(g) in the right hand column of point 25, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)"(h) in the right hand column of point 26, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)"(i) in the right hand column of point 27.1, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)"(j) in the right hand column of point 27.2, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)"(k) in the right hand column of point 30, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)"ANNEX IIPart B of Annex IV to Directive 2000/29/EC is amended as follows:(a) in the right hand column of point 20.1, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)"(b) in the right hand column of point 20.2, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)"(c) in the right hand column of point 20.3, the text is replaced by the following:"LV, SI, SK, FI"(d) in the right hand column of point 22, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)"(e) in the right hand column of point 23, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)"(f) in the right hand column of point 25, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)"(g) in the right hand column of point 26, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)"(h) in the right hand column of point 27.1, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)"(i) in the right hand column of point 27.2, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)"(j) in the right hand column of point 30, the text is replaced by the following:"DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)"(k) point 31 is replaced by the following:">TABLE>"


Avis juridique important

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31996L0047

Council Directive 96/47/EC of 23 July 1996 amending Directive 91/439/EEC on driving licences

Official Journal L 235 , 17/09/1996 P. 0001 - 0005

COUNCIL DIRECTIVE 96/47/EC of 23 July 1996 amending Directive 91/439/EEC on driving licences THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure referred to in Article 189c of the Treaty (3),Whereas Council Directive 91/439/EEC of 29 July 1991 on driving licences (4) provides that national driving licences shall be introduced in accordance with the Community model described in Annex I thereto;Whereas an alternative model should be introduced to take account of existing practices and to meet the wishes of certain Member States;Whereas, in the context of mutual recognition of licences, there is a need to ensure compatibility and interoperability of such licences throughout the Community; whereas, to that end, the introduction on an individual basis of computer technology into the Community model licence should be avoided, while nevertheless leaving space on it for the possible later introduction of a microchip or similar computer device;Whereas the Member States should be left the possibility of entering, in a particular place, information not related to the administration of the driving licence or to road safety on the understanding that such entries are subject to the specific written agreement of the holder;Whereas, with regard to the technical specifications of the Community model driving licence, this Directive applies the 'new approach` to technical harmonization by establishing a general framework for the specifications leaving detailed requirements to industrial standardization procedures,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 91/439/EEC is hereby amended as follows:1. Article 1 (1) and Article 2 (3) shall be amended by adding 'or a` after 'Annex I`;2. The following paragraph shall be added to Article 2:'4. Without prejudice to provisions to be adopted by the Council in this regard, the model driving licences specified in Annexes I and Ia may not contain any computerized electronic devices.`;3. Annex Ia, as defined in the Annex to this Directive, shall be added.Article 21. After consulting the Commission, Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 1 July 1996. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 23 July 1996.For the CouncilThe PresidentI. YATES(1) OJ No C 21, 25. 1. 1996, p. 4, and OJ No C 54, 23. 2. 1996, p. 5.(2) OJ No C 301, 13. 11. 1996, p. 22, and OJ No C 204, 15. 7. 1996, p. 20.(3) Opinion of the European Parliament of 16 November 1995 (OJ No C 323, 4. 12. 1995, p. 109), Council Common Position of 26 February 1996 (OJ No C 120, 24. 4. 1996, p. 1) and Decision of the European Parliament of 6 June 1996 (OJ No C 181, 24. 6. 1996, p. 16).(4) OJ No L 237, 24. 8. 1991, p. 1. Directive as last amended by Directive 94/72/EC (OJ No L 337, 24. 12. 1994, p. 86).ANNEX 'ANNEX IaPROVISIONS CONCERNING THE COMMUNITY MODEL DRIVING LICENCE(Alternative to the model in Annex I)1. The physical characteristics of the card of the Community model driving licence shall be in accordance with ISO 7810 and ISO 7816-1.Methods for testing the characteristics of driving licences for the purpose of confirming their compliance with the international standards shall be in accordance with ISO 10373.2. The licence shall have two sides.Page 1 shall contain:(a) the words "Driving Licence" printed in large type in the language or languages of the Member State issuing the licence;(b) the name of the Member State issuing the licence (optional);(c) the distinguishing sign of the Member State issuing the licence, printed in negative in a blue rectangle and encircled by twelve yellow stars; the distinguishing signs shall be as follows:B: BelgiumDK: DenmarkD: GermanyGR: GreeceE: SpainF: FranceIRL: IrelandI: ItalyL: LuxembourgNL: The NetherlandsA: AustriaP: PortugalFIN: FinlandS: SwedenUK: The United Kingdom;(d) information specific to the licence issued, numbered as follows:1. surname of the holder;2. other name(s) of the holder;3. date and place of birth;4. (a) date of issue of the licence;(b) date of expiry of the licence, or a dash if the licence is valid indefinitely;(c) the name of the issuing authority (may be printed on page 2);(d) a different number from the one under heading 5, for administrative purposes (optional);5. number of the licence;6. photograph of the holder;7. signature of the holder;8. permanent place of residence, or postal address (optional);9. (sub)category(ies) of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonized categories);(e) the words "European Communities model" in the language(s) of the Member State issuing the licence and the words "Driving Licence" in the other languages of the Community, printed in pink to form the background of the licence:Permiso de ConducciónKørekortFührerschein¶äåéá ÏäÞãçóçòDriving LicenceAjokorttiPermis de conduireCeadúnas TiománaPatente di guidaRijbewijsCarta de ConduçãoKörkort;(f) Colour references:- blue: pantone reflex blue,- yellow: pantone yellow.Page 2 shall contain:(a) 9. (sub)category(ies) of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonized categories);10. date of first issue of each (sub)category (this date must be repeated on the new licence in the event of subsequent replacement or exchange);11. date of expiry of each (sub)category;12. additional information/restriction(s), in code form, facing the (sub)category affected.The codes shall be as follows:>TABLE>Where a code applies to all (sub)categories for which the licence is issued, it may be printed under columns 9, 10 and 11;13. in implementation of paragraph 3 (a) of this Annex, a space reserved for the possible entry by the host Member State of information essential for administering the licence;14. a space reserved for the possible entry by the Member State which issues the licence of information essential for administering the licence or related to road safety (optional). If the information relates to one of the headings defined in this Annex, it should be preceded by the number of the heading in question.With the specific written agreement of the holder, information which is not related to the administration of the driving licence or road safety may also be added in this space; such addition shall not alter in any way the use of the model as a driving licence.(b) an explanation of the numbered items which appear on pages 1 and 2 of the licence (at least items 1, 2, 3, 4 (a), 4 (b), 4 (c), 5, 10, 11 and 12).If a Member State wishes to make the entries in a national language other than one of the following languages: Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish or Swedish, it shall draw up a bilingual version of the licence using one of the aforementioned languages, without prejudice to the other provisions of this Annex.(c) a space shall be reserved on the Community model licence to allow for the possible introduction of a microchip or similar computer device.3. Special provisions(a) Where the holder of a driving licence issued by a Member State in accordance with this Annex has his normal place of residence in another Member State, that Member State may enter in the licence such information as is essential for administering it, provided that it also enters this type of information in the licences which it issues and provided that there remains enough space for the purpose.(b) After consulting the Commission, Member States may add colours or markings, such as bar codes, national symbols and security features, without prejudice to the other provisions of this Annex.In the context of mutual recognition of licences, the bar code may not contain information other than what can already be read on the driving licence or which is essential to the process of issuing the licence.COMMUNITY MODEL DRIVING LICENCE >REFERENCE TO A GRAPHIC>SPECIMEN COMMUNITY MODEL DRIVING LICENCE Belgian licence (for information) >REFERENCE TO A GRAPHIC>`


Avis juridique important

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32003L0059

Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC

Official Journal L 226 , 10/09/2003 P. 0004 - 0017

Directive 2003/59/EC of the European Parliament and of the Councilof 15 July 2003on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EECTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),After consultation of the Committee of the Regions,Acting in accordance with the procedure referred to in Article 251 of the Treaty(3),Whereas:(1) Article 5(1), (2) and (4) of Regulation (EEC) No 3820/85(4) provides that certain drivers engaged in the carriage of goods or passengers by road must, depending on their age, on the category of vehicle used and on the distance to be travelled, hold a certificate of professional competence in conformity with Community rules on the minimum level of training for some road transport drivers. That minimum level is determined by Directive 76/914/EEC(5).(2) Given that the provisions of Regulation (EEC) No 3820/85 apply to a very small percentage of drivers and that currently the compulsory training of drivers is only required by a few Member States, the majority of drivers now driving on Community territory are carrying out their profession solely on the basis of a driving licence.(3) To enable drivers to meet the new demands arising from the development of the road transport market, Community rules should be made applicable to all drivers, whether they drive as self-employed or salaried workers, and whether on own account or for hire or reward.(4) The establishment of new Community rules is aimed at ensuring that, by means of his or her qualification, the driver is of a standard to have access to and carry out the activity of driving.(5) More particularly, the obligation to hold an initial qualification and to undergo periodic training is intended to improve road safety and the safety of the driver, including during operations carried out by the driver while the vehicle is stopped. Furthermore, the modern nature of the profession of driver should arouse young people's interest in the profession, contributing to the recruitment of new drivers at a time of shortage.(6) To avoid unequal conditions of competition, this Directive should apply to the activity of driving both by the nationals of a Member State and by nationals of third countries who are employed or used by an undertaking established in a Member State.(7) In order to establish that the driver complies with his or her obligations, Member States should issue the driver with a certificate of professional competence, hereinafter referred to as "CPC", certifying his or her initial qualification or periodic training.(8) Given the differences between current systems in certain Member States, Member States should be able to choose between several options so as to facilitate the implementation of the provisions relating to the initial qualification.(9) In order to maintain their qualification of driver, existing drivers should be obliged to undergo periodic retraining in the skills essential for their profession.(10) The minimum requirements to be met for the initial qualification and the periodic training concern the safety rules to be observed when driving and while the vehicle is stopped. The development of defensive driving - anticipating danger, making allowance for other road users - which goes hand in hand with rational fuel consumption, will have a positive impact both on society and on the road transport sector itself.(11) This Directive should not affect the rights acquired by a driver who has held the driving licence necessary to carry out the activity of driving since before the date laid down for obtaining a CPC certifying the corresponding initial qualification or the periodic training.(12) Only training centres which have been approved by the competent authorities of the Member States should be able to organise the training courses laid down for the initial qualification and the periodic training. To ensure the quality of these approved centres, the competent authorities should set harmonised criteria for their approval including that of a well-established high level of professionalism.(13) Not only the competent authorities of the Member States but also any entity designated by them should be responsible for organising the tests provided for in connection with the initial qualification and the periodic training. Given the importance of this Directive for road safety and for the equality of conditions of competition, the competent authorities of the Member States should supervise such tests.(14) Member States should prescribe that the first session of periodic training is to be completed and should issue the corresponding CPC, within the five years following either the date of issue of the CPC certifying the initial qualification or the expiry date of the time limit set for certain drivers to claim their acquired rights. It should also be possible for these time limits to be shortened or extended. Following the first periodic training, the driver should undergo periodic training every five years.(15) To certify that a driver who is a national of a Member State is the holder of one of the CPCs provided for by this Directive, and to facilitate mutual recognition of the various CPCs, Member States should affix the harmonised Community code laid down for that purpose, together with the code's expiry date, either to the driving licence or to the new driver qualification card, to be mutually recognised by Member States, the harmonised model of which is laid down by this Directive. This card should meet the same security requirements as the driving licence, given the importance of the rights which it confers for road safety and the equality of conditions of competition. The possibility afforded to Member States to affix the Community code on the new card should enable them to lay down a period of validity for driving licences which does not coincide with the date of expiry of the validity of periodic training, given that Directive 91/439/EEC(6) provides that each Member State is to retain the right to determine, on the basis of national criteria, the period of validity of the driving licences which it issues.(16) Annexes I and Ia to Directive 91/439/EEC should be amended so as to add to the list of harmonised codes and sub-codes set out in those Annexes the new Community code determining the date until which a driver fulfils the professional skills requirement, whether this is an initial qualification or periodic training.(17) Special certification provisions should be laid down for drivers covered by this Directive who are nationals of third countries.(18) The Commission should monitor the implementation of this Directive, particularly given the different initial qualification systems which it lays down, and should submit a report on this subject to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.(19) Given the significant number of drivers covered by this Directive, the provisions relating to the initial qualification should be applied in two stages, depending on whether the carriage of passengers or the carriage of goods is involved. The phased application of this Directive as regards the initial qualification for drivers of vehicles engaged in the carriage of goods and passengers should also make it possible for periodic training to be established in a phased manner.(20) The measures necessary to implement this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).(21) To take account of the application on two different dates of the provisions relating to the initial qualification, the relevant provisions of Regulation (EEC) No 3820/85 as well as Directive 76/914/EEC should be repealed.(22) However, it is desirable, in order to respect the principles of Community law, that drivers of vehicles used to carry out transport where this is considered to have a lesser impact on road safety or where the requirements of this Directive would impose a disproportionate economic or social burden, should be exempted from the application of this Directive.(23) Since the objective of the proposed action, namely the establishment of a Community-wide standard for initial qualification and periodic training, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and the effects of the proposed action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,HAVE ADOPTED THIS DIRECTIVE:Article 1ScopeThis Directive shall apply to the activity of driving carried out by:(a) nationals of a Member State; and(b) nationals of third countries who are employed or used by an undertaking established in a Member State;hereinafter referred to as "drivers", engaged in road transport within the Community, on roads open to the public, using:- vehicles for which a driving licence of category C1, C1+E, C or C+E, as defined in Directive 91/439/EEC, or a driving licence recognised as equivalent, is required,- vehicles for which a driving licence of category D1, D1+E, D or D+E, as defined in Directive 91/439/EEC, or a driving licence recognised as equivalent, is required.Article 2ExemptionsThis Directive shall not apply to the drivers of:(a) vehicles with a maximum authorised speed not exceeding 45 km/h;(b) vehicles used by, or under the control of, the armed forces, civil defence, the fire service and forces responsible for maintaining public order;(c) vehicles undergoing road tests for technical development, repair or maintenance purposes, or of new or rebuilt vehicles which have not yet been put into service;(d) vehicles used in states of emergency or assigned to rescue missions;(e) vehicles used in the course of driving lessons for any person wishing to obtain a driving licence or a CPC, as provided for in Article 6 and Article 8(1);(f) vehicles used for non-commercial carriage of passengers or goods, for personal use;(g) vehicles carrying material or equipment to be used by the driver in the course of his or her work, provided that driving the vehicle is not the driver's principal activity.Article 3Qualification and training1. The activity of driving as defined in Article 1 shall be subject to a compulsory initial qualification and compulsory periodic training. To this end Member States shall provide for:(a) a system of initial qualificationMember States shall choose between the following two options:(i) option combining both course attendance and a testIn accordance with section 2(2.1) of Annex I, this type of initial qualification involves compulsory course attendance for a specific period. It shall conclude with a test. Upon successful completion of the test, the qualification shall be certified by a CPC as provided for in Article 6(1)(a);(ii) option involving only testsIn accordance with section 2(2.2) of Annex I, this type of initial qualification does not involve compulsory course attendance but only theoretical and practical tests. Upon successful completion of the tests, the qualification shall be certified by a CPC as provided for in Article 6(1)(b).However, a Member State may authorise a driver to drive within its territory before obtaining a CPC, when he or she is undergoing a national vocational training course of at least six months, for a maximum period of three years. In the context of this vocational training course, the tests referred to in points (i) and (ii) may be completed in stages;(b) a system of periodic trainingIn accordance with section 4 of Annex I, periodic training involves compulsory course attendance. It shall be certified by a CPC as provided for in Article 8(1).2. Member States may also provide for a system of accelerated initial qualification so that a driver may drive in the cases referred to in Article 5(2)(a)(ii) and (b) and in Article 5(3)(a)(i) and (b).In accordance with section 3 of Annex I, the accelerated initial qualification shall involve compulsory course attendance. It shall conclude with a test. Upon successful completion of the test, the qualification shall be certified by a CPC as provided for in Article 6(2).3. Member States may exempt drivers who have obtained the certificate of professional competence provided for in Directive 96/26/EC(8) from the tests referred to in paragraph 1(a)(i) and (ii) and in paragraph 2 in the subjects covered by the test provided for in that Directive and, where appropriate, from attending the part of the course corresponding thereto.Article 4Acquired rightsThe following drivers shall be exempted from the requirement to obtain an initial qualification:(a) drivers who hold a category D1, D1+E, D or D+E licence, or a licence recognised as equivalent, issued no later than two years after the final date for the transposition of this Directive;(b) drivers who hold a category C1, C1+E, C or C+E licence, or a licence recognised as equivalent, issued no later than three years after the final date for the transposition of this Directive.Article 5Initial qualification1. Access to an initial qualification shall not require the corresponding driving licence to be obtained beforehand.2. Drivers of a vehicle intended for the carriage of goods may drive:(a) from the age of 18:(i) a vehicle in licence categories C and C+E, provided they hold a CPC as referred to in Article 6(1);(ii) a vehicle in licence categories C1 and C1+E, provided they hold a CPC as referred to in Article 6(2);(b) from the age of 21, a vehicle in licence categories C and C+E, provided they hold a CPC as referred to in Article 6(2).3. Drivers of a vehicle intended for the carriage of passengers may drive:(a) from the age of 21:(i) a vehicle in licence categories D and D+E to carry passengers on regular services where the route does not exceed 50 kilometres and a vehicle in licence categories D1 and D1+E, provided they hold a CPC as referred to in Article 6(2).Any Member State may authorise drivers of vehicles in one of the abovementioned categories to drive such vehicles within its territory from the age of 18, provided they hold a CPC as referred to in Article 6(1);(ii) a vehicle in licence categories D and D+E, provided they hold a CPC as referred to in Article 6(1).Any Member State may authorise drivers of vehicles in one of the abovementioned categories to drive such vehicles within its territory from the age of 20, provided they hold a CPC as referred to in Article 6(1). This may be reduced to the age of 18 where the driver drives such vehicles without passengers;(b) from the age of 23, a vehicle in licence categories D and D+E, provided they hold a CPC as referred to in Article 6(2).4. Without prejudice to the age limits specified in paragraph 2, drivers undertaking carriage of goods who hold a CPC as provided for in Article 6 for one of the categories provided for in paragraph 2 of this Article shall be exempted from obtaining such a CPC for any other of the categories of vehicles referred to in that paragraph.These provisions shall apply under the same conditions to drivers undertaking carriage of passengers in the categories referred to in paragraph 3.5. Drivers undertaking carriage of goods who broaden or modify their activities in order to carry passengers, or vice versa, and who hold a CPC as provided for in Article 6, shall not be required to repeat the common parts of the initial qualification, but rather only the parts specific to the new qualification.Article 6CPC certifying the initial qualification1. CPC certifying an initial qualification(a) CPC awarded on the basis of course attendance and a testIn accordance with Article 3(1)(a)(i), Member States shall require trainee drivers to attend courses in a training centre approved by the competent authorities in accordance with section 5 of Annex I, hereinafter referred to as "approved training centre". These courses shall cover all the subjects referred to in section 1 of Annex I. This training shall conclude with successful completion of the test provided for in section 2(2.1) of Annex I. That test shall be organised by the Member States' competent authorities or an entity designated by them and shall serve to check whether, for the aforementioned subjects, the trainee driver has the level of knowledge required in section 1 of Annex I. The said authorities or entities shall supervise the test and, upon successful completion, issue the drivers with a CPC certifying an initial qualification.(b) CPC awarded on the basis of testsIn accordance with Article 3(1)(a)(ii), Member States shall require trainee drivers to pass the theoretical and practical tests referred to in section 2(2.2) of Annex I. These tests shall be organised by the Member States' competent authorities or an entity designated by them and shall serve to check whether, for all the aforementioned subjects, the trainee driver has the level of knowledge required in section 1 of Annex I. The said authorities or entities shall supervise the tests and, upon successful completion, issue the drivers with a CPC certifying an initial qualification.2. CPC certifying an accelerated initial qualificationIn accordance with Article 3(2), Member States shall require trainee drivers to attend courses in an approved training centre. These courses shall cover all the subjects referred to in section 1 of Annex I.This training shall conclude with the test provided for in section 3 of Annex I. That test shall be organised by the Member States' competent authorities or an entity designated by them and shall serve to check whether, for the aforementioned subjects, the trainee driver has the level of knowledge required in section 1 of Annex I. The said authorities or entities shall supervise the test and, upon successful completion, issue the drivers with a CPC certifying an accelerated initial qualification.Article 7Periodic trainingPeriodic training shall consist of training to enable holders of a CPC as referred to in Article 6 and the drivers referred to in Article 4 to update the knowledge which is essential for their work, with specific emphasis on road safety and the rationalisation of fuel consumption.This training shall be organised by an approved training centre, in keeping with section 5 of Annex I. If a driver moves to another undertaking, the periodic training already undergone must be taken into account.Periodic training shall be designed to expand on, and to revise, some of the subjects referred in section 1 of Annex I.Article 8CPC certifying periodic training1. When a driver has completed the periodic training referred to in Article 7, the Member States' competent authorities or the approved training centre shall issue him or her with a CPC certifying periodic training.2. The following drivers shall undergo a first course of periodic training:(a) holders of a CPC as referred to in Article 6, within five years of the issue of that CPC;(b) the drivers referred to in Article 4, within five years of the respective dates referred to in Article 14(2), in accordance with a timetable decided on by the Member States.Member States may reduce or extend the periods of time referred to in (a) and (b), inter alia, so that they coincide with the date of expiry of the driving licence or so as to ensure the gradual introduction of periodic training. The period may not, however, be shorter than three years or longer than seven years.3. A driver who has completed a first course of periodic training as referred to in paragraph 2 shall undergo periodic training every five years, before the end of the period of validity of the CPC certifying periodic training.4. Holders of the CPC as referred to in Article 6 or the CPC as referred to in paragraph 1 of this Article and the drivers referred to in Article 4 who have ceased pursuit of the occupation and do not meet the requirements of paragraphs 1, 2 and 3, shall undergo a course of periodic training before resuming pursuit of the occupation.5. Drivers undertaking the carriage of goods or passengers by road who have completed courses of periodic training for one of the licence categories provided for in Article 5(2) and (3) shall be exempt from the obligation to undergo further periodic training for another of the categories provided for in those paragraphs.Article 9Place of trainingDrivers referred to in Article 1(a) shall obtain the initial qualification referred to in Article 5 in the Member State in which they have their normal residence, as defined in Article 14 of Regulation (EEC) No 3821/85(9).Drivers referred to in Article 1(b) shall obtain that qualification in the Member State in which the undertaking is established or in the Member State which issued a work permit to them.Drivers referred to in Article 1(a) and 1(b) shall undergo the periodic training referred to in Article 7 in the Member State in which they have their normal residence or the Member State in which they work.Article 10Community code1. On the basis of the CPC referred to in Article 6 and the CPC referred to in Article 8(1), Member States' competent authorities shall mark, taking into account the provisions of Article 5(2) and (3) and Article 8, the Community code provided for in paragraph 2 of this Article alongside the corresponding categories of licence:- either on the driving licence,- or on the driver qualification card drawn up in accordance with the model shown in Annex II.The driver qualification card issued by Member States shall be mutually recognised. When the card is issued, the competent authorities shall check the validity of the driving licence whose number is mentioned on the card.2. The following Community code shall be added to the list of harmonised Community codes as laid down in Annexes I and Ia to Directive 91/439/EEC:"95. Driver holding a CPC complying with the obligation of professional competence referred to in Article 3 until ... (e.g. 95. 01.01.2012)."3. (a) A driver referred to in Article 1(b) who drives vehicles used for the carriage of goods by road shall prove that he or she has the qualification and training provided for in this Directive by means of the driver's certificate provided for in Regulation (EC) No 484/2002(10).In addition to the certificate, the Member State may issue him or her with the driver qualification card provided for in Annex II, marked with the relevant Community code.(b) A driver referred to in Article 1(b) who drives vehicles used for the carriage of passengers by road shall prove that he or she has the qualification and training provided for in this Directive by means of:- either the Community code marked on the Community model driving licence, where he or she is the holder of such a licence, or- the driver qualification card provided for in Annex II, marked with the relevant Community code, or- a national certificate whose validity on their territory is mutually recognised by the Member States.Article 11Adaptation to scientific and technical progressThe amendments necessary to adapt Annexes I and II to scientific and technical progress shall be adopted in accordance with the procedure laid down in Article 12(2).Article 12Committee procedure1. The Commission shall be assisted by a committee.2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply having regard to Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its Rules of Procedure.Article 13ReportBefore 10 September 2011 the Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report making an initial evaluation of the implementation of this Directive, in particular with regard to the equivalence of the various initial qualification systems provided for in Article 3, and the efficiency thereof in achieving the target level of qualification. The report shall be accompanied by appropriate proposals, if necessary.Article 14Transposition and implementation1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 10 September 2006. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall apply these measures:- from 10 September 2008 as regards the initial qualification required to drive vehicles in licence categories D1, D1+E, D and D+E;- from 10 September 2009 as regards the initial qualification required to drive vehicles in licence categories C1, C1+E, C and C+E.Member States shall forthwith inform the Commission thereof and shall assist each other in applying these measures.Article 15Repeal1. Article 5 of Regulation (EEC) No 3820/85 is hereby amended as follows:(a) paragraph 1 shall be repealed with effect from 10 September 2009.(b) paragraphs 2 and 4 shall be repealed with effect from 10 September 2008.2. Directive 76/914/EEC shall be repealed with effect from 10 September 2009.3. The laws, regulations and administrative provisions adopted to comply with Directive 76/914/EEC shall cease to apply:- from 10 September 2008 to drivers of vehicles for the carriage of passengers by road,- from 10 September 2009 to drivers of vehicles for the carriage of goods by road.Article 16Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Union.Article 17AddresseesThis Directive is addressed to the Member States.Done at Brussels, 15 July 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentG. Tremonti(1) OJ C 154 E, 29.5.2001, p. 258 and OJ C 20 E, 28.1.2003, p. 263.(2) OJ C 260, 17.9.2001, p. 90.(3) Opinion of the European Parliament of 17 January 2002 (OJ C 271 E, 7.11.2002, p. 381), Council Common Position of 5 December 2002 (OJ C 32 E, 11.2.2003, p. 9) and Decision of the European Parliament of 8 April 2003 (not yet published in the Official Journal). Decision of the Council of 13 June 2003.(4) Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (OJ L 370, 31.12.1985, p. 1).(5) Council Directive 76/914/EEC of 16 December 1976 on the minimum level of training for some road transport drivers (OJ L 357, 29.12.1976, p. 36).(6) Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ L 237, 24.8.1991, p. 1); Directive as last amended by Commission Directive 2000/56/EC (OJ L 237, 21.9.2000, p. 45).(7) OJ L 184, 17.7.1999, p. 23.(8) Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations (OJ L 124, 23.5.1996, p. 1); Directive as last amended by Directive 98/76/EC (OJ L 277, 14.10.1998, p. 17).(9) Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ L 370, 3.12.1985, p. 8); Regulation as last amended by Commission Regulation (EC) No 1360/2002 (OJ L 207, 5.8.2002, p. 1).(10) Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation (OJ L 76, 19.3.2002, p. 1).ANNEX IMINIMUM QUALIFICATION AND TRAINING REQUIREMENTSSection 1: List of subjectsThe knowledge to be taken into account by Member States when establishing the driver's initial qualification and periodic training must include at least the subjects in this list. Trainee drivers must reach the level of knowledge and practical competence necessary to drive in all safety vehicles of the relevant licence category.The minimum level of knowledge may not be less than level 2 of the training-level structure provided for in Annex I to Decision 85/368/EEC(1), i.e. the level reached during compulsory education, supplemented by professional training.1. Advanced training in rational driving based on safety regulationsAll licences1.1. Objective: to know the characteristics of the transmission system in order to make the best possible use of it:curves relating to torque, power, and specific consumption of an engine, area of optimum use of revolution counter, gearbox-ratio cover diagrams.1.2. Objective: to know the technical characteristics and operation of the safety controls in order to control the vehicle, minimise wear and tear and prevent disfunctioning:specific features of hydraulic vacuum servobrake circuit, limits to the use of brakes and retarder, combined use of brakes and retarder, making better use of speed and gear ratio, making use of vehicle inertia, using ways of slowing down and braking on downhill stretches, action in the event of failure.1.3. Objective: ability to optimise fuel consumption:optimisation of fuel consumption by applying know-how as regards points 1.1 and 1.2.Licences C, C+E, C1, C1+E1.4. Objective: ability to load the vehicle with due regard for safety rules and proper vehicle use:forces affecting vehicles in motion, use of gearbox ratios according to vehicle load and road profile, calculation of payload of vehicle or assembly, calculation of total volume, load distribution, consequences of overloading the axle, vehicle stability and centre of gravity, types of packaging and pallets;main categories of goods needing securing, clamping and securing techniques, use of securing straps, checking of securing devices, use of handling equipment, placing and removal of tarpaulins.Licences D, D+E, D1, D1+E1.5. Objective: ability to ensure passenger comfort and safety:adjusting longitudinal and sideways movements, road sharing, position on the road, smooth breaking, overhang operation, using specific infrastructures (public areas, dedicated lanes), managing conflicts between safe driving and other roles as a driver, interacting with passengers, peculiarities of certain groups of passengers (disabled persons, children).1.6. Objective: ability to load the vehicle with due regard for safety rules and proper vehicle use:forces affecting vehicles in motion, use of gearbox-ratios according to vehicle load and road profile, calculation of payload of vehicle or assembly, load distribution, consequences of overloading the axle, vehicle stability and centre of gravity.2. Application of regulationsAll licences2.1. Objective: to know the social environment of road transport and the rules governing it:maximum working periods specific to the transport industry; principles, application and consequences of Regulations (EEC) No 3820/85 and (EEC) No 3821/85; penalties for failure to use, improper use of and tampering with the tachograph; knowledge of the social environment of road transport: rights and duties of drivers as regards initial qualification and periodic training.Licences C, C+E, C1, C1+E2.2. Objective: to know the regulations governing the carriage of goods:transport operating licences, obligations under standard contracts for the carriage of goods, drafting of documents which form the transport contract, international transport permits, obligations under the Convention on the Contract for the International Carriage of Goods by Road, drafting of the international consignment note, crossing borders, freight forwarders, special documents accompanying goods.Licences D, D+E, D1, D1+E2.3. Objective: to know the regulations governing the carriage of passengers:carriage of specific groups of passengers, safety equipment on board buses, safety belts, vehicle load.3. Health, road and environmental safety, service, logisticsAll licences3.1. Objective: to make drivers aware of the risks of the road and of accidents at work:types of accidents at work in the transport sector, road accident statistics, involvement of lorries/coaches, human, material and financial consequences.3.2. Objective: ability to prevent criminality and trafficking in illegal immigrants:general information, implications for drivers, preventive measures, check list, legislation on transport operator liability.3.3. Objective: ability to prevent physical risks:ergonomic principles; movements and postures which pose a risk, physical fitness, handling exercises, personal protection.3.4. Objective: awareness of the importance of physical and mental ability:principles of healthy, balanced eating, effects of alcohol, drugs or any other substance likely to affect behaviour, symptoms, causes, effects of fatigue and stress, fundamental role of the basic work/rest cycle.3.5. Objective: ability to assess emergency situations:behaviour in an emergency situation: assessment of the situation, avoiding complications of an accident, summoning assistance, assisting casualties and giving first aid, reaction in the event of fire, evacuation of occupants of a lorry/bus passengers, ensuring the safety of all passengers, reaction in the event of aggression; basic principles for the drafting of an accident report.3.6. Objective: ability to adopt behaviour to help enhance the image of the company:behaviour of the driver and company image: importance for the company of the standard of service provided by the driver, the roles of the driver, people with whom the driver will be dealing, vehicle maintenance, work organisation, commercial and financial effects of a dispute.Licences C, C+E, C1, C1+E3.7. Objective: to know the economic environment of road haulage and the organisation of the market:road transport in relation to other modes of transport (competition, shippers), different road transport activities (transport for hire or reward, own account, auxiliary transport activities), organisation of the main types of transport company and auxiliary transport activities, different transport specialisations (road tanker, controlled temperature, etc.), changes in the industry (diversification of services provided, rail-road, subcontracting, etc.).Licences D, D+E, D1, D1+E3.8. Objective: to know the economic environment of the carriage of passengers by road and the organisation of the market:carriage of passengers by road in relation to other modes of passenger transport (rail, private car), different activities involving the carriage of passengers by road, crossing borders (international transport), organisation of the main types of companies for the carriage of passengers by road.Section 2: Compulsory initial qualification provided for in Article 3(1)(a)2.1. Option combining both course attendance and a testInitial qualification must include the teaching of all subjects in the list under section 1. The duration of this initial qualification must be 280 hours.Each trainee driver must drive for at least 20 hours individually in a vehicle of the category concerned which meets at least the requirements for test vehicles as defined in Directive 91/439/EEC.When driving individually, the trainee driver must be accompanied by an instructor, employed by an approved training centre. Each driver may drive for a maximum of eight hours of the 20 hours of individual driving on special terrain or on a top-of-the-range simulator so as to assess training in rational driving based on safety regulations, in particular with regard to vehicle handling in different road conditions and the way they change with different atmospheric conditions and the time of day or night.For the drivers referred to in Article 5(5) the length of the initial qualification must be 70 hours, including five hours of individual driving.At the end of that training, Member States' competent authorities or the entity designated by them shall give the driver a written or oral test. The test must include at least one question on each of the objectives in the list of subjects under section 1.2.2. Option involving a testMember States' competent authorities or the entity designated by them shall organise the aforementioned theoretical and practical tests to check whether the trainee driver has the level of knowledge required in section 1 for the subjects and objectives listed there.(a) The theoretical test shall consist of at least two parts:(i) questions including multiple-choice questions, questions requiring a direct answer, or a combination of both;(ii) case studies.The minimum duration of the theoretical test must be four hours.(b) The practical test shall consist of two parts:(i) a driving test aimed at assessing training in rational driving based on safety regulations. The test must take place, whenever possible, on roads outside built-up areas, on fast roads and on motorways (or similar), and on all kinds of urban highways presenting the different types of difficulties that a driver is liable to encounter. It would be desirable for this test to take place in different traffic density conditions. The driving time on the road must be used optimally in order to assess the candidate in all traffic areas likely to be encountered. The minimum duration of this test must be 90 minutes;(ii) a practical test covering at least points 1.4, 1.5, 1.6, 3.2, 3.3 and 3.5.The minimum duration of this test must be 30 minutes.The vehicle used for the practical test must meet at least the requirements for test vehicles as defined in Directive 91/439/EEC.The practical test may be supplemented by a third test taking place on special terrain or on a top-of-the-range simulator so as to assess training in rational driving based on safety regulations, in particular with regard to vehicle handling in different road conditions and the way they change with different atmospheric conditions and the time of day or night.The duration of this optional test is not fixed. Should the driver undergo such a test, its duration may be deducted from the 90 minutes of the driving test referred to under (i), but the time deducted may not exceed 30 minutes.For the drivers referred to in Article 5(5), the theoretical test must be limited to the subjects, referred to in section 1, which are relevant to the vehicles to which the new initial qualification applies. However, such drivers must undergo the whole practical test.Section 3: Accelerated initial qualification provided for in Article 3(2)Accelerated initial qualification must include the teaching of all subjects in the list in section 1. Its duration must be 140 hours.Each trainee must drive for at least 10 hours individually in a vehicle of the category concerned which meets at least the requirements for test vehicles as defined in Directive 91/439/EEC.When driving individually, the trainee driver must be accompanied by an instructor, employed by an approved training centre. Each driver may drive for a maximum of four hours of the 10 hours of individual driving on special terrain or on a top-of-the-range simulator so as to assess training in rational driving based on safety regulations, in particular with regard to vehicle handling in different road conditions and the way they change with different atmospheric conditions and the time of day or night.For the drivers referred to in Article 5(5) the length of the accelerated initial qualification must be 35 hours, including two-and-a-half hours of individual driving.At the end of that training, Member States' competent authorities or the entity designated by them shall give the driver a written or oral test. The test must include at least one question on each of the objectives in the list of subjects under section 1.Section 4: Compulsory periodic training provided for in Article 3(1)(b)Compulsory periodic training courses must be organised by an approved training centre. Their duration must be of 35 hours every five years, given in periods of at least seven hours. Such periodic training may be provided, in part, on top-of-the-range simulators.Section 5: Approval of the initial qualification and periodic training5.1. The training centres taking part in the initial qualification and periodic training must be approved by the Member States' competent authorities. Approval may be given only in response to a written application. The application must be accompanied by documents including:5.1.1. a suitable qualification and training programme specifying the subjects taught and setting out the proposed implementing plan and teaching methods;5.1.2. the instructors' qualifications and fields of activity;5.1.3. information about the premises where the courses are given, the teaching materials, the resources made available for the practical work, and the vehicle fleet used;5.1.4. the conditions regarding participation in the courses (number of participants).5.2. The competent authority must give approval in writing subject to the following conditions:5.2.1. the training must be given in accordance with the documents accompanying the application;5.2.2. the competent authority must be entitled to send authorised persons to assist in the training courses of the approved centres, and must be entitled to monitor such centres, with regard to the resources used and the proper running of the training courses and tests;5.2.3. the approval may be withdrawn or suspended if the conditions of approval are no longer complied with.The approved centre must guarantee that the instructors have a sound knowledge of the most recent regulations and training requirements. As part of a specific selection procedure, the instructors must provide certification showing a knowledge of both the subject material and teaching methods. As regards the practical part of the training, instructors must provide certification of experience as professional drivers or similar driving experience, such as that of driving instructors for heavy vehicles.The programme of instruction must be in accordance with the approval and must cover the subjects in the list in section 1.(1) Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (OJ L 199, 31.7.1985, p. 56).ANNEX IIARRANGEMENTS FOR THE EUROPEAN COMMUNITIES MODEL FOR A DRIVER QUALIFICATION CARD1. The physical characteristics of the card must comply with ISO standards 7810 and 7816-1.The methods for verifying the physical characteristics of the card to ensure that they are consistent with international standards must comply with ISO standard 10373.2. The card has two sides:side 1 contains:(a) the heading "driver qualification card" printed in large type in the official language or languages of the Member State issuing the card;(b) the name of the Member State issuing the card (optional);(c) the distinguishing sign of the Member State issuing the card, printed in negative in a blue rectangle and encircled by 12 yellow stars; the distinguishing signs are as follows:B: BelgiumDK: DenmarkD: GermanyGR: GreeceE: SpainF: FranceIRL: IrelandI: ItalyL: LuxembourgNL: The NetherlandsA: AustriaP: PortugalFIN: FinlandS: SwedenUK: United Kingdom;(d) information specific to the card, numbered as follows:1. surname of the holder;2. first name of the holder;3. date and place of birth of the holder;4. (a) date of issue;(b) date of expiry;(c) the name of the issuing authority (may be printed on side 2);(d) a different number from the driving licence number for administrative purposes (optional);5. (a) driving licence number;(b) serial number;6. photograph of the holder;7. signature of the holder;8. normal place of residence, or postal address of the holder (optional);9. the (sub)categories of vehicles for which the driver satisfies the initial qualification and periodic training requirements;(e) the title "European Communities model" in the language or languages of the Member State issuing the card and the heading "driver qualification card" in the other official languages of the Community, printed in blue so as to form the background to the card:tarjeta de cualificación del conductorchaufføruddannelsesbevisFahrerqualifizierungsnachweisδελτίο επιμόρφωσης οδηγούdriver qualification cardcarte de qualification de conducteurcárta cáilíochta tiománacarta di qualificazione del conducentekwalificatiekaart bestuurdercarta de qualificação do motoristakuljettajan ammattipätevyyskorttiyrkeskompetensbevis för förare;(f) the reference colours:- blue: Pantone Reflex blue,- yellow: Pantone yellow;side 2 contains:(a) 9. the (sub)categories of vehicles for which the driver satisfies the initial qualification and periodic training requirements;10. the Community code provided for in Article 10 of this Directive;11. a space reserved for the possible entry by the Member State issuing the card of essential administrative details or details relating to road safety (optional). If the details relate to a heading set out in this Annex, such details must be preceded by the corresponding heading number;(b) an explanation of the numbered entries appearing on sides 1 and 2 of the card (at least headings 1, 2, 3, 4(a), 4(b), 4(c), 5(a), 5(b) and 10).If a Member State wishes to word these entries in a national language other than one of the following languages: Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish, it shall draw up a bilingual version of the card using one of the abovementioned languages, without prejudice to the other provisions of this Annex.3. Security, including data protectionThe aim of the various constituent parts of the card is to rule out any forgery or tampering and to detect any attempts to do so.The Member State must ensure that the level of security of the card is at least comparable to the level of security of the driving licence.4. Particular arrangementsAfter consulting the Commission, Member States may add colours or markings, such as a bar code, national symbols and security features, without prejudice to the other provisions of this Annex.In connection with the mutual recognition of cards, the bar code may not contain any information other than that already legibly appearing on the driver qualification card or which is essential for the card-issuing process.EUROPEAN COMMUNITIES MODEL FOR A DRIVER QUALIFICATION CARD>PIC FILE= "L_2003226EN.001701.TIF">


Avis juridique important

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32001L0091

Commission Directive 2001/91/EC of 29 October 2001 adapting to technical progress for the eighth time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (hexachloroethane) (Text with EEA relevance)

Official Journal L 286 , 30/10/2001 P. 0027 - 0028

Commission Directive 2001/91/ECof 29 October 2001adapting to technical progress for the eighth time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (hexachloroethane)(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of dangerous substances and preparations(1), as last amended by Commission Directive 2001/90/EC(2), and in particular Article 2a thereof, introduced by Council Directive 89/678/EEC(3), and Directive 97/16/EC of the European Parliament and of the Council of 10 April 1997, amending for the 15th time Directive 76/769/EEC on restrictions on the marketing and use of certain dangerous substances and preparations(4),Whereas:(1) Directive 97/16/EC prohibited the use of hexachloroethane in the manufacturing and processing of non-ferrous metals whilst permitting, by way of derogation, Member States to allow on their territories continued use, under specified conditions, in non-integrated aluminium foundries and in the production of certain magnesium alloys.(2) There is no longer a need for derogations and Annex I to Directive 76/769/EEC should be adapted to technical progress for hexachloroethane by deleting the derogations.(3) The restrictions on the use of hexachloroethane laid down by this Directive take into account the current state of knowledge and techniques regarding suitable alternatives.(4) This Directive does not affect Community legislation laying down minimum requirements for the protection of workers contained in Council Directive 89/391/EEC(5) and in individual directives based thereon, in particular Council Directive 90/394/EEC(6), as last amended by Directive 1999/38/EC(7).(5) The measures provided for in this Directive are in accordance with the opinion of the Committee for the adaptation to technical progress of the Directives on the removal of technical barriers to trade in dangerous substances and preparations,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 76/769/EEC is hereby adapted to technical progress as set out in the Annex to this Directive.Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2002 at the latest. They shall forthwith inform the Commission thereof. They shall apply these provisions as from 30 June 2003.When Member States adopt those provisions, these 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 3This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 4This directive is addressed to the Member States.Done at Brussels, 29 October 2001.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 262, 27.9.1976, p. 24.(2) OJ L 283, 27.10.2001, p. 41.(3) OJ L 398, 30.12.1989, p. 24.(4) OJ L 116, 6.5.1997, p. 31.(5) OJ L 183, 29.6.1989, p. 1.(6) OJ L 196, 26.7.1990, p. 1.(7) OJ L 138, 1.6.1999, p. 66.ANNEXIn Annex I to Directive 76/769/EEC, point 41 shall be replaced by the following point: >TABLE>


title: Commission Directive 2005/91/EC of  16 December 2005  amending Directive 2003/90/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species   (Text with EEA relevance)

text:
               17.12.2005

               EN

               Official Journal of the European Union

               L 331/24

         COMMISSION DIRECTIVE 2005/91/EC
   of 16 December 2005
   amending Directive 2003/90/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (1), and in particular Article 7(2) (a) and (b) thereof,
   Whereas:

               (1)

               Commission Directive 2003/90/EC (2) was adopted to ensure that the varieties the Member States include in their national catalogues comply with the guidelines established by the Community Plant Variety Office (CPVO) as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining the varieties, as far as such guidelines had been established. For other varieties that Directive provides that the guidelines of the International Union for the Protection of New Varieties of Plants (UPOV) are to apply.

               (2)

               The CPVO has since established further guidelines for a number of other species.

               (3)

               Directive 2003/90/EC should therefore be amended accordingly.

               (4)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annexes I and II to Directive 2003/90/EC are replaced by the text in the Annex to this Directive.
   Article 2
   For examinations started before 1 April 2006, Member States may decide to apply the text of Directive 2003/90/EC applying before its amendment by the present Directive.
   Article 3
   Member States shall adopt and publish, by 31 March 2006 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 April 2006.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 4
   This Directive shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 16 December 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 193, 20.7.2002, p. 1. Directive as amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 1).

      (2)  OJ L 254, 8.10.2003, p. 7.

      ANNEX
      ‘
            ANNEX I
            List of species which shall comply with CPVO test guidelines

                        Species listed in the Common Catalogue

                        CPVO protocol

                        Field pea

                        Pea, TP 7/1 of 6.11.2003

                        Swede rape

                        Oilseed rape, TP 36/1 of 25.3.2004

                        Sunflower

                        Sunflower, TP 81/1 of 31.10.2002

                        Oats

                        Oats, TP 20/1 of 6.11.2003

                        Barley

                        Barley, TP 19/2 of 6.11.2003

                        Rice

                        Rice, TP 16/1 of 18.11.2004

                        Rye

                        Rye, TP 58/1 of 31.10.2002

                        Triticale

                        Triticale, TP 121/1 of 6.11.2003

                        Wheat

                        Wheat, TP 3/3 of 6.11.2003

                        Durum wheat

                        Durum wheat, TP120/2 of 6.11.2003

                        Maize

                        Maize, TP 2/2 of 15.11.2001

                        Potato

                        Potato, TP 23/1 of 27.3.2002

                  The text of these protocols can be found on the CPVO web site (www.cpvo.eu.int).

            ANNEX II
            List of species which shall comply with UPOV test guidelines

                        Species listed in the Common Catalogue

                        UPOV guidelines

                        Fodder beet

                        Fodder beet, guideline TG/150/3 of 4.11.1994

                        Velvet bent

                        Bent, guideline TG/30/6 of 12.10.1990

                        Red top

                        Bent, guideline TG/30/6 of 12.10.1990

                        Creeping bent

                        Bent, guideline TG/30/6 of 12.10.1990

                        Brown top

                        Bent, guideline TG/30/6 of 12.10.1990

                        Rescue grass

                        Rescue grass, guideline TG/180/3 of 4.4.2001

                        Alaska brome-grass

                        Alaska brome-grass, guideline TG/180/3 of 4.4.2001

                        Cocksfoot

                        Cocksfoot, guideline TG/31/8 of 17.4.2002

                        Tall fescue

                        Tall fescue, guideline TG/39/8 of 17.4.2002

                        Sheep’s fescue

                        Sheep's fescue, guideline TG/67/4 of 12.11.1980

                        Meadow fescue

                        Meadow fescue, guideline TG/39/8 of 17.4.2002

                        Red fescue

                        Red fescue, guideline TG/67/4 of 12.11.1980

                        Italian ryegrass

                        Ryegrass, guideline TG/4/7 of 12.10.1990

                        Perennial ryegrass

                        Ryegrass, guideline TG/4/7 of 12.10.1990

                        Hybrid ryegrass

                        Ryegrass, guideline TG/4/7 of 12.10.1990

                        Timothy

                        Timothy, guideline TG/34/6 of 7.11.1984

                        Smooth-stalked meadow grass

                        Kentucky bluegrass, guideline TG/33/6 of 12.10.1990

                        White lupin

                        White lupin, guideline TG/66/4 of 31.3.2004

                        Blue lupin

                        Blue lupin, guideline TG/66/4 of 31.3.2004

                        Yellow lupin

                        Yellow lupin, guideline TG/66/4 of 31.3.2004

                        Lucerne

                        Lucerne, guideline TG/6/5 of 6.4.2005

                        Red clover

                        Red clover, guideline TG/5/7 of 4.4.2001

                        White clover

                        White clover, guideline TG/38/7 of 9.4.2003

                        Field bean

                        Field bean, guideline TG/8/6 of 17.4.2002

                        Common vetch

                        Common vetch, guideline TG/32/6 of 21.10.1988

                        Swede

                        Swede, guideline 89/6 of 4.4.2001

                        Fodder radish

                        Fodder radish, guideline TG/178/3 of 4.4.2001

                        Groundnut/Peanut

                        Groundnut, guideline TG/93/3 of 13.11.1985

                        Turnip rape

                        Turnip rape, guideline TG/185/3 of 17.4.2002

                        Safflower

                        Safflower, guideline TG/134/3 of 12.10.1990

                        Cotton

                        Cotton, guideline TG/88/6 of 4.4.2001

                        Flax/Linseed

                        Flax/Linseed, guideline TG/57/6 of 20.10.1995

                        Opium poppy

                        Opium/Seed poppy, guideline TG/166/3 of 24.3.1999

                        White mustard

                        White mustard, guideline TG/179/3 of 4.4.2001

                        Soya bean

                        Soya bean, guideline TG/80/6 of 1.4.1998

                        Sorghum

                        Sorghum, guideline TG/122/3 of 6.10.1989

                  The text of these guidelines can be found on the UPOV web site (www.upov.int).
         ’


Avis juridique important

|

31998L0072

Directive 98/72/EC of the European Parliament and of the Council of 15 October 1998 amending Directive 95/2/EC on food additives other than colours and sweeteners

Official Journal L 295 , 04/11/1998 P. 0018 - 0030

DIRECTIVE 98/72/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 October 1998 amending Directive 95/2/EC on food additives other than colours and sweetenersTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure referred to in Article 189b of the Treaty (3),Having regard to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption (4), and in particular Article 3(2) thereof,Whereas there have been technical developments in the field of food additives since the adoption of Directive 95/2/EC (5);Whereas Directive 95/2/EC should be adapted to take account of these developments;Whereas the Scientific Committee for Food, set up by Decision 74/234/EEC (6), was consulted before the adoption of provisions liable to have an effect on public health;Whereas specific provisions on thiabendazole have been laid down in Council Directive 95/38/EC of 17 July 1995 amending Annexes I and II to Directive 90/642/EEC on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables, and providing for the establishment of a list of maximum levels (7); whereas the entry on thiabendazole should now be repealed,HAVE ADOPTED THIS DIRECTIVE:Article 1 Directive 95/2/EC is hereby amended as follows:1. Article 1(1) shall be replaced by the following:'1. This Directive is a specific Directive forming a part of the comprehensive Directive, within the meaning of Article 3 of Directive 89/107/EEC, and applies to additives other than colours and sweeteners. It does not apply to enzymes other than those mentioned in the Annexes,`;2. Article 2(1) shall be replaced by the following:'1. Only substances listed in Annexes I, III, IV and V may be used in foodstuffs for the purposes mentioned in Article 1(3) and Article 1(4),`;3. Article 2(2) shall be replaced by the following:'2. Food additives listed in Annex I are permitted in foodstuffs, for the purposes mentioned in Article 1(3) and Article 1(4), with the exception of those foodstuffs listed in Annex II, following the "quantum satis" principle,`;4. The fifth indent of Article 2(3)(a) shall be replaced by:'- pasteurised and sterilised (including UHT) milk (including plain, skimmed and semi-skimmed) and plain pasteurised cream,`;5. The eleventh indent of Article 2(3)(a) shall be replaced by:'- dry pasta, excluding gluten-free and/or pasta intended for hypoproteic diets, in accordance with Directive 89/398/EEC,`;6. The tables of the Annexes shall be amended in accordance with the provisions contained in the Annex to this Directive.Article 2 1. Member States shall, where necessary, amend their laws, regulations and administrative provisions in order to:- authorise trade in products conforming with this Directive, by 4 May 2000 at the latest,- prohibit trade in products not conforming with this Directive from 4 November 2000. However, products placed on the market or labelled before that date which do not comply with the Directive may be marketed until stocks are exhausted.They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field covered by this Directive.Article 3 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Luxembourg, 15 October 1998.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentC. EINEM(1) OJ C 76, 11. 3. 1997, p. 34, and OJ C 77, 12. 3. 1998, p. 7.(2) OJ C 75, 10. 3. 1997, p. 1.(3) Opinion of the European Parliament of 23 October 1997 (OJ C 339, 10. 11. 1997, p. 1), Council common position of 23 March 1998 (OJ C 161, 27. 5. 1998, p. 29) and Decision of the European Parliament of 15 July 1998 (OJ C 292, 21. 9. 1998). Council Decision of 28 September 1998.(4) OJ L 40, 11. 2. 1989, p. 27. Directive as last amended by Directive 94/34/EC of the European Parliament and of the Council (OJ L 237, 10. 9. 1994, p. 1).(5) OJ L 61, 18. 3. 1995, p. 1. Directive as amended by Directive 96/85/EC (OJ L 86, 28. 3. 1997, p. 4).(6) OJ L 136, 20. 5. 1974, p. 1.(7) OJ L 197, 22. 8. 1995, p. 14.ANNEX 1. In Annex I, the following additives shall be added:>TABLE>2. In Annex II:(a) the list of additives and the maximum level for 'Jam, jellies and marmalades as defined in Directive 79/693/EEC and other similar fruit spreads including low-calorie products` shall be supplemented as follows:>TABLE>(b) the table concerning 'Sterilised, pasteurised and UHT cream, low-calorie cream and pasteurised low-fat cream` shall be replaced by the following:>TABLE>(c) the designation 'Frozen and deep-frozen unprocessed fruit and vegetables` shall be amended as follows:'Frozen and deep-frozen unprocessed fruit and vegetables; prepacked, refrigerated unprocessed fruit and vegetables ready for consumption and prepacked unprocessed and peeled potatoes.`;(d) the following table shall be inserted after the table concerning 'Non-emulsified oils and fats of animal or vegetable origin`:>TABLE>(e) the list of additives and the maximum level for 'Mozzarella and whey cheese` shall be supplemented as follows:>TABLE>(f) the list of additives and the maximum level for 'Canned and bottled fruit and vegetables` shall be supplemented as follows:>TABLE>(g) the list of additives and the maximum level for 'Gehakt` shall be supplemented as follows:>TABLE>(h) the following table shall be added at the end of the Annex:>TABLE>3. In Annex III, Part A:(a) the maximum levels for 'Olives and olive-based preparations`, 'Emulsified sauces with a fat content of 60 % or more` and 'Emulsified sauces with a fat content less than 60 %` shall be replaced by the following:>TABLE>(b) at the end of this part, the following table shall be added:>TABLE>4. In Annex III, Part B:(a) the presentation of the following foodstuffs and maximum levels:>TABLE>shall be as follows:>TABLE>(b) the maximum level for the entry 'Sugars as defined in Directive 73/437/EEC except glucose syrup, whether or not dehydrated` shall be replaced by the following:>TABLE>(c) the following foodstuffs and maximum levels:>TABLE>shall be replaced by the following:>TABLE>(d) at the end of this Part, the following foodstuffs and maximum levels shall be added:>TABLE>5. In Annex III, Part C:(a) the following foodstuff and maximum level shall be added to E 234:>TABLE>(b) the following foodstuffs and maximum levels shall be added to E 251 and E 252:>TABLE>(c) the following foodstuffs and maximum levels shall be added to E 280, E 281, E 282 and E 283:>TABLE>(d) the following table shall be deleted:>TABLE>6. The designation 'Dehydrated granulated potatoes` contained in the table in Annex III Parts B and D in the foodstuffs column shall be replaced by 'Dehydrated potatoes`.7. In Annex IV:(a) the designation 'Instant tea powder` concerning E 297 Fumaric acid and the maximum level of 1 g/l shall be replaced by 'Instant products for preparation of flavoured tea and herbal infusions with the maximum level: 1 g/kg`;(b) the table concerning E 338 to E 452 shall be replaced by the following:>TABLE>(c) the following additive shall be added:>TABLE>(d) the designation 'Minarine` concerning E 385 shall be amended as follows:>TABLE>(e) the following foodstuff and maximum level shall be added to E 405:>TABLE>(f) the designation in the 12th section, third column, concerning E 442, shall be amended as follows:'Cocoa and chocolate products as defined in Directive 73/241/EEC including fillings`'Confectionery based on these products`;(g) the following foodstuff and maximum level shall be added to E 445:>TABLE>(h) the following foodstuffs and maximum levels shall be added to E 473 and E 474:>TABLE>(i) the designation 'Low and very low fat spreads and dressings` concerning E 476 shall be amended as follows:>TABLE>(j) the following foodstuffs and maximum levels concerning E 551 to E 559 shall be added:>TABLE>(k) the designation 'Sliced hard cheese and sliced processed cheese` concerning E 551 to E 559 shall be amended as follows:>TABLE>(l) the following foodstuff and maximum level shall be added to E 900:>TABLE>(m) the following foodstuffs and maximum levels shall be added to E 901, E 902, E 903 and E 904:>TABLE>(n) the following foodstuffs and maximum levels shall be added to E 912 and E 914:>TABLE>(o) the following foodstuffs and maximum levels shall be added to E 957:>TABLE>(p) the designation 'Margarine` and 'Minarine` concerning E 959 shall be amended as follows:>TABLE>(q) the following foodstuff and maximum level shall be added to E 999:>TABLE>(r) the following table shall be added:>TABLE>(s) the following table shall be added:>TABLE>8. In Annex V, the following table shall be added:>TABLE>9. In Annex VI:(a) the first subparagraph of the introductory note shall be replaced by the following:'Formulae and weaning foods for infants and young children may contain E 414 (acacia gum, gum arabic) and E 551 (silicon dioxide) resulting from the addition of nutrient preparations containing not more than 150 g/kg of E 414 and 10 g/kg of E 551, as well as E 421 (mannitol) when used as a carrier for vitamin B12 (not less than one part vitamin B12 to 1 000 parts mannitol). The carry over of E 414 in the product ready for consumption should not be more than 10 mg/kg.Formulae and weaning foods for infants and young children may contain E 301 (sodium L-ascorbate), used at QS level in coatings of nutrient preparations containing polyunsaturated fatty acids. The carry over of E 301 in the product ready for consumption should not be more than 75 mg/l.`;(b) in Part 1, note 2 shall be replaced by the following:'2. If more than one of the substances E 322, E 471, E 472c and E 473 are added to a foodstuff, the maximum level established for that foodstuff for each of those substances is lowered with that relative part as is present of the other substances together in that foodstuff.`;(c) in Part 1, the following table shall be added:>TABLE>(d) in Part 2, note 2 shall be replaced by the following:'2. If more than one of the substances E 322, E 471, E 472c and E 473 is added to a foodstuff, the maximum level established for that foodstuff for each of those substances is lowered with that relative part as is present of the other substances together in that foodstuff.`;(e) in Part 2, the following table shall be added:>TABLE>(f) in Part 3, the following table shall be added:>TABLE>(g) in Part 4, the following table shall be added:>TABLE>