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32000L0062

Directive 2000/62/EC of the European Parliament and of the Council of 10 October 2000 amending Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail

Official Journal L 279 , 01/11/2000 P. 0044 - 0045

Directive 2000/62/EC of the European Parliament and of the Councilof 10 October 2000amending Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by railTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 71(1)(c) thereof,Having regard to the proposal from the Commission(1),Having regard to the Opinion of the Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure referred to in Article 251 of the Treaty(3),Whereas:(1) Directive 96/49/EC(4) lays down transitional provisions which remained valid until 1 January 1999, to allow the completion of some standardisation work by the European Committee for Standardisation (CEN) on receptacles and tanks; that work has not yet been completed.(2) The transport equipment covered by the derogation provided for in Article 5(2)(c) of Directive 96/49/EC should be better defined.(3) In order to allow the Member States to use, for a specified period, rail wagons and tanks that do not comply with a new provision in the Annex to Directive 96/49/EC, there should be a transitional provision to cover rail wagons and tanks constructed on or after 1 January 1997 and used exclusively for national transport.(4) The deadlines laid down in Article 6(4) of Directive 96/49/EC regarding certain equipment should be put back; identifying the equipment concerned and the latest date for the application of Directive 96/49/EC should be made subject to the procedure laid down in Article 9 thereof.(5) The derogations provided for in Article 6(9), (11) and (14) of Directive 96/49/EC should be made subject to the procedure laid down in Article 9 thereof.(6) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).(7) The conditions to be fulfilled before a transport operation may be regarded as an ad hoc transport operation should be specified.(8) Directive 96/49/EC should be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 96/49/EC is hereby amended as follows:1. in Article 5(2)(c) the terms "operating temperature of material intended..." shall be replaced by "operating temperature of materials used for plastic packaging, tanks and their equipment intended...";2. Article 6 shall be amended as follows:(a) paragraph 3 shall be replaced by the following:"3. Within its own territory a Member State may authorise the use of wagons constructed before 1 January 1997 which do not comply with this Directive, but were constructed in accordance with national provisions in force on 31 December 1996, provided that those wagons are maintained to the required safety levels.Tanks and wagons constructed on or after 1 January 1997 which do not comply with the Annex but were constructed in accordance with the requirements of this Directive that were applicable on the date of their construction may continue to be used for national transport until a date determined in accordance with the procedure laid down in Article 9.";(b) in paragraph 4:- in the first sentence, "31 December 1998" shall be replaced by "30 June 2001", and in the second sentence, "1 January 1999" shall be replaced by "1 July 2001".- the following subparagraphs shall be added:"The dates 30 June 2001 and 1 July 2001 shall be put back for receptacles and tanks for which there are no detailed technical requirements or for which no sufficient references to the appropriate European standards have been added to the Annex.The receptacles and tanks referred to in the second subparagraph and the latest date for the application of this Directive as regards those receptacles and tanks shall be determined in accordance with the procedure laid down in Article 9.";(c) paragraph 9 shall be replaced by the following:"9. Provided they give the Commission advance notification no later than 31 December 2002 or until two years after the last date of application of the amended versions of the Annex to this Directive, Member States may adopt provisions less stringent than those in the Annex for the transport within their territory only of small quantities of certain dangerous goods, with the exception of substances having a medium or high level of radioactivity.These derogations shall be applied without discrimination.Notwithstanding the above, Member States may, provided they give the Commission advance notification, at any time adopt provisions similar to provisions adopted by other Member States with reference to this paragraph.The Commission shall examine whether the conditions laid down in this paragraph have been met and shall decide, in accordance with the procedure laid down in Article 9, whether the Member States concerned may adopt these derogations.";(d) paragraph 10 shall be replaced by the following:"10. The Member States may issue authorisations, valid for their territory only, to carry out ad hoc transport operations of dangerous goods which are either prohibited by the Annex or are performed under conditions different from those laid down in the Annex, on condition that these ad hoc transport operations are clearly defined and limited in time.";(e) paragraph 11 shall be replaced by the following:"11. Provided they give the Commission advance notification, Member States may authorise the regular transport on particular designated routes within their territory of dangerous goods, forming part of a defined industrial process, which are either prohibited by the provisions of the Annex or are performed under conditions different from those laid down in the Annex, where such operations are of a local nature and are tightly controlled under clearly specified conditions.The Commission shall examine whether the requirements of the first subparagraph have been met and shall decide, in accordance with the procedure laid down in Article 9, whether the Member States concerned may authorise such transport operations.";(f) paragraph 14 shall be replaced by the following:"14. Provided they give the Commission advance notification Member States may authorise the transport of dangerous goods under conditions less stringent than those laid down in the Annex in the case of local transport over short distances within the perimeters of ports, airports or industrial sites.The Commission shall examine whether the conditions laid down in the first subparagraph have been met and shall decide, in accordance with the procedure laid down in Article 9, whether the Member States concerned may authorise such transport operations.";3. Article 9 shall be replaced by the following:"Article 91. The Commission shall be assisted by the 'Committee on the transport of dangerous goods' set up under Article 9 of Directive 94/55/EC.(6)2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period referred to 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 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 May 2001. 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 adopted by the Member States.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Luxembourg, 10 October 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentD. Voynet(1) OJ C 181, 26.6.1999, p. 25.(2) OJ C 329, 17.11.1999, p. 11.(3) European Parliament Opinion of 29 October 1999 (OJ C 154, 5.6.2000, p. 353), Council Common Position of 27 June 2000 (OJ C 254, 25.8.2000, p. 14) and European Parliament Decision of 21 September 2000.(4) OJ L 235, 17.9.1996, p. 25. Directive as last amended by Commission Directive 1999/48/EC (OJ L 169, 5.7.1999, p. 58).(5) OJ L 184, 17.7.1999, p. 23.(6) OJ L 319, 12.12.1994, p. 7. Directive as last amended by Directive 2000/61/EC of the European Parliament and of the Council (OJ L 279 of 1.11.2000, p. 40).


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31984L0634

Third Council Directive 84/634/EEC of 12 December 1984 on summertime arrangements

Official Journal L 331 , 19/12/1984 P. 0033 - 0033 Spanish special edition: Chapter 07 Volume 3 P. 0212  Portuguese special edition Chapter 07 Volume 3 P. 0212

*****THIRD  COUNCIL DIRECTIVE  of 12 December 1984  on summertime arrangements  (84/634/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 (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the Second Council Directive (82/399/EEC) of 10 June 1982 on summertime arrangements (4) introduced a common date and time throughout the Community for the beginning of the summertime period for 1983, 1984 and 1985, and for the end of that period in those years two different dates, one for Member States that do not belong to the zero time zone and one for the two Member States that do belong to the zero time zone;  Whereas Article 5 of the said Directive provides that the Council, acting on a proposal from the Commission, shall adopt the arrangements to apply from 1986 onwards;  Whereas it is appropriate to re-examine the summertime period from time to time and therefore for this purpose arrangements should be adopted covering 1986, 1987 and 1988;  Whereas a common date and time for the beginning of the summertime period in the whole Community area should be fixed for those years;  Whereas, as an experiment during those three years, two different dates for the end of the summertime period should be fixed for the Member States belonging to the zero time zone and the other Member States;  Whereas, for geographical reasons, common summertime arrangements should not apply to the overseas territories of the Member States,  HAS ADOPTED THIS DIRECTIVE:  Article 1  For the purposes of this Directive the expression 'summertime period' means the period of the year during which the time is advanced by 60 minutes in relation to the time for the rest of the year.  Article 2  Member States shall take the measures necessary to ensure that in each Member State the summertime period for 1986, 1987 and 1988 begins at 1 a.m. Greenwich Mean Time on the last Sunday in March.  Article 3  Member States other than those in the zero (Greenwich) time zone shall take the measures necessary to ensure that the summertime period for 1986, 1987 and 1988 ends at 1 a.m. Greenwich Mean Time on the last Sunday in September, viz.:  - in 1986: on 28 September,  - in 1987: on 27 September,  - in 1988: on 25 September.  Article 4  Member States belonging to the zero (Greenwich) time zone, namely Ireland and the United Kingdom, shall take the measures necessary to ensure that the summertime period ends at 1 a.m. Greenwich Mean Time, on the fourth Sunday in October, viz.:  - in 1986: on 26 October,  - in 1987: on 25 October,  - in 1988: on 23 October.  Article 5  The Council, acting on a proposal from the Commission, shall adopt by 1 January 1988 the arrangements to apply from 1989 onwards.  Article 6  This Directive shall not apply to the overseas territories of the Member States.  Article 7  This Directive is addressed to the Member States.  Done at Brussels, 12 December 1984.  For the Council  The President  R. QUINN  (1) OJ No C 179, 7. 7. 1984, p. 11.  (2) OJ No C 300, 12. 11. 1984, p. 57.  (3) OJ No C 307, 19. 11. 1984, p. 8.  (4) OJ No L 173, 19. 6. 1982, p. 16.


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31978L0627

Council Directive 78/627/EEC of 19 June 1978 on the programme to accelerate the restructuring and conversion of vineyards in certain Mediterranean regions in France

Official Journal L 206 , 29/07/1978 P. 0001 - 0004 Spanish special edition: Chapter 03 Volume 14 P. 0227  Portuguese special edition Chapter 03 Volume 14 P. 0227

COUNCIL DIRECTIVE  of 19 June 1978  on the programme to accelerate the restructuring and conversion of vineyards in certain Mediterranean regions in France  (78/627/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas Article 39 (2) (a) of the Treaty provides that account should be taken of the social structure of agriculture and the structural and natural disparities between agricultural regions in determining the common agricultural policy;  Whereas, to achieve the objectives of the common agricultural policy set out in Article 39 (1) (a) and (b) of the Treaty, specific measures appropriate to the situation of the least-favoured agricultural areas should be adopted at Community level;  Whereas certain Mediterranean regions of the Community are in an unfavourable situation as regards agricultural incomes and suffer from under-employment both in agriculture and in other sectors;  Whereas the Languedoc-Roussillon region and the departments of Ardèche, Bouches-du-Rhône, Var and Vaucluse are among those regions;  Whereas action should be concentrated on a basic aspect of the structural development of regional agriculture which has lasting effects on agricultural incomes;  Whereas to this end some of the vineyards of the regions concerned should be encouraged to improve the quality of their production and there should be collective action to improve the basic structures of the areas under vines;  Whereas there should be incentives for the conversion of areas under vines in locations whose suitability for wine-growing is not well established and which could be made suitable for other crops especially by joint measures to irrigate the areas previously planted with vines;  Whereas it is essential to speed up the irrigation operations referred to above by means of Community aid;  Whereas it is desirable to encourage producers to convert the areas under vines referred to above by means of special aid on a progressively diminishing scale;  Whereas the conditions and limits laid down in Articles 13 and 19 of Council Directive 72/159/EEC of 17 April 1972 on the modernization of farms (2) are not well suited to the particular structural situation of these regions;  (1)OJ No C 108, 8.5.1978, p. 49. (2)OJ No L 96, 23.4.1972, p. 1.   Whereas these objectives should be furthered by way of a multipurpose measure covering all the areas requiring restructuring and all the areas previously planted with vines requiring irrigation in these regions and constituting a programme extending over several years;  Whereas it follows from the foregoing that the measures referred to constitute a common measure within the meaning of Article 6 of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (1), as last amended by Regulation (EEC) No 2788/72 (2);  Whereas it is for the Commission, after receiving the opinion of the Standing Committee on Agricultural Structure, to approve a programme put forward by the French Republic,  HAS ADOPTED THIS DIRECTIVE:    Article 1 With a view to increasing agricultural incomes in the Languedoc-Roussillon region and the departments of Ardèche, Bouches-du-Rhône, Var and Vaucluse, hereinafter referred to as "the regions concerned", by improving the basic structures both of the areas under vines and of the wine-growing areas to be converted, thus contributing to the modernization of farms, a common measure within the meaning of Article 6 (1) of Regulation (EEC) No 729/70, to be implemented by the French Republic, shall be introduced for the purpose of accelerating the restructuring of some of these vineyards and the conversion of others.   Article 2 1. The conditions and limits laid down in Articles 13 (2) and 19 (2) and (3) of Directive 72/159/EEC shall not apply to joint operations covered by this common measure.  2. The Community's financial contribution may be used only in the framework of a programme applying to all the areas requiring restructuring and all the areas under vines requiring conversion in the regions concerned.  Such a programme shall be presented to the Commission by the French Republic.  3. The programme shall be examined and approved after consultation with the European Agricultural Guidance and Guarantee Fund (hereinafter referred to as "the Fund") Committee on the financial aspects, in accordance with the procedure laid down in Article 18 (2) and (3) of Directive 72/159/EEC.   Article 3 1. The programme referred to in Article 2 shall include the following information:    (a) in respect of operations to restructure areas under vines:      - the number of hectares under vines which are to be restructured under the programme,           - the location of the areas to be restructured and the timetable for the work,           - the criteria concerning the suitability of these areas for the production of good quality table wine,           - the nature of collective rules designed to ensure that the restructuring operations are effective,           - the measures for the replanting of vineyards, with indication of the recommended varieties used, as laid down in Community rules,           - the minimum conditions for improving basic structures, in particular by reparcelling and by standardizing the direction and spacing of the vine rows,           - provisions ensuring that vineyards can be created within these areas only through replanting. For the purpose of this Directive, replanting means the creation of a vineyard after the grubbing up of vines not more than four years previously on an equivalent area within each area to be restructured,           - provisions ensuring that restructuring operations will not involve an extension of winegrowing areas,           - nature and amount of the aid envisaged ; estimate of the cost of this programme,           - the quantitative and qualitative objectives of these operations in the light of the existing situation;                  (b) in respect of operations to convert vineyards:  (1)OJ No L 94, 28.4.1970, p. 13. (2)OJ No L 295, 30.12.1972, p. 1.       - the number of hectares previously under vines no longer to be used for wine-growing after conversion and the number which are to be irrigated under the programme,           - location of these areas and a timetable of the work, particularly as regards the sequence of grubbing operations and of irrigation operations,           - evidence that wine-growing is not well established in these areas and that they are suitable for other crops,           - any incentives provided for the conversion of the areas referred to above, in the form of a single special grant ; the amount of this grant will be reduced from the third year onward,           - the nature and amount of public expenditure on irrigation operations and of the aid envisaged ; an estimate of the cost of this programme,           - the quantitative and qualitative objectives of these operations in the light of the existing situation;                  (c) the arrangements which will be made so that the Community's financial contribution towards investments relating to the processing and marketing of agricultural products, as provided for in Council Regulation (EEC) No 355/77 of 15 February 1977 on common measures to improve the conditions under which agricultural products are processed and marketed (1), as amended by Regulation (EEC) No 1361/78 (2), can be used in the first instance to promote improvements in the quality of wine production in the regions concerned and to promote crops produced in conversion areas;       (d) documented estimates of public expenditure in the regions concerned in the fields referred to under (a) and (b) showing the complementary nature of the Community participation.         2. Appropriate measures shall be taken by the French Republic to ensure that no public works are carried out for the irrigation of vineyards in the regions concerned. Derogations may be made in regions covered by the restructuring operations referred to in 1 (a), in accordance with the procedure laid down in Article 2 (3), provided that irrigation be restricted to a certain period of growth and be necessary for the production of a table wine of improved quality or of a "vin délimité de qualité supérieure" (VDQS) and to obtain a normal yield.   Article 4 1. The following expenditure incurred by the French Republic under the programme referred to in Article 2 shall be eligible for aid from the Guidance Section of the Fund:    - public expenditure on the restructuring of areas under vines, as referred to in Article 3 (1) (a) at a flat rate of 2 600 units of account per restructured hectare up to a maximum of 66 000 hectares including 44 000 hectares in the Languedoc-Roussillon region,       - expenditure on public hydraulic works, as referred to in Article 3 (1) (b) and not yet started, up to a maximum of 33 000 hectares, including 22 000 hectares in the Languedoc-Roussillon region,       - expenditure related to the special conversion grant referred to in the fourth indent of Article 3 (1) (b) provided that it does not exceed 2 000 units of account per converted hectare and is reduced by at least 10 % each year from the third year onward.         However, the expenditure incurred by the French Republic in the course of 1978 for the measures taken under Article 3 (1) (a) not coming within the framework of the programme referred to in Article 2 may be reimbursed.  2. The Fund, Guidance Section, shall reimburse to the French Republic 35 % of the eligible expenditure referred to in the first and second indents of paragraph 1 and 50 % of the eligible expenditure referred to in the third indent of that paragraph.  However, the amount of eligible expenditure referred to in the second indent of paragraph 1 may not exceed 2 000 units of account per irrigated hectare previously planted with vines.   Article 5 1. The duration of the measure shall be five years from the date of notification of this Directive.  2. The total estimated share of the cost of the common measure chargeable to the Fund shall be 105 million units of account for the entire period.   Article 6 When the programme referred to in Article 2 (3) is being approved, the Commission shall, in agreement with the French Republic, determine the manner in which it shall be kept informed of the progress of the programme. The French Republic shall at the same time  (1)OJ No L 51, 23.2.1977, p. 1. (2)OJ No L 166, 23.6.1978, p. 9.   designate the bodies responsible for technical execution of the programme.   Article 7 1. Requests for reimbursement shall relate to expenditure incurred by the French Republic during one calendar year and shall be presented to the Commission before 1 July of the following year.  2. Aid from the Fund shall be decided upon in accordance with Article 7 (1) of Regulation (EEC) No 729/70.  3. Advance payments may be granted by the Fund on the basis of the rules on financing adopted by the French Republic and in the light of the progress of the projects.  4. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 13 of Regulation (EEC) No 729/70.   Article 8 This Directive is addressed to the French Republic.     Done at Luxembourg, 19 June 1978.  For the Council  The President  P. DALSAGER


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31999L0079

Commission Directive 1999/79/EC of 27 July 1999 amending the third Commission Directive 72/199/EEC of 27 April 1972 establishing Community methods of analysis for the official control of feedingstuffs (Text with EEA relevance)

Official Journal L 209 , 07/08/1999 P. 0023 - 0027

COMMISSION DIRECTIVE 1999/79/ECof 27 July 1999amending the third Commission Directive 72/199/EEC of 27 April 1972 establishing Community methods of analysis for the official control of feedingstuffs(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 70/373/EEC of 20 July 1970 on the introduction of Community methods of sampling and analysis for the official control of feedingstuffs(1), as last amended by the Act of Accession of Austria, Finland and Sweden(2), and in particular Article 2 thereof,(1) Whereas Directive 70/373/EEC stipulates that official controls of feedingstuffs for the purpose of checking compliance with the requirements arising under the laws, regulations and administrative provisions governing their quality and composition must be carried out using Community methods of sampling and analysis;(2) Whereas the third Commission Directive 72/199/EEC of 27 April 1972 establishing Community methods of analysis for the official control of feedingstuffs(3), as last amended by Commission Directive 98/54/EC(4), sets out methods of analysis for, inter alia, the determination of starch by polarimetric method;(3) Whereas Commission Directive 86/174/EEC of 9 April 1986 fixing the method of calculation for the energy value of compound poultryfeed(5), stipulates that for the calculation of the energy value of compound poultry feed, in application of Article 10 Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs(6), as last amended by Commission Directive 1999/61/EC(7), the starch content must be determined by the polarimetric method as set out in Commission Directive 72/199/EEC;(4) Whereas Council Directive 96/25/EC of 29 April 1996 on the circulation of feed materials, amending Directives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and repealing Directive 77/101/EEC(8) as last amended by Directive 1999/61/EC requires the quantities of some analytical constituents, including starch, to be compulsorily declared on some feed materials;(5) Whereas in the light of the advances of scientific and technological knowledge, the polarimetric method is no longer appropriate to determine the starch content for other purposes than those of the above mentioned Commission and Council Directives; whereas therefore it is appropriate to limit the purpose and scope of the polarimetric method for the determination of starch;(6) Whereas some feed materials give rise to interferences, whereby the polarimetric method for the determination of starch could yield false results; whereas it is therefore appropriate to mention these feed materials explicitly;(7) Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Commission Directive 72/199/EEC is hereby amended in accordance with the Annex to this Directive.Article 2Member States shall bring into force, not later than 31 December 1999, the laws, regulations or administrative provisions necessary to comply with the provisions of this Directive. They shall immediately inform the Commission thereof.They shall apply the measures from 1 January 2000.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. Member States shall adopt the procedure for such reference.Article 3This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 27 July 1999.For the CommissionFranz FISCHLERMember of the Commission(1) OJ L 170, 3.8.1970, p. 2.(2) OJ C 241, 29.8.1994, p. 1.(3) OJ L 123, 29.5.1972, p. 6.(4) OJ L 208, 24.7.1998, p. 49.(5) OJ L 130, 16.5.1986, p. 53.(6) OJ L 86, 6.4.1979, p. 30.(7) OJ L 162, 26.6.1999, p. 67.(8) OJ L 125, 23.5.1996, p. 35.ANNEXSection 1 (Determinination of starch) is replaced by the following: "1. DETERMINATION OF STARCHPOLARIMETRIC METHOD1. Purpose and scopeThis method makes it possible to determine the levels of starch and of high molecular weight starch degradation products in feedingstuffs for the purpose of checking compliance with Commission Directive 86/174/EEC and Council Directive 96/25/EC.2. PrincipleThe method comprises two determinations. In the first, the sample is treated when hot with dilute hydrochloric acid. After clarification and filtration the optical rotation of the solution is measured by polarimetry.In the second, the sample is extracted with 40 % ethanol. After acidifying the filtrate with hydrochloric acid, clarifying and filtering, the optical rotation is measured as in the first determination.The difference between the two measurements, multiplied by a known factor, gives the starch content of the sample.3. Reagents3.1. 25 % (w/w) hydrochloric acid, d: 1,126 g/ml.3.2. 1,128 % (w/v) hydrochloric acid.The concentration must be checked by titration using a sodium hydroxide solution 0,1 mol/litre in the presence of 0,1 % (w/v) methyl red in 94 % (v/v) ethanol. 10 ml = 30.94 ml of NaOH 0.1 mol/lite.3.3. Carrez solution I: dissolve 21,9 g of zinc acetate>REFERENCE TO A GRAPHIC>and 3 g of glacial acetic acid in water. Make up to 100 ml with water.3.4. Carrez solution II: dissolve 10,6 g of potassium ferrocyanide>REFERENCE TO A GRAPHIC>in water. Make up to 100 ml with water.3.5. 40 % (v/v) ethanol, d : 0,948 g/ml at 20 °C.4. Apparatus4.1. 250 ml erlenmeyer flask with standard ground-glass joint and with reflux condenser.4.2. Polarimeter or saccharimeter.5. Procedure5.1. Preparation of the sampleCrush the sample until it is fine enough for all of it to pass through a 0,5 mm round-meshed sieve.5.2. Determination of the total optical rotation (P or S) (see observation 7.1)Weigh 2,5 g of the crushed sample to the nearest mg and place in a 100 ml graduated flask. Add 25 ml of hydrochloric acid (3.2), shake to obtain even distribution of the test sample and add a further 25 ml of hydrochloric acid (3.2). Immerse the flask in a boiling water bath shaking vigorously and steadily for the first three minutes to prevent the formation of agglomerates. The quantity of water in the water bath must be sufficient for the bath to remain at boiling point when the flask is introduced into it. The flask must not be taken out of the bath whilst being shaken. After exactly 15 minutes, remove from the bath, add 30 ml of cold water and cool immediately to 20 °C.Add 5 ml of Carrez solution I (3.3) and shake for one minute. Then add 5 ml of Carrez solution II (3.4) and shake again for one minute. Make up to volume with water, mix and filter. If the filtrate is not perfectly clear (which is rare), repeat the determination using a larger quantity of Carrez solutions I and II, for example 10 ml.Measure the optical rotation of the solution in a 200 mm tube with the polarimeter or saccharimeter.5.3. Determination of the optical rotation (P' or S') of substances soluble in 40 % ethanolWeigh 5 g of the sample to the nearest mg, place in a 100 ml graduated flask and add about 80 ml of ethanol (3.5) (see observation 7.2). Leave the flask to stand for 1 hour at room temperature; during this time, shake vigorously on six occasions so that the test sample is thoroughly mixed with the ethanol. Make up to volume with ethanol (3.5), mix and filter. Pipette 50 ml of the filtrate (= 2,5 g of the sample ) into a 250 ml erlenmeyer flask, add 2,1 ml of hydrochloric acid (3.1) and shake vigorously. Fit a reflux condenser to the erlenmeyer flask and immerse the latter in a boiling water bath. After exactly 15 minutes, remove the erlenmeyer flask from the bath, transfer the contents to a 100 ml graduated flask, rinsing with a little cold water, and cool to 20 °C. Clarify using Carrez solutions I (3.3) and II (3.4), make up to volume with water, mix, filter and measure the optical rotation as indicated in the second and third paragraphs of 5.2.6. Calculation of resultsThe starch content (%) is calculated as following:6.1. Measurement by polarimeter>REFERENCE TO A GRAPHIC>P= total optical rotation in angle degreesP'= optical rotation in angle degrees of the substances soluble in 40 % (V/V) ethanol>REFERENCE TO A GRAPHIC>=>TABLE>6.2. Measurement by saccharimeter>REFERENCE TO A GRAPHIC>S= total optical rotation in saccharimeter degreesS'= optical rotation in saccharimeter degrees of the substances soluble in 40 % (V/V) ethanolN= weight (g) of saccharose in 100 ml of water yielding an optical rotation of 100 saccharimeter degrees when measured using a 200 mm tube16,29 g for the French saccharimeters26,00 g for the German saccharimeters20,00 g for mixed saccharimeters.>REFERENCE TO A GRAPHIC>= specific optical rotation of pure starch (see 6.1)6.3. RepeatabilityThe difference between the results of two parallel determinations carried out on the same sample must not exceed 0,4 in absolute value for a starch content lower than 40 % and 1,1 % relative for starch contents equal or higher than 40 %7. Observations7.1. If the sample contains more than 6 % of carbonates, calculated in terms of calcium carbonate, they must be destroyed by treatment with an exactly appropriate quantity of dilute sulphuric acid before determination of the total optical rotation.7.2. In the case of products with a high lactose content, such as powdered milk serum or skimmed milk powder, proceed as follows after adding 80 ml of ethanol (3.5). Fit a reflux condenser to the flask and immerse the latter in a water bath at 50 °C for 30 minutes. Leave to cool and continue the analysis as indicated in 5.3.7.3. Following feed materials, in case they are present in significant amount in feedingstuffs, are known to give rise to interferences when determining the starch content by polarimetric method and whereby incorrect results could be yielded:- (sugar) beet products such as (sugar) beet pulp, (sugar) beet molasses, (sugar) beet pulp-molassed, (sugar) beet vinasse, (beet) sugar,- citrus pulp,- linseed; linseed expeller; linseed extracted,- rape seed; rape seed expeller; rape seed extracted; rape seed hulls,- sunflower seed; sunflower seed extracted; sunflower seed, partially decorticated, extracted,- copra expeller; copra extracted,- potato pulp,- dehydrated yeast,- products rich in inulin (e.g. chips and meal of Jerusalem artichokes);- greaves."


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31975L0405

Council Directive 75/405/EEC of 14 April 1975 concerning the restriction of the use of petroleum products in power stations

Official Journal L 178 , 09/07/1975 P. 0026 - 0027 Finnish special edition: Chapter 12 Volume 1 P. 0074  Greek special edition: Chapter 10 Volume 1 P. 0098  Swedish special edition: Chapter 12 Volume 1 P. 0074  Spanish special edition: Chapter 12 Volume 2 P. 0056  Portuguese special edition Chapter 12 Volume 2 P. 0056

COUNCIL DIRECTIVE  of 14 April 1975  concerning the restriction of the use of petroleum products in power stations  (75/405/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 103 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 the implementation of a Community energy policy is one of the objectives that the Communities have set themselves ; whereas security of supply is a priority of Community energy policy;  Whereas electricity is a form of energy vital to modern society and its contribution to the Community's total energy requirements is on the increase;  Whereas the security of electricity supplies in the Member States of the Community can be improved by limiting the use of petroleum products in power stations;  Whereas the construction and the conversion of power stations using exclusively or mainly oil products should therefore be subject to an authorization by the authorities of the Member States;  Whereas electricity can be produced economically from various sources of primary energy;  Whereas conventional power stations can be equipped with multi-firing boilers using two or more fuels, including coal,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. The contruction of new power stations which will use oil fuels exclusively or mainly as well as the conversion of existing power stations to burn such fuels exclusively or mainly shall be subject to prior authorization by the authorities of the Member State responsible for this power station.  2. Authorization may be granted only in the following cases:    - if the power station has a capacity of less than 10 MWe or is intended exclusively for the production of peak or reserve energy;       - if the petroleum products are used solely to ignite and to maintain the combustion of other products and if their total energy contribution remains small;       - if the petroleum fuel is a residual product that cannot be more efficiently employed for other purposes;       - if supplies of other fuels cannot be ensured or if their use cannot be considered for economic, technical or safety reasons;       - if special reasons relating to the protection of the environment necessitate the use of petroleum products in a power station.         3. Before granting authorization, the authorities of the Member States shall determine whether it is advisable, with a view to security of fuel supply, to equip the power station concerned for dual-firing, allowing the use of coal as a substitute fuel.   Article 2 Any authorization granted by a Member State pursuant to Article 1 shall be notified to the Commission, accompanied by a detailed statement of the reasons justifying the action taken.   Article 3 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1975 and shall inform the Commission thereof.  (1)OJ No C 125, 16.10.1974, p. 59. (2)OJ No C 93, 7.8.1974, p. 79.    Article 4 More stringent national measures restricting the use of petroleum products in power stations and conforming with the provisions of the Directive may be maintained or adopted.   Article 5 This Directive is addressed to the Member States.     Done at Brussels, 14 April 1975.  For the Council  The President  G. FITZGERALD


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31975L0404

Council Directive 75/404/EEC of 13 February 1975 on the restriction of the use of natural gas in power stations

Official Journal L 178 , 09/07/1975 P. 0024 - 0025 Greek special edition: Chapter 10 Volume 1 P. 0096  Spanish special edition: Chapter 12 Volume 2 P. 0054  Portuguese special edition Chapter 12 Volume 2 P. 0054

++++( 1 ) OJ NO C 93 , 7 . 8 . 1974 , P . 79 .  ( 2 ) OJ NO C 125 , 16 . 10 . 1974 , P . 58 .  COUNCIL DIRECTIVE OF 13 FEBRUARY 1975 ON THE RESTRICTION OF THE USE OF NATURAL GAS IN POWER STATIONS  ( 75/404/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 103 ( 4 ) 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 THE IMPLEMENTATION OF A COMMUNITY ENERGY POLICY IS ONE OF THE OBJECTIVES THAT THE COMMUNITIES HAVE SET THEMSELVES ;  WHEREAS THE SECURITY OF COMMUNITY ENERGY SUPPLIES REQUIRES THE DEVELOPMENT OF ALL ITS SOURCES OF ENERGY ;  WHEREAS NATURAL GAS IS ONE SUCH COMMUNITY SOURCE OF ENERGY , BUT QUANTITIES AVAILABLE ARE LIMITED ;  WHEREAS NATURAL GAS SHOULD BE RESERVED IN THE FIRST INSTANCE FOR THOSE APPLICATIONS FOR WHICH IT CAN BE MOST PROFITABLY USED ;  WHEREAS NATURAL GAS HAS GREAT ADVANTAGES FOR CERTAIN SPECIFIC USES ;  WHEREAS NATURAL GAS SHOULD CONSEQUENTLY BE CONVERTED INTO ELECTRICITY ONLY WHEN IT CANNOT BE USED FOR OTHER PURPOSES , OR IN CASES OF TECHNICAL OR ECONOMIC NECESSITY ;  WHEREAS SPECIAL REASONS RELATING TO THE PROTECTION OF THE ENVIRONMENT CAN , IN CERTAIN CASES , LIKEWISE NECESSITATE THE USE OF NATURAL GAS IN POWER STATIONS ;  WHEREAS THE MAIN ECONOMIC AND TECHNICAL REASONS FOR THE USE OF NATURAL GAS IN POWER STATIONS ARE THE FOLLOWING :  - THE QUANTITIES OF NATURAL GAS AVAILABLE CANNOT FOR THE MOMENT BE DISPOSED OF IN ANY OTHER WAY OWING TO THE ABSENCE OF A SUITABLE TRANSPORT AND DISTRIBUTION NETWORK ;  - THE QUANTITIES OF NATURAL GAS AVAILABLE CANNOT BE DISPOSED OF ON THE PREMIUM MARKET WITH THE NECESSARY REGULARITY ON ACCOUNT OF SEASONAL VARIATIONS IN SALES WHICH NECESSITATE THE CONCLUSION OF CONTRACTS PROVIDING FOR THE POSSIBILITY OF INTERRUPTING DELIVERIES ;  - THE AVAILABLE MEANS OF TRANSPORT CANNOT BE EXCLUSIVELY USED FOR SUPPLYING THE PREMIUM MARKET WHILE A NATURAL GAS DISTRIBUTION NETWORK IS BEING CONSTRUCTED ;  - NO FUELS OTHER THAN NATURAL GAS ARE AVAILABLE ;  WHEREAS THE CONCLUSION OF CONTRACTS FOR THE SUPPLY OF NATURAL GAS TO POWER STATIONS AND THE CONSTRUCTION OF NEW POWER STATIONS USING NATURAL GAS SHOULD FOR THOSE REASONS BE SUBJECT TO GOVERNMENT AUTHORIZATION ;  WHEREAS IT IS NECESSARY IN THE INTERESTS OF OPTIMUM ALLOCATION OF RESOURCES AND SECURITY OF SUPPLIES TO PREVENT THE USE OF NATURAL GAS BEING COVERED BY PROVISIONS WHICH DIFFER FROM ONE MEMBER STATE TO ANOTHER ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . THE CONCLUSION OF NEW CONTRACTS FOR THE SUPPLY OF NATURAL GAS TO POWER STATIONS , THE EXTENSION OF CONTRACTS UPON EXPIRY AND THE CONSTRUCTION OF NEW POWER STATIONS USING NATURAL GAS MUST BE SUBJECT TO PRIOR AUTHORIZATION BY THE AUTHORITIES OF THE MEMBER STATE RESPONSIBLE FOR THE POWER STATION CONCERNED .  2 . AUTHORIZATION FOR CONTRACTS PROVIDING FOR THE POSSIBILITY OF INTERRUPTIBLE DELIVERIES MAY BE GRANTED :  - IF THE USE OF NATURAL GAS IN A POWER STATION PROVES NECESSARY FOR TECHNICAL REASONS , OR  - IF THE NATURAL GAS CANNOT BE PUT TO A MORE PROFITABLE USE .  3 . AUTHORIZATION FOR CONTRACTS PROVIDING FOR UNINTERRUPTIBLE DELIVERIES MAY ONLY BE GRANTED :  - IF THE USE OF NATURAL GAS IN A POWER STATION PROVES NECESSARY FOR TECHNICAL REASONS ,  - IF THE NATURAL GAS IS INTENDED FOR USE IN A POWER STATION HAVING A CAPACITY OF LESS THAN 10 MWE OR IS INTENDED EXCLUSIVELY FOR THE PRODUCTION OF PEAK OR RESERVE ENERGY ,  - IF THE GAS IS USED SOLELY TO IGNITE AND TO MAINTAIN THE COMBUSTION OF OTHER PRODUCTS AND IF ITS TOTAL ENERGY CONTRIBUTION REMAINS SMALL , OR  - IF SPECIAL REASONS RELATING TO THE PROTECTION OF THE ENVIRONMENT NECESSITATE THE USE OF NATURAL GAS IN A POWER STATION .  4 . IN EXCEPTIONAL CASES WHICH ARE NOT COVERED BY PARAGRAPH 2 OR 3 THE USE OF NATURAL GAS IN A POWER STATION MAY BE AUTHORIZED , IN PARTICULAR FOR ECONOMIC REASONS , BY THE MEMBER STATES , WHO SHALL INFORM THE COMMISSION THEREOF .  ARTICLE 2  WHERE EXISTING CONTRACTS FOR THE SUPPLY OF NATURAL GAS DO NOT FULFIL THE CONDITIONS OF THE SECOND AND THIRD PARAGRAPHS OF ARTICLE 1 , MEMBER STATES SHALL ENCOURAGE THE CANCELLATION OF SUCH CONTRACTS BY MUTUAL AGREEMENT BETWEEN THE CONTRACTING PARTIES .  ARTICLE 3  ANY AUTHORIZATION GRANTED BY A MEMBER STATE PURSUANT TO ARTICLE 1 AND ANY MEASURES TAKEN PURSUANT TO ARTICLE 2 SHALL BE NOTIFIED TO THE COMMISSION , ACCOMPANIED BY A DETAILED STATEMENT OF THE REASONS JUSTIFYING THE ACTION TAKEN .  ARTICLE 4  MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE NOT LATER THAN 31 DECEMBER 1975 .  ARTICLE 5  MORE STRINGENT NATIONAL MEASURES RESTRICTING THE USE OF NATURAL GAS IN POWER STATIONS AND CONFORMING WITH THE PROVISIONS OF THIS DIRECTIVE MAY BE MAINTAINED OR ADOPTED .  ARTICLE 6  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 13 FEBRUARY 1975 .  FOR THE COUNCIL  THE PRESIDENT  P . BARRY


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31977L0082

Council Directive 77/82/EEC of 18 January 1977 on a derogation accorded to the Kingdom of Denmark relating to the rules governing turnover tax and excise duty applicable in international travel

Official Journal L 023 , 27/01/1977 P. 0050 - 0050 Greek special edition: Chapter 09 Volume 1 P. 0048

COUNCIL DIRECTIVE  of 18 January 1977  on a derogation accorded to the Kingdom of Denmark relating to the rules governing turnover tax and excise duty applicable in international travel  (77/82/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 100 thereof,  Having regard to the Act of Accession, and in particular Article 133 and Annex VII, part V (1) thereof,  Having regard to the proposal from the Commission,  Whereas Annex VII, part V (1), of the Act of Accession grants a derogation to Denmark relating to the application of certain provisions of Council Directive 69/169/EEC of 28 May 1969 on the harmonization of provisions laid down by law, regulation or administrative action relating to exemption from turnover tax and excise on imports in international travel (1), as amended by Directive 72/230/EEC (2);  Whereas, by Directive 76/134/EEC (3), the Council granted a prolongation of this derogation up to and including 31 December 1976;  Whereas the Danish Government has requested a further prolongation of this derogation;  Whereas a prolongation of the derogation has proved necessary,  HAS ADOPTED THIS DIRECTIVE:    Article 1 By way of derogation from Directives 69/169/EEC and 72/230/EEC, the Kingdom of Denmark shall have the right to maintain up to and including 31 December 1977 the rules in force for exemptions applicable to travellers involved in international travel for the products set out in Annex VII, part V (1) (a) of the Act of Accession.   Article 2 The Kingdom of Denmark shall communicate to the Commission the text of the measures which it adopts in the field covered by this Directive.   Article 3 This Directive is addressed to the Kingdom of Denmark.     Done at Brussels, 18 January 1977.  For the Council  The President  Anthony CROSLAND  (1)OJ No L 133, 4.6.1969, p. 6. (2)OJ No L 139, 17.6.1972, p. 28. (3)OJ No L 21, 29.1.1976, p. 9.


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31978L0669

Council Directive 78/669/EEC of 2 August 1978 amending Directive 71/305/EEC concerning the coordination of procedures for the award of public works contracts

Official Journal L 225 , 16/08/1978 P. 0041 - 0042 Greek special edition: Chapter 17 Volume 1 P. 0039  Spanish special edition: Chapter 17 Volume 1 P. 0074  Portuguese special edition Chapter 17 Volume 1 P. 0074

++++ ( 1 ) OJ N C 108 , 8 . 5 . 1978 , P . 56 .   ( 2 ) OJ N C 101 , 26 . 4 . 1978 , P . 28 .   ( 3 ) OJ N L 185 , 16 . 8 . 1971 , P . 5 .   ( 4 ) OJ N L 356 , 31 . 12 . 1977 , P . 1 .   ( 5 ) OJ N L 13 , 15 . 1 . 1977 , P . 1 .  COUNCIL DIRECTIVE  OF 2 AUGUST 1978  AMENDING DIRECTIVE 71/305/EEC CONCERNING THE COORDINATION OF PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS   ( 78/669/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 57 ( 2 ) , 66 AND 100 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,  WHEREAS COUNCIL DIRECTIVE 71/305/EEC OF 26 JULY 1971 CONCERNING THE COORDINATION OF PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS ( 3 ) LAYS DOWN A THRESHOLD IN UNITS OF ACCOUNT FOR DETERMINING THE ESTIMATED AMOUNT OF PUBLIC WORKS CONTRACTS FROM WHICH THE DIRECTIVE APPLIES ;  WHEREAS , IN ACCORDANCE WITH THE SAID DIRECTIVE , THE RATES USED FOR CONVERTING UNITS OF ACCOUNT INTO NATIONAL CURRENCIES WERE DEFINED BY REFERENCE TO THE GOLD PARITY UNIT OF ACCOUNT ; WHEREAS THE CONVERSION OF THE SAID THRESHOLD INTO NATIONAL CURRENCIES ON THE BASIS OF THIS DEFINITION DOES NOT REFLECT THE PRESENT VALUES OF THOSE CURRENCIES AND HAS , THEREFORE , PRODUCED DIFFERING EFFECTS IN THE VARIOUS MEMBER STATES ;  WHEREAS ARTICLE 10 OF THE FINANCIAL REGULATION OF 21 DECEMBER 1977 APPLICABLE TO THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES ( 4 ) DEFINES A EUROPEAN UNIT OF ACCOUNT REPRESENTING THE AVERAGE VARIATION IN VALUE OF THE CURRENCIES OF THE COMMUNITY MEMBER STATES ; WHEREAS THE EXCHANGE VALUE OF THIS UNIT OF ACCOUNT IN EACH OF THE CURRENCIES OF THE MEMBER STATES IS DETERMINED DAILY ; WHEREAS ITS USE FOR THE PURPOSE OF THE DIRECTIVE REQUIRES THAT A REFERENCE DATE BE FIXED ;  WHEREAS COUNCIL DIRECTIVE 77/62/EEC OF 21 DECEMBER 1976 COORDINATING PROCEDURES FOR THE AWARD OF PUBLIC SUPPLY CONTRACTS ( 5 ) EXPRESSES THE THRESHOLD FROM WHICH THAT DIRECTIVE SHALL APPLY IN EUROPEAN UNITS OF ACCOUNT ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  DIRECTIVE 71/305/EEC IS AMENDED AS FOLLOWS :  1 . ARTICLE 7 ( 1 ) SHALL BE REPLACED BY THE FOLLOWING :   " 1 . ( A ) THE PROVISIONS OF TITLES II , III AND IV AND ARTICLE 9 SHALL APPLY , UNDER THE CONDITIONS LAID DOWN IN ARTICLE 5 , TO PUBLIC WORKS CONTRACTS THE ESTIMATED VALUE OF WHICH NET OF VAT IS NOT LESS THAN 1 000 000 EUROPEAN UNITS OF ACCOUNT .   ( B ) THE EUROPEAN UNIT OF ACCOUNT SHALL BE THAT DEFINED BY ARTICLE 10 OF THE FINANCIAL REGULATION OF 21 DECEMBER 1977 APPLICABLE TO BE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES .   ( C ) THE EXCHANGE VALUE IN NATIONAL CURRENCY TO BE APPLIED SHALL BE THE AVERAGE OF THE DAILY VALUE OF THIS CURRENCY OVER THE PRECEDING 12 MONTHS , CALCULATED ON THE LAST DAY OF OCTOBER EVERY TWO YEARS , WITH EFFECT FROM THE FOLLOWING 1 JANUARY . THIS EXCHANGE VALUE , CALCULATED BY THE COMMISSION , SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES DURING THE FIRST DAYS OF NOVEMBER .   ( D ) THE METHOD OF CALCULATION LAID DOWN IN SUBPARAGRAPH ( C ) SHALL BE EXAMINED , ON THE COMMISSION'S INITIATIVE , WITHIN THE ADVISORY COMMITTEE FOR PUBLIC CONTRACTS TWO YEARS AFTER ITS INITIAL APPLICATION .   ( E ) THIS METHOD SHALL IN ANY EVENT BE REVIEWED ONCE THE COUNCIL HAS ACTED ON THE PROPOSAL FOR A REGULATION , SUBMITTED BY THE COMMISSION , APPLYING THE EUROPEAN UNIT OF ACCOUNT ( EUA ) TO THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES AND TO THE LEGAL ACTS ADOPTED BY THE INSTITUTIONS . "  2 . THE FOLLOWING FOOTNOTE SHALL BE ADDED : " ( 1 ) OJ N L 356 , 31 . 12 . 1977 , P . 1 " .  3 . IN ARTICLE 19 , THE WORDS " SUCH CONTRACT IS NOT LESS THAN 500 000 UNITS OF ACCOUNT " SHALL BE REPLACED BY " SUCH CONTRACT NET OF VAT IS NOT LESS THAN 500 000 EUROPEAN UNITS OF ACCOUNT " .  ARTICLE 2  MEMBER STATES SHALL ADOPT THE MEASURES 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 , 2 AUGUST 1978 .  FOR THE COUNCIL  THE PRESIDENT  K . VON DOHNANYI


title: Commission Directive 2009/5/EC of 30 January 2009 amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities (Text with EEA relevance)

text:
               31.1.2009

               EN

               Official Journal of the European Union

               L 29/45

      COMMISSION DIRECTIVE 2009/5/EC
   of 30 January 2009
   amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (1), and in particular Article 9(3) thereof,
   Whereas:

               (1)

               Directive 2006/22/EC contains in its Annex III an initial list of infringements of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (2) as well as Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (3).

               (2)

               Article 9(3) of Directive 2006/22/EC provides for the possibility to adapt that Annex with a view to establishing guidelines on a common range of infringements, divided into categories. The most serious infringements are to include those which create a serious risk of death or serious personal injury.

               (3)

               Providing further guidance on the categorisation of infringements is an important step towards ensuring legal certainty for undertakings and fairer competition between undertakings.

               (4)

               A harmonised categorisation of infringements is also desirable in order to provide a common basis for the risk rating systems which Member States have to introduce according to Article 9(1) of Directive 2006/22/EC. Based on these harmonised categories, the inclusion of infringements committed by a driver or an undertaking in other Member States than the Member State of establishment would be facilitated.

               (5)

               As a general rule, the categorisation of infringements should depend on their gravity and the possible consequences for road safety, as well as on the ability to control the driver’s and the undertaking’s compliance with the legislation.

               (6)

               The measures provided for in this Directive are in accordance with the opinion of the Committee set up by Article 18(1) of Regulation (EEC) No 3821/85,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex III to Directive 2006/22/EC is replaced by the text in the Annex to this Directive.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2009 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 30 January 2009.

            For the Commission

         Antonio TAJANI

            Vice-President

      (1)  OJ L 102, 11.4.2006, p. 35.

      (2)  OJ L 102, 11.4.2006, p. 1.

      (3)  OJ L 370, 31.12.1985, p. 8.

      ANNEX

            ‘ANNEX III
            Infringements
            In accordance with Article 9(3), the following table contains guidelines on a common range of infringements against Regulation (EC) No 561/2006 and Regulation (EEC) No 3821/85, divided into categories according to their gravity.
            1.   Groups of infringements against Regulation (EC) No 561/2006

                        No

                        Legal basis

                        Type of infringement

                        Level of seriousness (1)

                        VSI

                        SI

                        MI

                           A

                           Crew

                        A1

                        Art. 5.1

                        Not respecting minimum ages for drivers

                        X

                           B

                           Driving periods

                        B1

                        Art. 6.1

                        Exceed daily driving time of 9 h if possibilities to extend to 10 h not allowed

                        9 h<…<10 h

                        X

                        B2

                        10 h<…<11 h

                        X

                        B3

                        11 h<…

                        X

                        B4

                        Exceed extended daily driving time of 10 h if extension allowed

                        10 h<…<11 h

                        X

                        B5

                        11 h<…<12 h

                        X

                        B6

                        12 h<…

                        X

                        B7

                        Art. 6.2

                        Exceed weekly driving time

                        56 h<…<60 h

                        X

                        B8

                        60 h<…<70 h

                        X

                        B9

                        70 h<…

                        X

                        B10

                        Art. 6.3

                        Exceed accumulated driving time during 2 consecutive weeks

                        90 h<…<100 h

                        X

                        B11

                        100 h<…<112 h 30

                        X

                        B12

                        112 h 30<…

                        X

                           C

                           Breaks

                        C1

                        Art. 7

                        Exceed uninterrupted driving time

                        4 h 30<…<5 h

                        X

                        C2

                        5 h<…<6 h

                        X

                        C3

                        6 h<…

                        X

                           D

                           Rest periods

                        D1

                        Art. 8.2

                        Insufficient daily rest period of less than 11 h if reduced daily rest period not allowed

                        10 h<…<11 h

                        X

                        D2

                        8 h 30<…<10 h

                        X

                        D3

                        …<8 h 30

                        X

                        D4

                        Insufficient reduced daily rest period of less than 9 h if reduce allowed

                        8 h<…<9 h

                        X

                        D5

                        7 h<…<8 h

                        X

                        D6

                        …<7 h

                        X

                        D7

                        Insufficient split daily rest period of less than 3 h+9 h

                        3 h+(8 h<…<9 h)

                        X

                        D8

                        3 h+(7 h<…<8 h)

                        X

                        D9

                        3 h+(…<7 h)

                        X

                        D10

                        Art. 8.5

                        Insufficient daily rest period of less than 9 h for multi-manning

                        8 h<…<9 h

                        X

                        D11

                        7 h<…<8 h

                        X

                        D12

                        …<7 h

                        X

                        D13

                        Art. 8.6

                        Insufficient reduced weekly resting period of less than 24 h

                        22 h<…<24 h

                        X

                        D14

                        20 h<…<22 h

                        X

                        D15

                        …<20 h

                        X

                        D16

                        Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed

                        42 h<…<45 h

                        X

                        D17

                        36 h<…<42 h

                        X

                        D18

                        …<36 h

                        X

                           E

                           Types of payment

                        E1

                        Art. 10.1

                        Link between wage and distance travelled or amount of goods carried

                        X

            2.   Groups of infringements against Regulation (EEC) No 3821/85

                        No

                        Legal basis

                        Type of infringements

                        Level of seriousness (2)

                        VSI

                        SI

                        MI

                           F

                           Installation of recording equipment

                        F1

                        Art. 3.1

                        No type approved recording equipment installed and used

                        X

                           G

                           Use of recording equipment, driver card or record sheet

                        G1

                        Art. 13

                        Recording equipment not correctly functioning (for example: recording equipment not properly inspected, calibrated and sealed)

                        X

                        G2

                        Recording equipment improperly used (not using a valid driver card, voluntary abuse, …)

                        X

                        G3

                        Art. 14.1

                        Not carrying a sufficient number of record sheets

                        X

                        G4

                        Model of record sheet not approved

                        X

                        G5

                        Not carrying enough paper for printouts

                        X

                        G6

                        Art. 14.2

                        Undertaking not keeping record sheets, printouts and downloaded data

                        X

                        G7

                        Art. 14.4

                        Driver holding more than one valid driver card

                        X

                        G8

                        Art. 14.4

                        Use of driver card which is not the driver’s own valid card

                        X

                        G9

                        Art. 14.4

                        Use of defective or expired driver card

                        X

                        G10

                        Art. 14.5

                        Recorded and stored data not available for at least 365 days

                        X

                        G11

                        Art. 15.1

                        Use dirty or damaged sheets or driver cards and data legible

                        X

                        G12

                        Use dirty or damaged sheets or driver cards and data not legible

                        X

                        G13

                        Failure to apply for replacement of damaged, malfunctioning, lost or stolen driver card within 7 calendar days

                        X

                        G14

                        Art. 15.2

                        Incorrect use of record sheets/driver cards

                        X

                        G15

                        Unauthorised withdrawal of sheets or driver card which has an impact on the record of relevant data

                        X

                        G16

                        Unauthorised withdrawal of sheets or driver card without any impact on data recorded

                        X

                        G17

                        Record sheet or driver card used to cover a period longer than that for which it is intended but no data is lost

                        X

                        G18

                        Record sheet or driver card used to cover a period longer than that for which it is intended and data is lost

                        X

                        G19

                        Not using manual input when required to do so

                        X

                        G20

                        Not using correct sheet or driver card not in the correct slot (multi-manning)

                        X

                        G21

                        Art. 15.3

                        Time recorded on the sheet does not agree with official time of country of registration of the vehicle

                        X

                        G22

                        Incorrect use of switch mechanism

                        X

                           H

                           Fill in information

                        H1

                        Art. 15.5

                        Surname missing on record sheet

                        X

                        H2

                        First name missing on record sheet

                        X

                        H3

                        Date of begin or end of use of the sheet missing

                        X

                        H4

                        Place of begin or end of use of the sheet missing

                        X

                        H5

                        Registration number missing on record sheet

                        X

                        H6

                        Odometer reading (start) missing on record sheet

                        X

                        H7

                        Odometer reading (end) missing on record sheet

                        X

                        H8

                        Time of change of vehicle missing on record sheet

                        X

                        H9

                        Art. 15.5a

                        Symbol of country not entered in recording equipment

                        X

                           I

                           Producing information

                        I1

                        Art. 15.7

                        Refuse to be checked

                        X

                        I2

                        Art. 15.7

                        Unable to produce records of current day

                        X

                        I3

                        Unable to produce records of previous 28 days

                        X

                        I4

                        Unable to produce records of the driver card if the driver holds one

                        X

                        I5

                        Unable to produce manual records and printouts made during the current week and the previous 28 days

                        X

                        I6

                        Unable to produce driver card

                        X

                        I7

                        Unable to produce print outs made during the current week and the previous 28 days

                        X

                           J

                           Fraud

                        J1

                        Art. 15.8

                        Falsify, suppress, destroy data recorded on record sheets, stored in the recording equipment or on the driver card or print-outs from the recording equipment

                        X

                        J2

                        Manipulation of recording equipment, record sheet or driver card which may result in data and/or printouts information being falsified

                        X

                        J3

                        Manipulation device that could be used to falsify data and/or printouts information present on vehicle (switch/wire …)

                        X

                           K

                           Breakdown

                        K1

                        Art. 16.1

                        Not repaired by an approved fitter or workshop

                        X

                        K2

                        Not repaired en route

                        X

                           L

                           Manual input on printouts

                        L1

                        Art. 16.2

                        Driver not marking all information for the periods of time which are no longer recorded while recording equipment is unserviceable or malfunctioning

                        X

                        L2

                        Driver card number and/or name and/or driving licence number missing on temporary sheet

                        X

                        L3

                        Signature missing on temporary sheet

                        X

                        L4

                        Art. 16.3

                        Lost or theft of driver card not formally declared to the competent authorities of the Member State where the theft occurred

                        X

         (1)  VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement.

         (2)  VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement.’


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31979L1034

Council Directive 79/1034/EEC of 6 December 1979 amending Directive 79/116/EEC concerning minimum requirements for certain tankers entering or leaving Community ports

Official Journal L 315 , 11/12/1979 P. 0016 - 0016 Greek special edition: Chapter 07 Volume 2 P. 0110  Spanish special edition: Chapter 07 Volume 2 P. 0194  Portuguese special edition Chapter 07 Volume 2 P. 0194

COUNCIL DIRECTIVE  of 6 December 1979  amending Directive 79/116/EEC concerning minimum requirements for certain tankers entering or leaving Community ports  (79/1034/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,  Whereas it has proved necessary to make certain minor amendments of a technical nature to Council Directive 79/116/EEC of 21 December 1978 concerning minimum requirements for certain tankers entering or leaving Community ports (1),  HAS ADOPTED THIS DIRECTIVE:    Article 1 In Article 1 (1) of Directive 79/116/EEC the text of item A. (i) (g) shall be replaced by the following:  "(g) where chemicals are being transported in bulk, information on whether or not the vessel is in possession of a certificate of fitness under the terms of the IMCO code for the construction and equipment of ships carrying dangerous chemicals in bulk, or  where liquified gases are being transported in bulk, information on whether or not the vessel is in possession of a certificate of fitness under the terms of the IMCO code for the construction and equipment of ships carrying liquified gases in bulk".   Article 2 In the Annex to Directive 79/116/EEC the following entries shall be added to Section C: >PIC FILE= "T0015617">    Article 3 Member States shall bring into force, after consulting the Commission, the laws, regulations and administrative provisions necessary to implement this Directive as soon as possible, and in any case by 31 December 1980. They shall inform the Commission and the other Member States thereof.   Article 4 This Directive is addressed to Member States.     Done at Brussels, 6 December 1979.  For the Council  The President  L. PRETI  (1)OJ No L 33, 8.2.1979, p. 33.


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31985L0581

Council Directive 85/581/EEC of 20 December 1985 adapting, on account of the accession of Spain and Portugal, Directive 85/210/EEC on the approximation of the laws of the Member States concerning the lead content of petrol

Official Journal L 372 , 31/12/1985 P. 0037 - 0037 Spanish special edition: Chapter 13 Volume 19 P. 0052  Portuguese special edition Chapter 13 Volume 19 P. 0052  Finnish special edition: Chapter 15 Volume 7 P. 0087  Swedish special edition: Chapter 15 Volume 7 P. 0087

COUNCIL DIRECTIVE of 20 December 1985  adapting, on account of the accession of Spain and Portugal, Directive 85/210/EEC on the  approximation of the laws of the Member States concerning the lead content of petrol (85/581/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Act of Accession of  Spain and Portugal, and in particular Articles 27 and 396 thereof, Having regard to the proposal  from the Commission, Whereas, to take account of the accession of Spain and Portugal, Article 12  (2) of Directive 85/210/EEC (1) should be adapted; Whereas, by virtue of Article 2 (3) of the  Treaty of Accession, the institutions of the Communities may adopt, before accession, the measures  referred to in Article 396 of the Act, such measures entering into force subject to, and on the  date of, the entry into force of the said Treaty, HAS ADOPTED THIS DIRECTIVE:  Article 1In Article 12 (2) of Directive 85/210/EEC, '45 votes' shall be replaced by '54 votes'.  Article 2This Directive shall take effect on 1 January 1986, subject to the entry into force of  the Treaty of Accession of Spain and Portugal. Article 3This Directive is addressed to the Member  States. Done at Brussels, 20 December 1985. For the Council The President R.  KRIEPS                                                 (1)  OJ No L 96, 3. 4.  1985, p. 25.


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31974L0182

Seventh Commission Directive 74/182/EEC of 26 February 1974 amending the Annexes of the Council Directive of 23 November 1970 concerning additives in feedingstuffs

Official Journal L 094 , 04/04/1974 P. 0018 - 0018

++++SEVENTH COMMISSION DIRECTIVE  OF 26 FEBRUARY 1974  AMENDING THE ANNEXES OF THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS   ( 74/182/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO THE COUNCIL DIRECTIVE ( 1 ) OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS , AS LAST AMENDED BY THE SIXTH COMMISSION DIRECTIVE OF 26 FEBRUARY 1974 , IN PARTICULAR ARTICLE 6 ( 1 ) ( A ) THEREOF ;  WHEREAS THE PROVISIONS OF THE ABOVEMENTIONED DIRECTIVE PROVIDE FOR THE CONTENT OF THE ANNEXES TO BE CONSTANTLY AMENDED DUE TO THE DEVELOPMENT OF SCIENTIFIC AND TECHNICAL KNOWLEDGE ;  WHEREAS IT HAS BECOME APPARENT THAT DIMETRIDAZOLE AND METICLORPINDOL , CURRENTLY APPEARING IN ANNEX II AND WHICH THEREFORE MAY ONLY BE USED AT NATIONAL LEVEL ; CORRESPOND , IN ALL RESPECTS , TO THE PRINCIPLES GOVERNING THE AUTHORIZATION OF ADDITIVES AT COMMUNITY LEVEL ;  WHEREAS IT IS APPARENT THAT DIMETRIDAZOLE , CONTAINED AT PRESENT IN ANNEX II , MAY BE PERMITTED AT COMMUNITY LEVEL UNDER CERTAIN CONDITIONS ; WHEREAS CERTAIN USAGES OF THIS ADDITIVE SHOULD , NEVERTHELESS , BE STILL MAINTAINED AT NATIONAL LEVEL ;  WHEREAS IT IS THEREFORE NECESSARY TO AMEND THE ANNEXES OF THE ABOVEMENTIONED DIRECTIVE ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE ANNEXES TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS SHALL BE AMENDED AS STIPULATED IN THE FOLLOWING ARTICLES .  ARTICLE 2  THE FOLLOWING PROVISION SHALL BE ADDED TO ANNEX I PART D " COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES " :  EEC NO*ADDITIVES*CHEMICAL FORMULA , DESCRIPTION*SPECIES OF ANIMAL*MAXIMUM AGE*PPM OF COMPLETE FEEDINGSTUFFS*OTHER PROVISIONS*  *****MINIMUM CONTENT*MAXIMUM CONTENT**  E 754*DIMETRIDAZOLE*1,2-DIMETHYL-5-NITROIMIDAZOLE*TURKEYS GUINEA-FOUL**125*150*USE PROHIBITED FROM LAYING AGE ONWARDS AND AT LEAST THREE DAYS BEFORE SLAUGHTER RESPECTIVELY*  ARTICLE 3  THE FOLLOWING ASTERISK , REFERING TO ADDITIVE NO 2 , SHALL BE ADDED TO ANNEX II PART B " COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES " :   " (*) WITH THE EXCEPTION OF FEEDINGSTUFFS INTENDED FOR TURKEYS AND GUINEA-FOUL " .  ARTICLE 4  THE MEMBER STATES SHALL , NOT LATER THAN 1 JUNE 1974 , BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 5  THIS DIRECTIVE IS ADDRESSED TO ALL MEMBER STATES .  DONE AT BRUSSELS , 26 FEBRUARY 1974 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI  ( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .


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31976L0634

Council Directive 76/634/EEC of 22 July 1976 amending Directives 69/74/EEC, 69/75/EEC and 71/235/EEC on the harmonization of provisions laid down by law, regulation or administrative action relating respectively to customs warehousing procedure, free zones and to the usual forms of handling which may be carried out in customs warehouses and in free zones

Official Journal L 223 , 16/08/1976 P. 0017 - 0018 Greek special edition: Chapter 02 Volume 2 P. 0154  Spanish special edition: Chapter 02 Volume 3 P. 0073  Portuguese special edition Chapter 02 Volume 3 P. 0073

COUNCIL DIRECTIVE  of 22 July 1976  amending Directives 69/74/EEC, 69/75/EEC and 71/235/EEC on the harmonization of provisions laid down by law, regulation or administrative action relating respectively to customs warehousing procedure, free zones and to the usual forms of handling which may be carried out in customs warehouses and in free zones  (76/634/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 (2),  Whereas it is necessary to ensure uniform application of the common rules laid down by Directives 69/74/EEC (3) and 69/75/EEC (4), as amended by the Act of Accession (5), and by Directive 71/235/EEC (6) on the harmonization of provisions laid down by law, regulation or administrative action relating respectively to customs warehousing procedure, free zones and to the usual forms of handling which may be carried out in customs warehouses and in free zones ; whereas to this end a Community procedure should be established to enable detailed arrangements for the application of those rules to be adopted within appropriate time limits;  Whereas, in order to bring about close and effective cooperation between the Member States and the Commission in these fields, the terms of reference of the Committee for Customs Processing Arrangements set up by Article 26 of Council Directive 69/73/EEC of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing (7), as last amended by Directive 76/119/EEC (8), must be extended to include customs warehousing procedure, free zones, and the usual forms of handling which are carried out in such warehouses and zones,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The following Articles shall be inserted in Directive 69/74/EEC:    (a) "Article 11a  The Committee for Customs Processing Arrangements set up by Article 26 of Directive 69/73/EEC (2), as last amended by Directive 76/119/EEC (3), may examine any matter concerning the application of this Directive raised by its Chairman either on his own initiative or at the request of the representative of a Member State.   (2)OJ No L 58, 8.3.1969, p. 1.  (3)OJ No L 24, 30.1.1976, p. 58."     (b) "Article 11b  The provisions necessary for implementing Articles 5, 6, 8 and 10 (1) shall be adopted in accordance with the procedure laid down in Article 28 (2) and (3) of Directive 69/73/EEC.".       (c) "Article 11c   Member States shall lay down such provisions of law, regulation or administrative action as may be necessary to enable the competent authorities to apply the measures provided for in the  (1)OJ No C 79, 5.4.1976, p. 44. (2)OJ No C 131, 12.6.1976, p. 52. (3)OJ No L 58, 8.3.1969, p. 7. (4)OJ No L 58, 8.3.1969, p. 11. (5)OJ No L 73, 27.3.1972, p. 14. (6)OJ No L 143, 29.6.1971, p. 28. (7)OJ No L 58, 8.3.1969, p. 1. (8)OJ No L 24, 30.1.1976, p. 58.   provisions adopted in pursuance of Article 11b with effect from the date fixed by the latter provisions.".       Article 2 The following Articles shall be inserted in Directive 69/75/EEC:    (a) "Article 8a  The Committee for Customs Processing Arrangements set up by Article 26 of Directive 69/73/EEC (1), as last amended by Directive 76/119/EEC (2), may examine any matter concerning the application of this Directive raised by its Chairman either on his own initiative or at the request of the representative of a Member State.   (1)OJ No L 58, 8.3.1969, p. 1. (2)OJ No L 24, 30.1.1976, p. 58.".      (b) "Article 8b  The provisions necessary for implementing Articles 5, 6 and 8 shall be adopted in accordance with the procedure laid down in Article 28 (2) and (3) of Directive 69/73/EEC.".       (c) "Article 8c   Member States shall lay down such provisions of law, regulation or administrative action as may be necessary to enable the competent authorities to apply the measures provided for in the provisions adopted in pursuance of Article 8b with effect from the date fixed by the latter provisions.".       Article 3 The following Articles shall be inserted in Directive 71/235/EEC:    (a) "Article 5a  The Committee for Customs Processing Arrangements set up by Article 26 of Directive 69/73/EEC (1), as last amended by Directive 76/119/EEC (2), may examine any matter concerning the application of this Directive raised by its Chairman either on his own initiative or at the request of the representative of a Member State.   (1)OJ No L 58, 8.3.1969, p. 1. (2)OJ No L 24, 30.1.1976, p. 58.".      (b) "Article 5b  The provisions necessary for implementing Articles 4 and 5 shall be adopted in accordance with the procedure laid down in Article 28 (2) and (3) of Directive 69/73/EEC.".       (c) "Article 5c   Member States shall lay down such provisions of law, regulation or administrative action as may be necessary to enable the competent authorities to apply the measures provided for in the provisions adopted in pursuance of Article 5b with effect from the date fixed by the latter provisions.".        Article 4 This Directive is addressed to the Member States.     Done at Brussels, 22 July 1976.  For the Council  The President  L.J. BRINKHORST


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31985L0361

Twentieth Council Directive 85/361/EEC of 16 July 1985 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: derogations in connection with the special aids granted to certain farmers to compensate for the dismantlement of monetary compensatory amounts applying to certain agricultural products

Official Journal L 192 , 24/07/1985 P. 0018 - 0019

*****TWENTIETH  COUNCIL DIRECTIVE  of 16 July 1985  on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: derogations in connection with the special aids granted to certain farmers to compensate for the dismantlement of monetary compensatory amounts applying to certain agricultural products  (85/361/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Council Regulation (EEC) No 855/84 of 31 March 1984 on the calculation and dismantlement of the monetary compensatory amounts applying to certain agricultural products (4) provided for an adaptation of the representative rates which, in the case of the Federal Republic of Germany, must, on 1 January 1985, entail lower prices when expressed in national currency and consequently lower farm incomes; whereas, by way of compensation, the possibility of granting special national aids to which the Community would contribute on a temporary and degressive basis was provided for in that Regulation;  Whereas Article 3 of the said Regulation thus authorized Germany to grant a special aid, using value added tax as an instrument, of an amount not exceeding 3 % of the price excluding VAT paid by the purchaser of the agricultural product;  Whereas Council Decision 84/361/EEC of 30 June 1984 concerning an aid granted to farmers in the Federal Republic of Germany (5), authorized Germany to exceed this limit and to apply a percentage of 5 % for the period between 1 July 1984 and 31 December 1988; whereas, as a result, it is necessary that this Directive shall apply from 1 July 1984;  Whereas, however, the compensation thus granted should not exceed the effects of the dismantlement of monetary compensatory amounts;  Whereas the temporary and degressive nature of the consequences of the dismantlement of monetary compensatory amounts requires that the period for which the special aid of 3 % is to be granted should be limited to 31 December 1991;  Whereas it is necessary that Germany takes steps to ensure that the own resources relating to the transactions covered by this Directive are not affected by the application of this Directive;  Whereas, having regard to the purpose for which Germany has been authorized to grant the special aid, it is necessary for the measures taken in pursuance of that authorization and by virtue of this Directive to be reviewed and evaluated by the Commission; whereas this may conveniently be effected by means of an annual report to be presented to the European Parliament and the Council;  Whereas, in the framework of this Directive, the Commission is to fix, on the basis of the information provided by Germany and after consultation of the Advisory Committee on VAT Own Resources, the definitive amount of VAT own resources due by Germany relating to transactions covered by this Directive,  HAS ADOPTED THIS DIRECTIVE:  Article 1  By way of derogation from Directive 77/388/EEC, Germany is hereby authorized to use value added tax in order to grant the special aid permitted in Regulation (EEC) No 855/84 and Decision 84/361/EEC.  Article 2  1. Value added tax may be used as an instrument to grant the aid only within the limit of 3 % authorized in Article 3 of Regulation (EEC) No 855/84.  2. However, in accordance with Decision 84/361/EEC, the percentage referred to in paragraph 1 may be increased up to 5 % until 31 December 1988.  Article 3  Germany shall take the necessary steps to ensure that the own resources relating to the transactions covered by this Directive are not affected by the application of Articles 1 and 2.  Article 4  The Commission shall draw up a report each year on the operation of the aid mechanism during the previous year, which shall be submitted to the European Parliament and the Council by 1 March of the following year at the latest; the report should contain details of the measures taken by Germany and their implementation, having particular regard to the objectives pursued in setting up the aid mechanism, fiscal neutrality and the effects of the measures on the Community's own resources.  Article 5  On the basis of the information to be provided by Germany, and after consultation of the Advisory Committee on VAT Own Resources, the Commission shall decide the definitive amount of VAT own resources due by Germany relating to the transactions coverd by this Directive. For this purpose, a special deadline appropriate to this procedure shall be adopted by appropriate amendments of the general rules concerning own resources.  Article 6  Germany shall communicate to the Commission details of the measures which it adopts for the application of this Directive.  Article 7  This Directive shall be applicable with effect from 1 July 1984 until 31 December 1991 at the latest.  Article 8  This Directive is addressed to the Federal Republic of Germany.  Done at Brussels, 16 July 1985.  For the Council  The President  M. FISCHBACH  (1) OJ No C 214, 14. 8. 1984, p. 8 and OJ No C 131, 30. 5. 1985, p. 12.  (2) OJ No C 122, 20. 5. 1985, p. 152.  (3) OJ No C 307, 19. 11. 1984, p. 33.  (4) OJ No L 90, 1. 4. 1984, p. 1.  (5) OJ No L 185, 12. 7. 1984, p. 41.


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31981L0857

Council Directive 81/857/EEC of 19 October 1981 adapting, consequent upon the accession of Greece, Directive 80/779/EEC on air quality limit values and guide values for sulphur dioxide and suspended particulates

Official Journal L 319 , 07/11/1981 P. 0018 - 0018 Spanish special edition: Chapter 15 Volume 3 P. 0077  Portuguese special edition Chapter 15 Volume 3 P. 0077  Finnish special edition: Chapter 15 Volume 3 P. 0162  Swedish special edition: Chapter 15 Volume 3 P. 0162

COUNCIL DIRECTIVE of 19 October 1981 adapting, consequent upon the accession of Greece, Directive 80/779/EEC on air quality limit values and guide values for sulphur dioxide and suspended particulates (81/857/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas, to take account of the accession of Greece to the European Communities, Article 14 (2) of Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates (2) should be adapted;  Whereas, pursuant to the first paragraph of Article 198 of the Treaty, the Council consulted the Economic and Social Committee on the proposal from the Commission ; whereas the Committee was not in a position to submit its opinion within the time limit set by the Council ; whereas under the second paragraph of Article 198 of the Treaty the absence of an opinion shall not prevent the Council from taking further action ; whereas, having regard to the desirability of the rapid adoption of the required amendments, the Council considers it necessary to avail itself of this possibility,  HAS ADOPTED THIS DIRECTIVE:    Article 1 In Article 14 (2) of Directive 80/779/EEC, "41 votes" shall be replaced by "45 votes".   Article 2 This Directive shall take effect on 1 January 1981.   Article 3 This Directive is addressed to the Member States.     Done at Luxembourg, 19 October 1981.  For the Council  The President  P. WALKER   (1) OJ No C 144, 15.6.1981, p. 37.  (2) OJ No L 229, 30.8.1980, p. 30.


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31986L0083

Council Directive 86/83/EEC of 25 February 1986 amending, on account of the accession of Spain and Portugal, Directive 76/630/EEC concerning surveys of pig production to be carried out by Member States

Official Journal L 077 , 22/03/1986 P. 0031 - 0031

*****COUNCIL  DIRECTIVE  of 25 February 1986  amending, on account of the accession of Spain and Portugal, Directive 76/630/EEC concerning surveys of pig production to be carried out by Member States  (86/83/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Act of Accession of Spain and Portugal, and in particular Article 396 thereof,  Having regard to the proposal from the Commission,  Whereas Directive 76/630/EEC (1), as last amended by Regulation (EEC) No 3768/85 (2), provided for surveys of pig production to be carried out by the Member States;  Whereas, on account of the accession of Spain and Portugal, certain technical amendments should be made to that Directive and, in particular, the Community's financial contribution to the expenses incurred by the new Member States for the surveys to be carried out in 1986, 1987 and 1988 should be defined;  Whereas, in accordance with the conclusions of the Negotiating Conference, special arrangements should be made for Portugal owing to the technical problems to be overcome in connection with the implementation of the surveys,  HAS ADOPTED THIS DIRECTIVE:  Article 1  With effect from 1 March 1986 Directive 76/630/EEC shall be amended as follows:  1. the following subparagraph shall be added to Article 1:  'Portugal shall carry out the first survey at the beginning of December 1986. In the autonomous region of Madeira only, the results of the survey to be carried out in December 1986 shall be obtained from an analysis of the agricultural survey to be carried out there in the same year in accordance with Council Regulation (EEC) No 1463/84 of 24 May 1984 on the organization of surveys on the structure of agricultural holdings for 1985 and for 1987 (2), as amended by Regulation (EEC) No 3768/85 (3).  (2) OJ No L 142, 29. 5. 1984, p. 3.  (3) OJ No L 362, 31. 12. 1985, p. 8.';  2. the following subparagraph shall be added to Article 4 (1):  'By way of derogation from the first subparagraph, in the Portuguese autonomous regions of the Azores and Madeira only, the surveys to be carried out in April and August 1987 and 1988 may be limited to the calculation of the total pig population.';  3. the following Article shall be inserted:  'Article 13a  The expenses necessarily incurred by the Kingdom of Spain and the Portuguese Republic in carrying out the survey provided for by this Directive in 1986, 1987 and 1988 shall be charged as a flat-rate sum to the budget of the European Communities.'  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 25 February 1986.  For the Council  The President  G. BRAKS  (1) OJ No L 223, 16. 8. 1976, p. 4.  (2) OJ No L 362, 31. 12. 1985, p. 8.