Avis juridique important

|

31964L0428

Council Directive 64/428/EEC of 7 July 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self- employed persons in mining and quarrying (ISIC Major Groups 11-19)

Official Journal 117 , 23/07/1964 P. 1871 - 1880 Finnish special edition: Chapter 6 Volume 1 P. 0025  Danish special edition: Series I Chapter 1963-1964 P. 0142  Swedish special edition: Chapter 6 Volume 1 P. 0025  English special edition: Series I Chapter 1963-1964 P. 0151  Greek special edition: Chapter 06 Volume 1 P. 0041  Spanish special edition: Chapter 06 Volume 1 P. 0046  Portuguese special edition Chapter 06 Volume 1 P. 0046

COUNCIL DIRECTIVE of 7 July 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in mining and quarrying (ISIC Major Groups 11-19) (64/428/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (2) and (3) and 63 (2) and (3) thereof;  Having regard to the General Programme for the abolition of restrictions on freedom of establishment, 1 and in particular Title IV A thereof;  Having regard to the General Programme for the abolition of restrictions on freedom to provide services, 2 and in particular Title V C thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 3;  Having regard to the Opinion of the Economic and Social Committee 4;  Whereas the General Programmes provide for the introduction of freedom of establishment and freedom to provide services in mining and quarrying by the end of the second year of the second stage ; whereas what is involved is the right to take up and pursue activities relating to mineral production ; whereas effective liberalisation of the activities covered by this Directive requires liberalisation of the sale of their products by the industries in question, including retail sales, but in such a way as to avoid causing any disturbance of the conditions of competition in retail trade, which is to be liberalised under a later Directive;  Whereas wholesale trade activities in respect of such products have been liberalised by another Directive, with the exception, however, of wholesale trade in coal, which for the time being is excluded from liberalisation;  Whereas, since the adoption of the General Programmes, the EEC has drawn up its own nomenclature of industrial activities, entitled "Nomenclature of Industries in the European Communities" (NICE) ; whereas this nomenclature, which contains references to national nomenclatures, is, while following the same decimal classification, better adapted to the needs of the Member States of the Community than the ISIC nomenclature (International Standard Industrial Classification of all Economic Activities) ; whereas the NICE nomenclature should therefore be used for the classification of the activities to be liberalised in cases where a Directive covers a large number of activities and it is necessary, in order to facilitate implementation of the Directive in question, to list such activities in detail, provided that this will not have the effect of altering the timetable laid down in the General Programmes, which was drawn up on the basis of the ISIC nomenclature ; whereas in the present case adoption of the NICE nomenclature cannot have such effect;  Whereas the Treaty establishing the European Coal and Steel Community contains no provisions regarding freedom of establishment or freedom to provide services ; whereas, therefore, liberalisation of the activities covered by this Directive comes entirely under the provisions of the Treaty establishing the European Economic Community;  Whereas the General Programme for the abolition of restrictions on freedom of establishment provides that restrictions on the right to join professional or trade organisations must be abolished where the professional activities of the person concerned necessarily involve the exercise of this right;  Whereas, for the purposes of applying measures concerning right of establishment and freedom to 1 OJ No 2, 15.1.1962, p. 36/62.  2 OJ No 2, 15.1.1962, p. 32/62.  3 OJ No 182, 12.12.1963, p. 2898/63.  4 OJ No 117, 23.7.1964, p. 1878/64.   provide services, companies or firms are to be treated in the same way as natural persons who are nationals of Member States, subject only to the conditions laid down in Article 58 and, where necessary, to the condition that there should exist a real and continuous link with the economy of a Member State ; whereas therefore no company or firm may be required, in order to obtain the benefit of such measures, to fulfil any additional condition, and in particular no company or firm may be required to obtain any special authorisation not required of a domestic company or firm wishing to pursue a particular economic activity ; whereas, however, such uniformity of treatment should not prevent Member States from requiring that a company having a share capital should operate in their countries under the description by which it is known in the law of the Member State under which it is constituted, and that it should indicate the amount of its subscribed capital on the business papers which it uses in the host Member State;  Whereas the position of paid employees accompanying a person providing services or acting on his behalf will be governed by the provisions laid down in pursuance of Articles 48 and 49 of the Treaty;  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States shall abolish, in respect of the natural persons and companies or firms covered by Title I of the General Programmes for the abolition of restrictions on freedom of establishment and freedom to provide services (hereinafter called "beneficiaries"), the restrictions referred to in Title III of those General Programmes affecting the right to take up and pursue the activities specified in Article 2 of this Directive.   Article 2 1. The provisions of this Directive shall apply to activities of self-employed persons in the mining and quarrying industries, as listed within Major Groups 11-19 in Annex I to the General Programme for the abolition of restrictions on freedom of establishment.  Such activities correspond to those listed within Major Groups 11-19 of the Nomenclature of Industries in the European Communities (NICE), which takes into account the particular structure of the European mining and quarrying industries ; the activities in question are set out in the Annex to this Directive.  2. The activities in question are those whose purpose is the extraction of minerals which occur in nature as solids, liquids or gases. They include the working of underground and open-cast mines, quarries and oil wells and all related operations necessary for dressing and enriching ores and other crude minerals, such as breaking, crushing, washing, cleaning and grading, where such operations are carried out by an undertaking whose main activity is the extraction of minerals. Such activities include exploration for minerals and preparation of sites before extraction.  3. The provisions of this Directive shall apply also to the sale of their own products, whether wholesale or retail, by producers. However, where activities of self-employed persons in respect of trade of the products in question have not been liberalised by other Directives, such activities shall be restricted to selling in a single establishment in the country of production.   Article 3 In accordance with the General Programmes the provisions of this Directive shall not apply to prospecting and drilling activities in respect of crude oil and natural gas where such activities are not carried out by the holder of the production licence.   Article 4 1. Member States shall in particular abolish the following restrictions:    (a) those which prevent beneficiaries from establishing themselves or providing services in the host country under the same conditions and with the same rights as nationals of that country;       (b) those existing by reason of administrative practices which result in treatment being applied to beneficiaries that is discriminatory in comparison with that applied to nationals;       (c) those which, as a result of rules or practices, prevent beneficiaries from being granted licences or authorisations, or subject beneficiaries to restrictions or to conditions imposed on them alone;       (d) those which exclude beneficiaries from pursuing an activity within a professional or trade organisation.         2. The restrictions to be abolished shall include in particular those arising out of measures which prevent or limit establishment or provision of services by beneficiaries by the following means:    (a) in the Federal Republic of Germany      - the requirement that, for the purpose of soliciting in person the custom of other persons in connection with their business activities, a  person shall hold an itinerant trader's card (Reisegewerbekarte) (Gewerbeordnung, paragraph 55d ; Verordnung of 30 November 1960);           - the requirement that any foreign legal person wishing to pursue professional or trade activities on Federal territory must obtain special authorisation (Gewerbeordnung, paragraph 12 ; Aktiengesetz, paragraph 292);                  (b) in Belgium  - the obligation to hold a carte professionelle (Arrêté royal No 62 of 16 November 1939 and Arrêté ministériel of 17 December 1945);       (c) in France      - the requirement that any person wishing to pursue an activity in the extractive industries shall hold a carte d'identité d'étranger commerçant (Décret-loi of 12 November 1938, Décret of 2 February 1939);           - the requirement, in connection with the grant of a mining licence for substances other than solid mineral fuels and potassium salts, that the following persons be of French nationality;        (i) the chairman of the Board of Directors (Conseil d'administration), the managing director (Directeur général), the auditors (Commissaires aux comptes) and at least two-thirds of the members of the Board of Directors, in the case of a société anonyme;               (ii) the managers (gérants) and two-thirds of the members of the Supervisory Board (Conseil de surveillance), in the case of a société en commandite par actions;               (iii) the managers (gérants) and those members who are personally liable as managers (associés en nom), in the case of a société en commandite simple;               (iv) all the members, in the case of a société en nom collectif;               (v) the member-managers (associés-gérants) and at least two-thirds of the members of the Supervisory Board (Conseil de surveillance), in the case of a société à responsabilité limité ; all the members where there is no Supervisory Board;                                 - the requirement that persons authorised to sign on behalf of the above companies or firms be of French nationality;           - the requirement that, subject to any exception authorised by décret, all commercial companies or firms holding any licence or sublicence be formed under French law (Décret of 6 October 1955 - No 55-1349 ; Décret of 17 July 1956 - No 56-715, Articles 25 et seq. of the Code minier);                 (d) in Italy  - the requirement that persons wishing to bid in open competition for exploitation rights in respect of oil or natural gas shall, in the case of natural persons, be of Italian nationality or, in the case of companies or firms, have their registered office (sede sociale) in Italy (Law No 6 of 11 January 1957, Article 2).          Article 5 No Member State shall grant to any of its nationals who go to another Member State for the purpose of pursuing any activity referred to in Article 2 any aid liable to distort the conditions of establishment.   Article 6 1. Where a host Member State requires of its own nationals wishing to take up any activity referred to in Article 2 proof of good repute and proof that they have not previously been declared bankrupt, or proof of either one of these, that State shall accept as sufficient evidence, in respect of nationals of other Member States, the production of an extract from the "judicial record" or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the country of origin or the country whence the foreign national comes showing that these requirements have been met.  2. Where the country of origin or the country whence the foreign national comes does not issue such documentary proof of no previous bankruptcy, such proof may by replaced by a declaration on oath made by the person concerned before a judicial or administrative authority, a notary, or a compentent professional or trade body, in the country of origin or in the country whence that person comes.  3. Documents issued in accordance with paragraph 1 or with paragraph 2 may not be produced more than three months after their date of issue.  4. Member States shall, within the time limit laid down in Article 7, designate the authorities and bodies competent to issue these documents and shall forthwith inform the other Member States and the Commission thereof.   5. Where the issue of any authorisation is subject to proof of technical competence, the host Member State in question shall take account of work performed outside its territory as if it were work performed within its territory.  Similarly, where in the host country proof of financial standing is required, that State shall regard certificates issued by banks in the country of origin or in the country whence the foreign national comes as equivalent to certificates issued in its own territory.   Article 7 Member States shall adopt the measures necessary to comply with the provisions of this Directive within six months of its notification and shall forthwith inform the Commission thereof.   Article 8 This Directive is addressed to the Member States.     Done at Brussels, 7 July 1964.  For the Council  The President  Kurt SCHMÜCKER    ANNEX >PIC FILE= "T0019372">


title: Council Directive of 2 October 1974 on the level of the interest rate subsidy referred to in article 8 (2) of Directive No 72/159/EEC

text:
3. 10. 74                          Official Journal of the European Communities                            No L 268/ 15
                                                            II
                                      (Acts whose publication is not obligatory)
                                                   COUNCIL
                                               COUNCIL DIRECTIVE
                                                   of 2 October 1974
               on the level of the interest rate subsidy referred to in Article 8 (2) of Directive
                                                    No 72/ 159/ EEC
                                                      (74/493/EEC)
THE COUNCIL OF THE EUROPEAN                                    eligible for assistance from the Guidance Section of
COMMUNITIES,                                                   the European Agricultural Guidance and Guarantee
                                                               Fund,
Having regard to the Treaty establishing the European
Economic Community ;
                                                               HAS ADOPTED THIS DIRECTIVE :
Having       regard    to   Council      Directive     No
72/ 159/EEC (*) of 17 April 1972 on the moderniza
tion of farms, and in particular the first indent of the                                Article 1
second subparagraph of Article 8 (2) and the second            Member States shall be authorized to increase to 6% ,
subparagraph of Article 19 ( 1 ) thereof ;
                                                               for the period from 7 October 1974 to 31 December
Having regard to the proposal from the Commission ;            1975, the interest rate subsidies referred to in the first
Having regard to the Opinion of the European Parlia           subparagraph of Article 8 (2) of Directive No
                                                               72/ 159/EEC.
ment ;
Whereas the first indent of the second subparagraph                                     Article 2
of Article 8 (2) of Directive No 72/ 159/EEC provides
that Member States may be authorized to grant                  Expenditure incurred by Member States pursuant to
interest rate subsidies exceeding 5% , if such action is       Article 1 shall be eligible for assistance from the Guid
warranted by the situation of the capital market in the        ance Section of the EAGGF under the first subpara
Member States ;                                                graph of Article 19 (3) of Directive No 72/ 159/EEC.
Whereas the current situation of the capital market in                                  Article 3
the Member States, and the exceptional burdens this
is placing on farmers wishing to modernize their               This Directive is addressed to the Member States.
farms, is threatening the modernization of agriculture
which last is the aim of Directive No 72/ 159/EEC ;
whereas the granting of interest rate subsidies                Done at Luxembourg, 2 October 1974.
exceeding 5% is therefore justified ;
                                                                                For the Council
Whereas under the second subparagraph of Article 19
(1 ) of Directive No 72/ 159/EEC, any increased expen                                         The President
diture incurred by Member States as a result of an
inciease in the interest rates subsidy may be declared                                         Ch . BONNET
0) OJ No L 96, 23. 4. 1972, p. 1 .


Avis juridique important

|

31991L0660

Commission Directive 91/660/EEC of 6 December 1991 amending Directive 88/272/EEC amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products

Official Journal L 363 , 31/12/1991 P. 0039 - 0039

COMMISSION DIRECTIVE  of 6 December 1991  amending Directive 88/272/EEC amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products   (91/660/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (1), as last amended by Commission Directive 91/27/EEC (2), and in  particular the second indent of Article 13 (2) thereof,  Having regard to the requests made by Greece, Spain, France, Ireland, Italy, Portugal and the United Kingdom,  Whereas Directive 77/93/EEC laid down protective measures against the introduction into the Member States of organisms harmful to plants or plant products; whereas those measures include measures to be taken by Member States in respect of plants, plant  products and other objects coming from third countries;  Whereas certain Member States have stricter measures in respect of those plants and plant products;  Whereas those stricter measures include, in the requesting Member States, certain restrictions applicable to certain products originating in a third country;  Whereas, by Commission Directive 88/272/EEC (3), the Annexes to Directive 77/93/EEC were amended so that the Member States concerned could also impose the relevant restrictions where the products concerned, originating in a third country, come from  other Member States; whereas these amendments were only interim protective measures for a limited period to enable the Commission to study the phytosanitary basis of the restrictions case by case;  Whereas it appeared impossible to finalize this study within the limited period originally allowed by Directive 88/272/EEC;  Whereas Commission Directive 90/113/EEC (4) extended the said period for one year, namely until the end of 1990 and Commission Directive 91/102/EEC (5) extended the said period for a further year, namely until the end of 1991;  Whereas it appears impossible to finalize this study despite the two-year extension to the original period; whereas this period should be further extended accordingly;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Article 4 of Directive 88/272/EEC, '31 December 1991' is replaced by '31 December 1992'.  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  Article 3  This Directive is addressed to the Member States. Done at Brussels, 6 December 1991. For the Commission  Ray MAC SHARRY  Member of the Commission   (1) OJ No L 26, 31. 1. 1977, p. 20. (2) OJ No L 16, 22. 1. 1991, p. 29. (3) OJ No L 116, 4. 5. 1988, p. 19. (4) OJ No L 67, 15. 3. 1990, p. 51. (5) OJ No L 52, 27. 2. 1991, p. 50.


Avis juridique important

|

31989L0370

Council Directive 89/370/EEC of 8 June 1989 amending Directive 83/129/EEC concerning the importation into Member States of skins of certain seal pups and products derived therefrom

Official Journal L 163 , 14/06/1989 P. 0037 - 0037

*****COUNCIL  DIRECTIVE  of 8 June 1989  amending Directive 83/129/EEC concerning the importation into Member States of skins of certain seal pups and products derived therefrom  (89/370/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Directive 83/129/EEC (1), as amended y Directive 85/444/EEC (2), and in particular Article 2 thereof,  Having regard to the proposal from the Commission,  Whereas Directive 83/129/EEC provides that Member States shall take or maintain all necessary measures to ensure that the products listed in the Annex thereto are not commercially imported into their territories;  Whereas Directive 83/129/EEC expires on 1 October 1989;  Whereas the European Parliament has adopted a written declaration calling for an indefinite extension of Directive 83/129/EEC;  Whereas the negative consequences to be expected from the expiry of Directive 83/129/EEC should, in the interest of all parties concerned, be avoided;  Whereas an extension of Directive 83/129/EEC is a useful complementary measure to the measure of the Canadian Government to end all commercial hunting of whitecoats and blue backs;  Whereas there are increasing doubts with regard to the effects of non-traditional hunting on the conservation of harp seals in the East Atlantic, the Barents Sea and the White Sea, where they are, in addition to hunting, also affected by the depletion of prey fish species and entanglement in nets along the Norwegian coast;  Whereas the Commission submitted a report to the Council on 26 August 1983, followed by a supplementary report on 14 June 1985;  Whereas the Commission submitted a further report to the Council on 24 March 1988;  Whereas Directive 83/129/EEC should be amended so that it remains applicable sine die,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Article 2 of Directive 83/129/EEC is hereby replaced by the following:  'Article 2  This Directive shall apply from 1 October 1983.'  Article 2  This Directive is addressed to the Member State.  Done at Luxembourg, 8 June 1989.  For the Council  The President  J. L. SAENZ COSCULLUELA  (1) OJ No L 91, 9. 4. 1983, p. 30.  (2) OJ No L 259, 1. 10. 1985, p. 70.


Avis juridique important

|

31975L0267

Eleventh Commission Directive 75/267/EEC of 24 April 1975 amending the Annexes to the Council Directive of 23 November 1970 concerning additives in feedingstuffs

Official Journal L 118 , 08/05/1975 P. 0045 - 0047 Greek special edition: Chapter 03 Volume 12 P. 0089

++++( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 2 ) OJ NO L 19 , 24 . 1 . 1975 , P . 58 .  ELEVENTH COMMISSION DIRECTIVE OF 24 APRIL 1975 AMENDING THE ANNEXES TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS  ( 75/267/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 ( 1 ) CONCERNING ADDITIVES IN FEEDINGSTUFFS , AS LAST AMENDED BY THE TENTH COMMISSION DIRECTIVE OF 20 DECEMBER 1974 ( 2 ) AND IN PARTICULAR ARTICLE 6 ( 1 ) ( A ) THEREOF ;  WHEREAS THE ABOVEMENTIONED DIRECTIVE PROVIDES FOR THE CONTENT OF THE ANNEXES TO BE SUBJECT TO CONSTANT REVISION IN THE LIGHT OF THE DEVELOPMENT OF SCIENTIFIC AND TECHNICAL KNOWLEDGE ;  WHEREAS THE ANTIBIOTIC BACITRACIN-METHYLENE-DISALICYLATE AND ALSO A NEW USE OF ZINC-BACITRACIN HAVE BEEN SUCCESSFULLY INVESTIGATED IN CERTAIN MEMBER STATES ; WHEREAS IT IS DESIRABLE TO AUTHORIZE THESE SUBJECT TO CERTAIN CONDITIONS , AT LEAST AT NATIONAL LEVEL UNTIL THEY ARE PERMITTED AT COMMUNITY LEVEL ;  WHEREAS IT IS DESIRABLE FOR THE SAME REASONS TO AUTHORIZE , SUBJECT TO CERTAIN CONDITIONS , AT NATIONAL LEVEL THE COCCIDIOSTAT 3,5-DINITROSALICYLIC ACID ( 5-NITROFURFURYLIDENE ) HYDRAZIDE AND ALSO SOME DEFINED MIXTURES OF CERTAIN COCCIDIOSTATS ALREADY INCLUDED IN ANNEXES I OR II TO THE 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  ANNEX II TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS IS AMENDED AS FOLLOWS :  I . PART A " ANTIBIOTICS "  1.1 . ITEM NO 15 " ZINC-BACITRACIN " IS AMENDED BY THE ADDITION OF THE FOLLOWING :  ( SEE O.J . NO L 118 OF 8 . 5 . 75 )  1.2 . THE FOLLOWING ITEM IS ADDED : ( SEE O.J . )  2 . IN PART B " COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES " THE FOLLOWING ITEMS ARE ADDED : ( SEE O.J . )  ARTICLE 2  THE MEMBER STATES SHALL , NOT LATER THAN 1 SEPTEMBER 1975 , BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 3  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 24 APRIL 1975 .  FOR THE COMMISSION  P . J . LARDINOIS  MEMBER OF THE COMMISSION


title: Commission Directive 2009/91/EC of 31 July 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include disodium tetraborate as an active substance in Annex I thereto (Text with EEA relevance)

text:
               1.8.2009

               EN

               Official Journal of the European Union

               L 201/39

      COMMISSION DIRECTIVE 2009/91/EC
   of 31 July 2009
   amending Directive 98/8/EC of the European Parliament and of the Council to include disodium tetraborate as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

               The Netherlands was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 7 July 2006 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 20 February 2009, in an assessment report.

               (5)

               It appears from the examinations made that biocidal products used as wood preservatives and containing disodium tetraborate may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include disodium tetraborate in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing disodium tetraborate can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

               (6)

               However, unacceptable risks were identified for the in situ treatment of wood outdoors and for treated wood exposed to weathering. Therefore, authorisations for these uses should not be granted unless data have been submitted in order to demonstrate that the products can be used without unacceptable risks to the environment.

               (7)

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

               (8)

               In the light of the findings of the assessment report, it is appropriate to require that specific risk mitigation measures are applied at product authorisation level to products containing disodium tetraborate and used as wood preservatives. In particular, appropriate measures should be taken to protect the soil and aquatic compartments since unacceptable risks to these compartments have been identified during the evaluation. Products should also be used with appropriate protective equipment if the risk identified for professional and industrial users cannot be reduced by other means.

               (9)

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

               (10)

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

               (11)

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

               (12)

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

               (13)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 31 August 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
   They shall apply those provisions from 1 September 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   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, 31 July 2009.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1.

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

      ANNEX
      The following entry ‘No 24’ is inserted in Annex I to Directive 98/8/EC:

                     No

                     Common Name

                     IUPAC Name
                     Identification Numbers

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

                     Date of inclusion

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

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘24

                     disodium tetraborate

                     disodium tetraborate
                     EC No: 215-540-4
                     CAS No (anhydrous): 1330-43-4
                     CAS No (pentahydrate): 12267-73-1
                     CAS No (decahydrate): 1303-96-4

                     990 g/kg

                     1 September 2011

                     31 August 2013

                     31 August 2021

                     8

                     When assessing the application for authorisation of a product in accordance with Article 5 and Annex VI, Member States shall assess, when relevant for the particular product, the populations that may be exposed to the product and the use or exposure scenarios that have not been representatively addressed at the Community level risk assessment.
                     When granting product authorisation, Member States shall assess the risks and subsequently ensure that appropriate measures are taken or specific conditions imposed in order to mitigate the identified risks.
                     Product authorisation can only be granted where the application demonstrates that risks can be reduced to acceptable levels.
                     Member States shall ensure that authorisations are subject to the following conditions:

                                 1.

                                 Products authorised for industrial and professional use must be used with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks to industrial and/or professional users can be reduced to an acceptable level by other means.

                                 2.

                                 In view of the risks identified for the soil and aquatic compartments, products shall not be authorised for the in situ treatment of wood outdoors or for wood that will be exposed to weathering, unless data is submitted to demonstrate that the product will meet the requirements of Article 5 and Annex VI, if necessary by the application of appropriate risk mitigation measures. In particular, labels and/or safety-data sheets of products authorised for industrial use shall indicate that freshly treated timber must be stored after treatment under shelter and/or on impermeable hard standing to prevent direct losses to soil or water and that any losses must be collected for reuse or disposal.’

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


Avis juridique important

|

31985L0345

Council Directive 85/345/EEC of 8 July 1985 amending Directive 77/780/EEC on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions

Official Journal L 183 , 16/07/1985 P. 0019 - 0020 Spanish special edition: Chapter 06 Volume 3 P. 0003  Portuguese special edition Chapter 06 Volume 3 P. 0003  Finnish special edition: Chapter 6 Volume 2 P. 0098  Swedish special edition: Chapter 6 Volume 2 P. 0098

*****COUNCIL  DIRECTIVE  of 8 July 1985  amending Directive 77/780/EEC on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions  (85/345/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 57 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas the first subparagraph of Article 3 (3) (b) of Directive 77/780/EEC (3) provides that where the laws, regulations or administrative provisions of a Member State provide, at the time of notification of the Directive, that the economic needs of the market shall be a condition of authorization for the setting up of new credit institutions and the opening of branches of credit institutions the head of which is in the territory of such Member State or in the territory of another Member State, the State in question may continue to apply that criterion for seven years after notification;  Whereas, since the 1979 Act of Accession contains no provision relating to economic need in the banking sector, the various notification deadlines laid down in Directive 77/780/EEC were therefore also applicable to the Hellenic Republic;  Whereas, by virtue of Article 143 of the 1979 Act of Accession and of the second subparagraph of Article 3 (3) (b) of Directive 77/780/EEC, the Hellenic Republic had until 30 June 1981 to notify the Commission of its intention to maintain the criteria of economic need;  Whereas by 30 June 1981 the Commission had received no such notification;  Whereas in November 1981 the Greek Government expressed its intention of maintaining the criterion of economic need for the setting up of new credit institutions and for the opening of branches of credit institutions the head offices of which are either in Greece or in another Member State;  Whreas there is a justified case for the maintenance of the criterion of economic need, given the structural problems facing the Greek banking industry; whereas it is necessary to amend Directive 77/780/EEC as a result,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The following subparagraphs are hereby added to Article 3 (3) (b) of Directive 77/780/EEC:  'The Hellenic Republic may continue to apply the criterion of economic need. On a request from the Hellenic Republic, the Commission shall, if appropriate, submit to the Council by 15 June 1989 proposals authorizing the Hellenic Republic to continue to apply the criterion of economic need until 15 December 1992.  The Council shall act within six months of the submission of those proposals.'  Article 2  1. The Member States shall take the measures necessary for them to comply with this Directive as from its notification (1). They shall forthwith inform the Commission thereof.  2. The Member States shall communicate to the Commission the provisions of national law they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 8 July 1985.  For the Council  The President  J. SANTER  (1) OJ No C 153, 13. 6. 1984, p. 4.  (2) OJ No C 12, 14. 1. 1985, p. 125.  (3) OJ No L 322, 17. 12. 1977, p. 30.  (1) This Directive was notified to Member States on 15 July 1985.


Commission Directive 66/682/EEC of 7 November 1966 abolishing all laws, regulations or administrative provisions making imports of products which, under articles 9 and 10 of the Treaty, must be admitted for free movement, subject to the import, purchase or sale of identical or other national products


Avis juridique important

|

31974L0318

Council Directive 74/318/EEC of 25 June 1974 amending Directive No 72/464/EEC on taxes other than turnover taxes which affect the consumption of manufactured tobacco

Official Journal L 180 , 03/07/1974 P. 0030 - 0030 Finnish special edition: Chapter 9 Volume 1 P. 0025  Greek special edition: Chapter 09 Volume 1 P. 0041  Swedish special edition: Chapter 9 Volume 1 P. 0025  Spanish special edition: Chapter 09 Volume 1 P. 0045  Portuguese special edition Chapter 09 Volume 1 P. 0045

COUNCIL DIRECTIVE  of 25 June 1974  amending Directive No 72/464/EEC on taxes other than turnover taxes which affect the consumption of manufactured tobacco  (74/318/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;  Having regard to the Opinion of the European Parliament;  Having regard to the Opinion of the Economic and Social Committee;  Whereas Council Directive No 72/464/EEC (1) of 19 December 1972 on taxes other than turnover taxes which affect the consumption of manufactured tobacco, under which the Council is to adopt, before 30 June 1974, a Directive laying down the special criteria applicable after the first stage which, under Article 7 (1), is to cover a period of 24 months from 1 July 1973, subject to Article 1 (4);  Whereas, under Article 1 (4) of the aforesaid Directive, the transition from one stage of harmonization to the next may be deferred;  Whereas in order to fix special criteria applicable during the following stage or stages, for technical reasons it is beforehand necessary, in accordance with Article 3 (2) of the aforesaid Directive, for the Council to adopt, on a proposal from the Commission, the necessary provisions for determining the way in which manufactured tobacco should be defined and classified in groups;  Whereas these provisions have now been incorporated in a proposal from the Commission;  Whereas the special criteria applicable during the following stage or stages must be preceded by further consideration of the conditions in the market in manufactured tobacco in the enlarged Community;  Whereas, accordingly, the first stage needs to be extended by 12 months,  HAS ADOPTED THIS DIRECTIVE:    Article 1 In Article 7 (1) of Directive No 72/464/EEC, the terms "period of 24 months" shall be replaced by "period of 36 months".   Article 2 This Directive is addressed to the Member States.     Done at Luxembourg, 25 June 1974.  For the Council  The President  H.D. GENSCHER  (1)OJ No L 303, 31.12.1972, p. 1.


Avis juridique important

|

31983L0642

Council Directive 83/642/EEC of 12 December 1983 prolonging the period of validity of Article 7 (1) (C) and (E) of Directive 64/432/EEC

Official Journal L 358 , 22/12/1983 P. 0041 - 0041 Finnish special edition: Chapter 3 Volume 17 P. 0025  Spanish special edition: Chapter 03 Volume 29 P. 0162  Swedish special edition: Chapter 3 Volume 17 P. 0025  Portuguese special edition Chapter 03 Volume 29 P. 0162

*****COUNCIL  DIRECTIVE  of 12 December 1983  prolonging the period of validity of Article 7 (1) (C) and (E) of Directive 64/432/EEC  (83/642/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (1), as last amended by Directive 82/893/EEC (2), and in particular Article 7 (1) (C) and (E) thereof,  Having regard to the proposal from the Commission,  Whereas Directive 64/432/EEC laid down, for intra-Community trade in bovine animals, health guarantees relating to brucellosis; whereas, however, Article 7 (1) (C) thereof allows Member States to grant derogations until 31 December 1983 concerning trade in bovine animals which are intended for meat production and which are under 30 months of age; whereas Article 7 (1) (E) of that Directive also allows Member States to grant derogations concerning trade in bovine animals which are intended for meat production and which are under 42 days of age or have been castrated before the age of four months; whereas these authorizations may also be applied in respect of bovine animals intended for slaughter;  Whereas it is appropriate to facilitate trade in bovine animals while at the same time taking account of the current brucellosis situation in certain Member States;  Whereas the Community is successfully applying an accelerated scheme for brucellosis eradication;  Whereas, however, in certain Member States the total elimination of brucellosis has not yet been achieved, although it is expected that this objective will be realized within the next two years;  Whereas it is therefore necessary to prolong the period of validity of Article 7 (1) (C) and (E),  HAS ADOPTED THIS DIRECTIVE:  Article 1  The period of validity of Article 7 (1) (C) and (E) of Directive 64/432/EEC is hereby prolonged until 31 December 1985.  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1984. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 12 December 1983.  For the Council  The President  C. SIMITIS  (1) OJ No 121, 29. 7. 1964, p. 1977/64.  (2) OJ No L 378, 31. 12. 1982, p. 57.


Avis juridique important

|

31994L0077

Commission Directive 94/77/EC of 20 December 1994 amending Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 350 , 31/12/1994 P. 0113 - 0114 Finnish special edition: Chapter 3 Volume 64 P. 0214  Swedish special edition: Chapter 3 Volume 64 P. 0214

COMMISSION DIRECTIVE 94/77/EC of 20 December 1994 amending Council Directive 70/524/EEC concerning additives in feedingstuffsTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 94/50/EC (2), and in particular Article 7 thereof,  Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; whereas the Annexes were consolidated by Commission Directive 91/248/EEC (3);  Whereas a new additive belonging to the group of antibiotics has been successfully tested in certain Member States; whereas this new use should be authorized provisionally at national level in anticipation of this approval at Community level;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Annex II to Directive 70/524/EEC is hereby amended as set out in the Annex to this Directive.   Article 2  1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 30 November 1995 at the latest. They shall immediately inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed 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 Communities.  Done at Brussels, 20 December 1994.  For the Commission René STEICHEN Member of the Commission  (1) OJ No L 270, 14. 12. 1970, p. 1.  (2) OJ No L 297, 18. 11. 1994, p. 27.  (3) OJ No L 124, 18. 5. 1991, p. 1.      ANNEX  Annex II to Directive 70/524/EEC is hereby amended as follows:  In part A 'antibiotics' the following item is added:   "> ID="6.2">mg/kg of complete feedingstuff" ID="1">32> ID="2">Ardacin> ID="3">C81 83H80 84Na2N8O30Cl4 (Glycopeptide) Na salt of 10 component complex: Factor A: 16-36 % Factor B: 15-30 % Components C+C1: 20-50 % Component C2: 5-14 % Component D:  0-5 % HP-4: 0-10 % produced by Kibdelosporangium aridum (ATCC 39323). Ardacin content in the authorized preparation: 25 %> ID="4">Chickens for fattening> ID="5">-> ID="6">3> ID="7">7> ID="8">-> ID="9">30. 11. 1995">


title: Commission Directive (EU) 2016/1106 of 7 July 2016 amending Directive 2006/126/EC of the European Parliament and of the Council on driving licences (Text with EEA relevance)

text:
               8.7.2016

               EN

               Official Journal of the European Union

               L 183/59

         COMMISSION DIRECTIVE (EU) 2016/1106
   of 7 July 2016
   amending Directive 2006/126/EC of the European Parliament and of the Council on driving licences
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (1), and in particular Article 8 thereof,
   Whereas:

               (1)

               Scientific knowledge on medical conditions which affect fitness to drive has progressed since the adoption of Directive 2006/126/EC, in particular as regards the estimation of both the risks for road safety associated with the medical conditions and the effectiveness of treatment in averting those risks.

               (2)

               The current text of Directive 2006/126/EC no longer reflects the latest knowledge on disorders that affect the heart and the blood vessels which either pose a current or a prospective risk of a significant, sudden and disabling event, or impair an individual from safely controlling their vehicle, or lead to both consequences.

               (3)

               The Committee on driving licences has established a Working Group on Driving and Cardiovascular Diseases with the objective to assess the road safety risks associated with cardiovascular diseases from a current medical perspective and to formulate appropriate guidelines. The report (2) produced by the working group demonstrates why it is necessary to update the provisions on cardiovascular diseases in Annex III to Directive 2006/126/EC. It proposes to take into account the latest medical understanding and to clearly indicate for which conditions driving should be allowed and in which situations driving licences should not be issued or renewed. Furthermore, the report includes detailed information on how the updated provisions on cardiovascular diseases should be applied by the competent national authorities.

               (4)

               The knowledge and methods for diagnosing and treating hypoglycaemia have advanced since the last update of the provisions on diabetes in Annex III to Directive 2006/126/EC in 2009. The Diabetes Working Group, established by the Committee on driving licences, has concluded that those developments should be taken into account by updating those provisions, in particular concerning the relevance of hypoglycaemia occurring during sleep and duration of the driving ban following recurrent severe hypoglycaemia for group 1 drivers.

               (5)

               To appropriately take into account individual specificities and to adapt properly to future developments in these medical fields, Member States should be provided with an option for the competent national medical authorities to allow driving in duly justified individual cases.

               (6)

               Directive 2006/126/EC should therefore be amended accordingly.

               (7)

               In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (3), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments.

               (8)

               The measures provided for in this Directive are in accordance with the opinion of the Committee on driving licences,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex III to Directive 2006/126/EC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 1 January 2018 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from 1 January 2018.
   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 twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 7 July 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 403, 30.12.2006, p. 18.

      (2)  New Standards for Driving and Cardiovascular Diseases, Report of the Expert Group on Driving and Cardiovascular Diseases, Brussels, October 2013.

      (3)  OJ C 369, 17.12.2011, p. 14.

      ANNEX
      Annex III to Directive 2006/126/EC is amended as follows:

                  (1)

                  Section 9 (‘CARDIOVASCULAR DISEASES’) is replaced by the following:
                  ‘CARDIOVASCULAR DISEASES
                  9.   Cardiovascular conditions or diseases can lead to a sudden impairment of the cerebral functions that constitutes a danger to road safety. These conditions represent grounds for establishing temporary or permanent restrictions to driving.
                  9.1   For the following cardiovascular conditions, driving licences may be issued or renewed for applicants or drivers in the indicated groups, only after the condition has been effectively treated and subject to competent medical authorisation and if appropriate, regular medical assessment:

                              (a)

                              brady-arrhythmias (sinus node disease and conduction disturbances) and tachy-arrhythmias (supraventricular and ventricular arrhythmias) with history of syncope or syncopal episodes due to arrhythmic conditions (applies to group 1 and 2);

                              (b)

                              brady-arrhythmias: sinus node disease and conduction disturbances with second degree atrioventricular (AV) block Mobitz II, third degree AV block or alternating bundle branch block (applies to group 2 only);

                              (c)

                              tachy-arrhythmias (supraventricular and ventricular arrhythmias) with

                                          —

                                          structural heart disease and sustained ventricular tachycardia (VT) (applies to group 1 and 2), or

                                          —

                                          polymorphic nonsustained VT, sustained ventricular tachycardia or with an indication for a defibrillator (applies to group 2 only);

                              (d)

                              symptomatic of angina (applies to group 1 and 2);

                              (e)

                              permanent pacemaker implantation or replacement (applies to group 2 only);

                              (f)

                              defibrillator implantation or replacement or appropriate or inappropriate defibrillator shock (applies to group 1 only);

                              (g)

                              syncope (a transient loss of consciousness and postural tone, characterised by rapid onset, short duration, and spontaneous recovery, due to global cerebral hypoperfusion, of presumed reflex origin, of unknown cause, with no evidence of underlying heart disease)(applies to group 1 and 2);

                              (h)

                              acute coronary syndrome (applies to group 1 and 2);

                              (i)

                              stable angina if symptoms do not occur with mild exercise (applies to group 1 and 2);

                              (j)

                              percutaneous coronary intervention (PCI) (applies to group 1 and 2);

                              (k)

                              coronary artery bypass graft surgery (CABG) (applies to group 1 and 2);

                              (l)

                              stroke/transient ischemic attack (TIA) (applies to group 1 and 2);

                              (m)

                              significant carotid artery stenosis (applies to group 2 only);

                              (n)

                              maximum aortic diameter exceeding 5,5 cm (applies to group 2 only);

                              (o)

                              heart failure:

                                          —

                                          New York Heart Association (NYHA) I, II, III (applies to group 1 only),

                                          —

                                          NYHA I and II provided that the left ventricular ejection fraction is at least 35 % (applies to group 2 only);

                              (p)

                              heart transplantation (applies to group 1 and 2);

                              (q)

                              cardiac assist device (applies to group 1 only);

                              (r)

                              valvular heart surgery (applies to group 1 and 2);

                              (s)

                              malignant hypertension (elevation in systolic blood pressure ≥ 180 mmHg or diastolic blood pressure ≥ 110 mmHg associated with impending or progressive organ damage) (applies to group 1 and 2);

                              (t)

                              grade III blood pressure (diastolic blood pressure ≥ 110 mmHg and/or systolic blood pressure ≥ 180 mmHg) (applies to group 2 only);

                              (u)

                              congenital heart disease (applies to group 1 and 2);

                              (v)

                              hypertrophic cardiomyopathy if without syncope (applies to group 1 only);

                              (w)

                              long QT syndrome with syncope, Torsade des Pointes or QTc > 500 ms (applies to group 1 only).

                        9.2   For the following cardiovascular conditions, driving licences shall not be issued or renewed for applicants or drivers in the indicated groups:

                              (a)

                              implant of a defibrillator (applies to group 2 only);

                              (b)

                              peripheral vascular disease — thoracic and abdominal aortic aneurysm when maximum aortic diameter is such that it predisposes to a significant risk of sudden rupture and hence a sudden disabling event (applies to group 1 and 2);

                              (c)

                              heart failure:

                                          —

                                          NYHA IV (applies to group 1 only),

                                          —

                                          NYHA III and IV (applies to group 2 only);

                              (d)

                              cardiac assist devices (applies to group 2 only);

                              (e)

                              valvular heart disease with aortic regurgitation, aortic stenosis, mitral regurgitation or mitral stenosis if functional ability is estimated to be NYHA IV or if there have been syncopal episodes (applies to group 1 only);

                              (f)

                              valvular heart disease in NYHA III or IV or with ejection fraction (EF) below 35 %, mitral stenosis and severe pulmonary hypertension or with severe echocardiographic aortic stenosis or aortic stenosis causing syncope; except for completely asymptomatic severe aortic stenosis if the exercise tolerance test requirements are fulfilled (applies to group 2 only);

                              (g)

                              structural and electrical cardiomyopathies — hypertrophic cardiomyopathy with history of syncope or when two or more of the following conditions present: left ventricle (LV) wall thickness > 3 cm, non-sustained ventricular tachycardia, a family history of sudden death (in a first degree relative), no increase of blood pressure with exercise (applies to group 2 only);

                              (h)

                              long QT syndrome with syncope, Torsade des Pointes and QTc > 500 ms (applies to group 2 only);

                              (i)

                              Brugada syndrome with syncope or aborted sudden cardiac death (applies to group 1 and 2).

                        Driving licences may be issued or renewed in exceptional cases, provided that it is duly justified by competent medical opinion and subject to regular medical assessment ensuring that the person is still capable of driving the vehicle safely taking into account the effects of the medical condition.
                  9.3   Other cardiomyopathies
                  The risk of sudden incapacitating events shall be evaluated in applicants or drivers with well described cardiomyopathies (e.g. arrhythmogenic right ventricular cardiomyopathy, non-compaction cardiomyopathy, catecholaminergic polymorphic ventricular tachycardia and short QT syndrome) or with new cardiomyopathies that may be discovered. A careful specialist evaluation is required. The prognostic features of the particular cardiomyopathy shall be considered.
                  9.4   Member States may restrict the issue or renewal of driving licences for applicants or drivers with other cardiovascular diseases.’;

                  (2)

                  point 10.2 of section 10 (‘DIABETES MELLITUS’) is replaced by the following:
                  10.2   An applicant or driver with diabetes treated with medication which carries a risk of inducing hypoglycaemia shall demonstrate an understanding of the risk of hypoglycaemia and adequate control of the condition.
                  Driving licences shall not be issued to, or renewed for, applicants or drivers who have inadequate awareness of hypoglycaemia.
                  Driving licences shall not be issued to, or renewed for, applicants or drivers who have recurrent severe hypoglycaemia, unless supported by competent medical opinion and regular medical assessment. For recurrent severe hypoglycaemias during waking hours a licence shall not be issued or renewed until 3 months after the most recent episode.
                  Driving licences may be issued or renewed in exceptional cases, provided that it is duly justified by competent medical opinion and subject to regular medical assessment, ensuring that the person is still capable of driving the vehicle safely taking into account the effects of the medical condition.’


Avis juridique important

|

31990L0652

Council Directive 90/652/EEC of 4 December 1990 amending Directive 87/167/EEC on aid to shipbuilding

Official Journal L 353 , 17/12/1990 P. 0045 - 0045

COUNCIL DIRECTIVE of 4 December 1990 amending Directive 87/167/EEC on aid to shipbuilding (90/652/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 92 (3) (d) and Article 113 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 from the date of German unification onwards Directive 87/167/EEC(4) will apply in the territory of the united Germany;    Whereas the shipbuilding industry in the former German Democratic Republic will require an urgent restructuring process; whereas the immediate application of the common maximum ceiling for production aid may not facilitate this process, and particular  arrangements should be allowed to enable the shipbuilding industry of the former German Democratic Republic gradually to complete restructuring and comply with the aid regime applicable to the Community as a whole,   HAS ADOPTED THIS DIRECTIVE:      Article 1  Directive 87/167/EEC is hereby amended as follows:   1.The heading of Chapter IV shall be replaced by the following:   'SPAIN, PORTUGAL, AND THE TERRITORY OF THE FORMER GERMAN DEMOCRATIC REPUBLIC'   2.The following terms shall be added to Article 9 (1):    '. . . nor in the territory of the former German Democratic Republic.'   3.The following paragraph shall be added to Article 9:    '4.  Operating aid for shipbuilding and ship conversion in the former German Democratic Republic may be considered compatible with the common market provided that:    the shipbuilding industry has undertaken a systematic and specific restructuring programme, including capacity reductions, which can be considered capable of allowing it to operate competitively;   the aid is being progressively reduced.'    Article 2  This Directive shall apply from 3 October 1990, the date of German unification.    Article 3  This Directive is addressed to the Member States.     Done at Brussels, 4 December 1990.    For the Council The President G. DE MICHELIS   (1)OJ No C 248, 2. 10. 1990, p. 6.  (2)Opinion delivered on 21 November 1990 (not yet published in the Official Journal).  (3)Opinion delivered on 20 November 1990 (not yet published in the Official Journal).  (4)OJ No L 69, 12. 3. 1987, p. 55.


Avis juridique important

|

31978L0630

Council Directive 78/630/EEC of 19 June 1978 amending for the first time Directive 76/118/EEC on the approximation of the laws of the Member States relating to certain partly or wholly dehydrated preserved milk for human consumption

Official Journal L 206 , 29/07/1978 P. 0012 - 0012 Finnish special edition: Chapter 13 Volume 8 P. 0161  Greek special edition: Chapter 03 Volume 22 P. 0066  Swedish special edition: Chapter 13 Volume 8 P. 0161  Spanish special edition: Chapter 13 Volume 8 P. 0211  Portuguese special edition Chapter 13 Volume 8 P. 0211

COUNCIL DIRECTIVE  of 19 June 1978  amending for the first time Directive 76/118/EEC on the approximation of the laws of the Member States relating to certain partly or wholly dehydrated preserved milk for human consumption  (78/630/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas Council Directive 76/118/EEC of 18 December 1975 on the approximation of the laws of Member States relating to certain partly or wholly dehydrated preserved milk for human consumption (3) lays down in Article 3 (1) that only designations referred to and defined in the Annex thereto may be used to denote the products defined therein ; whereas in point 1 (c) thereof the designation "unsweetened condensed partly-skimmed milk" is referred to and defined ; whereas under this provision the only milk which may be sold by retail with this designation is partly dehydrated milk containing, by weight, between 4 and 4 75 % fat and not less than 24 % milk solids;  Whereas, in view of problems of understanding on the part of buyers, Directive 76/118/EEC sets out in Article 3 (2) certain designations, the use of which may be reserved in their territories by the Member States concerned;  Whereas similar difficulties have also been found in certain Member States in relation to the designation of unsweetened condensed partly-skimmed milk which may be sold by retail ; whereas it is therefore necessary to extend to those States the option provided for in Article 3 (2) of Directive 76/118/EEC, as regards retail sales of products with the above designation,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The following shall be added to Article 3 (2) of Directive 76/118/EEC:  "(d) "Geëvaporeerde halfvolle melk" in Belgium and the Netherlands and "lait demi-écrémé concentré" and "lait demi-écrémé concentré non sucré" in Belgium, France and Luxembourg, to denote, in the case of sale by retail, the product defined in point 1 (c) of the Annex."   Article 2 This Directive is addressed to the Member States.     Done at Luxembourg, 19 June 1978.  For the Council  The President  P. DALSAGER  (1)OJ No C 183, 1.8.1977, p. 59. (2)OJ No C 84, 8.4.1978, p. 3. (3)OJ No L 24, 30.1.1976, p. 49.


Avis juridique important

|

31993L0003

Commission Directive 93/3/EEC of 5 February 1993 amending Directive 66/403/EEC on the marketing of seed potatoes

Official Journal L 054 , 05/03/1993 P. 0021 - 0021 Finnish special edition: Chapter 3 Volume 48 P. 0155  Swedish special edition: Chapter 3 Volume 48 P. 0155

COMMISSION DIRECTIVE 93/3/EEC of 5 February 1993  amending Directive 66/403/EEC on the marketing of seed potatoesTHE COMMISSION OF  THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 66/403/EEC  (1) of 14 June 1966 on the marketing of seed  potatoes, as last amended by Commission Directive 92/17/EEC  (2), and in particular Article 15 (2a)  thereof, Whereas in principle, with effect from certain dates, Member States may no longer determine for  themselves the equivalence of seed potatoes harvested in third countries with seed potatoes  harvested within the Community and complying with that Directive; Whereas, however, since work to establish Community equivalence for all the third countries  concerned had not been completed, Article 15 (2a) of that Directive permitted Member States to  extend to 31 March 1992 the period of validity of equivalence which they had already of certain  countries not covered by the Community equivalences; Whereas the said work is still incomplete; Whereas the authorization may only be extended in accordance with Member States' obligations under  the common rules on plant health, laid down by Council Directive 77/93/EEC  (3), as last amended by  Commission Directive 92/10/EEC  (4); Whereas by Commission Decisions 92/467/EEC  (5) and 92/468/EEC  (6) derogations provided for by  certain Member States from certain provisions of Directive 77/93/EEC in respect of seed potatoes  originating in Poland and Canada respectively have been approved until 31 December 1992; Whereas Commission Decision 93/33/EEC  (7) extends that period further in respect of Canada until  31 March 1993; Whereas the authorization granted to Member States by Article 15 (2a) should accordingly be  extended; Whereas the measures provided for in this Directive are in accordance with the opinion of the  Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, HAS ADOPTED THIS DIRECTIVE: Article 1 In Article 15 (2a) of Directive 66/403/EEC, '31 March 1992` is  replaced by '31 March 1993`. Article 2 1.  The Member States shall bring into force the laws, regulations or administrative  provisions necessary to comply with this Directive by 28 February 1993 at the latest. They shall  forthwith inform the Commission thereof. When Member States adopt these provisions, these shall contain a reference to this Directive or  shall be accompanied by such reference at the time of their official publication. The procedure for  such reference shall be adopted by Member States. 2.  Member States shall communicate to the Commission the provisions of national law which they  adopt in the field covered by this Directive. Article 3 This Directive is addressed to the Member States. Done at Brussels, 5 February 1993. For the Commission René STEICHEN Member of the Commission


Avis juridique important

|

31963L0607

Council Directive 63/607/EEC of 15 October 1963 implementing in respect of the film industry the provisions of the General Programme for the abolition of restrictions on freedom to provide services

Official Journal 159 , 02/11/1963 P. 2661 - 2664 Finnish special edition: Chapter 6 Volume 1 P. 0008  Danish special edition: Series I Chapter 1963-1964 P. 0047  Swedish special edition: Chapter 6 Volume 1 P. 0008  English special edition: Series I Chapter 1963-1964 P. 0052  Greek special edition: Chapter 06 Volume 1 P. 0022  Spanish special edition: Chapter 06 Volume 1 P. 0025  Portuguese special edition Chapter 06 Volume 1 P. 0025

COUNCIL DIRECTIVE  of 15 October 1963  implementing in respect of the film industry the provisions of the General Programme for the abolition of restrictions on freedom to provide services  (63/607/EEC)THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY, Having regard to the Treaty establishing the European Economic Community, and in particular Article 63 (2) thereof; Having regard to the General Programme for the abolition of restrictions on freedom to provide services, (1) and in particular Title V C (c) thereof; Having regard to the proposal from the Commission; Having regard to the Opinion of the European Parliament (2); Having regard to the Opinion of the Economic and Social Committee (3); Whereas the movement of films among Member States comes, as regards distribution and commercial exploitation, within the provisions of the General Programme for the abolition of restrictions on freedom to provide services; Whereas the achievement of a common market in the film industry presents a number of problems which must be solved progressively during the transitional period ; whereas the abolition of restrictions on the importation of films represents only one aspect of the overall problem posed by the film industry; Whereas the second subparagraph of Title V C (c) of the General Programme provides, in respect of the film industry, that bilateral quotas existing between Member States at the time of the entry into force of the Treaty shall be increased by one-third in those States where the importation of exposed and developed films for distribution and commercial exploitation is restricted; Whereas, in order to ensure that this Directive is correctly applied, it is necessary to define the term "film" and to lay down common criteria for recognition of the nationality of films of Member States; Whereas it is necessary to consolidate such liberalisation as has already been achieved with regard to distribution, commercial exploitation and trade in respect of films other than those subject to bilateral quotas; HAS ADOPTED THIS DIRECTIVE:Article 1Persons entitled to the benefit of the measures adopted in pursuance of this Directive shall be those covered by Title I of the General Programme for the abolition of restrictions on freedom to provide services. This Directive shall apply to films which satisfy the provisions of Article 2 and which, under Articles 3 and 4, are to be regarded as having the nationality of a Member State. Article 2For the purposes of this Directive, "film" means any copy which conforms to the master copy of a completed cinematographic work intended for public or for private exhibition and in which subsist all rights of commercial exploitation arising under international conventions or under other international arrangements. Films shall be classified as follows: (a) full-length films : 35-mm films equal to or exceeding 1600 m in length;  (1) OJ No 2, 15.1.1962, p. 32/62. (2) OJ No 33, 4.3.1963, p. 476/63. (3) OJ No 159, 2.11.1963, p. 2667/63.  (b) short films : 35-mm films less than 1600 m in length; (c) newsreel films : 35-mm films equal to or exceeding 200 m in average length the purpose of which is to provide regular reports and filmed accounts of current affairs and events ; newsreel films in colour may be less than 200 m in length. Lengths for films of other widths shall be such that their running times correspond to those of the films defined in (a), (b) and (c). Article 3For the purposes of this Directive, a film shall be regarded as having the nationality of a Member State where it satisfies the following conditions: (a) the film must be produced by an undertaking which satisfies the provisions of Title I of the General Programme for the abolition of restrictions on freedom to provide services; (b) studio-filming must take place in studios situated in Community territory ; if the subject of the film requires the filming of outdoor scenes in a third country, up to 30 % of the studio-filmed scenes may be shot in the territory of that third country; (c) the original version must be recorded in the language, or in one of the languages, of the Member State in question, except for any parts of the dialogue which the screenplay requires to be in another language ; where the film is recorded in more than one version, one of those versions must be in the language, or in one of the languages, of the Member State in question; (d) the screenplay, adaptation, dialogue and, if specially composed for the film in question, musical score must be written or composed by persons who are nationals of the Member State in question or who come within its cultural domain; (e) the director must be a national of the Member State in question or a person who comes within its cultural domain; (f) the majority of the executants, that is to say of the following-principal players, executive producer, director of photography, sound engineer, editor, art director and wardrobe chief-must be nationals of the Member State in question or persons who come within its cultural domain. Participation in the activities referred to in (d), (e) and (f) by nationals of other Member States, or by persons who come within the cultural domain of any such State, shall not preclude recognition of the nationality of a film where the Member State in question accords its nationality to that film. Neither shall participation in the activities referred to in (d) and (f) by nationals of third countries who are not persons coming within the cultural domain of a Member State preclude recognition of the nationality of a film where the Member State in question accords its nationality to that film provided that such nationals do not constitute more than two-fifths of the total of the persons participating in such activities. The same shall apply if the person referred to in (e) is a national of a third country who is not a person coming within the cultural domain of a Member State, provided that all the activities referred to in (d) and not less than four-fifths of the functions referred to in (f) are performed by nationals of Member States. Article 4By way of derogation from the provisions of Article 3, films shall be regarded as having the nationality of a Member State if they are made by producers from Member States as co-productions or in co-operation, with producers from third countries. Films shall be regarded as being co-productions where they are made under the terms of reciprocal international agreements. Films shall be regarded as being in co-operation with producers from one or more third countries where they are made with such producers by producers from one or more Member States in conformity with national laws. In the case both of co-productions and of productions made in co-operation with other producers the artistic and technical contribution of the Member State or States shall be not less than 30 %. Films covered by this Article shall be allowed to circulate freely for the purposes of distribution and commercial exploitation among all Member States. Article 5Member States shall not restrict in any way the importation, distribution and commercial exploitation of: (a) short films; (b) newsreel films, subject to the right to maintain until the end of the transitional period any existing restrictions with regard to the distribution and commercial exploitation of newsreels containing items not intended for exhibition in more than one country; (c) full-length films of documentary value, such as films of cultural, scientific, technical or industrial subjects, or instructional or educational films for young people, or films promoting the Community ideal.  Article 6There shall be no restriction on the importation into, distribution in or commercial exploitation in, a Member State of full-length films having the nationality of another Member State and being for exhibition in the original version, with or without sub-titles in the language or one of the languages of the State in which they are to be exhibited. Article 7 1. Where there are quota arrangements between Member States, such Member States shall allow the importation into, distribution in and commercial exploitation in, their territories of one another's films dubbed in the language of the State in which they are to be shown on the basis of existing quotas. Such quotas shall, from the date of implementation of this Directive, amount to not less than seventy films per film year.  2. The commercial exploitation of reissued films shall be subject to agreement between the competent authorities of the Member States concerned.  3. No Member State may introduce quotas for films, irrespective of their category, from other Member States in relation to which there are no existing quota restrictions. Article 8Authorisations granted in accordance with the provisions of the preceding Articles shall carry with them the right to import without restriction prints, dupes and advertising material. Article 9Nothing in this Directive shall affect the operation of rules applicable in a Member State to the exhibition of its own films or of films treated as such. Article 10No tax or measure having equivalent effect the application of or exemption from which might result in discrimination shall be imposed in respect of the granting of any authorisation for the importation, distribution or commercial exploitation of any film having the nationality of a Member State. Article 11Nothing in this Directive shall require the authorities of importing Member States to issue authorisations for the importation into and commercial exploitation in their territories of any film which is not accompanied by a certificate issued by the exporting Member State attesting to the nationality of that film, as determined in accordance with the provisions of Articles 3 and 4. Article 12Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof. Article 13This Directive is addressed to the Member States.Done at Brussels, 15 October 1963. For the Council The President L. de BLOCK


Avis juridique important

|

31990L0660

Council Directive 90/660/EEC of 4 December 1990 on the transitional measures applicable in Germany with regard to certain Community provisions relating to the protection of the environment, in connection with the internal market

Official Journal L 353 , 17/12/1990 P. 0079 - 0080 Finnish special edition: Chapter 15 Volume 10 P. 0024  Swedish special edition: Chapter 15 Volume 10 P. 0024

COUNCIL DIRECTIVE of 4 December 1990 on the transitional measures applicable in Germany with regard to certain Community provisions relating to the protection of the environment, in connection with the internal market (90/660/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,    Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,    Having regard to the proposal from the Commission(1),    In cooperation with the European Parliament(2),    Having regard to the opinion of the Economic and Social Committee(3),    Whereas the European Economic Community has adopted a set of rules concerning the protection of the environment;    Whereas, from the date of German unification onwards, Community law will be fully applicable to the territory of the former German Democratic Republic;    Whereas, however, with regard to the specific situation existing in that territory, it is necessary to allow the Federal Republic of Germany to lay down a specific time limit within which certain rules in force in that territory must be brought into  conformity with Community law;    Whereas this applies more especially in the case of the Community system established by the Directives on the classification, packaging and labelling of dangerous substances and also in the case of the sulphur content of certain combustible liquids;    Whereas any derogations provided for in that connection must be temporary and cause the least possible disturbance to the functioning of the common market;    Whereas information on the rules in force in the former German Democratic Republic and on the state of the environment is insufficient to permit the extent of the derogations to be definitively established; whereas, in order to allow for changes in the situation, a simplified procedure must be laid down in accordance with the third indent of Article 145 of the Treaty,  HAS ADOPTED THIS DIRECTIVE:     Article 1  1.  By way of derogation from Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(4) as last  amended by Directive 90/517/EEC(5), the Federal Republic of Germany is authorized to take the measures necessary to ensure compliance with the provisions of that Directive in the territory of the former German Democratic Republic by 31 December 1992 at  the latest.   2.  The Federal Republic of Germany shall take the measures necessary to ensure that substances and preparations which do not comply with Directive 67/548/EEC are not placed on the territory of the Community other than the territory of the former  German Democratic Republic. These measures must be compatible with the Treaty, and in particular with the objectives of Article 8a thereof, and must not create checks and formalities at the borders between the Member States.    Any substance which does not appear on the Einecs list provided for in Article 13 of Directive 67/548/EEC must be notified in accordance with the provisions of that Directive. The conditions governing the notification of substances existing on the  market of the former German Democratic Republic prior to 18 September 1981 which do not appear on the Einecs list shall be laid down by the Commission.    Article 2  1.  By way of derogation from Article 2 (1) of Council Directive 75/716/EEC of 24 November 1975 on the approximation of the laws of the Member States relating to the sulphur content of certain liquid fuels(6), as amended by Directive 87/219/EEC(7), the Federal Republic of Germany shall be authorized, in respect of the territory of the former German  Democratic Republic, to exempt producers established in that territory on the date of unification from the obligation to comply with the limit value for the sulphur content of gas oil.    The German authorities may grant such authorization only in cases where compliance with the limit value for the sulphur content of gas oil would be an unreasonable requirement for the producer concerned. Authorization can not be granted for values  exceeding the limit of 0,5 % sulphur content limit. All such authorizations must have a cut-off date and terminate by 31 December 1994 at the latest.    2.  The Federal Republic of Germany shall take the necessary measures to ensure that gas oil which does not comply with Directive 75/716/EEC is excluded from Community territory other than the territory referred to in paragraph 1. These measures must  be compatible with the Treaty, and in particular with the objectives of Article 8a thereof, and must not create checks and formalities at the borders between the Member States.    Article 3  The Federal Republic of Germany shall forthwith inform the Commission of the measures taken pursuant to Articles 1 and 2, which the Commission shall communicate to the other Member States and to the European Parliament.    Article 4  1.  Adjusting measures to fill obvious loopholes and to make technical adjustments to those provided for in this Directive may be adopted in accordance with the procedure laid down in Article 21 of Directive 67/548/EEC.    2.  Adjusting measures must be designed to ensure coherent application of the Directives referred to in Articles 1 and 2 in the territory of the former German Democratic Republic, with due regard for the specific circumstances in that territory and  the special difficulties involved in the application of those Directives.    They must be consistent with the principles of those Directives and be closely related to one of the derogations provided for by this Directive.    3.  The measures referred to in paragraph 1 may be adopted not later than 31 December 1992. Their applicability shall be limited to the same date; however, as regards the Directive referred to in Article 2, that date shall be 31 December 1994.    4.  Any Member State may refer any difficulties to the Commission. The Commission shall, as a matter of urgency, examine the question and submit its conclusions, possibly accompanied by appropriate measures.    Article 5  This Directive is addressed to the Member States.    Done at Brussels, 4 December 1990.    For the Council The President G. DE MICHELIS   (1)OJ No L 263, 26. 9. 1990, p. 40, as amended on 25 October 1990 and on 28 November 1990.  (2)Opinion delivered on 24 October 1990 (not yet published in the Official Journal) and Decision of 21 November 1990 (not yet published in the Official Journal).  (3)Opinion delivered on 20 November 1990 (not yet published in the Official Journal).  (4)OJ No 196, 16. 8. 1967, p. 1.  (5)OJ No L 289, 19. 10. 1990, p. 32.  (6)OJ No L 307, 27. 11. 1975, p. 22.  (7)OJ No L 91, 3. 4. 1987, p. 19.


Avis juridique important

|

31983L0002

Council Directive 83/2/EEC of 30 December 1982 on a derogation accorded to Denmark relating to the rules governing turnover tax and excise duty applicable in international travel

Official Journal L 012 , 14/01/1983 P. 0048 - 0049

*****COUNCIL  DIRECTIVE  of 30 December 1982  on a derogation accorded to Denmark relating to the rules governing turnover tax and excise duty applicable in international travel  (83/2/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,  Whereas, pursuant to Article 133 and to Part V 1 (a) of Annex VII to the 1972 Act of Accession, Denmark was granted a derogation regarding 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 duty on imports in international travel (1), as last amended by Directive 82/443/EEC (2); whereas this derogation was last extended by Directive 77/800/EEC (3) adopted pursuant to Part V 1 (c) of Annex VII to the said Act of Accession;  Whereas the Danish Government has requested a further period to apply the harmonized rules stemming from Directive 69/169/EEC;  Whereas the tax system at present applied in Denmark does not yet allow the full application of such rules in Denmark without the risk of serious economic consequences;  Whereas, therefore, Denmark should be authorized to maintain provisionally the exceptional arrangements which it has enjoyed hitherto; whereas, however, in order to facilitate adaptation, provision should be made for the progressive adaptation of these arrangements to the harmonized Community rules,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. Notwithstanding Directive 69/169/EEC, Denmark is hereby authorized, in respect of exemption for imports of tobacco products, alcoholic beverages (distilled beverages and spirits of an alcoholic strength exceeding 22 % vol) beer to apply the following quantitative limits, where such goods are imported by travellers resident in Denmark, after a stay in another country:  - until 31 December 1985, when the stay is less than 48 hours, and  - from 1 January 1986 to 31 December 1987, when the stay is less than 24 hours:  1.2.3.4.5.6 //   //   //   //   //   //   //   // Until 31 December 1983  // From 1 January to 31 December 1984  // From 1 January to 31 December 1985  // From 1 January to 31 December 1986  // From 1 January to 31 December 1987  //   //   //   //  //   //   // Cigarettes  // 60  // 60  // 140  // 200  // 240  // or  //   //   //   //   //   // Cigarillos (cigars of a maximum weight of 3 grams)  // 40  // 50  // 60  // -  // -  // or  //   //   //   //   //   // Cigars  // 30  // 40  // 50  // -  // -  // or  //   //   //   //   //   // Smoking tobacco where the tobacco particles have a width of at least 1;5 mm  // 200 grams  // 250 grams  // 300 grams  // -  // -  // or  //   //   //   //   //   // Other smoking tobacco (fine cut)  // 100 grams  // 100 grams  // 200 grams  // 250 grams  // 300 grams  // Distilled beverages and spirits of an alcoholic strength exceeding 22 % vol  // Nil  // Nil  // 0;35 litre  // 0;35 litre  // 0;7 litre  // Beer  // 2 litres  // 4 litres 1982, p. 35. (3) OJ No L 336, 27. 12. 1977, p. 21.  2. Where the traveller is returning from a stay in a third country, the allowances may in no circumstances exceed those laid down in column I of Article 4 (1) of Directive 69/169/EEC.  Article 2  Denmark shall communicate to the Commission the texts of the measures which it adopts in order to comply with this Directive.  Article 3  This Directive is addressed to the Kingdom of Denmark.  Done at Brussels, 30 December 1982.  For the Council  The President  O. MOELLER  // 6 litres  // -  // -  //   //   //   //   //   //  (1) OJ No L 133, 4. 6. 1969, p. 6. (2) OJ No L 206, 14. 7.